Repex Ventures S.A v. Madoff et al

Plaintiff:Repex Ventures S.A
Defendant:Bernard L. Madoff, Bernard L. Madoff Investment Securities, Bank Medici S.A., Sonja Kohn, Peter Scheithauer, Herald USA Fund, Herald Luxemburg Fund, Bank Austria Creditanstalt, Unicredit S.A., Primeo Select Funds, Pioneer Alternative Investments, Thema International Fund PLC, Ernst & Young LLP and HSBC Holdings plc
 
Case Number:1:2009cv00289
Filed:January 12, 2009
 
Court:New York Southern District Court
Office:Securities/Commodities Office [ Court Info ]
County:NewYork
Presiding Judge:Judge Richard M. Berman
 
Nature of Suit:Other Statutes - Securities/Commodities/Exchanges
Cause:Federal Question
Jurisdiction:Federal Question
Jury Demanded By:15:78m(a) Securities Exchange Act
Date Filed # Docket Text
January 12, 2009 1 COMPLAINT against Herald USA Fund, Herald Luxemburg Fund, Bank Austria Creditanstalt, Unicredit S.A., Primeo Select Funds, Pioneer Alternative Investments, Thema International Fund PLC, Ernst & Young LLP, HSBC Holdings plc, Bernard L. Madoff, Bernard L. Madoff Investment Securities, Bank Medici S.A., Sonja Kohn, Peter Scheithauer. (Filing Fee $ 350.00, Receipt Number 674492)Document filed by Repex Ventures S.A.(ama) (Entered: January 13, 2009)
January 12, 2009 SUMMONS ISSUED as to Herald USA Fund, Herald Luxemburg Fund, Bank Austria Creditanstalt, Unicredit S.A., Primeo Select Funds, Pioneer Alternative Investments, Thema International Fund PLC, Ernst & Young LLP, HSBC Holdings plc, Bernard L. Madoff, Bernard L. Madoff Investment Securities, Bank Medici S.A., Sonja Kohn, Peter Scheithauer. (ama) (Entered: January 13, 2009)
January 12, 2009 Magistrate Judge Henry B. Pitman is so designated. (ama) (Entered: January 13, 2009)
January 12, 2009 Case Designated ECF. (ama) (Entered: January 13, 2009)
January 12, 2009 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Repex Ventures S.A.(ama) (Entered: January 13, 2009)
January 21, 2009 3 ENDORSED LETTER addressed to Judge Richard M. Berman from Timothy J. Burke dated 1/16/09 re: I write seeking a short postponement of 21-days for the initial pre-trial conference the Court recently set for January 27, 2009. ENDORSEMENT: Conference adjourned to 2/25/09 at 9:00 a.m. (Signed by Judge Richard M. Berman on 1/20/09) (pl) (Entered: January 21, 2009)
January 21, 2009 4 ENDORSED LETTER addressed to Judge Richard M. Berman from Timothy J. Burke dated 1/16/09 re: My Client I represent plaintiff Repex Ventures, S.A. in the above entitled securities class action. I write seeking a short postponement of 21-days for the initial pre-trial conference the Court recently set for January 27, 2009. ENDORSEMENT: conference adjourned to 2/23/09 at 9:00 a.m. (Signed by Judge Richard M. Berman on 1/20/09) (pl) (Entered: January 23, 2009)
January 26, 2009 5 AMENDED COMPLAINT amending 1 Complaint, against Primeo Executive Fund, Herald USA Fund, Herald Luxemburg Fund, Bank Austria Creditanstalt, Unicredit S.A., Primeo Select Funds, Pioneer Alternative Investments, Thema International Fund PLC, Ernst & Young LLP, HSBC Holdings plc, Bernard L. Madoff, Bank Medici S.A., Sonja Kohn, Peter Scheithauer. Document filed by Repex Ventures S.A. Related document: 1 Complaint, filed by Repex Ventures S.A.(dle) (dle). (dle). (Entered: January 29, 2009)
February 13, 2009 6 MOTION for Timothy J. Burke to Appear Pro Hac Vice. Document filed by Repex Ventures S.A.(dle) (Entered: February 18, 2009)
February 18, 2009 7 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Repex Ventures S.A.(Brody, Jules) (Entered: February 18, 2009)
February 19, 2009 8 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION, granting 6 Motion for Timothy J. Burke to Appear Pro Hac Vice as counsel for Plaintiff Repex Ventures S.A. (Signed by Judge Richard M. Berman on 2/19/09) (pl) (Entered: February 19, 2009)
February 19, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: 8 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (pl) (Entered: February 19, 2009)
February 20, 2009 9 ENDORSED LETTER addressed to Judge Richard M. Berman from Timothy J. Burke dated 2/18/09 re: Counsel for Plaintiff Repex Ventures S.A. write seeking an additional 120-day postponement of the initial pre-trial conference currently scheduled for 2/23/09. ENDORSEMENT: Conference adjourned to 4/16/09 @ 9:00 AM. (Signed by Judge Richard M. Berman on 2/20/09) (tro) (Entered: 02/23/2009)
March 6, 2009 CASHIERS OFFICE REMARK on 6 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 02/13/2009, Receipt Number 679282. (jd) (Entered: March 6, 2009)
March 6, 2009 10 RELATED CASE Affirmation of Timothy J. Burke, Esq. re: that this action be filed as related to 09-cv-2032 (RMB). Document filed by Repex Ventures S.A.(Burke, Timothy) (Entered: 03/06/2009)
March 11, 2009 11 ENDORSED LETTER addressed to Judge Richard M. Berman from Robert S. Schachter dated 3/10/09 re: Request for a pre-motion conference. ENDORSEMENT: Ok to submit motions regarding lead plaintiff (all applicants are welcome to submit). SO ORDERED. (Signed by Judge Richard M. Berman on 3/11/09) (db) (Entered: March 11, 2009)
March 12, 2009 18 ENDORSED LETTER addressed to Judge Richard M. Berman from Samuel H. Rudman dated 3/11/2009 re: Requesting that the Court order one deadline so that all class members who wish to be appointed as lead plaintiff are working from a level playing field and are not prejudice by the varying deadlines. We believe that deadline should be March 13, 2009. ENDORSEMENT: The filing date for reply is 3/13/2009 (on class members have been notified). I'm not sure why the Stull firm filed a second case on 3/5/2009 but since they did, we should not disturb the filing period for that action, which seems to be 5/4/2009. (Signed by Judge Richard M. Berman on 3/12/2009) (jpo) (Entered: March 13, 2009)
March 13, 2009 12 MOTION to Appoint Peter Brandhofer to serve as lead plaintiff(s) and for Consolidation and Appointment of Lead Counsel. Document filed by Peter Brandhofer. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Schachter, Robert) (Entered: March 13, 2009)
March 13, 2009 13 MEMORANDUM OF LAW in Support re: 12 MOTION to Appoint Peter Brandhofer to serve as lead plaintiff(s) and for Consolidation and Appointment of Lead Counsel. MOTION to Appoint Peter Brandhofer to serve as lead plaintiff(s) and for Consolidation and Appointment of Lead Counsel.. Document filed by Peter Brandhofer. (Schachter, Robert) (Entered: March 13, 2009)
March 13, 2009 14 AFFIDAVIT of Robert S. Schachter in Support re: 12 MOTION to Appoint Peter Brandhofer to serve as lead plaintiff(s) and for Consolidation and Appointment of Lead Counsel. MOTION to Appoint Peter Brandhofer to serve as lead plaintiff(s) and for Consolidation and Appointment of Lead Counsel.. Document filed by Peter Brandhofer. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Schachter, Robert) (Entered: March 13, 2009)
March 13, 2009 15 MOTION to Appoint Counsel., MOTION to Appoint Dr. Shmuel Cabilly to serve as lead plaintiff(s)., MOTION to Consolidate Cases 09-2032. Document filed by Shmuel Cabilly.(Torell, Catherine) (Entered: March 13, 2009)
March 13, 2009 16 MEMORANDUM OF LAW in Support re: 15 MOTION to Appoint Counsel. MOTION to Appoint Dr. Shmuel Cabilly to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-2032.. Document filed by Shmuel Cabilly. (Torell, Catherine) (Entered: March 13, 2009)
March 13, 2009 17 DECLARATION of Catherine A. Torell in Support re: 15 MOTION to Appoint Counsel. MOTION to Appoint Dr. Shmuel Cabilly to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-2032.. Document filed by Shmuel Cabilly. (Torell, Catherine) (Entered: March 13, 2009)
March 13, 2009 19 MOTION to Appoint Repex Ventures S.A. and Radovan Fijember to serve as lead plaintiff(s) and Approving Selection of Lead Counsel. Document filed by Repex Ventures S.A. (Attachments: # 1 Text of Proposed Order Attachment 1)(Burke, Timothy) (Entered: March 13, 2009)
March 13, 2009 20 MEMORANDUM OF LAW in Support re: 19 MOTION to Appoint Repex Ventures S.A. and Radovan Fijember to serve as lead plaintiff(s) and Approving Selection of Lead Counsel.. Document filed by Repex Ventures S.A. (Burke, Timothy) (Entered: March 13, 2009)
March 13, 2009 21 DECLARATION of Timothy J. Burke, Esq. in Support re: 19 MOTION to Appoint Repex Ventures S.A. and Radovan Fijember to serve as lead plaintiff(s) and Approving Selection of Lead Counsel.. Document filed by Repex Ventures S.A. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Burke, Timothy) (Entered: March 13, 2009)
March 13, 2009 22 AFFIDAVIT OF SERVICE. Document filed by Repex Ventures S.A. (Burke, Timothy) (Entered: March 13, 2009)
March 13, 2009 23 MOTION to Appoint Nurnberger Verischerung Aktiengesellschaft Osterreich to serve as lead plaintiff(s). Document filed by Nurnberger Versicherung Aktiengesellschaft Osterreich. (Attachments: # 1 Text of Proposed Order)(Rudman, Samuel) (Entered: March 13, 2009)
March 13, 2009 24 MEMORANDUM OF LAW in Support re: 23 MOTION to Appoint Nurnberger Verischerung Aktiengesellschaft Osterreich to serve as lead plaintiff(s).. Document filed by Nurnberger Versicherung Aktiengesellschaft Osterreich. (Rudman, Samuel) (Entered: March 13, 2009)
March 13, 2009 25 DECLARATION of Samuel H. Rudman in Support re: 23 MOTION to Appoint Nurnberger Verischerung Aktiengesellschaft Osterreich to serve as lead plaintiff(s).. Document filed by Nurnberger Versicherung Aktiengesellschaft Osterreich. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Rudman, Samuel) (Entered: March 13, 2009)
March 27, 2009 26 NOTICE of Notice of Withdrawal of Motion of Peter Brandhofer for Consolidation and for Appointment of Lead Plaintiff and Lead Counsel re: 13 Memorandum of Law in Support of Motion, 12 MOTION to Appoint Peter Brandhofer to serve as lead plaintiff(s) and for Consolidation and Appointment of Lead Counsel. MOTION to Appoint Peter Brandhofer to serve as lead plaintiff(s) and for Consolidation and Appointment of Lead Counsel., 14 Affidavit in Support of Motion,. Document filed by Peter Brandhofer. (Schachter, Robert) (Entered: March 27, 2009)
March 30, 2009 27 MEMORANDUM OF LAW in Opposition re: 15 MOTION to Appoint Counsel. MOTION to Appoint Dr. Shmuel Cabilly to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-2032., 19 MOTION to Appoint Repex Ventures S.A. and Radovan Fijember to serve as lead plaintiff(s) and Approving Selection of Lead Counsel. and in Further Support of Motion of Nurnberger. Document filed by Nurnberger Versicherung Aktiengesellschaft Osterreich. (Rosenfeld, David) (Entered: March 30, 2009)
March 30, 2009 28 MEMORANDUM OF LAW in Opposition re: 23 MOTION to Appoint Nurnberger Verischerung Aktiengesellschaft Osterreich to serve as lead plaintiff(s)., 19 MOTION to Appoint Repex Ventures S.A. and Radovan Fijember to serve as lead plaintiff(s) and Approving Selection of Lead Counsel.. Document filed by Shmuel Cabilly. (Torell, Catherine) (Entered: March 30, 2009)
March 30, 2009 29 MEMORANDUM OF LAW in Opposition re: 15 MOTION to Appoint Counsel. MOTION to Appoint Dr. Shmuel Cabilly to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-2032., 23 MOTION to Appoint Nurnberger Verischerung Aktiengesellschaft Osterreich to serve as lead plaintiff(s).. Document filed by Repex Ventures S.A. (Burke, Timothy) (Entered: March 30, 2009)
March 30, 2009 30 DECLARATION of Timothy J. Burke in Opposition re: 15 MOTION to Appoint Counsel. MOTION to Appoint Dr. Shmuel Cabilly to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-2032., 23 MOTION to Appoint Nurnberger Verischerung Aktiengesellschaft Osterreich to serve as lead plaintiff(s).. Document filed by Repex Ventures S.A. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Burke, Timothy) (Entered: March 30, 2009)
April 6, 2009 31 STIPULATION AND ORDER FOR EXTENSION OF TIME; Each Defendant's time to answer, move to dismiss or otherwise respond to the Amended Complaint filed in the Repex Action shall be adjourned sine die. Each Defendant's time to answer, move to dismiss or otherwise respond to the complaint filed in the Leonhardt Action shall be adjourned sine die. Once lead plaintiff(s) are appointed by the Court in both Actions, such lead plaintiff(s) will have 30 days from the date thereof to file a consolidated amended complaint covering the Repex and Leonhardt Actions (the "Consolidated Action"). Each Defendant in the Consolidated Action shall have 60 days from the date a consolidated amended complaint is filed and served on that Defendant to answer, move to dismiss, or otherwise respond thereto. ENDORSEMENT: See Court's rules regarding the filing of motions. IT IS SO ORDERED. (Signed by Judge Richard M. Berman on 4/6/2009) (tve) (Entered: April 6, 2009)
April 9, 2009 32 REPLY MEMORANDUM OF LAW in Support re: 15 MOTION to Appoint Counsel. MOTION to Appoint Dr. Shmuel Cabilly to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-2032.. Document filed by Shmuel Cabilly. (Torell, Catherine) (Entered: April 9, 2009)
April 9, 2009 33 REPLY MEMORANDUM OF LAW in Support re: 19 MOTION to Appoint Repex Ventures S.A. and Radovan Fijember to serve as lead plaintiff(s) and Approving Selection of Lead Counsel.. Document filed by Repex Ventures S.A. (Burke, Timothy) (Entered: April 9, 2009)
April 14, 2009 34 ENDORSED LETTER addressed to Judge Richard M. Berman from Susan L. Saltzstein dated 4/14/2009 re: Requesting an adjournment of the conference scheduled for April 16, 2009. ENDORSEMENT: Adjourned to 6/16/2009 at 9:00 a.m. (Signed by Judge Richard M. Berman on 4/14/2009) (jpo) (Entered: April 14, 2009)
May 4, 2009 35 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s) and for Consolidation of All Related Actions, and Approval of Selection of Lead Counsel. Document filed by Repex Ventures S.A. (Attachments: # 1 Text of Proposed Order)(Burke, Timothy) Modified on 5/5/2009 (jar). (Entered: May 4, 2009)
May 4, 2009 36 FILING ERROR DEFICIENT DOCKET ENTRY MEMORANDUM OF LAW in Support re: 35 MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s) and for Consolidation of All Related Actions, and Approval of Selection of Lead Counsel. MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s) and for Consolidation of All Related Actions, and Approval of Selection of Lead Counsel.. Document filed by Repex Ventures S.A. (Burke, Timothy) Modified on 5/5/2009 (jar). (Entered: May 4, 2009)
May 4, 2009 37 FILING ERROR DEFICIENT DOCKET ENTRY DECLARATION of Timothy J. Burke in Support re: 35 MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s) and for Consolidation of All Related Actions, and Approval of Selection of Lead Counsel. MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s) and for Consolidation of All Related Actions, and Approval of Selection of Lead Counsel.. Document filed by Repex Ventures S.A. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Burke, Timothy) Modified on 5/5/2009 (jar). (Entered: May 4, 2009)
May 4, 2009 38 MOTION to Appoint Foxton Group to serve as lead plaintiff(s)., MOTION to Consolidate Cases 09cv289, 09cv2302; 09cv2558., MOTION to Appoint Counsel. Document filed by Foxton Group.(Linkh, Gregory) (Entered: May 4, 2009)
May 4, 2009 39 MEMORANDUM OF LAW in Support re: 38 MOTION to Appoint Foxton Group to serve as lead plaintiff(s). MOTION to Consolidate Cases 09cv289, 09cv2302; 09cv2558. MOTION to Appoint Counsel.. Document filed by Foxton Group. (Linkh, Gregory) (Entered: May 4, 2009)
May 4, 2009 40 DECLARATION of Gregory B. Linkh in Support re: 38 MOTION to Appoint Foxton Group to serve as lead plaintiff(s). MOTION to Consolidate Cases 09cv289, 09cv2302; 09cv2558. MOTION to Appoint Counsel.. Document filed by Foxton Group. (Linkh, Gregory) (Entered: 05/04/2009)
May 4, 2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Timothy Burke to RE-FILE Document 35 MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s) and for Consolidation of All Related Actions, and Approval of Selection of Lead Counsel. MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s) and for Consolidation of All Related Actions, and Approval of Selection of Lead Counsel. ERROR(S): When filing a Motion with multiple requests each specific request must be selected from the Motions menu (ex/ Appoint Lead Plaintiff(s), Consolidate Case, Appoint Counsel). (jar) (Entered: May 5, 2009)
May 4, 2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Timothy Burke to RE-FILE Document 36 Memorandum of Law in Support of Motion. ERROR(S): A document cannot be linked to a filing error. Refile and link to correctly re-filed Motion. (jar) (Entered: May 5, 2009)
May 4, 2009 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Timothy Burke to RE-FILE Document 37 Declaration in Support of Motion. ERROR(S): A document cannot be linked to a filing error. Refile and link to correctly re-filed Motion. (jar) (Entered: May 5, 2009)
May 5, 2009 41 MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s)., MOTION to Appoint Counsel., MOTION to Consolidate Cases 1:09-cv-02032, 1:09-cv-02558. Document filed by Repex Ventures S.A. (Attachments: # 1 Text of Proposed Order)(Burke, Timothy) (Entered: May 5, 2009)
May 5, 2009 42 MEMORANDUM OF LAW in Support re: 41 MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Consolidate Cases 1:09-cv-02032, 1:09-cv-02558. MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s).. Document filed by Repex Ventures S.A. (Burke, Timothy) (Entered: May 5, 2009)
May 5, 2009 43 DECLARATION of Timothy J. Burke in Support re: 41 MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Consolidate Cases 1:09-cv-02032, 1:09-cv-02558. MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s).. Document filed by Repex Ventures S.A. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Burke, Timothy) (Entered: May 5, 2009)
May 20, 2009 44 ENDORSED LETTER addressed to Judge Richard M. Berman from Susan L. Saltzstein dated 5/19/09 re: Counsel for Defendant Pioneer Alternative Investments respectfully request that the conference be rescheduled for Wednesday, 6/24/09 if convenient for the Court. ENDORSEMENT: Application granted. Conference adjourned to 6/24/09 at 9:00 a.m. (Signed by Judge Richard M. Berman on 5/19/09) (tro) (Entered: May 20, 2009)
May 21, 2009 45 MEMORANDUM OF LAW in Opposition re: 38 MOTION to Appoint Foxton Group to serve as lead plaintiff(s). MOTION to Consolidate Cases 09cv289, 09cv2302; 09cv2558. MOTION to Appoint Counsel., 41 MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Consolidate Cases 1:09-cv-02032, 1:09-cv-02558. MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s).. Document filed by Shmuel Cabilly. (Torell, Catherine) (Entered: May 21, 2009)
May 21, 2009 46 DECLARATION of Catherine A. Torell in Opposition re: 38 MOTION to Appoint Foxton Group to serve as lead plaintiff(s). MOTION to Consolidate Cases 09cv289, 09cv2302; 09cv2558. MOTION to Appoint Counsel., 41 MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Consolidate Cases 1:09-cv-02032, 1:09-cv-02558. MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s).. Document filed by Shmuel Cabilly. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Torell, Catherine) (Entered: May 21, 2009)
May 21, 2009 47 FILING ERROR - DEFICIENT DOCKET ENTRY - (LINKED TO THE WRONG MOTION, SEE DOCUMENT #51) - MEMORANDUM OF LAW in Opposition re: 15 MOTION to Appoint Counsel. MOTION to Appoint Dr. Shmuel Cabilly to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-2032.. Document filed by Repex Ventures S.A. (Burke, Timothy) Modified on 6/4/2009 (lb). (Entered: May 21, 2009)
May 21, 2009 48 DECLARATION of Timothy J. Burke in Opposition re: 38 MOTION to Appoint Foxton Group to serve as lead plaintiff(s). MOTION to Consolidate Cases 09cv289, 09cv2302; 09cv2558. MOTION to Appoint Counsel.. Document filed by Repex Ventures S.A. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Burke, Timothy) (Entered: May 21, 2009)
May 21, 2009 49 MEMORANDUM OF LAW in Opposition re: 15 MOTION to Appoint Counsel. MOTION to Appoint Dr. Shmuel Cabilly to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-2032., 41 MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Consolidate Cases 1:09-cv-02032, 1:09-cv-02558. MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s).. Document filed by Foxton Group. (Linkh, Gregory) (Entered: May 21, 2009)
May 21, 2009 50 DECLARATION of Foxton Group in Opposition re: 15 MOTION to Appoint Counsel. MOTION to Appoint Dr. Shmuel Cabilly to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-2032., 41 MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Consolidate Cases 1:09-cv-02032, 1:09-cv-02558. MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s).. Document filed by Foxton Group. (Linkh, Gregory) (Entered: May 21, 2009)
May 21, 2009 51 MEMORANDUM OF LAW in Opposition re: 38 MOTION to Appoint Foxton Group to serve as lead plaintiff(s). MOTION to Consolidate Cases 09cv289, 09cv2302; 09cv2558. MOTION to Appoint Counsel.. Document filed by Repex Ventures S.A. (Burke, Timothy) (Entered: May 21, 2009)
May 28, 2009 52 NOTICE OF APPEARANCE by Albert Yong Chang on behalf of Foxton Group (Chang, Albert) (Entered: May 28, 2009)
June 1, 2009 53 REPLY MEMORANDUM OF LAW in Support re: 15 MOTION to Appoint Counsel. MOTION to Appoint Dr. Shmuel Cabilly to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-2032.. Document filed by Shmuel Cabilly. (Torell, Catherine) (Entered: June 1, 2009)
June 1, 2009 54 DECLARATION of Catherine A. Torell in Support re: 15 MOTION to Appoint Counsel. MOTION to Appoint Dr. Shmuel Cabilly to serve as lead plaintiff(s). MOTION to Consolidate Cases 09-2032.. Document filed by Shmuel Cabilly. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Torell, Catherine) (Entered: June 1, 2009)
June 1, 2009 55 REPLY MEMORANDUM OF LAW in Support re: 38 MOTION to Appoint Foxton Group to serve as lead plaintiff(s). MOTION to Consolidate Cases 09cv289, 09cv2302; 09cv2558. MOTION to Appoint Counsel.. Document filed by Foxton Group. (Linkh, Gregory) (Entered: June 1, 2009)
June 1, 2009 56 DECLARATION of Albert Y. Chang in Support re: 38 MOTION to Appoint Foxton Group to serve as lead plaintiff(s). MOTION to Consolidate Cases 09cv289, 09cv2302; 09cv2558. MOTION to Appoint Counsel.. Document filed by Foxton Group. (Linkh, Gregory) (Entered: June 1, 2009)
June 2, 2009 57 REPLY MEMORANDUM OF LAW in Support re: 41 MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Consolidate Cases 1:09-cv-02032, 1:09-cv-02558. MOTION to Appoint Repex Ventures S.A. to serve as lead plaintiff(s).. Document filed by Repex Ventures S.A. (Burke, Timothy) (Entered: June 2, 2009)
June 24, 2009 Minute Entry for proceedings held before Judge Richard M. Berman: Status Conference held on 6/24/2009. Lead plaintiff motions filed. (mro) (Entered: July 9, 2009)
July 28, 2009 58 NOTICE of Pendency of Bankruptcy Proceedings of Bernard L. Madoff and of Automatic Stay. Document filed by Irving H. Picard, Trustee for the Substantively Consolidated SIPA Liquidation of Bernard L. Madoff Investment Securities LLC. and Bernard L. Madoff.. (Attachments: # 1 Exhibit A)(Hirschfield, Marc) (Entered: 07/28/2009)
September 22, 2009 59 ADMINISTRATIVE ORDER: Counsel are directed to appear for a conference regarding their motions for consolidation of the above-captioned actions and appointment of lead plaintiff and lead counsel on Tuesday, 9/29/2009 at 12:00 PM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Richard M. Berman. Counsel should be prepared for oral argument of approximately five minutes per Movant. (Signed by Judge Richard M. Berman on 9/22/09) (tro) (Entered: September 22, 2009)
October 5, 2009 60 ORDER: For the foregoing reasons, the motions for consolidation and appointment of lead plaintiff and lead counsel [# 15, 19, 23, 38, and 41] are granted in part and denied in part. The above-captioned actions are consolidated for pretrial purposes only. The actions are consolidated under the caption "In re Herald, Primeo and Thema Funds Securities Litigation," under File Number 09 Civ. 289 (RMB) (HBP). Repex Ventures is appointed Lead Plaintiff and Stull, Stull and Brody is appointed Lead Counsel of the Repex action; Cabilly is appointed Lead Plaintiff and Cohen Milstein is appointed Lead Counsel of the Leonhardt action; and Davis is appointed Lead Plaintiff and Murray, Frank & Sailer LLP is appointed Lead Counsel of the Perrone action. Lead Counsel are directed to coordinate their efforts so as to avoid any duplication of effort and/or unnecessary expense. The three Lead Counsel are hereby notified that the Court will not approve any future award of fees and/or expenses that unreasonably reflects duplication or inefficiency. Lead Counsel are directed to appear for a status conference before the Court on November 12, 2009 at 9:30 a.m. in Courtroom 21B of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York. (Signed by Judge Richard M. Berman on 10/5/2009) (jfe) (Entered: October 6, 2009)
October 5, 2009 Set/Reset Hearings: Status Conference set for 11/12/2009 at 09:30 AM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Richard M. Berman. (jfe) (Entered: October 6, 2009)
October 12, 2009 61 Objection re: 60 Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Consolidate Cases, Order on Motion to Appoint Counsel, Order on Motion to Appoint Lead Plaintiff(s),,,, Order on Motion to Appoint Lead Plaintiff(s),, Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s),,, Order on Motion to Appoint Lead Plaintiff(s),,,, Order on Motion to Appoint Lead Plaintiff(s),, Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s),,, Order on Motion to Appoint Lead Plaintiff(s),,,, Order on Motion to Appoint Lead Plaintiff(s),, Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s),,, Order on Motion to Appoint Lead Plaintiff(s),,,, Order on Motion to Appoint Lead Plaintiff(s),, Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s),,, Order on Motion to Appoint Lead Plaintiff(s),,,, Order on Motion to Appoint Lead Plaintiff(s),, Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s), Order on Motion to Appoint Lead Plaintiff(s),,, Order on Motion to Appoint Lead Plaintiff(s),,,, Order on Motion to Appoint Lead Plaintiff(s),, Order on Motion to Appoint Lead Plaintiff(s) Partial Objection of Lead Plaintiff Davis to the October 5, 2009 Order. Document filed by Neville Seymour Davis. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Chang, Albert) (Entered: October 12, 2009)
October 13, 2009 62 ORDER For the reasons stated in Lead Plaintiff Neville Seymour Davis's partial objection to the Court's October 5, 2009 Order (the "Order"), the Court grants Mr. Davis's request to amend the Order and further orders that: the portion of the Order appointing Murray, Frank & Sailer LLP as Lead Counsel in Perrone v. Benbassat, No. 09 Civ. 2558 (RMB) (HBP), is withdrawn (see Dkt. No. 60 at 17); and Johnson Bottini, LLP is appointed as sole Lead Counsel in the Perrone action (Signed by Judge Richard M. Berman on 10/13/2009) (jmi) (Entered: October 14, 2009)
October 16, 2009 63 TRANSCRIPT of proceedings held on September 29, 2009 at 12:30pm before Judge Richard M. Berman. (rdz) (Entered: November 3, 2009)
October 16, 2009 66 TRANSCRIPT of proceedings held on September 29, 2009 at 12:30 pm before Judge Richard M. Berman. (rdz) (Entered: November 6, 2009)
November 2, 2009 64 MOTION for Francis A. Bottini, Jr. to Appear Pro Hac Vice. Document filed by Repex Ventures S.A.(mro) (Entered: November 4, 2009)
November 4, 2009 65 ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Francis A. Bottini for Repex Ventures S.A admitted Pro Hac Vice. (Signed by Judge Richard M. Berman on 11/4/2009) (jmi) (Entered: 11/05/2009)
November 4, 2009 Transmission to Attorney Admissions Clerk. Transmitted re: 65 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jmi) (Entered: November 5, 2009)
November 6, 2009 67 NOTICE OF CHANGE OF ADDRESS by Albert Yong Chang on behalf of Foxton Group. New Address: JOHNSON BOTTINI, LLP, 501 W. Broadway, Suite 1720, San Diego, CA, U.S. 92101, (619) 230-0063. (Chang, Albert) (Entered: November 6, 2009)
November 12, 2009 Minute Entry for proceedings held before Judge Richard M. Berman: Status Conference held on 11/12/2009. Next Status Conference set for 4/13/2010 at 09:30 AM before Judge Richard M. Berman. (mro) (Entered: November 12, 2009)
November 17, 2009 CASHIERS OFFICE REMARK on 64 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 11/02/2009, Receipt Number 704965. (jd) (Entered: November 17, 2009)
Docket Report Last Checked: November 21, 2009 21:30:39 PST
Search for this case: Repex Ventures S.A v. Madoff et al
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Plaintiff: Repex Ventures S.A
Represented By: Jules Brody, Timothy Joseph Burke, Patrick Kevin Slyne
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Defendant: Bernard L. Madoff
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Defendant: Bernard L. Madoff Investment Securities
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Defendant: Bank Medici S.A.
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Defendant: Sonja Kohn
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Defendant: Peter Scheithauer
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Defendant: Herald USA Fund
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Defendant: Herald Luxemburg Fund
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Defendant: Bank Austria Creditanstalt
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Defendant: Unicredit S.A.
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Defendant: Primeo Select Funds
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Defendant: Pioneer Alternative Investments
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Defendant: Thema International Fund PLC
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Defendant: Ernst & Young LLP
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Defendant: HSBC Holdings plc
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