Anwar et al v. Fairfield Greenwich Limited et al

Filing 1540

ORDER SUGGESTING REMAND TO TRANSFEROR COURT: ACCORDINGLY, pursuant to Rule 10.1 (b)(i) of the Rules of the JPML, the Court SUGGESTS that the Panel REMAND the case styled Headway Investment Corp. v. American Express Bank Ltd., No. 09-CV-8500 to its transferor court. (Signed by Judge Victor Marrero on 1/21/2016) Filed In Associated Cases: 1:09-cv-00118-VM-FM, 1:09-cv-08500-VM(lmb)

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t:NITED STATES DISTRICT COUR~-,' SOUTHERN DISTRICT OF ~EW YO K 1 \ _ -=·------ C SD'.\:Y . Jl D :J .L ;. ; ;__ ~' i I PASHAS. ANWAR, et al.. Plaintiff. v. iIr·r rc:r~o~~iC.\LLY nLrD Ii !)()C #: ~-:-fl· L~~~E_I~-!~!·~~~~g Case No. 09-CV-118 (VM) (FM) FAIRFIELD GREE\!WJCH LIMITED, eta!., Defendants. This Document Relates To: Headv.:ay Investment Corp. v. American Express Bank ltd., No. 09-CV-8500 ORDER SUGGESTI~G RE:\-fAl'iD TO TRANSFEROR COURT WHEREAS, by order <lated October 6, 2009, Lhe Judicial Panel on Mullidistrict Litigation (.JPML) transforrcd to this Court the above-captioned action for coordinated pretrial proceedings \Vith several other actions related to investments in Fairfield Sentry Ltd. and/or Fairfield Sigma Lid, feeder fonds to Bernard L. Madoff's Ponzi scheme. WI UC:REAS. Title 28 U.S.C. § 1407, pursuant to which this case was 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 Lrans(crred lo any disLrict for coordinated or consolidated pretrial proceedings .... Each action so transferred shall he remanded hy the panel at nr hefore the conclusion of such pren·ial proceedings to the district from which ii was tran!)ferred unless it shall have been prel'iously terminated. (emphasis added). Although Section 1407(a) provides that the auLh01ity lo remand a case rests entirely with the .IPML, under JPML Rules, the transferee judge may recommend remand of an action. Ruk 10.l(h)(i). WHEREAS, The Court concludes that the purposes behind consolidating this action in Lhis Cowl have now been served. At this time, remand lo the transforor court appears to be in the interest of judicial crficicncy. ACCORDTNGLY, pursuant to R ulc I 0. I (b )l i) of the Rules of the .TP\1L, the Cou1t SUGGESTS that the Panel REMAND the case styled Headway Investment Corp. v. American fa:press Bank ltd., No. 09-CV-8500 to its transferor comt. IT IS SO ORDERED. DaLcd: Y(h'H/b -2-

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