Shak et al v. JPMorgan Chase & Co. et al

Filing 277

ORDER granting (276) Letter Motion for Extension of Time; granting (276) Letter Motion to Stay in case 1:15-cv-00992-LJL; granting (259) Letter Motion for Extension of Time; granting (259) Letter Motion to Stay in case 1:15-cv-00994-LJL; granting (259) Letter Motion for Extension of Time; granting (259) Letter Motion to Stay in case 1:15-cv-00995-LJL: The stay is continued until July 30, 2020. (Signed by Judge Lewis J. Liman on 6/23/2020) Filed In Associated Cases: 1:15-cv-00992-LJL, 1:15-cv-00994-LJL, 1:15-cv-00995-LJL (jwh)

KIRBY McINERNEY LLP

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June 23, 2020

O f c o u nse l
Ro g e r W. K ir by
Alic e Mc I ne r ne y

VIA ECF
Honorable Lewis J. Liman
United States District Judge
United States Courthouse
500 Pearl St.
New York, NY 10007-1312
Re:

The stay is continued until July 30, 2020.

Shak et al. v. JPMorgan Chase & Co., et al., No. 15 Civ. 992 (LJL) [rel. 15 Civ.
994, 15 Civ. 995]; Wacker v. JPMorgan Chase & Co., et al., No. 15 Civ. 994 (LJL)
[rel. 15 Civ. 992, 15 Civ. 995]; and Grumet v. JPMorgan Chase & Co., et al., No.
15 Civ. 995 (LJL) [rel. 15 Civ. 992, 15 Civ. 994]

Dear Judge Liman:
We represent Plaintiffs1 in the above-referenced related actions (“Actions”). As per the
Court’s order on November 5, 2019 (“Order”), see ECF No. 275, the parties and the U.S.
Department of Justice (“Government”) were directed to apprise the Court in writing no later than
June 23, 2020 as to their views on the need for a continued stay and the scope of the stay. The
Order also extended the existing stay of proceedings in these Actions until June 30, 2020. See
ECF No. 275. Since the Court’s Order, Plaintiffs and Defendants have conducted and are
continuing confidential mediation discussions regarding a potential resolution of these Actions.
Consequently, Plaintiffs respectfully take the view that the Court should extend the stay thirty
days, until Thursday, July 30, 2020 (the parties would likewise apprise the Court of their view on
the stay a week before, on Thursday, July 23, 2020). During this thirty-day stay, Plaintiffs’
position on whether the case should proceed may change or be mooted.
Plaintiffs have consulted with the Government and Defendants,2 which do not oppose
Plaintiffs’ position, although the view of both is that the Actions should remain stayed pending the
ongoing criminal proceedings. There have been no other requests for extension and no court
appearances are currently scheduled. See Individual Rules of Practice, Rule 1.C.
Plaintiffs appreciate Your Honor’s attention to this matter.

1

“Plaintiffs” include Daniel Shak; SHK Diversified, LLC; Thomas Wacker; and Mark Grumet. All docket entries are
to Shak et al. v. JPMorgan Chase & Co., No. 15 Civ. 00992 (LJL) (S.D.N.Y.).

2

“Defendants” include JP Morgan Chase & Co., J.P. Morgan Clearing Corp., J.P. Morgan Securities LLC, and J.P.
Morgan Futures, Inc. (merged with and into J.P. Morgan Securities LLC).

NEW YORK

CALIFORNIA

Kirby McInerney LLP
Hon. Lewis J. Liman
June 23, 2020

Page 2
Respectfully submitted,
/s/ David E. Kovel
David E. Kovel
Counsel for Plaintiffs

cc: All Counsel of Record (by Electronic Filing)

NEW YORK

TEXAS