US
District Court Civil Docket as of
Retrieved from the court on
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Cause: 28:1441 Notice of Removal |
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Plaintiff |
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Louisiana Municipal Police Employees Retirement System
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represented by |
John Patrick Coffey |
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Plaintiff |
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represented by |
John Patrick Coffey |
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Plaintiff |
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Louisiana Municipal Police Employees Retirement System
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represented by |
John Patrick Coffey |
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Plaintiff |
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National Electrical Contractors Association - International Brotherhood of Electrical Workers |
represented by |
Karine Louis |
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Plaintiff |
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Iron Workers Locals 40, 361, 417 Union Security Funds |
represented by |
Karine Louis |
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Plaintiff |
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Iron Workers Local 580 Joint Funds |
represented by |
Karine Louis |
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Plaintiff |
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City of |
represented by |
Karine Louis |
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Plaintiff |
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City of |
represented by |
Karine Louis |
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Defendant |
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Merrill Lynch & Co. Inc. |
represented by |
Jay B. Kasner |
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Defendant |
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Merrill Lynch Capital Trust I |
represented by |
Jay B. Kasner |
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Defendant |
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Merrill Lynch Capital Trust II |
represented by |
Jay B. Kasner |
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Defendant |
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Merrill Lynch Capital Trust III |
represented by |
Jay B. Kasner |
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Defendant |
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Merrill Lynch, Pierce, Fenner & Smith, Inc. |
represented by |
Jay B. Kasner |
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Defendant |
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Jill K. Conway |
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Defendant |
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Defendant |
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Jeffrey N. Edwards |
represented by |
Michael Richard Young |
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Defendant |
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Gregory J. Fleming |
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Defendant |
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Ahmass L. Fakahany |
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Defendant |
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Laurence A. Tosi |
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Defendant |
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Armando M. Codina |
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Defendant |
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Alberto Cribiore |
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Defendant |
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John D. Finnegan |
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Defendant |
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Heinz-Joachim Neuburger |
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Defendant |
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David K. Newbigging |
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Defendant |
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Aulana L. Peters |
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Defendant |
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Joseph W. Prueher |
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Defendant |
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Ann N. Reese |
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Defendant |
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Charles O. Rossotti |
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Defendant |
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Virgis W. Colbert |
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Defendant |
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Judith Mayhew Jonas |
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Defendant |
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Carol T. Christ |
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Defendant |
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A.G. Edwards & Sons, Inc. |
represented by |
Mark Holland |
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Defendant |
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ANZ Securities, Inc |
represented by |
Mark Holland |
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Defendant |
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B.C. Ziegler and Company |
represented by |
Mark Holland |
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Defendant |
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Banc of |
represented by |
Mark Holland |
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Defendant |
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Banc of |
represented by |
Mark Holland |
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Defendant |
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Barclays Capital Inc. |
represented by |
Mark Holland |
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Defendant |
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BB&T Capital Markets |
represented by |
Mark Holland |
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Defendant |
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BBVA Securities, Inc |
represented by |
Mark Holland |
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Defendant |
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Bear, Stearns & Co., Inc. |
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Defendant |
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Blaylock & Company, Inc |
represented by |
Mark Holland |
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Defendant |
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BNY Capital Markets, Inc. |
represented by |
Mark Holland |
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Defendant |
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CastleOak Securities L.P |
represented by |
Mark Holland |
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Defendant |
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Charles Schwab & Co. Inc |
represented by |
Mark Holland |
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Defendant |
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Citigroup Global Markets Inc. |
represented by |
Mark Holland |
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Defendant |
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Countrywide Securities Corporation |
represented by |
Mark Holland |
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Defendant |
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Credit Suisse Securities ( |
represented by |
Mark Holland |
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Defendant |
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D.A. Davidson & Co., Inc. |
represented by |
Mark Holland |
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Defendant |
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Davenport & Company LLC |
represented by |
Mark Holland |
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Defendant |
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Deutsche Bank Securities Inc. |
represented by |
Mark Holland |
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Defendant |
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Doley Securities, LLC |
represented by |
Mark Holland |
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Defendant |
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Ferris, Baker |
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Defendant |
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Fidelity Capital Markets |
represented by |
Mark Holland |
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Defendant |
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Fifth Third Securities, Inc. |
represented by |
Mark Holland |
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Defendant |
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Fixed Income Securities, LP |
represented by |
Mark Holland |
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Defendant |
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Fortis Securities LLC |
represented by |
Mark Holland |
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Defendant |
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Goldman, Sachs & Co. |
represented by |
Mark Holland |
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Defendant |
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Greenwich Capital Markets, Inc. |
represented by |
Mark Holland |
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Defendant |
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H&R Block Financial Advisors, Inc |
represented by |
Mark Holland |
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Defendant |
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HSBC Securities |
represented by |
Mark Holland |
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Defendant |
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HSBC Securities ( |
represented by |
Mark Holland |
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Defendant |
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HVB Capital Markets, Inc. |
represented by |
Mark Holland |
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Defendant |
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J.J.B. Hilliard |
represented by |
Mark Holland |
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Defendant |
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W.L. Lyons, Inc |
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Defendant |
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Keefe, Bruyette & Woods, Inc. |
represented by |
Mark Holland |
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Defendant |
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KeyBanc Capital Markets Inc |
represented by |
Mark Holland |
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Defendant |
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represented by |
Mark Holland |
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Defendant |
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Mellon Financial Markets, LLC |
represented by |
Mark Holland |
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Defendant |
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Mesirow Financial, Inc |
represented by |
Mark Holland |
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Defendant |
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Morgan Keegan & Company, Inc. |
represented by |
Mark Holland |
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Defendant |
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Morgan Stanley & Co. Incorporated |
represented by |
Mark Holland |
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Defendant |
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Muriel Siebert & Co. Inc. |
represented by |
Mark Holland |
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Defendant |
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NatCity Investments, Inc |
represented by |
Mark Holland |
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Defendant |
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Oppenheimer & CO. Inc. |
represented by |
Mark Holland |
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Defendant |
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Pershing LLC |
represented by |
Mark Holland |
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Defendant |
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Piper Jaffray & Co. |
represented by |
Mark Holland |
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Defendant |
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Raymond James & Associates Inc |
represented by |
Mark Holland |
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Defendant |
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BBC Capital Markets Corporation |
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Defendant |
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RBC Dain Rauscher Inc. |
represented by |
Mark Holland |
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Defendant |
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RBS |
represented by |
Mark Holland |
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Defendant |
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Robert W. Baird & Co. Incorporated |
represented by |
Mark Holland |
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Defendant |
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Samuel
A. Ramirez & Co. Inc. |
represented by |
Mark Holland |
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Defendant |
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Santander Investment Securities Inc |
represented by |
Mark Holland |
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Defendant |
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Stifel, Nicolaus & Company, Incorporated |
represented by |
Mark Holland |
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Defendant |
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Stringfellow, Inc |
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Defendant |
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Suntrust Capital Markets, Inc. |
represented by |
Mark Holland |
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Defendant |
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SunTrust Robinson Humphrey, Inc |
represented by |
Mark Holland |
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Defendant |
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TD Ameritrade, Inc. |
represented by |
Mark Holland |
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Defendant |
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The Williams Capital Group, L.P. |
represented by |
Mark Holland |
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Defendant |
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Toussaint Capital Partners, LLC |
represented by |
Mark Holland |
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Defendant |
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represented by |
Mark Holland |
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Defendant |
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UBS Securities LLC. |
represented by |
Mark Holland |
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Defendant |
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Utendahl Capital Partners, L.P. |
represented by |
Mark Holland |
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Defendant |
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Vining Sparks IBG, Limited Partnership |
represented by |
Mark Holland |
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Defendant |
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Wachovia Capital Markets, LLC |
represented by |
Mark Holland |
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Defendant |
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Wachovia Securities, Inc. |
represented by |
Mark Holland |
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Defendant |
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Wedbush Morgan Securities Inc. |
represented by |
Mark Holland |
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Defendant |
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Wells |
represented by |
Mark Holland |
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Defendant |
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William Blair & Company, L.L.C. |
represented by |
Mark Holland |
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Defendant |
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Zions Direct |
represented by |
Mark Holland |
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Defendant |
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Blaylock Robert Van, LLC |
represented by |
Mark Holland |
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Defendant |
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BMO Capital Markets Corp. |
represented by |
Mark Holland |
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Defendant |
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Cabrera Capital Markets, LLC |
represented by |
Mark Holland |
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Defendant |
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CIBC World Markets Corp. |
represented by |
Mark Holland |
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Defendant |
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Fixed Income Securities Inc |
represented by |
Mark Holland |
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Defendant |
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FTN Financial Securities Corp. |
represented by |
Mark Holland |
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Defendant |
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represented by |
Mark Holland |
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Defendant |
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J.B. Hanauer & Co. |
represented by |
Mark Holland |
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Defendant |
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KBC
Financial Products USA, Inc. |
represented by |
Mark Holland |
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Defendant |
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Mizuho Securities USA Inc. |
represented by |
Mark Holland |
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Defendant |
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nabCapital Securities, LLC |
represented by |
Mark Holland |
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Defendant |
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Natixis Bleichroeder Inc |
represented by |
Mark Holland |
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Defendant |
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PNC Capital Markets LLC |
represented by |
Mark Holland |
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Defendant |
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Stern Age Capital Markets, Inc |
represented by |
Mark Holland |
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Defendant |
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Stone & Youngberg LLC |
represented by |
Mark Holland |
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Defendant |
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Unicredit Capital Markets, Inc |
represented by |
Mark Holland |
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Defendant |
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Deloitte & Touche LLP |
represented by |
Brad Scott Karp |
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Defendant |
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John A. Thain |
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Date Filed |
# |
Docket Text |
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NOTICE OF REMOVAL from Supreme Court, |
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CASE REFERRED TO Judge Jed S. Rakoff as possibly Related
to |
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Case Designated ECF. (rdz) (Entered: |
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT.
Identifying Merrill Lynch, Pierce, Fenner & Smith, Inc, Merrill Lynch
& Co. Inc as Corporate Parent. Document filed by Merrill Lynch & Co. Inc..(rdz) (Entered: |
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AFFIDAVIT OF SERVICE of Notice of Removal and Electronic
Case Filing Rules and Instructions served on Louisiana Sheriffs' Pension and
Relief Fund and Louisiana Municipal Police Employees' Retirement System on |
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NOTICE OF APPEARANCE by John Patrick Coffey on behalf of Louisiana Municipal Police Employees Retirement System(On behalf of themselves and all others similarly situated), Louisiana Sheriffs Pension and Relief Fund (Coffey, John) (Entered: 11/04/2008) |
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NOTICE OF APPEARANCE by Gerald Harlan Silk on behalf of Louisiana Municipal Police Employees Retirement System(On behalf of themselves and all others similarly situated), Louisiana Sheriffs Pension and Relief Fund (Silk, Gerald) (Entered: 11/04/2008) |
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NOTICE OF APPEARANCE by Mark Lebovitch on behalf of Louisiana Municipal Police Employees Retirement System(On behalf of themselves and all others similarly situated), Louisiana Sheriffs Pension and Relief Fund (Lebovitch, Mark) (Entered: 11/04/2008) |
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NOTICE OF APPEARANCE by Kurt Michael Hunciker on behalf of Louisiana Municipal Police Employees Retirement System(On behalf of themselves and all others similarly situated), Louisiana Sheriffs Pension and Relief Fund (Hunciker, Kurt) (Entered: 11/04/2008) |
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CERTIFICATE OF SERVICE of Notices of Appearance served on
All Defendants on |
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CASE ACCEPTED AS RELATED. Create association to
1:07-cv-09633-JSR-DFE. Notice of Assignment to follow. (mbe) (Entered: |
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NOTICE OF CASE ASSIGNMENT to Judge Jed S. Rakoff. (mbe) (mbe). (Entered: |
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Magistrate Judge Douglas F. Eaton is so designated. (mbe)
(Entered: |
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MEMORANDUM OF LAW (Joint Statement re Remand and
Consolidation). Document filed by Louisiana Municipal Police Employees
Retirement System(On behalf of themselves and all
others similarly situated), Louisiana Sheriffs Pension and Relief Fund.
(Hunciker, Kurt) (Entered: |
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AFFIDAVIT OF SERVICE of Statement With Respect to Remand
and Consolidation served on (all defendants) on |
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Set Deadlines/Hearings: Oral Argument set for |
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ORDER REGARDING COORDINATION OF ACTIONS Bond Plaintiffs
will not seek remand of the Bond Action to state court. Except as set forth
in paragraphs 6 and 7, below, the Bond Action shall proceed on a coordinated
basis for all pre-trial purposes with the Consolidated Securities Action.
Lead Plaintiff shall serve as Lead Plaintiff with regard to the Consolidated
Securities Action and the Bond Action. The authority of Co-Lead Counsel in
the Consolidated Securities Action set forth in the Court's March 12, 2008 Order
entered in the Consolidated Securities Action shall extend to the Bond
Action. Bond Plaintiffs and Bond Counsel shall have primary responsibility
for prosecuting all claims on behalf of investors in Merrill Lynch bonds and
investors in Merrill Lynch preferred shares that are identified in the Bond
Action but not the Consolidated Securities Action, including with respect to
filing pleadings, motions and briefs, subject to the supervision and
authority of Lead Plaintiff and Co-Lead Counsel. Lead Plaintiff shall serve
as Lead Plaintiff with regard to the Consolidated Securities Action and the
Bond Action. Within five (5) days of the Court's entering of an Order
deciding the pending motions 10 dismiss the Amended Complaint in the
Consolidated Securities Action, the parties in the Bond Action will confer
regarding a proposed schedule for the filing of an amended complaint (if any)
in the Bond Action and for the time for Defendants to answer, move or
otherwise respond to the operative pleading. Defendants' time to answer, move
or otherwise respond to the current complaint in the Bond Action is adjourned
until further order of the Court. To the extent discovery is permitted in the
Consolidated Securities Action, the Bond Action will proceed along the same
schedule. The parties in the Bond Action shall participate in any such
discovery that takes place in the Consolidated Action, regardless of any
motions to dismiss that may be pending in the Bond Action. Should any motions
to dismiss be filed in the Bond Action, those motions shall not result in any
stay of discovery or otherwise of the Consolidated Securities Action provided
that discovery is otherwise permitted to proceed in the Consolidated
Securities Action. To the extent discovery in the Consolidated Securities
Action is permitted, the deadlines set forth in the Court's |
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Minute Entry for proceedings held before Judge Jed S.
Rakoff: Telephone Conference held on |
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MOTION to Dismiss the Complaint. Document filed by
The Williams Capital Group, L.P., Toussaint Capital Partners, LLC, U.S.
Bancorp Investment, UBS Securities LLC., Utendahl Capital Partners, L.P.,
Vining Sparks IBG, Limited Partnership, Wachovia Capital Markets, LLC,
Wachovia Securities, Inc., Wedbush Morgan Securities Inc., Wells Fargo
Securities, LLC, William Blair & Company, L.L.C., Zions Direct, Blaylock
Robert Van, LLC, BMO Capital Markets Corp., Cabrera Capital Markets, LLC,
CIBC World Markets Corp., Fixed Income Securities Inc, FTN Financial
Securities Corp., Jackson Securities LLC, J.B. Hanauer & Co., KBC
Financial Products USA, Inc., Mizuho Securities USA Inc., nabCapital
Securities, LLC, Natixis Bleichroeder Inc, PNC Capital Markets LLC, Stern Age
Capital Markets, Inc, Stone & Youngberg LLC, Unicredit Capital Markets,
Inc, A.G. Edwards & Sons, Inc., ANZ Securities, Inc, B.C. Ziegler and
Company, Banc of America, Banc of America Securities, LLC, Barclays Capital
Inc., BB&T Capital Markets, BBVA Securities, Inc, Blaylock & Company,
Inc, BNY Capital Markets, Inc., CastleOak Securities L.P, Charles Schwab
& Co. Inc, Citigroup Global Markets Inc., Countrywide Securities
Corporation, Credit Suisse Securities (USA) LLC, D.A. Davidson & Co.,
Inc., Davenport & Company LLC, Deutsche Bank Securities Inc., Doley
Securities, LLC, Fidelity Capital Markets, Fifth Third Securities, Inc.,
Fixed Income Securities, LP, Fortis Securities LLC, Goldman, Sachs & Co.,
Greenwich Capital Markets, Inc., H&R Block Financial Advisors, Inc, HSBC
Securities, HSBC Securities (USA), Inc., HVB Capital Markets, Inc., J.J.B.
Hilliard, Keefe, Bruyette & Woods, Inc., KeyBanc Capital Markets Inc,
Loop Capital Markets, LLC, Mellon Financial Markets, LLC, Mesirow Financial,
Inc, Morgan Keegan & Company, Inc., Morgan Stanley & Co.
Incorporated, Muriel Siebert & Co. Inc., NatCity Investments, Inc,
Oppenheimer & CO. Inc., Pershing LLC, Piper Jaffray & Co., Raymond
James & Associates Inc, RBC Dain Rauscher Inc., RBS Greenwich Capital,
Robert W. Baird & Co. Incorporated, Samuel A. Ramirez & Co. Inc.,
Santander Investment Securities Inc, Stifel, Nicolaus & Company,
Incorporated, Suntrust Capital Markets, Inc., SunTrust Robinson Humphrey,
Inc, TD Ameritrade, Inc.. (Attachments: # 1
Exhibit Complaint)(Holland, Mark) (Entered: |
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MEMORANDUM OF LAW in Support re: 13
MOTION to Dismiss the Complaint.. Document
filed by The Williams Capital Group, L.P., Toussaint Capital Partners, LLC,
U.S. Bancorp Investment, UBS Securities LLC., Utendahl Capital Partners,
L.P., Vining Sparks IBG, Limited Partnership, Wachovia Capital Markets, LLC,
Wachovia Securities, Inc., Wedbush Morgan Securities Inc., Wells Fargo
Securities, LLC, William Blair & Company, L.L.C., Zions Direct, Blaylock
Robert Van, LLC, BMO Capital Markets Corp., Cabrera Capital Markets, LLC,
CIBC World Markets Corp., Fixed Income Securities Inc, FTN Financial
Securities Corp., Jackson Securities LLC, J.B. Hanauer & Co., KBC
Financial Products USA, Inc., Mizuho Securities USA Inc., nabCapital
Securities, LLC, Natixis Bleichroeder Inc, PNC Capital Markets LLC, Stern Age
Capital Markets, Inc, Stone & Youngberg LLC, Unicredit Capital Markets,
Inc, A.G. Edwards & Sons, Inc., ANZ Securities, Inc, B.C. Ziegler and
Company, Banc of America, Banc of America Securities, LLC, Barclays Capital
Inc., BB&T Capital Markets, BBVA Securities, Inc, Blaylock & Company,
Inc, BNY Capital Markets, Inc., CastleOak Securities L.P, Charles Schwab
& Co. Inc, Citigroup Global Markets Inc., Countrywide Securities
Corporation, Credit Suisse Securities (USA) LLC, D.A. Davidson & Co.,
Inc., Davenport & Company LLC, Deutsche Bank Securities Inc., Doley
Securities, LLC, Ferris, Baker Watts, Incorporated, Fidelity Capital Markets,
Fifth Third Securities, Inc., Fixed Income Securities, LP, Fortis Securities
LLC, Goldman, Sachs & Co., Greenwich Capital Markets, Inc., H&R Block
Financial Advisors, Inc, HSBC Securities, HSBC Securities (USA), Inc., HVB
Capital Markets, Inc., J.J.B. Hilliard, Keefe, Bruyette & Woods, Inc.,
KeyBanc Capital Markets Inc, Loop Capital Markets, LLC, Mellon Financial
Markets, LLC, Mesirow Financial, Inc, Morgan Keegan & Company, Inc.,
Morgan Stanley & Co. Incorporated, Muriel Siebert & Co. Inc., NatCity
Investments, Inc, Oppenheimer & CO. Inc., Pershing LLC, Piper Jaffray
& Co., Raymond James & Associates Inc, RBC Dain Rauscher Inc., RBS
Greenwich Capital, Robert W. Baird & Co. Incorporated, Samuel A. Ramirez
& Co. Inc., Santander Investment Securities Inc, Stifel, Nicolaus &
Company, Incorporated, Stringfellow, Inc, Suntrust Capital Markets, Inc.,
SunTrust Robinson Humphrey, Inc, TD Ameritrade, Inc.. (Holland, Mark)
(Entered: |
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MOTION to Dismiss The Complaint. Document filed by Merrill Lynch Capital Trust II, Merrill Lynch Capital Trust III, Merrill Lynch, Pierce, Fenner & Smith, Inc., Jill K. Conway, E. Stanley ONeal, Jeffrey N. Edwards, Gregory J. Fleming, Ahmass L. Fakahany, Laurence A. Tosi, Armando M. Codina, Alberto Cribiore, John D. Finnegan, Heinz-Joachim Neuburger, David K. Newbigging, Aulana L. Peters, Joseph W. Prueher, Ann N. Reese, Charles O. Rossotti, Virgis W. Colbert, Judith Mayhew Jonas, Carol T. Christ, Merrill Lynch & Co. Inc., Merrill Lynch Capital Trust I. Responses due by 2/13/2009 (Attachments: # 1 ( Complaint ))(Kasner, Jay) (Entered: 02/09/2009) |
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DECLARATION of Jay B. Kasner in Support re: 15 MOTION to Dismiss The Complaint.. Document filed by Merrill Lynch Capital Trust II, Merrill Lynch Capital Trust III, Merrill Lynch, Pierce, Fenner & Smith, Inc., Jill K. Conway, E. Stanley ONeal, Jeffrey N. Edwards, Gregory J. Fleming, Ahmass L. Fakahany, Laurence A. Tosi, Armando M. Codina, Alberto Cribiore, John D. Finnegan, Heinz-Joachim Neuburger, David K. Newbigging, Aulana L. Peters, Joseph W. Prueher, Ann N. Reese, Charles O. Rossotti, Virgis W. Colbert, Judith Mayhew Jonas, Carol T. Christ, Merrill Lynch & Co. Inc., Merrill Lynch Capital Trust I. (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)(Kasner, Jay) (Entered: 02/09/2009) |
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MEMORANDUM OF LAW in Support re: 15 MOTION to Dismiss The Complaint.. Document filed by Merrill Lynch Capital Trust II, Merrill Lynch Capital Trust III, Merrill Lynch, Pierce, Fenner & Smith, Inc., Jill K. Conway, E. Stanley ONeal, Jeffrey N. Edwards, Gregory J. Fleming, Ahmass L. Fakahany, Laurence A. Tosi, Armando M. Codina, Alberto Cribiore, John D. Finnegan, Heinz-Joachim Neuburger, David K. Newbigging, Aulana L. Peters, Joseph W. Prueher, Ann N. Reese, Charles O. Rossotti, Virgis W. Colbert, Judith Mayhew Jonas, Carol T. Christ, Merrill Lynch & Co. Inc., Merrill Lynch Capital Trust I. (Kasner, Jay) (Entered: 02/09/2009) |
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NOTICE OF APPEARANCE by Brad Scott Karp on behalf of
Deloitte & Touche LLP (Attachments: # 1
Affidavit of Service)(Karp, Brad) (Entered: |
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NOTICE OF APPEARANCE by Charles Edward Davidow on behalf
of Deloitte & Touche LLP (Attachments: # 1
Affidavit of Service)(Davidow, Charles) (Entered: |
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NOTICE OF APPEARANCE by Claudia Leslie Hammerman on behalf
of Deloitte & Touche LLP (Attachments: # 1
Affidavit of Service)(Hammerman, Claudia) (Entered: |
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT.
No Corporate Parent. Document filed by Deloitte & Touche LLP.
(Attachments: # 1
Affidavit of Service)(Karp, Brad) (Entered: |
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MOTION to Dismiss the Class Action Complaint.
Document filed by Deloitte & Touche LLP. (Attachments: # 1
Affidavit of Service)(Karp, Brad) (Entered: |
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MEMORANDUM OF LAW in Support re: 22
MOTION to Dismiss the Class Action Complaint..
Document filed by Deloitte & Touche LLP. (Attachments: # 1
Affidavit of Service)(Karp, Brad) (Entered: |
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DECLARATION of Charles E. Davidow in Support re: 22
MOTION to Dismiss the Class Action Complaint..
Document filed by Deloitte & Touche LLP. (Attachments: # 1
Exhibit A, # 2
Exhibit B, # 3
Exhibit C, # 4
Exhibit D, # 5
Exhibit E, # 6
Exhibit F, # 7
Affidavit of Service)(Davidow, Charles) (Entered: |
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NOTICE OF APPEARANCE by Michael Richard Young on behalf of
Jeffrey N. Edwards (Young, Michael) (Entered: |
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MEMO TO CIVIL DOCKET CLERK: A telephone conference was
held in the above captioned case. (jfe) (Entered: |
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ORDER FOR ADMISSION PRO HAC VICE OF RICHARD D. BERNSTEIN:
Attorney Richard D. Bernstein for Jeffrey N. Edwards admitted Pro Hac Vice.
(Signed by Judge Jed S. Rakoff on |
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Transmission to Attorney Admissions Clerk. Transmitted re:
26
Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for
updating of Attorney Information. (jfe) (Entered: |
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MEMORANDUM OF LAW in Opposition re: 22
MOTION to Dismiss the Class Action Complaint., 13
MOTION to Dismiss the Complaint., 15
MOTION to Dismiss The Complaint.. Document filed by Louisiana
Municipal Police Employees Retirement System(On
behalf of themselves and all others similarly situated), Louisiana Sheriffs
Pension and Relief Fund. (Attachments: # 1
Appendix A)(Lebovitch, Mark) (Entered: |
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DECLARATION of Mark Lebovitch in Opposition re: 13
MOTION to Dismiss the Complaint., 22
MOTION to Dismiss the Class Action Complaint., 15
MOTION to Dismiss The Complaint.. Document filed by Louisiana
Municipal Police Employees Retirement System(On
behalf of themselves and all others similarly situated), Louisiana Sheriffs
Pension and Relief Fund. (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, # 9
Exhibit 9, # 10
Exhibit 10, # 11
Exhibit 11, # 12
Exhibit 12, # 13
Exhibit 13, # 14
Exhibit 14, # 15
Exhibit 15, # 16
Exhibit 16, # 17
Exhibit 17, # 18
Exhibit 18, # 19
Exhibit 19, # 20
Exhibit 20, # 21
Exhibit 21, # 22
Exhibit 22, # 23
Exhibit 23, # 24
Exhibit 24, # 25
Exhibit 25, # 26
Exhibit 26, # 27
Exhibit 27, # 28
Exhibit 28, # 29
Exhibit 29)(Lebovitch, Mark) (Entered: |
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Minute Entry for proceedings held before Judge Jed S.
Rakoff: Oral Argument held on |
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Minute Entry for proceedings held before Judge Jed S.
Rakoff: Telephone Conference held on |
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Minute Entry for proceedings held before Judge Jed S.
Rakoff: Continuation of Oral Argument, on motion to dismiss class action
complaint, held on |
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ORDER FOR ADMISSION PRO HAC VICE OF RICHARD D. BERNSTEIN:
Richard D. Bernstein is admitted to practice pro hac vice as counsel for
Defendant Jeffrey N. Edwards in this action. Attorney Richard D. Bernstein
for Jeffrey N. Edwards added. (Signed by Judge Jed S. Rakoff on |
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Transmission to Attorney Admissions Clerk. Transmitted re:
29
Order, Add and Terminate Attorneys, to the Attorney Admissions Clerk for
updating of Attorney Information. (tro) (Entered: |
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30 |
TRANSCRIPT of proceedings held on |
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MEMORANDUM ORDER: On February 17 and 19, 2009, the Court
heard oral argument on the defendants' motions to dismiss the complaint in
the above-captioned matter, which alleges violations of sections 11, 12 and
15 of the Securities Act of 1933. While the Court reserved judgment so as to
give plaintiffs the opportunity to file an Amended Complaint, the Court to
give guidance to plaintiffs' counsel in drafting that complaint, indicated
from the bench, see transcript 2/19/09, and confirmed in the Court's recent
scheduling order dated 2/23/09, that it would provide a determination of
whether the avertments of the present Complaint sufficiently sound in fraud
as to be subject to the heightened pleading standard of Rule 9(b), F.R.C.P.
The Court now det4ermines that the current Complaint is, in fact, subject to
Rule 9(b). Alternatively, even if not asserting fraud, plaintiffs' counsel
may deem it prudent to draft his Amended Complaint with any eye to the
requirements of Rule 9(b). In any event, the Court, as previously indicated,
will only take up the motions to dismiss after the Amended Complaint is filed
and the Court receives the further briefing permitted by its Order of
2/23/09. (Signed by Judge Jed S. Rakoff on |
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38 |
TRANSCRIPT of proceedings held on |
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AMENDED CLASS ACTION COMPLAINT FOR VIOLATIONS OF SECTIONS
11, 12 AND 15 OF THE SECURITIES ACT OF 1933 against John A. Thain, UBS
Securities LLC., Wachovia Capital Markets, LLC, Wells Fargo Securities, LLC,
Merrill Lynch, Pierce, Fenner & Smith, Inc., Jill K. Conway, E. Stanley
ONeal, Jeffrey N. Edwards, Gregory J. Fleming, Ahmass L. Fakahany, Laurence
A. Tosi, Armando M. Codina, Alberto Cribiore, John D. Finnegan, Heinz-Joachim
Neuburger, David K. Newbigging, Aulana L. Peters, Joseph W. Prueher, Ann N.
Reese, Charles O. Rossotti, Virgis W. Colbert, Judith Mayhew Jonas, Carol T.
Christ, Citigroup Global Markets Inc., Merrill Lynch & Co. Inc., Morgan
Stanley & Co. Incorporated, SunTrust Robinson Humphrey, Inc.Document
filed by National Electrical Contractors Association - International
Brotherhood of Electrical Workers, Iron Workers Locals 40, 361, 417 Union
Security Funds, Iron Workers Local 580 Joint Funds, City of Pontiac Police
and Fire Retirement System, City of Pontiac General Employees Retirement
System, Louisiana Municipal Police Employees Retirement System(On behalf of
themselves and all others similarly situated), Louisiana Sheriffs Pension and
Relief Fund.(dle) (Additional attachment(s) added on 3/17/2009: # 1
Appendix, # 2
Exhibit) (rdz). (Entered: |
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CORRECTED AMENDED CLASS ACTION COMPLAINT against UBS
Securities LLC., Wachovia Capital Markets, LLC, Wells Fargo Securities, LLC,
Merrill Lynch, Pierce, Fenner & Smith, Inc., Jill K. Conway, E. Stanley
ONeal, Jeffrey N. Edwards, Gregory J. Fleming, Ahmass L. Fakahany, Laurence
A. Tosi, Armando M. Codina, Alberto Cribiore, John D. Finnegan, Heinz-Joachim
Neuburger, John A. Thain, David K. Newbigging, Aulana L. Peters, Joseph W.
Prueher, Ann N. Reese, Charles O. Rossotti, Virgis W. Colbert, Judith Mayhew
Jonas, Carol T. Christ, Citigroup Global Markets Inc., Merrill Lynch &
Co. Inc., SunTrust Robinson Humphrey, Inc.Document filed by Louisiana
Municipal Police Employees Retirement System(On behalf of themselves and all
others similarly situated), National Electrical Contractors Association -
International Brotherhood of Electrical Workers, Iron Workers Locals 40, 361,
417 Union Security Funds, Iron Workers Local 580 Joint Funds, City of Pontiac
Police and Fire Retirement System, City of Pontiac General Employees
Retirement System, Louisiana Sheriffs Pension and Relief Fund. (Attachments:
# 1
Exhibit, # 2
appendix)(dle) (Entered: |
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NOTICE OF APPEARANCE by George Arnold Schieren on behalf of UBS Securities LLC., Wachovia Capital Markets, LLC, Wells Fargo Securities, LLC, Citigroup Global Markets Inc., Morgan Stanley & Co. Incorporated, SunTrust Robinson Humphrey, Inc (Schieren, George) (Entered: 03/20/2009) |
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NOTICE OF APPEARANCE by Mary Kathryn Dulka on behalf of UBS Securities LLC., Wachovia Capital Markets, LLC, Wells Fargo Securities, LLC, Citigroup Global Markets Inc., Morgan Stanley & Co. Incorporated, SunTrust Robinson Humphrey, Inc (Dulka, Mary) (Entered: 03/20/2009) |
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NOTICE OF APPEARANCE by Laura Jane McLaren on behalf of UBS Securities LLC., Wachovia Capital Markets, LLC, Wells Fargo Securities, LLC, Citigroup Global Markets Inc., Morgan Stanley & Co. Incorporated, SunTrust Robinson Humphrey, Inc (McLaren, Laura) (Entered: 03/20/2009) |
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NOTICE OF APPEARANCE by John Joo Hwan Song on behalf of UBS Securities LLC., Wachovia Capital Markets, LLC, Wells Fargo Securities, LLC, Citigroup Global Markets Inc., Morgan Stanley & Co. Incorporated, SunTrust Robinson Humphrey, Inc (Song, John) (Entered: 03/20/2009) |
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STIPULATION AND ORDER DISMISSING THE TOLLED UNDERWRITERS
WITHOUT PREJUDICE; The Tolled Underwriters are dismissed without prejudice
pursuant to Fed. R. Civ. P. 41(a)(2). The dismissal
of the Tolled Underwriters shall under no circumstances be considered a first
voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1).
IT IS SO ORDERED. (Signed by Judge Jed S. Rakoff on |
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FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT NO. 41
) - NOTICE OF APPEARANCE by Karine Louis on behalf of Louisiana Sheriffs
Pension and Relief Fund (Louis, Karine) Modified on |
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NOTICE OF APPEARANCE by Karine Louis on behalf of Louisiana Municipal Police Employees Retirement System(On behalf of themselves and all others similarly situated), National Electrical Contractors Association - International Brotherhood of Electrical Workers, Iron Workers Locals 40, 361, 417 Union Security Funds, Iron Workers Local 580 Joint Funds, City of Pontiac Police and Fire Retirement System, City of Pontiac General Employees Retirement System, Louisiana Sheriffs Pension and Relief Fund (Louis, Karine) (Entered: 03/26/2009) |
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NOTICE OF APPEARANCE by Sean K. O'Dowd on behalf of Louisiana Municipal Police Employees Retirement System(On behalf of themselves and all others similarly situated), National Electrical Contractors Association - International Brotherhood of Electrical Workers, Iron Workers Locals 40, 361, 417 Union Security Funds, Iron Workers Local 580 Joint Funds, City of Pontiac Police and Fire Retirement System, City of Pontiac General Employees Retirement System, Louisiana Sheriffs Pension and Relief Fund (O'Dowd, Sean) (Entered: 03/27/2009) |
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MOTION to Dismiss the Corrected Amended Complaint by the Underwriter Defendants. Document filed by UBS Securities LLC., Wachovia Capital Markets, LLC, Wells Fargo Securities, LLC, Citigroup Global Markets Inc., Morgan Stanley & Co. Incorporated, SunTrust Robinson Humphrey, Inc. (Attachments: # 1 Corrected Amended Complaint, # 2 Appendix to Corrected Amended Complaint, # 3 Exhibits to Corrected Amended Complaint)(Holland, Mark) (Entered: 03/27/2009) |
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MEMORANDUM OF LAW in Support re: 43 MOTION to Dismiss the Corrected Amended Complaint by the Underwriter Defendants.. Document filed by UBS Securities LLC., Wachovia Capital Markets, LLC, Wells Fargo Securities, LLC, Citigroup Global Markets Inc., Morgan Stanley & Co. Incorporated, SunTrust Robinson Humphrey, Inc. (Holland, Mark) (Entered: 03/27/2009) |
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Document filed by UBS Securities LLC., Wachovia Capital Markets, LLC, Wells Fargo Securities, LLC, Citigroup Global Markets Inc., Morgan Stanley & Co. Incorporated, SunTrust Robinson Humphrey, Inc.(Holland, Mark) (Entered: 03/27/2009) |
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MOTION to Dismiss The Corrected Consolidated Amended
Complaint. Document filed by Merrill Lynch, Pierce, Fenner & Smith,
Inc., Jill K. Conway, E. Stanley ONeal, Jeffrey N. Edwards, Gregory J.
Fleming, Laurence A. Tosi, Armando M. Codina, Alberto Cribiore, John D.
Finnegan, Heinz-Joachim Neuburger, John A. Thain, David K. Newbigging, Aulana
L. Peters, Joseph W. Prueher, Ann N. Reese, Charles O. Rossotti, Virgis W.
Colbert, Judith Mayhew Jonas, Carol T. Christ, Merrill Lynch & Co. Inc..
Responses due by |
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MEMORANDUM OF LAW in Support re: 46
MOTION to Dismiss The Corrected Consolidated Amended Complaint.. Document filed by Merrill Lynch, Pierce, Fenner &
Smith, Inc., Jill K. Conway, E. Stanley ONeal, Jeffrey N. Edwards, Gregory J.
Fleming, Ahmass L. Fakahany, Laurence A. Tosi, Armando M. Codina, Alberto
Cribiore, John D. Finnegan, Heinz-Joachim Neuburger, John A. Thain, David K.
Newbigging, Aulana L. Peters, Joseph W. Prueher, Ann N. Reese, Charles O.
Rossotti, Virgis W. Colbert, Judith Mayhew Jonas, Carol T. Christ, Merrill
Lynch & Co. Inc.. (Kasner, Jay) (Entered: |
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DECLARATION of Jay B. Kasner in Support re: 46
MOTION to Dismiss The Corrected Consolidated Amended Complaint.. Document filed by Merrill Lynch, Pierce, Fenner &
Smith, Inc., Jill K. Conway, E. Stanley ONeal, Jeffrey N. Edwards, Gregory J.
Fleming, Ahmass L. Fakahany, Laurence A. Tosi, Armando M. Codina, Alberto
Cribiore, John D. Finnegan, Heinz-Joachim Neuburger, John A. Thain, David K.
Newbigging, Aulana L. Peters, Joseph W. Prueher, Ann N. Reese, Charles O.
Rossotti, Virgis W. Colbert, Judith Mayhew Jonas, Carol T. Christ, Merrill
Lynch & Co. Inc.. (Attachments: # 1
Exhibit J, # 2
Exhibit K, # 3
Exhibit L, # 4
Exhibit M, # 5
Exhibit N, # 6
Exhibit O, # 7
Exhibit P, # 8
Exhibit Q, # 9
Exhibit R, # 10
Exhibit S, # 11
Exhibit T, # 12
Exhibit U, # 13
Exhibit V, # 14
Exhibit W, # 15
Exhibit X, # 16
Exhibit Y, # 17
Exhibit Z, # 18
Exhibit AA, # 19
Exhibit BB, # 20
Exhibit CC, # 21
Exhibit DD)(Kasner, Jay) (Entered: |
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NOTICE of Compendium Of Unreported Decisions And Other
Authorities Cited In The Motion Of The Merrill Lynch Defendants And
Individual Defendants To Dismiss The Corrected Consolidated Amended Complaint
re: 46
MOTION to Dismiss The Corrected Consolidated Amended Complaint.. Document filed by Merrill Lynch, Pierce, Fenner &
Smith, Inc., Jill K. Conway, E. Stanley ONeal, Jeffrey N. Edwards, Gregory J.
Fleming, Ahmass L. Fakahany, Laurence A. Tosi, Armando M. Codina, Alberto
Cribiore, John D. Finnegan, Heinz-Joachim Neuburger, John A. Thain, David K.
Newbigging, Aulana L. Peters, Joseph W. Prueher, Ann N. Reese, Charles O.
Rossotti, Virgis W. Colbert, Judith Mayhew Jonas, Carol T. Christ, Merrill Lynch
& Co. Inc.. (Attachments: # 1
( Tab 1 ), # 2
( Tab 2), # 3
( Tab 3 ), # 4
( Tab 4 ), # 5
( Tab 5 ), # 6
( Tab 6 ), # 7
( Tab 7 ), # 8
( Tab 8 ), # 9
( Tab 9 ), # 10
( Tab 10 ), # 11
( Tab 11 ), # 12
( Tab 12 ), # 13
( Tab 13 ), # 14
( Tab 14 ), # 15
( Tab 15 ))(Kasner, Jay) (Entered: |
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MEMORANDUM OF LAW in Opposition re: 46
MOTION to Dismiss The Corrected Consolidated Amended Complaint., 43
MOTION to Dismiss the Corrected Amended Complaint by the Underwriter
Defendants.. Document filed by Louisiana Municipal Police Employees
Retirement System(On behalf of themselves and all
others similarly situated), National Electrical Contractors Association -
International Brotherhood of Electrical Workers, Iron Workers Locals 40, 361,
417 Union Security Funds, Iron Workers Local 580 Joint Funds, City of Pontiac
Police and Fire Retirement System, City of Pontiac General Employees
Retirement System, Louisiana Sheriffs Pension and Relief Fund. (Attachments:
# 1
Appendix A)(Lebovitch, Mark) (Entered: |
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DECLARATION of Mark Lebovitch in Opposition re: 46
MOTION to Dismiss The Corrected Consolidated Amended Complaint., 43
MOTION to Dismiss the Corrected Amended Complaint by the Underwriter
Defendants.. Document filed by Louisiana Municipal Police Employees
Retirement System(On behalf of themselves and all
others similarly situated), National Electrical Contractors Association -
International Brotherhood of Electrical Workers, Iron Workers Locals 40, 361,
417 Union Security Funds, Iron Workers Local 580 Joint Funds, City of Pontiac
Police and Fire Retirement System, City of Pontiac General Employees
Retirement System, Louisiana Sheriffs Pension and Relief Fund. (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, # 9
Exhibit 9, # 10
Exhibit 10, # 11
Exhibit 11, # 12
Exhibit 12, # 13
Exhibit 13)(Lebovitch, Mark) (Entered: |
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Minute Entry for proceedings held before Judge Jed S.
Rakoff: Telephone Conference held on |
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PROTECTIVE ORDER...regarding procedures to be followed
that shall govern the handling of confidential material. SO ORDERED. (Signed
by Judge Jed S. Rakoff on |
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NOTICE OF CHANGE OF ADDRESS by Mary Kathryn Dulka on
behalf of UBS Securities LLC., Wachovia Capital Markets, LLC, Wells Fargo
Securities, LLC, Citigroup Global Markets Inc., Morgan Stanley & Co.
Incorporated, SunTrust Robinson Humphrey, Inc. New Address: Goodwin Procter
LLP, The |
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NOTICE OF CHANGE OF ADDRESS by Mark Holland on behalf of
UBS Securities LLC., Wachovia Capital Markets, LLC, Wells Fargo Securities,
LLC, Citigroup Global Markets Inc., Morgan Stanley & Co. Incorporated,
SunTrust Robinson Humphrey, Inc. New Address: Goodwin Procter LLP, The |
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ORDER: By Order dated |
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MOTION for Settlement Notice of Bond Plaintiffs Motion
for Final Approval of Class Action Settlement and Certification of the Bond
Class. Document filed by Louisiana Sheriffs Pension and Relief Fund,
Louisiana Municipal Police Employees Retirement System(On behalf of
themselves and all others similarly situated).(Lebovitch, Mark) (Entered: |
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MEMORANDUM OF LAW in Support re: 56 MOTION for Settlement Notice
of Bond Plaintiffs Motion for Final Approval of Class Action Settlement and
Certification of the Bond Class. Memorandum of Law in Support of Bond
Plaintiffs Motion for Final Approval of Class Action Settlement and
Certification of the Bond Class. Document filed by Louisiana Sheriffs
Pension and Relief Fund, Louisiana Municipal Police Employees Retirement System(On behalf of themselves and all others similarly
situated). (Attachments: # 1
Exhibit A)(Lebovitch, Mark) (Entered: |
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MOTION for Settlement Notice of Bond Plaintiffs Motion
for Approval of Plan of Allocation of Settlement Proceeds. Document filed
by Louisiana Sheriffs Pension and Relief Fund, Louisiana Municipal Police
Employees Retirement System(On behalf of themselves and all others similarly
situated).(Lebovitch, Mark) (Entered: |
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MEMORANDUM OF LAW in Support re: 58 MOTION for Settlement Notice
of Bond Plaintiffs Motion for Approval of Plan of Allocation of Settlement
Proceeds. Memorandum of Law in Support of Bond Plaintiffs Motion for
Approval of Plan of Allocation of Settlement Proceeds. Document filed by
Louisiana Sheriffs Pension and Relief Fund, Louisiana Municipal Police
Employees Retirement System(On behalf of themselves
and all others similarly situated). (Lebovitch, Mark) (Entered: |
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MOTION for Attorney Fees Notice of Bond Counsels Motion
for an Award of Attorneys Fees and Reimbursement of Litigation Expenses.
Document filed by Louisiana Sheriffs Pension and Relief Fund, Louisiana
Municipal Police Employees Retirement System(On behalf of themselves and all
others similarly situated).(Lebovitch, Mark) (Entered: |
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MEMORANDUM OF LAW in Support re: 60 MOTION for Attorney Fees Notice
of Bond Counsels Motion for an Award of Attorneys Fees and Reimbursement of
Litigation Expenses. Memorandum of Law in Support of Bond Counsels
Motion for an Award of Attorneys Fees and Reimbursement of Litigation
Expenses. Document filed by Louisiana Sheriffs Pension and Relief Fund,
Louisiana Municipal Police Employees Retirement System(On
behalf of themselves and all others similarly situated). (Attachments: # 1
Exhibit Ex A, # 2
Exhibit B, # 3
Exhibit Ex C, # 4
Exhibit D, # 5
Exhibit E)(Lebovitch, Mark) (Entered: |
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DECLARATION of Max W. Berger and Mark Lebovitch in Support
re: 60
MOTION for Attorney Fees Notice of Bond Counsels Motion for an Award of
Attorneys Fees and Reimbursement of Litigation Expenses., 56
MOTION for Settlement Notice of Bond Plaintiffs Motion for Final Approval
of Class Action Settlement and Certification of the Bond Class., 58
MOTION for Settlement Notice of Bond Plaintiffs Motion for Approval of
Plan of Allocation of Settlement Proceeds.. Document filed by Louisiana
Sheriffs Pension and Relief Fund, Louisiana Municipal Police Employees
Retirement System(On behalf of themselves and all
others similarly situated). (Attachments: # 1
Exhibit Ex 1, # 2
Exhibit Ex 2 Part 1, # 3
Exhibit Ex 2 Part 2, # 4
Exhibit Ex 3, # 5
Exhibit Ex 4, # 6
Exhibit Ex 5, # 7
Exhibit Ex 6)(Lebovitch, Mark) (Entered: |
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CERTIFICATE OF SERVICE. Document filed by Louisiana
Sheriffs Pension and Relief Fund, Louisiana Municipal Police Employees
Retirement System(On behalf of themselves and all
others similarly situated). (Lebovitch, Mark) (Entered: |
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SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 60
MOTION for Attorney Fees Notice of Bond Counsels Motion for an Award of
Attorneys Fees and Reimbursement of Litigation Expenses., 56
MOTION for Settlement Notice of Bond Plaintiffs Motion for Final Approval
of Class Action Settlement and Certification of the Bond Class., 58
MOTION for Settlement Notice of Bond Plaintiffs Motion for Approval of
Plan of Allocation of Settlement Proceeds.. Document filed by Louisiana
Sheriffs Pension and Relief Fund, Louisiana Municipal Police Employees
Retirement System(On behalf of themselves and all
others similarly situated). (Lebovitch, Mark) (Entered: |
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CERTIFICATE OF SERVICE. Document filed by Louisiana
Sheriffs Pension and Relief Fund, Louisiana Municipal Police Employees
Retirement System(On behalf of themselves and all
others similarly situated). (Lebovitch, Mark) (Entered: |
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