Pacific West Health Medical Center Inc. Employees Retirement Trust et al v. Fairfield Greenwich Group et al

Filing 114

MOTION to Amend/Correct. Document filed by Standard Chartered International (USA) Ltd., Standard Chartered PLC, Standard Chartered International (USA) Ltd, Standard Chartered Bank, Standard Chartered Bank International (Americas) Limited, Standard Chartered Bank International (Americas) Limited.Filed In Associated Cases: 1:09-cv-00118-VM-THK et al.(Nelles, Sharon)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------------- x ) PASHA ANWAR, et al., ) ) Plaintiffs, ) ) v. ) ) FAIRFIELD GREENWICH LIMITED, et al., ) ) Defendants. ) This Document Relates To: Bhatia v. Standard Chartered ) International (USA) Ltd., No. 09-CV-2410; Tradewaves ) Ltd. v. Standard Chartered International (USA) Ltd., No. ) ) 09-CV-9423; Headway Investment Corp. v. American Express Bank Ltd., No. 09-CV-08500; Ricardo Lopez v. ) Standard Chartered Bank International (Americas) Ltd., ) No. 10-CV-00919; Maridom Ltd. v. Standard Chartered ) Bank International (Americas) Ltd., No. 10-CV-00920; ) and Maria Akriby Valladolid v. American Express Bank ) ) Ltd., No. 10-CV-00918. ---------------------------------------------------------------------- x

Master File No. 09-CV-118 (VM)

UNOPPOSED MOTION TO CORRECT THE REVISED SCHEDULING ORDER On April 7, 2010, plaintiffs filed an "unopposed" motion for an enlargement of time to respond to the Standard Chartered Defendants'1 motions to dismiss their complaints.2 Pursuant to that motion, plaintiffs' time to respond would be enlarged from April 26, 2010 to May 3, 2010. The Court endorsed plaintiffs' motion on April 9, 2010.

1

The "Standard Chartered Defendants" include Standard Chartered Bank, Standard Chartered International (USA) Ltd., and Standard Chartered Bank International (Americas) Ltd., as defined in the Initial Scheduling Order that was entered by the Court on January 29, 2010. On that same date, plaintiffs subsequently filed a modified motion in order to include a date certain for Standard Chartered Defendants' reply. This motion has not yet been endorsed by the Court and is moot in light of the instant motion.

2

Standard Chartered Defendants did not oppose that motion so long as its time to reply was not truncated in the process; in other words, Standard Chartered Defendant's time to reply would extended so that it would still has as many days as under the original scheduling order. Unfortunately, in making their motion, plaintiffs, in fact significantly shortened Standard Chartered Defendants' time to reply to plaintiffs' opposition papers. Counsel has represented that this was wholly inadvertant. Pursuant to the Initial Scheduling Order, entered by the Court on January 29, 2010, the Standard Chartered Defendants were to have 30 days to reply to plaintiffs' opposition papers. (Initial Scheduling Order ¶ 4.) Pursuant to the Order entered by the Court on April 9, 2010, adopting the schedule prepared by plaintiffs that was filed on April 7, 2010, Standard Chartered Defendants now have 21 days to reply to plaintiffs' opposition papers. (Order Extending Time to File Opposition at 3.) Standard Chartered Defendants hereby request, and plaintiffs do not oppose, that the Court correct this error and enter the following schedule, which schedule is unopposed: Plaintiffs' Opposition Papers due: May 3, 2010 Standard Chartered Defendants' Reply Papers due: June 4, 2010

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Dated: April 12, 2010 New York, New York /s/ Sharon L. Nelles Sharon L. Nelles (SN-3144) Bradley P. Smith (BS-1383) Patrick B. Berarducci (PB-2222) SULLIVAN & CROMWELL LLP 125 Broad Street New York, New York 10004 Telephone: [phone] Facsimile: [phone] [e-mail] Diane L. McGimsey (Admitted Pro Hac Vice) SULLIVAN & CROMWELL LLP 1888 Century Park East Los Angeles, California 90067 Attorneys for Defendants Standard Chartered Bank International (Americas) Ltd., Standard Chartered International (USA) Ltd., Standard Chartered Bank and Standard Chartered PLC SO ORDERED.

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