Case Details

CourtSouthern District of New York
Docket number1:09-md-02058
Date case filed2010-03-02
Date case closed
Date of latest filing2010-03-02
Assigned toJudge P. Kevin Castel
Case cause15:78m(a) Securities Exchange Act
Nature of suit850 Securities/Commodities
Jury demandPlaintiff
Demand
JurisdictionFederal Question

Case Parties

Party: Kenneth A. Ciullo
Party type: Plaintiff
TERMINATED: 05/20/2010
Attorney name: Justin Michael Tarshis
Attorney Contact:
Zwerling, Schachter & Zwerling (Madison Avenue)
41 Madison Avenue
New York, NY 10010
(212) 223-3900
Fax: (212) 371-5969
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Richard A Speirs
Attorney Contact:
Zwerling, Schachter & Zwerling (Madison Avenue)
41 Madison Avenue
New York, NY 10010
2122233900
Fax: 2123715969
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robin F. Zwerling
Attorney Contact:
Zwerling, Schachter & Zwerling (NYC)
41 Madison Avenue
32nd Floor
New York, NY 10010
212-223-3900
Fax: 212-371-5969
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Joanna Ciullo
Party type: Plaintiff
as JTWROS
TERMINATED: 05/20/2010
Attorney name: Justin Michael Tarshis
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Richard A Speirs
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robin F. Zwerling
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Bank of America Corporation
Party type: Defendant
Party: Merrill Lynch & Co. Inc.
Party type: Defendant
Party: Kenneth D. Lewis
Party type: Defendant
Party: John A. Thain
Party type: Defendant
Party: Joe L. Price
Party type: Defendant
Party: Neil A. Cotty
Party type: Defendant
Party: Fjarde AP-Fonden
Party type: Lead Plaintiff
Attorney name: Fjarde AP-Fonden
Attorney Contact:
PRO SE
Party: Ohio Public Employees Retirement System
Party type: Lead Plaintiff
Attorney name: Ohio Public Employees Retirement System
Attorney Contact:
PRO SE
Party: State Teachers Retirement System of Ohio
Party type: Lead Plaintiff
Attorney name: State Teachers Retirement System of Ohio
Attorney Contact:
PRO SE
Party: Stichting Pensioenfonds Zorg en Welzijn, duly represented by PGGM Vermogensbeheer B.V.
Party type: Lead Plaintiff
Attorney name: Stichting Pensioenfonds Zorg en Welzijn, duly represented by PGGM Vermogensbeheer B.V.
Attorney Contact:
PRO SE
Party: Teacher Retirement System of Texas
Party type: Lead Plaintiff
Attorney name: Teacher Retirement System of Texas
Attorney Contact:
PRO SE
Party: Charles N. Dornfest
Party type: Interested Party
Attorney name: Raymond A. Bragar
Attorney Contact:
Bragar, Wexler & Eagel, P.C.
885 Third Avenue
Suite 3040
New York, NY 10022
212-308-5858
Fax: 212-486-0462
Email: [email protected]
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12010-03-02 ComplaintCOMPLAINT against Merrill Lynch & Co. Inc., Kenneth D. Lewis, John A. Thain, Joe L. Price, Neil A. Cotty, Bank of America Corporation. (Filing Fee $ 350.00, Receipt Number 895753)Document filed by Kenneth A. Ciullo, Joanna Ciullo.(rdz) (Additional attachment(s) added on 3/5/2010: # 1 complaint part 2 from pages 45) (ama). (Entered: 03/05/2010)
1.1 complaint part 2 from pages 45
22010-03-15 NOTICE OF CASE ASSIGNMENT to Judge Denny Chin. Judge Unassigned is no longer assigned to the case. (ldi) (Entered: 03/15/2010)
32010-03-16 MOTION to Consolidate Cases 1:10-cv-275-DC and 1:10-cv-1673-DC , Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel. Document filed by Kenneth A. Ciullo, Joanna Ciullo. (Attachments: # 1 Text of Proposed Order)(Speirs, Richard) (Entered: 03/16/2010)
42010-03-16 MEMORANDUM OF LAW in Support re: 3 MOTION to Consolidate Cases 1:10-cv-275-DC and 1:10-cv-1673-DC , Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel.. Document filed by Kenneth A. Ciullo, Joanna Ciullo. (Speirs, Richard) (Entered: 03/16/2010)
52010-03-16 DECLARATION of Richard A. Speirs in Support re: 3 MOTION to Consolidate Cases 1:10-cv-275-DC and 1:10-cv-1673-DC , Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel.. Document filed by Kenneth A. Ciullo, Joanna Ciullo. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Speirs, Richard) (Entered: 03/16/2010)
62010-03-19 STIPULATION AND ORDER ADJOURNING THE TIME FOR DEFENDANTS TO ANSWER, MOVE TO DISMISS OR OTHERWISE RESPOND TO THE COMPLAINT: It is hereby stipulated and agreed by and between the parties that plaintiff shall have until 45 days following the later in time to occur of an order of the Court appointing lead plaintiff in this action and approving lead counsel pursuant to 15 U.S.c. ยง 78u-4(a)(3) or an order of the Court ruling on any application to consolidate this action with the consolidated securities actions in In re Bank of America Corporation Securities, Derivative and ERISA Litigation, No. 09-MD-2058 (S.D.N.Y.) to me an amended complaint, and that the time of all defendants to answer, move to dismiss or otherwise respond to the Complaint shall be extended to 45 days after the later in time of the date on which such amended complaint is due under this Stipulation or of the date on which such amended complaint isactually filed. Plaintiff shall have 45 days after defendants file any motion to dismiss or other response to file any response, and defendants shall have 30 days thereafter to file any reply. (Signed by Judge Denny Chin on 3/19/2010) (jpo) (Entered: 03/19/2010)
72010-03-29 RESPONSE to Motion re: (7 in 1:10-cv-00275-DC, 7 in 1:10-cv-00275-DC) MOTION to Appoint Charles N. Dornfest to serve as lead plaintiff(s) for a class of Bank of America option investors. MOTION to Approve Selection of Lead Counsel of Bragar Wexler Eagel & Squire, PC for that class. MOTION to Appoint Charles N. Dornfest to serve as lead plaintiff(s) for a class of Bank of America option investors., (3 in 1:10-cv-01673-DC) MOTION to Consolidate Cases 1:10-cv-275-DC and 1:10-cv-1673-DC , Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel. Memorandum in Response to Plaintiffs' Motions for (1) Appointment as Lead Plaintiffs, (2) Designation of Lead Plaintiffs' Counsel and/or (3) Other Relief.. Document filed by William Barnet III, Frank P. Bramble, Sr., John T. Collins, Gary L. Countryman, Tommy R. Franks, Charles K. Gifford, Monica C. Lozano, Walter E. Massey, Thomas J. May, Patricia E. Mitchell, Thomas M. Ryan, O. Temple Sloan, Jr., Meredith R. Spangler, Robert L. Tillman, Jackie M. Ward, Bank of America Corp., Neil A. Cotty, Joe L. Price, Kenneth D. Lewis, William Barnet, III, Frank P. Bramble, Sr, O. Temple Sloan, Jr, Bank of America Corporation, Bank of America Corporation. Filed In Associated Cases: 1:09-md-02058-DC, 1:10-cv-00275-DC, 1:10-cv-01673-DC(Hein, Peter) (Entered: 03/29/2010)
82010-03-29 CERTIFICATE OF SERVICE. Document filed by William Barnet III, Frank P. Bramble, Sr., John T. Collins, Gary L. Countryman, Tommy R. Franks, Charles K. Gifford, Monica C. Lozano, Walter E. Massey, Thomas J. May, Patricia E. Mitchell, Thomas M. Ryan, O. Temple Sloan, Jr., Meredith R. Spangler, Robert L. Tillman, Jackie M. Ward, Bank of America Corp., Neil A. Cotty, Joe L. Price, Kenneth D. Lewis. Filed In Associated Cases: 1:09-md-02058-DC, 1:10-cv-00275-DC, 1:10-cv-01673-DC(Whittaker, Keola) (Entered: 03/29/2010)
92010-03-30 NOTICE OF APPEARANCE by Raymond A. Bragar on behalf of Charles N. Dornfest (Bragar, Raymond) (Entered: 03/30/2010)
102010-03-30 MEMORANDUM OF LAW in Opposition re: 3 MOTION to Consolidate Cases 1:10-cv-275-DC and 1:10-cv-1673-DC , Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel.. Document filed by Charles N. Dornfest. (Bragar, Raymond) (Entered: 03/30/2010)
112010-03-31 CERTIFICATE OF SERVICE of Memorandum of Law in Opposition to the Motion by Kenneth A. Ciullo for Appointment of Lead Plaintiff and Lead Counsel served on Multiple, see attached list on March 30, 2010. Document filed by Charles N. Dornfest. (Bragar, Raymond) (Entered: 03/31/2010)
122010-04-01 MEMORANDUM OF LAW in Opposition re: 3 MOTION to Consolidate Cases 1:10-cv-275-DC and 1:10-cv-1673-DC , Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel.. Document filed by Fjarde AP-Fonden, Ohio Public Employees Retirement System, State Teachers Retirement System of Ohio, Stichting Pensioenfonds Zorg en Welzijn, duly represented by PGGM Vermogensbeheer B.V., Teacher Retirement System of Texas. (Castaldo, Gregory) (Entered: 04/01/2010)
132010-04-01 DECLARATION of Gregory M. Castaldo in Opposition re: 3 MOTION to Consolidate Cases 1:10-cv-275-DC and 1:10-cv-1673-DC , Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel.. Document filed by Fjarde AP-Fonden, Ohio Public Employees Retirement System, State Teachers Retirement System of Ohio, Stichting Pensioenfonds Zorg en Welzijn, duly represented by PGGM Vermogensbeheer B.V., Teacher Retirement System of Texas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Castaldo, Gregory) (Entered: 04/01/2010)
142010-04-01 CERTIFICATE OF SERVICE. Document filed by Fjarde AP-Fonden, Ohio Public Employees Retirement System, State Teachers Retirement System of Ohio, Stichting Pensioenfonds Zorg en Welzijn, duly represented by PGGM Vermogensbeheer B.V., Teacher Retirement System of Texas. (Nirmul, Sharan) (Entered: 04/01/2010)
152010-04-01 RESPONSE in Support re: 3 MOTION to Consolidate Cases 1:10-cv-275-DC and 1:10-cv-1673-DC , Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel.. Document filed by Kenneth A. Ciullo, Joanna Ciullo. (Speirs, Richard) (Entered: 04/01/2010)
162010-04-05 RESPONSE in Support re: 3 MOTION to Consolidate Cases 1:10-cv-275-DC and 1:10-cv-1673-DC , Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel. and in Response to Defendants' Memorandum in Response to Plaintiffs' Motions for (1) Appointment as Lead Plaintiffs, (2) Designations of Lead Plaintiffs' Counsel and/or (3) Other Relief. Document filed by Kenneth A. Ciullo, Joanna Ciullo. (Attachments: # 1 Certificate of Service)(Speirs, Richard) (Entered: 04/05/2010)
172010-04-08 REPLY to Response to Motion re: 3 MOTION to Consolidate Cases 1:10-cv-275-DC and 1:10-cv-1673-DC , Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel. and in Response to Lead Plaintiffs' Memorandum of Law in Opposition to Motions for Appointment as Lead Plaintiff and Approval of Lead Counsel Filed in Dornfest and Ciullo. Document filed by Kenneth A. Ciullo, Joanna Ciullo. (Attachments: # 1 Certificate of Service)(Speirs, Richard) (Entered: 04/08/2010)
182010-04-09 MEMORANDUM DECISION. The plaintiffs in Iron Workers, Dornfest, and Ciullo are free to pursue their claims as individual cases - but not as class actions. Iron Workers (No. 09 Civ. 10394), Dornfest (No. 10 Civ. 275), and Ciullo (No. 10 Civ. 1673) are hereby consolidated into the Consolidated Securities Actions (No. 09 MDL 2058). The motions of the plaintiffs in these three cases for appointment as lead plaintiffs and the appointment of their counsel as lead counsel are denied. 2. Additional Individual Actions. On March 16, 2010, Stichting Pensionfonds ABP ("ABP") filed an action against BoA and other defendants based on the same facts and events surrounding the BoA merger with Merrill (No. 10 Civ. 2284). ABP's action is brought as an individual action, and not as a class action. The ABP action may proceed as an individual action, related to, but not consolidated with the Consolidated securities Actions. ABP is directed to respond to defendants' motion to dismiss by April 23, 2010. Defendants are directed to file any reply papers by April 30, 2010. (Replies due by 4/30/2010., Responses due by 4/23/2010) (Signed by Judge Denny Chin on 4/9/10) Filed In Associated Cases: 1:09-md-02058-DC et al.(rjm) (Entered: 04/12/2010)
192010-04-16 ENDORSED LETTER addressed to Judge Denny Chin from Peter C. Hein dated 4/14/10 re: We write to request leave of the Court to file a reply brief of up to 20 pages. On March 24, 2010, the Bank Defendants filed a 13-page brief in support of their Motion to Certify. In response, on April 8, 2010, two separate opposition briefs totaling 44 pages in length were filed: a 25-page brief filed by counsel for Lead Plaintiffs, and a 19-page brief filed by counsel for Plaintiff ABP. ENDORSEMENT: Application granted. So Ordered. (Signed by Judge Denny Chin on 4/15/10) Filed In Associated Cases: 1:09-md-02058-DC et al.(rjm) (Entered: 04/16/2010)
202010-04-21 ORDER REGARDING ISSUANCE OF DOCUMENT PRESERVATION SUBPOENAS TO CERTAIN NON-PARTIES. NOW THEREFORE IT IS HEREBY ORDERED THAT: 1. Lead Plaintiffs in the Securities Action may serve document preservation subpoenas on the following entities at this time, without prejudice to Lead Plaintiffs' ability to seek Court approval to serve document preservation subpoenas on additional non-parties at a later time, and without prejudice to defendants' ability to oppose such requests: Deloitte LLP; Ernst & Young; the Goldman Sachs Group; J.C. Flowers & Co.; the Macquarie Group (as successor-in-interest of Fox-Pitt Kelton Cochran Caronia Waller LLC); Morgan Stanley; PricewaterhouseCoopers; Towers Watson (as successor-in-interest of Towers, Perrin, Forster & Crosby, Inc.). 2. By cover letter accompanying each subpoena, Lead Plaintiffs shall instruct each party to which a preservation subpoena is issued that such party is not required and should not produce documents to Lead Plaintiffs in response to the subpoena at this time and that such party's obligation with respect to the subpoena is limited to preserving all documents reasonably responsive thereto. 3. Nothing herein shall be construed as a waiver by any of the defendants of any objections they may have to the scope of the subpoenas or any specific request included therein. (Signed by Judge Denny Chin on 4/21/10) Filed In Associated Cases: 1:09-md-02058-DC et al.(rjm) (Entered: 04/21/2010)
212010-04-28 ORDER that upon Judge Chin's elevation to the Court of Appeals, this matter is reassigned to the Honorable P. Kevin Castel. (Signed by Judge Loretta A. Preska on 4/28/10) Filed In Associated Cases: 1:09-md-02058-DC et al.(cd) (Entered: 04/28/2010)
222010-04-28 NOTICE OF CASE REASSIGNMENT to Judge P. Kevin Castel. Judge Denny Chin is no longer assigned to the case. (ldi) (Entered: 04/29/2010)
232010-04-30 ORDER. The motions to dismiss the Consolidated Derivative Complaint filed by these defendants (Docket Nos. 94, 96, 106, 110, 114, 125 and 142) are terminated as moot. (Signed by Judge P. Kevin Castel on 4/29/10) Filed In Associated Cases: 1:09-md-02058-DC et al.(rjm) (Entered: 04/30/2010)
242010-05-05 NOTICE of Stichting Pensioenfonds ABP, Aaron M. Katz, and Joel R. Katzs Agreement To Be Bound By Stipulation And Order Governing The Production And Exchange Of Confidential Material Entered January 20, 2010 And The Exhibits And January 28, 2010 Rider Thereto. Document filed by Stichting Pensioenfonds ABP. Filed In Associated Cases: 1:09-md-02058-PKC et al.(Jarvis, Geoffrey) (Entered: 05/05/2010)
252010-05-07 ORDER: In accordance with my Orders of April 29, 2010 (MDL Docket Nos. 251, 252), the Clerk is directed to update the docket to reflect that the motions of Sean M. Handler and David Kessler for admission pro hac vice (MDL Docket Nos. 8,20) were granted. ORDER in case 1:09-cv-00580-PKC; granting (20) Motion for Sean M. Handler to Appear Pro Hac Vice; granting (8) Motion for David Kessler to Appear Pro Hac Vice in case 1:09-md-02058-PKC. (Signed by Judge P. Kevin Castel on 5/6/10) Filed In Associated Cases: 1:09-md-02058-PKC et al.(db) (Entered: 05/07/2010)
262010-05-07 ORDER: The cases captioned Bahnmaier v. Bank of America Corporation, No. 09 Civ. 5411 (PKC), Munoz v. Merrill Lynch & Co., Inc., No. 09 Civ. 10077 (PKC), Stiching Pensioenfonds ABP v. Bank of America Corporation, No. 10 Civ. 2284 (PKC), Finger v. Bank of America Corporation, No. 10 Civ. 2408 (PKC), Weintraub v. Bank of America Corporation, No. 10 Civ. 2409 (PKC), Finger v. Bank of America Corporation, No. 10 Civ. 2410 (PKC), Finger v. Bank of America Corporation, No. 10 Civ. 2411 (PKC), Koenick v. Lewis, No. 10 Civ. 2425 (PKC), Katz v. Bank of America Corporation, No. 10 Civ. 3099 (PKC), Katz v. Bank of America Corporation, No. 10 Civ. 3248 (PKC) and Jalenak v. Bank of America Corporation, No. 10 Civ. 3472 all appear to be individual securities actions arising out of the same or similar set of facts. By May 14, 2010, the parties in the above-referenced cases shall show cause in writing why these cases should not be consolidated with each other for all purposes, including pretrial proceedings and any trial, and why the defendants' time to move to dismiss or otherwise respond to the complaints in the above-captioned matters should not be extended until thirty days after a decision on the motion to dismiss the Consolidated and Amended Class Action Complaint currently before the Court in the Consolidated Securities Action. In addition, by May 14, 2010, the parties in the cases captioned Bahnmaier v. Bank of America Corporation, No. 09 Civ. 5411 (PKC) and Koenick v. Lewis, No. 10 Civ. 2425 (PKC), shall show cause in writing why the motions to dismiss pending in those cases should not be deemed withdrawn, without prejudice to refiling thirty days after a decision on the motion to dismiss the Consolidated and Amended Class Action Complaint currently before the Court in the Consolidated Securities Action. The action captioned Ryan v. Lewis, No. 09 Civ. 6305 (PKC) was filed in the District of Delaware on or about April 1, 2009, and transferred to the Court on or about July 15, 2009. A review of the docket indicates that no party to the Ryan v. Lewis action has objected to its consolidation with the Consolidated Securities Action. Therefore, this action is consolidated for all purposes with the Consolidated Securities Action. The Clerk is directed to close the docket in Ryan v. Lewis, No. 09 Civ. 6305 (PKC). Counsel for all parties to all of the above-referenced actions shall appear in Courtroom 12C at 11:00am on May 19, 2010. Chambers is transmitting by mail a copy of this Order to the plaintiff in Koenick v. Lewis, at the address listed on her complaint. (Signed by Judge P. Kevin Castel on 5/7/10) Copies Mailed by Chambers.Filed In Associated Cases: 1:09-md-02058-PKC et al.(db) (Entered: 05/07/2010)
272010-05-07 ORDER: Counsel for all parties shall appear for a status conference in Courtroom 12C at 11:00am on May 19, 2010. (Status Conference set for 5/19/2010 at 11:00 AM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 5/7/10) Filed In Associated Cases: 1:09-md-02058-PKC et al.(db) (Entered: 05/07/2010)
282010-05-19 ADDENDUM ORDER REGARDING THE CONFIDENTIALITY OF DOCUMENTS AND INFORMATION: This Addendum Order is an integral part of the Stipulation and Order Governing the Production and E)(change of Confidential Material, entered on January 20, 2010 (MDL Docket No. 160), (the "Stipulation") and the rider to that Stipulation and Order, entered on January 29, 2010 (MDL Docket No. 173), (the "Rider"). Notwithstanding any other provision in the Stipulation or the Rider, or any agreement between the parties thereto, no document may be filed under seal with the Clerk of the Court without a further Order of this Court entered upon anapplication addressed to the specific document or documents sought to be sealed. Such application shall be accompanied by affidavit(s) or declaration(s) and a memorandum of law, demonstrating that the standards for sealing have been met. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). Without further application to the Court, a party may make the redactionsauthorized by Rule 5.2(a), FRCP, subject to the limitations and procedures set forth in other subdivisions of that Rule. (Signed by Judge P. Kevin Castel on 5/19/10) Filed In Associated Cases: 1:09-md-02058-PKC et al.(db) (Entered: 05/19/2010)
292010-05-19 ORDER FOLLOWING PRETRIAL CONFERENCE. It is hereby ORDERED that: Defendant Bank of America Corporation's Motion for Clarification of the Court's December 17 Order and for Entry of a Protective Order (MDL Docket No. 144), is DENIED as moot; Within ten days, Lead Plaintiffs in the Consolidated Derivative Action shall file an amended complaint setting forth in paragraphs 83 and 84 the citizenship of the two defendants which are alleged to be limited liability companies or, alternatively, disclaiming diversity of citizenship as a basis for this Court's subject matter jurisdiction; The following actions are consolidated for all purposes, and within ten days, plaintiffs in these actions shall file a consolidated complaint: Stiching Pensioenfonds ABP v. Bank of America Corporation, No. 10 Civ. 2284 (PKC), Finger v. Bank of America Corporation, No. 10 Civ. 2408 (PKC), Weintraub v. Bank of America Corporation, No. 10 Civ. 2409 (PKC), Finger v. Bank of America Corporation, No. 10 Civ. 2410 (PKC), Finger v. Bank of America Corporation, No. 10 Civ. 2411 (PKC), Katz v. Bank of America Corporation, No. 10 Civ. 3099 (PKC), Katz v. Bank of America Corporation, No. 10 Civ. 3248 (PKC), and Jalenak v. Bank of America Corporation, No. 10 Civ. 3248 (PKC). Plaintiffs shall file that consolidated complaint in the action captioned Stiching Pensioenfonds ABP v. Bank of America Corporation, No. 10 Civ. 2284 (PKC), and the dockets in Finger v. Bank of America Corporation, No. 10 Civ. 2408 (PKC), Weintraub v. Bank of America Corporation, No. 10 Civ. 2409 (PKC), Finger v. Bank of America Corporation, No. 10 Civ. 2410 (PKC), Finger v. Bank of America Corporation, No. 10 Civ. 2411 (PKC), Katz v. Bank of America Corporation, No. 10 Civ. 3099 (PKC), Katz v. Bank of America Corporation, No. 10 Civ. 3248 (PKC), and Jalenak v. Bank of America Corporation, No. 10 Civ. 3248 (PKC) are ADMINISTRATIVELY CLOSED; The motions to dismiss in the actions captioned Bahnmaier v. Bank of America Corporation, No. 09 Civ. 5411 (PKC) (MDL Docket Nos. 112 and 116) and Koenick v. Lewis, No. 10 Civ. 2425 (PKC) (MDL Docket No. 256) are WITHDRAWN, without prejudice to defendants refiling the motions 30 days after a decision on the motion to dismiss in the Consolidated Securities Action, and defendants' time to answer or otherwise respond to those complaints is adjourned to that date; and The time for defendants in the action captioned Bahnmaier v. Bank of America Corporation, No. 10 Civ. 1234 (PKC), to answer or otherwise respond to the complaint in that action is extended to 30 days after a decision on the motion to dismiss the Consolidated Derivative Action. denying (126) Motion for Protective Order; denying (126) Motion to Amend/Correct in case 1:09-cv-00580-PKC; denying (44) Motion for Protective Order; denying (44) Motion to Amend/Correct in case 1:09-cv-00638-PKC; denying (63) Motion for Protective Order; denying (63) Motion to Amend/Correct in case 1:09-cv-00606-PKC; denying (53) Motion for Protective Order; denying (53) Motion to Amend/Correct in case 1:09-cv-00740-PKC-RLE; denying (68) Motion for Protective Order; denying (68) Motion to Amend/Correct in case 1:09-cv-00808-PKC; denying (64) Motion for Protective Order; denying (64) Motion to Amend/Correct in case 1:09-cv-00851-PKC; denying (57) Motion for Protective Order; denying (57) Motion to Amend/Correct in case 1:09-cv-00834-PKC; denying (35) Motion for Protective Order; denying (35) Motion to Amend/Correct in case 1:09-cv-00880-PKC; denying (54) Motion for Protective Order; denying (54) Motion to Amend/Correct in case 1:09-cv-00881-PKC; denying (42) Motion for Protective Order; denying (42) Motion to Amend/Correct in case 1:09-cv-00914-PKC; denying (55) Motion for Protective Order; denying (55) Motion to Amend/Correct in case 1:09-cv-00928-PKC; denying (31) Motion for Protective Order; denying (31) Motion to Amend/Correct in case 1:09-cv-01056-PKC; denying (52) Motion for Protective Order; denying (52) Motion to Amend/Correct in case 1:09-cv-01174-PKC; denying (42) Motion for Protective Order; denying (42) Motion to Amend/Correct in case 1:09-cv-01177-PKC; denying (51) Motion for Protective Order; denying (51) Motion to Amend/Correct in case 1:09-cv-01333-PKC; denying (58) Motion for Protective Order; denying (58) Motion to Amend/Correct in case 1:09-cv-01331-PKC; denying (52) Motion for Protective Order; denying (52) Motion to Amend/Correct in case 1:09-cv-01463-PKC; denying (62) Motion for Protective Order; denying (62) Motion to Amend/Correct in case 1:09-cv-01434-PKC; denying (56) Motion for Protective Order; denying (56) Motion to Amend/Correct in case 1:09-cv-01561-PKC; denying (46) Motion for Protective Order; denying (46) Motion to Amend/Correct in case 1:09-cv-01572-PKC; denying (37) Motion for Protective Order; denying (37) Motion to Amend/Correct in case 1:09-cv-01606-PKC; denying (52) Motion for Protective Order; denying (52) Motion to Amend/Correct in case 1:09-cv-01612-PKC; denying (30) Motion for Protective Order; denying (30) Motion to Amend/Correct in case 1:09-cv-01941-PKC; denying (41) Motion for Protective Order; denying (41) Motion to Amend/Correct in case 1:09-cv-02350-PKC; denying (42) Motion for Protective Order; denying (42) Motion to Amend/Correct in case 1:09-cv-02389-PKC; denying (49) Motion for Protective Order; denying (49) Motion to Amend/Correct in case 1:09-cv-02581-PKC; denying (44) Motion for Protective Order; denying (44) Motion to Amend/Correct in case 1:09-cv-02609-PKC; denying (41) Motion for Protective Order; denying (41) Motion to Amend/Correct in case 1:09-cv-02674-PKC; withdrawing (256) Motion to Dismiss; withdrawing (112) Motion to Dismiss; withdrawing (116) Motion to Dismiss for Lack of Jurisdiction; withdrawing (116) Motion to Dismiss; denying (144) Motion for Protective Order; denying (144) Motion to Amend/Correct in case 1:09-md-02058-PKC; denying (29) Motion for Protective Order; denying (29) Motion to Amend/Correct in case 1:09-cv-05410-DC; withdrawing (28) Motion to Dismiss; withdrawing (30) Motion to Dismiss for Lack of Jurisdiction; withdrawing (30) Motion to Dismiss; denying (43) Motion for Protective Order; denying (43) Motion to Amend/Correct in case 1:09-cv-05411-PKC; withdrawing (29) Motion to Dismiss in case 1:10-cv-02425-PKC. Mailed by Chambers to Plaintiff in Koenick. (Signed by Judge P. Kevin Castel on 5/19/10) Filed In Associated Cases: 1:09-md-02058-PKC et al.(rjm) (Entered: 05/20/2010)
302010-05-20 MOTION for Jonathan E. Goldin to Withdraw as Attorney. Document filed by William Barnet III, Frank P. Bramble, Sr., John T. Collins, Gary L. Countryman, Tommy R. Franks, Charles K. Gifford, Monica C. Lozano, Walter E. Massey, Thomas J. May, Patricia E. Mitchell, Thomas M. Ryan, O. Temple Sloan, Jr., Meredith R. Spangler, Robert L. Tillman, Jackie M. Ward, Bank of America Corp., Neil A. Cotty, Joe L. Price, Banc of America Securities L.L.C., Bank of America, Kenneth D. Lewis.Filed In Associated Cases: 1:09-md-02058-PKC et al.(Goldin, Jonathan) (Entered: 05/20/2010)
312010-05-20 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) all defendants. Document filed by Kenneth A. Ciullo, Joanna Ciullo. (Speirs, Richard) (Entered: 05/20/2010)
322010-05-20 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)of the FRCP, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed without prejudice against the defendant(s) Kenneth A. Ciullo, Joanna Ciullo, Joanna Ciullo; and request that no further notices be given to or required of them in these actions, and to be removed from the Court's ECF notification system. ENDORSEMENT: SO ORDERED. (Signed by Judge P. Kevin Castel on 5/20/10) Filed In Associated Cases: 1:09-md-02058-PKC, 1:10-cv-01673-PKC(db) (Entered: 05/20/2010)
332010-06-07 ENDORSED LETTER addressed to Judge P. Kevin Castel from Christopher S. Jones and Albert M. Myers dated 6/1/10 re: Request for an extension of time until 6/9/10 to file a conforming amended complaint. ENDORSEMENT: Application Granted. SO ORDERED. (Amended Pleadings due by 6/9/2010.) (Signed by Judge P. Kevin Castel on 6/7/10) Filed In Associated Cases: 1:09-md-02058-PKC et al.(db) (Entered: 06/07/2010)
342010-06-09 MEMORANDUM ENDORSEMENT re: 280 NOTICE OF MOTION FOR WITHDRAWAL OF APPEARANCE (09MDL2058 - and ALL RELATED CASES). ENDORSEMENT: Motion granted. SO ORDERED. ORDER granting (165) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:09-cv-00580-PKC; granting (78) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:09-cv-00638-PKC; granting (99) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:09-cv-00606-PKC; granting (52) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:09-cv-00720-GBD; granting (87) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:09-cv-00740-PKC-RLE; granting (101) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:09-cv-00808-PKC; granting (94) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:09-cv-00851-PKC; granting (90) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:09-cv-00834-PKC; granting (65) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:09-cv-00880-PKC; granting (88) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:09-cv-00881-PKC; granting (72) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:09-cv-00914-PKC; granting (89) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:09-cv-00928-PKC; granting (61) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:09-cv-01056-PKC; granting (85) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:09-cv-01174-PKC; granting (72) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:09-cv-01177-PKC; granting (84) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:09-cv-01333-PKC; granting (91) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:09-cv-01331-PKC; granting (86) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:09-cv-01463-PKC; granting (95) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:09-cv-01434-PKC; granting (89) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:09-cv-01561-PKC; granting (79) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:09-cv-01572-PKC; granting (67) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:09-cv-01606-PKC; granting (86) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:09-cv-01612-PKC; granting (64) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:09-cv-01941-PKC; granting (75) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:09-cv-02350-PKC; granting (72) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:09-cv-02389-PKC; granting (82) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:09-cv-02581-PKC; granting (77) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:09-cv-02609-PKC; granting (71) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:09-cv-02674-PKC; granting (280) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:09-md-02058-PKC; granting (62) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:09-cv-05410-DC; granting (92) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:09-cv-05411-PKC; granting (60) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:09-cv-06305-PKC; granting (29) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:09-cv-10077-PKC; granting (50) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:09-cv-10394-PKC; granting (34) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:10-cv-00275-PKC; granting (30) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:10-cv-00966-DC; granting (22) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:10-cv-01234-PKC; granting (30) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:10-cv-01673-PKC; granting (21) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:10-cv-02284-PKC; granting (18) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:10-cv-02408-PKC; granting (17) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:10-cv-02409-PKC; granting (17) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:10-cv-02411-PKC; granting (17) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:10-cv-02410-PKC; granting (40) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:10-cv-02425-PKC; granting (13) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:10-cv-03099-PKC; granting (9) Motion to Withdraw as Attorney. Attorney Jonathan Ezra Goldin terminated in case 1:10-cv-03248-PKC. (Signed by Judge P. Kevin Castel on 6/8/10) Filed In Associated Cases: 1:09-md-02058-PKC et al.(db) (Entered: 06/09/2010)
352010-06-25 CONSOLIDATION ORDER. The Individual Actions are consolidated with each other for pre-trial purposes pursuant to Fed. R. Civ. P. 42(a). The Individual Actions are further consolidated with the Consolidated Securities Action for pre-trial purposes, pursuant to Fed. R. Civ. P. 42(a). No action taken hereunder shall have the effect of making any person, firm or corporation a party to any action in which the person or entity has not been named, served, or added as such in accordance with the Federal Rules of Civil Procedure. When an action that relates to the same subject matter as the Consolidated Securities Action is hereafter filed in or transferred to this Court and assigned to the undersigned, it shall be consolidated with the Consolidated Securities Action for all purposes, unless a party objects to consolidation within ten days of the date a copy of the order is served upon counsel for such party. G&E and Susman Godfrey (10-cv-2284) shall have the right to amend the complaint until 12/30/10 to add new plaintiffs on the condition that no substantive amendments are made other than to add facts related to the new plaintiffs. This order shall not affect these plaintiffs' right to substantively amend the complaint with the defendants' consent or with the Court's leave in accordance with Fed. R. Civ. P. 15(a), or the right of any of the Defendants to object to any further amendment, as further set forth in said order. (Signed by Judge P. Kevin Castel on 6/24/10) Filed In Associated Cases: 1:09-md-02058-PKC et al.(rjm) (Entered: 06/28/2010)