Metzler Investment GmbH v. Credit Suisse Group AG et al

Federal Civil Lawsuit New York Southern District Court, Case No. 1:11-cv-07676-NRB
District Judge Naomi Reice Buchwald, presiding
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District Judge Naomi Reice Buchwald
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Parties
No Logo Metzler Investment GmbH, Plaintiff

Represented by Bernstein Litowitz Berger & Grossmann, LLP

Represented by Kirby McInerney LLP

Represented by Motley Rice, LLC

v.
Bank of America Corporation Bank of America Corporation, Defendant
Barclays Bank PLC Barclays Bank PLC, Defendant
Citibank, NA Citibank, NA, Defendant
Officer/Director, Kemet Corporation
Officer/Director, STRATOS LIGHTWAVE, INC.
Officer/Director, Chippac, Inc.
Officer/Director, Citicorp Holdings, Inc.
Citigroup, Inc. Officer/Director, Citigroup, Inc.
Officer/Director, CITICORP
Officer/Director, Intersil Holding Co
Officer/Director, Citigroup Holdings Co
Credit Suisse Group AG Credit Suisse Group AG, Defendant
Deutsche Bank AG Deutsche Bank AG, Defendant
Officer/Director, Tower Automotive, Inc.
Officer/Director, Nrp, Inc.
Officer/Director, PAC West Telecomm, Inc.
Chipotle Mexican Grill, Inc. Officer/Director, Chipotle Mexican Grill, Inc.
Officer/Director, Sherwood Group, Inc.,
Officer/Director, Briazz, Inc.
Officer/Director, Dsl.net, Inc.
Officer/Director, Blockbuster, Inc.
Officer/Director, Hutchinson Technology Inc.
Officer/Director, Korea Fund Inc
Officer/Director, Brazilian Equity Fund Inc
Officer/Director, Future Germany Fund Inc
Officer/Director, Brazil Fund Inc
Officer/Director, Kemper High Income Trust
Officer/Director, Solv Ex Corp
Officer/Director, Desert Native Designs Inc
Officer/Director, Newmark Homes Corp
Officer/Director, Comple Tel Europe Nv
Officer/Director, Doblique Inc
Officer/Director, Mesa Airlines Inc
Officer/Director, Emerson Radio Corp
Officer/Director, Terrapin 3 Acquisition Corp
Officer/Director, Red Rock Resorts, Inc.
Officer/Director, Emachines Inc /de/
Officer/Director, First Philippine Fund Inc
Officer/Director, Rreef America L.l.c.
Officer/Director, Id Arizona Corp.
Officer/Director, DB Municipal Holdings LLC
HSBC Holdings PLC HSBC Holdings PLC, Defendant
Officer/Director, Republic New York Corp
JPMorgan Chase Bank, NA JPMorgan Chase Bank, NA, Defendant
Officially listed as "J.P. Morgan Chase & Co."
Lloyds Banking Group PLC Lloyds Banking Group PLC, Defendant
Royal Bank of Scotland PLC Royal Bank of Scotland PLC, Defendant
Officially listed as "Royal Bank Of Scotland Group PLC"
No Logo The Norinchukin Bank, Defendant
UBS AG UBS AG, Defendant
Officer/Director, Cabletron Systems, Inc.
Officer/Director, Dov Pharmaceutical Inc.
Officer/Director, Greenfield Online Inc.
Officer/Director, First South Africa Corp Ltd
Officer/Director, Impsat Corp
Officer/Director, Ubs Capital II Inc
Officer/Director, Dynamic Ventures Inc/canada
Officer/Director, Ip Factory Inc
Officer/Director, Desert Native Designs Inc
Officer/Director, Muniyield Michigan Fund Inc
Officer/Director, Muniyield Fund Inc
Officer/Director, Muniyield Florida Fund
Officer/Director, Pilgrim Prime Rate Trust
Officer/Director, Munivest Fund Inc
Officer/Director, Pioneer High Income Trust
Officer/Director, Mfs Municipal Income Trust
Officer/Director, Pioneer Floating Rate Trust
Officer/Director, Nuveen Senior Income Fund
Officer/Director, Pimco Municipal Income Fund
Officer/Director, Pimco High Income Fund
No Logo Westlb AG, Defendant
Attributes
Office Foley Square
Filed 10/28/2011
Jury Demand Plaintiff
Demand
Nature of Suit 850 - Other Statutes: Securities/Commodities/Exchange
Cause Section 15 U.S.C. § 1 Antitrust Litigation
Jurisdiction Federal Question
Disposition Dismissed - Other
County XX Out of U.S.
Terminated 12/22/2011
Origin 1
Reopened
Lead Case
111-cv-02613-NRB
Related Case
111-md-02262-NRB
Other Court Case None
Def Custody Status
Flags CLOSED, COMPLEX-CSMGMT, ECF, MDL, MEMBER, RELATED
Timeline
  Entries (34) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 25 Filed: 9/27/2012, Entered: 9/27/2012 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: [18] MOTION to Dismiss.. Document filed by UBS AG. (Zweifach, Lawrence)
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Legal Document (Payment Possibly Required) 24 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) 23 Filed: 7/16/2012, Entered: 7/16/2012 Notice of Appearance
NOTICE OF APPEARANCE by Rachel Alden Lavery on behalf of UBS AG, UBS AG Filed In Associated Cases: 1:11-md-02262-NRB et al.(Lavery, Rachel)
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Legal Document (Payment Possibly Required) 22 Filed: 7/13/2012, Entered: 7/13/2012 Notice of Appearance
NOTICE OF APPEARANCE by Michael Benjamin Eisenkraft on behalf of Gary Francis Filed In Associated Cases: 1:11-cv-02613-NRB et al.(Eisenkraft, Michael)
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Legal Document (Payment Possibly Required) 21 Filed: 7/5/2012, Entered: 7/5/2012 Stipulation and OrderCourt Filing
STIPULATION AS TO ACCEPTANCE OF SERVICE AND RESERVATION OF RIGHTS: Subject to the reservation of rights set forth in paragraph 2 below, each of the Defendants hereby accepts service of process in the following actions to the extent the Defendant is named as a defendant in the complaints, including the amended complaints filed on April 30, 2012. Additional relief as set forth in this Order. (Signed by Judge Naomi Reice Buchwald on 7/5/2012) Filed In Associated Cases: 1:11-md-02262-NRB et al.(pl)
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Legal Document (Payment Possibly Required) 20 Filed: 6/30/2012, Entered: 6/30/2012 Declaration in Support of Motion
DECLARATION of Lawrence J. Zweifach in Support re: (32 in 1:12-cv-01025-NRB, 18 in 1:11-cv-07676-NRB, 178 in 1:11-md-02262-NRB, 121 in 1:11-cv-06411-NRB, 58 in 1:11-cv-05450-NRB, 127 in 1:11-cv-06412-NRB, 117 in 1:11-cv-06409-NRB) MOTION to Dismiss.. Document filed by UBS AG, UBS AG. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Zweifach, Lawrence)
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Legal Document (Payment Possibly Required) 19 Filed: 6/30/2012, Entered: 6/30/2012 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: (58 in 1:11-cv-05450-NRB, 127 in 1:11-cv-06412-NRB, 117 in 1:11-cv-06409-NRB, 32 in 1:12-cv-01025-NRB, 18 in 1:11-cv-07676-NRB, 178 in 1:11-md-02262-NRB, 121 in 1:11-cv-06411-NRB) MOTION to Dismiss.. Document filed by UBS AG, UBS AG. Filed In Associated Cases: 1:11-md-02262-NRB et al.(Sullivan, Peter)
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Legal Document (Payment Possibly Required) 18 Filed: 6/30/2012, Entered: 6/30/2012 Motion to Dismiss
MOTION to Dismiss. Document filed by UBS AG, UBS AG.Filed In Associated Cases: 1:11-md-02262-NRB et al.(Sullivan, Peter)
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Legal Document (Payment Possibly Required) 17 Filed: 6/29/2012, Entered: 6/29/2012 Notice of Appearance
NOTICE OF APPEARANCE by Lawrence Jay Zweifach on behalf of UBS AG, UBS AG Filed In Associated Cases: 1:11-md-02262-NRB et al.(Zweifach, Lawrence)
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Legal Document (Payment Possibly Required) 16 Filed: 5/23/2012, Entered: 5/23/2012 ~Notice (other)
NOTICE of of Withdrawal of Counsel re: (12 in 1:11-cv-04736-NRB) Notice (Other). Document filed by Ravan Investments, LLC. (Attachments: # (1) Certificate of Service)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Nussbaum, Linda)
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Legal Document (Payment Possibly Required) 15 Filed: 5/10/2012, Entered: 5/10/2012 Rule 7.1 Corporate Disclosure Statement
FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Atlantic Trading Holdings, LLC for Atlantic Trading USA, LLC. Document filed by Atlantic Trading USA, LLC. (Attachments: # (1) Certificate of Service)Filed In Associated Cases: 1:11-cv-02613-NRB et al.(Kovel, David) Modified on 5/24/2012 (kco).
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Blank  Filed: None, Entered: None Note to Attorney to Re-File Document - Deficient Docket Entry Error
***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney David Kovel to RE-FILE Document [14] Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (gp)
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Legal Document (Payment Possibly Required) 14 Filed: 5/2/2012, Entered: 5/2/2012 Rule 7.1 Corporate Disclosure Statement
FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Atlantic Trading USA, LLC. (Attachments: # (1) Exhibit Certificate of Service)Filed In Associated Cases: 1:11-cv-02613-NRB et al.(Kovel, David) Modified on 5/10/2012 (gp).
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Legal Document (Payment Possibly Required) 13 Filed: 3/13/2012, Entered: 3/13/2012 Notice of Appearance
NOTICE OF APPEARANCE by Robert Gerard Eisler on behalf of Ravan Investments, LLC (Attachments: # (1) Certificate of Service)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Eisler, Robert)
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Legal Document (Payment Possibly Required) 12 Filed: 3/12/2012, Entered: 3/12/2012 TranscriptCourt Filing
TRANSCRIPT of Proceedings re: Conference held on 3/1/2012 before Judge Naomi Reice Buchwald. Court Reporter/Transcriber: Toni Stanley, (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 4/5/2012. Redacted Transcript Deadline set for 4/16/2012. Release of Transcript Restriction set for 6/14/2012.Filed In Associated Cases: 1:11-md-02262-NRB et al.(McGuirk, Kelly)
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Legal Document (Payment Possibly Required) 11 Filed: 12/22/2011, Entered: 12/23/2011 Pretrial OrderCourt Filing
PRE-TRIAL ORDER NO. 1: Mayor and City Council of Baltimore v. Bank of America, et al., Case No. 11.Civ. 5450, is designated as the lead action for the Over-the-Counter Plaintiff class actions("Over-the-Counter Plaintiff Action"), as further listed in this Pretrial Order. All filings related to the Over-the-Counter Plaintiff Action must be filed in that docket and in the docket for In re LIBOR-based Financial Instruments Antitrust Litigation, MDL No. 2262. Upon their transfer to the docket for Mayor and City Council of Baltimore v. Bank of America, et al., the Clerk will close the docket for those additional cases. Pursuant to Fed. R. Civ. P. 23(g)(3), the Court designates as Interim Co-Lead Counsel for the Over-the-Counter Plaintiff class, Hausfeld LLP, and Susman Godfrey L.L.P. FTC Capital GmbH, et al. v. Credit Suisse Group AG, et al., Case No. 11 Civ. 2613 is designated as the lead action for the Exchange-Based Plaintiff actions ("Exchange-Based Plaintiff Action"), as further listed in this Pretrial Order. All filings related to the Exchange-Based Plaintiff Action must be filed in that docket and in the docket for In re LIBOR-based Financial Instruments Antitrust Litigation, MDL No. 2262. Upon their transfer to the docket for FTC Capital GmbH, et al. v. Credit Suisse Group AG, et al., the Clerk will close the docket for those additional cases. Pursuant to Fed. R. Civ. P. 23(g)(3), the Court designates as Interim Co-Lead Counsel for the Exchange-Based Plaintiff class, Kirby Mcinerney LLP, and Lovell Stewart Halebian Jacobson LLP. (Signed by Judge Naomi Reice Buchwald on 12/22/2011) Filed In Associated Cases: 1:11-cv-02613-NRB et al.(tro)
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Legal Document (Payment Possibly Required) 10 Filed: 12/22/2011, Entered: 12/23/2011 OrderCourt Filing
MEMORANDUM: Having reviewed plaintiffs' Joint Motion for Pretrial No. 1, the letter of Robert F. Wise, Esq., submitted on behalf of defense counsel on December 20, 2011, and two letters from plaintiff's counsel in Van de Velde v. Bank of America Corp., 11 Civ. 6120 (GBD), dated December 16 and December 21, 2011, we have reconsidered our decision to not consolidate the Van de Vel de action with the class action complaints in the multi-district litigation before this Court, and with the consent of Judge Daniels, accept the Van de Velde action as related and consolidate it with the exchange-based plaintiff actions pursuant to Rule 42(a) of the F.R.C.P. (Signed by Judge Naomi Reice Buchwald on 12/22/2011) Filed In Associated Cases: 1:11-md-02262-NRB et al.(tro)
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Blank  Filed: None, Entered: None Case Consolidation - Member
CONSOLIDATED MEMBER CASE: Create association to 1:11-cv-02613-NRB. (tro)
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Legal Document (Payment Possibly Required) 9 Filed: 12/19/2011, Entered: 12/19/2011 Order on Motion to Appear Pro Hac ViceCourt Filing
ORDER FOR ADMISSION PRO HAC VICE in case 1:11-cv-02613-NRB; granting (75) Motion for Jonathan Gimblett to Appear Pro Hac Vice in case 1:11-md-02262-NRB. Jonathan Gimblett is admitted to practice Pro Hac Vice in this case, and in all actions that have been transferred into that action, in the United States District Court for the Southern District of New York. (Signed by Magistrate Judge Naomi R. (Magistrate) Buchwald on 12/16/2011) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ft)
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Legal Document (Payment Possibly Required) 8 Filed: 12/19/2011, Entered: 12/19/2011 Order on Motion to Appear Pro Hac ViceCourt Filing
ORDER FOR ADMISSION PRO HAC VICE in case 1:11-cv-02613-NRB; granting (74) Motion for Thomas A. Isaacson to Appear Pro Hac Vice in case 1:11-md-02262-NRB. Thomas A. Isaacson is admitted to practice Pro Hac Vice in this case, and in all actions that have been transferred into that action, in the United States District Court for the Southern District of New York. (Signed by Judge Naomi Reice Buchwald on 12/16/2011) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ft)
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Legal Document (Payment Possibly Required) 7 Filed: 12/19/2011, Entered: 12/19/2011 Order on Motion to Appear Pro Hac ViceCourt Filing
ORDER FOR ADMISSION PRO HAC VICE in case 1:11-cv-02613-NRB; granting (76) Motion for Alan M. Wiseman to Appear Pro Hac Vice in case 1:11-md-02262-NRB. Alan M. Wiseman is admitted to practice Pro Hac Vice in this case, and in all actions that have been transferred into that action, in the United States District Court for the Southern District of New York. (Signed by Judge Naomi Reice Buchwald on 12/16/2011) Filed In Associated Cases: 1:11-md-02262-NRB et al.(ft)
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Legal Document (Payment Possibly Required) 6 Filed: 12/15/2011, Entered: 12/15/2011, Terminated: 12/22/2011 Motion for Pretrial
MOTION for Pre-Trial Order No. 1. Document filed by Mayor and City Council of Baltimore. (Attachments: # (1) Text of Proposed Order Proposed Pretrial Order No. 1)Filed In Associated Cases: 1:11-md-02262-NRB et al.(Bunche, Ralph)
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Legal Document (Payment Possibly Required) 5 Filed: 11/29/2011, Entered: 11/30/2011 OrderCourt Filing
ORDER: For the foregoing reasons, we hereby order: (1) that the LIBOR-related class action complaints currently pending before this Court be consolidated for all purposes under Federal Rule of Civil Procedure 42(a), under the following caption: In Re: Libor-Based Financial Instruments Antitrust Litigation, Master File No. 1:11-md-02262-NRB; (2) that the law firms of Hausfeld LLP and Susman and Godfrey LLP are appointed to serve as interim class counsel for the putative class of over-the-counter plaintiffs; (3) that the law firms of Kirby McInerney LLP and Lovell Stewart Halebian Jacobson LLP are appointed to serve as interim class counsel for the putative class of exchange-based plaintiffs; and (4) within 20 days, interim class counsel shall submit to this Court a proposed order to facilitate their representation of the putative classes and to advance the conduct and progress of the litigation. (Signed by Judge Naomi Reice Buchwald on 11/29/2011) Filed In Associated Cases: 1:11-md-02262-NRB et al. Copies Mailed By Chambers. (ae)
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Blank  Filed: None, Entered: None Case Consolidation - Member
CONSOLIDATED MEMBER CASE: Create association to 1:11-md-02262-NRB.. (ae)
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Legal Document (Payment Possibly Required) 4 Filed: 11/8/2011, Entered: 11/8/2011 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 01, 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) (pgu) (sjo). (Main Document 4 replaced on 11/9/2011) (sjo).
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Legal Document (Payment Possibly Required) 3 Filed: 11/8/2011, Entered: 11/8/2011 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 Theodore H. Katz 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) 2 Filed: 10/28/2011, Entered: 11/1/2011 Rule 7.1 Corporate Disclosure Statement
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Metzler Investment GmbH.(ama)
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Legal Document (Payment Possibly Required) 1 Filed: 10/28/2011, Entered: 11/1/2011 Complaint
COMPLAINT against Bank Of America Corporation, Barclays Bank PLC, Citibank NA, Credit Suisse Group AG, Deutsche Bank AG, HSBC Holdings plc, J.P. Morgan Chase & Co., Lloyds Banking Group PLC, Royal Bank Of Scotland Group PLC, The Norinchukin Bank, UBS AG, WESTLB AG. (Filing Fee $ 350.00, Receipt Number 20386)Document filed by Metzler Investment GmbH.(ama)
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Blank  Filed: None, Entered: None Case Designated ECF.
Case Designated ECF. (ama)
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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-cv-2613;11-md-2262. (ama)
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Blank  Filed: None, Entered: None Summons Issued
SUMMONS ISSUED as to Bank Of America Corporation, Barclays Bank PLC, Citibank NA, Credit Suisse Group AG, Deutsche Bank AG, HSBC Holdings plc, J.P. Morgan Chase & Co., Lloyds Banking Group PLC, Royal Bank Of Scotland Group PLC, The Norinchukin Bank, UBS AG, WESTLB AG. (ama)
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