Anwar et al v. Fairfield Greenwich Limited et al

Filing 1237

ENDORSED LETTER: addressed to Magistrate Judge Frank Maas from Diane L. McGimsey dated 12/3/2013 re: For the foregoing reasons, the parties respectfully submit that there is no present need for a case management conference as the schedules for the Actions have been established by prior orders. The parties therefore jointly request that the Court vacate the Order. Thank you for your consideration of this matter. ENDORSEMENT: As requested my order dated 11/15/2013 (ECF No. 1222) is vacated. So Ordered. (Signed by Magistrate Judge Frank Maas on 12/3/2013) (js)

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December 3, 2013

By Facsimile
The Honorable Frank Maa8,
United States Magistrate Judge,
Daniel Patrick Moynihan United States Courthouse,
500 Pearl Street,
New York, New York 10007.

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Anwar v. Fairfield Greenwich Ltd.,
No. 09-CV-118 (S.D.N.Y.) - Standard Chartered Cases

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Dear Judge Maas:
We write on behalf of the Standard Chartered Defendants ("Standard Chartered"),
and with the consent of plaintiffs Emilio Diaz, Bernardo J. Rosental, Lyac Venture Corporation,
Sara Boltvinik de Uziel, TRE-C, S.A. and Skyworth Products Limited, concerning the
November 15.. 2013 Order for Conference Pursuant to Rule 16(a) (Dkt. No. 1222) (the ·'Order"),
which schedules a case management conference for six cases (the "Actions") that are part ofthis
MOL proceeding. 1 The parties respectfully submit that a case management conference is
unnecessary at this time because the Actions are "Standard Chartered Cases" that are subject to
the schedules already in place in this consolidated proceeding.
The Second Amended Scheduling Order Regarding Standard Chartered Cases
(Dkt. No. 609), states that the schedule established therein applies to "all actions involving the
Standard Chartered Defendants that are nOW or that subsequently shaH be fi]ed in this Court, or
transferred to this Court pursuant to 28 U.S.C. § 1407(3), for pretrial proceedings that are
consolidated and/or coordinated with the Anwar Action." (Second Amended Scheduling Order,
Dkt No. 609 at 3.) The Actions involve the Standard Chartered Defendants, were transferred to

These cases are Rosenfal v. Standard Chartered Bank International (Americas) Ltd, 12
Civ. 9421; Diaz v. Standard Chartered Bank International (Americas) Ltd, 12 Civ. 9146;
Lyac Venture Corp. v. Standard Chartered Bank International (Americas) Ltd, 12 Civ.
9422; De Uziel v. Standard Chartered Bank International (Americas) Ltd., 12 Civ. 9423;
Skyworth Products Ltd. v. Standard Chartered Bank International (Americas) Ltd., 12
Civ. 9427; and TRE-C, S.A. v. STandard Chartered Bank internafional (Americas) Ltd.,
12 Civ. 9425.

· ",'03/2013 1728

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12125583358

141 003/003

S&C llP 125 80 28Fl

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The Honorable Frank Maas

this Court pursuant to 28 U.S.C. § 1407(3) (see Finalized Conditional Transfer Order, In re:
Fairfield Greenwich Grp. Sec. Litig., 09~md-2088 (Dec. 27,2012) (Dkt. No. 169)), and have
been consolidated with the Anwar action for pretrial proceedings (Order, dated Jan. 3,2013 (Dkt.
No. 1018)).
In keeping with the schedule established in the Court's prior orders, the parties to
the Actions have stipulated that certain claims asserted by plaintiffs in the Actions required
dismissal under the Court's prior decisions. (Stipulation and Order Striking Allegations and
Deferring Discovery in Specified Standard Chartered Cases, dated Sept. 18,2013, at 2,4-5 (Dkt.
No. 1193).) With respect to discovery, although general fact discovery in the Standard Chartered
Cases closed on May 4.2012, under the Scheduling Orders plaintiffs will receive the benefit of
prior fact discovery and ongoing expert discovery conducted on their behalf by the Standard
Chartered Plaintiffs' Steering Committee, which was appointed to "represent the Standard
Chartered Plaintiffs in any discovery-related matter"Z (Second Amended Scheduling Order at 4).
In addition, the parties have stipulated. and Judge Marrero has ordered, that plaintiff-specific
discovery will be deferred pending the resolution of dispositive motions regarding a subset of the
Standard Chartered Cases as set forth in the March 2, 2012 Stipulation and Order Regarding
Discovery in Specified Standard Chartered Cases. (See Dkt, No. 1193 at 4-5.)
For the foregoing reasons, the parties respectfully submit that there is no present
need for a case management conference as the schedules for the Actions have been established
by prior orders. The parties therefore jointly request that the Court vacate the Order. Thank you
for your consideration of this matter.
Respectfully

submitted~

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Diane L. McGimsey
cc:

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Laurence E. Curran III, Counsel to Plaintiffs in the Actions and Member of the Standard
Chartered Plaintiffs' Steering Committee (via e-mail)

This is confirmed by the Stipulation and Order Appointing Standard Chartered Plaintiffs'
Steering Committee, which empowers the Steering Committee to "conduct all discovery
on behalf of all plaintiffs in the Standard Chartered Cases," including "cases that have not
yet been filed in or transferred to this Court." (Dkt. No. 602 at 1, 3.)