Kirschner v. Cade et al

1:20-cv-04265 | New York Southern District Court

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Division Foley Square
Judge Judge Jed S. Rakoff
Filed June 4, 2020
Terminated July 15, 2021
Case Flags ECF, MDL, and RELATED
Nature of Suit 890 Statutory Actions - Other
Cause 11:548 Bankruptcy: Fraudulent Transfers and Obligations
Jury Demand Plaintiff
Lead Case 1:20-md-02941
Related Case 1:20-md-02941
Last Updated: 1 month, 2 weeks ago Show Interactive Timeline
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  • 3/27/2025
Responses due by 3/13/2025 Replies due by 3/27/2025.
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7 Days
  • 4/3/2025
Oral Argument set for 4/3/2025 at 04:00 PM in Courtroom 14B, 500 Pearl Street
Pretrial Conference set for 4/3/2025 at 04:00 PM in Courtroom 14B, 500 Pearl Street
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Filing Date # Docket Text
12/17/2024Minute Entry for proceedings held before Judge Jed S. Rakoff: ( Default Hearing set for 1/21/2025 at 11:00 AM before Judge Jed S. Rakoff in courtroom 14B of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York City, New York.). Associated Cases: 1:20-md-02941-JSR et al.(Kotowski, Linda) (Entered: 12/17/2024)
10/16/2024 STIPULATION AND ORDER: Pursuant to the terms, conditions, and limitations of a settlement agreement. made and entered into as of September 17, 2024, the undersigned counsel for Plaintiffs and for Defendant Thomas Nolan hereby stipulate that the above-captioned action is dismissed as to Thomas Nolan, but not as to any other Defendant. with prejudice, without costs, and without fees. SO ORDERED (Signed by Judge Jed S. Rakoff on 10/14/2024) Thomas Nolan and Thomas Nolan terminated. Filed In Associated Cases: 1:20-md-02941-JSR, 1:20-cv-04265-JSR, 1:20-cv-04267-JSR (ks) (Entered: 10/16/2024)
10/8/2024PROPOSED STIPULATION AND ORDER. Document filed by Marc Kirschner, Wilmington Savings Fund Society, FSB..(Chiueh, Shenghao) (Entered: 10/08/2024)
7/26/2024 MEMORANDUM OF LAW in Opposition re: (464 in 1:20-md-02941-JSR) MOTION for Joinder in Employee Defendants' Motion to Dismiss (ECF No. 247 in Case No. 1:20-cv-04287-JSR)., (462 in 1:20-md-02941-JSR) JOINT MOTION to Dismiss the First Amended Complaint., (250 in 1:20-cv-04287-JSR) MOTION to Dismiss 12(b)(6) and 9(b) - Joinder in Motion., (247 in 1:20-cv-04287-JSR) JOINT MOTION to Dismiss the First Amended Complaint. . Document filed by Marc Kirschner, Mark Kirschner, Wilmington Savings Fund Society, FSB. Filed In Associated Cases: 1:20-md-02941-JSR, 1:20-cv-04262-JSR, 1:20-cv-04265-JSR, 1:20-cv-04267-JSR, 1:20-cv-04287-JSR.(Chiueh, Shenghao) (Entered: 07/26/2024)
7/25/2024NOTICE OF APPEARANCE by Matthew Tharp on behalf of Marc Kirschner, Mark Kirschner, Wilmington Savings Fund Society, FSB. Filed In Associated Cases: 1:20-md-02941-JSR, 1:20-cv-04262-JSR, 1:20-cv-04265-JSR, 1:20-cv-04267-JSR, 1:20-cv-04287-JSR.(Tharp, Matthew) (Entered: 07/25/2024)
6/10/2024
  • Scheduling Order
SCHEDULING ORDER: It is therefore hereby ORDERED that: Motions due by 2/13/2025. Responses due by 3/13/2025 Replies due by 3/27/2025. Deposition due by 1/31/2025. Fact Discovery due by 10/31/2024. Discovery due by 1/31/2025. Oral Argument set for 4/3/2025 at 04:00 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. Pretrial Conference set for 4/3/2025 at 04:00 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. SO ORDERED (Signed by Judge Jed S. Rakoff on 6/10/2024) Filed In Associated Cases: 1:20-md-02941-JSR et al. (ks) (Main Document 458 replaced on 6/10/2024) (ks). (Entered: 06/10/2024)
5/16/2024Transmission of USCA Mandate to the District Judge re: (117 in 1:20-cv-04292-JSR, 53 in 1:20-cv-04480-JSR, 140 in 1:20-cv-04569-JSR, 101 in 1:20-cv-04404-JSR, 75 in 1:20-cv-04267-JSR, 152 in 1:20-cv-04262-JSR, 105 in 1:20-cv-04286-JSR, 83 in 1:20-cv-04265-JSR, 81 in 1:20-cv-04299-JSR, 191 in 1:20-cv-04335-JSR, 68 in 1:20-cv-04479-JSR, 149 in 1:20-cv-04433-JSR, 184 in 1:20-cv-04346-JSR, 241 in 1:20-cv-04287-JSR, 115 in 1:20-cv-04360-JSR, 454 in 1:20-md-02941-JSR, 39 in 1:20-cv-04434-JSR, 78 in 1:20-cv-04440-JSR, 42 in 1:20-cv-04289-JSR, 166 in 1:20-cv-04436-JSR) USCA Mandate. Filed In Associated Cases: 1:20-md-02941-JSR et al..(nd) (Entered: 05/16/2024)
5/15/2024MANDATE of USCA (Certified Copy) as to (134 in 1:20-cv-04262-JSR, 394 in 1:20-md-02941-JSR) Notice of Appeal,, filed by Wilmington Savings Fund Society, FSB, Marc S Kirschner, (346 in 1:20-md-02941-JSR, 31 in 1:20-cv-04289-JSR) Notice of Appeal,, filed by Marc S. Kirschner, (65 in 1:20-cv-04267-JSR, 398 in 1:20-md-02941-JSR) Notice of Appeal,, filed by Wilmington Savings Fund Society, FSB, (399 in 1:20-md-02941-JSR, 106 in 1:20-cv-04292-JSR) Notice of Appeal,, filed by Marc S Kirschner, (46 in 1:20-cv-04479-JSR, 345 in 1:20-md-02941-JSR) Notice of Appeal,, filed by Wilmington Savings Fund Society, FSB, Marc S Kirschner, (218 in 1:20-cv-04287-JSR, 393 in 1:20-md-02941-JSR) Notice of Appeal,, filed by Mark S. Kirschner, Wilmington Savings Fund Society, FSB, (131 in 1:20-cv-04569-JSR, 396 in 1:20-md-02941-JSR) Notice of Appeal,, filed by Wilmington Savings Fund Society, FSB, (173 in 1:20-cv-04346-JSR, 391 in 1:20-md-02941-JSR) Notice of Appeal,, filed by Marc S Kirschner, (350 in 1:20-md-02941-JSR, 42 in 1:20-cv-04480-JSR) Notice of Appeal,, filed by Wilmington Savings Fund Society, FSB, Marc S Kirschner, (67 in 1:20-cv-04440-JSR) Corrected Notice of Appeal, filed by Marc S Kirschner, (344 in 1:20-md-02941-JSR, 91 in 1:20-cv-04286-JSR) Notice of Appeal,, filed by Wilmington Savings Fund Society, FSB, (135 in 1:20-cv-04433-JSR, 400 in 1:20-md-02941-JSR) Notice of Appeal,, filed by Wilmington Savings Fund Society, FSB, Marc S. Kirschner, (347 in 1:20-md-02941-JSR, 27 in 1:20-cv-04434-JSR) Notice of Appeal,, filed by Marc S. Kirschner, (397 in 1:20-md-02941-JSR, 73 in 1:20-cv-04265-JSR) Notice of Appeal,, filed by Marc S Kirschner, (181 in 1:20-cv-04335-JSR, 392 in 1:20-md-02941-JSR) Notice of Appeal,, filed by Wilmington Savings Fund Society, FSB, (70 in 1:20-cv-04299-JSR, 343 in 1:20-md-02941-JSR) Notice of Appeal,, filed by Wilmington Savings Fund Society, FSB, Marc S Kirschner, (395 in 1:20-md-02941-JSR, 155 in 1:20-cv-04436-JSR) Notice of Appeal,, filed by Marc S Kirschner USCA Case Number 20-3257-cv (L), 20-3290-cv, 20-3315-cv, 20-3326-cv, 20-3327-cv, 20- 3334-cv, 20-3335-cv, 20-3941-cv, 20-3952-cv, 20-3959-cv, 20-3961-cv, 20-3964-cv, 20-3969-cv, 20-3980-cv, 20-3981-cv, 20-3992-cv, 20-3998-cv. USCA Case Number 20-3257-cv (L), 20-3290-cv, 20-3315-cv, 20-3326-cv, 20-3327-cv, 20- 3334-cv, 20-3335-cv, 20-3941-cv, 20-3952-cv, 20-3959-cv, 20-3961-cv, 20-3964-cv, 20-3969-cv, 20-3980-cv, 20-3981-cv, 20-3992-cv, 20-3998-cv.. IT IS HEREBY ORDERED, ADJUDGED and DECREED that the district court's judgment is VACATED as to the Payroll Transfer claims, the remainder of the judgment is AFFIRMED, and the cause is REMANDED for further proceedings consistent with this Court's decision.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 5/15/2024. (Attachments: # 1 Opinion, # 2 Dissenting opinion)Filed In Associated Cases: 1:20-md-02941-JSR et al..(nd) (Entered: 05/16/2024)
11/27/2023TRUE COPY ORDER of USCA as to (346 in 1:20-md-02941-JSR, 31 in 1:20-cv-04289- JSR) Notice of Appeal,, filed by Marc S. Kirschner, (46 in 1:20-cv-04479-JSR, 345 in 1:20-md-02941-JSR) Notice of Appeal,, filed by Wilmington Savings Fund Society, FSB, Marc S Kirschner, (350 in 1:20-md-02941-JSR, 42 in 1:20- cv-04480-JSR) Notice of Appeal,, filed by Wilmington Savings Fund Society, FSB, Marc S Kirschner, (344 in 1:20-md-02941-JSR, 91 in 1:20-cv-04286-JSR) Notice of Appeal,, filed by Wilmington Savings Fund Society, FSB, (347 in 1:20-md-02941-JSR, 27 in 1:20-cv-04434-JSR) Notice of Appeal,, filed by Marc S. Kirschner, (70 in 1:20-cv-04299-JSR, 343 in 1:20-md-02941-JSR) Notice of Appeal,, filed by Wilmington Savings Fund Society, FSB, Marc S Kirschner USCA Case Number 20-3257-cv (L), 20-3290-cv, 20-3315-cv, 20-3326-cv, 20-3327-cv, 20- 3334-cv, 20-3335-cv, 20-3941-cv, 20-3952-cv, 20-3959-cv, 20-3961-cv, 20-3964-cv, 20-3969-cv, 20-3980-cv, 20-3981-cv, 20-3992-cv, 20-3998-cv. USCA Case Number 20-3257-cv (L), 20-3290-cv, 20-3315-cv, 20-3326-cv, 20-3327-cv, 20- 3334-cv, 20-3335-cv, 20-3941-cv, 20-3952-cv, 20-3959-cv, 20-3961-cv, 20-3964-cv, 20-3969-cv, 20-3980-cv, 20-3981-cv, 20-3992-cv, 20-3998-cv. We AFFIRM in part, VACATE in part, and REMAND for further proceedings. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 11/27/2023. (Attachments: # 1 Exhibit Exhibit)Filed In Associated Cases: 1:20-md-02941-JSR et al..(km) (Entered: 11/27/2023)
2/3/2023NOTICE of Change of Firm Name. Document filed by Marc S Kirschner, Wilmington Savings Fund Society, FSB. Filed In Associated Cases: 1:20-md-02941-JSR et al..(Chiueh, Shenghao) (Entered: 02/03/2023)
7/15/2021
  • Order
ORDER re: (79 in 1:20-cv-04265-JSR, 77 in 1:20-cv-04299-JSR, 38 in 1:20-cv-04289-JSR, 187 in 1:20-cv-04335-JSR, 101 in 1:20-cv-04286-JSR, 440 in 1:20-md-02941-JSR, 35 in 1:20-cv-04434-JSR, 162 in 1:20-cv-04436-JSR, 97 in 1:20-cv-04404-JSR, 54 in 1:20-cv-04479-JSR, 148 in 1:20-cv-04262-JSR, 113 in 1:20-cv-04292-JSR, 237 in 1:20-cv-04287-JSR, 71 in 1:20-cv-04267-JSR, 74 in 1:20-cv-04440-JSR, 111 in 1:20-cv-04360-JSR, 180 in 1:20-cv-04346-JSR, 49 in 1:20-cv-04480-JSR, 145 in 1:20-cv-04433-JSR, 136 in 1:20-cv-04569-JSR) Status Report filed by Wilmington Savings Fund Society, FSB, Marc S Kirschner. Accordingly, the Court hereby cancels the Final Pre-Trial Conference previously scheduled for July 23, 2021. The Clerk of the Court is ordered to close the multidistrict litigation docket (20-MD-2941) and all constituent dockets consolidated therein. SO ORDERED. (Signed by Judge Jed S. Rakoff on 7/15/2021) Filed In Associated Cases: 1:20-md-02941-JSR et al. (kv) (Entered: 07/15/2021)
7/15/2021STATUS REPORT. Parties' Joint Statement Concerning Case Status Document filed by Marc S Kirschner, Wilmington Savings Fund Society, FSB.Filed In Associated Cases: 1:20-md-02941-JSR et al..(Lack, Robert) (Entered: 07/15/2021)
7/14/2021
  • Order
ORDER: To aid the Court during the Final Pre-Trial Conference scheduled for July 23, 2021 at 2:00 PM, the Parties are hereby directed to file with the Court, no later than July 20, 2021, a concise, joint statement setting forth all the remaining claims for each remaining defendant. SO ORDERED. (Signed by Judge Jed S. Rakoff on 7/14/2021) Filed In Associated Cases: 1:20-md-02941-JSR et al. (kv) (Entered: 07/14/2021)
6/10/2021PROPOSED STIPULATION AND ORDER. Document filed by Marc S Kirschner, Wilmington Savings Fund Society, FSB..(Lack, Robert) (Entered: 06/10/2021)
5/14/2021NOTICE of Hearing:The Oral Argument formerly set for 7/20/2021 has been adjourned to 7/23/2021 at 02:00 PM before Judge Jed S. Rakoff. The hearing will proceed via teleconference with the following dial-in information: USA Toll-Free: (888) 363-4735; USA Caller Paid/International Toll: (215) 446-3657; Access Code: 1086415.Filed In Associated Cases: 1:20-md-02941-JSR et al..(Kotowski, Linda) (Entered: 05/14/2021)
12/4/2020
  • Order
OPINION AND ORDER: re: (156 in 1:20-cv-04335-JSR, 69 in 1:20-cv-04287-JSR, 40 in 1:20-cv-04267-JSR, 146 in 1:20-cv-04346-JSR, 84 in 1:20-cv-04292-JSR, 46 in 1:20-cv-04265-JSR, 100 in 1:20-cv-04569-JSR, 120 in 1:20-cv-04436-JSR, 75 in 1:20-cv-04404-JSR, 32 in 1:20-cv-04433-JSR, 112 in 1:20-md-02941-JSR, 101 in 1:20-cv-04262-JSR, 89 in 1:20-cv-04360-JSR) MOTION for Joinder to Join the Former Director and Officer Defendants Motion to Dismiss and the Public Shareholder Defendants Motion to Dismiss. filed by Robert Rodriguez, Nicola Guarna, (62 in 1:20-cv-04287-JSR, 105 in 1:20-md-02941-JSR) MOTION for Joinder NOTICE OF JOINDER AND STATEMENT OF DEFENDANT JANET CARR IN SUPPORT OF FORMER DIRECTOR AND OFFICER DEFENDANTS MOTION TO DISMISS UNDER SECTION 546(e) SECURITIES SAFE HARBOR. filed by Janet Carr, Janet Carr. conveyance. Accordingly, the claims for intentional fraudulent conveyance claims against the employee defendants are dismissed. For the foregoing reasons, the respective motions to dismiss of the director defendants and the officer defendants are granted in part and denied in part. So Ordered. (Signed by Judge Jed S. Rakoff on 12/4/2020) Filed In Associated Cases: 1:20-md-02941-JSR et al. (js) (Entered: 12/07/2020)
12/1/2020
  • Answerby Δ
ANSWER to 53 Amended Complaint,. Document filed by Ira M. Dansky..(Benson, Craig) (Entered: 12/01/2020)
11/24/2020CERTIFICATE OF SERVICE of Notice of Appeal on November 23, 2020. Service was made by first-class mail. Document filed by Marc S Kirschner, Wilmington Savings Fund Society, FSB. Filed In Associated Cases: 1:20-md-02941-JSR et al..(Lack, Robert) (Entered: 11/24/2020)
11/20/2020Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (397 in 1:20-md-02941-JSR, 73 in 1:20-cv-04265-JSR) Notice of Appeal. Filed In Associated Cases: 1:20-md-02941-JSR, 1:20-cv-04265-JSR. (tp) (Entered: 11/20/2020)
11/20/2020Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for (397 in 1:20-md-02941-JSR, 73 in 1:20-cv-04265-JSR) Notice of Appeal, filed by Marc S Kirschner were transmitted to the U.S. Court of Appeals. Filed In Associated Cases: 1:20-md-02941-JSR, 1:20-cv-04265-JSR. (tp) (Entered: 11/20/2020)
11/20/2020 NOTICE OF APPEAL from (72 in 1:20-cv-04265-JSR, 390 in 1:20-md-02941-JSR) Clerk's Judgment,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, (60 in 1:20-cv-04265-JSR, 317 in 1:20-md-02941-JSR) Memorandum & Opinion,,,,. Document filed by Marc S Kirschner. Filing fee $ 505.00, receipt number NYSDC-22679316. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 1:20-md-02941-JSR, 1:20-cv-04265-JSR.(Friedman, Edward) (Entered: 11/20/2020)
11/19/2020 CLERK'S PARTIAL FINAL JUDGMENT PURSUANT TO RULE 54(b) re: (132 in 1:20-cv-04433-JSR) Judgment. in favor of AQR Absolute Return Master Account, L.P., AQR DELTA Master Account, L.P., AQR DELTA Sapphire Fund, L.P., AQR DELTA XN Master Account, L.P., AQR Funds (AQR Diversified Arbitrage Fund), AQR Funds (AQR Multi-Strategy Alternative Fund, Advanced Series Trust Academic Strategies Allocation Portfolio, Advanced Series Trust Small Cap Value Portfolio, Advanced Series Trust: AST Academic Strategies Asset Allocation Portfolio, Advanced Series Trust: AST Small-Cap Value Portfolio, Advisors Series Trust (Kellner Merger Fund), Allianz Asset Management of America L.P., Allianz Asset Management of America L.P. f/k/a Allianz Global Investors of America LP, Allianz Global Investors of America L.P, American Beacon Small Cap Value Fund, American Family Mutual Insurance Co., American International Group Inc., Anthem Health Plans of Virginia, Inc., Arbor Place LTD. Partnership, Bam Advisor Services, Barington Companies Equity Partners, L.P., Barington Companies Investors, LLC, BlackRock MSCI USA Small Cap Equity Index Fund, Blue Cross of California, Blue Shield of California, Bluecrest Capital Management Ltd., Boston Partners All-Cap Value Fund, Boston Partners Asset Management, LLC, Boston Partners Global Investors Inc., Boston Partners, LLC., Brighthouse Funds Trust II, Brown Brothers Harriman & Co. Client No. 2, Brown Brothers Harriman & Co. Client No. 3, CNH Master Account, L.P., CNH Master Account, LP, CNH Opportunisitic Premium Offshore Fund, L.P., CNH Opportunistic Premium Offshore Fund, L.P., California Physicians' Service d/b/a Blue Shield of California, California Physicians' Service dba Blue Shield of California, Calvert Variable Products, Inc. (Calvert VP Russell 2000 Small Cap Index Portfolio), Chi Operating Investment Program, LP, Chrysler World IMI Equity Index - ND, College Retirement Equities Fund (CREF Equity Index Account), Columbia Management Investment Advisers LLC, Columbia Multi-Manager Alternative Strategies Fund, Community Insurance Company, Consolidated Edison Company of New York, Inc., Cref Equity Index Account, DAGT Small Cap Outliers, DEF, DEFENDANT IL-1, DEFENDANT IL-2, DFA Australia Limited Global Core Equity Trust, DFA Investment Dimensions Group Inc TA US Core Equity 2 Portfolio, DFA Investment Dimensions Group Inc Tax-Managed US Small Cap Portfolio, DFA Investment Dimensions Group Inc Tax-Managed US Targeted Value Portfolio, DFA Investment Dimensions Group Inc US Core Equity 1 Portfolio, DFA Investment Dimensions Group Inc US Core Equity 2 Portfolio, DFA Investment Dimensions Group Inc US Micro Cap Portfolio, DFA Investment Dimensions Group Inc US Small Cap Portfolio, DFA Investment Dimensions Group Inc US Small Cap Value Portfolio, DFA Investment Dimensions Group Inc US Social Core Equity 2 Portfolio, DFA Investment Dimensions Group Inc US Targeted Value Portfolio, DFA Investment Dimensions Group Inc US Vector Equity Portfolio, DFA Investment Trust Company Tax-Managed US Marketwide Value Series, DFA US Core Equity Fund, DFA US Vector Equity Fund, DT DV MARKET COMPLETION FUND, DWS Investment Management Americas, Inc., DWS Small Cap Index VIP, Defendant NJ-1, Defendant NJ-2, Defendant NJ-3, Defendant NJ-4, Defendant NY-1, Defendant NY-18, Defendant NY-19, Defendant NY-24, Defendant NY-8, Dimensional Funds PLC Global Targeted Value Fund, Dimensional Funds plc U.S. Small Companies Fund, a/k/a Irish U.S. Small Cap Fund, Diversified Alpha Group Trust, Dreman Contrarian Funds (Dreman Contrarian Small Cap Value Fund), Dynamic Capital Management, LLC, Dynamic Offshore Fund Ltd., EQ Advisors Trust (ATM Small Cap Managed Volatility Portfolio), EQ Advisors Trust (EQ/2000 Managed Volatility Portfolio), Emerson Electric Co., Extended Equity Market Fund, Extended Equity Market Master Fund B, FIAM LLC, FLEXSHARES MORNINGSTAR US MARKET FACTOR TILT INDEX FUND, FedEx Corporation, Federated Equity Funds (Federated Clover Small Value Fund), Fidelity Asset Allocation Currency Neutral Private Pool, Fidelity Asset Allocation Private Pool, Fidelity Balanced Currency Neutral Private Pool, Fidelity Balanced Income Currency Neutral Private Pool, Fidelity Balanced Income Private Pool, Fidelity Balanced Private Pool, Fidelity Concord Street Trust-Fidelity Extended Market Index Fund, Fidelity Concord Street Trust-Fidelity Total Market Index Fund, Fidelity Income Allocation Fund, Fidelity Investments, Fidelity Investments Charitable Gift Fund, Fidelity Monthly Income Fund, Fidelity Northstar Fund, Fidelity Small Cap Index Fund, Fidelity Total Market Index Fund, GTE Investment Management Corp., Gabelli 787 Fund, Inc. (Enterprise Mergers and Acquisitions Fund), Gabelli Global Series Fund Inc., Gabelli Investor Funds Inc. (The Gabelli ABC Fund), Gardner Lewis Event Driven Fund, L.P., Gardner Lewis Merger Arbitrage Fund II, L.P, Gardner Lewis Merger Arbitrage Fund II, L.P., Gardner Lewis Merger Arbitrage Fund, L.P., Gardner Lewis Merger Arbitrage Fund, LP, Geode Diversified Fund, George M Pacific Select Fund-PD Small-Cap Value Index Portfolio, Gotham Absolute Return Fund, HAWAII DE LLC, HBK Master Fund L.P., HBK Quantitative Strategies Master Fund LP, HFR Asset Management, L.L.C., Hallador Balanced Fund LLC, Hartford Mutual Funds II Inc. (Hartford Schroders US Small Cap Opportunities Fund), Hartford Schroders US Small Cap Opportunities Fund of The Hartford Mutual Funds II, Inc., Harvest Street Capital LLC, Investment Managers Series Trust (Towle Deep Value Fund), Ira Martin Dansky Revocable Trust, Ishares Russell 2000 ETF, JHF II Strategic Equity Allocation Fund, JHVIT Small Cap Index Trust, JHVIT Small Cap Opportunities Trust, JHVIT Strategic Equity Allocation Trust, JPMorgan Systematic Alpha Fund, John Hancock II Strategic Equity Allocation Small Cap Fund, John Hancock U.S. Targeted Value Fund, John Hancock U.S. Targeted Value Trust, KBC Equity Fund - Fallen Angels, KBC Equity Fund - Leisure and Tourism, KBC Equity Fund - Strategic Satellites, Kenny Allan Troutt Separate Trust Estate, LITMAN GREGORY MASTERS ALTERNATIVE STRATEGIES FUND, Legg Mason Royce U.S. Small Cap Opportunity Fund, Lincoln Institute of Land Policy, Lincoln Variable Insurance Products Trust (LVIP SSGA Small-Cap Index Fund), Longfellow Investment Management Co., LLC, MFO Management Company (Towle Fund), MSCI U.S. IMI Index Fund B2 a/k/a BlackRock MSCI U.S. IMI Index Fund B2, Manulife Financial, Manulife Investment Management (North America) LTD, Master Small Cap Index Series of Quantitative Master Series LLC, Merrill Lynch Investment, Merrill Lynch Pierce Fenner & Smith Incorporated, Metropolitan Life Insurance Co, Micro Cap Subtrust, Milton Partners, Minnesota Mining and Manufacturing Co., Multimanager Small Cap Value Portfolio, NORTHERN SMALL CAP CORE FUND, NORTHERN SMALL CAP INDEX FUND, NORTHERN SMALL CAP VALUE FUND, NUVEEN SMALL CAP INDEX FUND, Nationwide Mutual Funds (Nationwide Small Cap Index Fund), Nationwide Mutual Funds (Nationwide U.S. Small Cap Value Fund), Nationwide Variable Insurance Trust (NVIT Multi-Manager Small Cap Value Fund), Nationwide Variable Insurance Trust (NVIT Small Cap Index Fund), Natixis SA, Nine Chapters Capital Management LLC, Nine Chapters Systematic Master Fund, Ltd., Odin Holdings LP, Oppenheimer Global Multi Strategies Fund, PG and E Co. Nuclear Facilities Qualified Cpuc Decommissioning Master Trust, PG&E CO. NUCLEAR FACILITIES QUALIFIED CPUC DECOMMISSIONING MASTER TRUST, PGIM QMA Small-Cap Value Fund, PRUDENTIAL FINANCIAL INC, Pacific Select Fund - PD Small-Cap Value Index Portfolio, Pacific Select Fund-PD Small-Cap Value Index Portfolio, Pacific Select Fund-Small-Cap Equity Portfolio, Pacific Select Fund-Small-Cap Index Portfolio, Pacific Select-Fund-Small-Cap Index Portfolio, Panagora Asset Management Inc., Peak6 Investments LLC, Pentwater Capital Management LP, Pillsbury, Pinebridge Investments LP, Pinnacle West Corp., Prelude Opportunity Fund, LP, Priac Funds, Priac funds, Principal Funds Inc. (Global Multi-Strategy Fund), Principal Funds Inc. (Smallcap Value Fund II), Principal Variable Contracts Funds Inc. (Smallcap Value Account I), Proshares Trust (Proshares Merger ETF), Prudential Financial, Inc., Prudential Retirement Insurance & Annuity Co., QMA, LLC, Quantitative Management Associates LLC, Quantitative Master Series LLC (Master Extended Market Index Series), RBB Fund, Inc. (WPG Partners Small/Micro Cap Value Fund), RUSSELL 3000 INDEX FUND, Research Affiliates Equity US Large, L.P., Rhumbline Advisers LP, Robeco Capital Growth Funds-Robeco BP US Premium Equities, Robert & Susan Mettler Family Trust U/A 3/27/06, Robert and Susan Mettler Family Trust U/A 3/27/06, Robert L. Mettler, Susan T. Mettler, Trustees, Royce Fund (Royce Opportunity Fund), Royce Institutional, LLC (Opportunity Portfolio), Russell 2000 Alpha Tilts Fund B, Russell 2000 Index Fund, Russell 2000 Index Non-Lendable Fund, Russell 2000 Value Fund B, Russell 2500 Index Fund, Russell 3000 Index Non-Lendable Fund, Russell US Small Cap Equity Fund, SA U.S. Small Company Fund, SA U.S.Small Company Fund, SEI Institutional Investments Trust (SIIT Small Cap Fund), SEI Institutional Managed Trust (SIMT Small Cap Value Fund), SPDR S&P MIDCAP 400 ETF Trust, STATE FARM SMALL CAP INDEX FUND, Schwab Capital Trust, Schwab Fundamental US Small Company Index Fund, Schwab Small-Cap Index Fund, Schwab Total Stock Market Index Fund, Securian Life Insurance Co., Small Cap Value Subtrust, State Farm Variable Products Trust, State Street Bank & Trust Company, State Street Bank Maya Account Holder, State Street Bank and Trust Co., State Street Global Advisors, State Street Global Advisors Russell 1000 Value Fund CTF, State Street Global Advisors Russell 2000 Index Fund, State Street Global Advisors Russell 2000 Value Fund CTF, State Street Global Advisors Russell 3000 Index Fund, State Street Global Advisors Russell 3000 Index Fund CTF, State Street Global Advisors Russell 3000 Index Fund SL SER A, State Street Global Advisors Russell Small Cap Fund Complete S/L A, State Street Global Advisors Russell Special Small Company Fund, State Street Global Advisors Russell Special Small Company Fund CTF, State Street Global Advisors Total ETF, State Street Global Advisors U.S. Extended Market Index Fund, State Street North America Confidential CLient 1 FOF, State Street North America Confidential Client 1 Domestic Equities, State Street North America Confidential Client 1 Domestic Ishares 405, Susquehanna International Group LLP, TELENDOS, LLC, TFS Capital LLC, TIAA-CREF Funds, TIAA-CREF Funds (TIAA-CREF Equity Index Fund), TIAA-CREF Funds (TIAA-CREF Small-Cap Blend Index Fund), Talcott Resolution Life Insurance Co., Tax-Managed US Equity Series, The Arbitrage Event-Driven Fund, The Arbitrage Fund, The Arbitrate Fund, The Bank of New York Mellon, The GDL Fund, The Hartford Life Insurance Company, The Sidney Kimmel Revocable Indenture of Trust, The Target Portfolio Trust: PGIM QMA Small-Cap Value Fund, Thomas M. Murray PO N. Murray Jt Ten, Touchstone Funds Group Trust (Touchstone Arbitrage Fund), Touchstone Funds Group Trust (Touchstone Credit Opportunities II Fund f/k/a Touchstone Arbitrage Fund), Touchstone Funds Group Trust (Touchstone Credit Opportunities II Fund f/k/a Touchstone Merger Arbitrage Fund), Touchstone Funds Group Trust (Touchstone Merger Arbitrage Fund), Towle Capital Partners II LP, Towle Capital Partners LP, Towle Deep Value Fund, Tradition Securities and Derivatives Inc., Transamerica Asset Management, Inc., Tudor Trading I, LP, Two Sigma Investments LP, U.S. Equity Market Fund, U.S. Equity Market Fund B, U.S. Small Cap Subtrust, US Small Company Fund, USAA Extended Market Index Fund, Unified Series Trust (Symons Small Cap Institutional Fund), Valued Advisers Trust (Foundry Partners Fundamental Small Cap Value Fund), Vanguard Index Funds (Vanguard Extended Market Index Fund), Vanguard Index Funds (Vanguard Small-Cap Index Fund), Vanguard Index Funds (Vanguard Small-Cap Value Index Fund), Vanguard Index Funds (Vanguard Total Stock Market Index Fund), Vanguard Institutional Index Funds (Vanguard Institutional Total Stock Market Index Fund), Vanguard Institutional Total Stock Market Index Trust, Vanguard International Equity Index Funds (Vanguard Total World Stock Index Fund), Vanguard Russell 2000 Value Index Trust, Vanguard Scottsdale Funds (Vanguard Russell 2000 Index Fund), Vanguard Scottsdale Funds (Vanguard Russell 2000 Value Index Fund), Vanguard Valley Forge Funds (Vanguard Balanced Index Fund), Vanguard World Fund (Vanguard Consumer Discretionary Index Fund), Variable Annuity Life Insurance Company I- Small Cap Index Fund, Variable Annuity Life Insurance Company I- Small Cap Special Values Fund, Virtu Americas LLC, Voya Russell Small Cap Index Portfolio, WCFS Inc., Wells Fargo Disciplined Small Cap Fund, WisdomTree U.S. SmallCap Dividend Fund, WisdomTree U.S. SmallCap Fund, Wolverine Asset Management LLC, iShares Europe, iShares MSCI USA Small Cap UCITS ETF, iShares Morningstar Small-Cap Value ETF, iShares Russell 2000 Value ETF, iShares Russell 3000 ETF, Aida Tejero-Decolli, Alison Hemming, Amy Rapawy, Ann Marie C Wilkins, Arlene Starr, Arthur E. Lee, Arundhati Kulkarni, Barbara Kreger, Beth B. Dorfsman, Bryan R. Gilligan, Charles Joseph Pickett, Charles L. Pickett, Christopher R. Cade, Cynthia DiPietrantonio, Cynthia Foy Rupp, Daniel Fishman, Dianne Card, Donna F. Zarcone, Eileen Dunn, Eric Dauwalter, Frances Lukas, Francis X Claps, Francis X. Claps, George Sharp, George M Pacific Select Fund-PD Small-Cap Value Index Portfolio, George M. Klabin, Gerald Hood, Gerald C. Crotty, Gregg Marks, Gregory Clark, Gregory C. Pruden, Heather Harlan, Heather Roussel, Ira Margulies, Ira M. Dansky, Irene A. Koumendouros, Jack Gross, James Capiola, James Chan, James A. Mitarotonda, James T. Ostrowski, Jamie Cygielman, Janet Carr, Janice Brown, Jeff Brisman, Jeffrey Brisman, Jeffrey D. Nuechterlein, Jodi G. Wright, John D'Souza, John D. Demsey, John T McClain, John T. McClain, John W. Deem, Joseph A. Rosato, Joseph R. Gromek, Joseph T. Donnalley, Katherine Butler, Kathleen A. O'Brien Gibber, Kathleen Nedorostek Kaswell, Kimberly Thomas, Larissa Sygida, Laurie J. Gentile, Linda V. Kothe, Lori L. Grace, Lowell W. Robinson, Lynne Bernstock, Mahmood Hassani-Sadi, Mark DeZao, Mary E. Belle, Mary Margaret Hastings Georgiades, Matthew H. Kamens, Michael G. Demko, Mitchel Levine, Nancy L, Lee, Nancy L. Lee, Nicola Guarna, Nicoletta Palma, Ninive Giordano, Norman R Veit, Jr., Norman R. Veit, Jr., Pamela M. Paul, Patricia Kenny, Richard H. Hein, Richard L. Dickson, Robert Rodriguez, Robert Rodriquez, Robert L. Mettler, Robyn Whitney Mills, Rosa Genovesi, Roy Chan, Scott Bowman, Sharon Harger, Sidney Kimmel, Stacey A. Harmon, Stefani Greenfield, Stephen C. Troy, Stuart Weitzman, Susan Duffy, Susan M. McCoy, Susan T Mettler, Suzanne Karkus, Suzanne Maloney, Tami Fersko, Thomas Nolan, Vincent Morales, Wayne Kulkin, Wesley R Card, Whitney L. Smith, Zine Mazouzi against ABC, Wilmington Savings Fund Society, FSB, Marc S Kirschner, Marc S. Kirschner, Mark S. Kirschner. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated November 18, 2020, that 1. The entry of partial final judgment with respect to the Safe Harbor Dismissed Claims in the Pending Actions pursuant to Fed. R. Civ. P. 54(b) is appropriate. The Safe Harbor Dismissed clams are distinct from the remaining claims at issue in the Pending Actions, involving different causes of action and legal issues. The remaining claims in the Pending Actions relate primarily to fiduciary duty claims and fraudulent transfer claims seeking to avoid contractual change in control payments, whereas the Safe Harbor Dismissed Claims primarily concern alleged fraudulent transfers of payments to shareholders and were dismissed under the safe harbor provisions of section 546(c) of the Bankruptcy Code. Likewise, the Safe Harbor Dismissal Claims are primarily brought against Shareholder Defendants who are not Director and Office Defendants or Employee Defendants, and who have been entirely dismissed from this MDL, whereas the defendants remaining in the Pending Actions are certain of the Director and Officer Defendants and Employee Defendants. 2. There is no just reason for delay in the entry of partial final judgment in the Pending Actions with respect to the Safe Harbor Dismissed Claims. All Parties are either in agreement that such a judgment should be entered, or have otherwise not objected despite notice of the request. Moreover, the interest of sound judicial administration and the realization of judiciary efficiency are best served by the entry of partial final judgment and the opportunity for an immediate appeal in the Pending Actions from the issues implicated in the Safe Harbor Order, which will enable a single appeal, instead of multiple appeals, with respect to issues common to both the Dismissed Actions and the Pending Actions that have been fully resolved b this Court. 3. Accordingly, there is no just reasons for delay entering this partial final judgment, pursuant to Fed. R. Civ. P. 54(b), in favor of Defendants with respect to the following Safe Harbor Dismissed Claims in the Pending Actions: Counts V and VI in the amended complaint in 20-cv4262, Dkt. No. 110; Counts IV and V in the amended complaint 20-cv4265, Dkt. No. 53; Counts I and II in the amended complaint in 20-cv4267, Dkt. No. 45; Counts V and VI in the amended complaint 20-cv4287, Dkt. No. 130; Counts IV, V, and VI in the complaint in 20-cv-4292, Dkt. No.1.; Counts I and II in the complaint in 20-cv4335, Dkt. No. 1; Counts V and VI in the complaint in 20-cv4346, Dkt. No. 1; Counts I and II in the amended complaint in 20-cv4433, Dkt. No. 100; Counts V and VI in the amended complaint 20-cv4436, Dkt. No. 134; and Counts I and II in the amended complaint in 20-cv4569, Dkt. No.112; as well as with respect to the following unjust enrichment claims, only with respect to payments made in connection with Jones Group common shares, restricted shares, share equivalent units, and accumulated dividends, but not wither respect to change in control payments; Count IV in the amended complaint 20-cv4262, Dkt. No. 110; Counts III in the amended complaint in 20-cv4265, Dkt. No. 53; Counts IV in the amended complaint 20-cv4287, Dkt. No. 130; Count IV in the complaint in 20-cv4346, Dkt. No. 1; and Count IV in the amended complaint 20-cv4436, Dkt. No. 134. (Signed by Clerk of Court Ruby Krajick on 11/19/2020) (Attachments: # 1 Notice of Right to Appeal)Filed In Associated Cases: 1:20-md-02941-JSR et al. (dt) (Entered: 11/19/2020)
11/18/2020Transmission to Orders and Judgments Clerk. Transmitted re: (152 in 1:20-cv-04436-JSR, 178 in 1:20-cv-04335-JSR, 50 in 1:20-cv-04479-JSR, 34 in 1:20-cv-04289-JSR, 132 in 1:20-cv-04433-JSR, 131 in 1:20-cv-04262-JSR, 94 in 1:20-cv-04286-JSR, 215 in 1:20-cv-04287-JSR, 128 in 1:20-cv-04569-JSR, 31 in 1:20-cv-04434-JSR, 103 in 1:20-cv-04292-JSR, 73 in 1:20-cv-04299-JSR, 70 in 1:20-cv-04265-JSR, 106 in 1:20-cv-04360-JSR, 92 in 1:20-cv-04404-JSR, 70 in 1:20-cv-04440-JSR, 62 in 1:20-cv-04267-JSR, 387 in 1:20-md-02941-JSR, 170 in 1:20-cv-04346-JSR, 45 in 1:20-cv-04480-JSR) Judgment to the Orders and Judgments Clerk. Filed In Associated Cases: 1:20-md-02941-JSR et al..(jwh) (Entered: 11/19/2020)
11/18/2020
  • Order
ORDER CLARIFYING SCHEDULING ORDER. WHEREAS, during a conference with the Court on November 13, 2020 liaison counsel for the shareholder defendants requested that the Court clarify that the provision in its November 10, 2020 Scheduling Order (Dkt. No. 385), and a related docket entry of the same date, providing that each defendant shall answer the operative complaint in such defendant's action no later than December 1, 2020 did not apply to defendants entirely dismissed from these actions by this Court's orders dated August 27, 2020 (Dkt. No. 317) and November 3, 2020 (Dkt. No. 381); IT IS HEREBY ORDERED that any defendant for which all claims against such defendant have been dismissed in these actions need not file an answer to the operative complaint in such defendant's action. SO ORDERED. (Signed by Judge Jed S. Rakoff on 11/18/2020) Filed In Associated Cases: 1:20-md-02941-JSR et al., as per Chambers. (rjm) (Entered: 11/19/2020)
11/18/2020
  • OrderGranted
ORDER GRANTING CERTIFICATION PURSUANT TO FED. R. CIV. P. 54(b) FOR ENTRY OF PARTIAL FINAL JUDGMENT DISMISSING CERTAIN CLAIMS: THE COURT THEREFORE FINDS, CONCLUDES AND ORDERS AS FOLLOWS: The entry of partial final judgment with respect to the Safe Harbor Dismissed Claims in the Pending Actions pursuant to Fed. R. Civ. P. 54(b) is appropriate. Accordingly, the Clerk is hereby directed to enter partial final judgment, pursuant to Fed. R. Civ. P. 54(b), in favor of Defendants with respect to the following Safe Harbor Dismissed Claims in the Pending Actions: Counts V and VI in the amended complaint in 20-cv-4262, Dkt. No. 110; Counts IV and V in the amended complaint in 20-cv-4265, Dkt. No. 53; Counts I and II in the amended complaint in 20-cv-4267, Dkt. No. 45; Counts V and VI in the amended complaint in 20-cv-4287, Dkt. No. 130; Counts IV, V, and VI in the complaint in 20-cv-4292, Dkt. No. 1; Counts I and II in the complaint in 20-cv-4335, Dkt. No. 1; Counts V and VI in the complaint in 20-cv-4346, Dkt. No. 1; Counts I and II in the amended complaint in 20-cv-4433, Dkt. No. 100; Counts V and VI in the amended complaint in 20-cv-4436, Dkt. No. 134; and Counts I and II in the amended complaint in 20-cv-4569, Dkt. No. 112; as well as with respect to the following unjust enrichment claims, only with respect to payments made in connection with Jones Group common shares, restricted shares, share equivalent units, and accumulated dividends, but not with respect to change in control payments: Count IV in the amended complaint in 20-cv-4262, Dkt. No. 110; Count III in the amended complaint in 20-cv-4265, Dkt. No. 53; Count IV in the amended complaint in 20-cv-4287, Dkt. No. 130; Count IV in the complaint in 20-cv-4346, Dkt. No. l; and Count IV in the amended complaint in 20-cv-4436, Dkt. No. 134. (Signed by Judge Jed S. Rakoff on 11/18/2020) Filed In Associated Cases: 1:20-md-02941-JSR et al. (jwh) (Entered: 11/18/2020)
11/6/2020PROPOSED SCHEDULING ORDER. Document filed by Marc S Kirschner, Wilmington Savings Fund Society, FSB. (Attachments: # 1 Letter to Judge Rakoff from Edward A. Friedman).(Friedman, Edward) (Entered: 11/06/2020)
11/3/2020
  • OrderPartial
ORDER granting in part and denying in part [322 in 20-MD-2941] Motion to Dismiss; granting in part and denying in part [325 in 20-MD-2941] Motion to Dismiss; terminating [328 in 20-MD-2941] Motion for Joinder: Upon consideration, the motions are granted in part and denied in part, as further set forth in this order. Lastly, although the Court originally intended to set a schedule for deposition discovery and summary judgment motion practice in this Order, see Dkt No. 20 at 3, in light of the greater knowledge that the parties have of what will be necessary in that regard, the parties are invited to jointly or severally submit their own proposal, provided they do so by no later than Friday, November 6, 2020 at 5:00 p.m. The Clerk of the Court is directed to close docket entries 322, 325, and 328 in 20-md-2941. (Signed by Judge Jed S. Rakoff on 11/3/2020) (jwh) Modified on 11/5/2020 (jwh). (Entered: 11/05/2020)
10/28/2020
  • Order
ORDER, Pending before the Court are defendants' motions to dismiss plaintiffs' remaining claims. Pursuant to the scheduling order, Dkt. No. 20, the Court will decide those motions no later than November 4, 2020. Document discovery must be completed that same day. Id. The Court will grant Tapestry until November 5, 2020 to comply with the subpoena. If, in plaintiffs' view, on November 5, 2020, Tapestry's production is incomplete, plaintiffs' counsel may jointly call Chambers with Tapestry's counsel to renew their motion to compel. SO ORDERED. ( Discovery due by 11/4/2020.) (Signed by Judge Jed S. Rakoff on 10/28/20) Filed In Associated Cases: 1:20-md-02941-JSR et al. (yv) (Entered: 10/29/2020)
10/19/2020Minute Entry for proceedings held before Judge Jed S. Rakoff: ( Oral Argument set for 10/21/2020 at 03:30 PM before Judge Jed S. Rakoff.). The public may dial in to listen :888-363-4735 USA toll free, 215-446-3657 International caller paid, access code 1086415 Associated Cases: 1:20-md-02941-JSR et al.(Kotowski, Linda) (Entered: 10/19/2020)
10/14/2020Minute Entry for proceedings held before Judge Jed S. Rakoff:. The Oral Argument set for 10/21/2020 at 02:00 PM before Judge Jed S. Rakoff will be telephonic. The public may listen in at 888-363-4753 USA toll free, 215-446-3657 international caller paid, access code 1086415. Associated Cases: 1:20-md-02941-JSR et al.(Kotowski, Linda) (Entered: 10/14/2020)
10/5/2020 OPPOSITION BRIEF re: (335 in 1:20-md-02941-JSR) Joinder, Plaintiffs' Opposition to Joinder of the Former Officer Defendants to the Motion to Dismiss of Kathleen Nedorostek Kaswell. Document filed by Marc S Kirschner, Wilmington Savings Fund Society, FSB.Filed In Associated Cases: 1:20-md-02941-JSR et al..(Friedman, Edward) (Entered: 10/05/2020)
10/5/2020 MEMORANDUM OF LAW in Opposition re: (322 in 1:20-md-02941-JSR) MOTION to Dismiss . Plaintiffs' Memorandum of Law in Opposition to Former Officer Defendants' Motion to Dismiss. Document filed by Marc S Kirschner, Wilmington Savings Fund Society, FSB. Filed In Associated Cases: 1:20-md-02941-JSR et al..(Friedman, Edward) (Entered: 10/05/2020)
9/14/2020
  • Motion to Dismiss (Demurrer)
STIPULATION AND NOTICE OF DISMISSAL WITHOUT PREJUDICE OF CERTAIN COUNTS AGAINST CHRISTOPHER R. CADE: IT IS HEREBY STIPULATED AND AGREED, by and between the Parties, as follows: 1. Defendant hereby incorporates herein the representations in the Email, represents that Defendant did not receive any Change in Control Payment or severance payment from Nine West Holdings, Inc., and agrees that the foregoing representations are material to Plaintiffs' agreement to dismiss Counts VI and VII of the First Amended Complaint in No. 20-cv-4265 and Counts m and IV of the First Amended Complaint in No. 20-cv-4267 without prejudice against Defendant, and as further set forth in this stipulation. Pursuant to Federal Rule of Civil Procedure 41(a)(1), Plaintiffs hereby dismiss Counts VI and VII of the First Amended Complaint in No. 20-cv-4265 and Counts III and IV of the First Amended Complaint in No. 20-cv-4267 without prejudice solely against Defendant. (Signed by Judge Jed S. Rakoff on 9/14/2020) Filed In Associated Cases: 1:20-md-02941-JSR, 1:20-cv-04265-JSR, 1:20-cv-04267-JSR (jwh) (Entered: 09/14/2020)
9/14/2020***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. 63 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Jed S. Rakoff for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (dt) (Entered: 09/14/2020)
9/11/2020
  • Motion for Voluntary Dismissalby Π
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Christopher R. Cade. Document filed by Marc S Kirschner. Proposed Order to be reviewed by Clerk's Office staff...(Lack, Robert) (Entered: 09/11/2020)
8/28/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 8/13/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:20-md-02941-JSR et al..(McGuirk, Kelly) (Entered: 08/28/2020)
8/28/2020TRANSCRIPT of Proceedings re: CONFERENCE held on 8/13/2020 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Rose Prater, (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 9/18/2020. Redacted Transcript Deadline set for 9/28/2020. Release of Transcript Restriction set for 11/27/2020.Filed In Associated Cases: 1:20-md-02941-JSR et al..(McGuirk, Kelly) (Entered: 08/28/2020)
8/27/2020OPINION & ORDER re: (88 in 1:20-md-02941-JSR) MOTION to Dismiss Under the Safe Harbor of 11 U.S.C. § 546(e) of Public Shareholder Defendants, (93 in 1:20-md-02941-JSR) MOTION to Dismiss Under the Section 546(e) Securities Safe Harbor on Behalf of Former Director and Officer Defendants: For the foregoing reasons, the Court hereby dismisses all fraudulent conveyance and unjust enrichment claims with respect to payments made in connection with common shares, restricted shares, share equivalent units, and accumulated dividends. The Clerk of the Court is directed to close docket entries 88 and 93 in 20-md-2941. In addition, because all of the claims in the complaints in the following actions have now been dismissed, the Clerk is to enter judgment in favor of defendants in 20-cv-4286, 20-cv-4289, 20-cv-4299, 20-cv-4434, 20-cv-4440, 20-cv-4479, and 20-cv-4480. (Signed by Judge Jed S. Rakoff on 8/27/2020) Filed In Associated Cases: 1:20-md-02941-JSR et al. (jwh) Transmission to Orders and Judgments Clerk for processing. (Entered: 08/27/2020)
8/12/2020
  • Order
ORDER ADMITTING JOSHUA D. N. HESS PRO HAC VICE granting (296) Motion for Joshua D. N. Hess to Appear Pro Hac Vice in case 1:20-md-02941-JSR et al. (Signed by Judge Jed S. Rakoff on 8/12/2020) Filed In Associated Cases: 1:20-md-02941-JSR et al. (jwh) (Entered: 08/12/2020)
8/11/2020>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 58 MOTION for Joshua D. N. Hess to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-21100822. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) (Entered: 08/11/2020)
8/11/2020
  • Motion to Appear Pro Hac Vice
MOTION for Joshua D. N. Hess to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-21100822. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bam Advisor Services, JHF II Strategic Equity Allocation Fund, JHVIT Small Cap Index Trust, JHVIT Small Cap Opportunities Trust, JHVIT Strategic Equity Allocation Trust, John Hancock II Strategic Equity Allocation Small Cap Fund, John Hancock U.S. Targeted Value Fund, John Hancock U.S. Targeted Value Trust, Manulife Financial, Manulife Investment Management (North America) LTD, Russell US Small Cap Equity Fund, SA U.S. Small Company Fund, Schwab Capital Trust, Schwab Fundamental US Small Company Index Fund, Schwab Small-Cap Index Fund, Schwab Total Stock Market Index Fund, Transamerica Asset Management, Inc., USAA Extended Market Index Fund, Variable Annuity Life Insurance Company I- Small Cap Index Fund, Variable Annuity Life Insurance Company I- Small Cap Special Values Fund, JHVIT Small Cap Index Trust, JHVIT Small Cap Opportunities Trust, JHVIT Strategic Equity Allocation Trust, John Hancock II Strategic Equity Allocation Small Cap Fund, Manulife Investment Management (North America) LTD, Bam Advisor Services, SA U.S.Small Company Fund, John Hancock II Strategic Equity Allocation Small Cap Fund a/k/a John Hancock II SEA Small Cap. (Attachments: # 1 Declaration of Joshua Hess, # 2 Exhibit A - California Certificate of Good Standing, # 3 Exhibit B - District of Columbia Certificate of Good Standing, # 4 Text of Proposed Order)Filed In Associated Cases: 1:20-md-02941-JSR et al..(Hess, Joshua) (Entered: 08/11/2020)
7/27/2020 MEMORANDUM OF LAW in Opposition re: (93 in 1:20-md-02941-JSR) MOTION to Dismiss Under the Section 546(e) Securities Safe Harbor on Behalf of Former Director and Officer Defendants. Plaintiffs' Memorandum of Law in Opposition to Former Director and Officer Defendants' Motion to Dismiss Under 11 U.S.C. § 546(e). Document filed by Marc S Kirschner, Wilmington Savings Fund Society, FSB. (Attachments: # 1 Appendix 1)Filed In Associated Cases: 1:20-md-02941-JSR et al..(Friedman, Edward) (Entered: 07/27/2020)
7/27/2020 MEMORANDUM OF LAW in Opposition re: (88 in 1:20-md-02941-JSR) MOTION to Dismiss Under the Safe Harbor of 11 U.S.C. § 546(e) of Public Shareholder Defendants. Plaintiffs' Memorandum of Law in Opposition to Public Shareholder Defendants' Motion to Dismiss Under 11 U.S.C. § 546(e). Document filed by Marc S Kirschner, Wilmington Savings Fund Society, FSB. Filed In Associated Cases: 1:20-md-02941-JSR et al..(Friedman, Edward) (Entered: 07/27/2020)
7/24/2020NOTICE OF APPEARANCE by Brian Christopher Raphel on behalf of Transamerica Asset Management, Inc...(Raphel, Brian) (Entered: 07/24/2020)
7/24/2020NOTICE OF APPEARANCE by Michael S. Doluisio on behalf of Bam Advisor Services, JHF II Strategic Equity Allocation Fund, JHVIT Small Cap Index Trust, JHVIT Small Cap Opportunities Trust, JHVIT Strategic Equity Allocation Trust, John Hancock II Strategic Equity Allocation Small Cap Fund, John Hancock U.S. Targeted Value Fund, John Hancock U.S. Targeted Value Trust, Manulife Financial, Manulife Investment Management (North America) LTD, Russell US Small Cap Equity Fund, Schwab Capital Trust, Schwab Fundamental US Small Company Index Fund, Schwab Small-Cap Index Fund, Schwab Total Stock Market Index Fund, Transamerica Asset Management, Inc., US Small Company Fund, USAA Extended Market Index Fund, Variable Annuity Life Insurance Company I- Small Cap Index Fund, Variable Annuity Life Insurance Company I- Small Cap Special Values Fund, JHVIT Small Cap Index Trust, JHVIT Small Cap Opportunities Trust, JHVIT Strategic Equity Allocation Trust, John Hancock II Strategic Equity Allocation Small Cap Fund, Manulife Investment Management (North America) LTD, Bam Advisor Services, SA U.S. Small Company Fund, SA U.S.Small Company Fund, John Hancock II Strategic Equity Allocation Small Cap Fund a/k/a John Hancock II SEA Small Cap. Filed In Associated Cases: 1:20-md-02941-JSR et al..(Doluisio, Michael) (Entered: 07/24/2020)
7/20/2020
  • Complaintby Π
FIRST AMENDED COMPLAINT amending 1 Complaint, against Christopher R. Cade, Ira M. Dansky, Cynthia Foy Rupp, Mahmood Hassani-Sadi, Richard H. Hein, Ira Martin Dansky Revocable Trust, Thomas Nolan, Pentwater Capital Management LP, Transamerica Asset Management, Inc. with JURY DEMAND.Document filed by Marc S Kirschner. Related document: 1 Complaint,..(Friedman, Edward) (Entered: 07/20/2020)
7/6/2020>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 49 MOTION for Craig A. Benson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-20512937. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) (Entered: 07/06/2020)
7/2/2020
  • Order
ORDER: As per Paragraph 5 of the Order dated June 12, 2020, see ECF No. 20, the Clerk of the Court is directed to unseal the complaints, to the extent they are still sealed, in the actions 20-cv-4262, 20-cv-4265, 20-cv-4267, 20-cv-4286, 20-cv-4287, 20-cv-4289, 20-cv-4292, 20-cv-4299, 20-cv-4335, 20- cv-4346, 20-cv-4360, 20-cv-4404, 20-cv-4434, 20-cv-4436, 20-cv-4440, 20-cv-4479, 20-cv-4480, and 20-cv-4569 (but not the complaint in the 20-cv-4433 action) and replace any remaining pseudonyms with the corresponding names of the defendants contained in the captions of the complaints. Plaintiffs' counsel shall cooperate with the Clerk's Office in carrying out this process as promptly as possible. SO ORDERED. (Signed by Judge Jed S. Rakoff on 7/2/2020) Filed In Associated Cases: 1:20-md-02941-JSR et al. (mml) (Entered: 07/06/2020)
7/2/2020
  • Motion to Withdraw as CounselGranted
MEMO ENDORSEMENT granting (116) Motion to Withdraw as Attorney.; granting (47) Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. (Attorney Harvey W. Gurland, Jr; James J. Coster and Andrew L. Fish terminated in case 1:20-cv-04265-JSR and in case 1:20-md-02941-JSR.) (Signed by Judge Jed S. Rakoff on 7/2/2020) Filed In Associated Cases: 1:20-md-02941-JSR, 1:20-cv-04265-JSR (jwh) (Entered: 07/02/2020)
7/2/2020
  • Motion to Appear Pro Hac ViceGranted
ORDER granting (122) Motion for Craig A. Benson to Appear Pro Hac Vice in case 1:20-md-02941-JSR et al. (Signed by Judge Jed S. Rakoff on 7/2/2020) Filed In Associated Cases: 1:20-md-02941-JSR et al. (jwh) (Entered: 07/02/2020)
7/1/2020
  • Motion to Appear Pro Hac Viceby Δ
MOTION for Craig A. Benson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-20512937. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Christopher R. Cade, Dianne Card, Wesley R Card, Ira M. Dansky, Cynthia DiPietrantonio, Richard L. Dickson, Joseph T. Donnalley, Tami Fersko, Ira Martin Dansky Revocable Trust, John T McClain, Aida Tejero-Decolli, John T. McClain. (Attachments: # 1 Declaration of Craig A. Benson, # 2 Exhibit A - Certificate of Good Standing from the District of Columbia, # 3 Exhibit B - Certificate of Good Standing from the State of Maryland, # 4 Exhibit C - Certificate of Good Standing from the State of New York, # 5 Text of Proposed Order)Filed In Associated Cases: 1:20-md-02941-JSR et al..(Benson, Craig) (Entered: 07/01/2020)
7/1/2020
  • Order
ORDER: This Order addresses an additional housekeeping matter that has not been raised before. In the Order dated June 12, 2020, the Court, among other things, stated: "All counsel who had not appeared in an action prior to its transfer, and all counsel in actions filed originally in this district, must enter a notice of appearance in that action and in 20-MD-2941 and, if necessary, apply for admission pro hac vice." ECF No. 20, at 5. To further clarify, an attorney applying for admission pro hac vice should file such a motion in the 20-MD-2941 docket and "spread" the submission to all cases in which the attorney represents a party. The attorney shall be required to pay the pro hac vice fee for the equivalent of only one case. (Signed by Judge Jed S. Rakoff on 7/1/2020) Filed In Associated Cases: 1:20-md-02941-JSR et al. (jwh) (Entered: 07/01/2020)
7/1/2020
  • Motion
MOTION for Harvey W. Gurland, Jr., James J. Coster, and Andrew L. Fish of Duane Morris LLP to Withdraw as Attorney . Document filed by Pentwater Capital Management LP.Filed In Associated Cases: 1:20-md-02941-JSR, 1:20-cv-04265-JSR.(Weiner, Gregg) (Entered: 07/01/2020)
6/30/2020
  • Motion for Joinder
MOTION for Joinder to Join the Former Director and Officer Defendants Motion to Dismiss and the Public Shareholder Defendants Motion to Dismiss. Document filed by Nicola Guarna, Robert Rodriguez, Robert Rodriguez.Filed In Associated Cases: 1:20-md-02941-JSR et al..(Brennan, Travis) (Entered: 06/30/2020)
6/30/2020>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (142 in 1:20-cv-04346-JSR, 116 in 1:20-cv-04436-JSR, 76 in 1:20-cv-04286-JSR, 48 in 1:20-cv-04287-JSR, 68 in 1:20-md-02941-JSR, 79 in 1:20-cv-04292-JSR, 151 in 1:20-cv-04335-JSR, 96 in 1:20-cv-04262-JSR, 97 in 1:20-cv-04569-JSR) MOTION for Cliff C. Gardner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-20465400. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:20-md-02941-JSR et al.(wb) (Entered: 06/30/2020)
6/24/2020NOTICE OF APPEARANCE by Danielle Elizabeth Tepper on behalf of ABC, Marc S Kirschner, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Marc S Kirschner, ABC, Marc S Kirschner, Marc S. Kirschner, Marc S. Kirschner, Mark S. Kirschner, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Marc S Kirschner, Marc S Kirschner. Filed In Associated Cases: 1:20-md-02941-JSR et al..(Tepper, Danielle) (Entered: 06/24/2020)
6/24/2020NOTICE OF APPEARANCE by Priyanka Kishore Wityk on behalf of ABC, Marc S Kirschner, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Marc S Kirschner, ABC, Marc S Kirschner, Marc S. Kirschner, Marc S Kirschner, Marc S. Kirschner, Mark S. Kirschner, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Marc S Kirschner, Wilmington Savings Fund Society, FSB. Filed In Associated Cases: 1:20-md-02941-JSR et al..(Wityk, Priyanka) (Entered: 06/24/2020)
6/24/2020NOTICE OF APPEARANCE by Shenghao Stan Chiueh on behalf of ABC, Marc S Kirschner, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Marc S Kirschner, ABC, Marc S Kirschner, Marc S. Kirschner, Marc S Kirschner, Marc S. Kirschner, Mark S. Kirschner, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Marc S Kirschner, Wilmington Savings Fund Society, FSB. Filed In Associated Cases: 1:20-md-02941-JSR et al..(Chiueh, Shenghao) (Entered: 06/24/2020)
6/24/2020NOTICE OF APPEARANCE by Jeffrey Carl Fourmaux on behalf of ABC, Marc S Kirschner, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Marc S Kirschner, ABC, Marc S Kirschner, Marc S. Kirschner, Marc S Kirschner, Marc S. Kirschner, Mark S. Kirschner, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Marc S Kirschner, Wilmington Savings Fund Society, FSB. Filed In Associated Cases: 1:20-md-02941-JSR et al..(Fourmaux, Jeffrey) (Entered: 06/24/2020)
6/24/2020NOTICE OF APPEARANCE by Andrew W. Goldwater on behalf of Marc S Kirschner, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Wilmington Savings Fund Society, FSB, Marc S Kirschner, Marc S Kirschner, Marc S. Kirschner, Marc S. Kirschner, Mark S. Kirschner, Wilmington Savings Fund Society, FSB, Marc S Kirschner, Marc S Kirschner, Wilmington Savings Fund Society, FSB. Filed In Associated Cases: 1:20-md-02941-JSR et al..(Goldwater, Andrew) (Entered: 06/24/2020)
6/22/2020
  • Motion for Protective Order
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Jed S. Rakoff on 6/22/2020) (va) (Entered: 06/23/2020)
6/22/2020NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/12/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:20-md-02941-JSR et al..(McGuirk, Kelly) (Entered: 06/22/2020)
6/22/2020TRANSCRIPT of Proceedings re: CONFERNECE held on 6/12/2020 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Jennifer Thun, (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 7/13/2020. Redacted Transcript Deadline set for 7/23/2020. Release of Transcript Restriction set for 9/21/2020.Filed In Associated Cases: 1:20-md-02941-JSR et al..(McGuirk, Kelly) (Entered: 06/22/2020)
6/12/2020
  • Order
ORDER: Upon further consideration of the issues discussed during the telephonic conference held earlier today at 2:00 p.m., see Transcript dated June 12, 2020, the Court sets the following schedule for certain pretrial proceedings in these consolidated actions, and resolves various housekeeping matters in the following manner. 1. By Orders dated June 4, 2020 and June 9, 2020, the Court consolidated 15 cases under the MDL docket 20-MD-2941 for all pre-trial purposes. See 20-MD-2941, ECF Nos. 2, 3. The following four additional related actions are hereby consolidated with all 15 other actions under the MDL docket 20-MD-2941 for all pretrial purposes: Kirschner, et al. v. Robeco Capital Growth Funds - Robeco BP US Premium Equities, No. 20-cv-4479, Kirschner, et al. v. Schwab Capital Trust, No. 20-cv-4480, Kirschner v. Advisors Series Trust (Kellner Merger Fund), et al., No. 20-cv-4433, and Kirschner v. Voya Russell Small Cap Index Portfolio, et al., No. 20-cv-4434. 2. The Court hereby adopts the following (partial) Case Management Plan. (a) Briefs on any anticipated motions to dismiss must be filed on the following bifurcated schedule: (First Round) For any motion to dismiss relating to § 546(e) of the Bankruptcy Code, briefs must be filed on the following schedule: (a) moving papers due June 29, 2020; (b) answering papers due July 27, 2020; and (c) reply papers due August 3, 2020. Oral argument on these motions shall be held on August 13, 2020, at 10:00 a.m. The Court will issue its decision on these motions in writing by no later than August 27, 2020. (Second Round) As to any action not dismissed after the First Round, any motion to dismiss on any other ground must be briefed on the following schedule: (a) moving papers due September 7, 2020; (b) answering papers due October 5, 2020; and (c) reply papers due October 12, 2020. Oral argument on the Second Round of motions will be held on October 21, 2020 at 2:00 p.m. The Court will issue its decision on these motions in writing by no later than November 4, 2020. (b) After plaintiffs' counsel serves those defendants who have not yet been served (which, based on plaintiffs' counsel's representation, the Court expects to be completed by no later than June 19, 2020), plaintiffs' counsel should promptly advise counsel for those defendants that the instant Order and schedule will apply to those defendants as well. If any of these defendants has any objection to that determination, their counsel, along with plaintiffs' counsel, must convene a joint telephonic conference with Chambers pursuant to Rules 1 and 2 of the Court's Individual Rules of Practice by no later than June 26, 2020. (c) These consolidated actions are not stayed after today, and any and all stays entered by district judges in the actions transferred from other districts are hereby lifted. Document discovery and interrogatories pursuant to Rule 33.3(a) of the Local Civil Rules of the Southern District of New York may commence whenever the parties wish, provided that all such document and interrogatory discovery must be completed by November 4, 2020. In its order of November 4 (see above), the Court will set a schedule for deposition discovery and any summary judgment motion practice. 3. To the extent that the parties anticipate seeking confidential treatment for any discovery in this case, they must jointly submit a proposed protective order, substantially in compliance with Judge Rakoff's model protective order, by no later than June 22, 2020. To the extent that there are any conflicts between the confidentiality order to be entered into by the Court on or about June 22, 2020 and the confidentiality order, as amended, entered into by the Bankruptcy Court for the Southern District of New York in In re: Nine West Holdings, Inc., No. 18-10947 (SCC), ECF Nos. 972, 1471, and 1544 (Bankr. S.D.N.Y.), this Courts order will supersede the Bankruptcy Court's order. (If any party deems it necessary and so advises the Court, the Court will withdraw the reference in the aforesaid bankruptcy for the limited purpose of modifying that court's protective order.) 4. Two recently filed actions -- Kirschner v. Advisors Series Trust (Kellner Merger Fund), et al., No. 20-cv-4433, and Kirschner v. Voya Russell Small Cap Index Portfolio, et al., No. 20-cv-4434 -- were filed under seal at the request of plaintiffs' counsel. Plaintiffs' counsel has now advised the Court that 20-cv-4434 no longer needs to be kept under seal. Accordingly, the Clerk of the Court is hereby directed to unseal that action forthwith. As to the other action, the relevant parties are hereby directed to promptly consult with one another to see if this sealing should be lifted. In any event, the Court's present intention, unless convinced otherwise, is to unseal this remaining action on or shortly after June 22, 2020. 5. Inasmuch as it has been represented to the Court that the parties have now resolved the issues that had previously existed concerning the confidentiality of some documents (other than the 20-cv-4433 action referred to in #4) previously filed with the Court under seal, the Clerk of the Court is directed to unseal all such documents and to replace any remaining pseudonyms with the corresponding names of the defendants contained in the captions of the complaints. Plaintiffs' counsel shall cooperate with the Clerk's Office in carrying out this process as promptly as possible. 6. In accord with Rule 2.1(c) of the Procedure of the United States Judicial Panel on Multidistrict Litigation, all counsel who appeared in any of the actions prior to their transfer to this district may continue to represent his or her client and such client need not obtain local counsel. In addition, such counsel need not enter a notice of appearance, provided that they have entered one prior to the transfer, and need not apply for admission pro hac vice. 7. All counsel who had not appeared in an action prior to its transfer, and all counsel in actions filed originally in this district, must enter a notice of appearance in that action and in 20-MD-2941 and, if necessary, apply for admission pro hac vice, as further set forth in this Order. 10. Plaintiffs' unopposed pending motions to dismiss without prejudice Kirschner v. Card, et al., No. 20-cv-4360, and Wilmington Savings Fund Society, FSB v. Card, et al., No. 20-cv-4404, as duplicative of actions earlier commenced by the same plaintiff's against the same defendants and others, are hereby granted. SO ORDERED. (Motions due by 9/7/2020, Responses due by 10/5/2020, Replies due by 10/12/2020. Service due by 6/19/2020. Oral Argument set for 8/13/2020 at 10:00 AM before Judge Jed S. Rakoff. Oral Argument set for 10/21/2020 at 02:00 PM before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 6/12/2020) Filed In Associated Cases: 1:20-md-02941-JSR et al. (mml) (Entered: 06/15/2020)
6/4/2020Case Stayed Associated Cases: 1:20-md-02941-JSR, 1:20-cv-04262-JSR, 1:20-cv-04265-JSR, 1:20-cv-04267-JSR(jwh) (Entered: 06/04/2020)
6/4/2020
  • Order
ORDER: Pursuant to the order of the MDL Panel dated June 2, 2020, see MDL No. 2941, ECF No. 196, the following 13 cases are hereby consolidated for all pre-trial purposes before the undersigned. See Kirschner, et al. v. McClain, et al., No. 20-cv-4262 (JSR) (S.D.N.Y.), and as further set forth in this order. The Court will convene a telephonic conference on June 12, 2020 at 2:00 p.m. (EDT) to set a schedule for any and all pretrial proceedings in these consolidated cases, with the following access information: USA Toll-Free: (888) 363-4735 USA Caller Paid/International Toll: (215) 446-3657 Access Code: 1086415 Until that conference, all matters and proceedings in all these cases are stayed, but any counsel in any of these cases may, if they wish, file electronically with the Court such Status Reports as they deem relevant, apprising the Court of where each case stands and what counsel would like to have considered at the June 12 conference, provided such Status Reports are filed no later than June 10, 2020 at 5:00 p.m. (EDT). Counsel for the various plaintiffs and counsel for the various defendants should also confer prior to June 12 as to suggested arrangements for coordination of counsel and liaison with the Court. (Telephone Conference set for 6/12/2020 at 02:00 PM before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 6/4/2020) Filed In Associated Cases: 1:20-md-02941-JSR, 1:20-cv-04262-JSR, 1:20-cv-04265-JSR, 1:20-cv-04267-JSR (jwh) Transmission to Attorney Services/Help Desk. Transmission to Civil Case Openings Clerk for processing. (Entered: 06/04/2020)
6/4/2020CONSOLIDATED MDL CASE: Create association to 1:20-md-02941-JSR. (jwh) (Entered: 06/04/2020)
6/4/2020CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Jed S. Rakoff. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(sjo) (Entered: 06/04/2020)
6/4/2020NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) (Entered: 06/04/2020)
6/4/2020Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sjo) (Entered: 06/04/2020)
6/4/2020CONSOLIDATED MDL CASE: Create association to 1:20-md-02941-JSR. (sjo) (Entered: 06/04/2020)
6/4/2020CASE ACCEPTED AS RELATED. Create association to 1:20-md-02941-JSR. (sjo) (Entered: 06/04/2020)
6/4/2020Case Designated ECF. (sjo) (Entered: 06/04/2020)
6/4/2020MDL CASE TRANSFERRED IN from the United States District Court - District of Florida Southern; Case Number: 0:20-cv-60343. Original file certified copy of transfer order and docket entries received. (sjo) Modified on 6/4/2020 (sjo). (Entered: 06/04/2020)
6/3/2020Civil Case Terminated per DE 34 Transfer Order. Closing Case. (mc) [Transferred from Florida Southern on 6/4/2020.] (Entered: 06/03/2020)
6/3/2020
  • Order
TRANSFER ORDER (TO-Dated 6/2/2020) transferring case to the Southern District of New York re: MDL 2941 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable Jed S. Rakoff. (Signed by Karen K. Caldwell, Chair). (mc) [Transferred from Florida Southern on 6/4/2020.] (Entered: 06/03/2020)
5/29/2020 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Pentwater Capital Management LP (Gurland, Harvey) [Transferred from Florida Southern on 6/4/2020.] (Entered: 05/29/2020)
4/28/2020
  • OrderGranted
ORDER granting in part 31 Joint Motion of Plaintiff and Defendant Pentwater Capital Management LP to Partially Stay Proceedings. Signed by Judge Rodney Smith on 4/28/2020. See attached document for full details. (mc) [Transferred from Florida Southern on 6/4/2020.] (Entered: 04/28/2020)
4/27/2020
  • Motion to Stayby Δ
MOTION to Stay (Joint Motion of Plaintiff and Defendant Pentwater Capital Management LP to Partially Stay Proceedings Until 30 Days After the Judicial Panel on Multidistrict Litigation's Ruling on the Pending Motion to Transfer for Coordinated and Consolidated Proceedings) by Pentwater Capital Management LP. Responses due by 5/11/2020 (Attachments: # 1 Text of Proposed Order)(Gurland, Harvey) [Transferred from Florida Southern on 6/4/2020.] (Entered: 04/27/2020)
4/1/202030
  • Motion to Extend TimeGranted
PAPERLESS ORDER granting 28 Motion for Extension of Time. The parties shall comply with the Court's Order Requiring Joint Scheduling Report, Certificates of Interested Parties and Corporate Disclosure Statements by May 29, 2020. Signed by Judge Rodney Smith on 4/1/2020. (cbn) [Transferred from Florida Southern on 6/4/2020.] (Entered: 04/01/2020)
4/1/2020NOTICE by Marc S. Kirschner of Plaintiff's Motion Filed with United States Judicial Panel for MultiDistrict Litigation for Transfer of Actions to the District of Massachusetts Pursuant to 28 U.S.C. 1407 for Coordinated or Consolidated Pretrial Proceedings (Attachments: # 1 Exhibit Plaintiff's Motion for Transferof Actions to the District of Massachusetts Pursuant to 28 U.S.C. 1407for Coodinated or Consolidated Pretrial Proceedings, # 2 Exhibit Brief in Support of Plaintiffs' Motion for Transfer of Actions to the District of Massachusetts Pursuant to 28 U.S.C. 1407 for Coordinated or Consolidated Pretrial Proceedings, # 3 Exhibit Schedule of Actions, # 4 Exhibit Declaration of Priyanka Wityk in Support of Plaintiffs' Motion for Transfer of Actions to the District of Massachusetts Pursuant to 28 U.S.C. 1407 For Coordinated or Consolidated Pretrial Proceedings, # 5 Exhibit Civil Docket Sheets and Complaints, # 6 Exhibit Proof of Service of Plaintiff's Motion for Transfer of Actions to the District of Massachusetts Pursuant to 28 U.S.C. 1407 for Coordinated or Consolidated Pretrial Proceedings) (Bos, Andrea) [Transferred from Florida Southern on 6/4/2020.] (Entered: 04/01/2020)
4/1/2020Plaintiff's MOTION for Extension of Time to file Joint Scheduling Report, Certificates of Interested Parties and Corporate Disclosure Statements re 19 Order Requiring Joint Scheduling Report by Marc S. Kirschner. Responses due by 4/15/2020 (Attachments: # 1 Text of Proposed Order Granting Plaintiff Marc S. Kirschner's Unopposed Motion for Enlargement of Time to File Joint Scheduling Report, Certificates of Interested Parties and Corporate Disclosure Statements (Per DE 19))(Bos, Andrea) [Transferred from Florida Southern on 6/4/2020.] (Entered: 04/01/2020)
3/26/202027
  • Motion to Extend TimePartial
PAPERLESS ORDER granting in part and denying in part 22 Defendant Pentwater Capital Management LP's Unopposed Motion for Enlargement of Time to Respond to Plaintiff's Complaint. Pentwater Capital Management LP shall file its response by April 30, 2020. Signed by Judge Rodney Smith on 3/26/2020. (cbn) [Transferred from Florida Southern on 6/4/2020.] (Entered: 03/26/2020)
3/26/202026
  • Motion to Appear Pro Hac ViceGranted
PAPERLESS ORDER granting 24 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Andrew L. Fish. Signed by Judge Rodney Smith on 3/26/2020. (cbn) [Transferred from Florida Southern on 6/4/2020.] (Entered: 03/26/2020)
3/26/202025
  • Motion to Appear Pro Hac ViceGranted
PAPERLESS ORDER granting 23 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney James J. Coster. Signed by Judge Rodney Smith on 3/26/2020. (cbn) [Transferred from Florida Southern on 6/4/2020.] (Entered: 03/26/2020)
3/26/2020
  • Motion to Appear Pro Hac Viceby Δ
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andrew L. Fish. Filing Fee $ 200.00 Receipt # AFLSDC-12658273 by Pentwater Capital Management LP. Responses due by 4/9/2020 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Gurland, Harvey) [Transferred from Florida Southern on 6/4/2020.] (Entered: 03/26/2020)
3/26/2020
  • Motion to Appear Pro Hac Viceby Δ
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for James J. Coster. Filing Fee $ 200.00 Receipt # AFLSDC-12658243 by Pentwater Capital Management LP. Responses due by 4/9/2020 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Gurland, Harvey) [Transferred from Florida Southern on 6/4/2020.] (Entered: 03/26/2020)
3/26/2020
  • Motion to Extend Time to File Responseby Δ
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint by Pentwater Capital Management LP. Attorney Harvey W. Gurland, Jr added to party Pentwater Capital Management LP(pty:dft). (Attachments: # 1 Text of Proposed Order)(Gurland, Harvey) [Transferred from Florida Southern on 6/4/2020.] (Entered: 03/26/2020)
3/12/2020Summons Issued as to Richard H. Hein. (jas) [Transferred from Florida Southern on 6/4/2020.] (Entered: 03/12/2020)
3/10/2020NOTICE of Filing Proposed Summons(es) for Richard H. Hein Rev. Trust U/A 6/12/95 Richard H. Hein, Trustee by Marc S. Kirschner (Attachments: # 1 Summon(s) Proposed Summons for Richard H. Hein Rev. Trust U/A 6/12/95 Richard H. Hein, Trustee) (Bos, Andrea) [Transferred from Florida Southern on 6/4/2020.] (Entered: 03/10/2020)
2/25/2020
  • Order
Order Requiring Joint Scheduling Report Joint Scheduling Report due by 4/6/2020 Signed by Judge Rodney Smith on 2/25/2020. See attached document for full details. (pm) [Transferred from Florida Southern on 6/4/2020.] (Entered: 02/25/2020)
2/24/2020Notice of Pending, Refiled, Related or Similar Actions by Marc S. Kirschner (Bos, Andrea) [Transferred from Florida Southern on 6/4/2020.] (Entered: 02/24/2020)
2/24/2020NOTICE of Attorney Appearance by Andrea Leslie Bos on behalf of Marc S. Kirschner (Bos, Andrea) [Transferred from Florida Southern on 6/4/2020.] (Entered: 02/24/2020)
2/24/2020SYSTEM ENTRY - Docket Entry 16 [misc] restricted/sealed until further notice. (761353) [Transferred from Florida Southern on 6/4/2020.] (Entered: 02/24/2020)
2/24/202015
  • Motion to Appear Pro Hac ViceGranted
PAPERLESS ORDER granting 13 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Robert J. Lack. Signed by Judge Rodney Smith on 2/24/2020. (cbn) [Transferred from Florida Southern on 6/4/2020.] (Entered: 02/24/2020)
2/24/202014
  • Motion to Appear Pro Hac ViceGranted
PAPERLESS ORDER granting 12 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Edward A. Friedman. Signed by Judge Rodney Smith on 2/24/2020. (cbn) [Transferred from Florida Southern on 6/4/2020.] (Entered: 02/24/2020)
2/21/2020 Attorney Edward A. Friedman representing Kirschner, Marc S. (Plaintiff) and Robert J. Lack representing Kirschner, Marc S. (Plaintiff) Activated. (cco) [Transferred from Florida Southern on 6/4/2020.] (Entered: 02/21/2020)
2/21/2020
  • Motion to Appear Pro Hac Viceby Π
Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Robert J. Lack. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See 7 Motion to Appear Pro Hac Vice,, by Marc S. Kirschner. Responses due by 3/6/2020 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Assouline, Eric) [Transferred from Florida Southern on 6/4/2020.] (Entered: 02/21/2020)
2/21/2020
  • Motion to Appear Pro Hac Viceby Π
Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Edward A. Friedman. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See 8 Motion to Appear Pro Hac Vice,, by Marc S. Kirschner. Responses due by 3/6/2020 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Assouline, Eric) [Transferred from Florida Southern on 6/4/2020.] (Entered: 02/21/2020)
2/21/202011
  • Motion to Appear Pro Hac ViceDenied
PAPERLESS ORDER denying 8 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Edward A. Friedman. Local counsel did not file the Motion to Appear Pro Hac Vice as required by Local Rule 4(b) of the Rules Governing the Admission, Practice, Peer Review, and Discipline of Attorneys. The Motion was filed by Attorney Andrea Bos, not Attorney Eric Assouline who is listed on the Motion. Notice of Termination delivered by US Mail to Edward Friedman. Signed by Judge Rodney Smith on 2/21/2020. (cbn) [Transferred from Florida Southern on 6/4/2020.] (Entered: 02/21/2020)
2/21/202010
  • Motion to Appear Pro Hac ViceDenied
PAPERLESS ORDER denying 7 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Robert J. Lack. Local counsel did not file the Motion to Appear Pro Hac Vice as required by Local Rule 4(b) of the Rules Governing the Admission, Practice, Peer Review, and Discipline of Attorneys. The Motion was filed by Attorney Andrea Bos, not Attorney Eric Assouline who is listed on the Motion. Notice of Termination delivered by US Mail to Robert Lack. Signed by Judge Rodney Smith on 2/21/2020. (cbn) [Transferred from Florida Southern on 6/4/2020.] (Entered: 02/21/2020)
2/20/2020
  • Motion to File ComplaintGranted
ORDER granting 6 Motion for Leave to File the Complaint Under Seal. Signed by Judge Rodney Smith on 2/20/2020. See attached document for full details. (cbr) [Transferred from Florida Southern on 6/4/2020.] (Entered: 02/21/2020)
2/20/2020
  • Motion to Appear Pro Hac Viceby Π
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Edward A. Friedman. Filing Fee $ 75.00 Receipt # AFLSDC-12486612 by Marc S. Kirschner. Responses due by 3/5/2020 (Attachments: # 1 Certification of Edward A. Friedman, # 2 Text of Proposed Order Granting Motion for Edward A. Friedman to Appear Pro Hac Vice, Consent to Designation and Request to Electronically Receive Notices of Electronic Filing)(Bos, Andrea) [Transferred from Florida Southern on 6/4/2020.] (Entered: 02/20/2020)
2/20/2020
  • Motion to Appear Pro Hac Viceby Π
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Robert J. Lack. Filing Fee $ 75.00 Receipt # AFLSDC-12486588 by Marc S. Kirschner. Responses due by 3/5/2020 (Attachments: # 1 Certification of Robert J. Lack, # 2 Text of Proposed Order Granting Motion for Robert J. Lack to Appear Pro Hac Vice, Consent to Designation and Request to Electronically Receive Notices of Electronic Filing)(Bos, Andrea) [Transferred from Florida Southern on 6/4/2020.] (Entered: 02/20/2020)
2/18/2020
  • Motion to Sealby Π
Plaintiff's MOTION to Seal Complaint per Local Rule 5.4 by Marc S. Kirschner. (Attachments: # 1 Affidavit Declaration of Priyanka Wityk in Support of Plaintiff's Motion for LEave to File the Complaint Under Seal, # 2 Text of Proposed Order Proposed Order Granting Plaintiff's Motion for LEave to File the Complaint Under Seal) (Bos, Andrea) [Transferred from Florida Southern on 6/4/2020.] (Entered: 02/18/2020)
2/18/2020Summons Issued as to Christopher R. Cade, Ira M. Dansky, Cynthia Foy Rupp, Mahmood Hassani-Sadi, Ira Martin Dansky Revocable Trust, Thomas Nolan, Pentwater Capital Management LP, Transamerica Asset Management, Inc.. (jas) [Transferred from Florida Southern on 6/4/2020.] (Entered: 02/18/2020)
2/14/20204Clerks Notice to Filer re: Electronic Case. Attorney information does not match initiating document. The name of the attorney submitting the complaint does not match the signature on the pdf document. The attorney listed on the initiating document has been added. It is not necessary to re-file this document. (jas) [Transferred from Florida Southern on 6/4/2020.] (Entered: 02/18/2020)
2/14/20203Clerks Notice to Filer re: Electronic Case. Venue on the Civil Cover Sheet not selected. The Clerks Office confirmed Broward (Office - Ft Lauderdale) as the county with the filer. It is not necessary to re-file this document. (jas) [Transferred from Florida Southern on 6/4/2020.] (Entered: 02/18/2020)
2/14/20202Clerks Notice of Judge Assignment to Judge Rodney Smith.

Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent.

Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jas) [Transferred from Florida Southern on 6/4/2020.] (Entered: 02/18/2020)

2/14/2020
  • Motion for Jury Trialby Π
COMPLAINT and Demand for Jury Trial against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-12458778, filed by Marc S. Kirschner. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s))(Bos, Andrea) [Transferred from Florida Southern on 6/4/2020.] (Entered: 02/14/2020)