In re Herald, Primeo and Thema Funds Securities Litigation

Filing 360

CLERK'S JUDGMENT That for the reasons stated in the Court's Decisions and Orders dated November 29, 2011 and December 8, 2011, the stay by this Court in its Decision and Order, dated November 29, 2011, with respect to Plaintiff Davis's claims against HSBC Trust, HSBC Securities, and HSBC Holdings is lifted, and such claims are dismissed on the basis of forum non conveniens, as set forth in the November 29, 2011 Decision and Order; Plaintiff Davis's claims against the Madoff Defendants are severed from this consolidated action and stayed; Plaintiffs' claims against Erko, Inc., Windsor IBC, Inc., Infovaleur, Inc., and Eurovaleur, Inc., among other parties, are dismissed for failure to serve and for failure to prosecute; Defendants' motion to dismiss is granted; Plaintiffs Davis and Repex's claims against JPM and BNY are dismissed under SLUSA and, alternatively, the Martin Act; Plaintiffs claims against the remaining Defendants are dismissed based upon forum non conveniens in favor of Ireland (Thema action) and Luxembourg (Herald and Primeo actions); and Plaintiffs' motion to amend their respective amended Complaints is denied as futile; accordingly, these consolidated cases are closed, except as to Plaintiff Davis's claims against the Madoff Defendants, which is placed on the suspense calendar. (Signed by Clerk of Court Ruby Krajick on 12/12/11) (Attachments: #1 notice of right to appeal)(ml)

\f·_
_;~oc SONY

,

DOCUMENT

I

1\

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

ELECTRONICAL~Y FILED
DOC#:
DATE FILED: I i

1

/t1/ /J

------------------------------------------------------------)(
IN RE HERALD, PRIMEO, and THEMA
SECURITIES LITIGATION,

-------------------------------------------------------------)(

I

09 CIVIL 0289 CR¥B)
JUDGMEN_I/
I
I

I

Whereas the above-captioned action having come before this Court, and the latter having
come before the Honorable Richard M. Berman, United States District Judge, and t~e Court, on
November 29, 2011 and December 8, 2011, having rendered its Decisions and Orders

li~ing the stay
I

by this Court in its Decision and Order, dated November 29,2011, with respect to PlaftiffDavis's
!

claims against HSBC Trust, HSBC Securities, and HSBC Holdings is lifted, and distissing such
claims on the basis of forum non conveniens, as set forth in the November 29, 2011 recision and
Order, severing and staying Plaintiff Davis's claims against the Madoff Defend,ts from this
consolidated action, dismissing Plaintiffs' claims against Erko, Inc., Windsor IBC, In+ Infovaleur,
I

Inc., and Eurovaleur, Inc., among other parties, for failure to serve and for failure }o prosecute,
I

granting Defendants' motion to dismiss, dismissing Plaintiffs Davis and Rep ex's claim against JPM
and BNYunder SLUSA and, alternatively, the Martin Act, dismissing Plaintiffs' clai s against the
remaining Defendants based upon forum non conveniens in favor of Ireland (Them action) and
Luxembourg (Herald and Primeo actions), denying Plaintiffs' motion to amend thtir respective
amended Complaints as futile, and directing the Clerk ofthe Court to close these cons11idated cases,
except as to (i) Plaintiff Davis's claims against the MadoffDefendants, which the Cl,rk is directed
to place on the suspense calendar, it is,

I

/
I

ORDERED, ADJUDGED AND DECREED: That for the reasot stated in the
Court's Decisions and Orders dated November 29, 2011 and December 8, 2011,

~e stay by this
I

I

I
Court in its Decision and Order, dated November 29, 20 II, with respect to Plaintiff Dars' s claims
against HSBC Trust, HSBC Securities, and HSBC Holdings is lifted, and such claims ~e dismissed
on the basis of forum non conveniens, as set forth in the November 29,2011

Decisio~ and Order;
I

Plaintiff Davis's claims against the MadoffDefendants are severed from this consolifated action
and stayed; Plaintiffs' claims againstErko, Inc., Windsor IBC, Inc., Infovaleur, Inc., and Eurovaleur,
Inc., among other parties, are dismissed for failure to serve and for failure to prosecute;

efendants'

motion to dismiss is granted; Plaintiffs Davis and Repex's claims against JPM
I

dismissed under SLUSA and, alternatively, the Martin Act; Plaintiffs claims against t'e remaining
Defendants are dismissed based upon forum non conveniens in favor oflreland (Themf action) and
Luxembourg (Herald and Primeo actions); and Plaintiffs' motion to amend their respec,ive amended
Complaints is denied as futile; accordingly, these consolidated cases are closed, except ts to Plaintiff
I

Davis's claims against the MadoffDefendants, which is placed on the suspense caleidar.

Dated: New York, New York
December 12, 2011
RUBY J. KRAJIC

Clerk of Court
BY:

J v----

Deputy Clerk

I

'

i

THIS D0C:UME., I WAS EtTERED
ON THE DOCKET ON

I