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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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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,

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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.
/

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On February 13, defendants moved to dismiss plaintiffs’ complaint pursuant to FRCP

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12(b)(6) and (3). A hearing was held on defendants’ motion to dismiss on March 1. Two issues

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raised in the briefs were not adequately addressed therein or at the hearing. Accordingly,

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counsel shall provide supplemental briefs of no more than five pages by NOON ON MARCH 12,

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2012, limited to the following issues:

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1.

Defendants’ motion alleges valid and enforceable forum selection

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clauses contained in defendants’ custody agreements with the LACERA,

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Stanislaus County, and San Diego County funds.

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(a)

Do plaintiffs dispute the existence of valid,

enforceable forum selection clauses in the governing agreements?

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(b)

Counsel shall provide authority for why the clauses

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should or should not be enforced where an action is brought on

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behalf of the parties pursuant to the CFCA.

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(c)

Do the parties dispute enforceability of the forum

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selection clauses over non-CFCA state law claims? If so, counsel

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shall submit relevant authority to support their respective

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positions.

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2.

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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,

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enforceable, mandatory dispute resolution clause in the governing

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agreement between LACERA and defendants?

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(b)

Each party shall submit signed affidavits and

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supporting documents showing what dispute resolution processes,

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if any, have been employed, and if any of these processes are

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pending.

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IT IS SO ORDERED.

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Dated: March 6, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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