Anwar et al v. Fairfield Greenwich Limited et al

Filing 1380

ENDORSED LETTER addressed to Judge Victor Marrero from Timothy A. Duffy dated 5/27/2015 re: I write on behalf of my client, PricewaterhouseCoopers LLP ("PwC Canada"), and defendants (PricewaterhouseCoopers Accountants N.V. ("PwC Netherlands") (collectively, the "PwC Defendants"), and Citco Fund Services (Europe) B.V., Citco (Canada) Inc., Citco Bank Nederland N.V. Dublin Branch, Citco Global Custody N.V., Citco Fund Services (Bermuda) Limited, and The Citco Group Limited (collectively, the "Citco Defendants") (collectively, with the PwC Defendants, "Defendants") pursuant to the Court's Order of May 6, 2015. 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 Citco and PwC defendants. (Signed by Judge Victor Marrero on 5/27/2015) (lmb)

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May27,2015
VIA FAX
Judge Victor Marrero
United States District Court
Southern District of New York
500 Pearl Street
New York, New York 10007
Re:

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

Dear Judge Marrero:
I write on behalf of my client, PricewaterhouseCoopers LLP ("PwC Canada"), and
defendants (PricewaterhouseCoopers Accountants N.V. ("PwC Netherlands") (collectively, the
"PwC Defendants"), and Citco Fund Services (Europe) B.V., Citco (Canada) Inc., Citco Bank
Nederland N.V. Dublin Branch, Citco Global Custody N.V., Citco Fund Services (Bermuda)
Limited, and The Citco Group Limited (collectively, the "Citco Defendants") (collectjvely, with
the PwC Defendants, "Defendants") pursuant to the Court's Order of May 6, 2015.
Defendants and have conferred with each other and with the defendants in the Standard
Chartered cases and exchanged drafts of their anticipated submissions to the Court on the
implications of the Second Circuit's recent decision In re Kingate Management Limited
Litigation, Dkt. No. 11-1397, - F.3d -, 2015 WL 1839874 (2d Cir. April 23, 2015) in an effort to
streamline their respective submissions and avoid duplication where possible.
The submission of the Citco Defendants will summarize the key aspects of the Kingate
opinion and address the application of the Court's holding that claims involved "covered
securities" under the Securities Litigation Uniform Standards Act of 1998 ("SLUSA"). This
information and argwnent is common to all the defendants and wlll not be repeated in the other
defendants' submissions. This submission will also address the application of Kinga1e to the
particular claims pending against the Citco Defendants.
The PwC Defendants' submission will only address in detail the application of Kingate to
the particular claims pending against the PwC Defendants, and the submission of the Standard

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March 27, 2014
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Chartered defendants will be limited to discussing the application of Kingate to the particular
claims made in that litigation.
Defendants understand that the Standard Chartered defendants will be reporting
separately on their conference with the Standard Chartered plaintiffs, as the Anwar parties have
previously done via Mr. Barrett's letter dated May 7, 2015.

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Counsel of Record (via e/mail)