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In re: Aluminum Warehousing Antitrust Litigation (1:13-md-02481-PAE)

U.S. District Court for the Southern District of New York

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In re: Aluminum Warehousing Antitrust Litigation (1:13-md-02481-PAE)

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Related Cases: 1:13-md-02481-KBF

  • ORDER: The Court hereby schedules the next telephonic conference in this case for Wednesday, August 19, 2020, at 10 a.m., using the Court's teleconference system. Dial-in Number: (888) 363-4749 or (215) 446-3662 Access Code: 468-4906 In advance of the call, the Court directs that, by Friday, August 7, 2020, counsel submit a joint letter setting forth the parties' views as to next steps in the case, summarizing any other recent developments in the case, and identifying the call participants for each side. (Telephone Conference set for 8/19/2020 at 10:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 7/23/2020) (jwh)

  • OPINION & ORDER: For the foregoing reasons, the Court denies the FLPs' motion to certify a class pursuant to Federal Rule of Civil Procedure 23(b)(3) and to exclude the declaration of defendants' expert David P. Kaplan. An order will issue shortly as to next steps in this case. (Signed by Judge Paul A. Engelmayer on 7/23/2020) Filed In Associated Cases: 1:13-md-02481-PAE, 1:14-cv-03116-PAE (jwh)

  • ORDER: The Court directs the parties to file the presentations used in connection with yesterday's oral argument, as attachments to letters filed via ECF. The Court grants permission for the parties to redact any information subject to the Protective Order in this case from the public version of the filings. (Signed by Judge Paul A. Engelmayer on 6/26/2020) Filed In Associated Cases: 1:13-md-02481-PAE, 1:14-cv-03116-PAE (jwh)

  • ORDER: The Court hereby schedules oral argument in this case for Thursday, June 25, 2020, at 2:30 p.m. using the Court's teleconference system. Dial-in Number: (888) 363-4749 or (215) 446-3662. Access Code: 468-4906. The Court additi onally requests 3 joint letters from the parties, each due Friday, June 12, 2020; as further set forth herein. ( Telephone Conference set for 6/25/2020 at 02:30 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 5/27/2020) Filed In Associated Cases: 1:13-md-02481-PAE, 1:14-cv-03116-PAE (mro)

  • ORDER: The Court hereby schedules the next telephonic conference in this case for Friday, May 22, 2020, at 10 a.m., using the Court's teleconference system. Dial-in Number: (888) 363-4749 or (215) 446-3662 Access Code: 468-4906, as further set forth in this order. (Telephone Conference set for 5/22/2020 at 10:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 5/13/2020) Filed In Associated Cases: 1:13-md-02481-PAE et al. (jwh)

  • OPINION & ORDER: For the foregoing reasons, the Court denies GIAG and Pacorini Vlissingen's motions to dismiss for lack of personal jurisdiction. As Judge Forrest noted in denying the class plaintiffs' and other individual plaintiffs' motions for leave to amend their complaints to add, inter alia, GIAG and Pacorini Vlissingen as defendants, this "create[s] a disparity between... Fujifilm's [case] on the one hand and the [other plaintiffs'] on the other. In light of how we have reached that disparity, however, the Court believes the most equitable and efficient course is to proceed with two different operative case theories in two parallel tracks." In re Aluminum Warehousing Antitrust Litig., 2016 WL 16293 50, at *8. This observation is today, at this later juncture, at least as apt, if not more so. For avoidance of doubt, GIAG and Pacorini Vlissingen are defendants in the Fujifilm and Reynolds & Southwire cases only. See No. 15 Civ. 8307 (PAE); No. 16 Civ. 5955 (PAE).24 The Court directs GIAG and Pacorini Vlissingen to answer, or otherwise respond to, the AC by May 12, 2020. The Court further directs counsel for GIAG, Pacorini Vlissingen, Fujifilm, and Reynolds Consumer Products LLC to meet and c onfer to discuss next steps by May 4, 2020. The Court requests a joint letter, due May 12, 2020, from those parties setting forth a plan for what the Court is confident will be limited additional discovery relating to GIAG and Pacorini Vlissingen. The motions at dockets 83 and 94 are closed. (Signed by Judge Paul A. Engelmayer on 4/28/2020) (jwh)

  • ORDER: On April 14, 2020, the Court issued an order directing the parties to re-file electronically under seal all operative submissions relating to two sets of motions. Dkt. 1234. The deadline for re-filing the second set of motionsthe pending class certification and Daubert motionsis this Friday, April 24, 2020, as further set forth in this order. (Motions due by 4/24/2020.) (Signed by Judge Paul A. Engelmayer on 4/14/2020) Filed In Associated Cases: 1:13-md-02481-PAE, 1:14-cv-03116-PAE (jwh)

  • ORDER: In light of the unprecedented impact of COVID-19 on the Court's operations-as well as the Court's February 2020 revision of its Individual Rules regarding redactions and filing under seal-the Court directs the parties electronically to file under seal unredacted text-searchable versions of all operative submissions relating to: (i) the two motions to dismiss for lack of personal jurisdiction pending in No. 15 Civ. 8307 (PAE) ("Fujifilm docket"); and (ii) the class cer tification and Daubert motions pending in No. 14 Civ. 3116 (PAE) ("Direct Purchasers docket"). The Court requests that the parties highlight in yellow any information that was redacted in the original filing. In keeping with the parties 9; existing practice, the documents relating to the motions to dismiss should be filed only on the Fujifilm docket, but the documents relating to the class certification and Daubert motions should be filed on both the Direct Purchasers docket and the MDL docket, No. 13 MD 2481 (PAE). The Court requests that the parties re-file the Fujifilm documents by Friday, April 17, 2020, and that the parties re-file the Direct Purchasers documents by Friday, April 24, 2020. The Court wishes all counsel well during these challenging times. (Signed by Judge Paul A. Engelmayer on 4/14/2020) Filed In Associated Cases: 1:13-md-02481-PAE, 1:14-cv-03116-PAE (jwh)

  • ORDER in case 1:13-md-02481-PAE; denying without prejudice (130) Letter Motion to Seal; denying without prejudice (131) Letter Motion to Compel in case 1:16-cv-05955-PAE: Accordingly, the Court denies, without prejudice, plaintiffs' motion to compel. The Clerk of Court is respectfully directed to close the motions pending at dockets 130 and 131. (Signed by Judge Paul A. Engelmayer on 3/10/2020) Filed In Associated Cases: 1:13-md-02481-PAE, 1:16-cv-05955-PAE (jwh)

  • OPINION & ORDER re: (1212 in 1:13-md-02481-PAE, 143 in 1:14-cv-06849-PAE) LETTER MOTION for Discovery: Accordingly, the Court denies, without prejudice to Kodak's right to make a tailored application or applications under § 1782, Koda k's motion for wholesale export of the discovery record in this case via modification of the Protective Order or an order pursuant to § 1782. Kodak is at leave to file proper § 1782 application(s), attaching proposed subpoenas, that m ake tailored requests for discovery from specified defendants who reside or are found in the district of filing. Any such applications must be made in a manner that allows for particularized and thorough analyses of the statutory and discretionary 167; 1782 factors, which the omnibus and overbroad request made here does not permit. To the extent that Kodak prevails in any such § 1782 application as to designated documents or categories of documents, the Court would expect to order that Ko dak can use its existing discovery database, for those categories of documents only, for the sole purpose of prosecuting the U.K. action. Finally, the Court further directs Kodak and Defendants to meet and confer to narrow the scope of contested cate gories of documents prior to Kodak's filing of any such § 1782 petitions, and, in any event, no later than February 7, 2020. The Clerk of Court is respectfully directed to close the motion pending at Docket 1212. (Signed by Judge Paul A. Engelmayer on 1/31/2020) Filed In Associated Cases: 1:13-md-02481-PAE, 1:14-cv-06849-PAE(jwh)

  • ORDER with respect to (1212) Letter Motion for Discovery in case 1:13-md-02481-PAE; with respect to (143) Letter Motion for Discovery in case 1:14-cv-06849-PAE: The Court cannot, on these submissions, reliably determine its jurisdiction over the & #167; 1782(a) petition. The Court accordingly directs Kodak to submit a supplemental letter of no more than 4 pages that: (1) lists the specific persons (or corporate entities) from whom it seeks discovery pursuant to § 1782; (2) sets forth the bases for jurisdiction against each person from whom discovery is sought under del Valle Ruiz; and (3) addresses whether the Court's jurisdiction is impacted by the fact of its presiding over this MDL, see 28 U.S.C. § 1407(b) (allowing dist rict judge overseeing MDL to "exercise the powers of a district judge in any district" for pretrial proceedings), and/or the fact of defendants' participation therein. Kodak's letter is due Friday, January 24, 2020. Defendants ma y submit a response, also of no more than 4 pages, to the narrow issues presented in Kodaks supplemental letter by Tuesday, January 28, 2020. (Signed by Judge Paul A. Engelmayer on 1/21/2020) Filed In Associated Cases: 1:13-md-02481-PAE, 1:14-cv-06849-PAE (jwh)

  • ORDER: The Court hereby schedules the next telephonic conference in this case for Thursday, February 20, 2020, at 9 a.m. The Court directs lead counsel for plaintiffs to provide the Court and the defense with a dial-in number for the call. The Court further directs that, two days prior to the call, counsel submit a brief joint letter summarizing recent developments in the case and identifying the call participants for each side. (Telephone Conference set for 2/20/2020 at 09:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 1/17/2020) Filed In Associated Cases: 1:13-md-02481-PAE et al.(jwh)

  • ORDER: The Court has received the First Level Purchaser Plaintiffs' email in response to the Court's December 9, 2019 Order regarding the redaction of certain documents. The Court has reviewed and approves of the First Level Purchaser Plain tiffs' proposed redactions to Exhibits 1A and 1B to the Declaration of Carmen A. Medici. The Court thanks counsel for reaching an agreement as to the public filing of the remaining documents referenced in the First Level Purchaser Plaintiffs' response to defendants' sur-reply in opposition to the class certification motion. (Signed by Judge Paul A. Engelmayer on 12/17/2019) (jwh)

  • ORDER: For the reasons set forth on the record of today's telephonic conference, the First Level Purchaser Plaintiffs' letter regarding sur-reply expert declarations is due Wednesday, December 11, 2019. Defendants' response is due Monday, December 16, 2019. (Signed by Judge Paul A. Engelmayer on 12/6/2019) (jwh)

  • ORDER: The Court has reviewed and approves of defendants' proposed redactions to the Declaration of David P. Kaplan, to Exhibits A, H, J, and K thereto, and to Exhibit 2 to the Declaration of John S. Playforth. Defendants may file the redacted versions on ECF and file the unredacted versions under seal. The Court appreciates defendants' diligence in responding to its concerns regarding filing under seal. (Signed by Judge Paul A. Engelmayer on 11/19/2019) (mro)

  • ORDER: At the November 4, 2019 conference in this multi-district litigation, the Court advised counsel of its intention to have a monthly telephone conference with counsel. The purpose of the conference is to keep the Court abreast of relevant develo pments in the litigation and to give the Court a forum to inquire about such matters with counsel. The Court hereby schedules the first such conference for Friday, December 6, 2019, at 9 a.m. The Court directs lead counsel for plaintiffs to provide t he Court and the defense with a dial-in number for the call. Although other counsel on the case are of course welcome to audit the call, the Court expects that no more than three lawyers per side will participate on the call. The Court directs that, two days prior to the call, counsel submit a brief joint letter summarizing recent developments in the case and identifying the call participants for each side. (Telephone Conference set for 12/6/2019 at 09:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 11/19/2019) Filed In Associated Cases: 1:13-md-02481-PAE et al.(jwh)

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In re: Aluminum Warehousing Antitrust Litigation (1:13-md-02481-PAE)

U.S. District Court for the Southern District of New York

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