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)