Anwar et al v. Fairfield Greenwich Limited et al

Filing 1379

ENDORSED LETTER addressed to Judge Victor Marrero from David A. Barrett dated 5/27/2015 re: We write pursuant to the Court's May 6, 2015 Order to "provide the Court with a preview of the common issues" concerning application of the Court of Appeals' decision in In re Kingate Management Ltd. Litig., 2015 WL 1839874 (2d Cir. Apr. 23, 2015), to the remaining claims in the Anwar and Standard Chartered actions. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiffs. (Signed by Judge Victor Marrero on 5/27/2015) (lmb)

05/27/2015 10:30 FAX

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212 446 2350

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BOIES SCHILLER

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

May 27, 2015

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

Re:

Anwar, et al. v. Fairfield Greenwich Limited, et aL
Master File No. 09-CV-00118 (VM) (FM)

Dear Judge Marrero:
We write pursuant to the Court's May 6, 2015 Order to "provide the Court with a
preview of the common issues" concerning application of the Court of Appeals' decision in In re
Kingate Management Ltd. Litig., 2015 WL 1839874 (2d Cir. Apr. 23, 2015), to the remaining
claims in the Anwar and Standard Chartered actions. See Dkt. No. 13 75 at 2.
Counsel for the plaintiffs in the Anwar and Standard Chartered actions have exchanged
drafts and conferred in good faith regarding the submissions that they will file on May 29, 2015.
Counsel in both actions agree that the common issues include discussion of the Second Circuit's
opinion in Kingate and of case law from the Supreme Court and Second Circuit which led to that
decision. This will be set forth primarily in the letter submitted by the Anwar plaintiffs. Specific
application of the Kingate decision to the claims in Anwar and Standard Chartered presents
differing issues with respect to the two actions and will be dealt in separate letters addressing the
respective claims.
The Clerk of Court is directed to enter into the public. record
of this action th: I tter above submitted to the Court by

Res~ect~u}Jr yours,

~

~~

David A. Barrett

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DATE

cc:

All Anwar and Standard Chartered counsel (by e-mail)

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