US District Court Civil Docket as of January 28, 2010
Retrieved from the court on February
03, 2010
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Movant
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Credit
Suisse First Boston Corporation |
represented by |
Douglas
M. Kraus |
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Movant
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Goldman,
Sachs & Co.,
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represented by |
Douglas
M. Kraus |
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Movant
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New
York State Insurance Department |
represented by |
Elizabeth
A. Forman |
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Special
Master |
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Richard
J. Davis |
represented by |
Richard
J. Davis |
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Plaintiff
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Darren
F. Murray |
represented by |
Jared
B. Stamell |
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Consol
Plaintiff |
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Martin
Gold |
represented by |
Jared
B. Stamell |
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Consol
Plaintiff |
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Mary
A. Devito |
represented by |
Daniel
E. Barenbaum |
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Consol
Plaintiff |
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Kevin
L. Hyms |
represented by |
Daniel
E. Barenbaum |
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Consol
Plaintiff |
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Harry
S. Purnell, III
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represented by |
Daniel
E. Barenbaum |
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Consol
Plaintiff |
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Kathy
Vanderveur
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represented by |
Jared
B. Stamell |
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Consol
Plaintiff |
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Michael
A. Giannattasio
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represented by |
Daniel
E. Barenbaum |
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Defendant
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Metropolitan
Life Insurance Co.
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represented by |
Bruce
E. Yannett |
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Defendant
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Metlife,
Inc. |
represented by |
Bruce
E. Yannett |
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Respondent
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Curtis
H. Barnette
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represented by |
Bruce
E. Yannett |
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Respondent
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Robert
H. Benmosche
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represented by |
Bruce
E. Yannett |
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Respondent
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Gerald
Clark |
represented by |
Bruce
E. Yannett |
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Respondent
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Joan
Ganz Cooney
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represented by |
Bruce
E. Yannett |
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Respondent
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Burton
A Dole, Jr.
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represented by |
Bruce
E. Yannett |
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Respondent
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James
R. Houghton
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represented by |
Bruce
E. Yannett |
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Respondent
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Harry
P. Kamen |
represented by |
Bruce
E. Yannett |
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Respondent
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Helene
L. Kaplan |
represented by |
Bruce
E. Yannett |
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Respondent
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Charles
M. Leighton
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represented by |
Bruce
E. Yannett |
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Respondent
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Allen
E. Murray |
represented by |
Bruce
E. Yannett |
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Respondent
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Stewart
G. Nagler |
represented by |
Bruce
E. Yannett |
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Respondent
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John
J. Phelan, Jr.
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represented by |
Bruce
E. Yannett |
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Respondent
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Hugh
B. Price |
represented by |
Bruce
E. Yannett |
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Respondent
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Robert
G. Schwartz
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represented by |
Bruce
E. Yannett |
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Respondent
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Ruth
J. Simmons
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represented by |
Bruce
E. Yannett |
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Respondent
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William
C. Steere, Jr.
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represented by |
Bruce
E. Yannett |
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Respondent
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Paulette
Beliunas |
represented by |
Barry
A Weprin |
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Respondent
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John
T. Brophy |
represented by |
Barry
A Weprin |
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Respondent
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Eugenia
Fiala |
represented by |
Barry
A Weprin |
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Respondent
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Ira
J. Gelb |
represented by |
Barry
A Weprin |
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Respondent
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June
A. Gelb |
represented by |
Barry
A Weprin |
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Respondent
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Paul
Hazen |
represented by |
Barry
A Weprin |
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Respondent
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Theresa
Hazen |
represented by |
Barry
A Weprin |
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Respondent
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Richard
E. Schweinberg
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represented by |
Barry
A Weprin |
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Respondent
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Vijay
J. Shah |
represented by |
Barry
A Weprin |
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Respondent
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Mark
D Smilow |
represented by |
Barry
A Weprin |
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Objector
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John
J. Pentz |
represented by |
John
Jacob Pentz , III |
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Objector
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Thomas
Sterrett Bell
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represented by |
John
Jacob Pentz , III |
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Objector
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Robert
A. Gould |
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Objector
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Lawrence
Kuczynski |
represented by |
Lawrence
Kuczynski |
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Objector
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Steven
Waldman |
represented by |
Roy
L. Jacobs |
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Objector
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Christopher
Mueller |
represented by |
Christopher
Mueller |
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Date
Filed |
# |
Docket
Text |
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04/18/2000 |
1 |
COMPLAINT
filed and summons(es) issued for Metropolitan Ins, Metlife, Inc. FILING FEE $
150.00 RECEIPT # 231091 (Valle, Christine) (Entered: 04/20/2000) |
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04/27/2000 |
2 |
RETURN
OF SERVICE executed as to Metropolitan Ins, Metlife, Inc. 4/20/00 Answer due
on 5/10/00 for Metlife, Inc., for Metropolitan Ins (Coleman, Laurie)
(Entered: 05/03/2000) |
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05/11/2000 |
3 |
STIPULATION
and ORDER, extending time for all defendants to answer, move or respond to
Complaint , reset answer due for 6/23/00 for Metlife, Inc., for Metropolitan
Ins (signed by Judge Thomas C. Platt, on 5/17/00) So Ordered c/m (Coleman,
Laurie) (Entered: 05/22/2000) |
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06/23/2000 |
4 |
Letter
MOTION by Metropolitan Ins, Metlife, Inc. for permission to exceed Your
Honor's page limit for the memorandum , no motion hearing (O'Hara, Karen)
(Entered: 06/23/2000) |
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06/23/2000 |
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Endorsed
order granting [4-1] motion for permission to exceed Your Honor's page limit
for the memorandum ( Signed by Judge Thomas C. Platt, on 6/22/00) eod #4, c/m
(O'Hara, Karen) (Entered: 06/23/2000) |
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06/27/2000 |
5 |
ORDER,
consolidating cases 00cv2258, 00cv3118, and 00cv3723 for all purposes. All
papers to be filed under case 00cv2258. When a case which properly belongs as
part of In re MetLife Demutualization Litigation is filed is filed it shall
be assigned to Judge Platt (signed by Judge Thomas C. Platt, on 6/27/00) c/m
(O'Hara, Karen) (Entered: 07/05/2000) |
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06/27/2000 |
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Consolidated
Lead Case (O'Hara, Karen) (Entered: 07/05/2000) |
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06/30/2000 |
7 |
NOTICE
of plaintiff's intention to proceed in accordance with 15 USC
77z-1(a)(3)(A)(i)(II) by Darren F. Murray (O'Hara, Karen) (Entered:
07/11/2000) |
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07/10/2000 |
6 |
LETTER
dated 6/30/00 from Jared Stamell to Judge Platt re: The difference in the
time limits between your motion rules and the statutory requirement in a
securities class action for plaintiffs to move to be appointed lead
plaintiffs. (O'Hara, Karen) (Entered: 07/10/2000) |
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07/17/2000 |
8 |
NOTICE
of attorney appearance for Metropolitan Ins, Metlife, Inc. by Bruce E.
Yannett, Duncan J. Logan (O'Hara, Karen) (Entered: 07/17/2000) |
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07/17/2000 |
9 |
Disclosure
of interested parties by Metropolitan Ins, Metlife, Inc. (O'Hara, Karen)
(Entered: 07/17/2000) |
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07/21/2000 |
10 |
MOTION
by Darren F. Murray to appoint lead plaintiffs and for appointment as lead
counsel , Motion hearing Motion file stamped: 7/21/00 and mailed/served:
7/21/00 (O'Hara, Karen) (Entered: 08/03/2000) |
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07/21/2000 |
11 |
MEMORANDUM
by Darren F. Murray in support of [10-1] motion to appoint lead plaintiffs
and for appointment of Stamell & Schager as lead counsel (O'Hara, Karen)
(Entered: 08/03/2000) |
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07/21/2000 |
12 |
MEMORANDUM
by Metropolitan Ins, Metlife, Inc. in response to the [10-1] motion to
appoint lead plaintiffs and for appointment as lead counsel (O'Hara, Karen)
(Entered: 08/03/2000) |
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07/28/2000 |
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Motion
hearing held re: [10-1] motion to appoint lead plaintiffs and for appointment
as lead counsel (O'Hara, Karen) (Entered: 08/04/2000) |
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07/28/2000 |
13 |
Calendar
entry: Before Judge Platt on 7/28/00 at 10:30 a.m. Civil cause for motion
hearing. Case called. Counsel for all sides present. Granting [10-1] motion
to appoint lead plaintiffs and for appointment as lead counsel. Court
Reporter: J. Barbella (O'Hara, Karen) (Entered: 08/04/2000) |
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08/03/2000 |
14 |
ORDER
that plaintiff's motion to appoint plaintiff's Gold, Devito, Hyms, Murray,
Purnell and Vanderveur as lead plaintiffs and to approve Starnell &
Schager as lead counsel. ( signed by Judge Thomas C. Platt, on 8/3/00) c/m
(O'Hara, Karen) (Entered: 08/07/2000) |
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08/14/2000 |
15 |
CERTIFICATE
OF SERVICE of Judge Platt's Order dated 8/3/00. (O'Hara, Karen) (Entered:
08/14/2000) |
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09/27/2000 |
16 |
LETTER
dated 9/27/00 from Karen O'Hara to Mr. Yannett Re: enclosed are your motion
papers which the Court rejects The Court asks that you not file any papers
relating to the motion or the parties briefing schedule Also regarding the
procedures that shall govern the filing and exchanging of motion papers
(Imrie, Robert) (Entered: 10/02/2000) |
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10/17/2000 |
17 |
Letter
MOTION by Jared B. Stamell on behalf of Darren F. Murray, Martin Gold, Mary
A. Devito, Kevin L. Hyms, Harry S. Purnell III, Kathy Vanderveur for leave to
file a 55-page brief in opposition to defendants' motion to dismiss No motion
hearing (Imrie, Robert) (Entered: 10/20/2000) |
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10/17/2000 |
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Endorsed
order granting to the extent of filing a brief of no more than 45 pages, the
[17-1] motion for leave to file a 55-page brief in opposition to defendants'
motion to ( Signed by Judge Thomas C. Platt, on 10/17/00) c/m Endorsed on doc
#17 (Imrie, Robert) (Entered: 10/20/2000) |
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01/12/2001 |
18 |
MOTION
(filed on the service date) by Metropolitan Ins, Metlife, Inc. for an order
dismissing the complaints and this action pursuant to FRCP 12(b)(1) or (6)
for lack of subject matter jurisdiction , or in the alternative to stay this
action pending the completion of related state-court proceedings , No motion
hearing Motion file stamped: 1/16/01 and mailed/served: 1/12/01 (Imrie,
Robert) (Entered: 01/24/2001) |
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01/12/2001 |
19 |
MEMORANDUM
of LAW by Metropolitan Ins, Metlife, Inc. in support of [18-1] motion for an
order dismissing the complaints and this action pursuant to FRCP 12(b)(1) or
(6) for lack of subject matter jurisdiction, [18-2] motion to stay this
action pending the completion of related state-court proceedings (Imrie,
Robert) (Entered: 01/24/2001) |
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01/12/2001 |
21 |
LETTER
dated 1/12/01 from Bruce E. Yannett to Judge Platt Re: defendants
Metropolitan Life Ins. Co. and MetLife, Inc. wish to call the Court's attention
to the attached opinion in Tierney V. John Hancock Mutual Life Ins. Co.
(Imrie, Robert) (Entered: 01/24/2001) |
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01/12/2001 |
22 |
MEMORANDUM
of LAW by Darren F. Murray in opposition to [18-1] motion for an order
dismissing the complaints and this action pursuant to FRCP 12(b)(1) or (6)
for lack of subject matter jurisdiction, [18-2] motion to stay this action
pending the completion of related state-court proceedings (Imrie, Robert)
(Entered: 01/24/2001) |
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01/12/2001 |
23 |
AFFIDAVIT
of Jared B. Stamell by Darren F. Murray in opposition to the [18-1] motion
for an order dismissing the complaints and this action pursuant to FRCP 12(b)(1)
or (6) for lack of subject matter jurisdiction, [18-2] motion to stay this
action pending the completion of related state-court proceedings (Imrie,
Robert) (Entered: 01/24/2001) |
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01/12/2001 |
24 |
REPLY
MEMORANDUM OF LAW by Metropolitan Ins, Metlife, Inc. in further [18-1] motion
for an order dismissing the complaints and this action pursuant to FRCP
12(b)(1) or (6) for lack of subject matter jurisdiction, [18-2] motion to
stay this action pending the completion of related state-court proceedings. (Imrie,
Robert) (Entered: 01/24/2001) |
|
01/16/2001 |
20 |
DECLARATION
of Bruce E. Yannett by Metropolitan Ins, Metlife, Inc. in support of [18-1]
motion for an order dismissing the complaints and this action pursuant to
FRCP 12(b)(1) or (6) for lack of subject matter jurisdiction, [18-2] motion
to stay this action pending the completion of related state-court proceedings
(Imrie, Robert) (Entered: 01/24/2001) |
|
01/16/2001 |
25 |
LETTER
dated 1/12/01 from Jared B. Stamell to Judge Platt Re: plaintiff requests
that the Court diregard defendant's 1/12/021 letter and, if the Court does
so, obviously, the additional arguments that plaintiffs make in this letter
should also be disregarded. (Imrie, Robert) (Entered: 01/25/2001) |
|
01/19/2001 |
26 |
Calendar
entry: before Judge Platt on 1/19/01 at 10:30 a.m. Civil Cause for Motion
hearing held. Appearances: for pltf- Jarad Stamell; for deft- Joe Tabacco,
Bruce Yanett. Motions argued, Decision reserved.
Court Reporter/ESR M. Steiger. (Imrie, Robert) (Entered: 02/08/2001) |
|
06/05/2001 |
27 |
LETTER
dated 6/4/01 from Jared B. Stamell to Judge Platt Re: plaintiffs refer the
Court to the Second Circuit's recent decision in Lander v. Hartford Life and
Annuity Ins. as additional authority for denying defendant's motion to
dismiss. (Imrie, Robert) (Entered: 06/12/2001) |
|
06/08/2001 |
28 |
LETTER
dated 6/6/01 from Bruce E. Yannett to Judge Platt Re: in response to the
plaintiff's letter dated 6/4/01. (Imrie, Robert) (Entered: 06/12/2001) |
|
06/18/2001 |
29 |
NOTICE
of Change of Firm Address by Metropolitan Ins, Metlife, Inc. (Imrie, Robert)
(Entered: 06/19/2001) |
|
06/21/2001 |
30 |
LETTER
dated 6/15/01 from Theresa A. Marmo to The Clerk Re: change of address.
(Imrie, Robert) (Entered: 06/27/2001) |
|
06/21/2001 |
31 |
NOTICE
of Change of Address by Metropolitan Ins, Metlife, Inc. to 919 Third Ave New
York, NY 10022 beginning 7/9/01. (Imrie, Robert) (Entered: 06/27/2001) |
|
07/13/2001 |
32 |
LETTER
dated 7/12/01 from Bruce E. Yannett to Judge Platt Re: requesting that Your
Honor take into account the Tancredi decision (attached) in connection with
the pending motion to dismiss. (Imrie, Robert) (Entered: 07/24/2001) |
|
07/19/2001 |
33 |
LETTER
dated 7/17/01 from Jared B. Stamell to Judge Platt Re: in response to the
defendant's 7/12/01 letter. (Imrie, Robert) (Entered: 07/24/2001) |
|
07/23/2001 |
34 |
MEMORANDUM
and ORDER; denying [18-1] motion for an order dismissing the complaints and this
action pursuant to FRCP 12(b)(1) or (6) for lack of subject matter
jurisdiction; denying [18-2] motion to stay this action pending the
completion of related state-court proceedings. ( signed by Senior Judge
Thomas C. Platt, on 7/23/01) c/m (Fagan, Linda) (Entered: 07/31/2001) |
|
08/20/2001 |
35 |
LETTER
dated 8/6/01 from Carl Micarelli to Judge Platt re: defts request that the
Court sign and enter the enclosed stipulaiton and order extending time to
answer the complaint (Fagan, Linda) (Entered: 08/21/2001) |
|
08/20/2001 |
36 |
LETTER
dated 8/7/01 from Theresa A. Marmo to Judge Platt re: the enclosed proposed
order to be so ordered extending the time to answer each of the complaints in
the consolidated actions to 8/31/01 (Fagan, Linda) (Entered: 08/21/2001) |
|
08/20/2001 |
37 |
STIPULATION
and ORDER; that defendants shall have until 8/31/01, to answer each of the
complaints in the consolidated actions ; Reset
Answer due to the complaints due for 8/31/01 for Metlife, Inc., for
Metropolitan Ins . ( signed by Senior Judge Thomas C. Platt, on 8/20/01) c/m
(Fagan, Linda) (Entered: 08/21/2001) |
|
08/22/2001 |
38 |
LETTER
dated 8/21/01 from Carl Micarelli to USDJ Platt RE: Briefing schedule for the
motion for an interlocutory appeal. (Branciforte, Ralph) (Entered:
08/30/2001) |
|
08/31/2001 |
39 |
ANSWER
to Class Action Complaint by Metropolitan Ins, Metlife, Inc. (Barhome,
Sydelle) (Entered: 09/13/2001) |
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09/25/2001 |
40 |
ORDER;
A conference will be held in this case at 2:30 p.m. on 10/9/01 before Michael
L. Orenstein, United States Magistrate Judge, U.S. Courthouse, 844 Federal
Plaza, Central Islip, New York, as further set forth in this Order . ( signed
by Magistrate Michael L. Orenstein, on 9/25/01) c/m (Fagan, Linda) (Entered:
09/27/2001) |
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10/09/2001 |
41 |
Calendar
entry: Before Magistrate Orenstein on 10/9/01 at 2:30 P.M. Civil cause for
initial conference. Counsel for both sides present. Tape # 01-153
(5902-7106); 01-154 (0-2924) (Lopez, Luz) (Entered: 10/11/2001) |
|
10/09/2001 |
42 |
SCHEDULING
ORDER Any summary judgment motion shall be scheduled for a pre-motion
conference in accordance with Judge Platt's individual practices; setting
Discovery cutoff 6/1/02 (as to discovery outlined by the court this date);
Pretrial conference for 10:30 2/8/02 ; ( signed by Magistrate L. Orenstein,
on 10/9/01) c/g (Lopez, Luz) (Entered: 10/11/2001) |
|
10/31/2001 |
43 |
Letter
MOTION by Jared B. Stamell on behalf of Darren F. Murray requesting a
conference to resolve adiscovery dispute . No motion
hearing . (Imrie, Robert) (Entered: 10/31/2001) |
|
11/01/2001 |
44 |
LETTER
dated 10/31/01 from Carl Miccarelli to Magistrate Orenstein Re: in response
to plaintiff's 10/30/01 letter to the Court, a conference would be premature
at this time. (Imrie, Robert) (Entered: 11/02/2001) |
|
11/02/2001 |
48 |
TRANSCRIPT
of hearing before USMJ Orenstein filed for date of 10/9/01. Writer's Cramp,
Inc. Transcriber. (Lopez, Luz) (Entered: 11/20/2001) |
|
11/09/2001 |
45 |
LETTER
dated 11/8/01 from Carl Micarelli to Magistrate Orenstein Re: regarding
discovery matters raised in plaintiffs' letter to Your Honor dated 10/30/01
and defendats' letter in response dated 10/31/01. (Imrie, Robert) (Entered:
11/14/2001) |
|
11/09/2001 |
49 |
MOTION
by Metropolitan Ins and Metlife, Inc. To certify an interlocutory appeal from
an Order denying dismissal dated 7/23/01 , No motion hearing Motion file
stamped: 11/09/01 and mailed/served: 11/09/01 (Lopez, Luz) Modified on
12/07/2001 (Entered: 11/21/2001) |
|
11/09/2001 |
50 |
MEMORANDUM
by Metropolitan Ins and Metlife, Inc. in support of [49-1] motion To certify
an interlocutory appeal from an Order denying dismissal dated 7/23/01 (Lopez,
Luz) (Entered: 11/21/2001) |
|
11/09/2001 |
51 |
MEMORANDUM
by plaintiffs' in opposition to [49-1] motion To certify an interlocutory
appeal from an Order denying dismissal dated 7/23/01 (Lopez, Luz) Modified on
12/07/2001 (Entered: 11/21/2001) |
|
11/09/2001 |
52 |
REPLY
MEMORANDUM OF LAW by Metropolitan Ins, Metlife, Inc. in further support of
[49-1] motion to certify an interlocutory appeal from an Order denying
dismissal dated 7/23/01 (Lopez, Luz) (Entered: 11/21/2001) |
|
11/13/2001 |
46 |
LETTER
dated 11/8/01 from Jared B. Stamell to Magistrate Orenstein Re: n further
support of the plaintiff's 10/30/01 request for a conference to resolve a
dispute over the extent of the discovery ordered by this Court at a pre-trial
conference on 10/9/01. This dispute should be resolved before documents are
produced and depositions are taken. (Imrie, Robert) (Entered: 11/14/2001) |
|
11/13/2001 |
47 |
LETTER
dated 11/9/01 from Carl Micarelli to Magistratre Orenstein Re: in response to
plaintiff's 11/8/01 letter to the Court a further conference is neither
mnecessary nor appropriate, because plaintiffs have established no bona fide
dispute over the meaning of the Court's 10/9/01 decision. (Imrie, Robert)
(Entered: 11/14/2001) |
|
11/21/2001 |
53 |
MEMORANDUM
and ORDER denying [49-1] motion To certify an interlocutory appeal from an
Order denying dismissal dated 7/23/01. ( signed by Senior Judge Thomas C.
Platt , on 11/21/01) CM (Branciforte, Ralph) (Entered: 11/29/2001) |
|
01/15/2002 |
54 |
Letter
MOTION by Douglas M. Kraus on behalf of Credit Sussie First, Goldman, Sachs
& Co. requesting to quash certain subpoenas pursuant to FRCP 45 and Local
Rule 37.3 . No motion hearing (Imrie, Robert)
(Entered: 01/16/2002) |
|
01/18/2002 |
55 |
LETTER
dated 1/17/02 from Jared B. Stamell to Magistrate Orenstein Re: in opposition
to the Motion to quash the subpoenas. (Imrie, Robert) (Entered: 01/25/2002) |
|
01/30/2002 |
56 |
ORDER
denying [54-1] motion requesting to quash certain subpoenas ad testificandum
pursuant to FRCP 45 and Local Rule 37.3. CSFB and Goldman are directed to
appear for a deposition on a mutually agreeable time and date. ( signed by
Magistrate Michael L. Orenstein, on 1/30/02) cm (Lopez, Luz) (Entered:
02/06/2002) |
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02/08/2002 |
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Status
conference held (Lopez, Luz) (Entered: 02/20/2002) |
|
02/08/2002 |
57 |
Calendar
entry: Case called before USMJ Orenstein on 2/8/02 at 10:30 am. Civil cause
for status conference. Setting status conference for 10:00 3/26/02 before
Magistrate Michael L. Orenstein Dft shall produce the documents by 2/22/02
responsive to the plts' request. Counsel advised that the Court is not
pleased with the pace of discoery this far. If motions to compel or adjudge
in contempt are needed, they should be made after good faith effort is made
to resolve matters. Tape # 02-29 (3305-4783) (Lopez, Luz) (Entered:
02/20/2002) |
|
03/13/2002 |
58 |
Letter
MOTION by Darren F. Murray requesting an adjourment of the pretrial
conference , no motion hearing (Lopez, Luz) (Entered: 03/22/2002) |
|
03/13/2002 |
|
Endorsed
order granting [58-1] motion requesting an adjourment of the pretrial
conference, Adjourning status conference for 4:00 4/2/02 before Magistrate
Michael L. Orenstein ( Signed by Magistrate Michael L. Orenstein, on 3.13.02)
cm (Lopez, Luz) (Entered: 03/22/2002) |
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04/02/2002 |
|
Pre-trial
conference held (Lopez, Luz) (Entered: 04/08/2002) |
|
04/02/2002 |
59 |
Calendar
entry: Case called before USMJ Orenstein on 4.2.02 at 4:00 pm. Civil cause
for pretrial conference. Setting status conference for 2:30 5/20/02 before
Magistrate Michael L. Orenstein Court advised counsel for both sides to
convey remarks of court to counsel for Credit Service and Goldman. Parties to
execute confidentiality order. Dft to appear at deposition on 4.10.02
regarding documents existence. (Lopez, Luz) (Entered: 04/08/2002) |
|
04/17/2002 |
60 |
LETTER
dated 4/16/02 from Jared B. Stamell to Magistrate Orenstein Re: As discussed
at the 4/2/02 conference, defendants want a confidentiality order and are
withholding certain document production until one is issued. Following the
April 2nd conference, I sent defendants a redraft of a form of confidentiality
stipulation that they had provided, but I have not had a response. In Order
to accelerate the entry of a confidentiality order, I am enclosing a form
order satisfactory to plaintiffs and ask that the Court sign this
confidentiality order if defendants do not object after the passage of
three-day period provided in Local Rule 37.3(c). (proposed confidentialty
order annexed) (Imrie, Robert) (Entered: 04/18/2002) |
|
04/19/2002 |
61 |
LETTER
dated 4/18/02 from Carl Micarelli to Magistrate Orenstein Re: in opposition
to plaintiffs' request dated 4/16/02, for entry of plaintiff's version of a
confidentialty order. (Defendant's proposed confidentialy order annexed)
(Imrie, Robert) (Entered: 04/23/2002) |
|
04/22/2002 |
62 |
LETTER
dated 4/22/02 from Carl Micarelli to Magistrate Judge Orenstein Re: in
response to the plaintiff's letter dated 4/19/02 regarding proposed
confidentiality orders. (Imrie, Robert) (Entered: 04/25/2002) |
|
04/22/2002 |
63 |
Defendant's
Proposed Confidentiality Order. (Imrie, Robert) (Entered: 04/25/2002) |
|
04/22/2002 |
64 |
LETTER
dated 4/19/02 from Jared B. Stamell to Magistrate Judge Orenstein Re: the
confidentiality order (Imrie, Robert) (Entered: 04/26/2002) |
|
04/25/2002 |
67 |
Letter
MOTION by Jared B. Stamell on behalf of the Plaintiffs requesting an order
pursuant to Rule 37(a) to direct defendants and Credit Suisse First Boston
Corp to produce witnesses prepared to testify about the location and nature
of documents in response in response to a Rule 30(b)(6) subpoena . No motion hearing . (Imrie, Robert) (Entered: 04/29/2002) |
|
04/26/2002 |
65 |
TRANSCRIPT
filed for status conference for dates of 4/2/02, before Mag. J. Orenstein,
Shari Riemer CR (Barhome, Sydelle) (Entered: 04/29/2002) |
|
04/26/2002 |
66 |
TRANSCRIPT
of pretrial conference, filed for dates of 2/8/02, before Mag. J. Orenstein
(Barhome, Sydelle) (Entered: 04/29/2002) |
|
04/30/2002 |
68 |
LETTER
dated 4/30/02 from Douglas M. Kraus to Magistrate Orenstein Re: Credit Suisse
First Boston Corporation and Goldman, Sachs and Co. opposition to plaintiff's
application for an order directing CSFB to produce a second witness in
response to plaintiffs' deposition subpoena. (Imrie, Robert) (Entered:
05/03/2002) |
|
05/01/2002 |
69 |
LETTER
dated 4/30/02 from Carl Micarelli to Magistrate Orenstein Re: in opposition
to plaintiffs' Rule 37(a) letter motion dated 4/24/02, wherein plaintiffs
seek to compel defendants, although defendants have already searched for and
produced responsive documents and produced a knowledgeable witness. (Imrie,
Robert) (Entered: 05/03/2002) |
|
05/03/2002 |
70 |
ORDER
- After reviewing the inefficient wrangling by the attorneys for the
respective parties, this Court rejects all submitted proposed
confidentiallity orders and imposes its own on the parties. (signed by
Magistrate Michael L. Orenstein, on 5.3.02) cm (Lopez, Luz) (Entered:
05/10/2002) |
|
05/06/2002 |
71 |
Order
of Confidentiality - see document #71 for detail information (Signed by
Magistrate Michael L. Orenstein on 5.6.02) cm (Lopez, Luz) (Entered:
05/10/2002) |
|
05/09/2002 |
72 |
LETTER
dated 57/02 from Jared B. Stamel to Magistrate Judge Orenstein Re: pending
before the Court is plaintiff's 4/24/02 request to order Credit Suisse and
MetLife to produce a witness knowledgeable about the nature and location of
documents, plaintiffs are withdrawing this request without prejudice. (Imrie,
Robert) (Entered: 05/10/2002) |
|
05/17/2002 |
73 |
LETTER
dated 5/16/02 from Carl Micarelli to Magistrate Orenstein Re: defendant's
response to the plaintiffs' 5/7/02 letter to the Court. (Imrie, Robert)
(Entered: 05/17/2002) |
|
05/20/2002 |
74 |
Calendar
entry: Case called before USMJ Orenstein on 5.20.0 at 2:30 pm. Civil cause
for status conference. Counsel for both sides present. C/R: Harry Rapaport. granting [67-1] motion. status
conference for 3:00 7/11/02 before Magistrate Michael L. Orenstein Court
entered confidentiality order to non-parties. Goldman Sachs and credit Suisse
are granted 45 days to identify and provide the documents outlined by the
court and to appear for their subpoenaed depositions. Pltff shall provide the
portion of schedule D of the 1040 (IRS form) which reflects the capital gain
(loss) transactions of the demutualized stock. (Lopez, Luz) (Entered:
05/22/2002) |
|
05/21/2002 |
75 |
LETTER
dated 5/20/02 from Douglas M. Kraus to Magistrate Orenstein Re: in response
to plaintiffs' 5/7/02 letter to the Court. (Imrie, Robert) (Entered:
05/22/2002) |
|
06/07/2002 |
77 |
Letter
MOTION by Jared B. Stamell on behalf of Darren F. Murray requesting an order
directing PricewaterhouseCoopers to produce documents referred in and
relating to the opinion letter it issued to policyholders in the demutualization . No motion hearing .
(Imrie, Robert) (Entered: 06/21/2002) |
|
06/11/2002 |
76 |
LETTER
dated 6.10.02 from Jennifer N. Colao to USMJ Orenstein re: I spoke with your
law clerk this morning about receiving an extension of time to file a
response. She instructed me to obtain consent and send in a letter. At my
request, Mr. Stamel has agreed that PwC may file its response on 6/20/02.
(Lopez, Luz) (Entered: 06/18/2002) |
|
06/11/2002 |
|
Endorsed
order - Application granted on consent. No further extensions will be
granted. ( Signed by Magistrate Michael L. Orenstein on 6.11.02) EOD #76 cm
(Lopez, Luz) (Entered: 06/18/2002) |
|
06/20/2002 |
78 |
LETTER
dated 6/19/02 from Jennifer N. Colao to Magistrate Orenstein Re: in
opposition to the 6/5/02 letter motion to the Court seeking to compel PwC to
produce additional documents. (Imrie, Robert) (Entered: 06/21/2002) |
|
06/20/2002 |
79 |
LETTER
dated 6/19/02 from Carl Micarelli to Magistrate Orenstein Re: in opposition
to plaintiff's 6/5/02 letter motion to compel. (Imrie, Robert) (Entered:
06/21/2002) |
|
06/24/2002 |
80 |
LETTER
dated 6/21/02 from Jared B. Stamell to MJ Orenstein in re: this response, on
behalf on plaintiff, to PwC's and Met Life's letter objecting to document
production from PwC behalf the 18 pages produced to date. (Romano, Dan)
(Entered: 06/27/2002) |
|
07/03/2002 |
81 |
Letter
MOTION by Jared B. Stamell on behalf of Darren F. Murray, Martin Gold, Mary
A. Devito, Kevin L. Hyms, Harry S. Purnell III, Kathy Vanderveur requesting
an order imposing a sanction on Credit Suisse until it appears for deposition . No mtion hearing .
(Imrie, Robert) (Entered: 07/09/2002) |
|
07/09/2002 |
83 |
LETTER
dated 7/9/02 from Douglas M. Kraus to Magistrate Judge Orenstein re: in
response to pltffs' 7/2/02 letter requesting a "sanction" on CSFB
until it appears for a second deposition in this action. (Fagan, Linda)
(Entered: 07/15/2002) |
|
07/11/2002 |
|
Status
conference held. (Fagan, Linda) (Entered: 07/15/2002) |
|
07/11/2002 |
82 |
Calendar
entry: before Magistrate Judge Orenstein on 7/11/02 at 3:00 p.m. for Civil
Cause for Status Conference. Terminated past due deadlines
. Next conference 8/13/02 at 2:30 p.m.; Set status conference for
8/13/02 at 2:30 p.m. before Magistrate Michael L. Orenstein
. Further depositions of non-parties Credit Suisse & Goldman are
denied without prejudice to a renewal thereof after deposition of Ms. Weiss
of Met Life . Deft shall complete its document
production by 7/19/02 . Determination of pltff's
letter application directed to non-party Price Waterhouse will be made at
next conference when Price Waterhouse counsel is present .
Tape # 02-130 (863-4914) (Fagan, Linda) (Entered: 07/15/2002) |
|
07/12/2002 |
|
Pre-trial
conference held. (Fagan, Linda) (Entered: 07/15/2002) |
|
07/24/2002 |
84 |
TRANSCRIPT
filed for for dates of July 11, 2002 re: Civil cause for status conference
before USMJ Orenstein. C/T: Shari Riemer. (Lopez, Luz) (Entered: 07/29/2002) |
|
08/05/2002 |
85 |
Letter
MOTION by Carl Micarelli on behalf of Metropolitan Ins, Metlife, Inc.
requesting a protective order pursuant to FRCP 26(c) enforcing this Court's
ruling of 10/9/01, that the Court bar plaintiffs' renewed attempt to obtain
discovery on the subject of the calculation of policyholders' actuarial
contribution to surplus, which was used to determine the allocation of the
variable share of consideration among policyholders .
No motion hearing . (Imrie, Robert) (Entered:
08/07/2002) |
|
08/09/2002 |
86 |
LETTER
dated 8/9/02 from Linda B. Johnston to Jared B. Stamell Re: enclosed please
find your letter dated 8/8/02, pursuant tothe Local Civil Rules, letter
applications are not to exceed 3 pages, as your letter is four pages in
length it is being returned to you. (Imrie, Robert) (Entered: 08/12/2002) |
|
08/12/2002 |
88 |
LETTER
dated 8/10/02 from Jared B. Stamell to Magistrate Orenstein re: the
deposition of MetLife's former Chief Actuary Judy Weiss, the deposition
highlights the different positions of the parties with respect to the value
of policyholder membership interests and the right of plaintiff's to inquire
about that value. (Imrie, Robert) (Entered: 08/22/2002) |
|
08/13/2002 |
|
Discovery
conference held. (Fagan, Linda) (Entered: 08/15/2002) |
|
08/13/2002 |
87 |
Calendar
entry: before Magistrate Judge Orenstein on 8/13/02 at 4:00 p.m. for Civil
Cause for Discovery Conference; Next conference 9/23/02 at 2:30 p.m.; Set
next conference for 9/23/02 at 2:30 p.m. before Magistrate Michael L. Orenstein . Court heard argument re: Price Waterhouse
application for a protective order. Ruling placed on the record
. Deposition of PWC to be held with parties to renew, if necessary,
need for protective order . Tape # 02-154 (0-2195)
(Fagan, Linda) (Entered: 08/15/2002) |
|
09/10/2002 |
89 |
TRANSCRIPT
filed of Civil Cause for discovery conference before USMJ Orenstein for dates
of 8.13.02. C/T: Shari Riemer. (Lopez, Luz) (Entered: 09/11/2002) |
|
09/18/2002 |
90 |
Letter
MOTION by Darren F. Murray requesting that the status conference scheduled
for 9/23/02 be adjourned , No Motion hearing (Lopez, Luz) (Entered:
09/24/2002) |
|
09/18/2002 |
|
Endorsed
order granting [90-1] motion requesting that the status conference scheduled
for 9/23/02 be adjourned, resetting status conference for 4:00 10/9/02 before
Magistrate Michael L. Orenstein ( Signed by Magistrate Michael L. Orenstein,
on 9.18.02) EOD#90 (Lopez, Luz) (Entered: 09/24/2002) |
|
10/08/2002 |
92 |
LETTER
dated 10.7.02 from Jared B. Stamell to USMJ Orenstein re: Based on recent
deposition of PwC partner pltffs are able to narrow their requests for
additional documents. 1) Index made of the boxes containing documents re:
demutualization. 2) The right to inspect and copy contents of the indexed
bxes. 3) All materials, including emails, whether or not included in the
indexed boxes. (Lopez, Luz) (Entered: 10/22/2002) |
|
10/09/2002 |
|
Status
conference held (Lopez, Luz) (Entered: 10/22/2002) |
|
10/09/2002 |
93 |
Calendar
entry: Case called before USMJ Orenstein on 10.9.02 at 4:00 pm. Civil cause
for status conference. setting status conference for 2:00 11/21/02 before
Magistrate Michael L. Orenstein Non party PWC shall furnish the parties with
a copy of item #1 in the Stamell letter dated 10/7/02, court denied without
prejudice item #2 and denied item #3 as not relevant based upon Mr. Beck's
testimony. The depositions remain. Those depositions shall be completed by
11/15/02. (Lopez, Luz) (Entered: 10/22/2002) |
|
10/15/2002 |
91 |
LETTER
dated 10/10/02 from Jared B. Stamell to Magistrate Orenstein Re: at the
status conference yesterday, the Court read from the excerpts of Ken Beck's
deposition that was attached to my 10/7/02 letter, I am enclosing a complete
copy of that deposition. (Imrie, Robert) (Entered: 10/17/2002) |
|
11/18/2002 |
94 |
TRANSCRIPT
filed for Civil conference held before USMJ Orenstein for dates of 10.9.02
(Lopez, Luz) (Entered: 11/21/2002) |
|
11/20/2002 |
95 |
LETTER
dated 11.18.02 from Jared B. Stamell to USMJ Orenstein re: Writing to alert
the court to matters that pltffs intend to raise. (Lopez, Luz) (Entered:
11/27/2002) |
|
11/20/2002 |
96 |
LETTER
dated 11.19.02 from Carl Micarelli to USMJ Orenstein re: Writing in response
to the letter of pltffs' counsel dated 11/18/02. (Lopez, Luz) (Entered:
11/27/2002) |
|
11/21/2002 |
|
Status
conference held (Lopez, Luz) (Entered: 11/27/2002) |
|
11/21/2002 |
97 |
Calendar
entry: Case called before USMJ Orenstein. Tape # 02-226 (4462-5677) Setting
status conference for 2:00 2/4/03 before Magistrate Michael L. Orenstein pltff
serving an amended complaint. Parties seek time to determine if motion to
dismiss will be made, and extent of discovery stay. (Lopez, Luz) (Entered:
11/27/2002) |
|
01/10/2003 |
98 |
TRANSCRIPT
of Civil Cause for Discovery Conference before USMJ Orenstein on 11/21/02.
(Lopez, Luz) (Entered: 01/13/2003) |
|
02/04/2003 |
|
Status
conference held (Barhome, Sydelle) (Entered: 02/12/2003) |
|
02/04/2003 |
100 |
Calendar
entry: Before Mag. J. Orenstein on 2/4/03 @2:00 for status conference reset
status conference for 1:30 5/2/03 before Magistrate Michael L. Orenstein Tape
# 03-32 (4396-6217) Parties are directed to obtain motion(s) filing date and
oral argument date in accordance with Judge Platt's practices by 4/14/03. Dft
agrees to accept plf's amended complaint. Amended complaint filed this date
concurrently with this order. (Barhome, Sydelle) (Entered: 02/12/2003) |
|
02/12/2003 |
99 |
CONSOLIDATED,
AMENDED and SUPPLEMENTAL CLASS ACTION COMPLAINT by Darren F. Murray, Martin
Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell III, Kathy Vanderveur,
Michael A. Giannattasio , (Answer due 2/22/03 for Metlife, Inc., for
Metropolitan Ins ) amending [1-1] complaint (Barhome, Sydelle) (Entered:
02/12/2003) |
|
02/25/2003 |
101 |
TRANSCRIPT
of Civil Status conference before USMJ Orenstein for dates of 2.4.03. Terry
Gribben's Transcription Service (732) 263-0044 (Lopez, Luz) (Entered:
02/27/2003) |
|
03/06/2003 |
102 |
LETTER
dated 3/5/03 from Jared B. Stamel to Magistrate Orenstein Re: plaintiff needs
discovery in three areas in order to respond to the summary judgment motion,
the motion which MetLife urged be considered first. Since the COurt ordered
the parties to calendar the motions for argument by 4/14/03, I am writing
even before "meeting and conferring" because we need to know as
soon as possible whether we will obtain the discovery. (Imrie, Robert)
(Entered: 03/10/2003) |
|
03/11/2003 |
103 |
LETTER
dated 3.10.03 from Carl Micarelli to USMJ Orenstein re: I write in response
to Mr. Stamell's letter dated 3.5.03. We have been talking with pltffs'
counsel about the issues raised in this letter, and it appears that we may be
able to resolve those issues by agreement. However, we want to respond to
pltffs' letter before too much time has elapsed. (Lopez, Luz) (Entered:
03/21/2003) |
|
03/18/2003 |
104 |
LETTER
dated 3.17.03 from Jared Stamell. to USMJ Orenstein re: Pltffs ask the Court
to approve continuation of discussions between the parties to resolve issues
raised in our letters and the calendar the summary judgment motion for a
later date when the parties are ready. (Lopez, Luz) (Entered: 03/21/2003) |
|
03/18/2003 |
|
Endorsed
order, Assuming the letter application of 3.5.03 is withdrawn without prejudice, the application to extend the date for the
filing of the dfts summary judgment motion in accordance with the practices
of Judge Platt is extended to 6.1.03 So Oredered. (Signed by Magistrate
Michael L. Orenstein, on 3.18.03) cm/eod104 (Lopez, Luz) (Entered:
03/21/2003) |
|
03/20/2003 |
105 |
LETTER
dated 3/19/03 from Carl Micarelli to Magistrate Orenstein Re: in response to
Mr. Stamell's letter dated 3/17/03. (Imrie, Robert) (Entered: 03/24/2003) |
|
03/24/2003 |
106 |
LETTER
dated 3/21/03 from Jared B. Stamell to Magistrate Orenstein Re: with
reference to Mr. Micarelli's 3/19/03 letter, plaintiffs have no problem with
MetLife's proposal to put off both its summary judgment and dismissal motions
- so long as the schedule is subject to review at the pre-trial conference
scheduled for 5/2/03 (Imrie, Robert) (Entered: 03/25/2003) |
|
04/08/2003 |
107 |
Letter
MOTION by Metropolitan Ins, Metlife, Inc. Requesting clarification that the
extension of time to submit the summary judgment motion also applies to the
motion to dismiss the amended complaint. , No Motion hearing (Lopez, Luz)
(Entered: 04/10/2003) |
|
04/08/2003 |
|
Endorsed
order: Application as set forth below is GRANTED on consent. (Signed by
Magistrate Michael L. Orenstein , on 4.8.03) eod 107/cm (Lopez, Luz)
(Entered: 04/10/2003) |
|
05/01/2003 |
108 |
Letter
dated 5/1/03 from Carl Micarelli to USMJ Orenstein re: Requesting that the
status conference be rescheduled to 6/2/03 or later. (Lopez, Adriana)
(Entered: 05/13/2003) |
|
05/01/2003 |
|
ORDER:
Status Conference adjourned to 6/13/2003 03:30 PM before Magistrate-Judge
Michael L. Orenstein. Signed by Judge Michael L. Orenstein on 5/1/03.
cm/eod108 (Lopez, Adriana) (Entered: 05/13/2003) |
|
06/03/2003 |
109 |
Letter
from Carl Micarelli to Magistrate Orenstein Regarding Mr. Stamell, has
informed me that he requires additional time to respond to defendants'
pending motions for summary judgment and to dismiss. I indicated that
defendants would not oppose a reasonable extension of plaintiffs' tiime to
respond, provided that defendants are allowed a reasonable time for a reply.
Defendants request that Your Honor indicate how we should proceed, after Your
Honor considers Mr. Stamell's expected request for additional time. (Imrie,
Robert) (Entered: 06/04/2003) |
|
06/03/2003 |
110 |
Letter
MOTION to Adjourn Conference scheduled for 6/13/03 to 7/15/03 by Mary
A. Devito, Michael A. Giannattasio, Martin Gold, Kevin L. Hyms, Darren F.
Murray, Harry S. Purnell III, Kathy Vanderveur. (Imrie, Robert) (Entered:
06/04/2003) |
|
06/05/2003 |
111 |
Letter
from Jared B. Stamell to Magistrate Orenstein Re: the schedule of plaintiffs'
responses to MetLife's motion to dismiss and for summary judgment. (Imrie,
Robert) (Entered: 06/10/2003) |
|
06/10/2003 |
112 |
Letter
from Carl Micarelli to Magistrate Orenstein Re: we do not oppose Mr.
Stamell's request for an extenstion of time. However, we write to clarify two
points with respect to Mr. Stamell's letter, and to request an order setting
a briefing schedule and a revised date for the next conference. (Imrie,
Robert) (Entered: 06/12/2003) |
|
06/10/2003 |
113 |
Letter
from Jared B. Stamell to Magistrate Orenstein Re: Although MetLife did not
approove the requested adjournment of the 6/13/03 conference, the 6/6/03
letter from MetLife's counsel to Your Honor indicates that there may be a
discovery dispute and, if so, this Friday may be a timely day to reslove it.
(Imrie, Robert) (Entered: 06/12/2003) |
|
06/11/2003 |
114 |
Letter
dtd. 6/10/03 from Carl Micarelli to Mag.J. Orenstein indicating dfts don't
need a conference on 6/13/03 since there's no real basis for plf to raise a
discovery dispute. (Barhome, Sydelle) (Entered: 06/18/2003) |
|
06/18/2003 |
115 |
Letter
dtd. 6/12/03 from Carl Micarelli to Mag. J. Orenstein advising both parties
are requesting to postpone 6/13/03 conference. (Barhome, Sydelle) (Entered:
06/18/2003) |
|
06/18/2003 |
|
ORDER
re 115 Letter Status Conference adjourned to 6/19/2003 02:00 PM before
Magistrate-Judge Michael L. Orenstein. Court has provided three (3) months
for counsel to resolve the dicovery dispute. See Stamell letter dated
3/17/03. Signed by Judge Michael L. Orenstein on 6/12/03. (Barhome, Sydelle)
(Entered: 06/18/2003) |
|
06/19/2003 |
116 |
Minute
Entry for proceedings held before Judge Michael L. Orenstein
: Status Conference held on 6/19/2003 at 2:00. Court assested in
resolving discovery dispute (Tape #03-136 (2000-3648).) (Lopez, Adriana)
(Entered: 07/14/2003) |
|
07/17/2003 |
117 |
TRANSCRIPT
of Proceedings held on 6/19/03 before Judge Orenstein. Court Reporter: Terry
Gribben's Transcription. (Lopez, Adriana) (Entered: 07/29/2003) |
|
12/10/2003 |
118 |
Letter
dated 12/10/03 from Carl Micarelli to USDJ Platt re: Dfts respectfully
request that the court 1) decline to sign pltffs' proposed order to show
cause, and 2) strike pltffs' motion to strike. (Lopez, Adriana) (Entered:
12/23/2003) |
|
01/12/2004 |
119 |
NOTICE
of Registration as LLP by Metlife, Inc., Metropolitan Life Insurance Co.
(Barhome, Sydelle) (Entered: 01/22/2004) |
|
04/26/2004 |
120 |
AMENDED
COMPLAINT (SECOND CONSOLIDATED AMENDED AND SUPPLEMENTAL CLASS ACTION
COMPLAINT) against Metlife, Inc., Metropolitan Life Insurance Co., filed
by Mary A. Devito, Michael A. Giannattasio, Kevin L. Hyms, Darren F. Murray,
Harry S. Purnell III, Kathy Vanderveur.(Lopez, Adriana) (Entered: 05/04/2004) |
|
04/26/2004 |
121 |
MOTION
to Dismiss the second Claim for relief asserted in the second consolidated
amended complaint for failure to state a claim on which relief can be
granted. Filed by Metlife, Inc., Metropolitan Life Insurance Co.. (Lopez, Adriana) (Entered: 05/04/2004) |
|
04/26/2004 |
122 |
MEMORANDUM
in Support to the 121 MOTION to Dismiss the second Claim for relief
asserted in the second consolidated amended complaint for failure to state a
claim on which relief can be granted. Filed by Metlife, Inc.,
Metropolitan Life Insurance Co.. (Lopez, Adriana)
(Entered: 05/04/2004) |
|
04/26/2004 |
123 |
Appendix
of materials cited in second amended complaint. Filed by Metlife, Inc.,
Metropolitan Life Insurance Co... (Lopez, Adriana) (Entered: 05/04/2004) |
|
04/26/2004 |
124 |
MEMORANDUM
in Opposition to the 121 MOTION to Dismiss the second Claim for relief
asserted in the second consolidated amended complaint for failure to state a
claim on which relief can be granted. Filed by Mary A. Devito, Michael A.
Giannattasio, Kevin L. Hyms, Darren F. Murray, Harry S. Purnell III, Kathy Vanderveur. (Lopez, Adriana) (Entered: 05/04/2004) |
|
04/26/2004 |
125 |
REPLY
in further Support to the 121 MOTION to Dismiss the second Claim for
relief asserted in the second consolidated amended complaint for failure to
state a claim on which relief can be granted. Filed by Metlife, Inc.,
Metropolitan Life Insurance Co.. (Lopez, Adriana)
(Entered: 05/04/2004) |
|
04/30/2004 |
126 |
Minute
Entry for proceedings held before Judge Thomas C. Platt :
Motion Hearing held on 4/30/2004 re 121 MOTION to Dismiss the second Claim
for relief asserted in the second consolidated amended complaint for failure
to state a claim on which relief can be granted. Counsel for all sides
present. Motion argued by all sides. Decision reserved. (Lopez, Adriana)
(Entered: 05/12/2004) |
|
04/30/2004 |
136 |
TRANSCRIPT
of Motion held on 4/30/04 at 10:45 a.m. before the Judge Hon. Thomas C.
Platt. Appearances: Jared B. Stamell and Robert A. Skirnick for plaintiff;
Bruce E. Yannett and Carl Micarelli for defendant; and Duncan J. Logan for
MetLife. Court Reporter: Paul J. Lombardi. (Dachille, Patti) (Entered:
07/15/2004) |
|
05/10/2004 |
128 |
STIPULATION
AND ORDER: The time for the defendant (s) to answer or move in response to
the Second consolidated complaint is extended to and including 5/24/04.
Signed by Judge Thomas C. Platt on 5/10/04. cm(Lopez, Adriana) (Entered:
05/21/2004) |
|
05/18/2004 |
127 |
Letter
MOTION to Vacate the 10/9/01 Scheduling Order on which defendants rely to
limit discovery in this case by Darren F. Murray. (Imrie, Robert)
(Entered: 05/19/2004) |
|
05/24/2004 |
129 |
Letter
dated 5/21/04 from Carl Micarelli to Magistrate Orenstein Re: in opposition
to Mr. Stamell's letter dated 5/17/04, in which he seeks to vacate Your
Honor's 10/9/01 order with respect to discovery. (Imrie, Robert) (Entered:
06/01/2004) |
|
05/25/2004 |
131 |
ANSWER
to First claim for releif in the Second consolidated Amended Complaint. FIled
by Metlife, Inc., Metropolitan Life Insurance Co..(Lopez,
Adriana) (Entered: 06/02/2004) |
|
05/28/2004 |
130 |
Letter
dated 5/27/04 from Jared B. Stamell to Magistrate Orenstein Re: in opposing
plaintiff's motion to vacate the Court's 10/9/01 order limiting discovery,
defendants incorrectly assert a stay on prosecution of the 12(a)(2) claim under the Securities Act of 1933 based upon
their pending motion to dismiss the 10(b) fraud claim under the Securities
Exchange act of 1934. (Imrie, Robert) (Entered: 06/01/2004) |
|
06/02/2004 |
132 |
Letter
dated 6/1/04 from Carl Micarelli to Magistrate Orenstein Re: in response to
Mr. Stamell's letter of 5/27/04. (Imrie, Robert) (Entered: 06/03/2004) |
|
06/07/2004 |
133 |
Letter
dated 6/4/04 from Jared B. Stamell to Magistrate Orenstein Re: seeking a
hearing to argue the legal issues that defendants raise in their 6/1/04
letter about a discovery stay. (Imrie, Robert) (Entered: 06/07/2004) |
|
06/22/2004 |
MEMORANDUM
AND ORDER: Metlife's 121 Motion to Dismissthe second claim for relief, of
securities fraud, from the class action pltffs' second amended complaint is
DENIED. Pltffs allege particular misstatements and omissions in the PIB, and
attempt to demonstrate MetLife's scienter through strong circumstantial
evidence of recklessness. Accepting pltffs allegations as true and drawing
reasonable inferences in their favor, pltffs may be entitled to the relief
they seek, and discovery in this case may therefore continue. Signed by
JudgeThomas C. Platt on 6/22/04. cm(Lopez, Adriana) (Entered: 06/28/2004) |
|
|
06/27/2004 |
135 |
Letter
dtd 6/25/04 from Jared Stamell to USMJ Orenstein re: Because Judge Platt
denied the motion to dismiss the 10(b) claim, the discovery application is
moot and pltffs withdraw it. (Lopez, Adriana) (Entered: 07/13/2004) |
|
07/07/2004 |
|
Case
reassigned to Judge James Orenstein. Judge Michael L. Orenstein no longer
assigned to the case. (Bowens, Priscilla) (Entered: 07/07/2004) |
|
07/13/2004 |
137 |
ANSWER
to Second Consolidated Amended and supplemental class action Complaint. Filed
by Metlife, Inc., Metropolitan Life Insurance Co..(Lopez,
Adriana) (Entered: 07/16/2004) |
|
08/18/2004 |
ORDER
-- A status conference is scheduled for September 20, 2004 at 1:30 p.m. The
parties shall e-file a joint status letter by September 10, 2004, which shall
include what, if any, discovery remains to be completed. Signed by Judge
James Orenstein on 8/18/04. CM(Branciforte, Ralph) (Entered: 08/18/2004) |
|
|
08/30/2004 |
Letter
from Daniel Spillane dtd 8/27/04 to USDJ Platt Regarding Dfts respectfully
request that the Court decline to issue pltffs' proposed order to show cause.
(Lopez, Adriana) (Entered: 09/20/2004) |
|
|
09/08/2004 |
MEMORANDUM
AND ORDER: The dfts' served motion for summary judgment is denied without
prejudice and pltffs' motion is DENIED. Signed by Judge Thomas C. Platt on
9/8/04. (Lopez, Adriana) (Entered: 09/15/2004) |
|
|
09/09/2004 |
|
ORDER
-- Due to the Court's schedule, the status conference is rescheudled from
9/20/04 to 9/28/04 at 10:30 a.m. Counsel shall contact the Court with an
alternative date if counsel are unavailable at this date and time. Approved
by Judge James Orenstein on 9/9/04. CM (Branciforte, Ralph) (Entered:
09/09/2004) |
|
09/10/2004 |
Unsigned
Order to Show Cause by Darren F. Murray. (Lopez, Adriana) (Entered:
09/15/2004) |
|
|
09/10/2004 |
MEMORANDUM
in Support of motion for Rule 16 conference. Filed by Darren F. Murray.
(Lopez, Adriana) (Entered: 09/15/2004) |
|
|
09/10/2004 |
AFFIRMATION
OF Jared B. Stamell in Support of motion for a Rule 16 conference. Filed by
Darren F. Murray. SEE COURT FILES FOR EXHIBITS(Lopez,
Adriana) Modified on 9/15/2004 (Lopez, Adriana). (Entered: 09/15/2004) |
|
|
09/13/2004 |
STATUS
REPORT Pursuant to Court's August 16, 2004 Order by Metropolitan Life
Insurance Co.. (Micarelli, Carl) (Entered:
09/13/2004) |
|
|
09/13/2004 |
AFFIDAVIT
re 139 Status Report
and Compliance With Administrative Order 97-12 by Metlife, Inc.,
Metropolitan Life Insurance Co.. (Micarelli, Carl)
(Entered: 09/13/2004) |
|
|
09/20/2004 |
Letter
from Carl Micarelli to Magistrate Judge James Orenstein Regarding confirming
that conference previously scheduled for 9/28/04 has been rescheduled to
10/5/04 at 2:30 pm. (Micarelli, Carl) (Entered: 09/20/2004) |
|
|
10/05/2004 |
Minute
Entry for proceedings held before James Orenstein :
Status Conference held on 10/5/2004. The next status conference will be held
on November 2, 2004, at 2:00 p.m. THE FOLLOWING
RULINGS WERE MADE: The parties shall simultaneously submit letters on October
12, 2004, setting forth their respective positions as to whether discovery
should proceed at this point. By October 19, 2004, the parties are directed
to confer and submit a joint statement (or, if they cannot agree on such a
statement, simultaneously filed statements from each side) setting forth a
plan for completing discovery in the event I decide that discovery should now
proceed. The statement should note areas in which the parties are in
agreement regarding discovery and also outline those disputes that need to be
decided early so that further discovery can proceed. (Orenstein, James)
(Entered: 10/05/2004) |
|
|
10/12/2004 |
Letter
from Jared Stamell to Hon. James Orenstein Regarding Discovery. (Crow, John)
(Entered: 10/12/2004) |
|
|
10/12/2004 |
Letter
from Bruce E. Yannett on behalf of defendants to Honorable James Orenstein
Regarding Court's Minute Order of October 5, 2004 directing the submission of
letters concerning parties' respective positions as to whether discovery
should proceed.. (Attachments: # 1)(Yannett, Bruce)
(Entered: 10/12/2004) |
|
|
10/29/2004 |
NOTICE
by Metlife, Inc., Metropolitan Life Insurance Co. JOINT DISCOVERY
STATEMENT executed by Carl Micarelli (Debevoise & Plimpton LLP for
defendants) and Jared B. Stamell (Stamell & Schager LLP for plaintiffs)
(Micarelli, Carl) (Entered: 10/29/2004) |
|
|
11/10/2004 |
Minute
Entry for proceedings held before James Orenstein :
Status Conference held on 11/9/2004. The next status conference will be held
on January 10, 2005, at 2:00 p.m. THE FOLLOWING RULINGS WERE MADE: As will be
set forth in greater detail in a separate memorandum of decision, the first
phase of discovery is complete and the defendants will accordingly re-file
the summary judgment motion on its theory of loss. Discovery on other matters
will be stayed until plaintiff submits an opposition to that motion on the
merits (or until Judge Platt determines that such a motion remains premature,
if he makes such a determination prior to the submission of plaintiff's
opposition on the merits). The schedule for the discovery on those other
matters will proceed in accord with the time frames reflected in defendants'
proposal. (Orenstein, James) (Entered: 11/10/2004) |
|
|
11/12/2004 |
MEMORANDUM
OF DECISION. After reviewing the parties' submissions, DE 148 and 149, and
discussing the matter further at a status conference on November 9, 2004, I
directed defendants to renew their proposed summary judgment motion before
United States District Judge Thomas C. Platt and further ordered that
discovery of remaining matters would proceed upon the earlier of (a) a
decision by Judge Platt that the summary judgment motion remains premature or
(b) plaintiffs' submission of an opposition to that motion on the merits.
This memorandum explains the reasons for that order and also addresses the schedule
for further discovery. Signed by Judge James Orenstein on November 12, 2004.
(Orenstein, James) (Entered: 11/12/2004) |
|
|
11/22/2004 |
|
Incorrect
Case-Document Information filed.docket entry--Appeal of Magistrat Decision
--filed--11/22/04 --numbered--153 has been deleted. Should have been entered
as an Objection to Magistrate R & R (McMahon, Carol) (Entered:
11/22/2004) |
|
11/22/2004 |
NOTICE
by Darren F. Murray re 151
Status Conference,,,, 152
Memorandum & Opinion,, objection to magistrate judge's order re
discovery stay (Crow, John) (Entered: 11/22/2004) |
|
|
12/06/2004 |
REPLY
in Opposition re 153
Notice (Other) DEFENDANTS' RESPONSE TO PLAINTIFFS' OBJECTION TO MAGISTRATE
JUDGE'S ORDER by all defendants. (Attachments: # 1 Exhibit
A)(Micarelli, Carl) (Entered: 12/06/2004) |
|
|
12/10/2004 |
NOTICE
by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito,
Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur re 154 Reply in
Opposition Reply in Support of Objection (Crow, John) (Entered:
12/10/2004) |
|
|
12/13/2004 |
MEMORANDUM
AND ORDER: The parties do not agree that discovery on the damages issue is
complete. Therefore discovery will continue in accordance with the schedule
set forth by USMJ Orenstein in his 11/12/04 decision. Metlife's motion for
summary judgment is still premature. Signed by Judge Thomas C. Platt on
12/10/04. (Lopez, Adriana) (Entered: 12/13/2004) |
|
|
12/17/2004 |
MOTION
for Order to Show Cause for class certification by all plaintiffs.
(Crow, John) (Entered: 12/17/2004) |
|
|
12/17/2004 |
AFFIDAVIT
re 157 MOTION
for Order to Show Cause for class certification of Jared Stamell in
support by Michael A. Giannattasio, Darren F. Murray, Mary A. Devito,
Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Crow,
John) (Entered: 12/17/2004) |
|
|
12/17/2004 |
MEMORANDUM
in support to the 157
MOTION for Order to Show Cause for class certification, 158 Affidavit, of
memorandum in support of motion (Crow, John) Modified on 12/20/2004
(Lopez, Adriana). (Entered: 12/17/2004) |
|
|
12/17/2004 |
CERTIFICATE
OF SERVICE by Michael A. Giannattasio, Darren F. Murray, Mary A. Devito,
Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur re 159 Notice (Other),
Notice (Other), 157
MOTION for Order to Show Cause for class certification, 158 Affidavit,
(Crow, John) (Entered: 12/17/2004) |
|
|
12/18/2004 |
RESPONSE
in Opposition re 157
MOTION for Order to Show Cause for class certification filed by all
defendants. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Micarelli,
Carl) (Entered: 12/18/2004) |
|
|
12/20/2004 |
Letter
from Jared Stamell to Hon. Thomas C. Platt Regarding withdrawing order to
show cause re class certification. (Crow, John) (Entered: 12/20/2004) |
|
|
03/21/2005 |
ORDER
-- A telephone status conference in the above-captioned case is scheduled for
March 28, 2005 at 12:00 p.m. Plaintiff's counsel shall initiate the call. Mr.
Crow shall serve this order on all parties upon receipt. Signed by Judge
James Orenstein on 3/21/05. (Branciforte, Ralph) (Entered: 03/21/2005) |
|
|
03/24/2005 |
Letter
from Daniel J. Spillane of Debevoise & Plimpton LLP dated March 24, 2005
to Honorable James Orenstein Regarding the rescheduling of the March 28, 2005
status conference to March 29, 2005 at 10:30am. (Spillane, Daniel) (Entered:
03/24/2005) |
|
|
03/29/2005 |
Minute
Entry for proceedings held before James Orenstein :
Telephone Conference held on 3/29/2005. The next status conference will be
held on August 9, 2005, at 10:30 a.m. A pretrial conference will be held on
January 16, 2006, at 10:30 a.m. The parties have briefed the class
certification motion and are scheduled for oral argument before Judge Platt
on April 29, 2005. I will enter a separate amended case management and
scheduling order that reflects remaining discovery and other deadlines in the
case. (Orenstein, James) (Entered: 03/29/2005) |
|
|
03/29/2005 |
SCHEDULING
ORDER: All non-expert discovery completed by: July 28, 2005. Status
Conference: August 9, 2005, at 10:30 a.m. Last day for expert witnesses to
serve reports: September 13, 2005. Motion for summary judgment served by:
October 25, 2005. All discovery, inclusive of
experts, completed by: November 8, 2005. Opposition to motion served by:
November 25, 2005. Reply served, Judge Platt's chambers contacted to schedule
argument, and all motion papers filed by: December 8, 2005. Pretrial Order to
be filed by: January 9, 2006. Pretrial Conference: January 16, 2006, at 10:30
a.m. Signed by Judge James Orenstein on March 29, 2005. (Orenstein, James)
(Entered: 03/29/2005) |
|
|
04/19/2005 |
Letter
MOTION for Discovery to compel production re Closed Block by all
plaintiffs. (Attachments: # 1)(Crow, John) (Entered:
04/19/2005) |
|
|
04/19/2005 |
Notice
of MOTION to Certify Class by all plaintiffs. Responses due by 4/19/2005
(Attachments: # 1
Plaintiffs' Memorandum in Support of Motion; # 2 Spillane Declaration; # 3Spillane
Declaration - Exh. A; # 4 Spillane
Declaration Exh. B; # 5
Spillane Declaration Exh. C; # 6Spillane
Declaration Exh. D; # 7
Spillane Declaration Exh E; # 8 Spillane
Declaration Exh F; # 9
Spillane Declaration Exh G; # 10 Spillane
Declaration Exh H; # 11
Spillane Declaration Exh I; # 12 Spillane
Declaration Exh J; # 13
Spillane Declaration Exh K; # 14 Spillane
Declaration Exh L; # 15
Spillane Declaration Exh M; # 16 Wright
Declaration; # 17
Plaintiffs' Reply Memorandum; # 18 Stamell Reply
Affirmation; # 19
Stamell Reply Affirmation Exh A; # 20 Stamell Reply
Affirmation Exh B; # 21
Admission of Sservice; # 22 Defendants'
Memorandum in Opposition to Class Certification)(Crow, John) Modified on
4/20/2005 (Mahon, Cinthia). (Entered: 04/19/2005) |
|
|
04/20/2005 |
RESPONSE
in Opposition re 167
Letter MOTION for Discovery to compel production re Closed Block filed
by Metropolitan Life Insurance Co., Metlife, Inc.. (Spillane, Daniel)
(Entered: 04/20/2005) |
|
|
04/21/2005 |
Letter
MOTION to Compel Production of Documents by PricewaterhouseCoopers by
all plaintiffs. (Crow, John) (Entered: 04/21/2005) |
|
|
04/21/2005 |
|
ORDER
denying 167
Motion for Discovery -- As defendant's counsel notes, the instant application
does not comply with applicable provisions of the Local Rules of this court
and my own Individual Practice Rules. Those provisions require the movant's
counsel to meet and confer with opposing counsel in a good faith effort to
resolve a dispute before submitting an application, and also to include in
the application a report on the results of such efforts. I presume that the
defendant's counsel raises this objection because he anticipates that
compliance will result in a substantive narrowing of the parties' discovery
dispute, and not because he simply seeks to delay resolution of the
plaintiffs' application. I therefore deny the plaintiffs' motion 167 without
prejudice to its renewal -- in what I am confident will be a narrower form,
if any dispute remains -- upon the plaintiffs' compliance with the applicable
procedural rules. Approved by Judge James Orenstein on 4/21/05. (Branciforte,
Ralph) (Entered: 04/21/2005) |
|
04/22/2005 |
MOTION
to Withdraw 170
Letter MOTION to Compel Production of Documents by PricewaterhouseCoopers
and to request status conference on 4/29 by all plaintiffs. (Crow,
John) (Entered: 04/22/2005) |
|
|
04/25/2005 |
|
ORDER
Re: 171 Motion
-- A walk-in conference is scheduled for April 29, 2005. The parties shall
appear before me after their appearance before Judge Platt. Approved by Judge
James Orenstein on 4/25/05. (Branciforte, Ralph) (Entered: 04/25/2005) |
|
04/28/2005 |
Letter
from Jared Stamell to Hon. James Orenstein Regarding rescheduling. (Crow,
John) (Entered: 04/28/2005) |
|
|
05/06/2005 |
Minute
Entry: Before USMJ James Orenstein. Status Conference held on 5/6/2005. The
next telephone status conference will be held on July 6, 2005, at 11:00 a.m.
THE FOLLOWING RULINGS WERE MADE: The parties have agreed to certain
procedures and scheduling with respect to discovery, as discussed on the
record. I will enter a separate amended case management and scheduling order
that reflects the deadlines set forth in the parties' jointly proposed plan,
as well as periodic telephone status conferences to discuss the progress of
discovery. NOTE: The conferences previously scheduled for August 9, 2005 and
January 16, 2006 have been rescheduled as set forth in the Second Amended
Scheduling Order. (Branciforte, Ralph) (Entered: 05/06/2005) |
|
|
05/06/2005 |
SECOND
AMENDED SCHEDULING ORDER: Defendants' production of documents in response to
agreed requests as set forth in Joint Discovery Plan completed by: June 30,
2005; Telephone Status Conference: July 6, 2005, at 11:00 a.m.; Telephone
Status Conference: September 9, 2005, at 10:30 a.m.; Telephone Status
Conference: November 10, 2005, at 10:30 a.m.; All non-expert discovery
completed by: December 30, 2005; Telephone Status Conference: January 6,
2006, at 11:00 a.m.; Expert reports due by: February 13, 2006; Motion for
summary judgment served by: March 24, 2006; All discovery, inclusive of
experts, completed by: April 7, 2006; Telephone Status Conference: April 17,
2006, at 10:30 a.m.; Opposition to motion for summary judgment served by:
April 25, 2006; Reply to motion served and Judge Platt's Chambers contacted
to schedule argument (papers to be filed 10 days before argument in
accordance with Judge Platt's Individual Practices): May 8, 2006; Pretrial
Order filed by: June 7, 2006; Pretrial Conference: June 16, 2006, at 10:30
a.m. Signed by Judge James Orenstein on 5/6/05. (Branciforte, Ralph)
(Entered: 05/06/2005) |
|
|
05/10/2005 |
Minute
Entry for proceedings held before Thomas C. Platt :
Motion Hearing held on 5/6/2005 at 10:30 a.m. re 168 Notice of
MOTION to Certify Class filed by Darren F. Murray. Case called, counsel for
all sides present. DECISION RESERVED. See calendar for further details.
(Court Reporter Harry Rapaport.) (O'Hara, Karen) (Entered: 05/10/2005) |
|
|
06/03/2005 |
176 |
TRANSCRIPT
of Proceedings before Judge J. Orenstein. (Transcription Plus II) (Imrie,
Robert) (Entered: 06/03/2005) |
|
06/03/2005 |
177 |
TRANSCRIPT
of Proceedings held on 11/9/04 before Judge J. Orenstein. (Transcription
Plus) (Imrie, Robert) (Entered: 06/03/2005) |
|
06/30/2005 |
Letter
from Carl Micarelli on behalf of Defendants to Honorable James Orenstein
Regarding Agenda For The July 6, 2005 Telephone Conference. (Micarelli, Carl)
(Entered: 06/30/2005) |
|
|
07/06/2005 |
Minute
Entry for proceedings held before James Orenstein :
Telephone Conference held on 7/6/2005. SCHEDULING: The next telephone status
conference will be held on September 9, 2005, at 10:30 a.m. THE FOLLOWING
RULINGS WERE MADE: With the parties' consent, I will issue a third amended
case management and scheduling order that extends current deadlines by 60
days. (Orenstein, James) (Entered: 07/06/2005) |
|
|
07/06/2005 |
THIRD
AMENDED SCHEDULING ORDER: Defendants' production of documents in response to
agreed requests as set forth in Joint Discovery Plan completed by: August 29,
2005. Telephone Status Conference: September 9, 2005, at 10:30 a.m. Telephone
Status Conference: November 10, 2005, at 10:30 a.m. All non-expert discovery
completed by: March 1, 2006. Telephone Status Conference: March 8, 2006, at
9:30 a.m. Expert Report due by: April 17, 2006. Motion for summary judgment
served by: May 23, 2006. All discovery, inclusive of
experts, completed by: June 6, 2006. Telephone Status Conference: June 16,
2006, at 9:30 a.m. Opposition to motion for summary judgment served by: June
26, 2006. Reply to motion served and Judge Platt's Chambers contacted to
schedule argument (Papers to be filed 10 days before argument in accordance
with Judge Platt's Individual Practices): July 7, 2006. Pretrial Order filed
by: August 7, 2006. Pretrial Conference: August 15, 2006, at 10:00 a.m. SEE
ATTACHED ORDER. Ordered by Judge James Orenstein on July 6, 2005. (Orenstein,
James) (Entered: 07/06/2005) |
|
|
07/19/2005 |
ORDER
granting 168
Motion to Certify Class. All of the named Plfs are appropriate and adequate
class representatives except Mr. Darrell Murray, for the reasons discussed
above.Ordered by JudgeThomas C. Platt on 7/19/05. (Barhome, Sydelle)
(Entered: 07/20/2005) |
|
|
09/06/2005 |
Letter
from Carl Micarelli dated 9/6/05 to Honorable James Orenstein Regarding
parties' agenda prior to the September 9, 2005 Conference. (Micarelli, Carl)
(Entered: 09/06/2005) |
|
|
09/07/2005 |
183 |
TRANSCRIPT
of Proceedings held on 5/6/05 before Judge Thomas C. Platt. Court Reporter:
Harry Rapaport. (Montero, Edher) (Entered: 09/07/2005) |
|
09/09/2005 |
Minute
Entry for proceedings held before James Orenstein :
Telephone Conference held on 9/9/2005. SCHEDULING: The next telephone Status
conference will be held on November 10, 2005, at 10:30 a.m. THE FOLLOWING
RULINGS WERE MADE: (1) The parties will submit letter briefs on an
anticipated motion to compel production of documents withheld on the basis of
privilege. After reviewing the submissions, I will contact the parties as to
whether oral argument will be needed in person. (2) Discovery is proceeding.
I will consider any application to further amend the discovery schedule at
the next conference. (Orenstein, James) (Entered: 09/09/2005) |
|
|
11/03/2005 |
|
ORDER
-- The status conference scheduled for November 10, 2005 at 10:30 a.m. is
rescheduled for November 17, 2005 at 11:00 a.m. Approved by Judge James
Orenstein on 11/3/05. (Adams-Ciardullo, Diana) (Entered: 11/03/2005) |
|
11/10/2005 |
Letter
from Jared Stamell to Hon. James Orenstein Regarding Changing time of
telephone conference. (Crow, John) (Entered: 11/10/2005) |
|
|
11/14/2005 |
|
ORDER
re 185 Letter --
The application is granted. The November 17, 2005 telephone conference
previously scheduled for 11:00 a.m. is rescheduled for 2:00 p.m. Approved by
Judge James Orenstein on 11/14/05. (Adams-Ciardullo, Diana) (Entered:
11/14/2005) |
|
11/15/2005 |
STATUS
REPORT Plaintiffs agenda letter for 11-17 status tele-conference by
Darren F. Murray. (Crow, John) (Entered: 11/15/2005) |
|
|
11/17/2005 |
Minute
Entry for proceedings held before James Orenstein :
Telephone Conference held on 11/17/2005. SCHEDULING: (1) The next telephone
status conference will be held on March 8, 2006, at 9:30 a.m. (2) A telephone
status conference will be held on June 16, 2006 at 9:30 a.m. (3) A pretrial
conference will be held on August 15, 2006 at 10:00 a.m. THE FOLLOWING
RULINGS WERE MADE: The parties are proceeding with discovery, and there are
no discovery disputes that are yet ripe for resolution. The plaintiffs'
request to extend the discovery schedule will be held in abeyance.
(Orenstein, James) (Entered: 11/17/2005) |
|
|
12/21/2005 |
Unsigned
Order to Show Cause to enjoin a state action by Michael A.
Giannattasio, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy
Vanderveur. (Attachments: # 1 Affidavit Stamell
Affirmation# 2
Exhibit Stamell Aff Ex 1# 3 Exhibit Stamell
Aff Ex 2# 4 Exhibit
Stamell Aff Ex 3# 5
Exhibit Stamell Aff Exh 4# 6 Exhibit Stamell
Aff Ex 5# 7
Exhibit Stamell Aff Ex 6# 8 Exhibit Stamell
Aff Ex 7# 9
Exhibit Stamell Aff Ex 8# 10 Supplement Memo
in support of order to show cause)(Crow, John) (Entered: 12/21/2005) |
|
|
12/28/2005 |
Unsigned
Order to Show Cause to enjoin a state action (revised) by Michael A.
Giannattasio, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy
Vanderveur. (Crow, John) (Entered: 12/28/2005) |
|
|
12/29/2005 |
ORDER
TO SHOW CAUSE Show Cause Hearing, as to why an order should not be issued
enjoining prosecution of Fiala, et al. v. Metropolitan Life Ins. Co., et al,
set for 2/3/2006 02:00 PM before Senior Judge Thomas C. Platt. Ordered by
Judge Thomas C. Platt on 12/29/05. (Barhome, Sydelle) (Entered: 01/04/2006) |
|
|
01/06/2006 |
NOTICE
of Appearance by Bruce E. Yannett on behalf of Curtis H. Barnette, Robert H.
Benmosche, Gerald Clark, Joan Ganz Cooney, Burton A Dole, Jr, James R.
Houghton, Harry P. Kamen, Helene L. Kaplan, Charles M. Leighton, Allen E.
Murray, Stewart G. Nagler, John J. Phelan, Jr, Hugh B. Price, Robert G.
Schwartz, Ruth J. Simmons, William C. Steere, Jr (Yannett, Bruce) (Entered:
01/06/2006) |
|
|
01/06/2006 |
NOTICE
of Appearance by Carl Micarelli on behalf of Allen E. Murray (Nonparty
Directors and Officers Group), Curtis H. Barnette, Robert H. Benmosche,
Gerald Clark, Joan Ganz Cooney, Burton A Dole, Jr, James R. Houghton, Harry
P. Kamen, Helene L. Kaplan, Charles M. Leighton, Stewart G. Nagler, John J.
Phelan, Jr, Hugh B. Price, Robert G. Schwartz, Ruth J. Simmons, William C.
Steere, Jr (Micarelli, Carl) (Entered: 01/06/2006) |
|
|
01/06/2006 |
ACKNOWLEDGEMENT
OF SERVICE Executed as to 190 Order to Show
Cause, / Nonparty Directors and Officers' Acknowledgment of Service on
12/30/05 of O/S/C dated 12/29/05 with supporting papers, etc. /
Acknowledgement filed by Curtis H. Barnette, Robert H. Benmosche, Gerald
Clark, Joan Ganz Cooney, Burton A Dole, Jr, James R. Houghton, Harry P.
Kamen, Helene L. Kaplan, Charles M. Leighton, Allen E. Murray (Nonparty
Directors and Officers Group), Stewart G. Nagler, John J. Phelan, Jr, Hugh B.
Price, Robert G. Schwartz, Ruth J. Simmons, William C. Steere, Jr.
(Micarelli, Carl) (Entered: 01/06/2006) |
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01/12/2006 |
NOTICE
of Appearance by Barry A Weprin on behalf of Paulette Beliunas, John T.
Brophy, Eugenia Fiala, Ira J. Gelb, June A. Gelb, Paul Hazen, Theresa Hazen,
Richard E. Schweinberg, Vijay J. Shah, Mark D Smilow (Weprin, Barry)
(Entered: 01/12/2006) |
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01/12/2006 |
ACKNOWLEDGEMENT
OF SERVICE Executed by Nonparty Policyholder Group For Order to Show Cause
Acknowledgement filed by Paulette Beliunas, John T. Brophy, Eugenia Fiala,
Ira J. Gelb, June A. Gelb, Paul Hazen, Theresa Hazen, Richard E. Schweinberg,
Vijay J. Shah, Mark D Smilow. (Weprin, Barry) (Entered: 01/12/2006) |
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01/23/2006 |
AFFIDAVIT
of Service for Order to Show Cause with supporting memorandum and affidavit
served on Defendants, Counsel for Fiala plaintiffs, Counsel
for Fiala individual defendants on 12/29/2005, filed by Michael A. Giannattasio,
Darren F. Murray, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur.
(Attachments: # 1
Exhibit 1# 2
Exhibit 2# 3
Exhibit 3)(Crow, John) (Entered: 01/23/2006) |
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01/27/2006 |
AFFIDAVIT
re 190 Order to
Show Cause, /Defendants' and Nonparty Directors and Officers' RESPONSE to
Plaintiffs' Motion to Enjoin a State Action that is Barred by Federal
Securities Law by Metropolitan Life Insurance Co., Metlife, Inc., Curtis
H. Barnette, Robert H. Benmosche, Gerald Clark, Joan Ganz Cooney, Burton A
Dole, Jr, James R. Houghton, Harry P. Kamen, Helene L. Kaplan, Charles M.
Leighton, Allen E. Murray, Stewart G. Nagler, John J. Phelan, Jr, Hugh B.
Price, Robert G. Schwartz, Ruth J. Simmons, William C. Steere, Jr.
(Micarelli, Carl) (Entered: 01/27/2006) |
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01/28/2006 |
RESPONSE
TO ORDER TO SHOW CAUSE by Paulette Beliunas, John T. Brophy, Eugenia Fiala,
Ira J. Gelb, June A. Gelb, Paul Hazen, Theresa Hazen, Richard E. Schweinberg,
Vijay J. Shah, Mark D Smilow. (Lovell, Christopher) (Entered: 01/28/2006) |
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01/28/2006 |
RESPONSE
TO ORDER TO SHOW CAUSE by Paulette Beliunas, John T. Brophy, Eugenia Fiala,
Ira J. Gelb, June A. Gelb, Paul Hazen, Theresa Hazen, Richard E. Schweinberg,
Vijay J. Shah, Mark D Smilow. (Attachments: # 1 Affidavit
Affidavit of Jody Krisiloff Part II)(Lovell, Christopher) (Entered:
01/28/2006) |
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02/02/2006 |
REPLY
in Support re 190
Order to Show Cause, by all plaintiffs. (Crow, John) (Entered: 02/02/2006) |
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02/02/2006 |
AFFIDAVIT
in Support re 200
Reply in Support, 190
Order to Show Cause, by all plaintiffs. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Crow,
John) (Entered: 02/02/2006) |
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02/02/2006 |
AFFIDAVIT
of Service for Reply Memorandum and Affidavit in Support of Order to Show
Cause served on Defendants' counsel, counsel for individual defendants in
Fiala action, and co-lead counsel for plaintiffs in Fiala action on 02/01/2006,
filed by Michael A. Giannattasio, Martin Gold, Mary A. Devito, Harry S.
Purnell, III, Kathy Vanderveur. (Crow, John) (Entered: 02/02/2006) |
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02/08/2006 |
Letter
dtd. 2/7/06 from Jared B. Stamell to Hon. J. Platt advising that although
SLUSA authorizes any party to remove a case from State Court, neither the
Fiala Plaintiff nor dfts will volunteer to do so because they fear they may
waive an argument about removal or jurisiction. This Court, however, may
order the plfs or dfts, or both, to remove. (Barhome, Sydelle) (Entered:
06/28/2006) |
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|
02/09/2006 |
Letter
From Carl Micarelli Dated 2/9/06 To Judge Platt addressing Issues
Concerning Removal Of Fiala Under The Securities Litigation Uniform Standards
Act of 1998 And In Response To The Federal Plaintiffs' 2/7/06 Letter by
Metropolitan Life Insurance Co., Metlife, Inc., Curtis H. Barnette, Robert H.
Benmosche, Gerald Clark, Joan Ganz Cooney, Burton A Dole, Jr, James R.
Houghton, Harry P. Kamen, Helene L. Kaplan, Charles M. Leighton, Allen E.
Murray, Stewart G. Nagler, John J. Phelan, Jr, Hugh B. Price, Robert G.
Schwartz, Ruth J. Simmons, William C. Steere, Jr. (Micarelli, Carl) (Entered:
02/09/2006) |
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03/07/2006 |
MOTION
for Extension of Time to Complete Discovery by all plaintiffs. (Crow, John)
(Entered: 03/07/2006) |
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03/08/2006 |
|
Minute
Entry for proceedings held before A. Kathleen Tomlinson :
Telephonic Status Conference held on 3/8/2006. The next conference is
scheduled for March 17, 2006 at 2:30 p.m, courtroom 910. The parties are
directed to file a letter, no more than two pages long, setting forth the
status of discovery to date, including, but not limited to, any open issues
with respect to document production and review, the number of depositions
remaining (party and non-party) and any concerns either party may have with
regard to such depositions. (Jacobwitz, Beth) (Entered: 03/08/2006) |
|
03/10/2006 |
Letter
from Carl Micarelli of Debevoise & Plimpton LLP to Magistrate Judge
Tomlinson requesting that March 17, 2006 discovery conference be rescheduled
from 2:30 p.m. to 4:30 p.m. on consent of the parties. by
Metropolitan Life Insurance Co., Metlife, Inc.. (Micarelli, Carl) (Entered:
03/10/2006) |
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03/13/2006 |
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SCHEDULING
ORDER: Status Conference set for 3/17/2006 04:00 PM before Magistrate-Judge
A. Kathleen Tomlinson.. Ordered by Judge A. Kathleen
Tomlinson on 03/13/06. (Jacobwitz, Beth) (Entered: 03/13/2006) |
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03/15/2006 |
Letter
To U.S. Magistrate Judge A. Kathleen Tomlinson From Bruce Yannett, Esq. In
Response To The Court's March 8, 2006 Directive To Submit A Status Report
Concerning Discovery by Metropolitan Life Insurance Co., Metlife, Inc..
(Yannett, Bruce) (Entered: 03/15/2006) |
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03/15/2006 |
MOTION
for Extension of Time to Complete Discovery by all plaintiffs. (Crow, John)
(Entered: 03/15/2006) |
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03/17/2006 |
SCHEDULING
ORDER: Status Conference set for 4/17/2006 10:30 AM
before Magistrate-Judge A. Kathleen Tomlinson. SEE ATTACHED FOURTH AMENDED
CASE MANAGEMENT AND SCHEDULING ORDER. Ordered by Judge A. Kathleen Tomlinson
on 03/17/06. (Jacobwitz, Beth) (Entered: 03/17/2006) |
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03/17/2006 |
Minute
Entry and Order for proceedings held before A. Kathleen Tomlinson
: Status Conference held on 3/17/2006. The next telephone conference
will be held on April 17, 2006 at 10:30 a.m. Plaintiffs' counsel is to
initiate the call. THE FOLLOWING RULINGS WERE MADE: Plaintiffs' application
to extend the deadlines in the previous scheduling order for 90 days is
GRANTED. 2. Within one week from today, Defendants will disclose to
Plaintiffs the name of the appropriate Rule 30(b)(6)
witness(es) to be produced on behalf of Defendants. The parties will confer
in good faith regarding an expedited deposition of that Rule 30(b)(6) witness(es) so that subsequent depositions can be
scheduled in a timely manner. 3. The parties agree to a total of 15
depositions going forward. Once these examinations have concluded, should
additional depositions be deemed essential by any party, counsel
are directed to confer in good faith to resolve the issue. If the
parties cannot agree, then the unresolved dispute is to be brought to my
immediate attention. 4. Plaintiffs' application to extend the seven (7) hour
presumptive limit on depositions is DENIED, with leave to renew on a
witness-by-witness basis for good cause shown if the parties cannot reach an
agreement among themselves. 5. In view of the lengthy history of this case,
no further extensions of discovery will be granted absent a showing of
extraordinary circumstances. 6.I will enter a
separate FOURTH AMENDED CASE MANAGEMENT AND SCHEDULING ORDER that reflects
the deadlines discussed at the conference today. (Jacobwitz, Beth) (Entered:
03/17/2006) |
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03/28/2006 |
|
Judge
A. Kathleen Tomlinson added. Judge James Orenstein no longer assigned to
case. (Vaughn, Terry) (Entered: 03/28/2006) |
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04/12/2006 |
Letter
of Carl Micarelli (Debevoise & Plimpton LLP) written on behalf of both
sides with the consent of plaintiffs' counsel in response to Judge
Tomlinson's direction that the parties file a letter in advance of the
telephone conference scheduled for April 17, 2006; the parties respectfully
wish to report briefly on the status of discovery-- by Metropolitan Life
Insurance Co., Metlife, Inc.. (Micarelli, Carl) (Entered: 04/12/2006) |
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04/17/2006 |
|
Minute
Entry for proceedings held before A. Kathleen Tomlinson :
Telephonic Status Conference held on 4/17/2006. The next telephonic
conference is scheduled for May 17, 2006 at 11:30 a.m. The parties reported
that discovery is proceeding and that they have been able resolve any issues
that have arisen without Court intervention. No requests for judicial
intervention were made and no ruling were issued.
(Jacobwitz, Beth) (Entered: 04/17/2006) |
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04/25/2006 |
MANDATE/DECISION
BY USCA, SECOND CIRCUIT on motion before USCA by Mary A. Devito re 181 Order on Motion
to Certify Class, ordered that petition to move for interlocutory appeal is
denied. Copy sent to chambers. (Romano, Daniel) (Entered: 05/03/2006) |
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05/09/2006 |
MOTION
to Certify Class /Notice of Defendants' Motion for a Determination
Regarding the Membership of the Certified Class by all defendants.
(Attachments: # 1
Certificate of Service)(Micarelli, Carl) (Entered: 05/09/2006) |
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05/09/2006 |
RESPONSE
in Support re 212
MOTION to Certify Class /Notice of Defendants' Motion for a Determination
Regarding the Membership of the Certified Class /Defendants'
Memorandum of Law in Support filed by all defendants. (Micarelli, Carl)
(Entered: 05/09/2006) |
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05/09/2006 |
AFFIDAVIT
in Support re 212
MOTION to Certify Class /Notice of Defendants' Motion for a Determination
Regarding the Membership of the Certified Class /Declaration of Joseph
A. Reali in Support filed by all defendants. (Attachments: # 1 Exhibit
A)(Micarelli, Carl) (Entered: 05/09/2006) |
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05/09/2006 |
REPLY
to Response to Motion re 212 MOTION to
Certify Class /Notice of Defendants' Motion for a Determination Regarding
the Membership of the Certified Class /Defendants' Reply Memorandum of
Law in Further Support filed by all defendants. (Attachments: # 1 Plaintiffs'
Memorandum in Response to MetLife's Motion for a Determination Regarding the
Membership of the Certified Class# 2 Affirmation of
Jared B. Stamell in Response to MetLife's Motion# 3 Stamell Exhibit
1# 4 Stamell
Exhibit 2# 5
Stamell Exhibit 3# 6
Stamell Exhibit 4# 7
Stamell Exhibit 5# 8
Stamell Exhibit 6# 9
Stamell Exhibit 7# 10
Stamell Exhibit 8# 11
Stamell Exhibit 9# 12
Stamell Exhibit 10# 13
Stamell Exhibit 11)(Micarelli, Carl) (Entered: 05/09/2006) |
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|
05/09/2006 |
First
MOTION to Adjourn Conference by all plaintiffs. (Crow, John) (Entered: 05/09/2006) |
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05/10/2006 |
|
Motions
terminated, 204 MOTION and 207 MOTION pursuant
to #209-granting motions. (Montero, Edher) (Entered: 05/11/2006) |
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05/11/2006 |
|
ORDER
granting 216
Motion to Adjourn Conference scheduled for May 17, 2006. The status conference
is rescheduled for May 19, 2006 at 9:30 a.m. Ordered by JudgeA. Kathleen
Tomlinson on 05/11/06. (Jacobwitz, Beth) (Entered: 05/11/2006) |
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05/16/2006 |
Letter
re Agenda for May 19, 2006 Conference by Michael A. Giannattasio,
Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S.
Purnell, III, Kathy Vanderveur. (Crow, John) (Entered: 05/16/2006) |
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05/19/2006 |
Minute
Entry for proceedings held before A. Kathleen Tomlinson :
Status Conference held on 5/19/2006. The rullings made at today's conference
are set forth in the attached order. A Fifth Amended Case Management and
Scheduling Order will be entered separately. The briefing schedule on
Plaintiffs' motion to use certain documents as evidence is as follows: a)
Plaintiffs will serve their motion on Defendant no later than May 31, 2006;
b) Defendant's opposition must be served no later than June 7, 2006; c)
Plaintiffs' reply, if any, must be served no later than June 14, 2006. The
parties are directed to my Individual Rules regarding the bundling and filing
of motion papers via ECF. SEE ATTACHED ORDER. (Jacobwitz, Beth) (Entered:
05/19/2006) |
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|
05/19/2006 |
|
Incorrect
Case/Document/Entry Information. After the court entered a scheduling order
(doc 219), it has been deleted and a corrected copy will be entered.
(Talbott, Thomas) (Entered: 05/19/2006) |
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05/19/2006 |
SCHEDULING
ORDER: Final Pretrial Conference set for 1/25/2006 11:00 AM
before Magistrate-Judge A. Kathleen Tomlinson. SEE ATTACHED FIFTH AMENDED
CASE MANAGEMENT AND SCHEDULING ORDER. Ordered by Judge A. Kathleen Tomlinson
on 05/19/06. (Jacobwitz, Beth) (Entered: 05/19/2006) |
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05/19/2006 |
Minute
Entry for proceedings held before Thomas C. Platt : Motion Hearing held on
5/19/2006 at 10:30 a.m. re 212 MOTION to
Certify Class /Notice of Defendants' Motion for a Determination Regarding
the Membership of the Certified Class filed by Metropolitan Life
Insurance Co.,, Metlife, Inc.,. Case called. Counsel for all sides present.
Motion argued. DECISION RESERVED. (Court Reporter Ron Tolkin.) (O'Hara,
Karen) (Entered: 05/22/2006) |
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06/14/2006 |
Letter
from Carl Micarelli to Magistrate Judge Tomlinson regarding Status of
Discovery, and Agenda for June 19, 2006 Conference by Metropolitan Life
Insurance Co., Metlife, Inc.. (Micarelli, Carl)
(Entered: 06/14/2006) |
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06/21/2006 |
Notice
of MOTION to Compel production of documents by all plaintiffs.
(Attachments: # 1
Exhibit Certificate of Service)(Crow, John) (Entered: 06/21/2006) |
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06/21/2006 |
AFFIDAVIT
re 222 Notice of
MOTION to Compel production of documents by Michael A. Giannattasio,
Darren F. Murray, Martin Gold, Kevin L. Hyms, Harry S. Purnell, III, Kathy
Vanderveur. (Attachments: # 1 Exhibit A# 2 Errata B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E pt 1# 6 Exhibit E pt 2# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H# 10 Exhibit I# 11 Exhibit J# 12 Exhibit K# 13 Exhibit L# 14 Exhibit M)(Crow,
John) (Entered: 06/21/2006) |
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06/21/2006 |
AFFIDAVIT
re 222 Notice of
MOTION to Compel production of documents by Michael A. Giannattasio,
Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Kathy
Vanderveur. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Crow,
John) (Entered: 06/21/2006) |
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|
06/21/2006 |
MEMORANDUM
in Support re 222
Notice of MOTION to Compel production of documents by all plaintiffs.
(Crow, John) (Entered: 06/21/2006) |
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06/21/2006 |
MEMORANDUM
in Opposition re 224
Affidavit,, 225
Memorandum in Support, 223 Affidavit,, 222 Notice of
MOTION to Compel production of documents / Defendants' Memorandum
of Law in Opposition to Plaintiffs' Motion to Compel/ by all defendants.
(Attachments: # 1
Certificate of Service by hand on 6/9/06, executed by Eric Meyer)(Micarelli,
Carl) (Entered: 06/21/2006) |
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06/21/2006 |
MEMORANDUM
in Opposition re 224
Affidavit,, 225
Memorandum in Support, 223 Affidavit,, 222 Notice of
MOTION to Compel production of documents, 226 Memorandum in
Opposition, / DECLARATION of Eric D. Meyer in Opposition to Plaintiffs'
Motion to Compel / by all defendants. (Attachments: # 1 Exhibit A
(redacted)# 2
Exhibit B (redacted)# 3
Exhibit C (redacted)# 4
Certificate of Service)(Meyer, Eric) (Entered: 06/21/2006) |
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06/21/2006 |
REPLY
to Response to Motion re 222 Notice of
MOTION to Compel production of documents filed by all plaintiffs.
(Attachments: # 1
Affidavit Affidavit in Support of Reply# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4)(Crow,
John) (Entered: 06/21/2006) |
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06/21/2006 |
REPLY
to Response to Motion re 222 Notice of
MOTION to Compel production of documents Corrected Reply Brief
filed by all plaintiffs. (Crow, John) (Entered: 06/21/2006) |
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06/26/2006 |
Minute
Entry for proceedings held before A. Kathleen Tomlinson :
Status Conference held on 6/19/2006. The monthly status conference scheduled
for July 17, 2006 is adjourned in light of the hearing on the motion for a
protective order scheduled for July 18, 2006. Defendant will serve amended
Rule 26 disclosures addressing changes to its New York Insurance Department
witnesses by June 26, 2006. By July 3, 2006, Defendant will identify another
Rule 30(b)(6) witness able to testify as to
particular language used by Defendant in its Form 10-Q as identified by
Plaintiffs. SEE ATTACHED ORDER FOR FURTHER RULINGS. Ordered by magistrate
Judge A. Kathleen Tomlinson. (Jacobwitz, Beth) (Entered: 06/26/2006) |
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06/29/2006 |
MOTION
for Discovery Offers of Proof by all plaintiffs. (Crow, John)
(Entered: 06/29/2006) |
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|
07/06/2006 |
RESPONSE
in Opposition re 232
MOTION for Discovery Offers of Proof Letter Response in opposition
to plaintiffs' June 29 letter motion seeking "an order requiring MetLife
to provide offers of proof" for eight non-parties presently or formerly
associated with the NYS Insurance Department or its independent advisors,
filed by all defendants. (Micarelli, Carl) (Entered: 07/06/2006) |
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|
07/10/2006 |
Letter
MOTION for Discovery Motion to Compel by all plaintiffs. (Attachments:
# 1 Exhibit 1
A-C# 2 Exhibit
2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit
12)(Crow, John) (Entered: 07/10/2006) |
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07/13/2006 |
RESPONSE
in Opposition re 234
Letter MOTION for Discovery Motion to Compel Production of
Privileged Documents Relating to Policyholder Information Materials and
Registration Statement filed by all defendants. (Attachments: # 1 Exhibit Exhibit A
- SEC Comment Letter)(Micarelli, Carl) (Entered: 07/13/2006) |
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|
07/14/2006 |
STATUS
REPORT Parties Joint Agenda for Status Conference 7/18/06 by Michael
A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L.
Hyms, Harry S. Purnell, III, Kathy Vanderveur. (Crow, John) (Entered:
07/14/2006) |
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|
07/14/2006 |
STATUS
REPORT Corrected--Parties Joint Agenda for Status Conference 7/18/06
by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito,
Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur. (Crow, John)
(Entered: 07/14/2006) |
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07/17/2006 |
Letter
Status re Rule 30(b)(6) witness by Michael A.
Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms,
Harry S. Purnell, III, Kathy Vanderveur. (Crow, John) (Entered: 07/17/2006) |
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07/20/2006 |
Minute
Entry for proceedings held before A. Kathleen Tomlinson :
Discovery Hearing held on 7/18/2006. SCHEDULING: The next telephone
conference will be held on August 17, 2006 at 11 a.m. THE FOLLOWING RULINGS
WERE MADE: 1. The schedule for monthly telephone status conferences set forth
in the Fifth Amended Case Management and Scheduling Order will remain in
place. However, all other dates set forth in that order, including the timing
of the parties' anticipated summary judgment motions, will be stayed pending
resolution of the motions to compel discovery. 2. Plaintiffs' motion for an
Offer of Proof is DENIED for the reasons set forth in the record at today's
conference (see separate Order). 3. The parties are to report back to the
Court following their July 20 meeting with a detailed list of the documents
covered by the instant motions to compel and as to which the parties have
been unable to reach agreement. The list provided to the Court shall include
a description of the document, the type of privilege claimed and the basis on
which the privilege is challenged. This list shall be filed jointly by the
parties no later than August 10, 2006. 4. Defendant is directed to provide an
affidavit or affidavits from individuals who have first-hand knowledge of the
facts discussed at today's conference. I RESERVE DECISION on Plaintiffs' two
motions to compel pending further briefing on these issues. Defendant shall
file the aforementioned affidavits no later than August 18, 2006. I am
GRANTING Defendant's request to simultaneously file a brief supplemental
memorandum of law of no more than ten (10) pages addressing the legal issues
supported by the affidavits as well as those raised during today's
conference. Plaintiffs may file a supplemental response, if they choose to do
so, not exceeding ten (10) pages, no later than August 28, 2006. Defendant
may file a reply, if it chooses to do so, no later than September 5, 2006.
Defendant's reply shall not exceed five (5) pages. SEE ATTACHED ORDER FOR
ADDITIONAL RULINGS AND INFORMATION. So Ordered by Judge A. Kathleen
Tomlinson. (Tomlinson, A.) (Entered: 07/20/2006) |
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07/20/2006 |
ORDER
denying 232
Motion for an offer of proof. SEE THE ATTACHED ORDER. Ordered by JudgeA.
Kathleen Tomlinson on 07/18/06. (Jacobwitz, Beth) (Entered: 07/20/2006) |
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|
08/02/2006 |
MOTION
to Compel Production of Tax Documents by all plaintiffs. (Attachments:
# 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Crow,
John) (Entered: 08/02/2006) |
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|
08/03/2006 |
MOTION
for Extension of Time to File Response/Reply as to 241 MOTION to
Compel Production of Tax Documents by Metropolitan Life Insurance Co.,
Metlife, Inc.. (Spillane, Daniel) (Entered: 08/03/2006) |
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|
08/04/2006 |
|
ORDER
granting 242
Motion for Extension of Time to File Response/Reply. Defendant's time to
respond to Plaintiffs' Motion to Compel Discovery dated August 2, 2006 is
extended to August 11, 2006. Ordered by A. Kathleen Tomlinson on 08/04/06.
(Jacobwitz, Beth) (Entered: 08/04/2006) |
|
08/07/2006 |
MEMORANDUM
AND ORDER DENYING Federal Plfs' Motion to Enjoin a State Action for reasons
outlined in this Order. Ordered by Judge Thomas C. Platt on 8/7/06. (Barhome,
Sydelle) (Entered: 08/11/2006) |
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|
08/08/2006 |
Letter
MOTION for Extension of Time to File / Letter motion for extension of time
to 8/15/06 for parties to file joint list of documents covered by motions to
compel as to which parties have been unable to reach agreement / by all
defendants. (Micarelli, Carl) (Entered: 08/08/2006) |
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|
08/09/2006 |
|
ORDER
granting 243
Motion for Extension of Time to File a detailed list of documents covered by
the motions to compel. The parties have until August 15, 2006 to file the
list. Ordered by JudgeA. Kathleen Tomlinson on 08/09/06. (Jacobwitz, Beth)
(Entered: 08/09/2006) |
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08/11/2006 |
RESPONSE
in Opposition re 241
MOTION to Compel Production of Tax Documents filed by all defendants.
(Micarelli, Carl) (Entered: 08/11/2006) |
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|
08/15/2006 |
Letter
to Magistrate Judge Tomlinson regarding agenda for August 17, 2006
telephone conference, by Metropolitan Life Insurance Co., Metlife, Inc..
(Micarelli, Carl) (Entered: 08/15/2006) |
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|
08/15/2006 |
RESPONSE
to Motion re 222
Notice of MOTION to Compel production of documents, 234 Letter MOTION
for Discovery Motion to Compel . PARTIES' JOINT REPORT REGARDING DOCUMENTS COVERED BY
MOTIONS TO COMPEL filed by all parties. (Attachments: # 1 Appendix
Defendants' Log of Documents as to Which Attorney-Client Privilege or Work
Product Is Disputed)(Micarelli, Carl) (Entered: 08/15/2006) |
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|
08/16/2006 |
RESPONSE
to Motion re 222
Notice of MOTION to Compel production of documents, 234 Letter MOTION
for Discovery Motion to Compel . Letter from Carl Micarelli to Judge Tomlinson
regarding Addendum to Defendants' Log of Documents as to Which
Attorney-Client Privilege or Work Product Is Disputed filed by all
defendants. (Attachments: # 1 Appendix Addendum
to Defendants' Log of Documents as to Which Attorney-Client Privilege or Work
Product Is Disputed)(Micarelli, Carl) (Entered: 08/16/2006) |
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|
08/18/2006 |
Minute
Entry and Order for proceedings held before A. Kathleen Tomlinson
: Status Conference held on 8/17/2006. In light of the oral argument
on Plaintiffs' motions to compel discovery scheduled for September 21, 2006,
the monthly telephonic status conference scheduled for September 18, 2006 is
adjourned. During today's conference, Defendant requested an extension of
time to file its affidavit in support of its claims of privilege and
accompanying memorandum of law until August 22, 2006. For the reasons stated
during the conference, that request is GRANTED. Plaintiffs' supplemental
response shall be filed no later than August 30, 2006 and Defendant's reply
shall be filed no later than September 7, 2006. SEE ATTACHED ORDER. Ordered
by Magistrate Judge A. Kathleen Tomlinson. (Jacobwitz, Beth) (Entered:
08/18/2006) |
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|
08/22/2006 |
MEMORANDUM
in Opposition re 229
Reply to Response to Motion, 224 Affidavit,, 225 Memorandum in
Support, 223
Affidavit,, 247
Response to Motion,, 227
Memorandum in Opposition,, 222 Notice of
MOTION to Compel production of documents, 235 Response in
Opposition to Motion,, 226 Memorandum in
Opposition,, 228
Reply to Response to Motion,, 234 Letter MOTION
for Discovery Motion to Compel DEFENDANTS' SUPPLEMENTAL MEMORANDUM
OF LAW IN OPPOSITION TO PLAINTIFFS' MOTIONS TO COMPEL by all defendants.
(Attachments: # 1
Declaration of Ira Friedman (Senior VP and Chief Privacy Officer of
Metropolitan Life Insurance Company) in Opposition to Plaintiffs' Motions to
Compel# 2
Declaration of Joseph A. Reali (Senior VP and Tax Director of Metropolitan
Life Insurance Company) in Opposition to Plaintiffs' Motions to Compel# 3 Defendants'
CORRECTED Log of Documents as to Which Attorney-Client Privilege or Work
Product is Disputed)(Micarelli, Carl) (Entered: 08/22/2006) |
|
|
08/22/2006 |
AFFIDAVIT
in Opposition re 229
Reply to Response to Motion, 224 Affidavit,, 225 Memorandum in
Support, 223
Affidavit,, 227
Memorandum in Opposition,, 222 Notice of
MOTION to Compel production of documents, 235 Response in
Opposition to Motion,, 250 Memorandum in
Opposition,,,,, 226
Memorandum in Opposition,, 228 Reply to
Response to Motion,, 234
Letter MOTION for Discovery Motion to Compel SUPPLEMENTAL
DECLARATION of Eric D. Meyer in Opposition to Plaintiffs' Motions to Compel
by all defendants. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Meyer,
Eric) (Entered: 08/22/2006) |
|
|
08/24/2006 |
Letter
submitted on behalf of all defendants to the Clerk of the Court and
counsel explaining the necessity of e-filing the corrected Exhibit E herein /
by Metlife, Inc.. (Attachments: # 1 {Corrected}
Exhibit E to the Supplemental Declaration of Eric D. Meyer in Opposition to
Plaintiffs' Motions to Compel filed on 8/22/06 (see document # 251))(Meyer,
Eric) (Entered: 08/24/2006) |
|
|
08/25/2006 |
Letter
MOTION for Extension of Time to File Response/Reply to defendants'
supplemental papers on motions to compel by all plaintiffs. (Crow, John)
(Entered: 08/25/2006) |
|
|
08/28/2006 |
|
ORDER
granting 253
Motion for Extension of Time to File Response/Reply. Plaintiffs' responses
due by 9/8/2006. Defendant's reply due by 9/18/2006. Ordered by JudgeA.
Kathleen Tomlinson on 08/28/06. (Jacobwitz, Beth) (Entered: 08/28/2006) |
|
08/28/2006 |
MEMORANDUM
AND ORDER denying Federa Plfs' Motion to Enjoin a State Action for reasons
outlined in this Memo & Order.. Ordered by Judge
Thomas C. Platt on 8/28/06. (Barhome, Sydelle) (Entered: 08/30/2006) |
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|
08/29/2006 |
MEMORANDUM
& ORDER denying 212
Motion for a Determination Regarding the Membership of the Certified Class.
Notice shall be distributed to all Class members in accordance with this
Opinion.. Ordered by JudgeThomas C. Platt on
8/29/06. (Barhome, Sydelle) (Entered: 08/30/2006) |
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|
09/08/2006 |
RESPONSE
in Support re 222
Notice of MOTION to Compel production of documents, 241 MOTION to
Compel Production of Tax Documents, 234 Letter MOTION
for Discovery Motion to Compel filed by all plaintiffs. (Attachments:
# 1 Supplement
Plaintiffs' Marked Log of Disputed Documents# 2 Supplement Notes
to Plaintiffs' Log Entries)(Crow, John) (Entered: 09/08/2006) |
|
|
09/08/2006 |
AFFIDAVIT
in Support re 222
Notice of MOTION to Compel production of documents, 241 MOTION to
Compel Production of Tax Documents, 234 Letter MOTION
for Discovery Motion to Compel re Response to Defendants'
Supplemental Opposition filed by all plaintiffs. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Errata J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O# 16 Exhibit P# 17 Exhibit Q# 18 Exhibit R)(Crow,
John) (Entered: 09/08/2006) |
|
|
09/12/2006 |
RESPONSE
in Support re 222
Notice of MOTION to Compel production of documents, 241 MOTION to
Compel Production of Tax Documents, 234 Letter MOTION
for Discovery Motion to Compel Corrected Memo for Response in
Support of Motions filed by all plaintiffs. (Crow, John) (Entered:
09/12/2006) |
|
|
09/18/2006 |
REPLY
to Response to Motion re 222 Notice of
MOTION to Compel production of documents, 241 MOTION to
Compel Production of Tax Documents, 234 Letter MOTION
for Discovery Motion to Compel / Defendants' Reply to Plaintiffs'
Response to Defendants' Supplemental Memorandum of Law in Opposition to
Plaintiffs' Motion to Compel filed by all defendants. (Micarelli, Carl)
(Entered: 09/18/2006) |
|
|
09/18/2006 |
AFFIDAVIT
in Opposition re 222
Notice of MOTION to Compel production of documents, 241 MOTION to
Compel Production of Tax Documents, 234 Letter MOTION
for Discovery Motion to Compel / Declaration of Carl Micarelli in
Reply to Plaintiffs' Response to Defendants' Supplemental Memorandum of Law
in Opposition to Plaintiffs' Motions to Compel filed by all defendants.
(Attachments: # 1
Exhibit A# 2
Exhibit B# 3
Exhibit C)(Micarelli, Carl) (Entered: 09/18/2006) |
|
|
09/29/2006 |
Minute
Entry and Order for proceedings held before A. Kathleen Tomlinson
: Discovery Hearing held on 9/21/2006. The monthly telephone status
conference scheduled for October 19, 2006 is adjourned to October 23, 2006 at
10:30 a.m. Today I heard oral argument of Plaintiff's three pending motions
to compel discovery. I reserved decision and will issue a written memorandum
and order. During the course of today's hearing, Plaintiffs' counsel handed
up a newly discovered decision. Defendant shall be afforded an opportunity to
provide the Court with a letter, no longer than 2 pages, addressing the
argument made by Plaintiffs' counsel at today's conference regarding this
case. Such letter shall be filed no later than September 26, 2006. SEE
ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson.
(Jacobwitz, Beth) (Entered: 09/29/2006) |
|
|
09/29/2006 |
USCA
Acknowledgment: original record and index received. USCA# 06-4273-mv.(Duong, Susan). (Entered: 10/24/2006) |
|
|
10/20/2006 |
STATUS
REPORT on behalf of both parties for telephone conference 10/23/06 by
Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin
L. Hyms, Harry S. Purnell, III, Kathy Vanderveur. (Crow, John) (Entered:
10/20/2006) |
|
|
10/23/2006 |
Minute
Entry for proceedings held before A. Kathleen Tomlinson :
Status Conference held on 10/23/2006. The parties reported that discovery has
been progressing and that there are two areas in which discovery may proceed
pending my ruling on Plaintiffs' motions to compel. I will schedule a
telephone status conference at the time I issue a ruling on Plaintiffs'
pending motions to compel to discuss the entry of an Amended Case Management
and Scheduling Order.Approved by Magistrate Judge A. Kathleen Tomlinson.
(Jacobwitz, Beth) (Entered: 10/23/2006) |
|
|
11/15/2006 |
MANDATE
on motion directly before US Court of Appeals denying motion for an
interlocutory appeal. No appeal to district to which this can be linked. Copy
sent to chambers. (Romano, Daniel) (Entered: 11/17/2006) |
|
|
12/21/2006 |
Letter
MOTION for Hearing to apply new class certification evidentary standard
by all plaintiffs. (Crow, John) (Entered: 12/21/2006) |
|
|
12/21/2006 |
|
Motions
terminated: 266
Letter MOTION for Hearing to apply new class certification evidentary
standard filed by Darren F. Murray. (1/22/07 conference held in response
to the letter). Ordered by Judge Thomas C. Platt on 12/21/2006. (McMorrow,
Karen) (Entered: 06/13/2007) |
|
12/29/2006 |
RESPONSE
to Motion re 266
Letter MOTION for Hearing to apply new class certification evidentary
standard / Letter from Carl Micarelli to Judge Thomas C. Platt in
Response to Plaintiffs' 12/21/06 Letter Motion filed by all defendants.
(Micarelli, Carl) (Entered: 12/29/2006) |
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|
01/22/2007 |
|
Minute
Entry for proceedings held before Thomas C. Platt :
Status Conference held on 1/22/2007 at 10:00 a.m.. Case called. Jared
Stamell, Robert Skirnick, Eric Newman and Chris Lovell for plaintiffs; Bruce
Yanett and Carl Micarelli for defendant. Conference held regarding
plaintiff's December 21, 2006 letter to the Court re: MetLife's motion to
vacate based on the "IPO" case. Discussion held. The Court is
allowing the parties to submit affidavits and declarations on the issue.
Plaintiffs are allowed three weeks, Defendant will reply three weeks after.
Dicovery is still needed after Mag. Judge Tomlinson's decision. (Court
Reporter Ellen combs.) (OHara, Karen) (Entered: 01/23/2007) |
|
02/02/2007 |
|
Appeal
Record Returned: USCA 06-4273mv (Romano, Daniel) (Entered: 02/14/2007) |
|
03/30/2007 |
ORDER
denying 222
Motion to Compel; denying 234 Motion for
Discovery; granting in part and denying in part 241 Motion to
Compel. SEE ATTACHED MEMORANDUM AND ORDER. Ordered by Judge A. Kathleen
Tomlinson on 3/30/07. (Jacobwitz, Beth) (Entered: 03/30/2007) |
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|
04/02/2007 |
|
SCHEDULING
ORDER: Telephone Conference set for 5/4/2007 02:00 PM before Magistrate-Judge
A. Kathleen Tomlinson. Counsel for Plaintiffs shall initiate the call.
Ordered by Judge A. Kathleen Tomlinson on 4/02/07. (Jacobwitz, Beth)
(Entered: 04/02/2007) |
|
04/10/2007 |
MOTION
to Vacate 181
Order on Motion to Certify Class Defendants' Notice of Motion to Vacate
Class Certification by all defendants. (Attachments: # 1 Defendants'
Memorandum of Law in Support of their Motion to Vacate Class Certification# 2 Appendix A to
Defendants' Supporting Memorandum of Law# 3 Appendix B to
Defendants' Supporting Memorandum of Law# 4 Appendix C to
Defendants' Supporting Memorandum of Law# 5 Appendix D to
Defendants' Supporting Memorandum of Law# 6 Certificate of
Service) (Micarelli, Carl) (Entered: 04/10/2007) |
|
|
04/10/2007 |
RESPONSE
in Opposition re 269
MOTION to Vacate 181
Order on Motion to Certify Class Defendants' Notice of Motion to Vacate
Class Certification MOTION to Vacate 181 Order on Motion
to Certify Class Defendants' Notice of Motion to Vacate Class
Certification MOTION to Vacate 181 Order on Motion
to Certify Class Defendants' Notice of Motion to Vacate Class
Certification PLAINTIFFS' MEMORANDUM IN RESPONSE TO METLIFE'S MOTON TO
DECERTIFY THE CLASS with supporting AFFIRMATION OF JARED B. STAMELL filed
by all plaintiffs. (Attachments: # 1 Affirmation of
Jared B. Stemell (Stamell & Schager, LLP) in Opposition to Metlife's
Motion to Decertify the Class# 2 Exhibit 1 to
Affirmation in Opposition of Jared B. Stemell# 3 Exhibit 2 to
Affirmation in Opposition of Jared B. Stemell# 4 Exhibit 3 to
Affirmation in Opposition of Jared B. Stemell# 5 Exhibit 4 to
Affirmation in Opposition of Jared B. Stemell# 6 Exhibit 5 to
Affirmation in Opposition of Jared B. Stemell# 7 Exhibit 6 to
Affirmation in Opposition of Jared B. Stemell# 8 Exhibit 7 to
Affirmation in Opposition of Jared B. Stemell# 9 Exhibit 8a to
Affirmation in Opposition of Jared B. Stemell# 10 Exhibit 8b to
Affirmation in Opposition of Jared B. Stemell# 11 Exhibit 8c to
Affirmation in Opposition of Jared B. Stemell# 12 Exhibit 9 to
Affirmation in Opposition of Jared B. Stemell# 13 Exhibit 10a to
Affirmation in Opposition of Jared B. Stemell# 14 Exhibit 10b to
Affirmation in Opposition of Jared B. Stemell# 15 Exhibit 11 to
Affirmation in Opposition of Jared B. Stemell# 16 Exhibit 12 to
Affirmation in Opposition of Jared B. Stemell# 17 Exhibit 12-A to
Affirmation in Opposition of Jared B. Stemell# 18 Exhibit 13 to
Affirmation in Opposition of Jared B. Stemell# 19 Exhibit 14 to
Affirmation in Opposition of Jared B. Stemell# 20 Exhibit 15 to
Affirmation in Opposition of Jared B. Stemell# 21 Exhibit 16 to
Affirmation in Opposition of Jared B. Stemell# 22 Exhibit 17 to
Affirmation in Opposition of Jared B. Stemell# 23 Errata 18 to
Affirmation in Opposition of Jared B. Stemell# 24 Exhibit 19 to
Affirmation in Opposition of Jared B. Stemell# 25 Exhibit 20 to
Affirmation in Opposition of Jared B. Stemell# 26 Exhibit 21 to
Affirmation in Opposition of Jared B. Stemell# 27 Exhibit 22 to
Affirmation in Opposition of Jared B. Stemell# 28 Exhibit 23 to
Affirmation in Opposition of Jared B. Stemell# 29 Exhibit 24 to
Affirmation in Opposition of Jared B. Stemell# 30 Exhibit 25 to
Affirmation in Opposition of Jared B. Stemell# 31 Exhibit 26 to
Affirmation in Opposition of Jared B. Stemell# 32 Exhibit 27 to
Affirmation in Opposition of Jared B. Stemell# 33 Exhibit 28 to
Affirmation in Opposition of Jared B. Stemell# 34 Exhibit 29 to
Affirmation in Opposition of Jared B. Stemell# 35 Exhibit 30 to
Affirmation in Opposition of Jared B. Stemell# 36 Exhibit 31 to
Affirmation in Opposition of Jared B. Stemell# 37 Exhibit 32a to
Affirmation in Opposition of Jared B. Stemell# 38 Exhibit 32b to
Affirmation in Opposition of Jared B. Stemell# 39 Exhibit 33a to
Affirmation in Opposition of Jared B. Stemell# 40 Exhibit 33b to
Affirmation in Opposition of Jared B. Stemell# 41 Exhibit 34 to
Affirmation in Opposition of Jared B. Stemell# 42 Exhibit 35 to
Affirmation in Opposition of Jared B. Stemell# 43 Exhibit 36 to
Affirmation in Opposition of Jared B. Stemell# 44 Errata 37 to
Affirmation in Opposition of Jared B. Stemell# 45 Exhibit 38 to
Affirmation in Opposition of Jared B. Stemell# 46 Exhibit 39 to
Affirmation in Opposition of Jared B. Stemell# 47 Exhibit 40 to
Affirmation in Opposition of Jared B. Stemell# 48 Exhibit 41 to
Affirmation in Opposition of Jared B. Stemell# 49 Exhibit 42 to
Affirmation in Opposition of Jared B. Stemell# 50 Exhibit 43 to
Affirmation in Opposition of Jared B. Stemell) (Micarelli, Carl) (Entered:
04/10/2007) |
|
|
04/10/2007 |
REPLY
to Response to Motion re 269 MOTION to
Vacate 181 Order
on Motion to Certify Class Defendants' Notice of Motion to Vacate Class
Certification MOTION to Vacate 181 Order on Motion
to Certify Class Defendants' Notice of Motion to Vacate Class
Certification MOTION to Vacate 181 Order on Motion
to Certify Class Defendants' Notice of Motion to Vacate Class
Certification DEFENDANTS' REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT
OF THEIR MOTION TO VACATE CLASS CERTIFICATION with supporting DECLARATION OF
JEFFREY ALBERTS and Certificate of Service. (This filing pertains to document
#s 181, 269 and 270) filed by all defendants. (Attachments: # 1 DECLARATION of
Jeffrey Alberts in Further Support of Defendants' Motion to Vacate Class
Certification# 2
Exhibit A to Declaration of Jeffrey Alberts# 3 Exhibit B to
Declaration of Jeffrey Alberts# 4 Exhibit C to
Declaration of Jeffrey Alberts# 5 Exhibit D to
Declaration of Jeffrey Alberts# 6 Exhibit E to
Declaration of Jeffrey Alberts# 7 Exhibit F to
Declaration of Jeffrey Alberts# 8 Certificate of
Service) (Micarelli, Carl) (Entered: 04/10/2007) |
|
|
04/16/2007 |
APPEAL
OF MAGISTRATE JUDGE DECISION to District Court by Michael A. Giannattasio,
Darren F. Murray, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III re 268 Order on Motion
to Compel, Order on Motion for Discovery, (Attachments: # 1 Exhibit Hearing
Transcript# 2
Exhibit Exh 2-Prospectus Excerpts# 3 Exhibit Exh 3-SEC
3/3/00 Letter# 4
Exhibit Exh 4-Stamell 10/16/06 Letter) (Crow, John) (Entered: 04/16/2007) |
|
|
04/17/2007 |
Letter
MOTION to Seal Document 273 Letter / Defendants' Unopposed Urgent Request
to Immediately Seal Document No. 273 by all defendants. (Micarelli, Carl)
(Entered: 04/17/2007) |
|
|
04/17/2007 |
|
ELECTRONIC
ORDER granting 274
Letter MOTION to Seal Document 273 Letter Defendants' Unopposed Urgent
Request to Immediately Seal Document No. 273. The motion to seal docket entry
# 273 is hereby GRANTED. The Clerk's Office is directed to immediately place
docket entry # 273 under seal. Ordered by JudgeA. Kathleen Tomlinson on
4/17/07. (Cass, Luke) (Entered: 04/17/2007) |
|
04/18/2007 |
Letter
MOTION to Adjourn Conference / Letter to Judge Platt requesting
adjournment of oral argument scheduled for April 20, 2007 re Motion to Vacate
Class Certification by all defendants. (Micarelli, Carl) (Entered:
04/18/2007) |
|
|
04/18/2007 |
RESPONSE
to Motion re 275
Letter MOTION to Adjourn Conference / Letter to Judge Platt requesting
adjournment of oral argument scheduled for April 20, 2007 re Motion to Vacate
Class Certification re argument date filed by all plaintiffs.
(Crow, John) (Entered: 04/18/2007) |
|
|
04/19/2007 |
|
ELECTRONIC
ORDER granting 275
Motion to Adjourn Conference. Oral argument is rescheduled for Friday, May 4,
2007 at 11:30 a.m.. Ordered by JudgeThomas C. Platt
on 4/19/2007. (McMorrow, Karen) (Entered: 04/19/2007) |
|
04/19/2007 |
Letter
to Magistrate Judge Tomlinson re sealed document by Michael A.
Giannattasio, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III (Crow,
John) (Entered: 04/19/2007) |
|
|
04/30/2007 |
Letter
to Judge Tomlinson accompanying defendants' submission of documents for in
camera inspection (Related document nos. 268 and 273) by Metropolitan
Life Insurance Co., Metlife, Inc. (Micarelli, Carl) (Entered: 04/30/2007) |
|
|
05/02/2007 |
Letter
MOTION to Adjourn Conference / Letter to Judge Tomlinson requesting
adjournment of the telephone conference currently scheduled for May 4, 2007
at 2:00 p.m. by all defendants. (Alberts, Jeffrey) (Entered: 05/02/2007) |
|
|
05/03/2007 |
Letter
to Magistrate Judge Tomlinson from Plaintiffs re Plaintiffs motion filed
under seal by Michael A. Giannattasio, Mary A. Devito, Kevin L. Hyms,
Harry S. Purnell, III (Crow, John) (Entered: 05/03/2007) |
|
|
05/03/2007 |
|
ORDER
granting 279
Motion to Adjourn Conference. At the request of the parties, the telephone
conference scheduled for May 4, 2007 is adjourned to May 18, 2007 at 3:00
p.m. Ordered by Judge A. Kathleen Tomlinson on 5/3/07. (Jacobwitz, Beth)
(Entered: 05/03/2007) |
|
05/03/2007 |
MEMORANDUM
in Opposition re 272
Appeal of Magistrate Judge Decision to District Court, / Defendants'
Opposition to Plaintiffs' Objections to Magistrate Judge's Order by all
defendants. (Micarelli, Carl) (Entered: 05/03/2007) |
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|
05/04/2007 |
|
Minute
Entry for proceedings held before Thomas C. Platt :
Motion Hearing held on 5/4/2007 re 269 MOTION to
Vacate 181 Order on Motion to Certify Class Defendants' Notice of Motion
to Vacate Class Certification filed by Metropolitan Life Insurance Co.,
Metlife, Inc. Counsel for all sides present. Oral argument on the motion not
necessary. The Court will prepare an order on the motion. Plaintiff requests
a trial date. The Court is reluctant to set a trial date at this time. (Court
Reporter Dom Tursi.) (McMorrow, Karen) (Entered: 05/09/2007) |
|
05/09/2007 |
MEMORANDUM
in Opposition re 280
Letter / Letter Brief to Magistrate Judge Tomlinson from Defendants
Opposing Plaintiffs' Motion Filed Under Seal by all defendants.
(Micarelli, Carl) (Entered: 05/09/2007) |
|
|
05/09/2007 |
ORDER
denying 269
Motion to Vacate this court's July 19, 2005 Order certifying a class in this
action. (See order for details). Ordered by JudgeThomas C. Platt on 5/9/2007.
(McMorrow, Karen) (Entered: 05/11/2007) |
|
|
05/14/2007 |
APPEAL
OF MAGISTRATE JUDGE DECISION to District Court by Michael A. Giannattasio,
Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III re 268 Order on Motion
to Compel, Order on Motion for Discovery, (Attachments: # 1 Exhibit Exhibit
A# 2 Exhibit
Exhibit B) (Crow, John) (Entered: 05/14/2007) |
|
|
05/16/2007 |
STATUS
REPORT CORRECTED Status Report to Magistrate Judge Tomlinson by all
parties for May 18 status conference by Michael A. Giannattasio, Mary A.
Devito, Kevin L. Hyms, Harry S. Purnell, III (Crow, John) (Entered: 05/16/2007) |
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|
05/18/2007 |
|
SCHEDULING
ORDER: The telephone conference scheduled for May 18, 2007 is adjourned to
May 21, 2007 at 3:00 p.m. Please note the time change. Counsel for Plaintiffs
shall initiate the call. Ordered by Judge A. Kathleen Tomlinson on 5/18/07.
(Jacobwitz, Beth) (Entered: 05/18/2007) |
|
05/21/2007 |
Minute
Entry for proceedings held before A. Kathleen Tomlinson :
Telephone Status Conference held on 5/21/2007. SCHEDULING: A telephone
conference will be held on June 28, 2007 at 11:30 a.m. Plaintiffs' counsel is
to initiate the call. THE FOLLOWING RULINGS WERE MADE: 1. I reviewed the
issues raised in the May 16, 2007 status report filed by Plaintiffs' counsel.
Based upon the contents of that update, as well as my discussions with the
parties today, I am amending the Case Management and Scheduling Order. That
amended order will be entered separately. I advised the parties that I am not
staying discovery pending the outcome of Plaintiffs' appeal of my March 30,
2007 Order [DE 268] to Judge Platt. 2. Because the report of the internal
investigation voluntarily undertaken by MetLife does not contain affidavits
from the people MetLife interviewed, Plaintiffs have asked Judge Platt in
their reply brief on the appeal of my March 30 Order to order Met Life to
produce the affidavits requested. I am now advised, however, that Plaintiffs'
counsel wishes to take depositions of potential witnesses Scovill and
Tantillo. Defendants' counsel agrees to provide the address of Tantillo and
to obtain available deposition dates from Scovill and potentially Tantillo. I
have directed the parties to work this matter out in good faith; if they
cannot do so, either party may seek appropriate relief. If the parties
resolve this issue, they are to promptly notify Judge Platt so that he is not
required to rule on that portion of the pending appeal. 3. I have advised the
parties that with respect to the 132 documents on MetLife's privilege log
which were inadvertently produced unredacted, I am reviewing those documents
now and expect to rule on them in the short term. I provided my rulings with
respect to each the 25 other documents previously selected and provided to me
for an in camera inspection with regard to the privilege issues raised by
Plaintiffs. Those rulings are incorporated in an Order which will be entered
separately. 4. To review the progress of the final stage of discovery, I have
set a status conference for June 28 at noted above. SEE ATTACHED ORDER FOR
ADDITIONAL RULINGS AND INFORMATION. Ordered by Judge A. Kathleen Tomlinson on
5/21/07. (Tomlinson, A.) (Entered: 05/21/2007) |
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|
05/21/2007 |
SIXTH
AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: DEADLINES AND COURT
APPEARANCES: All fact discovery to be completed by June 18, 2007; Telephone
Status Conference is set for June 28, 2007 at 11:30 a.m.; Deadline for
Exchange of Initial Expert Reports is July 31, 2007; Deadline for Rebuttal
Expert Reports, if any, is August 21, 2007; Deadline for Expert Depositions
is September 21, 2007; Service of moving partys summary judgment motion
papers by September 7, 2007; Opposition papers served by October 8, 2007;
Reply papers, if any, served and Judge Platt's Chambers contacted to schedule
oral argument by October 22, 2007; Joint pretrial order due by November 1,
2007; Pretrial Conference is set for November 19, 2007 at 11 a.m. The parties
are reminded that noT less than two business days before the pretrial conference,
each party must submit by mail or fax (not by ECF) a one-page, ex parte
statement of its settlement position. SEE ATTACHED ORDER. Ordered by Judge A.
Kathleen Tomlinson on 5/21/07. (Tomlinson, A.) (Entered: 05/21/2007) |
|
|
05/22/2007 |
ORDER
re 278 Letter
filed by Metlife, Inc. enclosing documents designated by Plaintiffs for in
camera review. SEE ATTACHED ORDER. Ordered by Judge A. Kathleen Tomlinson on
5/22/07. (Jacobwitz, Beth) (Entered: 05/22/2007) |
|
|
05/22/2007 |
Letter
to Judge Platt on behalf of all plaintiffs withdrawing request for order
regarding written report by Michael A. Giannattasio, Mary A. Devito,
Kevin L. Hyms, Harry S. Purnell, III (Crow, John) (Entered: 05/22/2007) |
|
|
05/30/2007 |
|
ORDER.
Having reviewed the unredacted version of document MLSEC257091-MLSEC257092,
which was provided to me for in camera review, I find that the document was
properly redacted. Ordered by Judge A. Kathleen Tomlinson on 5/30/07.
(Jacobwitz, Beth) (Entered: 05/30/2007) |
|
06/06/2007 |
MOTION
to Expedite ecf filing of defendants motion to strike and requesting joint
consideration of motion with plaintiffs' pending discovery objections by
all plaintiffs. (Crow, John) (Entered: 06/06/2007) |
|
|
06/12/2007 |
ORDER
granting 291
Motion to Expedite. Ordered by JudgeThomas C. Platt on 6/12/2007. (McMorrow,
Karen) (Entered: 06/12/2007) |
|
|
06/13/2007 |
MOTION
to Strike 285
Appeal of Magistrate Judge Decision to District Court, / Notice of Motion
to Strike Parts of Plaintiffs' Reply in Support of Plaintiffs' Objections to
the Magistrate Judge's Order by all defendants. (Attachments: # 1 Memorandum of Law
in Support of Motion to Strike# 2 Plaintiffs'
Opposition to Motion to Strike# 3 Exhibit 1 to
Plaintiffs' Opposition# 4 Reply in Support
of Motion to Strike) (Micarelli, Carl) (Entered: 06/13/2007) |
|
|
06/14/2007 |
|
NOTICE
of Hearing on Motion Motion Argument set for 7/20/2007 at 10:30 AM before
Senior-Judge Thomas C. Platt. (As per voicemail left by Carl Micarelli on
6/13/07) (McMorrow, Karen) (Entered: 06/14/2007) |
|
06/18/2007 |
MEMORANDUM
and ORDER as to 272
Appeal of Magistrate Judge Decision to District Court, filed by Harry S.
Purnell, III, Michael A. Giannattasio, Mary A. Devito, Darren F. Murray,
Kevin L. Hyms, 285
Appeal of Magistrate Judge Decision to District Court, filed by Harry S.
Purnell, III, Michael A. Giannattasio, Mary A. Devito, Kevin L. Hyms. In sum,
plaintiffs may seek from MetLife documents relevant to plaintiffs' allegation
that MetLife misstated or omitted from the public disclosures information
that its senior executives and board considered in approving the
demutualization. (See order for full decision). Ordered by Judge Thomas C.
Platt on 6/18/2007. (McMorrow, Karen) (Entered: 06/18/2007) |
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|
06/18/2007 |
|
Motions
terminated: 293
MOTION to Strike 285 Appeal of Magistrate Judge Decision to District Court, /
Notice of Motion to Strike Parts of Plaintiffs' Reply in Support of
Plaintiffs' Objections to the Magistrate Judge's Order filed by
Metropolitan Life Insurance Co., Metlife, Inc..(As per footnote 2 in this
Court's 6/18/07 order, Oral argument is cancelled). Ordered by Judge Thomas
C. Platt on 6/18/2007. (McMorrow, Karen) (Entered: 06/18/2007) |
|
06/18/2007 |
Letter
to Magistrate Judge Tomlinson by all plaintiffs re adjournment of Scoville
deposition in light of privilege decision by Michael A. Giannattasio,
Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy
Vanderveur (Crow, John) (Entered: 06/18/2007) |
|
|
06/19/2007 |
|
SCHEDULING
ORDER: In light of Judge Platt's recent decision, I am adjourning the June
28, 2007 telephone conference to July 23, 2007 at 3:00 p.m. and converting it
to an in person conference. The parties should be prepared to discuss any
remaining discovery as well as their position with respect to the possibility
of settlement. Ordered by Judge A. Kathleen Tomlinson on 6/19/07. (Jacobwitz,
Beth) (Entered: 06/19/2007) |
|
06/28/2007 |
ORDER.
In light of Judge Platt's June 18, 2007 decision with respect to the
applicability of attorney client privilege in the context of this lawsuit,
Plaintiff's May 3, 2007 motion filed under seal [DE 282] seeking an order
rejecting MetLife's claim of privilege as to 120 documents provided to the
Court for in camera review would appear to be moot at this juncture. If
either party maintains that this motion is not moot, a letter so stating is
to be filed on ECF no later than July 6, 2007. Ordered by Judge A. Kathleen
Tomlinson on 6/28/07. (Jacobwitz, Beth) (Entered: 06/28/2007) |
|
|
06/28/2007 |
Unsigned
Order to Show Cause for information for class notice by Michael A.
Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms,
Harry S. Purnell, III, Kathy Vanderveur (Attachments: # 1 Affidavit Stamell
Affirmation# 2
Exhibit Exhibit 1-MetLife 4/6/07 Letter# 3 Exhibit Exhibit 2
- Plaintiffs' 4/25/07 Letter# 4 Exhibit Exhibit 3
- Burke Declaration# 5
Exhibit Exhibit 4 - Plaintiffs 5/31/07 Letter# 6 Exhibit Exhibit 5
- MetLife 6/8/07 Letter) (Crow, John) (Entered: 06/28/2007) |
|
|
06/28/2007 |
|
Motions
terminated: 282 Letter MOTION to Produce (rejected as moot by order dated
6/28/07) (Ordered by Magistrate Judge A. Kathleen Tomlinson on 6/28/07)
(Montero, Edher) (Entered: 11/18/2008) |
|
07/02/2007 |
ORDER
TO SHOW CAUSE: Ordered that Gilardi may only use the information Metlife and
Mellon provide for the purpose of giving court-ordered notice to class
members and the information shall not be disclosed, except on a confidential
basis, to Gilardi employees and subcontractors. (see
order for further details).Show Cause Hearing set for 7/13/2007 10:00 AM
before Senior-Judge Thomas C. Platt. Ordered by Judge Thomas C. Platt on
7/2/07. (Duong, Susan) (Entered: 07/05/2007) |
|
|
07/03/2007 |
Letter
MOTION for Extension of Time to File Response/Reply / Letter to Judge
Platt requesting adjournment of order to show cause by all parties.
(Micarelli, Carl) (Entered: 07/03/2007) |
|
|
07/06/2007 |
|
ELECTRONIC
ORDER granting 298
Motion for Extension of Time to File Response/Reply Responses due by
7/12/2007,Replies and all papers to be filed due by 7/13/2007. Oral argument
set for July 20, 2007 at 11:00 a.m.. Ordered by
JudgeThomas C. Platt on 7/6/2007. (McMorrow, Karen) (Entered: 07/06/2007) |
|
07/06/2007 |
Letter
from Eric D. Meyer of Debevoise & Plimpton LLP to Magistrate Judge
Tomlinson in response to the court's order of June 28, 2007 (DE 296) re
Mootness of Plaintiffs' May 3, 2007 Motion Filed Under Seal (DE 282), with
exhibits by Metropolitan Life Insurance Co., Metlife, Inc. (Meyer, Eric)
(Entered: 07/06/2007) |
|
|
07/10/2007 |
Letter
to Magistrate Judge Tomlinson from plaintiffs in response to MetLife's
letter re Court's order of June 28 by Michael A. Giannattasio, Darren F.
Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III,
Kathy Vanderveur (Crow, John) (Entered: 07/10/2007) |
|
|
07/11/2007 |
Letter
MOTION submitted on behalf of all parties and nonparty Mellon Investor
Services LLC for an adjournment of the argument of the pending O/S/C as well
as requesting an extension of time to submit responsive and reply papers re
said O/S/C by Metropolitan Life Insurance Co., Metlife, Inc. (Alberts,
Jeffrey) (Entered: 07/11/2007) |
|
|
07/11/2007 |
|
ORDER
re Plaintiff's May 3, 2007 motion filed under seal [DE 282] seeking an order
rejecting MetLife's claim of privilege as to 120 documents provided to the
Court for in camera review. I have reviewed [DE 301] Letter filed by
Plaintiffs and [DE 300] Letter filed by Defendants regarding the effect of
Judge Platt's June 18, 2007 Order on the pending motion. I am deferring
ruling on the motion pending the resolution of Defendants' Petition for a
Writ of Mandamus. The parties are directed to contact the Court within one
week from the Second Circuit's decision with respect to the mandamus petition
setting forth their respective positions with respect to the motion. Ordered
by Judge A. Kathleen Tomlinson on 7/11/07. (Jacobwitz, Beth) (Entered:
07/11/2007) |
|
07/12/2007 |
Record
of appeal sent to Court of Appeals to the attention of Vincenza Mathias;
(pending notice of appeal not available to link to.) Original plus 3 copies
of index, designation and certified copy of docket sheet sent with original
documents. (Serret, Liliana) (Entered: 07/12/2007) |
|
|
07/12/2007 |
ORDER
joint request granted re 302 Letter, filed
by Metropolitan Life Insurance Co., Metlife, Inc. Show Cause Response due by
7/23/2007; Reply and all papers to be filed on 7/24/07; oral argument on
order to show cause set for 7/27/07 at 11:00 a.m... Ordered by Judge Thomas
C. Platt on 7/12/2007. (McMorrow, Karen) (Entered: 07/12/2007) |
|
|
07/19/2007 |
STATUS
REPORT to Magistrate Judge Tomlinson by all parties for 7/23/07 conference
by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito,
Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur (Crow, John) (Entered:
07/19/2007) |
|
|
07/19/2007 |
USCA
Acknowledgment: original record and index received. USCA# 07-2840-op. (Duong,
Susan) (Entered: 07/24/2007) |
|
|
07/23/2007 |
Minute
Entry for proceedings held before A. Kathleen Tomlinson :
Status Conference held on 7/23/2007. THE FOLLOWING RULINGS WERE MADE: 1. I
have granted the parties' request to postpone the production of expert
reports and any rebuttal reports by one week. Expert reports must now be
exchanged on August 7, 2007 and rebuttal reports must be served by August 28,
2007. 2. After some discussion with the parties concerning the need to take
any further action regarding Judge Platt's decision and production of the
privileged documents at issue or any request for a stay, I have given the
parties 30 days and directed them to speak with each other in an attempt to
resolve their issues. Counsel for both sides are
directed to contact my Chambers no later than August 24, 2007 if they have
not been able to reach an agreement on how to proceed. 3. We spent
considerable time with the parties today talking to them about the prospect
of settling this case and I have made certain recommendations concerning a
proposed meeting which the Defendants have under advisement. SEE ATTACHED
ORDER. Ordered by Judge A. Kathleen Tomlinson on 7/23/07. (Tomlinson, A.)
(Entered: 07/23/2007) |
|
|
07/24/2007 |
STIPULATION
re 299 Order to
Show Cause, Letter MOTION requesting stipulation and order be entered and
Order to Show Cause [DE #299] be discharged by Michael A. Giannattasio,
Darren F. Murray, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy
Vanderveur (Attachments: # 1 Stipulation and
Order signed by parties) (Crow, John) (Entered: 07/24/2007) |
|
|
07/26/2007 |
ORDER
Re: 308 Request
to ask that the Court sign the attached stipulation and order regarding
information for class notice and to discharge the Order to Show Cause entered
July 2, 2007 [DE #299] - Plaintiff's motion brought by Order to Show Cause
signed by the Court on July 2, 2007, is resolved by this Stipulation and
Order. Upon execution by the parties below, plaintiffs will submit this
Stipulation to the Court, requesting it to be "so ordered," and
requesting the Court's Order to Show Cause of July 2, 2007 be discharged.
(See order for further details). SO ORDERED. (Signed by Judge Thomas C. Platt
on 7/26/07). (Coleman, Laurie) (Entered: 07/26/2007) |
|
|
08/07/2007 |
|
SCHEDULING
ORDER: Telephone Conference set for 8/10/2007 11:30 AM
before Magistrate-Judge A. Kathleen Tomlinson. Counsel for Defendant shall
initiate the call. Ordered by Judge A. Kathleen Tomlinson on 8/7/07.
(Jacobwitz, Beth) (Entered: 08/07/2007) |
|
08/07/2007 |
|
SCHEDULING
ORDER: At the request of the parties, the telephone conference scheduled for
August 10, 2007 is rescheduled to August 8, 2007 at 11:00 a.m. Ordered by
Judge A. Kathleen Tomlinson on 8/7/07. (Jacobwitz, Beth) (Entered:
08/07/2007) |
|
08/08/2007 |
Minute
Entry for proceedings held before A. Kathleen Tomlinson :
Telephone Status Conference held on 8/8/2007. Following up on our discussions
at the last conference on July 23, 2007, Defendant's counsel reports back
that Defendant is willing to participate in the type of meeting previously
discussed, but wishes to do so with a company representative who reports to
the CFO. The parties are confirming the date and location of such meeting.
SEE ATTACHED ORDER. Ordered by Judge A. Kathleen Tomlinson on 8/8/07.
(Tomlinson, A.) (Entered: 08/08/2007) |
|
|
08/24/2007 |
Letter
to Judge Tomlinson from plaintiffs on behalf of all parties re privilege
ruling and motion for stay, per 7/23/07 minute order by Michael A.
Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms,
Harry S. Purnell, III, Kathy Vanderveur (Crow, John) (Entered: 08/24/2007) |
|
|
09/07/2007 |
Letter
MOTION for Extension of Time to File summary judgment briefs and pretrial
order by Metropolitan Life Insurance Co., Metlife, Inc..
(Micarelli, Carl) (Entered: 09/07/2007) |
|
|
09/11/2007 |
|
ELECTRONIC
ORDER granting 312
Motion for Extension of Time. The Court will hold in abeyance the dates for
filing dispositive motions, filing the Pretrial Order and the Pretrial
Conference set forth in the Sixth Amended Case Management and Scheduling
Order. Telephone Status Conferences shall be held on October 29, 2007 at 2:00
p.m.; November 20, 2007 at 10:00 a.m.; and December 20, 2007 at 11:30 a.m.
Counsel for Plaintiffs' shall initiate the call. During such conferences, the
parties shall be expected to update the Court on the pending mandamus
petition, progress made toward the completion of expert discovery, any steps
taken toward the completion of fact discovery and any settlement discussions.
The Pretrial Conference scheduled for November 19, 2007 is adjourned. Ordered
by Judge A. Kathleen Tomlinson on 9/11/07. (Jacobwitz, Beth) Modified on
9/11/2007 (Montero, Edher). (Entered: 09/11/2007) |
|
09/11/2007 |
Letter
by Plaintiffs to Magistrate Judge Tomlinson in response to defendants'
9-07-07 letter by Michael A. Giannattasio, Darren F. Murray, Martin Gold,
Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur (Crow,
John) (Entered: 09/11/2007) |
|
|
10/25/2007 |
314 |
TRANSCRIPT
of Status Conference held on July 23, 2007 before Judge A. Kathleen
Tomlinson. Court Reporter: Writer's Cramp, Inc. (732) 329-0191. Original
document filed in hard copy only. (Brienza, Lauren) (Entered: 10/26/2007) |
|
10/29/2007 |
Minute
Entry for proceedings held before A. Kathleen Tomlinson :
Telephone Status Conference held on 10/29/2007. THE FOLLOWING RULINGS WERE
MADE: 1. The parties advise that they are awaiting a date for oral argument
on the mandamus petition in the Second Circuit. 2. Defendants' motion for a
stay has been served and Plaintiffs have filed their opposition. The reply is
due on October 31. The parties will then be contacting Judge Platt's Chambers
to schedule oral argument. SEE ATTACHED ORDER FOR ADDITIONAL INFORMATION.
Ordered by Judge A. Kathleen Tomlinson on 10/29/07. (Tomlinson, A.) (Entered:
10/29/2007) |
|
|
11/05/2007 |
MOTION
to Stay this Court's June 18, 2007 Order Pending Resolution of Defendants'
Petition for Mandamus by Metropolitan Life Insurance Co., Metlife, Inc..
(Attachments: # 1
Memorandum of Law in Support of Motion to Stay# 2 Declaration of
Carl Micarelli in Support of Motion to Stay# 3 Exhibit 1 to
Micarelli Declaration# 4 Exhibit 2 to
Micarelli Declaration# 5 Exhibit 3 to
Micarelli Declaration# 6 Exhibit 4 to
Micarelli Declaration# 7 Exhibit 5 to
Micarelli Declaration# 8 Exhibit 6 to
Micarelli Declaration# 9 Exhibit 7 to
Micarelli Declaration# 10 Certificate of
Service re Stay Motion# 11 Plaintiffs'
Opposition to Stay Motion# 12 Reply in Further
Support of Stay Motion# 13 Certificate of
Service re Stay Motion Reply) (Micarelli, Carl) (Entered: 11/05/2007) |
|
|
11/09/2007 |
NOTICE
by Metropolitan Life Insurance Co. re 316 MOTION to Stay this
Court's June 18, 2007 Order Pending Resolution of Defendants' Petition for
Mandamus NOTICE OF SUPPLEMENTAL FILING (re the inadvertent omission of
Plaintiffs' Exhibit 1 to its Oppostion to Defendants' Motion to Stay).
(Attachments: # 1
Exhibit 1 to Plaintiffs' Opposition to Defendants' Motion to Stay filed on
11/5/07) (Micarelli, Carl) (Entered: 11/09/2007) |
|
|
11/16/2007 |
STATUS
REPORT to Magistrate Judge Tomlinson by all parties for 11/20/07
conference by Michael A. Giannattasio, Darren F. Murray, Martin Gold,
Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur (Attachments:
# 1 Exhibit
Exhibit 1 - Defendants 8/16/07 Proposed Schedule and Email, # 2 Exhibit Exhibit 2
- Defendants 11-15-07 proposed schedule, # 3 Exhibit Exhibit 3
- 9/7/07 Letter Motion) (Crow, John) (Entered: 11/16/2007) |
|
|
11/20/2007 |
Minute
Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Status Conference held on 11/20/2007. My discussion with
the parties is summarized in the attached Order. Ordered by Judge A. Kathleen
Tomlinson on 11/20/07. (Tomlinson, A.) (Entered: 11/20/2007) |
|
|
11/20/2007 |
ORDER
re 318
Dispositive Motion Practice is held in abeyance; expert discovery to be
concluded by December 31, 2007. SEE ATTACHED ORDER. Ordered by Magistrate
Judge A. Kathleen Tomlinson on 11/20/07. (Tomlinson, A.) (Entered:
11/20/2007) |
|
|
11/26/2007 |
MEMORANDUM
AND ORDER denying 316
Motion to Stay - The Defendant's motion for stays pending appeal should be
DENIED and for reversal of this Court's order sustaining Plaintiff's
objection to the magistrate order should also be DENIED. Ordered by Judge
Sandra J. Feuerstein on 11/26/07. (Brienza, Lauren) (Entered: 12/03/2007) |
|
|
11/26/2007 |
MEMORANDUM
AND ORDER DENYING Dft's (1) Motion for stays pending appeal and (2) for
reversal of this Court's order sustaining Plf's objection to the magistrate
order.. Ordered by Senior Judge Thomas C. Platt on 11/26/07.
(Barhome, Sydelle) (Entered: 12/05/2007) |
|
|
11/30/2007 |
Letter
MOTION for Extension of Time to File Objections to November 20 Scheduling
Order by Michael A. Giannattasio, Darren F. Murray, Mary A. Devito, Kevin
L. Hyms, Harry S. Purnell, III, Kathy Vanderveur. (Crow, John) (Entered:
11/30/2007) |
|
|
12/12/2007 |
APPEAL
OF MAGISTRATE JUDGE DECISION to District Court by Michael A. Giannattasio,
Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S.
Purnell, III, Kathy Vanderveur re 320 Order
(Attachments: # 1
Exhibit Plaintiffs' 12/07/07 letter re discovery, # 2 Exhibit 2 - Debevoise
12/11/07 letter re production of documents, # 3 Exhibit 3 -
Plaintiffs' 10/15/07 email to MetLife re extension of stay reply) (Crow,
John) (Entered: 12/12/2007) |
|
|
12/13/2007 |
USCA
MANDATE: It is hereby ORDERED that the mandamus petition is DENIED because
Petitioner has not demonstrated that exceptional circumstances warrant the
requested relief. Copy of mandate sent to Chambers. USCA# 07-2840-op. (Duong,
Susan) (Entered: 12/13/2007) |
|
|
12/14/2007 |
Unsigned
Order to Show Cause by all Plaintiffs for Ordert to Show Cause for
Information on Defendants' Closed Block Transaction by Michael A.
Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms,
Harry S. Purnell, III, Kathy Vanderveur (Attachments: # 1 Memorandum in
Support of Order to Show Cause, # 2 Affidavit Stamell
Affirmation in Support of Order to Show Cause, # 3 Exhibit 1 -
MetLife 12/05/07 8-K filing, # 4 Exhibit 2 -
MetLife 12/03/07 Investor Day slides, # 5 Errata 3 -
Associated Press 12/05/07 article re closed block securitization, # 6 Exhibit 4 -
MetLife 11/19/07 Press Release re investor day conference, # 7 Exhibit 5 -
Plaintiffs' 12/07/07 letter to MetLife re closed block transaction, # 8 Exhibit 6 -
Debevoise 12/10/07 letter to plaintiffs re offering circular, # 9 Exhibit 7 -
Plaintiffs' 12/10/07 letter to MetLife re investor day slides, # 10 Exhibit 8 -
MetLife 12/12/07 8-K re closing of trust interest offering) (Crow, John)
(Entered: 12/14/2007) |
|
|
12/14/2007 |
|
ELECTRONIC
ORDER REFERRING CASE: Due to my absence, the Order to Show Cause filed
December 14, 2007 is referred to Magistrate Judge A. Kathleen Tomlinson.. Approved via telephone by Senior Judge Thomas C. Platt
on 12/14/2007. (McMorrow, Karen) (Entered: 12/20/2007) |
|
12/20/2007 |
ORDER
TO SHOW CAUSE Show Cause Response due by 12/28/2007. Show Cause Hearing set
for 1/3/2008 at 3:30 PM before Mag/Judge A. Kathleen Tomlinson. (Ordered by
Magistrate Judge A. Kathleen Tomlinson on 12/20/07) (Montero, Edher)
(Entered: 12/20/2007) |
|
|
12/20/2007 |
Minute
Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Telephone Status Conference re: OTSC held on 12/20/2007.
SCHEDULING: Oral argument on Plaintiffs' Order to Show Cause will be held on
January 3, 2008 at 3:30 p.m. in Courtroom 910. THE FOLLOWING RULINGS WERE
MADE: This matter has been referred to me by District Judge Platt. After
discussion with the parties, I have scheduled the return date of the Order to
Show Cause for January 3, 2008. Defendants' opposition papers must be filed
on ECF no later than 10 a.m. on December 28, 2007. SEE ATTACHED ORDER FOR
ADDITIONAL INFORMATION. Ordered by Judge A. Kathleen Tomlinson on 12/20/07.
(Tomlinson, A.) (Entered: 12/20/2007) |
|
|
12/21/2007 |
Letter
to Judge Platt from all plaintiffs withdrawing from their objections (Dkt.
324) the request for an order regarding production of documents by
Michael A. Giannattasio, Darren F. Murray, Martin Gold, Kevin L. Hyms, Harry
S. Purnell, III, Kathy Vanderveur (Crow, John) (Entered: 12/21/2007) |
|
|
12/28/2007 |
MEMORANDUM
in Opposition re 327
Order to Show Cause, 326
Unsigned Order to Show Cause,,,, / Defendants' Memorandum of Law In
Opposition to Plaintiffs' Motion by Order To Show Cause to Compel Production
of Documents and Other Information by Metropolitan Life Insurance Co.,
Metlife, Inc.. (Micarelli, Carl) (Entered: 12/28/2007) |
|
|
12/28/2007 |
Letter
MOTION for Extension of Time to File On Consent A Response To Plaintiffs'
Objections (Doc. 324) To Magistrate Judge Tomlinson's Order Concerning
Scheduling by Metropolitan Life Insurance Co., Metlife, Inc.. (Micarelli, Carl) (Entered: 12/28/2007) |
|
|
01/03/2008 |
Letter
to Judge Tomlinson from plaintiffs confirming adjournment of hearing on
order to show cause by Michael A. Giannattasio, Darren F. Murray, Martin
Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur
(Crow, John) (Entered: 01/03/2008) |
|
|
01/07/2008 |
ORDER
TO SHOW CAUSE [DE 237]. Return date adjourned at request of the parties. Counsel are directed to apprise the Court by February 15,
2008 of the status of the relief requested. SEE ATTACHED ORDER FOR ADDITIONAL
INFORMATION. Ordered by Magistrate Judge A. Kathleen Tomlinson on 1/3/08.
(Tomlinson, A.) (Entered: 01/07/2008) |
|
|
01/07/2008 |
MOTION
for Extension of Time to File and Adjourn Without Date Objections Pending
Before Judge Platt (Dkt. #324), with Consent of All Parties by Michael A.
Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms,
Harry S. Purnell, III, Kathy Vanderveur. (Crow, John) (Entered: 01/07/2008) |
|
|
01/07/2008 |
Letter
MOTION to Amend/Correct /Letter Motion to Magistrate Judge Tomlinson for
Approval of Parties' Agreed Schedule for Remaining Deadlines by Metropolitan
Life Insurance Co., Metlife, Inc.. (Micarelli, Carl) (Entered: 01/07/2008) |
|
|
01/08/2008 |
ENDORSED
ORDER granting 335
Motion to Amend/Correct (eod #335) Amended Schedule approved. Motion granted.
So Ordered (Ordered by Magistrate Judge A. Kathleen Tomlinson on 1/8/08).
(Montero, Edher) Modified on 1/8/2008 (Montero, Edher). (Entered: 01/08/2008) |
|
|
01/09/2008 |
ORDER
granting 334
Motion for Extension of Time to File. Request granted. Ordered by Senior
Judge Thomas C. Platt on 1/9/08. (Brienza, Lauren) (Entered: 01/17/2008) |
|
|
01/10/2008 |
Letter
from plaintiffs to Judge Platt withdrawing plaintiffs' pending objections
(Docket 324) to Magistrate's scheduling order by Michael A. Giannattasio,
Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S.
Purnell, III, Kathy Vanderveur (Crow, John) (Entered: 01/10/2008) |
|
|
02/14/2008 |
MOTION
for Discovery Plaintiffs request to re-calendar motion for reinsurance
documents and for order for Defendants to produce reinsurance documents
by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito,
Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur. (Attachments: # 1 Exhibit A-Private
Placement Memo (redacted), # 2 Exhibit B-Plfs
1/10/08 Letter, # 3
Exhibit C-MetLife 1/23/08 email, # 4 Exhibit D-Wilcox
Harris Supp. Report, # 5 Exhibit E-S&P
Rating Report) (Crow, John) (Entered: 02/14/2008) |
|
|
02/20/2008 |
RESPONSE
to Motion re 339
MOTION for Discovery Plaintiffs request to re-calendar motion for
reinsurance documents and for order for Defendants to produce reinsurance
documents / Letter from Carl Micarelli to Judge Tomlinson in response
to Plaintiffs' 2/14/08 letter motion to compel production of documents
filed by Metropolitan Life Insurance Co., Metlife, Inc..
(Attachments: # 1
Exhibit 1 - Excerpt from Harris Deposition Transcript, # 2 Exhibit 2 -
Excerpt from Wilcox Deposition Transcript) (Micarelli, Carl) (Entered:
02/20/2008) |
|
|
02/25/2008 |
Letter
MOTION to Amend/Correct / Letter from Carl Micarelli to Magistrate Judge
Tomlinson to amend schedule on consent by Metropolitan Life Insurance
Co., Metlife, Inc.. (Micarelli, Carl) (Entered:
02/25/2008) |
|
|
02/27/2008 |
|
ELECTRONIC
ORDER granting 341
Motion to Amend/Correct. The case management schedule shall be extended as
proposed by the parties. The Pretrial Conference is scheduled for May 30, 2008
at 2:00 p.m. The agreement reached between the parties regarding future
extensions shall not bind the Court to allow any further extensions absent a
showing of good cause. Ordered by Magistrate Judge A. Kathleen Tomlinson on
2/27/08. (Jacobwitz, Beth) (Entered: 02/27/2008) |
|
03/28/2008 |
Letter
MOTION to Amend/Correct /Letter Motion to Magistrate Judge Tomlinson on
behalf of all parties seeking an extension on summary judgment motion
briefing schedule by Metropolitan Life Insurance Co., Metlife, Inc.. (Micarelli, Carl) (Entered: 03/28/2008) |
|
|
04/01/2008 |
NOTICE
by Paulette Beliunas of Change of Law Firm Name (Weprin, Barry)
(Entered: 04/01/2008) |
|
|
04/04/2008 |
|
ORDER
granting 342
Motion to Amend/Correct. The case management schedule shall be extended as
proposed by the parties with one exception. The Pretrial Conference scheduled
for May 30, 2008 is adjourned to June 13, 2008 at 10:00 a.m. Ordered by
Magistrate Judge A. Kathleen Tomlinson on 4/04/08. (Jacobwitz, Beth)
(Entered: 04/04/2008) |
|
04/24/2008 |
Letter
MOTION to Amend/Correct Letter Motion to Magistrate Judge Tomlinson on
behalf of all parties seeking an extension on summary judgment motion
opposition and reply schedule by Michael A. Giannattasio, Darren F.
Murray, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy
Vanderveur. (Crow, John) (Entered: 04/24/2008) |
|
|
04/28/2008 |
|
ORDER
granting 344
Motion to Amend/Correct. The Case Management and Scheduling Order is hereby amended to incorporate the dates as set forth in
the parties' April 24, 2008 motion. Ordered by Magistrate Judge A. Kathleen
Tomlinson on 4/28/08. (Jacobwitz, Beth) (Entered: 04/28/2008) |
|
05/08/2008 |
Letter
MOTION to Amend/Correct Letter Motion to Magistrate Judge Tomlinson on
behalf of all parties requesting an extension of summary judgment opposition
and reply schedule by Michael A. Giannattasio, Darren F. Murray, Martin
Gold, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur. (Crow, John)
(Entered: 05/08/2008) |
|
|
05/12/2008 |
|
ORDER
granting 345
Motion to Amend/Correct. The Case Management and Scheduling Order is hereby amended to incorporate the dates as set forth in
the parties' May 8, 2008 motion. Ordered by Magistrate Judge A. Kathleen
Tomlinson on 5/12/08. (Jacobwitz, Beth) (Entered: 05/12/2008) |
|
05/23/2008 |
Letter
MOTION for Extension of Time to File / Letter to Magistrate Judge
Tomlinson on behalf of all parties requesting extension of time to submit
joint pretrial order by Metropolitan Life Insurance Co., Metlife, Inc.. (Micarelli, Carl) (Entered: 05/23/2008) |
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05/28/2008 |
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ORDER
granting 346
Motion for Extension of Time to File Pretrial Order. The Pretrial Order shall
be filed no later than July 3, 2008. The Pretrial Conference scheduled for
June 13, 2008 is adjourned to July 11, 2008 at 2:00 p.m. Ordered by
Magistrate Judge A. Kathleen Tomlinson on 5/28/08. (Jacobwitz, Beth)
(Entered: 05/28/2008) |
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06/25/2008 |
Letter
MOTION for Extension of Time to File Letter to Magistrate Judge Tomlinson
on behalf of all parties requesting extension of time to submit joint
pretrial order by Michael A. Giannattasio, Darren F. Murray, Mary A.
Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur. (Crow, John)
(Entered: 06/25/2008) |
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06/27/2008 |
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ORDER
granting 347 Motion
for Extension of Time to File. The Pretrial Conference scheduled for July 11,
2008 is adjourned to August 6, 2008 at 10:00 a.m. The Joint Pretrial Order
shall be filed by July 17, 2008. Ordered by Magistrate Judge A. Kathleen
Tomlinson on 6/27/08. (Jacobwitz, Beth) (Entered: 06/27/2008) |
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07/02/2008 |
Unsigned
Order to Show Cause for Approval of Plan for Class Notice by Michael
A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L.
Hyms, Harry S. Purnell, III, Kathy Vanderveur (Attachments: # 1 Affidavit in
Support Newman Affirmation, # 2 Exhibit 1 -
MetLife 4-6-07 Letter, # 3 Exhibit 2 plfs
5-31-07 letter, # 4
Exhibit 3 metlife 6-8-07 letter, # 5 Exhibit 4 metlife
5-23-08 letter, # 6
Exhibit 5 metlife 4-2-08 letter, # 7 Exhibit 6 wright
2-25-05 affidavit, # 8
Exhibit 7 plfs letter to mellon re dividend files, # 9 Exhibit 8 mellon
reply letter to plfs re dividend files, # 10 Exhibit 9 mellon
8-2008 cost estimate, # 11 Exhibit 10
mellon 2-14-00 share analysis, # 12 Exhibit 11
Proposed Order, # 13
Exhibit 11-A form of postcard notice, # 14 Exhibit 11-B
form of publication notice, # 15 Exhibit 11-C
form of long-form notice, # 16 Exhibit 11-D
form of press release, # 17 Memorandum in
Support plaintiffs memorandum of law, # 18 Affidavit Burke
Declaration) (Crow, John) (Entered: 07/02/2008) |
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07/07/2008 |
ORDER
TO SHOW CAUSE: Defendants shall show cause on
8/1/2008 at 11:00 AM before Senior Judge Thomas C. Platt why an order should
not be issued granting the relief that is being sought. Service of this order
shall be made on or before 7/8/08 by ECF and mail upon counsel for defendants
and by personal service upon Mellon; and it is further ORDERED that any
opposing papers shall be served so as to be received by 7/21/08; and it is
further ORDERED that all papers in support of and in opposition to the
Court's order shall be submitted to the Court on or before 7/25/08. Ordered
by Senior Judge Thomas C. Platt on 7/7/08. (Brienza, Lauren) (Entered:
07/07/2008) |
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07/09/2008 |
Letter
MOTION for Extension of Time to File Letter to Magistrate Judge Tomlinson
on behalf of all parties requesting additional one-week extension of time to
submit joint pretrial order by Michael A. Giannattasio, Darren F. Murray,
Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy
Vanderveur. (Crow, John) (Entered: 07/09/2008) |
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07/15/2008 |
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ENDORSED
ORDER granting 350
Motion for Extension of Time to File: Motion GRANTED. (So Ordered by
Magistrate Judge A. Kathleen Tomlinson on 7/15/08). (Montero, Edher)
(Entered: 07/15/2008) |
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07/21/2008 |
MEMORANDUM
in Opposition re 349
Order to Show Cause, Set Hearings,,,, /Defendants' Memorandum and Carl
Micarelli's Declaration In Partial Opposition To Plaintiffs' Motion By Order
To Show Cause For Approval Of Plan For Class Notice filed by Metropolitan
Life Insurance Co., Metlife, Inc.. (Attachments: # 1 Affidavit in
Opposition (Declaration), # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)
(Micarelli, Carl) (Entered: 07/21/2008) |
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07/24/2008 |
Proposed
Pretrial Order Submitted on Behalf of All Parties by Michael A.
Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms,
Harry S. Purnell, III, Kathy Vanderveur (Attachments: # 1 Exhibit 1
plaintiffs' statement of claims, # 2 Exhibit 2
defendants' statement of defenses, # 3 Exhibit 3
plaintiffs' witnesses, # 4 Exhibit 4
defendants' witnesses, # 5 Exhibit 5
plaintiffs' deposition designations, # 6 Exhibit 6
defendants' deposition designations, # 7 Exhibit 7
plaintiffs' trial exhibits, # 8 Exhibit 8
defendants' trial exhibits) (Crow, John) (Entered: 07/24/2008) |
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07/25/2008 |
REPLY
in Support of Plaintiffs' Motion for Approval of Plan for Class Notice
filed by all plaintiffs. (Attachments: # 1 Affidavit in
Support Newman 7/25/08 Reply Affirmation, # 2 Exhibit A to
Newman Reply Affirmation - Plfs 10/19/07 Letter to Mellon, # 3 Exhibit B to
Newman Reply Affirmation - MetLife 3/18/05 Objection to Notice Plan in
Rabouin v. MetLife, # 4
Affidavit Burke 7/25/08 Reply Declaration, # 5 Affidavit of
Service Afffidavit of Service of Order to Show Cause upon Mellon Investor
Services, # 6
Affidavit of Service Affidavit of Service of Order to Show Cause by Mail upon
MetLife) (Crow, John) (Entered: 07/25/2008) |
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07/30/2008 |
Letter
MOTION for Leave to File Defendants' Surreply Related To Docket Entries
349, 351 & 353 with attached Surreply Memorandum Of Law In Partial
Opposition To Plaintiffs' Motion By Order To Show Cause For Approval Of Plan
For Class Notice by Metropolitan Life Insurance Co., Metlife, Inc..
(Attachments: # 1
Memorandum in Opposition) (Micarelli, Carl) (Entered: 07/30/2008) |
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07/31/2008 |
STIPULATION
re 349 Order to
Show Cause, Set Hearings,,,, Letter Motion to Judge Platt, with consent of
all parties, requesting stipulation and order be entered, modified proposed
order approving notice plan be entered and order to show cause be discharged
by Michael A. Giannattasio, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry
S. Purnell, III, Kathy Vanderveur (Attachments: # 1 Signed
Stipulation and Order, # 2 Proposed Order
Modified Proposed Order Approving Class Notice Plan) (Crow, John) (Entered:
07/31/2008) |
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08/01/2008 |
NOTICE
by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Kevin L. Hyms,
Harry S. Purnell, III, Kathy Vanderveur re 355 Stipulation,, NOTICE
OF SUPPLEMENTAL FILING, re inadvertently omitted Exhibits A through D (forms
of notice) to Modified Proposed Order approving class notice
(Attachments: # 1
Exhibit A to Modified Proposed Order - form of postcard notice, # 2 Exhibit B to
Modified Proposed Order - form of publication notice, # 3 Exhibit C to
Modified Proposed Order - form of long-form notice, # 4 Exhibit D to
Modified Proposed Order - form of press release) (Crow, John) (Entered:
08/01/2008) |
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08/02/2008 |
MODIFIED
ORDER APPROVING CLASS NOTICE PLAN. Having reviewed the plaintiff's motion by
order to show cause for approval of the form and dissemination of Class
notice, the responses of defts and Mellon, and plaintiffs reply, IT IS HEREBY
ORDERED: SEE ATTACHED ORDER. Ordered by Senior Judge Thomas C. Platt on
8/2/2008. (Glueckert, Lisa) (Entered: 08/15/2008) |
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08/02/2008 |
ORDER
re 355 Stipulation.
SO ORDERED: Defs withdraw their partial opposition to plaintiffs' plan for
Class notice brought by Order to Show Cause signed by the Court on July 7,
2008. Plaintiffs agree to modify the Proposed Order to provide individual
notice to those Class members who are in force policyholders for whom Gilardi
deems in its reasonable judgment contact information can practicably be
obtained from the Primary Individual Life Administration Systems, in addition
to all other recipients of individual notice that plaintiffs proposed in the
plan. The parties agree to modify the Proposed Order to allow Gilardi to mail
individual notice to institutional or any other additional Class members
whose current names and addresses may be determined from discovery in this action
or any other source. The parties agree to modify Paragraph 5 of the Proposed
Order to allow Mellon three (3) weeks to deliver the Dividend Mailing List.
SEE ORDER FOR FURTHER DETAILS. The Court's Order to Show Cause 349 of July 7, 2008
is DISCHARGED. Ordered by Senior Judge Thomas C. Platt on 8/2/2008.
(Glueckert, Lisa) (Entered: 08/15/2008) |
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08/05/2008 |
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SCHEDULING
ORDER: In light of the recent activity in this action, tomorrow's Pretrial
Conference is converted to a telephone conference. Counsel for Plaintiffs
shall initiate the call. Ordered by Magistrate Judge A. Kathleen Tomlinson on
8/5/08. (Jacobwitz, Beth) (Entered: 08/05/2008) |
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08/06/2008 |
Minute
Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Telephone Status Conference held on 8/6/2008. SCHEDULING:
The parties have been directed to appear in Courtroom 910 after their oral
argument before Judge Platt which is now scheduled for September 19, 2008 at
10:30 a.m. THE FOLLOWING RULINGS WERE MADE: 1.I converted the scheduled Pre-Trial
Conference into a telephone conference based upon recent activity in this
case as well as the fact that the input I received from the parties as to
possible resolution of this matter makes it clear that settlement is not
possible at this time. 2.The proposed joint
Pre-Trial Order as submitted will be held in abeyance until I speak with the
parties again on September 19. SEE ATTACHED ORDER FOR ADDITIONAL INFORMATION.
Ordered by Judge A. Kathleen Tomlinson on 8/6/08. (Tomlinson, A.) (Entered:
08/06/2008) |
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08/25/2008 |
MOTION
for Partial Summary Judgment by Plaintiffs by Michael A. Giannattasio,
Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S.
Purnell, III, Kathy Vanderveur. (Attachments: # 1 Memorandum in
Support of plaintiffs' motion for partial summary judgment, # 2 Rule 56.1
Statement in support of plaintiffs' motion for partial summary judgment, # 3 Affidavit of
Stamell in support of plfs motion for partial summary judgment, # 4 Exhibit 1-A to
Stamell Aff for partial summary judgment, # 5 Exhibit 1-B to
Stamell Aff for partial summary judgment, # 6 Exhibit 1-C to
Stamell Aff for partial summary judgment, # 7 Exhibit 1-D to
Stamell Aff for partial summary jugment (part 1 of 2), # 8 Exhibit 1-D to
Stamell Aff for partial summary judgment (part 2 of 2), # 9 Exhibit 1-E to
Stamell Aff for partial summary judgment (part 1 of 4), # 10 Exhibit 1-E to
Stamell Aff for partial summary judgment (part 2 of 4), # 11 Exhibit 1-E to
Stamell Aff. for partial summary judgment (part 3 of 4), # 12 Exhibit 1-E of
Stamell Aff for partial summary judgment (part 4 of 4), # 13 Exhibit 2 to
Stamell Aff for partial summary judgment, # 14 Exhibit 3 to
Stamell Aff for partial summary judgment, # 15 Exhibit 4 to
Stamell Aff. for partial summary judgment, # 16 Exhibit 5 to
Stamell Aff for partial summary judgment, # 17 Exhibit 6 to
Stamell Aff. for partial summary judgment, # 18 Exhibit 7 to
Stamell Aff for partial summary judgment, # 19 Exhibit 8 to
Stamell Aff for partial summary judgment, # 20 Exhibit 9 to
Stamell Aff. for partial summary judgment, # 21 Affidavit of
Service by electronic mail) (Crow, John) (Entered: 08/25/2008) |
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08/25/2008 |
RESPONSE
in Opposition re 360
MOTION for Partial Summary Judgment by Plaintiffs DEFENDANTS'
MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFFS' MOTION FOR PARTIAL SUMMARY
JUDGMENT filed by all defendants. (Attachments: # 1 Rule 56.1
Statement Defendants' Response to Plfs Rule 56.1 statement in oppostion to
motion for partial summary judgment,, # 2 Affidavit Harwood
Declaration in support of Defendants' opposition to plfs motion for partial
summary judgment, # 3
Affidavit Micarelli Declaration in Support of Defendants' Opposition to plfs motion
for partial summary judgment, # 4 Exhibit 62 to
Micarelli Declaration in Opposition, # 5 Exhibit 63 to
Micarelli Declaration in Opposition, # 6 Exhibit 64 to
Micarelli Declaration in Opposition, # 7 Exhibit 65 to
Micarelli Declaration in Opposition, # 8 Exhibit 66 to
Micarelli Declaration in Opposition, # 9 Exhibit 67 to
Micarelli Declaration in Opposition, # 10 Exhibit 68 to
Micarelli Declaration in Opposition, # 11 Exhibit 69 to
Micarelli Declaration in Opposition, # 12 Exhibit 70 to
Micarelli Declaration in Opposition, # 13 Exhibit 71 to
Micarelli Declaration in Opposition, # 14 Exhibit 72 to
Micarelli Declaration in Opposition, # 15 Exhibit 73 to
Micarelli Declaration in Opposition, # 16 Exhibit 74 to
Micarelli Declaration in Opposition, # 17 Exhibit 75 to
Micarelli Declaration in Opposition, # 18 Exhibit 76 to
Micarelli Declaration in Opposition, # 19 Exhibit 77 to
Micarelli Declaration in Opposition, # 20 Exhibit 78 to
Micarelli Declaration in Opposition, # 21 Exhibit 79 to
Micarelli Declaration in Opposition) (Crow, John) (Entered: 08/25/2008) |
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08/25/2008 |
REPLY
to Response to Motion re 360 MOTION for
Partial Summary Judgment by Plaintiffs PLAINTIFFS' REPLY MEMORANDUM
OF LAW IN FURTHER SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT filed by
all plaintiffs. (Attachments: # 1 Rule 56.1 Statement
Plaintiffs' Reply 56.1 Statement in further support of motion for partial
summary judgment, # 2
Affidavit Stamell Reply Affirmation in further support of plaintiffs' motion
for partial summary judgment, # 3 Exhibit 10 to
Stamell Reply Affirmation, # 4 Exhibit 11 to
Stamell Reply Affirmation, # 5 Exhibit 12 to
Stamell Reply Affirmation, # 6 Exhibit 13 to
Stamell Reply Affirmation, # 7 Certificate of
Service Affidavit of Service of Reply by electronic mail) (Crow, John)
(Entered: 08/25/2008) |
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08/25/2008 |
Fully
Briefed MOTION for Summary Judgment by Metropolitan Life Insurance Co.,
Metlife, Inc.. (Attachments: # 1 Memorandum in
Support, # 2
Rule 56.1 Statement, # 3 Affidavit in
Support By Carl Micarelli (Declaration), # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit 16, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, # 24 Exhibit 21, # 25 Exhibit 22, # 26 Exhibit 23, # 27 Exhibit 24, # 28 Exhibit 25, # 29 Exhibit 26, # 30 Exhibit 27, # 31 Exhibit 28, # 32 Exhibit 29, # 33 Exhibit 30, # 34 Exhibit 31, # 35 Exhibit 32, # 36 Exhibit 33, # 37 Exhibit 34, # 38 Exhibit 35, # 39 Exhibit 36, # 40 Exhibit 37, # 41 Exhibit 38, # 42 Exhibit 39, # 43 Exhibit 40, # 44 Exhibit 41, # 45 Exhibit 42, # 46 Exhibit 43, # 47 Exhibit 44, # 48 Exhibit 45, # 49 Exhibit 46, # 50 Exhibit 47, # 51 Exhibit 48, # 52 Exhibit 49, # 53 Exhibit 50, # 54 Exhibit 51, # 55 Exhibit 52, # 56 Exhibit 53, # 57 Exhibit 54, # 58 Exhibit 55, # 59 Exhibit 56, # 60 Exhibit 57, # 61 Exhibit 58, # 62 Exhibit 59, # 63 Exhibit 60, # 64 Exhibit 61, # 65 Affidavit
/Declaration of Michael Harwood, # 66 Affidavit in
Support By Michael J. Hynes (Declaration), # 67 Rule 56.1
Statement (Plaintiffs' Response To Defendants' Statement of Undisputed
Facts), # 68
Memorandum in Opposition to Defendants' Motion for Summary Judgment, # 69 Affidavit
/Declarations By Robert E. Wilcox and Carl M. Harris, # 70 Affidavit in
Opposition By Jared B. Stamell, Esq. (Affirmation), # 71 Exhibit 1, # 72 Exhibit 2, # 73 Exhibit 3, # 74 Exhibit 4, # 75 Exhibit 5, # 76 Exhibit 6, # 77 Exhibit 7, # 78 Exhibit 8, # 79 Exhibit 9, # 80 Exhibit 10, # 81 Exhibit 11, # 82 Exhibit 12, # 83 Exhibit 13, # 84 Exhibit 14, # 85 Exhibit 15, # 86 Exhibit 16, # 87 Exhibit 17, # 88 Exhibit 18, # 89 Exhibit 19, # 90 Exhibit 20, # 91 Exhibit 21, # 92 Exhibit 22, # 93 Exhibit 23, # 94 Exhibit 24, # 95 Exhibit 25 (Part
1 of 2), # 96
Exhibit 25 (Part 2 of 2), # 97 Exhibit 26, # 98 Exhibit 27, # 99 Exhibit 28, # 100 Exhibit 29, # 101 Exhibit 30, # 102 Exhibit 31, # 103 Exhibit 32, # 104 Exhibit 33, # 105 Exhibit 34, # 106 Exhibit 35, # 107 Exhibit 36, # 108 Exhibit 37, # 109 Exhibit 38, # 110 Exhibit 39, # 111 Exhibit 40, # 112 Exhibit 41, # 113 Exhibit 42, # 114 Exhibit 43, # 115 Exhibit 44, # 116 Exhibit 45, # 117 Exhibit 46, # 118 Exhibit 47, # 119 Exhibit 48, # 120 Exhibit 49, # 121 Exhibit 50, # 122 Exhibit 51, # 123 Exhibit 52, # 124 Exhibit 53, # 125 Exhibit 54, # 126 Memorandum in
Support of Summary Judgment By Defendants (Reply), # 127 Rule 56.1
Statement By Defendants in Reply To Plaintiffs' Response, # 128 Affidavit in
Support of Carl Micarelli in Further Support of Motion for Summary Judgment
(Reply Declaration), # 129 Exhibit 80, # 130 Exhibit 81, # 131 Exhibit 82, # 132 Exhibit 83, # 133 Exhibit 84, # 134 Exhibit 85, # 135 Exhibit 86, # 136 Exhibit 87, # 137 Exhibit 88, # 138 Exhibit 89, # 139 Exhibit 90, # 140 Exhibit 91, # 141 Exhibit 92, # 142 Exhibit 93, # 143 Exhibit 94, # 144 Certificate of
Service) (Micarelli, Carl) (Entered: 08/25/2008) |
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09/18/2008 |
ORDER
denying 339
Motion for Discovery. Plaintiffs' motion to compel is denied for the reasons
set forth in the attached order and discovery is closed. This case shall be
certified to Judge Platt as ready for trial. SEE ATTACHED ORDER. Ordered by
Magistrate Judge A. Kathleen Tomlinson on 9/18/08. (Jacobwitz, Beth)
(Entered: 09/18/2008) |
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09/19/2008 |
|
ORDER
terminating 321
Motion for Extension of Time to File; terminating 331 Motion for
Extension of Time to File (The parties settled their differences and
submitted a joint discovery schedule.) (McMorrow, Karen) (Entered:
09/19/2008) |
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09/19/2008 |
|
Minute
Entry for proceedings held before Senior Judge Thomas C. Platt:Motion Hearing
held on 9/19/2008 re 360
MOTION for Partial Summary Judgment by Plaintiffs filed by Harry S.
Purnell, III, Kathy Vanderveur, Michael A. Giannattasio, Mary A. Devito,
Darren F. Murray, Martin Gold, Kevin L. Hyms, 363 Fully Briefed
MOTION for Summary Judgment filed by Metropolitan Life Insurance Co., Metlife,
Inc. Counsel for all sides present. Motions argued. DECISION RESERVED. (Court
Reporter Mary Ann Steiger.) (McMorrow, Karen) (Entered: 09/22/2008) |
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09/22/2008 |
NOTICE
by Metropolitan Life Insurance Co., Metlife, Inc. re 360 MOTION for
Partial Summary Judgment by Plaintiffs, 363 Fully Briefed
MOTION for Summary Judgment / Notice of Submission of Defendants'
Demostrative Exhibits for Summary Judgment Oral Argument (Attachments: # 1 Exhibit A)
(Micarelli, Carl) (Entered: 09/22/2008) |
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09/23/2008 |
NOTICE
by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito,
Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur re 360 MOTION for
Partial Summary Judgment by Plaintiffs, 363 Fully Briefed
MOTION for Summary Judgment Notice of Filing of Plaintiffs' Demonstrative
Exhibit for Oral Argument on Summary Judgment (Attachments: # 1 Exhibit 1 -
8/18/99 memo re fixed component for right to vote) (Crow, John) (Entered:
09/23/2008) |
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10/15/2008 |
Letter
re Dividends Metropolitant Paid to MetLife, Inc. by Harry S. Purnell,
III (Attachments: # 1
Exhibit Exh 1, # 2
Exhibit Exh 2, # 3
Exhibit Exh 3, # 4
Exhibit Exh 4, # 5
Exhibit Exh 5, # 6
Exhibit Exh 6, # 7
Exhibit Exh 7, # 8
Exhibit Exh 8) (Crow, John) (Entered: 10/15/2008) |
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10/20/2008 |
Letter
from Bruce E. Yannett (Debevoise & Plimpton LLP) to Judge Platt in
response to Plaintiffs' 10/15/08 letter about stockholder dividends paid to
the holding company by Metropolitan Life Insurance Co., Metlife, Inc.
(Yannett, Bruce) (Entered: 10/20/2008) |
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10/24/2008 |
NOTICE
OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 09-19-08, before
Judge Hon. A. Kathleen Tomlinson Mag. Judge.(DISCOVERY
CONF. HELD BEFORE (AKT). Court Reporter/Transcriber Shari Riemer of TypeWrite
Word Processing Service, Telephone number Shari Riemer @ TypeWrite Word
Processing Sevice @211 N. Milton Road Saratoga Springs, New York. 12866
Phone# 518 581-8973 or (718) 966-1401; Fax# 718 967-48423..
Tape Number: FTR/DRIVE:Time: 2:57-3:03. 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 11/14/2008. Redacted Transcript Deadline set for 11/24/2008.
Release of Transcript Restriction set for 1/22/2009. Keith Angelo Jones
(Jones, Keith) (Entered: 10/24/2008) |
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10/27/2008 |
Letter
in response to MetLife's relevance objection by Harry S. Purnell, III
(Stamell, Jared) (Entered: 10/27/2008) |
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11/14/2008 |
Letter
MOTION for Extension of Time to File Letter to Magistrate Judge Tomlinson
on behalf of all parties for extension of time to file stipulations of fact
by Michael A. Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito,
Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur. (Crow, John)
(Entered: 11/14/2008) |
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11/17/2008 |
|
ORDER
granting 371 Motion
for Extension of Time to File Stipulation of Facts. Ordered by Magistrate
Judge A. Kathleen Tomlinson on 11/17/08. (Jacobwitz, Beth) (Entered:
11/17/2008) |
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12/16/2008 |
Letter
MOTION for Extension of Time to File Letter to Magistrate Judge Tomlinson
on behalf of all parties for additional extension of time to file
stipulations of fact by Michael A. Giannattasio, Darren F. Murray, Martin
Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur.
(Crow, John) (Entered: 12/16/2008) |
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12/18/2008 |
|
ORDER
granting 372
Motion for Extension of Time to File. The time for the parties to file
Stipulation of Facts extended to January 15, 2009. Ordered by Magistrate
Judge A. Kathleen Tomlinson on 12/18/08. (Jacobwitz, Beth) (Entered:
12/18/2008) |
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01/14/2009 |
Letter
MOTION for Extension of Time to File / Letter from Carl Micarelli
(Debevoise & Plimpton LLP) to Magistrate Judge Tomlinson on behalf of all
parties for extension of time to January 22, 2009 to submit stipulations of
fact by Metropolitan Life Insurance Co., Metlife, Inc..
(Micarelli, Carl) (Entered: 01/14/2009) |
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|
01/15/2009 |
|
ORDER
granting 373 Motion
for Extension of Time to File Stipulation Of Fact. Ordered by Magistrate
Judge A. Kathleen Tomlinson on 1/15/2009. (Jacobwitz, Beth) (Entered:
01/15/2009) |
|
01/22/2009 |
Proposed
Pretrial Order Submitted on Behalf of All Parties by Michael A.
Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms,
Harry S. Purnell, III, Kathy Vanderveur (Attachments: # 1 Exhibit 1 -
plaintiffs' statement of claims, # 2 Exhibit 2 -
defendants' statement of defenses, # 3 Exhibit 3 -
plaintiffs' witnesses, # 4 Exhibit 4 -
defendants' witnesses, # 5 Exhibit 5 -
plaintiffs' deposition designations, # 6 Exhibit 6 -
defendants' deposition designations, # 7 Exhibit 7 -
plaintiffs' trial exhibits, # 8 Exhibit 8 -
defendants' trial exhibits, # 9 Exhibit 9 -
stipulation of agreed facts, # 10 Exhibit Joint
Exhibit 1 to stipulation of agreed facts, # 11 Exhibit Joint
Exhibit 2 to stipulation of agreed facts, # 12 Exhibit Joint
Exhibit 3 to stipulation of agreed facts) (Stamell, Jared) (Entered:
01/22/2009) |
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02/27/2009 |
Letter
MOTION for Discovery Plaintiffs' Letter Motion to Judge Tomlinson for
Order that MetLife Answer Questions Regarding New Documents by Michael A.
Giannattasio, Darren F. Murray, Martin Gold, Mary A. Devito, Harry S.
Purnell, III, Kathy Vanderveur. (Attachments: # 1 Exhibit 1 cover
pages from new documents, # 2 Exhibit 2
debevoise 1-19-09 cover letter, # 3 Exhibit 3
plaintiffs' 1-21-09 questions, # 4 Exhibit 4
debevoise 1-21-09 email reply, # 5 Exhibit 5
plaintiffs' 1-27-09 additional questions, # 6 Exhibit 6
debevoise 2-12-09 letter reply) (Stamell, Jared) (Entered: 02/27/2009) |
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03/04/2009 |
RESPONSE
in Opposition re 375
Letter MOTION for Discovery Plaintiffs' Letter Motion to Judge Tomlinson
for Order that MetLife Answer Questions Regarding New Documents /
Letter from Carl Micarelli (Debevoise & Plimpton) to Magistrate Judge
Tomlinson in response to Plaintiffs' 2/27/09 letter motion filed by
Metropolitan Life Insurance Co., Metlife, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)
(Micarelli, Carl) (Entered: 03/04/2009) |
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|
03/30/2009 |
ORDER
denying 360
Motion for Partial Summary Judgment; denying 363 Motion for
Summary Judgment. SO ORDERED that Plaintiffs and Deft's motions for summary
judgment are hereby DENIED. Opinion will be filed subsequently. Ordered by
Senior Judge Thomas C. Platt on 3/30/2009. (Glueckert, Lisa) (Entered:
03/31/2009) |
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|
03/31/2009 |
|
ORDER
terminating 354
Motion for Leave to File (related motion filed,argued
and decision forthcoming). Ordered by Senior Judge Thomas C. Platt on
3/31/2009. (McMorrow, Karen) (Entered: 03/31/2009) |
|
04/02/2009 |
Letter
MOTION for Extension of Time to File / Letter from Eric D. Meyer
(Debevoise & Plimpton LLP) to Judge Platt requesting on behalf of all
parties an extension of time to file any motion to reconsider or amend the
Court's 3/30/09 Order by Metropolitan Life Insurance Co., Metlife, Inc..
(Meyer, Eric) (Entered: 04/02/2009) |
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|
04/09/2009 |
|
Original
Record Returned: this form emailed to Fred Nunnery c/o Court of Appeals.
USCA# 07-2840-op. (Duong, Susan) (Entered: 04/15/2009) |
|
04/24/2009 |
Unsigned
Order to Show Cause for Approval of Notice by Publication to Certain
"Industrial" Policyholders by Michael A. Giannattasio, Darren
F. Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III,
Kathy Vanderveur (Attachments: # 1 Affidavit in
Support Newman Affirmation, # 2 Exhibit 1 -
MetLife 3/24/00 Letter to Policyholder, # 3 Exhibit 2 Metlife
2/27/09 Reply Letter re Notice, # 4 Exhibit 3 MetLife
10/31/08 Email Reply re Notice, # 5 Exhibit 4 Plfs.
2/20/09 Letter re Notice, # 6 Exhibit 5
Proposed Order, # 7
Memorandum in Support Plaintiffs Memorandum of Law, # 8 Affidavit Burke
4/22/09 Declaration) (Stamell, Jared) (Entered: 04/24/2009) |
|
|
04/27/2009 |
ORDER
TO SHOW CAUSE: ORDERED that defts in this action, Metropolitan Life Insurance
Company ("MetLife Co.") and MetLife, Inc. (collectively
"MetLife") shall show cause before the Honorable Thomas C. Platt,
United States Courthouse, 100 Federal Plaza, Central Islip, New York 11722,
on 5/8/2009 at 11:30 a.m. why an order should not be issued permitting notice
of the pendency of this action by publication to class members who are
"Industrial" policyholders, other than those Industrial
policyholders whose names and addresses can be updated by the notice administrator.
ORDERED that service of this order shall be made on or before 5/1/2009
electronically and by mail upon counsel for defts. ORDERED that any opposing
papers shall be served so as to be received by 5/6/2009. ORDERED that all
papers in support of and in opposition to the Court's order shall be
submitted to the Court on or before 5/8/2009. C/M. Ordered by Senior Judge
Thomas C. Platt on 4/27/2009. (Glueckert, Lisa) (Entered: 04/30/2009) |
|
|
05/01/2009 |
Letter
MOTION to Adjourn Conference / Letter from Eric D. Meyer (Debevoise &
Plimpton LLP) to Judge Platt requesting an adjournment of the hearing on
plaintiffs' Order to Show Cause currently scheduled for May 8, 2009 by
Metropolitan Life Insurance Co., Metlife, Inc..
(Meyer, Eric) (Entered: 05/01/2009) |
|
|
05/05/2009 |
|
ORDER
granting 381
Motion to Adjourn the 380
Order to Show Cause hearing; ( Show Cause Hearing is
reset for 5/14/2009 10:30 AM in Courtroom 1040 before Senior Judge Thomas C.
Platt.) (McMorrow, Karen) (Entered: 05/05/2009) |
|
05/06/2009 |
MEMORANDUM
in Opposition re Order on Motion to Adjourn Conference, Terminate Hearings,,
Set Hearings, 380
Order to Show Cause,,,, filed by Metropolitan Life Insurance Co., Metlife,
Inc.. (Micarelli, Carl) (Entered: 05/06/2009) |
|
|
05/08/2009 |
REPLY
in Support re 380
Order to Show Cause,,,, Plaintiffs' Reply in
Support of Motion for Approval of Notice by Publication to Certain
"Industrial" Policyholders filed by all plaintiffs.
(Attachments: # 1
Affidavit in Support newman 5-08-09 affirmation, # 2 Exhibit 1 -
metlife 9/26/08 email and plfs 10/08/08 reply, # 3 Exhibit 2 -
plaintiffs 10/29/08 email and metlife 10/31/08 reply) (Stamell, Jared)
(Entered: 05/08/2009) |
|
|
05/14/2009 |
|
Minute
Entry for proceedings held before Senior Judge Thomas C. Platt:Show Cause Hearing held on 5/14/2009, Settlement Conference
held on 5/14/2009. Counsel for all sides present. The Court speaks to the
parties off the record for possible settlement before he issues his order on
summary judgment. Set conference for 5/22/09 at 11:00 a.m. (Court Reporter
N/A.) (McMorrow, Karen) (Entered: 05/20/2009) |
|
05/21/2009 |
RESPONSE
TO ORDER TO SHOW CAUSE by Metropolitan Life Insurance Co., Metlife, Inc.
(Attachments: # 1
Attachment to Letter Response) (Yannett, Bruce) (Entered: 05/21/2009) |
|
|
05/22/2009 |
Letter
MOTION to Strike 384
Response to Order to Show Cause Plaintiffs' letter motion to Judge Platt
requesting Court to disregard MetLife's surreply or alternatively grant
plaintiffs until May 27 to respond by Michael A. Giannattasio, Darren F.
Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III,
Kathy Vanderveur. (Stamell, Jared) (Entered: 05/22/2009) |
|
|
05/27/2009 |
MEMORANDUM
& ORDER: For the foregoing reasons, 363 MetLifes motion
for summary judgment is DENIED. Plaintiffs 360 motion for
summary judgment is DENIED. See attached order for further details. Ordered
by Senior Judge Thomas C. Platt on 5/27/2009. (Glueckert, Lisa) (Entered:
05/27/2009) |
|
|
05/27/2009 |
REPLY
in Support re 384
Response to Order to Show Cause Plaintiffs' Letter in Response to
Defendants' Additional Response (Dkt. 384) to Order to Show Cause; in the
event the Court considers defendants' additional submission and permits
plaintiffs' reply filed by all plaintiffs. (Stamell, Jared) (Entered:
05/27/2009) |
|
|
05/29/2009 |
|
Minute
Entry for proceedings held before Senior Judge Thomas C. Platt:Status Conference held on 5/29/2009. Jared Stamell and
others for plaintiff, Bruce Yannett and others for defendant. Parties discuss
notification issues. (Court Reporter Perry Auerbach.) (McMorrow, Karen)
(Entered: 06/04/2009) |
|
06/01/2009 |
Letter
from Plaintiffs to Judge Platt responding to Court's questions regarding
undeliverable mail by Michael A. Giannattasio, Darren F. Murray, Martin
Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur
(Attachments: # 1
Exhibit 1 - first class postcard rates) (Stamell, Jared) (Entered:
06/01/2009) |
|
|
06/08/2009 |
ORDER
denying 375
Plaintiffs' Motion to compel written answers regarding documents produced.
SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on
6/8/2009. (Tomlinson, A.) (Entered: 06/08/2009) |
|
|
06/08/2009 |
ORDER.
The Joint Pre-Trial Order is accepted for filing and the action is deemed
ready for trial. The action will be tried in accordance with the discretion
and trial calendar of District Judge Thomas C. Platt. Ordered by Magistrate
Judge A. Kathleen Tomlinson on 6/8/2009. (Tomlinson, A.) (Entered:
06/08/2009) |
|
|
06/08/2009 |
ORDER:
SO ORDERED that the plaintiffs' request to notify "Industrial"
policyholders by publication is hereby DENIED. Plaintiffs shall provide
notification by mail and bear the cost of such mailing. Ordered by Senior
Judge Thomas C. Platt on 6/8/2009. (Glueckert, Lisa) (Entered: 06/09/2009) |
|
|
06/18/2009 |
NOTICE
of Appearance by David Scott Mandel on behalf of Michael A. Giannattasio,
Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III (aty to be noticed)
(Mandel, David) (Entered: 06/18/2009) |
|
|
06/23/2009 |
Letter
from Eric D. Meyer (Debevoise & Plimpton LLP) to Judge Platt
withdrawing on behalf of all parties the April 2, 2009 letter motion (docket
no. 378) requesting an extension of time to file any motion to reconsider or
amend the Court's order on summary judgment motions by Metropolitan Life
Insurance Co., Metlife, Inc. (Meyer, Eric) (Entered: 06/23/2009) |
|
|
06/26/2009 |
|
ORDER
withdrawing 378
Motion for Extension of Time to File based on the June 23, 2009 letter [de
378].. Ordered by Senior Judge Thomas C. Platt on
6/26/2009. (McMorrow, Karen) (Entered: 06/26/2009) |
|
07/07/2009 |
Letter
to Judge Platt on behalf of all parties advising Court of parties' agreed
schedule for motions in limine by Michael A. Giannattasio, Darren F.
Murray, Martin Gold, Mary A. Devito, Kevin L. Hyms, Harry S. Purnell, III,
Kathy Vanderveur (Stamell, Jared) (Entered: 07/07/2009) |
|
|
07/13/2009 |
|
Minute
Entry for proceedings held before Senior Judge Thomas C. Platt:Final Pretrial Conference held on 7/13/2009. Discussion
held regarding jury selection. Questionnaire will be completed by August 3rd,
2009. Jurors will fill out questionnaires on August 18, 2009. September 8,
2009 at 9:30 a.m. Jury selection and trial. (Court Reporter mARY ANN
sTIEGER.) (McMorrow, Karen) (Entered: 07/17/2009) |
|
07/16/2009 |
|
NOTICE
of Hearing: Pretrial Conference set for 7/21/2009 02:00 PM in Courtroom 1040
before Senior Judge Thomas C. Platt. (McMorrow, Karen) (Entered: 07/16/2009) |
|
07/17/2009 |
|
NOTICE
of Hearing(Change of Time confirmation): Pretrial
Conference set for 7/21/2009 03:00 PM in Courtroom 1040 before Senior Judge
Thomas C. Platt. (McMorrow, Karen) (Entered: 07/17/2009) |
|
07/31/2009 |
NOTICE
of Appearance by Helen Virginia Cantwell on behalf of Metlife, Inc.,
Metropolitan Life Insurance Co. (aty to be noticed) (Cantwell, Helen)
(Entered: 07/31/2009) |
|
|
07/31/2009 |
NOTICE
of Appearance by Mark P. Goodman on behalf of Metlife, Inc., Metropolitan
Life Insurance Co. (aty to be noticed) (Goodman, Mark) (Entered: 07/31/2009) |
|
|
07/31/2009 |
NOTICE
of Appearance by Michael Schaper on behalf of Metlife, Inc., Metropolitan
Life Insurance Co. (aty to be noticed) (Schaper, Michael) (Entered:
07/31/2009) |
|
|
07/31/2009 |
Unsigned
Order to Show Cause for Plaintiffs' Motion to Disqualify Debevoise &
Plimpton LLP as Counsel by Mary A. Devito, Michael A. Giannattasio, Kevin
L. Hyms, Darren F. Murray, Harry S. Purnell, III, Kathy Vanderveur
(Attachments: # 1
Affidavit Stamell Affirmation, # 2 Memorandum in
Support Plaintiffs' Memorandum of Law) (Stamell, Jared) (Entered: 07/31/2009) |
|
|
08/03/2009 |
Letter
to Judge Platt of behalf of all parties submitting proposed jury questionnaire
and case summary by Mary A. Devito, Michael A. Giannattasio, Martin Gold,
Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur (Attachments: # 1 Exhibit 1
Proposed Jury Questionnaire, # 2 Exhibit 2
Proposed Case Summary) (Stamell, Jared) (Entered: 08/03/2009) |
|
|
08/03/2009 |
Unsigned
Order to Show Cause Why the Court Should Not Enter an Order Precluding
Plaintiffs from Calling Carl Micarelli as a Witness at Trial, Or, in the
Alternative, Permitting Him to Be Present at Trial. by Metlife, Inc.,
Metropolitan Life Insurance Co. (Attachments: # 1 Memorandum in
Support Defendants' Memorandum of Law in Support of Their Motion by Order to
Show Cause, # 2
Declaration of Duncan J. Logan in Support of Defendants' Motion by Order to
Show Cause, # 3
Declaration of Bruce E. Yannett in Support of Defendants' Motion by Order to
Show Cause, # 4
Declaration of Carl Micarelli in Support of Defendants' Motion by Order to
Show Cause, # 5
Exhibit A to Declaration of Carl Micarelli in Support of Defendants' Motion
by Order to Show Cause, # 6 Exhibit B to
Declaration of Carl Micarelli in Support of Defendants' Motion by Order to
Show Cause) (Schaper, Michael) (Entered: 08/03/2009) |
|
|
08/04/2009 |
Letter
to Judge Platt of behalf of all parties submitting CORRECTED proposed jury
questionnaire by Mary A. Devito, Michael A. Giannattasio, Kevin L. Hyms,
Darren F. Murray, Harry S. Purnell, III, Kathy Vanderveur (Attachments: # 1 Exhibit 1
CORRECTED proposed jury questionnaire) (Stamell, Jared) (Entered: 08/04/2009) |
|
|
08/04/2009 |
Letter
MOTION for Hearing re 398
Unsigned Order to Show Cause, 400 Unsigned Order
to Show Cause,,, Letter from Carl Micarelli (Debevoise & Plimpton LLP)
to Judge Platt requesting briefing schedule on orders to show cause by
Metlife, Inc., Metropolitan Life Insurance Co.. (Micarelli, Carl) (Entered:
08/04/2009) |
|
|
08/04/2009 |
ORDER
TO SHOW CAUSE: ORDERED that defts in this action, Metropolitan Life Insurance
Company ("MetLife Co.") and MetLife, Inc. (collectively
"MetLife"), and Debevoise & Plimpton LLP, shall show cause why
an order should not be issued disqualifying Debevoise & Plimpton LLP and
all attorneys at that firm from representing defts at the trial of this
action. ORDERED that any opposing papers shall be served so as to be received
by 8/18/2009. ORDERED that all papers in support of and in opposition to the
Court's order shall be submitted to the Court on or before 8/25/2009. Show
Cause Hearing set for 8/31/2009 09:30 AM in
Courtroom 1040 before Senior Judge Thomas C. Platt. Ordered by Senior Judge
Thomas C. Platt on 8/4/2009. (Glueckert, Lisa) (Entered: 08/05/2009) |
|
|
08/05/2009 |
RESPONSE
in Opposition re 402
Letter MOTION for Hearing re 398 Unsigned Order
to Show Cause, 400
Unsigned Order to Show Cause,,, Letter from Carl Micarelli (Debevoise
& Plimpton LLP) to Judge Platt requesting briefing schedule on orders to
show causeLetter MOTION for Hearing re 398 Unsigned Order
to Show Cause, 400
Unsigned Order to Show Cause,,, Letter from Carl Micarelli (Debevoise
& Plimpton LLP) to Judge Platt requesting briefing schedule on orders to
show cause Plaintiffs' Letter Response and Proposed for Schedule
filed by Mary A. Devito, Michael A. Giannattasio, Martin Gold, Kevin L. Hyms,
Darren F. Murray, Harry S. Purnell, III, Kathy Vanderveur. (Attachments: # 1 Exhibit 1
Plaintiffs Request for Discovery) (Stamell, Jared) (Entered: 08/05/2009) |
|
|
08/05/2009 |
REPLY
to Response to Motion re 402 Letter MOTION
for Hearing re 398
Unsigned Order to Show Cause, 400 Unsigned Order
to Show Cause,,, Letter from Carl Micarelli (Debevoise & Plimpton LLP)
to Judge Platt requesting briefing schedule on orders to show causeLetter
MOTION for Hearing re 398
Unsigned Order to Show Cause, 400 Unsigned Order
to Show Cause,,, Letter from Carl Micarelli (Debevoise & Plimpton LLP)
to Judge Platt requesting briefing schedule on orders to show cause /
Letter from Carl Micarelli (Debevoise & Plimpton LLP) to Judge Platt in
response to Plaintiffs' letter dated 8/5/09 (Document Number 404). filed by Metlife, Inc., Metropolitan Life Insurance Co..
(Micarelli, Carl) (Entered: 08/05/2009) |
|
|
08/06/2009 |
MOTION
for Leave to Appear Pro Hac Vice by Teresa W. Roseborough Filing fee $
25, receipt number 0207-3670559. by Metlife, Inc.,
Metropolitan Life Insurance Co.. (Attachments: # 1 Affidavit of
Michael Schaper. Esq., # 2 Affidavit of
Teresa W. Roseborough, # 3 Proposed Order)
(Schaper, Michael) (Entered: 08/06/2009) |
|
|
08/06/2009 |
MEMORANDUM
& ORDER: SO ORDERED that the Court reopens discovery in this matter for
the limited purpose of resolving questions related to the alleged conflict of
interest concerning MetLife's counsel, Debevoise & Plimpton. Ordered by
Senior Judge Thomas C. Platt on 8/6/2009. (Glueckert, Lisa) (Entered:
08/07/2009) |
|
|
08/06/2009 |
ORDER
TO SHOW CAUSE: SO ORDERED that the plaintiffs shall show cause why an order
should not issue Precluding plaintiffs from calling defts' litigation counsel
Carl Micarelli as a witness at trial; or In the alternative, (a) permitting
Mr. Micarelli to be present in the courtroom during trial despite being
listed as a witness, and/or (b) requiring plaintiffs to call Mr. Micarelli,
if at all, as their first witness; and Granting defts such other and further
relief as may be just and proper. FURTHER ORDERED that service of a copy of
this order and the papers upon which it is made, on or before 8/7/2009 by
Electronic Case Filing or personal delivery to the offices of the plaintiffs'
counsel, shall be deemed good and sufficient service thereof. FURTHER ORDERED
that any opposing papers shall be served so as to be received by defts'
counsel on or before 8/18/2009. FURTHER ORDERED that any reply papers shall
be served so as to be received by plaintiffs' counsel on or before 8/25/2009.
Show Cause Hearing set for 8/31/2009 at 9:30 AM in Courtroom 1040 before
Senior Judge Thomas C. Platt. Ordered by Senior Judge Thomas C. Platt on
8/6/2009. (Glueckert, Lisa) (Entered: 08/07/2009) |
|
|
08/07/2009 |
Letter
to Judge Platt of behalf of all parties submitting (i) final jury
questionnaire incorporating the Court's changes and (ii) case summary by
Mary A. Devito, Michael A. Giannattasio, Martin Gold, Kevin L. Hyms, Harry S.
Purnell, III, Kathy Vanderveur (Attachments: # 1 Exhibit 1 Final
Jury Questionnaire, # 2
Exhibit 2 Case Summary) (Stamell, Jared) (Entered: 08/07/2009) |
|
|
08/10/2009 |
Letter
to Judge Platt on behalf of all parties submitting document combining
final jury questionnaire and final case summary by Mary A. Devito,
Michael A. Giannattasio, Martin Gold, Kevin L. Hyms, Darren F. Murray, Harry
S. Purnell, III, Kathy Vanderveur (Attachments: # 1 Exhibit Combined
Jury Questionnaire and Case Summary) (Stamell, Jared) (Entered: 08/10/2009) |
|
|
08/11/2009 |
ORDER
granting 406
Motion for Leave to Appear Pro Hac Vice. Attorney Teresa W. Roseborough is
permitted to argue or try this case in whole or in part as counsel or
advocate. By August 25, 2009, Ms. Roseborough shall register for ECF.
Registration is available online at the EDNY's homepage. Once registered, Ms.
Roseborough shall file a notice of appearance and ensure that she receives
electronic notification of activity in this case. (Entered: 08/11/2009) |
|
|
08/17/2009 |
MOTION
in Limine (No.1) to Exclude Evidence of Claims Not Asserted in the Second
Amended Complaint by Metlife, Inc., Metropolitan Life Insurance Co.. (Attachments: # 1 Certificate of
Service) (Micarelli, Carl) (Entered: 08/17/2009) |
|
|
08/17/2009 |
MEMORANDUM
in Support re 412
MOTION in Limine (No.1) to Exclude Evidence of Claims Not Asserted in the
Second Amended Complaint filed by Metlife, Inc., Metropolitan Life
Insurance Co.. (Micarelli, Carl) (Entered:
08/17/2009) |
|
|
08/17/2009 |
AFFIDAVIT/DECLARATION
in Support re 412
MOTION in Limine (No.1) to Exclude Evidence of Claims Not Asserted in the
Second Amended Complaint filed by Metlife, Inc., Metropolitan Life
Insurance Co.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)
(Micarelli, Carl) (Entered: 08/17/2009) |
|
|
08/17/2009 |
MOTION
in Limine (No. 2) to Exclude Documents and Depositions Obtained in
Discovery in the Rabouin Action by Metlife, Inc., Metropolitan Life
Insurance Co.. (Attachments: # 1 Memorandum in
Support, # 2
Declaration of Carl Micarelli in Support, # 3 Exhibit A to
Micarelli Declaration, # 4 Exhibit B to
Micarelli Declaration, # 5 Exhibit C to
Micarelli Declaration, # 6 Certificate of
Service) (Micarelli, Carl) (Entered: 08/17/2009) |
|
|
08/17/2009 |
MOTION
in Limine (No. 3) to Exclude Deposition Testimony of Non-Party Available
Witnesses by Metlife, Inc., Metropolitan Life Insurance Co..
(Attachments: # 1
Memorandum in Support, # 2 Declaration of
Carl Micarelli in Support, # 3 Exhibit A to
Micarelli Declaration, # 4 Exhibit B to
Micarelli Declaration, # 5 Exhibit C to
Micarelli Declaration, # 6 Exhibit D to
Micarelli Declaration, # 7 Exhibit E to
Micarelli Declaration, # 8 Exhibit F to
Micarelli Declaration, # 9 Exhibit G to
Micarelli Declaration, # 10 Exhibit H to
Micarelli Declaration, # 11 Exhibit I to
Micarelli Declaration, # 12 Exhibit J to
Micarelli Declaration, # 13 Certificate of
Service) (Micarelli, Carl) (Entered: 08/17/2009) |
|
|
08/17/2009 |
MOTION
in Limine (No. 4) to Exclude Testimony of Plaintiffs' Proposed Expert
Witnesses Robert F. Reilly, Robert E. Wilcox, and Carl M. Harris by
Metlife, Inc., Metropolitan Life Insurance Co..
(Attachments: # 1
Memorandum in Support, # 2 Declaration of
Carl Micarelli in Support, # 3 Exhibit A to
Micarelli Declaration, # 4 Exhibit B to
Micarelli Declaration, # 5 Exhibit C to
Micarelli Declaration, # 6 Exhibit D to
Micarelli Declaration, # 7 Exhibit E to
Micarelli Declaration, # 8 Exhibit F to
Micarelli Declaration, # 9 Exhibit G to
Micarelli Declaration, # 10 Exhibit H to
Micarelli Declaration, # 11 Exhibit I to
Micarelli Declaration, # 12 Exhibit J to
Micarelli Declaration, # 13 Exhibit K to
Micarelli Declaration, # 14 Exhibit L to
Micarelli Declaration, # 15 Exhibit M to
Micarelli Declaration, # 16 Exhibit N to
Micarelli Declaration, # 17 Exhibit O to
Micarelli Declaration, # 18 Exhibit P to
Micarelli Declaration, # 19 Exhibit Q to
Micarelli Declaration, # 20 Exhibit R to
Micarelli Declaration, # 21 Certificate of
Service) (Micarelli, Carl) (Entered: 08/17/2009) |
|
|
08/17/2009 |
MOTION
in Limine (No. 5) to Exclude Late-Submitted Expert Reports and Other
Irrelevant Documents and Testimony Pertaining to Reinsurance Transactions in
2007 by Metlife, Inc., Metropolitan Life Insurance Co..
(Attachments: # 1
Memorandum in Support, # 2 Declaration of
Carl Micarelli in Support, # 3 Exhibit A to
Micarelli Declaration, # 4 Exhibit B to
Micarelli Declaration, # 5 Exhibit C to
Micarelli Declaration, # 6 Exhibit D to
Micarelli Declaration, # 7 Exhibit E to
Micarelli Declaration, # 8 Exhibit F to
Micarelli Declaration, # 9 Certificate of
Service) (Micarelli, Carl) (Entered: 08/17/2009) |
|
|
08/17/2009 |
MOTION
in Limine (No. 6) to Exclude Privileged Attorney-Client Communications
by Metlife, Inc., Metropolitan Life Insurance Co.. (Attachments: # 1 Memorandum in
Support, # 2
Declaration of Carl Micarelli in Support, # 3 Exhibit A to
Micarelli Declaration, # 4 Exhibit B to
Micarelli Declaration, # 5 Exhibit C to
Micarelli Declaration, # 6 Exhibit D to
Micarelli Declaration, # 7 Exhibit E to
Micarelli Declaration, # 8 Exhibit F to
Micarelli Declaration, # 9 Exhibit G to
Micarelli Declaration, # 10 Exhibit H to
Micarelli Declaration, # 11 Certificate of
Service) (Micarelli, Carl) (Entered: 08/17/2009) |
|
|
08/17/2009 |
MOTION
in Limine (No. 7) To Exclude Evidence Related to the New York City Real
Property Transfer Tax by Metlife, Inc., Metropolitan Life Insurance Co.. (Attachments: # 1 Memorandum in
Support, # 2
Declaration of Carl Micarelli in Support, # 3 Exhibit A to
Micarelli Declaration, # 4 Exhibit B to
Micarelli Declaration, # 5 Certificate of
Service) (Micarelli, Carl) (Entered: 08/17/2009) |
|
|
08/17/2009 |
MOTION
in Limine by Plaintiffs to Exclude Superintendent's Decision and Opinion
by Mary A. Devito, Michael A. Giannattasio, Martin Gold, Kevin L. Hyms,
Darren F. Murray, Harry S. Purnell, III, Kathy Vanderveur. (Attachments: # 1 Memorandum in
Support Plfs Motion in Limine re Superintendent's Opinion, # 2 Affidavit in
Support Affirmation, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Certificate of
Service) (Stamell, Jared) (Entered: 08/17/2009) |
|
|
08/17/2009 |
MOTION
in Limine by Plaintiffs to Exclude Policyholder Disclosures from Other
Demutualizations by Mary A. Devito, Michael A. Giannattasio, Kevin L.
Hyms, Darren F. Murray, Harry S. Purnell, III, Kathy Vanderveur.
(Attachments: # 1
Memorandum in Support, # 2 Affidavit in
Support, # 3
Exhibit 1-A to 1-G, # 4
Exhibit 2, # 5
Exhibit 3, # 6
Exhibit 4, # 7
Exhibit 5, # 8 Exhibit
6, # 9 Exhibit
7, # 10 Exhibit
8, # 11 Exhibit
9, # 12 Exhibit
10, # 13
Certificate of Service) (Stamell, Jared) (Entered: 08/17/2009) |
|
|
08/17/2009 |
MOTION
in Limine by Plaintiffs to Exclude Certain Opinions and Testimony of
Defendants' Expert Witnesses by Mary A. Devito, Michael A. Giannattasio,
Martin Gold, Kevin L. Hyms, Darren F. Murray, Harry S. Purnell, III, Kathy
Vanderveur. (Attachments: # 1 Memorandum in
Support, # 2
Affidavit in Support, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Certificate of
Service) (Stamell, Jared) (Entered: 08/17/2009) |
|
|
08/17/2009 |
MEMORANDUM
in Opposition re 412
MOTION in Limine (No.1) to Exclude Evidence of Claims Not Asserted in the
Second Amended Complaint Plaintiffs' Opposition to MetLife Motion in
Limine No. 1 filed by Mary A. Devito, Michael A. Giannattasio, Martin
Gold, Kevin L. Hyms, Darren F. Murray, Harry S. Purnell, III, Kathy
Vanderveur. (Attachments: # 1 Affidavit in
Opposition, # 2
Exhibit 1, # 3
Exhibit 2, # 4
Exhibit 3, # 5
Exhibit 4, # 6
Exhibit 5, # 7
Certificate of Service) (Stamell, Jared) (Entered: 08/17/2009) |
|
|
08/17/2009 |
MEMORANDUM
in Opposition re 415
MOTION in Limine (No. 2) to Exclude Documents and Depositions Obtained in
Discovery in the Rabouin Action MOTION in Limine (No. 2) to Exclude
Documents and Depositions Obtained in Discovery in the Rabouin Action Plaintiffs'
Opposition to MetLife Motion in Limine No. 2 filed by Mary A. Devito,
Michael A. Giannattasio, Martin Gold, Kevin L. Hyms, Darren F. Murray, Harry
S. Purnell, III, Kathy Vanderveur. (Attachments: # 1 Affidavit in
Opposition, # 2
Exhibit 1 (part 1 of 4), # 3 Exhibit 1 (part 2
of 4), # 4
Exhibit 1 (part 3 of 4), # 5 Exhibit 1 (part 4
of 4), # 6
Exhibit 2 (part 1 of 2), # 7 Exhibit 2 (part 2
of 2), # 8
Exhibit 3, # 9
Exhibit 4, # 10
Certificate of Service) (Stamell, Jared) (Entered: 08/17/2009) |
|
|
08/17/2009 |
MEMORANDUM
in Opposition re 416
MOTION in Limine (No. 3) to Exclude Deposition Testimony of Non-Party
Available Witnesses MOTION in Limine (No. 3) to Exclude Deposition
Testimony of Non-Party Available Witnesses MOTION in Limine (No. 3) to
Exclude Deposition Testimony of Non-Party Available Witnesses Plaintiffs'
Opposition to MetLife Motion in Limine No. 3 filed by Mary A. Devito,
Michael A. Giannattasio, Martin Gold, Kevin L. Hyms, Darren F. Murray, Harry
S. Purnell, III, Kathy Vanderveur. (Attachments: # 1 Affidavit in
Opposition, # 2
Exhibit 1, # 3
Exhibit 2, # 4 Exhibit
3, # 5 Exhibit
4, # 6 Exhibit
5, # 7
Certificate of Service) (Stamell, Jared) (Entered: 08/17/2009) |
|
|
08/17/2009 |
MEMORANDUM
in Opposition re 417
MOTION in Limine (No. 4) to Exclude Testimony of Plaintiffs' Proposed
Expert Witnesses Robert F. Reilly, Robert E. Wilcox, and Carl M. Harris
MOTION in Limine (No. 4) to Exclude Testimony of Plaintiffs' Proposed
Expert Witnesses Robert F. Reilly, Robert E. Wilcox, and Carl M. Harris
MOTION in Limine (No. 4) to Exclude Testimony of Plaintiffs' Proposed
Expert Witnesses Robert F. Reilly, Robert E. Wilcox, and Carl M. Harris
MOTION in Limine (No. 4) to Exclude Testimony of Plaintiffs' Proposed
Expert Witnesses Robert F. Reilly, Robert E. Wilcox, and Carl M. Harris
MOTION in Limine (No. 4) to Exclude Testimony of Plaintiffs' Proposed
Expert Witnesses Robert F. Reilly, Robert E. Wilcox, and Carl M. Harris Plaintiffs'
Opposition to MetLife Motion in Limine No. 4 filed by Mary A. Devito,
Michael A. Giannattasio, Martin Gold, Kevin L. Hyms, Darren F. Murray, Harry
S. Purnell, III, Kathy Vanderveur. (Attachments: # 1 Affidavit in
Opposition, # 2
Exhibit 1, # 3
Exhibit 2, # 4
Exhibit 3, # 5
Exhibit 4, # 6
Exhibit 5, # 7
Certificate of Service) (Stamell, Jared) (Entered: 08/17/2009) |
|
|
08/17/2009 |
MEMORANDUM
in Opposition re 418
MOTION in Limine (No. 5) to Exclude Late-Submitted Expert Reports and
Other Irrelevant Documents and Testimony Pertaining to Reinsurance
Transactions in 2007 MOTION in Limine (No. 5) to Exclude
Late-Submitted Expert Reports and Other Irrelevant Documents and Testimony
Pertaining to Reinsurance Transactions in 2007 MOTION in Limine (No.
5) to Exclude Late-Submitted Expert Reports and Other Irrelevant Documents
and Testimony Pertaining to Reinsurance Transactions in 2007 -
Plaintiffs' Opposition to MetLife Motion in Limine No. 5 filed by Mary A.
Devito, Michael A. Giannattasio, Martin Gold, Kevin L. Hyms, Darren F.
Murray, Harry S. Purnell, III, Kathy Vanderveur. (Attachments: # 1 Affidavit in
Opposition, # 2
Exhibit 1, # 3
Exhibit 2, # 4
Exhibit 3, # 5
Exhibit 4, # 6
Certificate of Service) (Stamell, Jared) (Entered: 08/17/2009) |
|
|
08/17/2009 |
MEMORANDUM
in Opposition re 419
MOTION in Limine (No. 6) to Exclude Privileged Attorney-Client
Communications MOTION in Limine (No. 6) to Exclude Privileged
Attorney-Client Communications MOTION in Limine (No. 6) to Exclude
Privileged Attorney-Client Communications - Plaintiffs' Opposition to
MetLife Motion in Limine No. 6 filed by Mary A. Devito, Michael A.
Giannattasio, Martin Gold, Kevin L. Hyms, Darren F. Murray, Harry S. Purnell,
III, Kathy Vanderveur. (Attachments: # 1 Affidavit in
Opposition, # 2
Exhibit 1, # 3
Exhibit 2, # 4
Exhibit 3, # 5
Exhibit 4, # 6
Exhibit 5, # 7
Certificate of Service) (Stamell, Jared) (Entered: 08/17/2009) |
|
|
08/17/2009 |
MEMORANDUM
in Opposition re 420
MOTION in Limine (No. 7) To Exclude Evidence Related to the New York City
Real Property Transfer Tax MOTION in Limine (No. 7) To Exclude
Evidence Related to the New York City Real Property Transfer Tax -
Plaintiffs' Opposition to MetLife Motion in Limine No. 7 filed by Mary A.
Devito, Michael A. Giannattasio, Martin Gold, Kevin L. Hyms, Darren F.
Murray, Harry S. Purnell, III, Kathy Vanderveur. (Attachments: # 1 Affidavit in
Opposition, # 2
Exhibit 1, # 3
Exhibit 2, # 4
Exhibit 3, # 5
Exhibit 4, # 6
Exhibit 5, # 7
Exhibit 6, # 8
Exhibit 7, # 9
Certificate of Service) (Stamell, Jared) (Entered: 08/17/2009) |
|
|
08/17/2009 |
MEMORANDUM
in Opposition re 421
MOTION in Limine by Plaintiffs to Exclude Superintendent's Decision and
Opinion / Defendants' Memorandum of Law in Opposition to Plaintiffs'
Motion in Limine to Exclude the Superintendent's Opinion filed by
Metlife, Inc., Metropolitan Life Insurance Co.. (Attachments: # 1 Coakley
Declaration, # 2
Exhibit A to Coakley Declaration, # 3 Exhibit B to
Coakley Declaration, # 4 Exhibit C to
Coakley Declaration, # 5 Exhibit D to
Coakley Declaration, # 6 Exhibit E to
Coakley Declaration, # 7 Exhibit F to
Coakley Declaration, # 8 Exhibit G to
Coakley Declaration, # 9 Exhibit H to Coakley
Declaration, # 10
Exhibit I to Coakley Declaration, # 11 Certificate of
Service) (Micarelli, Carl) (Entered: 08/17/2009) |
|
|
08/17/2009 |
MEMORANDUM
in Opposition re 422
MOTION in Limine by Plaintiffs to Exclude Policyholder Disclosures from
Other Demutualizations / Defendants' Memorandum of Law in Opposition
to Plaintiffs' Motion in Limine to Exclude Policyholder Disclosures from
Other Demutualizations filed by Metlife, Inc., Metropolitan Life
Insurance Co.. (Attachments: # 1 Kraybill
Declaration, # 2
Exhibit A to Kraybill Declaration, # 3 Exhibit B to
Kraybill Declaration, # 4 Exhibit C to
Kraybill Declaration, # 5 Exhibit D to
Kraybill Declaration, # 6 Exhibit E to
Kraybill Declaration, # 7 Exhibit F to
Kraybill Declaration, # 8 Exhibit G to
Kraybill Declaration, # 9 Exhibit H to
Kraybill Declaration, # 10 Exhibit I to
Kraybill Declaration, # 11 Exhibit J to
Kraybill Declaration, # 12 Exhibit K to
Kraybill Declaration, # 13 Exhibit L to
Kraybill Declaration, # 14 Exhibit M to
Kraybill Declaration, # 15 Exhibit N to
Kraybill Declaration, # 16 Exhibit O to
Kraybill Declaration, # 17 Exhibit P to
Kraybill Declaration, # 18 Exhibit Q to
Kraybill Declaration, # 19 Exhibit R to
Kraybill Declaration, # 20 Exhibit S to
Kraybill Declaration, # 21 Dunham
Declaration, # 22
Harwood Declaration, # 23 Certificate of
Service) (Micarelli, Carl) (Entered: 08/17/2009) |
|
|
08/17/2009 |
MEMORANDUM
in Opposition re 423
MOTION in Limine by Plaintiffs to Exclude Certain Opinions and Testimony
of Defendants' Expert Witnesses / Defendants' Memorandum of Law in
Opposition to Plaintiffs' Motion in Limine to Exclude Certain Expert Opinions
and Testimony filed by Metlife, Inc., Metropolitan Life Insurance Co..
(Attachments: # 1
Calman Declaration, # 2
Exhibit A to Calman Declaration, # 3 Exhibit B to
Calman Declaration, # 4
Exhibit C (Part 1) to Calman Declaration, # 5 Exhibit C (Part
2) to Calman Declaration, # 6 Exhibit C (Part
3) to Calman Declaration, # 7 Exhibit C (Part
4) to Calman Declaration, # 8 Exhibit D to
Calman Declaration, # 9
Exhibit E to Calman Declaration, # 10 Exhibit F to
Calman Declaration, # 11
Exhibit G to Calman Declaration, # 12 Exhibit H to
Calman Declaration, # 13
Exhibit I to Calman Declaration, # 14 Certificate of
Service) (Micarelli, Carl) (Entered: 08/17/2009) |
|
|
08/17/2009 |
Letter
MOTION for Hearing re 421
MOTION in Limine by Plaintiffs to Exclude Superintendent's Decision and
Opinion, 415
MOTION in Limine (No. 2) to Exclude Documents and Depositions Obtained in
Discovery in the Rabouin Action MOTION in Limine (No. 2) to Exclude
Documents and Depositions Obtained in Discovery in the Rabouin Action, 416 MOTION in
Limine (No. 3) to Exclude Deposition Testimony of Non-Party Available
Witnesses MOTION in Limine (No. 3) to Exclude Deposition Testimony of
Non-Party Available Witnesses MOTION in Limine (No. 3) to Exclude
Deposition Testimony of Non-Party Available Witnesses, 418 MOTION in
Limine (No. 5) to Exclude Late-Submitted Expert Reports and Other
Irrelevant Documents and Testimony Pertaining to Reinsurance Transactions in
2007 MOTION in Limine (No. 5) to Exclude Late-Submitted Expert Reports
and Other Irrelevant Documents and Testimony Pertaining to Reinsurance
Transactions in 2007 MOTION in Limine (No. 5) to Exclude
Late-Submitted Expert Reports and Other Irrelevant Documents and Testimony
Pertaining to Reinsurance Transactions in 2007, 417 MOTION in
Limine (No. 4) to Exclude Testimony of Plaintiffs' Proposed Expert
Witnesses Robert F. Reilly, Robert E. Wilcox, and Carl M. Harris MOTION
in Limine (No. 4) to Exclude Testimony of Plaintiffs' Proposed Expert
Witnesses Robert F. Reilly, Robert E. Wilcox, and Carl M. Harris MOTION
in Limine (No. 4) to Exclude Testimony of Plaintiffs' Proposed Expert
Witnesses Robert F. Reilly, Robert E. Wilcox, and Carl M. Harris MOTION
in Limine (No. 4) to Exclude Testimony of Plaintiffs' Proposed Expert
Witnesses Robert F. Reilly, Robert E. Wilcox, and Carl M. Harris MOTION
in Limine (No. 4) to Exclude Testimony of Plaintiffs' Proposed Expert
Witnesses Robert F. Reilly, Robert E. Wilcox, and Carl M. Harris, 419 MOTION in
Limine (No. 6) to Exclude Privileged Attorney-Client Communications
MOTION in Limine (No. 6) to Exclude Privileged Attorney-Client
Communications MOTION in Limine (No. 6) to Exclude Privileged
Attorney-Client Communications, 420 MOTION in
Limine (No. 7) To Exclude Evidence Related to the New York City Real
Property Transfer Tax MOTION in Limine (No. 7) To Exclude Evidence
Related to the New York City Real Property Transfer Tax, 423 MOTION in
Limine by Plaintiffs to Exclude Certain Opinions and Testimony of
Defendants' Expert Witnesses, 412 MOTION in
Limine (No.1) to Exclude Evidence of Claims Not Asserted in the Second
Amended Complaint, 422 MOTION in
Limine by Plaintiffs to Exclude Policyholder Disclosures from Other
Demutualizations /Letter Motion for Hearing on Motions in Limine
by Metlife, Inc., Metropolitan Life Insurance Co.. (Micarelli, Carl)
(Entered: 08/17/2009) |
|
|
08/18/2009 |
MEMORANDUM
in Opposition re 408
Order to Show Cause,,,, Plaintiffs' Opposition to MetLife's Motion by OTSC
to Preclude Testimony of Carl Micarelli filed by Mary A. Devito, Michael
A. Giannattasio, Martin Gold, Kevin L. Hyms, Darren F. Murray, Harry S.
Purnell, III, Kathy Vanderveur. (Attachments: # 1 Affidavit in
Opposition Stamell Affirmation, # 2 Exhibit 1 to
Stamell Affirmation, # 3 Exhibit 2 to
Stamell Affirmation, # 4 Exhibit 3 to
Stamell Affirmation, # 5 Exhibit 4 to
Stamell Affirmation) (Stamell, Jared) (Entered: 08/18/2009) |
|
|
08/18/2009 |
MEMORANDUM
in Opposition re 403
Order to Show Cause,,, / CORRECTED FILING/
Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion to
Disqualify Debevoise & Plimpton LLP filed by Metlife, Inc.,
Metropolitan Life Insurance Co.. (Attachments: # 1 Declaration of
Bruce A. Green, # 2
Exhibit A to Declaration of Bruce A. Green, # 3 Declaration of Wolcott
B. Dunham, Jr., # 4
Declaration of Michael J. Beam, # 5 Exhibit 1 to
Declaration of Michael J. Beam, # 6 Exhibit 2 to
Declaration of Michael J. Beam, # 7 Exhibit 3 to
Declaration of Michael J. Beam, # 8 Exhibit 4 to
Declaration of Michael J. Beam, # 9 Exhibit 5 to
Declaration of Michael J. Beam, # 10 Exhibit 6 to
Declaration of Michael J. Beam) (Yannett, Bruce) (Entered: 08/18/2009) |
|
|
08/19/2009 |
|
Incorrect
Document/Entry Information. The Memorandum in Opposition to the 403 Order to Show
Cause filed as doc. # 436 has been deleted pursuant to the request of Carl
Micarelli of Debevoise & Plimpton LLP. The Corrected Memorandum in
Opposition has been refiled as doc. # 437. (Mahon, Cinthia) (Entered:
08/19/2009) |
|
08/19/2009 |
Letter
MOTION for Hearing re 408
Order to Show Cause,,,, / Letter Motion for
Evidentiary Hearing by Metlife, Inc., Metropolitan Life Insurance Co..
(Yannett, Bruce) (Entered: 08/19/2009) |
|
|
08/20/2009 |
Letter
MOTION for Hearing re 408
Order to Show Cause,,,, 438 Letter MOTION
for Hearing re 408
Order to Show Cause,,,, / Letter Motion for Evidentiary Hearing /
[Corrected] Letter Motion for Evidentiary Hearing by Metlife, Inc.,
Metropolitan Life Insurance Co.. (Yannett, Bruce) (Entered: 08/20/2009) |
|
|
08/20/2009 |
RESPONSE
in Opposition re 434
Letter MOTION for Hearing re 421 MOTION in
Limine by Plaintiffs to Exclude Superintendent's Decision and Opinion,
415 MOTION in
Limine (No. 2) to Exclude Documents and Depositions Obtained in Discovery
in the Rabouin Action MOTIONLetter MOTION for Hearing re 421 MOTION in
Limine by Plaintiffs to Exclude Superintendent's Decision and Opinion,
415 MOTION in
Limine (No. 2) to Exclude Documents and Depositions Obtained in Discovery
in the Rabouin Action MOTIONLetter MOTION for Hearing re 421 MOTION in
Limine by Plaintiffs to Exclude Superintendent's Decision and Opinion,
415 MOTION in
Limine (No. 2) to Exclude Documents and Depositions Obtained in Discovery
in the Rabouin Action MOTIONLetter MOTION for Hearing re 421 MOTION in
Limine by Plaintiffs to Exclude Superintendent's Decision and Opinion,
415 MOTION in
Limine (No. 2) to Exclude Documents and Depositions Obtained in Discovery
in the Rabouin Action MOTIONLetter MOTION for Hearing re 421 MOTION in
Limine by Plaintiffs to Exclude Superintendent's Decision and Opinion,
415 MOTION in
Limine (No. 2) to Exclude Documents and Depositions Obtained in Discovery
in the Rabouin Action MOTIONLetter MOTION for Hearing re 421 MOTION in
Limine by Plaintiffs to Exclude Superintendent's Decision and Opinion,
415 MOTION in
Limine (No. 2) to Exclude Documents and Depositions Obtained in Discovery
in the Rabouin Action MOTIONLetter MOTION for Hearing re 421 MOTION in
Limine by Plaintiffs to Exclude Superintendent's Decision and Opinion,
415 MOTION in
Limine (No. 2) to Exclude Documents and Depositions Obtained in Discovery
in the Rabouin Action MOTIONLetter MOTION for Hearing re 421 MOTION in
Limine by Plaintiffs to Exclude Superintendent's Decision and Opinion,
415 MOTION in
Limine (No. 2) to Exclude Documents and Depositions Obtained in Discovery
in the Rabouin Action MOTIONLetter MOTION for Hearing re 421 MOTION in
Limine by Plaintiffs to Exclude Superintendent's Decision and Opinion,
415 MOTION in
Limine (No. 2) to Exclude Documents and Depositions Obtained in Discovery
in the Rabouin Action MOTIONLetter MOTION for Hearing re 421 MOTION in
Limine by Plaintiffs to Exclude Superintendent's Decision and Opinion,
415 MOTION in
Limine (No. 2) to Exclude Documents and Depositions Obtained in Discovery
in the Rabouin Action MOTIONLetter MOTION for Hearing re 421 MOTION in
Limine by Plaintiffs to Exclude Superintendent's Decision and Opinion,
415 MOTION in
Limine (No. 2) to Exclude Documents and Depositions Obtained in Discovery
in the Rabouin Action MOTIONLetter MOTION for Hearing re 421 MOTION in
Limine by Plaintiffs to Exclude Superintendent's Decision and Opinion,
415 MOTION in
Limine (No. 2) to Exclude Documents and Depositions Obtained in Discovery
in the Rabouin Action MOTION, 439 Letter MOTION
for Hearing re 408
Order to Show Cause,,,, 438 Letter MOTION
for Hearing re 408
Order to Show Cause,,,, / Letter Motion for Evidentiary Hearing /
[Corrected] Letter Motion for Evidentiary HearingLetter MOTION for
Hearing re 408
Order to Show Cause,,,, 438 Letter MOTION
for Hearing re 408
Order to Show Cause,,,, / Letter Motion for Evidentiary Hearing /
[Corrected] Letter Motion for Evidentiary Hearing, 438 Letter MOTION
for Hearing re 408
Order to Show Cause,,,, / Letter Motion for Evidentiary Hearing -Plaintiffs'
Response in Oppostion to MetLife Requests for Evidentiary Hearing and Oral
Argument filed by Mary A. Devito, Michael A. Giannattasio, Martin Gold,
Kevin L. Hyms, Darren F. Murray, Harry S. Purnell, III, Kathy Vanderveur.
(Stamell, Jared) (Entered: 08/20/2009) |
|
|
08/24/2009 |
REPLY
in Support re 412
MOTION in Limine (No.1) to Exclude Evidence of Claims Not Asserted in the
Second Amended Complaint filed by Metlife, Inc., Metropolitan Life
Insurance Co.. (Attachments: # 1 Reply Declaration
of Carl Micarelli, # 2
Exhibit G to Carl Micarelli's Declaration) (Micarelli, Carl) (Entered:
08/24/2009) |
|
|
08/24/2009 |
REPLY
in Support re 415
MOTION in Limine (No. 2) to Exclude Documents and Depositions Obtained in
Discovery in the Rabouin Action MOTION in Limine (No. 2) to Exclude
Documents and Depositions Obtained in Discovery in the Rabouin Action
filed by Metlife, Inc., Metropolitan Life Insurance Co.. (Attachments: # 1 Reply Declaration
of Carl Micarelli, # 2
Exhibit D to Carl Micarelli's Reply Declaration) (Micarelli, Carl) (Entered:
08/24/2009) |
|
|
08/24/2009 |
REPLY
in Support re 416
MOTION in Limine (No. 3) to Exclude Deposition Testimony of Non-Party
Available Witnesses MOTION in Limine (No. 3) to Exclude Deposition
Testimony of Non-Party Available Witnesses MOTION in Limine (No. 3) to
Exclude Deposition Testimony of Non-Party Available Witnesses filed by
Metlife, Inc., Metropolitan Life Insurance Co.. (Micarelli, Carl) (Entered:
08/24/2009) |
|
|
08/24/2009 |
Letter
- Plaintiffs' Statement of Damages Pursuant to Court's Individual
Practices, Section 3.B.ii by Mary A. Devito, Michael A. Giannattasio,
Martin Gold, Kevin L. Hyms, Darren F. Murray, Harry S. Purnell, III, Kathy
Vanderveur (Stamell, Jared) (Entered: 08/24/2009) |
|
|
08/24/2009 |
REPLY
in Support re 421
MOTION in Limine by Plaintiffs to Exclude Superintendent's Decision and
Opinion - Plaintiffs' Reply in Support of Motion to Exclude
Superintendent's Opinion filed by Mary A. Devito, Michael A.
Giannattasio, Martin Gold, Kevin L. Hyms, Darren F. Murray, Harry S. Purnell,
III, Kathy Vanderveur. (Stamell, Jared) (Entered: 08/24/2009) |
|
|
08/24/2009 |
REPLY
in Support re 418
MOTION in Limine (No. 5) to Exclude Late-Submitted Expert Reports and
Other Irrelevant Documents and Testimony Pertaining to Reinsurance
Transactions in 2007 MOTION in Limine (No. 5) to Exclude
Late-Submitted Expert Reports and Other Irrelevant Documents and Testimony
Pertaining to Reinsurance Transactions in 2007 MOTION in Limine (No.
5) to Exclude Late-Submitted Expert Reports and Other Irrelevant Documents
and Testimony Pertaining to Reinsurance Transactions in 2007 filed by
Metlife, Inc., Metropolitan Life Insurance Co.. (Micarelli, Carl) (Entered:
08/24/2009) |
|
|
08/24/2009 |
REPLY
in Support re 419
MOTION in Limine (No. 6) to Exclude Privileged Attorney-Client
Communications MOTION in Limine (No. 6) to Exclude Privileged Attorney-Client
Communications MOTION in Limine (No. 6) to Exclude Privileged
Attorney-Client Communications filed by Metlife, Inc., Metropolitan Life
Insurance Co.. (Micarelli, Carl) (Entered:
08/24/2009) |
|
|
08/24/2009 |
REPLY
in Support re 420
MOTION in Limine (No. 7) To Exclude Evidence Related to the New York City
Real Property Transfer Tax MOTION in Limine (No. 7) To Exclude
Evidence Related to the New York City Real Property Transfer Tax filed by
Metlife, Inc., Metropolitan Life Insurance Co.. (Attachments: # 1 Reply Declaration
of Carl Micarelli, # 2
Exhibit C To The Reply Declaration of Carl Micarelli, # 3 Exhibit D To The
Reply Declaration of Carl Micarelli, # 4 Exhibit E To The
Reply Declaration Of Carl Micarelli, # 5 Exhibit F To The
Reply Declaration Of Carl Micarelli, # 6 Exhibit G To The
Reply Declaration Of Carl Micarelli, # 7 Exhibit H To The
Reply Declaration Of Carl Micarelli, # 8 Exhibit I To The
Reply Declaration Of Carl Micarelli) (Micarelli, Carl) (Entered: 08/24/2009) |
|
|
08/24/2009 |
REPLY
in Support re 417
MOTION in Limine (No. 4) to Exclude Testimony of Plaintiffs' Proposed
Expert Witnesses Robert F. Reilly, Robert E. Wilcox, and Carl M. Harris
MOTION in Limine (No. 4) to Exclude Testimony of Plaintiffs' Proposed
Expert Witnesses Robert F. Reilly, Robert E. Wilcox, and Carl M. Harris
MOTION in Limine (No. 4) to Exclude Testimony of Plaintiffs' Proposed
Expert Witnesses Robert F. Reilly, Robert E. Wilcox, and Carl M. Harris
MOTION in Limine (No. 4) to Exclude Testimony of Plaintiffs' Proposed
Expert Witnesses Robert F. Reilly, Robert E. Wilcox, and Carl M. Harris
MOTION in Limine (No. 4) to Exclude Testimony of Plaintiffs' Proposed
Expert Witnesses Robert F. Reilly, Robert E. Wilcox, and Carl M. Harris
filed by Metlife, Inc., Metropolitan Life Insurance Co.. (Attachments: # 1 Reply Declaration
Of Carl Micarelli, # 2
Exhibit S To The Reply Declaration Of Carl Micarelli, # 3 Exhibit T To The
Reply Declaration Of Carl Micarelli, # 4 Exhibit U To The
Reply Declaration Of Carl Micarelli, # 5 Exhibit V To The
Reply Declaration Of Carl Micarelli, # 6 Exhibit W To The
Reply Declaration Of Carl Micarelli) (Micarelli, Carl) (Entered: 08/24/2009) |
|
|
08/25/2009 |
NOTICE
of Appearance by Teresa W. Roseborough on behalf of Metlife, Inc.,
Metropolitan Life Insurance Co. (aty to be noticed) (Roseborough, Teresa)
(Entered: 08/25/2009) |
|
|
08/25/2009 |
NOTICE
of Appearance by Kevin S Finnegan on behalf of Metlife, Inc., Metropolitan
Life Insurance Co. (aty to be noticed) (Finnegan, Kevin) (Entered:
08/25/2009) |
|
|
08/25/2009 |
MOTION
for Leave to Appear Pro Hac Vice by Mary A. Devito, Michael A. Giannattasio,
Kevin L. Hyms, Harry S. Purnell, III. (Attachments: # 1 Affidavit of
Joseph J. Tabacco in Support of Motion to Admit Daniel E. Barenbaum Pro Hac
Vice, # 2 Certificate
of Service) (Barenbaum, Daniel) Modified on 8/27/2009: fee paid (receipt
#4653004449) (Glueckert, Lisa). (Entered: 08/25/2009) |
|
|
08/25/2009 |
Letter
Motion to The Honorable Thomas C. Platt with respect to high-speed
Internet, live transcript and video feeds of trial proceedings and other
reliefs requested by Metlife, Inc., Metropolitan Life Insurance Co.
(Cantwell, Helen) (Entered: 08/25/2009) |
|
|
08/25/2009 |
REPLY
in Support re 403
Order to Show Cause,,, Plaintiffs' Reply in Support of Motion by OTSC to
Disqualify Debevoise & Plimpton LLP as Counsel filed by Mary A.
Devito, Michael A. Giannattasio, Martin Gold, Kevin L. Hyms, Darren F.
Murray, Harry S. Purnell, III, Kathy Vanderveur. (Attachments: # 1 Affidavit Stamell
Declaration, # 2
Exhibit 1, # 3
Exhibit 2, # 4
Exhibit 3) (Stamell, Jared) (Entered: 08/25/2009) |
|
|
08/25/2009 |
REPLY
in Support re 400
Unsigned Order to Show Cause,,, (Defendants' Reply Memorandum of Law in
Further Support of Their Motion by O/S/C to Preclude Plaintiffs from Calling
Carl Micarelli as a Witness at Trial or, in the alternative, to Permit Him to
be Present at Trial) filed by Metlife, Inc., Metropolitan Life Insurance
Co.. (Attachments: # 1
Reply Declaration of Duncan J. Logan (MetLife) in further support) (Schaper,
Michael) (Entered: 08/25/2009) |
|
|
08/27/2009 |
REPLY
in Opposition re 453
Letter Motion from Defendants Requesting Video in Courtroom filed by
Mary A. Devito, Michael A. Giannattasio, Martin Gold, Kevin L. Hyms, Darren
F. Murray, Harry S. Purnell, III, Kathy Vanderveur.
(Mandel, David) (Entered: 08/27/2009) |
|
|
08/27/2009 |
Letter
MOTION for Hearing / Letter from Carl Micarelli of Debevoise &
Plimpton LLP to Judge Platt requesting that objections to exhibits and
deposition designations be referred to Magistrate Judge Tomlinson by
Metlife, Inc., Metropolitan Life Insurance Co..
(Micarelli, Carl) (Entered: 08/27/2009) |
|
|
08/28/2009 |
ORDER
granting 452
Motion for Leave to Appear Pro Hac Vice. Attorney Daniel E. Barenbaum is
permitted to argue or try this case in whole or in part as counsel or
advocate. By September 11, 2009, Mr. Barenbaum shall register for ECF.
Registration is available online at the EDNY's homepage. Once registered, Mr.
Barenbaum shall file a notice of appearance and ensure that he receives
electronic notification of activity in this case. Ordered by Magistrate Judge
A. Kathleen Tomlinson on 8/28/2009. (Monaco, Laura) (Entered: 08/28/2009) |
|
|
08/28/2009 |
NOTICE
of Appearance by Daniel E. Barenbaum on behalf of Mary A. Devito, Michael A.
Giannattasio, Kevin L. Hyms, Harry S. Purnell, III (notification declined or
already on case) (Barenbaum, Daniel) (Entered: 08/28/2009) |
|
|
08/28/2009 |
Letter
MOTION for Leave to File Surreply Memorandum and Supporting Declarations
by Metlife, Inc., Metropolitan Life Insurance Co.. (Attachments: # 1 Defendants'
Surreply Memorandum of Law in Opposition to Plaintiffs' Motion to Disqualify
Debevoise & Plimpton LLP, # 2 Declaration of
Colby A. Smith in Support of Defendants' Surreply, # 3 Declaration of
Erik Bierbauer in Support of Defendants' Surreply, # 4 Exhibit A to
Declaration of Erik Bierbauer, # 5 Exhibit B to
Declaration of Erik Bierbauer, # 6 Exhibit C to
Declaration of Erik Bierbauer) (Yannett, Bruce) (Entered: 08/28/2009) |
|
|
08/28/2009 |
STIPULATION
and [Proposed] Order Amending the Complaint by Metlife, Inc.,
Metropolitan Life Insurance Co. (Micarelli, Carl) (Entered: 08/28/2009) |
|
|
08/28/2009 |
Letter
from Michael Schaper to Karen McMorrow requesting that the Court allow a
projector to be brought into the courtroom for the hearing on August 31,2009. (Glueckert, Lisa) (Entered: 09/11/2009) |
|
|
08/31/2009 |
Letter
To Judge Platt Dated August 31, 2009 From Helen V. Cantwell With Attached
Parties' Agreed-Upon List Of 180 Jurors To Be Dismissed For Cause by
Metlife, Inc., Metropolitan Life Insurance Co. (Attachments: # 1 Exhibit
/Attachment. List of 180 jurors to be dismissed for cause) (Cantwell, Helen)
(Entered: 08/31/2009) |
|
|
08/31/2009 |
Letter
To Judge Platt Dated August 31, 2009 From Bruce E. Yannett With Attached
"Agent Orange" Case Discussed In Oral Argument by Metlife,
Inc., Metropolitan Life Insurance Co. (Attachments: # 1 Exhibit
/attachment ("Agent Orange" Second Circuit Decision Issued August
21, 1986)) (Yannett, Bruce) (Entered: 08/31/2009) |
|
|
08/31/2009 |
REPLY
in Support re 403
Order to Show Cause,,, Declaration of Jared B. Stamell and Exhibits 1-50
(of 105) in connection with Motion by OTSC to Disqualify Debevoise &
Plimpton filed by Mary A. Devito, Michael A. Giannattasio, Martin Gold,
Kevin L. Hyms, Darren F. Murray, Harry S. Purnell, III, Kathy Vanderveur.
(Attachments: # 1
1, # 2 2, # 3 3, # 4 4, # 5 5, # 6 6, # 7 7, # 8 8, # 9 9, # 10 10, # 11 11, # 12 12, # 13 13, # 14 14, # 15 15, # 16 16, # 17 17, # 18 18, # 19 19, # 20 20, # 21 21 p1, # 22 21 pt2, # 23 22 pt1, # 24 22 pt2, # 25 22 pt3, # 26 23, # 27 24, # 28 26, # 29 27, # 30 28, # 31 29 pt1, # 32 29 pt2, # 33 29 pt3, # 34 29 pt4, # 35 30, # 36 31, # 37 32, # 38 33 pt1, # 39 33 pt2, # 40 34, # 41 35, # 42 36, # 43 37, # 44 38, # 45 39, # 46 40, # 47 41, # 48 42, # 49 43, # 50 44, # 51 45, # 52 46, # 53 47, # 54 48, # 55 49, # 56 50, # 57 25) (Stamell,
Jared) (Entered: 08/31/2009) |
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08/31/2009 |
REPLY
in Support re 403
Order to Show Cause,,, Declaration of Jared B. Stamell and Exhibits 51-75
(of 105) in connection with Motion by OTSC to Disqualify Debevoise &
Plimpton filed by Mary A. Devito, Michael A. Giannattasio, Martin Gold,
Kevin L. Hyms, Darren F. Murray, Harry S. Purnell, III, Kathy Vanderveur.
(Attachments: # 1
51, # 2 52, # 3 53, # 4 54, # 5 55, # 6 56, # 7 57, # 8 58, # 9 59, # 10 60, # 11 61, # 12 62, # 13 63, # 14 64, # 15 65, # 16 66, # 17 67, # 18 68, # 19 69, # 20 70, # 21 71, # 22 72, # 23 73, # 24 74, # 25 75) (Stamell,
Jared) (Entered: 08/31/2009) |
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08/31/2009 |
REPLY
in Support re 403
Order to Show Cause,,, Declaration of Jared B. Stamell and Exhibits 76-105
(of 105) in connection with Motion by OTSC to Disqualify Debevoise &
Plimpton filed by Mary A. Devito, Michael A. Giannattasio, Martin Gold,
Kevin L. Hyms, Darren F. Murray, Harry S. Purnell, III, Kathy Vanderveur.
(Attachments: # 1
76, # 2 77, # 3 78, # 4 79, # 5 80, # 6 81, # 7 82, # 8 83, # 9 84 pt 1, # 10 84 pt 2, # 11 85 pt 1, # 12 85 pt 2, # 13 85 pt 3, # 14 86, # 15 87, # 16 88, # 17 89, # 18 90, # 19 91, # 20 92, # 21 93, # 22 94, # 23 95, # 24 96, # 25 97, # 26 98, # 27 99, # 28 100, # 29 101, # 30 102, # 31 103, # 32 104, # 33 105) (Stamell, Jared)
(Entered: 08/31/2009) |
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08/31/2009 |
|
Minute
Entry for proceedings held before Senior Judge Thomas C. Platt:Show Cause Hearing held on 8/31/2009. Jared Stamell and
Bruce Yannett present. Motion to disqualify Debevoise & Plimpton LLP
discussed. A record for the 2nd Circuit to consider should be filed.
Conference continued to 9/1/09. (Court Reporter Perry Auerbach.) (McMorrow,
Karen) (Entered: 09/01/2009) |
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09/01/2009 |
DECLARATION
re 403 Order to
Show Cause,,, / Declaration of Michael Schaper in Further Support of
Defendants' Opposition to Plaintiffs' Motion to Disqualify Debevoise &
Plimpton LLP (Part 1) by Metlife, Inc., Metropolitan Life Insurance Co.
(Attachments: # 1
Declaration of Bruce E. Yannett in Further Support of Defendants' Opposition
to Plaintiffs' Motion to Disqualify Debevoise & Plimpton LLP, # 2 Exhibit A to
Declaration of Bruce E. Yannett, # 3 Exhibit B to
Declaration of Bruce E. Yannett, # 4 Exhibit C (Part
1) to Declaration of Bruce E. Yannett, # 5 Exhibit C (Part
2) to Declaration of Bruce E. Yannett, # 6 Exhibit C (Part
3) to Declaration of Bruce E. Yannett, # 7 Exhibit C (Part
4) to Declaration of Bruce E. Yannett, # 8 Exhibit C (Part
5) to Declaration of Bruce E. Yannett, # 9 Exhibit C (Part
6) to Declaration of Bruce E. Yannett, # 10 Exhibit C (Part
7) to Declaration of Bruce E. Yannett, # 11 Exhibit C (Part
8) to Declaration of Bruce E. Yannett, # 12 Exhibit D (Part
1) to Declaration of Bruce E. Yannett, # 13 Exhibit D (Part
2) to Declaration of Bruce E. Yannett, # 14 Exhibit D (Part
3) to Declaration of Bruce E. Yannett, # 15 Exhibit D (Part
4) to Declaration of Bruce E. Yannett, # 16 Exhibit D (Part
5) to Declaration of Bruce E. Yannett, # 17 Exhibit E (Part
1) to Declaration of Bruce E. Yannett, # 18 Exhibit E (Part
2) to Declaration of Bruce E. Yannett, # 19 Exhibit E (Part
3) to Declaration of Bruce E. Yannett, # 20 Exhibit E (Part
4) to Declaration of Bruce E. Yannett, # 21 Exhibit F (Part
1) to Declaration of Bruce E. Yannett, # 22 Exhibit F (Part
2) to Declaration of Bruce E. Yannett, # 23 Exhibit G (Part
1) to Declaration of Bruce E. Yannett, # 24 Exhibit G (Part
2) to Declaration of Bruce E. Yannett, # 25 Exhibit G (Part
3) to Declaration of Bruce E. Yannett, # 26 Exhibit G (Part
4) to Declaration of Bruce E. Yannett, # 27 Exhibit G (Part
5) to Declaration of Bruce E. Yannett, # 28 Exhibit G (Part
6) to Declaration of Bruce E. Yannett, # 29 Exhibit G (Part
7) to Declaration of Bruce E. Yannett, # 30 Exhibit G (Part
8) to Declaration of Bruce E. Yannett, # 31 Exhibit G (Part
9) to Declaration of Bruce E. Yannett, # 32 Exhibit G (Part
10) to Declaration of Bruce E. Yannett, # 33 Exhibit G (Part
11) to Declaration of Bruce E. Yannett, # 34 Exhibit G (Part
12) to Declaration of Bruce E. Yannett, # 35 Exhibit G (Part
13) to Declaration of Bruce E. Yannett, # 36 Exhibit G (Part
14) to Declaration of Bruce E. Yannett, # 37 Exhibit G (Part
15) to Declaration of Bruce E. Yannett, # 38 Exhibit G (Part
16) to Declaration of Bruce E. Yannett, # 39 Exhibit G (Part
17) to Declaration of Bruce E. Yannett, # 40 Exhibit G (Part
18) to Declaration of Bruce E. Yannett, # 41 Exhibit G (Part
19) to Declaration of Bruce E. Yannett, # 42 Declaration of
John H. FitzSimons in Further Support of Defendants' Opposition to
Plaintiffs' Motion to Disqualify Debevoise & Plimpton LLP) (Schaper,
Michael) (Entered: 09/01/2009) |
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09/01/2009 |
DECLARATION
re 403 Order to
Show Cause,,, / Declaration of Michael Schaper in Further Support of
Defendants' Opposition to Plaintiffs' Motion to Disqualify Debevoise &
Plimpton LLP (Part 2) by Metlife, Inc., Metropolitan Life Insurance Co.
(Attachments: # 1
Declaration of Jeffrey J. Rosen in Further Support of Defendants' Opposition
to Plaintiffs' Motion to Disqualify Debevoise & Plimpton LLP, # 2 Declaration of
Kevin S. Finnegan in Further Support of Defendants' Opposition to Plaintiffs'
Motion to Disqualify Debevoise & Plimpton LLP, # 3 Exhibit A to
Declaration of Kevin S. Finnegan, # 4 Exhibit B to
Declaration of Kevin S. Finnegan) (Schaper, Michael) (Entered: 09/01/2009) |
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09/01/2009 |
|
Minute
Entry for proceedings held before Senior Judge Thomas C. Platt:Show Cause Hearing held on 9/1/2009. Jared Stamell and
Bruce Yannett present. Record for appellate review received. The court grants
plaintiff's motion to disqualify Debevoise & Plimpton LLP. The court
certifies the question to the Court of Appeals: Should Debevoise &
Plimpton LLP be disqualified from representing Met Life and present
shareholders in this case based on issues described in this court's opinion
found in 156 F. Supp 2nd 254 at pages 258 and 259. (Court Reporter Perry
Auerbach.) (McMorrow, Karen) Modified on 9/1/2009 (McMorrow, Karen).
(Entered: 09/01/2009) |
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09/01/2009 |
ORDER
re 403 Order to
Show Cause: Plaintiffs motion to disqualify Debevoise & Plimpton from
representing MetLife in the above-captioned action is hereby GRANTED. The
Court hereby certifies the following question for appeal:Should
Debevoise & Plimpton be disqualified from representing MetLife in this
case based on a conflict of interest. For a discussion of the causes of
action in this matter, see In Re: MetLife Demutualization Litigation, 156 F.
Supp. 2d 254, 258, et seq.. Ordered by Senior Judge
Thomas C. Platt on 9/1/2009. (McMorrow, Karen) (Entered: 09/01/2009) |
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09/03/2009 |
|
FILING
FEE for PETITION FOR PERMISSION TO APPEAL $ 455, receipt number 4653004941.
(Romano, Daniel) (Entered: 09/09/2009) |
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09/04/2009 |
ORDER
from the Court of Appeals. USCA No. 09-3716-cv. ORDERED: 1. The temporary
stay earlier issued by a single member of the Court is hereby confirmed, and
the decision and order of the United States District Court for the Eastern
District of New York (Hon. Thomas C. Platt, Jr., District Judge) to release
the jurors who have been summoned for proceedings in the case In re MetLife
Demutualization Litigation, Docket No. 00-cv-2258 is STAYED until further
order of the court. 2. Commencing Friday, September 4, 2009 and continuing
thereafter until the task is accomplished, the Clerks Office for the United
States District Court for the Eastern District of New York shall notify any
and all dismissed jurors by any available means, including, if necessary,
individual phone calls, of the following: (1) that the prior communication
from the Clerks Office notifying them that they were excused from jury
service was in error, (2) that each juror remains subject to the call of the
district court, and (3) that each juror shall not communicate with anyone
about the case. (Rec'd. via e-mail from the Circuit on 9/3/09 at 5:51 p.m.)
(Vaughn, Terry) (Jurors contacted by Clerk's Office on 9/4/09) Modified on
9/4/2009 (McMahon, Carol). (Entered: 09/04/2009) |
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09/04/2009 |
MOTION
for Leave to Appear Pro Hac Vice Kent Caperton by Kevin L. Hyms.
(Attachments: # 1
Affidavit in Support of motion, # 2 Exhibit
certificate of good standing, # 3 Proposed Order to
admit pro hac vice) (Stamell, Jared) (Entered: 09/04/2009) |
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09/08/2009 |
Letter
dated 9/8/09 from the Clerk to All Prospective Jurors, following up on the
telephone message they rec'd. on
9/4/09, advising them that they have not been excused from jury service.
(Vaughn, Terry) (Entered: 09/23/2009) |
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09/14/2009 |
NOTICE
of Appearance by Eric Harlan Newman on behalf of Mary A. Devito, Michael A.
Giannattasio, Kevin L. Hyms, Harry S. Purnell, III (aty to be noticed)
(Newman, Eric) (Entered: 09/14/2009) |
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09/16/2009 |
Mail
Returned as Undeliverable. Mail, jury duty letter, sent to Erik Molzcohn.
(Glueckert, Lisa) (Entered: 09/16/2009) |
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09/16/2009 |
MOTION
for Leave to Appear Pro Hac Vice of Justin N. Saif Filing fee $ 25,
receipt number 0207-3736126. by Mary A. Devito,
Michael A. Giannattasio, Kevin L. Hyms, Harry S. Purnell, III. (Block,
Jeffrey) (Entered: 09/16/2009) |
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09/18/2009 |
ORDER
granting 471
Motion for Leave to Appear Pro Hac Vice. Attorney Kent Caperton is permitted
to argue or try this case in whole or in part as counsel or advocate. By
October 2, 2009, Mr. Caperton shall register for ECF. Registration is
available online at the EDNY's homepage. Once registered, Mr. Caperton shall
file a notice of appearance and ensure that he receives electronic
notification of activity in this case. Mr. Caperton shall also ensure that
the $25 admission fee be submitted to the Clerk's Office. Ordered by
Magistrate Judge A. Kathleen Tomlinson on 9/18/2009. (Monaco, Laura)
(Entered: 09/18/2009) |
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09/22/2009 |
Letter
MOTION for Hearing /Conference for tomorrow to discuss unresolved issues
before trial by Metlife, Inc., Metropolitan Life Insurance Co.. (Yannett, Bruce) (Entered: 09/22/2009) |
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09/24/2009 |
USCA
MANDATE, issued 9/22/09, reversing the order of United States District Court,
Eastern District of New York, disqualifting Debevoise & Plimpton from
representing defendant, MetLife. It is further ordered that the stay of the
USCA, Second Circuit, remain in effect. USCA no.09-3716c-cv (Romano, Daniel)
Modified on 9/24/2009 (Romano, Daniel). (Additional attachment(s) added on
10/20/2009: # 1
Opinion) (McGee, Mary Ann). (Entered: 09/24/2009) |
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09/25/2009 |
ORDER
granting 475
Motion for Leave to Appear Pro Hac Vice. Attorney Justin N. Saif is permitted
to argue or try this case in whole or in part as counsel or advocate. By
October 9, 2009, Mr. Saif shall register for ECF. Registration is available
online at the EDNY's homepage. Once registered, Mr. Saif shall file a notice
of appearance and ensure that he receives electronic notification of activity
in this case. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/25/2009.
(Monaco, Laura) (Entered: 09/25/2009) |
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09/25/2009 |
NOTICE
of Appearance by Justin N. Saif on behalf of Mary A. Devito, Michael A.
Giannattasio, Kevin L. Hyms, Harry S. Purnell, III (aty to be noticed) (Saif,
Justin) (Entered: 09/25/2009) |
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09/25/2009 |
ORDER:
In accordance with the Second Circuit's order and mandate of 9/22/09, and due
to the unavailability of Judge Platt, counsel appeared before me today to
address the question framed by the Circuit, namely, "whether the jury
pool, or any portion thereof, which the parties have already spent significant
time and effort screening, should be discharged and replaced by a new pool of
jurors yet to be summonsed." We conclude that discharge of the existing
pool is, under the unique and unfortunate circumstances before us, the only
appropriate remedy. Accordingly, the Clerk's Office is directed to notify the
affected jurors that they are released from service. Because Yom Kippur
begins this weekend, we urge the Clerk's Office to effect
notice promptly. Ordered by Chief Judge Raymond J. Dearie on 9/25/2009.
(Chee, Alvin) (Entered: 09/25/2009) |
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09/25/2009 |
Minute
Entry for proceedings held before Chief Judge Raymond J. Dearie:Status Conference held on 9/25/2009. RE: SECOND CIRCUITS
ORDER AND MANDATE OF 9/22/09, RE:JURY POOL ISSUE.
DISCUSSION HELD.COURT WILL ISSUE ORDER SHORTLY. (Court Reporter Burt Sulzer.)
(Marziliano, August) (Entered: 09/29/2009) |
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10/02/2009 |
ORDER:
In light of the unfortunate unavailability of the Honorable Thomas C. Platt
and the pressing demands of this trial-ready case, the matter is hereby
reassigned for all purposes to the Honorable Jack B. Weinstein, Senior United
States District Judge. Ordered by Chief Judge Raymond J. Dearie on 10/2/2009.
(Chee, Alvin) (Entered: 10/02/2009) |
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10/02/2009 |
|
Senior
Judge Jack B. Weinstein added, per document number 484. Senior-Judge Thomas
C. Platt no longer assigned to case. (Brown, Marc) (Entered: 10/02/2009) |
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10/02/2009 |
SCHEDULING
ORDER: This case, having been transferred to this judge, is set for a
pretrial hearing on October 12, 2009 at 11:00 am. Jury selection shall
commence on October 26 at 10:00 am, with distribution of the questionnaire
already approved, and voir dire completed by October 30. Proposed jury
charges shall be filed on or before October 30, 5:00 pm. In limine motions
shall be heard on November 2 at 9:00 am. Earlier motions will be entertained.
Trial shall commence with opening statements on November 2 at 11:30 am.
Ordered by Senior Judge Jack B. Weinstein, on 10/2/2009. (Barrett, C)
(Entered: 10/02/2009) |
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10/05/2009 |
NOTATION
OF ADJOURNMENT: Pretrial Conference adjourned to 10/13/2009 at 11:00 AM in
Courtroom 10B South before Senior Judge Jack B. Weinstein. Signed by June
Lowe, case manager, on 10/5/2009. (Barrett, C) (Entered: 10/05/2009) |
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10/05/2009 |
ORDER:
In reading the record this weekend I realized there may be a perceived
conflict of interest. Upon the suggestion of any party I will recuse myself.
Ordered by Senior Judge Jack B. Weinstein, on 10/5/2009. (Barrett, C)
(Entered: 10/05/2009) |
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10/06/2009 |
Notice
of MOTION to Vacate the Court's Earlier Ruling on Attorney-Client
Privilege Issues and for Other Relief by Metlife, Inc., Metropolitan Life
Insurance Co.. (Attachments: # 1 Memorandum in
Support, # 2
Appendix A, # 3
Appendix B) (Yannett, Bruce) (Entered: 10/06/2009) |
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10/06/2009 |
Letter
from Bruce E. Yannett (Debevoise & Plimpton LLP) to Judge Weinstein
providing courtesy copies of both sides' papers on pending motions and
calling the Court's attention to additional matters in advance of trial
by Metlife, Inc., Metropolitan Life Insurance Co. (Yannett, Bruce) (Entered:
10/06/2009) |
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10/06/2009 |
AMICUS
Curiae Brief of Thomas P. Tierney. (Barrett, C) (Entered: 10/07/2009) |
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10/07/2009 |
ORDER:
Defendant MetLife's 8/25/09 letter requests: 1) high-speed internet access in
the courtroom; 2) a live transcript feed of trial proceedings accessible by
authorized users outside the courthouse; and 3) a live video feed of trial
proceedings accessible to authorized users outside the courthouse.
Plaintiff's 8/27/09 letter objects only to MetLife's request for a live video
feed. MetLife's request is granted in full. Plaintiffs argue that a live
video feed may affect jurors and witnesses as well as attorneys. A motion by
either party to preclude video recording of any witness's testimony in whole
or in part will be granted, absent good cause to deny. No video recording
shall include an image of a member of the jury; jurors shall be informed of
this limitation. Ordered by Senior Judge Jack B. Weinstein on 10/7/2009.
(Chee, Alvin) (Entered: 10/07/2009) |
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10/07/2009 |
STIPULATION
AND ORDER Amending the Complaint. Ordered by Senior Judge Jack B. Weinstein,
on 10/7/2009. (Barrett, C) (Entered: 10/07/2009) |
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10/08/2009 |
ORDER:
For purposes of the pretrial conference on October 13, 2009, the parties
shall be prepared to orally confer with the court on the outlined items.
Ordered by Senior Judge Jack B. Weinstein, on 10/8/2009. (Barrett, C)
(Entered: 10/08/2009) |
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10/08/2009 |
OPINION
filed in the United States Court of Appeals for the Second Circuit:
Defendants-appellants Metropolitan Life Insurance Company and MetLife, Inc.
appeal an order of the United States District Court for the Eastern District
of New York (Platt, J.), disqualifying its counsel Debevoise & Plimpton
LLP shortly before trial. On September 22, 2009, this Court reversed the
disqualification order, with opinion to follow. This is that opinion.
(Attachments: # 1
Opinion filed in the United States Court of Appeals for the Second Circuit
Reversing the Disqualification Order) (Barrett, C) (Entered: 10/09/2009) |
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10/09/2009 |
MOTION
in Limine /Notice of Motion by Defendants for an Order in Limine
Precluding Evidence Regarding the Value of the Company and Certain Other
Matters, for an Order Enforcing Defendants' Right to Trial by Jury, and for
Other Relief in Light of Plaintiffs' Damages Statement and the Second
Circuit's Opinion by Metlife, Inc., Metropolitan Life Insurance Co..
(Attachments: # 1
Memorandum in Support, # 2 Declaration of
Carl Micarelli in Support, # 3 Exhibit A to
Declaration of Carl Micarelli, # 4 Exhibit B to
Declaration of Carl Micarelli, # 5 Exhibit C to
Declaration of Carl Micarelli, # 6 Exhibit D to Declaration
of Carl Micarelli, # 7
Exhibit E to Declaration of Carl Micarelli, # 8 Exhibit F to
Declaration of Carl Micarelli, # 9 Exhibit G to
Declaration of Carl Micarelli, # 10 Exhibit H to
Declaration of Carl Micarelli, # 11 Exhibit I to
Declaration of Carl Micarelli, # 12 Exhibit J to
Declaration of Carl Micarelli, # 13 Exhibit K to
Declaration of Carl Micarelli) (Micarelli, Carl) (Entered: 10/09/2009) |
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10/09/2009 |
RESPONSE
to Motion re 488
Notice of MOTION to Vacate the Court's Earlier Ruling on Attorney-Client
Privilege Issues and for Other Relief ; Letter of Jared B. Stamell in
Response to Motion filed by Mary A. Devito, Michael A. Giannattasio,
Kevin L. Hyms, Darren F. Murray, Harry S. Purnell, III, Kathy Vanderveur.
(Stamell, Jared) (Entered: 10/09/2009) |
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10/13/2009 |
Minute
Entry for proceedings held before Senior Judge Jack B. Weinstein: Status
Conference held on 10/13/2009. Case marked ready for trial on 10/26/2009.
(Court Reporter R. Tolkin.) (Barrett, C) (Entered: 11/04/2009) |
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10/14/2009 |
ORDER:
Pursuant to the request of the parties, the court has made inquiry about
available persons to act as special settlement master. Some of those queried
as to availability had conflicts or other obligations that prevented them from
giving immediate, sustained attention to this case. The names of three
attorneys who are available and qualified are set forth below: Peter H.
Woodin, Richard J. Davis, and Elizabeth Holtzman. Resumes are attached. If
both parties can agree on one of the above, or any
other qualified person, they should inform the court so that an order
appointing a special settlement master can be entered. Ordered by Senior
Judge Jack B. Weinstein, on 10/14/2009. (Attachments: # 1 Peter H. Woodin's
Resume, # 2
Richard J. Davis' Resume, # 3 Elizabeth
Holtzman's Resume) (Barrett, C) (Entered: 10/14/2009) |
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10/15/2009 |
ORDER:
A pretrial conference was held on October 13, 2009. The court decided a
number of outstanding motions and issues. See attached order. Decisions
on motions in limine are tentative and subject to modification as
appropriate. The schedules indicated at the conference for further argument
on in limine motions and for selection of jurors are modified as indicated in
this order. Motion Hearing set for 10/21/2009 at 10:00 a.m. Ordered by Senior
Judge Jack B. Weinstein, on 10/15/2009. (Barrett, C) (Entered: 10/15/2009) |
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10/15/2009 |
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REMINDER
TO COUNSEL: ALL ACTIONS BEFORE THIS COURT are ECF matters. It is MANDATORY
that you file all original documents electronically. From this point forward,
original documents are REQUIRED to be filed electronically and forward a hard
copy, labeled courtesy copy, to chambers. To avoid having your documents
returned or chambers being notified of your non-compliance, please adhere to
The Judges' Individual Rules of Chambers and Administrative Order 2004-08.
Further information on ECF requirements and online ECF registration may be
found at the website for the Eastern District of New York at
www.nyed.uscourts.gov. (Barrett, C) (Entered: 10/15/2009) |
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10/15/2009 |
Letter
from Michael Schaper of Debevoise & Plimpton LLP to Judge Weinstein
submitting documents requested by the Court at the 10/13/09 Conference by
Metlife, Inc., Metropolitan Life Insurance Co. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)
(Schaper, Michael) (Entered: 10/15/2009) |
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10/15/2009 |
Letter
from plaintiffs to Judge Weinstein on behalf of all parties submitting
jury questionnaire and case summary incorporating the Court's changes by
Mary A. Devito, Michael A. Giannattasio, Kevin L. Hyms, Harry S. Purnell,
III, Kathy Vanderveur (Attachments: # 1 revised jury
questionnaire and case summary) (Newman, Eric) (Entered: 10/15/2009) |
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10/16/2009 |
ORDER
REFERRING CASE to Special Master. Richard J. Davis is appointed as special
settlement master. The parties have agreed on Mr. Davis' compensation.
Ordered by Senior Judge Jack B. Weinstein, on 10/16/2009. (Barrett, C)
(Entered: 10/16/2009) |
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10/16/2009 |
|
Email
Notification Test - DO NOT REPLY. (Barrett, C) (Entered: 10/16/2009) |
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10/19/2009 |
ORDER:
The parties have requested that the schedule for briefing and argument on in
limine motions be modified. The request is granted, as follows: Parties shall
submit briefs on Wednesday, October 21, 2009, before 12:00 noon. Responses
shall be submitted on Thursday, October 22, before 10:00 am. Argument will be
heard on Thursday, October 22, at 2:30 pm. Ordered by Senior Judge Jack B.
Weinstein, on 10/16/2009. (Barrett, C) (Entered: 10/19/2009) |
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10/20/2009 |
AFFIDAVIT/AFFIRMATION
Declaration of Eric H. Newman Regarding Distribution of Notice of Pendency
by Mary A. Devito, Michael A. Giannattasio, Martin Gold, Kevin L. Hyms, Harry
S. Purnell, III, Kathy Vanderveur (Attachments: # 1 Declaration of
Daniel R. Burke, # 2
Exhibit 1 to Burke Declaration, # 3 Exhibit 2 to
Burke Declaration, # 4
Exhibit 3 to Burke Declaration, # 5 Exhibit 4 to
Burke Declaration) (Newman, Eric) (Entered: 10/20/2009) |
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10/21/2009 |
MEMORANDUM
in Opposition re 421
MOTION in Limine by Plaintiffs to Exclude Superintendent's Decision and
Opinion / / Defendants' Supplemental Brief on Admissibility of the
Superintendent's Opinion filed by Metlife, Inc., Metropolitan Life
Insurance Co.. (Attachments: # 1 Appendix A -
8/11/2009 Brief, # 2
Appendix B - Defendants' Proposed Jury Instruction, # 3 Appendix C -
LaBorde Opinion) (Micarelli, Carl) (Entered: 10/21/2009) |
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10/21/2009 |
Letter
/Letter Brief in Support of the admissibility of policyholder information
booklets for other demutualizations by Metlife, Inc., Metropolitan Life
Insurance Co. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)
(Cantwell, Helen) (Entered: 10/21/2009) |
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10/21/2009 |
MEMORANDUM
in Support re 421
MOTION in Limine by Plaintiffs to Exclude Superintendent's Decision and
Opinion ; Memorandum in Further Support of Plaintiffs' Motion to
Exclude Superintendent's Opinion and Decision filed by Mary A. Devito,
Michael A. Giannattasio, Kevin L. Hyms, Harry S. Purnell, III, Kathy
Vanderveur. (Attachments: # 1 Affidavit Stamell
Affirmation, # 2
Exhibit 1 to Stamell Affirmation, # 3 Exhibit 2 to
Stamell Affirmation) (Stamell, Jared) (Entered: 10/21/2009) |
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10/21/2009 |
Letter
/Letter Brief in Opposition to Admissibility of Telephone Script and Other
Documents Submitted by Defendants by Mary A. Devito, Michael A.
Giannattasio, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur
(Stamell, Jared) (Entered: 10/21/2009) |
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10/22/2009 |
RESPONSE
to Motion re 421
MOTION in Limine by Plaintiffs to Exclude Superintendent's Decision and Opinion . /
DEFENDANTS' Response to Plaintiffs' Second Motion In Limine to Exclude
Superintendent's Opinion (this filing also relates to Document #506)
filed by Metlife, Inc., Metropolitan Life Insurance Co..
(Attachments: # 1
Declaration of Carl Micarelli in support of defendants' response, # 2 Exhibit 1 -
Affidavit of Neil D. Levin, # 3 Exhibit 2 -
Excerpts from Freid Frank Comments on PIB, # 4 Exhibit 3 -
Excerpts from Robert Schwartz deposition, # 5 Exhibit 4 -
Excerpts from Stewart Nagler deposition, # 6 Exhibit 5 - Excerpts
from Robert Benmosche deposition) (Micarelli, Carl) (Entered: 10/22/2009) |
|
|
10/22/2009 |
REPLY
in Support re 421
MOTION in Limine by Plaintiffs to Exclude Superintendent's Decision and
Opinion filed by Mary A. Devito, Michael A. Giannattasio, Kevin L. Hyms,
Harry S. Purnell, III. (Mandel, David) (Entered:
10/22/2009) |
|
|
10/22/2009 |
Letter
/Defendants' Response to Plaintiffs' October 21, 2009 Letter regarding
Admissibility of Telephone Scripts and Other Documents (D.E. #507) by
Metlife, Inc., Metropolitan Life Insurance Co. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Cantwell,
Helen) (Entered: 10/22/2009) |
|
|
10/22/2009 |
REPLY
in Support re 422
MOTION in Limine by Plaintiffs to Exclude Policyholder Disclosures from
Other Demutualizations / Plaintiffs' Letter Brief in Further Support
of Motion to Exclude Disclosures from Other Demutualizations filed by
Mary A. Devito, Michael A. Giannattasio, Kevin L. Hyms, Harry S. Purnell,
III, Kathy Vanderveur. (Attachments: # 1 Exhibit 1 to
Letter Reply) (Stamell, Jared) (Entered: 10/22/2009) |
|
|
10/22/2009 |
Letter
Objections to Demutualization and Responses by Metlife, Inc.,
Metropolitan Life Insurance Co. (Attachments: # 1 Policyholder
Objection Letters and Responses 1 (Part 1 of 5), # 2 Policyholder
Objection Letters and Responses 1 (Part 2 of 5), # 3 Policyholder
Objection Letters and Responses 1 (Part 3 of 5), # 4 Policyholder
Objection Letters and Responses 1 (Part 4 of 5), # 5 Policyholder
Objection Letters and Responses 1 (Part 5 of 5), # 6 Policyholder
Objection Letters and Responses 2) (Meyer, Eric) (Entered: 10/22/2009) |
|
|
10/22/2009 |
ORDER:
The court has received the attached letter from James L. Sapienza, dated
October 2, 2009, regarding a class action notice addressed to Mary V.
Schlegel. The matter is referred to plaintiffs' counsel, who will assist Mr.
Sapienza in obtaining the information requested. Ordered by Senior Judge Jack
B. Weinstein, on 10/16/2009. (Attachments: # 1 Letter dated
10/2/2009, # 2
Notice Card) (Barrett, C) (Entered: 10/22/2009) |
|
|
10/22/2009 |
MOTION
to Quash or Modify Subpoenas by New York State Insurance Department.
(Attachments: # 1
Affidavit, # 2 Memorandum
in Support) (Forman, Elizabeth) (Entered: 10/22/2009) |
|
|
10/22/2009 |
Minute
Entry for proceedings held before Senior Judge Jack B. Weinstein: Motion
Hearing held on 10/22/2009 re various relief. Motion
argued. Rulings on the record. (Court Reporter Burt Sulzer.) (Barrett, C)
(Entered: 10/29/2009) |
|
|
10/26/2009 |
RESPONSE
to Motion re 514
MOTION to Quash or Modify Subpoenas - - Defendants' Response to
Motion to Modify Subpoenas for the Testimony of Insurance Department
Witnesses filed by Metlife, Inc., Metropolitan Life Insurance Co..
(Schaper, Michael) (Entered: 10/26/2009) |
|
|
10/26/2009 |
Minute
Entry for proceedings held before Senior Judge Jack B. Weinstein: Voir Dire
held on 10/26/2009, Jury Selection held on 10/26/2009. Jury selection
continued to 10/29/2009. (Court Reporter Henry Shapiro.) (Barrett, C)
(Entered: 10/29/2009) |
|
|
10/28/2009 |
Letter
MOTION in Limine regarding MetLife-affiliated jurors by Metlife, Inc.,
Metropolitan Life Insurance Co.. (Cantwell, Helen)
(Entered: 10/28/2009) |
|
|
10/28/2009 |
Letter
MOTION in Limine to Judge Weinstein by Helen V. Cantwell of Debevoise
& Plimpton LLP to exclude designated testimony and exhibits by
Metlife, Inc., Metropolitan Life Insurance Co..
(Cantwell, Helen) (Entered: 10/28/2009) |
|
|
10/29/2009 |
Letter
MOTION to Disqualify Juror / Letter to Honorable Jack B. Weinstein
Regarding Jury Selection by Metlife, Inc., Metropolitan Life Insurance
Co.. (Schaper, Michael) (Entered: 10/29/2009) |
|
|
10/29/2009 |
Letter
MOTION to Strike 12th Affirmative Defense by Mary A. Devito, Michael
A. Giannattasio, Kevin L. Hyms, Harry S. Purnell, III. (Mandel, David)
(Entered: 10/29/2009) |
|
|
10/29/2009 |
MOTION
in Limine to Exclude Post-IPO Share Price from the Damages Phase of Trial
by Mary A. Devito, Michael A. Giannattasio, Kevin L. Hyms, Harry S. Purnell,
III. (Saif, Justin) (Entered: 10/29/2009) |
|
|
10/29/2009 |
Letter
MOTION in Limine from Bruce E. Yannett of Debevoise & Plimpton LLP to
Judge Weinstein requesting that the Court overrule Plaintiffs' objections to
certain of MetLife's exhibits by Metlife, Inc., Metropolitan Life
Insurance Co.. (Yannett, Bruce) (Entered:
10/29/2009) |
|
|
10/29/2009 |
Minute
Order for proceedings held before Senior Judge Jack B. Weinstein:granting, subject to modification, 514 Motion to
Quash; Jury Selection held on 10/29/2009. Jury selection continues. Jury
selection continued to 10/30/2009 at 10:00 a.m. (Barrett, C) (Entered:
11/13/2009) |
|
|
10/30/2009 |
Letter
MOTION in Limine To Senior Judge Weinstein From Carl Micarelli With
Proposed Order Memorializing The Court's In Limine Rulings And Resetting
Deadline To Submit Pre-Trial Order and Other Documents By October 30, 2009
by Metlife, Inc., Metropolitan Life Insurance Co.. (Attachments: # 1 Proposed Order)
(Micarelli, Carl) (Entered: 10/30/2009) |
|
|
10/30/2009 |
Proposed
Jury Instructions by Metlife, Inc., Metropolitan Life Insurance Co. (Yannett,
Bruce) (Entered: 10/30/2009) |
|
|
10/30/2009 |
EXHIBIT
/ [Defendants' Proposed] Verdict Form for Phase One of the Trial by
Metlife, Inc., Metropolitan Life Insurance Co..
Related document: 525
Proposed Jury Instructions filed by Metropolitan Life Insurance Co., Metlife,
Inc.. (Micarelli, Carl) (Entered: 10/30/2009) |
|
|
10/30/2009 |
Proposed
Jury Instructions by Mary A. Devito, Michael A. Giannattasio, Kevin L. Hyms,
Harry S. Purnell, III, Kathy Vanderveur (Crow, John) (Entered: 10/30/2009) |
|
|
10/30/2009 |
EXHIBIT
[Plaintiffs' ] Proposed Jury Verdict Form, Phase
1 by Mary A. Devito, Michael A. Giannattasio, Kevin L. Hyms, Harry S.
Purnell, III, Kathy Vanderveur. Related document: 527 Proposed Jury
Instructions filed by Harry S. Purnell, III, Kathy Vanderveur, Michael A.
Giannattasio, Mary A. Devito, Kevin L. Hyms. (Crow,
John) (Entered: 10/30/2009) |
|
|
10/30/2009 |
Letter
MOTION in Limine / Letter from Carl Micarelli to Judge Weinstein
requesting curative instruction by Metlife, Inc., Metropolitan Life
Insurance Co.. (Attachments: # 1 Defendants'
[Proposed] Curative Instruction on "Ownership") (Micarelli, Carl)
(Entered: 10/30/2009) |
|
|
10/30/2009 |
Proposed
Pretrial Order / Final Pretrial Order by Metlife, Inc., Metropolitan
Life Insurance Co. (Attachments: # 1 Exhibit 1 -
Plaintiffs' Claims to be Tried, # 2 Exhibit 2 -
Defendants' Defenses to be Tried, # 3 Exhibit 3 -
Plaintiffs' Witness List, # 4 Exhibit 4 -
Defendants' Witness List, # 5 Exhibit 5 -
Plaintiffs' Deposition Designations, # 6 Exhibit 6 -
Defendants' Deposition Designations, # 7 Exhibit 7 -
Plaintiffs' Trial Exhibits, # 8 Exhibit 8 -
Defendants' Trial Exhibits, # 9 Exhibit 9 -
Stipulation of Agreed Facts, # 10 Joint Exhibit 1,
# 11 Joint
Exhibit 2, # 12
Joint Exhibit 3, part 1, # 13 Joint Exhibit 3,
part 2) (Yannett, Bruce) (Entered: 10/30/2009) |
|
|
10/30/2009 |
Minute
Entry for proceedings held before Senior Judge Jack B. Weinstein: Jury
Selection held on 10/30/2009. Jury selection continues. Jury selection ends.
Trial begins 11/2/2009 at 10:00 a.m. (Barrett, C) (Entered: 11/13/2009) |
|
|
10/31/2009 |
RESPONSE
to Motion re 529
Letter MOTION in Limine / Letter from Carl Micarelli to Judge Weinstein
requesting curative instruction / Plaintiffs' Letter Response
Requesting Alternative Instruction filed by Mary A. Devito, Michael A.
Giannattasio, Kevin L. Hyms, Harry S. Purnell, III, Kathy Vanderveur.
(Attachments: # 1
Exhibit 1, # 2
Exhibit 2) (Mandel, David) (Entered: 10/31/2009) |
|
|
11/02/2009 |
Minute
Entry for proceedings held before Senior Judge Jack B. Weinstein: Jury Trial
held on 11/2/2009. Jury Trial completed on 11/2/2009. Counsel reports case
has been settled. Settlement on the record. (Barrett, C) (Entered:
11/19/2009) |
|
|
11/03/2009 |
532 |
Email
dated 10/29/2009. Ordered sealed by Judge Jack B. Weinstein, on 10/29/2009
(Barrett, C) (Entered: 11/03/2009) |
|
11/03/2009 |
Letter
MOTION for Settlement by Metlife, Inc., Metropolitan Life Insurance Co.. (Attachments: # 1 Proposed Order
Regarding Notice and Hearing on Approval of Proposed Settlement) (Micarelli,
Carl) (Entered: 11/03/2009) |
|
|
11/04/2009 |
FINAL
PRETRIAL ORDER. Ordered by Senior Judge Jack B. Weinstein, on 11/3/2009. w/attached exhibits 1-9 & JX-1 through JX-3 filed in
hard copy. (Barrett, C) (Entered: 11/04/2009) |
|
|
11/04/2009 |
MEMORANDUM
AND ORDER Regarding Notice and Hearing on Approval of Proposed Settlement.
Ordered by Senior Judge Jack B. Weinstein, on 11/4/2009. (Barrett, C)
(Entered: 11/04/2009) |
|
|
11/05/2009 |
ORDER
Regarding 524
Motion in Limine: A pretrial conference was held on October 22, 2009. The
Court decided a number of outstanding motions and issues, as set forth below.
Decisions on motions in limine are tentative and subject to modification as
appropriate. Ordered by Senior Judge Jack B. Weinstein, on 10/30/2009.
(Barrett, C) (Entered: 11/05/2009) |
|
|
11/05/2009 |
Letter
dated 11/4/2009 from June P. Lowe to Howard Kutcher, advising that his
attached letter has been referred to the attorneys for a class response.
(Attachments: # 1
Kutcher letter dated 10/16/2009, # 2 Envelope)
(Barrett, C) (Entered: 11/05/2009) |
|
|
11/05/2009 |
Letter
MOTION for Service by Publication / Letter from Carl Micarelli to Judge
Weinstein requesting approval of publication notice by Metlife, Inc.,
Metropolitan Life Insurance Co.. (Attachments: # 1 Proposed Order, #
2 Stipulation of
Settlement) (Micarelli, Carl) (Entered: 11/05/2009) |
|
|
11/06/2009 |
ORDER
Approving Form of Class Notice, granting 539 Motion for
Service by Publication: The form of Publication Notice attached as Exhibit A
to this Order is approved. Pursuant to Rule 23(e) of the Federal Rules of
Civil Procedure, the Court finds the notice to be reasonable and appropriate
notice of the proposed settlement of this class action to the members of the
class. The notice will be published, substantially as set forth in Exhibit A,
twice in the week of November 9,2009, and twice in
the week of November 16, 2009, in each of USA Today, The Wall Street Journal,
The New York Times, and The New York Law Journal. Ordered by Senior Judge
Jack B. Weinstein, on 11/6/2009. (Attachments: # 1 Exhibit A)
(Barrett, C) (Entered: 11/06/2009) |
|
|
11/09/2009 |
BILL
OF COSTS by Metlife, Inc. to be attached to mandate. USCA 09-3716cv (Romano,
Daniel) (Entered: 11/10/2009) |
|
|
11/10/2009 |
Email
dated 10/29/2009 from Richard Davis to Stephen Bero, regarding a contact from
a class member. (Barrett, C) (Entered: 11/10/2009) |
|
|
11/10/2009 |
COURT
EXHIBIT 3, dated 11/2/2009. (Barrett, C) (Entered: 11/10/2009) |
|
|
11/10/2009 |
COURT
EXHIBIT 4, dated 11/2/2009. (Barrett, C) (Entered: 11/10/2009) |
|
|
11/12/2009 |
NOTICE
OF PUBLICATION of Notice of Class Action Settlement, published in the NY Law
Journal on 11/10/2009. (Barrett, C) (Entered: 11/12/2009) |
|
|
11/13/2009 |
Order
Regarding Notice & Hearing on Approval of Proposed Settlement ( originally filed in the Supreme Court of the
State of New York County of New York ). Ordered by State Supreme County
Justice Shirley Werner Kornreich, on 11/5/2009. (Barrett, C) (Entered:
11/13/2009) |
|
|
11/19/2009 |
NOTICE
OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on October 22, 2009,
before Judge Weinstein. Court Reporter/Transcriber Burt Sulzer, Telephone
number 718 613-2481. Email address: bsulzer@aol.com. Transcript may be viewed
at the court public terminal or purchased through the Court
Reporter/Transcriber before the deadline for Release of Transcript
Restriction. After that date it may be obtained through PACER. Redaction
Request due 12/7/2009. Redacted Transcript Deadline set for 12/17/2009.
Release of Transcript Restriction set for 2/15/2010. (Sulzer, Burt) (Entered:
11/19/2009) |
|
|
11/19/2009 |
NOTICE
of Class Action Settlement published in the New York Times on 11/12/2009.
(Barrett, C) (Entered: 11/19/2009) |
|
|
11/19/2009 |
NOTICE
of Class Action Settlement published in the Wall Street Journal on 11/13/2009.
(Barrett, C) (Entered: 11/19/2009) |
|
|
11/19/2009 |
NOTICE
of Class Action Settlement published in the New York Law Journal on
11/13/2009 (Barrett, C) (Main Document 553 replaced on 11/19/2009) (Barrett,
C). (Entered: 11/19/2009) |
|
|
11/19/2009 |
NOTICE
of Class Action Settlement published in the New York Law Journal on
11/12/2009. (Barrett, C) (Entered: 11/19/2009) |
|
|
11/24/2009 |
MEMORANDUM
AND ORDER on Admissibility of New York Insurance Superintendent's Opinion.
Ordered by Senior Judge Jack B. Weinstein, on 11/24/2009. (Barrett, C)
(Entered: 11/24/2009) |
|
|
12/14/2009 |
NOTICE
of Class Action Settlement published in the New York Times on 11/13/2009.
(Barrett, C) (Entered: 12/14/2009) |
|
|
12/18/2009 |
MOTION
for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number
0207-3898342. by John J. Pentz, Thomas Sterrett
Bell. (Attachments: # 1
Affidavit, # 2
Exhibit Cert Good Standing, # 3 Proposed Order)
(Pentz, John) (Entered: 12/18/2009) |
|
|
12/18/2009 |
NOTICE
by Thomas Sterrett Bell, John J. Pentz of Objection to Settlement and Fee
Award (Pentz, John) (Entered: 12/18/2009) |
|
|
12/21/2009 |
COURT'S
Exhibits 1 and 2 entered at the 11/2 hearing. (Attachments: # 1 Court Exhibit 2)
(Barrett, C) (Entered: 12/21/2009) |
|
|
12/22/2009 |
SETTLEMENT
AGREEMENT Memorandum of Law in Support of Settlement and Plan of
Allocation by Mary A. Devito, Michael A. Giannattasio, Martin Gold, Kevin
L. Hyms, Darren F. Murray, Harry S. Purnell, III, Kathy Vanderveur (Attachments:
# 1 Exhibit Ex.
A: Stipulation of Settlement, # 2 Exhibit Ex. B:
Declaration of Jared B. Stamell, # 3 Appendix Ex. 1 to
Ex. B Declaration, # 4
Exhibit Ex. C-1: Notice of Motion (State Action), # 5 Exhibit Ex. C-2:
Memo of Law (State Action), # 6 Exhibit Ex. C-3:
Stoll Affidavit (1 of 3) (State Action), # 7 Exhibit Ex. C-3:
Stoll Affidavit (2 of 3) (State Action), # 8 Exhibit Ex. C-3:
Stoll Affidavit (3 of 3) (State Action), # 9 Exhibit Ex. D:
ASOP 37) (Stamell, Jared) (Entered: 12/22/2009) |
|
|
12/22/2009 |
SETTLEMENT
AGREEMENT Lead Plaintiffs' Application for Awards under the PSLRA by
Mary A. Devito, Michael A. Giannattasio, Martin Gold, Kevin L. Hyms, Darren
F. Murray, Harry S. Purnell, III, Kathy Vanderveur (Attachments: # 1 Ex. 1, # 2 Ex. 2: Jared B.
Stamell Declaration) (Stamell, Jared) (Entered: 12/22/2009) |
|
|
12/22/2009 |
SETTLEMENT
AGREEMENT Joint Application for an Award of Attorneys' Fees and
Reimbursement of Expenses by Mary A. Devito, Michael A. Giannattasio,
Martin Gold, Kevin L. Hyms, Darren F. Murray, Harry S. Purnell, III, Kathy
Vanderveur (Attachments: # 1 Ex. 1, # 2 Ex. 2, # 3 Ex. 3 -
Declaration of Jared B. Stamell and Exs. A - E, # 4 Ex. F to Stamell
Decl. (1 of 15), # 5
Ex. F to Stamell Decl. (2 of 15), # 6 Ex. F to Stamell
Decl. (3 of 15), # 7
Ex. F to Stamell Decl. (4 of 15), # 8 Ex. F to Stamell
Decl. (5 of 15), # 9
Ex. F to Stamell Decl. (6 of 15), # 10 Ex. F to Stamell
Decl. (7 of 15), # 11
Ex. F to Stamell Decl. (8 of 15), # 12 Ex. F to Stamell
Decl. (9 of 15), # 13
Ex. F to Stamell Decl. (10 of 15), # 14 Ex. F to Stamell
Decl. (11 of 15), # 15
Ex. F to Stamell Decl. (12 of 15), # 16 Ex. F to Stamell
Decl. (13 of 15), # 17
Ex. F to Stamell Decl. (14 of 15), # 18 Ex. F to Stamell
Decl. (15 of 15)) (Stamell, Jared) (Entered: 12/22/2009) |
|
|
12/22/2009 |
|
ORDER
denying motion for admission pro hac vice, without prejudice, and with the
right to renew. The moving affidavit in support of the motion for admission
pro hac vice must be made by an attorney already admitted to practice in the
Eastern District. Attorneys who are not admitted may not move their own
admission. The motion may be re-submitted with an appropriate sponsoring
affidavit for further action by the Court. Ordered by Magistrate Judge A.
Kathleen Tomlinson on 12/22/2009. (Colinet, Paul) (Entered: 12/22/2009) |
|
12/22/2009 |
Notice
of MOTION for Settlement Approval, Awarding Attorneys' Fees and
Reimbursement of Expenses, and Granting Compensatory Awards to the
Representative Plaintiffs by Paulette Beliunas, John T. Brophy, Eugenia
Fiala, Ira J. Gelb, June A. Gelb, Paul Hazen, Theresa Hazen, Vijay J. Shah,
Mark D Smilow. (Attachments: # 1 Memorandum in
Support Memorandum is Support of Final Approval of the Settlement, Awarding
Attorneys' Fees and Reimbursement of Expenses, and Granting Compensatory
Awards to the Representative Plaintiffs, # 2 Affidavit in
Support Affidavit of Ian T. Stoll, Esq. in Support of Joint Petitions by the
State and Federal Plaintiffs Filed on Behalf of Lovell Stewart Halebian LLP,
# 3 Exhibit Ex.
A-1 to Stoll Affidavit (1 of 2), # 4 Exhibit Ex. A-1
to Stoll Affidavit (2 of 2), # 5 Exhibit Ex. A-2
to Stoll Affidavit (1 of 2), # 6 Exhibit Ex. A-2
to Stoll Affidavit (2 of 2), # 7 Exhibit Ex. A-3
to Stoll Affidavit, # 8
Exhibit Ex. B to Stoll Affidavit, # 9 Exhibit Exs. C-1
- C-2 to Stoll Affidavit, # 10 Exhibit Exs. D-1
- D-3 to Stoll Affidavit, # 11 Exhibit Exs. E-1
- E-8 to Stoll Affidavit, # 12 Exhibit Exs. F-1
- F-8 to Stoll Affidavit) (Lovell, Christopher) (Entered: 12/22/2009) |
|
|
12/23/2009 |
Letter
Objection to Proposed Settlement and Attorneys' Fees by Robert A.
Gould (Attachments: # 1
Certificate of Service) (Margulies, Robert) (Entered: 12/23/2009) |
|
|
12/23/2009 |
MOTION
for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-3905276.
by Thomas Sterrett Bell, John J. Pentz.
(Attachments: # 1
Affidavit, # 2
Exhibit, # 3
Proposed Order) (Pentz, John) (Entered: 12/23/2009) |
|
|
12/28/2009 |
Letter
correcting exhibit A-2 to Stoll Affidavit by Paulette Beliunas, John
T. Brophy, Eugenia Fiala, Ira J. Gelb, June A. Gelb, Paul Hazen, Theresa
Hazen, Vijay J. Shah, Mark D Smilow (Attachments: # 1 Exhibit A-2 (part
1 of 6), # 2
Exhibit A-2 (part 2 of 6), # 3 Exhibit A-2 (part
3 of 6), # 4
Exhibit A-2 (part 4 of 6), # 5 Exhibit A-2 (part
5 of 6), # 6
Exhibit A-2 (part 6 of 6)) (Lovell, Christopher) (Entered: 12/28/2009) |
|
|
12/28/2009 |
NOTICE
of Change of firm address and telephone by John C. Crow (Crow, John)
(Entered: 12/28/2009) |
|
|
12/28/2009 |
Letter
dated 12/23/09 from Lawrence Kuczynski to Hon. Jack B. Weinstein objecting to
the MetLife Class Action Demutualization Settlement. (Chee, Alvin) (Entered:
12/28/2009) |
|
|
12/28/2009 |
ORDER
granting 565
Motion for Leave to Appear Pro Hac Vice. Attorney John J. Pentz is permitted
to argue or try this case in whole or in part ascounsel or advocate. By
January 11, 2010, Mr. Pentz shall register for ECF. Registration is available
online at the EDNYs homepage. Once registered, Mr. Pentz shall file a notice
of appearance and ensure that he receives electronic notification of activity
in this case. Ordered by Magistrate Judge A. Kathleen Tomlinson on
12/28/2009. (Colinet, Paul) (Entered: 12/28/2009) |
|
|
12/28/2009 |
NOTICE
of Appearance by Roy L. Jacobs on behalf of Steven Waldman (aty to be
noticed). (Chee, Alvin) (Entered: 12/28/2009) |
|
|
12/28/2009 |
OPPOSITION
to 563 Notice of
MOTION for Settlement, Request for Discovery and Application for Adjournment
of Settlement Hearing Pending Discovery filed by Steven Waldman.
(Attachments: # 1
Cover Letter) (Chee, Alvin) (Entered: 12/28/2009) |
|
|
12/28/2009 |
DECLARATION
of Roy L. Jacobs, Esq., in Support of Objections to the 563 Notice of
MOTION for Settlement, Request for Discovery and Application for Adjournment
of Settlement Hearing Pending Discovery filed by Steven Waldman.
(Attachments: # 1
Exhibit A, # 2
Exhibit B, # 3
Exhibit C, # 4
Exhibit D, # 5
Exhibit E) (Chee, Alvin) (Entered: 12/28/2009) |
|
|
12/28/2009 |
NOTICE
by Metlife, Inc., Metropolitan Life Insurance Co. / [Proposed] Order
Approving Class Action Settlement, Submitted on Behalf of All Parties
(Yannett, Bruce) (Entered: 12/28/2009) |
|
|
12/28/2009 |
STIPULATION
re federal/state division of fees by Mary A. Devito, Michael A.
Giannattasio, Kevin L. Hyms, Darren F. Murray, Harry S. Purnell, III
(Stamell, Jared) (Entered: 12/28/2009) |
|
|
12/28/2009 |
MOTION
for Attorney Fees Proposed Order by Mary A. Devito, Michael A.
Giannattasio, Kevin L. Hyms, Darren F. Murray, Harry S. Purnell, III.
(Stamell, Jared) (Entered: 12/28/2009) |
|
|
12/28/2009 |
MOTION
for Attorney Fees Proposed Order for Compensation to Class Representative
Plaintiffs by Mary A. Devito, Michael A. Giannattasio, Kevin L. Hyms,
Harry S. Purnell, III. (Stamell, Jared) (Entered: 12/28/2009) |
|
|
12/28/2009 |
MEMORANDUM
in Opposition re 563
Notice of MOTION for Settlement Approval, Awarding Attorneys' Fees and
Reimbursement of Expenses, and Granting Compensatory Awards to the
Representative Plaintiffs, 562 Settlement
Agreement,,, 561
Settlement Agreement, / Defendants' Memorandum of Law in Opposition to
Plaintiffs' Application for Incentive Payments to Named Plaintiffs and in
Partial Opposition to Plaintiffs' Application for an Award of Attorneys' Fees
and Litigation Expenses filed by Metlife, Inc., Metropolitan Life
Insurance Co.. (Attachments: # 1 Affirmation and
Declaration of Carl Micarelli in Response to Plaintiffs' Requests for Fees
and Compensation, # 2
Exhibit A to Affirmation and Declaration of Carl Micarelli in Response to
Plaintiffs' Requests for Fees and Compensation, # 3 Exhibit B to
Affirmation and Declaration of Carl Micarelli in Response to Plaintiffs'
Requests for Fees and Compensation) (Micarelli, Carl) (Entered: 12/28/2009) |
|
|
12/29/2009 |
MEMORANDUM
in Support / Defendants' Memorandum of Law in Support of Approval of the
Settlement and in Response to Objections filed by Metlife, Inc.,
Metropolitan Life Insurance Co.. (Attachments: # 1 Affirmation and
Declaration of Kevin S. Finnegan in Support of Approval of the Stipulation of
Settlement, # 2
Exhibit A1-A16 to Affirmation and Declaration of Kevin S. Finnegan in Support
of Approval of the Stipulation of Settlement, # 3 Exhibit B to
Affirmation and Declaration of Kevin S. Finnegan in Support of Approval of
the Stipulation of Settlement, # 4 Declaration of
Michael Harwood in Support of Approval of the Stipulation of Settlement and
in Response to Objections, # 5 Affirmation and
Declaration of Carl Micarelli in Support of Approval of the Stipulation of
Settlement and in Response to Objections, # 6 Exhibit A to
Affirmation and Declaration of Carl Micarelli in Support of Approval of the
Stipulation of Settlement and in Response to Objections, # 7 Exhibit B to
Affirmation and Declaration of Carl Micarelli in Support of Approval of the
Stipulation of Settlement and in Response to Objections, # 8 Exhibit C to
Affirmation and Declaration of Carl Micarelli in Support of Approval of the
Stipulation of Settlement and in Response to Objections, # 9 Exhibit D to
Affirmation and Declaration of Carl Micarelli in Support of Approval of the
Stipulation of Settlement and in Response to Objections, # 10 Exhibit E to
Affirmation and Declaration of Carl Micarelli in Support of Approval of the
Stipulation of Settlement and in Response to Objections, # 11 Exhibit F to
Affirmation and Declaration of Carl Micarelli in Support of Approval of the
Stipulation of Settlement and in Response to Objections, # 12 Exhibit G to
Affirmation and Declaration of Carl Micarelli in Support of Approval of the
Stipulation of Settlement and in Response to Objections, # 13 Exhibit H to
Affirmation and Declaration of Carl Micarelli in Support of Approval of the
Stipulation of Settlement and in Response to Objections, # 14 Exhibit I to
Affirmation and Declaration of Carl Micarelli in Support of Approval of the
Stipulation of Settlement and in Response to Objections, # 15 Exhibit J to
Affirmation and Declaration of Carl Micarelli in Support of Approval of the
Stipulation of Settlement and in Response to Objections, # 16 Exhibit K to
Affirmation and Declaration of Carl Micarelli in Support of Approval of the
Stipulation of Settlement and in Response to Objections, # 17 Exhibit L to
Affirmation and Declaration of Carl Micarelli in Support of Approval of the
Stipulation of Settlement and in Response to Objections, # 18 Exhibit M to
Affirmation and Declaration of Carl Micarelli in Support of Approval of the
Stipulation of Settlement and in Response to Objections, # 19 Exhibit N to
Affirmation and Declaration of Carl Micarelli in Support of Approval of the
Stipulation of Settlement and in Response to Objections, # 20 Exhibit O to
Affirmation and Declaration of Carl Micarelli in Support of Approval of the
Stipulation of Settlement and in Response to Objections, # 21 Exhibit P to
Affirmation and Declaration of Carl Micarelli in Support of Approval of the
Stipulation of Settlement and in Response to Objections, # 22 Exhibit Q to
Affirmation and Declaration of Carl Micarelli in Support of Approval of the
Stipulation of Settlement and in Response to Objections, # 23 Exhibit R to
Affirmation and Declaration of Carl Micarelli in Support of Approval of the
Stipulation of Settlement and in Response to Objections, # 24 Exhibit S to
Affirmation and Declaration of Carl Micarelli in Support of Approval of the
Stipulation of Settlement and in Response to Objections, # 25 Exhibit T to
Affirmation and Declaration of Carl Micarelli in Support of Approval of the
Stipulation of Settlement and in Response to Objections, # 26 Exhibit U to
Affirmation and Declaration of Carl Micarelli in Support of Approval of the
Stipulation of Settlement and in Response to Objections, # 27 Exhibit V to
Affirmation and Declaration of Carl Micarelli in Support of Approval of the
Stipulation of Settlement and in Response to Objections, # 28 Exhibit W to
Affirmation and Declaration of Carl Micarelli in Support of Approval of the
Stipulation of Settlement and in Response to Objections, # 29 Exhibit X to
Affirmation and Declaration of Carl Micarelli in Support of Approval of the
Stipulation of Settlement and in Response to Objections, # 30 Exhibit Y to
Affirmation and Declaration of Carl Micarelli in Support of Approval of the
Stipulation of Settlement and in Response to Objections, # 31 Exhibit Z to
Affirmation and Declaration of Carl Micarelli in Support of Approval of the
Stipulation of Settlement and in Response to Objections, # 32 Exhibit AA to
Affirmation and Declaration of Carl Micarelli in Support of Approval of the
Stipulation of Settlement and in Response to Objections, # 33 Exhibit BB to
Affirmation and Declaration of Carl Micarelli in Support of Approval of the
Stipulation of Settlement and in Response to Objections, # 34 Exhibit CC to
Affirmation and Declaration of Carl Micarelli in Support of Approval of the
Stipulation of Settlement and in Response to Objections) (Micarelli, Carl)
(Entered: 12/29/2009) |
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|
12/29/2009 |
NOTICE
by Mary A. Devito, Michael A. Giannattasio, Kevin L. Hyms, Darren F. Murray,
Harry S. Purnell, III re 563 Notice of
MOTION for Settlement Approval, Awarding Attorneys' Fees and Reimbursement
of Expenses, and Granting Compensatory Awards to the Representative
Plaintiffs, 562
Settlement Agreement,,, 575 MOTION for
Attorney Fees Proposed Order (Attachments: # 1 Proposed Order
Amended Proposed Order) (Stamell, Jared) (Entered: 12/29/2009) |
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12/29/2009 |
Objection
of Policyholder Christopher Mueller to Pending Settlement and Request to the
Court that it Appoint Counsel to Argue on his Behalf at the December 30,,
2009 Fairness Hearing. (Lee, Tiffeny) (Entered: 12/29/2009) |
|
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12/29/2009 |
CERTIFICATE
OF SERVICE by Metlife, Inc., Metropolitan Life Insurance Co. re 578 Memorandum in
Support,,,,,,,,,,,,,,,,,,,,, / Affirmation and Certificate of Service by
ECF, e-mail and first class mail on 12/29/09 of Defendants' Responses to
Objections, executed by Carl Micarelli of Debevoise & Plimpton LLP on
12/29/09 (Micarelli, Carl) (Entered: 12/29/2009) |
|
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12/29/2009 |
MEMORANDUM
in Opposition re 564
Letter, 568
Letter Response to Objectors filed by Mary A. Devito, Michael A.
Giannattasio, Kevin L. Hyms, Harry S. Purnell, III. (Attachments: # 1 Affidavit in
support of response to objections, # 2 Exhibit A - Plan
of Reorganization, # 3
Exhibit B - 9-18-98 PwC Memorandum) (Stamell, Jared) (Entered: 12/29/2009) |
|
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12/29/2009 |
REPLY
to Response to Motion re 575 MOTION for
Attorney Fees Proposed Order, 576 MOTION for Attorney
Fees Proposed Order for Compensation to Class Representative Plaintiffs
Reply to Defendants' Opposition filed by Mary A. Devito, Michael A.
Giannattasio, Kevin L. Hyms, Harry S. Purnell, III.
(Stamell, Jared) (Entered: 12/29/2009) |
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12/30/2009 |
MEMORANDUM
in Support re 563
Notice of MOTION for Settlement Approval, Awarding Attorneys' Fees and
Reimbursement of Expenses, and Granting Compensatory Awards to the
Representative Plaintiffs filed by Paulette Beliunas, John T. Brophy,
Eugenia Fiala, Ira J. Gelb, June A. Gelb, Paul Hazen, Theresa Hazen, Vijay J.
Shah, Mark D Smilow. (Attachments: # 1 Reply Declaration
of Barry A. Weprin, Esq., # 2 Declaration of
Ian Stoll, Esq., # 3
Certificate of Service Certificate of Service) (Lovell, Christopher)
(Entered: 12/30/2009) |
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|
12/30/2009 |
MEMORANDUM
AND ORDER OF HEARING ON FEES, EXPENSES, AND
INCENTIVE AWARDS: A hearing was held on 12/30/09 regarding the fairness,
reasonableness, and adequacy of the proposed settlement. The hearing was
adjourned until 2/9/10 at 11:30 AM, when it will continue in the New York
Supreme Court building at 60 Center Street, New York, NY, in courtroom 228.
At that time, argument will be heard in both the federal and state cases on
plaintiffs' counsels' applications for attorneys' fees, and any applications
on behalf of named plaintiffs for incentive awards, and any other
applications for fees and expenses. Any objections to applications for fees,
expenses, or incentive awards shall be filed with both courts by 2/5/10. See
document for further details. Ordered by Senior Judge Jack B. Weinstein on
12/30/2009. (Chee, Alvin) (Entered: 12/30/2009) |
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12/30/2009 |
Minute
Entry for proceedings held before Senior Judge Jack B. Weinstein: Fairness
Hearing held on 12/30/2009. Hearing ordered and begun. Hearing continued to
2/9/2010, to be held at N.Y.S. Supreme Court, 60 Centre St. NYC. (Court
Reporter A. Sherman.) (Barrett, C) (Entered: 01/20/2010) |
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01/04/2010 |
Court
Exhibits Marked at the 12/30/2009 Fairness Hearing. (Barrett, C) (Entered:
01/04/2010) |
|
|
01/04/2010 |
587 |
Court
Exhibits 36 & 37 marked at Fairness Hearing. Ordered sealed by Senior
Judge Jack B. Weinstein, on 12/31/2009. (Barrett, C) (Entered: 01/04/2010) |
|
01/05/2010 |
|
Motions
terminated, docketed incorrectly: 576 MOTION for
Attorney Fees Proposed Order for Compensation to Class Representative
Plaintiffs filed by Harry S. Purnell, III, Michael A. Giannattasio, Mary
A. Devito, Kevin L. Hyms. Document 576 is actually a
Proposed Order for Compensation to Class Representative Plaintiffs. (Barrett,
C) (Entered: 01/05/2010) |
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01/05/2010 |
|
Motions
terminated, docketed incorrectly: 575 MOTION for
Attorney Fees Proposed Order filed by Harry S. Purnell, III, Michael
A. Giannattasio, Mary A. Devito, Darren F. Murray, Kevin
L. Hyms. Document 575
is actually a Proposed Order. (Barrett, C) (Entered: 01/05/2010) |
|
01/08/2010 |
COURT
EXHIBIT 30: Plaintiff Mark Smilow's Memorandum in Further Support of His
Application for an Incentive Award. (Barrett, C) (Entered: 01/08/2010) |
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|
01/08/2010 |
NOTICE
by Metlife, Inc., Metropolitan Life Insurance Co. re 585 Memorandum
& Opinion,,, / Notice of Issuance of Press Release (Attachments: #
1 Exhibit Press
Release) (Micarelli, Carl) (Entered: 01/08/2010) |
|
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01/19/2010 |
Actuary
Thomas P. Tierney's Objection to the Pending Settlement. (Barrett, C)
(Entered: 01/19/2010) |
|
|
01/19/2010 |
NOTICE
of Change of Address, Telephone, Fax and Email by Eric Harlan Newman (Newman,
Eric) (Entered: 01/19/2010) |
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01/21/2010 |
MOTION
for Attorney Fees by Steven Waldman. (Jacobs, Roy) (Entered: 01/21/2010) |
|
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01/21/2010 |
AFFIDAVIT/DECLARATION
in Support re 593
MOTION for Attorney Fees by Roy L. Jacobs filed by Steven Waldman.
(Attachments: # 1
Exhibit Time Records, # 2 Exhibit Firm
Resume) (Jacobs, Roy) (Entered: 01/21/2010) |
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01/21/2010 |
AFFIDAVIT/DECLARATION
in Support re 593
MOTION for Attorney Fees by Laurence D. Paskowitz filed by Steven
Waldman. (Attachments: # 1 Exhibit Time
Records, # 2
Exhibit Firm Resume) (Jacobs, Roy) (Entered: 01/21/2010) |
|
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01/21/2010 |
MEMORANDUM
in Support re 593
MOTION for Attorney Fees filed by Steven Waldman. (Jacobs, Roy) (Entered:
01/21/2010) |
|
|
01/26/2010 |
Email,
dated 1/21/2010, from Richard J. Davis to Judge Weinstein and Stephen Bero,
forwarding documents from a lawyer relating to the cy pres allocation.
(Barrett, C) (Entered: 01/27/2010) |
|
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01/28/2010 |
Letter
from Bruce E. Yannett to the Honorable Jack B. Weinstein and Shirley
Werner Kornreich with respect to defendants' position on the distribution of
the cy pres funds to the Foundation for the National Institutes of Health
by Metlife, Inc., Metropolitan Life Insurance Co. (Yannett, Bruce) (Entered:
01/28/2010) |
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