5.Mai 2010: Der Antrag der IKB sowie von Herrn Stefan Ortseifen auf Klageabweisung (Sammelklage mit auch Anträgen auf Verteilung zu Strafschadensersatz wurde am 16.Oktober 2009 erhoben) wurde abschlägig beschieden, das US-Beweisverfahren nimmt seinen Gang. Gegenstand der Klage einer Vielzahl von Klägern ist der Zusammenbruch des strukturierten Investmentvehikels „Rhinebridge“. Das Verfahren nimmt nun unerbittlich seinen Gang, die Kosten für die Verteidigung werden immens sein. Die Klageschrift gibt interessante Einblicke in „Rhinebridge“.
Beklagte sind: IKB DEUTSCHE INDUSTRIEBANK AG, IKB CREDIT ASSET MANAGEMENT GmbH, MOODY’S INVESTORS SERVICE, INC., MOODY’S INVESTORS SERVICE LIMITED,
THE McGRAW HILL COMPANIES, INC. (d/b/a STANDARD & POOR’S RATINGS SERVICES), FITCH, INC., WINFRIED REINKE and STEFAN ORTSEIFEN,
| OPINION AND ORDER: For reasons further set forth in said Order, IKB’s motion to dismiss is denied. Ortseifen’s motion to dismiss for lack of personal jurisdiction is denied with leave to renew after the completion of limited discovery. This discovery shall be completed within ninety days of the date of this Order. The Clerk of the Court is directed to close these motions (in 09 Civ. 8387, Docket Nos. 51, 56; in 09 Civ. 8822, Docket Nos. 46, 78). (51 in 1:09-cv-08387-SAS). MOTION to Dismiss for Lack of Jurisdiction filed by Stefan Ortseifen, (56 in 1:09-cv-08387-SAS) MOTION to Dismiss for Lack of Jurisdiction filed by IKB Credit Asset Management, GmbH, IKB Deutsche Industriebank AG, (78 in 1:09-cv-08822-SAS) MOTION to Dismiss for Lack of Jurisdiction filed by Stefan Ortseifen, (41 in 1:09-cv-08822-SAS) MOTION to Dismiss the Complaint filed by Fitch, Inc. (Signed by Judge Shira A. Scheindlin on 5/3/10) (db) (Entered: 05/04/2010) |
Verfahrensdokumente: IKB and Ortseifen – Opinion and Order against these defendants, Ortseifen – Memo to support dismissal, Complaint v IKB et al
1:09-cv-08822-SAS Iowa Student Loan Liquidity Corporation et al v. IKB Deutsche Industriebank AG et al; U.S. District Court, United States District Court for the Southern District of New York (Foley Square), CIVIL DOCKET FOR CASE #: 1:09-cv-08822-SAS
| ate Filed | # | Docket Text |
|---|---|---|
| 10/16/2009 | 1 | COMPLAINT against IKB Deutsche Industriebank AG, IKB Credit Asset Management, GmbH, Moody’s Investors Service, Inc., Moody’s Investors Service Limited, The McGraw Hill Companies, Inc., Fitch, Inc., Winfried Reinke, Stefan Ortseifen. (Filing Fee $ 350.00, Receipt Number 702991)Document filed by Iowa Student Loan Liquidity Corporation(Individually), Iowa Student Loan Liquidity Corporation(on behalf of all others similarly situated).(mro) (ama). (Entered: 10/19/2009) |
| 10/16/2009 | SUMMONS ISSUED as to IKB Deutsche Industriebank AG, IKB Credit Asset Management, GmbH, Moody’s Investors Service, Inc., Moody’s Investors Service Limited, The McGraw Hill Companies, Inc., Fitch, Inc., Winfried Reinke, Stefan Ortseifen. (mro) (Entered: 10/19/2009) | |
| 10/16/2009 | CASE REFERRED TO Judge Shira A. Schiendlin as possibly related to 09-cv-8387. (mro) (Entered: 10/19/2009) | |
| 10/16/2009 | Case Designated ECF. (mro) (Entered: 10/19/2009) | |
| 10/16/2009 | 2 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Iowa Student Loan Liquidity Corporation(Individually), Iowa Student Loan Liquidity Corporation(on behalf of all others similarly situated).(mro) (Entered: 10/19/2009) |
| 10/19/2009 | ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney David Avi Rosenfeld for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 1 Complaint, 2 Rule 7.1 Corporate Disclosure Statement to: case_openings@nysd.uscourts.gov. (mro) (Entered: 10/19/2009) | |
| 10/22/2009 | ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Jason Cassidy Davis for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 1 Complaint, 2 Rule 7.1 Corporate Disclosure Statement to: case_openings@nysd.uscourts.gov. (mro) (Entered: 10/22/2009) | |
| 10/22/2009 | CASE DECLINED AS NOT RELATED. Case referred as related to 1:09-cv-8387 and declined by Judge Shira A. Scheindlin and returned to wheel for assignment. (ldi) (Entered: 10/22/2009) | |
| 10/22/2009 | 3 | NOTICE OF CASE ASSIGNMENT to Judge Richard M. Berman. Judge Unassigned is no longer assigned to the case. (ldi) (Entered: 10/22/2009) |
| 10/22/2009 | Magistrate Judge Kevin N. Fox is so designated. (ldi) (Entered: 10/22/2009) | |
| 10/27/2009 | 4 | NOTICE OF APPEARANCE by Daniel S. Drosman on behalf of Iowa Student Loan Liquidity Corporation(Individually) (Drosman, Daniel) (Entered: 10/27/2009) |
| 10/30/2009 | 5 | NOTICE OF APPEARANCE by Martin Flumenbaum on behalf of Fitch, Inc. (Attachments: # 1 Affidavit of Service)(Flumenbaum, Martin) (Entered: 10/30/2009) |
| 10/30/2009 | 6 | NOTICE OF APPEARANCE by Roberta Ann Kaplan on behalf of Fitch, Inc. (Attachments: # 1 Affidavit of Service)(Kaplan, Roberta) (Entered: 10/30/2009) |
| 10/30/2009 | 7 | NOTICE OF APPEARANCE by Andrew James Ehrlich on behalf of Fitch, Inc. (Attachments: # 1 Affidavit of Service)(Ehrlich, Andrew) (Entered: 10/30/2009) |
| 10/30/2009 | 8 | NOTICE OF APPEARANCE by Tobias James Stern on behalf of Fitch, Inc. (Attachments: # 1 Affidavit of Service)(Stern, Tobias) (Entered: 10/30/2009) |
| 10/30/2009 | 9 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Fimalac, S.A. as Corporate Parent. Document filed by Fitch, Inc.. (Attachments: # 1 Affidavit of Service)(Flumenbaum, Martin) (Entered: 10/30/2009) |
| 11/03/2009 | 10 | NOTICE OF APPEARANCE by Joshua M. Rubins on behalf of Moody’s Investors Service, Inc., Moody’s Investors Service Limited (Rubins, Joshua) (Entered: 11/03/2009) |
| 11/03/2009 | 11 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Moody’s Corporation as Corporate Parent. Document filed by Moody’s Investors Service, Inc., Moody’s Investors Service Limited.(Rubins, Joshua) (Entered: 11/03/2009) |
| 11/03/2009 | 12 | NOTICE OF APPEARANCE by James J. Coster on behalf of Moody’s Investors Service, Inc., Moody’s Investors Service Limited (Coster, James) (Entered: 11/03/2009) |
| 11/03/2009 | 13 | NOTICE OF APPEARANCE by Aaron Mark Zeisler on behalf of Moody’s Investors Service, Inc., Moody’s Investors Service Limited (Zeisler, Aaron) (Entered: 11/03/2009) |
| 11/03/2009 | 14 | NOTICE OF APPEARANCE by Justin Evan Klein on behalf of Moody’s Investors Service, Inc., Moody’s Investors Service Limited (Klein, Justin) (Entered: 11/03/2009) |
| 11/03/2009 | 15 | NOTICE OF APPEARANCE by James J. Regan on behalf of Moody’s Investors Service, Inc., Moody’s Investors Service Limited (Regan, James) (Entered: 11/03/2009) |
| 11/04/2009 | 16 | AFFIDAVIT OF SERVICE. Fitch, Inc. served on 10/26/2009, answer due 11/16/2009. Service was accepted by Vanessa Tate, Person Authorized to Accept Service. Document filed by Iowa Student Loan Liquidity Corporation(Individually). (Drosman, Daniel) (Entered: 11/04/2009) |
| 11/04/2009 | 17 | AFFIDAVIT OF SERVICE. The McGraw Hill Companies, Inc. served on 10/26/2009, answer due 11/16/2009. Service was accepted by Peter J. O’Connor, Person Authorized to Accept Service. Document filed by Iowa Student Loan Liquidity Corporation(Individually). (Drosman, Daniel) (Entered: 11/04/2009) |
| 11/04/2009 | 18 | AFFIDAVIT OF SERVICE. Moody’s Investors Service, Inc. served on 10/26/2009, answer due 11/16/2009. Service was accepted by Aixa Flores, Person Authorized to Accept Service. Document filed by Iowa Student Loan Liquidity Corporation(Individually). (Drosman, Daniel) (Entered: 11/04/2009) |
| 11/11/2009 | 19 | AFFIDAVIT OF SERVICE. Moody’s Investors Service Limited served on 11/4/2009, answer due 11/24/2009. Service was accepted by Matthew Foss, General Counsel. Document filed by Iowa Student Loan Liquidity Corporation(Individually). (Attachments: # 1 Exhibit CR 1)(Drosman, Daniel) (Entered: 11/11/2009) |
| 11/18/2009 | 20 | NOTICE OF APPEARANCE by Floyd Abrams on behalf of The McGraw Hill Companies, Inc. (Abrams, Floyd) (Entered: 11/18/2009) |
| 11/18/2009 | 21 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Document filed by The McGraw Hill Companies, Inc..(Abrams, Floyd) (Entered: 11/18/2009) |
| 11/18/2009 | 22 | NOTICE OF APPEARANCE by Dean I. Ringel on behalf of The McGraw Hill Companies, Inc. (Ringel, Dean) (Entered: 11/18/2009) |
| 11/18/2009 | 23 | NOTICE OF APPEARANCE by Adam N. Zurofsky on behalf of The McGraw Hill Companies, Inc. (Zurofsky, Adam) (Entered: 11/18/2009) |
| 11/18/2009 | 24 | NOTICE OF APPEARANCE by Brian T Markley on behalf of The McGraw Hill Companies, Inc. (Markley, Brian) (Entered: 11/18/2009) |
| 11/18/2009 | 25 | NOTICE OF APPEARANCE by Andrea Rose Butler on behalf of The McGraw Hill Companies, Inc. (Butler, Andrea) (Entered: 11/18/2009) |
| 11/18/2009 | 26 | NOTICE OF APPEARANCE by Jason Michael Hall on behalf of The McGraw Hill Companies, Inc. (Hall, Jason) (Entered: 11/18/2009) |
| 11/24/2009 | 27 | NOTICE OF CASE REASSIGNMENT to Judge Shira A. Scheindlin. Judge Richard M. Berman is no longer assigned to the case. (ldi) (Entered: 11/24/2009) |
| 11/24/2009 | CASE ACCEPTED AS RELATED. Create association to 1:09-cv-08387-SAS. (ldi) (Entered: 11/24/2009) | |
| 11/30/2009 | 28 | WAIVER OF SERVICE RETURNED EXECUTED. IKB Deutsche Industriebank AG waiver sent on 11/5/2009, answer due 2/3/2010; IKB Credit Asset Management, GmbH waiver sent on 11/5/2009, answer due 2/3/2010. Document filed by Iowa Student Loan Liquidity Corporation(Individually). (Drosman, Daniel) (Entered: 11/30/2009) |
| 12/08/2009 | 29 | STIPULATION AND ORDER; The Stipulating Defendants shall move, answer or otherwise respond to the complaint on or before 1/15/2010. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 12/8/2009) (tve) (Entered: 12/08/2009) |
| 12/11/2009 | 30 | ORDER FOR ADMISSION PRO HAC VICE, that Thomas E. Redburn, Jr. and Jennifer J. McGruther are hereby admitted to practice pro hac vice as counsel for defendants IKB Deutsche Industriebank AG and IKB Credit Asset Management GmbH in the above captioned case in the United States District Court for the Southern District of New York. Additional relief as set forth in this Order. (Signed by Judge Shira A. Scheindlin on 12/10/09) (pl) (Entered: 12/11/2009) |
| 12/11/2009 | Transmission to Attorney Admissions Clerk. Transmitted re: 30 Order Admitting Attorney Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. (Note: Sent e-mail to attorney admission clerk to add attorney Jennifer J. McGruther to the data base). (pl) (Entered: 12/11/2009) | |
| 12/14/2009 | 31 | MOTION to Appoint Special Process Server. Document filed by Iowa Student Loan Liquidity Corporation(Individually).(Drosman, Daniel) (Entered: 12/14/2009) |
| 12/15/2009 | 32 | ORDER granting 31 Motion to Appoint Special Process Server. APS International, Ltd, including its designated agents,is appointed and authorized to effect service of process on the defendants, Winfried Reinke and Stefan Ortseifen, in Germany…. (Signed by Judge Shira A. Scheindlin on 12/15/09) (cd) (Entered: 12/16/2009) |
| 12/23/2009 | CASHIERS OFFICE REMARK on 30 Order Admitting Attorney Pro Hac Vice, in the amount of $50.00, paid on 12/14/2009, Receipt Number 708299. (jd) (Entered: 12/23/2009) | |
| 01/06/2010 | 33 | ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 2/9/2010 at 04:30 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 1/5/2010) (tro) (Entered: 01/06/2010) |
| 01/06/2010 | 34 | SCHEDULING ORDER: Motion by Moody’s Fitch, and McGraw-Hill to dismiss for failure to state a claim due by 1/15/2010. Response by plaintiff to be served on 3/3/10 and reply to be served by 3/1`7/10. IKB defendants to move to dismiss by 2/3/10. Plaintiff to serve responses on 3/3/10. Reply papers on 3/17/10. Expert Discovery due by 5/31/2011, fact discovery by 2/25/11, see document for other deadlines. Status Conference set for 4/13/2010 at 04:30 PM before Judge Shira A. Scheindlin. Pretrial Order et al due by 10/5/2011. (Signed by Judge Shira A. Scheindlin on 1/6/10) (cd) (Entered: 01/07/2010) |
| 01/13/2010 | 35 | ORDER FOR ADMISSION PRO HAC VICE. that Luke O. Brooks of Coughlin Stoia Geller Rudman & Robbins LLP, 100 Pine Street, Suite 2600, San Francisco, California 94111, Tel: (415) 288-4545, Fax: (415) 288-4534, e-mail: lukeb@csgrr.com, is admitted to practice pro hac vice as counsel for plaintiff in the above-captioned case in the United States District Court for the Southern District of New York. (Signed by Judge Shira A. Scheindlin on 1/13/10) (pl) Modified on 1/13/2010 (pl). (Entered: 01/13/2010) |
| 01/13/2010 | Transmission to Attorney Admissions Clerk. Transmitted re: 35 Order Admitting Attorney Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. (pl) (Entered: 01/13/2010) | |
| 01/13/2010 | 36 | ORDER FOR ADMISSION PRO HAC VICE. that Jessica T. Shinnefield of Coughlin Stoia Geller Rudman & Robbins LLP, 655 West Broadway, Suite 1900, San Diego, California 92101, Tel: (619) 231-1058, Fax: (619) 231-7423, e-mail:jshinnefield@csgrr.com, is admitted to practice pro hac vice as counsel for plaintiff in the above-captioned case in the United States District Court for the Southern District of New York. Additional relief as set forth in this Order. (Signed by Judge Shira A. Scheindlin on 1/13/10) (pl) (Entered: 01/13/2010) |
| 01/13/2010 | Transmission to Attorney Admissions Clerk. Transmitted re: 36 Order Admitting Attorney Pro Hac Vice,,, to the Attorney Admissions Clerk for updating of Attorney Information. (pl) (Entered: 01/13/2010) | |
| 01/15/2010 | 37 | MOTION to Dismiss the Complaint. Document filed by Moody’s Investors Service, Inc., Moody’s Investors Service Limited, The McGraw Hill Companies, Inc..(Markley, Brian) (Entered: 01/15/2010) |
| 01/15/2010 | 38 | DECLARATION of Brian T. Markley in Support re: 37 MOTION to Dismiss the Complaint.. Document filed by The McGraw Hill Companies, Inc.. (Attachments: # 1 Part 2)(Markley, Brian) (Entered: 01/15/2010) |
| 01/15/2010 | 39 | JOINT MEMORANDUM OF LAW in Support re: 37 MOTION to Dismiss the Complaint.. Document filed by Moody’s Investors Service, Inc., Moody’s Investors Service Limited, The McGraw Hill Companies, Inc.. (Markley, Brian) (Entered: 01/15/2010) |
| 01/15/2010 | 40 | DECLARATION of Joshua M. Rubins in Support re: 37 MOTION to Dismiss the Complaint.. Document filed by Moody’s Investors Service, Inc., Moody’s Investors Service Limited, The McGraw Hill Companies, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Rubins, Joshua) (Entered: 01/15/2010) |
| 01/15/2010 | 41 | MOTION to Dismiss the Complaint. Document filed by Fitch, Inc..(Flumenbaum, Martin) (Entered: 01/15/2010) |
| 01/15/2010 | 42 | MEMORANDUM OF LAW in Support re: 41 MOTION to Dismiss the Complaint.. Document filed by Fitch, Inc.. (Flumenbaum, Martin) (Entered: 01/15/2010) |
| 01/15/2010 | 43 | DECLARATION of Andrew J. Ehrlich in Support re: 41 MOTION to Dismiss the Complaint.. Document filed by Fitch, Inc.. (Ehrlich, Andrew) (Entered: 01/15/2010) |
| 01/19/2010 | 44 | AFFIDAVIT OF SERVICE of Notice of Motion by Fitch, Inc. to Dismiss the Complaint, Declaration of Andrew J. Ehrlich, and Defendant Fitch, Inc.’s Memorandum of Law in Support of Its Motion to Dismiss the Complaint served on Stefan Ortseifen, Iowa Student Loan Liquidity Corporation, The McGraw Hill Companies, Inc., and Moody’s Investors Service Limited on January 15, 2010. Service was made by Mail. Document filed by Fitch, Inc.. (Flumenbaum, Martin) (Entered: 01/19/2010) |
| 02/03/2010 | 45 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by IKB Deutsche Industriebank AG, IKB Credit Asset Management, GmbH.(McFerrin-Clancy, John) (Entered: 02/03/2010) |
| 02/03/2010 | 46 | MOTION to Dismiss for Lack of Jurisdiction. Document filed by IKB Deutsche Industriebank AG, IKB Credit Asset Management, GmbH.(McFerrin-Clancy, John) (Entered: 02/03/2010) |
| 02/03/2010 | 47 | MEMORANDUM OF LAW in Support re: 46 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by IKB Deutsche Industriebank AG, IKB Credit Asset Management, GmbH. (McFerrin-Clancy, John) (Entered: 02/03/2010) |
| 02/03/2010 | 48 | DECLARATION of Michael Braun in Support re: 46 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by IKB Deutsche Industriebank AG, IKB Credit Asset Management, GmbH. (McFerrin-Clancy, John) (Entered: 02/03/2010) |
| 02/03/2010 | 49 | MOTION to Dismiss for Failure to State a Claim. Document filed by IKB Deutsche Industriebank AG, IKB Credit Asset Management, GmbH.(McFerrin-Clancy, John) (Entered: 02/03/2010) |
| 02/03/2010 | 50 | MEMORANDUM OF LAW in Support re: 49 MOTION to Dismiss for Failure to State a Claim.. Document filed by IKB Deutsche Industriebank AG, IKB Credit Asset Management, GmbH. (McFerrin-Clancy, John) (Entered: 02/03/2010) |
| 02/03/2010 | 51 | DECLARATION of Zachary D. Rosenbaum in Support re: 49 MOTION to Dismiss for Failure to State a Claim., 46 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by IKB Deutsche Industriebank AG, IKB Credit Asset Management, GmbH. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(McFerrin-Clancy, John) (Entered: 02/03/2010) |
| 02/03/2010 | 52 | CERTIFICATE OF SERVICE served on All Counsel of Record on 02/03/2010. Document filed by IKB Deutsche Industriebank AG, IKB Credit Asset Management, GmbH. (Attachments: # 1 Exhibit A)(McFerrin-Clancy, John) (Entered: 02/03/2010) |
| 02/08/2010 | 53 | ENDORSED LETTER addressed to Judge Shira A.Scheindlin from Jessica Shinnefield dated 2/5/10 re: Request to adjourn the 2/9 conference. ENDORSEMENT: Request granted. Conference adjourned to 4/13 at 4:30. ( Initial Conference reset for 4/13/2010 at 04:30 PM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 2/8/10) (cd) (Entered: 02/08/2010) |
| 03/03/2010 | 54 | MEMORANDUM OF LAW in Opposition re: 41 MOTION to Dismiss the Complaint.. Document filed by Iowa Student Loan Liquidity Corporation(Individually), Iowa Student Loan Liquidity Corporation(on behalf of all others similarly situated). (Drosman, Daniel) (Entered: 03/03/2010) |
| 03/03/2010 | 55 | MEMORANDUM OF LAW in Opposition re: 37 MOTION to Dismiss the Complaint.. Document filed by Iowa Student Loan Liquidity Corporation(Individually). (Attachments: # 1 Affidavit Declaration of Daniel S. Drosman, # 2 Exhibit A – Trade Ticket)(Drosman, Daniel) (Entered: 03/03/2010) |
| 03/03/2010 | 56 | MEMORANDUM OF LAW in Opposition re: 46 MOTION to Dismiss for Lack of Jurisdiction. Plaintiffs‘ Memorandum of Law in Opposition to the IKB Defendants‘ Motion to Dismiss the Complaints for Lack of Personal and Subject Matter Jurisdiction. Document filed by Iowa Student Loan Liquidity Corporation(Individually). (Davis, Jason) (Entered: 03/03/2010) |
| 03/03/2010 | 57 | MEMORANDUM OF LAW in Opposition re: 49 MOTION to Dismiss for Failure to State a Claim. Plaintiff’s Memorandum of Law in Opposition to Defendants IKB Deutsche Industriebank AG and IKB Credit Asset Management GMBH’s Motion to Dismiss the Complaint Pursuant to Fed. R. Civ. P. 12(b)(6). Document filed by Iowa Student Loan Liquidity Corporation(Individually). (Shinnefield, Jessica) (Entered: 03/03/2010) |
| 03/03/2010 | 58 | DECLARATION of JASON C. DAVIS in Opposition re: 46 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Iowa Student Loan Liquidity Corporation(Individually). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Davis, Jason) (Entered: 03/03/2010) |
| 03/03/2010 | 59 | MOTION to Exclude Extraneous Materials Improperly Relied on by Defendants in Their Rule 12(b)(6) Motions to Dismiss. Document filed by Iowa Student Loan Liquidity Corporation(Individually).(Shinnefield, Jessica) (Entered: 03/03/2010) |
| 03/03/2010 | 60 | MEMORANDUM OF LAW in Support re: 59 MOTION to Exclude Extraneous Materials Improperly Relied on by Defendants in Their Rule 12(b)(6) Motions to Dismiss.. Document filed by Iowa Student Loan Liquidity Corporation(Individually). (Shinnefield, Jessica) (Entered: 03/03/2010) |
| 03/08/2010 | 61 | NOTICE of of Withdrawal of Plaintiff’s Motion to Exclude Extraneous Materials, Without Prejudice to Re-File re: 60 Memorandum of Law in Support of Motion, 59 MOTION to Exclude Extraneous Materials Improperly Relied on by Defendants in Their Rule 12(b)(6) Motions to Dismiss.. Document filed by Iowa Student Loan Liquidity Corporation(Individually). (Drosman, Daniel) (Entered: 03/08/2010) |
| 03/10/2010 | 62 | NOTICE OF APPEARANCE by Jarrett Scott Charo on behalf of Iowa Student Loan Liquidity Corporation(Individually) (Charo, Jarrett) (Entered: 03/10/2010) |
| 03/17/2010 | 63 | ORDER FOR ADMISSION OF CHRISTINA A. ROYCE PRO HAC VICE: Attorney Christina A. Royce is admitted to practice pro hac vice as counsel for plaintiff Iowa Student Loan Liquidity Corporation in this action. (Signed by Judge Shira A. Scheindlin on 3/16/2010) (tro) (Entered: 03/17/2010) |
| 03/17/2010 | 64 | ORDER FOR ADMISSION OF DARRYL J. ALVARADO PRO HAC VICE: Attorney Darryl J. Alvarado is admitted to practice pro hac vice as counsel for plaintiff Iowa Student Loan Liquidity Corporation in this action. (Signed by Judge Shira A. Scheindlin on 3/16/2010) (tro) (Entered: 03/17/2010) |
| 03/17/2010 | 65 | ORDER FOR ADMISSION OF NATHAN R. LINDELL PRO HAC VICE: Attorney Nathan R. Lindell is admitted to practice pro hac vice as counsel for plaintiff Iowa Student Loan Liquidity Corporation in this action. (Signed by Judge Shira A. Scheindlin on 3/16/2010) (tro) (Entered: 03/17/2010) |
| 03/17/2010 | 66 | REPLY MEMORANDUM OF LAW in Support re: 46 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by IKB Deutsche Industriebank AG, IKB Credit Asset Management, GmbH. (McFerrin-Clancy, John) (Entered: 03/17/2010) |
| 03/17/2010 | 67 | DECLARATION of Ulrich Freitag in Support re: 46 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by IKB Deutsche Industriebank AG, IKB Credit Asset Management, GmbH. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(McFerrin-Clancy, John) (Entered: 03/17/2010) |
| 03/17/2010 | 68 | DECLARATION of Dr. Frank Schaum in Support re: 46 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by IKB Deutsche Industriebank AG, IKB Credit Asset Management, GmbH. (McFerrin-Clancy, John) (Entered: 03/17/2010) |
| 03/17/2010 | 69 | DECLARATION of Thomas Schirmer in Support re: 46 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by IKB Deutsche Industriebank AG, IKB Credit Asset Management, GmbH. (McFerrin-Clancy, John) (Entered: 03/17/2010) |
| 03/17/2010 | 70 | REPLY AFFIDAVIT of Michael Braun in Support re: 46 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by IKB Deutsche Industriebank AG, IKB Credit Asset Management, GmbH. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(McFerrin-Clancy, John) (Entered: 03/17/2010) |
| 03/17/2010 | 71 | REPLY MEMORANDUM OF LAW in Support re: 49 MOTION to Dismiss for Failure to State a Claim.. Document filed by IKB Deutsche Industriebank AG, IKB Credit Asset Management, GmbH. (McFerrin-Clancy, John) (Entered: 03/17/2010) |
| 03/17/2010 | 72 | CERTIFICATE OF SERVICE of Reply Papers served on All Counsel on March 17, 2010. Document filed by IKB Deutsche Industriebank AG, IKB Credit Asset Management, GmbH. (McFerrin-Clancy, John) (Entered: 03/17/2010) |
| 03/17/2010 | 73 | REPLY MEMORANDUM OF LAW in Support re: 37 MOTION to Dismiss the Complaint.. Document filed by Moody’s Investors Service, Inc., Moody’s Investors Service Limited, The McGraw Hill Companies, Inc.. (Abrams, Floyd) (Entered: 03/17/2010) |
| 03/17/2010 | 74 | DECLARATION of Brian T. Markley in Support re: 37 MOTION to Dismiss the Complaint.. Document filed by Moody’s Investors Service, Inc., Moody’s Investors Service Limited, The McGraw Hill Companies, Inc.. (Markley, Brian) (Entered: 03/17/2010) |
| 03/17/2010 | 75 | REPLY MEMORANDUM OF LAW in Support re: 41 MOTION to Dismiss the Complaint.. Document filed by Fitch, Inc.. (Attachments: # 1 Affidavit of Service)(Flumenbaum, Martin) (Entered: 03/17/2010) |
| 03/17/2010 | 76 | DECLARATION of Andrew J. Ehrlich in Support re: 41 MOTION to Dismiss the Complaint.. Document filed by Fitch, Inc.. (Attachments: # 1 Affidavit of Service)(Ehrlich, Andrew) (Entered: 03/17/2010) |
| 03/23/2010 | 77 | NOTICE OF APPEARANCE by Thomas S. Wiswall on behalf of Stefan Ortseifen (Wiswall, Thomas) (Entered: 03/23/2010) |
| 03/23/2010 | 78 | MOTION to Dismiss for Lack of Jurisdiction. Document filed by Stefan Ortseifen.(Wiswall, Thomas) (Entered: 03/23/2010) |
| 03/23/2010 | 79 | AFFIRMATION of Stefan Ortseifen in Support re: 78 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Stefan Ortseifen. (Wiswall, Thomas) (Entered: 03/23/2010) |
| 03/23/2010 | 80 | MEMORANDUM OF LAW in Support re: 78 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Stefan Ortseifen. (Wiswall, Thomas) (Entered: 03/23/2010) |
| 03/24/2010 | 81 | NOTICE of Firm Name Change. Document filed by Iowa Student Loan Liquidity Corporation(Individually). (Drosman, Daniel) (Entered: 03/24/2010) |
| 03/31/2010 | 82 | SCHEDULING ORDER REGARDING MOTION TO DISMISS BY STEFAN ORTSEIFEN: Set Deadlines/Hearing as to 78 MOTION to Dismiss for Lack of Jurisdiction. ( Response due by 4/14/2010. Reply due by 4/28/2010.) (Signed by Judge Shira A. Scheindlin on 3/31/10) (cd) (Entered: 03/31/2010) |
| 04/01/2010 | 83 | ORDER Having considered the parties‘ positions, I conclude that taking judicial notice of the content of these documents and materials at the motion to dismiss stage would be improper. Therefore, I will exclude them from my consideration of defendants‘ motions to dismiss, subject only to the following exceptions: (1) The Court will take judicial notice that a credit crisis began in the late summer of 2007. (2) The Court will take judicial notice that, in August 2007, Fitch issued a publication placing the Rhinebridge structured investment vehicle at issue in these actions on „Ratings Watch Negative. 3 This document will not be considered for the truth of the matter asserted. (3) The Court will take judicial notice that, in January 2003, the SEC issued a publication entitled „Report on the Role and Function of Credit Rating Agencies in the Operation of the Securities Markets. 4 This document will not be considered for the truth of the matter asserted. (Signed by Judge Shira A. Scheindlin on 4/1/2010) (Signed by Judge Shira A. Scheindlin on 4/1/2010) (js) (Entered: 04/01/2010) |
| 04/09/2010 | 84 | ENDORSED LETTER addressed to Judge Shira A. Scheindlin from John J.D. McFerrin-Clancy dated 4/7/10 re: Request for an adjournment of the 4/26/10 Status Conference. ENDORSEMENT: Defendants‘ request for an adjournment of the April 26, 2010 status conference is HEREBY DENIED. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 4/9/10) (db) (Entered: 04/09/2010) |
| 04/14/2010 | 85 | MEMORANDUM OF LAW in Opposition re: 78 MOTION to Dismiss for Lack of Jurisdiction. Memorandum of Law of Plaintiff Iowa Student Loan Liquidity Corporation in Opposition to Defendant Stefan Ortseifen’s Motion to Dismiss the Complaint. Document filed by Iowa Student Loan Liquidity Corporation(Individually). (Brooks, Luke) (Entered: 04/14/2010) |
| 04/14/2010 | 86 | DECLARATION of LUKE O. BROOKS in Opposition re: 78 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Iowa Student Loan Liquidity Corporation(Individually). (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Brooks, Luke) (Entered: 04/14/2010) |
| 04/20/2010 | 87 | CERTIFICATE OF SERVICE. Stefan Ortseifen served on 3/3/2010, answer due 3/24/2010. Document filed by Iowa Student Loan Liquidity Corporation(Individually). (Drosman, Daniel) (Entered: 04/20/2010) |
| 04/20/2010 | 88 | NOTICE OF APPEARANCE by Jennifer Jane McGruther on behalf of IKB Deutsche Industriebank AG, IKB Credit Asset Management, GmbH (McGruther, Jennifer) (Entered: 04/20/2010) |
| 04/20/2010 | 89 | NOTICE OF APPEARANCE by Zachary David Rosenbaum on behalf of IKB Deutsche Industriebank AG, IKB Credit Asset Management, GmbH (Rosenbaum, Zachary) (Entered: 04/20/2010) |
| 04/26/2010 | 90 | OPINION AND ORDER: For the foregoing reasons, S&P and Moody’s joint motion to dismiss is denied. ISL may file an amended Complaint within forty-five (45) days of the date of this Order. The Clerk of the Court is directed to close this motion (09 Civ. 8387, docket no. 39; 09 Civ 8822, docket no. 37). So Ordered. (Signed by Judge Shira A. Scheindlin on 4/26/2010) (js) (Entered: 04/27/2010) |
| 04/28/2010 | 91 | REPLY MEMORANDUM OF LAW in Support re: 78 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Stefan Ortseifen. (Wiswall, Thomas) (Entered: 04/28/2010) |
| 05/04/2010 | 92 | OPINION AND ORDER: For reasons further set forth in said Order, IKB’s motion to dismiss is denied. Ortseifen’s motion to dismiss for lack of personal jurisdiction is denied with leave to renew after the completion of limited discovery. This discovery shall be completed within ninety days of the date of this Order. The Clerk of the Court is directed to close these motions (in 09 Civ. 8387, Docket Nos. 51, 56; in 09 Civ. 8822, Docket Nos. 46, 78). (51 in 1:09-cv-08387-SAS). MOTION to Dismiss for Lack of Jurisdiction filed by Stefan Ortseifen, (56 in 1:09-cv-08387-SAS) MOTION to Dismiss for Lack of Jurisdiction filed by IKB Credit Asset Management, GmbH, IKB Deutsche Industriebank AG, (78 in 1:09-cv-08822-SAS) MOTION to Dismiss for Lack of Jurisdiction filed by Stefan Ortseifen, (41 in 1:09-cv-08822-SAS) MOTION to Dismiss the Complaint filed by Fitch, Inc. (Signed by Judge Shira A. Scheindlin on 5/3/10) (db) (Entered: 05/04/2010) |
| Iowa Student Loan Liquidity Corporation et al v. IKB Deutsche Industriebank AG et al Assigned to: Judge Shira A. Scheindlin
Cause: 15:78m(a) Securities Exchange Act |
Date Filed: 10/16/2009 Jury Demand: Plaintiff Nature of Suit: 190 Contract: Other Jurisdiction: Diversity |
