US
District Court Civil Docket as of 11/07/2011
Retrieved from the court on November 10, 2011
Southern District of New York (
CIVIL DOCKET FOR CASE #:
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Cause:
15:78m(a) Securities Exchange Act |
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Lead
Plaintiff |
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Public
Pension Funds
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represented by |
Ann
Meredith Lipton |
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Lead
Plaintiff |
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The
Public Pension Fund Group |
represented by |
Gregory
M. Castaldo |
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Plaintiff
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Steven
J. Sklar
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represented by |
James
Abram Harrod , |
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Plaintiff
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Rhonda
Wilson
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represented by |
Andrew
M. Volk |
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Plaintiff
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Alma
Alvarez
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represented by |
Andrew
M. Volk |
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Plaintiff
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Michael
R. Bahnmaier
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represented by |
Jennifer
Selling Montagna |
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Plaintiff
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Mark
Adams
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represented by |
Andrew
M. Volk |
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Plaintiff
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Elizabeth
Eagen
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represented by |
Steven
E. Fineman |
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Plaintiff
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Vernon
C. Dailey
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represented by |
Andrew
M. Volk |
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Plaintiff
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Richard
Adame
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represented by |
Steven
E. Fineman |
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Plaintiff
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Arlene
Kahn |
represented by |
Steven
E. Fineman |
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Plaintiff
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Petra
Chatman
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represented by |
Steven
E. Fineman |
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Plaintiff
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Stichting
Pensioenfonds |
represented by |
Jeffrey
Aaron Almeida |
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Plaintiff
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Grant
Mitchell
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represented by |
David
Kessler |
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Plaintiff
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New
York State Teachers' Retirement System |
represented by |
Jonathan
H. Beemer |
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Plaintiff
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Public
Employees' Retirement Association of Colorado |
represented by |
Jonathan
H. Beemer |
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Plaintiff
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Steve
R. Graber
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represented by |
Brenda
F. Szydlo |
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Plaintiff
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Steve
R. Graber
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represented by |
Brenda
F. Szydlo |
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Plaintiff
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Schwab
S&P 500 Index Fund |
represented by |
Daniel
P. Chiplock |
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Plaintiff
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Schwab
1000 Index Fund
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represented by |
Daniel
P. Chiplock |
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Plaintiff
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Schwab
Institutional Select S&P 500 Fund |
represented by |
Daniel
P. Chiplock |
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Plaintiff
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Schwab
Dividend Equity Fund |
represented by |
Daniel
P. Chiplock |
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Plaintiff
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Schwab
Core Equity Fund
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represented by |
Daniel
P. Chiplock |
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Plaintiff
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Schwab
Premier Equity Fund
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represented by |
Daniel
P. Chiplock |
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Plaintiff
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Schwab
Fundamental US Large Company Index Fund |
represented by |
Daniel
P. Chiplock |
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Plaintiff
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Schwab
Total Stock Market Index Fund |
represented by |
Daniel
P. Chiplock |
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Plaintiff
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Schwab
S&P 500 Index Portfolio |
represented by |
Daniel
P. Chiplock |
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Plaintiff
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Schwab
Markettrack Growth Portfolio |
represented by |
Daniel
P. Chiplock |
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Plaintiff
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Schwab
Markettrack Balanced Portfolio |
represented by |
Daniel
P. Chiplock |
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Plaintiff
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Schwab
Investments,
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represented by |
Daniel
P. Chiplock |
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Plaintiff
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Schwab
Capital Trust
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represented by |
Daniel
P. Chiplock |
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Consolidated
Plaintiff |
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Kenneth
A. Ciullo
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represented by |
Kenneth
A. Ciullo
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Consolidated
Plaintiff |
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Joanna
Ciullo
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represented by |
Joanna
Ciullo
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Consolidated
Plaintiff |
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Thomas
P. DiNapoli
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represented by |
Andrew
J Entwistle |
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Petitioner
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Schwab
Financial Services Fund |
represented by |
Daniel
P. Chiplock |
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Movant
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Judy
Calibuso
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represented by |
Steven
E. Fineman |
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Movant
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California
Public Employees' Retirement System |
represented by |
Geoffrey
Coyle Jarvis |
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Movant
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California
State Teachers' Retirement System |
represented by |
Geoffrey
Coyle Jarvis |
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Movant
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Finger
Interests Number One Ltd. |
represented by |
Stephen
D. Susman |
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Movant
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Firemen's
and Policemen's Pension and Relief Fund of the City of Tuscaloosa |
represented by |
Joseph
Peter Guglielmo |
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Movant
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Fjarde
Ap-Fonden
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represented by |
Donald
R. Hall , Jr |
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Movant
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Hollywood
Police Officers' Retirement System |
represented by |
Albert
Morris Myers , |
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Movant
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Institutional
Investor Group
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represented by |
David
Avi Rosenfeld |
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Movant
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James
F. Lehmann
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represented by |
Joseph
Peter Guglielmo |
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Movant
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Louisiana
Municipal Police Employees Retirement System |
represented by |
Albert
Morris Myers , |
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Movant
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Ohio
Public Employees Retirement System |
represented by |
Darren
J. Check |
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Movant
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State
Teachers Retirement System of Ohio |
represented by |
Darren
J. Check |
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Movant
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Stichting
Pensioenfonds Zorg en Welzijin |
represented by |
Darren
J. Check |
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Movant
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Teachers
Retirement System of Texas |
represented by |
Darren
J. Check |
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Movant
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West
Palm Beach Police Pension Fund |
represented by |
Joseph
Peter Guglielmo |
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Movant
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Westmoreland
County Employee Retirement System |
represented by |
Joseph
Peter Guglielmo |
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Defendant
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Bank
of America Corp.
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represented by |
Christopher
Steven Jones |
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Defendant
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Gary
A. Carlin
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Defendant
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Nelson
Chai |
represented by |
David
William Tod Daniels |
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Defendant
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Kenneth
D. Lewis
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represented by |
Andrew
J. Ceresney |
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Defendant
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John
A. Thain
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represented by |
Andrew
J. Levander |
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Defendant
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William
Barnet |
represented by |
Charles
S. Duggan |
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Defendant
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Frank
P. Bramble, Sr.
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represented by |
Charles
S. Duggan |
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Defendant
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John
T. Collins
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represented by |
Charles
S. Duggan |
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Defendant
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Gary
L. Countryman
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represented by |
Charles
S. Duggan |
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Defendant
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Tommy
R. Franks
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represented by |
Charles
S. Duggan |
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Defendant
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Charles
K. Gifford
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represented by |
Charles
S. Duggan |
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Defendant
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Monica
C. Lozano
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represented by |
Charles
S. Duggan |
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Defendant
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Walter
E. Massey
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represented by |
Charles
S. Duggan |
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Defendant
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Thomas
J. May
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represented by |
Charles
S. Duggan |
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Defendant
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Patricia
E. Mitchell
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represented by |
Charles
S. Duggan |
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Defendant
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Thomas
M. Ryan
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represented by |
Charles
S. Duggan |
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Defendant
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O.
Temple Sloan, Jr.
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represented by |
Charles
S. Duggan |
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Defendant
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Meredith
R. Spangler
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represented by |
Charles
S. Duggan |
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Defendant
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Robert
L. Tillman
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represented by |
Charles
S. Duggan |
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Defendant
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Jackie
M. Ward
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represented by |
Charles
S. Duggan |
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Defendant
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Merrill
Lynch & Co., Inc. |
represented by |
Adam
Selim Hakki |
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Defendant
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Neil
A. Cotty
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represented by |
Charles
S. Duggan |
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Defendant
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Joe
L. Price
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represented by |
Charles
S. Duggan |
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Defendant
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Banc
of America Securities L.L.C. |
represented by |
Lewis
J. Liman |
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Defendant
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Merrill
Lynch, Pierce, Fenner & Smith Incorporated |
represented by |
Adam
Selim Hakki |
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Defendant
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Bank
of America
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represented by |
Jonathan
Ezra Goldin |
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Defendant
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J.
Steele Alphin
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represented by |
Charles
S. Duggan |
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Defendant
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Amy
Woods Brinkley
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represented by |
Charles
S. Duggan |
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Defendant
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Barbara
J. Desoer
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represented by |
Eric
M. Roth |
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Defendant
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Liam
E. McGee
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represented by |
Eric
M. Roth |
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Defendant
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Timothy
J. Mayopoulos
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represented by |
Charles
S. Duggan |
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Defendant
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Brian
T. Moynihan
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represented by |
Charles
S. Duggan |
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Defendant
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Bruce
L. Hammonds
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represented by |
Eric
M. Roth |
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Defendant
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Richard
K. Struthers
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represented by |
Eric
M. Roth |
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Defendant
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Bank
of America Corporation Corporate Benefits Committee Defendants |
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Defendant
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Bank
of America Compensation and Benefits Committee Defendants |
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Defendant
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Keith
T. Banks
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represented by |
Charles
S. Duggan |
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Defendant
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Teresa
Brenner
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represented by |
Charles
S. Duggan |
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Defendant
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Carol
T. Christ
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represented by |
Julie
A North |
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Defendant
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Armando
M. Codina
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represented by |
Julie
A North |
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Defendant
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Virgis
W. Colbert
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represented by |
Julie
A North |
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Defendant
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Gregory
Curl |
represented by |
Charles
S. Duggan |
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Defendant
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John
D. Finnegan
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represented by |
Julie
A North |
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Defendant
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Gregory
Fleming
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represented by |
Jonathan
D Polkes |
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Defendant
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Fox-Pitt
Kelton Cochran Caronia Waller (USA) L.L.C. |
represented by |
Richard
C. Pepperman , II |
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Defendant
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J.C.
Flowers & Co., L.L.C. |
represented by |
Richard
C. Pepperman , II |
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Defendant
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Judith
Mayhew Jonas
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represented by |
Julie
A North |
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Defendant
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Peter
Kraus
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represented by |
James
N. Benedict |
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Defendant
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Aulana
L. Peters
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represented by |
Julie
A North |
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Defendant
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Joseph
W. Prueher
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represented by |
Julie
A North |
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Defendant
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Ann
N. Reese
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represented by |
Julie
A North |
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Defendant
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Michael
Ross |
represented by |
David
William Tod Daniels |
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Defendant
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Charles
O. Rossotti
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represented by |
Julie
A North |
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Defendant
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Peter
Stingi
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represented by |
Richard
D. Bernstein |
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Defendant
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Thomas
K Montag
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represented by |
Charles
S. Duggan |
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Defendant
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Bank
Of America Corporation |
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Defendant
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Kenneth
D Davis
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Consolidated
Defendant |
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Joseph
L. Price
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represented by |
Jennifer
Suzanne Windom |
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ADR
Provider |
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Judith
M. Koenick
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represented by |
Judith
M. Koenick
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Interested
Party |
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Robert
Anderson
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Date
Filed |
# |
Docket
Text |
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06/11/2009 |
CERTIFIED
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06/11/2009 |
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Magistrate
Judge Kevin Nathaniel Fox is so designated. (rjm) (Entered: 06/12/2009) |
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06/11/2009 |
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CASES
ORIGINATING FROM THE SOUTHERN DISTRICT OF |
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06/11/2009 |
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Case
Designated ECF. (rjm) (Entered: 06/12/2009) |
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06/30/2009 |
MEMORANDUM
OPINION |
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07/01/2009 |
NOTICE
OF APPEARANCE by Stephen John Fearon, Jr on behalf of Rhonda Wilson (Fearon,
Stephen) (Entered: 07/01/2009) |
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07/01/2009 |
NOTICE
OF APPEARANCE by Caitlin Duffy on behalf of Rhonda Wilson (Duffy, Caitlin)
(Entered: 07/01/2009) |
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07/01/2009 |
NOTICE
OF APPEARANCE by Garry Thomas Stevens, Jr on behalf of Rhonda Wilson
(Stevens, Garry) (Entered: 07/01/2009) |
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07/10/2009 |
NOTICE
OF APPEARANCE by Melinda D. Rodon on behalf of Public Pension Funds Filed In
Associated Cases: 1:09-md-02058-DC et al.(Rodon, Melinda) (Entered:
07/10/2009) |
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07/20/2009 |
NOTICE OF
APPEARANCE by Sharan Nirmul on behalf of Public Pension Funds Filed In
Associated Cases: 1:09-md-02058-DC et al.(Nirmul, Sharan) (Entered:
07/20/2009) |
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07/22/2009 |
NOTICE
OF MOTION |
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07/22/2009 |
NOTICE
OF MOTION |
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07/22/2009 |
NOTICE
OF MOTION |
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07/22/2009 |
NOTICE
OF MOTION |
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07/27/2009 |
NOTICE
OF MOTION for Sean M. Handler to Appear Pro Hac Vice. Document filed by The
Public Pension Fund Group, Public Pension Funds.Filed In Associated Cases:
1:09-md-02058-DC, 1:09-cv-00580-DC(rjm) (Entered: 07/30/2009) |
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07/28/2009 |
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CASHIERS
OFFICE REMARK on 9
Motion to Appear Pro Hac Vice, 8 Motion to Appear
Pro Hac Vice, 10
Motion to Appear Pro Hac Vice, 11 Motion to Appear
Pro Hac Vice in the amount of $100.00, paid on 07/22/2009, Receipt Number
694846. (jd) (Entered: 07/28/2009) |
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07/29/2009 |
NOTICE
OF APPEARANCE by Max Wallace Berger on behalf of The Public Pension Fund
Group (Berger, Max) (Entered: 07/29/2009) |
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07/29/2009 |
NOTICE
OF APPEARANCE by Steven B. Singer on behalf of Public Pension Funds (Singer,
Steven) (Entered: 07/29/2009) |
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07/29/2009 |
NOTICE
OF APPEARANCE by John James Rizio-Hamilton on behalf of The Public Pension
Fund Group (Rizio-Hamilton, John) (Entered: 07/29/2009) |
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07/29/2009 |
CONSOLIDATION
ORDER Pursuant to Fed. R. Civ. P. 42(a), Section 27 (a) (3) (B) of the
Securities Act of 1933 (the "Securities Act II), 15 U.S.C. § 77z-1 (a)
(3) (B), and Section 21D(a) (3) (B) of the Securities Exchange Act of 1934
(the Exchange Act"), 15 U.S.C. § 78u-4 (a) (3) (B), the Securities
Actions are consolidated into Master File No. 09 MDL 2058 (DC) for all
purposes including, but not limited to, pretrial proceedings (including any
discovery), and any trial (the Consolidated Securities Action). However,
Bahnmaier, as an individual action, is consolidated for pretrial proceedings
only pursuant to 28 U.S.C. § 1407(a) and Fed. R. Civ. P. 42 (a). The docket
in Master File No. 09 MDL 2058 DC shall constitute the Master Docket for the
Securities Actions. A copy of this Order shall be placed In all dockets
identified on pages 1 and 2 herein. The Clerk of this Court is directed to
close each of those dockets, other than the docket in Master File No. 09 MDL
2058 (DC), and the docket in Bahnmaier v. Bank of America Corp., et al., No.
09 Civ. 5411. In accordance with the MDL Order, and prior decisions and
orders of this Court, the Securities Actions shall be coordinated with the
related Derivative and ERISA actions in Master File No. 09 MDL 2058 (DC) for
pretrial purposes in the Southern District of New York before the Honorable
Denny Chin. SO ORDERED. (Signed by Judge Denny Chin on 7/29/2009) Filed In
Associated Cases: 1:09-md-02058-DC et al.(jmi) (Entered: 07/30/2009) |
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07/29/2009 |
CONSOLIDATION
ORDER. IT IS HEREBY ORDERED THAT: The Derivative Actions are consolidated for
all purposes including, but not limited to, pretrial proceedings (including
any discovery), and any trial (the "Consolidated Derivative
Action"). The docket in Master File No. 09 MDL 2058 (DC) shall
constitute the Master Docket for the Derivative Actions. A copy of this Order
shall be placed in all dockets identified on pages 1-2 herein. The Clerk of
this Court is directed to close each of those dockets, other than the docket
in Master File No. 09 MDL 2058 (DC). In accordance with the MDL Order, and
prior decisions and orders of this Court, the Consolidated Derivative Action
shall be coordinated with the related securities and ERISA consolidated
actions for pretrial purposes in the Southern District of New York before the
Honorable Denny Chin. Nothing in this paragraph shall bind the parties in the
Consolidated Derivative Action to any particular scheduling determinations
absent further order of this Court... and as further set forth. (Signed by
Judge Denny Chin on 7/29/09) Filed In Associated Cases: 1:09-md-02058-DC et
al.(rjm) (Entered: 07/30/2009) |
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07/29/2009 |
CONSOLIDATION
ORDER. THE COURT ORDERS as follows: The ERISA Actions, and any subsequently
filed ERISA action arising out of the same operative facts now pending or
hereafter filed in or transferred to this Court, are hereby consolidated for
all purposes pursuant to Fed. R. Civ. P. 42(a) (the "Consolidated ERISA
Action"). The docket in Master File No. 09 MDL 2058 DC shall constitute
the Master Docket for the ERISA Actions. A copy of this Order shall be placed
in all dockets identified on pages 1-2 herein. The Clerk of this Court is
directed to close each of those dockets, other than the docket in Master File
No. 09 MDL 2058 (DC). In accordance with the MDL order, and prior decisions
of this Court, the Consolidated ERISA Action shall be coordinated with the
related securities and derivative actions for pretrial purposes in the Southern
District of New York before the Honorable Denny Chin. Nothing in this
paragraph shall bind the parties in the Consolidated ERISA Action to any
particular scheduling determinations absent further order of this Court...
and as further set forth. (Signed by Judge Denny Chin on 7/29/09) Filed In
Associated Cases: 1:09-md-02058-DC et al.(rjm) (Entered: 07/30/2009) |
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07/29/2009 |
INITIAL
CASE MANAGEMENT ORDER. THEREFORE, it is hereby ordered that: 1. Consolidated
Complaints: The Court-appointed lead plaintiff in the Consolidated Securities
Action shall file its Amended and Consolidated Complaint on or before
September 25, 2009. The Court- appointed interim lead plaintiff in the
Consolidated Derivative Action and interim co-lead counsel in the
Consolidated ERISA Action shall file their respective Amended and
Consolidated Complaints, and Plaintiff Bahnmaier shall file his individual
amended complaint, on or before October 9, 2009. 2. Pre-Motion Conference: No
pre-motion conference is required with respect to any motion(s) to dismiss
any of the Amended and Consolidated Complaints or the Bahnmaier amended
complaint. 3. Motion(s) To Dismiss: With respect to the Consolidated
Securities Action, any motion to dismiss the Amended and Consolidated
Complaint shall be filed by Defendants on or before November 24, 2009. If any
such motion is filed, the Court-appointed lead plaintiff in the Consolidated
Securities Action shall file its opposition brief on or before January 25,
2010. Defendants' reply brief shall be filed on or before March 11, 2010.
With respect to the Consolidated Derivative Action, Consolidated ERISA
Action, and the Bahnmaier action, any motion(s) to dismiss shall be filed by
Defendants on or before December 8, 2009. If any such motion is filed, the
opposing party in the relevant action shall file its opposition brief(s) on
or before February 8, 2010, and Defendants' reply brief(s) shall be filed on
or before March 25, 2010. 4. Additional Case Management Order: Within thirty
(30) days of the Court's decision on any of the motion(s) to dismiss, the
parties in the Consolidated Actions shall submit an additional proposed case
management order governing further proceedings, if necessary. Amended
Pleadings due by 10/9/2009. Motions due by 12/8/2009. Responses due by
2/8/2010. Replies due by 3/25/2010. (Signed by Judge Denny Chin on 7/29/09)
Filed In Associated Cases: 1:09-md-02058-DC et al.(rjm) (Entered: 07/30/2009) |
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07/30/2009 |
ORDER. By
letter dated July 15, 2009, counsel for the California Public Employees'
Retirement System ("CalPERS") requested a pre-motion conference to
discuss moving for certification of this Court's June 30, 2009 Opinion for
discretionary interlocutory appeal under 28 U.S.C. § 1292(b). The three-page,
single-spaced letter sets forth CalPERS' arguments in detail. By letter dated
July 17, 2009, counsel for lead plaintiffs opposed. The Court had scheduled a
conference for July 29, 2009 to discuss a number of matters, and the Court
had planned to discuss this proposed motion at the conference. Counsel for
CalPERS, however, did not appear. At the conclusion of the conference, I
stated that I would issue a scheduling order, but upon reflection, I have
determined that further briefing is not necessary. The Court treats the July
15, 2009 letter as a motion for certification pursuant to § 1292(b). The
motion is denied. First, there are no significant issues of law, and CalPERS
is really challenging not the Court's interpretation of the law but the
Court's application of the law to the facts. In fact, it is not uncommon for
investors to form a group to be proposed as a lead plaintiff. See, e.g., In
re Oxford Health Plans, Inc., |
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07/31/2009 |
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CASHIERS
OFFICE REMARK on 20
Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 07/27/2009,
Receipt Number 695625. (jd) (Entered: 07/31/2009) |
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07/31/2009 |
ORDER
FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION. IT IS HEREBY ORDERED that
Richard A. Russo, Jr. is admitted to practice pro hac vice as counsel for the
Lead Plaintiffs and the Proposed Class in the above captioned case in the
United States District Court for the Southern District of New York. All
attorneys appearing before this Court are subject to the Local Rules of this
Court, including the Rules governing discipline of attorneys. If this action
is assigned to the Electronic Case Filing (ECF) system, counsel shall
immediately apply for an ECF password at nysd.uscourts.gov. Counsel shall
forward the pro hac vice fee to the Clerk of Court. in case 1:09-cv-00580-DC;
granting (9) Motion for Richard A. Russo, Jr. to Appear Pro Hac Vice in case
1:09-md-02058-DC. (Signed by Judge Denny Chin on 7/30/09) Filed In Associated
Cases: 1:09-md-02058-DC, 1:09-cv-00580-DC(rjm) (Entered: 07/31/2009) |
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07/31/2009 |
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Transmission
to Attorney Admissions Clerk. Transmitted re: ( |
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07/31/2009 |
ORDER
ADMITTING ATTORNEY PRO HAC VICE. Attorney Gregory M. Castaldo for The Public
Pension Fund Group, Public Pension Funds admitted Pro Hac Vice., Motions
terminated: ( |
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07/31/2009 |
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Transmission
to Attorney Admissions Clerk. Transmitted re: ( |
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07/31/2009 |
ORDER
ADMITTING ATTORNEY PRO HAC VICE. Attorney Jennifer L. Joost for The Public
Pension Fund Group, Public Pension Funds admitted Pro Hac Vice., Motions
terminated: ( |
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07/31/2009 |
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Transmission
to Attorney Admissions Clerk. Transmitted re: ( |
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07/31/2009 |
NOTICE
OF APPEARANCE by Katherine Mccracken Sinderson on behalf of Public Pension
Funds (Sinderson, Katherine) (Entered: 07/31/2009) |
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08/04/2009 |
NOTICE
OF APPEARANCE by Boaz Aharon Weinstein on behalf of Public Pension Funds
(Weinstein, Boaz) (Entered: 08/04/2009) |
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08/05/2009 |
28 |
TRANSCRIPT
of proceedings held on 7/29/09, 10:15am before Judge Denny Chin. (rjm)
(Entered: 09/24/2009) |
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08/06/2009 |
NOTICE
OF APPEARANCE by Ann Meredith Lipton on behalf of Public Pension Funds
(Lipton, Ann) (Entered: 08/06/2009) |
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08/26/2009 |
NOTICE
OF APPEARANCE by William Bernard Federman on behalf of Michael R. Bahnmaier
(Federman, William) (Entered: 08/26/2009) |
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09/25/2009 |
CONSOLIDATED
AMENDED CLASS ACTION COMPLAINT (Jury Trial Demanded) against Merrill Lynch
& Co., Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Banc
of America Securities L.L.C., William Barnet |
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09/30/2009 |
CERTIFICATE
OF SERVICE. Document filed by Public Pension Funds. (Singer, Steven)
(Entered: 09/30/2009) |
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10/01/2009 |
NOTICE
OF APPEARANCE by Kenneth Mark Rehns on behalf of Mark Adams, Mark Adams, Mark
Adams Filed In Associated Cases: 1:09-md-02058-DC et al.(Rehns, Kenneth)
(Entered: 10/01/2009) |
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10/01/2009 |
AFFIDAVIT
OF SERVICE of Summons and Amended Complaint,,,. Merrill Lynch & Co., Inc.
served on 9/30/2009, answer due 10/20/2009. Service was accepted by Aixa
Flores, Managing Agent. Document filed by Public Pension Funds. (Singer,
Steven) (Entered: 10/01/2009) |
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10/02/2009 |
NOTICE
OF CHANGE OF ADDRESS by Christopher Lometti on behalf of Mark Adams. New
Address: Cohen Milstein Sellers & Toll PLLC, 150 East 52nd Street, 30th
Floor, New York, New York, USA 10022, 212 838-7797. (Lometti, Christopher)
(Entered: 10/02/2009) |
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10/09/2009 |
NOTICE
of Certificate of Service. Document filed by Michael R. Bahnmaier. (Federman,
William) (Entered: 10/09/2009) |
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10/09/2009 |
CONSOLIDATE
AMENDED COMPLAINT FOR BREACHES OF DUTY UNDER THE EMPLOYEE RETIREMENT INCOME
SECURITY ACT against William Barnet |
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10/09/2009 |
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***NOTE
TO ATTORNEY TO E- |
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10/09/2009 |
PLAINTIFF
MICHAEL BAHNMAIER'S INDIVIDUAL AMENDED COMPLAINT FOR VIOLATIONS OF SECURITIES
LAW against Bank of America Corp., Joe L. Price, Kenneth D. Lewis, John A.
Thain. Document filed by Michael R. Bahnmaier.(laq) (laq). Modified on
10/20/2009 (dle). (Entered: 10/15/2009) |
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10/09/2009 |
CONSOLIDATED
SHAREHOLDER DERIVATIVE |
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10/14/2009 |
CERTIFICATE
OF SERVICE of Summons and Amended Complaint,,,. Bank of America Compensation
and Benefits Committee Defendants served on 10/9/2009, answer due 10/29/2009.
Service was made by Mail. Document filed by Rhonda Wilson; Mark Adams;
Elizabeth Eagen; Richard Adame; Arlene Kahn; Petra Chatman., CERTIFICATE OF
SERVICE of Amended Complaint on 10/09/2009. Service was made by Mail.
Document filed by Rhonda Wilson; Mark Adams; Elizabeth Eagen; Richard Adame;
Arlene Kahn; Petra Chatman. (Harwood, Robert) (Entered: 10/14/2009) |
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10/15/2009 |
NOTICE
OF APPEARANCE by Hannah Elizabeth Greenwald on behalf of Public Pension Funds
(Greenwald, Hannah) (Entered: 10/15/2009) |
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10/15/2009 |
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***NOTE
TO ATTORNEY TO E- |
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10/28/2009 |
WAIVER
OF SERVICE RETURNED EXECUTED. Document filed by Public Pension Funds.
(Greenwald, Hannah) (Entered: 10/28/2009) |
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10/28/2009 |
41 |
TRANSCRIPT
of proceedings held on 10/16/09, 11:15am before Judge Denny Chin. (rjm)
(Entered: 10/29/2009) |
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11/13/2009 |
ENDORSED
LETTER addressed to Judge Denny Chin from Peter C. Hein dated 11/12/09 re:
request for leave of the Court to file a memorandum of law of up to 75 pages
(instead of the 25-page limit provided in Your Honor's rules) in Support of
the motion to dismiss being made by the multiple categories of defendants we
represent, i,e. Bank of America Corporation; Banc of America (an underwriter
defendant); three individual defendants who served as executives of Bank of
America (Lewis, Price and Cotty); and 15 additional individual defendants who
served on Bank of America's board of directors (the BoA Board Defendants).
ENDORSEMENT: With the understanding that the other defendants will file
shorter briefs as described above, this application is granted. (Signed by
Judge Denny Chin on 11/13/09) (rjm) (Entered: 11/13/2009) |
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11/16/2009 |
MEMORANDUM
DECISION. Accordingly, the Lead Plaintiffs' motion to lift the stay on
discovery is granted as to the documents already produced in the related
matters and as further set forth in said memorandum decision. (Signed by
Judge Denny Chin on 11/16/09) (rjm) (Entered: 11/17/2009) |
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11/16/2009 |
ENDORSED
LETTER addressed to Judge Denny Chin from Robert N. Kaplan dated 11/12/09 re:
The Court's Initial Case Management Order dated July 29, 2009 (the " |
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11/17/2009 |
NOTICE
OF APPEARANCE by Hae Sung Nam on behalf of Public Pension Funds Filed In
Associated Cases: 1:09-md-02058-DC, 1:09-cv-00580-DC(Nam, Hae Sung) (Entered:
11/17/2009) |
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11/20/2009 |
NOTICE
OF APPEARANCE by Robert I. Harwood on behalf of Vernon C. Dailey Filed In
Associated Cases: 1:09-md-02058-DC, 1:09-cv-00851-DC(Harwood, Robert)
(Entered: 11/20/2009) |
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11/20/2009 |
NOTICE
OF APPEARANCE by Peter W. Overs, Jr on behalf of Vernon C. Dailey Filed In
Associated Cases: 1:09-md-02058-DC, 1:09-cv-00851-DC(Overs, Peter) (Entered:
11/20/2009) |
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11/23/2009 |
NOTICE
OF CHANGE OF ADDRESS by Ann Meredith Lipton on behalf of Public Pension
Funds. New Address: Bernstein Litowitz Berger & Grossmann LLP, 1285
Avenue of the Americas, 38 FL, NY, NY, USA 10019, 212-554-1400. (Lipton, Ann)
(Entered: 11/23/2009) |
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11/24/2009 |
NOTICE
OF APPEARANCE by Mitchell A. Lowenthal on behalf of William Barnet |
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11/24/2009 |
NOTICE
OF APPEARANCE by Lewis J. Liman on behalf of William Barnet |
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11/24/2009 |
NOTICE
OF APPEARANCE by Andrew M. Volk on behalf of Rhonda Wilson, Mark Adams,
Vernon C. Dailey, Alma Alvarez (Volk, Andrew) (Entered: 11/24/2009) |
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11/24/2009 |
NOTICE
OF APPEARANCE by Jonathan Ezra Goldin on behalf of William Barnet |
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11/24/2009 |
NOTICE
OF APPEARANCE by Mitchell A. Lowenthal on behalf of Bank of America Corp.,
Joe L. Price, Kenneth D. Lewis Filed In Associated Cases: 1:09-md-02058-DC,
1:09-cv-05411-DC(Lowenthal, Mitchell) (Entered: 11/24/2009) |
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11/24/2009 |
NOTICE
OF APPEARANCE by Mitchell A. Lowenthal on behalf of William Barnet |
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11/24/2009 |
NOTICE
OF APPEARANCE by Mitchell A. Lowenthal on behalf of Bank of America Corp.
(Lowenthal, Mitchell) (Entered: 11/24/2009) |
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11/24/2009 |
NOTICE
OF APPEARANCE by Lewis J. Liman on behalf of Bank of America Corp., Joe L.
Price, Kenneth D. Lewis Filed In Associated Cases: 1:09-md-02058-DC,
1:09-cv-05411-DC(Liman, Lewis) (Entered: 11/24/2009) |
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11/24/2009 |
NOTICE
OF APPEARANCE by Lewis J. Liman on behalf of William Barnet |
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11/24/2009 |
NOTICE
OF APPEARANCE by Lewis J. Liman on behalf of Bank of America Corp. (Liman,
Lewis) (Entered: 11/24/2009) |
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11/24/2009 |
MOTION
to Dismiss The Consolidated Amended Class Action Complaint. Document
filed by John A. Thain, John Thain, Jonathan Alexander Thain, Jonathan A.
Thain.Filed In Associated Cases: 1:09-md-02058-DC et al.(Hoffner, David)
(Entered: 11/24/2009) |
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11/24/2009 |
MEMORANDUM
OF LAW in Support re: ( |
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11/24/2009 |
DECLARATION
of David S. Hoffner in Support re: ( |
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11/24/2009 |
MOTION
to Dismiss., MOTION to Dismiss for Lack of Jurisdiction.( Responses due by
12/18/2009) Document filed by William Barnet |
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11/24/2009 |
DECLARATION
of Jonathan E. Goldin in Support re: ( |
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11/24/2009 |
MOTION
to Dismiss the Consolidated Amended Class Action Complaint. Document
filed by Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner &
Smith Incorporated. Responses due by 12/18/2009(Hakki, Adam) (Entered:
11/24/2009) |
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11/24/2009 |
MEMORANDUM
OF LAW in Support re: ( |
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11/24/2009 |
DECLARATION
of Adam S. Hakki in Support re: 64 MOTION to
Dismiss the Consolidated Amended Class Action Complaint.. Document
filed by Merrill Lynch & Co., Inc., Merrill Lynch, Pierce, Fenner &
Smith Incorporated. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F (Part
1), # 7 Exhibit
F (Part 2), # 8
Exhibit G, # 9
Exhibit H, # 10
Exhibit I, # 11
Exhibit J)(Hakki, Adam) (Entered: 11/24/2009) |
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11/24/2009 |
CERTIFICATE
OF SERVICE of Notice of Motion to Dismiss and Memorandum and Declaration
(with exhibits) in Support served on Plaintiffs on 11/24/09. Document filed
by William Barnet |
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11/24/2009 |
MEMORANDUM
OF LAW in Support re: 64
MOTION to Dismiss the Consolidated Amended Class Action Complaint..
Document filed by Merrill Lynch & Co., Inc., Merrill Lynch, Pierce,
Fenner & Smith Incorporated. (Hakki, Adam) (Entered: 11/24/2009) |
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11/30/2009 |
LETTER
addressed to Judge Denny Chin from Frederic S. Fox, Steven B. Singer, and
Gregory M. Castaldo dated 10/6/2009 re: On behalf of Lead Plaintiffs in the
Securities Actions and pursuant to Rule 2(A) of Your Honor's Individual
Practices, we write respectfully request a pre-motion conference to seek
leave to move for an order modifying the stay of discovery request a pre-motion
conference to seek leave. Document filed by The Public Pension Fund Group,
Public Pension Funds, The Institutional Group.Associated Cases:
1:09-md-02058-DC et al.(jmi) (Entered: 12/01/2009) |
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11/30/2009 |
LETTER
addressed to Judge Denny Chin from Peter C. Hein dated 10/8/2009 re:
Plaintiffs' application to modify the statutory discovery stay should be
denied. Document filed by Public Pension Funds, The Public Pension Fund
Group.(jmi) (Entered: 12/01/2009) |
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11/30/2009 |
LETTER
addressed to Judge Denny Chin from Frederic S. Fox, Max W. Berger, and
Gregory M. Castaldo dated 11/30/2009 re: We represent Lead Plaintiffs in the
Securities Actions. We write to inform the Court of two significant
developments that further support Lead Plaintiffs' October 6, 2009 letter
requesting leave to move for an order modifying the PSLRA'S discovery stay,
and contradict the arguments set forth in Defendants' letter of October 8,
2009. Document filed by The Public Pension Fund Group, Public Pension Funds,
The Institutional Group.Associated Cases: 1:09-md-02058-DC et al.(jmi)
(Entered: 12/01/2009) |
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11/30/2009 |
LETTER
addressed to Judge Denny Chin from Peter C. Hein dated 10/15/2009 re: The
additional matters the securities plaintiffs point to in their October 14
letter do not demonstrate the "undue prejudice" required to meet
their burden of establishing grounds for modification of the
statutorily-mandated PSLRA stay. Document filed by Public Pension Funds, The
Public Pension Fund Group.(jmi) (Entered: 12/01/2009) |
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12/03/2009 |
ENDORSED
LETTER addressed to Judge Denny Chin from Peter C. Hein dated 12/1/09 re:
request for leave of the Court to file a memorandum of law of up to 45 pages
(instead of the 25-page limit provided in Your Honor's rules) in support of
the motion to dismiss being made by the multiple categories of defendants we
represent, i.e., Bank of America; the individual members of Bank of America's
Corporate Benefits Committee; Kenneth Lewis; and the members of Bank of
America's Board of Directors. ENDORSEMENT: Approved. Plaintiffs may have 45
pages for their opposition brief. (Signed by Judge Denny Chin on 12/3/09)
(rjm) (Entered: 12/03/2009) |
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12/04/2009 |
MOTION
for Richard D. Bernstein to Appear Pro Hac Vice. Document filed by Peter
Stingi. Filed In Associated Cases: 1:09-md-02058-DC, 1:09-cv-00808-DC(rjm)
(ad). (Entered: 12/07/2009) |
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12/07/2009 |
NOTICE
OF APPEARANCE by Richard C. Pepperman, II on behalf of Fox-Pitt Kelton
Cochran Caronia Waller (USA) L.L.C., J.C. Flowers & Co., L.L.C.
(Pepperman, Richard) (Entered: 12/07/2009) |
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12/07/2009 |
NOTICE
OF APPEARANCE by Tracy Richelle High on behalf of Fox-Pitt Kelton Cochran
Caronia Waller (USA) L.L.C., J.C. Flowers & Co., L.L.C. (High, Tracy)
(Entered: 12/07/2009) |
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12/07/2009 |
NOTICE
OF APPEARANCE by Jennifer Margaret Sheinfeld on behalf of Fox-Pitt Kelton
Cochran Caronia Waller (USA) L.L.C., J.C. Flowers & Co., L.L.C.
(Sheinfeld, Jennifer) (Entered: 12/07/2009) |
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12/07/2009 |
RULE 7.1
CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by J.C.
Flowers & Co., L.L.C..(Pepperman, Richard) (Entered: 12/07/2009) |
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12/07/2009 |
RULE 7.1
CORPORATE DISCLOSURE STATEMENT. Identifying Macquarie Group Limited as
Corporate Parent. Document filed by Fox-Pitt Kelton Cochran Caronia Waller
(USA) L.L.C..(Pepperman, Richard) (Entered: 12/07/2009) |
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12/07/2009 |
ENDORSED
LETTER addressed to Judge Denny Chin from Lawrence Portnoy dated 12/3/09 re:
We write to request leave of the Court to file a memorandum of law of up to
60 pages (instead of the 25-page limit provided in Your Honor's rules) in
support of the motion to dismiss being made by the Individual Bank of America
Defendants, with an additional submission on behalf of defendant Thomas
Montag not to exceed ten pages, and as further requested. ENDORSEMENT: The
proposed page limits for both sides, as set forth above, are approved.
(Signed by Judge Denny Chin on 12/7/09) (rjm) (Entered: 12/07/2009) |
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12/07/2009 |
ENDORSED
LETTER addressed to Judge Denny Chin from Roberto Finzi dated 12/7/09 re:
request for a two week extension (to December 22, 2009) for filing Mr. Kraus'
brief in support of a Motion to Dismiss, which is currently due on Tuesday,
December 8, 2009. ENDORSEMENT: Approved. So Ordered., (Replies due by
12/22/2009.) cc: All counsel (by mail). (Signed by Judge Denny Chin on
12/7/09) (rjm) (Entered: 12/08/2009) |
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12/08/2009 |
NOTICE
OF APPEARANCE by Mitchell A. Lowenthal on behalf of Brian T. Moynihan, Bruce
L. Hammonds, Richard K. Struthers (Lowenthal, Mitchell) (Entered: 12/08/2009) |
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12/08/2009 |
NOTICE
OF APPEARANCE by Lewis J. Liman on behalf of Brian T. Moynihan, Bruce L.
Hammonds, Richard K. Struthers (Liman, Lewis) (Entered: 12/08/2009) |
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12/08/2009 |
NOTICE
OF APPEARANCE by Peter C Hein on behalf of Bank of America Corp., Joe L.
Price, Kenneth D. Lewis Filed In Associated Cases: 1:09-md-02058-DC,
1:09-cv-05411-DC(Hein, Peter) (Entered: 12/08/2009) |
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12/08/2009 |
NOTICE
OF APPEARANCE by Eric M. Roth on behalf of Bank of America Corp., Joe L.
Price, Kenneth D. Lewis Filed In Associated Cases: 1:09-md-02058-DC,
1:09-cv-05411-DC(Roth, Eric) (Entered: 12/08/2009) |
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12/08/2009 |
NOTICE OF
APPEARANCE by Andrew Crawford Houston on behalf of Bank of America Corp., Joe
L. Price, Kenneth D. Lewis Filed In Associated Cases: 1:09-md-02058-DC,
1:09-cv-05411-DC(Houston, Andrew) (Entered: 12/08/2009) |
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12/08/2009 |
NOTICE
OF APPEARANCE by Peter C Hein on behalf of William Barnet |
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|
12/08/2009 |
NOTICE
OF APPEARANCE by Eric M. Roth on behalf of William Barnet |
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|
12/08/2009 |
NOTICE
OF APPEARANCE by Andrew Crawford Houston on behalf of William Barnet |
|
|
12/08/2009 |
NOTICE
OF APPEARANCE by Rodman Kerr Forter on behalf of William Barnet |
|
|
12/08/2009 |
NOTICE OF
APPEARANCE by Jonathan D Polkes on behalf of Gregory Fleming Filed In
Associated Cases: 1:09-md-02058-DC, 1:09-cv-00808-DC(Polkes, Jonathan)
(Entered: 12/08/2009) |
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12/08/2009 |
MOTION
to Dismiss All Claims Against The Financial Advisors in the Consolidated
Shareholder Derivative and Class Action Complaint. Document filed by
Fox-Pitt Kelton Cochran Caronia Waller (USA) L.L.C., J.C. Flowers & Co.,
L.L.C.. (Attachments: # 1 Exhibit
Certificate of Service)(High, Tracy) (Entered: 12/08/2009) |
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|
12/08/2009 |
MEMORANDUM
OF LAW in Support re: 92
MOTION to Dismiss All Claims Against The Financial Advisors in the
Consolidated Shareholder Derivative and Class Action Complaint.. Document
filed by Fox-Pitt Kelton Cochran Caronia Waller (USA) L.L.C., J.C. Flowers
& Co., L.L.C.. (High, Tracy) (Entered: 12/08/2009) |
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12/08/2009 |
MOTION
to Dismiss the Consolidated Shareholder Derivative and Class Action
Complaint. Document filed by Nelson Chai. (Attachments: # 1 Certificate of
Service)Filed In Associated Cases: 1:09-md-02058-DC, 1:09-cv-00808-DC(Zinman,
Daniel) (Entered: 12/08/2009) |
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|
12/08/2009 |
MEMORANDUM
OF LAW in Support re: ( |
|
|
12/08/2009 |
JOINT
MOTION to Dismiss the Consolidated Shareholder Derivative Complaint.
Document filed by Michael Ross, Peter Stingi.(Schachter, Michael) (Entered:
12/08/2009) |
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|
12/08/2009 |
DECLARATION
of Richard C. Pepperman, II in Support re: 92 MOTION to
Dismiss All Claims Against The Financial Advisors in the Consolidated
Shareholder Derivative and Class Action Complaint.. Document filed by
Fox-Pitt Kelton Cochran Caronia Waller (USA) L.L.C., J.C. Flowers & Co.,
L.L.C.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(High,
Tracy) (Entered: 12/08/2009) |
|
|
12/08/2009 |
JOINT
MEMORANDUM OF LAW in Support re: 96 JOINT MOTION to
Dismiss the Consolidated Shareholder Derivative Complaint.. Document
filed by Michael Ross, Peter Stingi. (Attachments: # 1 Exhibit
A)(Schachter, Michael) (Entered: 12/08/2009) |
|
|
12/08/2009 |
NOTICE
OF APPEARANCE by Andrew J. Levander on behalf of Jonathan A. Thain Filed In
Associated Cases: 1:09-md-02058-DC, 1:09-cv-05411-DC(Levander, Andrew)
(Entered: 12/08/2009) |
|
|
12/08/2009 |
NOTICE
OF APPEARANCE by David Scott Hoffner on behalf of Jonathan A. Thain Filed In
Associated Cases: 1:09-md-02058-DC, 1:09-cv-05411-DC(Hoffner, David)
(Entered: 12/08/2009) |
|
|
12/08/2009 |
NOTICE
OF APPEARANCE by Jennie Boehm Krasner on behalf of Jonathan A. Thain Filed In
Associated Cases: 1:09-md-02058-DC, 1:09-cv-05411-DC(Krasner, Jennie)
(Entered: 12/08/2009) |
|
|
12/08/2009 |
NOTICE
OF APPEARANCE by Andrew J. Levander on behalf of John A. Thain Filed In
Associated Cases: 1:09-md-02058-DC, 1:09-cv-02581-DC,
1:09-cv-02609-DC(Levander, Andrew) (Entered: 12/08/2009) |
|
|
12/08/2009 |
NOTICE
OF APPEARANCE by Lawrence Jay Portnoy on behalf of Thomas K Montag, William
Barnet |
|
|
12/08/2009 |
NOTICE
OF APPEARANCE by David Scott Hoffner on behalf of John A. Thain Filed In
Associated Cases: 1:09-md-02058-DC, 1:09-cv-02581-DC,
1:09-cv-02609-DC(Hoffner, David) (Entered: 12/08/2009) |
|
|
12/08/2009 |
NOTICE OF
APPEARANCE by Jennie Boehm Krasner on behalf of John A. Thain Filed In
Associated Cases: 1:09-md-02058-DC, 1:09-cv-02581-DC,
1:09-cv-02609-DC(Krasner, Jennie) (Entered: 12/08/2009) |
|
|
12/08/2009 |
MOTION
to Dismiss the Consolidated Shareholder Derivative and Class Action
Complaint. Document filed by Gregory Fleming.Filed In Associated Cases:
1:09-md-02058-DC, 1:09-cv-00808-DC(Polkes, Jonathan) (Entered: 12/08/2009) |
|
|
12/08/2009 |
NOTICE OF
APPEARANCE by Charles S. Duggan on behalf of William Barnet |
|
|
12/08/2009 |
MEMORANDUM
OF LAW in Support re: ( |
|
|
12/08/2009 |
NOTICE
OF APPEARANCE by Douglas Kent Yatter on behalf of William Barnet |
|
|
12/08/2009 |
MOTION
to Dismiss the Consolidated Shareholder Derivative and Class Action
Complaint. Document filed by Carol T. Christ, Armando M. Codina, Virgis
W. Colbert, John D. Finnegan, Judith Mayhew Jonas, Aulana L. Peters, Joseph
W. Prueher, Ann N. Reese, Charles O. Rossotti. (Attachments: # 1 Consolidated
Shareholder Derivative And Class Action Complaint)(North, Julie) (Entered:
12/08/2009) |
|
|
12/08/2009 |
MEMORANDUM
OF LAW in Support re: 110
MOTION to Dismiss the Consolidated Shareholder Derivative and Class Action
Complaint. ("Memorandum Of Law In Support Of The Merrill
Independent Director Defendants' Motion To Dismiss The Consolidated
Shareholder Derivative And Class Action Complaint"). Document filed
by Carol T. Christ, Armando M. Codina, Virgis W. Colbert, John D. Finnegan,
Judith Mayhew Jonas, Aulana L. Peters, Joseph W. Prueher, Ann N. Reese,
Charles O. Rossotti. (North, Julie) (Entered: 12/08/2009) |
|
|
12/08/2009 |
MOTION
to Dismiss Plaintiff Michael Bahnmaier's Individual Amended Complaint.
Document filed by John A. Thain, Jonathan A. Thain.Filed In Associated Cases:
1:09-md-02058-DC, 1:09-cv-05411-DC(Hoffner, David) (Entered: 12/08/2009) |
|
|
12/08/2009 |
MEMORANDUM
OF LAW in Support re: ( |
|
|
12/08/2009 |
MOTION
to Dismiss The Consolidated Shareholder Derivative And Class Action
Complaint. Document filed by John A. Thain. Responses due by
2/8/2010Filed In Associated Cases: 1:09-md-02058-DC et al.(Hoffner, David)
(Entered: 12/08/2009) |
|
|
12/08/2009 |
MEMORANDUM
OF LAW in Support re: ( |
|
|
12/08/2009 |
MOTION
to Dismiss for Lack of Jurisdiction., MOTION to Dismiss.( Responses due by
2/8/2010) Document filed by Joe L. Price, Bank of America, Kenneth D. Lewis,
Bank of America Corp..Filed In Associated Cases: 1:09-md-02058-DC,
1:09-cv-05411-DC(Hein, Peter) (Entered: 12/08/2009) |
|
|
12/08/2009 |
DECLARATION
of Andrew C. Houston in Support re: ( |
|
|
12/08/2009 |
MOTION
to Dismiss CONSOLIDATED SHAREHOLDER DERIVATIVE |
|
|
12/08/2009 |
MOTION
to Dismiss. Document filed by William Barnet |
|
|
12/08/2009 |
MEMORANDUM
OF LAW in Support re: ( |
|
|
12/08/2009 |
MEMORANDUM
OF LAW in Support re: ( |
|
|
12/08/2009 |
DECLARATION
of Rodman K. Forter, Jr. in Support re: ( |
|
|
12/08/2009 |
DECLARATION
of LAWRENCE PORTNOY in Support re: ( |
|
|
12/08/2009 |
CERTIFICATE
OF SERVICE of Notice of Motion, Memorandum of Law in Support of Motion,
Declaration in Support of Motion served on Counsel on 12/08/2008. Document
filed by William Barnet |
|
|
12/08/2009 |
MOTION
to Dismiss CONSOLIDATED SHAREHOLDER DERIVATIVE |
|
|
12/08/2009 |
MEMORANDUM
OF LAW in Support re: ( |
|
|
12/08/2009 |
MOTION
to Dismiss Consolidated Derivative Actions on Behalf of Nominal Defendant
Bank of America Corporation., MOTION to Dismiss for Lack of
Jurisdiction.( Responses due by 2/8/2010), MOTION to Stay re: ( |
|
|
12/08/2009 |
MEMORANDUM
OF LAW in Support re: ( |
|
|
12/09/2009 |
CERTIFICATE
OF SERVICE of Notice of Motion, Memorandum of Law in Support of Motion,
Declaration in Support of Motion served on Counsel on 12/08/2009. Document
filed by Bank of America Corp., Joe L. Price, Bank of America, Kenneth D.
Lewis. Filed In Associated Cases: 1:09-md-02058-DC, 1:09-cv-05411-DC(Houston,
Andrew) (Entered: 12/09/2009) |
|
|
12/09/2009 |
CERTIFICATE
OF SERVICE. Document filed by William Barnet |
|
|
12/09/2009 |
CERTIFICATE
OF SERVICE. Document filed by Thomas K Montag. Filed In Associated Cases:
1:09-md-02058-DC et al.(Portnoy, Lawrence) (Entered: 12/09/2009) |
|
|
12/10/2009 |
ORDER
FOR ADMISSION PRO HAC VICE OF RICHARD D. BERNSTEIN. Upon the Motion of
Michael S. Schachter, counsel for Defendant Peter Stingi, and the Affidavit
of Michael S. Schachter in Support of the Motion, IT IS HEREBY ORDERED that:
Richard D. Bernstein is admitted to practice pro hac vice as counsel for
Defendant Peter Stingi in the above-captioned action in the United States
District Court for the Southern District of New York upon payment to the
Clerk of ecf applicable fee. All attorneys appearing before this Court are
subject to the Local Rules of this Court. granting (41) Motion for Richard D.
Bernstein to Appear Pro Hac Vice in case 1:09-cv-00808-DC; granting (79)
Motion for Richard D. Bernstein to Appear Pro Hac Vice in case
1:09-md-02058-DC. (Signed by Judge Denny Chin on 12/10/09) Filed In
Associated Cases: 1:09-md-02058-DC, 1:09-cv-00808-DC(rjm) (Entered:
12/11/2009) |
|
|
12/10/2009 |
|
Transmission
to Attorney Admissions Clerk. Transmitted re: ( |
|
12/16/2009 |
NOTICE
OF CHANGE OF ADDRESS by Beth Ann Kaswan on behalf of James F. Lehmann,
Westmoreland County Employee Retirement System, West Palm Beach Police
Pension Fund, Firemen's and Policemen's Pension and Relief Fund of the City
of Tuscaloosa, James F. Lehmann, Firemen's and Policemen's Pension and Relief
Fund of the City of Tuscaloosa, Westmoreland County Employee Retirement
System. New Address: Scott+Scott LLP, 500 Fifth Avenue, 40th Floor, New York,
NY, USA 10110, 212-223-6444. Filed In Associated Cases: 1:09-md-02058-DC et
al.(Kaswan, Beth) (Entered: 12/16/2009) |
|
|
12/17/2009 |
ORDER.
The parties have submitted letters with respect to a disagreement over the
production of documents in response to my Memorandum Decision dated November
16, 2009. Although it is technically true, as defendants now allege, that I
lifted the stay of discovery, it was clearly my intention that defendants
produce the documents they have produced to other parties in the other
actions and proceedings. I did not contemplate that defendants and their
counsel would re-review the documents for relevancy. If the documents were
produced pursuant to confidentiality agreements, I would expect that the
documents would be produced pursuant to similar confidentiality agreements
here. The parties are directed to negotiate in good faith, and in an
expeditious manner, over the terms of such a confidentiality agreement and
order. If the parties cannot agree, the Court will rule on the areas of
disagreement. (Signed by Judge Denny Chin on 12/17/09) (rjm) (Entered:
12/18/2009) |
|
|
12/18/2009 |
MEMORANDUM
OF LAW in Opposition re: ( |
|
|
12/18/2009 |
DECLARATION
of Sharan Nirmul in Opposition re: ( |
|
|
12/21/2009 |
NOTICE
OF APPEARANCE by James N. Benedict on behalf of Peter Kraus (Benedict, James)
(Entered: 12/21/2009) |
|
|
12/21/2009 |
NOTICE
OF APPEARANCE by Sean Miles Murphy on behalf of Peter Kraus (Murphy, Sean)
(Entered: 12/21/2009) |
|
|
12/21/2009 |
NOTICE
OF APPEARANCE by Andrew Walker Robertson on behalf of Peter Kraus (Robertson,
Andrew) (Entered: 12/21/2009) |
|
|
12/21/2009 |
NOTICE
OF APPEARANCE by Michael Benjamin Weiner on behalf of Peter Kraus (Weiner,
Michael) (Entered: 12/21/2009) |
|
|
12/21/2009 |
NOTICE
OF MOTION for Joshua E. D'Ancona to Appear Pro Hac Vice. Document filed by
The Public Pension Fund Group, Public Pension Funds. Filed In Associated
Cases: 1:09-md-02058-DC et al.(rjm) (Entered: 12/22/2009) |
|
|
12/22/2009 |
MOTION
to Dismiss CONSOLIDATED SHAREHOLDER DERIVATIVE |
|
|
12/22/2009 |
MEMORANDUM
OF LAW in Support re: ( |
|
|
12/23/2009 |
|
CASHIERS
OFFICE REMARK on 79
Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 12/04/2009,
Receipt Number 707563. (jd) (Entered: 12/23/2009) |
|
12/23/2009 |
MOTION
for Protective Order and to Clarify the Court's December 17 Order.,
MOTION to Amend/Correct. Document filed by William Barnet |
|
|
12/23/2009 |
MEMORANDUM
OF LAW in Support re: ( |
|
|
12/23/2009 |
NOTICE
OF APPEARANCE by Shawn Joseph Chen on behalf of Bank of America Corp. (Chen,
Shawn) (Entered: 12/23/2009) |
|
|
12/23/2009 |
DECLARATION
of Shawn J. Chen in Support re: 144 MOTION for
Protective Order and to Clarify the Court's December 17 Order. MOTION
to Amend/Correct.. Document filed by Bank of America Corp.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Chen,
Shawn) (Entered: 12/23/2009) |
|
|
12/23/2009 |
DECLARATION
of Jonathan E. Goldin in Support re: ( |
|
|
12/24/2009 |
MEMORANDUM
OF LAW in Support re: ( |
|
|
12/24/2009 |
CERTIFICATE
OF SERVICE of Notice of Motion for Clarification of the Court's December 17
Order and for Entry of a Protective Order, memorandum in support (with
appendix), Chen declaration in suppport and Goldin declaration in support
served on Counsel on 12/24/09. Document filed by William Barnet |
|
|
12/24/2009 |
CERTIFICATE
OF SERVICE of Notice of Motion for Clarification of the Court's December 17
Order and for Entry of a Protective Order, memorandum in support (with
appendix), Chen declaration in suppport and Goldin declaration in support
served on Counsel on 12/24/09. Document filed by William Barnet |
|
|
12/24/2009 |
CERTIFICATE
OF SERVICE of Notice of Motion for Clarification of the Court's December 17
Order and for Entry of a Protective Order, memorandum in support (with
appendix), Chen declaration in suppport and Goldin declaration in support
served on Counsel on 12/24/09. Document filed by William Barnet |
|
|
12/29/2009 |
ORDER FOR
ADMISSION PRO HAC VICE ON WRITTEN MOTION. ORDER granting (125) Motion for
Joshua E. D'Ancona to Appear Pro Hac Vice in case 1:09-cv-00580-DC; granting
(43) Motion for Joshua E. D'Ancona to Appear Pro Hac Vice in case
1:09-cv-00638-DC; granting (62) Motion for Joshua E. D'Ancona to Appear Pro
Hac Vice in case 1:09-cv-00606-DC; granting (22) Motion for Joshua E.
D'Ancona to Appear Pro Hac Vice in case 1:09-cv-00720-GBD; granting (52)
Motion for Joshua E. D'Ancona to Appear Pro Hac Vice in case 1:09-cv-00740-DC-RLE;
granting (65) Motion for Joshua E. D'Ancona to Appear Pro Hac Vice in case
1:09-cv-00808-DC; granting (63) Motion for Joshua E. D'Ancona to Appear Pro
Hac Vice in case 1:09-cv-00851-DC; granting (56) Motion for Joshua E.
D'Ancona to Appear Pro Hac Vice in case 1:09-cv-00834-DC; granting (34)
Motion for Joshua E. D'Ancona to Appear Pro Hac Vice in case
1:09-cv-00880-DC; granting (53) Motion for Joshua E. D'Ancona to Appear Pro
Hac Vice in case 1:09-cv-00881-DC; granting (41) Motion for Joshua E. D'Ancona
to Appear Pro Hac Vice in case 1:09-cv-00914-DC; granting (54) Motion for
Joshua E. D'Ancona to Appear Pro Hac Vice in case 1:09-cv-00928-DC; granting
(30) Motion for Joshua E. D'Ancona to Appear Pro Hac Vice in case
1:09-cv-01056-DC; granting (51) Motion for Joshua E. D'Ancona to Appear Pro
Hac Vice in case 1:09-cv-01174-DC; granting (41) Motion for Joshua E.
D'Ancona to Appear Pro Hac Vice in case 1:09-cv-01177-DC; granting (50)
Motion for Joshua E. D'Ancona to Appear Pro Hac Vice in case 1:09-cv-01333-DC;
granting (57) Motion for Joshua E. D'Ancona to Appear Pro Hac Vice in case
1:09-cv-01331-DC; granting (51) Motion for Joshua E. D'Ancona to Appear Pro
Hac Vice in case 1:09-cv-01463-DC; granting (61) Motion for Joshua E.
D'Ancona to Appear Pro Hac Vice in case 1:09-cv-01434-DC; granting (55)
Motion for Joshua E. D'Ancona to Appear Pro Hac Vice in case
1:09-cv-01561-DC; granting (45) Motion for Joshua E. D'Ancona to Appear Pro
Hac Vice in case 1:09-cv-01572-DC; granting (36) Motion for Joshua E. D'Ancona
to Appear Pro Hac Vice in case 1:09-cv-01606-DC; granting (51) Motion for
Joshua E. D'Ancona to Appear Pro Hac Vice in case 1:09-cv-01612-DC; granting
(29) Motion for Joshua E. D'Ancona to Appear Pro Hac Vice in case
1:09-cv-01941-DC; granting (40) Motion for Joshua E. D'Ancona to Appear Pro
Hac Vice in case 1:09-cv-02350-DC; granting (41) Motion for Joshua E.
D'Ancona to Appear Pro Hac Vice in case 1:09-cv-02389-DC; granting (48)
Motion for Joshua E. D'Ancona to Appear Pro Hac Vice in case 1:09-cv-02581-DC;
granting (43) Motion for Joshua E. D'Ancona to Appear Pro Hac Vice in case
1:09-cv-02609-DC; granting (40) Motion for Joshua E. D'Ancona to Appear Pro
Hac Vice in case 1:09-cv-02674-DC; granting (141) Motion for Joshua E.
D'Ancona to Appear Pro Hac Vice in case 1:09-md-02058-DC; granting (27)
Motion for Joshua E. D'Ancona to Appear Pro Hac Vice in case
1:09-cv-05410-DC; granting (42) Motion for Joshua E. D'Ancona to Appear Pro
Hac Vice in case 1:09-cv-05411-DC; granting (26) Motion for Joshua E. D'Ancona
to Appear Pro Hac Vice in case 1:09-cv-06305-DC for The Public Pension Fund
Group, Public Pension Funds. (Signed by Judge Denny Chin on 12/29/09) Filed
In Associated Cases: 1:09-md-02058-DC et al.(db) (Entered: 12/29/2009) |
|
|
12/29/2009 |
|
Transmission
to Attorney Admissions Clerk. Transmitted re: ( |
|
12/30/2009 |
|
CASHIERS
OFFICE REMARK on 141
Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 12/21/2009,
Receipt Number 709864. (jd) (Entered: 12/30/2009) |
|
01/04/2010 |
MEMORANDUM
OF LAW in Opposition re: ( |
|
|
01/04/2010 |
DECLARATION
of Steven B. Singer in Opposition re: ( |
|
|
01/04/2010 |
CERTIFICATE
OF SERVICE. Document filed by Fjarde Ap-Fonden, Ohio Public Employees Retirement
System, State Teachers Retirement System of Ohio, Stichting Pensioenfonds
Zorg en Welzijin, Teachers Retirement System of Texas. Filed In Associated
Cases: 1:09-md-02058-DC et al.(Singer, Steven) (Entered: 01/04/2010) |
|
|
01/15/2010 |
NOTICE
of Appearance of Maya Saxena, Joseph E. White, |
|
|
01/20/2010 |
ENDORSED
LETTER addressed to Judge Denny Chin from Peter C. Hein dated 1/14/10 re: We
write to request leave of the Court to file a reply brief of up to 40 pages
on behalf of all of the multiple categories of defendants we represent, i.
e., Bank of America Corporation, Banc of America Securities LLC (an
Underwriter Defendant), three individual defendants who served as executives
of Bank of America (Messrs. Lewis, Price and Cotty), and 15 additional
individual defendants who served on Bank of America's board of directors.
ENDORSEMENT: Approved. So Ordered. (Signed by Judge Denny Chin on 1/19/10)
(rjm) (Entered: 01/20/2010) |
|
|
01/20/2010 |
STIPULATION
|
|
|
01/20/2010 |
STIPULATION
|
|
|
01/21/2010 |
NOTICE
OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules
of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give
notice that the above-captioned action is voluntarily dismissed, WITHOUT
prejudice against the defendant(s) all defendants. Document filed by Finger
Interests Number One |
|
|
01/25/2010 |
ORDER
GRANTING PLAINTIFF'S MOTION FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE. The
Court has considered Plaintiff Finger Interests Number One Ltd.'s notice of
voluntary dismissal, without prejudice, of its claims against Defendants, and
hereby ORDERS that all claims asserted by Finger Interests Number One Ltd. in
its Complaint in Case No. 09- |
|
|
01/25/2010 |
NOTICE
OF CHANGE OF ADDRESS by Andrew M. Volk on behalf of Mark Adams. New Address:
Hagens Berman Sobol Shapiro LLP, 1918 8th Avenue, Suite 3300, Seattle, WA,
USA 98101, 206-623-7292. Filed In Associated Cases: 1:09-md-02058-DC et
al.(Volk, Andrew) (Entered: 01/25/2010) |
|
|
01/25/2010 |
MOTION
for David W.T. Daniels to Appear Pro Hac Vice. Document filed by Michael
Ross, Nelson Chai.(rjm) (Entered: 01/27/2010) |
|
|
01/26/2010 |
REPLY
MEMORANDUM OF LAW in Support re: ( |
|
|
01/26/2010 |
REPLY
MEMORANDUM OF LAW in Support re: ( |
|
|
01/26/2010 |
DECLARATION
of Jonathan E. Goldin in Support re: ( |
|
|
01/26/2010 |
REPLY
MEMORANDUM OF LAW in Support re: ( |
|
|
01/26/2010 |
CERTIFICATE
OF SERVICE served on Counsel on January 26, 2010. Document filed by William
Barnet |
|
|
01/26/2010 |
CERTIFICATE
OF SERVICE served on Counsel on January 26, 2010. Document filed by William
Barnet |
|
|
01/26/2010 |
175 |
TRANSCRIPT
of proceedings held on 1/5/10, 10:40am before Judge Denny Chin. (rjm)
(Entered: 02/04/2010) |
|
01/28/2010 |
|
CASHIERS
OFFICE REMARK on 170
Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 01/25/2010,
Receipt Number 892539. (jd) (Entered: 01/28/2010) |
|
01/29/2010 |
ENDORSED
LETTER addressed to Judge Denny Chin from Andrew M. Volk dated 1/22/10 re: We
write to request leave of the Court to file a memorandum of law of up to 65
pages in opposition to the motion to dismiss filed on behalf of multiple
categories of Defendants, including Bank of America, the members of Bank of
America's Corporate Benefits Committee, Kenneth Lewis, and the members of
Bank of America's Board of Directors... ENDORSEMENT: Approved. (Signed by
Judge Denny Chin on 1/28/10) (rjm) (Entered: 01/29/2010) |
|
|
01/29/2010 |
ORDER
FOR ADMISSION OF DAVID W.T. DANIELS PRO HAC VICE ON WRITTEN MOTION. IT IS
HEREBY ORDERED that David W.T. Daniels is admitted to practice pro hac vice
as counsel for Defendants Nelson Chai and Michael Ross, in the
above-captioned case in the United States District Court for the Southern
District of New York. granting 170 Motion for
David W.T. Daniels to Appear Pro Hac Vice. (Signed by Judge Denny Chin on
1/28/10) (rjm) (Entered: 01/29/2010) |
|
|
01/29/2010 |
|
Transmission
to Attorney Admissions Clerk. Transmitted re: 172 Order on Motion
to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of
Attorney Information. (rjm) (Entered: 01/29/2010) |
|
01/29/2010 |
RIDER TO
STIPULATION |
|
|
01/29/2010 |
NOTICE
OF APPEARANCE by David Kessler on behalf of State Teachers Retirement System
of Ohio, Ohio Public Employees Retirement System, Teachers Retirement System
of Texas, Stichting Pensioenfonds Zorg en Welzijin, Fjarde Ap-Fonden, Public
Pension Funds, State Teachers Retirement System of Ohio Filed In Associated
Cases: 1:09-md-02058-DC, 1:09-cv-00580-DC(Kessler, David) (Entered:
01/29/2010) |
|
|
02/04/2010 |
ENDORSED
LETTER addressed to Judge Denny Chin from William B. Federman dated 1/28/2010
re: We represent Plaintiff Michael Bahnmaier ("Bahnmaier"), who has
an individual action against Bank of America Corp., Kenneth D. Lewis, Joe L.
Price, and John Thain (collectively "Defendants"). We write to
request a three week extension of time to file Bahnmaier's response to Defendants'
Motions to Dismiss. The present deadline is February 8, 2010, and we request
that the new deadline be set for March 1, 2010. ENDORSEMENT: Approved. SO
ORDERED.( Responses due by 3/1/2010) (Signed by Judge Denny Chin on 2/4/2010)
Filed In Associated Cases: 1:09-md-02058-DC, 1:09-cv-05411-DC(jmi) (Entered:
02/05/2010) |
|
|
02/08/2010 |
MEMORANDUM
OF LAW in Opposition re: 119 MOTION to
Dismiss. (ERISA). Document filed by Rhonda Wilson, Mark Adams,
Elizabeth Eagen, Vernon C. Dailey, Richard Adame, Arlene Kahn, Petra Chatman.
(Volk, Andrew) (Entered: 02/08/2010) |
|
|
02/08/2010 |
DECLARATION
of Andrew M. Volk in Opposition re: 119 MOTION to
Dismiss.. Document filed by Rhonda Wilson, Mark Adams, Elizabeth Eagen,
Vernon C. Dailey, Richard Adame, Arlene Kahn, Petra Chatman. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Volk,
Andrew) (Entered: 02/08/2010) |
|
|
02/08/2010 |
MEMORANDUM
OF LAW in Opposition re: 118 MOTION to
Dismiss CONSOLIDATED SHAREHOLDER DERIVATIVE |
|
|
02/08/2010 |
AFFIDAVIT
of Kevin L. Oufnac in Opposition re: 118 MOTION to
Dismiss CONSOLIDATED SHAREHOLDER DERIVATIVE |
|
|
02/08/2010 |
NOTICE
OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules
of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give
notice that the above-captioned action is voluntarily dismissed, without
prejudice against the defendant(s) Carol T. Christ, Armando M. Codina, Virgis
W. Colbert, John D. Finnegan, Gregory Fleming, Judith Mayhew Jonas, Peter
Kraus, Aulana L. Peters, Joseph W. Prueher, Ann N. Reese, Michael Ross,
Charles O. Rossotti, Peter Stingi, Nelson Chai, Thomas K Montag, John A.
Thain. Document filed by Hollywood Police Officers' Retirement System,
Louisiana Municipal Police Employees Retirement System. (Myers, Albert)
(Entered: 02/08/2010) |
|
|
02/08/2010 |
MEMORANDUM
OF LAW in Opposition re: 92 MOTION to
Dismiss All Claims Against The Financial Advisors in the Consolidated
Shareholder Derivative and Class Action Complaint.. Document filed by
Hollywood Police Officers' Retirement System, Louisiana Municipal Police
Employees Retirement System. (Myers, Albert) (Entered: 02/08/2010) |
|
|
02/18/2010 |
188 |
TRANSCRIPT
of proceedings held on 1/5/2010 before Judge Denny Chin. (dnd) (Entered:
02/25/2010) |
|
02/24/2010 |
MOTION
to Dismiss /Defendants' Notice of Motion to Dismiss the Complaint.
Document filed by Bank of America Corp., Kenneth D. Lewis.Filed In Associated
Cases: 1:09-md-02058-DC, 1:10-cv-00966-DC(Hein, Peter) (Entered: 02/24/2010) |
|
|
02/24/2010 |
MEMORANDUM
OF LAW in Support re: ( |
|
|
02/24/2010 |
NOTICE
OF APPEARANCE by Keola Robert Whittaker on behalf of Bank of America Corp.,
Kenneth D. Lewis Filed In Associated Cases: 1:09-md-02058-DC,
1:10-cv-00966-DC(Whittaker, Keola) (Entered: 02/24/2010) |
|
|
02/24/2010 |
DECLARATION
of Keola R. Whittaker in Support re: ( |
|
|
02/24/2010 |
CERTIFICATE
OF SERVICE. Document filed by Bank of America Corp., Kenneth D. Lewis. Filed
In Associated Cases: 1:09-md-02058-DC, 1:10-cv-00966-DC(Whittaker, Keola)
(Entered: 02/24/2010) |
|
|
02/25/2010 |
NOTICE
OF MOTION for Darren J. Check to Appear Pro Hac Vice. Document filed by State
Teachers Retirement System of Ohio, Teachers Retirement System of Texas,
Stichting Pensioenfonds Zorg en Welzijin, Public Pension Funds, Ohio Public
Employees Retirement System, Stichting Pensioenfonds Zorg en Welzijn, duly
represented by PGGM Vermogensbeheer B.V.Filed In Associated Cases:
1:09-md-02058-DC et al.(rjm) (Entered: 03/05/2010) |
|
|
03/04/2010 |
NOTICE
OF APPEARANCE by Stephen Christopher Szczerban on behalf of William Barnet |
|
|
03/04/2010 |
NOTICE
OF APPEARANCE by Stephen Christopher Szczerban on behalf of Bank of America
Corp. (Szczerban, Stephen) (Entered: 03/04/2010) |
|
|
03/04/2010 |
NOTICE
OF APPEARANCE by Stephen Christopher Szczerban on behalf of William Barnet |
|
|
03/08/2010 |
BRIEF /Memorandum
in Response to Plaintiffs' Motion for Appointment as Lead Plaintiffs and
Approval of Selection of Lead Counsel. Document filed by Bank of America
Corp., Neil A. Cotty, Joe L. Price, Kenneth D. Lewis.(Hein, Peter) (Entered:
03/08/2010) |
|
|
03/08/2010 |
CERTIFICATE
OF SERVICE. Document filed by Bank of America Corp., Neil A. Cotty, Joe L.
Price, Kenneth D. Lewis. (Hein, Peter) (Entered: 03/08/2010) |
|
|
03/08/2010 |
RESPONSE
in Support re: 62
MOTION to Dismiss. MOTION to Dismiss for Lack of Jurisdiction. Supplemental
Memorandum in Response to Plaintiffs' February 11 and 24 Letters and in
Further Support of the Bank Defendants' Motion to Dismiss. Document filed
by William Barnet |
|
|
03/08/2010 |
DECLARATION
of S. Christopher Szczerban in Support re: 62 MOTION to
Dismiss. MOTION to Dismiss for Lack of Jurisdiction.. Document filed by
William Barnet |
|
|
03/08/2010 |
CERTIFICATE
OF SERVICE. Document filed by William Barnet |
|
|
03/09/2010 |
|
CASHIERS
OFFICE REMARK on 192
Motion to Appear Pro Hac Vice, in the amount of $25.00, paid on 03/01/2010,
Receipt Number 895576. (jd) (Entered: 03/09/2010) |
|
03/11/2010 |
ORDER. Defendants
having moved to dismiss the complaint in Catalano v. Bank of America et al.,
No. 10 Civ. 0966, it is hereby ORDERED as follows: (1) Plaintiffs in Catalano
only shall respond to the motion in writing on or before April 1, 2010. (2)
Defendants shall file reply papers by April 15, 2010. If plaintiffs fail to
respond, the Court will grant the motion on default or decide it without the
benefit of plaintiffs input. (Replies due by 4/15/2010., Responses due by
4/1/2010) (Signed by Judge Denny Chin on 3/11/10) Filed In Associated Cases:
1:09-md-02058-DC, 1:10-cv-00966-DC(rjm) (Entered: 03/11/2010) |
|
|
03/11/2010 |
ORDER.
The Bank Defendants may file the motion to certify without a premotion
conference. It is hereby ORDERED as follows: (1) The Bank Defendants shall
file their motion to certify on or before March 25, 2010. (2) Plaintiffs
shall file opposition papers by April 8, 2010. (3) The Bank Defendants may
file reply papers on or before April 15, 2010. (Motions due by 3/25/2010.,
Replies due by 4/15/2010., Responses due by 4/8/2010). (Signed by Judge Denny
Chin on 3/11/10). Filed In Associated Cases: 1:09-md-02058-DC et al.(rjm)
(Entered: 03/11/2010) |
|
|
03/12/2010 |
NOTICE
OF APPEARANCE by Stephen Christopher Szczerban on behalf of Bank of America
Corp., Kenneth D. Lewis (Szczerban, Stephen) (Entered: 03/12/2010) |
|
|
03/12/2010 |
REPLY to
Response to Motion re: 62 MOTION to
Dismiss. MOTION to Dismiss for Lack of Jurisdiction.. Document filed by
Public Pension Funds. (Fox, Frederic) (Entered: 03/12/2010) |
|
|
03/12/2010 |
CERTIFICATE
OF SERVICE. Document filed by Public Pension Funds. (Fox, Frederic) (Entered:
03/12/2010) |
|
|
03/12/2010 |
MEMORANDUM
OF LAW in Opposition re: ( |
|
|
03/12/2010 |
DECLARATION
of William B. Federman in Opposition re: ( |
|
|
03/15/2010 |
ORDER
FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting (147) Motion for
Darren Check to Appear Pro Hac Vice in case 1:09-cv-00580-DC. (Signed by
Judge Denny Chin on 3/15/2010) Filed In Associated Cases: 1:09-md-02058-DC,
1:09-cv-00580-DC(tve) (Entered: 03/15/2010) |
|
|
03/16/2010 |
NOTICE
of Certificate of Service re: ( |
|
|
03/19/2010 |
REPLY to
Response to Motion re: 62 MOTION to
Dismiss. MOTION to Dismiss for Lack of Jurisdiction. Reply Memorandum In
Further Response To Plaintiffs' February 11 And 24 Letters. Document
filed by William Barnet |
|
|
03/19/2010 |
CERTIFICATE
OF SERVICE. Document filed by William Barnet |
|
|
03/24/2010 |
REPLY
MEMORANDUM OF LAW in Support re: 92 MOTION to
Dismiss All Claims Against The Financial Advisors in the Consolidated
Shareholder Derivative and Class Action Complaint.. Document filed by
Fox-Pitt Kelton Cochran Caronia Waller (USA) L.L.C., J.C. Flowers & Co.,
L.L.C.. (Attachments: # 1 Exhibit
Certificate of Service)(Pepperman, Richard) (Entered: 03/24/2010) |
|
|
03/25/2010 |
MOTION
To Certify A Question Of Law To The Delaware Supreme Court. Document filed by
William Barnet |
|
|
03/25/2010 |
MEMORANDUM
OF LAW in Support re: 210
MOTION To Certify A Question Of Law To The Delaware Supreme Court.. Document
filed by William Barnet |
|
|
03/25/2010 |
DECLARATION
of Christopher Szczerban in Support re: 210 MOTION To
Certify A Question Of Law To The Delaware Supreme Court.. Document filed by
William Barnet |
|
|
03/25/2010 |
CERTIFICATE
OF SERVICE. Document filed by William Barnet |
|
|
03/25/2010 |
REPLY
MEMORANDUM OF LAW in Support re: ( |
|
|
03/25/2010 |
DECLARATION
of Lawrence Portnoy in Support re: ( |
|
|
03/25/2010 |
REPLY
MEMORANDUM OF LAW in Support re: 119 MOTION to
Dismiss.. Document filed by William Barnet |
|
|
03/26/2010 |
JOINDER
to join re: 214
Reply Memorandum of Law in Support of Motion,,, Joinder of Nominal
Defendant Bank of America Corporation in the Individual Bank of America
Defendants Reply Memorandum of Law in Support of the Motion to Dismiss the
Consolidated Shareholder Derivative and Class Action Com-plaint. Document
filed by Bank of America Corp..(Hein, Peter) (Entered: 03/26/2010) |
|
|
03/26/2010 |
CERTIFICATE
OF SERVICE. Document filed by Bank of America Corp.. (Szczerban, Stephen)
(Entered: 03/26/2010) |
|
|
03/26/2010 |
DECLARATION
of Keola Whittaker in Support re: 119 MOTION to
Dismiss.. Document filed by William Barnet |
|
|
03/26/2010 |
CERTIFICATE
OF SERVICE. Document filed by William Barnet |
|
|
03/26/2010 |
CERTIFICATE
OF SERVICE. Document filed by William Barnet |
|
|
03/29/2010 |
STIPULATION
OF DISMISSAL. IT IS HEREBY STIPULATED |
|
|
03/29/2010 |
ENDORSED
LETTER addressed to Judge Denny Chin from Jay W. Eisenhofer dated 3/17/10 re:
Request for permission to submit a memorandum of law in opposition to BofA's
motion to certify. Pursuant to your Order of March 11, 2010, Plaintiffs'
opposition papers are due on April 8, 2010, and |
|
|
03/29/2010 |
|
Set
Deadlines/Hearings: Responses due by 4/8/2010 Associated Cases:
1:09-md-02058-DC, 1:09-cv-00580-DC(rjm) (Entered: 03/29/2010) |
|
03/29/2010 |
RESPONSE
to Motion re: ( |
|
|
03/29/2010 |
CERTIFICATE
OF SERVICE. Document filed by William Barnet |
|
|
03/29/2010 |
STIPULATION
|
|
|
04/07/2010 |
NOTICE OF
APPEARANCE by Peter C Hein on behalf of Kenneth D. Lewis, Bank of America
Corp. Filed In Associated Cases: 1:09-md-02058-DC, 1:10-cv-02425-DC(Hein,
Peter) (Entered: 04/07/2010) |
|
|
04/07/2010 |
NOTICE
OF APPEARANCE by Keola Robert Whittaker on behalf of Kenneth D. Lewis, Bank
of America Corp. Filed In Associated Cases: 1:09-md-02058-DC,
1:10-cv-02425-DC(Whittaker, Keola) (Entered: 04/07/2010) |
|
|
04/07/2010 |
NOTICE OF
APPEARANCE by Eric M. Roth on behalf of Kenneth D. Lewis, Bank of America
Corp. Filed In Associated Cases: 1:09-md-02058-DC, 1:10-cv-02425-DC(Roth,
Eric) (Entered: 04/07/2010) |
|
|
04/07/2010 |
NOTICE
OF APPEARANCE by Jonathan Ezra Goldin on behalf of Kenneth D. Lewis, Bank of
America Corp. Filed In Associated Cases: 1:09-md-02058-DC,
1:10-cv-02425-DC(Goldin, Jonathan) (Entered: 04/07/2010) |
|
|
04/07/2010 |
NOTICE OF
APPEARANCE by Andrew Crawford Houston on behalf of Kenneth D. Lewis, Bank of
America Corp. Filed In Associated Cases: 1:09-md-02058-DC,
1:10-cv-02425-DC(Houston, Andrew) (Entered: 04/07/2010) |
|
|
04/07/2010 |
NOTICE
OF APPEARANCE by Stephen Christopher Szczerban on behalf of Kenneth D. Lewis,
Bank of America Corp. Filed In Associated Cases: 1:09-md-02058-DC, 1:10-cv-02425-DC(Szczerban,
Stephen) (Entered: 04/07/2010) |
|
|
04/07/2010 |
NOTICE
OF APPEARANCE by Mitchell A. Lowenthal on behalf of Bank of America Corp.,
Kenneth D. Lewis, Bank of America Corp. Filed In Associated Cases:
1:09-md-02058-DC, 1:10-cv-02425-DC(Lowenthal, Mitchell) (Entered: 04/07/2010) |
|
|
04/07/2010 |
NOTICE
OF APPEARANCE by Lewis J. Liman on behalf of Bank of America Corp., Kenneth
D. Lewis, Bank of America Corp. Filed In Associated Cases: 1:09-md-02058-DC,
1:10-cv-02425-DC(Liman, Lewis) (Entered: 04/07/2010) |
|
|
04/08/2010 |
RULE 7.1
CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bank
of America Corp..Associated Cases: 1:09-md-02058-DC, 1:10-cv-02425-DC(Hein,
Peter) (Entered: 04/08/2010) |
|
|
04/08/2010 |
MEMORANDUM
OF LAW in Opposition re: ( |
|
|
04/08/2010 |
MEMORANDUM
OF LAW in Opposition re: 210 MOTION To Certify
A Question Of Law To The Delaware Supreme Court. Lead Plaintiffs Brief in
Opposition to the Bank Defendants Motion to Certify. Document filed by
Public Pension Funds. (Singer, Steven) (Entered: 04/08/2010) |
|
|
04/08/2010 |
CERTIFICATE
OF SERVICE. Document filed by Public Pension Funds. (Singer, Steven)
(Entered: 04/08/2010) |
|
|
04/09/2010 |
CERTIFICATE
OF SERVICE of AMENDED Certificate of Service of Brief of Stichting
Pensioenfonds |
|
|
04/09/2010 |
MEMORANDUM
DECISION. The plaintiffs in Iron Workers, Dornfest, and Ciullo are free to
pursue their claims as individual cases - but not as class actions. Iron
Workers (No. 09 Civ. 10394), Dornfest (No. 10 Civ. 275), and Ciullo (No. 10
Civ. 1673) are hereby consolidated into the Consolidated Securities Actions
(No. 09 MDL 2058). The motions of the plaintiffs in these three cases for
appointment as lead plaintiffs and the appointment of their counsel as lead
counsel are denied. 2. Additional Individual Actions. On March 16, 2010,
Stichting Pensionfonds |
|
|
04/12/2010 |
STIPULATION
|
|
|
04/15/2010 |
REPLY
MEMORANDUM OF LAW in Support re: 210 MOTION To
Certify A Question Of Law To The Delaware Supreme Court.. Document filed by
William Barnet |
|
|
04/15/2010 |
CERTIFICATE
OF SERVICE. Document filed by William Barnet |
|
|
04/16/2010 |
ENDORSED
LETTER addressed to Judge Denny Chin from Peter C. Hein dated 4/14/10 re: We
write to request leave of the Court to file a reply brief of up to 20 pages.
On March 24, 2010, the Bank Defendants filed a 13-page brief in support of
their Motion to Certify. In response, on April 8, 2010, two separate opposition
briefs totaling 44 pages in length were filed: a 25-page brief filed by
counsel for Lead Plaintiffs, and a 19-page brief filed by counsel for
Plaintiff |
|
|
04/21/2010 |
ORDER
REGARDING ISSUANCE OF DOCUMENT PRESERVATION SUBPOENAS TO CERTAIN NON-PARTIES.
|
|
|
04/26/2010 |
REPLY
MEMORANDUM OF LAW in Support re: ( |
|
|
04/26/2010 |
REPLY
MEMORANDUM OF LAW in Support re: ( |
|
|
04/26/2010 |
DECLARATION
of S. Christopher Szczerban in Support re: ( |
|
|
04/26/2010 |
CERTIFICATE
OF SERVICE. Document filed by Bank of America Corp., Joe L. Price, Kenneth D.
Lewis. Filed In Associated Cases: 1:09-md-02058-DC,
1:09-cv-05411-DC(Szczerban, Stephen) (Entered: 04/26/2010) |
|
|
04/28/2010 |
ORDER
that upon Judge Chin's elevation to the Court of Appeals, this matter is
reassigned to the Honorable P. Kevin Castel. (Signed by Judge Loretta A.
Preska on 4/28/10) Filed In Associated Cases: 1:09-md-02058-DC et al.(cd)
(Entered: 04/28/2010) |
|
|
04/29/2010 |
ORDER
FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION. Attorney Sean M. Handler for
The Public Pension Fund Group, Public Pension Funds and The Public Pension
Fund Group admitted Pro Hac Vice. (Signed by Judge P. Kevin Castel, Part I on
4/27/10) Filed In Associated Cases: 1:09-md-02058-DC, 1:09-cv-00580-PKC(db)
(Entered: 04/29/2010) |
|
|
04/29/2010 |
ORDER
FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION. Attorney David Kessler for The
Public Pension Fund Group, Public Pension Funds and The Public Pension Fund
Group admitted Pro Hac Vice. (Signed by Judge P. Kevin Castel, Part I on
4/27/10) Filed In Associated Cases: 1:09-md-02058-DC, 1:09-cv-00580-PKC(db)
Modified on 4/29/2010 (db). (Entered: 04/29/2010) |
|
|
04/30/2010 |
NOTICE
of Agreement to Be Bound By Stipulation and Order Governing the Production
and Exchange of Confidential Material Entered January 20, 2010 and the
Exhibits and January 28, 2010 Rider Thereto. Document filed by Michael R.
Bahnmaier, Michael R. Bahnmaier. Filed In Associated Cases: 1:09-md-02058-DC,
1:09-cv-05411-PKC(Federman, William) (Entered: 04/30/2010) |
|
|
04/30/2010 |
ORDER.
The motions to dismiss the Consolidated Derivative Complaint filed by these
defendants (Docket Nos. 94, 96, 106, 110, 114, 125 and 142) are terminated as
moot. (Signed by Judge P. Kevin Castel on 4/29/10) Filed In Associated Cases:
1:09-md-02058-DC et al.(rjm) (Entered: 04/30/2010) |
|
|
04/30/2010 |
CERTIFICATE
OF SERVICE. Document filed by Michael R. Bahnmaier. Filed In Associated
Cases: 1:09-md-02058-DC, 1:09-cv-05411-PKC(Federman, William) (Entered:
04/30/2010) |
|
|
04/30/2010 |
MOTION
to Dismiss. Document filed by Bank of America Corp., Kenneth D. Lewis, Bank
of America Corp.. Responses due by 5/28/2010Filed In Associated Cases:
1:09-md-02058-DC, 1:10-cv-02425-PKC(Hein, Peter) (Entered: 04/30/2010) |
|
|
04/30/2010 |
MEMORANDUM
OF LAW in Support re: ( |
|
|
04/30/2010 |
DECLARATION
of S. Christopher Szczerban in Support re: ( |
|
|
04/30/2010 |
CERTIFICATE
OF SERVICE. Document filed by Bank of America Corp., Kenneth D. Lewis. Filed
In Associated Cases: 1:09-md-02058-DC, 1:10-cv-02425-PKC(Szczerban, Stephen)
(Entered: 04/30/2010) |
|
|
04/30/2010 |
CERTIFIED
|
|
|
04/30/2010 |
NOTICE
OF CASE REASSIGNMENT to Judge P. Kevin Castel. Judge Denny Chin is no longer
assigned to the case. (rjm) (Entered: 05/03/2010) |
|
|
05/05/2010 |
NOTICE
of Stichting Pensioenfonds |
|
|
05/07/2010 |
ORDER: In
accordance with my Orders of April 29, 2010 (MDL Docket Nos. 251, 252), the
Clerk is directed to update the docket to reflect that the motions of Sean M.
Handler and David Kessler for admission pro hac vice (MDL Docket Nos. 8,20)
were granted. ORDER in case 1:09-cv-00580-PKC; granting (20) Motion for Sean
M. Handler to Appear Pro Hac Vice; granting (8) Motion for David Kessler to
Appear Pro Hac Vice in case 1:09-md-02058-PKC. (Signed by Judge P. Kevin
Castel on 5/6/10) Filed In Associated Cases: 1:09-md-02058-PKC et al.(db)
(Entered: 05/07/2010) |
|
|
05/07/2010 |
ORDER:
The cases captioned Bahnmaier v. Bank of America Corporation, No. 09 Civ.
5411 (PKC), Munoz v. Merrill Lynch & Co., Inc., No. 09 Civ. 10077 (PKC),
Stiching Pensioenfonds |
|
|
05/07/2010 |
ORDER:
Counsel for all parties shall appear for a status conference in Courtroom 12C
at 11:00am on May 19, 2010. (Status Conference set for 5/19/2010 at 11:00 AM
in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin
Castel.) (Signed by Judge P. Kevin Castel on 5/7/10) Filed In Associated
Cases: 1:09-md-02058-PKC et al.(db) (Entered: 05/07/2010) |
|
|
05/07/2010 |
ORDER:
By May 14, 2010, Mr. Bahnmaier and interim lead plaintiffs in the
Consolidated Derivative Actions shall show cause in writing why the action
captioned Bahnmaier v. Lewis, No. 10 Civ. 1234, should not be consolidated
for all purposes with the Consolidated Derivative Action. Counsel for all
parties to the above-referenced actions shall appear in Courtroom 12C at
11:00am on May 19, 2010. (Show Cause Response due by 5/14/2010. Status
Conference set for 5/19/2010 at 11:00 AM in Courtroom 12C, 500 Pearl Street,
New York, NY 10007 before Judge P. Kevin Castel.) (Signed by Judge P. Kevin
Castel on 5/7/10) Filed In Associated Cases: 1:09-md-02058-PKC,
1:10-cv-01234-PKC(db) (Entered: 05/07/2010) |
|
|
05/07/2010 |
ORDER: On
March 29, 2010, the Court so ordered a stipulation dismissing in its entirety
the case captioned Catalano v. Bank of America, et al., No. 10 Civ. 966 (DC).
(MDL Docket No. 222.) Therefore, the defendants' motion to dismiss the
complaint in that action (MDL Docket No. 183) is hereby DENIED as moot. ORDER
denying (183) Motion to Dismiss in case 1:09-md-02058-PKC. (Signed by Judge
P. Kevin Castel on 5/6/10) Filed In Associated Cases: 1:09-md-02058-PKC,
1:10-cv-00966-DC(db) (Entered: 05/07/2010) |
|
|
05/13/2010 |
RESPONSE
re: ( |
|
|
05/13/2010 |
RESPONSE
re: ( |
|
|
05/13/2010 |
CERTIFICATE
OF SERVICE. Document filed by Michael R. Bahnmaier. Filed In Associated
Cases: 1:09-md-02058-PKC, 1:09-cv-05411-PKC, 1:10-cv-01234-PKC(Federman,
William) (Entered: 05/13/2010) |
|
|
05/13/2010 |
ENDORSED
LETTER addressed to Judge P. Kevin Castel from Marni Weiss dated 5/13/10 re:
This firm will be filing an amended complaint in connection with this matter
shortly adding two more plaintiffs. ENDORSEMENT: Leave to amend granted. SO
ORDERED. (Signed by Judge P. Kevin Castel on 5/13/10) Filed In Associated
Cases: 1:09-md-02058-PKC, 1:09-cv-10077-PKC(db) (Entered: 05/13/2010) |
|
|
05/14/2010 |
RESPONSE
re: ( |
|
|
05/14/2010 |
RESPONSE
re: 264 Order,
Set Deadlines/Hearings,,,,,,,,,,,,,,,,,,,, Lead Plaintiffs' Response To
The Court's May 7, 2010 Order To Show Cause. Document filed by Public
Pension Funds. (Attachments: # 1 Exhibit
A)(Singer, Steven) (Entered: 05/14/2010) |
|
|
05/14/2010 |
CERTIFICATE
OF SERVICE. Document filed by Public Pension Funds. (Singer, Steven)
(Entered: 05/14/2010) |
|
|
05/14/2010 |
RESPONSE
re: 266 Order,
Set Deadlines/Hearings,,,,. Document filed by Hollywood Police Officers'
Retirement System, Louisiana Municipal Police Employees Retirement System.
(Trinko, Curtis) (Entered: 05/14/2010) |
|
|
05/17/2010 |
SUPPLEMENTAL
RESPONSE re: ( |
|
|
05/17/2010 |
CERTIFICATE
OF SERVICE. Document filed by Michael R. Bahnmaier. Filed In Associated
Cases: 1:09-md-02058-PKC, 1:09-cv-05411-PKC(Federman, William) (Entered:
05/17/2010) |
|
|
05/19/2010 |
ADDENDUM
ORDER REGARDING THE CONFIDENTIALITY OF DOCUMENTS |
|
|
05/19/2010 |
ORDER
FOLLOWING PRETRIAL CONFERENCE. It is hereby ORDERED that: Defendant Bank of
America Corporation's Motion for Clarification of the Court's December 17
Order and for Entry of a Protective Order (MDL Docket No. 144), is DENIED as
moot; Within ten days, Lead Plaintiffs in the Consolidated Derivative Action
shall file an amended complaint setting forth in paragraphs 83 and 84 the
citizenship of the two defendants which are alleged to be limited liability
companies or, alternatively, disclaiming diversity of citizenship as a basis
for this Court's subject matter jurisdiction; The following actions are
consolidated for all purposes, and within ten days, plaintiffs in these
actions shall file a consolidated complaint: Stiching Pensioenfonds |
|
|
05/19/2010 |
|
Minute
Entry for proceedings held before Judge P. Kevin Castel: Status Conference
held on 5/19/2010, 11:15am. (1 hr. 30 mins.) Lead plaintiffs' counsel to
draft proposed order regarding discovery coordination by 6/21/10; parties to
draft letters (8 page maximum) regarding 14A issue and fax to Chambers by
6/4/10; Lead Plaintiffs' counsel to fax to Chambers letter regarding private
mediator. (See Court Addendum Order Following Conference of 5/19/10). Court
Reporter: Andrew Walker. Courtroom Deputy: Florence Nacanther. Relates to All
Actions. (rjm) (Entered: 05/24/2010) |
|
05/20/2010 |
MOTION
for Jonathan E. Goldin to Withdraw as Attorney. Document filed by William
Barnet |
|
|
05/20/2010 |
NOTICE
OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules
of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give
notice that the above-captioned action is voluntarily dismissed, without
prejudice against the defendant(s) Joanna Ciullo, Kenneth A. Ciullo. Document
filed by Kenneth A. Ciullo, Joanna Ciullo. (Speirs, Richard) (Entered:
05/20/2010) |
|
|
05/20/2010 |
ORDER:
By May 27, 2010, Lead Plaintiffs in the Consolidated Securities Action shall
inform the Court, in writing, whether any member of the Lead Plaintiffs
invested in Bank of America Corporation (BofA) options, and if so, the amount
of such investment. (Status Report due by 5/27/2010.) (Signed by Judge P.
Kevin Castel on 5/20/10) Filed In Associated Cases: 1:09-md-02058-PKC,
1:09-cv-10394-PKC, 1:10-cv-00275-PKC(db) (Entered: 05/20/2010) |
|
|
05/20/2010 |
NOTICE
OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)of the FRCP, the plaintiff(s)
and or their counsel(s), hereby give notice that the above-captioned action
is voluntarily dismissed without prejudice against the defendant(s) Kenneth
A. Ciullo, Joanna Ciullo, Joanna Ciullo; and request that no further notices
be given to or required of them in these actions, and to be removed from the
Court's ECF notification system. ENDORSEMENT: SO ORDERED. (Signed by Judge P.
Kevin Castel on 5/20/10) Filed In Associated Cases: 1:09-md-02058-PKC,
1:10-cv-01673-PKC(db) (Entered: 05/20/2010) |
|
|
06/02/2010 |
284 |
TRANSCRIPT
of proceedings held on 5/19/10, 11:20 a.m. before Judge P. Kevin Castel.
Relates to All Actions. (rjm) (Entered: 06/04/2010) |
|
06/07/2010 |
ENDORSED
LETTER addressed to Judge P. Kevin Castel from Christopher S. Jones and
Albert M. Myers dated 6/1/10 re: Request for an extension of time until
6/9/10 to file a conforming amended complaint. ENDORSEMENT: Application
Granted. SO ORDERED. (Amended Pleadings due by 6/9/2010.) (Signed by Judge P.
Kevin Castel on 6/7/10) Filed In Associated Cases: 1:09-md-02058-PKC et
al.(db) (Entered: 06/07/2010) |
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06/09/2010 |
MEMORANDUM
ENDORSEMENT re: 280
NOTICE OF MOTION FOR WITHDRAWAL OF APPEARANCE (09MDL2058 - and |
|
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06/09/2010 |
AMENDED
CONSOLIDATED SHAREHOLDER DERIVATIVE |
|
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06/10/2010 |
NOTICE
OF APPEARANCE by Irina Kobylevsky on behalf of Public Pension Funds
(Kobylevsky, Irina) (Entered: 06/10/2010) |
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06/22/2010 |
ORDER.
Within ten days, Lead Plaintiffs in the Consolidated Derivative Action shall
file a second amended complaint setting forth in paragraphs 83 and 84-in
accordance with the rules discussed above-the citizenship of the two
defendants which are alleged to be limited liability companies or,
alternatively, disclaiming diversity of citizenship as a basis for this
Court's subject matter jurisdiction. (Signed by Judge P. Kevin Castel on
6/22/10) (rjm) (Entered: 06/22/2010) |
|
|
06/25/2010 |
CONSOLIDATION
ORDER. The Individual Actions are consolidated with each other for pre-trial
purposes pursuant to Fed. R. Civ. P. 42(a). The Individual Actions are
further consolidated with the Consolidated Securities Action for pre-trial
purposes, pursuant to Fed. R. Civ. P. 42(a). No action taken hereunder shall
have the effect of making any person, firm or corporation a party to any
action in which the person or entity has not been named, served, or added as
such in accordance with the Federal Rules of Civil Procedure. When an action
that relates to the same subject matter as the Consolidated Securities Action
is hereafter filed in or transferred to this Court and assigned to the
undersigned, it shall be consolidated with the Consolidated Securities Action
for all purposes, unless a party objects to consolidation within ten days of
the date a copy of the order is served upon counsel for such party. G&E
and Susman Godfrey (10-cv-2284) shall have the right to amend the complaint
until 12/30/10 to add new plaintiffs on the condition that no substantive
amendments are made other than to add facts related to the new plaintiffs.
This order shall not affect these plaintiffs' right to substantively amend
the complaint with the defendants' consent or with the Court's leave in
accordance with Fed. R. Civ. P. 15(a), or the right of any of the Defendants
to object to any further amendment, as further set forth in said order.
(Signed by Judge P. Kevin Castel on 6/24/10) Filed In Associated Cases:
1:09-md-02058-PKC et al.(rjm) (Entered: 06/28/2010) |
|
|
07/06/2010 |
ENDORSED
LETTER addressed to Judge P. Kevin Castel from Christopher S. Jones and
Albert M. Myers dated 7/1/10 re: We represent Interim Lead Plaintiffs in the
Consolidated Derivative Action. We respectfully request that the Court stay
its Order requiring our additional amendment until 10 days after FPK and any
underlying entities have fully answered Plaintiffs' discovery requests, and
we are able to fully ensure that we are able to provide the Court with the
appropriate information. ENDORSEMENT: Lead Plaintiffs may initially proceed
by interrogatories limited to whether diversity jurisdiction exists.
Interrogatories to be responded to within ten (10) days of service. Lead
plaintiffs to amend by September 1. (Signed by Judge P. Kevin Castel on
7/6/10) (rjm) Modified on 7/6/2010 (rjm). (Entered: 07/06/2010) |
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07/15/2010 |
NOTICE
OF CHANGE OF ADDRESS by Irina Kobylevsky on behalf of Public Pension Funds.
New Address: Kaplan Fox & Kilsheimer, LLP, 850 Third Avenue, 14th Floor,
New York, New York, 10022, (212) 687-1980. (Kobylevsky, Irina) (Entered:
07/15/2010) |
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07/28/2010 |
NOTICE
of Service, dated July 28, 2010 re: 290 Order,,,,,,.
Document filed by Bank of America Corp., William Barnet |
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|
07/30/2010 |
NOTICE
of of Withdrawal of Plaintiff Judy Calibuso Pursuant to Fed. R. Civ. P.
41(a)(1) and Notice of Withdrawal of Her Counsel. Document filed by Judy
Calibuso. (Attachments: # 1 Certificate of
Service)(Geman, Rachel) (Entered: 07/30/2010) |
|
|
08/03/2010 |
NOTICE
OF CHANGE OF ADDRESS by Irina Kobylevsky on behalf of Public Pension Funds.
New Address: Kaplan Fox & Kilsheimer LLP, 850 Third Avenue, 14th Floor,
New York, New York, 10022, 212-687-1980. (Kobylevsky, Irina) (Entered:
08/03/2010) |
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08/16/2010 |
STIPULATION
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08/16/2010 |
DISCLOSURE
STIPULATION AGREEMENT |
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|
08/16/2010 |
NOTICE
OF APPEARANCE by Andrew J Entwistle on behalf of Thomas P. DiNapoli
(Entwistle, Andrew) (Entered: 08/16/2010) |
|
|
08/16/2010 |
NOTICE
OF APPEARANCE by Johnston de Forest Whitman, Jr on behalf of Thomas P.
DiNapoli (Whitman, Johnston) (Entered: 08/16/2010) |
|
|
08/16/2010 |
NOTICE
OF APPEARANCE by Jonathan H. Beemer on behalf of Thomas P. DiNapoli (Beemer,
Jonathan) (Entered: 08/16/2010) |
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|
08/16/2010 |
NOTICE
OF APPEARANCE by Joshua Killion Porter on behalf of Thomas P. DiNapoli
(Porter, Joshua) (Entered: 08/16/2010) |
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|
08/27/2010 |
MEMORANDUM
|
|
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08/27/2010 |
MEMORANDUM
|
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08/27/2010 |
|
***DELETED
DOCUMENT. Deleted document number (304) Memorandum & Order. The document
was docketed twice in this case. Filed In Associated Cases: 1:09-md-02058-PKC
et al. (ad) (Entered: 08/30/2010) |
|
08/31/2010 |
ENDORSED
LETTER addressed to Judge P. Kevin Castel from Curtis V. Trinko dated
08/31/2010 re: Derivative Plaintiffs respectfully request that the aforesaid
filing deadline for the amended Derivative Complaint to solely include
allegations regarding the citizenship of the Financial Advisors be extended
up to the aforesaid deadline for the Derivative Plaintiffs to file a motion
to amend, which motion will be submitted with a proposed Amended Complaint,
on Thursday, September 16, 2010. ENDORSEMENT: Granted. ( Motions due by
9/16/2010.) (Signed by Judge P. Kevin Castel on 08/31/2010) Filed In
Associated Cases: 1:09-md-02058-PKC et al.(ad) (Entered: 08/31/2010) |
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|
09/07/2010 |
DOCUMENT
REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to
Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s)
and or their counsel(s), hereby give notice that the above-captioned action
is voluntarily dismissed, without prejudice against the defendant(s) William
Barnet, |
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09/08/2010 |
|
***NOTE
TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney
Joseph Guglielmo Document 305 Notice of
Voluntary Dismissal, was referred to Judge P. Kevin Castel for approval. (dt)
(Entered: 09/08/2010) |
|
09/09/2010 |
NOTICE
OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules
of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give
notice that the above-captioned action is voluntarily dismissed against the
defendant(s) Westmoreland County Employee Retirement System, Firemen's and
Policemen's Pension and Relief Fund of the City of Tuscaloosa, James F.
Lehmann, West Palm Beach Police Pension Fund. (Signed by Judge P. Kevin
Castel on 9/9/2010) Filed In Associated Cases: 1:09-md-02058-PKC,
1:09-cv-01434-PKC, 1:09-cv-02581-PKC, 1:09-cv-02609-PKC(jmi) (Entered:
09/09/2010) |
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|
09/09/2010 |
MEMORANDUM
|
|
|
09/10/2010 |
MOTION
for Certificate of Appealability / The Bank Defendants' Notice of Motion
for Certification for Interlocutory Appeal, or, in the Alternative, for
Reconsideration, dated September 10, 2010. Document filed by Banc of
America Securities L.L.C., Bank of America Corp., William Barnet |
|
|
09/10/2010 |
MEMORANDUM
OF LAW in Support re: 308
MOTION for Certificate of Appealability / The Bank Defendants' Notice of
Motion for Certification for Interlocutory Appeal, or, in the Alternative,
for Reconsideration, dated September 10, 2010.. Document filed by Banc of
America Securities L.L.C., Bank of America Corp., William Barnet |
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|
09/10/2010 |
MOTION
for Certificate of Appealability Motion for Certification for
Interlocutory Appeal, or, in the Alternative, for Reconsideration.
Document filed by Merrill Lynch & Co., Inc., Merrill Lynch, Pierce,
Fenner & Smith Incorporated.(Hakki, Adam) (Entered: 09/10/2010) |
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|
09/10/2010 |
MEMORANDUM
OF LAW in Support re: 310
MOTION for Certificate of Appealability Motion for Certification for
Interlocutory Appeal, or, in the Alternative, for Reconsideration..
Document filed by Merrill Lynch & Co., Inc., Merrill Lynch, Pierce,
Fenner & Smith Incorporated. (Hakki, Adam) (Entered: 09/10/2010) |
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|
09/10/2010 |
MOTION
for Certificate of Appealability Defendant John A. Thain's Notice Of
Motion For Certification For Interlocutory Appeal, Or, In The Alternative,
For Reconsideration. Document filed by John A. Thain.(Hoffner, David)
(Entered: 09/10/2010) |
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|
09/10/2010 |
MEMORANDUM
OF LAW in Support re: 312
MOTION for Certificate of Appealability Defendant John A. Thain's Notice
Of Motion For Certification For Interlocutory Appeal, Or, In The Alternative,
For Reconsideration.. Document filed by John A. Thain. (Hoffner, David)
(Entered: 09/10/2010) |
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09/13/2010 |
MEMO
ENDORSEMENT on NOTICE OF MOTION |
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09/13/2010 |
STIPULATION
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09/15/2010 |
CERTIFICATE
OF SERVICE of Cynthia Scott dated September 15, 2010 re: 308 , 309 . Service was
made by email. Document filed by Banc of America Securities L.L.C., Bank of
America Corp., William Barnet |
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09/16/2010 |
MEMORANDUM
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|
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09/17/2010 |
NOTICE
OF APPEARANCE by Andrew J. Levander on behalf of Jonathan A. Thain Filed In
Associated Cases: 1:09-md-02058-PKC, 1:10-cv-01234-PKC(Levander, Andrew)
(Entered: 09/17/2010) |
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09/17/2010 |
NOTICE
OF APPEARANCE by David Scott Hoffner on behalf of Jonathan A. Thain Filed In
Associated Cases: 1:09-md-02058-PKC, 1:10-cv-01234-PKC(Hoffner, David)
(Entered: 09/17/2010) |
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09/17/2010 |
NOTICE OF
APPEARANCE by Jennie Boehm Krasner on behalf of Jonathan A. Thain Filed In
Associated Cases: 1:09-md-02058-PKC, 1:10-cv-01234-PKC(Krasner, Jennie)
(Entered: 09/17/2010) |
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09/17/2010 |
NOTICE
OF APPEARANCE by Andrew J. Levander on behalf of Jonathan A. Thain Filed In
Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC(Levander, Andrew)
(Entered: 09/17/2010) |
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09/17/2010 |
NOTICE
OF APPEARANCE by Andrew J. Levander on behalf of John A. Thain Filed In
Associated Cases: 1:09-md-02058-PKC, 1:09-cv-10077-PKC(Levander, Andrew)
(Entered: 09/17/2010) |
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09/17/2010 |
NOTICE
OF APPEARANCE by David Scott Hoffner on behalf of Jonathan A. Thain Filed In
Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC(Hoffner, David)
(Entered: 09/17/2010) |
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|
09/17/2010 |
NOTICE
OF APPEARANCE by David Scott Hoffner on behalf of John A. Thain Filed In
Associated Cases: 1:09-md-02058-PKC, 1:09-cv-10077-PKC(Hoffner, David)
(Entered: 09/17/2010) |
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09/17/2010 |
NOTICE
OF APPEARANCE by Jennie Boehm Krasner on behalf of Jonathan A. Thain Filed In
Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC(Krasner, Jennie)
(Entered: 09/17/2010) |
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09/17/2010 |
NOTICE
OF APPEARANCE by Jennie Boehm Krasner on behalf of John A. Thain Filed In
Associated Cases: 1:09-md-02058-PKC, 1:09-cv-10077-PKC(Krasner, Jennie)
(Entered: 09/17/2010) |
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09/20/2010 |
LETTER
addressed to Judge P. Kevin Castel from Christopher S. Jones dated 9/16/10
re: We represent Derivative Plaintiffs in the Consolidated Derivative Action,
and we write in response to the Court's August 27, 2010 Order granting
Derivative Plaintiffs 20 days to file a motion to amend their complaint. We
write to inform Your Honor that, at this time, Derivative Plaintiffs have
determined not to seek leave to amend their complaint. Notwithstanding this,
we also wish to inform Your Honor that Derivative Plaintiffs may seek such
relief prior to the close of fact discovery, in order to bring the pleadings
into conformance with the evidentiary record. Relates to All Derivative
Actions. (rjm) Modified on 9/30/2010 (rjm). (Entered: 09/30/2010) |
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|
09/21/2010 |
NOTICE
of Agreement to be Bound by the Stipulation and Order Governing the
Production and Exchange of Confidential Material re: ( |
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|
09/21/2010 |
STIPULATION
|
|
|
09/21/2010 |
STIPULATION
|
|
|
09/22/2010 |
ENDORSED
LETTER addressed to Judge P. Kevin Castel from Lawrence Portnoy dated 9/21/10
re: We write to respectfully request a pre-motion conference for permission
to dismiss the complaint in the Bahnmaier Derivative Action (the
"Complaint"), or in the alternative, for permission to file the
contemplated motion, as summarized in this letter, without such a conference.
ENDORSEMENT: A pre-motion conference will be held on 10/4/ |
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|
09/22/2010 |
ENDORSED
LETTER addressed to Judge P. Kevin Castel from Mitchell A. Lowenthal dated
9/20/10 re: We respectfully submit this letter on behalf of Bank of America
Corporation ("Bank of America" or the "Bank") and Kenneth
D. Lewis (collectively, the "Bank Defendants") under Your Honor's
Individual Practice 2.A(1) to request a pre-motion conference for permission
to move to dismiss Judith M. Koenick's pro se Complaint (the
"Complaint") pursuant to Federal Rules of Civil Procedure 8(a),
9(b), 12(b)(2), 12(b)(5) and 12(b)(6). ENDORSEMENT: Conference scheduled for
10/4/ |
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|
09/23/2010 |
NOTICE
OF APPEAL from 302
Memorandum and Order. Document filed by Mark Adams, Petra Chatman, Vernon C.
Dailey, Arlene Kahn, Rhonda Wilson, Mark Fusco, Deborah Foreman. Filing fee $
455.00, receipt number E 915752. [This Document Relates to: |
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|
09/23/2010 |
ENDORSED
LETTER addressed to Judge P. Kevin Castel from David S. Hoffner dated
9/23/2010 re: In the event of the filing by the Bank Defendants of a motion
to dismiss the Bahnmaier Securities Action; we respectfully request that the
Court permit Thain to join in such motion to the extent applicable.
ENDORSEMENT: Thain may join in any motion by the bank Defendants on the same
schedule. SO ORDERED. (Signed by Judge P. Kevin Castel on 9/23/10) (jmi)
(Entered: 09/27/2010) |
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|
09/24/2010 |
|
Transmission
of Notice of Appeal to the District Judge re: 332 Notice of
Appeal,. (nd) (Entered: 09/24/2010) |
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09/24/2010 |
|
Transmission
of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals
re: 332 Notice
of Appeal,. (nd) (Entered: 09/24/2010) |
|
09/24/2010 |
MEMORANDUM
OF LAW in Opposition re: 312 MOTION for
Certificate of Appealability Defendant John A. Thain's Notice Of Motion
For Certification For Interlocutory Appeal, Or, In The Alternative, For
Reconsideration., 308
MOTION for Certificate of Appealability / The Bank Defendants' Notice of
Motion for Certification for Interlocutory Appeal, or, in the Alternative,
for Reconsideration, dated September 10, 2010., 310 MOTION for
Certificate of Appealability Motion for Certification for Interlocutory
Appeal, or, in the Alternative, for Reconsideration.. Document filed by
Michael R. Bahnmaier. (Trinko, Curtis) (Entered: 09/24/2010) |
|
|
09/24/2010 |
MEMORANDUM
OF LAW in Opposition re: 312 MOTION for
Certificate of Appealability Defendant John A. Thain's Notice Of Motion
For Certification For Interlocutory Appeal, Or, In The Alternative, For
Reconsideration., 308
MOTION for Certificate of Appealability / The Bank Defendants' Notice of
Motion for Certification for Interlocutory Appeal, or, in the Alternative,
for Reconsideration, dated September 10, 2010., 310 MOTION for
Certificate of Appealability Motion for Certification for Interlocutory
Appeal, or, in the Alternative, for Reconsideration.. Document filed by
Hollywood Police Officers' Retirement System, Louisiana Municipal Police
Employees Retirement System. (Trinko, Curtis) (Entered: 09/24/2010) |
|
|
09/24/2010 |
MEMORANDUM
OF LAW in Opposition re: 312 MOTION for Certificate
of Appealability Defendant John A. Thain's Notice Of Motion For
Certification For Interlocutory Appeal, Or, In The Alternative, For
Reconsideration., 308
MOTION for Certificate of Appealability / The Bank Defendants' Notice of
Motion for Certification for Interlocutory Appeal, or, in the Alternative,
for Reconsideration, dated September 10, 2010., 310 MOTION for
Certificate of Appealability Motion for Certification for Interlocutory
Appeal, or, in the Alternative, for Reconsideration.. Document filed by
Public Pension Funds. (Singer, Steven) (Entered: 09/24/2010) |
|
|
09/24/2010 |
ENDORSED
LETTER addressed to Judge P. Kevin Castel from Shawn J. Chen dated 9/21/2010
re: We respectfully submit this letter on behalf of Bank of American Corporation
(the Bank), Kenneth D. Lewis and Joe L. Price under Your Honors Individual
Practice 2.A (I) to request a pre-motion conference for permission to move to
dismiss Michael Bahnmaiers Individual Amended Complaint for Violations of
Securities Law (the "Amended Complaint) Federal Rules of Civil Procedure
9(b) and 12(b)(6). Pursuant to Your Honor's June 25. 2010 Consolidation
Order, the Banks response to the Amended Complaint is due September 27, which
is the first business day 30 days after the. ENDORSEMENT: Conference will be
held on October |
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|
09/24/2010 |
|
Set/Reset
Deadlines: Responses due by 10/1/2010 (jmi) (Entered: 09/27/2010) |
|
09/29/2010 |
ENDORSED
LETTER addressed to Judge P. Kevin Castel from Shawn J. Chen dated 9/28/2010
re: To the extent that Bahnmaier is now seeking to amend his complaint, the
Bank Defendants believe that a conference on October 4 would be the most
opportune time to address that request. ENDORSEMENT: Subject to any request
to move the October 4 for scheduling needs, I will proceed with the October 4
conference. (Signed by Judge P. Kevin Castel on 9/29/2010) Filed In
Associated Cases: 1:09-md-02058-PKC, 1:09-cv-05411-PKC(jpo) Modified on
10/13/2010 (jpo). (Entered: 09/29/2010) |
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|
09/30/2010 |
ENDORSED
LETTER addressed to Judge P. Kevin Castel from William B. Federman dated
9/27/2010 re: request permission to either appear by telephone at the conference
on 10/4 or reschedule the conference. ENDORSEMENT: Conference adjourned to
11/2/2010 at 12:00pm from 10/4/2010. (Pre-Motion Conference set for 11/2/2010
at 12:00 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel
on 9/30/2010) (jar) (Entered: 09/30/2010) |
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|
09/30/2010 |
STIPULATION
|
|
|
09/30/2010 |
STIPULATION
|
|
|
10/01/2010 |
REPLY
MEMORANDUM OF LAW in Support re: 308 MOTION for
Certificate of Appealability / The Bank Defendants' Notice of Motion for
Certification for Interlocutory Appeal, or, in the Alternative, for
Reconsideration, dated September 10, 2010.. Document filed by Banc of
America Securities L.L.C., Bank of America Corp., William Barnet |
|
|
10/04/2010 |
|
Appeal
Record Sent to USCA (Electronic File). Certified Indexed record on Appeal
Electronic Files for 292
Notice of Change of Address filed by Public Pension Funds, 199 Order, Set
Deadlines/Hearings,,,, 333 Memorandum of
Law in Opposition to Motion,, filed by Michael R. Bahnmaier, 124 Certificate of
Service Other, filed by Jackie M. Ward, Meredith R. Spangler, Bank of
America, Thomas M. Ryan, Liam E. McGee, Thomas J. May, Patricia E. Mitchell,
Monica C. Lozano, Brian T. Moynihan, Tommy R. Franks, Walter E. Massey,
Kenneth D. Lewis, Barbara J. Desoer, Frank P. Bramble, Sr., J. Steele Alphin,
Bank of America Corp., Gary L. Countryman, O. Temple Sloan, Jr., Bruce L.
Hammonds, Richard K. Struthers, John T. Collins, William Barnet |
|
10/05/2010 |
CERTIFICATE
OF SERVICE of Richard V. Conza, dated October 4, 2010, 343 . Document
filed by Banc of America Securities L.L.C., Bank of America Corp., William
Barnet |
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|
10/08/2010 |
MEMORANDUM
|
|
|
10/12/2010 |
STIPULATION
|
|
|
10/12/2010 |
|
Set
Deadlines/Hearings: Amended Pleadings due by 10/27/2010. Associated Cases:
1:09-md-02058-PKC, 1:10-cv-05563-PKC(rjm) (Entered: 10/13/2010) |
|
10/12/2010 |
347 |
TRANSCRIPT
of proceedings held on 10/4/2010 at 10:45 a.m. before Judge P. Kevin Castel.
(jn) (Entered: 10/13/2010) |
|
10/12/2010 |
MOTION
TO ADMIT COUNSEL PRO HAC VICE for Jennifer Selling Montagna to Appear Pro Hac
Vice. Document filed by Michael R. Bahnmaier. Filed In Associated Cases:
1:09-md-02058-PKC, 1:09-cv-05411-PKC, 1:10-cv-01234-PKC(rjm) (Entered:
10/14/2010) |
|
|
10/13/2010 |
ANSWER
to Amended Complaint with JURY DEMAND. Document filed by John A. Thain.
Related document: 288
Amended Complaint,,,, filed by Louisiana Municipal Police Employees
Retirement System, Hollywood Police Officers' Retirement System.(Hoffner,
David) (Entered: 10/13/2010) |
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|
10/14/2010 |
NOTICE
OF APPEARANCE by Mary Jo White on behalf of Kenneth D. Lewis (White, Mary Jo)
(Entered: 10/14/2010) |
|
|
10/14/2010 |
NOTICE
OF APPEARANCE by Andrew J. Ceresney on behalf of Kenneth D. Lewis (Ceresney,
Andrew) (Entered: 10/14/2010) |
|
|
10/14/2010 |
NOTICE
OF APPEARANCE by Colby A. Smith on behalf of Kenneth D. Lewis (Smith, Colby)
(Entered: 10/14/2010) |
|
|
10/15/2010 |
ENDORSED
LETTER addressed to Judge P. Kevin Castel from Mitchell A. Lowenthal dated
10/14/10 re: As the Court knows, Lead Plaintiffs have determined to file a
Consolidated Second Amended Class Action Complaint (the "SAC"). It
is due tomorrow. Lead Plaintiffs have advised us yesterday that the SAC would
refer to certain documents that have been designated as Confidential"
under the existing protective order entered on January 20, 2010 (the
"Protective Order"), and have asked that we advise them by the
close of business today whether the defendants would consent to the public
filing of the SAC. ENDORSEMENT: Proposal approved except any material in the
operative complaint or annexed to the operative complaint must be in the open
public record unless the Lugosch, |
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|
10/18/2010 |
ANSWER
to Amended Complaint. Document filed by Kenneth D. Lewis. Related document: 288 Amended
Complaint,,,, filed by Louisiana Municipal Police Employees Retirement
System, Hollywood Police Officers' Retirement System.(Smith, Colby) (Entered:
10/18/2010) |
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|
10/18/2010 |
ANSWER to
Amended Complaint. Document filed by Frank P. Bramble, Sr., John T. Collins,
Gary L. Countryman, Tommy R. Franks, Charles K. Gifford, Monica C. Lozano,
Walter E. Massey, Thomas J. May, Patricia E. Mitchell, Thomas M. Ryan, O.
Temple Sloan, Jr., Meredith R. Spangler, Robert L. Tillman, Jackie M.
Ward.(Barbieri, Dominick) (Entered: 10/18/2010) |
|
|
10/18/2010 |
CERTIFICATE
OF SERVICE. Document filed by Frank P. Bramble, Sr., John T. Collins, Gary L.
Countryman, Tommy R. Franks, Charles K. Gifford, Monica C. Lozano, Walter E.
Massey, Thomas J. May, Patricia E. Mitchell, Thomas M. Ryan, O. Temple Sloan,
Jr., Meredith R. Spangler, Robert L. Tillman, Jackie M. Ward. Filed In
Associated Cases: 1:09-md-02058-PKC et al.(Barbieri, Dominick) (Entered:
10/18/2010) |
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10/18/2010 |
ANSWER
to Amended Complaint. Document filed by Bank of America Corp.. Related
document: 288
Amended Complaint,,,, filed by Louisiana Municipal Police Employees
Retirement System, Hollywood Police Officers' Retirement System.(Liman,
Lewis) (Entered: 10/18/2010) |
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|
10/18/2010 |
ENDORSED
LETTER addressed to Judge P. Kevin Castel from Frederick Fox, Steven Singer,
and David Kessler dated 10/15/10 re: We can provide the Court with a
blackline version of the Complaint upon request. ENDORSEMENT: Please furnish
to the Court within 5 days. (Signed by Judge P. Kevin Castel on 10/18/10)
Filed In Associated Cases: 1:09-md-02058-PKC et al.(cd) (Entered: 10/19/2010) |
|
|
10/18/2010 |
ORDER
For Admission Pro Hac Vice On Written Motion granting (349) Motion for
Jennifer Selling Montagna to Appear Pro Hac Vice in case 1:09-md-02058-PKC;
granting (106) Motion for Jennifer Selling Montagna to Appear Pro Hac Vice in
case 1:09-cv-05411-PKC; granting (37) Motion for Jennifer Selling Montagna to
Appear Pro Hac Vice in case 1:10-cv-01234-PKC. (Signed by Judge P. Kevin
Castel on 10/18/10) Filed In Associated Cases: 1:09-md-02058-PKC,
1:09-cv-05411-PKC, 1:10-cv-01234-PKC(cd) (Entered: 10/19/2010) |
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10/19/2010 |
|
CASHIERS
OFFICE REMARK on 349
Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 10/12/2010,
Receipt Number 917156. (jd) (Entered: 10/19/2010) |
|
10/20/2010 |
CERTIFICATE
OF SERVICE of Richard V. Conza, dated October 20, 2010 357 served on
October 18, 2010. Service was made by Email. Document filed by Bank of
America Corp.. (Liman, Lewis) (Entered: 10/20/2010) |
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10/21/2010 |
DISCLOSURE
STIPULATION |
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10/22/2010 |
ENDORSED
LETTER addressed to Judge P. Kevin Castel from James N. Benedict dated
10/19/2010 re: Counsel request the Court to direct the clerk to remove their
email address along with the email address of their partner Sean M. Murphy
from the email list for this case. ENDORSEMENT: OK. So Ordered. (Signed by
Judge P. Kevin Castel on 10/22/2010) (jfe) (Entered: 10/22/2010) |
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10/22/2010 |
CONSOLIDATED
SECOND AMENDED CLASS ACTION COMPLAINT against Bank of America, William Barnet
|
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10/27/2010 |
AMENDED
COMPLAINT against Bank of America Corp., Neil A. Cotty, Kenneth D. Lewis, Joe
L. Price, Joseph L. Price with JURY DEMAND. Document filed by Public
Employees' Retirement Association of Colorado, New York State Teachers'
Retirement System, Thomas P. DiNapoli. Relates to 09md2018, 10-5563. (rjm)
(rjm). (Entered: 11/03/2010) |
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11/02/2010 |
|
Minute
Entry for proceedings held before Judge P. Kevin Castel: Pre-Motion
Conference held on 11/2/2010. Plaintiff is to submit letter brief on November
10, 2010, defendant reply November 17, 2010, plaintiff response November 23,
2010 on potential conflict. On direct and derivative actions, plaintiff is to
draft a proposed amended pleading, within 90 days and provide in draft to
defendants. Defendants to notify whether they consent to the amendment. If no
consented to, plaintiff may file motion to amend 10 days thereafter. Associated
Cases: 1:09-md-02058-PKC, 1:09-cv-05411-PKC, 1:10-cv-01234-PKC(mro) (Entered:
11/04/2010) |
|
11/10/2010 |
RULE 7.1
CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bank
of America Corp..(Liman, Lewis) (Entered: 11/10/2010) |
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11/10/2010 |
ANSWER
to Amended Complaint. Document filed by Bank of America Corp., Neil A. Cotty,
Kenneth D. Lewis, Joe L. Price. Related document: 364 Amended
Complaint, filed by New York State Teachers' Retirement System, Public
Employees' Retirement Association of Colorado, Thomas P. DiNapoli.(Liman,
Lewis) (Entered: 11/10/2010) |
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11/19/2010 |
ENDORSED
LETTER addressed to Judge P. Kevin Castel from Peter C. Hein and Mitchell A.
Lowenthal dated 11/18/10 re: counsel respectfully submits this letter under
Your Honor's Individual Practice Rule 2.A(1) on behalf of the Bank Defendants
and the remaining defendants who intend to move to dismiss the Consolidated
Second Amended Class Action Complaint (the "SAC") pursuant to
Federal Rule of Civil Procedure 12(b)(6). ENDORSEMENT: See Order of September
9, 2010 (DE 307). File motion on schedule indicated in that Order. (Signed by
Judge P. Kevin Castel on 11/18/10); Filed In Associated Cases:
1:09-md-02058-PKC et al. (djc) (Entered: 11/23/2010) |
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11/22/2010 |
AMENDED
DISCLOSURE STIPULATION AGREEMENT |
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11/23/2010 |
NOTICE
OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules
of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give
notice that the above-captioned action is voluntarily dismissed, without
prejudice prejudice against the defendant(s) Bank of America Corp., Kenneth
D. Lewis. Document filed by Judith M. Koenick. (mbe) (Entered: 12/09/2010) |
|
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11/29/2010 |
MOTION
to Dismiss /The Bank Defendants' Notice of Motion to Dismiss Claims, and
New Plaintiff Classes, Asserted in the Consolidated Second Amended Class
Action Complaint, dated November 29, 2010. Document filed by Banc of
America Securities L.L.C., Bank of America Corp., William Barnet |
|
|
11/29/2010 |
DECLARATION
of Jennifer Kennedy Park, dated November 29, 2010 in Support re: 369 MOTION to
Dismiss /The Bank Defendants' Notice of Motion to Dismiss Claims, and New
Plaintiff Classes, Asserted in the Consolidated Second Amended Class Action
Complaint, dated November 29, 2010.. Document filed by Banc of America
Securities L.L.C., Bank of America Corp., William Barnet |
|
|
11/29/2010 |
MEMORANDUM
OF LAW in Support re: 369
MOTION to Dismiss /The Bank Defendants' Notice of Motion to Dismiss
Claims, and New Plaintiff Classes, Asserted in the Consolidated Second
Amended Class Action Complaint, dated November 29, 2010.. Document filed
by Banc of America Securities L.L.C., Bank of America Corp., William Barnet |
|
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11/29/2010 |
MOTION
to Dismiss the Consolidated Second Amended Class Action Complaint.
Document filed by John A. Thain.(Hoffner, David) (Entered: 11/29/2010) |
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11/29/2010 |
MOTION
to Dismiss the Consolidated Second Amended Class Action Complaint.
Document filed by Merrill Lynch & Co., Inc., Merrill Lynch, Pierce,
Fenner & Smith Incorporated.(Hakki, Adam) (Entered: 11/29/2010) |
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11/29/2010 |
PLAINTIFF
JUDITH M. KOENICK'S NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE, Pursuant
to Rule 41(a)(l)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff
Judith Koenick, the plaintiff in Action No. 10 Civ. 2425, hereby voluntarily
dismisses, without prejudice, her claims against Defendants Kenneth D. Lewis
and Bank of America Corp., filed on January 20, 2010. (pl) (Entered:
11/30/2010) |
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|
11/29/2010 |
STIPULATION
OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE; (1) The action captioned Koenick v.
Lewis, Case No. 10-cv-2425 (PKC), is hereby dismissed without prejudice and
without costs to any party, pursuant to Rule 41 (a)(l)(A)(i)-(ii) of the
Federal Rules of Civil Procedure; and (2) Plaintiff will retain all rights
provided by Rule 23 of the Federal Rules of Civil Procedure, including the
right to opt out of the Class at the appropriate time. (Signed by Judge P.
Kevin Castel on 11/29/10) Filed In Associated Cases: 1:09-md-02058-PKC,
1:10-cv-02425-PKC(pl) (Entered: 11/30/2010) |
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|
12/02/2010 |
CERTIFICATE
OF SERVICE of Richard V. Conza re 369 , 370 and 371 on November 28,
2010. Service was made by electronic filing and email. Document filed by Banc
of America Securities L.L.C., Bank of America Corp., William Barnet |
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|
12/06/2010 |
ENDORSED
LETTER addressed to Judge P. Kevin Castel from Robert N. Kaplan, Frederic S.
Fox, Max W. Berger, Steven B. Singer, Gregory Castaldo and David Kessler
dated 12/3/10 re: Lead Plaintiffs request permission to file a memorandum of
law of no longer than 50 pages in opposition to Defendants motions (to
dismiss). Defendants consent to this request. ENDORSEMENT: Application
granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 12/6/10) Filed In
Associated Cases: 1:09-md-02058-PKC et al.(db) (Entered: 12/06/2010) |
|
|
12/10/2010 |
NOTICE
of Agreement to be Bound by the Stipulation and Order Governing the
Production and Exchange of Confidential Material. Document filed by New York
State Teachers' Retirement System. (Entwistle, Andrew) (Entered: 12/10/2010) |
|
|
12/10/2010 |
NOTICE
of Agreement to be Bound by the Stipulation and Order Governing the Production
and Exchange of Confidential Material. Document filed by Public Employees'
Retirement Association of Colorado. (Entwistle, Andrew) (Entered: 12/10/2010) |
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|
12/14/2010 |
ORDER
that for the foregoing reasons, I conclude that the derivative action
Bahnmaier v. Lewis 10 cv 1234(PKC), may not proceed with Mr. Bahnmaier acting
as the derivative plaintiff. The action is dismissed without prejudice.
(Signed by Judge P. Kevin Castel on 12/13/10) Filed In Associated Cases:
1:09-md-02058-PKC, 1:09-cv-05411-PKC, 1:10-cv-01234-PKC(cd) (Entered:
12/14/2010) |
|
|
12/15/2010 |
PLAINTIFF
JUDITH M. KOENICK'S NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE, that
Pursuant to Rule 41 (a)(l )(A)(i) of the Federal Rules of Civil Procedure,
Plaintiff Judith Koenick, the plaintiff in Action No. 10 Civ. 2425, hereby
voluntarily dismisses, without prejudice, her claims against Defendants
Kenneth D. Lewis and Bank of America Corp., filed on January 20, 2010.
Plaintiffs action was consolidated with the Consolidated Securities Class
Action, Case No. |
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|
12/21/2010 |
ORDER:
In a letter dated December 20, 2010, the plaintiff requests that I reconsider
a Memorandum and Order of December 14, 2010, which held that plaintiff
Michael R. Bahnmaier could not pursue an action for his own direct recovery
against Bank of America Corp. ("Bank of America") simultaneous to
pursuing derivative relief on behalf of Bank of America. 10 Civ. 1234 (Docket
# 44.) As part of the December 20 letter, counsel to Bahnmaier state that
they are aware of "a client with standing who is willing to litigate the
derivative action," and "requests that this Court reconsider its
Order of December 14, 2010 and, instead of dismissing the Bahnamier action
without prejudice, permit a substitute shareholder of Bank of America to be a
derivative plaintiff." Putting aside counsel's erroneous statement that
Article |
|
|
12/21/2010 |
MEMORANDUM
OF LAW in Opposition re: 369 MOTION to
Dismiss /The Bank Defendants' Notice of Motion to Dismiss Claims, and New
Plaintiff Classes, Asserted in the Consolidated Second Amended Class Action
Complaint, dated November 29, 2010., 372 MOTION to
Dismiss the Consolidated Second Amended Class Action Complaint., 373 MOTION to
Dismiss the Consolidated Second Amended Class Action Complaint..
Document filed by Public Pension Funds. (Singer, Steven) (Entered:
12/21/2010) |
|
|
12/21/2010 |
DECLARATION
of Steven B. Singer in Opposition re: 369 MOTION to
Dismiss /The Bank Defendants' Notice of Motion to Dismiss Claims, and New
Plaintiff Classes, Asserted in the Consolidated Second Amended Class Action
Complaint, dated November 29, 2010., 372 MOTION to
Dismiss the Consolidated Second Amended Class Action Complaint., 373 MOTION to
Dismiss the Consolidated Second Amended Class Action Complaint..
Document filed by Public Pension Funds. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit
F)(Singer, Steven) (Entered: 12/21/2010) |
|
|
12/23/2010 |
MOTION
for Keola R. Whittaker to Withdraw as Attorney. Document filed by Bank of
America Corp., Kenneth D. Lewis.(Whittaker, Keola) (Entered: 12/23/2010) |
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|
01/10/2011 |
|
|
|
01/21/2011 |
STIPULATION
|
|
|
01/27/2011 |
ENDORSED
LETTER addressed to Judge P. Kevin Castel from Lewis Liman dated 1/25/11 re:
Request to file a brief no longer than 25 pages by defendants. ENDORSEMENT:
Application granted. (Signed by Judge P. Kevin Castel on 1/26/11) (cd)
(Entered: 01/28/2011) |
|
|
01/28/2011 |
DECLARATION
of /Supplemental Declaration of Jennifer Kennedy Park, dated January 28, 2011
in Support re: 369
MOTION to Dismiss /The Bank Defendants' Notice of Motion to Dismiss
Claims, and New Plaintiff Classes, Asserted in the Consolidated Second
Amended Class Action Complaint, dated November 29, 2010.. Document filed
by Banc of America Securities L.L.C., Bank of America Corp., William Barnet |
|
|
01/28/2011 |
REPLY
MEMORANDUM OF LAW in Support re: 369 MOTION to
Dismiss /The Bank Defendants' Notice of Motion to Dismiss Claims, and New
Plaintiff Classes, Asserted in the Consolidated Second Amended Class Action
Complaint, dated November 29, 2010.. Document filed by Banc of America
Securities L.L.C., Bank of America Corp., William Barnet |
|
|
01/28/2011 |
CERTIFICATE
OF SERVICE of Richard V. Conza re 390 and 391 on January 28,
2011. Service was made by E-Mail and CM/ECF Notification. Document filed by
Banc of America Securities L.L.C., Bank of America Corp., William Barnet |
|
|
02/04/2011 |
NOTICE
of Motion For Withdrawal of Appearance. Document filed by Thomas P. DiNapoli,
New York State Teachers' Retirement System, Public Employees' Retirement
Association of Colorado. (Attachments: # 1 Text of Proposed
Order)Filed In Associated Cases: 1:09-md-02058-PKC,
1:10-cv-05563-PKC(Whitman, Johnston) (Entered: 02/04/2011) |
|
|
02/07/2011 |
MEMO
ENDORSEMENT on re: ( |
|
|
02/14/2011 |
PLAINTIFF
MICHAEL BAHNMAIER'S INDIVIDUAL SECOND AMENDED COMPLAINT FOR VIOLATIONS OF
SECURITIES LAW against Bank of America, Kenneth D. Lewis, Joe L. Price, John
A. Thain with JURY DEMAND. Document filed by Michael R. Bahnmaier. Relates to
09-5411 (Doc. No. 114).(rjm) (Entered: 02/16/2011) |
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|
02/25/2011 |
ENDORSED
LETTER addressed to Judge P. Kevin Castel from William B. Federman dated
2/24/11 re: counsel for plaintiff writes in response to the Bank Defendants'
letter to this Court dated February 18, 2011, requesting a pre-motion
conference and permission to file a motion to dismiss. We respectfully
request that the conference be set sometime after March 21, 2011. Alternatively,
the parties can confer and propose a briefing schedule to the Court.
ENDORSEMENT: The Court will honor the parties' preference to await the filing
of a motion until after the Court decides defendants' motion to dismiss the
Second Amended Complaint. (Signed by Judge P. Kevin Castel on 2/24/11) Filed
In Associated Cases: 1:09-md-02058-PKC, 1:09-cv-05411-PKC(pl) (Entered:
02/25/2011) |
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|
02/25/2011 |
ENDORSED
LETTER addressed to Judge P. Kevin Castel from William B. Federman dated
2/24/11 re: counsel writes in response the the Bank Defendants' letter to
this Court dated February 18, 2011, requesting a pre-motion conference and
permission to file a motion to dismiss. ENDORSEMENT: The Court will honor the
parties' preference to await the filing of a motion until after the Court
decides defendant's motion to dismiss the Second Amended Complaint. (Signed
by Judge P. Kevin Castel on 5/24/11); Filed In Associated Cases:
1:09-md-02058-PKC, 1:09-cv-05411-PKC. (djc) (Entered: 02/25/2011) |
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|
05/27/2011 |
MOTION
for David A. Straite to Withdraw as Attorney. Document filed by Deka
International S.A. Luxemburg, Deka Investment GmbH, Jeremy Fineberg, Martin
I. Fineberg, Charles K. Gifford, International Fund Management S.A., Joel R.
Katz Family Trust, Aaron M. Katz, Joel R. Katz, Jeffrey R. Parker, Michael A.
Parker, Parker Family Investments LLC, Julie M. Sorin, Stiching Pensioenfonds
|
|
|
06/06/2011 |
MEMO ENDORSEMENT:
Granting (386) Motion for Withdrawal of Appearance. Attorney Keola Robert
Whittaker terminated in case 1:09-md-02058-PKC. (Signed by Judge P. Kevin
Castel on 6/6/2011) Filed In Associated Cases: 1:09-md-02058-PKC et al.(ae)
(Entered: 06/06/2011) |
|
|
06/06/2011 |
MEMO
ENDORSEMENT: Application granted (398) Motion for Withdrawal of Appearance of
David A. Straite. (Signed by Judge P. Kevin Castel on 6/6/2011) Filed In
Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC(ae) (Entered:
06/06/2011) |
|
|
06/29/2011 |
MEMO
ENDORSEMENT on re: (52) Motion to Withdraw as Attorney. Attorney David A.
Straite terminated in case 1:10-cv-02284-PKC. ENDORSEMENT: Motion granted. So
Ordered. (Signed by Judge P. Kevin Castel on 6/30/2011) Filed In Associated
Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC(jfe) (Entered: 06/29/2011) |
|
|
07/15/2011 |
MOTION
for Jeffrey A. Almeida to Appear Pro Hac Vice. Document filed by Joel R. Katz
Family Trust, Aaron M. Katz, Joel R. Katz, Stiching Pensioenfonds |
|
|
07/19/2011 |
ORDER
GRANTING (402) MOTION TO ADMIT JEFFREY A. ALMEIDA PRO HAC VICE in case
1:09-md-02058-PKC. (Signed by Judge P. Kevin Castel on 7/19/2011) Filed In
Associated Cases: 1:09-md-02058-PKC, 1:10-cv-02284-PKC (ab) (Entered:
07/19/2011) |
|
|
07/21/2011 |
ENDORSED
LETTER addressed to Judge P. Kevin Castel from Lawrence Portnoy dated 7/19/11
re: counsel for defendants writes that one of the attorneys who has worked on
this matter, Douglas K. Yatter, will be leaving the firm on or about July 20,
2011 and thus will no longer be serving as counsel to the Individual
Defendants. Accordingly, I respectfully request that the Court instruct the
docket clerk to remove Mr. Yatter's registration as counsel of record.
ENDORSEMENT: Application granted., Attorney Douglas Kent Yatter terminated.
(Signed by Judge P. Kevin Castel on 7/21/11) Filed In Associated Cases:
1:09-md-02058-PKC et al.(pl) Modified on 7/21/2011 (pl). (Entered:
07/21/2011) |
|
|
07/29/2011 |
MEMORANDUM
|
|
|
07/29/2011 |
ORDER,
Parties shall complete class certification discovery no later than October 3,
2011. Plaintiffs may move for class certification no later than October 17,
2011. Any opposition papers shall be filed no later than October 31, and any
reply no later than November 7. Defendants shall answer the Complaint no
later than August 31, 2011. The parties are directed to meet and confer as to
a case management plan. The parties are directed to jointly submit a proposed
case management order prior to a pretrial conference to be held on September
7, 2011 at 4 p.m. It shall provide that discovery will conclude no later than
March 30, 2012. All Defendants.( Discovery due by 10/3/2011., Motions due by
10/17/2011., Responses due by 10/31/2011, Replies due by 11/7/2011.) (Signed
by Judge P. Kevin Castel on 7/29/11) Filed In Associated Cases: 1:09-md-02058-PKC
et al.(pl) Modified on 8/1/2011 (pl). (Entered: 07/29/2011) |
|
|
07/29/2011 |
|
Set/Reset
Hearings: Pretrial Conference set for 9/7/2011 at 04:00 PM before Judge P.
Kevin Castel. Associated Cases: 1:09-md-02058-PKC et al.(pl) (Entered: 08/01/2011) |
|
08/01/2011 |
|
|
|
08/02/2011 |
ORDER:
the footnote is correct that the Complaint sets forth no allegations going
toward the BofA Defendants' scienter in allegedly failing to disclose the
$1.8 billion losses that BofA itself as opposed to Merrill-incurred in the
fourth quarter of 2008. (Compl. 240-68.) The Complaint's allegations are
otherwise minimal as to the circumstances of BofA's own losses in the fourth
quarter of 2008. (See, e.g Compl. 17, 174, 181.) Because the Complaint fails
to raise an inference of scienter that is at least as cogent and compelling
as any opposing inference, I conclude that it fails to state a Section 1O(b)
or Rule 10b-5 claim going toward BofA's own losses in the fourth quarter of
2008. See, e.g., Matrixx Initiatives, Inc. v. Siracusano, 131 S. Ct. 1309,
1324 (2011). This portion of Count I is therefore dismissed. (Signed by Judge
P. Kevin Castel on 8/2/2011) (js) (Entered: 08/02/2011) |
|
|
08/04/2011 |
ORDER
SETTING PRETRIAL CONFERENCE: Counsel in all pending actions are directed to
appear at a pretrial conference in Courtroom 12C on September 7, 2011 at 4
p.m. Any matter which a party wishes to have the Court address at the
conference shall be set forth in a letter received in Chambers by August 26,
2011 and any response thereto by noon, September 1, 2011. (Signed by Judge P.
Kevin Castel on 8/4/2011) (js) (Entered: 08/05/2011) |
|
|
08/08/2011 |
NOTICE
OF APPEARANCE by Jonathan Daniel Uslaner on behalf of Ohio Public Employees
Retirement, State Teachers Retirement System of Ohio, Stichting Pensioenfonds
Zorg en Welzijn, duly represented by PGGM Vermogensbeheer B.V., Teacher
Retirement System of Texas Filed In Associated Cases: 1:09-md-02058-PKC et
al.(Uslaner, Jonathan) (Entered: 08/08/2011) |
|
|
08/12/2011 |
ENDORSED
LETTER addressed to Judge P. Kevin Castel from Shawn J. Chen dated 8/10/2011
re: Counsel for the Defendants writes to request that Bank Defendants' motion
to dismiss be due 9/2/2011; Responses due 9/30/2011; and Defendants' reply
due 10/21/2011. ENDORSEMENT: Briefing schedule adopted as proposed: moving
papers by 9/2, response by 9/30, reply by 10/12. (Motions due by 9/2/2011.
Responses due by 9/30/2011. Replies due by 10/12/2011.) (Signed by Judge
Laura Taylor Swain on 8/12/2011 Part I) Filed In Associated Cases:
1:09-md-02058-PKC, 1:09-cv-05411-PKC (ab) (Entered: 08/12/2011) |
|
|
08/18/2011 |
NOTICE
OF APPEARANCE by Lawrence Saul Robbins on behalf of Banc of America Securities
L.L.C., Bank of America Corp., William Barnet |
|
|
08/18/2011 |
NOTICE
of Agreement to be Bound by Stipulation and Order and Related Documents
Governing the Production and Exchange of Confidential Material. Document
filed by Banc of America Securities L.L.C., Bank of America Corp., William
Barnet |
|
|
08/18/2011 |
NOTICE
OF APPEARANCE by Maureen Patricia Reid on behalf of Joe L. Price (Reid,
Maureen) (Entered: 08/18/2011) |
|
|
08/19/2011 |
NOTICE
OF APPEARANCE by Lawrence Thomas Gresser on behalf of Banc of America
Securities L.L.C., Bank of America Corp., William Barnet |
|
|
08/19/2011 |
NOTICE
OF APPEARANCE by Mark Stewart Cohen on behalf of Banc of America Securities
L.L.C., Bank of America Corp., William Barnet |
|
|
08/19/2011 |
NOTICE
OF APPEARANCE by Lawrence Jahoon Lee on behalf of Banc of America Securities
L.L.C., Bank of America Corp., William Barnet |
|
|
08/19/2011 |
NOTICE
Supboena Duces Tecum as to Morgan Stanley document(s): Notice Of Subpoena on
Morgan Stanley w/ Subpoena on 9/2/2011 at 10:00am.Document filed by Banc of
America Securities L.L.C., Bank of America Corp., William Barnet |
|
|
08/22/2011 |
NOTICE
OF APPEARANCE by Daniel Hershel Tabak on behalf of Banc of America Securities
L.L.C., Bank of America Corp., William Barnet |
|
|
08/22/2011 |
NOTICE
of AGREEMENT TO BE BOUND BY STIPULATION |
|
|
08/22/2011 |
MOTION
for Jennifer Faith Sherrill to Appear Pro Hac Vice. Document filed by Michael
R. Bahnmaier, Michael R. Bahnmaier.Filed In Associated Cases:
1:09-md-02058-PKC, 1:09-cv-05411-PKC, 1:10-cv-01234-PKC(pgu) (Entered: 08/24/2011) |
|
|
08/25/2011 |
|
CASHIERS
OFFICE REMARK on 421
Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 08/22/2011,
Receipt Number 1014677. (jd) (Entered: 08/25/2011) |
|
08/29/2011 |
ORDER
FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting (421) Motion for
Jennifer Faith Sherrill to Appear Pro Hac Vice in case 1:09-md-02058-PKC;
granting (122) Motion for Jennifer Faith Sherrill to Appear Pro Hac Vice in
case 1:09-cv-05411-PKC; granting (50) Motion for Jennifer Faith Sherrill to
Appear Pro Hac Vice in case 1:10-cv-01234-PKC. It is hereby Ordered that
Jennifer Faith Sherrill is admitted to practice pro hac vice counsel for
plaintiff Michael Bahnmaier. (Signed by Judge P. Kevin Castel on 8/29/2011)
Filed In Associated Cases: 1:09-md-02058-PKC, 1:09-cv-05411-PKC,
1:10-cv-01234-PKC(mro) (Entered: 08/30/2011) |
|
|
08/30/2011 |
NOTICE OF
APPEARANCE by Melinda Ann Nicholson on behalf of Louisiana Municipal Police
Employees Retirement System (Nicholson, Melinda) (Entered: 08/30/2011) |
|
|
08/30/2011 |
ORDER:
March 31, 2012 is the date for the completion of all fact discovery and all
expert discovery shall be completed by May 18, 2012. This is an extension of
the previously set date of March 31, 2012 for the completion of all
discovery, fact and expert. In setting these dates, the Court has taken into
account that unexpected contingencies may arise such as difficulties in
scheduling non-party witnesses, delays in meeting the requirements of the
Hague Convention, adverse weather and seismological conditions, unanticipated
medical emergencies and other vagaries of life. I do not presently anticipate
further extending these dates. At this juncture (and without expressing any
view on the propriety of any class definition), it is not necessary for
plaintiffs' counsel to refine the class definition beyond what they have done
to date. Of course, plaintiffs will need to define the class with precision
and certitude in the motion for class certification. Defendants have enough
information to intelligently conduct discovery. The parties have made
considerable progress on the negotiation of a Scheduling Order and for this
they are to be commended. As wise counsel knows, an agreed-upon compromise is
often a better solution than a resolution imposed by a Court at a greater
distance from the granular details. With the guidance set forth herein, I am
directing counsel to confer further and endeavor to bridge the gap on the
remaining issues. The items required by the second paragraph of this Order
should be faxed to Chambers by 5 p.m. September 2, 2011, on notice to all
counsel; as further set forth in this Order. ( Discovery due by 5/18/2012.)
(Signed by Judge P. Kevin Castel on 8/30/2011) Filed In Associated Cases:
1:09-md-02058-PKC et al.(mro) (Entered: 08/31/2011) |
|
|
08/31/2011 |
NOTICE
of (Agreement To Be Bound By Stipulation And Order And Related Documents
Governing The Production And Exchange Of Confidential Materials). Document
filed by Banc of America Securities L.L.C., Bank of America Corp., William
Barnet |
|
|
08/31/2011 |
ANSWER
to Complaint with JURY DEMAND. Document filed by John A. Thain.(Hoffner,
David) (Entered: 08/31/2011) |
|
|
08/31/2011 |
ANSWER
to 363 Amended
Complaint,,,. Document filed by Kenneth D. Lewis.(Ceresney, Andrew) (Entered:
08/31/2011) |
|
|
08/31/2011 |
ANSWER
to 363 Amended
Complaint,,,. Document filed by Banc of America Securities L.L.C., Bank of
America Corp., William Barnet |
|
|
08/31/2011 |
ANSWER
to 363 Amended
Complaint,,,. Document filed by Merrill Lynch & Co., Inc., Merrill Lynch,
Pierce, Fenner & Smith Incorporated.(Hakki, Adam) (Entered: 08/31/2011) |
|
|
09/01/2011 |
MOTION
for David C. Ware to Appear Pro Hac Vice. Document filed by Kenneth D.
Lewis.(pgu) (Entered: 09/01/2011) |
|
|
09/01/2011 |
MOTION
for Gregory F. Smolar to Appear Pro Hac Vice. Document filed by Kenneth D.
Lewis.(pgu) (Entered: 09/01/2011) |
|
|
09/01/2011 |
MOTION
for Matthew M. Madden to Appear Pro Hac Vice. Document filed by Banc of
America Securities L.L.C., Bank of America Corp., William Barnet |
|
|
09/01/2011 |
ORDER
granting 431
Motion for Gregory F. Smolar to Appear Pro Hac Vice. (Signed by Judge P.
Kevin Castel on 9/1/201) (laq) (Entered: 09/02/2011) |
|
|
09/01/2011 |
MOTION
for Jennifer S. Windom to Appear Pro Hac Vice. Document filed by Banc of
America Securities L.L.C., Bank of America Corp., William Barnet |
|
|
09/01/2011 |
ORDER
granting 430 Motion
for David C. Ware to Appear Pro Hac Vice. (Signed by Judge P. Kevin Castel on
9/1/2011) (laq) (Entered: 09/02/2011) |
|
|
09/01/2011 |
MOTION
for Kathryn S. Zecca to Appear Pro Hac Vice. Document filed by Banc of
America Securities L.L.C., Bank of America Corp., William Barnet |
|
|
09/02/2011 |
NOTICE
OF APPEARANCE by Joel B. Strauss on behalf of Public Pension Funds (Strauss,
Joel) (Entered: 09/02/2011) |
|
|
09/02/2011 |
NOTICE
OF APPEARANCE by David Paul Staubitz on behalf of John A. Thain, Jonathan A.
Thain Filed In Associated Cases: 1:09-md-02058-PKC,
1:09-cv-05411-PKC(Staubitz, David) (Entered: 09/02/2011) |
|
|
09/02/2011 |
MOTION
to Dismiss Plaintiff Michael Bahnmaier's Individual Second Amended
Complaint. Document filed by Bank of America Corp., Kenneth D. Lewis, Joe
L. Price.Filed In Associated Cases: 1:09-md-02058-PKC,
1:09-cv-05411-PKC(Chen, Shawn) (Entered: 09/02/2011) |
|
|
09/02/2011 |
MEMORANDUM
OF LAW in Support re: (439 in 1:09-md-02058-PKC, |
|
|
09/02/2011 |
DECLARATION
of Jennifer Kennedy in Support re: (439 in 1:09-md-02058-PKC, |
|
|
09/02/2011 |
CERTIFICATE
OF SERVICE. Document filed by Bank of America Corp., Kenneth D. Lewis, Joe L.
Price. Filed In Associated Cases: 1:09-md-02058-PKC, 1:09-cv-05411-PKC(Chen,
Shawn) (Entered: 09/02/2011) |
|
|
09/02/2011 |
MOTION
to Dismiss Plaintiff Michael Bahnmaier's Individual Second Amended
Complaint. Document filed by John A. Thain, Jonathan A. Thain.Filed In
Associated Cases: 1:09-md-02058-PKC, 1:09-cv-05411-PKC(Hoffner, David)
(Entered: 09/02/2011) |
|
|
09/02/2011 |
MEMORANDUM
OF LAW in Support re: ( |
|
|
09/02/2011 |
MOTION
for Bradford Berry to Appear Pro Hac Vice. Document filed by Joe L.
Price.(pgu) (Entered: 09/08/2011) |
|
|
09/02/2011 |
MOTION
for Julia E. Guttman to Appear Pro Hac Vice. Document filed by Joe L.
Price.(pgu) (Entered: 09/08/2011) |
|
|
09/02/2011 |
MOTION
for William H. Jeffress Jr. to Appear Pro Hac Vice. Document filed by Joe L.
Price.(pgu) (Entered: 09/08/2011) |
|
|
09/07/2011 |
ORDER
FOR ADMISSION PRO HAC VICE granting 434 Motion for
Jennifer S. Windom to Appear Pro Hac Vice as counsel for Bank of America
Corporation, Bane of America Securities LLC, Kenneth D. Lewis, Joe L Price,
Neil A Cotty, William Barnet |
|
|
09/07/2011 |
ORDER
FOR ADMISSION PRO HAC VICE granting 436 Motion for
Kathryn S. Zecca to Appear Pro Hac Vice as counsel for Bank of America
Corporation, Bane of America Securities LLC, Kenneth D. Lewis, Joe L. Price,
Neil A. Cotty, William Barnet |
|
|
09/07/2011 |
ORDER
FOR ADMISSION PRO HAC VICE granting 432 Motion for
Matthew M. Madden to Appear Pro Hac Vice as counsel for Bank of America
Corporation, Bane of America Securities LLC, Kenneth D. Lewis, Joe L. Price,
Neil A. Cotty, William Barnet |
|
|
09/07/2011 |
ORDER
FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: Attorney William Horace
Jeffress, Jr for Joe L. Price,William Horace Jeffress, Jr for Joe L.
Price,William Horace Jeffress, Jr for Joe Price,William Horace Jeffress, Jr
for Joe L. Price,William Horace Jeffress, Jr for Joel L. Price,William Horace
Jeffress, Jr for Joe Price,William Horace Jeffress, Jr for Joel L.
Price,William Horace Jeffress, Jr for Joel L. Price,William Horace Jeffress,
Jr for Joe L. Price,William Horace Jeffress, Jr for Joe L. Price,William
Horace Jeffress, Jr for Joe L. Price,William Horace Jeffress, Jr for Joe L.
Price,William Horace Jeffress, Jr for Joel L. Price,William Horace Jeffress,
Jr for Joe Price,William Horace Jeffress, Jr for Joe L. Price,William Horace
Jeffress, Jr for Joe L. Price,William Horace Jeffress, Jr for Joe
Price,William Horace Jeffress, Jr for Joe L. Price,William Horace Jeffress,
Jr for Joe L. Price,William Horace Jeffress, Jr for Joe L. Price,William
Horace Jeffress, Jr for Joel L. Price,William Horace Jeffress, Jr for Joe L.
Price,William Horace Jeffress, Jr for Joe L. Price,William Horace Jeffress,
Jr for Joe L. Price,William Horace Jeffress, Jr for Joe L. Price,William
Horace Jeffress, Jr for Joe L. Price,William Horace Jeffress, Jr for Joel L.
Price,William Horace Jeffress, Jr for Joe L. Price admitted Pro Hac Vice.
(Signed by Judge P. Kevin Castel on 9/6/2011) Filed In Associated Cases:
1:09-md-02058-PKC et al.(jfe) (Entered: 09/07/2011) |
|
|
09/07/2011 |
ORDER
FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: Attorney Julia E. Guttman for
Joe L. Price,Julia E. Guttman for Joe L. Price,Julia E. Guttman for Joe
Price,Julia E. Guttman for Joe L. Price,Julia E. Guttman for Joel L.
Price,Julia E. Guttman for Joe Price,Julia E. Guttman for Joel L. Price,Julia
E. Guttman for Joel L. Price,Julia E. Guttman for Joe L. Price,Julia E.
Guttman for Joe L. Price,Julia E. Guttman for Joe L. Price,Julia E. Guttman
for Joe L. Price,Julia E. Guttman for Joel L. Price,Julia E. Guttman for Joe
Price,Julia E. Guttman for Joe L. Price,Julia E. Guttman for Joe Price,Julia
E. Guttman for Joe L. Price,Julia E. Guttman for Joe L. Price,Julia E.
Guttman for Joel L. Price,Julia E. Guttman for Joe L. Price,Julia E. Guttman
for Joe L. Price,Julia E. Guttman for Joe L. Price,Julia E. Guttman for Joe
L. Price,Julia E. Guttman for Joe L. Price,Julia E. Guttman for Joel L.
Price,Julia E. Guttman for Joe L. Price admitted Pro Hac Vice. (Signed by
Judge P. Kevin Castel on 9/6/2011) Filed In Associated Cases:
1:09-md-02058-PKC et al.(jfe) (Entered: 09/07/2011) |
|
|
09/07/2011 |
ORDER
FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: Attorney Bradford Berry for Joe
L. Price,Bradford Berry for Joe L. Price,Bradford Berry for Joe Price,Bradford
Berry for Joe L. Price,Bradford Berry for Joel L. Price,Bradford Berry for
Joe Price,Bradford Berry for Joel L. Price,Bradford Berry for Joel L.
Price,Bradford Berry for Joe L. Price,Bradford Berry for Joe L.
Price,Bradford Berry for Joe L. Price,Bradford Berry for Joe L.
Price,Bradford Berry for Joel L. Price,Bradford Berry for Joe Price,Bradford
Berry for Joe L. Price,Bradford Berry for Joe L. Price,Bradford Berry for Joe
Price,Bradford Berry for Joe L. Price,Bradford Berry for Joe L. Price,Bradford
Berry for Joe L. Price,Bradford Berry for Joel L. Price,Bradford Berry for
Joe L. Price,Bradford Berry for Joe L. Price,Bradford Berry for Joe L.
Price,Bradford Berry for Joe L. Price,Bradford Berry for Joe L.
Price,Bradford Berry for Joel L. Price,Bradford Berry for Joe L. Price
admitted Pro Hac Vice. (Signed by Judge P. Kevin Castel on 9/6/2011) Filed In
Associated Cases: 1:09-md-02058-PKC et al.(jfe) (Entered: 09/07/2011) |
|
|
09/07/2011 |
NOTICE
of Agreement to be Bound by Stipulation and Order and Related Documents
Governing the Production and Exchange of Confidential Materials. Document
filed by Kenneth D. Lewis. (Ware, David) (Entered: 09/07/2011) |
|
|
09/07/2011 |
NOTICE of
Agreement to be Bound by Stipulation and Order and Related Documents
Governing the Production and Exchange of Confidential Materials. Document
filed by Kenneth D. Lewis. (Smolar, Gregory) (Entered: 09/07/2011) |
|
|
09/07/2011 |
CASE
MANAGEMENT |
|
|
09/07/2011 |
|
Minute Entry
for proceedings held before Judge P. Kevin Castel: Status Conference held on
9/7/2011. Defendants letter by the end of the day on Friday, September 9,
with list of proposed deponents. Defendants may take discovery into class
plaintiffs holdings and transactions of common stock in the six banks
identified by the parties. See transcript. Counsel to Dornfest may fax letter
brief on class claims no later than September 14; responsive letters by
September 21; reply by September 23. Summary Judgment Motion: moving papers
by June 3, 2012; opposition by June 24, 2012; reply by July 8, 2012. Final
Pretrial Submissions: October 12, 2012. Final Pretrial Conference: October
22, 2012. Trial: October 22, 2012, in the event that there is no conflicting
trial of derivative claims in Delaware Chancery Court. Next pretrial
conference: January 5, 2012 at 2 p.m. Associated Cases: 1:09-md-02058-PKC et
al.(mro) (Entered: 09/08/2011) |
|
09/07/2011 |
|
Set/Reset
Hearings: Pretrial Conference set for 1/5/2012 at 02:00 PM before Judge P.
Kevin Castel. Associated Cases: 1:09-md-02058-PKC et al.(mro) (Entered:
09/08/2011) |
|
09/07/2011 |
ORDER
FOR ADMISSION PRO HAC VICE: Attorney Gregory F. Smolar is admitted pro hac
vice in this case for Kenneth D. Lewis. (Signed by Judge P. Kevin Castel on
9/6/2011) Filed In Associated Cases: 1:09-md-02058-PKC et al.(jfe) (Entered:
09/19/2011) |
|
|
09/07/2011 |
ORDER
FOR ADMISSION PRO HAC VICE: Attorney David C. Ware is admitted pro hac vice
in this case for Kenneth D. Lewis. (Signed by Judge P. Kevin Castel on
9/6/2011) Filed In Associated Cases: 1:09-md-02058-PKC et al.(jfe) (Entered:
09/19/2011) |
|
|
09/12/2011 |
TRANSCRIPT
of Proceedings re: Conference held on 9/7/2011 before Judge P. Kevin Castel.
Court Reporter/Transcriber: Steven Griffing, (212) 805-0300. Transcript may
be viewed at the court public terminal or purchased through the Court
Reporter/Transcriber before the deadline for Release of Transcript
Restriction. After that date it may be obtained through PACER. Redaction
Request due 10/6/2011. Redacted Transcript Deadline set for 10/17/2011.
Release of Transcript Restriction set for 12/15/2011.Filed In Associated
Cases: 1:09-md-02058-PKC et al.(McGuirk, Kelly) (Entered: 09/12/2011) |
|
|
09/12/2011 |
NOTICE
OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official
transcript of a Conference proceeding held on 9/7/11 has been filed by the
court reporter/transcriber in the above-captioned matter. The parties have
seven (7) calendar days to file with the court a Notice of Intent to Request
Redaction of this transcript. If no such Notice is filed, the transcript may
be made remotely electronically available to the public without redaction
after 90 calendar days...Filed In Associated Cases: 1:09-md-02058-PKC et
al.(McGuirk, Kelly) (Entered: 09/12/2011) |
|
|
09/12/2011 |
ENDORSED
LETTER addressed to Judge P. Kevin Castel from Mitchell A. Lowenthal dated
9/9/2011 re: Defendants submit a list of those witnesses that they currently
intend to depose to facilitate the Court's determination of the number of
merits depositions as to which Defendants will be entitled in the
Consolidated Securities Action. ENDORSEMENT: All defendants in total are
authorized to take up to 18 merits depositions (i.e. excluding class
discovery) without further leave of the court. (Signed by Judge P. Kevin
Castel on 9/9/2011) (jar) (Entered: 09/12/2011) |
|
|
09/12/2011 |
NOTICE
OF APPEARANCE by Laurence David King on behalf of Public Pension Funds (King,
Laurence) (Entered: 09/12/2011) |
|
|
09/13/2011 |
NOTICE
OF APPEARANCE by Johnston de Forest Whitman, Jr on behalf of Fjarde
Ap-Fonden, Ohio Public Employees Retirement System, State Teachers Retirement
System of Ohio, Stichting Pensioenfonds Zorg en Welzijin, Teachers Retirement
System of Texas Filed In Associated Cases: 1:09-md-02058-PKC,
1:09-cv-00580-PKC(Whitman, Johnston) (Entered: 09/13/2011) |
|
|
09/16/2011 |
CASE
MANAGEMENT |
|
|
09/19/2011 |
|
CASHIERS
OFFICE REMARK on 436
Motion to Appear Pro Hac Vice, 432 Motion to
Appear Pro Hac Vice, 434
Motion to Appear Pro Hac Vice, in the amount of $600.00, paid on 09/01/2011,
Receipt Number 1015467,1015474,1015476. (jd) (Entered: 09/19/2011) |
|
09/19/2011 |
|
CASHIERS
OFFICE REMARK on 431
Motion to Appear Pro Hac Vice, 430 Motion to
Appear Pro Hac Vice in the amount of $400.00, paid on 09/01/2011, Receipt
Number 1015490,1015491. (jd) (Entered: 09/19/2011) |
|
09/19/2011 |
|
CASHIERS
OFFICE REMARK on 455
Motion to Appear Pro Hac Vice, 454 Motion to
Appear Pro Hac Vice, 456
Motion to Appear Pro Hac Vice in the amount of $600.00, paid on 09/02/2011,
Receipt Number 1015637,1015638,1015640. (jd) (Entered: 09/19/2011) |
|
09/20/2011 |
NOTICE
of Endorsement of Confidentiality Agreement of Non-Party Morgan Stanley.
Document filed by Banc of America Securities L.L.C., Bank of America Corp.,
William Barnet |
|
|
09/26/2011 |
|
***DELETED
DOCUMENT. Deleted document number 466 Transcript. The
document was incorrectly filed in this case. (tro) (Entered: 09/27/2011) |
|
09/26/2011 |
|
***DELETED
DOCUMENT. Deleted document number 467 Notice of
Filing of Transcript. The document was incorrectly filed in this case. (tro)
(Entered: 09/27/2011) |
|
09/27/2011 |
NOTICE
OF APPEARANCE by John Anthony Kehoe on behalf of Fjarde Ap-Fonden, Ohio
Public Employees Retirement System, State Teachers Retirement System of Ohio,
Stichting Pensioenfonds Zorg en Welzijin, Teachers Retirement System of Texas
Filed In Associated Cases: 1:09-md-02058-PKC, 1:09-cv-00580-PKC(Kehoe, John)
(Entered: 09/27/2011) |
|
|
09/27/2011 |
FILING ERROR
- DEFICIENT DOCKET ENTRY - MOTION for Jennie B. Krasner to Withdraw as
Attorney. Document filed by John Thain, John A. Thain, Jonathan A. Thain,
Jonathan Alexander Thain.Filed In Associated Cases: 1:09-md-02058-PKC et
al.(Krasner, Jennie) Modified on 9/28/2011 (db). (Entered: 09/27/2011) |
|
|
09/27/2011 |
|
***NOTE
TO ATTORNEY TO RE- |
|
09/29/2011 |
MEMORANDUM
|
|
|
09/30/2011 |
MEMORANDUM
OF LAW in Opposition re: ( |
|
|
09/30/2011 |
DECLARATION
of William B. Federman in Opposition re: ( |
|
|
10/04/2011 |
NOTICE
OF WITHDRAWAL OF APPEARANCE: that Boaz A. Weinstein hereby withdraws his
appearance in the above-captioned matter. Mr. Weinstein is leaving the
employment of Bernstein Litowitz Berger & Grossmann LLP. The firm of
Bernstein Litowitz Berger & Grossmann LLP will continue to serve as
counsel for Co-Lead Plaintiffs. Attorney Boaz Aharon Weinstein terminated.
(Signed by Judge P. Kevin Castel on 10/4/2011) Filed In Associated Cases:
1:09-md-02058-PKC et al.(pl) (Entered: 10/04/2011) |
|
|
10/10/2011 |
NOTICE
of Service re: 290
Order,,,,,,. Document filed by Bank of America Corp., William Barnet |
|
|
10/12/2011 |
REPLY
MEMORANDUM OF LAW in Support re: (439 in 1:09-md-02058-PKC, |
|
|
10/12/2011 |
CERTIFICATE
OF SERVICE. Document filed by Bank of America Corp., Kenneth D. Lewis, Joe L.
Price. Filed In Associated Cases: 1:09-md-02058-PKC, 1:09-cv-05411-PKC(Chen,
Shawn) (Entered: 10/12/2011) |
|
|
10/12/2011 |
REPLY
MEMORANDUM OF LAW in Support re: ( |
|
|
10/13/2011 |
ENDORSED
LETTER addressed to Judge P. Kevin Castel from Robert N. Kaplan dated
10/12/2011 re: Lead Plaintiffs respectfully request a five (5) page extension
of the page limit, giving them a total of thirty (30) pages. ENDORSEMENT:
Granted. So Ordered. (Signed by Judge P. Kevin Castel on 10/13/2011) (rdz)
(Entered: 10/13/2011) |
|
|
10/17/2011 |
NOTICE
of UPDATED CERTIFICATION OF LEAD PLAINTIFF. Document filed by Stichting
Pensioenfonds Zorg en Welzijin. (Russo, Richard) (Entered: 10/17/2011) |
|
|
10/17/2011 |
MOTION
to Certify Class. Document filed by Fjarde Ap-Fonden, Grant Mitchell, Ohio
Public Employees Retirement System, State Teachers Retirement System of Ohio,
Stichting Pensioenfonds Zorg en Welzijin, Teachers Retirement System of
Texas. Responses due by 10/31/2011(Castaldo, Gregory) (Entered: 10/17/2011) |
|
|
10/17/2011 |
MEMORANDUM
OF LAW in Support re: 478
MOTION to Certify Class.. Document filed by Fjarde Ap-Fonden, Grant Mitchell,
Ohio Public Employees Retirement System, State Teachers Retirement System of
Ohio, Stichting Pensioenfonds Zorg en Welzijin, Teachers Retirement System of
Texas. (Castaldo, Gregory) (Entered: 10/17/2011) |
|
|
10/17/2011 |
DECLARATION
of Gregory M. Castaldo in Support re: 478 MOTION to
Certify Class.. Document filed by Fjarde Ap-Fonden, Grant Mitchell, Ohio
Public Employees Retirement System, State Teachers Retirement System of Ohio,
Stichting Pensioenfonds Zorg en Welzijin, Teachers Retirement System of
Texas. (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)(Castaldo, Gregory) (Entered: 10/17/2011) |
|
|
10/19/2011 |
NOTICE
of Of Endorsement of Confidentialty Agreement of Non-Party Credit Suisse
Securities (USA) LLC. Document filed by Public Pension Funds.
(Rizio-Hamilton, John) (Entered: 10/19/2011) |
|
|
10/19/2011 |
NOTICE
OF APPEARANCE by Mark Lebovitch on behalf of Public Pension Funds (Lebovitch,
Mark) (Entered: 10/19/2011) |
|
|
10/19/2011 |
NOTICE
OF APPEARANCE by Stefanie Jill Sundel on behalf of Public Pension Funds
(Sundel, Stefanie) (Entered: 10/19/2011) |
|
|
10/21/2011 |
STIPULATION
|
|
|
10/26/2011 |
STIPULATION
|
|
|
10/28/2011 |
ENDORSED
LETTER addressed to Judge P. Kevin Castel from Mitchell A. Lowenthal dated
10/27/2011 re: Counsel for the Defendants seek to file a single opposition
memorandum, in which all defendants will join, of up to 45 pages.
ENDORSEMENT: Application granted. (Signed by Judge P. Kevin Castel on
10/27/2011) (ab) (Entered: 10/28/2011) |
|
|
10/31/2011 |
MEMORANDUM
OF LAW in Opposition re: 478 MOTION to
Certify Class.. Document filed by Banc of America Securities L.L.C., Bank of
America Corp., William Barnet |
|
|
10/31/2011 |
DECLARATION
of Joshua A. Naftalis in Opposition re: 478 MOTION to
Certify Class.. Document filed by Banc of America Securities L.L.C., Bank of
America Corp., William Barnet |
|
|
|
CERTIFICATE
OF SERVICE. Document filed by Banc of America Securities L.L.C., Bank of
America Corp., William Barnet |
|
|
|
ENDORSED
LETTER addressed to Judge P. Kevin Castel from Robert N. Kaplan, Max W.
Berger, David Kessler dated 11/1/2011 re: We have reviewed Defendants' brief,
and write to respectfully request leave to file a reply brief of up to thirty
pages in length. We further respectfully request a brief extension of time of
four additional days, or until |
|
|
|
CERTIFIED
|
|
|
|
STANDING
ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX
CIVIL CASES IN THE SOUTHERN DISTRICT OF |
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