Anwar et al v. Fairfield Greenwich Limited et al

Filing 1514

MANDATE of USCA (Certified Copy) USCA Case Number 15-792(L); 15-806(CON). Petitioners have moved, pursuant to Federal Rule of Civil Procedure 23(f), for leave to appeal the district courts order granting Respondents motion for class certification. By letter dated November 20, 2015, Petitioners Citco Group Limited, Citco Fund Services (Europe) BV, Citco (Canada), Incorporated, Citco Global Custody N.V., CITCO Bank Nederland N.V. Dublin Branch and Citco Fund Services (Bermuda) Limited (the Citco Petitioners) informed this Court that the district court has entered a final judgment and order of dismissal of claims asserted in this action against Citco. By letter dated November 30, 2015, Petitioners PricewaterhouseCoopers LLP, PricewaterhouseCoopers Accountants N.V. (the PwC Petitioners) informed this Court that the parties have reached an agreement to settle the underlying case and that they expect to present a formal settlement agreement to the district court for approval within the next few weeks. Upon due consideration, it is hereby ORDERED that the Rule 23(f) petition filed by the Citco Petitioners, docket no. 15-806, is DENIED as moot in light of the district courts final judgment and order of dismissal. It is further ORDERED that the Rule 23(f) petition filed by the PwC Petitioners, docket no. 15-792, is held in abeyance pending the finalization of the partiessettlement and the district courts approval of the settlement. The PwC Petitioners must submit, in 30-day intervals, a letter updating the Court as to the status of their case. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/9/2015. (tp)

Case 15-806, Document 89, 12/09/2015, 1659671, Page1 of 2
94,
UNITED STATES COURT OF 1659921,
APPEALS

MANDATE

FOR THE
SECOND CIRCUIT
____________________________________________

At a Stated Term of the United States Court of Appeals for the Second Circuit, held at
the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on
the 9th day of December, two thousand and fifteen.
Before:

Robert A. Katzmann,
Chief Judge,
José A. Cabranes,
Christopher F. Droney,
Circuit Judges.

1:09-cv-00118-VM-FM

____________________________________
PricewaterhouseCoopers LLP, PricewaterhouseCoopers
Accountants N.V., Citco Group Limited, Citco Fund
Services (Europe) BV, Citco (Canada), Incorporated,
Citco Global Custody N.V., CITCO Bank Nederland
N.V. Dublin Branch and Citco Fund Services
(Bermuda) Limited,
Petitioners,
v.
AXA Private Management, Pacific West Health
Medical Center Inc. Employees Retirement Trust, Harel
Insurance Company Ltd., Martin and Shirley Bach
Family Trust, Natalia Hatgis, Securities & Investment
Company Bahrain, Dawson Bypass Trust, St. Stephen's
School,

ORDER
Docket Nos. 15-792(L); 15-806(Con)

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: _________________
Dec. 09, 2015
DATE FILED: _____________

Respondents.
_______________________________________
Petitioners have moved, pursuant to Federal Rule of Civil Procedure 23(f), for leave to
appeal the district court’s order granting Respondents’ motion for class certification. By letter
dated November 20, 2015, Petitioners Citco Group Limited, Citco Fund Services (Europe) BV,
Citco (Canada), Incorporated, Citco Global Custody N.V., CITCO Bank Nederland N.V. Dublin
Branch and Citco Fund Services (Bermuda) Limited (“the Citco Petitioners”) informed this Court
that the district court has entered a final judgment and order of dismissal of claims asserted in
this action against Citco. By letter dated November 30, 2015, Petitioners
PricewaterhouseCoopers LLP, PricewaterhouseCoopers Accountants N.V. (“the PwC
Petitioners”) informed this Court that the parties have reached an agreement to settle the
underlying case and that they expect to present a formal settlement agreement to the district court
for approval within the next few weeks.
Upon due consideration, it is hereby ORDERED that the Rule 23(f) petition filed by the
Citco Petitioners, docket no. 15-806, is DENIED as moot in light of the district court’s final
judgment and order of dismissal. It is further ORDERED that the Rule 23(f) petition filed by the

MANDATE ISSUED ON 12/09/2015

Case 15-806, Document 89, 12/09/2015, 1659671, Page2 of 2
94,
1659921,

PwC Petitioners, docket no. 15-792, is held in abeyance pending the finalization of the parties’
settlement and the district court’s approval of the settlement. The PwC Petitioners must submit,
in 30-day intervals, a letter updating the Court as to the status of their case.

For The Court:
Catherine O'Hagan Wolfe,
Clerk of Court