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11-6460 - BECKER v. THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. et al


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11-6460 - BECKER v. THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. et al
March 23, 2016
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MEMORANDUM AND OPINION. SIGNED BY HONORABLE LEGROME D. DAVIS ON 3/23/16. 3/23/16 ENTERED & E-MAILED.(fdc)
March 23, 2016
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MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON COUNT I OF THE COMPLAINT IN BECKER I IS DENIED. PLAINTIFF'S AND DEFENDANTS' CROSS-MOTIONS FOR SUMMARY JUDGMENT ON COUNT III OF THE COMPLAINT IN BECKER I ARE DENIED. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ON COUNT I OF THE COMPLAINT IN BECKER II IS GRANTED IN PART, AND DENIED IN PART, AND DEFENDANTS' CROSS-MOTION FOR SUMMARY JUDGMENT ON COUNT I OF THE COMPLAINT IN BECKER II IS DENIED. PLAINTIFF'S AND DEFENDANTS' CROSS-MOTIONS FOR SUMMARY JUDGMENT ON COUNT III OF THE COMPLAINT IN BECKER II ARE DENIED. PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT ON DEFENDANT BNYM'S COUNTERCLAIM [#48] IS GRANTED, IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANTS. DEFENDANTS' CROSS-MOTION FOR SUMMARY JUDGMENT ON THE COUNTERCLAIM IS DENIED. THE COUNTERCLAIM IS DISMISSED IN ITS ENTIRETY, WITH PREJUDICE. DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT ON COUNTS II, IV, AND V OF THE COMPLAINT IN BECKER II, AND DEFENDANTS' REQUEST FOR SUMMARY JUDGMENT ON THE COMPLAINT'S DEMAND IN BECKER II FOR EXEMPLARY AND PUNITIVE DAMAGES, ARE DENIED. THE CLERK OF COURT IS RESPECTFULLY DIRECTED TO TERMINATE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT [#125], DEFENDANT'S MOTION FOR SUMMARY JUDGMENT [#126], AND DEFENDANT BNYM'S COUNTERCLAIM [#48], FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE LEGROME D. DAVIS ON 3/23/16. 3/23/16 ENTERED & E-MAILED.(fdc)
October 5, 2016
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MEMORANDUM AND OPINION. SIGNED BY HONORABLE LEGROME D. DAVIS ON 10/5/16. 10/5/16 ENTERED & E-MAILED.(fdc) (Main Document 146 replaced on 10/28/16 pursuant to Judge Davis' Order of 10/28/16 [#148]) (fdc). Modified on 10/28/16 (fdc).
October 5, 2016
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ILED.(fdc)MEMORANDUM AND ORDER THAT PLAINTIFF LEONARD BECKER'S MOTION FOR CLASS CERTIFICATION [#67] IS GRANTED. UNDER FRCP 23(A) AND 23(B)(3), THE CLAIMS STATED IN THESE CONSOLIDATED CIVIL ACTIONS NO. 11-6460 AND NO. 12-6412 ARE CERTIFIED AS A CLASS ACTION. UNDER FRCP 23(A)(4), PLAINTIFF LEONARD BECKER IS CERTIFIED AS THE CLASS REPRESENTATIVE. UNDER FRCP 23(G), THE LAW FIRM BARRACK, RODOS & BACINE IS APPOINTED AS CLASS COUNSEL. SIGNED BY HONORABLE LEGROME D. DAVIS ON 10/5/16. 10/5/16 ENTERED & E-MA
October 28, 2016
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MEMORANDUM AND OPINION. THIS MEMORANDUM ACCOMPANIES THE ORDER ENTERED 9/30/16 [#145], DENYING DEFENDANTS' MOTION FOR RECONSIDERATION [#138]. SIGNED BY HONORABLE LEGROME D. DAVIS ON 10/27/16. 10/28/16 ENTERED & E-MAILED.(fdc)