Ferguson et al v. Ruane Cuniff & Goldfarb Inc. et al

Filing 330

ORDER granting 323 Letter Motion to Seal. In accordance with the Court's ruling at the hearing on November 18, 2021, the DST Defendants' Motion for a Preliminary Injunction is GRANTED. ECF No. 312. The DST Defendants' Motion to S eal is also GRANTED. ECF No. 323. It is hereby ORDERED that all members of the Federal Rule of Civil Procedure 23(b)(1) class certified by this Court on August 17, 2021, including the Arbitration Claimants, are ENJOINED from instituting new action s or litigating in arbitration or other proceedings against the DST Defendants matters arising out of or relating to the facts or transactions alleged in the Ferguson amended complaint. The DST Defendants and the Arbitration Claimants shall submit briefing, not to exceed three pages, regarding the amount of security to be posted. The DST Defendants' brief is due Friday, November 18, 2021. The Arbitration Claimants' response is due Monday, November 22, 2021. The Court orders the D ST Defendants and the Arbitration Claimants to submit briefing on the issue of arbitration awards that have been entered against the DST Defendants. The Parties shall jointly submit a proposed briefing schedule by Wednesday, November 24, 2021. The Clerk of Court is respectfully directed to terminate the letter motion at ECF No. 323. (Signed by Judge Andrew L. Carter, Jr on 11/18/2021) (ate)

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Case 1:17-cv-06685-ALC-BCM Document 330 Filed 11/18/21 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK November 18, 2021 MICHAEL L. FERGUSON ET AL., Plaintiffs, 17-CV-6685 (ALC) -againstRUANE CUNIFF & GOLDFARB INC., ORDER Defendants. ANDREW L. CARTER, JR., United States District Judge: In accordance with the Court’s ruling at the hearing on November 18, 2021, the DST Defendants’ Motion for a Preliminary Injunction is GRANTED. ECF No. 312. The DST Defendants’ Motion to Seal is also GRANTED. ECF No. 323. It is hereby ORDERED that all members of the Federal Rule of Civil Procedure 23(b)(1) class certified by this Court on August 17, 2021, including the Arbitration Claimants, are ENJOINED from instituting new actions or litigating in arbitration or other proceedings against the DST Defendants matters arising out of or relating to the facts or transactions alleged in the Ferguson amended complaint. The DST Defendants and the Arbitration Claimants shall submit briefing, not to exceed three pages, regarding the amount of security to be posted. The DST Defendants’ brief is due Friday, November 18, 2021. The Arbitration Claimants’ response is due Monday, November 22, 2021. The Court orders the DST Defendants and the Arbitration Claimants to submit briefing on the issue of arbitration awards that have been entered against the DST Defendants. The Parties shall jointly submit a proposed briefing schedule by Wednesday, November 24, 2021. The Clerk of Court is respectfully directed to terminate the letter motion at ECF No. 323. Case 1:17-cv-06685-ALC-BCM Document 330 Filed 11/18/21 Page 2 of 2 SO ORDERED. Dated: November 18, 2021 New York, New York ___________________________________ ANDREW L. CARTER, JR. United States District Judge

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