In re Herald, Primeo and Thema Funds Securities Litigation

Filing 113

ORDER Cohen Millstein is directed to promptly serve copies of their cover letter and the letters of request on counsel for all parties that have appeared to date and to advise me when that has been accomplished. If Cohen Millstein believes that such service is not necessary, it is directed to promptly advise me of the basis for its belief with citation to appropriate legal authority. Cohen Millstein is also directed to advise me whether it wishes me to cross out Judge Berman's name below the signature line on each request and substitute my own or whether it wishes to submit revised requests with my name typed below the signature line; it is my understanding that some attorneys prefer to submit "clean" letters of request to foreign judicial authorities to avoid any potential issues. SO ORDERED (Signed by Magistrate Judge Henry B. Pitman on 6/3/2010) (jmi)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

IN RE HERALD, PRIME0 and THEMA FUNDS SECURITIES LITIGATION This Document relates to 09 Civ 2032 (RMB)(HBP)

09 Civ. 289 (RMB)(HBP) ORDER

PITMAN, United States Magistrate Judge: Judge Berman referred this matter to me for General Pretrial Supervision on June 2, 2010. Also on June 2, 2010, Judge Berman's chambers forwarded to me six requests for international judicial assistance. The six requests seek assistance with respect to service of the summons and consolidated amended complaint on Bank Medici, Bank Austria, Alfred Simon, Hannes Saleta, Karl Kaniak and Joannes Spalek.
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The cover letter from the firm of Cohen Milstein Sellers

Toll, PLLC (I1Cohen Millstein") does not indicate that copies of

the cover letter or the enclosures have been provided to counsel for the defendants that have appeared to date. Although it is difficult to imagine any valid objections to the requests, I believe that Fed.R.Civ.P. 5 requires that the papers be served on counsel for all parties who have appeared unless there is a valid basis for an tion.

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applica-

Cohen Millstein is directed to promptly serve copies of

their cover letter and the letters of request on counsel for all parties that have appeared to date and to advise me when that has been accomplished. If Cohen Millstein believes that such service

is not necessary, it is directed to promptly advise me of the basis for its belief with citation to appropriate legal authority. Cohen Millstein is also directed to advise me whether it

wishes me to cross out Judge Berman's name below the signature line on each request and substitute my own or whether it wishes to submit revised requests with my name typed below the signature line; it is my understanding that some attorneys prefer to submit "clean" letters of request to foreign judicial authorities to avoid any potential issues. Dated: New York, New York June 3, 2010 SO ORDERED

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H~RY PI United States Magistrate Judge