Anwar et al v. Fairfield Greenwich Limited et al

Filing 1338

ENDORSED LETTER addressed to Judge Victor Marrero from Sharon L. Nelles dated 11/14/2014 re: We write on behalf of the Standard Chartered Defendants ("SCB") in response to the November 13, 2014 letter from counsel for the plaintiffs in the Anwar class action, seeking, in effect, permission to submit an amicus curiae brief supporting the efforts of plaintiffs in the SCB Cases to prevent the application of SLUSA to their claims. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Standard Chartered Defendants. The Court will not consider any further correspondence or briefing regarding this matter. (Signed by Judge Victor Marrero on 11/14/2014) (lmb)

11/14/2014 16 13 FAX

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November 14, 2014

By Facsimile
Honorable Victor Marrero,
United States District Judge.
Southern District of New York,
Daniel Patrick Moynihan U.S. Courthouse,
500 Pearl Street,
New York, New York 10007.
Re:

Anwar v. Fairfield Greenwich Ltd-Standard Chartered Cases,

No. 09-CV-118 CS.D.N.Y.) CVM) CFM)
Dear Judge Marrero:
We write on behalf of the Standard Chartered Defendants ("SCB") in
response to the November 13, 2014 letter from counsel for the plaintiffs in the Anwar
class action, seeking, in effect, permission to submit an amicus curiae brief supporting the
efforts of plaintiffs in the SCB Cases to prevent the application of SLUSA to their claims.
(Dkt. No. 1335.) Plaintiffs in the SCB Cases, however, are well represented, and have
been granted 25 pages to reply to SCB' s October 31 letter. Although it is for the Court to
decide whether it would be of assistance to the Court for the Anwar plaintiffs to begin an
additional round of briefing-presumably SCB would be granted opportunity to
respond-on a motion not at all directed to their case, SCB respectfully submits that such
further argument is not necessary and would only delay consideration of the relevant
issues.
The Anwar plaintiffs' request is based on assertions that the Court has
previously ruled on SL USA' s application in the SCB Cases, and that SCB now "urges the
Court to revisit" its 20 l 0 ruling on SL USA in the Anwar class action. (Letter from D.
Barrett, at 1(Nov.13, 2014), Dkt. No. 1335.) Neither assertion is correct. First, the
Court has not ruled on SLUSA' s application to the SCB Cases. This is precisely why the
Court ordered submissions on the issue at the September 29, 2014 pre-summary
judgment motion conference. (Sept. 29, 2014 Conf. Tr. at 45:16-23, Dkt. No. 1349.)
Second, SCB has not requested that the Court revisit its 2010 ruling declining to apply
SLUSA to the Anwar class action, but only to consider the law as it stands today with
respect to the SCB Cases. As set forth in SCB's October 31 submission, SLUSA applies

11/14/2014 18 18 FAX

1212 558 8858

S&C LLP 125 80 26FL

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Honorable Victor Marrero
to the SCB Cases because those cases assert state law claims that SCB induced them to
invest in the Fairfield Funds based on allegedly misleading investment advice. These arc
different claims under different theories than those being pursued by the Anwar plaintiffs,

and these claims fall squarely within SLUSA.

cc:

David A Barrett, Esq.
Standard Chartered Plaintiffs' Steering Committee (by E-mail)
Andrew G. Gordon, Esq. (by E-mail)
Timotlly A. Duffy, Esq. (by E-mail)
Sarah Loomis Cave, Esq. (by E-mail)