US
District Court Civil Docket as of 01/12/2012
Retrieved from the court on January 11, 2012
Southern District of New York (
CIVIL DOCKET FOR CASE #: 1:09-cv-00289-RMB-
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Cause:
15:78m(a) Securities Exchange Act |
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Lead
Plaintiff |
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Repex
Ventures S.A
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represented by |
Jules
Brody |
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Lead
Plaintiff |
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Shmuel
Cabilly
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represented by |
Catherine
A. Torell |
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Lead
Plaintiff |
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Dr.
Schmuel Cabilly
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represented by |
Catherine
A. Torell |
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Plaintiff
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Dana
Trezziova
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represented by |
Jules
Brody |
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Plaintiff
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Korea
Exchange Bank
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represented by |
Catherine
A. Torell |
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Plaintiff
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Neville
Seymour |
represented by |
Gregory
Bradley Linkh |
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Movant
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Peter
Brandhofer
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represented by |
Robert
S. Schachter |
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Movant
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Nurnberger
Versicherung Aktiengesellschaft Osterreich |
represented by |
Samuel
Howard Rudman |
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Movant
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Foxton
Group
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represented by |
Albert
Yong Chang |
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Movant
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Neville
Seymour |
represented by |
Albert
Yong Chang |
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Defendant
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Bernard
L. Madoff
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Defendant
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Bernard
L. Madoff Investment Securities |
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Defendant
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Bank
Medici S.A.
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Defendant
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Sonja
Kohn |
represented by |
Price
O. Gielen |
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Defendant
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Peter
Scheithauer
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Defendant
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Herald
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represented by |
Joseph
Serino , JR. |
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Defendant
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Herald
Luxemburg Fund
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Defendant
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Bank |
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Defendant
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Unicredit
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Defendant
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Primeo
Select Fund
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Defendant
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Pioneer
Alternative Investments |
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Defendant
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Thema
International Fund |
represented by |
Michael
E. Wiles |
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Defendant
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Ernst
& Young S.A.
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represented by |
Richard
A. Martin |
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Defendant
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HSBC
Securities Services, |
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Defendant
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Primeo
Executive Fund
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Defendant
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HAML |
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Defendant
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Paul
de Sury
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Defendant
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Gabriel
Safdie
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Defendant
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William
A. Jones
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Defendant
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Helmuth
E. Frey
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Defendant
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Andreas
Pirkner
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Defendant
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Friedrich
Pfeffer
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Defendant
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Franco
Mugnai
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Defendant
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Richard
Goddard
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Defendant
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Hannes
Saleta
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represented by |
Jeff
G. Hammel |
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Defendant
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Ernst
& Young
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Defendant
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Ernst
& Young Global Limited |
represented by |
Arthur
Luk |
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Defendant
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HSBC
Securities Services (Luxemburg) |
represented by |
Evan
A. Davis |
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Defendant
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HSBC
Holdings plc
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represented by |
Evan
A. Davis |
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Defendant
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Friehling
& Horowitz
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Defendant
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Bank
Medici
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Defendant
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UniCredit |
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Defendant
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Bank
Austria
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Defendant
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Pioneer
Global Asset Management S.p.A. |
represented by |
Susan
Leslie Saltzstein |
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Defendant
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Alfred
Simon
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represented by |
Jeff
G. Hammel |
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Defendant
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Karl
E. Kaniak
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represented by |
Jeff
G. Hammel |
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Defendant
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Dr.
Hans-Peter Tiefenbacher |
represented by |
Jeff
G. Hammel |
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Defendant
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Johannes
P. Spalek
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represented by |
Jeff
G. Hammel |
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Defendant
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Nigel
H. Fielding
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represented by |
David
Elbaum |
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Defendant
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James
E. O'neill
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Defendant
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Alberto
LaRocca
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represented by |
Jeff
G. Hammel |
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Defendant
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Declan
Murray
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represented by |
Jeff
G. Hammel |
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Defendant
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Ursula
Radel-Leszcynski
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represented by |
Jeff
G. Hammel |
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Defendant
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Michael
Wheaton
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represented by |
Jack
Yoskowitz |
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Defendant
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BA
Worldwide Fund Management, Ltd. |
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Defendant
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Pioneer
Alternative Investment Management Ltd. |
represented by |
Susan
Leslie Saltzstein |
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Defendant
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Bank
of Bermuda (Cayman) Limited |
represented by |
Evan
A. Davis |
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Defendant
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Bank
of Bermuda (Luxembourg) S.A. |
represented by |
Evan
A. Davis |
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Defendant
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Bank
of Bermuda Limited
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represented by |
Evan
A. Davis |
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Defendant
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Ernst
& Young (Cayman) |
represented by |
Gabrielle
Sean Marshall |
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Defendant
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Alberto
Benbassat
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represented by |
Michael
E. Wiles |
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Defendant
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Stephane
Benbassat
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represented by |
Michael
E. Wiles |
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Defendant
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Genevalor,
Benbassat & Cie
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represented by |
Michael
E. Wiles |
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Defendant
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Gerald
J.P. Brady
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represented by |
Michael
E. Wiles |
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Defendant
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John
Holliwell
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Defendant
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Sonja
Kohn |
represented by |
Sheldon
Eisenberger |
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Defendant
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Daniel
Morrissey
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represented by |
Michael
E. Wiles |
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Defendant
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Peter
Scheithauer
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Defendant
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David
T. Smith
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represented by |
Michael
E. Wiles |
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Defendant
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Werner
Tripolt
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Defendant
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Bank
Medici AG
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Defendant
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Unicredit
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represented by |
Susan
Leslie Saltzstein |
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Defendant
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HSBC
Institutional Trust Services (Ireland) Ltd. |
represented by |
Evan
A. Davis |
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Defendant
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HSBC
Securities Services (Ireland) Ltd. |
represented by |
Evan
A. Davis |
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Defendant
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HSBC
Holdings plc
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Defendant
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Pricewaterhousecoopers
International Ltd.
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represented by |
Jacob
David Zetlin-Jones |
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Defendant
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Pricewaterhousecoopers
(Dublin)
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represented by |
Antony
L Ryan |
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Defendant
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PriceWaterhouseCoopers
LLP |
represented by |
James
William Haldin |
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Defendant
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Pricewaterhousecoopers
Bermuda
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represented by |
Dennis
H. Tracey , |
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Defendant
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Thema
Asset Management Limited |
represented by |
Michael
E. Wiles |
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Defendant
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Thema
International Fund |
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Defendant
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BA
Worldwide Fund Management Limited |
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Defendant
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Peter
Madoff
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Defendant
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Andrew
Madoff
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Defendant
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Mark
Madoff
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Defendant
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William
Fry |
represented by |
James
C. Dugan |
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Defendant
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JP
Morgan Chase & Co. |
represented by |
Patricia
M. Hynes |
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Defendant
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The
Bank of New York Mellon |
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Defendant
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Herald
( |
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Defendant
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Messrs.
Ferdinand Burg and Carlo Reding, the Court Appointed Liquidators for Herald ( |
represented by |
Brett
Samuel Moore |
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Defendant
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Herald
Asset Management Limited |
represented by |
James
I Jaconette |
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Defendant
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UniCredit
Bank Austria AG
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Bankruptcy
Movant |
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Irving
H. Picard, Trustee for the Substantively Consolidated SIPA Liquidation of
Bernard L. Madoff Investment Securities LLC. and Bernard L. Madoff. |
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Interested
Party |
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HSBC
Bank USA, N.A., as a proposed defendant |
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Date
Filed |
# |
Docket
Text |
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01/12/2009 |
COMPLAINT
against Herald USA Fund, Herald Luxemburg Fund, Bank Austria Creditanstalt,
Unicredit S.A., Primeo Select Funds, Pioneer Alternative Investments, Thema
International Fund |
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01/12/2009 |
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SUMMONS
ISSUED as to Herald USA Fund, Herald Luxemburg Fund, Bank Austria
Creditanstalt, Unicredit S.A., Primeo Select Funds, Pioneer Alternative
Investments, Thema International Fund |
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01/12/2009 |
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Magistrate
Judge Henry B. Pitman is so designated. (ama) (Entered: 01/13/2009) |
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01/12/2009 |
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Case Designated
ECF. (ama) (Entered: 01/13/2009) |
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01/12/2009 |
RULE 7.1
CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Repex
Ventures S.A.(ama) (Entered: 01/13/2009) |
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01/21/2009 |
ENDORSED
LETTER addressed to Judge Richard M. Berman from Timothy J. Burke dated
1/16/09 re: I write seeking a short postponement of 21-days for the initial
pre-trial conference the Court recently set for January 27, 2009.
ENDORSEMENT: Conference adjourned to 2/25/ |
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01/21/2009 |
ENDORSED
LETTER addressed to Judge Richard M. Berman from Timothy J. Burke dated
1/16/09 re: My Client I represent plaintiff Repex Ventures, S.A. in the above
entitled securities class action. I write seeking a short postponement of
21-days for the initial pre-trial conference the Court recently set for
January 27, 2009. ENDORSEMENT: conference adjourned to 2/23/ |
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01/26/2009 |
AMENDED
COMPLAINT amending 1
Complaint, against Primeo Executive Fund, Herald USA Fund, Herald Luxemburg
Fund, Bank Austria Creditanstalt, Unicredit S.A., Primeo Select Funds,
Pioneer Alternative Investments, Thema International Fund |
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02/13/2009 |
MOTION
for Timothy J. Burke to Appear Pro Hac Vice. Document filed by Repex Ventures
S.A.(dle) (Entered: 02/18/2009) |
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02/18/2009 |
AMENDED
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed
by Repex Ventures S.A.(Brody, Jules) (Entered: 02/18/2009) |
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02/19/2009 |
ORDER
FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION, granting 6 Motion for
Timothy J. Burke to Appear Pro Hac Vice as counsel for Plaintiff Repex
Ventures S.A. (Signed by Judge Richard M. Berman on 2/19/09) (pl) (Entered:
02/19/2009) |
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02/19/2009 |
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Transmission
to Attorney Admissions Clerk. Transmitted re: 8 Order on Motion
to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of
Attorney Information. (pl) (Entered: 02/19/2009) |
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02/20/2009 |
ENDORSED
LETTER addressed to Judge Richard M. Berman from Timothy J. Burke dated
2/18/09 re: Counsel for Plaintiff Repex Ventures S.A. write seeking an
additional 120-day postponement of the initial pre-trial conference currently
scheduled for 2/23/09. ENDORSEMENT: Conference adjourned to 4/16/09 @ 9:00
AM. (Signed by Judge Richard M. Berman on 2/20/09) (tro) (Entered:
02/23/2009) |
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03/06/2009 |
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CASHIERS
OFFICE REMARK on 6
Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 02/13/2009,
Receipt Number 679282. (jd) (Entered: 03/06/2009) |
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03/06/2009 |
RELATED
CASE Affirmation of Timothy J. Burke, Esq. re: that this action be filed as
related to 09-cv-2032 (RMB). Document filed by Repex Ventures S.A.(Burke,
Timothy) (Entered: 03/06/2009) |
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03/11/2009 |
ENDORSED
LETTER addressed to Judge Richard M. Berman from Robert S. Schachter dated
3/10/09 re: Request for a pre-motion conference. ENDORSEMENT: Ok to submit
motions regarding lead plaintiff (all applicants are welcome to submit). SO
ORDERED. (Signed by Judge Richard M. Berman on 3/11/09) (db) (Entered:
03/11/2009) |
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03/12/2009 |
ENDORSED
LETTER addressed to Judge Richard M. Berman from Samuel H. Rudman dated
3/11/2009 re: Requesting that the Court order one deadline so that all class
members who wish to be appointed as lead plaintiff are working from a level
playing field and are not prejudice by the varying deadlines. We believe that
deadline should be March 13, 2009. ENDORSEMENT: The filing date for reply is
3/13/2009 (on class members have been notified). I'm not sure why the Stull
firm filed a second case on 3/5/2009 but since they did, we should not
disturb the filing period for that action, which seems to be 5/4/2009.
(Signed by Judge Richard M. Berman on 3/12/2009) (jpo) (Entered: 03/13/2009) |
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03/13/2009 |
MOTION
to Appoint Peter Brandhofer to serve as lead plaintiff(s) and for
Consolidation and Appointment of Lead Counsel. Document filed by Peter
Brandhofer. (Attachments: # 1 Text of Proposed
Order, # 2
Certificate of Service)(Schachter, Robert) (Entered: 03/13/2009) |
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03/13/2009 |
MEMORANDUM
OF LAW in Support re: 12
MOTION to Appoint Peter Brandhofer to serve as lead plaintiff(s) and for
Consolidation and Appointment of Lead Counsel. MOTION to Appoint Peter
Brandhofer to serve as lead plaintiff(s) and for Consolidation and
Appointment of Lead Counsel.. Document filed by Peter Brandhofer. (Schachter,
Robert) (Entered: 03/13/2009) |
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03/13/2009 |
AFFIDAVIT
of Robert S. Schachter in Support re: 12 MOTION to
Appoint Peter Brandhofer to serve as lead plaintiff(s) and for
Consolidation and Appointment of Lead Counsel. MOTION to Appoint Peter
Brandhofer to serve as lead plaintiff(s) and for Consolidation and Appointment
of Lead Counsel.. Document filed by Peter Brandhofer. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit
E)(Schachter, Robert) (Entered: 03/13/2009) |
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03/13/2009 |
MOTION
to Appoint Counsel., MOTION to Appoint Dr. Shmuel Cabilly to serve as lead
plaintiff(s)., MOTION to Consolidate Cases 09-2032. Document filed by Shmuel
Cabilly.(Torell, Catherine) (Entered: 03/13/2009) |
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03/13/2009 |
MEMORANDUM
OF LAW in Support re: 15
MOTION to Appoint Counsel. MOTION to Appoint Dr. Shmuel Cabilly to serve as
lead plaintiff(s). MOTION to Consolidate Cases 09-2032.. Document filed by
Shmuel Cabilly. (Torell, Catherine) (Entered: 03/13/2009) |
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03/13/2009 |
DECLARATION
of Catherine A. Torell in Support re: 15 MOTION to
Appoint Counsel. MOTION to Appoint Dr. Shmuel Cabilly to serve as lead
plaintiff(s). MOTION to Consolidate Cases 09-2032.. Document filed by Shmuel
Cabilly. (Torell, Catherine) (Entered: 03/13/2009) |
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03/13/2009 |
MOTION
to Appoint Repex Ventures S.A. and Radovan Fijember to serve as lead
plaintiff(s) and Approving Selection of Lead Counsel. Document filed
by Repex Ventures S.A. (Attachments: # 1 Text of Proposed
Order Attachment 1)(Burke, Timothy) (Entered: 03/13/2009) |
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03/13/2009 |
MEMORANDUM
OF LAW in Support re: 19
MOTION to Appoint Repex Ventures S.A. and Radovan Fijember to serve as lead
plaintiff(s) and Approving Selection of Lead Counsel.. Document filed
by Repex Ventures S.A. (Burke, Timothy) (Entered: 03/13/2009) |
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03/13/2009 |
DECLARATION
of Timothy J. Burke, Esq. in Support re: 19 MOTION to
Appoint Repex Ventures S.A. and Radovan Fijember to serve as lead plaintiff(s)
and Approving Selection of Lead Counsel.. Document filed by Repex
Ventures S.A. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Burke,
Timothy) (Entered: 03/13/2009) |
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03/13/2009 |
AFFIDAVIT
OF SERVICE. Document filed by Repex Ventures S.A. (Burke, Timothy) (Entered:
03/13/2009) |
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03/13/2009 |
MOTION
to Appoint Nurnberger Verischerung Aktiengesellschaft Osterreich to serve as
lead plaintiff(s). Document filed by Nurnberger Versicherung
Aktiengesellschaft Osterreich. (Attachments: # 1 Text of Proposed
Order)(Rudman, Samuel) (Entered: 03/13/2009) |
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03/13/2009 |
MEMORANDUM
OF LAW in Support re: 23
MOTION to Appoint Nurnberger Verischerung Aktiengesellschaft Osterreich to
serve as lead plaintiff(s).. Document filed by Nurnberger Versicherung
Aktiengesellschaft Osterreich. (Rudman, Samuel) (Entered: 03/13/2009) |
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03/13/2009 |
DECLARATION
of Samuel H. Rudman in Support re: 23 MOTION to
Appoint Nurnberger Verischerung Aktiengesellschaft Osterreich to serve as
lead plaintiff(s).. Document filed by Nurnberger Versicherung
Aktiengesellschaft Osterreich. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit
D)(Rudman, Samuel) (Entered: 03/13/2009) |
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03/27/2009 |
NOTICE
of Notice of Withdrawal of Motion of Peter Brandhofer for Consolidation and
for Appointment of Lead Plaintiff and Lead Counsel re: 13 Memorandum of
Law in Support of Motion, 12 MOTION to
Appoint Peter Brandhofer to serve as lead plaintiff(s) and for
Consolidation and Appointment of Lead Counsel. MOTION to Appoint Peter
Brandhofer to serve as lead plaintiff(s) and for Consolidation and
Appointment of Lead Counsel., 14 Affidavit in
Support of Motion,. Document filed by Peter Brandhofer. (Schachter, Robert)
(Entered: 03/27/2009) |
|
|
03/30/2009 |
MEMORANDUM
OF LAW in Opposition re: 15 MOTION to
Appoint Counsel. MOTION to Appoint Dr. Shmuel Cabilly to serve as lead
plaintiff(s). MOTION to Consolidate Cases 09-2032., 19 MOTION to
Appoint Repex Ventures S.A. and Radovan Fijember to serve as lead
plaintiff(s) and Approving Selection of Lead Counsel. and in
Further Support of Motion of Nurnberger. Document filed by Nurnberger
Versicherung Aktiengesellschaft Osterreich. (Rosenfeld, David) (Entered:
03/30/2009) |
|
|
03/30/2009 |
MEMORANDUM
OF LAW in Opposition re: 23 MOTION to
Appoint Nurnberger Verischerung Aktiengesellschaft Osterreich to serve as
lead plaintiff(s)., 19
MOTION to Appoint Repex Ventures S.A. and Radovan Fijember to serve as lead
plaintiff(s) and Approving Selection of Lead Counsel.. Document filed
by Shmuel Cabilly. (Torell, Catherine) (Entered: 03/30/2009) |
|
|
03/30/2009 |
MEMORANDUM
OF LAW in Opposition re: 15 MOTION to Appoint
Counsel. MOTION to Appoint Dr. Shmuel Cabilly to serve as lead plaintiff(s).
MOTION to Consolidate Cases 09-2032., 23 MOTION to
Appoint Nurnberger Verischerung Aktiengesellschaft Osterreich to serve as
lead plaintiff(s).. Document filed by Repex Ventures S.A. (Burke, Timothy)
(Entered: 03/30/2009) |
|
|
03/30/2009 |
DECLARATION
of Timothy J. Burke in Opposition re: 15 MOTION to
Appoint Counsel. MOTION to Appoint Dr. Shmuel Cabilly to serve as lead
plaintiff(s). MOTION to Consolidate Cases 09-2032., 23 MOTION to
Appoint Nurnberger Verischerung Aktiengesellschaft Osterreich to serve as
lead plaintiff(s).. Document filed by Repex Ventures S.A. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Burke,
Timothy) (Entered: 03/30/2009) |
|
|
04/06/2009 |
STIPULATION
|
|
|
04/09/2009 |
REPLY
MEMORANDUM OF LAW in Support re: 15 MOTION to
Appoint Counsel. MOTION to Appoint Dr. Shmuel Cabilly to serve as lead
plaintiff(s). MOTION to Consolidate Cases 09-2032.. Document filed by Shmuel
Cabilly. (Torell, Catherine) (Entered: 04/09/2009) |
|
|
04/09/2009 |
REPLY
MEMORANDUM OF LAW in Support re: 19 MOTION to
Appoint Repex Ventures S.A. and Radovan Fijember to serve as lead plaintiff(s)
and Approving Selection of Lead Counsel.. Document filed by Repex
Ventures S.A. (Burke, Timothy) (Entered: 04/09/2009) |
|
|
04/14/2009 |
ENDORSED
LETTER addressed to Judge Richard M. Berman from Susan L. Saltzstein dated
4/14/2009 re: Requesting an adjournment of the conference scheduled for April
16, 2009. ENDORSEMENT: Adjourned to 6/16/2009 at 9:00 a.m. (Signed by Judge
Richard M. Berman on 4/14/2009) (jpo) (Entered: 04/14/2009) |
|
|
05/04/2009 |
FILING
ERROR - DEFICIENT DOCKET ENTRY - MOTION to Appoint Repex Ventures S.A. to
serve as lead plaintiff(s) and for Consolidation of All Related Actions,
and Approval of Selection of Lead Counsel. Document filed by Repex
Ventures S.A. (Attachments: # 1 Text of Proposed
Order)(Burke, Timothy) Modified on 5/5/2009 (jar). (Entered: 05/04/2009) |
|
|
05/04/2009 |
FILING
ERROR DEFICIENT DOCKET ENTRY MEMORANDUM OF LAW in Support re: 35 MOTION to
Appoint Repex Ventures S.A. to serve as lead plaintiff(s) and for
Consolidation of All Related Actions, and Approval of Selection of Lead
Counsel. MOTION to Appoint Repex Ventures S.A. to serve as lead
plaintiff(s) and for Consolidation of All Related Actions, and Approval of
Selection of Lead Counsel.. Document filed by Repex Ventures S.A. (Burke,
Timothy) Modified on 5/5/2009 (jar). (Entered: 05/04/2009) |
|
|
05/04/2009 |
FILING
ERROR DEFICIENT DOCKET ENTRY DECLARATION of Timothy J. Burke in Support re: 35 MOTION to
Appoint Repex Ventures S.A. to serve as lead plaintiff(s) and for
Consolidation of All Related Actions, and Approval of Selection of Lead
Counsel. MOTION to Appoint Repex Ventures S.A. to serve as lead
plaintiff(s) and for Consolidation of All Related Actions, and Approval of
Selection of Lead Counsel.. Document filed by Repex Ventures S.A.
(Attachments: # 1
Exhibit A, # 2
Exhibit B, # 3
Exhibit C)(Burke, Timothy) Modified on 5/5/2009 (jar). (Entered: 05/04/2009) |
|
|
05/04/2009 |
MOTION
to Appoint Foxton Group to serve as lead plaintiff(s)., MOTION to Consolidate
Cases 09cv289, 09cv2302; 09cv2558., MOTION to Appoint Counsel. Document filed
by Foxton Group.(Linkh, Gregory) (Entered: 05/04/2009) |
|
|
05/04/2009 |
MEMORANDUM
OF LAW in Support re: 38
MOTION to Appoint Foxton Group to serve as lead plaintiff(s). MOTION to
Consolidate Cases 09cv289, 09cv2302; 09cv2558. MOTION to Appoint Counsel..
Document filed by Foxton Group. (Linkh, Gregory) (Entered: 05/04/2009) |
|
|
05/04/2009 |
DECLARATION
of Gregory B. Linkh in Support re: 38 MOTION to
Appoint Foxton Group to serve as lead plaintiff(s). MOTION to Consolidate
Cases 09cv289, 09cv2302; 09cv2558. MOTION to Appoint Counsel.. Document filed
by Foxton Group. (Linkh, Gregory) (Entered: 05/04/2009) |
|
|
05/04/2009 |
|
***NOTE
TO ATTORNEY TO RE- |
|
05/04/2009 |
|
***NOTE
TO ATTORNEY TO RE- |
|
05/04/2009 |
|
***NOTE
TO ATTORNEY TO RE- |
|
05/05/2009 |
MOTION
to Appoint Repex Ventures S.A. to serve as lead plaintiff(s)., MOTION to
Appoint Counsel., MOTION to Consolidate Cases 1:09-cv-02032, 1:09-cv-02558.
Document filed by Repex Ventures S.A. (Attachments: # 1 Text of Proposed
Order)(Burke, Timothy) (Entered: 05/05/2009) |
|
|
05/05/2009 |
MEMORANDUM
OF LAW in Support re: 41
MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s). MOTION
to Appoint Counsel. MOTION to Consolidate Cases 1:09-cv-02032, 1:09-cv-02558.
MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s)..
Document filed by Repex Ventures S.A. (Burke, Timothy) (Entered: 05/05/2009) |
|
|
05/05/2009 |
DECLARATION
of Timothy J. Burke in Support re: 41 MOTION to
Appoint Repex Ventures S.A. to serve as lead plaintiff(s). MOTION to Appoint
Counsel. MOTION to Consolidate Cases 1:09-cv-02032, 1:09-cv-02558. MOTION to
Appoint Repex Ventures S.A. to serve as lead plaintiff(s).. Document filed by
Repex Ventures S.A. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Burke,
Timothy) (Entered: 05/05/2009) |
|
|
05/20/2009 |
ENDORSED
LETTER addressed to Judge Richard M. Berman from Susan L. Saltzstein dated
5/19/09 re: Counsel for Defendant Pioneer Alternative Investments
respectfully request that the conference be rescheduled for Wednesday,
6/24/09 if convenient for the Court. ENDORSEMENT: Application granted.
Conference adjourned to 6/24/ |
|
|
05/21/2009 |
MEMORANDUM
OF LAW in Opposition re: 38 MOTION to
Appoint Foxton Group to serve as lead plaintiff(s). MOTION to Consolidate
Cases 09cv289, 09cv2302; 09cv2558. MOTION to Appoint Counsel., 41 MOTION to
Appoint Repex Ventures S.A. to serve as lead plaintiff(s). MOTION to Appoint
Counsel. MOTION to Consolidate Cases 1:09-cv-02032, 1:09-cv-02558. MOTION to
Appoint Repex Ventures S.A. to serve as lead plaintiff(s).. Document filed by
Shmuel Cabilly. (Torell, Catherine) (Entered: 05/21/2009) |
|
|
05/21/2009 |
DECLARATION
of Catherine A. Torell in Opposition re: 38 MOTION to
Appoint Foxton Group to serve as lead plaintiff(s). MOTION to Consolidate
Cases 09cv289, 09cv2302; 09cv2558. MOTION to Appoint Counsel., 41 MOTION to
Appoint Repex Ventures S.A. to serve as lead plaintiff(s). MOTION to Appoint
Counsel. MOTION to Consolidate Cases 1:09-cv-02032, 1:09-cv-02558. MOTION to
Appoint Repex Ventures S.A. to serve as lead plaintiff(s).. Document filed by
Shmuel Cabilly. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit
D)(Torell, Catherine) (Entered: 05/21/2009) |
|
|
05/21/2009 |
FILING
ERROR - DEFICIENT DOCKET ENTRY - (LINKED TO THE WRONG MOTION, |
|
|
05/21/2009 |
DECLARATION
of Timothy J. Burke in Opposition re: 38 MOTION to
Appoint Foxton Group to serve as lead plaintiff(s). MOTION to Consolidate
Cases 09cv289, 09cv2302; 09cv2558. MOTION to Appoint Counsel.. Document filed
by Repex Ventures S.A. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Burke,
Timothy) (Entered: 05/21/2009) |
|
|
05/21/2009 |
MEMORANDUM
OF LAW in Opposition re: 15 MOTION to
Appoint Counsel. MOTION to Appoint Dr. Shmuel Cabilly to serve as lead
plaintiff(s). MOTION to Consolidate Cases 09-2032., 41 MOTION to
Appoint Repex Ventures S.A. to serve as lead plaintiff(s). MOTION to Appoint
Counsel. MOTION to Consolidate Cases 1:09-cv-02032, 1:09-cv-02558. MOTION to
Appoint Repex Ventures S.A. to serve as lead plaintiff(s).. Document filed by
Foxton Group. (Linkh, Gregory) (Entered: 05/21/2009) |
|
|
05/21/2009 |
DECLARATION
of Foxton Group in Opposition re: 15 MOTION to
Appoint Counsel. MOTION to Appoint Dr. Shmuel Cabilly to serve as lead
plaintiff(s). MOTION to Consolidate Cases 09-2032., 41 MOTION to
Appoint Repex Ventures S.A. to serve as lead plaintiff(s). MOTION to Appoint
Counsel. MOTION to Consolidate Cases 1:09-cv-02032, 1:09-cv-02558. MOTION to Appoint
Repex Ventures S.A. to serve as lead plaintiff(s).. Document filed by Foxton
Group. (Linkh, Gregory) (Entered: 05/21/2009) |
|
|
05/21/2009 |
MEMORANDUM
OF LAW in Opposition re: 38 MOTION to
Appoint Foxton Group to serve as lead plaintiff(s). MOTION to Consolidate
Cases 09cv289, 09cv2302; 09cv2558. MOTION to Appoint Counsel.. Document filed
by Repex Ventures S.A. (Burke, Timothy) (Entered: 05/21/2009) |
|
|
05/28/2009 |
NOTICE
OF APPEARANCE by Albert Yong Chang on behalf of Foxton Group (Chang, Albert)
(Entered: 05/28/2009) |
|
|
06/01/2009 |
REPLY
MEMORANDUM OF LAW in Support re: 15 MOTION to
Appoint Counsel. MOTION to Appoint Dr. Shmuel Cabilly to serve as lead
plaintiff(s). MOTION to Consolidate Cases 09-2032.. Document filed by Shmuel
Cabilly. (Torell, Catherine) (Entered: 06/01/2009) |
|
|
06/01/2009 |
DECLARATION
of Catherine A. Torell in Support re: 15 MOTION to
Appoint Counsel. MOTION to Appoint Dr. Shmuel Cabilly to serve as lead
plaintiff(s). MOTION to Consolidate Cases 09-2032.. Document filed by Shmuel
Cabilly. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit
C)(Torell, Catherine) (Entered: 06/01/2009) |
|
|
06/01/2009 |
REPLY
MEMORANDUM OF LAW in Support re: 38 MOTION to
Appoint Foxton Group to serve as lead plaintiff(s). MOTION to Consolidate
Cases 09cv289, 09cv2302; 09cv2558. MOTION to Appoint Counsel.. Document filed
by Foxton Group. (Linkh, Gregory) (Entered: 06/01/2009) |
|
|
06/01/2009 |
DECLARATION
of Albert Y. Chang in Support re: 38 MOTION to
Appoint Foxton Group to serve as lead plaintiff(s). MOTION to Consolidate
Cases 09cv289, 09cv2302; 09cv2558. MOTION to Appoint Counsel.. Document filed
by Foxton Group. (Linkh, Gregory) (Entered: 06/01/2009) |
|
|
06/02/2009 |
REPLY
MEMORANDUM OF LAW in Support re: 41 MOTION to
Appoint Repex Ventures S.A. to serve as lead plaintiff(s). MOTION to Appoint
Counsel. MOTION to Consolidate Cases 1:09-cv-02032, 1:09-cv-02558. MOTION to
Appoint Repex Ventures S.A. to serve as lead plaintiff(s).. Document filed by
Repex Ventures S.A. (Burke, Timothy) (Entered: 06/02/2009) |
|
|
06/24/2009 |
|
Minute
Entry for proceedings held before Judge Richard M. Berman: Status Conference
held on 6/24/2009. Lead plaintiff motions filed. (mro) (Entered: 07/09/2009) |
|
07/28/2009 |
NOTICE
of Pendency of Bankruptcy Proceedings of Bernard L. Madoff and of Automatic
Stay. Document filed by Irving H. Picard, Trustee for the Substantively
Consolidated SIPA Liquidation of Bernard L. Madoff Investment Securities LLC.
and Bernard L. Madoff.. (Attachments: # 1 Exhibit
A)(Hirschfield, Marc) (Entered: 07/28/2009) |
|
|
09/22/2009 |
ADMINISTRATIVE
ORDER: Counsel are directed to appear for a conference regarding their
motions for consolidation of the above-captioned actions and appointment of
lead plaintiff and lead counsel on Tuesday, 9/29/2009 at 12:00 PM in
Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Richard M.
Berman. Counsel should be prepared for oral argument of approximately five
minutes per Movant. (Signed by Judge Richard M. Berman on 9/22/09) (tro)
(Entered: 09/22/2009) |
|
|
10/05/2009 |
ORDER:
For the foregoing reasons, the motions for consolidation and appointment of
lead plaintiff and lead counsel [# 15, 19, 23, 38, and 41] are granted in
part and denied in part. The above-captioned actions are consolidated for
pretrial purposes only. The actions are consolidated under the caption
"In re Herald, Primeo and Thema Funds Securities Litigation," under
File Number 09 Civ. 289 (RMB) ( |
|
|
10/05/2009 |
|
Set/Reset
Hearings: Status Conference set for 11/12/2009 at 09:30 AM in Courtroom 21B,
500 Pearl Street, New York, NY 10007 before Judge Richard M. Berman. (jfe)
(Entered: 10/06/2009) |
|
10/12/2009 |
Objection
re: 60 Order on
Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead
Plaintiff(s), Order on Motion to Consolidate Cases, Order on Motion to
Appoint Counsel, Order on Motion to Appoint Lead Plaintiff(s),,,, Order on
Motion to Appoint Lead Plaintiff(s),, Order on Motion to Appoint Lead
Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to
Appoint Lead Plaintiff(s),,, Order on Motion to Appoint Lead Plaintiff(s),,,,
Order on Motion to Appoint Lead Plaintiff(s),, Order on Motion to Appoint
Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on
Motion to Appoint Lead Plaintiff(s),,, Order on Motion to Appoint Lead
Plaintiff(s),,,, Order on Motion to Appoint Lead Plaintiff(s),, Order on
Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead
Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s),,, Order on Motion
to Appoint Lead Plaintiff(s),,,, Order on Motion to Appoint Lead
Plaintiff(s),, Order on Motion to Appoint Lead Plaintiff(s), Order on Motion
to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s),,,
Order on Motion to Appoint Lead Plaintiff(s),,,, Order on Motion to Appoint
Lead Plaintiff(s),, Order on Motion to Appoint Lead Plaintiff(s), Order on
Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead
Plaintiff(s),,, Order on Motion to Appoint Lead Plaintiff(s),,,, Order on
Motion to Appoint Lead Plaintiff(s),, Order on Motion to Appoint Lead
Plaintiff(s) Partial Objection of Lead Plaintiff Davis to the October 5,
2009 Order. Document filed by Neville Seymour Davis. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Chang,
Albert) (Entered: 10/12/2009) |
|
|
10/13/2009 |
ORDER
For the reasons stated in Lead Plaintiff Neville Seymour Davis's partial
objection to the Court's October 5, 2009 Order (the "Order"), the
Court grants Mr. Davis's request to amend the Order and further orders that:
the portion of the Order appointing Murray, Frank & Sailer LLP as Lead
Counsel in Perrone v. Benbassat, No. 09 Civ. 2558 (RMB) ( |
|
|
10/16/2009 |
63 |
TRANSCRIPT
of proceedings held on September 29, 2009 at 12:30pm before Judge Richard M.
Berman. (rdz) (Entered: 11/03/2009) |
|
10/16/2009 |
66 |
TRANSCRIPT
of proceedings held on September 29, 2009 at 12:30 pm before Judge Richard M.
Berman. (rdz) (Entered: 11/06/2009) |
|
11/02/2009 |
MOTION
for Francis A. Bottini, Jr. to Appear Pro Hac Vice. Document filed by Repex
Ventures S.A.(mro) (Entered: 11/04/2009) |
|
|
11/04/2009 |
ORDER
ADMITTING ATTORNEY PRO HAC VICE. Attorney Francis A. Bottini for Repex
Ventures S.A admitted Pro Hac Vice. (Signed by Judge Richard M. Berman on
11/4/2009) (jmi) (Entered: 11/05/2009) |
|
|
11/04/2009 |
|
Transmission
to Attorney Admissions Clerk. Transmitted re: 65 Order Admitting
Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of
Attorney Information. (jmi) (Entered: 11/05/2009) |
|
11/06/2009 |
NOTICE
OF CHANGE OF ADDRESS by Albert Yong Chang on behalf of Foxton Group. New
Address: JOHNSON BOTTINI, LLP, 501 W. Broadway, Suite 1720, San Diego, CA,
U.S. 92101, (619) 230-0063. (Chang, Albert) (Entered: 11/06/2009) |
|
|
11/12/2009 |
|
Minute
Entry for proceedings held before Judge Richard M. Berman: Status Conference
held on 11/12/2009. Next Status Conference set for 4/13/2010 at 09:30 AM
before Judge Richard M. Berman. (mro) (Entered: 11/12/2009) |
|
11/17/2009 |
|
CASHIERS
OFFICE REMARK on 64
Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 11/02/2009, Receipt
Number 704965. (jd) (Entered: 11/17/2009) |
|
12/07/2009 |
RULE 7.1
CORPORATE DISCLOSURE STATEMENT. Identifying UniCredit S.p.A. as Corporate
Parent. Document filed by Pioneer Alternative Investments.(Saltzstein, Susan)
(Entered: 12/07/2009) |
|
|
12/08/2009 |
69 |
TRANSCRIPT
of proceedings held on 11/12/2009 before Judge Richard M. Berman. (mbe)
(Entered: 12/10/2009) |
|
01/04/2010 |
70 |
TRANSCRIPT
of proceedings held on November 12, 2009 before Judge Richard M. Berman.
(mro) (Entered: 01/04/2010) |
|
02/09/2010 |
NOTICE
OF APPEARANCE by Stephen Douglas Bunch on behalf of Shmuel Cabilly (Bunch,
Stephen) (Entered: 02/09/2010) |
|
|
02/11/2010 |
AMENDED
COMPLAINT amending 1
Complaint, against Herald USA Fund, Herald Luxemburg Fund, Bank Austria
Creditanstalt, Unicredit S.A., Primeo Select Fund, Pioneer Alternative Investments,
Thema International Fund |
|
|
02/11/2010 |
|
SUMMONS
ISSUED as to HAML, Paul de Sury, Gabriel Safdie, William A. Jones, Helmuth E.
Frey, Andreas Pirkner, Friedrich Pfeffer, Franco Mugnai, Richard Goddard,
Hannes Saleta, Ernst & Young Global Limited, Friehling & Horowitz.
(rdz) (Entered: 02/17/2010) |
|
02/11/2010 |
CONSOLIDATED
AMENDED COMPLAINT amending 5 Amended
Complaint, against Primeo Select Fund, Hannes Saleta, Ernst & Young
Global Limited, HSBC Securities Services (Luxemburg) S.A., HSBC Holdings plc,
Primeo Executive Fund, Bank Medici, UniCredit, Bank Austria, Pioneer Global
Asset Management S.p.A., Alfred Simon, Karl E. Kaniak, Hans-Peter
Tiefenbacher, Johannes P. Spalek, Nigel H. Fielding, James E. O'neill,
Alberto LaRocca, Declan Murray, Ursula Radel-Leszcynski, Michael Wheaton, BA
Worldwide Fund Management, Ltd., Pioneer Alternative Investment Management
Ltd., Bank of Bermuda (Cayman) Limited, Bank of Bermuda (Luxembourg) S.A.,
Bank of Bermuda Limited, Ernst & Young (Cayman), Sonja Kohn.Document
filed by Schmuel Cabilly, Korea Exchange Bank. Related document: 5 Amended
Complaint, filed by Repex Ventures S.A.(laq) (laq). (Entered: 02/19/2010) |
|
|
02/11/2010 |
AMENDED
CLASS ACTION COMPLAINT amending 75 Amended
Complaint,against Nurnberger Versicherung Aktiengesellschaft Osterreich,
Primeo Select Fund, Foxton Group, Irving H. Picard, Trustee for the
Substantively Consolidated SIPA Liquidation of Bernard L. Madoff Investment
Securities LLC. and Bernard L. Madoff., Neville Seymour Davis, Hannes Saleta,
Ernst & Young Global Limited, HSBC Securities Services (Luxemburg) S.A.,
HSBC Holdings plc, Primeo Executive Fund, Bank Medici, UniCredit, Bank
Austria, Pioneer Global Asset Management S.p.A., Alfred Simon, Karl E.
Kaniak, Hans-Peter Tiefenbacher, Johannes P. Spalek, Nigel H. Fielding, James
E. O'neill, Alberto LaRocca, Declan Murray, Ursula Radel-Leszcynski, Michael
Wheaton, BA Worldwide Fund Management, Ltd., Pioneer Alternative Investment Management
Ltd., Bank of Bermuda (Cayman) Limited, Bank of Bermuda (Luxembourg) S.A.,
Bank of Bermuda Limited, Ernst & Young (Cayman), Alberto Benbassat,
Stephane Benbassat, Genevalor, Benbassat & Cie, Gerald J.P. Brady, John
Holliwell, Sonja Kohn, Daniel Morrissey, David T. Smith, Werner Tripolt, Bank
Medici AG, Unicredit |
|
|
02/11/2010 |
77 |
RULE 7.1
CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Korea
Exchange Bank.(laq) (Entered: 03/01/2010) |
|
02/16/2010 |
NOTICE
OF APPEARANCE by Francis A. Bottini on behalf of Neville Seymour Davis
(Attachments: # 1
Proof of Service)(Bottini, Francis) (Entered: 02/16/2010) |
|
|
02/16/2010 |
NOTICE
OF APPEARANCE by Albert Yong Chang on behalf of Neville Seymour Davis
(Attachments: # 1
Proof of Service)(Chang, Albert) (Entered: 02/16/2010) |
|
|
03/03/2010 |
NOTICE
of Correction re: 76
Amended Complaint,,,,,,. Document filed by Schmuel Cabilly, Korea Exchange
Bank. (Bunch, Stephen) (Entered: 03/03/2010) |
|
|
03/03/2010 |
AMENDED
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying LSF-KEB Holdings, SCA as
Corporate Parent. Document filed by Korea Exchange Bank.(Bunch, Stephen)
(Entered: 03/03/2010) |
|
|
03/12/2010 |
STIPULATION
|
|
|
03/12/2010 |
STIPULATION
EXTENDING TIME FOR |
|
|
03/15/2010 |
ENDORSED
LETTER addressed to Judge Richard M. Berman from Susan L. Saltzstein dated
3/15/10 re: counsel for Defendant respectfully submit that the Stipulation
so-ordered on March 12, 2010, should be vacated or amended to conform with
the proposal in the previous paragraph. We are available to discuss these
issues at the Court's convenience. ENDORSEMENT: conference scheduled for 3/ |
|
|
03/24/2010 |
NOTICE
OF APPEARANCE by Dennis H. Tracey, |
|
|
03/24/2010 |
NOTICE
OF APPEARANCE by Sanford M. Litvack on behalf of Pricewaterhousecoopers
Bermuda (Litvack, Sanford) (Entered: 03/24/2010) |
|
|
03/24/2010 |
NOTICE
OF APPEARANCE by Brittan James Strangways on behalf of Pricewaterhousecoopers
Bermuda (Strangways, Brittan) (Entered: 03/24/2010) |
|
|
03/25/2010 |
WAIVER
OF SERVICE RETURNED EXECUTED. Pricewaterhousecoopers (Dublin) waiver sent on
2/24/2010, answer due 4/26/2010. Document filed by Neville Seymour Davis.
(Chang, Albert) (Entered: 03/25/2010) |
|
|
03/25/2010 |
WAIVER
OF SERVICE RETURNED EXECUTED. Pricewaterhousecoopers Bermuda waiver sent on
2/24/2010, answer due 4/26/2010. Document filed by Neville Seymour Davis.
(Chang, Albert) (Entered: 03/25/2010) |
|
|
03/25/2010 |
WAIVER
OF SERVICE RETURNED EXECUTED. Pricewaterhousecoopers International Ltd.
waiver sent on 2/24/2010, answer due 4/26/2010. Document filed by Neville
Seymour Davis. (Chang, Albert) (Entered: 03/25/2010) |
|
|
03/25/2010 |
NOTICE
OF CHANGE OF ADDRESS by Brittan James Strangways on behalf of
Pricewaterhousecoopers Bermuda. New Address: Hogan & Hartson LLP, 875
Third Avenue, New York, New York, USA 10022, 212-918-3268. (Strangways,
Brittan) (Entered: 03/25/2010) |
|
|
03/25/2010 |
SUMMONS
RETURNED EXECUTED. Service was accepted by Christina Higgins, Managing Agent.
Document filed by Schmuel Cabilly. (Bunch, Stephen) (Entered: 03/25/2010) |
|
|
03/25/2010 |
SUMMONS
RETURNED EXECUTED. Unicredit |
|
|
03/26/2010 |
NOTICE
OF APPEARANCE by Thomas G. Rafferty on behalf of Pricewaterhousecoopers
(Dublin) (Rafferty, Thomas) (Entered: 03/26/2010) |
|
|
03/26/2010 |
NOTICE
OF APPEARANCE by Antony L Ryan on behalf of Pricewaterhousecoopers (Dublin)
(Ryan, Antony) (Entered: 03/26/2010) |
|
|
03/26/2010 |
NOTICE
OF APPEARANCE by Samira Shah on behalf of Pricewaterhousecoopers (Dublin)
(Shah, Samira) (Entered: 03/26/2010) |
|
|
03/26/2010 |
NOTICE
OF APPEARANCE by Thomas J. Moloney on behalf of HSBC Securities Services
(Luxemburg) S.A., HSBC Holdings plc, Bank of Bermuda (Cayman) Limited, Bank
of Bermuda (Luxembourg) S.A., Bank of Bermuda Limited, HSBC Institutional
Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd.
(Moloney, Thomas) (Entered: 03/26/2010) |
|
|
03/29/2010 |
SUMMONS
RETURNED EXECUTED Summons and Amended Complaint,,,,,,, served. Service was
accepted by Leah Hernandez. Document filed by Neville Seymour Davis. (Linkh,
Gregory) (Entered: 03/29/2010) |
|
|
03/29/2010 |
SUMMONS
RETURNED EXECUTED Summons and Amended Complaint,,,,,,, served. Service was
accepted by Mark Madoff. Document filed by Neville Seymour Davis. (Linkh,
Gregory) (Entered: 03/29/2010) |
|
|
03/29/2010 |
SUMMONS
RETURNED EXECUTED Summons and Amended Complaint,,,,,,, served. Service was
accepted by Diane Koblan. Document filed by Neville Seymour Davis. (Linkh,
Gregory) (Entered: 03/29/2010) |
|
|
03/29/2010 |
SUMMONS
RETURNED EXECUTED Summons and Amended Complaint,,,,,,, served. Service was
accepted by Vincent DiMascio. Document filed by Neville Seymour Davis.
(Linkh, Gregory) (Entered: 03/29/2010) |
|
|
03/29/2010 |
MOTION
for Joshua S. Devore to Appear Pro Hac Vice. Document filed by Dr. Shmuel
Cabilly. (mro) Modified on 3/30/2010 (mro). (Entered: 03/30/2010) |
|
|
03/31/2010 |
NOTICE
OF APPEARANCE by Fraser Lee Hunter, Jr on behalf of Pricewaterhousecoopers
International Ltd. (Hunter, Fraser) (Entered: 03/31/2010) |
|
|
03/31/2010 |
NOTICE
OF APPEARANCE by Howard M. Shapiro on behalf of Pricewaterhousecoopers
International Ltd. (Shapiro, Howard) (Entered: 03/31/2010) |
|
|
03/31/2010 |
NOTICE
OF APPEARANCE by Anne K. Small on behalf of Pricewaterhousecoopers
International Ltd. (Small, Anne) (Entered: 03/31/2010) |
|
|
03/31/2010 |
NOTICE
OF APPEARANCE by Brad Eric Konstandt on behalf of Pricewaterhousecoopers
International Ltd. (Konstandt, Brad) (Entered: 03/31/2010) |
|
|
04/01/2010 |
ORDER
FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 100 Motion for
Joshua S. Devore to Appear Pro Hac Vice. Joshua S. Devore is admitted to
practice pro hac vice as counsel for Lead Plaintiff in this action. (Signed
by Judge Richard M. Berman on 3/31/2010) (tro) (Entered: 04/01/2010) |
|
|
04/07/2010 |
SUMMONS
RETURNED EXECUTED. Document filed by Schmuel Cabilly. (Bunch, Stephen)
(Entered: 04/07/2010) |
|
|
04/09/2010 |
|
CASHIERS
OFFICE REMARK on 100
Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 03/29/2010,
Receipt Number 898699. (jd) (Entered: 04/09/2010) |
|
04/14/2010 |
107 |
TRANSCRIPT
of proceedings held on March 30, 2010 9:20 a.m. before Judge Richard M.
Berman. (ajc) (Entered: 04/14/2010) |
|
04/30/2010 |
STIPULATION
|
|
|
05/18/2010 |
NOTICE
of Change of Firm Name and Email Address. Document filed by
Pricewaterhousecoopers Bermuda. (Tracey, Dennis) (Entered: 05/18/2010) |
|
|
05/18/2010 |
NOTICE
of Change of Firm Name and Email Address. Document filed by
Pricewaterhousecoopers Bermuda. (Litvack, Sanford) (Entered: 05/18/2010) |
|
|
05/18/2010 |
NOTICE
of Change of Firm Name and Email Address. Document filed by
Pricewaterhousecoopers Bermuda. (Strangways, Brittan) (Entered: 05/18/2010) |
|
|
06/02/2010 |
ORDER
REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk
of Court for assignment to a Magistrate Judge for General Pretrial (includes
scheduling, discovery, non-dispositive pretrial motions, and settlement).
Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Richard M.
Berman on 6/2/2010) (tro) (Entered: 06/03/2010) |
|
|
06/03/2010 |
ORDER
Cohen Millstein is directed to promptly serve copies of their cover letter
and the letters of request on counsel for all parties that have appeared to
date and to advise me when that has been accomplished. If Cohen Millstein
believes that such service is not necessary, it is directed to promptly
advise me of the basis for its belief with citation to appropriate legal
authority. Cohen Millstein is also directed to advise me whether it wishes me
to cross out Judge Berman's name below the signature line on each request and
substitute my own or whether it wishes to submit revised requests with my
name typed below the signature line; it is my understanding that some
attorneys prefer to submit "clean" letters of request to foreign
judicial authorities to avoid any potential issues. SO ORDERED (Signed by
Magistrate Judge Henry B. Pitman on 6/3/2010) (jmi) (Entered: 06/03/2010) |
|
|
06/15/2010 |
114 |
LETTER
addressed to Judge Richard M. Berman from Hannah Sholl dated 6/11/10 re: We
write to inform Your Honor that the Trustee appointed to liquidate Bernard L.
Madoff Investment Securities LLC under the Securities Investment Protection
Act has filed a complaint against the plaintiffs in the above captioned
action, as well as plaintiffs in other actions against Mark and Andrew
Madoff, in the US Bankruptcy Court for the Southern District of NY. Document
filed by Andrew Madoff, Mark Madoff.(mro) (Entered: 06/15/2010) |
|
06/17/2010 |
115 |
LETTER
addressed to Judge Richard M. Berman from Timothy J. Burke dated 6/16/10 re:
I represent Lead Plaintiff Repex Ventures, S.A.; I write to clarify Ms.
Sholl's claim that the trustee has filed an action against plaintiffs in the
above entitled action; Instead of filing an action against the
plaintiffs...it appears that the trustee's action seeks to enjoin only one
plaintiff, Mr. Neville Seymour Davis. Document filed by Ursula
Radel-Leszcynski.(mro) (Entered: 06/18/2010) |
|
07/08/2010 |
STIPULATION
AS TO WAlVER OF SERVICE; that the Pioneer Defendants agree to Lead
Plaintiffs' request to waive (and hereby waive) service of summons and
amended complaints in the captioned actions, it being understood and agreed
that such waiver is without prejudice to, or waiver of, all defenses (other
than the adequacy of service) that the Pioneer Defendants may have in the
captioned actions, including, without limitation, all personal and subject
matter jurisdictional defenses. Pursuant to the Court's order at its March
30, 2010 hearing, the Pioneer Defendants shall not be required to serve or
file any answer or motion challenging the pleadings except as ordered by the
Court in a further briefing or answering schedule which will be sought only
after all defendants whom Lead Plaintiffs wish to serve are served or waive
service, and such defendants as Lead Plaintiffs are unable or unwilling to
serve are dismissed from the amended complaints. The Pioneer Defendants and
Lead Plaintiff agree to confer with each other and other named defendants
regarding the briefing or answering schedule to be proposed to the Court. (Signed
by Judge Richard M. Berman on 7/8/10) (pl) (Entered: 07/09/2010) |
|
|
07/20/2010 |
ORDER
FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION. IT IS HEREBY ORDERED that
Joshua S. Devore is admitted to practice pro hac vice as counsel for Lead
Plaintiff in the above-captioned case in the United States District Court for
the Southern District of New York. Relates to 09-289, 09-2032. Attorney
Joshua Seth Devore for Schmuel Cabilly admitted Pro Hac Vice. (Signed by
Judge Richard M. Berman on 7/20/10) (rjm) (Entered: 07/20/2010) |
|
|
08/24/2010 |
NOTICE
OF APPEARANCE by Lisa Jean Fried on behalf of Pricewaterhousecoopers Bermuda
(Fried, Lisa) (Entered: 08/24/2010) |
|
|
08/25/2010 |
ENDORSED
LETTER addressed to Judge Richard M. Berman from Brittan J. Strangways dated
8/17/10 re: counsel for PricewaterhouseCoopers Bermuda writes that I will no
longer be associated with the law firm of Hogan Lovells US LLP, counsel for
defendant PricewaterhouseCoopers Bermuda in the above referenced matter.
Please direct the Clerk to remove my name from the Court's docket.
ENDORSEMENT: The Clerk of Court is respectfully requested to remove Brittan Strangways'
name from this docket. (Signed by Judge Richard M. Berman on 8/25/10) (pl)
(Entered: 08/26/2010) |
|
|
09/28/2010 |
WAIVER
OF SERVICE RETURNED EXECUTED. William Fry waiver sent on 3/22/2010, answer
due 5/21/2010. Document filed by Neville Seymour Davis. (Chang, Albert)
(Entered: 09/28/2010) |
|
|
09/28/2010 |
AFFIDAVIT
OF SERVICE. Service was accepted by Katherine Rauschnabel, V.P. Counsel of
Unicredit |
|
|
09/29/2010 |
SUMMONS
RETURNED EXECUTED. Document filed by Schmuel Cabilly. (Bunch, Stephen)
(Entered: 09/29/2010) |
|
|
09/29/2010 |
SUMMONS
RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen)
(Entered: 09/29/2010) |
|
|
09/29/2010 |
SUMMONS
RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen)
(Entered: 09/29/2010) |
|
|
09/29/2010 |
SUMMONS
RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen)
(Entered: 09/29/2010) |
|
|
09/29/2010 |
SUMMONS
RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen)
(Entered: 09/29/2010) |
|
|
09/29/2010 |
SUMMONS
RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen)
(Entered: 09/29/2010) |
|
|
09/29/2010 |
SUMMONS
RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen)
(Entered: 09/29/2010) |
|
|
09/29/2010 |
SUMMONS
RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen)
(Entered: 09/29/2010) |
|
|
09/29/2010 |
SUMMONS
RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen)
(Entered: 09/29/2010) |
|
|
09/30/2010 |
FILING
ERROR - DEFICIENT DOCKET ENTRY - SUMMONS RETURNED EXECUTED. Service was
accepted by Jansen Rolf, Senior Legal Counsel on behalf of Defendant Ernst
& Young S.A.. Document filed by Dana Trezziova, Repex Ventures S.A.
(Burke, Timothy) Modified on 10/5/2010 (KA). (Entered: 09/30/2010) |
|
|
09/30/2010 |
SUMMONS
RETURNED EXECUTED. Service was accepted by Jansen Rolf, Senior Legal Counsel
on Behalf of Defendant HSBC Securities Services (Luxembourg) S.A.. Document
filed by Dana Trezziova, Repex Ventures S.A. (Burke, Timothy) (Entered:
09/30/2010) |
|
|
09/30/2010 |
SUMMONS
RETURNED EXECUTED. Service was accepted by Abeg Annick, Assistant on Behalf
of Defendant Ernst & Young, S.A.. Document filed by Dana Trezziova, Repex
Ventures S.A. (Burke, Timothy) (Entered: 09/30/2010) |
|
|
10/05/2010 |
SUMMONS
RETURNED EXECUTED. Herald ( |
|
|
10/05/2010 |
NOTICE
OF APPEARANCE by David Elbaum on behalf of Nigel H. Fielding (Elbaum, David)
(Entered: 10/05/2010) |
|
|
10/18/2010 |
SUMMONS
RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen)
(Entered: 10/18/2010) |
|
|
10/19/2010 |
NOTICE
OF APPEARANCE by Brett Samuel Moore on behalf of Messrs. Ferdinand Burg and
Carlo Reding, the Court Appointed Liquidators for Herald ( |
|
|
10/19/2010 |
AFFIDAVIT
OF SERVICE. Service was accepted by Rohan Small, Partner. Document filed by
Dana Trezziova, Repex Ventures S.A. (Burke, Timothy) (Entered: 10/19/2010) |
|
|
10/22/2010 |
ENDORSED
LETTER addressed to Judge Richard M. Berman from Timothy Burke dated 10/20/10
re: Request that the motion conference be held during the 11/16 status
conference. ENDORSEMENT: We will discuss this issue at the status conference on
11/16/10. (Signed by Judge Richard M. Berman on 10/22/10) (cd) (Entered:
10/22/2010) |
|
|
10/26/2010 |
NOTICE
OF APPEARANCE by Arthur Luk on behalf of Ernst & Young Global Limited
(Luk, Arthur) (Entered: 10/26/2010) |
|
|
10/26/2010 |
NOTICE
of Appearance of Claudius Sokenu. Document filed by Ernst & Young Global
Limited. (Luk, Arthur) (Entered: 10/26/2010) |
|
|
10/27/2010 |
ENDORSED
LETTER addressed to Judge Richard M. Berman from Richard A. Martin dated
10/27/2010, re: Counsel for Defendant Ernst & Young S.A. ("EY
Lux") write in reply to plaintiffs' letter to the Court dated October
26, 2010, sent in response to their request for a pre-motion conference. EY
Lux submits that because plaintiffs no longer have a good faith basis to
assert a Section 10(b) claim against EY Lux, this Court should dismiss the
claim without subjecting EY Lux to the expense and delay of engaging in a
full round of formal briefing involving a potentially wide array of issues.
Plaintiffs also object to EY Lux's request, suggesting that they will not
have sufficient time to analyze EY Lux's argument on an expedited basis. The
Court should reject plaintiffs' transparent attempt to delay a prompt
resolution of the claims, and allow the parties to address this issue in
advance of the November 16, 2010 conference. ENDORSEMENT: We can discuss
Defendant Ernst & Young's proposed motion at the status conference on
11/16/10. SO ORDERED. (Signed by Judge Richard M. Berman on 10/27/2010) (lnl)
(Entered: 10/28/2010) |
|
|
10/27/2010 |
MOTION
for John C. Massaro to Appear Pro Hac Vice. Document filed by Ernst &
Young Global Limited.(mbe) (Entered: 11/02/2010) |
|
|
11/01/2010 |
CLERK
CERTIFICATE OF MAILING of Summons & Consolidated Amended Complaint mailed
to Dr. Hans-Peter Tiefenbacher at the following address: Dr. Hans-Peter
Tiefenbacher |
|
|
11/03/2010 |
ORDER
granting 144
Motion for John C. Massaro to Appear Pro Hac Vice. (Signed by Judge Richard
M. Berman on 11/3/2010) (jpo) (Entered: 11/03/2010) |
|
|
11/03/2010 |
ENDORSED
LETTER addressed to Judge Richard M. Berman from Price O. Gielen dated
11/2/2010 re: Requesting that Repex's request to serve Mrs. Kohn through Mr.
Neuberger. ENDORSEMENT: See F.R.C.P. for rules re: appearance, reservation of
rights to challenge jurisdiction, etc.. (Signed by Judge Richard M. Berman on
11/3/2010) (jpo) (Entered: 11/03/2010) |
|
|
11/09/2010 |
|
CLERK
CERTIFICATE OF MAILING RECEIVED for Summons & Consolidated Amended
Complaint mailed to Dr. Hans-Peter Tiefenbacher on 10/29/2010 as per doc. 143
by Registered Mail # 8486 5023 5902, RECEIVED ON: 11/5/2010. (jn) (Entered:
11/09/2010) |
|
11/10/2010 |
NOTICE
OF APPEARANCE by Sheldon Eisenberger on behalf of Sonja Kohn (Eisenberger,
Sheldon) (Entered: 11/10/2010) |
|
|
11/12/2010 |
NOTICE
OF APPEARANCE by Richard A. Martin on behalf of Ernst & Young S.A.
(Martin, Richard) (Entered: 11/12/2010) |
|
|
11/12/2010 |
NOTICE
OF APPEARANCE by Patryk J. Chudy on behalf of Ernst & Young S.A. (Chudy,
Patryk) (Entered: 11/12/2010) |
|
|
11/12/2010 |
NOTICE
OF APPEARANCE by Jeff G. Hammel on behalf of Karl E. Kaniak, Alberto LaRocca,
Declan Murray, Ursula Radel-Leszcynski, Hannes Saleta, Alfred Simon, Johannes
P. Spalek, Hans-Peter Tiefenbacher (Hammel, Jeff) (Entered: 11/12/2010) |
|
|
11/12/2010 |
MOTION
for Price O. Gielen to Appear Pro Hac Vice. Document filed by Sonja
Kohn.(mro) (Entered: 11/15/2010) |
|
|
11/16/2010 |
CLERK
CERTIFICATE OF MAILING of Summons & Consolidated Amended Complaint mailed
to Dr. Hans-Peter Tiefenbacher at the following address: Dr. Hans-Peter
Tiefenbacher c/o Campagnolo - Custode, Via San Damiano 2, Milan, Italy, 20121
on 11/16/2010 by FedEx # 8729 1237 2290. (jn) (Entered: 11/16/2010) |
|
|
11/16/2010 |
NOTICE
OF APPEARANCE by Evan A. Davis on behalf of Bank of Bermuda (Cayman) Limited,
Bank of Bermuda (Luxembourg) S.A., Bank of Bermuda Limited, HSBC Holdings
plc, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities
Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A. (Davis,
Evan) (Entered: 11/16/2010) |
|
|
11/16/2010 |
|
Minute
Entry for proceedings held before Judge Richard M. Berman: Status Conference
held on 11/16/2010. Next Status Conference set for 1/10/2011 at 09:30 AM
before Judge Richard M. Berman. (mro) (Entered: 11/17/2010) |
|
11/17/2010 |
ORDER
FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION. ORDER granting 151 Motion for
Price O. Gielen to Appear Pro Hac Vice for Sonja Kohn. (Signed by Judge
Richard M. Berman on 11/17/10) (db) (Entered: 11/17/2010) |
|
|
11/18/2010 |
NOTICE
OF APPEARANCE by Charles Joseph Keeley on behalf of Bank of Bermuda (Cayman)
Limited, Bank of Bermuda (Luxembourg) S.A., Bank of Bermuda Limited, HSBC
Holdings plc, HSBC Institutional Trust Services (Ireland) Ltd., HSBC
Securities Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A.
(Keeley, Charles) (Entered: 11/18/2010) |
|
|
11/18/2010 |
NOTICE
OF CHANGE OF ADDRESS by Lisa Jean Fried on behalf of Pricewaterhousecoopers
Bermuda. New Address: Hogan Lovells US LLP, 875 Third Avenue, New York, New
York, USA 10022, (212) 918-3000. (Fried, Lisa) (Entered: 11/18/2010) |
|
|
11/18/2010 |
NOTICE
OF CHANGE OF ADDRESS by Dennis H. Tracey, |
|
|
11/18/2010 |
NOTICE
OF CHANGE OF ADDRESS by Sanford M. Litvack on behalf of
Pricewaterhousecoopers Bermuda. New Address: Hogan Lovells US LLP, 875 Third
Avenue, New York, New York, USA 10022, (212) 918-3000. (Litvack, Sanford)
(Entered: 11/18/2010) |
|
|
11/19/2010 |
|
CLERK
CERTIFICATE OF MAILING RECEIVED for Summons & Consolidated Amended
Complaint mailed to Dr. Hans-Peter Tiefenbacher on 11/16/2010 by Registered
Mail # 8729 1237 2290, RECEIVED ON: 11/19/2010. As per Doc. #152. (jn)
(Entered: 11/19/2010) |
|
11/24/2010 |
|
CASHIERS
OFFICE REMARK on 144
Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 10/27/2010,
Receipt Number 919021. (jd) (Entered: 11/24/2010) |
|
12/09/2010 |
|
CASHIERS
OFFICE REMARK on 151
Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 11/12/2010,
Receipt Number 921215. (jd) (Entered: 12/09/2010) |
|
12/17/2010 |
159 |
RETURN
OF LETTERS ROGATORY from The Republic of Austria.(mro) (Entered: 12/17/2010) |
|
12/23/2010 |
ENDORSED
LETTER addressed to Judge Richard M. Berman from Timothy J. Burke, dated
12/22/2010, re: We represent Lead Plaintiff Repex Ventures. SA.
("Repex") in the above entitled consolidated securities class
action. We write to request that the Court hold a conference for two
contemplated motions at the January 10 Status Conference. The first motion is
for an order allowing plaintiffs to serve Defendant Sonja Kohn via service on
her attorney of record. Repex is being joined in this request by the other
Co-Lead Plaintiffs in the consolidated action, Dr. Shmuel Cabilly and Neville
Seymour Davis. ENDORSEMENT: Defendant Kohn or her attorney to respond by
1/5/11. We will discuss these issues at the 1/10/11 status conference. SO
ORDERED. (Signed by Judge Richard M. Berman on 12/23/2010) (lnl) (Entered:
12/23/2010) |
|
|
01/03/2011 |
SUMMONS
RETURNED EXECUTED Summons and Amended Complaint,,, served. Ernst & Young
Global Limited served on 10/13/2010, answer due 11/3/2010. Service was accepted
by Gillan Haselden, Officer. Document filed by Repex Ventures S.A. (Burke,
Timothy) (Entered: 01/03/2011) |
|
|
01/05/2011 |
NOTICE
OF APPEARANCE by Lisa Marie Mezzetti on behalf of Shmuel Cabilly (Mezzetti,
Lisa) (Entered: 01/05/2011) |
|
|
01/05/2011 |
NOTICE
of Voluntary Dismissal of Federal Securities Claims. Document filed by Shmuel
Cabilly. (Bunch, Stephen) (Entered: 01/05/2011) |
|
|
01/07/2011 |
SUMMONS
RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen)
(Entered: 01/07/2011) |
|
|
01/07/2011 |
SUMMONS
RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen)
(Entered: 01/07/2011) |
|
|
01/07/2011 |
NOTICE
OF APPEARANCE by Susan Leslie Saltzstein on behalf of Unicredit |
|
|
01/07/2011 |
NOTICE
OF APPEARANCE by Jason Christopher Vigna on behalf of Unicredit |
|
|
01/10/2011 |
|
Minute
Entry for proceedings held before Judge Richard M. Berman: Status Conference
held on 1/10/2011, Plaintiff to attempt to serve again Kohn ( Motions to
Amend due by 4/1/2011., Replies by plaintiff due by 9/30/2011., Responses by
defendant due by 6/29/2011, Sur replies by defendant due by 10/28/2011.).
(mbe) (Entered: 01/14/2011) |
|
01/19/2011 |
168 |
TRANSCRIPT
of proceedings held on 3/30/2010 before Judge Richard M. Berman. (mbe)
(Entered: 01/20/2011) |
|
01/20/2011 |
169 |
TRANSCRIPT
of proceedings held on 1/10/11 before Judge Richard M. Berman. (cd) (Entered:
01/20/2011) |
|
01/20/2011 |
SUMMONS
RETURNED EXECUTED. HSBC Holdings plc served on 12/21/2010, answer due
1/11/2011. Service was accepted by David Jenkins. Document filed by Repex
Ventures S.A. (Burke, Timothy) (Entered: 01/20/2011) |
|
|
01/24/2011 |
NOTICE
OF APPEARANCE by Michael P. Carroll on behalf of PriceWaterhouseCoopers LLP
(Carroll, Michael) (Entered: 01/24/2011) |
|
|
01/24/2011 |
NOTICE
OF APPEARANCE by James H.R. Windels on behalf of PriceWaterhouseCoopers LLP
(Windels, James) (Entered: 01/24/2011) |
|
|
01/24/2011 |
NOTICE
OF APPEARANCE by Michael S. Flynn on behalf of PriceWaterhouseCoopers LLP
(Flynn, Michael) (Entered: 01/24/2011) |
|
|
01/24/2011 |
NOTICE
OF APPEARANCE by James William Haldin on behalf of PriceWaterhouseCoopers LLP
(Haldin, James) (Entered: 01/24/2011) |
|
|
02/09/2011 |
RULE 7.1
CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by
Unicredit |
|
|
02/16/2011 |
SUMMONS
RETURNED EXECUTED Summons and Amended Complaint,,, served. Sonja Kohn served
on 2/7/2011, answer due 2/28/2011. Service was accepted by Sonja Kohn,
Defendant. Document filed by Repex Ventures S.A. (Burke, Timothy) (Entered:
02/16/2011) |
|
|
02/16/2011 |
SUMMONS
RETURNED EXECUTED Summons and Amended Complaint,,, served. Service was
accepted by Sonja Kohn, Defendant. Service was made by Mail. Document filed
by Repex Ventures S.A. (Burke, Timothy) (Entered: 02/16/2011) |
|
|
03/15/2011 |
WAIVER
OF SERVICE RETURNED EXECUTED. Sonja Kohn waiver sent on 3/8/2011, answer due
5/9/2011. Document filed by Neville Seymour Davis. (Bottini, Francis)
(Entered: 03/15/2011) |
|
|
03/18/2011 |
SUMMONS
RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen)
(Entered: 03/18/2011) |
|
|
03/18/2011 |
SUMMONS
RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen)
(Entered: 03/18/2011) |
|
|
03/21/2011 |
ENDORSED
LETTER addressed to Judge Richard M. Berman from Timothy Burke dated 3/17/11
re: No party will suffer prejudice if the Court rules on plaintiffs' motion
to amend prior to defendants filing their joint motion to dismiss.
ENDORSEMENT: A status conference is scheduled for 3/24/ |
|
|
03/23/2011 |
SUMMONS
RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen)
(Entered: 03/23/2011) |
|
|
03/23/2011 |
SUMMONS
RETURNED EXECUTED. Document filed by Shmuel Cabilly. (Bunch, Stephen)
(Entered: 03/23/2011) |
|
|
03/24/2011 |
SUMMONS
RETURNED EXECUTED Summons and Amended Complaint,,, served. Herald USA Fund
served on 9/17/2010, answer due 10/8/2010. Service was accepted by Siobhan
Hyland, Corporate Assistant, Maples & Calder. Document filed by Repex
Ventures S.A. (Burke, Timothy) (Entered: 03/24/2011) |
|
|
03/24/2011 |
|
Minute
Entry for proceedings held before Judge Richard M. Berman: Status Conference
held on 3/24/2011. Application to modify briefing schedule denied. See
transcript for complete record. (mbe) (Entered: 03/24/2011) |
|
03/24/2011 |
SUMMONS
RETURNED EXECUTED Summons and Amended Complaint,,, served. Herald Asset
Management Limited served on 9/24/2010, answer due 10/15/2010. Service was
accepted by Siobhan Hyland, Corporate Assistant, Maples & Calder.
Document filed by Repex Ventures S.A. (Burke, Timothy) (Entered: 03/24/2011) |
|
|
03/25/2011 |
NOTICE
OF APPEARANCE by Patricia M. Hynes on behalf of JP Morgan Chase & Co.
(Hynes, Patricia) (Entered: 03/25/2011) |
|
|
03/25/2011 |
NOTICE
OF APPEARANCE by Andrew Rhys Davies on behalf of JP Morgan Chase & Co.
(Davies, Andrew) (Entered: 03/25/2011) |
|
|
03/28/2011 |
NOTICE
OF APPEARANCE by Laura Rose Hall on behalf of JP Morgan Chase & Co.
(Hall, Laura) (Entered: 03/28/2011) |
|
|
03/28/2011 |
MEMO
ENDORSEMENT on re: Notice of Withdrawal of Anne K. Small as Counsel of Record
and Order. ENDORSEMENT: So Ordered. (Signed by Judge Richard M. Berman on
3/28/2011) (jfe) (Entered: 03/28/2011) |
|
|
03/29/2011 |
NOTICE
OF CHANGE OF ADDRESS by Laura Rose Hall on behalf of JP Morgan Chase &
Co.. New Address: Allen & Overy LLP, 1221 Avenue of the Americas, New
York, New York, USA 10020, (212) 610-6300. (Hall, Laura) (Entered:
03/29/2011) |
|
|
04/01/2011 |
JOINT
MOTION to Amend/Correct complaints. Document filed by Shmuel Cabilly,
Neville Seymour Davis, Repex Ventures S.A. (Attachments: # 1 Text of Proposed
Order)(Chang, Albert) (Entered: 04/01/2011) |
|
|
04/01/2011 |
MEMORANDUM
OF LAW in Support re: 191
JOINT MOTION to Amend/Correct complaints.. Document filed by Shmuel
Cabilly, Neville Seymour Davis, Repex Ventures S.A. (Chang, Albert) (Entered:
04/01/2011) |
|
|
04/01/2011 |
AFFIDAVIT
of Albert Y. Chang in Support re: 191 JOINT MOTION to
Amend/Correct complaints.. Document filed by Schmuel Cabilly, Neville
Seymour Davis, Repex Ventures S.A. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G1, # 8 Exhibit G2, # 9 Exhibit G3, # 10 Exhibit G4, # 11 Exhibit G5, # 12 Exhibit G6, # 13 Exhibit G7, # 14 Exhibit G8, # 15 Exhibit H, # 16 Exhibit
I)(Chang, Albert) (Entered: 04/02/2011) |
|
|
04/07/2011 |
194 |
TRANSCRIPT
of proceedings held on 3/24/2011 before Judge Richard M. Berman. (dnd)
(Entered: 04/08/2011) |
|
04/18/2011 |
ADMINISTRATIVE
ORDER. Counsel are directed to appear before the Court on April 26, 2011 at
10:30 a.m. in Courtroom 21B (21st floor), 500 Pearl Street, U.S. District
Courthouse for a conference, including the status of the Trustee's motion for
injunctive and related relief, filed April 8, 2011 in the United States
Bankruptcy Court. (Signed by Judge Richard M. Berman on 4/18/11) (djc)
(Entered: 04/18/2011) |
|
|
04/18/2011 |
|
Set
Deadlines/Hearings: Status Conference set for 4/26/2011 at 10:30 AM in
Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Richard M.
Berman. (djc) (Entered: 04/18/2011) |
|
04/19/2011 |
NOTICE
OF APPEARANCE by William R. Maguire on behalf of Ernst & Young (Cayman)
(Attachments: # 1
Affirmation of Service)(Maguire, William) (Entered: 04/19/2011) |
|
|
04/19/2011 |
NOTICE
OF APPEARANCE by Marc Alan Weinstein on behalf of Ernst & Young (Cayman)
(Attachments: # 1
Affirmation of Service)(Weinstein, Marc) (Entered: 04/19/2011) |
|
|
04/19/2011 |
NOTICE
OF APPEARANCE by Gabrielle Sean Marshall on behalf of Ernst & Young
(Cayman) (Attachments: # 1 Affirmation of
Service)(Marshall, Gabrielle) (Entered: 04/19/2011) |
|
|
04/19/2011 |
NOTICE
OF APPEARANCE by Kathryn Rebecca Vogel on behalf of Ernst & Young
(Cayman) (Attachments: # 1 Affirmation of
Service)(Vogel, Kathryn) (Entered: 04/19/2011) |
|
|
04/19/2011 |
NOTICE
OF APPEARANCE by Jennifer Greenberg on behalf of Karl E. Kaniak, Alberto
LaRocca, Declan Murray, Ursula Radel-Leszcynski, Hannes Saleta, Alfred Simon,
Johannes P. Spalek, Hans-Peter Tiefenbacher (Greenberg, Jennifer) (Entered:
04/19/2011) |
|
|
04/19/2011 |
NOTICE
OF APPEARANCE by Maria A. Barton on behalf of Karl E. Kaniak, Alberto
LaRocca, Declan Murray, Ursula Radel-Leszcynski, Hannes Saleta, Alfred Simon,
Johannes P. Spalek, Hans-Peter Tiefenbacher (Barton, Maria) (Entered:
04/19/2011) |
|
|
04/19/2011 |
NOTICE
OF APPEARANCE by Sarah Malke Lightdale on behalf of Karl E. Kaniak, Alberto
LaRocca, Declan Murray, Ursula Radel-Leszcynski, Hannes Saleta, Alfred Simon,
Johannes P. Spalek, Hans-Peter Tiefenbacher (Lightdale, Sarah) (Entered:
04/19/2011) |
|
|
04/20/2011 |
NOTICE
OF APPEARANCE by Mitchell Jay Auslander on behalf of William Fry (Auslander,
Mitchell) (Entered: 04/20/2011) |
|
|
04/20/2011 |
NOTICE OF
APPEARANCE by James C. Dugan on behalf of William Fry (Dugan, James)
(Entered: 04/20/2011) |
|
|
04/20/2011 |
NOTICE
OF APPEARANCE by Jacob David Zetlin-Jones on behalf of Pricewaterhousecoopers
International Ltd. (Zetlin-Jones, Jacob) (Entered: 04/20/2011) |
|
|
04/21/2011 |
ENDORSED
LETTER addressed to Judge Richard M. Berman from Oren J. Warshavsky dated
4/21/11 re: Counsel to the Trustee in this case notifies the Court that he is
willing to come to the April 26, 2011 conference to the extent that their
presence can be helpful or is otherwise desired by Your Honor. ENDORSEMENT:
Whether or not the Trustee appears is entirely up to the Trustee. (Signed by
Judge Richard M. Berman on 4/21/11); (djc) (Entered: 04/22/2011) |
|
|
04/25/2011 |
NOTICE
OF APPEARANCE by Jack Yoskowitz on behalf of Michael Wheaton (Yoskowitz,
Jack) (Entered: 04/25/2011) |
|
|
04/25/2011 |
NOTICE
OF APPEARANCE by Mandy Deroche on behalf of Michael Wheaton (Deroche, Mandy)
(Entered: 04/25/2011) |
|
|
04/26/2011 |
|
Minute
Entry for proceedings held before Judge Richard M. Berman: Status Conference
held on 4/26/2011. Briefing on parties motions to proceed as scheduled. (mbe)
(Entered: 04/27/2011) |
|
04/28/2011 |
TRANSCRIPT
of Proceedings re: CONFERENCE held on 3/24/11 before Judge Richard M. Berman.
Court Reporter/Transcriber: Rebecca Forman, (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 5/23/2011. Redacted Transcript Deadline set for 6/3/2011. Release
of Transcript Restriction set for 8/1/2011.(McGuirk, Kelly) (Entered:
04/28/2011) |
|
|
04/28/2011 |
NOTICE
OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official
transcript of a CONFERENCE proceeding held on 3/24/11 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...(McGuirk, Kelly) (Entered: 04/28/2011) |
|
|
05/04/2011 |
NOTICE
OF APPEARANCE by David Scott Flugman on behalf of Herald USA Fund (Flugman,
David) (Entered: 05/04/2011) |
|
|
05/04/2011 |
NOTICE
OF APPEARANCE by Joseph Serino, JR on behalf of Herald USA Fund (Serino,
Joseph) (Entered: 05/04/2011) |
|
|
05/06/2011 |
CERTIFICATE
OF SERVICE. Service was accepted by Alberto Benbassat. Document filed by
Neville Seymour Davis. (Linkh, Gregory) (Entered: 05/06/2011) |
|
|
05/06/2011 |
CERTIFICATE
OF SERVICE. Service was accepted by Genevalor Benbassat & Cie c/o Alberto
Benbassat. Document filed by Neville Seymour Davis. (Linkh, Gregory)
(Entered: 05/06/2011) |
|
|
05/09/2011 |
TRANSCRIPT
of Proceedings re: CONFERENCE held on 4/26/2011 before Judge Richard M.
Berman. Court Reporter/Transcriber: Alena Lynch, (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 6/3/2011. Redacted Transcript Deadline set for 6/13/2011. Release
of Transcript Restriction set for 8/11/2011.(McGuirk, Kelly) (Entered:
05/09/2011) |
|
|
05/09/2011 |
NOTICE
OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official
transcript of a Conference proceeding held on 4/26/11 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...(McGuirk, Kelly) (Entered: 05/09/2011) |
|
|
05/18/2011 |
CERTIFICATE
OF SERVICE. Service was accepted by Stephane Benbassat. Document filed by
Neville Seymour Davis. (Linkh, Gregory) (Entered: 05/18/2011) |
|
|
05/23/2011 |
NOTICE
OF CHANGE OF ADDRESS by Albert Yong Chang on behalf of Neville Seymour Davis.
New Address: Chapin Fitzgerald Sullivan & Bottini LLP, 550 West C Street,
Suite 2000, San Diego, CA, United States 92101, (619) 241-4810. (Chang,
Albert) (Entered: 05/23/2011) |
|
|
05/25/2011 |
ENDORSED
LETTER addressed to Judge Richard M. Berman from Timothy J. Burke dated
5/24/11 re: We represent Lead Plaintiff Repex Ventures, S.A.
("Repex") in the above-entitled consolidated securities class
action. We write in response to plaintiff Davis' May 23, 2011 letter
("Davis' Letter") claiming that Davis' motion to remove the
reference is related to certain other actions in this District, instead of
actually being related to the above-entitled action. Repex also writes to
request that the Court set a pre-motion conference for Repex's contemplated
motion under Rule of Civil Procedure 42 to consolidate five cases currently
before two different judges in this District. ENDORSEMENT: Any response to be
submitted in a brief (1-2 page letter) by 6/1/11. So ordered. (Signed by
Judge Richard M. Berman on 5/25/11) (rjm) (Entered: 05/26/2011) |
|
|
05/26/2011 |
NOTICE
OF APPEARANCE by Daniel DeCederfelt Adams on behalf of Karl E. Kaniak,
Alberto LaRocca, Declan Murray, Ursula Radel-Leszcynski, Hannes Saleta,
Alfred Simon, Johannes P. Spalek, Hans-Peter Tiefenbacher (Adams, Daniel)
(Entered: 05/26/2011) |
|
|
06/01/2011 |
ENDORSED
LETTER: addressed to Judge Richard M. Berman from Timothy J. Burke dated
5/31/2011 re: Counsel for plaintiff Repex Ventures S.A. request the
opportunity to provide a single written response to the various letters they
expect to be filed with the Court on or before June 1, 2011, per the Court's
Order (Dkt. #219). ENDORSEMENT: So Ordered. (Signed by Judge Richard M.
Berman on 6/1/11) (js) (Entered: 06/02/2011) |
|
|
06/03/2011 |
226 |
Letter
addressed to Judge Richard M. Berman from Albert Chang dated 5/25/11 re: In
response to Repex Ventures's 5/24/11 letter and that the Court deny Repex's
request for a conference. Document filed by Neville Seymour Davis.(cd)
(Entered: 06/08/2011) |
|
06/03/2011 |
227 |
Letter
addressed to Judge Richard M. Berman from Patricia Hynes dated 5/31/11 re: In
response to the 5/24/11 letter of Repex Ventures. Document filed by JP Morgan
Chase & Co.(cd) (Entered: 06/08/2011) |
|
06/06/2011 |
228 |
Letter
addressed to Judge Richard M. Berman from Marco E. Schnabl dated 6/1/11 re:
Counsel writes to express their view regarding the letter dated 5/24/11 from
counsel for lead plaintiff Repex Ventures S.A. requesting a pre-motion
conference. Document filed by Unicredit |
|
06/07/2011 |
NOTICE
OF APPEARANCE by Michael E. Wiles on behalf of Alberto Benbassat, Stephane
Benbassat, Gerald J.P. Brady, Genevalor, Benbassat & Cie, Daniel
Morrissey, David T. Smith, Thema Asset Management Limited, Thema
International Fund |
|
|
06/08/2011 |
|
Minute
Entry for proceedings held before Judge Richard M. Berman: Status Conference
held on 6/7/2011. Motion for partial settlement to be made by 6/17/11;
response due 6/30/11; reply due 7/11/11. See transcript of proceedings for a
complete record. (ft) Modified on 6/8/2011 (ft). (Entered: 06/08/2011) |
|
06/08/2011 |
ENDORSED
LETTER: addressed to Judge Richard M. Berman from Susan L. Saltzstein dated
6/6/2011 re: Counsel for defendant request that during the upcoming June 8,
2011 conference the Court allow Counsel to address the issues of scheduling
and page limits for the joint submission the defendants are preparing in
support of their motions to dismiss and in opposition to plaintiffs' April 1,
2011 motion for leave to amend their complaints further. ENDORSEMENT: No need
for any delay in briefing schedule, etc. in this case. See Court's rules for
page limits. Less is always more in these motions and 100 + pages is out of
the question. So Ordered. (Signed by Judge Richard M. Berman on 6/8/2011)
(js) (Entered: 06/08/2011) |
|
|
06/08/2011 |
ENDORSED
LETTER: addressed to Judge Richard M. Berman from Francis A. Bottini dated
6/7/2011 re: Counsel for Plaintiff writes to request a pre-motion conference
for Mr. Davis's Unopposed Motion for Preliminary Approval of Partial
settlement. Therefore, Counsel requests that Your Honor schedule a pre-motion
conference on the Preliminary Approval motion for June 8, 2011, and
thereafter consider transferring the motion to Judge Rakoff as related to
Picard v. Repex Ventures S.A.. No. 11-civ-3477(JSR) (S.D.N.Y.), and Picard v.
HSBC Bank Plc. No. 11 Civ 763 (JSR) (S.D.N.Y.). ENDORSEMENT: No need for
transfer. We can discuss at today's conference. So Ordered. (Signed by Judge
Richard M. Berman on 6/8/2011) (js) (Entered: 06/08/2011) |
|
|
06/08/2011 |
DECISION
|
|
|
06/14/2011 |
ORDER.
In light of the motions, pending before United States District Judges Jed S.
Rakoff and Colleen McMahon, to dismiss various actions brought by Irving H.
Picard, Esq. ("Trustee") for, among other reasons, alleged lack of
standing, see, e.g., Picard v. HSBC Bank |
|
|
06/14/2011 |
230 |
Letter
addressed to Judge Richard M. Berman from Oren J. Warshavsky dated 6/13/11
re: Counsel writes to seek a pre-motion conference. Document filed by Irving
H. Picard, Trustee for the Substantively Consolidated SIPA Liquidation of
Bernard L. Madoff Investment Securities LLC. and Bernard L. Madoff. (ft)
(Entered: 06/14/2011) |
|
06/17/2011 |
FILING
ERROR - DEFICIENT DOCKET ENTRY - ( |
|
|
06/17/2011 |
FILING
ERROR - DEFICIENT DOCKET ENTRY - ( |
|
|
06/17/2011 |
FILING
ERROR - DEFICIENT DOCKET ENTRY - ( |
|
|
06/21/2011 |
MOTION
to Approve Approval of Partial Settlement. Document filed by Neville Seymour
Davis. (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit A-4, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit
F-1)(Chang, Albert) (Entered: 06/21/2011) |
|
|
06/21/2011 |
MEMORANDUM
OF LAW in Support re: 234
MOTION to Approve Approval of Partial Settlement.. Document filed by Neville
Seymour Davis. (Chang, Albert) (Entered: 06/21/2011) |
|
|
06/21/2011 |
DECLARATION
of Neville Seymour Davis in Support re: 234 MOTION to
Approve Approval of Partial Settlement.. Document filed by Neville Seymour
Davis. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Chang,
Albert) (Entered: 06/21/2011) |
|
|
06/22/2011 |
TRANSCRIPT
of Proceedings re: Conference held on 6/8/2011 before Judge Richard M.
Berman. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300.
Transcript may be viewed at the court public terminal or purchased through
the Court Reporter/Transcriber before the deadline for Release of Transcript
Restriction. After that date it may be obtained through PACER. Redaction Request
due 7/18/2011. Redacted Transcript Deadline set for 7/28/2011. Release of
Transcript Restriction set for 9/23/2011.(McGuirk, Kelly) (Entered:
06/22/2011) |
|
|
06/22/2011 |
NOTICE
OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official
transcript of a Conference proceeding held on 6/8/2011 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...(McGuirk, Kelly) (Entered: 06/22/2011) |
|
|
06/24/2011 |
TRANSCRIPT
of Proceedings re: Conference held on 4/26/2011 before Judge Richard M.
Berman. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript
may be viewed at the court public terminal or purchased through the Court
Reporter/Transcriber before the deadline for Release of Transcript
Restriction. After that date it may be obtained through PACER. Redaction
Request due 7/18/2011. Redacted Transcript Deadline set for 7/28/2011.
Release of Transcript Restriction set for 9/26/2011.(McGuirk, Kelly)
(Entered: 06/24/2011) |
|
|
06/27/2011 |
TRANSCRIPT
of Proceedings re: Conference held on 6/8/2011 before Judge Richard M.
Berman. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300.
Transcript may be viewed at the court public terminal or purchased through
the Court Reporter/Transcriber before the deadline for Release of Transcript
Restriction. After that date it may be obtained through PACER. Redaction Request
due 7/21/2011. Redacted Transcript Deadline set for 8/1/2011. Release of
Transcript Restriction set for 9/29/2011.(McGuirk, Kelly) (Entered:
06/27/2011) |
|
|
06/27/2011 |
NOTICE
OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official
transcript of a Conference proceeding held on 6/8/2011 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...(McGuirk, Kelly) (Entered: 06/27/2011) |
|
|
06/29/2011 |
RULE 7.1
CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by JP
Morgan Chase & Co..(Hynes, Patricia) (Entered: 06/29/2011) |
|
|
06/29/2011 |
NOTICE
OF APPEARANCE by Keith Martin Fleischman on behalf of Unicredit |
|
|
06/29/2011 |
NOTICE
OF APPEARANCE by Hung G. Ta on behalf of Unicredit |
|
|
06/29/2011 |
RULE 7.1
CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Thema
International Fund |
|
|
06/29/2011 |
RULE 7.1
CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by
Genevalor, Benbassat & Cie.(Wiles, Michael) (Entered: 06/29/2011) |
|
|
06/29/2011 |
RULE 7.1
CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ernst
& Young Global Limited.(Luk, Arthur) (Entered: 06/29/2011) |
|
|
06/29/2011 |
RULE 7.1
CORPORATE DISCLOSURE STATEMENT. Identifying Genevalor, Benbassat & Cie as
Corporate Parent. Document filed by Thema Asset Management Limited.(Wiles,
Michael) (Entered: 06/29/2011) |
|
|
06/29/2011 |
RULE 7.1
CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by
Pricewaterhousecoopers Bermuda.(Litvack, Sanford) (Entered: 06/29/2011) |
|
|
06/29/2011 |
RULE 7.1
CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ernst
& Young S.A..(Martin, Richard) (Entered: 06/29/2011) |
|
|
06/29/2011 |
RULE 7.1
CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ernst
& Young (Cayman).(Marshall, Gabrielle) (Entered: 06/29/2011) |
|
|
06/29/2011 |
JOINT
MOTION to Dismiss. Document filed by Bank Austria Creditanstalt, Bank of
Bermuda (Cayman) Limited, Bank of Bermuda (Luxembourg) S.A., Bank of Bermuda
Limited, Alberto Benbassat, Stephane Benbassat, Gerald J.P. Brady, Ernst
& Young (Cayman), Ernst & Young Global Limited, Ernst & Young
S.A., Nigel H. Fielding, William Fry, Genevalor, Benbassat & Cie, HSBC
Holdings plc, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities
Services (Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A., Herald ( |
|
|
06/29/2011 |
JOINT
MEMORANDUM OF LAW in Support re: 252 JOINT MOTION to
Dismiss. and in Opposition to Plaintiffs' Motion for Leave to Amend
Complaints. Document filed by Bank Austria Creditanstalt, Bank of Bermuda
(Cayman) Limited, Bank of Bermuda (Luxembourg) S.A., Bank of Bermuda Limited,
Alberto Benbassat, Stephane Benbassat, Gerald J.P. Brady, Ernst & Young
(Cayman), Ernst & Young Global Limited, Ernst & Young S.A., Nigel H.
Fielding, William Fry, Genevalor, Benbassat & Cie, HSBC Holdings plc,
HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities Services
(Ireland) Ltd., HSBC Securities Services (Luxemburg) S.A., Herald ( |
|
|
06/29/2011 |
DECLARATION
of Patricia M. Hynes in Support re: 252 JOINT MOTION to
Dismiss.. Document filed by JP Morgan Chase & Co.. (Hynes, Patricia)
(Entered: 06/29/2011) |
|
|
06/29/2011 |
DECLARATION
of Joseph Serino, Jr. in Support re: 252 JOINT MOTION to
Dismiss.. Document filed by Herald USA Fund, Franco Mugnai, Friedrich
Pfeffer. (Serino, Joseph) (Entered: 06/29/2011) |
|
|
06/29/2011 |
RULE 7.1
CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by
PriceWaterhouseCoopers LLP.(Carroll, Michael) (Entered: 06/29/2011) |
|
|
06/29/2011 |
FILING
ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Marco E. Schnabl in Support
re: 252 JOINT
MOTION to Dismiss. Document filed by Pioneer Alternative Investment
Management Ltd., Pioneer Global Asset Management S.p.A., Unicredit |
|
|
06/29/2011 |
RULE 7.1
CORPORATE DISCLOSURE STATEMENT. Document filed by The Bank of New York
Mellon.(Liman, Lewis) (Entered: 06/29/2011) |
|
|
06/29/2011 |
DECLARATION
of Marc A. Weinstein in Support re: 252 JOINT MOTION to
Dismiss.. Document filed by Ernst & Young (Cayman). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Certificate of
Service)(Weinstein, Marc) (Entered: 06/29/2011) |
|
|
06/29/2011 |
RULE 7.1
CORPORATE DISCLOSURE STATEMENT. Identifying UniCredit S.p.A., as Corporate
Parent. Document filed by Pioneer Global Asset Management S.p.A..(Schnabl,
Marco) (Entered: 06/29/2011) |
|
|
06/29/2011 |
DECLARATION
of Lewis J. Liman in Support re: 252 JOINT MOTION to
Dismiss.. Document filed by The Bank of New York Mellon. (Liman, Lewis)
(Entered: 06/29/2011) |
|
|
06/29/2011 |
DECLARATION
of James C. Dugan in Support re: 252 JOINT MOTION to
Dismiss.. Document filed by William Fry. (Dugan, James) (Entered: 06/29/2011) |
|
|
06/29/2011 |
DECLARATION
of Ferdinand Burg, Joint Liquidator of Herald Lux Sicav in Support re: 252 JOINT MOTION to
Dismiss.. Document filed by Herald ( |
|
|
06/29/2011 |
FILING
ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Antony L. Ryan in Support re:
252 JOINT MOTION
to Dismiss. Document filed by PriceWaterhouseCoopers LLP,
Pricewaterhousecoopers (Dublin), Pricewaterhousecoopers Bermuda,
Pricewaterhousecoopers International Ltd.. (Attachments: # 1 Exhibit 1 - Declaration
of Mark Sanfey (Part 1 of 3), # 2 Exhibit 1 -
Declaration of Mark Sanfey (Part 2 of 3), # 3 Exhibit 1 -
Declaration of Mark Sanfey (Part 3 of 3), # 4 Exhibit 2 -
Declaration of Vincent MacMahon, # 5 Exhibit 3 -
Declaration of Anthony Weldon, # 6 Exhibit A to
Declaration of Anthony Weldon)(Ryan, Antony) Modified on 6/30/2011 (db).
(Entered: 06/29/2011) |
|
|
06/29/2011 |
DECLARATION
of Price O. Gielen in Support re: 252 JOINT MOTION to
Dismiss.. Document filed by Sonja Kohn. (Gielen, Price) (Entered: 06/29/2011) |
|
|
06/29/2011 |
RULE 7.1
CORPORATE DISCLOSURE STATEMENT. Identifying UniCredit S.p.A. as Corporate
Parent. Document filed by UniCredit Bank Austria AG.(Kortmansky, Jonathan)
(Entered: 06/29/2011) |
|
|
06/29/2011 |
DECLARATION
of Maria A. Barton in Support re: 252 JOINT MOTION to
Dismiss.. Document filed by Nigel H. Fielding, Karl E. Kaniak, Alberto
LaRocca, Declan Murray, Ursula Radel-Leszcynski, Hannes Saleta, Alfred Simon,
Johannes P. Spalek, Hans-Peter Tiefenbacher, Michael Wheaton. (Barton, Maria)
(Entered: 06/29/2011) |
|
|
06/29/2011 |
DECLARATION
of Franklin B. Velie in Support re: 252 JOINT MOTION to
Dismiss.. Document filed by UniCredit Bank Austria AG. (Velie, Franklin)
(Entered: 06/29/2011) |
|
|
06/29/2011 |
RULE 7.1
CORPORATE DISCLOSURE STATEMENT. Document filed by Bank of Bermuda (Cayman)
Limited, Bank of Bermuda (Luxembourg) S.A., Bank of Bermuda Limited, HSBC
Holdings plc, HSBC Institutional Trust Services (Ireland) Ltd., HSBC
Securities Services (Ireland) Ltd., HSBC Securities Services (Luxemburg)
S.A., HSBC Bank USA, N.A., as a proposed defendant.(Davis, Evan) (Entered:
06/29/2011) |
|
|
06/29/2011 |
RULE 7.1
CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by
Pricewaterhousecoopers International Ltd..(Hunter, Fraser) (Entered:
06/29/2011) |
|
|
06/29/2011 |
DECLARATION
of Evan A. Davis in Support of the HSBC Defendants' Motion to Dismiss, Dated
June 29, 2011 Re 252
. Document filed by Bank of Bermuda (Cayman) Limited, Bank of Bermuda
(Luxembourg) S.A., Bank of Bermuda Limited, HSBC Bank USA, N.A., as a
proposed defendant, HSBC Holdings plc, HSBC Institutional Trust Services
(Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Securities
Services (Luxemburg) S.A.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 2-A, # 4 Exhibit 2-B, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 4-A, # 8 Exhibit 5, # 9 Exhibit 5-A, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Exhibit 9, # 14 Exhibit 10, # 15 Exhibit 11, # 16 Certificate of
Service)(Davis, Evan) (Entered: 06/29/2011) |
|
|
06/29/2011 |
DECLARATION
of Michael E. Wiles in Support re: 252 JOINT MOTION to
Dismiss.. Document filed by Alberto Benbassat, Stephane Benbassat, Gerald
J.P. Brady, Genevalor, Benbassat & Cie, Daniel Morrissey, David T. Smith,
Thema Asset Management Limited, Thema International Fund |
|
|
06/29/2011 |
|
***NOTE
TO ATTORNEY TO RE- |
|
06/29/2011 |
|
***NOTE
TO ATTORNEY TO RE- |
|
06/30/2011 |
RULE 7.1
CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by
Pricewaterhousecoopers (Dublin).(Ryan, Antony) (Entered: 06/30/2011) |
|
|
06/30/2011 |
DECLARATION
of Antony L. Ryan in Support re: 252 JOINT MOTION to
Dismiss.. Document filed by PriceWaterhouseCoopers LLP,
Pricewaterhousecoopers (Dublin), Pricewaterhousecoopers Bermuda,
Pricewaterhousecoopers International Ltd.. (Attachments: # 1 Exhibit 1 (Part 1
of 3), # 2
Exhibit 1 (Part 2 of 3), # 3 Exhibit 1 (Part 3
of 3), # 4
Exhibit 2, # 5
Exhibit 3, # 6
Exhibit A)(Ryan, Antony) (Entered: 06/30/2011) |
|
|
06/30/2011 |
DECLARATION
of Marco E. Schnabl in Support re: 252 JOINT MOTION to
Dismiss.. Document filed by Pioneer Alternative Investment Management Ltd.,
Pioneer Global Asset Management S.p.A., Unicredit |
|
|
06/30/2011 |
ORDER
ADMITTING ATTORNEY PRO HAC VICE. Attorney James I Jaconette for Herald Asset
Management Limited admitted Pro Hac Vice as counsel for Lead Plaintiff in the
above-captioned case in the United States District Court for the Southern
District of New York. Additional relief as set forth in this Order.. (Signed
by Judge Richard M. Berman on 6/30/11) (pl) Modified on 6/30/2011 (pl).
(Entered: 06/30/2011) |
|
|
06/30/2011 |
MEMORANDUM
OF LAW in Opposition re: 234 MOTION to
Approve Approval of Partial Settlement.. Document filed by Repex Ventures
S.A. (Burke, Timothy) (Entered: 06/30/2011) |
|
|
06/30/2011 |
DECLARATION
of Timothy J. Burke in Opposition re: 234 MOTION to
Approve Approval of Partial Settlement.. Document filed by Repex Ventures
S.A. (Attachments: # 1
Exhibit 1, # 2
Exhibit 2, # 3
Exhibit 3, # 4
Exhibit 4)(Burke, Timothy) (Entered: 06/30/2011) |
|
|
06/30/2011 |
RESPONSE
in Opposition re: 234
MOTION to Approve Approval of Partial Settlement. / Objection by Certain
Defendants to Motion for Preliminary Approval of Partial Settlement, filed on
behalf of Alberto Benbassat, Stephane Benbassat, Gerald J.P. Brady,
Genevalor, Benbassat & Cie, Daniel Morrissey, David T. Smith, Thema Asset
Management Limited, Thema International Fund plc, PricewaterhouseCoopers
Ireland, PricewaterhouseCoopers LLP, PricewaterhouseCoopers, Chartered
Accountants, a Bermuda partnership, PricewaterhouseCoopers International
Limited, William Fry, JPMorgan Chase & Co. and UniCredit S.p.A..
Document filed by Alberto Benbassat, Stephane Benbassat, Gerald J.P. Brady,
Genevalor, Benbassat & Cie, Daniel Morrissey, David T. Smith, Thema Asset
Management Limited, Thema International Fund |
|
|
06/30/2011 |
JOINDER
to join re: 279
Response in Opposition to Motion,,, UniCredit S.p.A.. Document filed
by Unicredit |
|
|
06/30/2011 |
DECLARATION
of Michael E. Wiles in Opposition re: 234 MOTION to
Approve Approval of Partial Settlement.. Document filed by Alberto Benbassat,
Stephane Benbassat, Gerald J.P. Brady, Genevalor, Benbassat & Cie, Daniel
Morrissey, David T. Smith, Thema Asset Management Limited, Thema
International Fund |
|
|
06/30/2011 |
MOTION
for James I. Jaconette to Appear Pro Hac Vice. Document filed by Neville
Seymour Davis.(pgu) (Entered: 07/06/2011) |
|
|
06/30/2011 |
MOTION
for Keith F. Park to Appear Pro Hac Vice. Document filed by Neville Seymour
Davis.(pgu) (Entered: 07/06/2011) |
|
|
07/06/2011 |
ORDER
ADMITTING ATTORNEY PRO HAC VICE. Attorney Keith Farmer Park for Schmuel
Cabilly, Keith Farmer Park for Shmuel Cabilly admitted Pro Hac Vice. (Signed
by Judge Richard M. Berman on 7/5/11) (laq) (Entered: 07/06/2011) |
|
|
07/08/2011 |
ORDER
granting 283
Motion for James I. Jaconette to Appear Pro Hac Vice for Lead Plaintiffs..
(Signed by Judge Richard M. Berman on 7/7/11) (cd) (Entered: 07/08/2011) |
|
|
07/08/2011 |
RULE 7.1
CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Herald
USA Fund.(Serino, Joseph) (Entered: 07/08/2011) |
|
|
07/11/2011 |
REPLY
re: 234 MOTION
to Approve Approval of Partial Settlement. /HSBC Defendants' Reply to
Objections to Preliminary Approval of Partial Settlement, dated July 11, 2011.
Document filed by HSBC Bank USA, N.A., as a proposed defendant, HSBC Holdings
plc, HSBC Institutional Trust Services (Ireland) Ltd., HSBC Securities
Services (Ireland) Ltd.. (Attachments: # 1 Certificate of
Service)(Davis, Evan) (Entered: 07/11/2011) |
|
|
07/11/2011 |
DECLARATION
of Evan A. Davis, dated July 11, 2011 re: 234 MOTION to
Approve Approval of Partial Settlement.. Document filed by HSBC Bank USA,
N.A., as a proposed defendant, HSBC Holdings plc, HSBC Institutional Trust
Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd..
(Attachments: # 1
Certificate of Service)(Davis, Evan) (Entered: 07/11/2011) |
|
|
07/11/2011 |
REPLY
MEMORANDUM OF LAW in Support re: 234 MOTION to
Approve Approval of Partial Settlement.. Document filed by Neville Seymour
Davis. (Bottini, Francis) (Entered: 07/11/2011) |
|
|
07/11/2011 |
DECLARATION
of Francis A. Bottini, Jr. in Support re: 234 MOTION to
Approve Approval of Partial Settlement.. Document filed by Neville Seymour
Davis. (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Ex.
2)(Bottini, Francis) (Entered: 07/11/2011) |
|
|
07/15/2011 |
ORDER:
Status Conference set for 7/21/2011 at 09:15 AM in Courtroom 21B, 500 Pearl
Street, New York, NY 10007 before Judge Richard M. Berman. We will discuss
briefly the recent letters submitted to the Court in relation to Plaintiff
Neville Seymour Davis's motion, dated 6/17/2011 [#234], for preliminary
approval of partial settlement. (Signed by Judge Richard M. Berman on
7/15/2011) (tro) (Entered: 07/18/2011) |
|
|
07/15/2011 |
ENDORSED
LETTER addressed to Judge Richard M. Berman from Michael E. Wiles dated
7/13/2011 re: Counsel for Thelma International Fund plc writes to raise three
points in connection with the pending motion by Mr. Davis for preliminary
approval of a settlement stipulation with defendants HSBC Institutional Trust
Services (Ireland) Limited, HSBC Securities Services (Ireland) Limited, HSBC
Holdings plc and HSBC Bank USA, N.A. ENDORSEMENT: It would be helpful to have
the Irish court pleadings since they appear to pertain to this settlement. No
need for a sur-reply at this time. (Signed by Judge Richard M. Berman on
7/15/2011) (tro) (Entered: 07/18/2011) |
|
|
07/18/2011 |
293 |
Letter
addressed to Judge Richard M. Berman from Francis A. Bottini, Jr. dated
6/30/2011 re: Counsel for lead plaintiff Neville Seymour Davis writes to
inform the Court the following defendants Thema Benbassats' have engaged in
unauthorized communications. Mr. Davis intends to move for an order enjoining
Thema's and the Benbassats' unauthorized communications regarding the
Settlement; compelling Thema and the Benbassats to produce a copy of all
communications they have sent to class members regarding the Settlement; and
requiring Thema and the Benbassats to pay the cost of any ameliorative notice
to Thema Class members. Document filed by Neville Seymour Davis.(lmb)
(Entered: 07/18/2011) |
|
07/18/2011 |
294 |
Letter
addressed to Judge Richard M. Berman from Francis A. Bottini, Jr. dated
6/17/2011 re: Mr. Davis requests that the Court grant his request to file
Exhibit E under seal. Document filed by Neville Seymour Davis.(lmb) (Entered:
07/18/2011) |
|
07/18/2011 |
295 |
Letter
addressed to Judge Richard M. Berman from Timothy J. Burke dated 7/6/2011 re:
request for a pre-motion conference for Repex's anticipated motion for an
order that either defendant HSBC or Lead Plaintiff for investors in the Thema
Fund, Neville Seymour Davis, produce a copy of the so-called
"confirmatory discovery", described in Paragraph K of the
Stipulation and Partial Settlement between Davis and HSBC. Document filed by
HSBC Holdings plc, HSBC Securities Services (Ireland) Ltd.(lmb) (Entered:
07/18/2011) |
|
07/18/2011 |
296 |
Letter
addressed to Judge Richard M. Berman from Evan A. Davis dated 7/11/2011 re:
request that oral argument on the motion for preliminary approval of the
settlement be heard before July 25, 2011, if convenient for the Court.
Document filed by HSBC Holdings plc, HSBC Securities Services (Ireland)
Ltd.(lmb) (Entered: 07/18/2011) |
|
07/21/2011 |
|
Minute
Entry for proceedings held before Judge Richard M. Berman: Status Conference
held on 7/21/2011. Court reporter Kristen Carannante present. See transcript
of proceedings held for a complete record. (mro) (Entered: 07/21/2011) |
|
07/21/2011 |
|
CASHIERS
OFFICE REMARK on 284
Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 06/30/2011,
Receipt Number 10541. (jd) (Entered: 07/21/2011) |
|
07/21/2011 |
|
CASHIERS
OFFICE REMARK on 283
Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 06/30/2011,
Receipt Number 10557. (jd) (Entered: 07/21/2011) |
|
07/29/2011 |
ORDER,
The Court is interested in hearing whether Plaintiff Neville Seymour Davis
("Davis") and Defendants HSBC Holdings pie, HSBC Securities
Services (Ireland) Ltd., HSBC Institutional Trust Services (Ireland) Ltd.,
and proposed defendant HSBC Bank USA, N.A. (collectively, "HSBC
Defendants") are willing and able to revise the proposed Stipulation and
Agreement of Partial Settlement, dated June 7, 2011 ("Proposed
Settlement"), so that it is considerably less conditional than
currently. The Court is open to a further conference or Davis and the HSBC
Defendants can advise the Court by joint letter on or before Wednesday,
August 10, 2011 whether these conditions may be modified. (Signed by Judge
Richard M. Berman on 7/29/11) (pl) (Entered: 07/29/2011) |
|
|
08/04/2011 |
TRANSCRIPT
of Proceedings re: argument held on 7/21/2011 before Judge Richard M. Berman.
Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300. Transcript
may be viewed at the court public terminal or purchased through the Court
Reporter/Transcriber before the deadline for Release of Transcript
Restriction. After that date it may be obtained through PACER. Redaction
Request due 8/29/2011. Redacted Transcript Deadline set for 9/8/2011. Release
of Transcript Restriction set for 11/7/2011.(McGuirk, Kelly) (Entered:
08/04/2011) |
|
|
08/04/2011 |
NOTICE
OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official
transcript of a argument proceeding held on 7/21/11 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...(McGuirk, Kelly) (Entered: 08/04/2011) |
|
|
08/04/2011 |
MOTION
for Patrice L. Bishop to Appear Pro Hac Vice. Document filed by Repex
Ventures S.A.(pgu) (Entered: 08/04/2011) |
|
|
08/05/2011 |
ORDER
FOR ADMISSION OF PATRICE L. BISHOP PRO HAC VICE ON WRITTEN MOTION: granting 300 Motion for
Patrice L. Bishop to Appear Pro Hac Vice as counsel for Lead Plaintiff Repex
Ventures S.A. (Signed by Judge Richard M. Berman on 8/5/2011) (mbe) (Entered:
08/05/2011) |
|
|
08/12/2011 |
Letter
addressed to Judge Berman from Evan A. Davis dated August 11, 2011 re:
Jointly advising the Court of modifications to the Settlement. Document filed
by Neville Seymour Davis, HSBC Holdings plc, HSBC Institutional Trust
Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC
Securities Services (Luxemburg) S.A., HSBC Securities Services, S.A. [See
document # 234, MOTION to Approve Approval of Partial Settlement. Document
filed by Neville Seymour Davis. (Attachments: # 1 Exhibit A, # 2 Exhibit A-1,
# 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit A-4, # 6 Exhibit B, # 7 Exhibit
C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F-1)(Chang, Albert) (Entered:
06/21/2011)] (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit A-3, # 4 Exhibit B, # 5 Exhibit C)(ad)
(Entered: 08/12/2011) |
|
|
08/12/2011 |
ORDER,
that if, in light of the Amended and Restated Stipulation and Agreement of
Partial Settlement, entered into on August 11, 2011 between Neville Seymour
Davis ("Davis") and HSBC Holdings plc, HSBC Securities Services
(Ireland) Ltd., HSBC Institutional Trust Services (Ireland) Ltd., and HSBC
Bank USA, N.A. [# 302], any party wishes to supplement its previous written
submission relating to Davis's motion for preliminary approval of the
Settlement, dated June 17, 2011 [# 234}, it may do so in a letter submission
of up to 5 pages (double spaced) served and hand delivered to the Court on or
before Friday, August 19, 2011 (noon). (Signed by Judge Richard M. Berman on
8/12/11) (pl) Modified on 8/12/2011 (pl). (Entered: 08/12/2011) |
|
|
08/12/2011 |
|
***DELETED
DOCUMENT. Deleted document number 304 ORDER. The document was incorrectly
filed in this case. (ae) (Entered: 08/19/2011) |
|
08/23/2011 |
304 |
Letter
addressed to Judge Richard M. Berman from Thomas G. Rafferty dated 8/19/2011
re: Counsel for the defendant requests that the Motion for Preliminary
Approval of the proposed settlement in its current form be denied, or that
the Court schedule a hearing on the motion at which PwC Ireland may present
its objection. Document filed by Pricewaterhousecoopers (Dublin). (ft)
(Entered: 08/24/2011) |
|
08/23/2011 |
305 |
Letter
addressed to Judge Richard M. Berman from Evan A. Davis dated 8/18/11 re:
Counsel for the HSBC defendants write to supplement their previous
submissions in support of the motion for preliminary approval of the
settlement, pursuant to the Court's Order of 8/12/11. Document filed by HSBC
Holdings plc, HSBC Institutional Trust Services (Ireland) Ltd., HSBC
Securities Services (Ireland) Ltd., HSBC Securities Services (Luxemburg)
S.A.(mro) (Entered: 08/25/2011) |
|
08/23/2011 |
|
LETTER:
addressed to Judge Richard M. Berman from Jarlath Ryan dated 8/19/2011 re:
Based on the foregoing and our prior submissions, Counsel writes on behalf of
lead plaintiff requests that the Court grant Mr. Davis's pending motion and
order notice to be sent to the class. (js) (Entered: 08/26/2011) |
|
08/23/2011 |
306 |
LETTER:
addressed to Judge Richard M. Berman from Michael E. Wiles dated 8/19/2011
re: Counsel writes on behalf of thema International Fund Plc and certain
other defendants. Counsel have the following comments on the amended
settlement papers filed by Plaintiff Neville Seymour Davis and various HSBC
entities.. (js) (Entered: 08/26/2011) |
|
08/23/2011 |
308 |
Letter
addressed to Judge Richard M. Berman from Michael E. Wiles dated 8/19/2011
re: I am writing on behalf of Thema International Fund plc
("Thema") and certain other defendants. We have comments on the
amended settlement papers filed by Plaintiff Neville Seymour Davis
("Davis") and various HSBC entities (collectively,
"HSBC"). (lmb) Modified on 8/30/2011 (lmb). (Entered: 08/30/2011) |
|
08/23/2011 |
309 |
Letter
addressed to Judge Richard M. Berman from Michael E. Wiles dated 8/19/2011
re: I understand that our submission did not arrive at the Court prior to the
noon deadline mentioned in the Court's order and I also understand that our
submission failed to include the attachment that was referenced. I apologize
for any inconvenience this has caused and I ask the Court to accept this
filing and to excuse our errors in getting the complete package to the Court.
(lmb) Modified on 8/30/2011 (lmb). (Entered: 08/30/2011) |
|
08/24/2011 |
|
CASHIERS
OFFICE REMARK on 300
Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 08/04/2011,
Receipt Number 1013247. (jd) (Entered: 08/24/2011) |
|
08/26/2011 |
307 |
Letter
addressed to Judge Richard M. Berman from Evan A. Davis dated 8/22/2011 re: I
respectfully request leave to submit this letter on behalf of the HSBC
Defendants in brief response to certain new arguments made in the letters of
August 19, 2011, on behalf of Thema International Fund plc
("Thema"), PricewaterhouseCoopers Ireland ("PwC Ireland")
and the other defendants that have objected to the motion for preliminary
approval of the Settlement. Document filed by HSBC Holdings plc, HSBC
Institutional Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland)
Ltd., HSBC Securities Services (Luxemburg) S.A.(lmb) (Entered: 08/30/2011) |
|
09/02/2011 |
ORDER:
The parties are hereby directed to appear before the Court for a brief
conference on Wednesday, September 7, 2011 at 3:00 p.m., in Courtroom 21B of
the United States Courthouse, 500 Pearl Street, New York, New York. ( Status
Conference set for 9/7/2011 at 03:00 PM before Judge Richard M. Berman.)
(Signed by Judge Richard M. Berman on 9/1/2011) (mro) (Entered: 09/02/2011) |
|
|
09/06/2011 |
|
Minute
Entry for proceedings held before Magistrate Judge Henry B. Pitman: Discovery
Hearing held on 9/6/2011. Order to follow. (mro) (Entered: 09/06/2011) |
|
09/06/2011 |
311 |
Letter
addressed to Judge Richard M. Berman from Matthew B. Harris dated 8/26/2011
re: Counsel writes to provide documents that set forth Thema's claims in the
proceedings before the High Court in Ireland. (ft) (Entered: 09/06/2011) |
|
09/07/2011 |
DECISION
& ORDER denying 234
Motion to Approve Approval of Partial Settlement. Having reviewed the record
herein and applicable legal authorities and heard orally from the parties on
several occasions including today, the Court hereby respectfully denies the
motion, filed June 21, 2011 by Lead Plaintiff Neville Seymour Davis
("Davis"). The motion seeks preliminary approval of partial
settlement of one of three purported class actions pending before the Court.
The Court concludes (as will be set forth in greater detail in a written
opinion in the next seven to ten days) that the proposed settlement
agreement, entered into on June 7, 2011 and amended on August 11, 2011
("Proposed Partial Settlement") between Davis and Defendants HSBC
Institutional Trust Services (Ireland) Ltd., HSBC Securities Services
(Ireland) Ltd., HSBC Holdings |
|
|
09/07/2011 |
|
Minute
Entry for proceedings held before Judge Richard M. Berman: Status Conference
held on 9/7/2011. See transcript and decision and order rendered. (ft)
(Entered: 09/21/2011) |
|
09/08/2011 |
ORDER:
that plaintiffs' application to compel discovery is denied. (Signed by
Magistrate Judge Henry B. Pitman on 9/7/2011) (ft) (Entered: 09/08/2011) |
|
|
09/12/2011 |
TRANSCRIPT
of Proceedings re: court conference held on 9/6/2011 before Magistrate Judge
Henry B. Pitman. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973.
Transcript may be viewed at the court public terminal or purchased through
the Court Reporter/Transcriber before the deadline for Release of Transcript
Restriction. After that date it may be obtained through PACER. Redaction
Request due 10/6/2011. Redacted Transcript Deadline set for 10/17/2011.
Release of Transcript Restriction set for 12/15/2011.(laq) (Entered:
09/13/2011) |
|
|
09/12/2011 |
NOTICE
OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official
transcript of a court conference proceeding held on 9/6/2011 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...(laq) (Entered: 09/13/2011) |
|
|
09/13/2011 |
TRANSCRIPT
of Proceedings re: Conference held on 8/12/2011 before Judge Richard M.
Berman. Court Reporter/Transcriber: Pamela Utter, (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 10/7/2011. Redacted Transcript Deadline set for 10/17/2011.
Release of Transcript Restriction set for 12/15/2011.(McGuirk, Kelly)
(Entered: 09/13/2011) |
|
|
09/13/2011 |
NOTICE
OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official
transcript of a Conference proceeding held on 8/12/11 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...(McGuirk, Kelly) (Entered: 09/13/2011) |
|
|
09/15/2011 |
DECISION
& ORDER: For the reasons set forth above, Davis's motion for preliminary
approval of the (Revised) Proposed Partial Settlement [#234] is respectfully
denied without prejudice. (Signed by Judge Richard M. Berman on 9/15/2011)
(djc) (Entered: 09/15/2011) |
|
|
09/16/2011 |
TRANSCRIPT
of Proceedings re: Conference held on 9/7/2011 before Judge Richard M.
Berman. Court Reporter/Transcriber: Karen Gorlaski, (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 10/10/2011. Redacted Transcript Deadline set for 10/20/2011.
Release of Transcript Restriction set for 12/19/2011.(McGuirk, Kelly)
(Entered: 09/16/2011) |
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09/16/2011 |
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...(McGuirk, Kelly) (Entered: 09/16/2011) |
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09/26/2011 |
TRANSCRIPT
of Proceedings re: Conference held on 9/7/2011 before Judge Richard M. Berman.
Court Reporter/Transcriber: Karen Gorlaski, (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 10/20/2011. Redacted Transcript Deadline set for 10/31/2011.
Release of Transcript Restriction set for 12/29/2011.(McGuirk, Kelly)
(Entered: 09/26/2011) |
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09/26/2011 |
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...(McGuirk, Kelly) (Entered: 09/26/2011) |
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09/30/2011 |
MEMORANDUM
OF LAW in Opposition re: 252 JOINT MOTION to
Dismiss.. Document filed by Shmuel Cabilly, Neville Seymour Davis, Repex
Ventures S.A. (Bunch, Stephen) (Entered: 09/30/2011) |
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09/30/2011 |
DECLARATION
of S. Douglas Bunch in Opposition re: 252 JOINT MOTION to
Dismiss.. Document filed by Shmuel Cabilly, Neville Seymour Davis, Repex
Ventures S.A. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Bunch,
Stephen) (Entered: 09/30/2011) |
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09/30/2011 |
DECLARATION
of Jarlath Ryan in Opposition re: 252 JOINT MOTION to
Dismiss.. Document filed by Shmuel Cabilly, Neville Seymour Davis, Repex
Ventures S.A. (Bunch, Stephen) (Entered: 09/30/2011) |
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09/30/2011 |
DECLARATION
of Michel Molitor in Opposition re: 252 JOINT MOTION to
Dismiss.. Document filed by Shmuel Cabilly, Neville Seymour Davis, Repex
Ventures S.A. (Attachments: # 1 Exhibit 1)(Bunch,
Stephen) (Entered: 09/30/2011) |
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09/30/2011 |
DECLARATION
of Thomas Lowe QC in Opposition re: 252 JOINT MOTION to
Dismiss.. Document filed by Shmuel Cabilly, Neville Seymour Davis, Repex
Ventures S.A. (Attachments: # 1 Exhibit A, # 2 Exhibit TL1 Part
1, # 3 Exhibit
TL1 Part 2)(Bunch, Stephen) (Entered: 09/30/2011) |
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10/03/2011 |
NOTICE
OF CHANGE OF ADDRESS by Keith Martin Fleischman on behalf of Unicredit |
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10/24/2011 |
TRANSCRIPT
of Proceedings re: Conference held on 9/7/2011 before Judge Richard M.
Berman. Court Reporter/Transcriber: Karen Gorlaski, (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 11/17/2011. Redacted Transcript Deadline set for 11/28/2011.
Release of Transcript Restriction set for 1/25/2012.(McGuirk, Kelly)
(Entered: 10/24/2011) |
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10/24/2011 |
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...(McGuirk, Kelly) (Entered: 10/24/2011) |
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10/24/2011 |
TRANSCRIPT
of Proceedings re: Conference held on 8/12/2011 before Judge Richard M.
Berman. Court Reporter/Transcriber: Pamela Utter, (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 11/17/2011. Redacted Transcript Deadline set for 11/28/2011.
Release of Transcript Restriction set for 1/25/2012.(McGuirk, Kelly)
(Entered: 10/24/2011) |
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10/24/2011 |
NOTICE
OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official
transcript of a Conference proceeding held on 8/12/2011 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...(McGuirk, Kelly) (Entered: 10/24/2011) |
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10/28/2011 |
REPLY
MEMORANDUM OF LAW in Support re: 252 JOINT MOTION to
Dismiss. and in Opposition to Plaintiffs' Motion for Leave To Amend
Complaints. Document filed by Bank Austria Creditanstalt, Bank of Bermuda
(Cayman) Limited, Bank of Bermuda (Luxembourg) S.A., Bank of Bermuda Limited,
Alberto Benbassat, Stephane Benbassat, Gerald J.P. Brady, Ernst & Young
(Cayman), Ernst & Young Global Limited, Ernst & Young S.A., Nigel H.
Fielding, William Fry, Genevalor, Benbassat & Cie, HSBC Bank USA, N.A.,
as a proposed defendant, HSBC Holdings plc, HSBC Institutional Trust Services
(Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Securities
Services (Luxemburg) S.A., Herald ( |
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10/28/2011 |
REPLY to
Response to Motion re: 252 JOINT MOTION to
Dismiss. Reply Declaration of Patricia M. Hynes on Behalf of JPMorgan
Chase & Co., JPMorgan Chase Bank, N.A., J.P. Morgan Securities LLC and
J.P. Morgan Securities Ltd.. Document filed by JP Morgan Chase & Co..
(Hynes, Patricia) (Entered: 10/28/2011) |
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10/28/2011 |
REPLY to
Response to Motion re: 252 JOINT MOTION to
Dismiss. Reply Declaration of Joseph Serino, Jr.. Document filed by
Herald USA Fund, Franco Mugnai, Friedrich Pfeffer. (Serino, Joseph) (Entered:
10/28/2011) |
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10/28/2011 |
REPLY to
Response to Motion re: 252 JOINT MOTION to
Dismiss. Reply Declaration of Marc A. Weinstein in Further Support of the
Ernst & Young Defendant's Motion to Dismiss the Complaints and in
Opposition to Plaintiffs' Motion for Leave to Amend the Complaints.
Document filed by Ernst & Young (Cayman). (Attachments: # 1 Exhibit
A)(Weinstein, Marc) (Entered: 10/28/2011) |
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10/28/2011 |
REPLY to
Response to Motion re: 252 JOINT MOTION to
Dismiss. Reply Declaration of James C. Dugan on Behalf of William Fry.
Document filed by William Fry. (Dugan, James) (Entered: 10/28/2011) |
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10/28/2011 |
CERTIFICATE
OF SERVICE. Document filed by Ernst & Young (Cayman). (Weinstein, Marc)
(Entered: 10/28/2011) |
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10/28/2011 |
REPLY
AFFIRMATION of Franklin B. Velie in Support re: 252 JOINT MOTION to
Dismiss.. Document filed by UniCredit Bank Austria AG. (Velie, Franklin)
(Entered: 10/28/2011) |
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10/28/2011 |
REPLY to
Response to Motion re: 252 JOINT MOTION to
Dismiss. Reply Declaration of Brett S. Moore In Further Support of Herald
Lux's Motion to Dismiss. Document filed by Herald ( |
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10/28/2011 |
REPLY to
Response to Motion re: 252 JOINT MOTION to
Dismiss. ("Supplemental Attorney Declaration of Antony L. Ryan in
Further Support of the PwC Defendants' Motion to Dismiss"). Document
filed by PriceWaterhouseCoopers LLP, Pricewaterhousecoopers (Dublin), Pricewaterhousecoopers
Bermuda, Pricewaterhousecoopers International Ltd.. (Attachments: # 1 Exhibit 1)(Ryan,
Antony) (Entered: 10/28/2011) |
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10/28/2011 |
DECLARATION
of Lewis J. Liman re: 333
Reply Memorandum of Law in Support of Motion,,,,, 252 JOINT MOTION to
Dismiss.. Document filed by The Bank of New York Mellon. (Liman, Lewis)
(Entered: 10/28/2011) |
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10/28/2011 |
DECLARATION
of Evan A. Davis in Support of the HSBC Defendants' Reply in Further Support
of the Motion to Dismiss re: 333 Reply Memorandum
of Law in Support of Motion,,,,, 252 JOINT MOTION to
Dismiss.. Document filed by Bank of Bermuda (Cayman) Limited, Bank of Bermuda
(Luxembourg) S.A., Bank of Bermuda Limited, HSBC Bank USA, N.A., as a
proposed defendant, HSBC Holdings plc, HSBC Institutional Trust Services
(Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Securities
Services (Luxemburg) S.A.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Davis,
Evan) (Entered: 10/28/2011) |
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10/28/2011 |
REPLY
AFFIDAVIT of Maria A. Barton -- Reply Declaration in Support re: 252 JOINT MOTION to
Dismiss.. Document filed by Nigel H. Fielding, Karl E. Kaniak, Alberto
LaRocca, Declan Murray, Ursula Radel-Leszcynski, Hannes Saleta, Alfred Simon,
Johannes P. Spalek, Hans-Peter Tiefenbacher, Michael Wheaton. (Barton, Maria)
(Entered: 10/28/2011) |
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10/28/2011 |
DECLARATION
of Marco E. Schnabl in Support re: 252 JOINT MOTION to
Dismiss.. Document filed by Pioneer Alternative Investment Management Ltd.,
Pioneer Global Asset Management S.p.A., Unicredit |
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10/28/2011 |
DECLARATION
of Price O. Gielen in Support re: 252 JOINT MOTION to
Dismiss.. Document filed by Sonja Kohn. (Gielen, Price) (Entered: 10/28/2011) |
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10/31/2011 |
CERTIFICATE
OF SERVICE of Brendan Cyr on 10/28/2011, re 343 . Service was
made by ECF. Document filed by Bank of Bermuda (Cayman) Limited, Bank of
Bermuda (Luxembourg) S.A., Bank of Bermuda Limited, HSBC Bank USA, N.A., as a
proposed defendant, HSBC Holdings plc, HSBC Institutional Trust Services
(Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Securities
Services (Luxemburg) S.A.. (Davis, Evan) (Entered: 10/31/2011) |
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10/31/2011 |
NOTICE
OF WITHDRAWAL AS COUNSEL OF RECORD: PLEASE TAKE NOTICE that Patryk J. Chudy
is hereby withdrawn as counsel of record tor defendant Ernst & Young S.A.
("EY Luxembourg") in the above-captioned action. Mr. Chudy is
leaving Orrick Herrington & Sutclifte LLP and has accepted a position in
government service. Orrick Herrington & Sutcliffe LLP will continue to
act as counsel for EY Luxembourg. (Signed by Judge Richard M. Berman on
10/28/2011) (djc) (Entered: 10/31/2011) |
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11/11/2011 |
NOTICE
OF CHANGE OF ADDRESS by Patryk J. Chudy on behalf of Ernst & Young S.A..
New Address: U.S. Commodity Futures Trading Commission, 140 Broadway, New
York, New York, U.S. 10005, 646-746-9700. (Chudy, Patryk) (Entered:
11/11/2011) |
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11/14/2011 |
ADMINISTRATIVE
ORDER: The Court will hold a brief oral argument on Monday, November 28, 2011
at 2:00 p.m. to hear from counsel for Plaintiff Neville Seymour Davis (all
other Plaintiffs' and Defendants' counsel have waived oral argument). Davis's
counsel will have 15 minutes and Defendants' counsel will have 15 minutes for
any response. (Signed by Judge Richard M. Berman on 11/14/2011) (jfe)
(Entered: 11/14/2011) |
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11/14/2011 |
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Set/Reset
Hearings: Oral Argument set for 11/28/2011 at 02:00 PM before Judge Richard
M. Berman. (jfe) (Entered: 11/14/2011) |
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11/21/2011 |
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***DELETED
DOCUMENT. Deleted document number 351 ENDORSED
LETTER. The document was incorrectly filed in this case. (ae) (Entered:
11/21/2011) |
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11/28/2011 |
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Minute
Entry for proceedings held before Judge Richard M. Berman: Status Conference
held on 11/28/2011. Oral argument held; see transcript for a complete record.
(rjm) (Entered: 11/28/2011) |
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11/29/2011 |
DECISION
& ORDER denying 191
Motion to Amend/Correct ; granting 252 Motion to
Dismiss. Defendants motion to dismiss [#252] and Plaintiffs motion to amend
[#191] are resolved as follows: Plaintiff Daviss claims against the Madoff
Defendants are severed from this consolidated action and stayed; Plaintiffs
claims against Erko, Inc., Windsor |
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11/30/2011 |
352 |
Letter
addressed to Judge Richard M. Berman from Evan A. Davis dated 11/28/2011 re:
counsel writes on behalf of the HSBC Defendants and Lead Plaintiff to jointly
advise the Court that the Settling Parties have executed the enclosed Second
Amended and Restated Stipulation and Agreement of partial Settlement, dated
November 27, 2011. Document filed by HSBC Bank USA, N.A., as a proposed
defendant, HSBC Holdings plc, HSBC Institutional Trust Services (Ireland)
Ltd., HSBC Securities Services (Ireland) Ltd., HSBC Securities Services
(Luxemburg) S.A., HSBC Securities Services, S.A., Neville Seymour Davis.(djc)
(Entered: 11/30/2011) |
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12/05/2011 |
TRANSCRIPT
of Proceedings re: Argument held on 11/28/2011 before Judge Richard M.
Berman. Court Reporter/Transcriber: Samuel Mauro, (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 12/29/2011. Redacted Transcript Deadline set for 1/8/2012.
Release of Transcript Restriction set for 3/7/2012.(McGuirk, Kelly) (Entered:
12/05/2011) |
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12/05/2011 |
NOTICE
OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official
transcript of a Argument proceeding held on 11/28/11 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...(McGuirk, Kelly) (Entered: 12/05/2011) |
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12/06/2011 |
355 |
Letter
addressed to Judge Richard J Berman from Evan A Davis dated 12/2/2011 re: The
stay of the 11/29/11 order should continue. Document filed by HSBC Bank USA
et al.(cd) (Entered: 12/07/2011) |
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12/06/2011 |
357 |
Letter
addressed to Judge Richard M. Berman from Francis A. Bottini, Jr. and Keith
F. Park dated 12/2/11 re: Counsel for the plaintiff requests that the Court
stay the dismissal order as to the HSBC defendants pending review and
consideration of the amended settlement and allow plaintiff Davis to file his
motion for preliminary approval of the amended settlement. Document filed by
Neville Seymour Davis.(mro) (Entered: 12/09/2011) |
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12/08/2011 |
DECISION
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12/09/2011 |
358 |
Letter
addressed to Judge Richard M. Berman from Thomas G. Rafferty dated 12/6/2011
re: Counsel for the defendants write in response to the direction provided in
the Court's decision of 11/29/2011. Document filed by JP Morgan Chase &
Co., PriceWaterhouseCoopers LLP, Pricewaterhousecoopers (Dublin),
Pricewaterhousecoopers Bermuda, Pricewaterhousecoopers International Ltd.,
Unicredit |
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12/09/2011 |
359 |
Letter addressed
to Judge Richard M. Berman from Michael E. Wiles dated 12/6/2011 re: Counsel
for the defendants write in opposition to plaintiffs request to stay
dismissal. Document filed by Thema International Fund |
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12/12/2011 |
CLERK'S
JUDGMENT That for the reasons stated in the Court's Decisions and Orders
dated November 29, 2011 and December 8, 2011, the stay by this Court in its
Decision and Order, dated November 29, 2011, with respect to Plaintiff
Davis's claims against HSBC Trust, HSBC Securities, and HSBC Holdings is
lifted, and such claims are dismissed on the basis of forum non conveniens,
as set forth in the November 29, 2011 Decision and Order; Plaintiff Davis's
claims against the Madoff Defendants are severed from this consolidated
action and stayed; Plaintiffs' claims against Erko, Inc., Windsor |
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01/03/2012 |
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***DELETED DOCUMENT. Deleted document number 361 endorsed
letter. The document was incorrectly filed in this case. (cd) (Entered: 01/03/2012) |
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01/09/2012 |
ENDORSED
LETTER addressed to Judge Richard M. Berman from Francis A. Bottini, Jr.
dated 1/5/2012 re: We write to request that the Court hold a pre-motion
conference for Mr. Davis's anticipated motion under Rule 59(e) and 60 of the
Federal Rules of Civil Procedure to amend the December 12, 2011 judgment to
request entry of final judgment pursuant to Rule 54(b) as to all Defendants,
except Defendants Peter Madoff, Andrew Madoff, and Mark Madoff (the
"Madoff Defendants"). ENDORSEMENT: Def response, if any, to be
submitted jointly + on or before 1/23/12. (Signed by Judge Richard M. Berman
on 1/9/2012) (lmb) (Entered: 01/09/2012) |
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01/10/2012 |
NOTICE
OF APPEAL from 351
Order on Motion to Amend/Correct, Order on Motion to Dismiss, 360 Clerk's
Judgment. Document filed by Dana Trezziova. Filing fee $ 455.00, receipt
number 465401026467. Form C and Form D are due within 14 days to the Court of
Appeals, Second Circuit. (tp) (Entered: 01/10/2012) |
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01/10/2012 |
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Transmission
of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals
re: 362 Notice
of Appeal. (tp) (Entered: 01/10/2012) |
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01/10/2012 |
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Appeal
Record Sent to USCA (Electronic File). Certified Indexed record on Appeal
Electronic Files for 248
Rule 7.1 Corporate Disclosure Statement filed by Thema Asset Management
Limited, 152
Clerk Certificate of Mailing, 179 Summons
Returned Executed filed by Shmuel Cabilly, 134 Summons
Returned Executed filed by Dana Trezziova, Repex Ventures S.A, 144 MOTION for John
C. Massaro to Appear Pro Hac Vice. filed by Ernst & Young Global Limited,
4 Endorsed
Letter, Set Scheduling Order Deadlines,, 303 Order,, 288 Declaration,
filed by HSBC Bank USA, N.A., as a proposed defendant, HSBC Institutional
Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC
Holdings plc, 5
Amended Complaint, filed by Repex Ventures S.A, 297 Order,,, 162 Notice of
Appearance filed by Shmuel Cabilly, 218 Notice of
Change of Address filed by Neville Seymour Davis, 301 Order on Motion
to Appear Pro Hac Vice, 284 MOTION for
Keith F. Park to Appear Pro Hac Vice. filed by Neville Seymour Davis, 287 Reply, filed by
HSBC Bank USA, N.A., as a proposed defendant, HSBC Institutional Trust
Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC
Holdings plc, 87
Waiver of Service Executed filed by Neville Seymour Davis, 281 Declaration in
Opposition to Motion,,, filed by Thema International Fund |
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01/11/2012 |
NOTICE
OF APPEAL from 313
Memorandum & Opinion, 356 Order, 351 Order on
Motion to Amend/Correct, Order on Motion to Dismiss,,,,,,,,,, 318 Order, 360 Clerk's
Judgment,,,,, 312
Order on Motion to Approve,,,,. Form C and Form D are due within 14 days to
the Court of Appeals, Second Circuit. Document filed by Neville Seymour
Davis. Filing fee $ 455.00, receipt number 0208-7096380. (Bottini, Francis)
(Entered: 01/11/2012) |
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01/11/2012 |
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Transmission
of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals
re: 363 Notice
of Appeal. (tp) (Entered: 01/11/2012) |
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01/11/2012 |
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Appeal
Record Sent to USCA (Electronic File). Certified Indexed record on Appeal
Electronic Files for 363
Notice of Appeal, 248
Rule 7.1 Corporate Disclosure Statement filed by Thema Asset Management
Limited, 152
Clerk Certificate of Mailing, 179 Summons
Returned Executed filed by Shmuel Cabilly, 134 Summons
Returned Executed filed by Dana Trezziova, Repex Ventures S.A, 144 MOTION for John
C. Massaro to Appear Pro Hac Vice. filed by Ernst & Young Global Limited,
4 Endorsed
Letter, Set Scheduling Order Deadlines, 303 Order, 288 Declaration,
filed by HSBC Bank USA, N.A., as a proposed defendant, HSBC Institutional
Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC
Holdings plc, 5
Amended Complaint, filed by Repex Ventures S.A, 297 Order, 162 Notice of
Appearance filed by Shmuel Cabilly, 218 Notice of
Change of Address filed by Neville Seymour Davis, 301 Order on Motion
to Appear Pro Hac Vice, 284 MOTION for
Keith F. Park to Appear Pro Hac Vice. filed by Neville Seymour Davis, 287 Reply, filed by
HSBC Bank USA, N.A., as a proposed defendant, HSBC Institutional Trust
Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC
Holdings plc, 87
Waiver of Service Executed filed by Neville Seymour Davis, 281 Declaration in
Opposition to Motion, filed by Thema International Fund |
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NOTICE
OF APPEAL from 351
Order on Motion to Amend/Correct, Order on Motion to Dismiss,,,,,,,,,, 360 Clerk's
Judgment,,,,,. Form C and Form D are due within 14 days to the Court of
Appeals, Second Circuit. Document filed by Shmuel Cabilly, Korea Exchange
Bank. Filing fee $ 455.00, receipt number 0208-7098099. (Bunch, Stephen)
(Entered: |
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Transmission
of Notice of Appeal and Certified Copy of Docket Sheet to |
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|
|
Appeal
Record Sent to USCA (Electronic File). Certified Indexed record on Appeal
Electronic Files for 364
Notice of Appeal, filed by Korea Exchange Bank, Shmuel Cabilly, 363 Notice of
Appeal, 248 Rule
7.1 Corporate Disclosure Statement filed by Thema Asset Management Limited, 152 Clerk
Certificate of Mailing, 179 Summons
Returned Executed filed by Shmuel Cabilly, 134 Summons
Returned Executed filed by Dana Trezziova, Repex Ventures S.A, 144 MOTION for John
C. Massaro to Appear Pro Hac Vice. filed by Ernst & Young Global Limited,
4 Endorsed
Letter, Set Scheduling Order Deadlines, 303 Order, 288 Declaration,
filed by HSBC Bank USA, N.A., as a proposed defendant, HSBC Institutional
Trust Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC
Holdings plc, 5
Amended Complaint, filed by Repex Ventures S.A, 297 Order, 162 Notice of
Appearance filed by Shmuel Cabilly, 218 Notice of
Change of Address filed by Neville Seymour Davis, 301 Order on Motion
to Appear Pro Hac Vice, 284 MOTION for
Keith F. Park to Appear Pro Hac Vice. filed by Neville Seymour Davis, 287 Reply, filed by
HSBC Bank USA, N.A., as a proposed defendant, HSBC Institutional Trust
Services (Ireland) Ltd., HSBC Securities Services (Ireland) Ltd., HSBC
Holdings plc, 87
Waiver of Service Executed filed by Neville Seymour Davis, 281 Declaration in
Opposition to Motion, filed by Thema International Fund |
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