Anwar et al v. Fairfield Greenwich Limited et al

Filing 1337

ENDORSED LETTER addressed to Judge Victor Marrero from Jeffrey R. Sonn dated 11/13/2014 re: We write as counsel for the individual parties known as the Standard Chartered Plaintiffs. This letter is sent to supplement the letter of even date from Richard E. Brodsky, Liaison Counsel for the Standard Chartered Plaintiffs. We write this letter with the full intent of preserving intact the confidentiality of communications protected by the attorney-client privilege and of attorney work-product. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Standard Chartered plaintiffs. (Signed by Judge Victor Marrero on 11/14/2014) (lmb)

11/13/2014 15 25 FAX

9547631866

llJ

002/003

Sonn & Erez, PLC
ATIORNEYS & COUNSELORS

Soutbeast Piaa.nc:ial Center
200 South Biscayne Blvd., Suite 4330
Miami, FL 33131
Telephone: (954) 763 - 4700
Telephone: (305) 428 - 8530
Facsimile: (954) 763 -1866
JEFFREY R. SONN, ESQ.
JEFFREY EREZ. ESQ.
STEFAN APOTHEKER, ESQ.
JENNIFER POOLE l"AB.RAI\ ESQ,
BRIAN PASTO~ ESQ., OF COUNSEL*

ADAM NATIV, ESQ.
MICHAEL G. RAPAPORT, l-::SQ.
DEBORAH L SCHWARTZ, ESQ.

* admitted i11 FJ~rida 1111tl Georgia

. L~DC SD:\Y
DOCl' \ 1L:\T
November 11, 2014

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Honorable Victor Marrero, United States District Judge
Daniel Patrick Moynihan United States Courthouse,
500 Pearl Street,
New York, New York 10007

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

Dear Judge Marrero:
We write as counsel for the individual parties known as the Standard Chartered Plaintiffs.
This letter is sent to supplement the letter of even date from Richard E. Brodsky, Liaison Counsel
for the Standard Chartered Plaintiffs. We write this letter with the full intent of preserving intact the
confidentiality of communications protected by the attorney-client privilege and of attorney workproduct.

Counsel for Standard Chartered, in her October 31, 2014 letter to the Court, made the
following statements;
Finally, plaintiffs' claims here are based on alleged wrongdoing originally pled as
federal securities fraud claims. Knowing that their allegations fail to meet the
requirements of the PSLRA, plaintiffs have tried to avoid dismissal by filing
complaints asserting only state law claims. This is precisely what SL USA says you
cannot do-it is SLUSA's purpose 'to negate the artful pleading by which cenain
plaintiffs evaded the dictates of the PSLRA..' (Letter, 8-9)
Indeed, SLUSA's remedial purpose would be undermined completely if plaintiffs
could evade it simply by engaging separate counsel and claiming lack of intent to
'join.' (Letter, 11-12)

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8547631866

Honorable Victor Marrero
November 1~, 2014
Page 2
We wish to reaffinn to this Court the following. As Mr. Brodsky's letter states, the
undersigned counsel did not coordinate with the lawyer for any other SC Plaintiff in bringing the

cases brought by the undersigned. In the case of those counsel who have filed more than one lawsuit
(Jones & Adams, P.A., Marko & Magolnick, P.A., and Curran & Associates, P.A.), there was no
coordination among that counsel's individual clients (except those joined in a single lawsuit).
Individual decisions were made to bring separate lawsuits predominantly alleging breach of fiduciary
duty and negligence. All counsel who brought lawsuits before 50 plaintiffs' claims had been
made-i.e., all counsel besides Mr. Curran-did so with no knowledge, or the ability to know or
believe, that, eventually, there would be more than 50 individual SC Plaintiffs.
Thank you for consideration of this letter.

Very truly yours,

JRS/mjd

SO ORDERED.