Anwar et al v. Fairfield Greenwich Limited et al

Filing 1531

ENDORSED LETTER addressed to Judge Victor Marrero from Sharon L. Nelles dated 1/5/2016 re: proposed remand for the two Standard Chartered Cases that remain pending at this time. ENDORSEMENT: The Clerk of Court is directed to enter into public record of this action the letter above submitted to the Court by Standard Chartered Defendants. (Signed by Judge Victor Marrero on 1/5/2016) (cdo)

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January 5, 2016

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 v. Fair.field Greenwich Ltd, No. 09-CV-118 (S.D.N.Y.)Standard Chartered Cases

Dear Judge Marrero:

On behalf of the Standard Chartered Defendants and pursuant to the Court's
request, enclosed please find a proposed remand order for the two Standard Chartered
Cases that remain pending at this time: Headway Investment Corp. v. American Express
Bank ltd, et al., No. 09-cv-8500 ("Headway") and Barbachano Herrero v. Standard
1
Chartered Bank International (Americas) Ltd., el al., No. l l-cv-3553 ( ''Barbachano").
We have conferred with counsel for plaintiffs in Headway and Barbachano regarding the
proposed order. Plaintiff in Headway does not object to the form of the proposed order
and the parties agree that it may be entered 'l.ltithout delay. Plaintiff in Barbachano asks
that the Court resolve the outstanding issues concerning her proposed Third Amended
Complaint and request for entry of a partial final judgment pursuant to Fed. R. Civ. P.
54(b) before suggesti.ng remand to the Judicial Panel on Multidistrict Litigation. (See Dkt.
Nos. 1526-27, 1529; December 29, 2015 Letter from Ms. Nelles.) The Standard Chartered
Defendants agree that Barbachano should not be remanded until those issues are resolved.
Respectfully submitted,

A~

Sharon L. Nelles

. rge

eadway (by e-mail)

H. Eugene Lindsey III, counsel for plaintiff in Barbachano (by e-mail)
Pursuant to ECF Rules & Instructions Section 18 .3, a copy of the proposed order
also is being emailed to the Clerk in Microsoft Word fom1at.

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UNITED ST ATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK
PASHAS. ANWAR, et al.,

Plaintiff,
v.

FAIRFIELD GREENWICH LIMITED, et al.,
Defendants.
This Document Relates To:
Standard Chartered Cases Headway Investment Cmp. v. American Express Bank
Ltd., No. 09-CV-8500 and Joaquina Teresa
Barbachano Herrero v. Standard Chartered Bank
Int'! (Americas) Ltd., No. l l-CV-3553.

Case No. 09-CV-118
(VM) (FM)

[PROPOSED] ORDER SUGGESTING REMAND TO TRANSFEROR COURTS
WHEREAS, by orders dated October 6, 2009 and May 20, 201 l, the Judicial
Panel on Multidistrict Litigation (JPML) transferred to this Court the above-captioned actions for
coordinated pretrial proceedings with several other actions related to investments in Fairfield

Sentry Ltd. and/or Fairfield Sigma Ltd, feeder funds to Bernard L. Madoff s Ponzi scheme.
WHEREAS, Title 28 U.S.C. § 1407, pursuant to which these cases were
transferred to this Court, provides in relevant part:
When civil actions involving one or more common questions of fact are pending
in different districts, such actions may be transferred to any district for
coordinated or consolidated pretrial proceedings .... Each action so transferred
shall be remanded by the panel al or before che conclusion of such pretrial
proceedings to the district from which it was transferred unless it shall have been
previously terminated.

(emphasis added). Although Section 1407(a) provides that the authority to remand a case rests
entirely with the JPML, under JPML Rules the transferee judge may recommend remand of an

action. Rule 10.l(b)(i).

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WHEREAS, The Court concludes that the purposes behind consolidating these
related actions in this Court have now been served. The Court has overseen the completion of
discovery and issued rulings on many pretrial issues, including dispositive motions and requests
to amend pleadings. At this time, remand to the transferor courts appears to be in the interest of
judicial efficiency.
ACCORDJNGL Y, pursuant to Rule 10.1 (b)(i) of the Rules of the JPML. the
Court SUGGESTS that the Panel REMAND the following cases to their transferor courts:

Headway Investment Corp.

v.

American Express Bank Ltd., No. 09-CV-8500 and Joaquina

Teresa Barbachano Herrero v. Standard Chartered Bank Int'! (Americas) Ltd., No. 11-CV03553.
IT IS SO ORDERED.
Dated:
Victor Marrero
United States District Judge

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