Zenith Insurance Co. v. Fuld

Filing 133

MEMORANDUM OPINION: The Underwriter Defendants motions to dismiss the CFAC [09 MD 2017, DI 574; DI 596] are granted.250 HVBs motion to dismiss [09 MD 2017, DI 598] is granted to the extent it is asserted against the cases included in the CFAC.251 The Individual Defendants motion to dismiss the CFAC [09 MD 2017, DI 633] is granted in part and denied in part as set forth above. Ernst & Youngs motion to dismiss [DI 623] to the extent it is asserted against the cases included in the CFAC252 is grant ed in part and denied in part as set forth above. The defendants shall settle an order more fully setting forth the rulings made above. The Court would be grateful for an order agreed as to form by all parties. Absent agreement, defendants shall set tle their proposed order, on seven days notice. The agreed or proposed order shall be submitted no later than October 24, 2012. re: (633 in 1:09-md-02017-LAK-GWG) MOTION to Dismiss the Consolidated First Amended Complaint by the Lehman Individual Defendants. filed by Roland A. Hernandez, John F Akers, John F. Akers, Henry Kaufman, Roger S. Berlind, Marsha Johnson Evans, Marsha Johnson Evans, (574 in 1:09-md-02017-LAK-GWG) MOTION to Dismiss / Notice of Motion by Bank Defendants to Dism iss Plaintiffs' Consolidated First Amended Complaint, dated January 6, 2012. filed by Commerzbank Capital Markets Corp., RBS Greenwich Capital, BNP Paribas S.A., Daiwa Securities SMBC Europe Limited, Calyon Securities (USA) Inc., Ing Financi al Markets LLC, HSBC Securities (USA) Inc., Mellon Financial Markets, LLC, Citigroup Global Markets Inc., Wells Fargo Securities, LLC, Siebert Capital Markets, Fortis Securities, LLC, Banc of America Securities LLC, ABN AMRO Holding N.V., SunTrust Ro binson Humphrey, Inc., Harris Nesbitt Corp., BBVA Securities Inc., Natixis Bleichroeder Inc., Loop Capital Markets, LLC, ANZ Securities, Inc., Santander Investment Securities Inc., SG Americas Securities LLC, (596 in 1:09-md-02017-LAK-GWG) MOTION to Dismiss / Notice of Motion by HVB Capital Markets Inc. to Dismiss Certain Individual Actions. filed by HVB Capital Markets, Inc., (623 in 1:09-md-02017-LAK-GWG) MOTION to Dismiss --Motions to Dismiss and Joinders in Motions to Dismiss Certain Individual Actions. filed by Ernst & Young LLP. (Signed by Judge Lewis A. Kaplan on 10/15/2012) Filed In Associated Cases: 1:09-md-02017-LAK-GWG et al.(pl)