DECISION AND ORDER VICTOR MARRERO, District Judge. This suit for breach of contract is brought on behalf of a putative class of investors seeking to recover fees that defendants Standard Chartered Bank International (Americas) Limited and Standard Chartered Bank (collectively, "Defendants") charged for managing investments in the Fairfield Sentry Limited fund ("Sentry Fund"). The Sentry Fund was a hedge fund that, in turn, invested almost all of its assets in Bernard L. Madoff ("Madoff")...
DECISION AND ORDER VICTOR MARRERO, District Judge. Before the Court is the motion to exclude evidence relating to monetary settlements of financial institutions (Docket No. 291) submitted by defendants Rubin/Chambers, Dunhill Insurance Services, Inc. ("CDR"); David Rubin ("Rubin"); Zevi Wolmark a/k/a Stewart Wolmark ("Wolmark"); and Evan Andrew Zarefsky ("Zarefsky") (collectively, "Defendants"). In resolving this motion, the Court presumes familiarity with the docket and all prior decisions...
MEMORANDUM OF DECISION, FINDINGS OF FACT AND CONCLUSIONS OF LAW SAMUEL CONTI, District Judge. I. INTRODUCTION In this suit, Plaintiff Mark B. Price ("Price" or "Plaintiff") seeks relief from alleged employment discrimination and breach of contract by Defendants Cushman & Wakefield, Inc. ("C & W") and Joanne Podell ("Podell"). Plaintiff worked as a real estate broker for C & W from 2003 to 2006, and Podell was his supervisor for much of this period. Plaintiff, a member of a branch of...
DECISION AND ORDER VICTOR MARRERO, District Judge. The Court has received ten motions in limine from the Government and defendants Rubin/Chambers, Dunhill Insurance Services, Inc. ("CDR"); David Rubin ("Rubin"); Zevi Wolmark a/k/a Stewart Wolmark ("Wolmark"); and Evan Andrew Zarefsky ("Zarefsky") (collectively, "Defendants") related to the upcoming trial in this matter. In resolving these motions, the Court presumes familiarity with all prior decisions and orders in this case. A summary...
OPINION & ORDER GABRIEL W. GORENSTEIN, United States Magistrate Judge. Zomara Wilson has moved to withdraw her guilty plea pursuant to Rule 11(d) of the Federal Rules of Criminal Procedure. For the following reasons, Wilson's motion is denied. I. BACKGROUND A. The Charge in the Complaint Wilson was charged in a criminal complaint dated August 13, 2009, with one count of fraud in connection with federal student assistance programs under 20 U.S.C. 1097(a). See Sealed Complaint (...
SENTENCING OPINION SWEET, District Judge. It is a rare and sad occasion as a judge that I am required by my oath to enforce unjust and ill-advised enactments of Congress. Today I am asked to do such a thing. On February 11, 2011, Jose Robles, ("Robles" or the "Defendant") was convicted of one count of conspiracy to commit Hobbs Act robberies, in violation of 18 U.S.C. 1951, three counts of committing Hobbs Act robberies, in violation of 18 U.S.C. 1951 & 2, and two counts of brandishing...
MEMORANDUM AND ORDER BARBARA S. JONES, District Judge. The present matter involves eleven related cases brought against Puda Coal, Inc. ("Puda"). 1 Although all eleven cases have been brought against Puda, the Complaints vary with respect to other named defendants. Examining all of the Complaints together, it appears that they collectively state causes of action against seven of Puda's current and former officers and directors, 2 as well as, the underwriters of Puda's 2010 stock offering....
Memorandum & Order BARBARA S. JONES, District Judge. Defendants move to disqualify counsel for Plaintiffs, Quinn Emanuel Urquhart & Sullivan LLP ("Quinn") from representing Plaintiffs, American International Group, Inc., et al., ("AIG") in their suit against Defendants, Bank of America Corporation, et al. ("Bank of America"). Defendants allege a disqualifying conflict of interest arising from a former Quinn partner, Marc Becker's, previous representation of Merrill Lynch & Co., Inc. ("...
MEMORANDUM ORDER JED S. RAKOFF, District Judge. On December 15, 2011, plaintiff U.S. Securities and Exchange Commission ("SEC") filed a purported appeal from this Court's Opinion and Order rejecting the parties' proposed Consent Judgment. See SEC v. Citigroup Global Mkts., 827 F.Supp.2d 328 , 330, 2011 WL 5903733, at *2 (S.D.N.Y. Nov. 28, 2011) (the "November 28 Decision"). Defendant Citigroup Global Markets Inc. ("Citigroup") filed an identical notice of appeal on December 19, 2011....
DECISION AND ORDER VICTOR MARRERO, District Judge. I. BACKGROUND By Order dated March 2, 2011, the Court granted the motion of plaintiffs Hounddog Productions, L.L.C. and The Motion Picture Group, Inc. ("Plaintiffs") for default judgment against defendant Empire Film Group, Inc. ("Empire"). By Order dated July 19, 2011, the Court denied Empire's motion to vacate the default judgment and subsequently referred the matter to Magistrate Judge James Cott for an inquest on damages. By Order...
DECISION AND ORDER VICTOR MARRERO, District Judge. The Court has received a motion in limine from defendant Metro-North Commuter Railroad ("Metro-North") pertaining to the trial in this matter, which is scheduled to begin November 21, 2011. A summary of Metro-North's requests and the Court's rulings thereon follow. Metro-North requests that the Court: (1) Preclude, pursuant to Federal Rule of Evidence ("FRE") 402, the testimony of Matthew Byrns ("Byrns") regarding plaintiff Perry Pitter's...
DECISION AND ORDER VICTOR MARRERO, District Judge. Plaintiff Universe Antiques, Inc. ("Universe") brought this action against defendants William Vareika ("Vareika") and William Vareika Fine Arts, Ltd. ("WVFA," and together with Vareika, "Vareika Parties"), seeking damages for breach of contract, unjust enrichment, an account stated, tortious interference with contract and fraud. Universe alleges that it consigned to WVFA a painting, which WVFA later sold and for which a balance of $560,...
DECISION AND ORDER VICTOR MARRERO, District Judge. This matter arises from three separately-filed actions, each chiefly alleging that defendant Standard Chartered Bank International (Americas) Ltd. ("SCBI") committed a number of wrongful acts under Florida state law against four foreign individuals ("Plaintiffs") involving investments in Fairfield Sentry Ltd. ("Fairfield Sentry"), a feeder fund that in turn invested in Bernard L. Madoff Investment Securities ("BLMIS"), a now-infamous Ponzi...
DECISION AND ORDER VICTOR MARRERO, District Judge. Plaintiffs Sylvia Robinson, Sylvia, Inc., Joseph Robinson, Jr., Henry Jackson, Jr., Michael Wright, George Kerr, Wesaline Music, Jonathan Williams, Clifton Chase, and Edward Fletcher (collectively, "Plaintiffs") are individuals and entities associated with various well-known musical groups, including "The Sugar Hill Gang," "Grand Master Flash," "The Wall Street Mob," "The Furious Five," and "Grand Master Melle Mel." Plaintiffs sued record...
DECISION AND ORDER VICTOR MARRERO, District Judge. Plaintiff William Kregler ("Kregler") brought this action pursuant to 42 U.S.C. 1983 (" 1983") against the City of New York ("City") and individual defendants ("Individual Defendants") Louis Garcia ("Garcia"), Rose Gill Hearn ("Hearn"), Keith Schwam ("Schwam"), Darren Keenaghan ("Keenaghan"), Brian Grogan ("Grogan"), and Jayme Naberezny ("Naberezny"). At all relevant times, the Individual Defendants were employees of the City's Fire...
DECISION AND ORDER VICTOR MARRERO, District Judge. The Court has received three motions in limine pertaining to the trial in this matter scheduled to begin October 24, 2011. The first motion in limine was brought by defendants/third-party plaintiffs William Vareika ("Vareika") and William Vareika Fine Arts, Inc. ("WVFA" and together with Vareika, "Vareika Parties"). The Vareika Parties request that the Court exclude a stained glass window from being introduced at trial pursuant to...
MEMORANDUM ORDER JED S. RAKOFF, District Judge. In connection with the trial of this case firmly scheduled for March 19, 2012, Irving Picard (the "Trustee"), trustee pursuant to the Securities Investor Protection Act ("SIPA") for the estate of Bernard L. Madoff Investment Securities ("Madoff Securities"), has requested a jury trial on those of his claims that seek to avoid transfers from Madoff Securities to the defendants as fraudulent. The defendants claim that he has no right to a jury...
DECISION AND ORDER VICTOR MARRERO, District Judge. Petitioner Manuel Melo ("Melo") brought this pro se motion pursuant to 28 U.S.C. 2255 (" 2255") to vacate, set aside, or otherwise correct his sentence. Melo is serving a sentence of 130 months of imprisonment following convictions for conspiracy to commit Hobbs Act robbery, attempted Hobbs Act robbery, and aiding and abetting the use, carrying, or possession of a firearm in furtherance of attempted Hobbs Act robbery. Melo contends that...
DECISION AND ORDER VICTOR MARRERO, District Judge. Defendants Rubin/Chambers, Dunhill Insurance Services, Inc. ("CDR"); David Rubin ("Rubin"); Zevi Wolmark a/k/a Stewart Wolmark ("Wolmark"); and Evan Andrew Zarefsky ("Zarefsky") (collectively, "Defendants") were indicted on October 29, 2009 and charged with crimes arising out of an alleged conspiracy by Defendants and others to illegally rig bids, fix prices and manipulate the market for investment instruments known as municipal derivatives....
MEMORANDUM & ORDER WILLIAM H. PAULEY III, District Judge: The epic failures described in this Memorandum & Order offer a cautionary lesson for securities litigators. They are recounted here to highlight the need for diligence at all stages of litigation. In short, after six years of litigation, including extensive motion practice, an appeal to the Second Circuit, remand, more motion practice, and discovery, Lead Counsel learned that the Lead Plaintiff never purchased any of the securities at...
