Community Bank & Trust v. Bank of America Corporation

Federal Civil Lawsuit New York Southern District Court, Case No. 1:12-cv-04205-NRB
District Judge Naomi Reice Buchwald, presiding
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District Judge Naomi Reice Buchwald
Last Updated November 8, 2018 at 12:46 AM EST (7 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Community Bank And Trust, Plaintiff

Represented by Shapiro Haber & Urmy LLP

Name Phone Fax E-Mail
Space Thomas V. Urmy, Jr. +1 617 439 3939 +1 617 439 0134 turmy@shulaw.com

Represented by Shepherd, Finkelman, Miller & Shah, LLC

v.
Bank of America Corporation Bank of America Corporation, Defendant

Represented by Davis Polk & Wardwell, LLP

Bank of America, NA Bank of America, NA, Defendant
Officer/Director, Oneida Ltd.
Officer/Director, NATIONSBANK CORP
Officer/Director, Blue Ridge Investments, LLC
Officer/Director, Pioneer High Income Trust
Officer/Director, Nb Holdings Corp

Represented by Davis Polk & Wardwell, LLP

Citigroup, Inc. Citigroup, Inc., Defendant
Officer/Director, Court Square Capital Ltd.
Officer/Director, Chippac, Inc.
Officer/Director, Amis Holdings, Inc.
Citibank, NA Officer/Director, Citibank, NA
Officer/Director, Keane, Inc.
Officer/Director, Macdermid Inc.
Officer/Director, Travelers Insurance Co
Officer/Director, CITICORP
Officer/Director, Imc Mortgage Co
Officer/Director, Fashion Dynamics Corp
Officer/Director, Pfs Services Inc
Officer/Director, Citicorp Banking Corp
Officer/Director, Intersil Holding Co
Officer/Director, Citigroup Holdings Co
Officer/Director, Cvc Partners LLC
Officer/Director, Ness Technologies Inc
Officer/Director, Primerica, Inc.
Officer/Director, Student Loan Corp
Officer/Director, Mfs Municipal Income Trust
Officer/Director, Pilgrim Prime Rate Trust
Officer/Director, Pimco Corporate Income Fund
Officer/Director, Pimco High Income Fund
Officer/Director, Pacholder Fund Inc
Officer/Director, Muniyield Pennsylvania Fund
Officer/Director, Municipal Partners Fund Inc
Officer/Director, Muniyield Michigan Fund Inc
Officer/Director, Gabelli Equity Trust Inc
Officer/Director, Nuveen Senior Income Fund
Officer/Director, Muniyield Insured Fund Inc
Officer/Director, Munienhanced Fund Inc
Officer/Director, Muniyield Florida Fund
Officer/Director, Salomon Inc
Officer/Director, Jones Energy, Inc.
Officer/Director, Cryomedical Sciences, Inc.
Officer/Director, S Y Bancorp Inc
Scholastic Corporation Officer/Director, Scholastic Corporation
Officer/Director, Corvel Corp
Officer/Director, Buckle, Inc.,
Officer/Director, Avid Technology, Inc.
Officer/Director, O'reilly Automotive, Inc.
Officer/Director, Healthrite, Inc.
Officer/Director, Smith Midland Corp
Officer/Director, Mitcham Industries Inc
Officer/Director, Tc Group L.l.c.
Darden Restaurants, Inc. Officer/Director, Darden Restaurants, Inc.
Officer/Director, American Tire Corp
Officer/Director, Synalloy Corp
JPMorgan Chase Bank, NA JPMorgan Chase Bank, NA, Defendant
Officially listed as "JPMorgan Chase & Co."
No Logo National Association,, Defendant
Attributes
Office Foley Square
Filed 5/25/2012
Jury Demand Plaintiff
Demand
Nature of Suit 470 - Civil (RICO) Racketeer/Corrupt Organization
Cause Section 18 U.S.C. § 1961 Racketeering (RICO) Act
Jurisdiction Federal Question
Disposition
County XX Out of State
Terminated
Origin 1
Reopened None
Lead Case
Related Case
111-md-02262-NRB
Other Court Case None
Def Custody Status
Flags STAYED, ECF, MDL, RELATED
Timeline
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Legal Document (Payment Possibly Required) 132 Filed: 5/15/2018, Entered: None Order
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Legal Document (Payment Possibly Required) 131 Filed: 5/11/2018, Entered: None Notice of Appearance
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Legal Document (Payment Possibly Required) 122 Filed: 8/3/2017, Entered: None Unknown Document TypeCourt Filing
MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF ATTORNEY AND WITHDRAWAL FROM ELECTRONIC NOTIFICATION: Request is hereby made by Jeffrey A. Shooman, Esq., former counsel for 33-35 Green Pond Road Associates in the above-captioned matter, to withdraw from electronic notification in the within case, and it is represented that: I no longer represent my former client in this case, as I am no longer associated with the law firm of Lite DePalma Greenberg LLC, counsel to 33-35 Green Pond Road Associates. I have had no connection with these litigations since September 2015. Therefore, I no longer wish to receive notices in these cases. ENDORSEMENT: SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 8/03/2017) (ama) (Entered: 08/03/2017)
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Legal Document (Payment Possibly Required) 121 Filed: 7/5/2017, Entered: None Unknown Document TypeCourt Filing
ORDER: re: (1984 in 1:11-md-02262-NRB) Letter filed by Bank of Tokyo-Mitsubishi UFJ Ltd. The application is denied without prejudice substantially for the reasons set forth in the Dismissed Defendants' letter, ECF No. 1984. And as set forth herein. (Signed by Judge Naomi Reice Buchwald on 7/05/2017) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ama) (Entered: 07/06/2017)
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Legal Document (Payment Possibly Required) 120 Filed: 5/16/2017, Entered: None Unknown Document Type
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Brian Levin to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Gary Francis. (Attachments: # 1 Affidavit Affidavit of Brian Levin, # 2 Supplement Supreme Court of Florida Certificate Of Good Standing, # 3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Braun, Robert) Modified on 5/16/2017 (bcu). (Entered: 05/16/2017)
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Legal Document (Payment Possibly Required) 119 Filed: 4/6/2017, Entered: None Unknown Document TypeCourt Filing
NOTICE OF WITHDRAW AL OF APPEARANCE: granting (1836 in case 11-md-2262) Motion to Withdraw as Attorney. The undersigned counsel is no longer associated with the firm of Gibson, Dunn & Crutcher LLP, effective as of March 31, 2017, and hereby requests that the Court withdraw me as counsel for Defendants UBS AG, UBS Securities LLC, and UBS Limited in the above-captioned action. No substitution of counsel is necessary, as UBS AG, UBS Securities LLC, and UBS Limited continue to be represented in this action by attorneys of record from Gibson, Dunn & Crutcher LLP. UBS AG, UBS Securities LLC, and UBS Limited are aware of and consent to the withdrawal. SO ORDERED. Attorney Joel Steven Sanders terminated in case 1:11-md-02262-NRB. (Signed by Judge Naomi Reice Buchwald on 4/06/2017) Filed In Associated Cases: 1:11-md-02262-NRB et al. (ama) (Entered: 04/06/2017)
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Legal Document (Payment Possibly Required) 118 Filed: 2/24/2017, Entered: None Unknown Document TypeCourt Filing
LETTER MOTION to Seal Document (1775 in 1:11-md-02262-NRB) LETTER MOTION to Compel JP Morgan Chase Bank, N.A. to produce additional documents and provide a privilege log addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated February 24, 2017. addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated February 24, 2017. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: # 1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 02/24/2017)
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Legal Document (Payment Possibly Required) 117 Filed: 2/24/2017, Entered: None Unknown Document TypeCourt Filing
LETTER MOTION to Compel JP Morgan Chase Bank, N.A. to produce additional documents and provide a privilege log addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated February 24, 2017. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: # 1 Exhibit A, # 2 Exhibit B - Filed Separately Under Seal, # 3 Exhibit C - Filed Separately Under Seal, # 4 Exhibit D - Filed Separately Under Seal, # 5 Exhibit E - Filed Separately Under Seal, # 6 Exhibit F - Filed Separately Under Seal)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 02/24/2017)
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Legal Document (Payment Possibly Required) 116 Filed: 2/8/2017, Entered: None Unknown Document TypeCourt Filing
ORDER on MOTION FOR LEAVE TO WITHDRAW AS COUNSEL: in case 1:11-cv-02613-NRB; granting (1765 in case 11-md-2262) Motion to Withdraw as Attorney. Pursuant to Local Civil Rule 1.4, JPMorgan Chase & Co. and JPMorgan Chase Bank, N.A. (collectively, "JPMorgan"), by and through its counsel Simpson Thacher & Bartlett LLP, respectfully requests the withdrawal of the appearance of Elizabeth J. Shutkin as counsel for JPMorgan in the above-referenced action. SO ORDERED. Attorney Elizabeth Jane Shutkin terminated in case 11cv2613 and 1:11-md-02262-NRB. (Signed by Judge Naomi Reice Buchwald on 2/08/2017) Filed In Associated Cases: 1:11-md-02262-NRB et al. (ama) (Entered: 02/10/2017)
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Legal Document (Payment Possibly Required) 115 Filed: 1/3/2017, Entered: None Unknown Document TypeCourt Filing
MEMO ENDORSEMENT on re: NOTICE OF WITHDRAWAL OF APPEARANCE AND ORDER. ENDORSEMENT: So Ordered. (Signed by Judge Naomi Reice Buchwald on 1/3/2017) Filed In Associated Cases: 1:11-md-02262-NRB et al.(cla) (Entered: 01/04/2017)
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Legal Document (Payment Possibly Required) 114 Filed: 1/3/2017, Entered: None Unknown Document TypeCourt Filing
MEMO ENDORSEMENT on re: Notice of Withdrawal of Appearance and Order. ENDORSEMENT: So Ordered. (Attorney Colin Reardon terminated.) (Signed by Judge Naomi Reice Buchwald on 1/3/2017) Filed In Associated Cases: 1:11-md-02262-NRB et al.(cla) (Entered: 01/03/2017)
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Legal Document (Payment Possibly Required) 113 Filed: 12/29/2016, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated December 29, 2016 re: Plaintiffs' reply to Tullett entities' 12/27/16 letter [Dkt. No. 1682]. Document filed by Mayor and City Council of Baltimore, City of New Britain Firefighters' and Police Benefit Fund. (Attachments: # 1 Exhibit A)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 12/29/2016)
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Legal Document (Payment Possibly Required) 112 Filed: 12/20/2016, Entered: None Unknown Document TypeCourt Filing
LETTER MOTION to Compel Tullett Prebon Americas Corp., Tullett Prebon Financial Services LLC, and Tullett Prebon Liberty Brokerage Inc. to Produce Documents addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated December 20, 2016. Document filed by Mayor and City Council of Baltimore, City of New Britain Firefighters' and Police Benefit Fund.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 12/20/2016)
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Legal Document (Payment Possibly Required) 111 Filed: 12/15/2016, Entered: None Unknown Document TypeCourt Filing
ORDER: We are in receipt of the renewed request of plaintiff SEIU Pension Plan Master Trust ("SEIU") to create a separate class for direct purchasers of LIBOR-linked bonds issued by the panel bank defendants and to appoint SEIU as the class representative. ECF No. 1634. We deny this renewed request for the reasons that we denied SEIU's original request of the same, ECF No. 1442.SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 12/15/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ama) (Entered: 12/15/2016)
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Legal Document (Payment Possibly Required) 110 Filed: 12/6/2016, Entered: None Unknown Document TypeCourt Filing
MEMO ENDORSEMENT on re: (233 in 1:13-cv-05187-NRB, 243 in 1:13-cv-00597-NRB, 241 in 1:13-cv-00627-NRB, 227 in 1:13-cv-05221-NRB, 163 in 1:13-cv-07720-NRB, 149 in 1:13-cv-08799-NRB, 147 in 1:13-cv-00398-NRB, 63 in 1:15-cv-01334-NRB, 124 in 1:11-cv-05929-NRB, 142 in 1:13-cv-00346-NRB, 126 in 1:12-cv-07461-NRB, 153 in 1:11-cv-05641-NRB, 225 in 1:13-cv-00598-NRB, 144 in 1:14-cv-04189-NRB, 141 in 1:13-cv-02343-NRB, 109 in 1:12-cv-04205-NRB, 55 in 1:16-cv-00592-NRB, 206 in 1:13-cv-07394-NRB, 206 in 1:13-cv-08644-NRB, 241 in 1:13-cv-00626-NRB, 198 in 1:13-cv-01016-NRB, 178 in 1:12-cv-01025-NRB, 128 in 1:12-cv-06693-NRB, 150 in 1:11-cv-05638-NRB, 204 in 1:13-cv-06014-NRB, 144 in 1:13-cv-00407-NRB, 203 in 1:13-cv-06013-NRB, 135 in 1:12-cv-06056-NRB, 125 in 1:11-cv-03128-NRB, 264 in 1:13-cv-02297-NRB, 139 in 1:13-cv-03010-NRB, 223 in 1:12-cv-05723-NRB, 201 in 1:14-cv-01757-NRB, 171 in 1:13-cv-06020-NRB, 119 in 1:13-cv-01456-NRB, 157 in 1:13-cv-01198-NRB, 59 in 1:15-cv-07975-NRB, 69 in 1:15-cv-02973-NRB, 443 in 1:11-cv-02613-NRB, 126 in 1:11-cv-02883-NRB, 115 in 1:11-cv-05930-NRB, 58 in 1:15-cv-08557-NRB, 142 in 1:11-cv-05640-NRB, 53 in 1:16-cv-00590-NRB, 236 in 1:13-cv-05616-NRB, 240 in 1:11-cv-06411-NRB, 105 in 1:11-cv-07715-NRB, 245 in 1:13-cv-03952-NRB, 119 in 1:11-cv-05927-NRB, 235 in 1:11-cv-06409-NRB, 246 in 1:13-cv-07005-NRB, 228 in 1:13-cv-05569-NRB, 129 in 1:11-cv-03249-NRB, 1664 in 1:11-md-02262-NRB, 245 in 1:11-cv-06412-NRB, 156 in 1:13-cv-01135-NRB, 242 in 1:13-cv-00667-NRB, 129 in 1:11-cv-05931-NRB, 242 in 1:13-cv-00625-NRB, 90 in 1:14-cv-07720-NRB, 136 in 1:13-cv-05511-NRB, 61 in 1:15-cv-04810-NRB, 126 in 1:11-cv-05928-NRB, 104 in 1:11-cv-07676-NRB, 147 in 1:12-cv-05822-NRB, 235 in 1:13-cv-05186-NRB, 195 in 1:14-cv-03094-NRB) Notice of Withdrawal of Appearance filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. ENDORSEMENT: So Ordered. (Attorney Mary Kathryn Sammons terminated.) (Signed by Judge Naomi Reice Buchwald on 12/6/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al.(cla) (Entered: 12/06/2016)
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Legal Document (Payment Possibly Required) 109 Filed: 12/5/2016, Entered: None Unknown Document Type
NOTICE of Withdrawal of Appearance. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Sammons, Mary) (Entered: 12/05/2016)
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Legal Document (Payment Possibly Required) 108 Filed: 11/10/2016, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated November 10, 2016 re: in response to the letter from counsel for SEIU dated November 2, 2016 (Dkt. 1634). Document filed by Mayor and City Council of Baltimore, City of New Britain Firefighters' and Police Benefit Fund.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 11/10/2016)
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Legal Document (Payment Possibly Required) 107 Filed: 11/10/2016, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Eric Jonathan Stock on behalf of UBS AG. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Stock, Eric) (Entered: 11/10/2016)
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Legal Document (Payment Possibly Required) 106 Filed: 11/7/2016, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated November 7, 2016 re: Personal Jurisdiction. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: # 1 Exhibit A)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 11/07/2016)
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Legal Document (Payment Possibly Required) 105 Filed: 10/25/2016, Entered: None Unknown Document TypeCourt Filing
LETTER MOTION to Seal Document addressed to Judge Naomi Reice Buchwald from William C. Carmody dated October 25, 2016. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: # 1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 10/25/2016)
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Legal Document (Payment Possibly Required) 104 Filed: 10/21/2016, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Naomi Reice Buchwald from William C. Carmody dated October 21, 2016 re: Additional Evidence to Support Over-the Counter Plaintiff's Supplemental Brief Opposing Defendant's Motion to Dismiss for Lack of Personal Jurisdiction (REDACTED). Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: # 1 Exhibit A (REDACTED), # 2 Exhibit A-1 (UNDER SEAL))Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 10/21/2016)
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Legal Document (Payment Possibly Required) 103 Filed: 10/21/2016, Entered: None Unknown Document TypeCourt Filing
LETTER MOTION to Seal Document on behalf of Over-the-Counter Plaintiffs addressed to Judge Naomi Reice Buchwald from William C. Carmody dated October 21, 2016. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: # 1 Text of Proposed Order)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 10/21/2016)
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Legal Document (Payment Possibly Required) 102 Filed: 10/21/2016, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated October 21, 2016 re: in response to defendants' October 18, 2016 letter regarding the class certification expert schedule [Dkt. 1596]. Document filed by Mayor and City Council of Baltimore, City of New Britain Firefighters' and Police Benefit Fund.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 10/21/2016)
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Legal Document (Payment Possibly Required) 101 Filed: 10/20/2016, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated October 20, 2016 re: on behalf of the Over-the-Counter and the Exchange-Based Plaintiffs in response to the defendants' letter dated October 7, 2016 [Dkt. 1582]. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 10/20/2016)
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Legal Document (Payment Possibly Required) 100 Filed: 10/19/2016, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Naomi Reice Buchwald from William C. Carmody dated October 19, 2016 re: Request for pre-motion discovery conference. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 10/19/2016)
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Legal Document (Payment Possibly Required) 99 Filed: 10/17/2016, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Geng Chen on behalf of City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Chen, Geng) (Entered: 10/17/2016)
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Legal Document (Payment Possibly Required) 98 Filed: 10/12/2016, Entered: None Unknown Document TypeCourt Filing
LETTER MOTION to Compel Defendants to complete production addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated 10/11/16. Document filed by City of New Britain, City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 10/12/2016)
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Legal Document (Payment Possibly Required) 97 Filed: 9/27/2016, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Naomi Reice Buchwald from William C. Carmody dated September 27, 2016 re: Supplemental Authority relevant to Opposition to Defendants' Motion to Dismiss. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: # 1 Exhibit A)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 09/27/2016)
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Legal Document (Payment Possibly Required) 96 Filed: 9/14/2016, Entered: None Unknown Document TypeCourt Filing
MEMO ENDORSEMENT on re: NOTICE OF WITHDRAWAL OF APPEARANCE (1558 in 1:11-md-02262-NRB) Notice (Other) filed by Portigon/WestLB AG. PLEASE TAKE NOTICE that Ethan E. Litwin is no longer with the firm of Hughes Hubbard & Reed LLP and is hereby withdrawn as counsel for Defendant Portigon AG (f/k/a WestLB AG) in the above-captioned matter. ENDORSEMENT: SO ORDERED., Attorney Ethan Edward Litwin terminated. (Signed by Judge Naomi Reice Buchwald on 9/14/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ama) (Entered: 09/15/2016)
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Legal Document (Payment Possibly Required) 95 Filed: 9/14/2016, Entered: None Unknown Document TypeCourt Filing
MEMO ENDORSEMENT on re: NOTICE OF WITHDRAWAL OF APPEARANCE (1558 in 1:11-md-02262-NRB) Notice (Other) filed by Portigon/WestLB AG. PLEASE TAKE NOTICE that Ethan E. Litwin is no longer with the firm of Hughes Hubbard & Reed LLP and is hereby withdrawn as counsel for Defendant Portigon AG (f/k/a WestLB AG) in the above-captioned matter. ENDORSEMENT: SO ORDERED., Attorney Ethan Edward Litwin terminated. (Signed by Judge Naomi Reice Buchwald on 9/14/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ama) (Entered: 09/15/2016)
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Legal Document (Payment Possibly Required) 94 Filed: 9/7/2016, Entered: None Unknown Document TypeCourt Filing
LETTER MOTION to Compel Tradition America LLC to Production of Documents addressed to Judge Naomi Reice Buchwald from William C. Carmody dated 9/7/2016. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 09/07/2016)
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Legal Document (Payment Possibly Required) 93 Filed: 8/25/2016, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated 08/25/2016 re: Response to Defendant Portigon AG (f/k/a WestLB AG) letter of August 22, 2016. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 08/25/2016)
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Legal Document (Payment Possibly Required) 92 Filed: 8/16/2016, Entered: None Unknown Document Type
NOTICE of Non-Party Subpoena. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: # 1 Supplement Subpoena to Produce Documents, Information, or Objects)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 08/16/2016)
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Legal Document (Payment Possibly Required) 91 Filed: 8/11/2016, Entered: None Unknown Document Type
Costs Taxed as to ( 1453 in 1:11-md-02262-NRB) USCA Mandate, USCA Case Number 13-3565(L) in the amount of $3,724.60. on 08/11/2016 in favor of Ellen Gelboim, et al., Plaintiffs - Appellants, against Bank of America Corporation, et al., Defendants Appellees. Filed In Associated Cases: 1:11-md-02262-NRB et al.(nd) (Entered: 08/12/2016)
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Legal Document (Payment Possibly Required) 90 Filed: 8/5/2016, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Opposition re: (1480 in 1:11-md-02262-NRB) JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction. . Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 08/05/2016)
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Legal Document (Payment Possibly Required) 89 Filed: 8/5/2016, Entered: None Unknown Document Type
DECLARATION of David E. Kovel and Michael D. Hausfeld in Opposition re: (1480 in 1:11-md-02262-NRB) JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction.. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 08/05/2016)
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Legal Document (Payment Possibly Required) 88 Filed: 8/5/2016, Entered: None Unknown Document TypeCourt Filing
LETTER MOTION to Seal Document (1508 in 1:11-md-02262-NRB) Memorandum of Law in Opposition to Motion, addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated 08/05/2016. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: # 1 Text of Proposed Order re Motion to Seal Dkt 1508)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 08/05/2016)
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Legal Document (Payment Possibly Required) 87 Filed: 8/5/2016, Entered: None Unknown Document Type
SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: (1480 in 1:11-md-02262-NRB) JOINT MOTION to Dismiss All Antitrust Claims Based on The Efficient Enforcer Doctrine and Lack of Personal Jurisdiction. (REDACTED). Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 08/05/2016)
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Legal Document (Payment Possibly Required) 86 Filed: 8/5/2016, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated 08/05/2016 re: Rule 2.E.1 of the Courts Individual Practices. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 08/05/2016)
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Legal Document (Payment Possibly Required) 85 Filed: 8/5/2016, Entered: None Unknown Document TypeCourt Filing
FIRST LETTER MOTION to Seal Document In Connection with OTC and Exchange Plaintiffs' Declaration in Support of the Oppositions to Certain Defendants' Motion to Dismiss on Personal Jurisdiction Grounds addressed to Judge Naomi Reice Buchwald from Michael D. Hausfeld dated August 5, 2016. Document filed by Mayor and City Council of Baltimore. (Attachments: # 1 Text of Proposed Order Sealing Confidential Material)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Hausfeld, Michael) (Entered: 08/05/2016)
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Legal Document (Payment Possibly Required) 84 Filed: 8/4/2016, Entered: None Unknown Document TypeCourt Filing
LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated 8/4/2016. Document filed by City of New Britain Firefighters' and Police Benefit Fund, Mayor and City Council of Baltimore. (Attachments: # 1 Exhibit A, # 2 Exhibit B)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 08/04/2016)
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Legal Document (Payment Possibly Required) 83 Filed: 7/5/2016, Entered: None Unknown Document TypeCourt Filing
ORDER denying (1473) Letter Motion for Leave to File Document in case 1:11-md-02262-NRB; granting in part (1473) Letter Motion for Leave to File Excess Pages in case 1:11-md-02262-NRB. Defendants' request for permission to brief three additional issues is denied. All the issues proposed are best address (if at all) after the decision on the questions directly raised by the Second Circuit's remand, which should clarify the scope of the antitrust claims. Further, we remind the parties that this Court is well-aware of the distinctions between persistent suppression and trader-based claims and the necessity to adequately plead every specific conspiracy alleged. Defendants also requested leave to file 80 pages of briefing with the anticipation that their proposed additional arguments would comprise 10 of those pages. Given our ruling on the additional arguments, defendants may file 70 pages of memoranda in support of their motion to dismiss. (Signed by Judge Naomi Reice Buchwald on 7/5/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al. (kko) (Entered: 07/05/2016)
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Legal Document (Payment Possibly Required) 82 Filed: 6/29/2016, Entered: None Unknown Document TypeCourt Filing
AMENDED ORDER REGARDING THE PRODUCTION OF DOCUMENTS SUBJECT TO FOREIGN DATA PRIVACY LAWS: NOW THEREFORE IT IS ORDERED: In resolution of this dispute, Objecting Defendants may not resist production of material produced to government regulators based upon Foreign Data Privacy Laws, except that Objecting Defendants shall be permitted to redact from any documents produced pursuant to this Order any personal confidential information not relevant to the claims in this case, including personal contact information (such as personal email addresses, home addresses, home telephone numbers, and mobile telephone numbers), statements of political opinion, information regarding a person's race, ethnicity, religious affiliation, or sexual orientation, and medical information. This Order is non-precedential and binding only on the Objecting Defendants in the context of the above-captioned actions. Nothing in this Order alters the rights, obligations, and terms provided in the Stipulation and Protective Order entered in this action on March 21, 2016 (ECF No. 134 7) or the rights or obligations of any current or dismissed defendants or non-parties not named in this Order. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 6/29/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ama) (Entered: 06/30/2016)
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Legal Document (Payment Possibly Required) 81 Filed: 6/21/2016, Entered: None Unknown Document TypeCourt Filing
ORDER. This Court will set a co-ordinated briefing schedule for these, and presumably other, motions after the issuance of the opinion resolving the defendants' forthcoming motions to dismiss. While we address these three letters in this Order, we expect other counsel to be guided accordingly. Denying (1458) LETTER MOTION for Leave to File Motion for Reconsideration addressing state law civil conspiracy issues addressed to Judge Naomi Reice Buchwald from James R. Martin and Jeremy A. Lieberman dated June 16, 2016. Document filed by Direct Action Plaintiffs, Directors Financial Group (individually), The Berkshire Bank (Individually and On Behalf of All Others Similarly Situated ) in case 1:11-md-02262-NRB. (Signed by Judge Naomi Reice Buchwald on 6/21/2016). Filed In Associated Cases: 1:11-md-02262-NRB et al. Entry in member cases, as per Chambers. (rjm) (Entered: 06/21/2016)
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Legal Document (Payment Possibly Required) 80 Filed: 6/17/2016, Entered: None Unknown Document TypeCourt Filing
SUPPLEMENTAL LETTER addressed to Judge Naomi Reice Buchwald from William Carmody dated 06/17/16 re: Requesting Pre-Motion Conference. Document filed by Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 06/17/2016)
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Legal Document (Payment Possibly Required) 79 Filed: 6/15/2016, Entered: None Unknown Document Type
MANDATE of USCA (Certified Copy) as to (106 in 1:13-cv-01016-NRB, 38 in 1:14-cv-07720-NRB, 164 in 1:13-cv-00625-NRB, 156 in 1:13-cv-05186-NRB, 76 in 1:11-cv-05929-NRB, 71 in 1:11-cv-05927-NRB, 75 in 1:12-cv-07461-NRB, 130 in 1:13-cv-07394-NRB, 100 in 1:12-cv-01025-NRB, 126 in 1:13-cv-06014-NRB, 159 in 1:13-cv-05616-NRB, 156 in 1:13-cv-05187-NRB, 77 in 1:11-cv-05928-NRB, 105 in 1:13-cv-01135-NRB, 116 in 1:14-cv-03094-NRB, 99 in 1:13-cv-01198-NRB, 149 in 1:13-cv-05221-NRB, 78 in 1:11-cv-03249-NRB, 165 in 1:13-cv-00597-NRB, 104 in 1:11-cv-05641-NRB, 97 in 1:12-cv-05822-NRB, 80 in 1:11-cv-05931-NRB, 164 in 1:13-cv-00667-NRB, 163 in 1:13-cv-00626-NRB, 77 in 1:12-cv-06693-NRB, 55 in 1:11-cv-07676-NRB, 140 in 1:13-cv-00598-NRB, 171 in 1:11-cv-06411-NRB, 126 in 1:13-cv-06013-NRB, 56 in 1:11-cv-07715-NRB, 195 in 1:13-cv-02297-NRB, 73 in 1:13-cv-08799-NRB, 166 in 1:11-cv-06409-NRB, 91 in 1:13-cv-00346-NRB, 116 in 1:14-cv-01757-NRB, 77 in 1:11-cv-03128-NRB, 66 in 1:11-cv-05930-NRB, 157 in 1:13-cv-03952-NRB, 90 in 1:11-cv-05640-NRB, 176 in 1:11-cv-06412-NRB, 81 in 1:13-cv-05511-NRB, 149 in 1:13-cv-05569-NRB, 129 in 1:13-cv-08644-NRB, 72 in 1:14-cv-04189-NRB, 98 in 1:11-cv-05638-NRB, 100 in 1:13-cv-06020-NRB, 86 in 1:12-cv-06056-NRB, 163 in 1:13-cv-00627-NRB, 83 in 1:13-cv-03010-NRB, 78 in 1:11-cv-02883-NRB, 90 in 1:13-cv-02343-NRB, 61 in 1:12-cv-04205-NRB, 125 in 1:12-cv-05723-NRB, 96 in 1:13-cv-00407-NRB, 97 in 1:13-cv-00398-NRB, 98 in 1:13-cv-07720-NRB, 1043 in 1:11-md-02262-NRB, 71 in 1:13-cv-01456-NRB, 175 in 1:13-cv-07005-NRB, 271 in 1:11-cv-02613-NRB) Amended Notice of Appeal,,,,,,, filed by Mayor and City Council of Baltimore, (160 in 1:13-cv-00625-NRB, 96 in 1:11-cv-05638-NRB, 145 in 1:13-cv-05569-NRB, 73 in 1:12-cv-06693-NRB, 88 in 1:13-cv-02343-NRB, 94 in 1:13-cv-00398-NRB, 94 in 1:12-cv-05822-NRB, 81 in 1:13-cv-03010-NRB, 59 in 1:12-cv-04205-NRB, 1015 in 1:11-md-02262-NRB, 159 in 1:13-cv-00626-NRB, 152 in 1:13-cv-05187-NRB, 113 in 1:14-cv-01757-NRB, 121 in 1:13-cv-06013-NRB, 101 in 1:13-cv-01135-NRB, 36 in 1:14-cv-07720-NRB, 122 in 1:13-cv-00598-NRB, 69 in 1:13-cv-01456-NRB, 53 in 1:11-cv-07676-NRB, 102 in 1:11-cv-05641-NRB, 94 in 1:13-cv-00407-NRB, 104 in 1:13-cv-01016-NRB, 64 in 1:11-cv-05930-NRB, 74 in 1:11-cv-05929-NRB, 193 in 1:13-cv-02297-NRB, 96 in 1:13-cv-07720-NRB, 127 in 1:13-cv-07394-NRB, 164 in 1:11-cv-06409-NRB, 152 in 1:13-cv-05186-NRB, 69 in 1:11-cv-05927-NRB, 251 in 1:11-cv-02613-NRB, 97 in 1:13-cv-01198-NRB, 145 in 1:13-cv-05221-NRB, 154 in 1:13-cv-03952-NRB, 173 in 1:13-cv-07005-NRB, 155 in 1:13-cv-05616-NRB, 169 in 1:11-cv-06411-NRB, 125 in 1:13-cv-08644-NRB, 69 in 1:14-cv-04189-NRB, 88 in 1:13-cv-00346-NRB, 161 in 1:13-cv-00597-NRB, 79 in 1:13-cv-05511-NRB, 72 in 1:11-cv-03128-NRB, 84 in 1:12-cv-06056-NRB, 98 in 1:12-cv-01025-NRB, 88 in 1:11-cv-05640-NRB, 70 in 1:13-cv-08799-NRB, 123 in 1:12-cv-05723-NRB, 73 in 1:11-cv-02883-NRB, 113 in 1:14-cv-03094-NRB, 51 in 1:11-cv-07715-NRB, 121 in 1:13-cv-06014-NRB, 78 in 1:11-cv-05931-NRB, 73 in 1:12-cv-07461-NRB, 174 in 1:11-cv-06412-NRB, 75 in 1:11-cv-05928-NRB, 159 in 1:13-cv-00627-NRB, 73 in 1:11-cv-03249-NRB, 97 in 1:13-cv-06020-NRB, 160 in 1:13-cv-00667-NRB) Notice of Appeal, filed by Mayor and City Council of Baltimore, (153 in 1:13-cv-05221-NRB, 153 in 1:13-cv-05569-NRB, 160 in 1:13-cv-05186-NRB, 168 in 1:13-cv-00625-NRB, 168 in 1:13-cv-00667-NRB, 133 in 1:13-cv-08644-NRB, 1098 in 1:11-md-02262-NRB, 167 in 1:13-cv-00627-NRB, 169 in 1:13-cv-00597-NRB, 167 in 1:13-cv-00626-NRB, 160 in 1:13-cv-05187-NRB) Notice of Interlocutory Appeal,,, filed by County of Sacramento, County of San Diego, San Diego Association of Governments, The Richmond Joint Powers Financing Authority, City of Riverside, County of Sonoma, Successor Agency to the Richmond Community Redevelopment Agency, City of Richmond, County of San Mateo, San Mateo Couty Joint Powers Financing Authority, The Riverside Public Financing Authority, County of Mendocino, David E. Sundstrom, East Bay Municipal Utility District, The Regents of the University of California, (1105 in 1:11-md-02262-NRB, 120 in 1:14-cv-03094-NRB) Notice of Interlocutory Appeal, filed by Bay Area Toll Authority, (1099 in 1:11-md-02262-NRB, 163 in 1:13-cv-05616-NRB) Notice of Interlocutory Appeal, filed by City of Houston, City Of Houston, (274 in 1:11-cv-02613-NRB, 1063 in 1:11-md-02262-NRB) Amended Notice of Appeal,, filed by 303030 Trading LLC, 303030 Trading, LLC, FTC Futures Fund PCC Ltd, Atlantic Trading USA, LLC, Gary Francis, Metzler Investment GmbH, Nathaniel Haynes, FTC Futures Fund SICAV, (1054 in 1:11-md-02262-NRB, 133 in 1:13-cv-07394-NRB) Notice of Interlocutory Appeal, filed by National Credit Union Administration Board, (409 in 1:11-md-02262-NRB) Notice of Appeal,,,,,,,,,,,,,,,,,,,,,,,,,, filed by Linda Zacher, Ellen Gelboim, (74 in 1:12-cv-06693-NRB, 1017 in 1:11-md-02262-NRB) Notice of Appeal,,,,,,, filed by Maidencreek Ventures II LP, Jill Court Associates II, LLC, Greenwich Commons II, LLC, Lawrence W. Gardner, Raritan Commons, LLC, Courtyard at Amwell II, LLC, (76 in 1:14-cv-04189-NRB, 1064 in 1:11-md-02262-NRB) Notice of Interlocutory Appeal, filed by PRUDENTIAL CORE TAXABLE MONEY MARKET FUND, PRUDENTIAL INVESTMENT PORTFOLIOS 2, (75 in 1:13-cv-08799-NRB, 1057 in 1:11-md-02262-NRB) Notice of Interlocutory Appeal, filed by Darby Financial Products, Capital Ventures International, (73 in 1:11-cv-03128-NRB, 74 in 1:11-cv-02883-NRB) Notice of Appeal, filed by Mayor and City Council of Baltimore, (1056 in 1:11-md-02262-NRB, 102 in 1:13-cv-06020-NRB) Notice of Interlocutory Appeal, filed by The Pennsylvania Intergovernmental Cooperation Authority, THE PENNSYLVANIA INTERGOVERNMENTAL COOPERATION AUTHORITY, THE CITY OF PHILADELPHIA, The City of Philadelphia, (1014 in 1:11-md-02262-NRB, 93 in 1:12-cv-05822-NRB) Notice of Appeal,,,,,,, filed by 33-35 Green Pond Road Associates, LLC, (53 in 1:11-cv-07715-NRB, 75 in 1:11-cv-02883-NRB, 75 in 1:11-cv-03249-NRB, 74 in 1:11-cv-03128-NRB) Notice of Appeal, filed by Mayor and City Council of Baltimore, (1044 in 1:11-md-02262-NRB, 92 in 1:13-cv-00346-NRB) Notice of Interlocutory Appeal, filed by Guaranty Bank & Trust Company, (77 in 1:11-cv-03249-NRB, 76 in 1:11-cv-03128-NRB, 77 in 1:11-cv-02883-NRB, 55 in 1:11-cv-07715-NRB) Amended Notice of Appeal, filed by Mayor and City Council of Baltimore, (1058 in 1:11-md-02262-NRB) Notice of Interlocutory Appeal, filed by Salix Capital US Inc., (252 in 1:11-cv-02613-NRB, 1016 in 1:11-md-02262-NRB) Notice of Appeal,, filed by 303030 Trading LLC, 303030 Trading, LLC, FTC Futures Fund PCC Ltd, Atlantic Trading USA, LLC, Gary Francis, Metzler Investment GmbH, Nathaniel Haynes, FTC Futures Fund SICAV, (1119 in 1:11-md-02262-NRB) Notice of Interlocutory Appeal,, filed by 303 Proprietary Trading LLC, Randall Williams, John Henderson, Nicholas Pesa, michael cahill, Scott Federighi, David Klusendorf, Brian Haggerty, Norman Byster, David Vecchione, Robert Furlong, Joseph Amabile, Christopher Lang, Richard Deogracias, Ronald Krug, Philip Olson, John Monckton, Michael Cahill, David Gough, norman byster, Louie Amabile, Marc Federighi, Eduardo Restani, Margery Teller, Brett Pankau. USCA Case Number 13-3565(L), 133636(Con), 15441(Con), 15454(Con), 15477(Con), 15494(Con), 15498(Con), 15-524(Con), 15537(Con), 15547(Con), 15-551(Con), 15611(Con), 15620(Con), 15-627(Con), 15733(Con), 15744(Con), 15-778(Con), 15825(Con), 15830 (Con).. The appeals in the above captioned case from a judgment of the United States District Court for the Southern District of New York were argued on the district court's record and the parties' briefs. Upon consideration thereof, IT IS HEREBY ORDERED, ADJUDGED and DECREED that the district court's judgment is VACATED and the case is REMANDED for further proceedings consistent with this Court's opinion. . Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 06/15/2016. Filed In Associated Cases: 1:11-md-02262-NRB et al.(nd) (Entered: 06/16/2016)
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Legal Document (Payment Possibly Required) 78 Filed: 6/15/2016, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Naomi Reice Buchwald from William Carmody dated 06/15/2016 re: Subpoenas. Document filed by Mayor and City Council of Baltimore. (Attachments: # 1 Exhibit A)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 06/15/2016)
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Legal Document (Payment Possibly Required) 77 Filed: 6/10/2016, Entered: None Unknown Document Type
NOTICE OF CHANGE OF ADDRESS by Seth D. Ard on behalf of Mayor and City Council of Baltimore. New Address: Susman Godfrey L.L.P., 1301 Avenue of the Americas, 32nd Floor, New York, NY, 10019, (212) 336-8330. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Ard, Seth) (Entered: 06/10/2016)
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Legal Document (Payment Possibly Required) 76 Filed: 6/9/2016, Entered: None Unknown Document Type
NOTICE OF CHANGE OF ADDRESS by William Christopher Carmody on behalf of Mayor and City Council of Baltimore, City of New Britain Firefighters' and Police Benefit Fund. New Address: Susman Godfrey L.L.P., 1301 Avenue of the Americas, 32nd Fl., New York, NY, USA 10019, 212-336-8330. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 06/09/2016)
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Legal Document (Payment Possibly Required) 75 Filed: 6/8/2016, Entered: None Unknown Document Type
NOTICE OF CHANGE OF ADDRESS by Arun Srinivas Subramanian on behalf of City of New Britain Firefighters' and Police Benefit Fund. New Address: Susman Godfrey L.L.P., 1301 Avenue of the Americas, 32nd Fl., New York, NY, USA 10019, 212-336-8330. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Subramanian, Arun) (Entered: 06/08/2016)
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Legal Document (Payment Possibly Required) 74 Filed: 6/3/2016, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Patrick Joseph Coughlin on behalf of SEIU Pension Plans Master Trust. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Coughlin, Patrick) (Entered: 06/03/2016)
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Legal Document (Payment Possibly Required) 73 Filed: 6/1/2016, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Naomi Reice Buchwald from William Carmody dated 06-01-2016 re: Response to Defendants' May 27th letter regarding our request that the Court vacate deadlines in non-stayed class actions and set status conference. Document filed by Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 06/01/2016)
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Legal Document (Payment Possibly Required) 72 Filed: 5/27/2016, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Naomi Reice Buchwald from Arthur J. Burke dated May 27, 2016 re: In response to Plaintiffs' May 25, 2016 letter requesting that the Court vacate the existing deadlines in the scheduling order for the non-stayed class cases. Document filed by Bank Of America Corporation, Bank of America, N.A., Citibank NA, Citigroup Inc., Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., Credit Suisse Group AG, Deutsche Bank AG, J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A., Royal Bank of Canada, UBS AG.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Burke, Arthur) (Entered: 05/27/2016)
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Legal Document (Payment Possibly Required) 71 Filed: 5/26/2016, Entered: None Unknown Document TypeCourt Filing
LETTER MOTION for Conference Requesting Status Conference to Address Second Circuit Decision addressed to Judge Naomi Reice Buchwald from William Carmody dated 5/26/16. Document filed by Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 05/26/2016)
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Legal Document (Payment Possibly Required) 70 Filed: 5/25/2016, Entered: None Unknown Document TypeCourt Filing
LETTER MOTION for Conference Letter Motion Requesting Status Conference to Address Second Circuit Decision addressed to Judge Naomi Reice Buchwald from William Carmody dated 05/25/16. Document filed by Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 05/25/2016)
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Legal Document (Payment Possibly Required) 69 Filed: 5/25/2016, Entered: None Unknown Document TypeCourt Filing
FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER MOTION for Conference Requesting Status Conference to Address Second Circuit Decision addressed to Judge Naomi Reice Buchwald from William Carmody dated 05/25/2016. Document filed by Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) Modified on 5/25/2016 (db). (Entered: 05/25/2016)
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Legal Document (Payment Possibly Required) 68 Filed: 5/23/2016, Entered: None Unknown Document Type
OPINION of USCA as to (106 in 1:13-cv-01016-NRB, 38 in 1:14-cv-07720-NRB, 164 in 1:13-cv-00625-NRB, 156 in 1:13-cv-05186-NRB, 76 in 1:11-cv-05929-NRB, 71 in 1:11-cv-05927-NRB, 75 in 1:12-cv-07461-NRB, 130 in 1:13-cv-07394-NRB, 100 in 1:12-cv-01025-NRB, 126 in 1:13-cv-06014-NRB, 159 in 1:13-cv-05616-NRB, 156 in 1:13-cv-05187-NRB, 77 in 1:11-cv-05928-NRB, 105 in 1:13-cv-01135-NRB, 116 in 1:14-cv-03094-NRB, 99 in 1:13-cv-01198-NRB, 149 in 1:13-cv-05221-NRB, 78 in 1:11-cv-03249-NRB, 165 in 1:13-cv-00597-NRB, 104 in 1:11-cv-05641-NRB, 97 in 1:12-cv-05822-NRB, 80 in 1:11-cv-05931-NRB, 164 in 1:13-cv-00667-NRB, 163 in 1:13-cv-00626-NRB, 77 in 1:12-cv-06693-NRB, 55 in 1:11-cv-07676-NRB, 140 in 1:13-cv-00598-NRB, 171 in 1:11-cv-06411-NRB, 126 in 1:13-cv-06013-NRB, 56 in 1:11-cv-07715-NRB, 195 in 1:13-cv-02297-NRB, 73 in 1:13-cv-08799-NRB, 166 in 1:11-cv-06409-NRB, 91 in 1:13-cv-00346-NRB, 116 in 1:14-cv-01757-NRB, 77 in 1:11-cv-03128-NRB, 66 in 1:11-cv-05930-NRB, 157 in 1:13-cv-03952-NRB, 90 in 1:11-cv-05640-NRB, 176 in 1:11-cv-06412-NRB, 81 in 1:13-cv-05511-NRB, 149 in 1:13-cv-05569-NRB, 129 in 1:13-cv-08644-NRB, 72 in 1:14-cv-04189-NRB, 98 in 1:11-cv-05638-NRB, 100 in 1:13-cv-06020-NRB, 86 in 1:12-cv-06056-NRB, 163 in 1:13-cv-00627-NRB, 83 in 1:13-cv-03010-NRB, 78 in 1:11-cv-02883-NRB, 90 in 1:13-cv-02343-NRB, 61 in 1:12-cv-04205-NRB, 125 in 1:12-cv-05723-NRB, 96 in 1:13-cv-00407-NRB, 97 in 1:13-cv-00398-NRB, 98 in 1:13-cv-07720-NRB, 1043 in 1:11-md-02262-NRB, 71 in 1:13-cv-01456-NRB, 175 in 1:13-cv-07005-NRB, 271 in 1:11-cv-02613-NRB) Amended Notice of Appeal,,,,,,, filed by Mayor and City Council of Baltimore, (160 in 1:13-cv-00625-NRB, 96 in 1:11-cv-05638-NRB, 145 in 1:13-cv-05569-NRB, 73 in 1:12-cv-06693-NRB, 88 in 1:13-cv-02343-NRB, 94 in 1:13-cv-00398-NRB, 94 in 1:12-cv-05822-NRB, 81 in 1:13-cv-03010-NRB, 59 in 1:12-cv-04205-NRB, 1015 in 1:11-md-02262-NRB, 159 in 1:13-cv-00626-NRB, 152 in 1:13-cv-05187-NRB, 113 in 1:14-cv-01757-NRB, 121 in 1:13-cv-06013-NRB, 101 in 1:13-cv-01135-NRB, 36 in 1:14-cv-07720-NRB, 122 in 1:13-cv-00598-NRB, 69 in 1:13-cv-01456-NRB, 53 in 1:11-cv-07676-NRB, 102 in 1:11-cv-05641-NRB, 94 in 1:13-cv-00407-NRB, 104 in 1:13-cv-01016-NRB, 64 in 1:11-cv-05930-NRB, 74 in 1:11-cv-05929-NRB, 193 in 1:13-cv-02297-NRB, 96 in 1:13-cv-07720-NRB, 127 in 1:13-cv-07394-NRB, 164 in 1:11-cv-06409-NRB, 152 in 1:13-cv-05186-NRB, 69 in 1:11-cv-05927-NRB, 251 in 1:11-cv-02613-NRB, 97 in 1:13-cv-01198-NRB, 145 in 1:13-cv-05221-NRB, 154 in 1:13-cv-03952-NRB, 173 in 1:13-cv-07005-NRB, 155 in 1:13-cv-05616-NRB, 169 in 1:11-cv-06411-NRB, 125 in 1:13-cv-08644-NRB, 69 in 1:14-cv-04189-NRB, 88 in 1:13-cv-00346-NRB, 161 in 1:13-cv-00597-NRB, 79 in 1:13-cv-05511-NRB, 72 in 1:11-cv-03128-NRB, 84 in 1:12-cv-06056-NRB, 98 in 1:12-cv-01025-NRB, 88 in 1:11-cv-05640-NRB, 70 in 1:13-cv-08799-NRB, 123 in 1:12-cv-05723-NRB, 73 in 1:11-cv-02883-NRB, 113 in 1:14-cv-03094-NRB, 51 in 1:11-cv-07715-NRB, 121 in 1:13-cv-06014-NRB, 78 in 1:11-cv-05931-NRB, 73 in 1:12-cv-07461-NRB, 174 in 1:11-cv-06412-NRB, 75 in 1:11-cv-05928-NRB, 159 in 1:13-cv-00627-NRB, 73 in 1:11-cv-03249-NRB, 97 in 1:13-cv-06020-NRB, 160 in 1:13-cv-00667-NRB) Notice of Appeal, filed by Mayor and City Council of Baltimore, (153 in 1:13-cv-05221-NRB, 153 in 1:13-cv-05569-NRB, 160 in 1:13-cv-05186-NRB, 168 in 1:13-cv-00625-NRB, 168 in 1:13-cv-00667-NRB, 133 in 1:13-cv-08644-NRB, 1098 in 1:11-md-02262-NRB, 167 in 1:13-cv-00627-NRB, 169 in 1:13-cv-00597-NRB, 167 in 1:13-cv-00626-NRB, 160 in 1:13-cv-05187-NRB) Notice of Interlocutory Appeal,,, filed by County of Sacramento, County of San Diego, San Diego Association of Governments, The Richmond Joint Powers Financing Authority, City of Riverside, County of Sonoma, Successor Agency to the Richmond Community Redevelopment Agency, City of Richmond, County of San Mateo, San Mateo Couty Joint Powers Financing Authority, The Riverside Public Financing Authority, County of Mendocino, David E. Sundstrom, East Bay Municipal Utility District, The Regents of the University of California, (1105 in 1:11-md-02262-NRB, 120 in 1:14-cv-03094-NRB) Notice of Interlocutory Appeal, filed by Bay Area Toll Authority, (1099 in 1:11-md-02262-NRB, 163 in 1:13-cv-05616-NRB) Notice of Interlocutory Appeal, filed by City of Houston, City Of Houston, (1011 in 1:11-md-02262-NRB, 172 in 1:11-cv-06412-NRB, 161 in 1:11-cv-06409-NRB, 167 in 1:11-cv-06411-NRB) Notice of Appeal,,,,,,, filed by Schwab Advisor Cash Reserves, Schwab Short-Term Bond Market Fund, Schwab Value Advantage Money Fund, Schwab Retirement Advantage Money Fund, Schwab Total Bond Market Fund, Charles Schwab Corporation, Schwab Yieldplus Fund, Schwab Cash Reserves, Schwab Investor Money Fund, Charles Schwab & Co., Inc., Schwab U.S. Dollar Liquid Assets Fund, Schwab Yieldplus Fund Liquidation Trust, Charles Schwab Bank, N.A., Schwab Money Market Fund, (274 in 1:11-cv-02613-NRB, 1063 in 1:11-md-02262-NRB) Amended Notice of Appeal,, filed by 303030 Trading LLC, 303030 Trading, LLC, FTC Futures Fund PCC Ltd, Atlantic Trading USA, LLC, Gary Francis, Metzler Investment GmbH, Nathaniel Haynes, FTC Futures Fund SICAV, (1054 in 1:11-md-02262-NRB, 133 in 1:13-cv-07394-NRB) Notice of Interlocutory Appeal, filed by National Credit Union Administration Board, (409 in 1:11-md-02262-NRB, 50 in 1:12-cv-01025-NRB) Notice of Appeal,,,,,,,,,,,,,,,,,,,,,,,,,, filed by Linda Zacher, Ellen Gelboim, (74 in 1:12-cv-06693-NRB, 1017 in 1:11-md-02262-NRB) Notice of Appeal,,,,,,, filed by Maidencreek Ventures II LP, Jill Court Associates II, LLC, Greenwich Commons II, LLC, Lawrence W. Gardner, Raritan Commons, LLC, Courtyard at Amwell II, LLC, (76 in 1:14-cv-04189-NRB, 1064 in 1:11-md-02262-NRB) Notice of Interlocutory Appeal, filed by PRUDENTIAL CORE TAXABLE MONEY MARKET FUND, PRUDENTIAL INVESTMENT PORTFOLIOS 2, (75 in 1:13-cv-08799-NRB, 1057 in 1:11-md-02262-NRB) Notice of Interlocutory Appeal, filed by Darby Financial Products, Capital Ventures International, (1056 in 1:11-md-02262-NRB, 102 in 1:13-cv-06020-NRB) Notice of Interlocutory Appeal, filed by The Pennsylvania Intergovernmental Cooperation Authority, THE PENNSYLVANIA INTERGOVERNMENTAL COOPERATION AUTHORITY, THE CITY OF PHILADELPHIA, The City of Philadelphia, (1014 in 1:11-md-02262-NRB, 93 in 1:12-cv-05822-NRB) Notice of Appeal,,,,,,, filed by 33-35 Green Pond Road Associates, LLC, (1044 in 1:11-md-02262-NRB, 92 in 1:13-cv-00346-NRB) Notice of Interlocutory Appeal, filed by Guaranty Bank & Trust Company, (1058 in 1:11-md-02262-NRB) Notice of Interlocutory Appeal, filed by Salix Capital US Inc., (429 in 1:11-md-02262-NRB) Notice of Appeal,,,, filed by Schwab Advisor Cash Reserves, Schwab Short-Term Bond Market Fund, Schwab Value Advantage Money Fund, The Charles Schwab Corporation, Schwab Retirement Advantage Money Fund, Schwab Total Bond Market Fund, Schwab Yieldplus Fund, Schwab Cash Reserves, Schwab Investor Money Fund, Charles Schwab & Co., Inc., Schwab U.S. Dollar Liquid Assets Fund, Schwab Yieldplus Fund Liquidation Trust, Charles Schwab Bank, N.A., Schwab Money Market Fund, (252 in 1:11-cv-02613-NRB, 1016 in 1:11-md-02262-NRB) Notice of Appeal,, filed by 303030 Trading LLC, 303030 Trading, LLC, FTC Futures Fund PCC Ltd, Atlantic Trading USA, LLC, Gary Francis, Metzler Investment GmbH, Nathaniel Haynes, FTC Futures Fund SICAV, (1119 in 1:11-md-02262-NRB) Notice of Interlocutory Appeal,, filed by 303 Proprietary Trading LLC, Randall Williams, John Henderson, Nicholas Pesa, michael cahill, Scott Federighi, David Klusendorf, Brian Haggerty, Norman Byster, David Vecchione, Robert Furlong, Joseph Amabile, Christopher Lang, Richard Deogracias, Ronald Krug, Philip Olson, John Monckton, Michael Cahill, David Gough, norman byster, Louie Amabile, Marc Federighi, Eduardo Restani, Margery Teller, Brett Pankau USCA Case Number 13-3565(L). Plaintiffsappellants, comprising individuals and entities that held diverse financial instruments, allege that the defendant banks colluded to depress a benchmark incorporated into those instruments, thereby decreasing the instruments' financial returns in violation of Section One of the Sherman Act. The United States District Court for the Southern District of New York (Buchwald, J.) dismissed the lawsuit for failure to allege antitrust injury. We vacate the judgment and remand for further proceedings consistent with this opinion. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 05/23/2016. Filed In Associated Cases: 1:11-md-02262-NRB et al.(nd) (Entered: 05/25/2016)
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Legal Document (Payment Possibly Required) 67 Filed: 5/12/2016, Entered: None Unknown Document TypeCourt Filing
AMENDED STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Naomi Reice Buchwald on 5/11/2016) Filed In Associated Cases: 1:11-md-02262-NRB et al., Pursuant to instructions from Chambers. (mro) Modified on 5/13/2016 (mro). (Entered: 05/12/2016)
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Legal Document (Payment Possibly Required) 66 Filed: 3/21/2016, Entered: None Unknown Document TypeCourt Filing
STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 3/21/2016) ***As per chambers, Filed In All Member and Related Cases: 1:11-md-02262-NRB et al.(tn) (Entered: 03/22/2016)
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Legal Document (Payment Possibly Required) 65 Filed: 10/26/2015, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Alexander Nuo Li on behalf of J.P. Morgan Chase & Co., J.P. Morgan Chase Bank, N.A.. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Li, Alexander) (Entered: 10/26/2015)
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Legal Document (Payment Possibly Required) 64 Filed: 9/28/2015, Entered: None Unknown Document TypeCourt Filing
ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL in case 1:11-cv-02613-NRB; granting (1203) Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that the motion of James D. Miller to withdraw as counsel for the RBS Defendants is granted and Mr. Miller's appearance is withdrawn as of the date of this Order. Attorney James Drew Miller terminated in case 1:11-md-02262-NRB. (Signed by Judge Naomi Reice Buchwald on 9/21/2015) Filed In Associated Cases: 1:11-md-02262-NRB et al. (spo) (Entered: 09/28/2015)
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Legal Document (Payment Possibly Required) 63 Filed: 3/16/2015, Entered: None Unknown Document TypeCourt Filing
LETTER addressed to Judge Naomi Reice Buchwald from William Christopher Carmody dated March 16, 2015 re: OTC plaintiffs' request to add Jennie Stuart Medical Center, Inc. as a named plaintiff. Document filed by Mayor and City Council of Baltimore.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 03/16/2015)
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Legal Document (Payment Possibly Required) 62 Filed: 2/5/2015, Entered: None Unknown Document TypeCourt Filing
Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Oral Argument held on 2/5/2015 re: (752 in 1:11-md-02262-NRB) MOTION to Dismiss . NOTICE OF DEFENDANT SOCIETE GENERALE'S MOTION TO DISMISS THE INDIVIDUAL PLAINTIFFS' AMENDED COMPLAINTS. filed by Societe Generale, (743 in 1:11-md-02262-NRB) MOTION to Dismiss Direct Action Claims. filed by The Bank of Tokyo-Mitsubishi UFJ, Ltd., Barclays Capital Inc., Bank of America Corporation, Deutsche Bank Securities Inc., Citibank, N.A., Credit Suisse Securities (USA) LLC, Credit Suisse International, Credit Suisse AG, HSBC Bank PLC, HSBC Holdings PLC, Portigon AG, HBOS plc, J.P. Morgan Securities, LLC, JPMorgan Chase Bank N.A., The Royal Bank of Scotland plc, HSBC Securities (USA) Inc., J.P. Morgan Bank Dublin PLC, HSBC Bank plc, RBS Citizens, N.A., BBA Enterprises, Ltd., Barclays PLC, Merrill Lynch & Co., UBS Securities LLC, Merrill Lynch Capital Services, Inc., The Hongkong and Shanghai Banking Corporation, Ltd., CITI SWAPCO INC., Credit Suisse Group AG, The Norinchukin Bank, WestDeutsche Immobilienbank AG, RBS Securities, Inc., J.P. Morgan Markets Ltd., RBC Capital Markets, LLC, Royal Bank of Canada, HSBC Bank USA, N.A., UBS AG, Merrill Lynch International Bank, Ltd., BBA Libor, Ltd., HBOS PLC, HSBC USA Inc., Chase Bank USA, N.A., HSBC Finance Corp., Citigroup Global Markets, Inc., Deutsche Bank AG, Barclays Bank plc, British Bankers Association, Lloyds Bank PLC (formerly known as Lloyds TSB Bank PLC), Citigroup Global Markets Limited, Citigroup Funding Inc., Credit Suisse (USA) Inc., Banc of America Securities LLC, Merrill Lynch, Pierce, Fenner & Smith, Inc., Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., The Royal Bank of Scotland Group plc, Lloyds Banking Group plc, JPMorgan Chase & Co., HSBC Holdings plc, Societe Generale, Bank of America, N.A., HBOS Plc, Citigroup, Inc., Lloyds Banking Group PLC, Citigroup Financial Products, Inc.. Associated Cases: 1:11-md-02262-NRB et al.(Harris, Karen) (Entered: 02/26/2015)
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Legal Document (Payment Possibly Required) 61 Filed: 2/20/2015, Entered: None Unknown Document Type
AMENDED NOTICE OF APPEAL re: (174 in 1:13-cv-07005-NRB, 99 in 1:12-cv-01025-NRB, 75 in 1:11-cv-03128-NRB, 153 in 1:13-cv-05187-NRB, 114 in 1:14-cv-03094-NRB, 156 in 1:13-cv-05616-NRB, 128 in 1:13-cv-07394-NRB, 76 in 1:11-cv-02883-NRB, 170 in 1:11-cv-06411-NRB, 54 in 1:11-cv-07676-NRB, 153 in 1:13-cv-05186-NRB, 105 in 1:13-cv-01016-NRB, 161 in 1:13-cv-00667-NRB, 114 in 1:14-cv-01757-NRB, 97 in 1:13-cv-07720-NRB, 1019 in 1:11-md-02262-NRB, 160 in 1:13-cv-00626-NRB, 89 in 1:11-cv-05640-NRB, 161 in 1:13-cv-00625-NRB, 75 in 1:12-cv-06693-NRB, 37 in 1:14-cv-07720-NRB, 76 in 1:11-cv-05928-NRB, 82 in 1:13-cv-03010-NRB, 60 in 1:12-cv-04205-NRB, 70 in 1:14-cv-04189-NRB, 95 in 1:13-cv-00398-NRB, 98 in 1:13-cv-06020-NRB, 89 in 1:13-cv-02343-NRB, 175 in 1:11-cv-06412-NRB, 75 in 1:11-cv-05929-NRB, 253 in 1:11-cv-02613-NRB, 70 in 1:13-cv-01456-NRB, 95 in 1:13-cv-00407-NRB, 80 in 1:13-cv-05511-NRB, 162 in 1:13-cv-00597-NRB, 123 in 1:13-cv-00598-NRB, 70 in 1:11-cv-05927-NRB, 165 in 1:11-cv-06409-NRB, 65 in 1:11-cv-05930-NRB, 54 in 1:11-cv-07715-NRB, 89 in 1:13-cv-00346-NRB, 126 in 1:13-cv-08644-NRB, 102 in 1:13-cv-01135-NRB, 122 in 1:13-cv-06013-NRB, 71 in 1:13-cv-08799-NRB, 194 in 1:13-cv-02297-NRB, 160 in 1:13-cv-00627-NRB, 97 in 1:11-cv-05638-NRB, 146 in 1:13-cv-05221-NRB, 95 in 1:12-cv-05822-NRB, 74 in 1:12-cv-07461-NRB, 85 in 1:12-cv-06056-NRB, 122 in 1:13-cv-06014-NRB, 79 in 1:11-cv-05931-NRB, 98 in 1:13-cv-01198-NRB, 76 in 1:11-cv-03249-NRB, 146 in 1:13-cv-05569-NRB, 155 in 1:13-cv-03952-NRB, 103 in 1:11-cv-05641-NRB, 124 in 1:12-cv-05723-NRB) Corrected Notice of Appeal,,,,,,, (1024 in 1:11-md-02262-NRB, 96 in 1:13-cv-00398-NRB, 90 in 1:13-cv-00346-NRB, 96 in 1:12-cv-05822-NRB, 254 in 1:11-cv-02613-NRB, 76 in 1:12-cv-06693-NRB, 104 in 1:13-cv-01135-NRB) Clerk's Judgment,,,,. Document filed by Mayor and City Council of Baltimore. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 02/20/2015)
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Legal Document (Payment Possibly Required) 60 Filed: 2/13/2015, Entered: None Unknown Document Type
CORRECTED NOTICE OF APPEAL re: (127 in 1:13-cv-07394-NRB, 164 in 1:11-cv-06409-NRB, 152 in 1:13-cv-05186-NRB, 160 in 1:13-cv-00625-NRB, 96 in 1:11-cv-05638-NRB, 69 in 1:11-cv-05927-NRB, 145 in 1:13-cv-05569-NRB, 97 in 1:13-cv-01198-NRB, 251 in 1:11-cv-02613-NRB, 145 in 1:13-cv-05221-NRB, 173 in 1:13-cv-07005-NRB, 154 in 1:13-cv-03952-NRB, 73 in 1:12-cv-06693-NRB, 88 in 1:13-cv-02343-NRB, 94 in 1:13-cv-00398-NRB, 94 in 1:12-cv-05822-NRB, 155 in 1:13-cv-05616-NRB, 169 in 1:11-cv-06411-NRB, 125 in 1:13-cv-08644-NRB, 81 in 1:13-cv-03010-NRB, 59 in 1:12-cv-04205-NRB, 1015 in 1:11-md-02262-NRB, 159 in 1:13-cv-00626-NRB, 69 in 1:14-cv-04189-NRB, 88 in 1:13-cv-00346-NRB, 161 in 1:13-cv-00597-NRB, 152 in 1:13-cv-05187-NRB, 79 in 1:13-cv-05511-NRB, 113 in 1:14-cv-01757-NRB, 121 in 1:13-cv-06013-NRB, 72 in 1:11-cv-03128-NRB, 101 in 1:13-cv-01135-NRB, 84 in 1:12-cv-06056-NRB, 36 in 1:14-cv-07720-NRB, 98 in 1:12-cv-01025-NRB, 122 in 1:13-cv-00598-NRB, 88 in 1:11-cv-05640-NRB, 70 in 1:13-cv-08799-NRB, 69 in 1:13-cv-01456-NRB, 123 in 1:12-cv-05723-NRB, 73 in 1:11-cv-02883-NRB, 113 in 1:14-cv-03094-NRB, 51 in 1:11-cv-07715-NRB, 53 in 1:11-cv-07676-NRB, 102 in 1:11-cv-05641-NRB, 121 in 1:13-cv-06014-NRB, 94 in 1:13-cv-00407-NRB, 78 in 1:11-cv-05931-NRB, 73 in 1:12-cv-07461-NRB, 104 in 1:13-cv-01016-NRB, 64 in 1:11-cv-05930-NRB, 174 in 1:11-cv-06412-NRB, 75 in 1:11-cv-05928-NRB, 159 in 1:13-cv-00627-NRB, 74 in 1:11-cv-05929-NRB, 193 in 1:13-cv-02297-NRB, 73 in 1:11-cv-03249-NRB, 97 in 1:13-cv-06020-NRB, 160 in 1:13-cv-00667-NRB, 96 in 1:13-cv-07720-NRB) Notice of Appeal, (71 in 1:12-cv-06693-NRB, 1008 in 1:11-md-02262-NRB, 99 in 1:13-cv-01135-NRB, 86 in 1:13-cv-00346-NRB, 249 in 1:11-cv-02613-NRB, 92 in 1:13-cv-00398-NRB, 91 in 1:12-cv-05822-NRB) Order,,,, (250 in 1:11-cv-02613-NRB) Clerk's Judgment,,,,. Document filed by Mayor and City Council of Baltimore. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) (Entered: 02/13/2015)
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Legal Document (Payment Possibly Required) 59 Filed: 2/12/2015, Entered: None Unknown Document Type
FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF APPEAL. Document filed by Mayor and City Council of Baltimore. Filing fee $ 505.00, receipt number 0208-10592956. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Carmody, William) Modified on 2/13/2015 (tp). (Entered: 02/12/2015)
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Legal Document (Payment Possibly Required) 58 Filed: 12/23/2014, Entered: None Unknown Document Type
REPLY MEMORANDUM OF LAW in Support re: (743 in 1:11-md-02262-NRB) MOTION to Dismiss Direct Action Claims. Fraud and Related Claims. Document filed by Barclays Bank PLC, Barclays Capital Inc., Barclays PLC. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Scott, Jeffrey) (Entered: 12/23/2014)
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Legal Document (Payment Possibly Required) 57 Filed: 12/12/2014, Entered: None Unknown Document Type
NOTICE OF CHANGE OF ADDRESS by Alan M. Wiseman on behalf of Citibank, N.A., Citigroup Global Markets, Inc., Citigroup, Inc.. New Address: Covington & Burling LLP, One CityCenter, 850 10th St., NW, Washington, DC, U.S.A. 20001-4956, 202-662-5069. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Wiseman, Alan) (Entered: 12/12/2014)
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Legal Document (Payment Possibly Required) 56 Filed: 12/12/2014, Entered: None Unknown Document Type
NOTICE OF CHANGE OF ADDRESS by Thomas A. Isaacson on behalf of Citibank, N.A., Citigroup Global Markets, Inc., Citigroup, Inc.. New Address: Covington & Burling LLP, One CityCenter, 850 10th St., NW, Washington, DC, U.S.A. 20001-4956, 202-622-5082. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Isaacson, Thomas) (Entered: 12/12/2014)
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Legal Document (Payment Possibly Required) 55 Filed: 12/12/2014, Entered: None Unknown Document Type
NOTICE OF CHANGE OF ADDRESS by Jonathan James Gimblett on behalf of Citibank, N.A., Citigroup Global Markets, Inc., Citigroup, Inc.. New Address: Covington & Burling LLP, One CityCenter, 850 10th St., NW, Washington, DC, U.S.A. 20001-4956, 202-662-5457. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Gimblett, Jonathan) (Entered: 12/12/2014)
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Legal Document (Payment Possibly Required) 54 Filed: 11/4/2014, Entered: None Unknown Document Type
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 10/27/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:11-md-02262-NRB et al.(McGuirk, Kelly) (Entered: 11/04/2014)
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Legal Document (Payment Possibly Required) 53 Filed: 11/4/2014, Entered: None Unknown Document TypeCourt Filing
TRANSCRIPT of Proceedings re: HEARING held on 10/27/2014 before Judge Naomi Reice Buchwald. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/1/2014. Redacted Transcript Deadline set for 12/8/2014. Release of Transcript Restriction set for 2/5/2015.Filed In Associated Cases: 1:11-md-02262-NRB et al.(McGuirk, Kelly) (Entered: 11/04/2014)
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Legal Document (Payment Possibly Required) 52 Filed: 10/23/2014, Entered: None Unknown Document TypeCourt Filing
ORDER: The Order dated on October 14, 2014 (ECF No. 691) was posted entirely in error. The Court regrets the confusion caused by this error. The subject of the the conference to be held on October 27, 2014, is, as our Endorsement of October 21, 2014, made clear, strictly limited to the proposed settlement between the Exchange-Based Plaintiffs and Barclays. The Court intends to address the motions already scheduled and the anticipated motions addressed to the newly defined putative classes before commencing any discovery. (Signed by Judge Naomi Reice Buchwald on 10/23/2014) Filed In Associated Cases: 1:11-md-02262-NRB et al, pursuant to instructions from Chambers. (mro) (Entered: 10/23/2014)
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Legal Document (Payment Possibly Required) 51 Filed: 10/21/2014, Entered: None Unknown Document TypeCourt Filing
MEMO ENDORSEMENT on re: (695 in 1:11-md-02262-NRB) LETTER MOTION for Conference re: (691) Order on Motion for Conference addressed to Judge Naomi Reice Buchwald from Direct Action Plaintiffs dated 10/21/14 filed by Direct Action Plaintiffs. ENDORSEMENT: The agenda for The conference scheduled for October 27, 2014 is strictly limited to The Proposed Settlement between The Exchange-Based Plaintiffs and to address certain questions that The Court has about The Proposed Settlement. (Signed by Judge Naomi Reice Buchwald on 10/21/2014) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ama) (Entered: 10/21/2014)
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Legal Document (Payment Possibly Required) 50 Filed: 10/14/2014, Entered: None Unknown Document TypeCourt Filing
MEMORANDUM AND ORDER. The motions to designate interim class counsel are granted, with the modification that interim counsel in Berkshire Bank and Directors Financial shall not represent any persons for claims that fall within the scope of the existing class of OTC Plaintiffs. Berkshire Bank and Directors Financial are consolidated for all purposes, including trial. The parties in Adams will continue to be bound by our broad-based, substantive rulings. Plaintiffs shall file amended complaints within thirty days of this order. The parties shall also propose a briefing schedule for motions to dismiss the amended complaints. IT IS SO ORDERED. Granting (640) Motion; Granting (641) Motion to Appoint Counsel; Granting (644) Motion to Appoint Counsel; Granting (644) Motion to Consolidate Cases; Granting (644) Motion to Appoint Counsel; Granting (644) Motion to Consolidate Cases; Granting (644) Motion to Appoint Counsel; Granting (644) Motion to Consolidate Cases; Granting (647) Motion to Appoint Counsel in case 1:11-md-02262-NRB; Granting (68) Motion to Appoint Counsel; Granting (68) Motion to Consolidate Cases; Granting (68) Motion to Appoint Counsel; Granting (68) Motion to Consolidate Cases; Granting (68) Motion to Appoint Counsel; Granting (68) Motion to Consolidate Cases in case 1:12-cv-05723-NRB; Granting (68) Motion to Appoint Counsel in case 1:13-cv-00407-NRB; Granting (48) Motion to Appoint Counsel; Granting (48) Motion to Consolidate Cases; Granting (48) Motion to Appoint Counsel; Granting (48) Motion to Consolidate Cases; Granting (48) Motion to Appoint Counsel; Granting (48) Motion to Consolidate Cases in case 1:13-cv-01016-NRB. (Signed by Judge Naomi Reice Buchwald on 10/14/2014) Filed In Associated Cases: 1:11-md-02262-NRB et al. (All Cases as per Chambers) (rjm) (Entered: 10/14/2014)
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Legal Document (Payment Possibly Required) 49 Filed: 10/14/2014, Entered: None Unknown Document TypeCourt Filing
ORDER. Counsel for OTC Plaintiffs, Exchange-Based Plaintiffs, and defendants are directed to appear for a Rule 26(f) conference at the time and place listed below, and are directed to confer. Conference will be held on October 27, 2014, at 3:00 P.M., at the United States Court House, 500 Pearl Street, New York, New York, in Courtroom 21A. IT IS SO ORDERED. Granting (211) Letter Motion for Conference re: (211 in 1:11-cv-02613-NRB, 680 in 1:11-md-02262-NRB) LETTER MOTION for Conference addressed to Judge Naomi Reice Buchwald from Christopher Lovell & David Kovel dated 10/8/14. (Status Conference set for 10/27/2014 at 03:00 PM in Courtroom 21A, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Naomi Reice Buchwald.) in case 1:11-cv-02613-NRB; Granting (680) Letter Motion for Conference (Status Conference set for 10/27/2014 at 03:00 PM in Courtroom 21A, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Naomi Reice Buchwald.) in case 1:11-md-02262-NRB in case 1:11-cv-02613-NRB. (Signed by Judge Naomi Reice Buchwald on 10/14/2014) Filed In Associated Cases: 1:11-md-02262-NRB et al. (All Cases as per Chambers) (rjm) (Entered: 10/14/2014)
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Legal Document (Payment Possibly Required) 48 Filed: 10/13/2014, Entered: None Unknown Document Type
REPLY to Response to Motion re: (647 in 1:11-md-02262-NRB) MOTION to Appoint Counsel . . Document filed by Kenneth W. Coker, Carl A. Payne. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Alberstone, Daniel) (Entered: 10/13/2014)
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Legal Document (Payment Possibly Required) 47 Filed: 10/9/2014, Entered: None Unknown Document TypeCourt Filing
ORDER. It is ORDERED that the All Defendants Complaints are hereby deemed accepted; and further ORDERED that the clerk shall accept future filings in this multi-district litigation and related cases notwithstanding that the filings are marked as pertaining to "all defendants." (Signed by Judge Naomi Reice Buchwald on 10/9/2014) Filed In Associated Cases: 1:11-md-02262-NRB et al. (All Cases as per Chambers) (rjm) (Entered: 10/09/2014)
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Legal Document (Payment Possibly Required) 46 Filed: 10/8/2014, Entered: None Unknown Document TypeCourt Filing
ORDER. It is hereby ORDERED that the City of Philadelphia's amended complaint of October 7, 2014, be deemed timely, and that the Regents of the University of California (and related plaintiffs) and the City of Houston have leave to re-file their amended complaints on or before October 9, 2014. (Amended Pleadings due by 10/9/2014.) (Signed by Judge Naomi Reice Buchwald on 10/8/2014) Filed In Associated Cases: 1:11-md-02262-NRB et al. (All cases as per Chambers) (rjm) (Entered: 10/08/2014)
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Legal Document (Payment Possibly Required) 45 Filed: 10/8/2014, Entered: None Unknown Document TypeCourt Filing
ORDER. This Order responds to defendants' letter of August 13, 2014 (ECF No. 590) and the OTC plaintiffs' responsive letter of August 20, 2014 (ECF No. 627). Having reviewed those letters, our decision in LIBOR III, and previous filings cited by the parties, we hereby amend our decision in LIBOR III to clarify that the OTC plaintiffs' claims for breach of contract and unjust enrichment survive against Credit Suisse International ("CSI") but not against Credit Suisse Group AG ("CSGAG"). This clarification is appropriate because LIBOR III unambiguously held that claims against non-counterparty defendants, such as CSGAG, fail to meet the standing requirements of Article III. See slip op. at 67. However, we ambiguously listed "Credit Suisse" as a contracting defendant against whom the OTC plaintiffs had stated a claim. See id. at 57, 67. Had we been more precise, we would have stated that the OTC plaintiffs' claims survive against CSI-and not against CSGAG-because the OTC plaintiffs alleged only that one of the OTC plaintiffs had contracted with CSI. See Second Cons. Am. Compl. paragraph 386, ECF No. 406. (Signed by Judge Naomi Reice Buchwald on 10/8/2014) Filed In Associated Cases: 1:11-md-02262-NRB et al. (All cases as per Chambers) (rjm) (Entered: 10/08/2014)
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Legal Document (Payment Possibly Required) 44 Filed: 9/5/2014, Entered: None Unknown Document TypeCourt Filing
ORDER. This Order addresses the Exchange-Based plaintiffs' letter of August 13, 2014 (Dkt. No. 592) and defendants' responsive letters of August 20, 2014 (Dkt. Nos. 609 and 611). Given the detailed nature of the parties' submissions and the well-established law governing motions to amend and motions for reconsideration, we will treat the parties' letters as motion papers. Accordingly, we invite plaintiffs to submit a letter reply by September 14, 2014. (Signed by Judge Naomi Reice Buchwald on 9/4/2014) Filed In Associated Cases: 1:11-md-02262-NRB et al. Entry in all cases as per Chambers. (rjm) (Entered: 09/05/2014)
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Legal Document (Payment Possibly Required) 43 Filed: 9/5/2014, Entered: None Unknown Document TypeCourt Filing
ORDER. This Order addresses two letters submitted on August 20, 2014: (1) Susman Godfrey's letter on behalf of the "class cases" seeking the creation of new interim classes, a stay of certain individual actions, and the addition of new parties to the OTC plaintiffs' case (Dkt. No. 626); and (2) Dickstein Shapiro's letter on behalf of the "Direct Action" plaintiffs requesting leave to amend their complaints pursuant to Federal Rule of Civil Procedure 15(a)(1)(B) (Dkt. No. 610). First, we grant plaintiffs leave to file motions to serve as interim lead counsel for the proposed classes of lenders, homeowners, and students. As the parties have proposed, those motions shall be filed by September 15, 2014, the opposition papers by October 3, 2014, and all replies by October 13, 2014. Following any ruling appointing interim counsel for any additional proposed classes, consolidated amended complaints are to be filed thirty (30) days thereafter. Second, the Court has no objection to maintaining the existing stay for the six cases that have so requested. However, for the four cases that raise claims in addition to Sherman Act claims, plaintiffs will continue to be bound by any broad-based, substantive rulings issued by this Court. Stated otherwise, any party subject to this voluntary stay will not be permitted to relitigate any issue resolved while the stay is in place. Third, we grant OTC plaintiffs leave to add the plaintiffs in SEIU Pension Plans Master Trust v. Bank of America Corp. et al., 13-cv-1456 and Highlander Realty, LLC et al. v. Citizens Bank of Mass. et al., 13-cv-2343 as named plaintiffs in the OTC action. Fourth and finally, we have no objection to allowing "Direct Action" plaintiffs to amend their complaints prior to defendants filing their next round of motions to dismiss. Given the existence of three hundred pages of prior opinions, three years of litigation, and the existence of defendants' letters of August 13, 2014 previewing their anticipated motions to dismiss, we find that there is no need for pre-motion letters before defendants file their motions to dismiss. Therefore, we shall proceed on the following schedule: Direct Action plaintiffs shall file their amended pleadings by October 6, 2014; defendants' motions to dismiss will be due on November 5, 2014, opposition papers must be filed by December 8, 2014, and reply briefs will be due on December 23, 2014. In order to move this litigation forward, we have decided not to await the filing of consolidated amended complaints by the new interim classes before briefing any motions directed to the amended "Direct Action" complaints. We are prepared to work with the parties to avoid duplication of effort should there be motions to dismiss that would also be applicable to any of the consolidated amended complaints filed by the new interim classes. (Amended Pleadings due by 10/6/2014. Motions due by 11/5/2014. Responses due by 12/8/2014. Replies due by 12/23/2014.) (Signed by Judge Naomi Reice Buchwald on 9/4/2014) Filed In Associated Cases: 1:11-md-02262-NRB et al. (rjm). Entry in all cases as per Chambers. (Entered: 09/05/2014)
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Legal Document (Payment Possibly Required) 42 Filed: 7/22/2014, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Francis Paul McConville on behalf of The Berkshire Bank, Government Development Bank for Puerto Rico, Direcors Financial Group. Filed In Associated Cases: 1:11-md-02262-NRB et al.(McConville, Francis) (Entered: 07/22/2014)
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Legal Document (Payment Possibly Required) 41 Filed: 7/2/2014, Entered: None Unknown Document TypeCourt Filing
NOTICE: Within the next ten days, the Court will issue a communication addressing issues related to the next steps in this litigation and inviting submissions from the parties. Before receiving our communication, counsel are directed not to make any submissions to the Court. (Signed by Judge Naomi Reice Buchwald on 7/2/2014) ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) (Entered: 07/03/2014)
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Legal Document (Payment Possibly Required) 40 Filed: 7/2/2014, Entered: None Unknown Document TypeCourt Filing
NOTICE: Within the next ten days, the Court will issue a communication addressing issues related to the next steps in this litigation and inviting submissions from the parties. Before receiving our communication, counsel are directed not to make any submissions to the Court. (Signed by Judge Naomi Reice Buchwald on 7/2/2014) Filed In Associated Cases: 1:11-md-02262-NRB et al. ***Docketed in all member and related cases pursuant to instructions from Chambers.(mro) (Entered: 07/03/2014)
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Legal Document (Payment Possibly Required) 39 Filed: 6/23/2014, Entered: None Unknown Document TypeCourt Filing
MEMORANDUM AND ORDER denying (418) Motion for Reconsideration; terminating (428) Motion to Strike; denying (453) Motion to Dismiss; granting in part and denying in part (507) Motion to Dismiss; granting (516) Motion to Dismiss in case 1:11-md-02262-NRB. For the reasons stated above, exchange-based plaintiffs' motion for reconsideration of our ruling on trader-based claims is denied, but their motion for leave to amend their complaint is granted; defendants' motion to dismiss CEA claims on scienter grounds is denied; defendants' motion to dismiss CEA claims arising out of contracts purchased between May 30, 2008 and April 14, 2009 is granted; defendants' motion to dismiss OTC plaintiffs' contract and unjust enrichment claims is granted in part and denied in part; and defendant Socit Gnrale's motion to dismiss the exchange-based plaintiffs' complaint is granted. It has been nearly two years since defendants first moved to dismiss plaintiffs' consolidated amended complaints. Since then, this Court has issued three major opinions and the parties have submitted hundreds, if not thousands, of pages of briefing materials, all in an attempt to resolve the threshold question of any litigation: what claims, if any, have plaintiffs adequately pled? Now, at long last, there is clarity. OTC plaintiffs may state claims for breach of the implied covenant of good faith and fair dealing, and claims for unjust enrichment, but only against those defendant banks with which OTC plaintiffs transacted directly. Exchange-based plaintiffs may state claims under the CEA based on contracts purchased between April 15, 2009 and the end of the Class Period, based on a theory that defendants' alleged persistent suppression of LIBOR caused them damages; however, no such claim may lie against Socit Gnrale, as those claims are time barred. Exchange-based plaintiffs may also state claims against Barclays and Rabobank based on the alleged day-to-day, trader-based manipulation that occurred between January 1, 2005 and August 2007. This Memorandum and Order resolves docket entry nos. 396, 418, 428, 453, 507, and 516. (Signed by Judge Naomi Reice Buchwald on 6/23/2014) Filed In Associated Cases: 1:11-md-02262-NRB et al. ***Docketed in all member and related cases pursuant to instructions from Chambers. (mro) (Entered: 06/23/2014)
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Legal Document (Payment Possibly Required) 38 Filed: 3/18/2014, Entered: None Unknown Document TypeCourt Filing
NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO RULE 41(a): Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, Plaintiff, Community Bank & Trust, voluntarily dismisses this action without prejudice. So ordered. (Signed by Judge Naomi Reice Buchwald on 3/17/2014) (mro) (Entered: 03/18/2014)
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Legal Document (Payment Possibly Required) 37 Filed: 3/13/2014, Entered: None Unknown Document Type
DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, Without prejudice against the defendant(s) All Defendants. Document filed by Community Bank & Trust. (Leser-Grenon, Karen) Modified on 3/14/2014 (jno). (Entered: 03/13/2014)
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Legal Document (Payment Possibly Required) 36 Filed: 1/16/2014, Entered: None Unknown Document TypeCourt Filing
MEMO ENDORSEMENT granting (530) Motion to Withdraw as Attorney in case 1:11-md-02262-NRB. ENDORSEMENT: So Ordered. (Signed by Judge Naomi Reice Buchwald on 1/15/2014) (ft) (Entered: 01/16/2014)
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Legal Document (Payment Possibly Required) 35 Filed: 10/16/2013, Entered: None Unknown Document TypeCourt Filing
MEMO ENDORSEMENT granting (466) Motion to Withdraw as Attorney in case 1:11-md-02262-NRB. ENDORSEMENT: Application granted. (Signed by Judge Naomi Reice Buchwald on 10/16/2013) (mro) (Entered: 10/16/2013)
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Legal Document (Payment Possibly Required) 34 Filed: 10/10/2013, Entered: None Unknown Document TypeCourt Filing
MEMO ENDORSEMENT on re: (436 in 1:11-md-02262-NRB) Notice (Other) filed by JPMorgan Chase Bank N.A., JPMorgan Chase & Co. ENDORSEMENT: So ordered. (Signed by Judge Naomi Reice Buchwald on 10/10/2013) (mro) (Entered: 10/11/2013)
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Blank 33 Filed: 10/9/2013, Entered: None Unknown Document TypeCourt Filing
MEMORANDUM AND ORDER: This Memorandum and Order is addressed to applications pending before the Court. First, defendants' request for leave to file their Renewed Motion to Dismiss the Exchange-Based Plaintiffs' Period 2 CEA Claims is granted. Second, a decision on the permissible content of the Second Consolidated Amended Complaints is stayed until the resolution of the current motions addressed to the complaints. The operative complaints will then be denominated the Third Consolidated Amended Complaints. (Signed by Judge Naomi Reice Buchwald on 10/8/2013) Filed In Associated Cases: 1:11-md-02262-NRB et al. (ft) (Entered: 10/09/2013)
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Legal Document (Payment Possibly Required) 32 Filed: 7/31/2013, Entered: None Unknown Document TypeCourt Filing
MEMO ENDORSEMENT granting 26 Motion to Withdraw as Attorney. ENDORSEMENT: Application granted. Attorney Patrick Anthony Klingman terminated. (Signed by Judge Naomi Reice Buchwald on 7/30/2013) (tro) (Entered: 08/01/2013)
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Legal Document (Payment Possibly Required) 31 Filed: 7/25/2013, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Karen M. Leser-Grenon on behalf of Community Bank & Trust. (Leser-Grenon, Karen) (Entered: 07/25/2013)
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Legal Document (Payment Possibly Required) 30 Filed: 5/7/2013, Entered: None Court Filing
Letter addressed to Judge Naomi Reice Buchwald from Edward F. Haber dated 4/23/2013 re: We are counsel for the Plaintiffs Community Bank & Trust, Berkshire Bank, Government Development Bank for Puerto Rico, and Directors Financial Group (the "Lender Class Plaintiffs") In the above referenced actions (the "Lender Class Cases") and, pursuant to your Individual Practices, we write this letter jointly on behalf of the Lender Class Plaintiffs to request a pre-motion conference with the Court to discuss. (rdz) (Entered: 05/07/2013)
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Legal Document (Payment Possibly Required) 29 Filed: 3/29/2013, Entered: None Court Filing
MEMORANDUM AND ORDER: For the reasons stated above, defendants' motions to dismiss are granted in part and denied in part. First, defendants motion to dismiss plaintiffs' federal antitrust claim is granted. Regardless of whether defendants' conduct constituted a violation of the antitrust law "antitrust injury." An antitrust injury is an injury that results from an anticompetitive aspect of defendants conduct. Here, although plaintiffs have alleged that defendants' conspired to suppress LIBOR over a nearly three-year-long period and that they were injured as a result, they have not alleged that their injury resulted from any harm to competition. The process by which banks submit LIBOR quotes to the BBA is not itself competitive, and plaintiffs have not alleged that defendants' conduct had an anticompetitive effect in any market in which defendants compete. Because plaintiffs have not alleged an antitrustinjury, their federal antitrust claim is dismissed. Second, defendants' motion to dismiss plaintiffs' commodities manipulation claims is granted in part and denied in part. Contrary to defendants' arguments, plaintiffs' claims do not involve an impermissible extraterritorial application of the CEA, and plaintiffs have adequately pleaded their claims. However, certain of plaintiffs' claims are time-barred because numerous articles published in April and May 2008 in prominent national publications placed plaintiffs on notice of their injury. Therefore, plaintiffs commodities manipulation claims based on contracts entered into between August 2007 and May 29, 2008, are time-barred. However, plaintiffs' claims based on contracts entered into between April 15, 2009, and May 2010 are not time-barred, and plaintiffs' claims based on contracts entered into between May 30, 2008, and April 14, 2009, may or may not be barred, though we will not dismiss them at this stage. Additionally, because the Barclays settlements broughtto light information that plaintiffs might not previously have been able to learn, we grant plaintiffs leave to move to amend their complaint to include allegations based on such information, provided that any such motion addresses the concerns raised herein and is accompanied by a proposed second amended complaint. Third, defendants' motion to dismiss plaintiffs' RICO claim is granted. For one, the PSLRA bars plaintiffs from bringing a RICO claim based on predicate acts that could have been the subject of a securities fraud action. Here, the predicate acts of mail and wire fraud underlying plaintiffs' RICO claim could have been the subject of a claim for securities fraud. Additionally, RICO applies only domestically, meaning that the alleged enterprise must be a domestic enterprise. However, the enterprise alleged by plaintiffs is based in England. For these reasons, plaintiffs RICO claim is dismissed. Finally, plaintiffs' state-law claims are all dismissed, some with prejudice and some without. Plaintiffs' Cartwright Act claim is dismissed with prejudice for lack of antitrust injury. The exchange-based plaintiffs' New York common law unjust enrichment claim is also dismissed with prejudice, as plaintiffs have not alleged any relationship between them and defendants. With regard to the remaining state-law claims, we decline to exercise supplemental jurisdiction and We recognize that it might be unexpected that we are dismissing a substantial portion of plaintiffs claims, given that several of the defendants here have already paid penalties to government regulatory agencies reaching into the billions of dollars. However, these results are not as incongruous as they might seem. Under the statutes invoked here, there are many requirements that private plaintiffs must satisfy, but which government agencies need not. The reason for these differing requirements is that the focuses of public enforcement and private enforcement, even of the same statutes, are not identical. The broad public interests behind the statutes invoked here, such as integrity of the markets and competition, are being addressed by ongoing governmental enforcement. While public enforcement is often supplemented by suits brought by private parties acting as "private attorneys general," those private actions which seek damages and attorneys fees must be examined closely to ensure that the plaintiffs who are suing are the ones properly entitled to recover and that the suit is, in fact, serving the public purposes of the laws being invoked. Therefore, although we are fully cognizant of the settlements that several of the defendants here have entered into with government regulators, we find that only some of the claims that plaintiffs have asserted may properly proceed. (Signed by Judge Naomi Reice Buchwald on 3/29/2013) (tro) Modified on 4/3/2013 (tro). (Entered: 04/02/2013)
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Legal Document (Payment Possibly Required) 28 Filed: 2/1/2013, Entered: None Court Filing
MEMO ENDORSED granting 27 Motion to Withdraw as Attorney. Attorney Charles Edgar Tompkins, IV terminated. (Signed by Judge Naomi Reice Buchwald on 2/1/2013) (cd) (Entered: 02/01/2013)
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Legal Document (Payment Possibly Required) 27 Filed: 1/30/2013, Entered: None
MOTION for Charles E. Tompkins to Withdraw as Attorney. Document filed by Community Bank & Trust.(Haber, Edward) (Entered: 01/30/2013)
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Legal Document (Payment Possibly Required) 26 Filed: 11/5/2012, Entered: 11/5/2012 Motion to Withdraw as Attorney
MOTION for Patrick A. Klingman to Withdraw as Attorney. Document filed by Community Bank & Trust.(Klingman, Patrick)
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Legal Document (Payment Possibly Required) 25 Filed: 10/16/2012, Entered: 10/16/2012 Order on Motion to Appear Pro Hac ViceCourt Filing
ORDER granting [20] Motion for Rose F. Luzon to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 10/15/2012) (ama)
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Legal Document (Payment Possibly Required) 24 Filed: 10/16/2012, Entered: 10/16/2012 Order on Motion to Appear Pro Hac ViceCourt Filing
ORDER granting [21] Motion for Kolin C. Tang to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 10/15/2012) (ama)
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Legal Document (Payment Possibly Required) 23 Filed: 10/16/2012, Entered: 10/16/2012 Order on Motion to Appear Pro Hac ViceCourt Filing
ORDER granting [19] Motion for Natalie Finkelman Bennett to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 10/15/2012) (ama)
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Legal Document (Payment Possibly Required) 22 Filed: 10/4/2012, Entered: 10/4/2012 Order on Motion to Appear Pro Hac ViceCourt Filing
ORDER FOR ADMISSION PRO HAC VICE granting [18] Motion for James E Miller to Appear Pro Hac Vice for plaintiff. (Signed by Judge Naomi Reice Buchwald on 10/3/2012) (cd)
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Legal Document (Payment Possibly Required) 21 Filed: 10/2/2012, Entered: 10/2/2012, Terminated: 10/16/2012 Motion to Appear Pro Hac Vice
MOTION for Kolin C. Tang to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7868584. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Community Bank & Trust. (Attachments: # (1) Exhibit Certificate of Good Standing, # (2) Text of Proposed Order)(Tang, Kolin)
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Legal Document (Payment Possibly Required) 20 Filed: 10/2/2012, Entered: 10/2/2012, Terminated: 10/16/2012 Motion to Appear Pro Hac Vice
MOTION for Rose F. Luzon to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7868544. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Community Bank & Trust. (Attachments: # (1) Exhibit Certificate of Good Standing, # (2) Text of Proposed Order)(Luzon, Rosemary)
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Legal Document (Payment Possibly Required) 19 Filed: 10/2/2012, Entered: 10/2/2012, Terminated: 10/16/2012 Motion to Appear Pro Hac Vice
MOTION for Natalie Finkelman Bennett to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7868090. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Community Bank & Trust. (Attachments: # (1) Exhibit Certificates of Good Standing, # (2) Text of Proposed Order)(Bennett, Natalie)
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Blank  Filed: None, Entered: None Notice Regarding Pro Hac Vice Motion
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [20] MOTION for Rose F. Luzon to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7868544. Motion and supporting papers to be reviewed by Clerk's Office staff., [21] MOTION for Kolin C. Tang to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7868584. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (pgu)
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Blank  Filed: None, Entered: None Notice Regarding Pro Hac Vice Motion
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [19] MOTION for Natalie Finkelman Bennett to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7868090. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (pgu)
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Legal Document (Payment Possibly Required) 18 Filed: 9/28/2012, Entered: 9/28/2012, Terminated: 10/4/2012 Motion to Appear Pro Hac Vice
MOTION for James Edward Miller to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7859530. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Community Bank & Trust. (Attachments: # (1) Exhibit Certificates of Good Standing, # (2) Text of Proposed Order)(Miller, James)
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Blank  Filed: None, Entered: None Notice Regarding Pro Hac Vice Motion
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [18] MOTION for James Edward Miller to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7859530. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (pgu)
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Legal Document (Payment Possibly Required) 17 Filed: 8/15/2012, Entered: 8/15/2012 Order on Motion to Appear Pro Hac ViceCourt Filing
ORDER FOR ADMISSION PRO HAC VICE granting [16] Motion for Edward F. Haber to Appear Pro Hac Vice for all purposes as counsel for Community Bank & Trust in the above captioned case in the United States District Court for the Southern District of New York. (Signed by Judge Naomi Reice Buchwald on 8/14/2012) (pl)
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Legal Document (Payment Possibly Required) 16 Filed: 8/9/2012, Entered: 8/9/2012, Terminated: 8/15/2012 Motion to Appear Pro Hac Vice
MOTION for Edward F. Haber to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7719144. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Community Bank & Trust. (Attachments: # (1) Text of Proposed Order, # (2) Certificate of Good Standing)(Haber, Edward)
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Blank  Filed: None, Entered: None Notice Regarding Pro Hac Vice Motion
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [16] MOTION for Edward F. Haber to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7719144. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (pgu)
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Legal Document (Payment Possibly Required) 15 Filed: 7/18/2012, Entered: 7/18/2012 OrderCourt Filing
MEMORANDUM AND ORDER: Accordingly, we reverse our previous consolidation order pursuant to Rule 42(a) and instead consolidate the class action complaints pending in the MDL for pretrial purposes only. (Signed by Judge Naomi Reice Buchwald on 7/18/2012) Filed In Associated Cases: 1:11-md-02262-NRB et al.(lmb)
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Legal Document (Payment Possibly Required) 14 Filed: 7/13/2012, Entered: 7/13/2012 Notice of Appearance
NOTICE OF APPEARANCE by Robert Frank Wise, Jr on behalf of Bank of America Corporation, Bank of America, N.A. (Wise, Robert)
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Legal Document (Payment Possibly Required) 13 Filed: 7/12/2012, Entered: 7/13/2012 OrderCourt Filing
ORDER: ORDERED that 12cv4205 is accepted for inclusion in the MDL; ORDERED that defendant's joint motion to dismiss the Community Bank & Trust complaint shall be due on August 28, 2012 and shall not exceed 35 pages; ORDERED that Community Bank & Trust's brief in opposition to the motion to dismiss shall be due on September 28, 2012 and shall not exceed 35 pages; ORDERED that defendant's reply brief shall be due on October 2, 2012 and shall not exceed 15 pages. ( Motions due by 8/28/2012., Responses due by 9/28/2012, Replies due by 10/29/2012.) (Signed by Judge Naomi Reice Buchwald on 7/12/2012) Copies Mailed By Chambers. (ama)
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Legal Document (Payment Possibly Required) 12 Filed: 7/12/2012, Entered: 7/12/2012 Order Vacating Designation re Complex Civil CaseCourt Filing
ORDER VACATING DESIGNATION OF CASE FOR INCLUSION IN PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES: WHEREAS, this case was previously designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the "Pilot Project"), it is hereby ORDERED that designation is hereby vacated, and the Clerk of Court shall remove the COMPLEX-CSMGMT flag. (Signed by Judge Naomi Reice Buchwald on 7/11/2012) (mro)
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Legal Document (Payment Possibly Required) 11 Filed: 7/12/2012, Entered: 7/12/2012 Notice of Case Assignment/ReassignmentCourt Filing
NOTICE OF CASE ASSIGNMENT to Judge Naomi Reice Buchwald. Judge Unassigned is no longer assigned to the case. (pgu)
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Blank  Filed: None, Entered: None Case Designation
Magistrate Judge Ronald L. Ellis is so designated. (pgu)
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Blank  Filed: None, Entered: None Case Consolidation - MDL
CONSOLIDATED MDL CASE: Create association to 1:11-md-02262-NRB. (pgu)
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Blank  Filed: None, Entered: None Case Accepted as Related
CASE ACCEPTED AS RELATED. Create association to 1:11-md-02262-NRB. Notice of Assignment to follow. (pgu)
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Legal Document (Payment Possibly Required) 10 Filed: 7/5/2012, Entered: 7/5/2012 Stipulation and OrderCourt Filing
STIPULATION AND ORDER RE EXTENSION OF TIME TO RESPOND TO COMPLAINT: that the time for Defendants to answer or move with respect to the complaint herein be extended to such time as set by further order of the Court. (Signed by Judge Naomi Reice Buchwald on 7/5/2012) (pl) Modified on 7/5/2012 (pl).
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Legal Document (Payment Possibly Required) 9 Filed: 7/5/2012, Entered: 7/5/2012 Response
RESPONSE re: [8] Response / Community Bank & Trust's Application for Inclusion in the MDL Pursuant to June 14, 2012 Orders. Document filed by Bank of America Corporation, Bank of America, N.A., Citibank, N.A., Citigroup, Inc., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. (Wise, Robert)
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Legal Document (Payment Possibly Required) 8 Filed: 6/25/2012, Entered: 6/25/2012 Response
RESPONSE re: [4] Order,, requiring application for inclusion in MDL proceeding. Document filed by Community Bank & Trust. (Klingman, Patrick)
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Legal Document (Payment Possibly Required) 7 Filed: 6/18/2012, Entered: 6/18/2012 Summons Returned Executed
SUMMONS RETURNED EXECUTED. JPMorgan & Co. served on 6/1/2012, answer due 6/22/2012; JPMorgan Chase Bank served on 6/1/2012, answer due 6/22/2012. Service was accepted by Dahlene Mitchell, CT Corporation System, Registered Agent. Document filed by Community Bank & Trust. (Tompkins, Charles)
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Legal Document (Payment Possibly Required) 6 Filed: 6/18/2012, Entered: 6/18/2012 Summons Returned Executed
SUMMONS RETURNED EXECUTED. Bank of America Corporation served on 6/1/2012, answer due 6/22/2012; Bank of America, N.A. served on 6/1/2012, answer due 6/22/2012. Service was accepted by Adam Williams, Vice President for Bank of America Corporation & Bank of America, N.A.. Document filed by Community Bank & Trust. (Tompkins, Charles)
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Legal Document (Payment Possibly Required) 5 Filed: 6/18/2012, Entered: 6/18/2012 Summons Returned Executed
SUMMONS RETURNED EXECUTED. Citibank, N.A. served on 6/1/2012, answer due 6/22/2012; Citigroup, Inc. served on 6/1/2012, answer due 6/22/2012. Service was accepted by Tahamina Kazi, Legal Assistant. Document filed by Community Bank & Trust. (Tompkins, Charles)
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Legal Document (Payment Possibly Required) 4 Filed: 6/14/2012, Entered: 6/14/2012 OrderCourt Filing
ORDER: WHEREAS on June 14, 2012 1 the Court issued an order requiring any plaintiff wishing to be joined with the multi-district litigation ("MDL") as a representative of a new class of plaintiffs to make an application detailing why the existing classes of plaintiffs do not protect it and why inclusion in the MDL would be appropriate; and WHEREAS it is the intent of the Court that the order of June 14, 2012 apply to plaintiff in 12 cv 4205,ORDERED that plaintiff in that action submit it's application within ten (10) days of this Order. (Signed by Judge Naomi Reice Buchwald on 6/14/2012) Copies Mailed By Chambers. (ama) Modified on 6/14/2012 (ama).
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Legal Document (Payment Possibly Required) 3 Filed: 5/31/2012, Entered: 5/31/2012 Rule 7.1 Corporate Disclosure Statement
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Community Banc-Corp of Sheboygan, Inc. for Community Bank & Trust. Document filed by Community Bank & Trust.(Tompkins, Charles)
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Legal Document (Payment Possibly Required) 2 Filed: 5/25/2012, Entered: 5/30/2012 Standing Order re Complex Civil CasesCourt Filing
STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (tro)
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Legal Document (Payment Possibly Required) 1 Filed: 5/25/2012, Entered: 5/30/2012 Complaint
COMPLAINT against Bank of America Corporation, Bank of America, N.A., Citibank, N.A., Citigroup, Inc., JPMorgan & Co., JPMorgan Chase Bank, National Association. (Filing Fee $ 350.00, Receipt Number 1039383)Document filed by Community Bank & Trust.(tro)
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Blank  Filed: None, Entered: None Note Rejection of Attempted Paper Filing in ECF Case
***REJECTION OF ATTEMPTED PAPER FILING IN ECF CASE. The following document(s) Rule 7.1 - Charles E. Tompkins, was rejected by the Clerk's Office and must be FILED ELECTRONICALLY on the Court's ECF System. (ft)
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Blank  Filed: None, Entered: None Case Designated ECF.
Case Designated ECF. (tro)
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Blank  Filed: None, Entered: None Case Referred as Possibly Related/Similar
CASE REFERRED TO Judge Naomi Reice Buchwald as possibly related to 1:11-md-02262-NRB. (tro)
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Blank  Filed: None, Entered: None Summons Issued
SUMMONS ISSUED as to Bank of America Corporation, Bank of America, N.A., Citibank, N.A., Citigroup, Inc., JPMorgan & Co., JPMorgan Chase Bank, National Association. (tro)
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