Anwar et al v. Fairfield Greenwich Limited et al

Filing 1376

ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barrett dated 5/6/2015 re: We write on behalf of all parties in the above-captioned action. Pursuant to the Court's direction at the telephone conference on April 30, 2015, the parties have met and conferred concerning their views as to application of the Second Circuit's decision in In re Kingate Management Ltd. Litig., 2015 WL 1839874 (2d Cir. Apr. 23, 2015), to the claims in this action. 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 parties. (Signed by Judge Victor Marrero on 5/6/2015) (lmb) Modified on 5/7/2015 (lmb).

05/06/2015 15:57 FAX

212 446 2350

BOIES.

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BOIES SCHILLER

SCHILLER

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FLEXNER

LLP

575 LEXINGTON AVENUE. 7TH FLOOR• NEW YORK, NY 10022 •PH. 212.446.2300 'FAX [phone]

May 6, 2015

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The Honorable Victor Marrero
United States District Court
Southern District of New York
500 Pearl Street
New York, New York 10007
Re:

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Anwar, et al v. Fairfield Greenwich Limited, et al
Master File No. 09-CV-OO 118 (VM) (FM)

Dear Judge Marrero:
We write on behalf of all parties in the above-captioned action. Pursuant to the Court's
direction at the telephone conference on April 30, 2015, the parties have met and conferred
concerning their views as to application of the Second Circuit's decision in In re Kingate
Management Ltd Litig, 2015 WL 1839874 (2d Cir. Apr. 23, 2015), to the claims in this action.
Following good faith discussions, the parties report as follows:
Plaintiffs agree that under the standards set forth in Kingate, Count 25 of the Second
Consolidated Amended Complaint (Dkt. no. 85), alleging that the Citco Defendants aided and
abetted fraud committed by the Fairfield Defendants, should be dismissed. Plaintiffs do not
believe that any of the other common law claims are precluded by SLUSA under the Kingate
standards.
The PwC Defendants believe that both remaining claims against them (i.e .. Counts 13
and 14) should be dismissed under the Kingate standards.
The Citco Defendants believe that the remaining claims alleged against them (i.e., Counts
20, 21, 22, 23, 24 and 28) should be dismissed under the Kingate standards.
The parties will submit letter briefs presenting their respective positions pursuant to the
1
schedule ordered by the Court.
The Clerk of Court is directed to enter into the public record
of this action the letter above submitted to the Court by

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SO ORDERED.

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