Nicholson v. The Bank of Nova Scotia et al

Filing 135

ORDER in case 1:14-cv-05682-VEC; denying without prejudice (584) Motion for Judgment on the Pleadings in case 1:14-md-02573-VEC. IT IS HEREBY ORDERED THAT Defendants' motion for judgment on the pleadings as to Plaintiffs' antitrust clai ms is hereby DENIED without prejudice. Defendants may resubmit their motion for judgment on the pleadings as to both Plaintiffs' CEA claims and antitrust claims by no later than Friday, September 30, 2022. Plaintiffs must respond by Friday, October 28, 2022. Defendants' reply brief must be filed no later than Monday, November 14, 2022. IT IS FURTHER ORDERED THAT the stay of all proceedings connected to Plaintiffs' motion for class certification entered on March 10, 2022, is hereby continued until the resolution of the revised motion for judgment on the pleadings. Upon resolution of the revised motion for judgment on the pleadings, the Court will reset the class certification and Daubert briefing deadlines as necessary. IT IS FURTHER ORDERED that the Clerk of Court is respectfully directed to terminate the open motion at docket entry 584. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/24/2022) Filed In Associated Cases: 1:14-md-02573-VEC et al. (tg)

Case 1:14-cv-05682-VEC Document 135 Filed 08/24/22 Page 1 of 2
USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
UNITED STATES DISTRICT COURT
DATE FILED: 08/24/2022
SOUTHERN DISTRICT OF NEW YORK
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IN RE:
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LONDON SILVER FIXING, LTD.,
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ANTITRUST LITIGATION
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This Document Relates to All Actions
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14-MD-2573 (VEC)
14-MC-2573 (VEC)
ORDER

VALERIE CAPRONI, United States District Judge:
WHEREAS on February 28, 2022, Defendants filed a motion for partial judgment on the
pleadings as to Plaintiffs’ antitrust claims, Dkt. 584;
WHEREAS on August 1, 2022, the Court ordered the parties to submit supplemental
briefing regarding the impact on Gamma Traders – I LLC v. Merrill Lynch Commodities, Inc.,
2022 WL 2821504 (2d Cir. 2022) on Defendants’ motion for judgment on the pleadings; and
WHEREAS on August 8, 2022, Defendants submitted their letter brief and moved for
judgment on the pleadings as to Plaintiffs’ remaining CEA claims in addition to their antitrust
claims, Dkt. 597, and Plaintiffs responded on August 15, 2022, Dkt. 598.
IT IS HEREBY ORDERED THAT Defendants’ motion for judgment on the pleadings as
to Plaintiffs’ antitrust claims is hereby DENIED without prejudice. Defendants may resubmit
their motion for judgment on the pleadings as to both Plaintiffs’ CEA claims and antitrust claims
by no later than Friday, September 30, 2022. Plaintiffs must respond by Friday, October 28,
2022. Defendants’ reply brief must be filed no later than Monday, November 14, 2022.
IT IS FURTHER ORDERED THAT the stay of all proceedings connected to Plaintiffs’
motion for class certification entered on March 10, 2022, is hereby continued until the resolution
of the revised motion for judgment on the pleadings. Upon resolution of the revised motion for

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Case 1:14-cv-05682-VEC Document 135 Filed 08/24/22 Page 2 of 2

judgment on the pleadings, the Court will reset the class certification and Daubert briefing
deadlines as necessary.
IT IS FURTHER ORDERED that the Clerk of Court is respectfully directed to terminate
the open motion at docket entry 584.
SO ORDERED.
_________________________________
VALERIE CAPRONI
United States District Judge

Date: August 24, 2022
New York, NY

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