Securities and Exchange Commission v. Rio Tinto PLC et al

Filing 292

ORDER terminating 222 Motion re: 222 MOTION to Exclude Expert Opinions and Testimony ., 225 MOTION to Preclude Expert Testimony., 238 MOTION for Summary Judgment / NOTICE OF DEFENDANTS' CONSOLIDATED MOTION FOR SUMMARY JUDGMENT. ; terminating 225 Motion to Preclude; terminating 238 Motion for Summary Judgment. On September 9, 2022, the Second Circuit issued a mandate affirming the Court's March 3, 2021 Order, ECF No. 213. ECF No. 291. By October 14, 2022, the parties shall file a joint letter of no more than ten pages addressing whether the Second Circuit's decision in Securities and Exchange Commission v. Rio Tinto PLC et al., No. 21-2042 (2d Cir. July 15, 2022) affect s Defendants motion for summary judgment, ECF No. 238, and the parties' motions to exclude expert testimony, ECF Nos. 222, 225. In particular, the parties are directed to address whether Plaintiff waived certain of its claims against Defendants Albanese and Elliott through its interlocutory appeal. ECF Nos. 239 at 61 n.29; 258 at 61 n.26. Accordingly, the Court's decision on Defendants' motion for summary judgment and the parties' motions to exclude expert testimony is HELD IN ABEYANCE. The Clerk of Court is directed to terminate the motions at ECF Nos. 222, 225, and 238. SO ORDERED.. (Signed by Judge Analisa Torres on 9/15/2022) (kv)

Case 1:17-cv-07994-AT Document 292 Filed 09/15/22 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
SECURITIES AND EXCHANGE
COMMISSION,

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #: _________________
DATE FILED: __9/15/2022______

Plaintiff,
-against-

17 Civ. 7994 (AT) (VF)

RIO TINTO PLC, RIO TINTO LIMITED,
THOMAS ALBANESE, and GUY ROBERT
ELLIOTT,

ORDER

Defendants.
ANALISA TORRES, District Judge:
On September 9, 2022, the Second Circuit issued a mandate affirming the Court’s March
3, 2021 Order, ECF No. 213. ECF No. 291. By October 14, 2022, the parties shall file a joint
letter of no more than ten pages addressing whether the Second Circuit’s decision in Securities
and Exchange Commission v. Rio Tinto PLC et al., No. 21-2042 (2d Cir. July 15, 2022) affects
Defendants’ motion for summary judgment, ECF No. 238, and the parties’ motions to exclude
expert testimony, ECF Nos. 222, 225. In particular, the parties are directed to address whether
Plaintiff waived certain of its claims against Defendants Albanese and Elliott through its
interlocutory appeal. ECF Nos. 239 at 61 n.29; 258 at 61 n.26.
Accordingly, the Court’s decision on Defendants’ motion for summary judgment and the
parties’ motions to exclude expert testimony is HELD IN ABEYANCE.
The Clerk of Court is directed to terminate the motions at ECF Nos. 222, 225, and 238.
SO ORDERED.
Dated: September 15, 2022
New York, New York