Nypl v. JP Morgan Chase & Co. et al
Filing
476
ORDER granting 473 Letter Motion for Discovery. It is ORDERED that, pursuant to the parameters of this letter, the testamentary discovery stay in Case Nos. 13-cv-7789, 15-cv-9300, 17-cv-3139 and 18-cv-10364 is lifted, as to defendants for whom discovery is not stayed in its entirety, for all witnesses but for Frank Cahill, Serge Sarramegna, Jason Katz, Christopher Cummins and Nicholas Williams. The DOJ shall file a status letter on January 10, 2020 and every 45 days thereafter to appris e the Court of the ongoing need for the stay as to these witnesses, if any. The parties in Case No. 15-cv-9300 shall file a joint status letter outlining all discovery that has thus far occurred and discovery that remains to be completed by Decemb er 13, 2019. Amended case management plans will issue separately in Case Nos. 13-cv-7789, 17-cv-3139 and 18-cv-10364. The Clerk is Court is respectfully requested to docket this order in Case Nos. 13-cv-7789, 15-cv-9300, 17-cv-3139 and 18-cv-10364. The Clerk of Court is also requested to close the motion in Case No. 15-cv-9300 at Dkt. No. 473. (Signed by Judge Lorna G. Schofield on 12/4/2019) (ks)
USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 12/04/2019
New York Office
26 Federal Plaza
Room 3630
New York, New York 10278-0004
212/335-8000
FAX 212/335-8023
December 2, 2019
VIA ECF
The Honorable Lorna G. Schofield
United States District Judge
Southern District of New York
500 Pearl Street
New York, New York 10007
Re:
In re Foreign Exchange Benchmark Rates Antitrust Litigation, No.
13-cv-7789 (LGS); NYPL, et al. v. JPMorgan Chase & Co., et al.,
15-cv-9300 (LGS); Contant, et al. v. Bank of America Corporation,
et al., No. 17-cv-3139 (LGS); Allianz, et al. v. Bank of America
Corporation, et al., No. 18-cv-10364 (LGS)
Dear Judge Schofield:
Pursuant to the Court’s November 25, 2019 Order (15-cv-9300, Dkt. No. 474) and
the Court’s November 4, 2019 Order (13-cv-7789, Dkt. No. 1365), the United States
Department of Justice, through the Antitrust Division and the Fraud Section of the
Criminal Division (“the Department”), submits this letter regarding the discovery stay in
the foreign-exchange related matters.
On November 20, 2019, in United States v. Akshay Aiyer (18-cr-333 (JGK)), a
jury returned a guilty verdict against the defendant. Post-trial briefing is scheduled to
conclude on or about January 24, 2020, and Aiyer’s sentencing is scheduled for April 3,
2020.
At this point, the Department requests that the stay remain in place for only a few
select witnesses related to Aiyer and United States v. Johnson, 18-1503-cr. The
Department requests that the stay remain in place with respect to Frank Cahill and Serge
Sarramegna until the Second Circuit rules on Defendant Johnson’s petition for rehearing
en banc. The Department requests that the stay remain in place with respect to Jason
Katz, Christopher Cummins, and Nicholas Williams until Aiyer, Katz, and Cummins are
sentenced. The Department does not object to the Forex plaintiffs’ request to prepare
and file letters of request for depositions in the meantime, with the understanding that
these depositions will not take place until the stay is lifted.
Plaintiffs in the In re Foreign Exchange case (13-cv-7789), the Allianz case (18cv-10364), and the Nypl case (18-cv-10364) consent to the Department’s request.
Plaintiffs in the Contant case (17-cv-3139) take no position. All Defendants consent to
the request except for Credit Suisse, which takes no position.
It is ORDERED that, pursuant to the parameters of this letter, the testamentary
discovery stay in Case Nos. 13-cv-7789, 15-cv-9300, 17-cv-3139 and 18-cv-10364 is
lifted, as to defendants for whom discovery is not stayed in its entirety, for all
witnesses but for Frank Cahill, Serge Sarramegna, Jason Katz, Christopher Cummins and
Nicholas Williams.
The DOJ shall file a status letter on January 10, 2020 and every 45 days thereafter to
apprise the Court of the ongoing need for the stay as to these witnesses, if any.
The parties in Case No. 15-cv-9300 shall file a joint status letter outlining all discovery
that has thus far occurred and discovery that remains to be completed by December
13, 2019.
Amended case management plans will issue separately in Case Nos. 13-cv-7789, 17cv-3139 and 18-cv-10364 .
The Clerk is Court is respectfully requested to docket this order in Case Nos. 13cv-7789, 15-cv-9300, 17-cv-3139 and 18-cv-10364.
The Clerk of Court is also requested to close the motion in Case No. 15-cv-9300 at Dkt.
No. 473.
Dated: December 4, 2019
New York, New Yor
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