Anwar et al v. Fairfield Greenwich Limited et al

Filing 1135

ENDORSED LETTER addressed to Judge Victor Marrero from Richard E. Brodsky dated 5/7/2013 re: I hereby request leave to participate in tomorrow's 11:00 AM telephone conference concerning the effect of the recent Florida Supreme Court decision limiting the economic loss doctrine to product liability cases. ENDORSEMENT: Request GRANTED. (Signed by Judge Victor Marrero on 5/7/2013) (mt) Modified on 6/11/2013 (mt).

From: Ricnard E. Brodsky

Fax: [phone]

To: Vietor Marrero

Fax: [phone]

Pase 2 of 2 517120132:47

THE BRODSKY LAW FIRM, PL
RICHARD

E.

BRODSKY. ATTORNEY AT LAW

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May 7,2013

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Honorable Victor Marrero
United States District Judge
Daniel Patrick Moynihan U.S. Courthouse
500 Pearl Street
New York, New York 10007-1312
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Anwar, et 01. v. Fairfield Greenwich Limited, et al.~
09-clI-JJ8(VM)(THK)

Dear Judge Marrero:
I write on behalf of my clients, Maridom Limited, Caribetrans, S.A., and Abbot
Capital, Inc. (the "Maridom Illaintiffs"), Plaintiffs in one of the Standard Chartered Cases.
I hereby request leave to participate in tomorrow's 11:00 AM telephone
conference concerning the effect of the recent Florida Supreme Court decision limiting
the economic loss doctrine to product liability cases. I had neglected to remember that
in my clients' previous request for leave to amend, I had included a proposed negligence
count. While this Court did not refer to that request in its initial decision to deny leave
to amend, Anwar v. Fairfield Greenwich Ltd., No. 09-cv-118, 2012 WL 1415621 (S.D.N.Y.
Apr_ 13, 2012), it did so in denying our motion for reconsideration, 283 F.R.D. 193, 199
(2012) (holding amendment to add negligence count would be futile "as the Court has
previously held that Florida's economic loss rule would bar claims of negligence arising
from professional services governed by a contractual relationship:/). I apologize for not
having previously brought this matter to the Court's attention.
Thank you for your consideration of this letter.
Sincerely yours,

cc:

Counsel for Standard Chartered Defendants
Counsel for all Standard Chartered Plaintiffs

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