Anwar et al v. Fairfield Greenwich Limited et al

Filing 609

SECOND AMENDED SCHEDULING ORDER REGARDING STANDARD CHARTERED CASES:Fact Discovery due by 3/2/2012. (Signed by Magistrate Judge Theodore H. Katz on 2/3/11) (djc)

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UNITED STATES DISTRICT COURT . SOUTHERN DISTRICT OF NEW YORK!'
PASHA S, ANWAR, ef ai"
Plaintiffs,
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v.

FAIRFIELD GREENWICH LIMITED, et ar,
Defendants.

I Master

File No. 09-cv-118 (VM) (THK)

This Document Relates To: All Stnndard
Chartered Cases.

SECOND AMENDED II·"8P8Sf!lrB] SCHEDULING ORDER
REGARDING STA.;"mARD CHARTERED CASES

WHEREAS, on January 29, 2010, this Court entered the Initial Scheduling Ordcr

Regarding Standard Chartered Cases I;
WHEREAS, on February 1, 20 10, this Court entered the Amended Schcdu ling

Order Regarding Standard Chartered Cases;

AI the time the Initial Scheduling Order Regurding S:anuW"d Chartered Cases and the Amended Scheduling Order were I;!ntered, tile Standard Charll:red Ca~es collectively included: Headway
lnvesfrnCT/(

Corporalion v. Amnice", f:xpre.\'s Bank Ltd. el of. No. 09CVR500 ("Headway");

Ricardo Lopez y Standard Chartered Bank Inlerna/ional (Americas) Lid., el al., No. IO·CV
00919 ("Lopez"); j\.fariduni LId., ~r "I v. S/(wcianJ Charlel~d Bunk In/ernuliu"",1 (Americas) Ltd.

No. HI-CV -00920 (""laridom"). and Val/ado lid y, American Express BalIk LId, No. 09-CV
00<,137 ("VaUadolid"), a~ well as two addl:}onal cases that subsequently were dismissed by the Court (Bha/ia y. Siandad Chal1ered 1T/lernaUamtl (USA) Ltd.. el al .. No 09·CV-24 10. lind Tradewaves Ltd. l' Slandara Charlered Ili/ernational (USA) LId" el al. . No Q9-CV-9423). The

term "Standard Char',er"d Cases"

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used in tillS Order

j,

defined in puragraph I orll,is Order

WHEREAS, on March 10,2010, the Standard Chartered Defendants 2 filed

unified motions to dismiss in certain cases that contained claims ane issues common among many of the Standard Chartered Cases;
WHEREAS, the Court denied in part and granted in part the Standard Chartered

Dcii:ndants' unified motions to dismiss aCl:ording to four Decisions and Orders entered on September 14, 2010, October 4,2010, November 16, 20JO, and November 23, 2010 (the "MTD Decisions and Orders");
WHEREAS, on November 24, 20 I 0 and November 29, 20 I0, the Standard Cbartered Defendants filed answers to the complaints that survived motions to dismiss; WUERJ.:AS, several additional Standard Chartcred Cases have been filed against

tbe Standard Chartered Defendants in this Court and in the United States District Court
for the Southern District of Florida-~including no less than seventeen cases filed after the Court issued its MTD Decisions and Orders--many, but not all, of which raise the same

or similar claims and issues addressed in thc MTD Decisions and Orders;
WHEREAS, additional Standard Cho.rtcred Cases may be filed in or Iransfcrrcd

to this Court in the future for pretrial proceedings that are consolidated and/or
coordinated with Anwar v. Fairfield Grel:!nwich Limrted (Ihe "Anwar Action");
Wln~REAS,

the Standard Chartered Cases have proceeded in an open and

notonous manner; the Standard Chartered Dcfendants have challenged and re.ponded to
the fust-fIled complaints; and the Court, through the MTD Del:isiullS anu Orders, has
The Standard Chartered Deremlants include: Standard Chanered Bank. International (Amencas) Ltd.· Standard Charlcrcd Bank. Standard Chartered PLC, Standard Char1cred International (USA) Ltd., Carlos Gadllill Maria, Raul N Mas, Robert Friedman, Rodolfo Pages, John G. Dutkow,.k,. an:! Luisa Serena. As used herein, "Standard Charlercd Defendants" also includes any other entity or indi\'idu61 currently or to-be named as a defendant io a Standard Chartered Case that is affiliated with Standard Chartered J1ank or a current (]f former employce.' of St,mdard Chartered Bank or any of its ufliJiutc,.

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pruvided clear guidance on many of the claims and issues common to the Standard
Chartered Cases;

WHEREAS, tl'Je Standard Chartered Cases are ready to proceed to discovery and
discovery should proceed in a manner consistent with the coordination and efficiency thaI is the goul of any large multidistrict litigation; and

WHEREAS, pursuant to the Court's February 1,2010 Amended Scheduling
Order Regarding Standard Chartered Cases, the parties have met and conferred, and followmg the meet and confer process have prepared (i) this proposed Si.:heduling order, (it) a propost:d order governing confidentllilily of discovery material (the "Confidentiality Order"), and (iii) a proposed order appointing a plaintiffs' steering committee for the Standard Chartered Ca~es (the "Steering Committee Order");

NOW, THEREFORE, IT IS HEREBY ORDERED that the Initial

Sch~dulillg

Order Regarding Stlmdard Chartered Cases, and the Amended SCheduling Order Regarding Standard Chartered Cases, are supplemented and amended as follows;

Scope of Tbis Order
I.
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This scheduling order (the "Second Amended Scheduling Order") applies

all actions involving the Standard Chal1crcd Defendants that an: now or that

subsequently shall be filed in this Court, or tran~ferred to this Court pursuant to 28 U.S.c.
§ 1407(3), for pretrial proceedings that arc consolidated andlor coordmated with the
AmWlr Action (collcctivt:ly, the "Standard Chartered Cases").

2,

Except with respect to the parties' obligations to provide initial

disclosures under Fed. R. Civ, P. 26(a)( 1) as set forth herem, this Second Amended Scheduiing Order shall Dot take effect or create any obligations on parties in the Standard

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Chartered Cases until this Court enters a Stccling Committee Order appointing the

Standard Chartered plaintiffs' steering commit1ee (the "Steering Cnmmittee").

3.

Pretrial proceedings in the Standard Chartered Cases shall proceed in

accordance with the schedule regarding pretrial discovery set forth below, except as
othcrwi~e

set forth in this Second Amended Scheduling Order or otherwise ordered by

this Cour!.
Discovery in All Standard Cbartered Cases
4. The Steering Committee shall coordir.ate discovery on behalf of all

plaintiffs in the Standard Chartered Cases (the "Standard Chartered Plaintiffs"). The

Steering Committee shall be charged with negotiating and propounding coordinAted
discovery requests on beha:f of the Standanl Chartered Plaintiffs. The Steering Committee shaJl represent Ule Standard Chartered Plaintiffs m any dIscovery-related maHer, including discovery issues before the Court. The parties have submitted for the Court's consideration a Stipulation and Proposed Order constituting the Steering Conullittee and setting forth its duties.

Fact Discol'cry in All Standard Chartered Cases
5. No party is obligated to produce any documents or information until the

Court enters the proposed Confidentiality Order. 6. Initial disclosures under Fed. R. Civ. P. 26( a)( I) shall be made by the

Standard Chartered Plaintiffs and Standard ChartL'Ted Defendants within 14 days ofthe

Court entering the Confidentiality Order. Any other party in the Anwar Action shall provide a copy of any initial disclosures it has made under Fed. R. CIV P. 26(aX I} to the Standard Chartered Plaintiffs or the Standard Chartered Defendants upon receiving a

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E.. Brods.K'i., Io:Horj., Tl)eodor~ H. Katz (12128057932) Case 1 :u~-cv·uO 118-VM -TH K Document 602

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written request for such disclosures. In any Standard Chartered Case filed in or transferred to this Court after entry of this Second Amended Schedu:ing Order, the

plailltiff ~hilll milke initial disclosures under Fed. R. Civ. P. 26(a)( 1) within 14 days of the
date such case is filed in or transferred to this Court
7, Fact discovery Illay commence upon entry of this Order, however no

party shall be required to produce any documents or infonnation prior to the entry of the Confidentiality Order. All fact discovery in the Standard Chartered Cases shall be completed within the period set forth for the completion of fact discovery in the Anwar
Action, i.e" March 2, 2012. [n the event that the period set forth for the comple:ion of fact discovery in the Anwar Action is extended, the Standard Chartered Defendants and

the Steering Committee, after mectmg and conferring with each other, may jointly or individually seek leave of the Court for a parallel extension in the Standard Chartered Cases. The Standard Chartered Defendants and the Steering Committee may serve written discovery, including document requests, interrogatories and subpoenas duces
tecum for documents, and the parties mtly take depositions, by notice or subpocna ifilsued

through the Steering Committee or through counsel to the Standard Chartered Defendants, provided that no person sha\l be deposed more than once absent good cause

and the assigned Magistrate Judge shall resolve any objections to the timing of a
deposition.
8. Service of discovery requests ond responses thereto by PDF/email

attachment shall constitute effective service under Rule 5(b)(2)(£) of the Federal Rules of Civil Procedure.

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9.

Limitations on the number, type and, substance of interrogatories and on

the number of depositions provided for under the Federal Rules and Local Rules shan not

apply, without prejudice to a party's ability to seek a limitation on the number, type anrl substance of interrogatories and on the number of depositions for good cause, on which
the parties shall meet and confer prior to seekillg intervention by the Coun,

Notwithstanding the foregoing, the parties shall not ,erve contention interrogatories
before the time prOVided in the Lora! Rules without It;<Ive of the Court. The parties shall

confer and agree to the extent possible on efficient means for the taking of depositions,
including the maintenance of a common deposition calendar and the use of common

exhibits. 10. The parties shall confer and agree to the extent possible on efficient

means for exchange of paper and electronic discovery matcrinls, including to\: fonnut and timing of such production, and the use of agreed search tenns for electronic discovery. 1I. The parties further agree to exercise best efforts to coordinate discovery

in the Standard Chartered Cases with uiscovery in all actions consolidated with the Anwar Action, and to work in good faith with counsel for the parties in the Anwar Action to avoid duplicatIve and unduly burdensome discovery activities. Nothing in this paragraph shall bc construed as grantmg the parties in this action grounds to avoid or delay complying with discovery requests authorized under this Order, or as gr<lnting the parties in the Anwar Action .. ighll> tu Ji:scovcry from any of the partlcs in this action to which they would not otherwise be entitled.

Expert Witness Disclosures & Discovery
12. The required disclosure's under Fed. R. Civ. P. 26(a)(2) regarding expert

testimony on each issue to which a party bears the burden of proof at trial shall be made not latcr than 30 days after completion of the period for fact discovery. Rebuttal reports pursuant to Fed. R. eiv. P 26(a)(2) shaH be served within 45 days after the other parties'
di~c1osures.

The period for expert witness deposition shall commence upon the flling or

rebuttal experts reports and shall conclude 90 days thereafter.
13. The partlcs will meet and confer on thc scope of expert document

discovery to thl.: t:xtl.:nt that the parties wish to deviate from the scope of discovery

authorized by Rule 26(b) of the Federal Ruh:s of Civil Procedure as amended Decerr,bcr \, 20 I O.
Discovery Disputes

14.

Discovery disputes betWi:Cll the Standard Chartercd Defendants and the

Steering Committee that require resolution by the Magistrate Judge shall be presented as provided by Local Rule 37.2. The written request for an informal conterence shall set forth the nature and substance of the discovery dispute. A response to the request for an infonnal conference shall be submitted within three business duys. If relevant, copies of interrogatories or document requests that are in dispute shall be provided to the Court. A discovery or non-dispositive pretrial dispute shall not be submlttcd to the Court until the ottomcY$ for the Ilffcdcu
parlie~

have attempted to confer in good faith 111 an effort to

resolve the dispute, Failure to bring discover; disputes to the Court's attention promptly and sufficiently in advance of tIle discovery deadline will result in a waiver ofrcmedies

as to such disputes.

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Further Motion Practice
15 The parties shall refrain from engaging in dupiicntive motion or pleading

practice on matters already considered by this Court, including on claims or issues on
which this Court has already issued guidance in the MTD Decisions and Orders, The parties shall focus their efforts on completing discovery in the Standard Chartered Cases, and except as set furth below, all motions other than any discovery-related motions, are reserved until the close of fact discovery or upon application to and with leave of the
Court
16,

Dispositive Motions, The Standard Chal1ered Defendants shall not,

before the clost! offact discovery, move to dismiss any case or claim unless It (i) is the same or st:bstantially similar to a claim that was dismissed in the MTD Decisions and Orders, (ii) rai~es new or unique
iSRUCfl

of luw that were not directly or indirectly

addressed in the MTD Decisions and Orders, or (iii) involves issues of jurisdiction, including improper forum, In the event the Standard Chartered Defendants file such a dispositive motion before the close of fact discovery, they shall submit together with the motion a brief statement of each previously dismissed claim, each new or unique claim or
issue, and each jurisdictional issue, raised in thc motion,

a. Already.Filed Ca~'es. The Standard Chartered Defendants may file motions to
dismiss with regard to the following two categories ('If cases that have been filed
and served and are pending in this Court before January J, 2011.

I.

The Standard Chartered Defendants, within 30 days from the date of this

order, shall answer, move or otherwise respond to the complaint in Pujals v.
Standard Chartered Bank International (Americas) I.td., No, IO·CY -02878

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("Pujals"), which involves claims and theories not previously addressed by this Court in the MTD Decisions and Orders and at this time warrant briefing and

consideration separate from other Standard Chartered Cases. In the event that the
Standard Chartered Defendants move against the comfllaint,
pl~intiff shall

have

30 days to respond, and the Staadard Cbartered Defendants tiball have 14 days to

fIle <lny reply memorandum.
ii.
The Standard Chartered Defendants shall have 45 days from the entry of

this Order, to tile a unified motion tu dismiss any claim in any Standard Chartered
Cases, other than Puja/s, filed and served in, or transferred to, this Court before January I, 2011, to the extent that such claim (i) is thc same or substantially

similar to a claim that was dismissed in the MTD Oecisions and Orders,) or
(ij) raises new or unique issues of law that were not directly
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imlircctly

addressed in this Court's MTD Decisions and Orders. The Standard Chartered Oefendants shall have 45 days from the entry of this Order, to file a separate unified motion to dismiss any Standard Chartered Cases filed and served in, or transferred 10, this Court before January l, 2011, in which the Standard Chartered Defendants wish to raise jurisdictional defects, including improper forum. Such unified motions may be filed with an accompanying memorandum of law thal
shall not exceed 50 pages. In response to any unified motion filed by the

Standard Ch:1rtercd Defendants, plaintiffs in the cases against which the unified
Prior 10 any motion pr~.:tice wilh respect to any "UllIn thaI the Standard Chartered Defendants contend is the same or substantially similar 10 a claim that was dismis>~d ill the Mn) DeclslOJl> lnd Orders, the Standard Chartered Dc!<:ndants amI th. plaintiff asserting ~uch a claim are dirc<;lt.:d 10 confer alld determine whether they can agree lhat such claim is the same or substantially similar. Ifsn, the parties shalljui!llly represent a, such 10 the Cuun, whereafter the claim shall be dismissed pursuant the bases set forth in the MTD Decisions and Orders, and tne plaintiff's fleh1 to challenge the dismissal uflhe claim on appeal shall be preserved.

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motion is directed shall have 45 days to file a single coordinated opposition memorandum, not to exceed 50 pages, and the Standard Charterd Defendants shall have 30 days from the filmg of'thc opposition 10 file a reply memorandum, not to exceed 2S pages.
b. Later-Filea Cases. In uny Standard Chartered Case that has been filed ar.d served

and is pending

In,

or transferred to, this Court on or after January 1, 20 II, the

Standard Chartered Defendants, hefore close of fact discovery, muy move to dismiss only a case or claim 0) that is the Same or substantially similar to a claim thot was di5misscd
ill

the MID Decisions and Orders, (ii) that raises new Of
llf

unique issues of law that were not directly

indirectly addrcss.:d in the MID

Decisions and Orders or in any subsequcnt decision and order by the Court or
(iii) in which the Standard Chartered Defendants wi::;h to raise juri5dictional

defects, including improper forum. Any such motions to dismiss shall be tiled by

way of unified motions to dismiss, whic.h motions shall be filed 45 days after the
end of every 6-month period, begirlllillg with the period ending on JUlle 30, 2011,

and shall be subject to the same briefing schedules and page limitations as described ill paragraph t 6(a}(ii) above. c. In all cases subject to the motion practice outlined in this paragraph, disl,;overy shall nevertheless proceed in accordance with the schedule regarding pretrial
discovery set forth below, l.Ullc.s olhl:rwbe ordered by the Court.

Further Responsive Pleadings

17.

In any Standard Chartered Case that the Standard Chartered Defendants

do not move to dIsmiSS in accordance WIth paragraph 16 above, the Standard Chartered

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Defendants shall file and serve an answer within 30 days of the dale on which a motion to dismiss otherwise would have been required to be filed.

18.

In any Standard Chartered Case in wb,cn the Standard Chartered

Defendants have moved against the complaint in accordance with paragraph 16 above,
the Standard Chartered Defendants shall fde and serve
fill

answer within 30 days oCthe

dispo"ition of an order by this Court denying the Standard Chartered Defendants' motion
or, in the event the Standard Chartered Defendants' motion is granted in part with leave

to lillHmd and plaintiffs c\ecl nol to amend the complaint, within 30 days of Ihe date on which the time to amend has expired. Notwithstandillg the foregoing, the rime to answer may be enlarged during the pendency of ony motion for reconsideration of an order denying the Standard Cbartercd Defendants' motion, or interlocutory appeal therefrom, if such enlargement is granted by this Court or the Court of Appeals upon timely applicatiun by the Standard Chartered Defendants. Nothing herein is intended to preclude the Standard Chartered lJefendants from moving against any amended pleading, in accordance with paragraph 16 obove. 19 . Following close of fact discovery, the Standard Chartered Defendant:;

may file an amended answer in any Standard Chartered Case where an answer has been filed in accordance with
paragraph~

17 or 18 above.

JJ

20.

Except as amended above, the provisions of the January 29, 2010 Initial

Scheduling Order, and the February 1,20 J0 Amended Scheduling Order shall remain in
effect

so ORDERED this ,<.5 __ day of~ ~L/'i;L~::_, 2011.

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THEODORE KAlZ UNITED STATES MAGISTRATE JUDGE

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