Snitzer et al v. The Board of Trustees of the American Federation of Musicians and Employers' Pension Fund et al

Filing 183

ORDER: IT IS HEREBY ORDERED that the attached class member communications are filed on ECF for purposes of maintaining an accurate public record. IT IS FURTHER ORDERED that Mr. Stoner's second request for reconsideration is DENIED. Although Mr. Stoner disclaims moving for the reconsideration, which he now concedes he cannot do as an unnamed and non-appearing class member, the letter invites the Court to reconsider its decision sua sponte, which is nothing more than an attempt to skirt the fact that Mr. Stoner has not appeared in this action. The request is therefore denied; the Court further notes that it sees no basis for sanctioning Class Counsel, who has complied with this Court's deadlines and orders; nor does Mr. Stoner' ;s request for information related to his ethics complaints or other claims not raised in this case justify disclosure of privileged documents, which would be released not only to class members but to the broader public. While the parties' reque st to bar Mr. Stoner from further excessive filings is understandable, the Court does not see a need to do so at this time. As the parties note, the objections deadline is three days from now, on July 27, 2020. After that deadline, any unsolicited ob jections filed by any class member, including Mr. Stoner, will be rejected asuntimely, and no further response shall be required. Mr. Stoner is warned, however, that further attempts to re-litigate issues already decided by the Court may result in sa nctions, including a bar against further submissions. Because the parties' request to bar Mr. Stoner from further submissions is hereby denied, no further response from Mr. Stoner is requested, and any such response will be disregarded as moot. A copy of this Order has been emailed to Mr. Stoner as a courtesy. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/24/2020) Copies Mailed By Chambers. (ama)

Case 1:17-cv-05361-VEC Document 183 Filed 07/24/20 Page 1 of 22

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ANDREW SNITZER and PAUL LIVANT, individually
and as representatives of a class of similarly situated
persons, on behalf of the American Federation of
Musicians and Employers’ Pension Plan,

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 07/24/2020

Plaintiffs,
v.
THE BOARD OF TRUSTEES OF THE AMERICAN
FEDERATION OF MUSICIANS AND EMPLOYERS’
PENSION FUND, THE INVESTMENT COMMITTEE
OF THE BOARD OF TRUSTEES OF THE
AMERICAN FEDERATION OF MUSICIANS AND
EMPLOYERS’ PENSION FUND, RAYMOND M.
HAIR, JR., AUGUSTINO GAGLIARDI, GARY
MATTS, WILLIAM MORIARITY, BRIAN F. ROOD,
LAURA ROSS, VINCE TROMBETTA, PHILLIP E.
YAO, CHRISTOPHER J.G. BROCKMEYER,
MICHAEL DEMARTINI, ELLIOT H. GREENE,
ROBERT W. JOHNSON, ALAN H. RAPHAEL,
JEFFREY RUTHIZER, BILL THOMAS, JOANN
KESSLER, MARION PRESTON,

No. 1:17-cv-5361 (VEC)
ORDER

Defendants.
VALERIE CAPRONI, United States District Judge:
WHEREAS the Court has received additional objections and other communications from
class members since July 20, 2020;
WHEREAS among those objections is putative class member Martin Stoner’s invitation
for the Court to reconsider, again, its prior decision on disclosure of counsel’s meeting notes; and
WHEREAS the parties have requested that Mr. Stoner be barred from submitting further
objections and letters unless solicited by the Court;
IT IS HEREBY ORDERED that the attached class member communications are filed on
ECF for purposes of maintaining an accurate public record.

Case 1:17-cv-05361-VEC Document 183 Filed 07/24/20 Page 2 of 22

IT IS FURTHER ORDERED that Mr. Stoner’s second request for reconsideration is
DENIED. Although Mr. Stoner disclaims moving for the reconsideration, which he now
concedes he cannot do as an unnamed and non-appearing class member, the letter invites the
Court to reconsider its decision sua sponte, which is nothing more than an attempt to skirt the
fact that Mr. Stoner has not appeared in this action. The request is therefore denied; the Court
further notes that it sees no basis for sanctioning Class Counsel, who has complied with this
Court’s deadlines and orders; nor does Mr. Stoner’s request for information related to his ethics
complaints or other claims not raised in this case justify disclosure of privileged documents,
which would be released not only to class members but to the broader public.
While the parties’ request to bar Mr. Stoner from further excessive filings is
understandable, the Court does not see a need to do so at this time. As the parties note, the
objections deadline is three days from now, on July 27, 2020. After that deadline, any
unsolicited objections filed by any class member, including Mr. Stoner, will be rejected as
untimely, and no further response shall be required. Mr. Stoner is warned, however, that further
attempts to re-litigate issues already decided by the Court may result in sanctions, including a bar
against further submissions. Because the parties’ request to bar Mr. Stoner from further
submissions is hereby denied, no further response from Mr. Stoner is requested, and any such
response will be disregarded as moot.
A copy of this Order has been emailed to Mr. Stoner as a courtesy.

SO ORDERED.
_________________________________
VALERIE CAPRONI
United States District Judge

Date: July 24, 2020
New York, New York

2

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