New York Law School v. Ascot Partners, L.P. et al

Filing 27

MOTION to Vacate 23 Order,,,,,., MOTION to Appoint Jacob E. Finkelstein CGM IRA Rollover Custodian to serve as lead plaintiff(s)., MOTION to Appoint Counsel Wolf Haldenstein Adler Freeman & Herz LLP as Lead Counsel. Document filed by Jacob E. Finkelstein CGM IRA Rollover Custodian, Nephrology Associates, PC Pension Plan. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Miness, Russell)

New York Law School v. Ascot Partners, L.P. et al

Doc. 27

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

In re J. EZRA MERKIN AND GABRIEL CAPITAL CORP. LITIGATION

Consolidated Case Master Docket No.08 CV 10922 (DAB) 09 CV 2001 (DAB) (Nephrology Action) 09 CV 4407 (DAB) (Finkeistein Action)

NOTICE OF MOTION

PLEASE TAKE NOTICE, that upon the annexed Declaration of Russell S. Miness, Memorandum of Law, and (Proposed) Order, movants, Jacob E. Finkeistein CGM IRA Rollover Custodian, supported by Nepbrology Associates, PC Pension Plan, will move this Court located at the Courthouse, 500 Pearl Street, New York, New York 10007, as soon as counsel may be heard for an Order: (1) vacating the Court's Consolidation Order, dated June 25, 2009; (2) appointing Jacob E. Finkelstein CGM IRA Rollover Custodian Lead Plaintiff over claims by investors in Ariel Fund Ltd. pursuant to the Private Securities Litigation Reform Act of 1995 ("PSLRA"); and (3) for the approval of movants' choice of the law firm of Wolf Haldenstein Adler Freeman & Herz LLP as Lead Counsel.
PLEASE TAKE FURTHER NOTICE, that Jacob E. Finkeistein CGM IRA Rollover

Custodian, as the proposed Lead Plaintiff has timely filed its motion and, pursuant to the PSLRA, is the most adequate Lead Plaintiff. Jacob E. Finkelstein CGM IRA Rollover Custodian satisfies the requirements of the PSLRA and Rule 23 of the Federal Rules of Civil Procedure in that its claims are typical of the claims of the Class, and it will fairly and adequately represent the interests of the Class. Movants' choice of counsel should be accepted by this Court because

Dockets.Justia.com

it is a nationally recognized firm with extensive experience and expertise in securities fraud and other class actions. Dated: July 6, 2009 Respectfully submitted,

WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP

By:

Is! Gregory Mark Nespole [e-mail] Russell S. Miness 270 Madison Ave. New York, NY 10016 [phone]
Attorneis for Movants