Anwar et al v. Fairfield Greenwich Limited et al

Filing 1301

ENDORSED LETTER addressed to Judge Victor Marrero from H. Eugene Lindsey dated 8/7/2014 re: Counsel for Ms. Barbachano, submits her proposed Second Amended Complaint, which includes a negligence count that merely deletes the word "gross" from her existing gross negligence count, doing so without agreement from opposing counsel, and respectfully requests that the Court grant leave for its filing. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiff Teresa Barbachano. (Signed by Judge Victor Marrero on 8/8/2014) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:11-cv-03553-VM(tn)

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MIAMI

SQUITERO I FAUST

2699 S. BAVSHORE DRIVE
SEVENTH FLOOR
MIAMI. FL 33I33-5408

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305-856-2444
305-285-9227 FAX

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EtECTRONICALLY flLED

August 7, 2014

www.katzbarron.com

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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
Re:

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Anwar, et al. v. Fairfield Greenwich Limited, et al.,
Case No. 09-cv-118 (VM)(THK), Standard Chartered Cases
This correspondence relates to: Barbachano v. Standard Chartered Bank
International (Americas) Limited, et al., 1:11-cv-03553-VM

Dear Judge Marrero:
I write on behalf of Plaintiff Teresa Barbachano, one of the Plaintiffs in the Standard
Chartered Cases ("SC Cases").
On May 8, 2013, the Court granted plaintiffs leave, in light of the Florida Supreme
Court's decision in Tiara Condo Ass'n Inc. v. Marsh & McLennan Companies, Inc., 110 So.3d
399 (Fla 2013), to amend their complaints to re-plead negligence claims that were previously
"dismissed or disallowed on the basis of Florida's economic loss rule as previously applied by
Florida courts." (See Tab A, Dkt. Entry No. 1137 (Order)). In so ruling, the Court advised the
parties to attempt to agree upon a uniform negligence count that covered each Plaintiffs
negligence claim. However, to date, no agreement has been obtained.
Accordingly. Ms. Barbachano requested that counsel for the SC Defendants agree to a
proposed negligence count in her case that merely deleted the word "gross" from her existing
gross negligence count. In other words, her negligence count would be identical to her gross
negligence count with respect to each factual allegation. Thereafter, the parties attempted but
have been unable to reach a stipulation with regard to this matter.
Ms. Barbachano, therefore, respectfully submits her proposed Second Amended
Complaint, which includes a negligence count that merely deletes the word "gross" from her
existing gross negligence count. doing so without agreement from opposing counsel, and
respectfully requests that the Court grant leave for its filing.

KATZ. BARRON. SQUITERO. FAUST. FRIEDBERG. ENGLISH
MIAMI • FT. LAUDERDALE

& ALLEN.PA.

Honorable Victor Marrero
August 7, 2014
Page Two
In addition, we note, in the abundance of caution, that the Court also previously ordered
the dismissal of Count I (state securities law violation under Fla. Stat. §§ 517.301 & 517.211(2)),
Count III (fraud, including fraudulent concealment), and Count V (negligent misrepresentation)
of Ms. Barbachano's Amended Complaint. (See Dkt. Entry No. 995 (Order of Oct. 24, 2012)).
The Court's Order, however, did not expressly state whether the dismissal of those counts was
with or without prejudice. Thus, to preserve Ms. Barbachano's rights, we have included those
counts in the Second Amended Complaint and respectfully request that the Court clarify whether
the dismissal of those counts is with or without prejudice. We have previously requested that
counsel for the SC Defendants agree to our request that the dismissal be deemed with prejudice
so as to protect Ms. Barbachano in any future appeal. However, as we have been unable to reach
a stipulation with respect to Ms. Barbachano' s negligence count, we have also been unable to
reach a stipulation with regard to this procedural issue.
Thank you for your time and consideration of this matter.
Respectfully submitted,
Katz Barron Squitero Faust

cc:

Via E-mail to Counsel in the Standard Chartered Cases with Attachments

SO ORDERED.

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KATZ. BARRON. SQUITERO. FAUST. FRIEDBERG. ENGLISH
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& ALLEN. P.A.
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2699 S. BAYSHOR.E DR.IVE. SEVENTH FLOOR.. MIAMI. FLORIDA 33133-5408 • 305-856-2444 • 305-285-9227 FAX