Bank of New York Mellon Corporation False Claims Act Foreign Exchange Litigation v. Bank of New York Mellon Corporation

Filing 59

NOTICE REQUESTING SUPPLEMENTAL SUBMISSIONS RE DEFENDANTS' MOTION TO DISMISS [re 45 MOTION to Dismiss the Third Amended Complaint CORRECTION OF DOCKET # 31 filed by The Bank of New York Mellon, Bank of New York Mellon Trust Company, N.A.]. Signed by Judge William Alsup on 3/6/2012. (whasec, COURT STAFF) (Filed on 3/6/2012)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 In re BANK OF NEW YORK MELLON CORPORATION FALSE CLAIMS ACT FOREIGN EXCHANGE LITIGATION, Ex rel. FX ANALYTICS, LOS ANGELES COUNTRY EMPLOYEE RETIREMENT ASSOCIATION, LOS ANGELES DEPARTMENT OF WATER & POWER RETIREMENT PLAN, SAN DIEGO COUNTY EMPLOYEES RETIREMENT ASSOCIATION, AND STANISLAUS COUNTY EMPLOYEE RETIREMENT ASSOCIATION, 16 17 18 19 20 21 Plaintiff/Relator/Intervenors, v. No. C 11-05683 WHA NOTICE REQUESTING SUPPLEMENTAL SUBMISSIONS RE DEFENDANTS’ MOTION TO DISMISS THE BANK OF NEW YORK MELLON CORPORATION, BANK OF NEW YORK MELLON TRUST COMPANY, N.A., and DOES 1 through 100, inclusive, Defendants. / 22 23 On February 13, defendants moved to dismiss plaintiffs’ complaint pursuant to FRCP 24 12(b)(6) and (3). A hearing was held on defendants’ motion to dismiss on March 1. Two issues 25 raised in the briefs were not adequately addressed therein or at the hearing. Accordingly, 26 counsel shall provide supplemental briefs of no more than five pages by NOON ON MARCH 12, 27 2012, limited to the following issues: 28 1 1. Defendants’ motion alleges valid and enforceable forum selection 2 clauses contained in defendants’ custody agreements with the LACERA, 3 Stanislaus County, and San Diego County funds. 4 5 (a) Do plaintiffs dispute the existence of valid, enforceable forum selection clauses in the governing agreements? 6 (b) Counsel shall provide authority for why the clauses 7 should or should not be enforced where an action is brought on 8 behalf of the parties pursuant to the CFCA. 9 (c) Do the parties dispute enforceability of the forum 10 selection clauses over non-CFCA state law claims? If so, counsel 11 shall submit relevant authority to support their respective 12 positions. 13 2. 14 15 Defendants’ motion further alleges the existence of a mandatory dispute resolution clause in their custody agreement with LACERA. (a) Do plaintiffs dispute the existence of a valid, 16 enforceable, mandatory dispute resolution clause in the governing 17 agreement between LACERA and defendants? 18 (b) Each party shall submit signed affidavits and 19 supporting documents showing what dispute resolution processes, 20 if any, have been employed, and if any of these processes are 21 pending. 22 23 IT IS SO ORDERED. 24 25 Dated: March 6, 2012. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 26 27 28 2

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