In re Herald, Primeo and Thema Funds Securities Litigation

Filing 364

NOTICE OF APPEAL from #351 Order on Motion to Amend/Correct, Order on Motion to Dismiss,,,,,,,,,, #360 Clerk's Judgment,,,,,. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Document filed by Shmuel Cabilly, Korea Exchange Bank. Filing fee $ 455.00, receipt number 0208-7098099. (Bunch, Stephen)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK IN RE HERALD, PRIMEO AND THEMA FUNDS SECURITIES LITIGATION This document relates to: 09 Civ. 2032 (RMB) (HBP) ) ) ) ) ) ) ) File No: 09 Civ. 289 (RMB) (HBP) NOTICE OF APPEAL Notice is hereby given that Lead Plaintiff Dr. Shmuel Cabilly and plaintiff Korea Exchange Bank, as Trustee of the Korea Global All Asset Trust I-1 and Trustee of the KDB Premier Select Private Fund 1 (collectively, “Plaintiffs”), hereby appeal to the United States Court of Appeals for the Second Circuit from the Judgment entered in this action on December 12, 2011 and the Order entered November 29, 2011 granting defendants’ motions to dismiss, denying Plaintiffs’ motion to amend, and dismissing Plaintiffs’ Consolidated Amended Complaint in its entirety with prejudice. Dated: January 11, 2012 Respectfully submitted, COHEN MILSTEIN SELLERS & TOLL PLLC By: /s/ S. Douglas Bunch Steven J. Toll Lisa M. Mezzetti Daniel S. Sommers Joshua S. Devore S. Douglas Bunch 1100 New York Avenue, N.W. Suite 500, West Tower Washington, D.C. 20005 Tel.: (202) 408-4600 Fax: (202) 408-4699 Counsel for Lead Plaintiff Dr. Shmuel Cabilly and Plaintiff Korea Exchange Bank and Lead Counsel for the Class Of Counsel: Jacob Sabo, Esq. The Tower # 3 Daniel Frisch St. Tel Aviv, Israel Tel.: (972) 36078888 Fax: (972) 36078889 2

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