| Court: | nysd |
| Docket #: | 1:12-md-02338 |
| Case Name: | In Re: MF Global Holdings Ltd. Investment Litigation |
| PACER case #: | 395515 |
| Date filed: | 2012-04-23 |
| Date of last filing: | 2012-05-16 |
| Assigned to: | Judge Victor Marrero |
| Case Cause: | 15:78m(a) Securities Exchange Act |
| Nature of Suit: | 850 Securities/Commodities |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Virginia Retirement System Lead Plaintiff |
Christopher J. Keller Cynthia A Hanawalt Dominic J. Auld Gerald H. Silk Hannah Elizabeth Ross Iona Maria May Evans Javier Bleichmar Salvatore Jo Graziano Sean K. O'Dowd Stefanie Jill Sundel Stephen William Tountas |
| Her Majesty the Queen in Right of Alberta Lead Plaintiff |
Christopher J. Keller Cynthia A Hanawalt Dominic J. Auld Gerald H. Silk Hannah Elizabeth Ross Iona Maria May Evans Javier Bleichmar Salvatore Jo Graziano Sean K. O'Dowd Stefanie Jill Sundel Stephen William Tountas |
| Sapere CTA Fund, LP Plaintiff |
John J. Witmeyer , III Jon Ryan Grabowski |
| Joseph Deangelis Plaintiff Individually and on behalf of all others similarly situated |
Brian C. Kerr David A.P. Brower Jason Mathew Leviton Jeffrey Craig Block Scott A Mays Whitney Erin Street |
| City of Philadelphia Board of Pensions and Retirement and Palisade Strategic Master Fund (Cayman) Limited Plaintiff |
Russell David Paul |
| Jerome Vrabel Plaintiff |
Amanda Marjorie Steiner Christina H. C. Sharp Daniel Charles Girard |
| Henning-Carey Proprietary Trading, LLC Plaintiff |
Claire E. Gorman Kenny Edward T. Joyce Hanh Diep Meyers Katherine Therese Hartmann Michael H. Moirano Peter B. Carey Rowena T. Parma |
| Charles Carey Plaintiff |
Claire E. Gorman Kenny Edward T. Joyce Hanh Diep Meyers Katherine Therese Hartmann Michael H. Moirano Peter B. Carey Rowena T. Parma |
| Joseph Niciforo Plaintiff |
Claire E. Gorman Kenny Edward T. Joyce Hanh Diep Meyers Katherine Therese Hartmann Michael H. Moirano Peter B. Carey Rowena T. Parma |
| Robert Tierney Plaintiff |
Claire E. Gorman Kenny Edward T. Joyce Hanh Diep Meyers Katherine Therese Hartmann Michael H. Moirano Peter B. Carey Rowena T. Parma |
| James Groth Plaintiff |
Claire E. Gorman Kenny Edward T. Joyce Hanh Diep Meyers Katherine Therese Hartmann Michael H. Moirano Peter B. Carey Rowena T. Parma |
| Brian Fisher Plaintiff |
Claire E. Gorman Kenny Edward T. Joyce Hanh Diep Meyers Katherine Therese Hartmann Michael H. Moirano Peter B. Carey Rowena T. Parma |
| Shane McMahon Plaintiff |
Claire E. Gorman Kenny Edward T. Joyce Hanh Diep Meyers Katherine Therese Hartmann Michael H. Moirano Peter B. Carey Rowena T. Parma |
| Michael Mette Plaintiff |
Claire E. Gorman Kenny Edward T. Joyce Hanh Diep Meyers Katherine Therese Hartmann Michael H. Moirano Peter B. Carey Rowena T. Parma |
| Timothy Zaug Plaintiff individually and on behalf of all others similarly situated |
Claire E. Gorman Kenny Edward T. Joyce Hanh Diep Meyers Katherine Therese Hartmann Michael H. Moirano Peter B. Carey Rowena T. Parma |
| Daniel M Pierce Plaintiff |
Clinton A. Krislov |
| Gregory Bartell Plaintiff on behalf of themselves and all others similarly situated |
Clinton A. Krislov |
| Juan P Arvelo Plaintiff Derivatively On Behalf Of the MF Global Ltd. Employee Stock Purchase Plan, The MF Global Ltd. 2007 Long Term Incentive Plan, and The MF Global Ltd. Approved Savings-Related Share Option Plan-A Sub Plan of the MF Global Ltd. Employee Stock Purchase Plan |
Gregory M. Egleston Thomas James McKenna |
| Paul Hamann Plaintiff |
Paul Hamann |
| Juan P. Arvelo Consolidated Plaintiff |
Juan P. Arvelo |
| Monica Rodriguez Consolidated Plaintiff individually and on behalf of all others similarly situated |
Amanda Marjorie Steiner Christina H. C. Sharp Daniel Charles Girard Edward H. Glenn , Jr. Jacob H. Zamansky |
| Cyrille Guillaume Consolidated Plaintiff individually and on behalf of all others similarly situated |
Amanda Marjorie Steiner Daniel Charles Girard Edward H. Glenn , Jr. Jacob H. Zamansky |
| Ernesto Espinoza Consolidated Plaintiff |
Ernesto Espinoza |
| Vasil Petro Consolidated Plaintiff |
Vasil Petro |
| Double D Trading, LLC Consolidated Plaintiff |
Double D Trading, LLC |
| IBEW Local 90 Pension Fund Consolidated Plaintiff |
IBEW Local 90 Pension Fund |
| Plumbers' & Pipefitters' Local 562 Pension Fund Consolidated Plaintiff |
Plumbers' & Pipefitters' Local 562 Pension Fund |
| Davide Accomazzo Consolidated Plaintiff |
Christopher J. Gray Stephen David Oestreich |
| Roberto Calle Gracey Consolidated Plaintiff |
Roberto Calle Gracey |
| Robert A. Daly, Jr. Consolidated Plaintiff |
Robert A. Daly, Jr. |
| Summit Trust Company Consolidated Plaintiff on behalf of itself and all others similarly situated |
Andrei V. Rado Benjamin Yehuda Kaufman Carla F. Fredericks Charles Michael Plavi Jeffrey R. Krinsk Mark Leland Knutson |
| Kay P. Tee, LLC Consolidated Plaintiff |
Daniel John Walker Merrill G Davidoff Michael C. Dell'Angelo Roger Joel Bernstein |
| Thomas G. Moran Consolidated Plaintiff |
Daniel John Walker Merrill G Davidoff Michael C. Dell'Angelo Roger Joel Bernstein |
| John Andrew Szokolay Consolidated Plaintiff |
Daniel John Walker Merrill G Davidoff Michael C. Dell'Angelo Roger Joel Bernstein |
| Donald Tran Consolidated Plaintiff |
Daniel John Walker Merrill G Davidoff Michael C. Dell'Angelo Roger Joel Bernstein |
| The Bagwell Group Movant |
Jeremy Alan Lieberman |
| Banyan Capital Master Fund, Ltd. Movant |
Curtis Victor Trinko |
| Building Trades United Pension Trust Fund Movant |
Danielle Suzanne Myers Darren J. Robbins Samuel Howard Rudman |
| Union Asset Management Holding AG Movant |
Danielle Suzanne Myers Darren J. Robbins Samuel Howard Rudman |
| LRI Invest S.A. Movant |
Danielle Suzanne Myers Darren J. Robbins Samuel Howard Rudman |
| Paradigm Global Fund I Ltd. Movant |
Andrew J Entwistle Joshua Killion Porter |
| Paradigm Equities Ltd. Movant |
Andrew J Entwistle Joshua Killion Porter |
| Paradigm Asia Ltd. Movant |
Andrew J Entwistle Joshua Killion Porter |
| Zybr Holdings, LLC Movant |
Andrew J Entwistle Joshua Killion Porter |
| Augustus International Master Fund, L.P. Movant |
Andrew J Entwistle Joshua Killion Porter |
| William Schur Movant |
Andrew J Entwistle Joshua Killion Porter |
| Robert Marcin Movant |
James Joseph Sabella |
| H. Martin Klinker, Jr. Movant |
Imtiaz A. Siddiqui |
| Rocking K Land and Cattle, Inc. Movant |
Imtiaz A. Siddiqui |
| Philip Timothy Johnson Movant |
Imtiaz A. Siddiqui |
| Wade Jacobsen Movant |
Imtiaz A. Siddiqui |
| Futures Capital Management, LLC Movant |
Futures Capital Management, LLC |
| Ali A. Rangchi Bozorki Movant |
Ali A. Rangchi Bozorki |
| Jon S. Corzine Defendant TERMINATED: 07/10/2015 |
Andrew J. Levander Benjamin E. Rosenberg Caryn Lara Trombino Jonathan R. Streeter Matthew Lester Mazur Patrick M Collins Pravin B Rao Rebecca Kahan Waldman |
| Bradley I. Abelow Defendant |
Arthur Harold Aufses , III Michael Tremonte Paul Henry Schoeman Robin Marie Wilcox |
| Henri J, Steenkamp Defendant TERMINATED: 07/10/2015 |
Lee S Richards , III Neil Stephen Binder |
| David P. Bolger Defendant TERMINATED: 07/10/2015 |
David Brendan Toscano Edmund Polubinski , III Julia Nestor |
| Alison J. Carnwath Defendant |
|
| Eileen S. Fusco Defendant TERMINATED: 07/10/2015 |
David Brendan Toscano Edmund Polubinski , III Julia Nestor |
| David Gelber Defendant TERMINATED: 07/10/2015 |
David Brendan Toscano Edmund Polubinski , III Julia Nestor |
| Martin J. Glynn Defendant TERMINATED: 07/10/2015 |
David Brendan Toscano Edmund Polubinski , III Julia Nestor |
| Edward L. Goldberg Defendant TERMINATED: 07/10/2015 |
David Brendan Toscano Edmund Polubinski , III Julia Nestor |
| David I. Schamis Defendant TERMINATED: 07/10/2015 |
David Brendan Toscano Edmund Polubinski , III Julia Nestor |
| Robert S Sloan Defendant TERMINATED: 07/10/2015 |
David Brendan Toscano Edmund Polubinski , III Julia Nestor |
| Richard W. Gill Defendant |
Ashley Rebecca Garman G. Robert Gage , Jr. |
| Laurie R. Ferber Defendant |
Daniel E. Reynolds Frank H. Wohl Michael Dayton Longyear |
| John Ranald MacDonald Defendant TERMINATED: 07/10/2015 |
Dean Lindsay Chapman Estela Diaz Joseph Lee Sorkin Robert Henry Hotz , Jr |
| Tracey A. Lowery Whille Defendant |
Ashley Rebecca Garman G. Robert Gage , Jr. |
| Christine A. Serwinski Defendant |
Brett Gerald Canna Jayne S. Robinson Kathryn Ann McDonald |
| Michael G. Stockman Defendant |
James N. Benedict Justin Anthony Alfano Sean Miles Murphy Thomas A. Arena |
| Dennis A. Klejna Defendant TERMINATED: 11/28/2012 |
Helen Byung-Son Kim |
| Richard W Moore Defendant |
|
| Frederick R. Demler Defendant |
Lisamarie Frances Collins Therese Marie Doherty |
| Stephen Grady Defendant |
Lisamarie Frances Collins Therese Marie Doherty |
| Thomas F. Connolly Defendant |
Ashley Rebecca Garman G. Robert Gage , Jr. |
| Rick D. Leesley Defendant |
Lisamarie Frances Collins Therese Marie Doherty |
| David Simons Defendant |
Ashley Rebecca Garman G. Robert Gage , Jr. |
| J.C. Flowers & Co. LLC Defendant |
David William Feder Helen Virginia Cantwell Maeve L. O'Connor |
| Christy Vavra Defendant |
Harris Lee Kay Jeffry M. Henderson |
| Vinay Mahajan Defendant |
Gregory John O'Connell Philip Canning Patterson |
| Bradley Abelow Defendant |
Arthur Harold Aufses , III Craig Louis Siegel Michael Tremonte Paul Henry Schoeman |
| Sandler O'Neill & Partners, L.P. Defendant |
Adam Selim Hakki H. Miriam Farber Stuart Jay Baskin |
| J.P. Morgan Chase & Co. Defendant |
|
| Bernard Dan Consolidated Defendant |
Lisamarie Frances Collins Therese Marie Doherty |
| The MF Global LTD. Employee Stock Purchase Plan Defendant |
|
| The MF Global Ltd. 2007 Long Term Incentive Plan Defendant |
|
| The MF Global Ltd Approved Saving-Related Share Option Plan Defendant A Sub-Plan of the MF Global Ltd. Employee Stock Purchase Plan |
|
| Donna Dellosso Defendant JP Morgan Chase Bank TERMINATED: 07/18/2013 |
Matthew Charles Crowl |
| Craig Donohue Defendant CME Group TERMINATED: 07/18/2013 |
Gregory M Boyle |
| PricewaterhouseCoopers LLP Defendant TERMINATED: 03/24/2014 |
James J. Capra , Jr David M. Fine James P. Cusick Michael Pauze |
| J. Randy Macdonald Consolidated Defendant TERMINATED: 07/10/2015 |
Dean Lindsay Chapman Estela Diaz Joseph Lee Sorkin Robert Henry Hotz , Jr |
| Bernard Dan Consolidated Defendant |
Lisamarie Frances Collins Therese Marie Doherty |
| Goldman Sachs & Co. Consolidated Defendant |
Christopher Michael Joralemon Mark Adam Kirsch |
| CitiGroup Global Market, Inc. Consolidated Defendant |
Christopher Michael Joralemon Mark Adam Kirsch |
| Bank Of America Corporation Consolidated Defendant |
Christopher Michael Joralemon Mark Adam Kirsch |
| Merrill Lynch, Pierce, Fenner & Smith Incorporated Consolidated Defendant |
Christopher Michael Joralemon Mark Adam Kirsch |
| J.P. Morgan Securities Inc. Consolidated Defendant |
Christopher Michael Joralemon Mark Adam Kirsch |
| Deutsche Bank & Securities Inc. Consolidated Defendant |
Christopher Michael Joralemon Mark Adam Kirsch |
| RBS Securities Inc. Consolidated Defendant |
Christopher Michael Joralemon Mark Adam Kirsch |
| Jeffries & Company, Inc. Consolidated Defendant |
Adam Selim Hakki H. Miriam Farber Stuart Jay Baskin |
| John Does 1-10 Consolidated Defendant |
|
| BMO Capital Markets Corp. Consolidated Defendant |
Adam Selim Hakki H. Miriam Farber Stuart Jay Baskin |
| Commerz Markets LLC Consolidated Defendant TERMINATED: 06/26/2015 |
Adam Selim Hakki H. Miriam Farber Stuart Jay Baskin |
| Natxis Securities North America, Inc. Consolidated Defendant |
Adam Selim Hakki H. Miriam Farber Stuart Jay Baskin |
| Lebenthal & Co., LLC Consolidated Defendant |
Adam Selim Hakki H. Miriam Farber Stuart Jay Baskin |
| Edith O'Brien Consolidated Defendant |
Alejandro Gabriel Rosenberg Christopher James Barber Darren Bernens Kinkead Jonathan Daniel Miller |
| CME Group Inc. Consolidated Defendant |
Brian Jason Fischer Charles B. Sklarsky Gregory M Boyle Jeffrey S Eberhard |
| JP Morgan Chase & Co. Consolidated Defendant |
John F. Lynch John F Savarese Ralph M. Levene Steven Peter Winter |
| Arkansas Public Employees Retirement System ADR Provider |
Kenneth Mark Rehns |
| Rogers Varner, Jr. ADR Provider |
R. Bryant McCulley |
| Bearing Fund LP Plaintiff |
Bearing Fund LP |
| PS Energy Group Inc Consolidated Plaintiff |
PS Energy Group Inc |
| David Dunne Defendant |
Laura Steinberg |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2012-04-24 | 1 | 0 | MDL Conditional Transfer In Order | CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL... transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of New York, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Victor Marrero, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 4/23/2012) (sjo) (Entered: 04/24/2012) | ||
| 2012-04-24 | 2 | 0 | Standing Order re Complex Civil Cases | 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) (sjo) (Entered: 04/24/2012) | ||
| 2012-04-27 | 3 | 0 | Memorandum of Law | MEMORANDUM OF LAW Brief In Further Support Of The Consensus Leadership Groups Motion Pursuant To Fed. R. Civ. 23(G) To Be Appointed As Interim Class Counsel And In Response To The Supplemental Brief Submitted By Counsel For Plaintiffs Davide Accomazzo And Robert E. Calle Gracey. Document filed by Paradigm Global Fund I Ltd.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Entwistle, Andrew) (Entered: 04/27/2012) | ||
| 2012-05-07 | 4 | 0 | MDL Conditional Transfer In Order | CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-1) transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Illinois and Montana, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Victor Marrero, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 5/7/2012) (sjo) (Entered: 05/07/2012) | ||
| 2012-05-10 | 5 | 0 | Standing Order re Complex Civil Cases | 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. Filed In Associated Cases: 1:12-cv-03588-VM, 1:12-md-02338-VM (Signed by Judge Loretta A. Preska on 10-31-2012) (sjo) (Entered: 05/10/2012) | ||
| 2012-05-10 | 6 | 0 | Standing Order re Complex Civil Cases | 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.Filed In Associated Cases: 1:12-cv-03589-VM, 1:12-md-02338-VM (Signed by Judge Loretta A. Preska on 10/31/2011) (sjo) (Entered: 05/10/2012) | ||
| 2012-05-15 | 7 | 0 | MDL Order Lifting Stay of Conditional Transfer Order (case opening) | CERTIFIED TRUE COPY OF MDL ORDER FROM THE MDL PANEL LIFTING STAY OF CONDITIONAL TRANSFER ORDER... that the stay of the Panel's conditional transfer order designated as CTO-1, filed on 4/27/2012, is LIFTED and the action is transferred to the S.D.N.Y. for the coordinated or consolidated pretrial proceedings under 28 U.S.C. 1407 being conducted by the Honorable Victor Marrero. (Signed by MDL Panel on 5/15/2012) (sjo) (Entered: 05/16/2012) | ||
| 2012-05-16 | 8 | 0 | Standing Order re Complex Civil Cases | 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..Filed In Associated Cases: 1:12-cv-03884-VM, 1:12-md-02338-VM (Signed by Judge Loretta A. Preska on 10/31/2011) (sjo) (Entered: 05/16/2012) | ||
| 2012-05-16 | 9 | 0 | Notice of Appearance | NOTICE OF APPEARANCE by R. Bryant McCulley on behalf of Rogers Varner, Jr Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(McCulley, R.) (Entered: 05/16/2012) | ||
| 2012-05-21 | 10 | 0 | DECISION AND ORDER: Accordingly, it is hereby ORDERED that the motions of H. Martin Klinker, Jr., Rocking K Land and Cattle, Inc., Philip Timothy Johnson and Wade Jacobsen (Docket No. 162) and David Accomazzo and Robert E. Calle Gracey (Docket No. 170) are DENIED; and it is further ORDERED that the motions of Kay P. Tee, LLC, Thomas G. Moran, John Andrew Szokolay, Donald Tran, William Fleckenstein, Mark Dwyer, Thomas S. Wacker, and Summit Trust Company (Docket No. 155) and Paradigm Global Fund I Ltd., Paradigm Equities Ltd., Paradigm Asia Ltd., Zybr Holdings, LLC, Augustus International Master Fund, L.P., and William Schur (Docket No. 159) are GRANTED IN PART as modified by their subsequent filings (specifically Docket No. 280, filed Apr. 27, 2012). Accordingly, Berger & Montague, P.C. ("Berger") and Entwistle & Cappucci LLP ("Entwistle") are each designated Interim Co-Lead Counsel responsible for the tactical management and coordination of all legal work done on behalf of the putative commodities futures customer class. Further, Berger and Entwistle, along with Nisen & Elliot LLC, Susman Godfrey L.L.P., Grant & Eisenhofer P.A., and the Fleischman Law Firm are each designated as members of the Executive Committee, which will decide, by consensus, all issues of case strategy. Berger and Entwistle shall have joint authority to render final determinations as to strategic decisions on behalf of the putative class in the event that the Executive Committee cannot reach a consensus. And it is further ORDERED that the January 30, 2012 motion of Sapere CTA Fund, L.P. ("Sapere") (Docket No. 149) is hereby GRANTED to the extent that Berger and Entwistle are directed tocooperate with Sapere's counsel, Ford Marrin Esposito Witmeyer & Gleser, L.L.P., in the efficient and coordinated administration of the putative commodities class action and Sapere's individual action; and it is further ORDERED that nothing herein diminishes or effects Sapere's right to assert individual claims through an individual complaint. (Signed by Judge Victor Marrero on 5/21/2012) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM (djc) (Entered: 05/21/2012) | |||
| 2012-07-03 | 11 | 0 | CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER IN ORDER FROM THE MDL PANEL (CTO-2)transferring this action from the United States District Court - that pursuant to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending in the District of Illinois, and the same hereby are, transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable Judge Victor Marrero, for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A. (Signed by MDL Panel on 6/25/2012) (sjo) (Entered: 07/03/2012) | |||
| 2012-07-03 | 12 | 0 | 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.Filed In Associated Cases: 1:12-cv-05181-VM, 1:12-md-02338-VM (Signed by Judge Loretta A. Preska on 10/31/2011) (sjo) (Entered: 07/03/2012) | |||
| 2012-07-09 | 13 | 0 | NOTICE OF APPEARANCE by James J. Capra, Jr on behalf of PricewaterhouseCoopers LLP (Capra, James) (Entered: 07/09/2012) | |||
| 2012-07-09 | 14 | 0 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by PricewaterhouseCoopers LLP.Filed In Associated Cases: 1:12-md-02338-VM, 1:12-cv-03589-VM(Capra, James) (Entered: 07/09/2012) | |||
| 2012-07-09 | 15 | 0 | NOTICE OF APPEARANCE by James P. Cusick on behalf of PricewaterhouseCoopers LLP Filed In Associated Cases: 1:12-md-02338-VM, 1:12-cv-03589-VM(Cusick, James) (Entered: 07/09/2012) | |||
| 2012-07-25 | 16 | 0 | ORDER: It is hereby ORDERED as follows: An interim pretrial conference shall be held on August 27, 2012 at 11:00 a.m. in courtroom 18D at 500 Pearl Street, New York, New York. Although counsel for all parties may attend, counsel are urged to limit the number of attendees by designating representatives who will have the authority to discuss and enter into agreements concerning discovery on behalf of similarly situated parties. ( Initial Conference set for 8/27/2012 at 11:00 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James C. Francis.) (Signed by Magistrate Judge James C. Francis on 7/25/2012) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM Copies Mailed By Chambers. (jfe) (Entered: 07/26/2012) | |||
| 2012-08-08 | 17 | 0 | DECISION AND ORDER: that for the reasons that are set forth in this Order, it is hereby ORDERED that, the motion of plaintiff Juan P. Arvelo to remand this action to state court (Docket No. 300), is DENIED. (Signed by Judge Victor Marrero on 8/7/2012) Filed In Associated Cases: 1:12-md-02338-VM, 1:12-cv-03884-VM(pl) (Entered: 08/08/2012) | |||
| 2012-09-14 | 18 | 0 | ORDER: The deadline for filing the CAC and for filing any amended complaint in Sapere is extended until 14 days after any agreement assigning the claims of the SIPA Trustee is approved by the Bankruptcy Court and this Court. Defendants shall answer or move with respect to the CAC and the amended Sapere complaint 60 days after the Filing Deadline. Answers to any such motions shall be submitted 120 days after the Filing Deadline, and replies shall be submitted 150 days after the Filing Deadline. In the customer actions, initial disclosures pursuant to Rule 26 (a) of the Federal Rules of Civil Procedure shall be exchanged 30 days after the Filing Deadline. All other deadlines as set forth within this order. (Signed by Magistrate Judge James C. Francis on 9/14/2012) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(jar) (Entered: 09/14/2012) | 2012-09-17 12:01:25 | a6f661fa22869b78a7ab3abeb437f88f169c1047 | |
| 2012-10-22 | 19 | 0 | ORDER APPROVING AMENDED AGREEMENT TO COOPERATE WITH AND ASSIGN CERTAIN CLAIMS TO CLASS ACTION PLAINTIFFS IN PENDING ACTIONS AND TO DISTRIBUTE FUNDS RECOVERED TO CUSTOMERS, AND RELATED ORDER BY THE UNITED STATES BANKRUPTCY COURT: The Assignment Agreement and Bankruptcy Court Order are approved in all respects in the form attached as Exhibit A. The deadline for the Customer Representatives and the plaintiff in Sapere CTA Fund, L.P. v. Corzine, 11 Civ. 9114 (VM) to file their respective amended complaints is 14 days from the date of this order, as set forth in Paragraph 2 of Judge Francis' September 14, 2012 order (the "Scheduling Order"). The other deadlines set forth in the Scheduling Order remain effective. (Signed by Judge Victor Marrero on 10/19/2012) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(ft) Modified on 10/25/2012 (ft). (Entered: 10/22/2012) | 2012-10-22 15:57:52 | 8d7bc7a32476c072969e4060e97dbe6052d11c77 | |
| 2012-11-05 | 20 | 0 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bearing Fund LP.(Davidoff, Merrill) (Entered: 11/05/2012) | |||
| 2012-11-05 | 21 | 0 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Kay P. Tee, LLC.(Davidoff, Merrill) (Entered: 11/05/2012) | |||
| 2012-11-05 | 22 | 0 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by PS Energy Group Inc.(Davidoff, Merrill) (Entered: 11/05/2012) | |||
| 2012-11-08 | 23 | 0 | NOTICE of Withdrawal of Counsel of Record. Document filed by Joseph Deangelis. (Block, Jeffrey) (Entered: 11/08/2012) | |||
| 2012-11-05 | 24 | 0 | CONSOLIDATED AMENDED CLASS ACTION COMPLAINT against David Dunne, Bradley I. Abelow, CME Group Inc., Jon S. Corzine, Laurie R. Ferber, Vinay Mahajan, Edith O'Brien, Christine A. Serwinski, Henri J. Steenkamp.Document filed by Bearing Fund LP, City of Philadelphia Board of Pensions and Retirement and Palisade Strategic Master Fund (Cayman) Limited, Paradigm Asia Ltd., Joseph Deangelis, Her Majesty the Queen in Right of Alberta, Virginia Retirement System, Paradigm Equities Ltd., Rogers Varner, Jr, PS Energy Group Inc, Paradigm Global Fund I Ltd., Jerome Vrabel.***Original document docketed in case number 11cv7866, #382.(mro) Modified on 11/13/2012 (mro). (Entered: 11/13/2012) | |||
| 2012-11-15 | 25 | 0 | CONFIDENTIALITY AGREEMENT AND ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge James C. Francis on 11/15/2012) Filed In Associated Cases: 1:12-md-02338-VM et al.(lmb) (Entered: 11/15/2012) | |||
| 2012-11-19 | 26 | 0 | NOTICE OF APPEARANCE by David M. Fine on behalf of PricewaterhouseCoopers LLP Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(Fine, David) (Entered: 11/19/2012) | |||
| 2012-11-28 | 27 | 0 | NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO FED. R. CIV. P. 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 all claims against defendant Dennis A. Klejna, asserted in the above-captioned consolidated action, with each party to bear its own costs, expenses and attorneys' fees. No defendant in this action has answered or filed for summary judgment and a class has not been certified. (Signed by Judge Victor Marrero on 11/27/2012) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(ja) (Entered: 11/28/2012) | |||
| 2012-11-28 | 28 | 0 | WAIVER OF SERVICE RETURNED EXECUTED. PricewaterhouseCoopers LLP waiver sent on 11/17/2012, answer due 1/16/2013. Document filed by Augustus International Master Fund, L.P.; Paradigm Equities Ltd.; Paradigm Asia Ltd.; Paradigm Global Fund I Ltd.. Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(Entwistle, Andrew) (Entered: 11/28/2012) | |||
| 2012-11-28 | 29 | 0 | AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. David Dunne served on 11/16/2012, answer due 12/7/2012. Service was accepted by Margaret L. Dunne. Document filed by Augustus International Master Fund, L.P.; Paradigm Equities Ltd.; Paradigm Asia Ltd.; Paradigm Global Fund I Ltd.. Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(Entwistle, Andrew) (Entered: 11/28/2012) | |||
| 2012-11-30 | 30 | 0 | ORDER FOR ADMISSION PRO HAC VICE granting (394) Motion for Laura Steinberg to Appear Pro Hac Vice in case 1:11-cv-07866-VM; granting [] Motion for Laura Steinberg to Appear Pro Hac Vice in case 1:12-md-02338-VM. (Signed by Judge Victor Marrero on 11/30/2012) Filed In Associated Cases: 1:11-cv-07866-VM, 1:11-cv-07866-VM(cd) (Entered: 11/30/2012) | |||
| 2013-01-02 | 31 | 0 | ENDORSED LETTER addressed to Judge Victor Marrero from Paul Hamann dated 11/26/2012 re: CONFIDENTIALITY AGREEMENT & ORDER Signed by Magistrate Judge James C. Francis, on 11/15/2012. Paul Hamann is officially requesting a hearing, regarding whether his First Amendment Rights, are being violated, in the Confidentiality Agreement, to disseminate, in advance of the trial, information gained through the pretrial discovery process, or he is requesting a Certificate of Appealability. ENDORSEMENT: Upon review of the Confidentiality Agreement and Order dated 11-15-12 endorsed by Magistrate Judge James Francis, and objections thereto by plaintiff Paul Hamann, the Court is persuaded that the Order is not clearly erroneous or contrary to law. The request to disseminate information prior to trial is accordingly DENIED. SO ORDERED. (Signed by Judge Victor Marrero on 1/02/2013) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(ama) (Entered: 01/02/2013) | |||
| 2013-01-02 | 32 | 0 | MOTION for Michael R. Pauze to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8106060. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by PricewaterhouseCoopers LLP. (Attachments: # 1 Proposed Order, # 2 Illinois Certificate of Good Standing, # 3 District of Columbia Certificate of Good Standing)Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(Pauze, Michael) (Entered: 01/02/2013) | |||
| 2013-01-04 | 33 | 0 | MEMO ENDORSEMENT on (405) Motion to Compel in case 1:11-cv-07866-VM. Application denied. Discovery shall not take place outside the consolidated discovery places. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 1/4/2013) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(ft) (Entered: 01/04/2013) | |||
| 2013-01-04 | 34 | 0 | MEMO ENDORSEMENT on (404) Motion to Compel in case 1:11-cv-07866-VM. Application denied. Discovery shall not take place outside the consolidated discovery places. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 1/4/2013) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(ft) (Entered: 01/04/2013) | |||
| 2013-01-04 | 35 | 0 | ORDER FOR ADMISSION PRO HAC VICE granting (408) Motion for Michael R. Pauze to Appear Pro Hac Vice in case 1:11-cv-07866-VM; granting (32) Motion for Michael R. Pauze to Appear Pro Hac Vice; granting (109) Motion for Michael R. Pauze to Appear Pro Hac Vice in case 1:11-cv-07866-VM. Michael R. Pauze is admitted to practice Pro Hac Vice in this 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 the discipline of attorneys. (Signed by Magistrate Judge James C. Francis on 1/4/2013) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(ft) (Entered: 01/04/2013) | |||
| 2013-01-11 | 36 | 0 | ORDER FOR ADMISSION PRO HAC VICE: that Michael R. Pauze is admitted to practice Pro Hac Vice for an purposes as counsel for PricewaterhouseCoopers LLP in the above- captioned case in the United States District Court for the Southern District of New York. (Signed by Judge Victor Marrero on 1/4/13) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(pl) (Entered: 01/15/2013) | |||
| 2013-01-16 | 37 | 0 | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss Consolidated Amended Class Action Complaint. Document filed by Christine A. Serwinski.Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(Robinson, Jayne) Modified on 1/17/2013 (db). (Entered: 01/16/2013) | |||
| 2013-01-17 | 38 | 0 | ENDORSED LETTER addressed to Judge Victor Marrero from Edmund Polubinski III dated 1/14/2013 re: On behalf of all 23 defendants in the securities action captioned In re MF Global Holdings Limited Securities Litigation (the "Securities Action"), we write regarding the briefing of replies on the motions to dismiss the Consolidated Amended Securities Class Action Complaint. In accordance with the Court's guidance on the November 20, 2012 conference call, defendants have jointly developed a proposal to consolidate briefing of common issues and avoid overlap, all while allowing discrete issues to be presented to the Court in a clear and logical way. ENDORSEMENT: Request GRANTED in part. Counsel for defendants in the Securities Action are authorized to file a single 32-page brief addressing common issues, and up to five 4-page briefs addressing issues of individual defendant groups. (Signed by Judge Victor Marrero on 1/17/2013) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(lmb) (Entered: 01/17/2013) | |||
| 2013-01-28 | 39 | 0 | ENDORSED LETTER addressed to Judge Victor Marrero from Christopher M. Joralemon dated 1/25/2013 re: We write respectfully on behalf of all Defendants in the Securities Action to request a slight modification of the Court's January 17, 2013 Order (the "Order") granting in part Defendants' proposal for coordinated reply briefing in further support of the pending motions to dismiss. ENDORSEMENT: SO ORDERED. Request GRANTED. Defendant may submit two 16-page reply briefs as set forth above. (Signed by Judge Victor Marrero on 1/25/2013) (djc) (Entered: 01/28/2013) | |||
| 2013-01-14 | 40 | 0 | NOTICE OF APPEAL from (31 in 1:12-md-02338-VM, 406 in 1:11-cv-07866-VM) Endorsed Letter. Document filed by Paul Hamann. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM.(tp) (Entered: 02/07/2013) | |||
| 2013-02-20 | 41 | 0 | REPLY re: (435 in 1:11-cv-07866-VM) Memorandum of Law in Support of Motion. Document filed by Paul Hamann. Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(sac) (Entered: 02/21/2013) | |||
| 2013-02-26 | 42 | 0 | NOTICE OF CHANGE OF ADDRESS by Gregory M. Egleston on behalf of Juan P Arvelo. New Address: Gainey McKenna & Egleston, 440 Park Avenue South, 5th Fl., New York, New York, 10016, 212-983-1300. (Egleston, Gregory) (Entered: 02/26/2013) | |||
| 2013-03-28 | 43 | 0 | ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE: NOW THEREFORE, IT IS HEREBY ORDERED:I. Settlement Class Certification: Pursuant to Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure, and for purposes of the Settlement only, the Court certifies the Customer Class Action as a class action on behalf of the following Settlement Class: Excluded from the Settlement Class are: (i) any person or entity named as a defendant in the Consolidated Amended Class Action Complaint for Violations of the Commodity Exchange Act and Common Law, dated November 2, 2012 (including any immediate family members of such defendant and any parent, subsidiary or affiliate of any defendant) that held money, securities, or property at MFGI and that could otherwise be deemed to be a member of the Settlement Class; (ii) any parent, subsidiary or affiliate of MFGI that held money, securities, or property at MFGI and that could otherwise be deemed to be a member of the Settlement Class; and(iii) any person or entity that excludes him, her or itself from the Settlement Class by filing a request for exclusion that is accepted by the Court pursuant to this Order. The Court finds, for purposes of the Settlement only, that the prerequisites for certifying the Customer Class Action as a class action under Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure have been satisfied in that: (a) the number of Settlement Class Members is so numerous that joinder of all members thereof is impracticable; (b) there are questions of law and fact common to the Settlement Class which predominate over any individual questions; (c) the claims of the Customer Representatives are typical of the claims of the Settlement Class; (d) Customer Representatives and Co-Lead Counsel (as defined herein) have and will fairly and adequately represent the interests of the Settlement Class; and (e) a class action is superior to other available methods for the fair and efficient adjudication of the Customer Class Action. All other provisions as further set forth in this order. (Signed by Judge Victor Marrero on 3/28/2013) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(js) (Entered: 03/28/2013) | |||
| 2013-04-02 | 44 | 0 | NOTICE OF CHANGE OF ADDRESS by Neil Stephen Binder on behalf of Henri J, Steenkamp. New Address: Binder & Schwartz LLP, 28 W. 44th Street, New York, New York, 10036, 347.334.5081. (Binder, Neil) (Entered: 04/02/2013) | |||
| 2013-04-16 | 45 | 0 | CERTIFICATE OF SERVICE of Notice of Change of Address served on Jeffry Henderson, Matthew Crowl & Paul Hamann on April 2, 2013. Service was made by Mail. Document filed by Henri J, Steenkamp. (Binder, Neil) (Entered: 04/16/2013) | |||
| 2013-05-09 | 46 | 0 | ORDER: A pretrial conference having been held on May 9, 2013, it is hereby ORDERED as follows: 1. In light of the mediation currently underway, the stay ordered in the Memorandum Endorsement dated February 6, 2013, shall be extended until June 24, 2013, at which time it shall dissolve absent further order of the Court. 2. The stay shall apply to all proceedings in this Court except the ongoing settlement proceedings with respect to the proposed JPMorgan Chase settlement. (Signed by Magistrate Judge James C. Francis on 5/9/2013) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM Copies Mailed By Chambers. (lmb) (Entered: 05/10/2013) | |||
| 2013-05-21 | 47 | 0 | MANDATE of USCA (Certified Copy) as to (457 in 1:11-cv-07866-VM, 40 in 1:12-md-02338-VM) Notice of Appeal, filed by Paul Hamann USCA Case Number 13-0563. Appellant, pro se, moves for open discovery. This Court has determined sua sponte that it lacks jurisdiction over this appeal because a final order has not been issued by the district court as contemplated by 28 U.S.C. § 1291. See Coopers & Lybrand v. Livesay, 437 U.S. 463, 467 (1978). Upon due consideration, it is hereby ORDERED that the appeal is DISMISSED. It isfurther ORDERED that Appellants motion is DENIED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/21/2013. Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(nd) (Entered: 05/21/2013) | |||
| 2013-06-12 | 48 | 0 | NOTICE OF APPEARANCE by Michael Tremonte on behalf of Bradley I. Abelow, Bradley Abelow (Tremonte, Michael) (Entered: 06/12/2013) | |||
| 2013-06-25 | 49 | 0 | ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Merrill G. Davidoff and Andrew J. Entwistle dated 6/24/2013 re: As the Court knows, the parties participated in extensive meetings and mediation sessions last week, and sufficient progress appears to have been made to request an extension of the stay for one month, until July 20th, 2013. ENDORSEMENT: Application granted. (Signed by Magistrate Judge James C. Francis on 6/25/2013) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(lmb) (Entered: 06/26/2013) | |||
| 2013-07-01 | 50 | 0 | STIPULATION AND ORDER OF DISMISSAL OF PAUL HAMANN'S RESPONSE ANDOBJECTION TO MOTION FOR FINAL APPROVAL OF PROPOSED SETTLEMENTWITH JPMORGAN CHASE BANK, N.A.: IT IS HEREBY STIPULATED AND AGREED by and between James W. Giddens, as Trustee for the SIPA liquidation of MF Global Inc.and Paul Hamann that the Objection is withdrawn with prejudice. (Signed by Judge Victor Marrero on 7/1/2013) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(js) (Entered: 07/01/2013) | |||
| 2013-07-01 | 51 | 0 | ENDORSED LETTER addressed to Judge Victor Marrero from James B. Kobak, Jr., Scott J. Greenberg, Andrew J. Entwistle, Merrill G. Davidoff dated 7/1/2013 re: The issues raised in the Consent Order have no relevance to the relief sought by the Trustee and the Customer Representatives at the July 3, 2013 hearing and will be fully addressed at a future hearing in the Bankruptcy Court. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Customer Representatives, SIPA Trustees, and MF Global Holdings. SO ORDERED. (Signed by Judge Victor Marrero on 7/1/2013) (rsh) (Entered: 07/01/2013) | 2013-07-01 19:27:07 | b719b557f9641c42ffe293dcc65fff7d40277906 | |
| 2013-07-01 | 52 | 0 | ENDORSED LETTER: addressed to Judge Victor Marrero from James B. Kobak Jr., Scott J. Greenberg, Bruce Bennett, Andrew J. Entwistle and Merrill G. Davidoff dated 7/1/2013 re: In sum, the issues raised in the Consent Order have no relevance to the relief sought by the Trustee and the Customer Representatives at the July 3, 2013 hearing and will be fully addressed at a future hearing in the Bankruptcy Court. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Customer Representatives, SIPA Trustee, and MF Global Holdings. (Signed by Judge Victor Marrero on 7/1/2013) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(js) (Entered: 07/02/2013) | |||
| 2013-07-03 | 53 | 0 | STIPULATED ORDER RESERVING RIGHTS: Whereas, certain objectors have agreed to withdraw their objections (ECF Nos. 491,494) concerning the settlement preliminarily approved by this Court on March 28, 2013 (ECF No. 474) on the terms set forth below, and the parties having appeared before the Court on July 3, 2013; IT IS HEREBY STIPULATED AND ORDERED THAT: All issues related to whether or not the Remitted Clearance Collateral is customer property and the legal consequences of the distribution of the Remitted Clearance Collateral as among the parties to the Multi-District litigation are not before the Court and shall be addressed by separate motion to the Bankruptcy Court. All parties preserve and may raise any and all arguments with respect to the Remitted Clearance Collateral that they are entitled to raise in this Court, and nothing in the settlement agreement, the order approving the settlement agreement, or the withdrawal of the objections will constitute a waiver of any parties' rights or arguments. SO ORDERED. (Signed by Judge Victor Marrero on 7/3/2013) (rsh) (Entered: 07/03/2013) | |||
| 2013-07-03 | 54 | 0 | FINAL JUDGMENT AND ORDER APPROVING THE PLAN OF ALLOCATION: After giving due consideration, the Court finds that the proposed Plan of Allocation (as set forth in the Filed Claim Notice and Unfiled Claim Notice and related approval documents) is fair, reasonable and adequate, and are hereby approved. (Signed by Judge Victor Marrero on 7/3/2013) (Attachments: # 1 Notice of Right to Appeal)Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(dt) (Entered: 07/10/2013) | |||
| 2013-07-03 | 55 | 0 | FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE:The Released Defendant Persons hereby fully, finall, and forever release, relinquish and discharge each and all of the Customer Representative Plaintiffs', other Class Members, and Class Counsel from all claims arising out of, relating to, or in connectioon with the institution, prosecution, assertion, settlement, or resolution of the Customer Class Action of the released Plaintiffs' Claims. (Signed by Judge Victor Marrero on 7/3/2013) (Attachments: # 1 Notice of Right to Appeal)Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(dt) (Entered: 07/10/2013) | |||
| 2013-07-03 | 56 | 0 | FINAL JUDGMENT AND ORDER AWARDING FEES AND EXPENSES: The Court hereby awards Class Counsel attorneys' fees of $7,237,600.81 and expenses of $262,399.19, together with interest on both amounts not to exceed the interest earned on the Fee and Expense payment, if any, after it has been deposited into escrow pursuant to the terms of the Settlement Agreement. (Signed by Judge Victor Marrero on 7/3/13) (Attachments: # 1 Notice of Right to Appeal)Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(dt) (Entered: 07/10/2013) | |||
| 2013-07-11 | 57 | 0 | TRANSCRIPT of Proceedings re: CONFERENCE held on 7/3/2013 before Judge Victor Marrero. Court Reporter/Transcriber: Carol Ganley, (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 8/5/2013. Redacted Transcript Deadline set for 8/15/2013. Release of Transcript Restriction set for 10/15/2013.Filed In Associated Cases: 1:12-md-02338-VM et al.(Rodriguez, Somari) (Entered: 07/11/2013) | |||
| 2013-07-11 | 58 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/3/13 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...Filed In Associated Cases: 1:12-md-02338-VM et al.(Rodriguez, Somari) (Entered: 07/11/2013) | |||
| 2013-07-15 | 59 | 0 | ORDER FOR ADMISSION PRO HAC VICE: granting (514) Motion for Bruce Scott Bennett to Appear Pro Hac Vice in case 1:11-cv-07866-VM; granting [] Motion for Bruce Scott Bennett to Appear Pro Hac Vice in case 1:12-md-02338-VM. (Signed by Judge Victor Marrero on 7/15/2013) Filed In Associated Cases: 1:11-cv-07866-VM, 1:11-cv-07866-VM(js) (Entered: 07/15/2013) | |||
| 2013-07-18 | 60 | 0 | STIPULATION OF RULE 41 DISMISSAL WITH PREJUDICE: It is hereby stipulated and agreed between Craig Donohue, Donna Dellosso, and Paul Hamann, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) that Paul Hamann's Complaint against Craig Donohue and Donna Dellosso is dismissed in its entirety with prejudice, with each party to bear its own costs, including attorneys' fees. So Ordered (Signed by Judge Victor Marrero on 7/17/2013) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(js) (Entered: 07/18/2013) | |||
| 2013-07-24 | 61 | 0 | ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Andrew J. Entwistle dated 7/22/2013 re: Since our last letter to the Court on June 24, 2013, the parties have engaged in additional telephonic and in-person meetings with the mediators during which we believe adequate progress I has been made to request a brief additional extension of the stay until Friday, August 2,2013, on the same terms. ENDORSEMENT: Application granted. (Signed by Magistrate Judge James C. Francis on 7/24/2013) (lmb) (Entered: 07/24/2013) | |||
| 2013-09-12 | 62 | 0 | ORDER: that Plaintiffs' responses to defendants' motions to dismiss in the Commodity Customer Class Action shall be filed by October 28, 2013; Defendants' reply in support of their motions to dismiss in the Commodity Customer Class Action shall be filed by November 27, 2013; Defendants' motion to dismiss in the Sapere action shall be filed by October 28, 2013; Plaintiffs' response to defendants' motions to dismiss in the Sapere action shall be filed by December 27, 2013; Defendants' reply in support of their motions to dismiss in the Sapere action shall be filed by January 27, 2014; and discovery shall continue to be stayed in all actions. Set Deadlines/Hearing as to (422 in 1:11-cv-07866-VM) JOINT MOTION to Dismiss The Consolidated Amended Class Action Complaint For Violations Of The Commodity Exchange Act And Common Law, (426 in 1:11-cv-07866-VM) MOTION to Dismiss the Consolidated Amended Customer Class Action Complaint, (431 in 1:11-cv-07866-VM) MOTION to Dismiss The Consolidated Amended Class Action Complaint: Responses due by 10/28/2013, Replies due by 11/27/2013. (Motions due by 10/28/2013, Responses due by 12/27/2013, Replies due by 1/27/2014.) (Signed by Magistrate Judge James C. Francis on 9/12/2013) Copies Mailed By Chambers. (tn) (Entered: 09/12/2013) | |||
| 2013-09-17 | 63 | 0 | ENDORSED LETTER: addressed to Judge Victor Marrero from Christopher J. Barber dated 9/16/2013 re: Counsel writes To date, the following three attorneys affiliated with Steptoe have entered appearances as counsel tor Ms. O'Brien in the above-captioned consolidated action: Christopher 1. Barber (ECF No. 320)Darren Semens Kinkead (ECF No. 308) Alejandro Gabriel Rosenberg (ECF No. 141 and ECF No. 245) As of August 9, 20l3, however, Mr. Rosenberg is nO longer affiliated with Steptoe. Accordingly, I respectfully request that Mr. Rosenberg's appearance as counsel for Ms. O'Brien be withdrawn on both Docket No. 11 Civ. 7866 (VM) and Docket No. 12 MD 2338 (VM). Steptoe continues to represent Ms. O'Brien in the above-captioned consolidated action, and Mr. Kinkead and I will continue to appear as counsel ENDORSEMENT: So Ordered. (Signed by Judge Victor Marrero on 9/16/2013) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(js) Modified on 9/17/2013 (js). (Entered: 09/17/2013) | 2013-09-17 13:15:28 | b4b9b2a64191208e724cdfcfdc0d0cba2ca58461 | |
| 2013-11-05 | 64 | 0 | MEMO ENDORSEMENT on re: (560 in 1:11-cv-07866-VM) Letter filed by Paradigm Global Fund I Ltd. ENDORSEMENT: Application granted. Set Deadlines/Hearing as to (560 in 1:11-cv-07866-VM) Letter, (431 in 1:11-cv-07866-VM) MOTION to Dismiss The Consolidated Amended Class Action Complaint: Responses due by 11/11/2013, Replies due by 12/11/2013. ***Filed in 11cv7866 and 12md2338. (Signed by Magistrate Judge James C. Francis on 11/5/2013) (tn) (Entered: 11/05/2013) | |||
| 2013-11-05 | 65 | 0 | MEMO ENDORSEMENT on re: (558 in 1:11-cv-07866-VM) Letter, filed by Paradigm Equities Ltd., Paradigm Asia Ltd., Paradigm Global Fund I Ltd. ENDORSEMENT: Application denied. Lifting the stay selectively is not costless and risks generating additional disputes. ***Filed in 11cv7866 and 12md2338 (Signed by Magistrate Judge James C. Francis on 11/5/2013) (tn) (Entered: 11/05/2013) | |||
| 2013-11-13 | 66 | 0 | MEMO ENDORSEMENT on re: (563 in 1:11-cv-07866-VM) Letter filed by Paradigm Global Fund I Ltd. ENDORSEMENT: Application granted. ***Filed in 11cv7866 and 12md2338. (Signed by Magistrate Judge James C. Francis on 11/13/2013) (tn) (Entered: 11/13/2013) | |||
| 2013-12-12 | 67 | 0 | NOTICE OF CHANGE OF ADDRESS by Lee S Richards, III on behalf of Henri J, Steenkamp. New Address: Richards Kibbe & Orbe LLP, 200 Liberty Street, New York, NY, USA 10281, 212-530-1800. (Richards, Lee) (Entered: 12/12/2013) | |||
| 2013-12-12 | 68 | 0 | CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: The Securities Action shall not be included in the Pilot Project Regarding Case Management Techniques for Complex Cases in the Southern District of New York, and, accordingly, the parties will instead proceed in accordance with this Plan and Judge Marrero's Individual Rules of Practice and Orders. The parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). This case is to be tried to a jury. The case will be governed by the following schedule: Plaintiffs' initial requests for the production of documents shall be served in December 2013. Fact discovery shall be completed by April 1, 2015, including requests for the production of documents, interrogatories, and depositions, except that requests for admission must be completed by April 15, 2015. A motion for class certification shall be filed by September 15, 2014. Any opposition papers shall be filed by November 17, 2014. Any reply in support of class certification shall be filed by January 12, 2015. Expert discovery shall be completed by July 31, 2015. The deadlines for completion of expert discovery shall be as set forth herein: Opening expert witness reports, if any, shall be served by April 30, 2015. All depositions of experts (whether initial or rebuttal experts) shall be completed by July 31, 2015. Any motion for summary judgment the Court permits shall be filed by September 21, 2015. Any opposition to a motion for summary judgment shall be filed by November 10, 2015. Any reply in support of a motion for summary judgment shall be filed by December 21, 2015. Joinder of additional parties and any amendment of the pleadings without leave of the Court are to be accomplished by October 17, 2014. The next Case Management Conference is scheduled for March 18 at 9:30 a.m. (See Order). Amended Pleadings due by 10/17/2014. Joinder of Parties due by 10/17/2014. Motions due by 9/21/2015. Responses due by 11/10/2015 Replies due by 12/21/2015. Deposition due by 7/31/2015. Fact Discovery due by 4/1/2015. Expert Discovery due by 7/31/2015. Case Management Conference set for 3/18/2014 at 09:30 AM before Judge Victor Marrero. (Signed by Magistrate Judge James C. Francis on 12/12/2013) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(ja) (Entered: 12/13/2013) | |||
| 2013-12-20 | 69 | 0 | ORDER GRANTING PRELIMINARY APPROVAL OF THE SETTLEMENT BETWEEN THE FORMER COMMODITY FUTURES CUSTOMER OF GLOBAL INC AND THE MF GLOBAL INC TRUSTEE PROVIDING FOR THE ASSIGNMENT OF THE COMMODITY FUTURES CUSTOMERS' UNPAID NET EQUITY CLAIMS IN EXCHANGE FOR PAYMENT OF 100% OF THE CLAIMS APPROVING NOTICE THROUGH THE SIPA PROCEEDING AND SETTING A HEARING DATE FOR FINAL APPROVAL: terminating (606) Motion to Approve settlement in case 1:11-cv-07866-VMNow therefore, it is hereby ordered 1. settlement class certification pursuant to Rules 23(a) and 23(b)(3) of the Federal Rules of civil Procedure, and for purposes of the Net Settlement Assignment Agreement only, the Court approves the utilization of the Settlement Class it certified in connection with the JPMC Settlement by Order dated March 28, 2013 (the "JPMC" Settlement Order") (ECF No. 474). for ease of reference, the Court certified the Customer Class Action as a class action on behalf of the following Settlement Class as set forth in this Order.. (Signed by Judge Victor Marrero on 12/20/2013) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM (js) (Entered: 12/23/2013) | |||
| 2013-12-20 | 70 | 0 | ORDER GRANTING PRELIMINARILY APPROVAL OF THE SETTLEMENT BETWEEN THE FORMER COMMODITY FUTURES CUSTOMERS OF MF GLOBAL INC TRUSTEE PROVIDING FOR THE ASSIGNMENT OF THE COMMODITY FUTURES CUSTOMERS UNPAID NET EQUITY CLAIMS IN EXCHANGE FOR PAYMENT OF 100% OF THE CLAIMS APPROVING NOTICE THROUGH THE SIPA PROCEEDING AND SETTING A HEARING DATE FOR FINAL APPROVAL: NOW THEREFORE: IT IS HEREBY ORDERED:1. Settlement Class Certification: Pursuant to Rules 23(a) and 23(b)(3) of the Federal Rules of civil Procedure, and for purposes of the Net Equity Settlement Assignment Agreement only, the Court approves the utilization of the Settlement Class it certified in connection with the JPMC Settlement by Order dated March 28, 2013 (the"JPMC") Settlement Order") (ECF No. 474). For ease of reference: the Court certified the Customer Class Action as a class action on behalf of the following Settlement Class: All other provisions as further set forth in this order. (Signed by Judge Victor Marrero on 12/20/2013) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(js) (PDF to large to attach) (js). (Entered: 12/26/2013) | |||
| 2013-12-26 | 71 | 0 | STIPULATION AND ORDER CONCERNING REQUIREMENT FOR NOTICE TO CUSTOMERS OF THE MOTION FOR APPROVAL OF THE SETTLEMENT BETWEEN THE FORMER COMMODITY FUTURES CUSTOMERS OF MF GLOBAL INC.AND THE MF GLOBAL INC. TRUSTEE PROVIDING FOR THE ASSIGNMENT OF THE COMMODITY FUTURES CUSTOMERS UNPAID NET EQUITY CLAIMS IN EXCHANGE FOR PAYMENT OF 100% OF THE CLAIMS: IT IS HEREBY STIPULATED AND ORDERED THAT 1. The Trustee and Customer Representatives can effectuate adequate notice to Customers concerning the Net Equity Settlement Assignment Agreement, including the deadline to object to the settlement, by instructing Epiq to mail to Settlement Class Members the contemplated Notice to Former Commodities Futures Customers of MF Global Inc. of the Settlement Between the Former Commodity Futures Customers of MF Global Inc. and the MF Global Inc. Trustee Providing for the Assignment of the Commodity Futures Customers' Unpaid Net Equity Claims in Exchange for Payment of 100% of the Claims (the "Notice"), which will include the hearing date, at the addresses compiled by the Trustee and Epiq from the Customer Claim Forms, MFGI's records, and the POCs submitted in connection with the JPMC Settlement. A copy of the Notice will also be sent, where appropriate, to the assignee or transferee of any Customer Claim Form as reflected on the Claims Register maintained in the SIPA proceeding. 2. The Trustee will make related materials seeking approval of the Net Equity Settlement Assignment Agreement, such as authorized Preliminary Approval Order, the Net Equity Settlement Assignment Agreement, the notice of motion, memorandum of law, declaration and exhibits, proposed final order, Allocation and Advance Order and so-ordered Consent Order available to Customers at http://dm.epiq11.com/MFG/Project and Co-lead counsel will make the same materials available on their respective websites. 3.The Trustee and the Customers Representatives have agreed that, in seeking expedited preliminary and final approval from this Court, the Customer Representatives are only required to submit one motion and set of supporting papers (rather than motions and supporting papers for both preliminary and final approval), which will include, among other things, both a proposed preliminary approval order and a proposed final order because of the unique circumstances present here, including that: (i) Customers are receiving payment of 100% of their net equity claims; and (ii) the approval motion will not seek an award of attorneys' fees. (Signed by Judge Victor Marrero on 12/26/2013) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(js) Modified on 12/26/2013 (js). (Entered: 12/26/2013) | |||
| 2014-01-31 | 72 | 0 | ORDER PRELIMINARILY APPROVING PROPOSED SETTLEMENT AND PROVIDING FOR NOTICE. IT IS HEREBY ORDERED: Settlement Class Certification: Pursuant to Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure, and for purposes of the Settlement only, the Court approves the utilization of the Settlement Class it certified in connection with the JPMC Settlement by Order dated March 28, 2013, and as further set forth. The Court hereby preliminarily approves the Settlement, as memorialized in the Settlement Agreement, as fair, reasonable and adequate, and in the best interest of the Customer Representatives and the other Settlement Class Members, subject to further consideration at the Settlement Hearing to be conducted as described below. The Court will hold a settlement hearing (the "Settlement Hearing") on March 14, 2014 at 1:00 pm. at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, Courtroom 20B, New York, NY 10007-1312, for the purposes as further specified in this Order. Co-Lead Counsel shall file and serve papers in support of the proposed Settlement no later than February 21, 2014; and reply papers, if any, shall be filed and served no later than March 12, 2014, and as further set forth. Granting [629 in Case No. 11-7866] MOTION for Preliminary Approval of the Settlement Between the Former Commodity Futures Customers of MF Global Inc. and The CME Group. (Signed by Judge Victor Marrero on 1/31/2014) Entered as doc. no. 632 in case no. 11cv7866. (rjm) (Entered: 02/03/2014) | |||
| 2014-02-04 | 73 | 0 | NOTICE OF APPEARANCE by Jonathan R. Streeter on behalf of Jon S. Corzine. Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(Streeter, Jonathan) (Entered: 02/04/2014) | |||
| 2014-02-11 | 74 | 0 | MOTION for Benjamin E. Rosenberg to Withdraw as Attorney for Jon S. Corzine. Document filed by Jon S. Corzine. (Attachments: # 1 Text of Proposed Order)Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(Rosenberg, Benjamin) (Entered: 02/11/2014) | |||
| 2014-02-20 | 75 | 0 | ORDER granting (642) Motion to Withdraw as Attorney; granting (74) Motion to Withdraw as Attorney: that the motion of Benjamin E. Rosenberg, of Dechert LLP, to withdraw as counsel for Defendant Jon S. Corzine in the above-caption action is granted. Attorney Benjamin E. Rosenberg terminated in case 1:11-cv-07866-VM. Attorney Benjamin E. Rosenberg terminated in case 1:12-md-02338-VM. (Signed by Judge Victor Marrero on 2/20/2014) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM (tn) (Entered: 02/20/2014) | |||
| 2014-02-28 | 76 | 0 | MOTION for Jeffrey S. Eberhard to Withdraw as Attorney. Document filed by CME Group Inc.. (Attachments: # 1 Text of Proposed Order)Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(Eberhard, Jeffrey) (Entered: 02/28/2014) | |||
| 2014-03-04 | 77 | 0 | ORDER granting (670) Motion to Withdraw as Attorney; granting (76) Motion to Withdraw as Attorney: Having set forth appropriate grounds, in accordance with Local Civil Rule 1.4, including Defendants' continued representation by members of the law firm of Jenner & Block LLP, Jeffrey S. Eberhard's Motion for Leave to Withdraw is here GRANTED and Jeffrey S. Eberhard is withdrawn as counsel effective immediately. Attorney Jeffrey S Eberhard terminated in case 1:11-cv-07866-VM; Attorney Jeffrey S Eberhard terminated in case 1:12-md-02338-VM. (Signed by Judge Victor Marrero on 3/4/2014) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM (tn) (Entered: 03/04/2014) | |||
| 2014-03-10 | 78 | 0 | CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: 1. Upon entry of the Plan, the stay of discovery shall be lifted in the Actions subject to the following exceptions as set forth herein. 2. The Actions shall not be included in the Pilot Project Regarding Case Management Techniques for Complex Cases in the Southern District of New York, and, accordingly, the parties will instead proceed in accordance with this Plan and Judge Marrero's Individual Rules of Practice and Orders. 3. The parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). 4. Jury trial has been demanded in all actions. d. Fact discovery shall be completed in the Actions by April 1, 2015, including requests for the production of documents, interrogatories, and depositions, except that requests for admission must be completed by April 15, 2015. e. A motion for class certification in the Commodity Customer Class Action shall be filed by November 14, 2014. Any opposition papers shall be filed by January 16, 2015. Any reply in support of class certification shall be filed by March 11, 2015. Any expert discovery relating to class certification shall occur within the deadlines set forth in this subparagraph 6(e), rather than subparagraph 6(f) below. f. Expert discovery shall be completed by September 30, 2015. The deadlines for completion of expert discovery shall be as set forth below: All depositions of experts (whether initial or rebuttal experts) shall be completed by September 30, 2015. Any motion for summary judgment the Court permits shall be filed by November 20, 2015. Any opposition to a motion for summary judgment shall be filed by January 8, 2016, Any reply in support of a motion for summary judgment shall be filed by February 19, 2016. (Motions due by 11/20/2015. Responses due by 1/8/2016. Replies due by 2/19/2016. Deposition due by 9/30/2015. Fact Discovery due by 4/1/2015. Expert Discovery due by 9/30/2015).(Signed by Magistrate Judge James C. Francis on 3/10/2014)Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(djc) Modified on 3/11/2014 (djc). Modified on 3/12/2014 (djc). Modified on 3/12/2014 (djc). (Entered: 03/11/2014) | |||
| 2014-03-12 | 79 | 0 | ORDER re: (604 in 1:11-cv-07866-VM, 68 in 1:12-md-02338-VM) Case Management Plan. The case management conference scheduled for 3/18/2014, at 9:30 a.m. is adjourned sine die. This order does not affect any conferences or other proceedings scheduled before the Honorable Victor Marrero, U.S.D.J. (Signed by Magistrate Judge James C. Francis on 3/12/2014) Filed In Associated Cases: 1:12-md-02338-VM et al.(tro) (Entered: 03/12/2014) | |||
| 2014-03-14 | 80 | 0 | FINAL JUDGMENT AND ORDER APPROVING THE PLAN OF ALLOCATION: After giving due consideration, the Court finds that the proposed Plan of Allocation (as set forth in the Notice Materials and related approval documents) is fair, reasonable and adequate, and is hereby approved. There is no just reason for delay in the entry of this Judgment and immediate entry by the Clerk of the Court is expressly directed pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Victor Marrero on 3/14/2014) (Attachments: # 1 Right to Appeal) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM (tn) (Entered: 03/14/2014) | |||
| 2014-03-14 | 81 | 0 | FINAL JUDGMENT AND ORDER OF DISMISSAL WITH PREJUDICE: that for settlement purposes only, the Court hereby approves the utilization of the Settlement Class it certified in connection with the JPMC Settlement Order, as also defined above in paragraph 1(s). Pursuant to Federal Rule of Civil Procedure 23, the Court hereby approves the Settlement as fair, reasonable and adequate, and in the best interests of the Settlement Class Members. The Parties are directed to consummate the Settlement in accordance with the terms and provisions of the Settlement Agreement. The Customer Class Action and any claims of the Settlement Class Members are dismissed on the merits as to the Released Defendant Persons, without costs, and with prejudice. Without affecting the finality of this Judgment in any way, the Court hereby retains continuing jurisdiction over: (i) implementation of this Settlement and any award or distribution of the Net Distribution Fund, including any interest earned thereon; (ii) disposition of the Net Distribution Fund; and (iii) all parties hereto for the purpose of construing, enforcing and administering the Net Distribution Fund. There is no just reason for delay in the entry of this Judgment and immediate entry by the Clerk of the Court is expressly directed pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Victor Marrero on 3/14/2014) (Attachments: # 1 Right to Appeal)Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(tn) (Entered: 03/14/2014) | 2014-04-02 04:36:19 | cdf85a981e20e23809e3614b3791d7c2d5ecb78a | |
| 81 | 1 | Right to Appeal | ||||
| 2014-03-14 | 82 | 0 | ORDER GRANTING FINAL APPROVAL OF THE SETTLEMENT BETWEEN THE FORMER COMMODITY FUTURES CUSTOMERS OF MF GLOBAL INC. AND THE MF GLOBAL INC. TRUSTEE PROVIDING FOR THE ASSIGNMENT OF THE COMMODITY FUTURES CUSTOMERS' UNPAID NET EQUITY CLAIMS IN EXCHANGE FOR PAYMENT OF 100% OF THE CLAIMS granting (656) Motion in case 1:11-cv-07866-VM: that the Court hereby approves the utilization of the Settlement Class it certified in connection with the JPMC Settlement Order. Pursuant to Federal Rule of Civil Procedure 23, the Court hereby approves the Net Equity Settlement Assignment Agreement as fair, reasonable and adequate, and in the best interests of the Settlement Class Members. The Parties are directed to consummate the Net Equity Settlement Assignment Agreement pursuant to its terms, and the terms of the Allocation and Advance Order and Consent Order. (Signed by Judge Victor Marrero on 3/14/2014) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM (tn) (Entered: 03/14/2014) | |||
| 2014-03-17 | 83 | 0 | FINAL JUDGMENT AND ORDER AWARDING FEES AND EXPENSES on Attorney Fees: The Court hereby awards Class Counsel attorneys' fees of $2,722,023.42 and expenses of $177,976.58 (the "Fees and Expenses"). Interim Co-Lead Counsel shall allocate the Fees and Expenses in a manner which, in their good-faith judgment, reflects each Plaintiffs' Counsel's contribution to the institution and prosecution of the Customer Class Action and/or Settlement with CME Group. There is no just reason for delay in the entry of this Fees and Expenses Judgment and immediate entry by the Clerk of the Court is expressly directed pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Victor Marrero on 3/17/2014) (Attachments: # 1 Right to Appeal)Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(tn) (Entered: 03/17/2014) | |||
| 2014-03-24 | 84 | 0 | TRANSCRIPT of Proceedings re: CAUSE FOR HEARING held on 2/27/2014 before Magistrate Judge James C. Francis IV. Court Reporter/Transcriber: Shari Riemer/Mary Greco, (518) 581-8973. 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 4/17/2014. Redacted Transcript Deadline set for 4/28/2014. Release of Transcript Restriction set for 6/26/2014.(ca) (Entered: 03/24/2014) | |||
| 2014-03-24 | 85 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CAUSE FOR HEARING proceeding held on 02/27/2014 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...(ca) (Entered: 03/24/2014) | |||
| 2014-03-24 | 86 | 0 | JUDGMENT: This Judgment is final as to the Customer Representatives' claims against PwC (Counts XIII and XIV of the CAC). The Customer Representatives' claims against PwC in Counts XIII and XIV of the CAC are dismissed with prejudice. The Court finds that there is no just reason for delay in the entry of this Judgment and immediate entry by the Clerk of the Court is expressly directed pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Victor Marrero on 3/24/2014) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM (tn) (Additional attachment(s) added on 3/24/2014: # 2 Right to Appeal) (tn). (Entered: 03/24/2014) | 2014-03-25 14:51:18 | f4d9d3223c4f4c0364e353a71ca8805552471d7e | |
| 86 | 1 | Right to Appeal | ||||
| 86 | 2 | Right to Appeal | ||||
| 2014-04-10 | 87 | 0 | FILING ERROR - NOT ALL ORDERS SELECTED FOR APPEAL - NOTICE OF APPEAL from (641 in 1:11-cv-07866-VM, 641 in 1:11-cv-07866-VM) Order on Motion to Dismiss. Document filed by Augustus International Master Fund, L.P., Bearing Fund LP, Kay P. Tee, LLC, Thomas G. Moran, PS Energy Group Inc, Paradigm Asia Ltd., Paradigm Equities Ltd., Paradigm Global Fund I Ltd., Rogers Varner, Jr, Mark Kennedy, Robert Marcin, Summit Trust Company, Thomas S. Wacker. Filing fee $ 505.00, receipt number 0208-9555338. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(Entwistle, Andrew) Modified on 4/11/2014 (tp). (Entered: 04/10/2014) | |||
| 2014-04-11 | 88 | 0 | CORRECTED NOTICE OF APPEAL re: (707 in 1:11-cv-07866-VM, 87 in 1:12-md-02338-VM) Notice of Appeal,, (702 in 1:11-cv-07866-VM) Judgment,, (641 in 1:11-cv-07866-VM, 641 in 1:11-cv-07866-VM) Order on Motion to Dismiss,,,,,,,,,,,. Document filed by Augustus International Master Fund, L.P., Kay P. Tee, LLC, Thomas G. Moran, PS Energy Group Inc, Paradigm Asia Ltd., Paradigm Equities Ltd., Paradigm Global Fund I Ltd., Rogers Varner, Jr, Bearing Fund LP, Mark Kennedy, Robert Marcin, Summit Trust Company, Thomas S. Wacker. Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(Entwistle, Andrew) (Entered: 04/11/2014) | |||
| 2014-04-24 | 89 | 0 | STIPULATION AND PROTECTIVE ORDER GOVERNING CONFIDENTIALITY OF DISCOVERY MATERIAL...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Magistrate Judge James C. Francis on 4/24/2014) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(mro) (Main Document 89 replaced on 4/24/2014) (mro). (Entered: 04/24/2014) | |||
| 2014-04-24 | 90 | 0 | CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: The CFTC Action shall not be included in the Pilot Project Regarding Case Management Techniques for Complex Cases in the Southern District of New York, and, accordingly, the parties will instead proceed in accordance with this Plan and Judge Marrero's Individual Rules of Practice and Orders. The parties to the CFTC Action ("the CFTC Action parties") do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). Jury trial has been demanded in the CFTC Action. Fact discovery shall be completed in the CFTC Action by April 1, 2015, including requests for production, interrogatories, and depositions, except that requests for admission must be completed by April 15, 2015. Expert discovery shall be completed by September 30, 2015. All depositions of experts (whether initial or rebuttal experts) shall be completed by September 30, 2015. Any motion for summary judgment the Court permits shall be filed by November 20, 2015. Any opposition to a motion for summary judgment shall be filed by January 8, 2016. Any reply in support of a motion for summary judgment shall be filed by February 19, 2016. (Signed by Magistrate Judge James C. Francis on 4/24/2014) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM(mro) (Entered: 04/24/2014) | |||
| 2014-04-28 | 91 | 0 | ANSWER to 24 Amended Complaint,,. Document filed by David Dunne.(Steinberg, Laura) (Entered: 04/28/2014) | |||
| 2014-04-28 | 92 | 0 | ANSWER to 24 Amended Complaint,,. Document filed by Henri J, Steenkamp.(Binder, Neil) (Entered: 04/28/2014) | |||
| 2014-04-28 | 93 | 0 | ANSWER to 24 Amended Complaint,,. Document filed by Jon S. Corzine.(Streeter, Jonathan) (Entered: 04/28/2014) | |||
| 2014-04-28 | 94 | 0 | ANSWER to 24 Amended Complaint,,. Document filed by Bradley I. Abelow.(Aufses, Arthur) (Entered: 04/28/2014) | |||
| 2014-07-17 | 95 | 0 | 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) Jon S. Corzine, JP Morgan Chase & Co., PricewaterhouseCoopers LLP, Christine A. Serwinski, David Simons. Document filed by Philip Timothy Johnson, H. Martin Klinker, Jr, Rocking K Land and Cattle, Inc., Wade Jacobsen. Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF, 1:12-cv-03589-VM(Edling, Matthew) Modified on 7/18/2014 (km). (Entered: 07/17/2014) | 2014-07-18 11:40:43 | c1d9b9dcbdf860e07f3c2654c9d0079e72ebc9fa | |
| 2014-07-18 | 96 | 0 | MEMO ENDORSEMENT on re: (95 in 1:12-md-02338-VM, 748 in 1:11-cv-07866-VM-JCF, 37 in 1:12-cv-03589-VM) Notice of Voluntary Dismissal, filed by Wade Jacobsen, Rocking K Land and Cattle, Inc., H. Martin Klinker, Jr., Philip Timothy Johnson. ENDORSEMENT: SO ORDERED. (Signed by Judge Victor Marrero on 7/18/2014) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF, 1:12-cv-03589-VM(tn) (Entered: 07/18/2014) | |||
| 2014-09-17 | 97 | 0 | LETTER addressed to Magistrate Judge James C. Francis IV from Daniel J. Fetterman dated 9/17/2014 re: (Proposed) Civil Case Management Plan and Scheduling Order. Document filed by MF Global Holdings Ltd., as Plan Administrator. (Attachments: # 1 [Proposed] Civil Case Management Plan and Scheduling Order)Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF(Fetterman, Daniel) (Entered: 09/17/2014) | |||
| 2014-09-18 | 98 | 0 | CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: The parties to the Plan Administrator Action do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). Fact discovery shall be completed in the Plan Administrator Action by April 1, 2015, including requests for the production of documents, interrogatories, and depositions, except that requests for admission must be completed by April 15, 2015. Expert discovery shall be completed by September 30, 2015. The deadlines for completion of expert discovery shall be as set forth herein. All depositions of experts (whether initial or rebuttal experts) shall be completed by September 30, 2015. Any motion for summary judgment the Court permits shall be filed by November 20, 2015. Any opposition to a motion for summary judgment shall be filed by January 8, 2016. Any reply in support of a motion for summary judgment shall be filed by February 19, 2016. The next Case Management Conference is TBD. (Signed by Magistrate Judge James C. Francis on 9/18/2014) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF(mro) (Entered: 09/18/2014) | |||
| 2014-10-06 | 99 | 0 | LETTER addressed to Magistrate Judge James C. Francis IV from Daniel J. Fetterman dated 10-6-2014 re: Requesting entry of the Stipulation and (Proposed) Order Making the Stipulation and Protective Order Governing Confidentially of Discovery Material Filed in the MDL 12-MD-2338 and 11-CV-7866 Applicable to 14-CV-2197 and Granting the Parties to the 14-CV-2197 Access to all Documents Produced in MDL 12-MD-2338 and 11-CV-7866. Document filed by MF Global Holdings Ltd., as Plan Administrator. (Attachments: # 1 Proposed Order)Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF(Fetterman, Daniel) (Entered: 10/06/2014) | |||
| 2014-10-07 | 100 | 0 | STIPULATION AND ORDER MAKING THE STIPULATION AND PROTECTIVE ORDER GOVERNING CONFIDENTIALITY OF DISCOVERY MATERIAL FILED IN THE MDL 12-MD-2338 AND ll-CIV-7866 APPLICABLE TO 14-CIV-2197 AND GRANTING THE PARTIES TO 14-CIV-2197 ACCESS TO ALL DOCUMENTS PRODUCED IN 12-MD-2338 AND 11-CIV-7866...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge James C. Francis on 10/7/2014) ***As per chambers, filed in 12md2338, 11cv7866 and 14cv2197 only. (tn) (Entered: 10/07/2014) | |||
| 2014-10-23 | 101 | 0 | AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER granting (780) Letter Motion for Extension of Time in case 1:11-cv-07866-VM-JCF: The parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). This case is to be tried to a jury. The parties shall confer regarding the number, timing, and length of depositions following the commencement of fact discovery. The parties will seek to coordinate witness depositions with the parties in all actions consolidated and/or coordinated as part of In re MF Global Holdings Ltd. Investment Litigation, MDL No. 12-2338, and/or under the caption DeAngelis v. Corzine, 11 Civ. 7866, and/or under the caption MF Global Holdings Ltd., as Plan Administrator v. PricewaterhouseCoopers LLP, 14 Civ. 2197. Defendant PricewaterhouseCoopers LLP ("PwC") shall have until December 19, 2014 to answer, move or otherwise respond to the Consolidated Second Amended Securities Class Action Complaint filed October 3, 2014 [ECF No. 779]. All other Defendants in the Securities Action shall have until December 19, 2014 to answer or otherwise respond to the Complaint. Should PwC move to dismiss the Complaint, Plaintiffs' opposition papers shall be due on February 6, 2015, and PwC's reply papers shall be due on March 6, 2015. All discovery relating to class certification in the Securities Action shall be stayed until November 20, 2014. (Signed by Magistrate Judge James C. Francis on 10/22/2014) ***As per instructions from chambers, Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF (tn) Modified on 10/23/2014 (tn). (Entered: 10/23/2014) | |||
| 2014-12-03 | 102 | 0 | STIPULATION AND ORDER TO WAIVE THE REQUIREMENT FOR DEFENDANTS OTHER THAN DEFENDANT PRICEWATERHOUSECOOPERS LLP TO ANSWER OR OTHERWISE RESPOND TO THE CONSOLIDATED SECOND AMENDED SECURITIES CLASS ACTION COMPLAINT: that the Individual Defendants and Senior Notes Underwriter Defendants are not required to answer or otherwise respond to the Second Amended Complaint. The Individual Defendants and the Senior Notes Underwriter Defendants, in response to the Second Amended Complaint, hereby re-assert the responses and defenses contained in their Answers to the First Amended Complaint. As to any new or modified allegations in the Second Amended Complaint which are not contained in the First Amended Complaint, none of the Individual Defendants or Senior Notes Underwriter Defendants shall be deemed to have admitted any such allegations, and the Securities Plaintiffs shall not assert at any time that any of the Individual Defendants or Senior Notes Underwriter Defendants has made such admissions, or has defaulted, on the basis of not having filed a separate response to the Second Amended Complaint. The parties agree that the Individual Defendants and Senior Notes Underwriter Defendants reserve their rights to file amended Answers, and that they may modify existing defenses and/or assert new defenses in response to the Second Amended Complaint at a later date. (Signed by Magistrate Judge James C. Francis on 12/3/2014) ***As per chambers, filed in 11cv7866 and 12md2338 only. (tn) (Entered: 12/03/2014) | |||
| 2014-12-11 | 103 | 0 | ENDORSED LETTER addressed to Judge Victor Marrero from Thomas A. Arena dated 12/9/2014 re: Counsel requests that James N. Benedict of this firm be removed from the ECF service list for these matters. ENDORSEMENT: Request GRANTED. The Clerk of Court is directed to remove Attorney James N. Benedict from the ECF service list for this matter. (Signed by Judge Victor Marrero on 12/11/2014) ***As per instructions from chambers, filed in all Member and Related cases: 1:11-cv-07866-VM-JCF et al.(tn) (Entered: 12/15/2014) | |||
| 2014-12-17 | 104 | 0 | ORDER granting (797) Letter Motion for Extension of Time to Answer in case 1:11-cv-07866-VM-JCF: Application granted, with the caveats that: (1) partial motions to dismiss are disfavored, and (2) discovery will not be stayed during the pendency of any such motion. (Signed by Magistrate Judge James C. Francis on 12/17/2014) ***As per instructions from chambers, Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF (tn) (Entered: 12/17/2014) | |||
| 2014-12-18 | 105 | 0 | ENDORSED LETTER addressed to Judge Victor Marrero from Benjamin Y. Kaufman dated 12/17/2014 re: I respectfully request that the Court remove me as counsel in these matters. ENDORSEMENT: Request GRANTED. The Clerk of Court is directed to remove attorney Benjamin Y. Kaufman from the list of counsel in the referenced litigation., Attorney Benjamin Yehuda Kaufman terminated. (Signed by Judge Victor Marrero on 12/17/2014) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF(lmb) (Entered: 12/18/2014) | |||
| 2015-01-05 | 106 | 0 | JUDGMENT OF DISMISSAL AGAINST CERTAIN UNDERWRITER DEFENDANTS: IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 1. This Court has jurisdiction over the subject matter of the Action, and all matters relating to the Settlement, as well as personal jurisdiction over all of the Settling Parties. 2. This Judgment incorporates and makes a part hereof the Settlement Agreement (including its defined terms). 3. All of the claims asserted against the Settling Underwriter Defendants in the Action by Plaintiffs are hereby dismissed with prejudice. 4. Plaintiffs' claims against the Non-Settling Underwriter Defendants in this Action are hereby dismissed without prejudice, subject to the provision of Paragraph 10 of the Settlement Agreement. 5. The Settling Parties shall bear their own costs and expenses. 6. The Releases set forth in Paragraphs 3 and 4 of the Settlement Agreement, together with the definitions contained in Paragraph 1 of the Settlement Agreement, are expressly incorporated herein in all respects and shall be effective without further action by anyone as of the Effective Date. 7. The Court hereby: (a) permanently bars, enjoins and restrains any person or entity from commencing, prosecuting, or asserting any Barred Claims against any of the Settling Underwriter Defendants' Releasees, whether as claims, cross-claims, counterclaims, third-party claims, or otherwise, and whether asserted in the Action or any other proceeding, in this Court, in any federal or state court, or in any other court, arbitration proceeding, administrative agency, or other forum in the United States or elsewhere; and (b) permanently bars, enjoins, and restrains the Settling Underwriter Defendants' Releasees from commencing, prosecuting, or asserting any Barred Claims against any person or entity, whether as claims, cross-claims, counterclaims, third-party claims or otherwise, and whether asserted in the Action or any other proceeding, in this Court, in any federal or state court, or in any other court, arbitration proceeding, administrative agency, or other forum in the United States or elsewhere as further set forth in this order. 9. If the Settlement is terminated as provided in the Settlement Agreement or the Effective Date of the Settlement otherwise fails to occur, this Judgment shall be vacated, rendered null and void and be of no further force and effect, except as otherwise provided by the Settlement Agreement, and this Judgment shall be without prejudice to the rights of Plaintiffs and the Settling Underwriter Defendants, and the Settling Parties shall revert to their respective positions in the Action on April 24, 2014, as provided in the Settlement Agreement. 10. There is no just reason to delay the entry of this Judgment as a final judgment in this Action as against the Settling Underwriter Defendants pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. Accordingly, the Clerk of the Court is expressly directed to immediately enter this final judgment as against the Settling Underwriter Defendants. (Signed by Judge Victor Marrero on 1/5/2015) (lmb) (Entered: 01/05/2015) | 2015-01-05 17:25:53 | a3057304d3098744090a425eafa4855a0561bb0b | |
| 2015-01-15 | 107 | 0 | MEMORANDUM AND ORDER granting in part (798 in 11cv7866): that the application is granted in part. Within fourteen days of the date of this Order, the parties shall meet and confer to agree on a reasonable list of additional custodians -- no more than six -- whose files shall be produced. In addition, they shall confer to identify a reasonable subset of file systems likely to contain relevant documents, which the Litigation Trustee shall produce. This resolves Docket no. 798 in Case no. 11 Civ. 7866. (Signed by Magistrate Judge James C. Francis on 1/15/2015) (tn) Modified on 1/16/2015 (tn). (Entered: 01/15/2015) | 2015-01-16 10:26:18 | 27370ebe65729f8db84756543cad5cbe22140229 | |
| 2015-02-03 | 108 | 0 | STIPULATED ORDER OF DISMISSAL WITH PREJUDICE: Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), upon the stipulation of all named Plaintiffs and the undersigned Defendants in the above-captioned action, by and through their respective counsel, Plaintiff Monica Rodriguez's claims asserted in the Consolidated Second Amended Securities Class Action Complaint, including Plaintiff Rodriguez's Section 10(b) and Section 20(a) claims under the Securities Exchange Act of 1934 (the "Exchange Act") against Defendants Jon S. Corzine, J. Randy MacDonald, Henri J. Steenkamp, and PricewaterhouseCoopers LLP, are hereby DISMISSED, with prejudice, with each side to bear its own costs and attorneys' fees. Nothing in this Stipulation and Order has dismissed, or shall be deemed to have dismissed, the claims of Lead Plaintiffs The Virginia Retirement System and Her Majesty The Queen In Right Of Alberta, and additional named plaintiffs The Government Of Guam Retirement Fund, The West Virginia Laborers' Pension Trust Fund, LRI Invest S.A., and Jerome Vrabel brought pursuant to the Exchange Act or the Securities Act of 1933 in this consolidated securities action. (Signed by Judge Victor Marrero on 2/3/2015) (lmb) (Entered: 02/03/2015) | 2015-02-03 18:13:21 | acdaceb696846b53125665c0d5d93382dc648af1 | |
| 2015-02-04 | 109 | 0 | ORDER re: (839 in 1:11-cv-07866-VM-JCF) Letter, filed by Nader Tavakoli, As Litigation Trustee Of The MF Global Litigation Trust, (840 in 1:11-cv-07866-VM-JCF) Letter filed by Jon S. Corzine: Settlement Conference set for 3/18/2015 at 10:00 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James C. Francis. The Plaintiff Group and the Individual Defendants shall each submit to the Court, ex parte, a detailed pre-mediation memo. The memos shall be due in chambers before close of business on March 11, 2015. (Signed by Magistrate Judge James C. Francis on 2/4/2015) (tn) (Entered: 02/04/2015) | |||
| 2015-02-09 | 110 | 0 | MEMORANDUM AND ORDER denying (789) Motion to Compel in case 1:11-cv-07866-VM-JCF: For these reasons, the Individual Defendants' Motion to Compel Trustee's Production of EY Documents (Docket no. 789) is denied. (Signed by Magistrate Judge James C. Francis on 2/9/2015) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF (tn) (Entered: 02/09/2015) | |||
| 2015-03-03 | 111 | 0 | LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge James C. Francis IV from Paul H. Schoeman dated March 3, 2015. Document filed by Bradley I. Abelow.Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF(Schoeman, Paul) (Entered: 03/03/2015) | |||
| 2015-03-04 | 112 | 0 | NOTICE OF CHANGE OF ADDRESS by Harris Lee Kay on behalf of Christy Vavra. New Address: Greenberg Traurig, LLP, 77 W. Wacker Dr., Ste. 3100, Chicago, IL, 60601, (312) 456-8400. (Kay, Harris) (Entered: 03/04/2015) | |||
| 2015-03-06 | 113 | 0 | NOTICE OF CHANGE OF ADDRESS by Jeffry M. Henderson on behalf of Christy Vavra. New Address: Greeberg Traurig, LLP, 77 W. Wacker Dr, Ste 3100, Chicago, IL, 60601, (312) 456-8400. (Henderson, Jeffry) (Entered: 03/06/2015) | |||
| 2015-03-30 | 114 | 0 | ORDER: A settlement conference having been held on March 18, 2015, it is hereby ORDERED that a further settlement conference will be held on April 1, 2015, at 9:30 a.m. in Courtroom 18D of the U.S. Courthouse, 500 Pearl Street, New York, New York. (Settlement Conference set for 4/1/2015 at 09:30 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James C. Francis.) (Signed by Magistrate Judge James C. Francis on 3/30/2015) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF(kko) (Entered: 03/30/2015) | 2015-03-30 12:33:40 | ed733dfa803d99aa99405286305d9db22828e04c | |
| 2015-04-14 | 115 | 0 | NOTICE OF APPEARANCE by Robin Marie Wilcox on behalf of Bradley I. Abelow. Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF(Wilcox, Robin) (Entered: 04/14/2015) | |||
| 2015-04-17 | 116 | 0 | ORDER: that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned In Re: MF Global Holdings Ltd. Investment Litigation (11-Civ-7866 (VM)), No. 12md2338, on 4/21/2015: John F. McCarrick - cell phone and blackberry. (Signed by Magistrate Judge James C. Francis on 4/17/2015) ***As per chambers, filed in 12md2338 only. (tn) (Entered: 04/17/2015) | |||
| 2015-05-04 | 117 | 0 | STIPULATION AND ORDER: PwC's pending motion to dismiss [ECF No. 814] shall be held in abeyance and, upon the Court's approval of the parties' settlement in a final order, be deemed withdrawn. (Signed by Magistrate Judge James C. Francis on 5/4/2015) ***As per chambers, Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF (tn) (Entered: 05/04/2015) | |||
| 2015-05-04 | 118 | 0 | NOTICE OF APPEARANCE by Geoffrey Coyle Jarvis on behalf of Robert Marcin. Filed In Associated Cases: 1:12-md-02338-VM et al.(Jarvis, Geoffrey) (Entered: 05/04/2015) | |||
| 2015-05-05 | 119 | 0 | AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Motions due by 12/21/2015, Responses due by 2/10/2016, Replies due by 3/21/2016. Deposition due by 10/30/2015. Fact Discovery due by 7/1/2015. Expert Discovery due by 10/30/2015. The next Case Management Conference is scheduled for TBD. (Signed by Magistrate Judge James C. Francis on 5/5/2015) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF(kl) (Entered: 05/05/2015) | |||
| 2015-06-04 | 120 | 0 | LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge James C. Francis IV from Paul H. Schoeman dated June 4, 2015. Document filed by Bradley I. Abelow.(Schoeman, Paul) (Entered: 06/04/2015) | |||
| 2015-06-05 | 121 | 0 | STIPULATION AND ORDER GOVERNING EXPERT DISCOVERY: IT IS HEREBY STIPULATED AND AGREED, by the parties hereto, through their undersigned counsel, subject to the approval of the Court, pursuant to Federal Rules of Civil Procedure 26 and 29 ("Rule 26" and "Rule 29"), that the following procedures shall govern discovery in connection with expert witnesses in this action: With respect to any person or entity whom a party to this action expects to call as a witness at trial or any hearing to present evidence under Rules 702, 703, or 705 of the Federal Rules of Evidence (an "Expert"), the party shall serve an opening expert report by July 31, 2015 or a rebuttal expert report by September 30, 2015 in accordance with the Scheduling Order, as may be amended or modified by the parties and the Court. (Signed by Magistrate Judge James C. Francis on 6/5/2015) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF(kl) (Entered: 06/05/2015) | |||
| 2015-06-19 | 122 | 0 | LETTER addressed to Magistrate Judge James C. Francis IV from David J. Mark dated June 19, 2015 re: Letters of Requests seeking the assistance of the English courts to obtain witness testimonies. Document filed by MF Global Holdings Ltd., as Plan Administrator. (Attachments: # 1 Main Letter of Request, # 2 Schedules to Main Letter of Request, # 3 Exhibit A to the Main Letter of Request, # 4 Exhibit B to the Main Letter of Request, # 5 Exhibit C to the Main Letter of Request, # 6 Exhibit D to the Main Letter of Request, # 7 Exhibit E-1 to the Main Letter of Request, # 8 Exhibit E-2 to the Main Letter of Request, # 9 Exhibit F-1 to the Main Letter of Request, # 10 Exhibit F-2 to the Main Letter of Request, # 11 Exhibit F-3 to the Main Letter of Request, # 12 Exhibit G to the Main Letter of Request, # 13 Exhibit H to the Main Letter of Request, # 14 Exhibit I to the Main Letter of Request, # 15 Exhibit J to the Main Letter of Request, # 16 Exhibit K to the Main Letter of Request, # 17 Exhibit L to the Main Letter of Request, # 18 Exhibit M to the Main Letter of Request, # 19 Exhibit N-1 to the Main Letter of Request, # 20 Exhibit N-2 to the Main Letter of Request, # 21 Exhibit N-3 to the Main Letter of Request, # 22 Exhibit O to the Main Letter of Request, # 23 Exhibit P to the Main Letter of Request, # 24 Exhibit Q to the Main Letter of Request, # 25 Exhibit R to the Main Letter of Request, # 26 Letter of Request for Litigation Trustee Action, # 27 Letter of Request for Sapere Action, # 28 Letter of Request for Securities Class Action, # 29 Letter of Request for CFTC Action, # 30 Letter of Request for Customer Class Action)Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF(Mark, David) (Entered: 06/19/2015) | |||
| 2015-06-21 | 123 | 0 | LETTER addressed to Magistrate Judge James C. Francis IV from Matthew L. Mazur dated June 21, 2015 re: response to letter dated June 19, 2015. Document filed by Jon S. Corzine. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Mazur, Matthew) (Entered: 06/21/2015) | |||
| 2015-06-21 | 124 | 0 | LETTER addressed to Magistrate Judge James C. Francis IV from James J.Capra, Jr. dated June 21, 2015 re: opposition to the June 19 application of the Plan Administrator and Litigation Trustee for entry of Letters of Request seeking the assistance of English courts to obtain the testimony of three witnesses in the United Kingdom. Document filed by PricewaterhouseCoopers LLP. (Attachments: # 1 Exhibit A)Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF(Capra, James) (Entered: 06/21/2015) | |||
| 2015-06-22 | 125 | 0 | LETTER MOTION for Extension of Time re: the Schedule after the July 1, 2015 Deadline for Completion of Fact Discovery addressed to Magistrate Judge James C. Francis IV from David J. Mark dated June 22, 2015. Document filed by MF Global Holdings Ltd., as Plan Administrator.Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF(Mark, David) (Entered: 06/22/2015) | |||
| 2015-06-22 | 126 | 0 | MEMO ENDORSEMENT on re: (952 in 1:11-cv-07866-VM-JCF; 32 in 1:14-cv-02197-VM; 122 in 1:12-md-02338-VM) Letter, filed by MF Global Holdings Ltd., as Plan Administrator. ENDORSEMENT: The application for issuance of Letters of Request is denied as untimely. The depositions requested could not be completed prior to the fact discovery deadline, and no compelling explanation has been provided for requesting them at this late stage of the litigation. (Signed by Magistrate Judge James C. Francis on 6/22/2015) (tn) Modified on 6/22/2015 (tn). (Entered: 06/22/2015) | |||
| 2015-06-22 | 127 | 0 | ORDER granting (958) Letter Motion for Extension of Time in case 1:11-cv-07866-VM-JCF; granting (125) Letter Motion for Extension of Time in case 1:12-md-02338-VM: The schedule set forth above is adopted. (Signed by Magistrate Judge James C. Francis on 6/22/2015) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF (tn) (Entered: 06/22/2015) | |||
| 2015-06-26 | 128 | 0 | JUDGMENT APPROVING CLASS ACTION SETTLEMENT WITH DEFENDANT COMMERZ MARKETS LLC: This Judgment incorporates and makes a part hereof: (a) the Commerz Stipulation filed with the Court on March 17, 2015; and (b) the Commerz Notice and the Commerz Summary Notice, both of which were filed with the Court on May 15, 2015. The Court hereby affirms its determinations in the Commerz Preliminary Approval Order certifying, for the purposes of the Commerz Settlement only, the Action as a class action pursuant to Rules 23(a) and (b)(3) of the Federal Rules of Civil Procedure on behalf of a class consisting of all persons and entities who or which purchased or otherwise acquired, during the Commerz Settlement Class Period (i.e., the period beginning on August 1, 2011 through and including November 21, 2011), MF Global 6.25% Senior Notes due August 8, 2016 issued on or about August 1, 2011 ("6.25% Senior Notes") and were damaged thereby (the "Commerz Settlement Class"). This Court hereby fully and finally approves the Commerz Settlement set forth in the Commerz Stipulation in all respects (including, without limitation: the amount of the Commerz Settlement; the Releases provided for therein, including the release of the Released Plaintiffs' Claims as against the Commerz Releasees; and the dismissal with prejudice of the claims asserted against Commerz in the Action), and finds that the Commerz Settlement is, in all respects, fair, reasonable and adequate to the Commerz Settlement Class. All of the claims asserted against Commerz in the Action by Settling Plaintiffs and the Commerz Settlement Class Members are hereby dismissed with prejudice. The Settling Parties shall bear their own costs and expenses, except as otherwise expressly provided in the Commerz Stipulation, and as further set forth in this judgment. The Clerk of the Court is expressly directed to immediately enter this final judgment as against Commerz. Commerz Markets LLC terminated. (Signed by Judge Victor Marrero on 6/26/2015) ***As per chambers, Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF(tn) (Entered: 06/29/2015) | |||
| 2015-06-26 | 129 | 0 | JUDGMENT APPROVING CLASS ACTION SETTLEMENT WITH CERTAIN UNDERWRITER DEFENDANTS: This Judgment incorporates and makes a part hereof: (a) the Underwriter Stipulation filed with the Court on December 11, 2014; and (b) the Underwriter Notice and the Underwriter Summary Notice, both of which were filed with the Court on May 15, 2015. The Court hereby affirms its determinations in the Underwriter Preliminary Approval Order certifying, for the purposes of the Underwriter Settlement only, the Action as a class action pursuant to Rules 23(a) and (b)(3) of the Federal Rules of Civil Procedure on behalf of a class consisting of all persons and entities who or which purchased or otherwise acquired, during the Settlement Class Period (i.e., the period beginning on May 20, 2010 through and including November 21, 2011), any of the MF Global Settling Underwriter Securities and were damaged thereby (the "Underwriter Settlement Class"). This Court hereby fully and finally approves the Underwriter Settlement set forth in the Underwriter Stipulation in all respects (including, without limitation: the amount of the Underwriter Settlement. All of the claims asserted against the Settling Underwriter Defendants in the Action by Lead Plaintiffs and the other Underwriter Settlement Class Members are hereby dismissed with prejudice. The Settling Parties shall bear their own costs and expenses, except as otherwise expressly provided in the Underwriter Stipulation, and as further set forth in this judgment. The Clerk of the Court is expressly directed to immediately enter this final judgment as against the Settling Underwriter Defendants. (Signed by Judge Victor Marrero on 6/26/2015) ***As per chambers, Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF(tn) (Entered: 06/29/2015) | |||
| 2015-07-10 | 130 | 0 | JUDGMENT OF DISMISSAL AGAINST INDIVIDUAL DEFENDANTS: IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 1. Jurisdiction - This Court has jurisdiction over the subject matter of the Action, and all matters relating to the Settlement, as well as personal jurisdiction over all of the Settling Parties. 2. Incorporation of Settlement Documents - This Judgment incorporates and makes part hereof the Settlement Agreement (including its defined terms). All terms with initial capitalization not otherwise defined herein shall have the meanings ascribed to them in Paragraph 1 of the Settlement Agreement. 3. Dismissal of Claims - All of the claims asserted against the Individual Defendants in the Actions by Plaintiffs are hereby dismissed with prejudice. The Settling Parties shall bear their own costs and expenses as further set forth in this Order. 9. Entry of Final Judgment - There is no reason to delay the entry of this Judgment as a final judgment in this Action as against the Individual Defendants pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. Accordingly, the Clerk of the Court is expressly directed to immediately enter this final judgment as against the Individual Defendants. (As further set forth in this Order) (Signed by Judge Victor Marrero on 7/10/2015) (lmb) Modified on 4/15/2016 (lmb). (Entered: 07/13/2015) | |||
| 2015-07-22 | 131 | 0 | MANDATE of USCA (Certified Copy) as to ( 711 in 1:11-cv-07866-VM-JCF, 88 in 1:12-md-02338-VM) Notice of Appeal,, filed by Paradigm Asia Ltd., Summit Trust Company, Mark Kennedy, Rogers Varner, Jr., Kay P. Tee, LLC, Augustus International Master Fund, L.P., Paradigm Equities Ltd., Thomas G. Moran, Paradigm Global Fund I Ltd., Bearing Fund LP, Robert Marcin, PS Energy Group Inc, Thomas S. Wacker. USCA Case Number 14-1249-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/22/2015. Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF(nd) (Entered: 07/22/2015) | |||
| 2015-07-24 | 132 | 0 | LETTER addressed to Magistrate Judge James C. Francis IV from Andrew J. Entwistle dated July 24, 2015 re: Letter Concerning Sequence of Expert Reports and Request for Brief Extension. Document filed by Augustus International Master Fund, L.P., Paradigm Asia Ltd., Paradigm Equities Ltd., Paradigm Global Fund I Ltd..(Entwistle, Andrew) (Entered: 07/24/2015) | |||
| 2015-11-17 | 133 | 0 | NOTICE OF CHANGE OF ADDRESS by Salvatore Jo Graziano on behalf of Her Majesty the Queen in Right of Alberta, Virginia Retirement System. New Address: Bernstein Litowitz Berger & Grossmann LLP, 1251 Avenue of the Americas, 44th Floor, New York, New York, 10020, 212-554-1538. Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF(Graziano, Salvatore) (Entered: 11/17/2015) | |||
| 2015-11-18 | 134 | 0 | NOTICE OF CHANGE OF ADDRESS by Hannah Elizabeth Ross on behalf of Her Majesty the Queen in Right of Alberta, Virginia Retirement System. New Address: Bernstein Litowitz Berger & Grossmann LLP, 1251 Avenue of the Americas, 44th Floor, New York, New York 10020, 212-554-1411. Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF(Ross, Hannah) (Entered: 11/18/2015) | |||
| 2015-11-18 | 135 | 0 | NOTICE OF CHANGE OF ADDRESS by Jai Kamal Chandrasekhar on behalf of Her Majesty the Queen in Right of Alberta, Virginia Retirement System. New Address: Bernstein Litowitz Berger & Grossmann LLP, 1251 Avenue of the Americas, 44th Floor, New York, New York, 10020, 212-554-1484. Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF(Chandrasekhar, Jai) (Entered: 11/18/2015) | |||
| 2015-11-25 | 136 | 0 | DECISION AND ORDER granting (998) Motion to Approve in case 1:11-cv-07866-VM-JCF. Accordingly, it is hereby ORDERED that the Objection and Reservation of Rights with Respect to Final Approval of Securities Plaintiffs' Stipulation and Agreement of Settlement with Individual Defendants (Dkt. No. 1006) of MF Global Holdings Limited as Plan Administrator and Nader Tavakoli as Trustee of the Litigation Trust (collectively, the "Plan Administrator") is DENIED; and it is further ORDERED that Lead Plaintiffs the Virginia Retirement System and Her Majesty The Queen in Right of Alberta's Motion for Final Approval of Class Action Settlements and Plan of Allocation (Dkt. No. 998) is GRANTED; and it is further ORDERED that the Motion of Co-Lead Counsel Bernstein Litowitz Berger & Grossmann LLP and Bleichmar Fonti Tountas & Auld LLP for an Award of Attorneys' Fees and Reimbursement of Litigation Expenses is GRANTED. (Signed by Judge Victor Marrero on 11/25/2015) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF (lmb) (Entered: 11/25/2015) | |||
| 2015-12-18 | 137 | 0 | ORDER: that the time for parties to update the Court as to prospects for global settlement is extended to December 23, 2015 at 3:00 P.M. (Signed by Judge Victor Marrero on 12/18/2015) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF(tn) (Entered: 12/18/2015) | |||
| 2015-12-23 | 138 | 0 | DECISION AND ORDER denying 1028 Motion for Hearing; denying 1028 Motion for Reconsideration in 11-cv-7866. For the reasons stated above, it is hereby ORDERED that the motion of MF Global Holdings, Ltd. as Plan Administrator and Nader Tavakoli as Litigation Trustee, co-lead counsel for the customer representatives, and Bradley Abelow (collectively "Movants") for Reconsideration of the Court's Order Granting Final Approval of Class Action Settlement (Dkt. No. 1028) is DENIED. (Signed by Judge Victor Marrero on 12/23/2015) (lmb) (Entered: 12/23/2015) | |||
| 2016-01-06 | 139 | 0 | NOTICE OF CHANGE OF ADDRESS by Andrew J Entwistle on behalf of Augustus International Master Fund, L.P., Paradigm Asia Ltd., Paradigm Equities Ltd., Paradigm Global Fund I Ltd.. New Address: Entwistle & Cappucci LLP, 299 Park Avenue, 20th Floor, New York, NY, United States 10171, (212) 894-7200. (Entwistle, Andrew) (Entered: 01/06/2016) | |||
| 2016-01-07 | 140 | 0 | NOTICE OF CHANGE OF ADDRESS by Robert N Cappucci on behalf of Augustus International Master Fund, L.P., Paradigm Asia Ltd., Paradigm Equities Ltd., Paradigm Global Fund I Ltd.. New Address: Entwistle & Cappucci LLP, 299 Park Avenue, 20th Floor, New York, New York, USA 10171, 212-894-7200. (Cappucci, Robert) (Entered: 01/07/2016) | |||
| 2016-01-07 | 141 | 0 | NOTICE OF CHANGE OF ADDRESS by Joshua Killion Porter on behalf of Augustus International Master Fund, L.P., Paradigm Asia Ltd., Paradigm Equities Ltd., Paradigm Global Fund I Ltd.. New Address: Entwistle & Cappucci LLP, 299 Park Avenue, 20th Floor, New York, NY, United States 10171, 2128947200. (Porter, Joshua) (Entered: 01/07/2016) | |||
| 2016-01-07 | 142 | 0 | MEMORANDUM AND OPINION: For the foregoing reasons, the CFTCs motion to compel is denied. (As further set forth in this Order.) (Signed by Magistrate Judge James C. Francis on 1/7/2016) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF(cdo) Modified on 1/7/2016 (cdo). (Entered: 01/07/2016) | |||
| 2016-01-15 | 143 | 0 | NOTICE OF CHANGE OF ADDRESS by Arthur V. Nealon on behalf of Augustus International Master Fund, L.P., Paradigm Asia Ltd., Paradigm Equities Ltd., Paradigm Global Fund I Ltd.. New Address: Entwistle & Cappucci LLP, 299 Park Avenue, 20th Floor, New York, New York, United States 10171, 212-894-7200. (Nealon, Arthur) (Entered: 01/15/2016) | |||
| 2016-01-15 | 144 | 0 | NOTICE OF CHANGE OF ADDRESS by Jordan Abraham Cortez on behalf of Augustus International Master Fund, L.P., Paradigm Asia Ltd., Paradigm Equities Ltd., Paradigm Global Fund I Ltd.. New Address: Entwistle & Cappucci LLP, 299 Park Avenue, 20th Floor, New York, New York, United States 10171, 212-894-7200. (Cortez, Jordan) (Entered: 01/15/2016) | |||
| 2016-01-15 | 145 | 0 | NOTICE OF CHANGE OF ADDRESS by Joshua Killion Porter on behalf of Augustus International Master Fund, L.P., Paradigm Asia Ltd., Paradigm Equities Ltd., Paradigm Global Fund I Ltd.. New Address: Entwistle & Cappucci LLP, 299 Park Avenue, 20th Floor, New York, New York, United States 10171, 212-894-7200. (Porter, Joshua) (Entered: 01/15/2016) | |||
| 2016-02-11 | 146 | 0 | STIPULATION AND ORDER GRANTING THE FIDELITY BONDS INSURERS ACCESS TO CONFIDENTIAL MATERIALS PRODUCED IN THE MF GLOBAL ACTIONS. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the MF Global Parties as follows: 1. Paragraph 7 of the Protective Order is hereby amended to include the following sub-section K, thereby including the FI Bonds Insurers as a separate class of Designated Persons: "K. The fidelity bonds insurers of Holdings and their counsel, accountants, auditors, regulators and reinsurers." 2. The FI Bonds Insurers agree to be subject to the Protective Order, as evidenced by their certifications attached hereto as Exhibit B. (As further set forth in this Order.) (Signed by Magistrate Judge James C. Francis on 2/11/2016) (adc) (Entered: 02/11/2016) | |||
| 2016-04-25 | 147 | 0 | NOTICE OF APPEARANCE by James Joseph Sabella on behalf of Robert Marcin. (Sabella, James) (Entered: 04/25/2016) | |||
| 2016-04-25 | 148 | 0 | MOTION for Geoffrey C. Jarvis to Withdraw as Attorney . Document filed by Robert Marcin.(Sabella, James) (Entered: 04/25/2016) | |||
| 2016-07-13 | 149 | 0 | LETTER addressed to Judge Victor Marrero from Andrew J. Entwistle and Merrill G. Davidoff dated July 13, 2016 re: Letter Requesting Preliminary Approval of the Final Customer Settlement with the Individual Defendants, Approving the Proposed Notice to the Class, and Setting a Schedule for Final Approval. Document filed by Paradigm Asia Ltd., Paradigm Equities Ltd., Paradigm Global Fund I Ltd.. (Attachments: # 1 Exhibit A (Proposed Order), # 2 Exhibit B (Notice to Former Commidity Futures Custumers))Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF(Entwistle, Andrew) (Entered: 07/13/2016) | |||
| 2016-07-14 | 150 | 0 | ORDER GRANTING PRELIMINARY APPROVAL OF THE FINAL CUSTOMER SETTLEMENT WITH THE INDIVIDUAL DEFENDANTS, APPROVING THE PROPOSED NOTICE TO THE CLASS, AND SETTING A SCHEDULE FOR FINAL APPROVAL: Preliminary Approval of the Customer Settlement: Based on the Court's review of the Settlement Agreement, including consideration of the amount of the Customer Settlement Fund and the subrogated and subordinated nature of the Customer Interest Claims to the Net Equity Claims, the Court hereby approves the Customer Settlement as fair, reasonable and adequate, and in the best interest of the Customer Class, subject to further consideration at the final approval hearing (the "Final Hearing") as further set forth in this order. Settlement Hearing: The Court will hold the Final Hearing, if necessary, on September 16, 2016 at 2:00 p.m., or as soon thereafter as the Court is available, at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, Courtroom 11B, New York, NY 10007-1312 as further set forth in this Order. (Signed by Judge Victor Marrero on 7/14/2016) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF(lmb) (Entered: 07/14/2016) | |||
| 2016-08-18 | 151 | 0 | ENDORSED LETTER addressed to Judge Victor Marrero from Andrew J. Entwistle and Merrill G. Davidoff dated 8/17/2016 re: The MFG Plaintiffs' request for a joint status conference and, more specifically, their argument that the putative Allocation Motion in the Chapter 11 proceedings, if any (such a motion is not required under the Settlement Agreement), must precede the determination of Customer Counsel's Fee Motion should be seen for what it is - an effort to delay resolution of the Fee Motion to gain a tactical advantage for their anticipated opposition. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Customer Counsel. (Signed by Judge Victor Marrero on 8/17/2016) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF(lmb) (Entered: 08/18/2016) | |||
| 2016-08-18 | 152 | 0 | ENDORSED LETTER addressed to Judge Victor Marrero from Jane Rue Wittstein dated 8/18/2016 re: We write on behalf of the MFG Plaintiffs in reply to the response letter sent by Class Counsel to Your Honors dated August 17, 2016 (the "August 17 Letter"). ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by MFG Plaintiffs as defined above. (Signed by Judge Victor Marrero on 8/17/2016) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF(lmb) (Entered: 08/18/2016) | |||
| 2016-08-19 | 153 | 0 | MOTION for Final Approval of the Final Customer Settlement . Document filed by Augustus International Master Fund, L.P., Bearing Fund LP, Kay P. Tee, LLC, Mark Kennedy, Robert Marcin, Thomas G. Moran, PS Energy Group Inc, Paradigm Asia Ltd., Paradigm Equities Ltd., Paradigm Global Fund I Ltd., Summit Trust Company, Rogers Varner, Jr, Thomas S. Wacker. (Attachments: # 1 Exhibit A - [Proposed] Final Judgment and Order of Dismissal, # 2 Exhibit B - [Proposed] Final Judgment and Order Approving the Plan of Allocation)Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF(Davidoff, Merrill) (Entered: 08/19/2016) | |||
| 2016-08-19 | 156 | 0 | ORDER: Accordingly, it is hereby ORDERED that the request of MF Global Holdings Ltd., as Plan Administrator, MF Global Assigned Assets, LLC, and Nader Tavakoli, as Trustee of the MF Global Litigation Trustee (collectively "MFG Plaintiffs") for the scheduling of a joint status conference between this Court and the Bankruptcy Court relating to this action prior to this Court's settlement fairness hearing scheduled for September 16, 2016 is DENIED. (Signed by Judge Victor Marrero on 8/19/2016) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF(lmb) (Entered: 08/19/2016) | |||
| 2016-08-19 | 157 | 0 | MEMORANDUM OF LAW in Support re: (1122 in 1:11-cv-07866-VM-JCF) MOTION for Final Approval of the Final Customer Settlement . . Document filed by Augustus International Master Fund, L.P., Bearing Fund LP, Kay P. Tee, LLC, Robert Marcin, Thomas G. Moran, PS Energy Group Inc, Paradigm Asia Ltd., Paradigm Equities Ltd., Paradigm Global Fund I Ltd., Mark Kennedy, Summit Trust Company, Rogers Varner, Jr, Thomas S. Wacker. Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF(Davidoff, Merrill) (Entered: 08/19/2016) | |||
| 2016-08-19 | 158 | 0 | DECLARATION of Merrill G. Davidoff and Andrew J. Entwistle in Support re: (1122 in 1:11-cv-07866-VM-JCF) MOTION for Final Approval of the Final Customer Settlement .. Document filed by Augustus International Master Fund, L.P., Bearing Fund LP, Thomas G. Moran, Kay P. Tee, LLC, Mark Kennedy, Robert Marcin, PS Energy Group Inc, Paradigm Asia Ltd., Paradigm Equities Ltd., Paradigm Global Fund I Ltd., Summit Trust Company, Rogers Varner, Jr, Thomas S. Wacker. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF(Davidoff, Merrill) (Entered: 08/19/2016) | |||
| 2016-08-22 | 159 | 0 | ORDER: The documents appearing at ECF Nos. 1123 and 1124 in Case No. 11 Civ. 7866, and ECF Nos. 154 and 155 in Case No. 12 MD 2338 are stricken. The Clerk of Court is respectfully directed to delete these four entries from the docket entirely. (Signed by Magistrate Judge James C. Francis on 8/22/2016) Copies Sent By Chambers. (cf) (Entered: 08/22/2016) | |||
| 2016-09-06 | 160 | 0 | ORDER FOR ADMISSION PRO HAC VICE granting (1130) Motion for William S. Freeman to Appear Pro Hac Vice in case 1:11-cv-07866-VM-JCF. (Signed by Judge Victor Marrero on 9/6/2016) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF (lmb) (Entered: 09/06/2016) | |||
| 2016-09-07 | 161 | 0 | ENDORSED LETTER addressed to Judge Victor Marrero from Andrew J. Entwistle dated 9/7/2016 re: Customer Counsel respectfully request an extension of the 10-page limitation on our reply, set forth in the Court's Individual Practices, to 20 pages total. ENDORSEMENT: Request GRANTED in part. The underlying issue has already been extensively briefed by the parties and addressed by the Court in its previous ruling. The Court is not persuaded that much more is warranted. In view of the Plan Administrators lengthy submission, the Court will grant approval for a reply of 15 pages. (Signed by Judge Victor Marrero on 9/7/2016) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF(lmb) (Entered: 09/07/2016) | |||
| 2016-09-09 | 162 | 0 | REPLY MEMORANDUM OF LAW in Support re: (1122 in 1:11-cv-07866-VM-JCF) MOTION for Final Approval of the Final Customer Settlement . Plaintiffs' Memorandum in Further Support of Their Motion for Final Approval of the Final Customer Settlement. Document filed by Augustus International Master Fund, L.P., Paradigm Asia Ltd., Paradigm Equities Ltd., Paradigm Global Fund I Ltd.. (Attachments: # 1 Exhibit A (Proposed Order))Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF(Entwistle, Andrew) (Entered: 09/09/2016) | |||
| 2016-09-09 | 163 | 0 | REPLY MEMORANDUM OF LAW in Support re: (1115 in 1:11-cv-07866-VM-JCF) MOTION for Attorney Fees Notice of Motion by Customer Counsel for an Award of Attorneys Fees and Reimbursement of Litigation Expenses, with Proposed Order as Exhibit A. (Memorandum of Law in Further Support of Motion by Customer Counsel for an Award of Attorneys' Fees and Reimbursement of Litigation Expenses from the Global Settlement Fund). Document filed by Paradigm Asia Ltd., Paradigm Equities Ltd., Paradigm Global Fund I Ltd.. (Attachments: # 1 Exhibit A (Proposed Order))Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF(Entwistle, Andrew) (Entered: 09/09/2016) | |||
| 2016-09-30 | 164 | 0 | JUDGMENT AND FINAL ORDER OF DISMISSAL: IT IS HEREBY ORDERED THAT: 1. The Sapere Action is dismissed with prejudice. 2. The Settlement Agreement, solely with respect to the settlement of the Sapere Action, and without prejudice to approval of other settlements or compromises contained therein, is approved. 3. In the event that the Settlement Agreement terminates according to its terms prior to the Effective Date (as defined in the Settlement Agreement), this Judgment and Order of Dismissal shall be rendered null and void and shall be vacated. 4. Without affecting the finality of this Judgment in any way, the Court retains continuing jurisdiction over: (i) the administration and consummation of the Settlement as to the Sapere Action and (ii) the entry of orders relating to matters addressed in the Settlement Agreement as co settlement of the Sapere Action. 5. There is no just reason for delay in the entry of this Judgment and immediate entry by the Clerk of Court is expressly directed pursuant to Rule 54(b) of the Federal Rules of Civil Procedure. (Signed by Judge Victor Marrero on 9/30/2016) (kgo) (Entered: 09/30/2016) | |||
| 2016-09-30 | 165 | 0 | FINAL JUDGMENT AND ORDER OF DISMISSAL: The Litigation Trust Action is dismissed with prejudice. The Settlement Agreement is approved, solely with respect to the settlement of the Litigation Trust Action, and without prejudice to approval of other settlements or compromises contained therein, including, without limitation, the Settlement Fund established thereby. And as set forth herein. SO ORDERED. (Signed by Judge Victor Marrero on 9/30/2016) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF(ama) (Entered: 09/30/2016) | |||
| 2016-10-18 | 166 | 0 | FINAL JUDGMENT AND ORDER OF DISMISSAL: The Customer Class Action is hereby dismissed with prejudice. The Settlement Fund, as defined and provided for in the Settlement Agreement, is approved. (As further set forth in this Order.) (Signed by Judge Victor Marrero on 10/18/2016) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF(kgo) (Entered: 10/18/2016) | 2016-11-04 21:12:53 | 5a1a36a2c61bb26f424f5fda576d643d04931d80 | |
| 2016-12-23 | 167 | 0 | ORDER denying as moot 111 Letter Motion for Extension of Time to Complete Discovery. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 12/23/2016) | |||
| 2016-12-23 | 168 | 0 | ORDER denying as moot 120 Letter Motion for Extension of Time. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 12/23/2016) | |||
| 2016-12-23 | 169 | 0 | ORDER granting 148 Motion of Jeffrey C. Jarvis to Withdraw as Attorney. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James) (Entered: 12/23/2016) | |||
| 2017-01-06 | 170 | 0 | CONSENT TO MAGISTRATE JUDGE DISPOSITION ON MOTION re (1115 in 1:11-cv-07866-VM-JCF) MOTION for Attorney Fees Notice of Motion by Customer Counsel for an Award of Attorneys Fees and Reimbursement of Litigation Expenses, with Proposed Order as Exhibit A. (Signed by Judge Victor Marrero on 1/6/2017) Filed In Associated Cases: 1:12-md-02338-VM, 1:11-cv-07866-VM-JCF(kgo) (Entered: 01/06/2017) |