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Transcript of U.S. District Court Southern District of New York (Foley...

  • US District Court Civil Docket as of August 28, 2017 Retrieved from the court on August 28, 2017

    U.S. District Court Southern District of New York (Foley Square)

    CIVIL DOCKET FOR CASE #: 1:10-cv-07497-VM-DCF

    Dodona I, LLC v. Goldman, Sachs & Co. et al Assigned to: Judge Victor Marrero Referred to: Magistrate Judge Debra C. Freeman Cause: 15:78m(a) Securities Exchange Act

    Date Filed: 09/30/2010 Date Terminated: 07/01/2016 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

    Plaintiff Dodona I, LLC on Behalf of Itself and all Others Similarly Situated

    represented by David Scott Frydman Frydman LLC 501 Fifth Avenue 15th Floor New York, NY 10017 212 355 9100 Fax: 212 355 8988 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Arthur M Stock Berger & Montague, P.C. 1622 Locust Street Philadelphia, PA 19103 (215) 875-5704 Fax: (215) 875-4604 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED Glen Bernard Lenihan Gusrae, Kaplan, Nusbaum, PLLC 120 Wall Street New York, NY 10005 (212)-269-1400 Fax: (212)-809-5449 Email: [email protected] ATTORNEY TO BE NOTICED Jon Jason Lambiras Berger & Montague, P.C. 1622 Locust Street

  • Philadelphia, PA 19103 (215)-875-3036 Fax: (215)-875-4604 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED Josh Michael Rubens Berger & Montague, PC 1622 Locust Street Philadelphia, PA 19103 215-875-4638 Fax: 215-875-4604 Email: [email protected] ATTORNEY TO BE NOTICED Lane Lanier Vines Berger & Montague, P.C. 1622 Locust Street Philadelphia, PA 19103 (215)-875-4658 Fax: (215)-875-4604 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED Lawrence Jay Lederer Berger & Montague, P.C. 1622 Locust Street Philadelphia, PA 19103 (215)-875-4625 Fax: (215)-875-4606 Email: [email protected] ATTORNEY TO BE NOTICED Merrill G Davidoff Berger & Montague, P.C 1622 Locust Street Philadelphia, PA 19103 (215)-875-3084 Fax: (215)-875-4671 Email: [email protected] ATTORNEY TO BE NOTICED Robin B. Switzenbaum Berger & Montague, P.C. 1622 Locust Street Philadelphia, PA 19103 (215)-875-4604 Fax: (215)-875-3000

  • Email: [email protected] ATTORNEY TO BE NOTICED Steven Lawrence Bloch Bailey & Glasser, LLP One Tower Bridge 100 Front Street, Suite 1235 West Conshohocken, PA 19428 (610)-834-7506 Fax: (610)-834-7509 Email: [email protected] ATTORNEY TO BE NOTICED

    V.

    Defendant Goldman, Sachs & Co. TERMINATED: 09/08/2015

    represented by Richard Howard Klapper Sullivan and Cromwell, LLP(NYC) 125 Broad Street New York, NY 10004 212-558-3555 Fax: 212-558-3588 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew James DeFilippis United States Attorney's Office, SDNY One Saint Andrew's Plaza New York, NY 10007 (212) 637-2200 Fax: (212) 637-2527 Email: [email protected] ATTORNEY TO BE NOTICED Brett D. Jaffe Alston & Bird, LLP(NYC) 90 Park Avenue New York, NY 10016 212-210-9400 Fax: 212-210-9444 Email: [email protected] TERMINATED: 06/18/2014 Christopher James Dunne Sullivan & Cromwell, LLP(NYC) 125 Broad Street Suite 2516 New York, NY 10004 (212)-558-4115

  • Fax: (212)-558-3494 Email: [email protected] ATTORNEY TO BE NOTICED David Maxwell Rein Sullivan & Cromwell LLP 125 Broad St. New York, NY 10004 212-558-4629 Fax: (212)-558-3588 Email: [email protected] ATTORNEY TO BE NOTICED Harsh Nayan Trivedi Sullivan and Cromwell, LLP(NYC) 125 Broad Street New York, NY 10004 (212)-558-4000 Fax: (212)-558-3588 Email: [email protected] ATTORNEY TO BE NOTICED Jacob Eden Cohen Sullivan & Cromwell, LLP(NYC) 125 Broad Street New York, NY 10004 (212)-558-4000 Fax: (212)-291-9330 Email: [email protected] ATTORNEY TO BE NOTICED Jacob Michael Croke Sullivan & Cromwell, LLP(NYC) 125 Broad Street New York, NY 10004 (212)-558-4000 Fax: (212)-558-3588 Email: [email protected] ATTORNEY TO BE NOTICED Jessica Patricia Stokes Sullivan & Cromwell, LLP(NYC) 125 Broad Street Suite 2516 New York, NY 10004 (212)-558-4242 Fax: (212)-291-9503 Email: [email protected] ATTORNEY TO BE NOTICED

  • Joanna Ka Wai Chan Cohen & Gresser, LLP 800 Third Avenue 21st, Floor New York, NY 10022 (212) 707-7272 Fax: (212)-957-4514 Email: [email protected] ATTORNEY TO BE NOTICED Lawrence Thomas Gresser Cohen & Gresser, LLP 800 Third Avenue 21st, Floor New York, NY 10022 (212)-957-7602 Fax: (212)-957-4514 Email: [email protected] ATTORNEY TO BE NOTICED Maya Krugman Sullivan & Cromwell, LLP(NYC) 125 Broad Street Suite 2516 New York, NY 10004 (212)-558-4839 Fax: (212)-558-3588 Email: [email protected] ATTORNEY TO BE NOTICED Michael Thomas Tomaino , Jr Sullivan and Cromwell, LLP(NYC) 125 Broad Street New York, NY 10004 (212) 558-4715 Fax: (212) 558-3588 Email: [email protected] ATTORNEY TO BE NOTICED Nathaniel P. T. Read Cohen & Gresser, LLP 800 Third Avenue 21st, Floor New York, NY 10022 (212) 95707069 Fax: (212) 957-4514 Email: [email protected] ATTORNEY TO BE NOTICED Scott Douglas Thomson Cohen & Gresser, LLP 800 Third Avenue 21st, Floor New York, NY 10022

  • 212 957 7600 Fax: 212 957 4514 Email: [email protected] ATTORNEY TO BE NOTICED Theodore Edelman Sullivan and Cromwell, LLP(NYC) 125 Broad Street New York, NY 10004 (212) 558-4000 Fax: (212) 558-3588 Email: [email protected] ATTORNEY TO BE NOTICED William Rudolph Arthur Kleysteuber , IV Sullivan & Cromwell, LLP(NYC) 125 Broad Street New York, NY 10004 (212) 558-4000 Fax: (212) 291-9261 Email: [email protected] ATTORNEY TO BE NOTICED

    Defendant The Goldman Sachs Group, Inc. TERMINATED: 09/08/2015

    represented by Richard Howard Klapper (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew James DeFilippis (See above for address) ATTORNEY TO BE NOTICED Brett D. Jaffe (See above for address) TERMINATED: 06/18/2014 Christopher James Dunne (See above for address) ATTORNEY TO BE NOTICED David Maxwell Rein (See above for address) ATTORNEY TO BE NOTICED Harsh Nayan Trivedi (See above for address) ATTORNEY TO BE NOTICED

  • Jacob Eden Cohen (See above for address) ATTORNEY TO BE NOTICED Jacob Michael Croke (See above for address) ATTORNEY TO BE NOTICED Jessica Patricia Stokes (See above for address) ATTORNEY TO BE NOTICED Joanna Ka Wai Chan (See above for address) ATTORNEY TO BE NOTICED Lawrence Thomas Gresser (See above for address) ATTORNEY TO BE NOTICED Maya Krugman (See above for address) ATTORNEY TO BE NOTICED Michael Thomas Tomaino , Jr (See above for address) ATTORNEY TO BE NOTICED Nathaniel P. T. Read (See above for address) ATTORNEY TO BE NOTICED Scott Douglas Thomson (See above for address) ATTORNEY TO BE NOTICED Theodore Edelman (See above for address) ATTORNEY TO BE NOTICED William Rudolph Arthur Kleysteuber , IV (See above for address) ATTORNEY TO BE NOTICED

    Defendant Hudson Mezzanine Funding 2006-1, Ltd.

    Defendant

  • Hudson Mezzanine Funding 2006-1, Corp. TERMINATED: 12/14/2012

    represented by Christopher May Mason Nixon Peabody LLP (NYC) 437 Madison Avenue New York, NY 10022 212-940-3000 Fax: 866-947-2229 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

    Defendant Hudson Mezzanine Funding 2006-2, Ltd. TERMINATED: 12/14/2012

    represented by Christopher May Mason (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Danielle M. McLaughlin Nixon Peabody LLP (MA) 100 Summer Street Boston, MA 02110 PRO HAC VICE ATTORNEY TO BE NOTICED Ripley Hastings Nixon Peabody LLP (MA) 100 Summer Street Boston, MA 02110 PRO HAC VICE ATTORNEY TO BE NOTICED Timothy W. Mungovan Nixon Peabody LLP (MA) 100 Summer Street Boston, MA 02110 PRO HAC VICE ATTORNEY TO BE NOTICED

    Defendant Hudson Mezzanine Funding 2006-2, Corp. TERMINATED: 12/14/2012

    represented by Christopher May Mason (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Danielle M. McLaughlin (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Ripley Hastings (See above for address)

  • PRO HAC VICE ATTORNEY TO BE NOTICED Timothy W. Mungovan (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

    Defendant Peter L. Ostrem TERMINATED: 09/08/2015

    represented by Barry A. Bohrer Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, P.C 565 Fifth Avenue New York, NY 10017 (212) 880-9350 Fax: (212) 856-9494 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard Howard Klapper (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Stephen Michael Juris Morvillo, Abramowitz, Grand, Iason, & Anello P.C. 565 5th Avenue New York, NY 10017 212)-880-9475 Fax: 212)-856-9494 Email: [email protected] TERMINATED: 02/11/2015 LEAD ATTORNEY Andrew James DeFilippis (See above for address) ATTORNEY TO BE NOTICED Ariana Judith Torchin Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer P.C. 565 Fifth Avenue New York, NY 10017 (212)-880-9527 Fax: (212)-856-9494 Email: [email protected] TERMINATED: 09/13/2013

  • Christopher James Dunne (See above for address) ATTORNEY TO BE NOTICED David Maxwell Rein (See above for address) ATTORNEY TO BE NOTICED Harsh Nayan Trivedi (See above for address) ATTORNEY TO BE NOTICED Jacob Eden Cohen (See above for address) ATTORNEY TO BE NOTICED Jacob Michael Croke (See above for address) ATTORNEY TO BE NOTICED Jessica Patricia Stokes (See above for address) ATTORNEY TO BE NOTICED Joanna Ka Wai Chan (See above for address) ATTORNEY TO BE NOTICED Lawrence Thomas Gresser (See above for address) ATTORNEY TO BE NOTICED Maya Krugman (See above for address) ATTORNEY TO BE NOTICED Michael Thomas Tomaino , Jr (See above for address) ATTORNEY TO BE NOTICED Nathaniel P. T. Read (See above for address) ATTORNEY TO BE NOTICED Scott Douglas Thomson (See above for address) ATTORNEY TO BE NOTICED Theodore Edelman (See above for address)

  • ATTORNEY TO BE NOTICED William Rudolph Arthur Kleysteuber , IV (See above for address) ATTORNEY TO BE NOTICED

    Defendant Darryl K. Herrick TERMINATED: 09/08/2015

    represented by Richard Howard Klapper (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew James DeFilippis (See above for address) ATTORNEY TO BE NOTICED Christopher James Dunne (See above for address) ATTORNEY TO BE NOTICED David Maxwell Rein (See above for address) ATTORNEY TO BE NOTICED Harsh Nayan Trivedi (See above for address) ATTORNEY TO BE NOTICED Jacob Eden Cohen (See above for address) ATTORNEY TO BE NOTICED Jacob Michael Croke (See above for address) ATTORNEY TO BE NOTICED Jessica Patricia Stokes (See above for address) ATTORNEY TO BE NOTICED Joanna Ka Wai Chan (See above for address) ATTORNEY TO BE NOTICED Lawrence Thomas Gresser (See above for address) ATTORNEY TO BE NOTICED Maya Krugman

  • (See above for address) ATTORNEY TO BE NOTICED Michael Thomas Tomaino , Jr (See above for address) ATTORNEY TO BE NOTICED Nathaniel P. T. Read (See above for address) ATTORNEY TO BE NOTICED Paul Terry Weinstein Emmet, Marvin & Martin, LLP 120 Broadway - 32nd Floor New York, NY 10271 (212)-238-3090 Fax: (212)-238-1730 Email: [email protected] ATTORNEY TO BE NOTICED Scott Douglas Thomson (See above for address) ATTORNEY TO BE NOTICED Theodore Edelman (See above for address) ATTORNEY TO BE NOTICED William Rudolph Arthur Kleysteuber , IV (See above for address) ATTORNEY TO BE NOTICED

    Counter Claimant Goldman, Sachs & Co. represented by Richard Howard Klapper

    (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew James DeFilippis (See above for address) ATTORNEY TO BE NOTICED Brett D. Jaffe (See above for address) TERMINATED: 06/18/2014 Christopher James Dunne (See above for address) ATTORNEY TO BE NOTICED

  • David Maxwell Rein (See above for address) ATTORNEY TO BE NOTICED Harsh Nayan Trivedi (See above for address) ATTORNEY TO BE NOTICED Jacob Eden Cohen (See above for address) ATTORNEY TO BE NOTICED Jacob Michael Croke (See above for address) ATTORNEY TO BE NOTICED Jessica Patricia Stokes (See above for address) ATTORNEY TO BE NOTICED Lawrence Thomas Gresser (See above for address) ATTORNEY TO BE NOTICED Maya Krugman (See above for address) ATTORNEY TO BE NOTICED Michael Thomas Tomaino , Jr (See above for address) ATTORNEY TO BE NOTICED Nathaniel P. T. Read (See above for address) ATTORNEY TO BE NOTICED Theodore Edelman (See above for address) ATTORNEY TO BE NOTICED William Rudolph Arthur Kleysteuber , IV (See above for address) ATTORNEY TO BE NOTICED

    Counter Claimant The Goldman Sachs Group, Inc. represented by Richard Howard Klapper

    (See above for address) LEAD ATTORNEY

  • ATTORNEY TO BE NOTICED Andrew James DeFilippis (See above for address) ATTORNEY TO BE NOTICED Brett D. Jaffe (See above for address) TERMINATED: 06/18/2014 Christopher James Dunne (See above for address) ATTORNEY TO BE NOTICED David Maxwell Rein (See above for address) ATTORNEY TO BE NOTICED Harsh Nayan Trivedi (See above for address) ATTORNEY TO BE NOTICED Jacob Eden Cohen (See above for address) ATTORNEY TO BE NOTICED Jacob Michael Croke (See above for address) ATTORNEY TO BE NOTICED Jessica Patricia Stokes (See above for address) ATTORNEY TO BE NOTICED Lawrence Thomas Gresser (See above for address) ATTORNEY TO BE NOTICED Maya Krugman (See above for address) ATTORNEY TO BE NOTICED Michael Thomas Tomaino , Jr (See above for address) ATTORNEY TO BE NOTICED Nathaniel P. T. Read (See above for address) ATTORNEY TO BE NOTICED

  • Theodore Edelman (See above for address) ATTORNEY TO BE NOTICED William Rudolph Arthur Kleysteuber , IV (See above for address) ATTORNEY TO BE NOTICED

    V.

    Counter Defendant Dodona I, LLC on Behalf of Itself and all Others Similarly Situated

    represented by David Scott Frydman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Arthur M Stock (See above for address) ATTORNEY TO BE NOTICED Josh Michael Rubens (See above for address) ATTORNEY TO BE NOTICED Lawrence Jay Lederer (See above for address) ATTORNEY TO BE NOTICED Robin B. Switzenbaum (See above for address) ATTORNEY TO BE NOTICED Steven Lawrence Bloch (See above for address) ATTORNEY TO BE NOTICED

    Date Filed # Docket Text

    09/30/2010 1 COMPLAINT against Goldman, Sachs & Co., Darryl K. Herrick, Hudson Mezzanine Funding 2006-1, Corp., Hudson Mezzanine Funding 2006-1, Ltd., Hudson Mezzanine Funding 2006-2, Corp., Hudson Mezzanine Funding 2006-2, Ltd., Peter L. Ostrem, The Goldman Sachs Group, Inc. (Filing Fee $ 350.00, Receipt Number 916484)Document filed by Dodona I, LLC.(ama) (rdz). (Entered: 10/01/2010)

    09/30/2010 SUMMONS ISSUED as to Goldman, Sachs & Co., Darryl K. Herrick, Hudson Mezzanine Funding 2006-1, Corp., Hudson Mezzanine Funding 2006-1, Ltd.,

  • Hudson Mezzanine Funding 2006-2, Corp., Hudson Mezzanine Funding 2006-2, Ltd., Peter L. Ostrem, The Goldman Sachs Group, Inc. (ama) (Entered: 10/01/2010)

    09/30/2010 CASE REFERRED TO Judge Barbara S. Jones as possibly related to 1:10-cv-3229. (ama) (Entered: 10/01/2010)

    09/30/2010 Case Designated ECF. (ama) (Entered: 10/01/2010)

    09/30/2010 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Dodona I, LLC.(ama) (Entered: 10/01/2010)

    10/01/2010 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Note to Attorney David Scott Frydman to RE-FILE Document 1 Complaint,. (Re-File Complaint exceeds limit over 2.6MG) (ama) (Entered: 10/01/2010)

    10/08/2010 CASE DECLINED AS NOT RELATED. Case referred as related to 1:10-cv-3229 and declined by Judge Barbara S. Jones and returned to wheel for assignment. (ldi) (Entered: 10/08/2010)

    10/08/2010 3 NOTICE OF CASE ASSIGNMENT to Judge Victor Marrero. Judge Unassigned is no longer assigned to the case. (ldi) (Entered: 10/08/2010)

    10/08/2010 Magistrate Judge Debra C. Freeman is so designated. (ldi) (Entered: 10/08/2010)

    10/20/2010 4 NOTICE OF APPEARANCE by Richard Howard Klapper on behalf of Goldman, Sachs & Co., Darryl K. Herrick, Peter L. Ostrem, The Goldman Sachs Group, Inc. (Klapper, Richard) (Entered: 10/20/2010)

    10/20/2010 5 NOTICE OF APPEARANCE by Theodore Edelman on behalf of Goldman, Sachs & Co., Darryl K. Herrick, Peter L. Ostrem, The Goldman Sachs Group, Inc. (Edelman, Theodore) (Entered: 10/20/2010)

    10/20/2010 6 NOTICE OF APPEARANCE by Harsh Nayan Trivedi on behalf of Goldman, Sachs & Co., Darryl K. Herrick, Peter L. Ostrem, The Goldman Sachs Group, Inc. (Trivedi, Harsh) (Entered: 10/20/2010)

    10/20/2010 7 NOTICE OF APPEARANCE by Christopher James Dunne on behalf of Goldman, Sachs & Co., Darryl K. Herrick, Peter L. Ostrem, The Goldman Sachs Group, Inc. (Dunne, Christopher) (Entered: 10/20/2010)

    10/20/2010 8 NOTICE OF APPEARANCE by Jessica Patricia Stokes on behalf of Goldman, Sachs & Co., Darryl K. Herrick, Peter L. Ostrem, The Goldman Sachs Group, Inc. (Stokes, Jessica) (Entered: 10/20/2010)

    10/20/2010 9 NOTICE OF APPEARANCE by Maya Krugman on behalf of Goldman, Sachs & Co., Darryl K. Herrick, Peter L. Ostrem, The Goldman Sachs Group, Inc. (Krugman, Maya) (Entered: 10/20/2010)

    10/20/2010 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying GS Group as Corporate Parent. Document filed by Goldman, Sachs & Co., The Goldman Sachs Group, Inc..(Edelman, Theodore) (Entered: 10/20/2010)

    10/21/2010 11 STIPULATION AND ORDER: It is hereby stipulated and agreed by and between the parties that the time for any properly served defendant to answer, move against or otherwise respond to the complaint is extended until sixty (60) days following

  • either notice from the duly appointed lead plaintiff that it stands on the current complaint or service of an amended complaint in the action or any action into which the action is consolidated. (Signed by Judge Victor Marrero on 10/20/2010) (jpo) (Entered: 10/21/2010)

    10/21/2010 12 NOTICE OF APPEARANCE by Richard Howard Klapper on behalf of Darryl K. Herrick, Peter L. Ostrem (Klapper, Richard) (Entered: 10/21/2010)

    10/21/2010 13 NOTICE OF APPEARANCE by Theodore Edelman on behalf of Darryl K. Herrick, Peter L. Ostrem (Edelman, Theodore) (Entered: 10/21/2010)

    10/21/2010 14 NOTICE OF APPEARANCE by Harsh Nayan Trivedi on behalf of Darryl K. Herrick, Peter L. Ostrem (Trivedi, Harsh) (Entered: 10/21/2010)

    10/21/2010 15 NOTICE OF APPEARANCE by Christopher James Dunne on behalf of Darryl K. Herrick, Peter L. Ostrem (Dunne, Christopher) (Entered: 10/21/2010)

    10/21/2010 16 NOTICE OF APPEARANCE by Jessica Patricia Stokes on behalf of Darryl K. Herrick, Peter L. Ostrem (Stokes, Jessica) (Entered: 10/21/2010)

    10/21/2010 17 NOTICE OF APPEARANCE by Maya Krugman on behalf of Darryl K. Herrick, Peter L. Ostrem (Krugman, Maya) (Entered: 10/21/2010)

    10/26/2010 18 MOTION for Lawrence J. Lederer to Appear Pro Hac Vice. Document filed by Dodona I, LLC.(mbe) (Entered: 10/28/2010)

    10/26/2010 19 MOTION for Robin Switzenbaum to Appear Pro Hac Vice. Document filed by Dodona I, LLC.(mbe) (Entered: 10/28/2010)

    10/26/2010 20 MOTION for Arthur Stock to Appear Pro Hac Vice. Document filed by Dodona I, LLC.(mbe) (Entered: 10/28/2010)

    10/29/2010 21 AFFIDAVIT OF SERVICE. Service was accepted by Donna Christie, Authorized Agent. Document filed by Dodona I, LLC. (Frydman, David) (Entered: 10/29/2010)

    10/29/2010 22 AFFIDAVIT OF SERVICE. Service was accepted by Scott LaScala, Manager. Document filed by Dodona I, LLC. (Frydman, David) (Entered: 10/29/2010)

    10/29/2010 23 AFFIDAVIT OF SERVICE. Service was accepted by Donald Puglisi. Document filed by Dodona I, LLC. (Frydman, David) (Entered: 10/29/2010)

    10/29/2010 24 AFFIDAVIT OF SERVICE. Service was accepted by Gregg Lavelle. Document filed by Dodona I, LLC. (Frydman, David) (Entered: 10/29/2010)

    10/29/2010 25 AFFIDAVIT OF SERVICE. Service was accepted by Peter L. Ostrem. Document filed by Dodona I, LLC. (Frydman, David) (Entered: 10/29/2010)

    10/29/2010 26 AFFIDAVIT OF SERVICE. Service was accepted by Andy Santana, Doorman. Document filed by Dodona I, LLC. (Frydman, David) (Entered: 10/29/2010)

    10/29/2010 27 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION, granting 19 Motion for Robin Switzenbaum to Appear Pro Hac Vice as counsel for Plaintiff. (Signed by Judge Victor Marrero on 10/29/2010) (lnl) (Entered: 10/29/2010)

  • 10/29/2010 28 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION, granting 20 Motion for Arthur Stock to Appear Pro Hac Vice as counsel for Plaintiff. (Signed by Judge Victor Marrero on 10/29/2010) (lnl) (Entered: 10/29/2010)

    10/29/2010 29 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION, granting 18 Motion for Lawrence J. Lederer to Appear Pro Hac Vice as counsel for Plaintiff. (Signed by Judge Victor Marrero on 10/29/2010) (lnl) (Entered: 10/29/2010)

    11/01/2010 30 AFFIDAVIT OF SERVICE. Service was accepted by Jayne Baxter, Legal Secretary. Document filed by Dodona I, LLC. (Frydman, David) (Entered: 11/01/2010)

    11/01/2010 31 AFFIDAVIT OF SERVICE. Service was accepted by Jayne Baxter, Legal Secretary. Document filed by Dodona I, LLC. (Frydman, David) (Entered: 11/01/2010)

    11/05/2010 CASHIERS OFFICE REMARK on 19 Motion to Appear Pro Hac Vice, 20 Motion to Appear Pro Hac Vice, 18 Motion to Appear Pro Hac Vice in the amount of $75.00, paid on 10/26/2010, Receipt Number 918976. (jd) (Entered: 11/05/2010)

    12/03/2010 32 FIRST MOTION to Appoint Dodona I, LLC to serve as lead plaintiff(s) , consolidate any other cases and approve lead counsel. Document filed by Dodona I, LLC.(Frydman, David) (Entered: 12/03/2010)

    12/03/2010 33 FIRST MEMORANDUM OF LAW in Support re: 32 FIRST MOTION to Appoint Dodona I, LLC to serve as lead plaintiff(s) , consolidate any other cases and approve lead counsel.. Document filed by Dodona I, LLC. (Frydman, David) (Entered: 12/03/2010)

    12/03/2010 34 AFFIDAVIT of Proposed Order in Support re: 32 FIRST MOTION to Appoint Dodona I, LLC to serve as lead plaintiff(s) , consolidate any other cases and approve lead counsel.. Document filed by Dodona I, LLC. (Frydman, David) (Entered: 12/03/2010)

    12/03/2010 35 DECLARATION of Dodona I, LLC in Support re: 32 FIRST MOTION to Appoint Dodona I, LLC to serve as lead plaintiff(s) , consolidate any other cases and approve lead counsel.. Document filed by Dodona I, LLC. (Attachments: # 1 Exhibit Exhibit A to Decl., # 2 Exhibit Exhibit B to Decl., # 3 Exhibit Exhibit C to Decl.)(Frydman, David) (Entered: 12/03/2010)

    12/07/2010 36 ORDER CONSOLIDATING ANY SUBSEQUENTLY FILED RELATED CASES, APPOINTING LEAD PLAINTIFF AND APPROVING LEAD PLAINTIFF'S CHOICE OF COUNSEL: If any such related cases are subsequently filed in or transferred to this Court, this Order shall apply to any and all such subsequently-filed cases which will be consolidated for all purposes into one action, pursuant to Rule 42(a) of the Federal Rules of Civil Procedure and 15 U.S.C. § 78u-4(a)(3){B){ii), and the consolidated actions shall then be referred to as the "Consolidated Actions." This Court requests the assistance of counsel in calling to the attention of the Clerk of this Court the filing or transfer of any case which might properly be consolidated as part of the Consolidated Actions. The Court hereby appoints Dodona to be the Lead Plaintiff and to represent the interests of the proposed classes in this action. ENDORSEMENT: So Ordered. The Clerk of Court is directed to terminate the motion (Docket No. 32) of plaintiffs herein. (Signed by Judge Victor Marrero on 12/7/2010) (jpo) Modified on 12/7/2010 (jpo). (Entered: 12/07/2010)

  • 12/16/2010 37 MOTION for Josh M. Rubens to Appear Pro Hac Vice. Document filed by Dodona I, LLC.(mro) (Entered: 12/20/2010)

    12/21/2010 38 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION. ORDER granting 37 Motion for Josh M. Rubens to Appear Pro Hac Vice for plaintiff. (Signed by Judge Victor Marrero on 12/21/10) (db) (Entered: 12/21/2010)

    12/22/2010 39 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION. IT IS HEREBY ORDERED that Josh M. Rubens is admitted to practice pro hac vice as counsel for Plaintiff Dodona I, LLC in the above-captioned case in the United States District Court for the Southern District of New York. (Signed by Judge Victor Marrero on 12/22/10) (rjm) (Entered: 12/22/2010)

    12/28/2010 CASHIERS OFFICE REMARK on 37 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 12/16/2010, Receipt Number 923698. (jd) (Entered: 12/28/2010)

    02/04/2011 40 AMENDED COMPLAINT amending 1 Complaint, against Goldman, Sachs & Co., Darryl K. Herrick, Hudson Mezzanine Funding 2006-1, Corp., Hudson Mezzanine Funding 2006-1, Ltd., Hudson Mezzanine Funding 2006-2, Corp., Hudson Mezzanine Funding 2006-2, Ltd., Peter L. Ostrem, The Goldman Sachs Group, Inc. Document filed by Dodona I, LLC. Related document: 1 Complaint, filed by Dodona I, LLC. (Received in the night deposit box on 2/4/11 at 5:58pm)(mro) (ama). (Entered: 02/07/2011)

    02/07/2011 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Lawrence Jay Lederer for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 40 Amended Complaint, to: [email protected] (mro) (Entered: 02/07/2011)

    02/11/2011 41 NOTICE OF APPEARANCE by William Rudolph Arthur Kleysteuber, IV on behalf of Goldman, Sachs & Co., Darryl K. Herrick, Peter L. Ostrem, The Goldman Sachs Group, Inc. (Kleysteuber, William) (Entered: 02/11/2011)

    02/11/2011 42 NOTICE OF APPEARANCE by Jacob Eden Cohen on behalf of Goldman, Sachs & Co., Darryl K. Herrick, Peter L. Ostrem, The Goldman Sachs Group, Inc. (Cohen, Jacob) (Entered: 02/11/2011)

    02/25/2011 43 AFFIDAVIT OF SERVICE of Amended Complaint served on Hudon Mezz. Funding 2006-1 Corp. on 02/09/2011. Service was accepted by Donald Puglisi, Personal Service. Document filed by Dodona I, LLC. (Frydman, David) (Entered: 02/25/2011)

    02/25/2011 44 AFFIDAVIT OF SERVICE of Amended Complaint served on Hudson Mezz. Funding 2006-2 Corp. on 02/09/2011. Service was accepted by Donald Puglise, Personal Service. Document filed by Dodona I, LLC. (Frydman, David) (Entered: 02/25/2011)

    03/17/2011 45 NOTICE OF APPEARANCE by Christopher May Mason on behalf of Hudson Mezzanine Funding 2006-2, Corp., Hudson Mezzanine Funding 2006-2, Ltd. (Mason, Christopher) (Entered: 03/17/2011)

    03/22/2011 46 ORDER. 1. The Goldman Sachs Defendants shall file a consolidated memorandumof law, which shall not exceed 30 pages, in support of their Dismissal

  • Motion. The Hudson 2 Defendants shall file a consolidated memorandum oflaw, which shall not exceed 10 pages, in support of their Dismissal Motion. The Hudson 2 Defendants' memorandum of law may incorporate by reference arguments asserted in the Goldman Sachs Defendants' memorandum of law. 2. Plaintiff shall file and serve its oppositions to the Dismissal Motions on or before June 6, 2011. Plaintiff's opposition to the Goldman Sachs Defendants' Dismiss Motion shall not exceed 30 pages. Plaintiff's opposition to the Hudson 2 Defendants' Dismissal Motion shall not exceed 10 pages. Plaintiff's memorandum of law inopposition to the Hudson 2 Defendants' Dismissal Motion may incorporate by reference arguments asserted in Plaintiff's opposition to the Goldman Sachs Defendants' Dismissal Motion. 3. Defendants shall serve and file their reply submissions in support of the Dismissal Motions on or before July 8, 201l. The Goldman Sachs Defendants' reply submissions may include a reply memorandum, which shall not exceed 15 pages. The Hudson 2 Defendants' reply submissions may include a reply memorandum, which shall not exceed 5 pages. (Responses due by 6/6/2011, Replies due by 7/8/2011.) (Signed by Judge Victor Marrero on 3/21/11) (djc) (Entered: 03/22/2011)

    03/24/2011 47 NOTICE of Withdrawal of Maya Krugman and Harsh N. Trivedi as Counsel. Document filed by Goldman, Sachs & Co., Darryl K. Herrick, Peter L. Ostrem, The Goldman Sachs Group, Inc.. (Dunne, Christopher) (Entered: 03/24/2011)

    04/05/2011 48 MOTION to Dismiss the Amended Complaint. Document filed by Goldman, Sachs & Co., Darryl K. Herrick, Peter L. Ostrem, The Goldman Sachs Group, Inc..(Klapper, Richard) (Entered: 04/05/2011)

    04/05/2011 49 MEMORANDUM OF LAW in Support re: 48 MOTION to Dismiss the Amended Complaint.. Document filed by Goldman, Sachs & Co., Darryl K. Herrick, Peter L. Ostrem, The Goldman Sachs Group, Inc.. (Klapper, Richard) (Entered: 04/05/2011)

    04/05/2011 50 DECLARATION of Christopher J. Dunne in Support re: 48 MOTION to Dismiss the Amended Complaint.. Document filed by Goldman, Sachs & Co., Darryl K. Herrick, Peter L. Ostrem, The Goldman Sachs Group, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Klapper, Richard) (Entered: 04/05/2011)

    04/05/2011 51 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #53) - MOTION to Dismiss Plaintiff's Amended Class Action Complaint. Document filed by Hudson Mezzanine Funding 2006-2, Corp., Hudson Mezzanine Funding 2006-2, Ltd.(Mason, Christopher) Modified on 4/6/2011 (ldi). Modified on 4/6/2011 (ldi). (Entered: 04/05/2011)

    04/05/2011 52 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #54) - MEMORANDUM OF LAW in Support re: 51 MOTION to Dismiss Plaintiff's Amended Class Action Complaint. Document filed by Hudson Mezzanine Funding 2006-2, Corp., Hudson Mezzanine Funding 2006-2, Ltd. (Mason, Christopher) Modified on 4/6/2011 (ldi). Modified on 4/6/2011 (ldi). (Entered: 04/05/2011)

    04/06/2011 53 MOTION to Dismiss Plaintiff's Amended Class Action Complaint. Document filed by Hudson Mezzanine Funding 2006-2, Corp., Hudson Mezzanine Funding 2006-2, Ltd..(Mason, Christopher) (Entered: 04/06/2011)

    04/06/2011 54 MEMORANDUM OF LAW in Support re: 53 MOTION to Dismiss Plaintiff's Amended Class Action Complaint.. Document filed by Hudson Mezzanine Funding

  • 2006-2, Corp., Hudson Mezzanine Funding 2006-2, Ltd.. (Mason, Christopher) (Entered: 04/06/2011)

    05/19/2011 56 MOTION for Ripley Hastings to Appear Pro Hac Vice. Document filed by Hudson Mezzanine Funding 2006-2, Corp., Hudson Mezzanine Funding 2006-2, Ltd.(sjo) (Entered: 05/24/2011)

    05/19/2011 57 MOTION for Danielle M. McLaughlin to Appear Pro Hac Vice. Document filed by Hudson Mezzanine Funding 2006-2, Corp., Hudson Mezzanine Funding 2006-2, Ltd.(sjo) (Entered: 05/24/2011)

    05/19/2011 58 MOTION for Timothy W. Mungovan to Appear Pro Hac Vice. Document filed by Hudson Mezzanine Funding 2006-2, Corp., Hudson Mezzanine Funding 2006-2, Ltd.(sjo) (Entered: 05/24/2011)

    05/23/2011 55 NOTICE of Notice of Withdrawal of Counsel. Document filed by Dodona I, LLC. (Lederer, Lawrence) (Entered: 05/23/2011)

    05/24/2011 CASHIERS OFFICE REMARK on 57 Motion to Appear Pro Hac Vice, 56 Motion to Appear Pro Hac Vice, 58 Motion to Appear Pro Hac Vice in the amount of $75.00, paid on 05/19/2011, Receipt Number 7199. (jd) (Entered: 05/24/2011)

    05/25/2011 59 ORDER FOR ADMISSION PRO HAC VICE: granting 56 Motion for Ripley Hastings to Appear Pro Hac Vice. (Signed by Judge Victor Marrero on 5/24/2011) (js) (Entered: 05/25/2011)

    05/25/2011 60 ORDER FOR ADMISSION PRO HAC VICE: granting 58 Motion for Timothy W. Mungovan to Appear Pro Hac Vice. (Signed by Judge Victor Marrero on 5/24/2011) (js) (Entered: 05/25/2011)

    05/25/2011 61 ORDER FOR ADMISSION PRO HAC VICE: granting 57 Motion for Danielle M. McLaughlin to Appear Pro Hac Vice. (Signed by Judge Victor Marrero on 5/25/2011) (js) (Entered: 05/25/2011)

    06/06/2011 62 MEMORANDUM OF LAW in Opposition re: 48 MOTION to Dismiss the Amended Complaint.. Document filed by Dodona I, LLC. (Attachments: # 1 Exhibit)(Lederer, Lawrence) (Entered: 06/06/2011)

    06/06/2011 63 MEMORANDUM OF LAW in Opposition re: 53 MOTION to Dismiss Plaintiff's Amended Class Action Complaint.. Document filed by Dodona I, LLC. (Lederer, Lawrence) (Entered: 06/06/2011)

    06/30/2011 64 NOTICE OF APPEARANCE by Christopher May Mason on behalf of Hudson Mezzanine Funding 2006-1, Corp. (Mason, Christopher) (Entered: 06/30/2011)

    07/07/2011 65 NOTICE OF APPEARANCE by David Maxwell Rein on behalf of Goldman, Sachs & Co., Darryl K. Herrick, Peter L. Ostrem, The Goldman Sachs Group, Inc. (Rein, David) (Entered: 07/07/2011)

    07/07/2011 66 NOTICE OF APPEARANCE by Michael Thomas Tomaino, Jr on behalf of Goldman, Sachs & Co., Darryl K. Herrick, Peter L. Ostrem, The Goldman Sachs Group, Inc. (Tomaino, Michael) (Entered: 07/07/2011)

    07/08/2011 67 REPLY MEMORANDUM OF LAW in Support re: 48 MOTION to Dismiss the Amended Complaint.. Document filed by Goldman, Sachs & Co., Darryl K. Herrick,

  • Peter L. Ostrem, The Goldman Sachs Group, Inc.. (Klapper, Richard) (Entered: 07/08/2011)

    07/08/2011 68 DECLARATION of Jacob E. Cohen in Support re: 48 MOTION to Dismiss the Amended Complaint.. Document filed by Goldman, Sachs & Co., Darryl K. Herrick, Peter L. Ostrem, The Goldman Sachs Group, Inc.. (Attachments: # 1 Exhibit A)(Klapper, Richard) (Entered: 07/08/2011)

    07/08/2011 69 REPLY MEMORANDUM OF LAW in Support re: 53 MOTION to Dismiss Plaintiff's Amended Class Action Complaint.. Document filed by Hudson Mezzanine Funding 2006-2, Corp., Hudson Mezzanine Funding 2006-2, Ltd.. (Mason, Christopher) (Entered: 07/08/2011)

    07/29/2011 70 STIPULATION AND ORDER: Hudson 1 Corp. joins in and incorporates by reference the motions to dismiss and memoranda in support of the Goldman Sachs Defendants [DE Nos. 48 and 49] and the Hudson 2 Defendants [DE Nos. 53 and 54], and their respective reply memoranda [DE Nos. 67 and 69]. Plaintiff incorporates by reference Plaintiff's oppositions to the motions to dismiss of the Goldman Sachs Defendants [DE No. 62] and the Hudson 2 Defendants [DE No. 63] with respect to Hudson 1 Corp. This stipulation is not intended to, and shall not, change the import of Delaware law as to the existence or status of Hudson I Corp., which filed a Certificate of Dissolution on October 27, 2009. (Signed by Judge Victor Marrero on 7/28/2011) (ab) (Entered: 07/29/2011)

    12/12/2011 71 ENDORSED LETTER addressed to Judge Victor Marrero from Lawrence J. Lederer dated 12/9/2011 re: On behalf of lead plaintiff Dodona I, LLC ("Plaintiff'), this responds to defendants Goldman, Sachs & Co., The Goldman Sachs Group, Inc. ("Goldman"), Darryl K. Herrick and Peter L. Ostrem's (collectively, the "Goldman Defendants") Dec. 8, 2011 letter to Your Honor. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by lead plaintiff. (Signed by Judge Victor Marrero on 12/12/2011) (djc) (Entered: 12/12/2011)

    12/14/2011 72 ENDORSED LETTER addressed to Judge Victor Marrero from Theodore Edelman dated 12/13/2011 re: On behalf of defendants Goldman, Sachs & Co. ("Goldman Sachs"), The Goldman Sachs Group, Inc., Darryl K. Herrick and Peter L. Ostrem in the above referenced action (collectively, "the Goldman Sachs Defendants"), we reluctantly write in response to the December 9, 2011 letter submitted to the Court by counsel for plaintiff Dodona I, LLC ("Dodona"). In bringing to the Court's attention the Second Circuit's affirmance in Terra Securities ASA Konkursbo v. Citigroup, Inc., No. 10-4712-cv, 2011 WL 6067260 (2d Cir. Dec. 7, 2011), we attempted to avoid substantive debate by resisting the temptation to discuss the decision, which speaks for itself. Given Dodona' ssubstantive response, including its discussion of Judge Sand's distinguishable decision in Dandong v. Pinnacle Performance Ltd., No. 10-CV-8086(LBS), 2011 WL 5170293 (S.D.N.Y. Oct. 31, 2011 ), we respectfully offer this short response. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the Goldman Sachs defendants. The Court deems the correspondence exchange so far in this issue as sufficient and will not consider any further submissions. (Signed by Judge Victor Marrero on 12/14/2011) (rdz) (Entered: 12/14/2011)

  • 03/21/2012 73 DECISION AND ORDER granting in part and denying in part 48 Motion to Dismiss; granting in part and denying in part 53 Motion to Dismiss. Accordingly, for the reasons stated above, it is hereby ORDERED that the Motion (Docket No. 48) of defendants Goldman, Sachs & Co., The Goldman Sachs Group, Inc., Peter L. Ostrem, and Darryl K. Herrik to Dismiss the Amended Complaint is GRANTED in part and DENIED in part, in accordance with this Decision and Order; and it is further ORDERED that the Motion (Docket No. 53) of defendants Hudson Mezzanine Funding 2006-2, Corp. and Hudson Mezzanine Funding 2006-2, Ltd. to Dismiss the Amended Class Action Complaint is GRANTED in part and DENIED in part, in accordance with this Decision and Order. (Signed by Judge Victor Marrero on 3/21/2012) (mro) (Entered: 03/21/2012)

    03/23/2012 74 NOTICE OF INITIAL CONFERENCE: Initial Case Management Conference set for 4/13/2012 at 10:15 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Victor Marrero. (Signed by Judge Victor Marrero on 3/23/2012) (djc) (Entered: 03/23/2012)

    03/27/2012 75 NOTICE OF APPEARANCE by Andrew James DeFilippis on behalf of Goldman, Sachs & Co., Darryl K. Herrick, Peter L. Ostrem, The Goldman Sachs Group, Inc. (DeFilippis, Andrew) (Entered: 03/27/2012)

    03/29/2012 76 NOTICE OF APPEARANCE by Jacob Michael Croke on behalf of Goldman, Sachs & Co., Darryl K. Herrick, Peter L. Ostrem, The Goldman Sachs Group, Inc. (Croke, Jacob) (Entered: 03/29/2012)

    03/30/2012 77 RESPONSE re: 73 Order on Motion to Dismiss,,,,,,, of Dodona I, LLC to the Court's Directive in Footnote One of the Court's Decision and Order filed March 21, 2012. Document filed by Dodona I, LLC. (Lederer, Lawrence) (Entered: 03/30/2012)

    03/30/2012 78 STIPULATION AND ORDER: Defendants shall file and serve their answers to the Amended Class Action Complaint, including any counterclaims, on or before May 21, 2012. Plaintiff may file a motion to strike concerning Defendants' answers at any time, and its responses to Defendants' counterclaims, if any, on or before July 23, 2012, to the extent that such counterclaims require a responsive pleading or other response. Neither Plaintiff nor Defendants waive their rights to seek from each other or the Court additional adjournments or extensions, and the entry into and submission of this Stipulation shall not waive, and the parties expressly preserve, all rights, claims and defenses. Nor do the Defendants waive their right to seek from the Court reconsideration or rehearing with respect to the Court's Decision and Order dated March 21, 2012. Goldman, Sachs & Co. answer due 5/21/2012; Darryl K. Herrick answer due 5/21/2012; Hudson Mezzanine Funding 2006-1, Corp. answer due 5/21/2012; Hudson Mezzanine Funding 2006-2, Corp. answer due 5/21/2012; Hudson Mezzanine Funding 2006-2, Ltd. answer due 5/21/2012; Peter L. Ostrem answer due 5/21/2012; The Goldman Sachs Group, Inc. answer due 5/21/2012.( Motions due by 7/23/2012.) (Signed by Judge Victor Marrero on 3/30/2012) (ft) (Entered: 03/30/2012)

    04/13/2012 79 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge Victor Marrero on 4/13/2012) (pl) (Entered: 04/13/2012)

  • 04/13/2012 Minute Entry for proceedings held before Judge Victor Marrero: Status Conference held on 4/13/2012. Parties to confer and submit a revised case management plan. Next conference set for 3/15/2013 at 10:00 AM before Judge Victor Marrero. (rjm) (Entered: 04/30/2012)

    05/21/2012 80 NOTICE OF APPEARANCE by Paul Terry Weinstein on behalf of Darryl K. Herrick (Weinstein, Paul) (Entered: 05/21/2012)

    05/21/2012 81 ANSWER to 40 Amended Complaint,., COUNTERCLAIM against Dodona I, LLC. Document filed by Goldman, Sachs & Co., The Goldman Sachs Group, Inc..(Klapper, Richard) (Entered: 05/21/2012)

    05/21/2012 82 NOTICE OF APPEARANCE by Barry A. Bohrer on behalf of Peter L. Ostrem (Bohrer, Barry) (Entered: 05/21/2012)

    05/21/2012 83 NOTICE OF APPEARANCE by Stephen Michael Juris on behalf of Peter L. Ostrem (Juris, Stephen) (Entered: 05/21/2012)

    05/21/2012 84 NOTICE OF APPEARANCE by Ariana Judith Torchin on behalf of Peter L. Ostrem (Torchin, Ariana) (Entered: 05/21/2012)

    05/21/2012 85 ANSWER to 40 Amended Complaint, 1 Complaint,., ANSWER to 40 Amended Complaint, 1 Complaint,. Document filed by Peter L. Ostrem.(Bohrer, Barry) (Entered: 05/21/2012)

    05/21/2012 86 ANSWER to 40 Amended Complaint,. Document filed by Darryl K. Herrick.(Weinstein, Paul) (Entered: 05/21/2012)

    05/21/2012 87 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Hudson Mezzanine Funding 2006-1, Corp., Hudson Mezzanine Funding 2006-2, Corp., Hudson Mezzanine Funding 2006-2, Ltd..(Mason, Christopher) (Entered: 05/21/2012)

    05/21/2012 88 ANSWER to 40 Amended Complaint,. Document filed by Hudson Mezzanine Funding 2006-1, Corp., Hudson Mezzanine Funding 2006-2, Corp., Hudson Mezzanine Funding 2006-2, Ltd..(Mason, Christopher) (Entered: 05/21/2012)

    06/04/2012 89 CASE MANAGEMENT PLAN: This Scheduling Order and Case Management Plan is adopted in accordance with Fed. R. Civ. P. 16-26(f). This case is to be tried to a jury. SO ORDERED. Motions for Class Certification due by 10/19/2012. Fact Discovery due by 3/14/2012. Case Management Conference set for 3/15/2013 at 10:00 AM before Judge Victor Marrero. (Signed by Magistrate Judge Debra C. Freeman on 6/04/2012) (ama) (Entered: 06/04/2012)

    07/18/2012 90 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Debra C. Freeman on 7/18/2012) (cd) (Entered: 07/18/2012)

    07/23/2012 91 ANSWER to 81 Counterclaim. Document filed by Dodona I, LLC.(Lederer, Lawrence) (Entered: 07/23/2012)

    09/28/2012 92 Letter addressed to Magistrate Judge Debra C. Freeman from Jonathan R. Goldblatt dated 9/25/2012 re: Counsel writes to request that the Court deny plaintiffs counsel's

  • requests unless and until it is clear that there is a real dispute about material relevant information. Document filed by Goldman, Sachs & Co.(ft) (Entered: 09/28/2012)

    09/28/2012 93 Letter addressed to Magistrate Judge Debra C. Freeman from Richard H. Klapper dated 9/24/2012 re: Counsel for the defendant requests that Plaintiffs request for a 60-day extension of time to file its opening papers on its class certification motion be denied. Document filed by Goldman, Sachs & Co. (ft) (Entered: 09/28/2012)

    09/28/2012 94 ENDORSED LETTER addressed to Magistrate Judge Debra C. Freeman from Lawrence J. Lederer dated 9/19/2012 re: We represent lead plaintiff Dodona I, LLC ("Plaintiff") in the above litigation. We write to respectfully request a 60 day extension for Plaintiff to move for class certification. ENDORSEMENT: The within request for an extension of the deadline for Plaintiff to move for class certification is granted. No further extensions. Parties to negotiate a briefing schedule. (Signed by Magistrate Judge Debra C. Freeman on 9/28/2012) (djc) (Entered: 10/01/2012)

    09/28/2012 95 ENDORSED LETTER addressed to Magistrate Judge Debra C. Freeman from Lawrence J. Lederer dated 9/24/2012 re: We represent lead plaintiff Dodona I, LLC ("Plaintiff") in the above litigation. We write to request a conference with the Court to address Bank of New York Mellon's ("BONY") failure to comply with three subpoenas duces tecum. ENDORSEMENT: It appears, from the letter the Court has received from counsel for the Bank of New York Mellon, that no conference is necessary at this time. If, after further good faith conference between counsel, issues remain, counsel may call my Chambers and request a date for a telephone conference. (Signed by Magistrate Judge Debra C. Freeman on 9/28/2012) (djc) Modified on 10/1/2012 (djc). Modified on 10/2/2012 (djc). (Entered: 10/01/2012)

    10/11/2012 96 MOTION for Lane L. Vines to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7894772. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dodona I, LLC. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Vines, Lane) (Entered: 10/11/2012)

    10/11/2012 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 96 MOTION for Lane L. Vines to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7894772. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (pgu) (Entered: 10/11/2012)

    10/12/2012 97 MOTION for Jon J. Lambiras to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7899464. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dodona I, LLC. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Lambiras, Jon) (Entered: 10/12/2012)

    10/12/2012 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 97 MOTION for Jon J. Lambiras to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7899464. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (pgu) (Entered: 10/12/2012)

    11/21/2012 98 NOTICE OF APPEARANCE by Lawrence Thomas Gresser on behalf of Goldman, Sachs & Co., The Goldman Sachs Group, Inc. (Gresser, Lawrence) (Entered: 11/21/2012)

  • 11/21/2012 99 NOTICE OF APPEARANCE by Brett D. Jaffe on behalf of Goldman, Sachs & Co., The Goldman Sachs Group, Inc. (Jaffe, Brett) (Entered: 11/21/2012)

    11/21/2012 100 NOTICE OF APPEARANCE by Nathaniel P. T. Read on behalf of Goldman, Sachs & Co., The Goldman Sachs Group, Inc. (Read, Nathaniel) (Entered: 11/21/2012)

    11/30/2012 101 ORDER FOR ADMISSION PRO HAC VICE granting 96 Motion for Lane L. Vines to Appear Pro Hac Vice. (Signed by Magistrate Judge Debra C. Freeman on 11/30/2012) (rjm) (Entered: 12/03/2012)

    11/30/2012 102 ORDER FOR ADMISSION PRO HAC VICE granting 97 Motion for Jon J. Lambiras to Appear Pro Hac Vice. (Signed by Magistrate Judge Debra C. Freeman on 11/30/2012) (rjm) (Entered: 12/03/2012)

    12/13/2012 103 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - 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) Hudson Mezzanine Funding 2006-1, Corp., Hudson Mezzanine Funding 2006-1, Ltd., Hudson Mezzanine Funding 2006-2, Corp., Hudson Mezzanine Funding 2006-2, Ltd.. Document filed by Dodona I, LLC. (Lambiras, Jon) Modified on 12/14/2012 (dt). (Entered: 12/13/2012)

    12/14/2012 ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Jon Lambiras Document 103 Notice of Voluntary Dismissal, was referred to Judge Victor Marrero for approval. (dt) (Entered: 12/14/2012)

    12/14/2012 ***DELETED DOCUMENT. Deleted document number 104 Notice of Voluntary Dismissal. The document was incorrectly filed in this case. (js) (Entered: 12/14/2012)

    12/14/2012 104 NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE: 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) Hudson Mezzanine Funding 2006-1, Corp., Hudson Mezzanine Funding 2006-2, Corp., Hudson Mezzanine Funding 2006-2, Ltd. (Signed by Judge Victor Marrero on 12/14/2012) (js) (Entered: 12/14/2012)

    12/17/2012 105 SEALED DOCUMENT placed in vault.(mps) (Entered: 12/17/2012)

    12/17/2012 106 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #107) - NOTICE of Notice of Motion for Class Certification and Appointment of Class Representative and Class Counsel. Document filed by Dodona I, LLC. (Lederer, Lawrence) Modified on 12/28/2012 (ldi). (Entered: 12/17/2012)

    12/17/2012 107 MOTION to Certify Class and Appointment of Class Representative and Class Counsel. Document filed by Dodona I, LLC.(Lederer, Lawrence) (Entered: 12/17/2012)

    12/17/2012 108 MEMORANDUM OF LAW in Support re: 107 MOTION to Certify Class and Appointment of Class Representative and Class Counsel.. Document filed by

  • Dodona I, LLC. (Attachments: # 1 Exhibit Certificate of Service)(Lederer, Lawrence) (Entered: 12/17/2012)

    12/17/2012 109 DECLARATION of Lawrence J. Lederer in Support re: 107 MOTION to Certify Class and Appointment of Class Representative and Class Counsel.. Document filed by Dodona I, LLC. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12, # 13 Exhibit Exhibit 13, # 14 Exhibit Exhibit 14, # 15 Exhibit Exhibit 15, # 16 Exhibit Exhibit 16, # 17 Exhibit Exhibit 17, # 18 Exhibit Exhibit 18, # 19 Exhibit Exhibit 19, # 20 Exhibit Exhibit 20, # 21 Exhibit Exhibit 21, # 22 Exhibit Exhibit 22, # 23 Exhibit Exhibit 23, # 24 Exhibit Exhibit 24, # 25 Exhibit Exhibit 25, # 26 Exhibit Exhibit 26, # 27 Exhibit Exhibit 27, # 28 Exhibit Exhibit 28, # 29 Exhibit Exhibit 29, # 30 Exhibit Exhibit 30, # 31 Exhibit Exhibit 31, # 32 Exhibit Exhibit 32, # 33 Exhibit Exhibit 33)(Lederer, Lawrence) (Entered: 12/17/2012)

    03/14/2013 110 NOTICE OF CHANGE OF ADDRESS by David Scott Frydman on behalf of Dodona I, LLC. New Address: Frydman LLC, 501 Fifth Avenue, 15th Floor, New York, New York, USA 10017, 212-355-9100. (Frydman, David) (Entered: 03/14/2013)

    03/14/2013 111 NOTICE OF APPEARANCE by Glen Bernard Lenihan on behalf of Dodona I, LLC (Lenihan, Glen) (Entered: 03/14/2013)

    03/14/2013 112 ENDORSED LETTER addressed to Judge Victor Marrero from Lawrence J. Lederer dated 3/07/2013 re: We represent lead plaintiff Dodona I, LLC ("Plaintiff"). We write on behalf of Plaintiff and all defendants, including Goldman, Sachs & Co., The Goldman Sachs Group, Inc., Peter L. Ostrem, and Daryl K. Herrick (the "Goldman Sachs Defendants") (together, the "Parties"), to jointly request that the Court adjourn the Case Management Conference scheduled originally for March 15,2013. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the parties. SO ORDERED. (Signed by Judge Victor Marrero on 3/14/2013) (ama) (Entered: 03/14/2013)

    03/14/2013 Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held with the parties on 3/14/2013. (mro) (Entered: 03/18/2013)

    03/18/2013 113 STIPULATION AND ORDER: The Goldman Sachs Defendants shall have until May 15, 2013 to file their opposition or other response to Plaintiff's Motion for Class Certification. Plaintiff shall have until July 31, 2013 to file a reply in further support of its Motion for Class Certification. In connection with the Motion for Class Certification, Plaintiff shall produce for deposition any expert that it relies on prior to April 10, 2013, and the Goldman Sachs Defendants shall produce for deposition any expert that they rely on prior to June 25, 2013. The fact discovery deadline shall be extended to July 29, 2013. Additional relief as set forth in this Order. (Signed by Magistrate Judge Debra C. Freeman on 3/18/2013) (pl) (pl). (Entered: 03/19/2013)

    03/18/2013 Set/Reset Deadlines: Deposition due by 6/25/2013. Fact Discovery due by 7/29/2013. Responses due by 5/15/2013 Replies due by 7/31/2013. (pl) (Entered: 03/19/2013)

  • 03/18/2013 114 REVISED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This case is to be tried to a jury. All fact discovery is to be completed by July 29, 2013. Fact depositions to be completed by July 29, 2013. Plaintiff's motion for class certification was filed on December 17, 2012 (Dkt. 107). Defendants shall have until May 15, 2013 to file their opposition or other response to Plaintiff's motion for class certification. Plaintiff shall have until July 31, 2013 to file a reply in further support of its motion for class certification. Do all parties consent to trial by a Magistrate Judge under 28 U.S.C. § 636(c)? (No). Additional relief as set forth in this Order. (Signed by Magistrate Judge Debra C. Freeman on 3/18/2013) (pl) (pl). (pl). Modified on 3/19/2013 (pl). (Entered: 03/19/2013)

    03/18/2013 Set/Reset Deadlines: Request for Production of Documents due by 6/15/2013. (pl) (Entered: 03/19/2013)

    04/18/2013 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference held on 4/18/2013. (js) (Entered: 04/19/2013)

    05/09/2013 115 ENDORSED LETTER: addressed to Judge Victor Marrero from Richard H. Klapper dated 4/29/2013 re: Counsel for defendants to request that the Court grant leave for Defendants to file a Memorandum of Law (the "Memorandum") of up to 35 pages in opposition to Plaintiff's Motion for Class Certification and Appointment of C1as~ Representative and Class Counsel (the "Motion"). Although we are mindful that Your Honor's individual practices permit page-limit extensions "only in rare cases," we respectfully submit that the facts and issues to be addressed in Defendants' Memorandum are particularly complex and justify the proposed extensions. ENDORSEMENT: Request granted. the page limitations provision of the Court's Individual Practices is modified to authorize defendants to file a brief not to exceed 30 pages in connection with the motion for class certification herein. So Ordered. (Signed by Judge Victor Marrero on 5/9/2013) (js) (Entered: 05/09/2013)

    05/09/2013 116 ENDORSED LETTER: addressed to Judge Victor Marrero from Lawrence J. Lederer dated 4/30/2013 re: While Plaintiff takes no position on Defendants' request to expand, from 25 to up to 35, the pages for their memorandum in opposition to Plaintiffs Motion for Class Certification (dkt. 107) that is due May 15, 2013, Plaintiff respectfully disagrees with the arguments Defendants advance in support of their request. First, Plaintiff advised Defendants that it took no position on Defendants' request as a courtesy only, in view of the Court's Individual Practice paragraph 11.B., which states that the Court "will entertain written requests for exceptions to these page limitations only in rare cases where the facts and issues are particularly complex." But this does not mean that Plaintiff agrees that the issues on class certification are complex, let alone particularly so. ENDORSEMENT: The Clerk of Court is directed to enter into the Public Record of this action the letter above submitted to the Court by Plaintiffs. So Ordered. (Signed by Judge Victor Marrero on 5/9/2013) (js) (Entered: 05/09/2013)

    05/09/2013 117 ENDORSED LETTER: addressed to Judge Victor Marrero from Richard H. Klapper dated 4/30/2013 re: Counsel for defendants in response to Plaintiff's April 30, 2013 letter presenting three pages of substantive argument in response to defendants' simple request for a modest pages limit extension, which Plaintiff does not oppose. ENDORSEMENT: the Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants. So Ordered. (Signed by Judge Victor Marrero on 5/9/2013) (js) (Entered: 05/09/2013)

  • 05/14/2013 118 ORDER: Plaintiffs application to compel the deposition of Lloyd Blankfein ("Blankfein"), the Chairman and Chief Executive Officer of defendant The Goldman Sacks Group, Inc. ("GS Group"), is denied, without prejudice to renew that application after Plaintiff has first made reasonable efforts to obtain the information it seeks through other discovery methods. Plaintiffs application to compel Defendants to produce Blankfein's emails is also denied, without prejudice. Plaintiffs application to compel the production of Fredman's emails is granted, but to a limited extent. As, in its supplemental submission to the Court of May 7, 2013, Plaintiff has made no further mention of its previously asserted objection to Defendants' seeking discovery from absent class members, this Court will refrain from ruling on that objection at this time. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 5/14/2013) (rsh) (Entered: 05/14/2013)

    05/15/2013 119 MEMORANDUM OF LAW in Opposition re: 107 MOTION to Certify Class and Appointment of Class Representative and Class Counsel. (Redacted). Document filed by Goldman, Sachs & Co., Darryl K. Herrick, Peter L. Ostrem, The Goldman Sachs Group, Inc.. (Klapper, Richard) (Entered: 05/15/2013)

    05/15/2013 120 DECLARATION of Richard H. Klapper (Redacted) in Opposition re: 107 MOTION to Certify Class and Appointment of Class Representative and Class Counsel.. Document filed by Goldman, Sachs & Co., Darryl K. Herrick, Peter L. Ostrem, The Goldman Sachs Group, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit AB, # 29 Exhibit AC)(Klapper, Richard) (Entered: 05/15/2013)

    05/15/2013 121 SEALED DOCUMENT placed in vault.(mps) (Entered: 05/15/2013)

    06/28/2013 122 NOTICE of of Withdrawal of Andrew J. DeFilippis as Counsel for Goldman, Sachs & Co., The Goldman Sachs Group, Inc., Peter L. Ostrem and Darryl K. Herrick. Document filed by Goldman, Sachs & Co., Darryl K. Herrick, Peter L. Ostrem, The Goldman Sachs Group, Inc.. (Croke, Jacob) (Entered: 06/28/2013)

    07/11/2013 123 LETTER addressed to Judge Victor Marrero and Magistrate Judge Debra C. Freeman from Lawrence J. Lederer dated 7/3/2013 re: Counsel for Plaintiff Dodona write on behalf of Plaintiff and all defendants, including Goldman, Sachs & Co.The Goldman Sachs Group, Inc., Peter L. Ostrem, and Darryl K. Herrick (collectively, "Defendants" and together with Plaintiff, the "Parties"), to jointly request that the Court enter the attached Stipulation and Proposed Order (Exhibit 1) and Second Revised Case Management Plan and Scheduling Order (Exhibit 2). Document filed by Dodona I, LLC.(js) Modified on 7/17/2013 (js). (Entered: 07/11/2013)

    07/11/2013 124 STIPULATION AND ORDER: Now therefore, it is hereby ordered that: 1. Plaintiff shall have until September 16, 2013 to file a reply in further support of it's motion for Class Certification. 2. The fact discovery deadline shall be extended to September September 16, 2013. This extension is made without prejudice and with the understanding that the Parties will cooperate and act in good faith in the scheduling and production of discovery in order to meet this deadline. 3. The parties reserve their right to seek additional scheduling extensions for good cause shown. So

  • Ordered (Signed by Magistrate Judge Debra C. Freeman on 7/11/2013) (js) (Entered: 07/11/2013)

    07/11/2013 125 SECOND REVISED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This case is to be tried to a jury. Joinder of additional parties, if any, is to be accomplished within ninety (90) days following the filing of defendants' answers to plaintiffs Amended Class Action Complaint. Amended pleadings may be filed without leave of the Court within the time limits provided for amendment without leave by the Federal Rules of Civil Procedure. Plaintiff shall be limited to a total of thirty (30) depositions, exclusive of any expert depositions. Defendants shall be limited to a total of thirty (30) depositions collectively to be agreed upon among Defendants, exclusive of any expert depositions. All other fact discovery shall proceed within the above time period allowed for fact discovery. The parties shall cooperate to ensure that discovery regarding class certification issues is completed in sufficient time to allow for full briefing on a class certification motion. Expert depositions completed by: Thirty (30) days after defendant's expert reports due.Any party may file a motion for summary judgment or partial summary judgment during the period starting thirty (30) days following the close of expert discovery and ending sixty (60) days following the close of expert discovery. The parties will then meet and confer regarding a briefing schedule. Following all discovery, all counsel must meet for at least one hour to discuss settlement, such conference to be held by not later than fourteen (14) days following the deadline for the completion of expert discovery. All parties do not consent to trial by a Magistrate Judge under 28 U.S.C. § 636(c). So Ordered Replies due by 9/16/2013. Deposition due by 9/16/2013. Fact Discovery due by 9/16/2013. (Signed by Magistrate Judge Debra C. Freeman on 7/11/2013) (js) (Entered: 07/11/2013)

    07/11/2013 126 SECOND REVISED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This case is to be tried to a jury. Contemplated motions: Plaintiff's motion for class certification was filed on December 17, 2012 (Dkt. 107). Defendants filed their opposition to Plaintiff's motion for class certification on May 15, 2013. Plaintiff shall have until September 16, 2013 to file a reply in further support of its motion for class certification. Replies due by 9/16/2013. Deposition due by 9/16/2013. Fact Discovery due by 9/16/2013. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 7/11/2013) (rsh) (Entered: 07/11/2013)

    08/02/2013 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference held on 8/2/2013. Submitted by Aisha Bams, Deputy Clerk (sc) (Entered: 08/05/2013)

    09/13/2013 127 NOTICE OF WITHDRAWAL OF APPEARANCE AND ORDER: PLEASE TAKE NOTICE that, upon the accompanying declaration of Ariana Torchin, dated September 10, 2013, and pursuant to Local Civil Rule 1.4 and Rule 2.5 of the Electronic Case Filing Rules and Instructions, Ariana Torchin hereby withdraws her individual appearance on behalf of Defendant Peter L. Ostrem in the above-captioned matter. Stephen M. Juris, from the law firm of Morvillo Abramowitz Grand Iason & Anello P.C., will remain as counsel to Mr. Ostrem. (Signed by Judge Victor Marrero on 9/13/2013) (js) (Entered: 09/13/2013)

    09/16/2013 128 REPLY MEMORANDUM OF LAW in Support re: 107 MOTION to Certify Class and Appointment of Class Representative and Class Counsel.. Document filed by Dodona I, LLC. (Attachments: # 1 Exhibit Expert Rebuttal Report of Dr. Joseph R.

  • Mason - Part 1, # 2 Exhibit Expert Rebuttal Report of Dr. Joseph R. Mason - Part 2, # 3 Exhibit Mason Rebuttal Rpt. - Ex. 1, # 4 Exhibit Mason Rebuttal Rpt. - Ex. 2, # 5 Exhibit Mason Rebuttal Rpt. - Ex. 3, # 6 Exhibit Mason Rebuttal Rpt. - Ex. 4, # 7 Exhibit Mason Rebuttal Rpt. - Ex. 5, # 8 Exhibit Mason Rebuttal Rpt. - Ex. 6, # 9 Exhibit Mason Rebuttal Rpt. - Ex. 7, # 10 Exhibit Mason Rebuttal Rpt. - Ex. 8, # 11 Exhibit Mason Rebuttal Rpt. - Ex. 9, # 12 Exhibit Mason Rebuttal Rpt. - Ex. 10, # 13 Exhibit Mason Rebuttal Rpt. - Ex. 11, # 14 Exhibit Mason Rebuttal Rpt. - Ex. 12, # 15 Exhibit Mason Rebuttal Rpt. - Ex. 13, # 16 Exhibit Mason Rebuttal Rpt. - Ex. 14, # 17 Exhibit Mason Rebuttal Rpt. - Ex. 15, # 18 Exhibit Mason Rebuttal Rpt. - Ex. 16, # 19 Exhibit Mason Rebuttal Rpt. - Ex. 17, # 20 Exhibit Mason Rebuttal Rpt. - Ex. 18, # 21 Exhibit Mason Rebuttal Rpt. - Ex. 19)(Lederer, Lawrence) (Entered: 09/16/2013)

    09/16/2013 129 SEALED DOCUMENT placed in vault.(mps) (Entered: 09/16/2013)

    09/26/2013 130 ENDORSED LETTER: addressed to Judge Victor Marrero from Richard H. Klapper dated 9/25/2013 re: Counsel for defendants write for the foregoing reasons, Defendants request that the Court schedule a pre-motion conference regarding Defendants' request for leave to file a motion asking the Court to exercise its inherent authority to exclude the portions of the Rebuttal Report that (i) constitute improper advocacy rather than admissible expert tetimony and serve only to evade this Court's page limitations; and (ii) introduce new arguments far beyond the scope of the Initial report s filed by defendants experts. In the alternative, Defendants request leave to file a sur-reply brief of no more than ten pages and supporting declarations. Defendants also respectfully request for oral argument in connection with Plaintiff's Motion. ENDORSEMENT: Plaintiffs are directed to respond by 9-30-2013 by letter not to exceed three (3) pages, to the matter set forth above by defendants Goldman Sachs. So Ordered. (Signed by Judge Victor Marrero on 9/26/2013) (js) (Entered: 09/26/2013)

    10/02/2013 131 ORDER: By letter dated September 25, 2013 defendants ("Goldman Sachs") requested the Court to schedule a pre-motion conference to consider a contemplated defense motion to strike portions of plaintiff Dodona, I, LLC's ("Dodona") expert rebuttal report. Defendants assert that the material they seek to strike raises legal arguments or new issues. Dodona, by letter dated September 27, 2013, opposes the request. The Court denies the application. Motion practice on the matter at this time is not warranted, nor would it be a productive use of the parties' or the Court's resources. Insofar as the expert rebuttal report may contain legal argument, the Court is able to spot those portions on its own review of the material and disregard them as appropriate. The Court is also not persuaded that what Goldman Sachs characterizes as new matter is in fact new or prejudicial. Nor does the Court view the matter at issue as bearing materially on the question now before it: compliance with the class certification standards under Rule 23. In the Court's reading of the record, the rebuttal report does not raise new matter or call for additional argument at this stage of the proceedings (Signed by Judge Victor Marrero on 10/1/2013) (js) (Entered: 10/02/2013)

    10/03/2013 132 ENDORSED LETTER: addressed to Judge Victor Marrero from Lawrence J. Lederer dated 9/27/2013 re: Counsel for Plaintiff write to reply to Defendants' September 25, 2013 letter (Dkt. 130) to Your Honor. For the reasons that follow, the Court should deny Defendants leave to file a motion to strike any portion of the

  • September 10, 2013 Expert Rebuttal Report of Dr. Joseph R. Mason, However, Plaintiff has no objection to Defendants' request, in the alternative, to file a sur-reply brief. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiffs. So Ordered. (Signed by Judge Victor Marrero on 9/27/2013) (js) (Entered: 10/03/2013)

    11/08/2013 133 NOTICE OF APPEARANCE by Merrill G Davidoff on behalf of Dodona I, LLC. (Davidoff, Merrill) (Entered: 11/08/2013)

    11/12/2013 134 LETTER addressed to Judge Victor Marrero from Lawrence J. Lederer dated 11/8/2013 re: Counsel for lead plaintiff Dodona I, LLC submits this letter in response to Defendants' Nov. 7, 2013 letter to Your Honor. Document filed by Dodona I, LLC. (tn) (Entered: 11/12/2013)

    11/13/2013 135 ENDORSED LETTER: addressed to Judge Victor Marrero from Richard H. Klapper dated 11/12/2013 re: Counsel writes on behalf of defendants Goldman, Sachs & Co., The Goldman Sachs Group, Inc., Peter L. Ostrem and Darryl K. Herrick (collectively, "Defendants") in brief response to Dodona's November 8, 2013 letter to the Court (the "Dodona Letter"). Defendants refrained from engaging in extensive discussion of the three decisions enclosed with our November 7, 2013 letter in order to avoid a substantive debate with Dodona. Defendants must, however, make several observations regarding the substantive arguments made in Dodona's letter. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants. (Signed by Judge Victor Marrero on 11/13/2013) (js) Modified on 11/13/2013 (js). (Entered: 11/13/2013)

    12/05/2013 136 ENDORSED LETTER addressed to Judge Victor Marrero from Lawrence J. Lederer dated 12/2/2013 re: Counsel writes to notify the Court ofthe recent ruling, Ge Dandong v. Pinnacle Performance Ltd., No. 10 Civ. 8086(JMF), 2013 WL 5658790 (S.D.N.Y. Oct. 17, 20l3), leave to appeal filed under Fed. R. Civ. P. 23(f) (2d Cir. Oct. 30, 20l3). Dandong further supports granting class certification of Plaintiffs New York state common law claims here. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Plaintiff. (Signed by Judge Victor Marrero on 12/5/2013) (js) (js). (Entered: 12/05/2013)

    12/05/2013 137 ENDORSED LETTER: addressed to Judge Victor Marrero from Richard H. Klapper dated 12/4/2013 re: Counsel for defendants Goldman, Sachs & Co., The Goldman Sachs Group, Inc., Peter L. Ostrem and Darryl K. Herrick (collectively, "Defendants") in response to Dodona's December 2, 2013 letter to the Court (the "Dodona Letter"). Contrary to Dodona's assertions, the decision in Ge Dandong v. Pinnacle Performance Ltd., No. 10 Civ. 8086 (JMF), 2013 WL 5658790 (S.D.N.Y. Oct. 17, 2013), leave to appeal filed under Fed. R. Civ. P. 23(J), No. 13-4150 (2d. Cir. Oct. 30, 2013) ("Dandong"), does not support Dodona's argument that the Court should certify a class with respect to its common law fraud claims, even assuming it was correctly decided ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendant. So Ordered. (Signed by Judge Victor Marrero on 12/5/2013) (js) (Entered: 12/05/2013)

  • 01/23/2014 138 DECISION AND ORDER granting 107 Motion to Certify Class. For the reasons discussed above, it is hereby ORDERED that the Motion (Dkt. No. 107) of plaintiff Dodona I, LLC for Class Certification and Appointment of Class Representative and Class Counsel is GRANTED, in accordance with this Decision and Order. (Signed by Judge Victor Marrero on 1/22/2014) (lmb) (Entered: 01/23/2014)

    02/19/2014 139 ENDORSED LETTER addressed to Judge Victor Marrero from Richard H. Klapper dated 2/18/2014 re: Counsel for defendants Goldman, Sachs & Co., The Goldman Sachs Group, Inc., Peter L. Ostrem and Darryl K. Herrick, requests that the Court extend the March 3, 2014 deadline for filing summary judgment motions. ENDORSEMENT: The parties are directed to address the matter set forth above to Magistrate Judge Debra Freeman, to whom this dispute has been referred for resolution, as well as for supervision of remaining pretrial proceedings, establishing case management schedules as necessary, and settlement. (Signed by Judge Victor Marrero on 2/19/2014) (tn) (Entered: 02/19/2014)

    02/20/2014 140 LETTER addressed to Magistrate Judge Debra C. Freeman from Lawrence J. Lederer dated February 20, 2014 re: Plaintiff's Response to Docket No. 139. Document filed by Dodona I, LLC.(Lederer, Lawrence) (Entered: 02/20/2014)

    02/20/2014 141 ENDORSED LETTER addressed to Magistrate Judge Debra C. Freeman from Richard H. Klapper dated 2/20/2014 re: Adjournment of the 3/3/2014 deadline for the parties to file summary judgment motions. ENDORSEMENT: Lead plaintiff is directed to respond to defendants' request no later than close of business on 2/21/14. (Signed by Magistrate Judge Debra C. Freeman on 2/20/2014) (cd) (Entered: 02/20/2014)

    02/21/2014 142 LETTER addressed to Magistrate Judge Debra C. Freeman from Richard H. Klapper dated February 21, 2014 re: Defendants' Reply to Docket No. 140. Document filed by Goldman, Sachs & Co., Darryl K. Herrick, Peter L. Ostrem, The Goldman Sachs Group, Inc..(Klapper, Richard) (Entered: 02/21/2014)

    02/24/2014 143 LETTER addressed to Magistrate Judge Debra C. Freeman from Lawrence J. Lederer dated February 24, 2014 re: Plaintiff's response to Dkt. 142. Document filed by Dodona I, LLC.(Lederer, Lawrence) (Entered: 02/24/2014)

    02/25/2014 144 LETTER addressed to Magistrate Judge Debra C. Freeman from Lawrence J. Lederer dated February 25, 2014 re: Requesting Order Prohibiting Certain Communications by Defendants with Class Members. Document filed by Dodona I, LLC.(Lederer, Lawrence) (Entered: 02/25/2014)

    02/27/2014 146 ENDORSED LETTER addressed to Magistrate Judge Debra C. Freeman from Theodore Edelman dated 2/27/2014 re: Confirming that the Court has extended until 3/10/2014 for filing summary judgment motions. ENDORSEMENT: So Ordered. ( Motions due by 3/10/2014.) (Signed by Magistrate Judge Debra C. Freeman on 2/27/2014) (cd) (Entered: 03/03/2014)

    02/28/2014 145 LETTER addressed to Magistrate Judge Debra C. Freeman from Richard H. Klapper dated February 28, 2014 re: response to Dkt. No. 144. Document filed by Goldman, Sachs & Co., Darryl K. Herrick, Peter L. Ostrem, The Goldman Sachs Group, Inc..(Klapper, Richard) (Entered: 02/28/2014)

  • 03/03/2014 147 LETTER addressed to Magistrate Judge Debra C. Freeman from Lawrence J. Lederer dated March 3, 2014 re: Response to Dkt. 145. Document filed by Dodona I, LLC.(Lederer, Lawrence) (Entered: 03/03/2014)

    03/04/2014 148 LETTER addressed to Magistrate Judge Debra C. Freeman from Richard H. Klapper dated March 4, 2014 re: Response to Plaintiff's March 3, 2014 Letter. Document filed by Goldman, Sachs & Co., Darryl K. Herrick, Peter L. Ostrem, The Goldman Sachs Group, Inc..(Klapper, Richard) (Entered: 03/04/2014)

    03/05/2014 149 THIRD REVISED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER re Any party may file a motion for summary judgment or partial summary judgment during the period starting thirty (30) days following the close of expert discovery and ending twenty-one (21) days following the deadline for class members to opt out of the action or appear separately. The parties will then meet and confer regarding a briefing schedule. ENDORSEMENT: The undersigned having conferred with Judge Marrero, the proposed modification as to the summary judgment briefing schedule, as set forth herein, is adopted. (Signed by Magistrate Judge Debra C. Freeman on 3/5/2014) (cd) (Entered: 03/07/2014)

    03/20/2014 150 LETTER addressed to Magistrate Judge Debra C. Freeman from Lawrence J. Lederer dated March 20, 2014 re: In further support of Dkt. 144, 147. Document filed by Dodona I, LLC.(Lederer, Lawrence) (Entered: 03/20/2014)

    03/21/2014 151 LETTER addressed to Magistrate Judge Debra C. Freeman from Brett D. Jaffe dated March 21, 2014 re: REDACTED LETTER TO HONORABLE DEBRA FREEMAN FROM BRETT D. JAFFE RESPONDING TO PLAINTIFF'S LETTER DATED MARCH 20, 2014. Document filed by Goldman, Sachs & Co., The Goldman Sachs Group, Inc..(Jaffe, Brett) (Entered: 03/21/2014)

    04/23/2014 152 ORDER: it is hereby ORDERED that the proposal of Lead Plaintiff is adopted, such that Plaintiff may serve up to 150 RFAs on Goldman and up to 20 additional RFAs, each, on Ostrem and Herrick. (Signed by Magistrate Judge Debra C. Freeman on 4/23/2014) Copies Sent By Chambers. (cd) (Entered: 04/23/2014)

    05/01/2014 153 LETTER addressed to Magistrate Judge Debra C. Freeman from Richard H. Klapper dated 05/01/2014 re: Court's April 23, 2014 Order. Document filed by Goldman, Sachs & Co., Darryl K. Herrick, Peter L. Ostrem, The Goldman Sachs Group, Inc..(Klapper, Richard) (Entered: 05/01/2014)

    05/02/2014 154 MEMO ENDORSEMENT on 153 Letter, filed by Darryl K. Herrick, Goldman, Sachs & Co., The Goldman Sachs Group, Inc., Peter L. Ostrem re request to serve requests for admission. ENDORSEMENT: So Ordered. (Signed by Magistrate Judge Debra C. Freeman on 5/2/2014) (cd) (Entered: 05/02/2014)

    05/08/2014 155 MOTION for an Order Approving Notice to Class Members and Notice Procedures. Document filed by Dodona I, LLC.(Lederer, Lawrence) (Entered: 05/08/2014)

    05/08/2014 156 MEMORANDUM OF LAW in Support re: 155 MOTION for an Order Approving Notice to Class Members and Notice Procedures. . Document filed by Dodona I, LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Text of Proposed Order)(Lederer, Lawrence) (Entered: 05/08/2014)

  • 05/13/2014 157 FIRST OPPOSITION BRIEF re: 155 MOTION for an Order Approving Notice to Class Members and Notice Procedures. Memorandum of Law in Opposition to Lead Plaintiff's Motion for an Order Approving Notice to Class Members and Notice Procedures. Document filed by Goldman, Sachs & Co., Darryl K. Herrick, Peter L. Ostrem, The Goldman Sachs Group, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Klapper, Richard) (Entered: 05/13/2014)

    05/19/2014 158 REPLY MEMORANDUM OF LAW in Support re: 155 MOTION for an Order Approving Notice to Class Members and Notice Procedures. . Document filed by Dodona I, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Text of Proposed Order)(Lederer, Lawrence) (Entered: 05/19/2014)

    06/02/2014 159 ORDER re: 144 Letter filed by Dodona I, LLC. For the reasons above, it is hereby ORDERED that Plaintiffs' request for an order prohibiting Defendants from communicating with class members concerning any aspect of this litigation during the pendency of this litigation (Dkt. 144) is denied, except that Defendants' counsel is directed to restrict their communications with class members to attorneys serving those class members in a representative capacity. (Signed by Magistrate Judge Debra C. Freeman on 6/2/2014) (tro) (Entered: 06/03/2014)

    06/17/2014 160 MOTION for Brett D. Jaffe to Withdraw as Attorney (for Defendants Goldman, Sachs & Co. and The Goldman Sachs Group, Inc.). Document filed by Goldman, Sachs & Co., The Goldman Sachs Group, Inc..(Gresser, Lawrence) (Entered: 06/17/2014)

    06/18/2014 161 MEMO ENDORSEMENT granting 160 Motion to Withdraw as Attorney. ENDORSEMENT: MOTION GRANTED. Attorney Brett D. Jaffe terminated. (Signed by Judge Victor Marrero on 6/18/2014) (tn) (Entered: 06/18/2014)

    06/27/2014 162 MANDATE of USCA (Certified Copy). USCA Case Number 14-419.Petitioners move, pursuant to Federal Rule of Civil Procedure 23(f), for leave to appeal the district court's order granting Respondents' motion for class certification, for leave to file a reply brief in support of their petition, and for leave to file the reply under seal.Upon due consideration, it is hereby ORDERED that the motions to file a sealed reply brief are GRANTED, but that the Rule 23(f) the petition is DENIED because an immediate appeal is unwarranted. See Sumitomo Copper Litig. v. Credit Lyonnais Rouse, Ltd., 262 F.3d 134, 139-40 (2d Cir. 2001). Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Order: 06/27/2014. (nd) (Entered: 06/27/2014)

    06/30/2014 163 LETTER addressed to Magistrate Judge Debra C. Freeman from Lawrence J. Lederer dated June 30, 2014 re: In further support of Dkt. 155. Document filed by Dodona I, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Lederer, Lawrence) (Entered: 06/30/2014)

    07/01/2014 164 LETTER addressed to Magistrate Judge Debra C. Freeman from Richard H. Klapper dated July 1, 2014 re: Response to Lead Plaintiff's June 30, 2014 Letter. Document filed by Goldman, Sachs & Co., The Goldman Sachs Group, Inc..(Klapper, Richard) (Entered: 07/01/2014)

  • 07/02/2014 165 LETTER addressed to Magistrate Judge Debra C. Freeman from Lawrence J. Lederer dated July 2, 2014 re: in further support of Dkt. 163. Document filed by Dodona I, LLC.(Lederer, Lawrence) (Entered: 07/02/2014)

    07/02/2014 166 NOTICE OF APPEARANCE by Scott Douglas Thomson on behalf of Goldman, Sachs & Co.. (Thomson, Scott) (Entered: 07/02/2014)

    08/05/2014 167 LETTER MOTION for Conference addressed to Magistrate Judge Debra C. Freeman from Richard H. Klapper dated 08/05/2014. Document filed by Goldman, Sachs & Co., Darryl K. Herrick, Peter L. Ostrem, The Goldman Sachs Group, Inc..(Klapper, Richard) (Entered: 08/05/2014)

    08/07/2014 168 LETTER addressed to Magistrate Judge Debra C. Freeman from Lawrence J. Lederer dated 08/07/14 re: in response to the August 5, 2014 letter (Dkt. 167). Document filed by Dodona I, LLC.(Lederer, Lawrence) (Entered: 08/07/2014)

    08/08/2014 169 LETTER REPLY to Response to Motion addressed to Magistrate Judge Debra C. Freeman from Richard H. Klapper dated August 8, 2014 re: 167 LETTER MOTION for Conference addressed to Magistrate Judge Debra C. Freeman from Richard H. Klapper dated 08/05/2014. . Document filed by Goldman, Sachs & Co., Darryl K. Herrick, Peter L. Ostrem, The Goldman Sachs Group, Inc.. (Klapper, Richard) (Entered: 08/08/2014)

    09/03/2014 170 NOTICE OF APPEARANCE by Joanna Ka Wai Chan on behalf of Goldman, Sachs & Co., The Goldman Sachs Group, Inc.. (Chan, Joanna) (Entered: 09/03/2014)

    09/22/2014 171 ORDER finding as moot 167 Letter Motion for Conference; the Court held a conference with counsel on 9/22/14 and addressed the issues raised in counsel's letter. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra) (Entered: 09/22/2014)

    09/22/2014 172 ORDER granting 155 Motion for an Order Approving Notice to Class Members, with certain modifications. In a telephone conference held on 9/22/14, this Court addressed the parties' disputes regarding the content of Plaintiffs' proposed Notice and resolved those disputes, with an instruction to counsel to resubmit a modified proposed Order and Notice for entry by the Court. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra) (Entered: 09/22/2014)

    09/22/2014 Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference held va telephone on 9/22/2014. (aba) (Entered: 09/24/2014)

    10/17/2014 173 LETTER addressed to Magistrate Judge Debra C. Freeman from Lawrence J. Lederer dated October 17, 2014 re: per Dkt. 172, resubmitting a modified proposed Order and Notice for entry by the Court. Document filed by Dodona I, LLC. (Attachments: # 1 Text of Proposed Order)(Lederer, Lawrence) (Entered: 10/17/2014)

    10/20/2014 174 TRANSCRIPT of Proceedings re: Case Management Conference held on 4/18/2014 before Magistrate Judge Debra C. Freeman. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of

  • Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/13/2014. Redacted Transcript Deadline set for 11/24/2014. Release of Transcript Restriction set for 1/21/2015.(soh) (Entered: 10/20/2014)

    10/20/2014 175 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Case Management Conference proceeding held on 04/18/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(soh) (Entered: 10/20/2014)

    10/21/2014 176 THIRD REVISED ORDER GRANTING LEAD PLAINTIFF'S MOTION FOR AN ORDER APPROVING NOTICE TO CLASS MEMBERS AND NOTICE PROCEDURES: Plaintiff's Motion to Approve Class Notice as further revised is granted as set forth within. (Signed by Magistrate Judge Debra C. Freeman on 10/21/2014) (ajs) (Entered: 10/21/2014)

    12/18/2014 177 LETTER addressed to Magistrate Judge Debra C. Freeman from Richard H. Klapper dated 12/18/14 re: summary judgment briefing schedule. Document filed by Goldman, Sachs & Co., Darryl K. Herrick, Peter L. Ostrem, The Goldman Sachs Group, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Klapper, Richard) (Entered: 12/18/2014)

    12/19/2014 178 MEMO ENDORSEMENT on re: 177 Letter filed by Darryl K. Herrick, Goldman, Sachs & Co., The Goldman Sachs Group, Inc., Peter L. Ostrem. ENDORSEMENT: Request GRANTED. The time for defendants to file summary judgment motions herein is extended to 1-30-15. The parties are directed to propose an agreed upon schedule for responses and replies, and page limitations above. SO ORDERED. ( Motions due by 1/30/2015.) (Signed by Judge Victor Marrero on 12/19/2014) (ama) (Entered: 12/22/2014)

    01/07/2015 179 ENDORSED LETTER addressed to Judge Victor Marrero from Lawrence J. Lederer dated 1/7/2015 re: Plaintiff respectfully requests that the Court deny Defendants' request for leave to file a motion to decertify the class, without prejudice to Defendants' right to seek leave to file such a motion after the Court rules on summary judgment. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiff. (Signed by Judge Victor Marrero on 1/7/2015) (lmb) (Entered: 01/07/2015)

    01/07/2015 180 ENDORSED LETTER addressed to Judge Victor Marrero from Richard H. Klapper dated 1/5/2015 re: I write on behalf of Defendants in the above-referenced action to request leave, simultaneously with the existing summary judgment schedule, to file a companion motion to decertify the class. ENDORSEMENT: Request denied. The Court is not persuaded that judicial economy would be served by a class decertification motion before the Court's ruling on summary judgment. (Signed by Judge Victor Marrero on 1/7/2015) (lmb) (Entered: 01/08/2015)

    01/26/2015 181 NOTICE of Lead Plaintiff's Report on Dissemination of Notice to the Class and Receipt of Two Requests for Exclusion. Document filed by Dodona I, LLC. (Attachments: # 1 Exhibit 1)(Davidoff, Merrill) (Entered: 01/26/2015)

  • 01/30/2015 182 NOTICE OF APPEARANCE by Lawrence Thomas Gresser on behalf of Goldman, Sachs & Co., Darryl K. Herrick, Peter L. Ostrem, The Goldman Sachs Group, Inc.. (Gresser, Lawrence) (Entered: 01/30/2015)

    01/30/2015 183 NOTICE OF APPEARANCE by Nathaniel P. T. Read on behalf of Goldman, Sachs & Co., Darryl K. Herrick, Peter L. Ostrem, The Goldman Sachs Group, Inc.. (Read, Nathaniel) (Entered: 01/30/2015)

    01/30/2015 184 NOTICE OF APPEARANCE by Joanna Ka Wai Chan on behalf of Goldman, Sachs & Co., Darryl K. Herrick, Peter L. Ostrem, The Goldman Sachs Group, Inc.. (Chan, Joanna) (Entered: 01/30/2015)

    01/30/2015 185 NOTICE OF APPEARANCE by Scott Douglas Thomson on behalf of Goldman, Sachs & Co., Darryl K. Herrick, Peter L. Ostrem, The Goldman Sachs Group, Inc.. (Thomson, Scott) (Entered: 01/30/2015)

    01/30/2015 186 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned, the attorneys of record for all the parties to the above captioned action, subject to the approval or the Court, as follows: 1. On or before January 30, 2015, Defendants may file briefs of up to 40 pages total in support of their summary judgment motions (a 25-page brief addressing issues commo