Anwar et al v. Fairfield Greenwich Limited et al
Filing
1426
ENDORSED LETTER addressed to Judge Victor Marrero from Sharon L. Nelles dated 10/7/2015 re: We write on behalf of Standard Chartered plc and Standard Chartered Bank International (Americas) Ltd. ("SCBI," and together with Standard Chartered pie, the "Bank") to request a pre-motion conference concerning dismissal of the case captioned Ricardo Rodriguez Caso v. Standard Chartered Bank International (Americas) Ltd., et al., No. 10- CV-9196 (S.D.N.Y.) ("Caso"). ENDORSEMENT: Plaintiff Ricardo Caso is directed to respond by 10-13-15 by letter not to exceed two pages, to the matter set forth above by defendants SCBI, showing cause why the relief requested should not be granted. (Signed by Judge Victor Marrero on 10/8/2015) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:10-cv-09196-VM(lmb) Modified on 10/9/2015 (lmb).
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SULLIVAN & CROMWELL LLP
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October 7, 2015
By Facsimile
Honorable Victor Marrero,
United States District Judge,
Daniel Patrick Moynihan United States Courthouse,
500 Pearl Street,
New York, New York 10007.
Re:
Anwar. et al. v. Fairfield Greenwich Ltd.. et al., No. 09-CV-118
(S.D.N.Y.) -- Caso v. S1andard Charlered Bank International
(Americas) Ltd, et al., No. 10-CV-9196 (S.D.N,Y.)
Dear Judge Marrero:
We write on behalf of Standard Chartered plc and Standard Chartered Bank
International (Americas) Ltd. ("SCBI," and together with Standard Chartered pie, the "Bank") to
request a pre-motion conference concerning dismissal of the case captioned Ricardo Rodriguez
Caso v. Standard Chartered Bank lnrernational (Americas) Ltd., et al., No. 10-CV-9196
(S.D.N.Y.) ("Caso").
As the Court will recall, Mr. Caso filed a putative class action complaint against
the Bank.on December 9, 2010. (See Dkt. No. 1, No. 10-CV-9196.) On May 18, 2012, the
Court granted the Bank's motion to compel Mr. Caso to arbitrate his individual claims, and
ordered that the Caso action be "stayed pending completion of arbitration." (Dkt. No. 882.) One
year later, on May 7, 2013, Mr. Caso initiated an arbitration before the American Arbitration
Association (the "AAA") asserting putative class claims. 1 On June 12, 2013, in response to the
The arbitration case docket is
https://www.adr.org/aaa/faces/services/disputeresolutionservices/casedocket/casedocketdetails?d
oc=ADRSTAGE201521 l&_afrLoop=l29731809126400&_afrWindowMode=O&_afrWindowid
=6tzora2xf_64#%40%3F _afrWindowld%3D6tzora2xf_64%26_afrLoop%3Dl29731809126400
%26doc%3DADRSTAGE2015211%26_afrWindowMode%3D0%26_adf.ctrlstate%3 D6tzora2xf 14 1.
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Honorable Victor Marrero
Bank's motion to enforce the May 18, 2012 Order, the Court precluded Mr. Caso from
arbitrating his claims on a class basis. Anwar v. Fairfield Greenwich Ltd, 950 F. Supp. 2d 633,
637 (S.D.N.Y. 2013). 2
On June 20, 2013, in light of the Court's Order, the AAA terminated the class
action proceeding. (June 20, 2013, E-mail of Jonathan Weed, attached as Exhibit A at 2.) The
notice of termination allowed Mr. Caso, at his request, "'two weeks to consider the ramifications
of the court's ruling" and indicated that the AAA would "await further word from Claimant on or
before July 5, 2013." (ld.) More than six months later, on January 29, 2014, counsel for
Mr. Caso informed the AAA that Mr. Caso would "pursue any further proceedings in individual
arbitration and this matter may be closed," which it was. (January 29, 2014, E-mail of Jonathan
Weed, Exhibit A at 1.) Mr. Caso thereafter did not pursue individual arbitration against the
Bank.
Because Mr. Caso's putative class arbitration was terminated and closed by the
AAA more than a year-and-a-half ago, and because no individual arbitration was commenced,
there is no need to maintain this action under Section 3 of the Federal Arbitration Act. See
9 U.S.C. § 3 (authorizing a stay of a federal action "until such arbitration has been had in
accordance with the terms of the agreement"). Further, because there are no class claims to be
adjudicated by this Court, there is nothing more to be done in this matter. See Oklahoma
Firefighters Pension & Retirement Sys., 951 F. Supp. 2d 479, 493-94 (S.D.N.Y. 2013) (dismissal
of class action appropriate where no named plaintiff with standing). As such, the Bank
respectfully requests that the Court lift the stay and dismiss the Caso action.
Respectfully submitted,
~;/
Sharon L. Nelles
(Attachments)
cc:
2
Gaytri D. Kachroo (by e-mail)
David Stone (by e-mail)
Standard Chartered Plaintiffs' Steering Committee (by e-mail)
Mr. Caso moved for reconsideration of the Court's June 12, 2103 Order, which the Court
denied on July 23, 2013. (Dkt. No. 1166.)
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Exhibit A
From:
Sent:
To:
Subject:
Jonathan Weed
Wednesday. January 29, 2014 5:55 PM
Finn, Andrew J.; dstone@stonemagnalaw.com; tbattin@straus-boies com;
dstone@stonemagnalaw.com; dmee@stonemagnalaw.com;
dharrison@stonemagnalaw.com; gkachroo@kachroolegal.com;
rmcintyre@kachroolegal.com; ms.chirmer@straus-bois.com; Neuhaus. Joseph E.; Nelles.
She1ron L.; McGimsey, Diane L.; Berarducci, Patrick S.; Gallegos. Stanton R.
Closing file - Caso v. Standard Chartered Bank International (Americas) Ltd -- No. 11
516 y 653 13
Dear Counsel,
Please note that my contact information has changed All communications should be directed to weedj@adr org or my
new phone number, (401) 431-4745.
This will confirm a telephone conversation on this date with Ms. Mcintyre, wherein she confirmed that Claimant will pursue
any further proceedings in individual arbitration and this matter may be closed. Accordingly, the Association has closed its
file.
Please note that the physical case file will be destroyed six (6) months after the date of this letter. In the normal course of
our administration, the AAA may maintain certain documents in our electronic records system. Such electronic records
are not routinely destroyed and do not constitute a complete case file.
A statement will follow reflecting all financial activity in this matter.
We appreciate the opportunity to assist the parties in the resolution of this matter
Sincerely,
~ Jonathan Weed
. . Manager of AOR Services
American Arbitration Association
950 Warren Ave.
East Providence, RI 02914-1414
www.adr.org
T:401 431 4745
F:866 644 0234
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