Anwar et al v. Fairfield Greenwich Limited et al

Filing 1359

ENDORSED LETTER addressed to Judge Victor Marrero from Richard E. Brodsky dated 3/4/2015 re: This is a request for a conference during which we would seek to raise with the Court its filing with the Judicial Panel on Multi District Litigation a Suggestion of Remand of the Standard Chartered Cases under JPML Rules 10.1 and 10.3. 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 3/6/2015) (lmb)

From: Richard E. Brodsky

To: Hon. Victor Marrero

Fax: [phone]

Fax: +1 i212i 805-6382

THE BRODSKY LAW FIRM,
RICHARD

Page 2 of 3 03/0412015 3:12 PM

PL

E. BRODSKY, ATIORNEY AT LAW

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March 4, 2015

By Facsimile Transmission
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.,
09-cv-118 (VM) (THK)
SC Cases

Dear Judge Marrero:

I am the Liaison Counsel for, and on behalf of, the Standard Chartered
Plaintiffs, in the Standard Chartered Cases.
This is a request for a conference during which we would seek to raise
with the Court its filing with the Judicial Panel on Multi District Litigation a
Suggestion of Remand of the Standard Chartered Cases under JPML Rules
10.1 and 10.3.
The status of the Standard Chartered Cases is as follows:
1.

The first Standard Chartered Case was transferred to this Court
for pretrial procedures in October 2009. (DE 281, Oct. 14, 2009).

2.

All fact discovery was concluded in August 2012.

3.

All expert reports have been clelivel'ecl and all expert discovery
has been concluded_

4_

By letter dated August 29, 2014, the Standard Chartered
requested a conference regarding their desire to file a motion for
summary judgment_ (DE 1314, Sept. 3, 2014).

:).

By letter dated September 12, 2014, the Standard Chartered
Plaintiffs opposed the request for leave to file for summary
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WWW.THEBRODSK YLAWFIRM.COM

786-220-3328 • [e-mail]

From: Richard E. Brodsky

Fax: [phone]

To: Hon. Victor Marrero

Fax: [phone]

Page 3 of 3 03/0412015 3:12 PM

Hon_ Victor Marrero
March 4, 2015
Page 2
judgment on the ground that such a motion would be futile and a
wastl') of party and judicial i·csourccs- (Sealed).
6.

This Court held a hearing on September 29, 2014 on the request
and ordered additional letter briefs. (Unnumbered paperless
order, Sept. 29, 2014).

7.

The Standard Chartered Defendants submitted a letter brief
elated October 31, 2014. (DE 1333, 11/05/14).

8.

The Standard Chartered Plaintiffs submitted a letter brief dated
November 17, 2014. (DE 1349, 117/15).

No order or other direction from the Court has been given. We note,
however, that at the hearing on September 29, 2014, the Court stated its
preliminary view that the Standard Chartered Defendants' showing an
entitlement to summary judgment on the Standard Chartered Plaintiffs'
claims would be an "uphill battle." Transcr., 9/29/14 hrg., 47. As we have
demonstrated, the Standard Chartered Defendants should be declared the
losers of that battle.
With respect, further delay occasioned by the Standard Chartered
Defendants' request for leave to file a futile motion for summary judgment
will cause our clients undue pr(~judice. We respectfully submit that a
conference would enable the Court and the parties to discuss the Court's
sending the ~JPML a suggestion of remand and therefore expedite this matter
in accordance with Fed.R.Civ.P. 1.
Thank you for your careful consideration of this letter.
Sincerely yours,

cc:

SC Plaintiffs' Counsel
SC Defendants' Counsel