Nypl v. JP Morgan Chase & Co. et al

Filing 527

ORDER: ORDERED that, by May 1, 2020, Defendants Barclays PLC and JPMorgan Chase & Co. shall file supplemental affidavits from Mr. Fitzwater and Mr. Cutler clarifying whether the investigations to which their original affidavits refer were internal investigations conducted by in-house or outside counsel, undertaken to provide legal advice in connection with anticipated or ongoing litigation, or some other type of investigation. (Signed by Judge Lorna G. Schofield on 4/27/2020) (jwh)

Case 1:15-cv-09300-LGS Document 527 Filed 04/27/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
JOHN NYPL, et al.,
:
Plaintiffs, :
:
:
-against:
JP MORGAN CHASE & CO., et al.,
:
Defendants. :
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15 Civ. 9300 (LGS)
ORDER

LORNA G. SCHOFIELD, District Judge:
WHEREAS, pursuant to this Court’s Order on February 24, 2020, on March 16, 2020,
Matthew S. Fitzwater and Stephen M. Cutler filed affidavits describing how they came to have
knowledge of the matters underlying the plea agreements executed between the United States
Department of Justice (“DOJ”) and Barclays PLC and JPMorgan Chase & Co., respectively
(Dkt. Nos. 506, 508);
WHEREAS, in his affidavit, Mr. Fitzwater states, “I learned this information either from
Sullivan & Cromwell LLP, Clifford Chance LLP, or other internal Barclays counsel or though
my own participation, as counsel to Barclays, in the investigation.” Mr. Fitzwater does not
explain what investigation is referenced by the phrase “the investigation.” (Dkt. No. 506 at ¶ 5);
WHEREAS, in his affidavit, Mr. Cutler states, “I learned this information either from
Skadden, Arps, Slate, Meagher & Flom LLP or other internal JPMorgan counsel or through my
own participation, as counsel to JPMorgan, in the investigation.” Mr. Cutler does not explain
what investigation is referenced by the phrase “the investigation.” (Dkt. No. 508 at ¶ 4). It is
hereby
ORDERED that, by May 1, 2020, Defendants Barclays PLC and JPMorgan Chase & Co.
shall file supplemental affidavits from Mr. Fitzwater and Mr. Cutler clarifying whether the

Case 1:15-cv-09300-LGS Document 527 Filed 04/27/20 Page 2 of 2

investigations to which their original affidavits refer were internal investigations conducted by
in-house or outside counsel, undertaken to provide legal advice in connection with anticipated or
ongoing litigation, or some other type of investigation.
Dated: April 27, 2020
New York, New York