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)

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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) I, Russell S. Miness, hereby certify that on July 6, 2009, I caused a true and correct copy of the (i) Notice of Motion of Nephrology Associates, PC Pension Plan and Jacob E. Finkelstein CGM IRA Rollover Custodian; (ii) the Memorandum of Law in Support of the Motion of Nephrology Associates, PC Pension Plan and Jacob E. Finkelstein CGM IRA Rollover Custodian to Vacate the Consolidation Order and to Appoint Jacob E. Finkelstein CGM IRA Rollover Custodian Lead Plaint ff Over the Ariel Investors' Claims; (iii) the (Proposed) Order to Vacate Consolidation Order, For Appointment of Lead Plaintiff and For Concomitant Selection of Lead Counsel; and (iv) the Declaration of Russell S. Miness and accompanying exhibits to be served electronically on all counsel registered for electronic service for this case. /5/ Russell S. Miness

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