EFTA00723357.pdf

LAW OFFICES OF JOHN K. DEMA, P.C. ATTORNEYS-AT-LAW JOHN K. DEMA ADMITTED USVI-CA 8 January 2010 Vla Cat(/!d mall- Return Recdpt and E-ntall Darren K. Indyke, Esquire President, Financial Trust Company, Inc. 6100 Red Hook Quarter, Suite B-3 St. Thomas, U.S. Virgin Islands 00802 301 East 66ih Street New York, New York 10065 RE: Financial Trust Company, Inc. v. The Bear Stearns Companies Inc. Dear Attorney Indyke: This is further to my letter dated December 21, 2009, wherein I advised you that it was likely that the above titled action would be ordered to be consolidated with the MDL Bear Stearns Litigation pending in the Southern District of New York, and that FTC should immediately retain stateside counsel to represent FTC in the MDL proceedings. On January 7, 2010, the case of Financial Trust Company. Inc. v. The Bear Stearns Companies. Inc., 09-cv-00106 ("Financial Trust"), filed in the federal District Court of the Virgin Islands, Division of St. Thomas and St John, was conditionally transferred to the MDL Litigation by the United States Judicial Panel on Mulitdistrict Litigation: In re: The Bear Stearns Companies Inc. Securities. Derivative and Employee Retirment Income Security Act (ERISA) Litigation, MDL No. 1963, in the Southern District of New York. The Financial Trust case has been assigned No. 3:09-106, and is before the Honorable Robert S. Sweet. We are enclosing, for your review and immediate action, the following documents we received from the U.S. Judicial Panel on Multidistrict Litigation on January 7, 2010 with respect to the procedures to be followed as a result of the conditional transfer of Financial Trust to the MDL in New York: 1. Conditional Transfer Order (CTO-3), dated January 7, 2010, transferring the Financial Trust case to the MDL in the Southern District because it "appears that 1236 STRAND STREET, SUITE 109, CHRISTIANSTED, ST. CROIX, USVI 00820 TELEPHONE: (340) 773-6142 FACSIMILE: (340) 773-3944 EFTA00723357 Darren K. Indyke, Esquire 8 January 2010 l' a g e 12 2. the action on this conditional transfer order involves questions of fact that are common to the actions previously transferred to the Southern District of New York and assigned to Judge Sweet". 3. Notice of Filing of Conditional Transfer Order (CTO-3), noticing the filing of the conditional transfer of Financial Trust to the MDL and that the order will be stayed for 14 days unless opposed in accordance with Rule 7.4(c). IF FTC WISHES TO OPPOSE TRANSFER, A NOTICE OF OPPOSITION AND AN APPEARANCE OF COUNSEL MUST BE FILED ON OR BEFORE JANUARY 21, 2010 (12 NOON EST). WE NOTE THAT EVEN IF FTC DECIDES NOT TO OPPOSE THE TRANSFER, THE FORM OF APPEARANCE BY COUNSEL FOR FTC MUST STILL BE FILED ON OR BEFORE JANUARY 21, 2010 (12 NOON EST). 4. Notice of Appearance form by counsel for MDL No. 1963 — This form MUST be returned to the Judicial Panel no later than January 21, 2010 (12 Noon Eastern Time). Only one attorney can be designated to represent FTC. This Notice of Appearance must be filed by an attorney representing FTC regardless of whether a Notice of Opposition is filed, to authorize the attorney to receive service of all pleadings, notices, orders and other papers relating to practice before the MDL on behalf of FTC. 5. Notice to Counsel of Electronic Public Access to Panel Docket Sheets and Records and Limited Waiver of Electronic Public Access Fees. 6. General Order Amending Filing Deadlines — provides the new deadline dates in the Rules of Procedures of the U.S. Judicial Panel on Multidistrict Litigation. We previously advised in our December 21, 2009 letter that "FTC should retain counsel with offices in New York with respect to the multidistrict litigation pending in the Southern District" and that our firm was not retained by FTC to represent it in the MDL litigation in New York and would not represent FTC in the New York forum. Although I have sent you numerous entails and made several phone calls to you following the December 21, 2009 letter, you have failed to reply other than to ask my availability for a meeting on January 7, 2010 in St. Thomas — I replied in the affirmative and did not hear back from you. IT IS IMPERATIVE THAT FTC TAKE ACTION AT THIS JUNCTURE TO PROTE RESTS BEFORE THE MDL PANEL. V Enc osures EFTA00723358  UNITED STATES JUDICIAL PANEL ON MULTIDISTRICT LITIGATION UNITED STATES JUDICIAL PANEL Jan 07, 2010 on MULTIDISTRICT LITIGATION FILED CLERK'S OFFICE IN RE: THE BEAR STEARNS COMPANIES INC. SECURITIES, DERIVATIVE AND EMPLOYEE RETIREMENT INCOME SECURITY ACT (ERISA) LITIGATION Financial Trust Co., Inc. v. The Bear Stearns Companies, Inc., D. Virgin Islands, C.A. No. 3:09-106 MDL No. 1963 CONDITIONAL TRANSFER ORDER (CTO-3) On August 18, 2008, the Panel transferred one civil action to the United States District Court for the Southern District of New York for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. § 1407. See 572 F.Supp.2d 1377 (J.P.M.L. 2008). Since that time, two additional actions have been transferred to the Southern District of New York. With the consent of that court, all such actions have been assigned to the Honorable Robert W. Sweet. It appears that the action on this conditional transfer order involves questions of fact that are common to the actions previously transferred to the Southern District of New York and assigned to Judge Sweet. Pursuant to Rule 7.4 of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation 199 F.R.D. 425, 435-36 (2001), this action is transferred under 28 U.S.C. § 1407 to the Southern District of New York for the reasons stated in the order of August 18, 2008, and, with the consent of that court, assigned to the Honorable Robert W. Sweet. This order does not become effective until it is filed in the Office of the Clerk of the United States District Court for the Southern District ofNew York. The transmittal of this order to said Clerk shall be stayed 14 days from the entry thereof. If any party files a notice of opposition with the Clerk of the Panel within this 14-day period, the stay will be continued until further order of the Panel. FOR THE PANEL: uthi Clerk of the Panel EFTA00723359  UNITED STATES JUDICIAL PANEL ON MULTIDISTRICT LITIGATION UNITED STATES JUDICIAL PANEL on Jan 07, 2010 MULTIDISTRICT LITIGATION FILED CLERK'S OFFICE IN RE: THE BEAR STEARNS COMPANIES INC. SECURITIES, DERIVATIVE AND EMPLOYEE RETIREMENT INCOME SECURITY ACT (ERISA) MDL No. 1963 LITIGATION NOTICE OF FILING OF CONDITIONAL TRANSFER ORDER (CTO-3) Today, the Judicial Panel on Multidistrict Litigation filed a conditional transfer order (CTO) involving the above-captioned matter. This matter is transferred pursuant to Rule 7.4 of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation 199 F.R.D. 425, 435-36 (2001). The order will be stayed for 14 days unless opposed in accordance with Rule 7.4(c). Notices of Opposition should be filed by facsimile. File one Notice of Opposition (with an attached schedule of actions, if necessary) if opposing the transfer of more than one action. A consolidated Motion and Brief to Vacate the CTO, with attached schedule of actions, is acceptable and preferred. Email or fax transmission of the motion and brief will not be accepted. Opposing counsel shall notify the Clerk of the Panel, in writing, of the name and address of the attorney designated to receive service of all pleadings, notices, orders and other papers relating to practice before the Judicial Panel. An appearance form is attached. (Note: If filing an appearance, include an email address for notification of subsequent filings.) The following deadlines pertain to this CTO Notice: Notice of Opposition and Appearance Due on or Before: January 21, 2010 (12 noon EST) 10'when Notices of Opposition are filed, counsel will be notified of subsequent briefing schedules and related filings. Inasmuch as there is an unavoidable delay between notification of the pendency of a tag- along action and the filing of a CTO, counsel are required by Rule 7.4(b) to notify this office BY FACSIMILE, at (202) 502-2888, of any official changes in the status of the tag-along action. Such changes could involve dismissal ofthe action, remand to state court, transfer to another federal court, etc., as indicated by an order filed by the district court. Counsel should review Rule 5.2, dealing with service, and Rules 7.4 and 7.5, regarding "tag- along" actions. A Panel Service List is attached to this notice. FOR THE PANEL: Je ry N. Liithi Clerk of the Panel EFTA00723360  Page 1 of 2 IN RE: THE BEAR STEARNS COMPANIES INC. SECURITIES, DERIVATIVE AND EMPLOYEE RETIREMENT INCOME SECURITY ACT (ERISA) LITIGATION MDL No. 1963 PANEL SERVICE LIST (CTO-3) George C. Aguilar Brad S. Karp ROBBINS UMEDA LLP PAUL WEISS RIFICIND WHARTON & 600 B Street GARRISON LLP Suite 1900 1285 Avenue of the Americas San Diego, CA 92101 New York, NY 10019-6064 David B. Anders Jay B. Kasner WACHTELL LIPTON ROSEN & KATZ SKADDEN ARPS SLATE MEAGHER & 51 West 52nd Street FLOM LLP New York, NY 10019 Four Times Square New York, NY 10036 David A.P. Brower BROWER PIVEN APC Lester L Levy 488 Madison Avenue WOLF POPPER LLP New York, NY 10022 845 Third Avenue New York, NY 10022 Michael J. Chepiga SIMPSON THACHER & BARTLETT LLP Derek W. Loeser 425 Lexington Avenue KELLER ROHRBACK LLP New York, NY 10017-3954 1201 3rd Avenue Suite 3200 John K. Dema Seattle, WA 98101 LAW OFFICES OF JOHN K DEMA PC 1236 Strand Street Gregory A. Markel Suite 103 CADWALADER WICKERSHAM & TAFT St. Croix, VI 00820-5008 One World Financial Center New York, NY 10281 William B. Federman FEDERMAN & SHERWOOD Randy M. Mastro 10205 North Pennsylvania Avenue GIBSON DUNN & CRUTCHER LLP Oklahoma City, OK 73120 200 Park Avenue New York, NY 10166-0193 Jill Goldberg SCHULTE ROTH & ZABEL LLP 919 Third Avenue New York, NY 10022 EFTA00723361  Page 2 of 2 MDL No. 1963 - Panel Service List (CTO-3) (Continued) Chad C. Messier Robert A. Skirnick DUDLEY TOPPER & FEUERZEIG MEREDITH COHEN GREENFOGEL & 1000 Frederiksberg Gade SKIRNICK PC P.O. Box 756 One Liberty Plaza St. Thomas, VI 00804 35th Floor New York, NY 10006 Edwin J. Mills STULL STULL & BRODY Richard Sokoloff 6 East 45th Street 3245 Route 112 Suite 500 Suite 1 New York, NY 10017 Medford, NY 11763 I. Stephen Rabin Ralph M. Stone RABIN & PECKEL LLP SHALOV STONE BONNER & ROCCO LLP 317 Madison Avenue 485 Seventh Avenue 21° Floor Suite 1000 New York, NY 10017 New York, NY 10018 David Avi Rosenfeld COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 58 South Service Road Suite 200 Melville, NY 11747 Samuel H. Rudman COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 58 South Service Road Suite 200 Melville, NY 11747 Milo Silberstein DEALY & SILBERSTEIN 225 Broadway Suite 1405 New York, NY 10007 EFTA00723362  UNITED STATES JUDICIAL PANEL ON MULTIDISTRICT LITIGATION TO: United States Judicial Panel THIS FORM MUST BE RETURNED TO on Multidistrict Litigation THE JUDICIAL PANEL NO LATER THAN Thurgood Marshall Federal Judiciary Bldg. (Noon Eastern Time) January 21. 2010 One Columbus Circle, N.E., Room G-255 Panel Fax No.: (202) 502-2888 Washington, D.C. 20002 MDL No. 1963 -- IN RE: The Bear Stearns Companies Inc. Securities, Derivative and Employee Retirement Income Security Act (ERISA) Litigation NOTICE OF APPEARANCE PARTIES REPRESENTED (indicate plaintiff or defendant—attach list if necessary): SHORT CASE CAPTION(s) (Include District(s), Civil Action No(s).-- attach list if necessary): In compliance with Rule 5.2(c), R.P.J.P.M.L., 199 F.R.D. 425, 431 (2001), the following designated attorney is authorized to receive service of all pleadings, notices, orders, and other papers relating to practice before the Judicial Panel on Multidistrict Litigation on behalf of the plaintiff(s)/ defendant(s) indicated. I am aware that only one attorney can be designated for each party. Date Signature of Attorney or Designee Name and Address of Designated Attorney: Telephone No.: Fax No.: Email Address: ORIGINAL ONLY OF APPEARANCE NEEDED BY US FOR FILING A CERTIFICATE OF SERVICE WILL BE REQUIRED IF THE APPEARANCE IS RECEIVED AFTER THE DUE DATE PRINTED ABOVE. JPML Form 18 EFTA00723363  UNITED STATES JUDICIAL PANEL ON MULTIDISTRICT LITIGATION Nov 02, 2009 UNITED STATES JUDICIAL PANEL FILED on CLERKS OFFICE MULTIDISTRICT LITIGATION IN RE: ELECTRONIC PUBLIC ACCESS TO PANEL DOCKET SHEETS AND RECORDS AND LIMITED WAIVER OF ELECTRONIC PUBLIC ACCESS FEES Misc. No. 09-03 NOTICE TO COUNSEL Effective immediately, electronic public access to Judicial Panel docket sheets and other information will be made available on the Panel's public website. This is an interim measure while the Panel, in conjunction with the Administrative Office ofthe United States Courts, develops a case management/electronic case Sling (CM/ECF) system that will include PACER access to Panel docket sheets and other information. The Executive Committee of the Judicial Conference of the United States has agreed to waive temporarily the electronic public access fees established pursuant to 28 U.S.C. § 1932. Access to Panel docket sheets is available at www.itnnl.uscourts.gov, by clicking the "Ca-se Management" button and then "Reports". All questions or requests for assistance regarding this matter should be directed to the Clerk of the Panel's Office, 202-502-2800. FOR THE PANEL: Clerk of the Panel EFTA00723364  UNITED STATES JUDICIAL PANEL ON MULTIDISTRICT LITIGATION Nov 23, 2009 FILED CLERK'S OFFICE UNITED STATES JUDICIAL PANEL on MULTIDISTRICT LITIGATION GENERAL ORDER AMENDING FILING DEADLINES On March 26, 2009, the United States Supreme Court approved revisions to federal court procedural rules, inter alia, changing the method by which time is calculated in the federal courts to multiples of seven days. ACCORDINGLY, IT IS HEREBY ORDERED that all filing deadlines in the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation pertaining to 28 U.S.C. § 1407 are amended as follows: 5-day deadlines become 7 days; 11-day and 15-day deadlines become 14 days; and 20-day deadlines become 21 days. Intermediate weekends and holidays will be counted for all time periods. IT IS FURTHER ORDERED that these rule changes are effective December 1, 2009. PANEL ON MULTIDISTRICT LITIGATION 67/9John G. Heybum Chairman Robert L. Miller, Jr. Kathryn H. Vratil David R. Hansen W. Royal Furgeson, Jr. Frank C. Damrell, Jr. David G. Trager EFTA00723365