DoubleLine Capital LP et al v. Odebrecht Finance, Ltd et al

Filing 299

ORDER: It is hereby ORDERED that the parties shall meet and confer regarding next steps in this litigation and file a joint status letter by March 29, 2024. Such letter shall state whether the parties request a referral for settlement discussions or would like to retain a third-party mediator. The letter shall also state whether any party would still like to file a motion for summary judgment in light of Judge Moses' opinion and, if so, on which claim(s) or issue(s) they wish to move. The letter shall propose a briefing schedule for any such motions, as appropriate. SO ORDERED. (Signed by Judge Dale E. Ho on 3/15/2024) (ks)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
DOUBLELINE CAPITAL LP, et al.,
Plaintiffs,
17-CV-4576 (DEH)

v.
ODEBRECHT FINANCE, LTD., et al.,

ORDER

Defendants.

DALE E. HO, United States District Judge:
On September 7, 2018, Plaintiffs filed the Third Amended Complaint. See ECF No. 61.
An opinion and order issued September 23, 2019, granted in part and denied in part a motion to
dismiss. See ECF No. 81. That opinion found that the Third Amended Complaint sufficiently
alleges claims under § 10(b) and § 20(a) of the Exchange Act, as well as state law negligent
misrepresentation and fraud claims. See id. On March 28, 2023, Plaintiffs filed a pre-motion
letter regarding a contemplated motion for partial summary judgment for all elements of its
§ 10(b) claim and state law fraud claim, save loss causation and damages. See ECF No. 283. On
March 30, 2023, Defendants filed a pre-motion letter regarding a contemplated Daubert motion
and a related motion for summary judgment “on Plaintiffs’ claims,” in light of the lack of
admissible testimony regarding loss causation and damages. See ECF No. 285. An order issued
on April 6, 2023, stated that any motions for summary judgment would be adjudicated following
resolution of Defendants’ Daubert motion. See ECF No. 288. An order issued March 14, 2024,
by Magistrate Judge Barbara Moses denied Defendants’ Daubert motion. See ECF No. 298.
It is hereby ORDERED that the parties shall meet and confer regarding next steps in this
litigation and file a joint status letter by March 29, 2024. Such letter shall state whether the
parties request a referral for settlement discussions or would like to retain a third-party mediator.

The letter shall also state whether any party would still like to file a motion for summary
judgment in light of Judge Moses’ opinion and, if so, on which claim(s) or issue(s) they wish to
move. The letter shall propose a briefing schedule for any such motions, as appropriate.
SO ORDERED.
Dated: March 15, 2024
New York, New York

DALE E. HO
United States District Judge

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