Anwar et al v. Fairfield Greenwich Limited et al

Filing 1309

ORDER re: (1307 in 1:09-cv-00118-VM-FM, 120 in 1:11-cv-03553-VM) Endorsed Letter, (119 in 1:11-cv-03553-VM, 1301 in 1:09-cv-00118-VM-FM) Endorsed Letter, (1308 in 1:09-cv-00118-VM-FM) Endorsed Letter, (1303 in 1:09-cv-00118-VM-FM) Endorsed Letter. ENDORSEMENT: Accordingly, for the reasons stated therein, Barbachano's request for leave to file a second amended complaint, separate from repleading a uniform negligence count in coordination with all other plaintiffs, is hereby DENIED. (Signed by Judge Victor Marrero on 8/22/2014) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:11-cv-03553-VM (tn)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

------------------------------x
PASHA ANWAR, et al.,
Plaintiffs,
-againstORDER

FAIRFIELD GREENWICH LIMITED,
et al.,
Defendants.

------------------------------x
VICTOR MARRERO, United States District Judge.

Following the Florida Supreme Court's decision in Tiara
Condo Ass'n Inc. v. March & McLennan Cos., Inc., 110 So. 3d
399 (Fla. 2013), the Court, by Order dated May 8, 2013 (Dkt.
No. 1137), granted certain plaintiffs in this case leave to
amend their complaints to replead their negligence claims
that the Court had previously dismissed or disallowed on the
basis of Florida's economic loss rule as it was applied by
Florida courts prior to Tiara.

At a telephone conference on

the same date, the Court directed the plaintiffs to submit a
uniform

negligence

count

that

covered

each

plaintiff's

negligence claim.
In

advance

of

any

such

plaintiff Teresa Barbachano
August 7,
second

2014

amended

(Dkt.

No.

uniform

negligence

(~Barbachano"),

1301),

complaint

Chartered Bank International

count,

by letter dated

requested leave to file a

against

defendants

(Americas)

Ltd.

Standard

and Standard

Chartered PLC (together, "Standard Chartered") in Barbachano
v. Standard Chartered Bank Int'l (Americas) Ltd., et al., 11cv-3553
No.

(S.D.N.Y.).

By letter dated August 11,

2014

(Dkt.

1303), Standard Chartered opposed Barbachano's request.

The Court held a telephone conference on this matter on August
13,

2014.

Barbachano

and

Standard

Chartered

submitted

letters in further support of their respective positions on
August 18,

2014

(Dkt. No.

1307),

and August 21,

2014

(Dkt.

No. 1308), respectively.
The Court has reviewed the parties'

submissions listed

above and its previous decisions in this matter.

The Court

remains persuaded that it sufficiently considered and rejected
the matter Barbachano raises in her proposed amended complaint
in the Court's prior decision in Anwar v. Fairfield Greenwich
Ltd., 891 F. Supp. 2d 548, 552 (S.D.N.Y. 2012).

Accordingly,

for the reasons stated therein, Barbachano's request for leave
to file a second amended complaint,
a

uniform negligence

count

separate from repleading

in coordination with all

other

plaintiffs, is hereby DENIED.
SO ORDERED.

Dated:

22 August 2014
New York, New York

~

VVICTORMARRERO
U.S.D.J.
2