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

Filing 234

MEMO ENDORSEMENT: on 226 dismissing as moot Motion for Bond. ENDORSEMENT: The Motion for a Rule 7 Bond is hereby dismissed as moot. The Clerk of Court is respectfully directed to mail a copy of this endorsement to Mr. Stoner and note the mailing on the docket. The Clerk of Court is further directed to terminate the open motion at Dkt. 226 and close this case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/26/2020) (ama) Transmission to Docket Assistant Clerk for processing.

Case 1:17-cv-05361-VEC Document 234 Filed 10/26/20 Page 1 of 4

STEVEN A. SCHWARTZ
[e-mail]

October 26, 2020
VIA ECF and EMAIL
The Honorable Valerie E. Caproni
United States District Court for the
Southern District of New York
40 Foley Square
New York, NY 10007
Email: [e-mail]
Re:

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 10/26/2020

MEMO ENDORSED

Snitzer, et al. v. The Board of Trustees of the American Federation of
Musicians and Employers’ Pension Fund, et al., No. 17-cv-05361-VEC

Dear Judge Caproni:
Attached is the Mandate issued today by the Second Circuit approving the
Stipulation agreed to by Mr. Stoner and the Parties to voluntarily dismiss Mr. Stoner’s
appeal with prejudice. As reflected in the Stipulation, Mr. Stoner and the Parties are
bearing their own costs and attorneys’ fees incurred in connection with the appeal, and
no money or other consideration has been paid or promised in connection with the
dismissal of the appeal. Accordingly, Plaintiffs withdraw their motion for a Bond (ECF
#226) as moot.
Thank you for Your Honor’s consideration of this matter and Your Honor’s
courtesies throughout this litigation.
Respectfully,

Steven A. Schwartz

cc:

All Counsel of Record (via ECF)
Mr. Martin Stoner (via email)

HAVERFORD, PA

WWW.CHIMICLES.COM

WILMINGTON, DE

Case 20-3228, Document 40, 10/26/2020, 2959829, Page1 of 2
Case 1:17-cv-05361-VEC Document 234 Filed 10/26/20 Page 2 of 4

MANDATE

UNITED STATES COURT OF APPEALS
FOR THE
SECOND CIRCUIT
____________________________________________

At a Stated Term of the United States Court of Appeals for the Second Circuit, held at
the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on
the 26th day of October, two thousand twenty,
____________________________________
Andrew Snitzer, individually and as representatives of a ORDER
class of similarly situated persons, on behalf of the
Docket No. 20-3228
American Federation o Musicians and Employers'
Pension Plan, Paul Livant, individually and as
representatives of a class of similarly situated persons, on
behalf of the American Federation o Musicians and
Employers' Pension Plan,
lllllllllllllllllllllPlaintiffs - Appellees,
v.
Martin Stoner,
lllllllllllllllllllllAppellant,
v.
The Board of Trustees of the American Federation of
Musicians and Employers' Pension Fund, Raymond M.
Hair, Jr., Augustino Gagliardi, Gary Matts, William
Moriarty, Brian F. Rood, Laura Ross, Vince Trombetta,
Philip E. Yao, Christopher J.G. Brockmeyer, Michael
DeMartini, Robert W. Johnson, Alan H. Raphael, Jeffrey
Ruthizer, Bill Thomas, JoAnn Kessler, Marion Preston,
Elliot H. Greene, The Investment Committee of the
Board of Trustees of the American Federation of
Musicians and Employers' Pension Fund,
lllllllllllllllllllllDefendants - Appellees.

Andrea Finkelstein, Maureen B. Kilkelly, Does 1-6,
Thomas F. Lee, William Foster, Melinda Wagner,
Harold Bradley, Lovie Smith-Wright,

MANDATE ISSUED ON 10/26/2020

Case 20-3228, Document 40, 10/26/2020, 2959829, Page2 of 2
Case 1:17-cv-05361-VEC Document 234 Filed 10/26/20 Page 3 of 4

lllllllllllllllllllllDefendants.
_______________________________________
The parties in the above-referenced case have filed a stipulation withdrawing this appeal
pursuant to FRAP 42.
The stipulation is hereby "So Ordered".

For The Court:
Catherine O'Hagan Wolfe,
Clerk of Court

Case 1:17-cv-05361-VEC Document 234 Filed 10/26/20 Page 4 of 4
The Motion for a Rule 7 Bond is hereby dismissed as moot.
The Clerk of Court is respectfully directed to mail a copy of this endorsement to Mr. Stoner and note the
mailing on the docket. The Clerk of Court is further directed to terminate the open motion at Dkt. 226 and
close this case.
SO ORDERED.

Date: October 26, 2020
HON. VALERIE CAPRONI
UNITED STATES DISTRICT JUDGE