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

  • US District Court Civil Docket as of 08/04/2005 Retrieved from the court on Thursday, November 08, 2007

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

    CIVIL DOCKET FOR CASE #: 1:00-cv-02284-DLC-DCF

    Cromer Finance, Ltd., et al v. Berger, et al Assigned to: Judge Denise L. Cote Referred to: Magistrate Judge Debra C. Freeman Demand: $0 Cause: 15:78m(a) Securities Exchange Act

    Date Filed: 03/24/2000 Date Terminated: 09/06/2005 Jury Demand: Both Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

    Plaintiff Cromer Finance, Ltd. individually and on behalf of all others similarly situated

    represented by Irena Sara Brobston Thelen Reid & Priest LLP 875 Third Avenue New York, NY 10022-6225 (212) 603-2000 LEAD ATTORNEY Jeffrey H. Squire Kirby, McInerney & Squire, L.L.P. 830 Third Avenue New York, NY 10022 (212) 371-6600 LEAD ATTORNEY Joanne M Cicala Kirby McInerney LLP 830 Third Avenue 10th Floor New York, NY 10022 (212) 317-2300 Fax: (212) 751-2540 Email: [email protected] LEAD ATTORNEY Mark A. Strauss Kirby McInerney LLP 830 Third Avenue 10th Floor New York, NY 10022 (212) 317-2300 Fax: 212-751-2540 Email: [email protected] LEAD ATTORNEY

  • Richard L. Stone Kirby McInerney LLP 830 Third Avenue 10th Floor New York, NY 10022 (212)-371-6600 Fax: (212)-751-2540 Email: [email protected] LEAD ATTORNEY Steven J. Shore Ganfer & Shore, LLP 360 Lexington Avenue, 14th Floor New York, NY 10017 212 922-9250 Fax: 212 922-9335 Email: [email protected] LEAD ATTORNEY Richard P. Swanson Thelen, Reid & Priest, L.L.P. 875 Third Avenue New York, NY 10022 (212) 603-2000 ATTORNEY TO BE NOTICED

    V.

    Defendant

    Michael Berger TERMINATED: 03/23/2004

    represented by Sara Mogulescu Morvillo, Abramowitz, Grand, Iason & Silberberg 565 Fifth Avenue New York, NY 10017 (212) 856-9600 TERMINATED: 04/23/2001 LEAD ATTORNEY

    Defendant

    Deloitte & Touche TERMINATED: 09/08/2000

    Defendant

    Fund Administration Services (Bermuda) Ltd.

  • TERMINATED: 10/07/2002

    Defendant

    Ernst & Young, L.L.P. TERMINATED: 09/08/2000

    Defendant

    John Does 1 through 100

    Defendant

    Bear Stearns Securities Corp. TERMINATED: 01/19/2001

    represented by Adam J. Freedman Schulte, Roth & Zabel, L.L.P. 919 Third Avenue New York, NY 10022 (212) 756-2000 Email: [email protected] TERMINATED: 01/19/2001 LEAD ATTORNEY Daniel J. Kramer Schulte, Roth & Zabel, L.L.P. 919 Third Avenue New York, NY 10022 (212) 756-2000 Email: [email protected] TERMINATED: 07/30/2001 LEAD ATTORNEY Harry Simeon Davis Schwartz & Ballen LLP 1990 M Street Nw Suite 500 Washington, NY 20036 212-756-2222 Fax: 212-593-5955 Email: [email protected] TERMINATED: 07/30/2001 LEAD ATTORNEY

    Defendant

    Bear Stearns & Co., Incorporated TERMINATED: 07/30/2001

    represented by Adam J. Freedman (See above for address) TERMINATED: 07/30/2001 LEAD ATTORNEY Daniel J. Kramer (See above for address)

  • TERMINATED: 07/30/2001 LEAD ATTORNEY Harry Simeon Davis (See above for address) TERMINATED: 07/30/2001 LEAD ATTORNEY

    Defendant

    Financial Administration Services (Bermuda), Ltd. TERMINATED: 07/30/2001

    Movant

    Mark Nichols represented by Mark W. Smith Kasowitz, Benson, Torres & Friedman, L.L.P. 1633 Broadway New York, NY 10019 (212) 506-1700 LEAD ATTORNEY

    Movant

    Manhattan Capital Management, Inc.

    Movant

    Manhattan Investment Fund, Ltd.

    Plaintiff

    Prival N.V. on behalf of themselves and all others similarly situated

    represented by Irena Sara Brobston (See above for address) LEAD ATTORNEY Mark A. Strauss (See above for address) LEAD ATTORNEY Richard P. Swanson Thelen, Reid & Priest L.L.P. 40 West 57th Street New York, NY 10019 (212) 603-2000 LEAD ATTORNEY

  • V.

    Defendant

    Ernst & Young International TERMINATED: 06/06/2001

    Defendant

    Ernst & Young Bermuda TERMINATED: 10/07/2002

    Defendant

    Kempe & Whittle Associates Limited TERMINATED: 10/07/2002

    Defendant

    Deloitte & Touche (Burmuda) TERMINATED: 01/30/2004

    represented by Michael John Dell Kramer Levin Naftalis & Frankel, LLP 1177 Avenue of the Americas New York, NY 10036 212-715-9129 Fax: 212-715-8000 Email: [email protected] LEAD ATTORNEY

    Defendant

    Deloitte Touche Tohmatsu TERMINATED: 01/30/2004

    represented by Aric Hugo Wu Gibson, Dunn & Crutcher LLP (NYC) 200 Park Avenue, 48th Floor New York, NY 10166 2123513820 Fax: 2123515344 Email: [email protected] LEAD ATTORNEY John T. Behrendt Gibson, Dunn & Crutcher, L.L.P. 200 Park Avenue New York, NY 10166 (212) 351-4000 LEAD ATTORNEY Mark Benjamin Holton Gibson, Dunn & Crutcher LLP (NYC) 200 Park Avenue, 48th Floor New York, NY 10166

  • 2123513891 Fax: 2123515230 Email: [email protected] LEAD ATTORNEY

    Defendant

    Deloitte & Touche L.L.P. TERMINATED: 01/30/2004

    represented by Timothy Harkness Kramer Levin Naftalis & Frankel, LLP 1177 Avenue of the Americas New York, NY 10036 LEAD ATTORNEY

    Defendant

    Bear Stearns & Co., Inc.

    Defendant

    Financial Asset Management, Inc. TERMINATED: 12/04/2002

    represented by Martin I. Kaminsky Pollack & Kaminsky 114 West 47th Street New York, NY 10036 (212)575-4700 TERMINATED: 11/20/2001 LEAD ATTORNEY

    Defendant

    Ernst & Young International TERMINATED: 01/23/2003

    Defendant

    Bear Stearns Securities Corp.

    Date Filed # Docket Text

    03/24/2000 1 CLASS ACTION COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $ 150.00 RECEIPT # 370083. (bm) (Entered: 03/28/2000)

    03/24/2000 2 RULE 1.9 CERTIFICATE filed by Cromer Finance, Ltd. . (bm) (Entered: 03/28/2000)

    03/24/2000 CASE REFERRED TO Judge Cote. (bm) (Entered: 03/28/2000)

    03/31/2000 Case accepted as related to 1:00cv 333. Notice of assignment to follow. (bm) (Entered: 04/03/2000)

  • 03/31/2000 3 Notice of assignment to Judge Denise L. Cote . Copy of notice and judge's rules mailed to Attorney(s) of record: Joanne M. Cicala, Mark Allen Strauss, Richard L. Stone, Jeffrey H. Squire . (bm) (Entered: 04/03/2000)

    04/07/2000 4 STIPULATION and ORDER, reset answer due for 5/19/00 for Bear Stearns Secur ( signed by Judge Allen G. Schwartz ) (cd) (Entered: 04/10/2000)

    04/12/2000 5 Notice of Initial Pretrial Conference: Initial pre-trial conference set for 11:00 a.m. on 5/19/00 ( signed by Judge Denise L. Cote ) (cd) Modified on 04/13/2000 (Entered: 04/12/2000)

    04/18/2000 6 Affidavit of service of true and complete copies of the Notice of Assignment and Local Rules by fax and prepaid first-class mail on 4/11/00; see attached list of parties served (ls) (Entered: 04/19/2000)

    04/18/2000 7 Affidavit of service of true and complete copies of Notice of Initial Pretrial Conf. by fax and prepaid first-class mail on 4/11/00; see attached list of parties served (ls) Modified on 04/19/2000 (Entered: 04/19/2000)

    04/24/2000 8 STIPULATION AND ORDER Extending Time; reset answer to the Class Action Complt. due for 5/19/00 for Deloitte & Touche ; this stipulation is w/o prejudice to, and Deloitte expressly reserves, all objections that it may have to the Class Action Complt., including w/o limitation, insufficiency of process, insufficiency of service of process and lack of personal jurisdiction ; ( signed by Judge Denise L. Cote ) (ls) (Entered: 04/25/2000)

    05/15/2000 9 Memo-Endorsement on letter addressed to Judge Cote from John T. Behrendt, dated 5/11/00. Re: Lead counsel for deft Deloitte Touche Tohmatsu requests that his colleague have permission to participate in the status conference scheduled for 5/19/00 in his stead; or if this is not acceptable, that he could attend the conference during the week of May 29 or June 12. Conference is adjourned to 12:00 PM on 6/2/00 . ( signed by Judge Denise L. Cote ); Copies mailed. (sn) (Entered: 05/16/2000)

    05/18/2000 10 NOTICE OF MOTION by Cromer Finance, Ltd.; for an order pursuant to section 21 D(a)(3)(B) of the Securities Exchange Acto fo 1934 for appointment as Lead Plainitff of a class or purchasers of securities of Manhattan Investment Fund Ltd. from 9/31/96 thru 1/18/00 ; for approval of its choice of lead counsel ; Return date: 6/16/00. (pl) (Entered: 05/19/2000)

    05/18/2000 11 AFFIDAVIT of Mark A. Strauss by Cromer Finance, Ltd. in support Re: [10-1] motion for an order pursuant to section 21 D(a)(3)(B) of the Securities Exchange Acto fo 1934 for appointment as Lead Plainitff of a class or purchasers of securities of Manhattan Investment Fund Ltd. from 9/31/96 thru 1/18/00; [10-2] motion for approval of its choice of lead counsel. (pl) (Entered: 05/19/2000)

    05/18/2000 12 MEMORANDUM OF LAW by Cromer Finance, Ltd. in support of [10-1] motion for an order pursuant to section 21 of the Securities Exchange Acto fo 1934 for appointment as Lead Plainitff of a class or purchasers of securities of Manhattan Investment Fund Ltd. from 9/31/96 thru 1/18/00, [10-2] motion for approval of its choice of lead counsel (pl) (Entered: 05/19/2000)

    05/31/2000 13 STIPULATION and ORDER; reset answer due for 6/12/00 for Deloitte & Touche,

  • for Bear Stearns Secur, for Fund Admin. Svcs.; this stipulation is without prejudice to, and Defendants expresly reserve, all objections that they may have to the Class Action Complaint, including without limitation, insufficiency of process, insufficiency of srevice of process and lack of ; ( signed by Judge Denise L. Cote ) (pl) (Entered: 06/01/2000)

    06/05/2000 14 Revised Order/Notice setting initial pre-trial conference for 2:30 7/14/00. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel ( signed by Judge Denise L. Cote ) (cd) (Entered: 06/06/2000)

    06/05/2000 15 MEMORANDUM by Deloitte & Touche in response to: [10-1] motion for an order pursuant to section 21 D(a)(3)(B) of the Securities Exchange Acto fo 1934 for appointment as Lead Plainitff of a class or purchasers of securities of Manhattan Investment Fund Ltd. from 9/31/96 thru 1/18/00, [10-2] motion for approval of its choice of lead counsel . (jp) (Entered: 06/06/2000)

    06/06/2000 16 STIPULATION AND ORDER: reset answer due for 6/28/00 for Deloitte & Touche, for Bear Stearns Secur, for Fund Admin. Svcs. ( signed by Judge Denise L. Cote ) (sac) (Entered: 06/08/2000)

    06/13/2000 17 Affidavit of service as to Deloitte & Touche by Ms. Denne Carroll, Legal Dept. on 3/29/00. (sn) (Entered: 06/16/2000)

    06/13/2000 17 Affidavit of service as to Bear Stearns Secur by Ms. Darya Geetter, Managing Director, on 3/28/00. (sn) (Entered: 06/16/2000)

    06/19/2000 18 Affidavit of service as to Fund Admin. Svcs. by John Doe on 5/2/00. Answer due on 5/22/00 for Fund Admin. Svcs. (cd) (Entered: 06/20/2000)

    06/28/2000 19 STIPULATION and ORDER, reset answer due for 7/10/00 for Bear Stearns & Co., for Bear Stearns Secur, for Deloitte & Touche, for Financial Administra ( signed by Judge Denise L. Cote ) (cd) (Entered: 06/29/2000)

    07/10/2000 20 NOTICE OF MOTION by Bear Stearns Secur; for an order pursuant to FRCP 9(b) and 12(b)(6), dismissing the complaint as agaisnt Bear Stearns . Return date 8/4/00. (Affirmation of Adam J. Freedman attached in support) Filed in the Court's night deposit box on 7/10/00 at 8:38 p.m. (ri) (Entered: 07/11/2000)

    07/10/2000 21 MEMORANDUM OF LAW by Bear Stearns Secur in support of [20-1] motion for an order pursuant to FRCP 9(b) and 12(b)(6), dismissing the complaint as agaisnt Bear Stearns. (Filed in the Court's night deposit box on 7/10/00 at 8:38 p.m.) (ri) (Entered: 07/11/2000)

    07/10/2000 22 MEMORANDUM OF LAW by Deloitte & Touche in support of Deloitte Touche Tohmatsy's motion to dismiss the complaint. (ri) (Entered: 07/11/2000)

    07/10/2000 23 NOTICE OF MOTION by Deloitte & Touche dismissing the actionpurs to FRCP 12(b)(6) with prejudice ; Return date 5/9/00. (cd) (Entered: 07/11/2000)

    07/10/2000 24 AFFIDAVIT of Richard H. Murray by Deloitte & Touche in support of [23-1] motion dismissing the actionpurs to FRCP 12(b)(6) with prejudice . (pl) (Entered: 07/12/2000)

    07/11/2000 25 RULE 1.9 CERTIFICATE filed by Bear Stearns Secur . (djc) (Entered:

  • 07/17/2000)

    07/12/2000 26 NOTICE OF MOTION by Fund Admin. Svcs.; for an Order dismissing the complaint purs. to Rules 9(b), 12(b)(1), 12(b)(2) and 12(b)(6) of the FRCP and the Private Securities Litigation Reform Act of 1995 ; Return date not indicated. Declaration of Gregg L. Weiner in support of motion attached. (jp) Modified on 07/13/2000 (Entered: 07/13/2000)

    07/12/2000 27 MEMORANDUM OF LAW by Fund Admin. Svcs. in support of [26-1] motion for an Order dismissing the complaint purs. to Rules 9(b), 12(b)(1), 12(b)(2) and 12(b)(6) of the FRCP and the Private Securities Litigation Reform Act of 1995 . (jp) (Entered: 07/13/2000)

    07/12/2000 28 AFFIDAVIT of Derek Stapley by Fund Admin. Svcs. in support of [26-1] motion for an Order dismissing the complaint purs. to Rules 9(b), 12(b)(1), 12(b)(2) and 12(b)(6) of the FRCP and the Private Securities Litigation Reform Act of 1995 . (jp) (Entered: 07/13/2000)

    07/12/2000 29 AFFIDAVIT of John McKenna by Fund Admin. Svcs. in support of [26-1] motion for an Order dismissing the complaint purs. to Rules 9(b), 12(b)(1), 12(b)(2) and 12(b)(6) of the FRCP and the Private Securities Litigation Reform Act of 1995 . (jp) (Entered: 07/13/2000)

    07/12/2000 30 RULE 1.9 CERTIFICATE filed by Fund Admin. Svcs. . (jp) (Entered: 07/13/2000)

    07/19/2000 31 PRETRIAL SCHEDULING ORDER: Any amended complaint must be filed by 8/25/00. Defts' motion to be dismissed to be served by 9/15/00; opposition served by 10/6/00; reply served by 10/20/00. At the time any reply is served the moving party shall supply 2 courtesy copies of all motion papers to Chambers by delivering them to the Courthouse Mailroom, 8th Floor, 500 Pearl St. ( signed by Judge Denise L. Cote ); Copies mailed. (sn) (Entered: 07/19/2000)

    07/24/2000 32 ORDER, defendants' request to stay discovery in Scotia Nominees v. Michael Berger, et al, No. 600320/00, an action in the Supreme Court is denied without prejudice to its being reinstated by formal motion, on notice to the plaintiffs in Scotia Nominees . ( Signed by Judge Denise L. Cote ). Copies mailed. (kw) (Entered: 07/25/2000)

    08/04/2000 33 NOTICE OF MOTION by Bear Stearns Secur, Bear Stearns & Co. staying all proceedings in Scotia Nominees v Michael Berger, pending in NYS Supreme Court, NY County ; Return date 8/25/00. (cd) (Entered: 08/08/2000)

    08/04/2000 34 AFFIDAVIT of Daniel J. Kramer by Bear Stearns Secur, Bear Stearns & Co. in support of [33-1] motion staying all proceedings in Scotia Nominees v Michael Berger, pending in NYS Supreme Court, NY County . (cd) (Entered: 08/08/2000)

    08/04/2000 35 MEMORANDUM OF LAW by Bear Stearns Secur, Bear Stearns & Co. in support of [33-1] motion staying all proceedings in Scotia Nominees v Michael Berger, pending in NYS Supreme Court, NY County . (cd) (Entered: 08/08/2000)

    08/16/2000 36 MEMORANDUM OF LAW in opposition to [33-1] motion staying all proceedings in Scotia Nominees v Michael Berger, pending in NYS Supreme Court, NY County . (jp) (Entered: 08/17/2000)

  • 08/16/2000 37 DECLARATION of Erach F. Screwvala in opposition Re: [33-1] motion staying all proceedings in Scotia Nominees v Michael Berger, pending in NYS Supreme Court, NY County . (jp) (Entered: 08/17/2000)

    08/23/2000 38 PRETRIAL SCHEDULING ORDER: any amended complt. must be filed by 9/8/00; defts' motions to dismiss will be served by the dates indicated: motions served by 9/29/00; opposition served by 10/20/00; reply served by 11/3/00; ( signed by Judge Denise L. Cote ); Copies mailed. (lf) Modified on 08/24/2000 (Entered: 08/24/2000)

    08/23/2000 39 STIPULATION and ORDER; regarding procedures that will govern the handling of "Discovery Material" . ( signed by Judge Denise L. Cote ) (pl) (Entered: 08/24/2000)

    08/28/2000 40 REPLY MEMORANDUM by Bear Stearns Secur, and Bear Stearns & Co. in further support of re: [33-1] motion staying all proceedings in Scotia v Michael Berger, pending in NYS Supreme Court, NY County. (kw) (Entered: 08/30/2000)

    08/31/2000 Memo endorsed on motion; denying [33-1] motion staying all proceedings in Scotia Nominees v Michael Berger, pending in NYS Supreme Court, NY County . ( signed by Judge Denise L. Cote ); Copies mailed. (pl) (Entered: 08/31/2000)

    08/31/2000 41 ORDER; Defendants' motion to stay proceedings in Scotia Nominees is denied ; (signed by Judge Denise L. Cote ); Copies mailed. (djc) (Entered: 08/31/2000)

    09/08/2000 42 FIRST AMENDED COMPLAINT for violations of the Securities Laws and Pendent State Law Claims by Cromer Finance, Ltd., Prival N.V. (Answer due 9/21/00 for Financial Administra, for Bear Stearns & Co., for Bear Stearns Secur, for John Does 1 through 10, for Fund Admin. Svcs., for Michael Berger ) amending [1-1] complaint against Ernst & Young Int'l, Ernst & Young Bermuda, Kempe & Whittle Associates, Deloitte & Touche Burmuda, Deloitte Touche Tohmatsu, Deloitte & Touche LLP, Bear Stearns & Co., Financial Asset Management; Summons issued. (lam) (Entered: 09/11/2000)

    09/08/2000 42 DEMAND for jury trial by Cromer Finance, Ltd., Prival N.V. (lam) (Entered: 09/11/2000)

    09/19/2000 44 RULE 1.9 CERTIFICATE filed by Michael Berger . (sn) (Entered: 09/21/2000)

    09/19/2000 45 ANSWER to Complaint by Michael Berger (Attorney Sara Mogulescu from the Firm: Morvillo Abramowitz, Grand, Iason & Silberberg, P.C.). (sn) (Entered: 09/21/2000)

    09/20/2000 43 Memo-Endorsement on letter addressed to Judge Cote from Veronica E. Rendon, dated 9/15/00. Re:, extending time of the discovery deadline for two weeks . ( signed by Judge Denise L. Cote ); Copies mailed. (kg) (Entered: 09/21/2000)

    09/27/2000 46 PRETRIAL SCHEDULING ORDER: document discovery on the issue of personal jurisdiction shall be completed by 10/20/00; any depositions shall be completed by 11/12/00; defts motions to dismiss will be served by 10/20/00, opposition served by 12/1/00 and reply served by 12/22/00. ( signed by Judge Denise L. Cote ); Copies mailed. (jp) Modified on 09/28/2000 (Entered: 09/28/2000)

    09/27/2000 47 NOTICE OF AMENDMENT TO MOTION by Cromer Finance, Ltd. filed on

  • 5/18/00; purs. to Sec. 21D(a)(3)(B) of the Securities Exchange Act of 1934, as amended by the Private Securities Litigation Reform Act of 1995, for the appointment of pltff Prival N.V., together with pltff Cromer Finance Ltd., as co-lead pltffs of a class of purchasers of securities of the Manhattan Investment Fund Ltd. ; for the approval of co-lead pltffs' selection of the law firm Thelen Reid & Priest LLP, together with the law firm of Kirby McInerney & Squire LLP, as co-lead counsel in this action . No return date indicated. Affirmation of Mark Strauss in support attached. (sn) (Entered: 09/28/2000)

    10/12/2000 48 Transcript of record of proceedings before Judge Denise L. Cote for the date(s) of 8/21/00. (jp) (Entered: 10/12/2000)

    10/12/2000 49 AMENDED RETURN OF SERVICE executed as to Financial Asset Man. by personal service on 9/15/00. Answer due on 10/5/00 for Financial Asset Man. . (pl) (Entered: 10/13/2000)

    10/17/2000 50 Memo-Endorsement on letter addressed to Judge Cote from Mark B. Holton, dated 10/13/00; counsel for Deloitte Touche Tohmatsu writes to request permission to submit a single brief of no more than 30 pages in support of its motions to dismiss the amended complaint in this action as well as in action No. 00 cv 2498. Application granted . ( signed by Judge Denise L. Cote ); Copies mailed. (jp) (Entered: 10/17/2000)

    10/17/2000 51 Memo-Endorsement on letter addressed to Judge Cote from Michael J. Dell, atty for Deloitte & Touch (Bermuda), dated 10/16/00; granting counsel's request for leave to file a single brief of up to 40 pages in support of DT Bermuda's forthcoming motions to dismiss in Cromer and Argos (signed by Judge Denise L. Cote ); Copies mailed. (lam) (Entered: 10/18/2000)

    10/19/2000 52 Memo-Endorsement on letter addressed to Judge Cote from Gregg L. Weiner, dated 10/18/00; granting counsel to defendants' request for leave to file a single brief of up to 40 pages ; (signed by Judge Denise L. Cote); Copies mailed. (djc) (Entered: 10/23/2000)

    10/20/2000 53 This Document Was Filed Under Seal On 11/13/00. (lam) Modified on 11/13/2000 (Entered: 10/23/2000)

    10/20/2000 54 RULE 1.9 CERTIFICATE filed by Deloitte & Touche Bu. (filed in night deposit on 10/20/00 @6:59pm) (lam) Modified on 10/23/2000 (Entered: 10/23/2000)

    10/20/2000 55 This Document Was Filed Under Seal On 11/13/00. (lam) Modified on 11/13/2000 (Entered: 10/23/2000)

    10/20/2000 56 NOTICE OF MOTION by Ernst & Young Int'l to dismiss the amended complaint with prejudice purs to rules 12(b)(6), 9(b) and 8(a) or, in the alternative, for summary judgment purs to Rule 56(c) . With affidavits in support of Paul J. Ostling and Richard A. Martin attached. Return date not indicated. (lam) (Entered: 10/23/2000)

    10/20/2000 57 MEMORANDUM OF LAW by Ernst & Young Int'l in support of [56-1] motion to dismiss the amended complaint with prejudice purs to rules 12(b)(6), 9(b) and 8(a), [56-2] motion for summary judgment purs to Rule 56(c) . (lam) (Entered: 10/23/2000)

  • 10/20/2000 58 RULE 56.1 STATEMENT filed by Ernst & Young Int'l (lam) (Entered: 10/23/2000)

    10/20/2000 59 RULE 1.9 CERTIFICATE filed by Ernst & Young Int'l . (lam) (Entered: 10/23/2000)

    10/20/2000 60 NOTICE OF MOTION by Deloitte Touche Tohm to dismiss the first amended complaints . Return date not indicated. (lam) (Entered: 10/23/2000)

    10/20/2000 61 MEMORANDUM OF LAW by Deloitte Touche Tohm in support of [60-1] motion to dismiss the first amended complaints . (lam) (Entered: 10/23/2000)

    10/20/2000 62 NOTICE OF MOTION by Bear Stearns Secur, Bear Stearns & Co. for an order purs. to F.R.C.P. 12(b)(6), dismissing the complaints in 00 cv 2284 and 00 cv 2498 as against Bear Stearns . Return date 1/5/01. Affirmation of Adam J. Freedman in support attached. (sn) (Entered: 10/24/2000)

    10/20/2000 63 MEMORANDUM OF LAW by Bear Stearns Secur, Bear Stearns & Co. in support of [62-1] motion for an order purs. to F.R.C.P. 12(b)(6), dismissing the complaints in 00 cv 2284 and 00 cv 2498 as against Bear Stearns. (sn) (Entered: 10/24/2000)

    10/20/2000 64 NOTICE OF MOTION by Deloitte & Touche LL for an order purs. to F.R.C.P. 9(b) and 12(b)(6), granting Deloitte & Touche LLP's motion to dismiss pltffs' amended complaints in 00 cv 2284 and 00 cv 2498 in their entirety for failure to state a cause of action . No return date indicated. (sn) Modified on 10/24/2000 (Entered: 10/24/2000)

    10/20/2000 65 AFFIDAVIT of Timothy P. Harkness by Deloitte & Touche LL in support of [64-1] motion for an order purs. to F.R.C.P. 9(b) and 12(b)(6), granting Deloitte & Touche LLP's motion to dismiss pltffs' amended complaints in 00 cv 2284 and 00 cv 2498 in their entirety for failure to state a cause of action. (sn) (Entered: 10/24/2000)

    10/20/2000 66 MEMORANDUM OF LAW by Deloitte & Touche LL in support of [64-1] motion for an order purs. to F.R.C.P. 9(b) and 12(b)(6), granting Deloitte & Touche LLP's motion to dismiss pltffs' amended complaints in 00 cv 2284 and 00 cv 2498 in their entirety for failure to state a cause of action. (sn) (Entered: 10/24/2000)

    10/24/2000 67 NOTICE OF MOTION by Fund Admin. Svcs., Ernst & Young, Ernst & Young Bermuda to dismiss the amended complaint purs to Rules 9(b), 12(b)(2), and 12(b)(6) of the FRCP , and, alternatively, if the motion to dismiss is denied, for a more definite statement purs to FRCP 12(e) . With declaration in support of Gregg L. Weiner attached. Return date not indicated. (lam) (Entered: 10/25/2000)

    10/24/2000 68 MEMORANDUM OF LAW by Ernst & Young Bermud in support of [67-1] motion to dismiss the amended complaint purs to Rules 9(b), 12(b)(2), and 12(b)(6) of the FRCP, [67-2] motion for a more definite statement purs to FRCP 12(e) . (lam) (Entered: 10/25/2000)

    10/24/2000 69 MEMORANDUM OF LAW by Fund Admin. Svcs., Ernst & Young in support of [67-1] motion to dismiss the amended complaint purs to Rules 9(b), 12(b)(2), and 12(b)(6) of the FRCP, [67-2] motion for a more definite statement purs to FRCP 12(e) . (lam) (Entered: 10/25/2000)

  • 10/24/2000 70 DECLARATION of Jan Spiering, managing partner of Ernst & Young Bermuda, and Director and Pres. of Fund Admin. Svcs., and Ernst & Young in support Re: [67-1] motion to dismiss the amended complaint purs to Rules 9(b), 12(b)(2), and 12(b)(6) of the FRCP, [67-2] motion for a more definite statement purs to FRCP 12(e) . (lam) (Entered: 10/25/2000)

    10/24/2000 71 DECLARATION of Derek Stapley, principal of Ernst & Young Bermuda in support Re: [67-1] motion to dismiss the amended complaint purs to Rules 9(b), 12(b)(2), and 12(b)(6) of the FRCP, [67-2] motion for a more definite statement purs to FRCP 12(e) . (lam) (Entered: 10/25/2000)

    10/24/2000 72 RULE 1.9 CERTIFICATE filed by Ernst & Young Bermuda. (lam) (Entered: 10/25/2000)

    10/24/2000 73 RULE 1.9 CERTIFICATE filed by Ernst & Young . (lam) (Entered: 10/25/2000)

    10/24/2000 74 ORDER; the application to extend DTT's time to oppose is granted nunc pro tunc to 10/26/00 for [47-1] motion purs. to Sec. 21D(a)(3)(B) of the Securities Exchange Act of 1934, as amended by the Private Securities Litigation Reform Act of 1995, for the appointment of pltff Prival N.V., together with pltff Cromer Finance Ltd., as co-lead pltffs of a class of purchasers of securities of the Manhattan Investment Fund Ltd.; reset to 10/26/00 for [47-2] motion for the approval of co-lead pltffs' selection of the law firm Thelen Reid & Priest LLP, together with the law firm of Kirby McInerney & Squire LLP, as co-lead counsel in this action . Should DTT oppose the motion, any reply is due by 10/31/00 for [47-1] motion purs. to Sec. 21D(a)(3)(B) of the Securities Exchange Act of 1934, as amended by the Private Securities Litigation Reform Act of 1995, for the appointment of pltff Prival N.V., together with pltff Cromer Finance Ltd., as co-lead pltffs of a class of purchasers of securities of the Manhattan Investment Fund Ltd.; reset to 10/31/00 for [47-2] motion for the approval of co-lead pltffs' selection of the law firm Thelen Reid & Priest LLP, together with the law firm of Kirby McInerney & Squire LLP, as co-lead counsel in this action . ( signed by Judge Denise L. Cote ); Copies mailed. (sn) (Entered: 10/25/2000)

    10/25/2000 75 RULE 1.9 CERTIFICATE filed by Financial Asset Man. (lf) Modified on 10/26/2000 (Entered: 10/26/2000)

    10/25/2000 76 MEMORANDUM OF LAW by Financial Asset Man. in support of motion to dismiss. (lf) (Entered: 10/26/2000)

    10/25/2000 79 NOTICE OF MOTION by Financial Asset Man.; for an order pursuant to Rule 12(b)(6) and (1) and 9(b) of the F.R.C.P. and 28 U.S.C. section 1367(c)(4), dismissing this action as against FAM ; w/ attch aff. in support by James B. Rader; Return date: not indicated. (pl) (Entered: 10/30/2000)

    10/26/2000 77 MEMORANDUM OF LAW by Deloitte Touche Tohm in opposition to amended [47-1] motion purs. to Sec. 21D(a)(3)(B) of the Securities Exchange Act of 1934, as amended by the Private Securities Litigation Reform Act of 1995, for the appointment of pltff Prival N.V., together with pltff Cromer Finance Ltd., as co-lead pltffs of a class of purchasers of securities of Manhattan Investment Fund Ltd., [47-2] motion for the approval of co-lead pltffs' selection of the law firm Reid & Priest LLP, together with the law firm of Kirby McInerney & Squire LLP, as co-lead counsel in this action. (lam) (Entered: 10/30/2000)

  • 10/26/2000 78 DECLARATION of Mark B. Holton, atty for Deloitte Touche Tohm in opposition Re: [47-1] motion purs. to Sec. 21D(a)(3)(B) of the Securities Exchange Act of 1934, as amended by the Private Securities Litigation Reform Act of 1995, for the appointment of pltff Prival N.V., together with pltff Cromer Finance Ltd., as co-lead pltffs of a class of purchasers of securities of the Manhattan Investment Fund Ltd., [47-2] motion for the approval of co-lead pltffs' selection of the law firm Thelen Reid & Priest LLP, together with the law firm of Kirby McInerney & Squire LLP, as co-lead counsel in this action . (lam) (Entered: 10/30/2000)

    11/01/2000 80 DECLARATION of Steven S. Honigman by Cromer Finance, Ltd. in support Re: [47-1] motion purs. to Sec. 21D(a)(3)(B) of the Securities Exchange Act of 1934, as amended by the Private Securities Litigation Reform Act of 1995, for the appointment of pltff Prival N.V., together with pltff Cromer Finance Ltd., as co-lead pltffs of a class of purchasers of securities of the Manhattan Investment Fund Ltd., [47-2] motion for the approval of co-lead pltffs' selection of the law firm Thelen Reid & Priest LLP, together with the law firm of Kirby McInerney & Squire LLP, as co-lead counsel in this action . (djc) (Entered: 11/02/2000)

    11/01/2000 81 REPLY MEMORANDUM of LAW by Cromer Finance, Ltd. in Support [47-1] motion purs. to Sec. 21D(a)(3)(B) of the Securities Exchange Act of 1934, as amended by the Private Securities Litigation Act of 1995, for the appointment of pltff Prival N.V., together with pltff Cromer Finance Ltd., as co-lead pltffs of a class of purchasers of securities of the Manhattan Investment Fund Ltd., [47-2] motion for the approval of co-lead pltffs' selection of the law firm Thelen Reid & Priest LLP, together with the law firm of Kirby McInerney & Squire LLP, as co-lead counsel in this action (djc) (Entered: 11/02/2000)

    11/02/2000 82 Memo-Endorsement on letter addressed to Judge Cote from Steven S. Honigman, atty for pltffs, dated 10/31/00; pltffs' reply to response to motion reset to 11/1/00 for their amended [47-1] motion purs. to Sec. 21D(a)(3)(B) of the Securities Exchange Act 1934, as amended by the Private Securities Litigation Act of 1995, for the appointment of pltff Prival N.V., together with pltff Cromer Finance Ltd., as co-lead pltffs of a class of purchasers of securities of the Manhattan Investment Fund Ltd.; reset to 11/1/00 for [47-2] motion for the approval of co-lead pltffs' selection of the law firm Thelen Reid & Priest LLP, together with the law firm of Kirby McInerney & Squire LLP, as co-lead counsel in this action ( signed by Judge Denise L. Cote ) Copies mailed. (lam) (Entered: 11/03/2000)

    11/02/2000 83 AMENDED CERTIFICATE OF SERVICE of Reply memorandum of law in support of amended motion for lead pltffs and for designation of lead counsel, filed by Cromer Finance, Ltd. . (sn) (Entered: 11/06/2000)

    11/02/2000 84 CERTIFICATE OF SERVICE of declaration of Steven S. Honigman, filed by Cromer Finance, Ltd. (sn) (Entered: 11/06/2000)

    11/06/2000 85 ORDER; granting [47-1] motion purs. to Sec. 21D(a)(3)(B) of the Securities Exchange Act of 1934, as amended by the Private Securities Litigation Reform Act of 1995, for the appointment of pltff Prival N.V., together with pltff Cromer Finance Ltd., as co-lead pltffs of a class of purchasers of securities of the Manhattan Investment Fund Ltd., granting [47-2] motion for the approval of co-lead pltffs' selection of the law firm Thelen Reid & Priest LLP, together with the law firm of Kirby McInerney & Squire LLP, as co-lead counsel in this action . (

  • signed by Judge Denise L. Cote ); Copies mailed. (jp) (Entered: 11/06/2000)

    11/06/2000 Memo endorsed on motion doc. #47; granting plaintiff's amendment to motion for appointment as lead plaintiffs and for designation of lead counsel . ( signed by Judge Denise L. Cote ); Copies mailed. (kw) (Entered: 11/08/2000)

    11/14/2000 86 Affidavit of service as to Kempe & Whittle Ass. by Denis Quigley on 10/17/00. (sac) (Entered: 11/15/2000)

    11/14/2000 87 Affidavit of service as to Ernst & Young Bermud by Denis Quigley on 10/17/00. (sac) (Entered: 11/15/2000)

    11/28/2000 88 Memo-Endorsement on letter addressed to Judge Cote from Veronica E. Rendon, dated 11/21/00, denying plntf's request to extend time for submission of plntfs' opposition to motions to dismiss to 12/22/00 and defts' replies to 2/2/01 ( signed by Judge Denise L. Cote ); Copies mailed. (cd) (Entered: 11/29/2000)

    12/04/2000 89 SEALED DOCUMENT placed in vault. (afo) (Entered: 12/04/2000)

    12/04/2000 90 SEALED DOCUMENT placed in vault. (afo) (Entered: 12/04/2000)

    12/04/2000 91 SEALED DOCUMENT placed in vault. (afo) (Entered: 12/04/2000)

    12/04/2000 92 Affidavit of service re Plntf's Memo of Law in Opposition to Defts' Motion to Dismiss et al by mail on 12/4/00 . (cd) (Entered: 12/06/2000)

    12/07/2000 93 MEMORANDUM OF LAW by Financial Asset Man. in support of [79-1] motion for an order pursuant to Rule 12(b)(6) and (1) and 9(b) of the F.R.C.P. and 28 U.S.C. section 1367(c)(4), dismissing this action as against FAM . (cd) (Entered: 12/08/2000)

    12/11/2000 94 ORDER; the Stipulation and Order of 8/22/00 is modified in the 3rd line of par. 12 to read as follows: "...Discovery Materials or information derived therefrom, any pages containing or making..." . ( signed by Judge Denise L. Cote ); Copies mailed. (sn) (Entered: 12/12/2000)

    12/13/2000 95 Affidavit of service of affidavits in opposition to defts' motion to dismiss; declaration of Quentin Byrne-Sutton; corrected exhibits of deposition of Ian Spiering; pltffs' memorandum of law in opposition to defts' motion to dismiss; and pltffs' memorandum of law in opposition to defts' motion to dismiss (redlined), on 12/13/00. (sn) (Entered: 12/14/2000)

    12/13/2000 96 SEALED DOCUMENT placed in vault. (da) (Entered: 12/14/2000)

    12/13/2000 97 SEALED DOCUMENT placed in vault. (da) (Entered: 12/14/2000)

    12/13/2000 98 SEALED DOCUMENT placed in vault. (da) (Entered: 12/14/2000)

    12/13/2000 99 SEALED DOCUMENT placed in vault. (da) (Entered: 12/14/2000)

    01/08/2001 100 Memo-Endorsement on letter addressed to Judge Cote from Mark B. Holton, dated 1/5/01; granting counsel for deft's request for leave to submit one thirty page brief in reply to the separate briefs of the Argos and Cromer pltffs in opposition to DDT's motion to dismiss ; ( signed by Judge Denise L. Cote ); Copies mailed. (lf) Modified on 01/09/2001 (Entered: 01/08/2001)

  • 01/12/2001 101 REPLY MEMORANDUM by Deloitte & Touche in support of [60-1] motion to dismiss the first amended complaints. (sac) (Entered: 01/16/2001)

    01/15/2001 102 REPLY MEMORANDUM by Bear Stearns Secur, Bear Stearns & Co. re: [62-1] motion for an order purs. to F.R.C.P. 12(b)(6), dismissing the complaints in 00 cv 2284 and 00 cv 2498 as against Bear Stearns (cd) (Entered: 01/16/2001)

    01/15/2001 103 REPLY MEMORANDUM by Bear Stearns Secur, Bear Stearns & Co. re: [60-1] motion to dismiss the first amended complaints (cd) (Entered: 01/16/2001)

    01/16/2001 104 Memo-Endorsement on letter addressed to Judge Cote from Michael J. Dell, dated 1/9/01; granting counsel for deft Deloitte & Touche (Bermuda)'s request for leave to file a single reply brief of up to 70 pages in support of DT Bermuda's motions to dismiss in this action and action number 00 cv 2498 . ( signed by Judge Denise L. Cote ); Copies mailed. (jp) (Entered: 01/16/2001)

    01/16/2001 105 Memo-Endorsement on letter addressed to Judge Cote from Manuel A. Mercader, dated 1/12/01; granting counsel for Ernst & Young's request for permission to submit a single reply brief of up to 30 pages in support of their motion to dismiss the amended complaint in this action . ( signed by Judge Denise L. Cote ); Copies mailed. (jp) (Entered: 01/16/2001)

    01/16/2001 106 REPLY MEMORANDUM by Deloitte & Touche Bu in support of re: Deloitte & Touche Bermuda's motion to dismiss the amended complaints. (pl) (Entered: 01/17/2001)

    01/16/2001 107 DECLARATION of Narinder K. Hargun by Deloitte & Touche Bu Re: in response to the Declaration of Ian R.C. Kawaley dated 12/1/00. (pl) (Entered: 01/17/2001)

    01/16/2001 108 DECLARATION of Gregory A. Horowitz by Deloitte & Touche Bu in further support of Re: motion to dismiss the Amended Complaints. (pl) (Entered: 01/17/2001)

    01/16/2001 109 AFFIDAVIT of Richard A. Martin by Deloitte & Touche Bu Re: motion to dismiss the Amended Complaints. (pl) (Entered: 01/17/2001)

    01/16/2001 110 REPLY MEMORANDUM by Ernst & Young Int'l in further support of re: [56-1] motion to dismiss the amended complaint with prejudice purs to rules 12(b)(6), 9(b) and 8(a), [56-2] motion for summary judgment purs to Rule 56(c) (pl) (Entered: 01/17/2001)

    01/16/2001 116 REPLY MEMORANDUM by Ernst & Young Bermud in support of re: motion to dismiss the First Amended Complaint. (pl) (Entered: 01/17/2001)

    01/16/2001 117 Memo-Endorsement on letter addressed to Judge Cote from Gregg L. Weiner, dated 1/11//01; granting GreggL. Weiner's requestto file a single reply brief of up to 40 pages on behalf of both FAS Bermuda and K&W in support of their motions to dismiss the Cromer Amended Complt., a separate reply brief of 15 pages or less on behalf of EY Bermuda in support of its motion to dismiss the Cromer Amended Complt., and a reply brief of 15 pages or less on behalf of FAS Bermuda in support of its motion to dismiss the Amended Complt. in the Argos action ; ( signed by Judge Denise L. Cote ); Copies mailed. (lf) (Entered: 01/17/2001)

    01/16/2001 118 Memo-Endorsement on letter addressed to Judge Cote from Daniel J. Kramer,

  • dated 01/09/01; granting counsel to deft., Bear Stearns Sec. Corp and Bear Stearns & Co., permission to file a single memorandum in support of Bear Stearns' motion to dismiss actions addressed to both sets of plaintiffs not to exceed 40 pages ; ( signed by Judge Denise L. Cote ); Copies mailed. (djc) (Entered: 01/17/2001)

    01/16/2001 111 REPLY DECLARATION of Jan Spiering by Fund Admin. Svcs., Ernst & Young, Ernst & Young Bermuda in support of Re: [67-1] motion to dismiss the amended complaint purs to Rules 9(b), 12(b)(2), and 12(b)(6) of the FRCP; and [67-2] motion for a more definite statement purs to FRCP 12(e). (ae) Modified on 02/13/2001 (Entered: 02/13/2001)

    01/16/2001 112 AFFIDAVIT of Paul J. Ostling by Fund Admin. Svcs., Ernst & Young, Ernst & Young Bermuda in support of [67-1] motion to dismiss the amended complaint purs to Rules 9(b), 12(b)(2), and 12(b)(6) of the FRCP; and [67-2] motion for a more definite statement purs to FRCP 12(e). (ae) (Entered: 02/13/2001)

    01/16/2001 113 REPLY MEMORANDUM OF LAW by Fund Admin. Svcs., Ernst & Young, Ernst & Young Bermuda in support of re: [67-1] motion to dismiss the amended complaint purs to Rules 9(b), 12(b)(2), and 12(b)(6) of the FRCP; and [67-2] motion for a more definite statement purs to FRCP 12(e). (ae) (Entered: 02/13/2001)

    01/16/2001 114 REPLY DECLARATION of Gregg L. Weiner by Fund Admin. Svcs., Ernst Young, Ernst & Young Bermuda in support of Re: [67-1] motion to dismiss the amended complaint purs to Rules 9(b), 12(b)(2), and 12(b)(6) of the FRCP; and [67-2] motion for a more definite statement purs to FRCP 12(e). (ae) (Entered: 02/13/2001)

    01/16/2001 115 DECLARATION of John E. Riihiluoma by Fund Admin. Svcs., Ernst & Young, Ernst & Young Bermuda in support of Re: [67-1] motion to dismiss the amended complaint purs to Rules 9(b), 12(b)(2), and 12(b)(6) of the FRCP; and [67-2] motion for a definite statement purs to FRCP 12(e); also accompanied by Appendix of Bermuda Law Authorities. (ae) (Entered: 02/13/2001)

    01/19/2001 Memo endorsed on motion; dismissing as moot [23-1] motion dismissing the action purs to FRCP 12(b)(6) with prejudice. Dismissed as moot in light of superceding motion of 10/20/00; ( signed Judge Denise L. Cote ); Copies mailed. (lf) (Entered: 01/22/2001)

    01/19/2001 Memo endorsed on motion; dismissing as moot in light of superceding motion of 10/24/00 [26-1] motion for an Order dismissing the complaint purs. to Rules 9(b), 12(b)(1), 12(b)(2) and 12(b)(6) of the FRCP and the Private Securities Litigation Reform Act of 1995 . ( signed by Judge Denise L. Cote ); Copies mailed. (djc) (Entered: 01/22/2001)

    01/19/2001 Memo endorsed on motion; dismissing, (as moot in light of superceding motion to 10/20/00), Bear Stearns' [20-1] motion for an order pursuant to FRCP 9(b) and 12(b)(6), dismissing the complaint as agaisnt Bear Stearns. ( signed by Judge Denise L. Cote ); Copies mailed. (sac) (Entered: 01/22/2001)

    01/22/2001 119 ORDER, that the documents or pages of certain documents as set forth in this order will be filed under seal; that the pages of certain documents as set forth in this order be publicly filed with the requested word or phrase redacted (these pages will be

  • filed under seal in unredacted form); this court reserves the right to unseal any of these documents, after further review of the parties' submissions on the motions to dismiss; that certain pages, which the parties requested be sealed in their entirety, will be filed publicly as set forth in this order; certain documents as set forth in this order will be filed publicly; the parties shall provide to the Court by 1/24/01, those documents or portions of documents which the court has designated to be filed under seal, taking special note of the variations between their submissions and the Court's order ; the parties shall file publicly by 1/24/01, all documents or portions of documents presented in connection with the pending motions to dismiss which have not been ordered sealed through this Order ( signed by Judge Denise L. Cote ); Copies mailed. (lam) Modified on 01/24/2001 (Entered: 01/23/2001)

    01/23/2001 120 ORDER, that the proposed redactions for Swanson Affidavit Exhibits R and S will be preliminarily accepted for filing under seal; the parties shall provide to the Court no later than 1/24/01, a copy of these documents for filing under seal; the parties shall provide to the Court no later than 1/24/01, a copy of these documents for filing under seal; the Court reserves the right to unseal these documents, in part or in whole, after further review of the parties' submissions on the motions to dismiss ( signed by Judge Denise L. Cote ); Copies mailed; (also docketed in 00 cv 2498) (cd) Modified on 01/25/2001 (Entered: 01/24/2001)

    01/24/2001 121 CERTIFICATE OF SERVICE filed by Jeffrey T. Lum. (jp) (Entered: 01/25/2001)

    01/25/2001 122 NOTICE of change of address of counsel for Bear Stearns & Co., Bear Stearns & Co. (lam) (Entered: 01/29/2001)

    01/26/2001 123 SEALED DOCUMENT placed in vault. (af) (Entered: 01/30/2001)

    02/07/2001 124 SEALED DOCUMENT placed in vault. (af) (Entered: 02/08/2001)

    02/07/2001 125 SEALED DOCUMENT placed in vault. (af) (Entered: 02/08/2001)

    02/07/2001 126 SEALED DOCUMENT placed in vault. (af) (Entered: 02/08/2001)

    02/07/2001 127 SEALED DOCUMENT placed in vault. (af) (Entered: 02/08/2001)

    02/07/2001 128 SEALED DOCUMENT placed in vault. (af) (Entered: 02/08/2001)

    02/07/2001 129 Memo-Endorsement on letter addressed to Judge Cote from Steven S. Honigman, dated 2/6/01. Re: counsel for pltffs sumits the following sur-reply to assist the Court in analyzing the parties' contensions, and specifically the defts' reply papers w/ respect to defts motions to dismiss; This sur-reply is stricken except for the 2d to 4th paragraphs on page 7 ; ( signed by Judge Denise L. Cote ); Copies mailed. (lf) Modified on 02/08/2001 (Entered: 02/08/2001)

    02/22/2001 130 NOTICE OF MOTION by Deloitte & Touche Bermuda; for an order, dismissing the claims asserted against DT Bermuda in the Amended Complaints in their entirety, purs. to Rule 12(b)(2) of the FRCP for lack of personal jurisdiction ; for an order, dismissing the Securities Exchange Act claims asserted against DT Bermuda, purs. to FRCP 12(b)(1) for lack of subject matter jurisdiction ; for an order, dismissing pendant "aiding and abetting common law fraud" and "gross negligence" claims asserted against DT Bermuda, purs. to FRCP 12(b)(6) for failure to state a claim upon which relief can be granted ; Return date not indicated. Affidvit of William A. Jack w/Exhibit, Declaration of Narinder K. Hargun in

  • support attached. (sac) Modified on 02/27/2001 (Entered: 02/27/2001)

    02/26/2001 131 ORDER; by Orders of 1/19/01 and 1/23/01, this Court designated certain documents in this case as well as in 00 cv 2498 to be accepted for filing under seal. On 2/7/01 those documents were filed under seal. Counsel for pltffs represented to the Court that the filings of 2/7/01 rendered duplicative previous filings in this case. The Clerk of Court shall discard the following documents in this action as duplicative: Docket #53, #55, #89-91, and #96-98 . ( signed by Judge Denise L. Cote ); Copies mailed. (sn) (Entered: 02/27/2001)

    03/06/2001 132 MEMORANDUM OF LAW by Deloitte & Touche Bu in support of [130-1] motion for an order, dismissing the claims asserted against DT Bermuda in the Amended Complaints in their entirety, purs. to Rule 12(b)(2) of the FRCP for lack of personal jurisdiction, [130-2] motion for an order, dismissing the Securities Exchange Act claims asserted against DT Bermuda, purs. to FRCP 12(b)(1) for lack of subject matter jurisdiction, and [130-3] motion for an order, dismissing pendant "aiding and abetting common law fraud" and "gross negligence" claims asserted against DT Bermuda, purs. to FRCP 12(b)(6) for failure to state a claim upon which relief can be granted. (kw) (Entered: 03/07/2001)

    03/06/2001 133 ORDER; that the Cromer plaintiffs shall provide to this Court no later than 3/7/01 @5:00 p.m., the additional documents discussed in their letters of 3/1/01 & 3/2/01, accompanied by a letter no longer than five pages describing its relevance; that any defendant that has made a motion to dismiss pursuant to Rule 12(b)(2), F.R.C.P., may submit a letter no longer than five pages in opposition by 3/9/01 @5:00 p.m. Any reply, also limited to five pages, shall be due by 3/12/01, @5:00 p.m. . ( signed by Judge Denise L. Cote ); Copies mailed. (pl) Modified on 03/15/2001 (Entered: 03/13/2001)

    03/28/2001 134 Memo-Endorsement on letter addressed to Judge Cote from Richard P. Swanson, dated 3/26/01; Re: plaintiffs requests that the Court adjourn the date for oral argument from 4/12/01 @2:00 p.m. on the motions to dismiss the complaint; I regret that I must deny the request. Ordinarily this Court accomodates any such requests from counsel, but the court's own scheduling need prevent it from doing so here. Moreover, as the Copurt's Individual Practices require principal trial counsel to attend all conferences, and as the plaintiffs have been will represented at our conferences by counsel other than Mr. Swanson, the Court is confident that they will be will represented on April 12 by those other attorenys . ( signed by Judge Denise L. Cote ); Copies mailed. (pl) (Entered: 03/29/2001)

    04/13/2001 136 DECLARATION of Quentin Byrne-Sutton by Cromer Finance, Ltd., Prival N.V. Re: To address 2 questions of Swiss law relating to the legal status of entities organized as a "Verein" under Secs. 60 ff. of the Swiss Civil Code. (sn) (Entered: 04/19/2001)

    04/13/2001 137 DECLARATION of Ian R.C. Kawaley by Cromer Finance, Ltd., Prival N.V., in response to the declaration of Narinder K. Hargun herein dated 10/19/00. (sn) (Entered: 04/19/2001)

    04/13/2001 138 AFFIDAVIT of Richard P. Swanson by Cromer Finance, Ltd., Prival N.V. in opposition to [130-1] motion for an order, dismissing the claims asserted against DT Bermuda in the Amended Complaints in their entirety, purs. to Rule 12(b)(2) of

  • the FRCP for lack of personal jurisdiction; [130-2] motion for an order, dismissing the Securities Exchange Act claims asserted against DT Bermuda, purs. to FRCP 12(b)(1) for lack of subject matter jurisdiction; [130-3] motion for an order, dismissing pendant "aiding and abetting common law fraud" and "gross negligence" claims asserted against DT Bermuda, purs. to FRCP 12(b)(6) for failure to state a claim upon which relief can be granted. (sn) (Entered: 04/19/2001)

    04/13/2001 139 MEMORANDUM OF LAW by Cromer Finance, Ltd., Prival N.V. in opposition to [130-1] motion for an order, dismissing the claims asserted against DT Bermuda in the Amended Complaints in their entirety, purs. to Rule 12(b)(2) of the FRCP for lack of personal jurisdiction; [130-2] motion for an order, dismissing the Securities Exchange Act claims asserted against DT Bermuda, purs. to FRCP 12(b)(1) for lack of subject matter jurisdiction; [130-3] motion for an order, dismissing pendant "aiding and abetting common law fraud" and "gross negligence" claims asserted against DT Bermuda, purs. to FRCP 12(b)(6) for failure to state a claim upon which relief can be granted. (sn) (Entered: 04/19/2001)

    04/17/2001 135 OPINION AND ORDER #85473, granting [62-1] motion for an order purs. to F.R.C.P. 12(b)(6), dismissing the complaints in 00 cv 2284 and 00 cv 2498 as against Bear Stearns; granting [56-1] motion to dismiss the amended complaint with prejudice purs to rules 12(b)(6), 9(b) and 8(a); granting [56-2] motion for summary judgment purs to Rule 56(c); granting [64-1] motion for an order purs. to F.R.C.P. 9(b) and 12(b)(6); granting Deloitte & Touche LLP's motion to dismiss pltffs' amended complaints in 00 cv 2284 and 00 cv 2498 in their entirety for failure to state a cause of action; granting [60-1] motion to dismiss the first amended complaints; the negligence and gross negligence claims are dismissed against Financial Asset Management, Inc. The federal claims and the claims of negligence, gross negligence, and professional malpractice are dismissed against Kempe & Whittle Associates Ltd ; denying [130-1] motion for an order, dismissing the claims asserted against DT Bermuda in the Amended Complaints in their entirety, purs. to Rule 12(b)(2) of the FRCP for lack of personal jurisdiction; denying [130-2] motion for an order, dismissing the Securities Exchange Act claims asserted against DT Bermuda, purs. to FRCP 12(b)(1) for lack of subject matter jurisdiction; denying [130-3] motion for an order, dismissing pendant "aiding and abetting common law fraud" and "gross negligence" claims asserted against DT Bermuda, purs. to FRCP 12(b)(6) for failure to state a claim upon which relief can be granted; denying [79-1] motion for an order pursuant to Rule 12(b)(6) and (1) and 9(b) of the F.R.C.P. and 28 U.S.C. section 1367(c)(4), dismissing this action as against FAM; denying [67-1] motion to dismiss the amended complaint purs to Rules 9(b), 12(b)(2), and of the FRCP; denying [67-2] motion for a more definite statement purs to FRCP 12(e); denying [53-1] motion (placed under seal); [53-2] motion (placed under seal); denying [53-3] motion (placed under seal); the parties shall have ten days in which to notify the Court why the analysis in this Opinion does not resolve the motions to dismiss the claims in the Argos Complaint (Case No. 00 civ. 2498) as well . ( signed by Judge Denise L. Cote ); Copies mailed. (ae) (Entered: 04/18/2001)

    04/17/2001 140 NOTICE OF MOTION by Michael Berger; for Paul R. Grand to withdraw as attorney ; Return date not indicated. (djc) (Entered: 04/19/2001)

    04/17/2001 141 AFFIRMATION of Paul R. Grand by Michael Berger in Support of [140-1] motion

  • for Paul R. Grand to withdraw as attorney; (djc) (Entered: 04/19/2001)

    04/20/2001 142 SEALED DOCUMENT placed in vault. (rp) (Entered: 04/20/2001)

    04/23/2001 Memo endorsed on motion; granting [140-1] motion for Paul R. Grand to withdraw as attorney ( signed by Judge Denise L. Cote ); Copies mailed. (kg) (Entered: 04/23/2001)

    04/23/2001 143 ORDER; that Paul R. Grand and his law firm Morvillo, Abramowitz, Grand, Iason & Silberberg are relieved as counsel in this action. ( signed by Judge Denise L. Cote ); Copies mailed. (sac) (Entered: 04/24/2001)

    04/27/2001 144 Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Debra C. Freeman. ( signed by Judge Denise L. Cote ) (kg) (Entered: 04/30/2001)

    04/27/2001 146 NOTICE OF REDESIGNATION OF A CIVIL CASE TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Debra Freeman. Please note that this is a reassignment of the designation only. Copy of notice mailed to Attorney(s) of record: Timothy P. Harkness, Richard P. Swanson, Mark Allen Strauss, Adam J. Freedman, Harry S. Davis, Daniel J. Kramer, Sara Mogulescu, Joanne M. Cicala, Richard L. Stone, Jeffrey H. Squire. (jco) (Entered: 05/01/2001)

    04/30/2001 145 PRETRIAL SCHEDULING ORDER: the parties are instructed to contact the chambers of Mag. Judge Freeman no later than 6/15/01, in order to pursue settlement discussions under her supervision; the defendants shall submit a letter to this Court no later than 5/2/01, indicating who will serve as liaison counsel on behalf of the defendants; the parties shall submit to this Court as well as to the Chambers of Judge Helen Freeman a letter by 5/2/01, with proposals from all the parties for the coordination of discovery in these actions and the Scotia action; the plaintiffs shall file their amended complaints no later than 5/11/01. Defendants' answers or motions to dismiss shall be due no later than 6/1/01; any motion to dismiss based on forum non conveniens shall be made no later than 5/11/01. Opposition shall be due by 5/25/01. Any reply is due by 6/1/01; the parties shall submit to this Court no later than 6/18/01, a schedule of the depositions to be taken in these action; any motion practice regarding class certification in the Cromer matter should be fully submitted to this Court no later than 7/20/01. The parties should submit a letter to the Court no later than 5/25/01, indicating the date upon which any such motion shall be fully submitted; plaintiffs' indentification of experts and disclosures of expert testimony conforming to the requirements of Rule 26(a)(2)(B), FRCP, must occur by 10/19/01. Defendants' identification of experts anbd disclosure of expert testimony must occur by 11/2/01. All expert and fact discovery must be completed no later than 11/16/01; any summary judgment motion shall be filed no later than 12/21/01. Opposition shall be due 1/18/02. Any reply shall be due no later than 1/25/02. ( signed by Judge Denise L. Cote ); Copies mailed. (ae) (Entered: 05/01/2001)

    04/30/2001 Deadline(s) updated: reset answer or motions to dismiss due for 6/1/01 for Financial Asset Man., for Bear Stearns & Co., for Deloitte & Touche LL, for Deloitte Touche Tohm, for Deloitte & Touche Bu, for Kempe & Whittle Ass., for Ernst & Young Bermud, for Ernst & Young Int'l, for Financial Administra, for

  • Bear Stearns & Co., for John Does 1 through 10, for Fund Admin. Svcs., for Michael Berger . (ae) (Entered: 05/01/2001)

    04/30/2001 147 ORDER; that opposition to a motion for reconsideration of the Court's 4/17/01 Opinion shall be filed no later than 5/8/01. Any reply is due no later than 5/11/01; deft Deloitte Touche Bermuda's letter of 4/27/01, shall be treated as a motion for reconsideration and subject to the sxchedule set forth on this Order; any letter in opposition to the 4/27/01 letter of pltff Argos, no longer than 5 pages, must be received by this Court no later than 5/3/01 at 5:00 p.m. Any reply letter, also no longer than 5 pages, must be received no later than 5/7/01 at noon . ( signed by Judge Denise L. Cote ); Copies mailed. (jp) Modified on 05/02/2001 (Entered: 05/02/2001)

    05/01/2001 148 Letter filed by Deloitte & Touche addressed to Judge Cote from Michael J. Dell, dated 4/27/01; Re: counsel for DT Bermuda respectfully notifies the Court why DT Bermuda believes that (a) the analysis in that decision should not resolve DT Bermuda's motion to dismiss the Argos amended complaint, and (b) that should be granted. (sac) (Entered: 05/02/2001)

    05/02/2001 149 NOTICE OF MOTION by Fund Admin. Svcs., Ernst & Young, Ernst & Young Bermud; for an order purs to Local Civil Rule 6.3 of the SDNY granting reargument of the Court's Opinion and Order dated april 17, 2001 and entered on April 18, 2001, denying the Bermuda Defendants' motions to dismiss for lack of subjet matter and personal jurisdiction ; Return date not indicated. (djc) (Entered: 05/03/2001)

    05/02/2001 150 MEMORANDUM OF LAW by Fund Admin. Svcs., Ernst & Young, Ernst & Young Bermud in support of [149-1] motion for an order purs to Local Civil Rule 6.3 of the SDNY granting reargument of the Court's Opinion and Order dated april 17, 2001 and entered on April 18, 2001, denying the Bermuda Defendants' motions to dismiss for lack of subjet matter and personal jurisdiction. (docmt received in night dep on 05/02/01 at 5:26 p.m.) (djc) (Entered: 05/03/2001)

    05/02/2001 151 NOTICE OF MOTION by Deloitte & Touche Bu for reconsideration of the Court's April 17, 2001 Opinion and Order in the Cromer action denying DT Bermuda's motion to dismiss for lack of subject mater and personal jurisdiction and, upon reconsideration, granting that motion ; Return date not indicated. (djc) (Entered: 05/03/2001)

    05/03/2001 154 MEMORANDUM OF LAW by Cromer Finance, Ltd., Prival N.V. in opposition to [151-1] motion for reconsideration of the Court's April 17, 2001 Opinion and Order in the Cromer action denying DT Bermuda's motion to dismiss for lack of subject mater and personal jurisdiction and, upon reconsideration, granting that motion . (pl) (Entered: 05/10/2001)

    05/04/2001 152 Letter filed by Deloitte & Touche addressed to Judge Cote from Mark B. Holton, dated 05/03/01; re: respone to Scott Berman's letter to the Court of April 27, 2001; (djc) (Entered: 05/08/2001)

    05/07/2001 153 Memo-Endorsement on letter addressed to Judge Cote from Veronica E. Rendon, dated 05/03/01; Re: counsel to Cromer Plaintiffs requests permission to file a response to the Ernst & Young Bermuda's motion for reconsideration on Monday, 05/14/01; counsel may submit a proposal for readjustment of the schedule for the

  • Rule 54(b) motion. Opposition to the 2 motions for reconsideration remains due 05/08 at 5:00 p.m.; Replies remain due 05/11 at 5:00 p.m. ; ( signed by Judge Denise L. Cote ); Copies mailed. (djc) (Entered: 05/09/2001)

    05/11/2001 156 NOTICE OF MOTION by Deloitte & Touche Bermuda, for an order dismissing the actions 00 civ. 2284 and 00 civ. 2498 on the grounds of forum non conveniens ; or in the alternative, for an order severing and dismissing the claims against DTB . Affidavit of William A. Jack is attached. Declaration of Saul Froomkin, Esq. is attached. No return date. (kw) (Entered: 05/15/2001)

    05/11/2001 157 MEMORANDUM OF LAW by Deloitte & Touche Bu in support of [156-1] motion for an order dismissing the actions 00 civ. 2284 and 00 civ. 2498 on the grounds of forum non conveniens, and [156-2] motion for an order severing and dismissing the claims against DTB. (kw) (Entered: 05/15/2001)

    05/11/2001 162 REPLY MEMORANDUM by Fund Admin. Svcs., Kempe & Whittle Ass., Ernst & Young Bermud in support of [149-1] motion for an order purs to Local Civil Rule 6.3 of the SDNY granting reargument of the Court's Opinion and Order dated april 17, 2001 and entered on April 18, 2001, denying the Bermuda Defendants' motions to dismiss for lack of subjet matter and personal jurisdiction. (rec'd in the night deposit box on 5/11/01 at 5:46 p.m.) (sac) Modified on 05/16/2001 (Entered: 05/16/2001)

    05/14/2001 155 Memo-Endorsement on letter addressed to Judge Cote from Steven S. Honigman, dated 5/10/01; granting Bear Stearns an extension of time to respond until 6/1/01 for [151-1] motion for reconsideration of the Court's April 17, 2001 Opinion and Order in the Cromer action denying DT Bermuda's motion to dismiss for lack of subject mater and personal jurisdiction and, upon reconsideration, granting that motion, reset to 6/1/01 for [149-1] motion for an order purs to Local Civil Rule 6.3 of the SDNY granting reargument of the Court's Opinion and Order dated april 17, 2001 and entered on April 18, 2001, denying the Bermuda Defendants' motions to dismiss for lack of subjet matter and personal jurisdiction ; reply is extended until 6/8/01 for [151-1] motion for reconsideration of the Court's April 17, 2001 Opinion and Order in the Cromer action denying DT Bermuda's motion to dismiss for lack of subject mater and personal jurisdiction and, upon reconsideration, granting that motion, reset to 6/8/01 for [149-1] motion for an order purs to Local Civil Rule 6.3 of the SDNY granting reargument of the Court's Opinion and Order dated april 17, 2001 and entered on April 18, 2001, denying the Bermuda Defendants' motions to dismiss for lack of subjet matter and personal jurisdiction. ( signed by Judge Denise L. Cote ); Copies mailed. (sac) (Entered: 05/14/2001)

    05/14/2001 159 NOTICE OF MOTION by Fund Admin. Svcs., Kempe & Whittle Ass., Ernst & Young Bermud for an order dismissing the complaints in 00 cv 2284 and 00 cv 2498 purs. to the doctrine of forum non conveniens . No return date indicated. Declaration of Gregg L. Weiner in support attached. (sn) (Entered: 05/16/2001)

    05/14/2001 160 MEMORANDUM OF LAW by Fund Admin. Svcs., Kempe & Whittle Ass., Ernst & Young Bermud in support of [159-1] motion for an order dismissing the complaints in 00 cv 2284 and 00 cv 2498 purs. to the doctrine of forum non conveniens. (sn) (Entered: 05/16/2001)

    05/14/2001 161 REPLY MEMORANDUM by Deloitte & Touche in further support of [151-1]

  • motion for reconsideration of the Court's April 17, 2001 Opinion and Order in the Cromer action denying DT Bermuda's motion to dismiss for lack of subject mater and personal jurisdiction and, upon reconsideration, granting that motion. (sn) (Entered: 05/16/2001)

    05/14/2001 164 AFFIDAVIT of John Riililuoma by Fund Admin. Svcs., Ernst & Young, Ernst & Young Bermud in support of [159-1] motion for an order dismissing the complaints in 00 cv 2284 and 00 cv 2498 purs. to the doctrine of forum non conveniens . (cd) (Entered: 05/17/2001)

    05/14/2001 165 DECLARATION of Derek Stapley by Fund Admin. Svcs., Ernst & Young, Ernst & Young Bermud in support Re: [159-1] motion for an order dismissing the complaints in 00 cv 2284 and 00 cv 2498 purs. to the doctrine of forum non conveniens . (cd) (Entered: 05/17/2001)

    05/15/2001 158 OPINION and ORDER #85598; that for the reasons set forth in this Order, defendants [149-1] and [151-1] motions for reconsideration are denied. ( signed by Judge Denise L. Cote ); Copies mailed. (kkc) Modified on 05/16/2001 (Entered: 05/15/2001)

    05/15/2001 163 ORDER; the motions made by Fund Administration Services (Bermuda) Limited and Deloitte Touche Bermuda that the Court's 4/17/01 Opinion with respect to thise entities should not similarly apply to the Argos Action are denied. Argos' motion that the 4/17/01 Opinion with respect to Deloitte Touche Tohmatsu should not similarly apply to the Argos action is denied . ( signed by Judge Denise L. Cote ); Copies mailed. (sn) (Entered: 05/16/2001)

    05/17/2001 166 ORDER, Argos' motion -- that the Court's 4/17/01 Opinion with respect to Bear Stearns & Co., Inc. and Bear Stearns Securities Corporation should not similarly apply to the Argos action -- is denied . ( signed by Judge Denise L. Cote ); Copies mailed. (kw) (Entered: 05/18/2001)

    05/17/2001 167 NOTICE OF MOTION by Deloitte & Touche for an order permitting an interlocutory appeal purs to 28 USC 1292 ; Return date not indicated (cd) (Entered: 05/21/2001)

    05/17/2001 168 MEMORANDUM OF LAW by Deloitte & Touche in support of [167-1] motion for an order permitting an interlocutory appeal purs to 28 USC 1292 . (cd) (Entered: 05/21/2001)

    05/25/2001 169 MEMORANDUM OF LAW by Cromer Finance, Ltd., Prival N.V. in opposition to [159-1] motion for an order dismissing the complaints in 00 cv 2284 and 00 cv 2498 purs. to the doctrine of forum non conveniens, [156-1] motion for an order dismissing the actions 00 civ. 2284 and 00 civ. 2498 on the grounds of forum non conveniens, [156-2] motion for an order severing and dismissing the claims against DTB. (kkc) (Entered: 05/29/2001)

    05/25/2001 170 AFFIDAVIT of Veronica E. Rendon by Cromer Finance, Ltd., Prival N.V. in opposition to [159-1] motion for an order dismissing the complaints in 00 cv 2284 and 00 cv 2498 purs. to the doctrine of forum non conveniens, [156-1] motion for an order dismissing the actions 00 civ. 2284 and 00 civ. 2498 on the grounds of forum non conveniens, [156-2] motion for an order severing and dismissing the claims against DTB. (kkc) (Entered: 05/29/2001)

  • 05/29/2001 171 AMENDED CERTIFICATE OF SERVICE of leter brief by hand on 5/25/01 on the parties listed on the attached service list. (djc) (Entered: 05/30/2001)

    05/31/2001 172 Transcript of record of proceedings before Judge Denise L. Cote for the date(s) of 4/11/01. (gmo) (Entered: 05/31/2001)

    05/31/2001 173 Transcript of record of proceedings before Judge Denise L. Cote for the date(s) of 4/6/01. (gmo) (Entered: 05/31/2001)

    06/01/2001 174 Transcript of record of proceedings before Judge Denise L. Cote for the date(s) of 4/12/01. (gmo) (Entered: 06/01/2001)

    06/01/2001 175 Transcript of record of proceedings before Judge Denise L. Cote for the date(s) of 4/26/01. (gmo) (Entered: 06/01/2001)

    06/01/2001 176 MEMORANDUM OF LAW by Cromer Finance, Ltd. in opposition to [167-1] motion for an order permitting an interlocutory appeal purs to 28 USC 1292. (jp) (Entered: 06/05/2001)

    06/01/2001 178 NOTICE OF MOTION by Deloitte & Touche for an order, purs. to FRCP 9(b), 12(b)(1) and 12(b)(6), dismissing the claims against DTB in the Second Amended Complaint ; Return date 6/26/01. (rec'd in the night deposit box on 6/1/01 at 6:49 p.m.) (sac) (Entered: 06/06/2001)

    06/01/2001 179 MEMORANDUM OF LAW by Deloitte & Touche in support of [178-1] motion for an order, purs. to FRCP 9(b), 12(b)(1) and 12(b)(6), dismissing the claims against DTB in the Second Amended Complaint. (rec'd in the night deposit box on 6/1/01 at 6:49 p.m.) (sac) (Entered: 06/06/2001)

    06/01/2001 180 AFFIDAVIT of William by Deloitte & Touche in support of [178-1] motion for an order, purs. to FRCP 9(b), 12(b)(1) and 12(b)(6), dismissing the claims against DTB in the Second Amended Complaint. (re'd in the night deposit box on 6/1/01 at 6:49 p.m.) (sac) (Entered: 06/06/2001)

    06/01/2001 181 DECLARATION of Michael J. Dell by Deloitte & Touche in support Re: [178-1] motion for an order, purs. to FRCP 9(b), 12(b)(1) and 12(b)(6), dismissing the claims against DTB in the Second Amended Complaint. (rec'd in the night deposit box on 6/1/01 at 6:49 p.m.) (sac) (Entered: 06/06/2001)

    06/01/2001 182 REPLY MEMORANDUM by Deloitte & Touche in support of re: [156-1] motion for an order dismissing the actions 00 civ. 2284 and 00 civ. 2498 on the grounds of forum non conveniens, [156-2] motion for an order severing and dismissing the claims against DTB. (rec'd in the night deposit box on 6/1/01 at 6:49 p.m.) (sac) (Entered: 06/06/2001)

    06/01/2001 183 Reply declaration of Michael J. Dell by Deloitte & Touche in support of [156-1] motion for an order dismissing the actions 00 civ. 2284 and 00 civ. 2498 on the grounds of forum non conveniens, [156-2] motion for an order severing and dismissing the claims against DTB. (rec'd in the night deposit box on 6/1/01 at 6:49 p.m.0 (sac) (Entered: 06/06/2001)

    06/04/2001 177 SEALED DOCUMENT placed in vault. (wv) (Entered: 06/06/2001)

    06/06/2001 Memo endorsed on motion; granted nunc pro tunc [64-1] motion for an order purs.

  • to F.R.C.P. 9(b) and 12(b)(6), granting Deloitte & Touche LLP's motion to dismiss pltffs' amended complaints 00 cv 2284 and 00 cv 2498 in their entirety for failure to state a cause of action ( signed by Judge Denise L. Cote ); Copies mailed; (forwarded orig. doc. to Judgment Clerk) (cd) (Entered: 06/07/2001)

    06/06/2001 Memo endorsed on motion (doc.#130); denying nunc pro tunc motion dismissing for lack of jurisdiction . ( signed by Judge Denise L. Cote ); Copies mailed. (kg) (Entered: 06/07/2001)

    06/06/2001 Memo endorsed on motion; defendant Ernst & Young International's [56-1] motion to dismiss the amended complaint is granted; the [56-2] motion for summary judgment is moot. ( signed by Judge Denise L. Cote ); Copies mailed. (kkc) (Entered: 06/07/2001)

    06/06/2001 Memo endorsed on motion (doc.#62); granting motion to dismiss nunc pro tunc . ( signed by Judge Denise L. Cote ); Copies mailed. (kg) (Entered: 06/07/2001)

    06/06/2001 Memo endorsed on motion, doc. #79; deft Financial Asset's motion to dismiss is denied nunc pro tunc. ( signed by Judge Denise L. Cote ); Copies mailed. (sac) (Entered: 06/07/2001)

    06/06/2001 Memo endorsed on motion (doc.#67); denied as to Ernst & Young Bermuda. Denied as to Fund Adminstration Services (Bermuda), Ltd. Granted as to Ernst & Young Services Ltd. on the federal claims and the claims of negligence gross negligence and negligent misrepresentation nunc pro tunc . ( signed by Judge Denise L. Cote ); Copies mailed. (kg) (Entered: 06/07/2001)

    06/06/2001 184 Memo-Endorsement on letter addressed to Judge Cote from Michael J. Dell, dated 5/30/01; pltffs' response due by 6/1/01 for [178-1] motion for an order, purs. to FRCP 9(b), 12(b)(1) and 12(b)(6), dismissing the claims against DTB in the Second Amended Complaint ; DTB will file its reply on 6/11/01 for [178-1] motion for an order, purs. to FRCP 9(b), 12(b)(1) and 12(b)(6), dismissing the claims against DTB in the Second Amended Complaint. ( signed by Judge Denise L. Cote ); Copies mailed. (sac) (Entered: 06/07/2001)

    06/06/2001 Memo endorsed on motion; granting [60-1] motion to dismiss the first amended complaints . ( signed by Judge Denise L. Cote ); Copies mailed. (pl) (Entered: 06/08/2001)

    06/06/2001 186 LETTER BRIEF concerning discovery issues, filed by Deloitte & Touche Bu. (jp) (Entered: 06/11/2001)

    06/07/2001 185 COORDINATION AND PRETRIAL DISCOVERY ORDER, as set forth in this Order. ( signed by Judge Denise L. Cote ) (kkc) (Entered: 06/08/2001)

    06/13/2001 187 NOTICE OF MOTION by Fund Admin. Svcs., Kempe & Whittle Ass., Ernst & Young Bermud for an order, purs. to Rules 9(b), 12(b)(1), 12(b)(2), and 12(b)(6) of the FRCP and the Private Securities Litigation Reform Act of 1995, 15 U.S.C. 78u-4(b)(1), et seq. ; and, alternatively, for an order, for a more definite statement purs. to FRCP Rule 12(e) and to strike certain statements in the Second Amended Complaint purs. to FRCP Rule 12(f) ; Return date not indicated. (sac) (Entered: 06/14/2001)

    06/13/2001 188 MEMORANDUM OF LAW by Fund Admin. Svcs., Kempe & Whittle Ass., Ernst

  • & Young Bermud in support of [187-1] motion for an order, purs. to Rules 9(b), 12(b)(1), 12(b)(2), and 12(b)(6) of the FRCP and the Private Securities Litigation Reform Act of 1995, 15 U.S.C. 78u-4(b)(1), et seq., [187-2] motion for an order, for a more definite statement purs. to FRCP Rule 12(e) and to strike certain statements in the Second Amended Complaint purs. to FRCP Rule 12(f). (sac) (Entered: 06/14/2001)

    06/13/2001 189 REPLY MEMORANDUM by Fund Admin. Svcs., Kempe & Whittle Ass., Ernst & Young Bermud in further support of re: [187-1] motion for an order, purs. to Rules 9(b), 12(b)(1), 12(b)(2), and 12(b)(6) of the FRCP and the Private Securities Litigation Reform Act of 1995, 15 U.S.C. 78u-4(b)(1), et seq., [187-2] motion for an order, for a more definite statement purs. to FRCP Rule 12(e) and to strike certain statements in the Second Amended Complaint purs. to FRCP Rule 12(f). (sac) (Entered: 06/14/2001)

    06/13/2001 190 Reply affidavit of John E. Riihiluoma by Fund Admin. Svcs., Kempe & Whittle Ass., Ernst & Young Bermud in support of [187-1] motion for an order, purs. to Rules 9(b), 12(b)(1), 12(b)(2), and 12(b)(6) of the FRCP and the Private Securities Litigation Reform Act of 1995, 15 U.S.C. 78u-4(b)(1), et seq., [187-2] motion for an order, for a more definite statement purs. to FRCP Rule 12(e) and to strike certain statements in the Second Amended Complaint purs. to FRCP Rule 12(f). (sac) (Entered: 06/14/2001)

    06/13/2001 191 Reply declaration of Gregg L. Weiner by Fund Admin. Svcs., Kempe & Whittle Ass., Ernst & Young Bermud in support of [187-1] motion for an order, purs. to Rules 9(b), 12(b)(1), 12(b)(2), and 12(b)(6) of the FRCP and the Private Securities Litigation Reform Act of 1995, 15 U.S.C. 78u-4(b)(1), et seq., [187-2] motion for an order, for a more definite statement purs. to FRCP Rule 12(e) and to strike certain statements in the Second Amended Complaint purs. to FRCP Rule 12(f). (sac) (Entered: 06/14/2001)

    06/15/2001 192 NOTICE OF MOTION by Cromer Finance, Ltd., Prival N.V.; for an Order pursuant to 28 U.S.C. 1781 and FRCP 28(b) to issue letters rogatory directed to the Ontario Superior Court of Justice in Toronto, Canada requesting the examination of Tracy Missen as a witness on oral examination . Return date 6/22/01. Proposed Order and Request for International Judicial Assistance attached. (kkc) Modified on 06/18/2001 (Entered: 06/18/2001)

    06/15/2001 193 AFFIDAVIT of Richard P. Swanson by Cromer Finance, Ltd., Prival N.V. in support of [192-1] motion for an Order pursuant to 28 U.S.C. 1781 and FRCP 28(b) to issue letters rogatory directed to the Ontario Superior Court of Justice in Toronto, Canada requesting the examination of Tracy Missen as a witness on oral examination. (kkc) (Entered: 06/18/2001)

    06/15/2001 194 NOTICE OF MOTION by Cromer Finance, Ltd., Prival N.V.; for an Order pursuant to 28 U.S.C. 1781 and FRCP 28(b) to issue letters rogatory directed to the Supreme Court of Bermuda, Civil Jurisdiction, requesting the examination of Simon Turner as a witness on oral examination . Return date 6/22/01. Proposed Order and Request for International Judicial Assistance attached. (kkc) (Entered: 06/18/2001)

    06/15/2001 195 AFFIDAVIT of Richard P. Swanson by Cromer Finance, Ltd., Prival N.V. in

  • support of [194-1] motion for an Order pursuant to 28 U.S.C. 1781 and FRCP 28(b) to issue letters rogatory directed to the Supreme Court of Bermuda, Civil Jurisdiction, requesting the examination of Simon Turner as a witness on oral examination. (kkc) (Entered: 06/18/2001)

    06/15/2001 196 NOTICE OF MOTION by Cromer Finance, Ltd., Prival N.V.; for an Order pursuant to 28 U.S.C. 1781 and FRCP 28(b) to issue letters rogatory directed to the High Court of Auckland, New Zealand, requesting the examination of Mark Talbot as a witness on oral examination . Return date 6/22/01. Proposed Order and Request for International Judicial Assistance attached. (kkc) (Entered: 06/18/2001)

    06/15/2001 197 AFFIDAVIT of Richard P. Swanson by Cromer Finance, Ltd., Prival N.V. in support of [196-1] motion for an Order pursuant to 28 U.S.C. 1781 and FRCP 28(b) to issue letters rogatory directed to the High Court of Auckland, New Zealand, requesting the examination of Mark Talbot as a witness on oral examination. (kkc) (Entered: 06/18/2001)

    06/15/2001 198 NOTICE OF MOTION by Cromer Finance, Ltd., Prival N.V.; for an Order pursuant to 28 U.S.C. 1781 and FRCP 28(b) to issue letters rogatory directed to the High Court of Justice, Queen's Bench Division, United Kingdom, requesting the examination of Karen Gigg as a witness on oral examination . Return date 6/22/01. Proposed Order and Request for International Judicial Assistance attached. (kkc) (Entered: 06/18/2001)

    06/15/2001 199 AFFIDAVIT of Richard P. Swanson by Cromer Finance, Ltd., Prival N.V. in support of [198-1] motion for an Order pursuant to 28 U.S.C. 1781 and FRCP 28(b) to issue letters rogatory directed to the High Court of Justice, Queen's Bench Division, United Kingdom, requesting the examination of Karen Gigg as a witness on oral examination. (kkc) (Entered: 06/18/2001)

    06/15/2001 202 NOTICE OF MOTION by Cromer Finance, Ltd., Prival N.V.; for an order purs to 28 U.S.C. section 1781 and FRC Pro. 28(b) issuing letters rogatory directed to the Supreme Court of Bermuda, Civil Jurisdiction, requesting the examination of Amanda Forbes as a witness on oral exam and authorizing that the examination be videotaped at the plaintiffs' request because such examination will be conducted for trial pruposes and not simply for discovery purposes ; Return date 6/22/01. Attached is affidavit of RIchard P. Swanson in support. (djc) Modified on 07/23/2001 (Entered: 07/23/2001)

    06/18/2001 200 Letter Brief filed by Deloitte & Touche concerning depositions. (sac) (Entered: 06/19/2001)

    06/18/2001 203 NOTICE OF MOTION by Cromer Finance, Ltd., Prival N.V. for an order purs. to F.R.C.P. 23 certifying Lead Pltffs as representatives of a class of all persons who purchased securities of the Manhattan Investment Fund and suffered damages during the period 10/5/95 through 1/18/00 . Return date 7/20/01. (sn) (Entered: 06/21/2001)

    06/18/2001 204 MEMORANDUM OF LAW by Cromer Finance, Ltd., Prival N.V. in support of [203-1] motion for an order purs. to F.R.C.P. 23 certifying Lead Pltffs as representatives of a class of all persons who purchased securities of the Manhattan Investment Fund and suffered damages during the period 10/5/95 through 1/18/00. (sn) (Entered: 06/21/2001)

  • 06/19/2001 201 LETTER BRIEF by Deloitte & Touche concerning plaintiffs' request for letters rogatory. (kw) (Entered: 06/20/2001)

    06/19/2001 205 ORDER; discovery of the absent class members in the Cromer action and of all of the plaintiffs in the Argos action on the isses of reliance and damages, will not be conducted during the period ending November 16, 2001, with the exception noted below. All other fact discovery shall be concluded by 11/16/01 and the parties shall appear for a pretrial conference on 11/16/01 at 2:00 p.m.; plaintiffs in each action, including each absent class member, shall provide to defendants by 08/17/01, a damages calculation and sufficient documents to support such calculation; in connection with the discovery to occur prior to November 16, 2001, the plaintiffs in the Cromer and Argos actions are presumptively and jointly limited to 20 depositions, and the defendants in the Cromer and Argos actions are presumptively and jointly limited to 20 depositions ; ( signed by Judge Denise L. Cote ); Copies mailed. (djc) (Entered: 06/25/2001)

    06/20/2001 206 LETTER BRIEF by Deloitte & Touche re: discovery issues. (pl) (Entered: 06/25/2001)

    06/21/2001 207 Memo-Endorsement on letter addressed to Judge Cote from Richard P. Swanson, dated 6/19/01; granting counsel for the parties request that the parties will respond to the pending [178-1], [156-1,2] motions to dismiss by 6/25/01 , also granting the request that the parties have until 7/13/01 to reply to their pending [178-1], [156-1,2] motions to dismiss . ( signed by Judge Denise L. Cote ); Copies mailed. (jp) (Entered: 06/25/2001)

    06/21/2001 209 Letter filed by Steven S. Honigman addressed to Judge Cote, dated 6/20/01; Re: counsel agrees for the purpose of this action all of the investors who are members of the class are sophisticated investors. (sac) (Entered: 06/27/2001)

    06/25/2001 208 MEMORANDUM OF LAW by Cromer Finance, Ltd., Prival N.V. in opposition to [178-1] motion for an order, purs. to FRCP 9(b), 12(b)(1) and 12(b)(6), dismissing the claims against DTB in the Second Amended Complaint . (djc) (Entered: 06/26/2001)

    06/25/2001 210 MEMORANDUM OF LAW by Cromer Finance, Ltd. in opposition to [187-1] motion for an order, purs. to Rules 9(b), 12(b)(1), 12(b)(2), and 12(b)(6) of the FRCP and the Private Securities Litigation Reform Act of 1995, 15 U.S.C. 78u-4(b)(1), et seq., [187-2] motion for an order, for a more definite statement purs. to FRCP Rule 12(e) and to strike certain statements in the Second Amended Complaint purs. to FRCP Rule 12(f). (rec'd in the night deposit box on 6/25/01 at 6:41 p.m.) (sac) (Entered: 06/28/2001)

    07/09/2001 211 Memo-Endorsement on letter addressed to counsel for the parties from Magistrate Judge Freeman, dated 7/9/01; this will confirm that a settlement conference is scheduled for 7/26/01 at 10:00 a.m. before Magistrate Judge Freeman in Courtroom 102, 40 Foley Square . ( signed by Magistrate Judge Debra C. Freeman ); Copies mailed. (kkc) (Entered: 07/09/2001)

    07/11/2001 212 SEALED DOCUMENT placed in vault. (wv) (Entered: 07/11/2001)

    07/11/2001 213 MEMORANDUM OF LAW by Fund Admin. Svcs., Ernst & Young Bermud, Kempe & Whittle Ass. in opposition to [203-1] motion for an order purs. to

  • F.R.C.P. 23 certifying Lead Pltffs as representatives of a class of all persons who purchased securities of the Manhattan Investment Fund and suffered damages during the period 10/5/95 through 1/18/00. (kkc) (Entered: 07/12/2001)

    07/11/2001 214 DECLARATION of Gregg L. Weiner by Fund Admin. Svcs., Ernst & Young Bermud, Kempe & Whittle Ass. in opposition to: [203-1] motion for an order purs. to F.R.C.P. 23 certifying Lead Pltffs as representatives of a class of all persons who purchased securities of the Manhattan Investment Fund and suffered damages during the period 10/5/95 through 1/18/00. (kkc) (Entered: 07/12/2001)

    07/13/2001 215 Memo-Endorsement on letter addressed to Judge Cote from Steven S. Honigman, dated 7/12/01; granting counsel for pltff's request for an extension of time to submit their reply papers until 7/23/01 for [203-1] motion for an order purs. to F.R.C.P. 23 certifying Lead Pltffs as representatives of a class of all persons who purchased securities of the Manhattan Investment Fund and suffered damages during the period 10/5/95 through 1/18/00 . ( signed by Judge Denise L. Cote ); Copies mailed. (sn) (Entered: 07/16/2001)

    07/13/2001 216 REPLY MEMORANDUM by Deloitte & Touche re: [178-1] motion for an order, purs. to FRCP 9(b), 12(b)(1) and 12(b)(6), dismissing the claims against DTB in the Second Amended Complaint (cd) (Entered: 07/18/2001)

    07/13/2001 217 Reply declaration of Michael Dell by Deloitte & Touche in support of [178-1] motion for an order, purs. to FRCP 9(b), 12(b)(1) and 12(b)(6), dismissing the claims against DTB in the Second Amended Complaint (cd) (Entered: 07/18/2001)

    07/16/2001 218 REPLY MEMORANDUM OF LAW by Fund Admin. Svcs., Ernst & Young Bermud, Kempe & Whittle Ass. in support of: [187-1] motion for an order, purs. to Rules 9(b), 12(b)(1), 12(b)(2), and 12(b)(6) of the FRCP and the Private Securities Litigation Reform Act of 1995, 15 U.S.C. 78u-4(b)(1), et seq., [187-2] motion for an order, for a more definite statement purs. to FRCP Rule 12(e) and to strike certain statements in the Second Amended Complaint purs. to FRCP Rule 12(f). (kkc) (Entered: 07/18/2001)

    07/16/2001 219 REPLY DECLARATION of Robert R. Viducich by Fund Admin. Svcs., Ernst & Young Bermud, Kempe & Whittle Ass. in support of: [187-1] motion for an order, purs. to Rules 9(b), 12(b)(1), 12(b)(2), and 12(b)(6) of the FRCP and the Private Securities Litigation Reform Act of 1995, 15 U.S.C. 78u-4(b)(1), et seq., [187-2] motion for an order, for a more definite statement purs. to FRCP Rule 12(e) and to strike certain statements in the Second Amended Complaint purs. to FRCP Rule 12(f). (kkc) (Entered: 07/18/2001)

    07/18/2001 220 ORDER, granting [192-1] motion for an Order pursuant to 28 U.S.C. 1781 and FRCP 28(b) to issue letters rogatory directed to the Ontario Superior Court of Justice in Toronto, Canada requesting the examination of Tracy Missen as a witness on oral examination. ( signed by Judge Denise L. Cote ); Copies mailed. (sac) (Entered: 07/23/2001)

    07/18/2001 221 ORDER, granting [194-1] motion for an Order pursuant to 28 U.S.C. 1781 and FRCP 28(b) to issue letters rogatory directed to the Supreme Court of Bermuda, Civil Jurisdiction, requesting the examination of Simon Turner as a witness on oral examination. ( signed by Judge Denise L. Cote ); Copies mailed. (sac) (Entered: 07/23/2001)

  • 07/18/2001 222 ORDER, granting [196-1] motion for an Order pursuant to 28 U.S.C. 1781 and FRCP 28(b) to issue letters rogatory directed to the High Court of Auckland, New Zealand, requesting the examination of Mark Talbot as a witness on oral examination. ( signed by Judge Denise L. Cote ); Copies mailed. (sac) (Entered: 07/23/2001)

    07/18/2001 223 ORDER, granting [198-1] motion for an Order pursuant to 28 U.S.C. 1781 and FRCP 28(b) to issue letters rogatory directed to the High Court of Justice, Queen's Bench Division, United Kingdom, requesting the examination of Karen Gigg as a witness on oral examination. ( signed by Judge Denise L. Cote ); Copies mailed. (sac) (Entered: 07/23/2001)

    07/18/2001 224 ORDER, granting [202-1] motion for an order purs to 28 U.S.C. section 1781 and FRC Pro. 28(b) issuing letters rogatory directed to the Supreme Court of Bermuda, Civil Jurisdiction, requesting the examination of Amanda Forbes as a witness on oral exam, granting [202-2] motion authorizing that the examination be videotaped at the plaintiffs' request because such examination will be conducted for trial pruposes and not simply for discovery purposes. ( signed by Judge Denise L. Cote ); Copies mailed. (sac) (Entered: 07/23/2001)

    07/20/2001 225 MEMORANDUM OF LAW by Deloitte & Touche Bermuda in opposition to [203-1] motion for an order purs. to F.R.C.P. 23 certifying Lead Pltffs as representatives of a class of all persons who purchased securities of the Manhattan Investment Fund and suffered damages during the period 10/5/95 through 1/18/00. (kkc) (Entered: 07/23/2001)

    07/20/2001 226 DECLARATION of Michael J. Dell by Deloitte & Touche Bermuda in opposition to: [203-1] motion for an order purs. to F.R.C.P. 23 certifying Lead Pltffs as representatives of a class of all persons who purchased securities of the Manhattan Investment Fund and suffered damages during the period 10/5/95 through 1/18/00. Appendix volumes 1 & 2 attached. (kkc) (Entered: 07/23/2001)

    07/20/2001 227 AFFIDAVIT of Stephen J. Katz by Deloitte & Touche Bermuda in opposition to [203-1] motion for an order purs. to F.R.C.P. 23 certifying Lead Pltffs as representatives of a class of all persons who purchased securities of the Manhattan Investment Fund and suffered damages during the period 10/5/95 through 1/18/00. (kkc) (Entered: 07/23/2001)

    07/20/2001 228 AFFIDAVIT of William A. Jack by Deloitte & Touche Bermuda in opposition to [203-1] motion for an order purs. to F.R.C.P. 23 certifying Lead Pltffs as representatives of a class of all persons who purchased securities of the Manhattan Investment Fund and suffered damages during the period 10/5/95 through 1/18/00. (kkc) (Entered: 07/23/2001)

    07/23/2001 229 DECLARATION of Quentin Byrne-Sutton by Cromer Finance, Ltd., Prival N.V.; (djc) (Entered: 07/24/2001)

    07/23/2001 230 REPLY MEMORANDUM of LAW by Cromer Finance, Ltd., Prival N.V. re: in support of [203-1] motion for an order purs. to F.R.C.P. 23 certifying Lead Pltffs as representatives of a class of all persons who purchased securities of the Manhattan Investment Fund and suffered damages during the period 10/5/95 through 1/18/00 (djc) (Entered: 07/24/2001)

  • 07/23/2001 231 Reply affidavit of Veronica E. Rendon by Cromer Finance, Ltd., Prival N.V. in support of [203-1] motion for an order purs. to F.R.C.P. 23 certifying Lead Pltffs as represe