CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated August 7, 2014, Defendants' motion to dismiss is granted and all of Plaintiffs' non-federal claims are dismissed for lack of jurisdiction; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 8/11/2014) (Attachments: # 1 Notice of Right to Appeal, # 2 Notice of Right to Appeal)(jno) (Entered: 08/11/2014)
OPINION AND ORDER re: 60 MOTION to Dismiss Consolidated Complaint. For the reasons stated above, Plaintiffs have failed to state a claim under the IAA. Accordingly, IT IS HEREBY ORDERED THAT Defendants' motion to dismiss Plaintiffs' federal claim is GRANTED. IT IS FURTHER ORDERED THAT all of Plaintiffs' non-federal claims are dismissed for lack of jurisdiction. The Clerk of the Court is respectfully directed to terminate all motions and close this case. (Signed by Judge Richard J. Sullivan on 8/7/2014) (cd) Modified on 9/11/2014 (tp). (Entered: 08/11/2014)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/23/14 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...(Rodriguez, Somari) (Entered: 06/18/2014)
TRANSCRIPT of Proceedings re: CONFERENCE held on 5/23/2014 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Sabrina D'Emidio, (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 7/14/2014. Redacted Transcript Deadline set for 7/24/2014. Release of Transcript Restriction set for 9/19/2014.(Rodriguez, Somari) (Entered: 06/18/2014)
ENDORSED LETTER addressed to Judge Richard J. Sullivan from Joseph McLaughlin, William G. McGuiness, Herbert M. Wachtell, and Karin A. DeMasi dated 5/30/2014 re: Errors found in transcript to be rectified by the court reporter. ENDORSEMENT: So Ordered. (Signed by Judge Richard J. Sullivan on 5/30/2014) (cd) (Entered: 06/02/2014)
NOTICE of English Translation of Article 45 of the Dutch Securities Act re: 82 Memorandum of Law in Opposition to Motion. Document filed by Jeffrey D. Hall, Omega Overseas Partners, Ltd.. (Attachments: # 1 Exhibit Affidavit, English Translation)(Baron, Randall) (Entered: 05/21/2014)
SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: 60 MOTION to Dismiss Consolidated Complaint. Plaintiffs' Supplemental Brief in Response to the Court's May 8, 2014 Order. Document filed by Omega Overseas Partners, Ltd.. (Baron, Randall) (Entered: 05/16/2014)
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 60 MOTION to Dismiss Consolidated Complaint. . Document filed by Patrick Dear, Rupert Dorey, Reade Griffith, Jeff Herlyn, David Jeffreys, Byron Knief, Polygon Credit Holdings II Ltd, Polygon Credit Holdings Ltd., Michael Rosenberg, Tetragon Financial Management GP LLC, Tetragon Financial Management LP, Greville V.B. Ward, David Wishnow. (Wachtell, Herbert) (Entered: 05/16/2014)
ORDER: Accordingly, IT IS HEREBY ORDERED THAT, no later than May 16, 2014, the parties shall each submit supplemental briefing, not to exceed 10-pages double-spaced, addressing whether the Amended Complaint states a claim under § 215(b) of the IAA. The parties shall also be prepared to discuss this issue at oral argument on May 23, 2014. (Brief due by 5/16/2014.) (Signed by Judge Richard J. Sullivan on 5/8/2014) (tro) (Entered: 05/09/2014)
CERTIFICATE OF SERVICE of Reply Papers in Further Support of Defendants' Motion to Dismiss served on Plaintiffs on 4/11/2014. Document filed by Patrick Dear, Rupert Dorey, Reade Griffith, Jeff Herlyn, David Jeffreys, Byron Knief, Polygon Credit Holdings II Ltd, Polygon Credit Holdings Ltd., Michael Rosenberg, Tetragon Financial Group Limited, Tetragon Financial Management GP LLC, Tetragon Financial Management LP, Greville V.B. Ward, David Wishnow. (Mock, Jasand) (Entered: 04/11/2014)
DECLARATION of Scott M. Danner in Support re: 60 MOTION to Dismiss Consolidated Complaint.. Document filed by Patrick Dear, Rupert Dorey, Reade Griffith, Jeff Herlyn, David Jeffreys, Byron Knief, Polygon Credit Holdings II Ltd, Polygon Credit Holdings Ltd., Michael Rosenberg, Tetragon Financial Group Limited, Tetragon Financial Management GP LLC, Tetragon Financial Management LP, Greville V.B. Ward, David Wishnow. (Wachtell, Herbert) (Entered: 04/11/2014)
DECLARATION of Alan Merrien in Support re: 60 MOTION to Dismiss Consolidated Complaint.. Document filed by Patrick Dear, Rupert Dorey, Reade Griffith, Jeff Herlyn, David Jeffreys, Byron Knief, Polygon Credit Holdings II Ltd, Polygon Credit Holdings Ltd., Michael Rosenberg, Tetragon Financial Group Limited, Tetragon Financial Management GP LLC, Tetragon Financial Management LP, Greville V.B. Ward, David Wishnow. (Wachtell, Herbert) (Entered: 04/11/2014)
DECLARATION of Richard Snowden QC in Support re: 60 MOTION to Dismiss Consolidated Complaint.. Document filed by Patrick Dear, Rupert Dorey, Reade Griffith, Jeff Herlyn, David Jeffreys, Byron Knief, Polygon Credit Holdings II Ltd, Polygon Credit Holdings Ltd., Michael Rosenberg, Tetragon Financial Group Limited, Tetragon Financial Management GP LLC, Tetragon Financial Management LP, Greville V.B. Ward, David Wishnow. (Wachtell, Herbert) (Entered: 04/11/2014)
REPLY MEMORANDUM OF LAW in Support re: 60 MOTION to Dismiss Consolidated Complaint.. Document filed by Patrick Dear, Rupert Dorey, Reade Griffith, Jeff Herlyn, David Jeffreys, Byron Knief, Polygon Credit Holdings II Ltd, Polygon Credit Holdings Ltd., Michael Rosenberg, Tetragon Financial Group Limited, Tetragon Financial Management GP LLC, Tetragon Financial Management LP, Greville V.B. Ward, David Wishnow. (Wachtell, Herbert) (Entered: 04/11/2014)
MEMO ENDORSEMENT on re: 88 Letter, filed by David Wishnow, Patrick Dear, Rupert Dorey, Byron Knief, Polygon Credit Holdings II Ltd, David Jeffreys, Jeff Herlyn, Michael Rosenberg, Tetragon Financial Group Limited, Polygon Credit Holdings Ltd., Reade Griffith, Greville V.B. Ward, Tetragon Financial Management LP, Tetragon Financial Management GP LLC. ENDORSEMENT: IT IS HEREBY ORDERED THAT Defendants may submit a single 20-page reply brief addressing all of their arguments. IT IS FURTHER ORDERED THAT Defendants' request to submit three additional declarations and one transmittal declaration is GRANTED. IT IS FURTHER ORDERED THAT the Court will inform the parties if it determines that a sur-reply or additional declarations are necessary. (Signed by Judge Richard J. Sullivan on 3/24/2014) (ajs) (Entered: 03/24/2014)
LETTER addressed to Judge Richard J. Sullivan from Bradley R. Wilson dated 3/18/2014 re: Omega Overseas Partners Ltd. v. Griffith, 13-cv-4202 (RJS). Document filed by Patrick Dear, Rupert Dorey, Reade Griffith, Jeff Herlyn, David Jeffreys, Byron Knief, Polygon Credit Holdings II Ltd, Polygon Credit Holdings Ltd., Michael Rosenberg, Tetragon Financial Group Limited, Tetragon Financial Management GP LLC, Tetragon Financial Management LP, Greville V.B. Ward, David Wishnow.(Wilson, Bradley) (Entered: 03/18/2014)
DECLARATION of Professor Marcelle Arak in Opposition re: 60 MOTION to Dismiss Consolidated Complaint.. Document filed by Jeffrey D. Hall, Omega Overseas Partners, Ltd.. (Baron, Randall) (Entered: 03/14/2014)
DECLARATION of Andrew Douglas Laws in Opposition re: 60 MOTION to Dismiss Consolidated Complaint.. Document filed by Jeffrey D. Hall, Omega Overseas Partners, Ltd.. (Baron, Randall) (Entered: 03/14/2014)
DECLARATION of Benedict John Wakelin Hubble QC in Opposition re: 60 MOTION to Dismiss Consolidated Complaint.. Document filed by Jeffrey D. Hall, Omega Overseas Partners, Ltd.. (Baron, Randall) (Entered: 03/14/2014)
MEMORANDUM OF LAW in Opposition re: 60 MOTION to Dismiss Consolidated Complaint.. Document filed by Jeffrey D. Hall, Omega Overseas Partners, Ltd.. (Baron, Randall) (Entered: 03/14/2014)
MOTION for David Wissbroecker to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jeffrey D. Hall, Omega Overseas Partners, Ltd.. (Attachments: # 1 Attachment: Certificate of Good Standing)(Reich, Mark) (Entered: 03/12/2014)
ORDER FOR ADMISSION PRO HAC VICE ON ORAL MOTION. Attorney David T. Wissbroecker for Omega Overseas Partners, Ltd. admitted Pro Hac Vice. IT IS HEREBY ORDERED that applicant is admitted to practice Pro Hae Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. Counsel shall immediately forward the Pro Hae Vice fee to the Clerk of the Court. (Signed by Judge Richard J. Sullivan on 3/11/2014) (cd) (Entered: 03/12/2014)
ORDER re: 77 Letter, filed by Jeffrey D. Hall, Omega Overseas Partners, Ltd. Accordingly, IT IS HEREBY ORDERED THAT Plaintiffs'request to compel Defendants to produce documents on the issue of personal jurisdiction beyond what Defendants offer to provide in the joint letter (Doc. No. 77 at 4) is DENIED. IT IS FURTHER ORDERED THAT Plaintiffs' request to compel discovery on forum non conveniens beyond interrogatories is DENIED. IT IS FURTHER ORDERED THAT Defendants need not make anyone available for a deposition on the issue of forum non conveniens, provided, however, that if Defendants choose not make an individual available for a deposition on this issue, the Court will not consider any affidavits or declarations submitted by that individual on this issue. (Signed by Judge Richard J. Sullivan on 3/3/2014) (cd) (Entered: 03/04/2014)
JOINT LETTER addressed to Judge Richard J. Sullivan from Randall J. Baron dated 02/28/14 re: discovery dispute. Document filed by Jeffrey D. Hall, Omega Overseas Partners, Ltd.. (Attachments: # 1 Exhibit A - Revised discovery requests)(Baron, Randall) (Entered: 02/28/2014)
ORDER: Accordingly, IT IS HEREBY ORDERED THAT Plaintiffs' motion is denied to the extent that it seeks discovery on any merits issues. IT IS FURTHER ORDERED THAT Plaintiffs shall amend their discovery request to comply with this Order. To the extent any disputes on these issues remain, the parties shall submit a joint letter addressing those disputes no later than February 28, 2014. If, after considering the evidence submitted in support of and in opposition to the motion to dismiss, the Court finds that Plaintiffs have established a genuine issue of material fact as to the existence of personal jurisdiction, and if at that point Defendants still wish to contest the issue, Defendants may then seek an evidentiary hearing to determine whether Plaintiff has proven by a preponderance of the evidence that personal jurisdiction exists. (Signed by Judge Richard J. Sullivan on 2/25/2014) (cd) (Entered: 02/25/2014)
JOINT LETTER addressed to Judge Richard J. Sullivan from Randall J. Baron dated 02/20/14 re: Discovery dispute. Document filed by Jeffrey D. Hall, Omega Overseas Partners, Ltd.. (Attachments: # 1 Exhibit Discovery requests)(Baron, Randall) (Entered: 02/20/2014)
ORDER re: 72 Letter filed by Jeffrey D. Hall, Omega Overseas Partners, Ltd., 73 Letter, filed by David Wishnow, Patrick Dear, Rupert Dorey, Byron Knief, Polygon Credit Holdings II Ltd, David Jeffreys, Jeff Herlyn, Michael Rosenberg, Tetragon Financial Group Limited, Polygon Credit Holdings Ltd., Reade Griffith, Greville V.B. Ward, Tetragon Financial Management LP, Tetragon Financial Management GP LLC. IT IS HEREBY ORDERED THAT, to allow for limited discovery, the deadline for Plaintiffs' opposition memorandum is adjourned to 3/14/2014. Defendants shall submit their reply memoranda no later than 4/11/2014. No further extensions will be permitted. IT IS FURTHER ORDERED THAT the parties shall appear for oral argument on these motions on 5/23/2014 at 2:00 p.m. Set Deadlines/Hearing as to 72 Letter, 73 Letter, 60 MOTION to Dismiss Consolidated Complaint: (Responses due by 3/14/2014, Replies due by 4/11/2014.), ( Oral Argument set for 5/23/2014 at 02:00 PM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 4/4/2014) (tro) (Entered: 02/05/2014)
LETTER addressed to Judge Richard J. Sullivan from Bradley R. Wilson dated 2/03/2014 re: Omega Overseas Partners, Ltd. v. Griffith, 13-cv-4202 (RJS). Document filed by Patrick Dear, Rupert Dorey, Reade Griffith, Jeff Herlyn, David Jeffreys, Byron Knief, Polygon Credit Holdings II Ltd, Polygon Credit Holdings Ltd., Michael Rosenberg, Tetragon Financial Group Limited, Tetragon Financial Management GP LLC, Tetragon Financial Management LP, Greville V.B. Ward, David Wishnow.(Wilson, Bradley) (Entered: 02/03/2014)
LETTER addressed to Judge Richard J. Sullivan from Randall J. Baron dated 01/31/2014 re: Extension of time to file Opposition to Motion to Dismiss. Document filed by Jeffrey D. Hall, Omega Overseas Partners, Ltd..(Baron, Randall) (Entered: 01/31/2014)
ORDER: For the forgoing reasons, IT IS HEREBY ORDERED THAT Defendants' request to compel is DENIED. (Signed by Judge Richard J. Sullivan on 1/27/2014) (cd) (Entered: 01/28/2014)
CERTIFICATE OF SERVICE of Motion Papers served on Plaintiffs on 1/13/2014. Document filed by Patrick Dear, Rupert Dorey, Reade Griffith, Jeff Herlyn, David Jeffreys, Byron Knief, Polygon Credit Holdings II Ltd, Polygon Credit Holdings Ltd., Michael Rosenberg, Tetragon Financial Group Limited, Tetragon Financial Management GP LLC, Tetragon Financial Management LP, Greville V.B. Ward, David Wishnow. (Mock, Jasand) (Entered: 01/13/2014)
DECLARATION of Alan Merrien in Support re: 60 MOTION to Dismiss Consolidated Complaint.. Document filed by Patrick Dear, Rupert Dorey, Reade Griffith, Jeff Herlyn, David Jeffreys, Byron Knief, Polygon Credit Holdings II Ltd, Polygon Credit Holdings Ltd., Michael Rosenberg, Tetragon Financial Group Limited, Tetragon Financial Management GP LLC, Tetragon Financial Management LP, Greville V.B. Ward, David Wishnow. (Wachtell, Herbert) (Entered: 01/13/2014)
DECLARATION of Richard Snowden QC in Support re: 60 MOTION to Dismiss Consolidated Complaint.. Document filed by Patrick Dear, Rupert Dorey, Reade Griffith, Jeff Herlyn, David Jeffreys, Byron Knief, Polygon Credit Holdings II Ltd, Polygon Credit Holdings Ltd., Michael Rosenberg, Tetragon Financial Group Limited, Tetragon Financial Management GP LLC, Tetragon Financial Management LP, Greville V.B. Ward, David Wishnow. (Attachments: # 1 Annex A)(Wachtell, Herbert) (Entered: 01/13/2014)
DECLARATION of Philip Bland in Support re: 60 MOTION to Dismiss Consolidated Complaint.. Document filed by Patrick Dear, Rupert Dorey, Reade Griffith, Jeff Herlyn, David Jeffreys, Byron Knief, Polygon Credit Holdings II Ltd, Polygon Credit Holdings Ltd., Michael Rosenberg, Tetragon Financial Group Limited, Tetragon Financial Management GP LLC, Tetragon Financial Management LP, Greville V.B. Ward, David Wishnow. (Wachtell, Herbert) (Entered: 01/13/2014)
DECLARATION of David Jeffreys in Support re: 60 MOTION to Dismiss Consolidated Complaint.. Document filed by Patrick Dear, Rupert Dorey, Reade Griffith, Jeff Herlyn, David Jeffreys, Byron Knief, Polygon Credit Holdings II Ltd, Polygon Credit Holdings Ltd., Michael Rosenberg, Tetragon Financial Group Limited, Tetragon Financial Management GP LLC, Tetragon Financial Management LP, Greville V.B. Ward, David Wishnow. (Wachtell, Herbert) (Entered: 01/13/2014)
DECLARATION of Rupert Onesimus Dorey in Support re: 60 MOTION to Dismiss Consolidated Complaint.. Document filed by Patrick Dear, Rupert Dorey, Reade Griffith, Jeff Herlyn, David Jeffreys, Byron Knief, Polygon Credit Holdings II Ltd, Polygon Credit Holdings Ltd., Michael Rosenberg, Tetragon Financial Group Limited, Tetragon Financial Management GP LLC, Tetragon Financial Management LP, Greville V.B. Ward, David Wishnow. (Wachtell, Herbert) (Entered: 01/13/2014)
MEMORANDUM OF LAW in Support re: 60 MOTION to Dismiss Consolidated Complaint.. Document filed by Patrick Dear, Rupert Dorey, Reade Griffith, Jeff Herlyn, David Jeffreys, Byron Knief, Polygon Credit Holdings II Ltd, Polygon Credit Holdings Ltd., Michael Rosenberg, Tetragon Financial Group Limited, Tetragon Financial Management GP LLC, Tetragon Financial Management LP, Greville V.B. Ward, David Wishnow. (Wachtell, Herbert) (Entered: 01/13/2014)
MOTION to Dismiss Consolidated Complaint. Document filed by Patrick Dear, Rupert Dorey, Reade Griffith, Jeff Herlyn, David Jeffreys, Byron Knief, Polygon Credit Holdings II Ltd, Polygon Credit Holdings Ltd., Michael Rosenberg, Tetragon Financial Group Limited, Tetragon Financial Management GP LLC, Tetragon Financial Management LP, Greville V.B. Ward, David Wishnow. Responses due by 2/17/2014(Wachtell, Herbert) (Entered: 01/13/2014)
DECLARATION of Bradley R. Wilson in Support re: 55 Order, 54 Letter,. Document filed by Patrick Dear, Reade Griffith, Polygon Credit Holdings II Ltd, Polygon Credit Holdings Ltd., Tetragon Financial Management GP LLC, Tetragon Financial Management LP. (Attachments: # 1 Exhibit 1)(Mock, Jasand) (Entered: 01/06/2014)
AFFIDAVIT of David Bloom in Support re: 55 Order. Document filed by Jeffrey D. Hall, Omega Overseas Partners, Ltd.. (Cochran, Brian) (Entered: 01/06/2014)
ORDER: IT IS HEREBY ORDERED THAT the parties shall submit any affidavits, deposition excerpts, or other evidence concerning this issue no later than January 6, 2014. SO ORDERED. (Signed by Judge Richard J. Sullivan on 12/30/2013) (ama) (Entered: 12/30/2013)
JOINT LETTER addressed to Judge Richard J. Sullivan from Herbert M. Wachtell and Randall J. Baron dated December 27, 2013 re: Omega Overseas Partners, Ltd. v. Griffith, 13-cv-4202 (RJS). Document filed by Patrick Dear, Reade Griffith, Omega Overseas Partners, Ltd., Polygon Credit Holdings II Ltd, Polygon Credit Holdings Ltd., Tetragon Financial Management GP LLC, Tetragon Financial Management LP.(Wachtell, Herbert) (Entered: 12/27/2013)
MEMO ENDORSEMENT on re: 52 Letter, filed by David Wishnow, Patrick Dear, Rupert Dorey, Byron Knief, Polygon Credit Holdings II Ltd, David Jeffreys, Jeff Herlyn, Michael Rosenberg, Tetragon Financial Group Limited, Polygon Credit Holdings Ltd., Reade Griffith, Greville V.B. Ward, Tetragon Financial Management LP, Tetragon Financial Management GP LLC. ENDORSEMENT: IT IS HEREBY ORDERED THAT all Defendants shall submit a single brief, up to 50 pages in length, addressing all grounds for dismissal. Plaintiffs may also use up to 50 pages in their opposition. IT IS FURTHER ORDERED THAT Defendants' request for leave to submit additional affidavits and exhibits is GRANTED. SO ORDERED. (Signed by Judge Richard J. Sullivan on 12/13/2013) (ama) (Entered: 12/16/2013)
LETTER addressed to Judge Richard J. Sullivan from Herbert M. Wachtell dated 12/13/2013 re: Omega Overseas Partners, Ltd. v. Griffith, 13-cv-4202 (RJS). Document filed by Patrick Dear, Rupert Dorey, Reade Griffith, Jeff Herlyn, David Jeffreys, Byron Knief, Polygon Credit Holdings II Ltd, Polygon Credit Holdings Ltd., Michael Rosenberg, Tetragon Financial Group Limited, Tetragon Financial Management GP LLC, Tetragon Financial Management LP, Greville V.B. Ward, David Wishnow.(Wachtell, Herbert) (Entered: 12/13/2013)
ORDER re: 50 Letter filed by Jeffrey D. Hall, Omega Overseas Partners, Ltd., 49 Letter, filed by David Wishnow, Patrick Dear, Rupert Dorey, Byron Knief, Polygon Credit Holdings II Ltd, David Jeffreys, Jeff Herlyn, Michael Rosenberg, Tetragon Financial Group Limited, Polygon Credit Holdings Ltd., Reade Griffith, Greville V.B. Ward, Tetragon Financial Management LP, Tetragon Financial Management GP LLC. IT IS HEREBY ORDERED THAT Defendants shall submit their motions to dismiss no later than January 13, 2014. IT IS FURTHER ORDERED THAT Plaintiffs shall submit their opposition no later than February 17, 2014. IT IS FURTHER ORDERED THAT Defendants shall submit their reply no later than March 3, 2014. SO ORDERED. ( Motions due by 1/13/2014., Responses due by 2/17/2014, Replies due by 3/3/2014.) (Signed by Judge Richard J. Sullivan on 12/09/2013) (ama) (Entered: 12/11/2013)
LETTER addressed to Judge Richard J. Sullivan from Randall J. Baron dated 12/05/2013 re: Plaintiffs' pre-motion letter regarding anticipated motion to dismiss. Document filed by Jeffrey D. Hall, Omega Overseas Partners, Ltd..(Baron, Randall) (Entered: 12/05/2013)
LETTER addressed to Judge Richard J. Sullivan from Defendants dated 12/02/2013 re: Omega Overseas Partners, Ltd. v. Griffith, 13-cv-4202 (RJS). Document filed by Patrick Dear, Rupert Dorey, Reade Griffith, Jeff Herlyn, David Jeffreys, Byron Knief, Polygon Credit Holdings II Ltd, Polygon Credit Holdings Ltd., Michael Rosenberg, Tetragon Financial Group Limited, Tetragon Financial Management GP LLC, Tetragon Financial Management LP, Greville V.B. Ward, David Wishnow.(Wachtell, Herbert) (Entered: 12/02/2013)
ORDER: IT IS HEREBY ORDERED THAT Defendants shall submit a pre-motion letter regarding any anticipated motions to dismiss no later than December 2, 2013. IT IS FURTHER ORDERED THAT Plaintiffs shall submit a letter in response no later than December 5, 2013. IT IS FURTHER ORDERED THAT the time to answer the Amended Complaint is stayed pending resolution of any motions to dismiss. SO ORDERED. (Signed by Judge Richard J. Sullivan on 11/18/2013) (ama) (Entered: 11/19/2013)
ORDER: IT IS HEREBY ORDERED that, by Friday, November 1, 2013 at 4:00 p.m., the parties shall jointly submit a letter, not to exceed five (5) pages, providing the following information in separate paragraphs: A brief statement of the nature of the action and the principal defenses, and as further set forth in this document. (Signed by Judge Richard J. Sullivan on 10/23/2013) (cd) (Entered: 10/25/2013)
ORDER denying 27 Motion to Compel; granting in part and denying in part 30 Motion to Compel; granting in part and denying in part 33 Motion to Compel. For the foregoing reasons, IT IS HEREBY ORDERED THAT Defendants' requests to compel Plaintiffs to produce (a) responsive documents in the possession of any Omega person; (b) Cooperman's and Omega's arrangements with regard to litigation financing; (c) documents relating to the potential recruitment of derivative plaintiffs; (d) documents relating to potential arrangements with others concerning Tetragon; and (e) Omega's trading records for Tetragon stock are DENIED. Because the documents were provided by Plaintiffs only after Defendants submitted their motion to compel, Defendants may submit a motion for reasonable expenses incurred in submitting these requests. See Fed. R. Civ. P. 37(a)(5)(A), (C). IT IS FURTHER ORDERED THAT Defendants' requests to compel Plaintiffs to produce documents withheld on grounds of privilege, to provide a new privilege log, and to search for documents using new search terms are DENIED. Because the request is denied, Plaintiffs may submit a motion for reasonable expenses incurred in opposing these requests. See Fed. R. Civ. P. 37(a)(5)(B), (C). IT IS FURTHER ORDERED THAT Defendants' requests to compel Plaintiffs to produce documents withheld on grounds of privilege, to provide a new privilege log, and to search for documents using new search terms are DENIED. Because the request is denied, Plaintiffs may submit a motion for reasonable expenses incurred in opposing these requests. See Fed. R. Civ. P. 37(a)(5)(B), (C). IT IS FURTHER ORDERED THAT Defendants' requests to compel Hall to appear for a deposition prior to Defendants' filing of a motion to dismiss and to produce documents In response to Defendants' August 30 request sufficiently in advance of the deposition IS GRANTED. Because the request is granted. Defendants may submit a motion for reasonable expenses incurred in submitting these requests. See Fed. R. Civ. P. 37(a)(5)(A), (C). IT IS FURTHER ORDERED THAT Plaintiffs' motion to compel Defendants to produce documents concerning the adequacy of Omega to represent the interests of shareholders, including all documents to, from, or referencing Omega and Cooperman is DENIED. Because the motion is denied, Defendants may submit a motion for reasonable expenses incurred in opposing this motion. See Fed. R. Civ. P. 37(a)(5)(B). The clerk of the court is respectfully directed to terminate the motions pending at docket numbers 27, 30, and 33. SO ORDERED.(Signed by Judge Richard J. Sullivan on 10/22/2013) (ama) Modified on 10/24/2013 (ama). (Entered: 10/24/2013)
DECLARATION of A. Rick Atwood in Opposition re: 33 MOTION to Compel Omega/Hall to Discovery (Corrected). MOTION to Compel Omega/Hall to Discovery (Corrected).. Document filed by Jeffrey D. Hall, Omega Overseas Partners, Ltd.. (Baron, Randall) (Entered: 09/20/2013)
DECLARATION of Brian E. Cochran in Opposition re: 33 MOTION to Compel Omega/Hall to Discovery (Corrected). MOTION to Compel Omega/Hall to Discovery (Corrected).. Document filed by Jeffrey D. Hall, Omega Overseas Partners, Ltd.. (Attachments: # 1 Exhibit 1- Retainer Agreement, # 2 Exhibit 2 - 9-28-09 email chain)(Baron, Randall) (Entered: 09/20/2013)
MEMORANDUM OF LAW in Opposition re: 33 MOTION to Compel Omega/Hall to Discovery (Corrected). MOTION to Compel Omega/Hall to Discovery (Corrected).. Document filed by Jeffrey D. Hall, Omega Overseas Partners, Ltd.. (Baron, Randall) (Entered: 09/20/2013)
CERTIFICATE OF SERVICE of Opposition papers served on All parties on 9/20/2013. Document filed by Patrick Dear, Rupert Dorey, Reade Griffith, Jeff Herlyn, David Jeffreys, Byron Knief, Polygon Credit Holdings II Ltd, Polygon Credit Holdings Ltd., Michael Rosenberg, Tetragon Financial Management GP LLC, Tetragon Financial Management LP, Greville V.B. Ward, David Wishnow. (Wachtell, Herbert) (Entered: 09/20/2013)
MEMORANDUM OF LAW in Opposition re: 27 MOTION to Compel Defendants to Produce Documents Plaintiff Omega Overseas Partners, LTD's Motion to Compel Production of Documents. Memorandum of Law in Opposition to Plaintiff Omega's Motion to Compel. Document filed by Patrick Dear, Rupert Dorey, Reade Griffith, Jeff Herlyn, David Jeffreys, Byron Knief, Polygon Credit Holdings II Ltd, Polygon Credit Holdings Ltd., Michael Rosenberg, Tetragon Financial Management GP LLC, Tetragon Financial Management LP, Greville V.B. Ward, David Wishnow. (Wachtell, Herbert) (Entered: 09/20/2013)
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... This Addendum is an integral part of the Order of today's date granting confidentiality protection to certain materials. Notwithstanding any other provision of the Order, no document may be filed with the Clerk under seal without a further Order of this Court addressing the specific documents to be sealed. Any application to seal shall be accompanied by an affidavit or affidavits and a memorandum of law, demonstrating that the standards for sealing have been met and specifically addressing Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006) and any other controlling authority. Nothing herein is intended to alter or modify the applicability of Federal Rule of Civil Procedure 5.2 to this case. The redactions expressly authorized by Rule 5.2 may be made without further application to the Court.- (Signed by Judge Richard J. Sullivan on 9/16/2013) (ja) (Entered: 09/17/2013)
ENDORSED LETTER addressed to Judge Richard J. Sullivan, from Bradley R. Wilson, dated 9/13/2013, re: We represent defendants.... In accordance with the Court's Order dated September 4, 2013, we will be filing papers this evening in support of a motion to compel discovery from plaintiffs, which will include a memorandum of law, supporting affidavits, and related exhibits.... The parties have been negotiating a proposed protective order.... it is our understanding that the absence of a protective order will prevent Defendants from filing their motion papers under seal. To address this issue, and to ensure compliance with the Court's Order, Defendants intend to file redacted versions of their motion papers on the ECF system to preserve confidentiality with respect to the documents produced by plaintiffs.... Defendants will hand deliver to Chambers on Monday morning, September 16 - or earlier, if so requested - working copies of the motion papers, which will be appropriately stamped as including information designated as confidential. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 9/13/2013) (ja) (Entered: 09/16/2013)
MEMORANDUM OF LAW in Support re: 33 MOTION to Compel Omega/Hall to Discovery (Corrected). MOTION to Compel Omega/Hall to Discovery (Corrected).. Document filed by Patrick Dear, Reade Griffith, Polygon Credit Holdings II Ltd, Polygon Credit Holdings Ltd., Tetragon Financial Management GP LLC, Tetragon Financial Management LP. (Wachtell, Herbert) (Entered: 09/16/2013)
CERTIFICATE OF SERVICE of Motion to Compel served on All Parties on 09/13/2013. Document filed by Patrick Dear, Reade Griffith, Polygon Credit Holdings II Ltd, Polygon Credit Holdings Ltd., Tetragon Financial Management GP LLC, Tetragon Financial Management LP. (Wachtell, Herbert) (Entered: 09/16/2013)
MOTION to Compel Omega/Hall to Discovery (Corrected). Document filed by Patrick Dear, Reade Griffith, Polygon Credit Holdings II Ltd, Polygon Credit Holdings Ltd., Tetragon Financial Management GP LLC, Tetragon Financial Management LP. Return Date set for 9/20/2013 at 11:59 PM.(Wachtell, Herbert) (Entered: 09/16/2013)
FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - (SEE ENTRY# 35) MEMORANDUM OF LAW in Support re: 30 MOTION to Compel Omega/Hall to Discovery.. Document filed by Patrick Dear, Reade Griffith, Polygon Credit Holdings II Ltd, Polygon Credit Holdings Ltd., Tetragon Financial Management GP LLC, Tetragon Financial Management LP. (Wachtell, Herbert) Modified on 9/19/2013 (kj). (Entered: 09/13/2013)
FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - (SEE ENTRY# 33) MOTION to Compel Omega/Hall to Discovery. Document filed by Patrick Dear, Reade Griffith, Polygon Credit Holdings II Ltd, Polygon Credit Holdings Ltd., Tetragon Financial Management GP LLC, Tetragon Financial Management LP. Return Date set for 9/20/2013 at 11:59 PM.(Wachtell, Herbert) Modified on 9/19/2013 (kj). (Entered: 09/13/2013)
AFFIDAVIT of Randall J. Baron in Support re: 27 MOTION to Compel Defendants to Produce Documents Plaintiff Omega Overseas Partners, LTD's Motion to Compel Production of Documents.. Document filed by Omega Overseas Partners, Ltd.. (Attachments: # 1 Exhibit A - Plaintiff's First Request for Production, # 2 Exhibit B - Baron 7-22-13 letter, # 3 Exhibit C - Wilson 7-25-13 letter, # 4 Exhibit D - Baron 7-26-13 letter, # 5 Exhibit E - Baron 9-6-13 email, # 6 Exhibit F - search terms)(Baron, Randall) (Entered: 09/13/2013)
MEMORANDUM OF LAW in Support re: 27 MOTION to Compel Defendants to Produce Documents Plaintiff Omega Overseas Partners, LTD's Motion to Compel Production of Documents.. Document filed by Omega Overseas Partners, Ltd.. (Baron, Randall) (Entered: 09/13/2013)
MOTION to Compel Defendants to Produce Documents Plaintiff Omega Overseas Partners, LTD's Motion to Compel Production of Documents. Document filed by Omega Overseas Partners, Ltd..(Baron, Randall) (Entered: 09/13/2013)
CONSOLIDATED VERIFIED DERIVATIVE COMPLAINT FOR VIOLATIONS OF THE INVESTMENT ADVISERS ACT OF 1940, BREACH OF FIDUCIARY DUTY AND UNJUST ENRICHMENT against Patrick Dear, Rupert Dorey, Reade Griffith, Jeff Herlyn, David Jeffreys, Byron Knief, Polygon Credit Holdings II Ltd, Polygon Credit Holdings Ltd., Michael Rosenberg, Tetragon Financial Group Limited, Tetragon Financial Management GP LLC, Tetragon Financial Management LP, Greville V.B. Ward, David Wishnow, TFG Investment Manager, Polygon Management LP, Polygon Global Partners LP, Polygon Global Partners LLP, Perella Weinberg Partners LP, Perella Weinberg Partners UK LLP. Document filed by Omega Overseas Partners, Ltd., Jeffrey D. Hall.(lmb) (Entered: 09/12/2013)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/4/13 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...(Rodriguez, Somari) (Entered: 09/09/2013)
TRANSCRIPT of Proceedings re: CONFERENCE held on 9/4/2013 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Kristen Carannante, (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 10/3/2013. Redacted Transcript Deadline set for 10/15/2013. Release of Transcript Restriction set for 12/12/2013.(Rodriguez, Somari) (Entered: 09/09/2013)
ORDER FOR ADMISSION PRO HAC VICE: granting 14 Motion for Darren J. Robbins to Appear Pro Hac Vice. The motion of Darren J. Robbins for admission to practice pro hac vice in the above-captioned action is granted. IT IS SO ORDERED.(Signed by Judge Richard J. Sullivan on 9/03/2013) (ama) (Entered: 09/05/2013)
ORDER: On September 4, 2013, the Court held a conference to discuss Defendants' requests to consolidate the two above-captioned cases, to adjourn the deadline for their answer to the Complaint in Hall, and to make a motion to compel discovery. For the reasons discussed at the September 4 conference, IT IS HEREBY ORDERED THAT Hall v. Griffith, No. 13 Civ. 5791 (RJS), is dismissed. Plaintiffs shall file an amended complaint in Omega Overseas Partners no later than September 11, 2013. IT IS FURTHER ORDERED THAT Defendants shall file their motion to compel discovery no later than September 13, 2013. Plaintiffs shall submit any response by September 20, 2013. IT IS FURTHER ORDERED THAT all discovery in the above-captioned cases and all future related cases is stayed pending the disposition of the motion to compel. IT IS FURTHER ORDERED THAT Defendants' deadline to answer the forthcoming amended complaint is stayed pending the disposition of the motion to compel ( Amended Pleadings due by 9/11/2013. Motions due by 9/13/2013. Responses due by 9/20/2013) (Signed by Judge Richard J. Sullivan on 9/4/2013) (djc) (Entered: 09/05/2013)
CERTIFICATE OF SERVICE of Notice of Appearance served on Omega Overseas Partners, LTD; Byron Knief; Greville V.B. Ward; Rupert Dorey; David Jeffreys; Jeff Herlyn; Michael Rosenberg; David Wishnow; Tetragon Financial Group Limited on 9-04-2013. Service was made by Mail and E-mail. Document filed by Patrick Dear, Reade Griffith, Polygon Credit Holdings II Ltd, Polygon Credit Holdings Ltd., Tetragon Financial Management GP LLC, Tetragon Financial Management LP. (Wilson, Bradley) (Entered: 09/04/2013)
NOTICE OF APPEARANCE by Bradley Reid Wilson on behalf of Patrick Dear, Reade Griffith, Polygon Credit Holdings II Ltd, Polygon Credit Holdings Ltd., Tetragon Financial Management GP LLC, Tetragon Financial Management LP. (Wilson, Bradley) (Entered: 09/04/2013)
NOTICE OF APPEARANCE by Noah Maxim Leibowitz on behalf of Rupert Dorey, David Jeffreys, Byron Knief, Greville V.B. Ward. (Leibowitz, Noah) (Entered: 09/03/2013)
NOTICE OF APPEARANCE by Joseph Michael McLaughlin on behalf of Rupert Dorey, David Jeffreys, Byron Knief, Greville V.B. Ward. (McLaughlin, Joseph) (Entered: 09/03/2013)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Polygon Credit Holdings II Limited for Tetragon Financial Group Limited. Document filed by Tetragon Financial Group Limited.(DeMasi, Karin) (Entered: 09/03/2013)
MOTION for Darren J. Robbins to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8830909. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Omega Overseas Partners, Ltd.. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Robbins, Darren) (Entered: 08/30/2013)
MOTION for Randall J. Baron to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8828195. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Omega Overseas Partners, Ltd.. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Baron, Randall) (Entered: 08/29/2013)
ORDER: The pre-motion conference scheduled for Friday, August 30, 2013, at 4:00 p.m. IS HEREBY ADJOURNED TO Wednesday, September 4, 2013, at 2:00 p.m. (Pre-Motion Conference set for 9/4/2013 at 02:00 PM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 8/27/2013) (tn) (Entered: 08/29/2013)
ORDER: Accordingly, It is hereby ordered that Plaintiffs in both of the above captioned cases shall submit a pre-motion letter responding to defendants' letter by August 26, 2013. The parties are further ordered to appear for a pre-motion conference on Friday, August 30, 2013, at 4:00 p.m. in Courtroom 905 of the United States District Court for the Southern district of New York, 40 Foley Square, New York, New York. So Ordered (Signed by Judge Richard J. Sullivan on 8/22/2013) (js) (Entered: 08/26/2013)
CERTIFICATE OF SERVICE of Notice of Appearance and Letter served on Jeffrey D. Hall; Bryon Knief; Greville V.B. Ward; Rupert Dorey; David Jeffreys; Jeff Herlyn, Michael Rosenberg; David Wishnow; Tetragon Financial Group Limited. on 8/21/2013. Document filed by Patrick Dear, Reade Griffith, Polygon Credit Holdings II Ltd, Polygon Credit Holdings Ltd., Tetragon Financial Management GP LLC, Tetragon Financial Management LP. (Mock, Jasand) (Entered: 08/22/2013)
NOTICE OF APPEARANCE by Herbert M Wachtell on behalf of Patrick Dear, Reade Griffith, Polygon Credit Holdings II Ltd, Polygon Credit Holdings Ltd., Tetragon Financial Management GP LLC, Tetragon Financial Management LP. (Wachtell, Herbert) (Entered: 08/21/2013)
ORDER FOR ADMISSION PRO HAC VICE: granting 5 Motion for Brian E. Cochran to Appear Pro Hac Vice. The motion of Brian E. Cochran for admission to practice pro hac vice in the above-captioned action is granted. (Signed by Judge Richard J. Sullivan on 8/08/2013) (ama) (Entered: 08/12/2013)
ORDER FOR ADMISSION PRO HAC VICE: granting 4 Motion for A. Rick Atwood to Appear Pro Hac Vice. The motion of A. Rick Atwood for admission to practice pro hac vice in the above-captioned action is granted.(Signed by Judge Richard J. Sullivan on 8/08/2013) (ama) (Entered: 08/12/2013)
MOTION for Brian E. Cochran to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8699542. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Omega Overseas Partners, Ltd.. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Cochran, Brian) (Entered: 07/17/2013)
MOTION for A. Rick Atwood to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8699443. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Omega Overseas Partners, Ltd.. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Atwood, A.) (Entered: 07/17/2013)
STIPULATION AND ORDER FOR EXTENSION OF TIME: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for the parties that: All defendants hereby agree to waive service of the summons and the Complaint. Nothing herein shall be deemed to constitute a waiver of, and defendants do not waive and expressly preserve, all rights, arguments, and defenses in the captioned action, including without limitation all defenses and objections related to personal jurisdiction and venue. For the avoidance of doubt, defendants expressly reserve the right to seek the dismissal of this action on the ground of forum non conveniens. Given the number of foreign defendants named in the Complaint, who pursuant to Rule 4(d)(3) of the Federal Rules of Civil Procedure are entitled to 90 days from the date a formal request for a waiver of service is sent to answer, move against, or otherwise respond to the Complaint, in the interest of orderly procedure, the time for all defendants to answer, move against, or otherwise respond to the Complaint shall be 90 days from the date of this stipulation. Nothing herein shall be deemed to preclude defendants from seeking an extension of their time to answer, move against, or otherwise respond to the Complaint on appropriate grounds. IT IS SO ORDERED. (Signed by Judge Richard J. Sullivan on 7/02/2013) (ama) (Entered: 07/03/2013)
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) (jd) (Entered: 06/19/2013)
COMPLAINT against Patrick Dear, Rupert Dorey, Reade Griffith, Jeff Herlyn, David Jeffreys, Byron Knief, Polygon Credit Holdings II Ltd, Polygon Credit Holdings Ltd., Michael Rosenberg, Tetragon Financial Group Limited, Tetragon Financial Management GP LLC, Tetragon Financial Management LP, Greville V.B. Ward, David Wishnow. (Filing Fee $ 350.00, Receipt Number 465401070052)Document filed by Omega Overseas Partners, Ltd.(jd) (Entered: 06/19/2013)
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