Anwar et al v. Fairfield Greenwich Limited et al

Filing 639

ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Joseph C. Coates, III dated 4/18/2011 re: EFG Capital respectfully requests leave from this Court to file a surreply to Plaintiffs' Reply in Support of Class Certification. EFG Capital requests that the surreply not exceed 15 pages and be filed within 20 days after the Court grants leave. ENDORSEMENT: Granted. So Ordered. (Signed by Magistrate Judge Theodore H. Katz on 4/19/2011) Filed In Associated Cases: 1:09-cv-00118-VM -THK, 1:11-cv-00813-VM(jfe)

II GreenbergTraurig
JOSEPH C. COATES, lIl, ESQ.

West Palm Beach Office

Direct Dial: [phone]

E-Mail: coatesj@gtlawcom

April 18, 2011

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Magistrate Judge Theodore H. Katz
United States District Court

Southem District of New York
Daniel Patrick Moynihan United States Courthouse
500 Pearl Street

New York, NY 10007-l312

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Re: Anwar, et al. v. Fairfield Greenwich Ltd., et al., Master Case No. 1:09-cv­
00l1S-VM; Da Silva Ferreira, et al. v. EFG Capitalllttematiollal Corp.! et
al., Member Case No. 1 I -cv-OOSI 3-VM
Dear Judge Katz:
This law firm represents Defendant EFG Capital Intemational Corp. ("EFG

Capital") in the above referenced matter. The case was recently transferred from the

United States District Court for the Southem District of Florida to this Multidistrict

Litigation pursuant to the MDL Panel's Order of Transfer dated February 7, 2011.

The purpose of this letter is to request permission to file a surreply opposing
Plaintiffs' Motion for Class Certification based on the parties' agreement Prior to transfer,
the parties were engaged in briefing the issue of class certification. Plaintiffs filed a
Motion for Class Certification, EFG Capital filed a Response, and Plaintiffs filed a Reply in
Support of Class Certification. The parties agreed that EFG Capital would not oppose
Plaintiffs' request to file a reply that exceeded the ten-page limitation by another twenty
pages. In retum, Plaintiffs agreed they would not to oppose EFG Capital's request to file a
surreply. Both parties requested leave from the Southem District of Florida accordingly.
However, before the Southem District of Florida ruled on either party's motion for leave,
this case was transferred to the Southem District of New York. Although the Southem
District of Florida had not ruled on Plaintiffs' motion for leave to file a reply in excess of
the ten-page limit, Plaintiffs filed their 29-page Reply so as not to miss the deadline for
filing a reply. Plaintiffs' Reply was filed under seal pursuant to parties' confidentiality
agreement, which had been approved by the Southem District of Florida.
On April 4, 2011, Plaintiffs requested permission from this Court to file an unsealed
version of their Reply in Support of the Motion for Class Certification, which was
previously filed under seal in the Florida District Court. On April 5, 2011, this Court
granted Plaintiffs' request to re-file their Reply, unsealed and with redacted replacement
exhibits.

GREU"BERG TRil.URIG. f'A •
777 South Feagler Drive.

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Magistrate Judge Theodore H. Katz
United States District Court
Southern District of New York
April 18,2011
Page 2

Consistent with the parties' agreement, EFG Capital respectfully requests leave
from this Court to file a surreply to Plaintiffs' Reply in Support of Class Certification.
EFG Capital requests leave because Plaintiffs' 29-page Reply brief is not limited to rebuttal
of matters raised in EFG Capital's Response but raises new arguments, facts and case law
not raised in Plaintiffs' original Motion. A surreply will also provide the Court the benefit
of full briefing on the class certification issues. EFG Capital requests that the surreply not
exceed 15 pages and be filed within 20 days after the Court grants leave.
Thank you for your consideration.
Respectfully,

cc: Judge Victor Marrero (via FedEx)
All counsel in Da Silva Ferreira (via email)
NY241,088,156.2117444.011400

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