Ciuffitelli et al v. Deloitte & Touche LLP et al
| Oregon District Court | |
| Judge: | John V Acosta |
| Case #: | 3:16-cv-00580 |
| Nature of Suit | 370 Torts - Personal Property - Other Fraud |
| Cause | 28:1332 - Diversity: Securities Fraud |
| Case Filed: | Apr 04, 2016 |
| Terminated: | Dec 17, 2019 |
| Last checked: Saturday Oct 01, 2016 3:29 AM PDT |
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Defendant
Deloitte & Touche LLP
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Represented By
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Defendant
EisnerAmper LLP
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Represented By
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Defendant
TD Ameritrade, Inc.
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Represented By
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Defendant
Integrity Bank & Trust
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Represented By
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Defendant
Tonkon Torp LLP
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Represented By
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Defendant
Sidley Austin LLP
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Represented By
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Plaintiff
Andrew Nowak
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Represented By
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Plaintiff
Susan Warrick
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Represented By
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Plaintiff
Greg Warrick
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Represented By
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Plaintiff
William Ramstein
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Represented By
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Plaintiff
R.F. MacDonald Co.
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Represented By
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Plaintiff
Susan MacDonald
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Represented By
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Plaintiff
James MacDonald
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Plaintiff
Greg Julien
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Represented By
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Plaintiff
Angela Julien
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Represented By
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Plaintiff
Lawrence P. Ciuffitelli
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Represented By
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GPO
Nov 28 2016
OPINION and ORDER - For the reasons stated, the Accounting Firms' motions for protective order 139 and 143 are GRANTED in PART and DENIED in PART. IT IS SO ORDERED. DATED this 28th day of November, 2016, by United States Magistrate Judge John V. Acosta. (peg) |
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GPO
Feb 21 2017
OPINION AND ORDER: The Moving Defendants' motions (ECF Nos. 160, 171, and 175) for protective order are GRANTED IN PART and DENIED IN PART. Signed on 2/21/2017 by Magistrate Judge John V. Acosta. (kms) |
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GPO
Mar 01 2017
OPINION AND ORDER: The Intervenors' Motion (ECF No. 196) for Protective Order is DENIED. Signed on 3/1/2017 by Magistrate Judge John V. Acosta. (kms) |
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GPO
Apr 10 2017
AMENDED FINDINGS and RECOMMENDATION - The court should GRANT in part and DENY in part the Joint Motion to Dismiss 74, Deloittes Motion to Dismiss 85; EisnerAmpers Motion to Dismiss 78; Sidleys Motion to Dismiss 81; Tonkons Motion to Dismiss 80; Integritys Motion to Dismiss 95 and Ameritrades Motion to Dismiss 113. The court GRANTS in part and DENIES in part Deloittes Motion for Judicial Notice (#77). Objections to the Findings and Recommendation are due by 4/24/2017. Signed on 4/10/17 by Magistrate Judge John V. Acosta. (peg) |
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GPO
Jul 05 2017
OPINION and ORDER - Upon careful review, I agree with Judge Acostas recommendations and ADOPT the Amended Findings and Recommendation 242 as my own opinion. The Joint Motion to Dismiss and individual Motions to Dismiss 74, 78,80,81,85,95 and113 are GRANTED in part and DENIED in part. This matter is referred back to Judge Acosta for the issuance of anappropriate scheduling order, including a deadline for filing of Plaintiffs Second Amended Complaint. IT IS SO ORDERED. DATED this 5th day of July, 2017, by Chief United States District Judge, Michael W. Mosman. (peg) |
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GPO
Aug 01 2018
FINDINGS and RECOMMENDATION - Based on the foregoing the court resolves these Motions as follows: 1. Deloittes Request for Judicial Notice 280 is GRANTED; 2. Defendants Joint Motion to Dismiss the SAC 278 should beDENIED; 3. Deloittes Motion to Dismiss the SAC 277 should be GRANTEDIN PART as to claims against Deloitte for sales occurring before November30, 2013, specifically SAC 196(a), 197 (first sentence only), 198(a),199(b), and 200(a), and 201(a)&(b); Deloittes Motion should be DENIEDon all other grounds; 4. Sidleys Motion to Dismiss the SAC 272 should be GRANTED IN PART as to claims against Sidley for sales occurring before April 5, 2013, specifically SAC 197 (first sentence only), 198(a), 199(b), 200(a), and 201(a); Sidleys Motion should be DENIED on all other grounds;5. Duffs Motion to Dismiss the SAC 269 should be GRANTED INPART as to claims against Duff for sales occurring prior to February 2014,specifically SAC 196(a), 197(first sentence only), 198(a), 199(b), 200(a),and 201(a)&(b); Duffs Motion should be GRANTED IN PART as to claimsagainst Duff for the sale of securities other than ACOF and ACF, specificallySAC 196(c), 198(d), 199(c), and 202(a)&(b); Plaintiffs should be givenleave to re-plead their non-ACOF and non-ACF claims; Duffs Motionshould be DENIED on all other grounds; and 6. Ameritrades Motion to Dismiss the SAC 275 should be DENIED. The court further recommends that no further motions to dismiss be entertained. To the extent that Defendants Motions herein should be granted with leave for Plaintiffs to re-plead, the court observes that what is required of Plaintiffs to comport with this Findings and Recommendationis minimal and does not prevent Defendants from filing Answers. Accordi States Magistrate Judge John V. Acosta. (peg)ngly, the court recommends that any remaining issues concerning the sufficiency of the claims presented in the SAC be addressed on class certification (if appropriate) or summary judgment (if appropriate). SCHEDULING ORDER: The Findings and Recommendation will be referred to the Honorable Michael W. Mosmanfor review. Objections, if any, are due August 20, 2018. If no objections are filed, then the Findings and Recommendation will go under advisement on that date. If objections are filed, then a response is due fourteen (14) days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendation will go under advisement. DATED this 1st day of August, 2018, by United |
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GPO
Sep 21 2018
OPINION AND ORDER: Upon careful review, I agree with Judge Acosta's recommendations and ADOPT the Findings and Recommendation 340 as my own opinion.(See order for details) Signed on 9/21/2018 by Judge Michael W. Mosman. (kms) |
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GPO
Feb 21 2019
OPINION and ORDER - Upon careful review, I agree with Judge Acosta's analysis, and I affirm his Order (ECF #421) denying Deloitte's Motion to Compel Production of Plaintiffs' Financial Condition and Damages Documents. IT IS SO ORDERED. DATED this 21st day of February, 2019, by Chief United States District Judge Michael W. Mosman. (peg) |
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GPO
Mar 19 2019
FINDINGS and RECOMMENDATION - Based on the foregoing, the court recommends that Plaintiffs Amended Motion for Preliminary Approval of the Partial Settlement and Notice 350 should be granted. The court further recommends the following: (1) the "Class" as defined in Exhibit 1 (ECF No. 389-1) be provisionally certified; (2) the Order Preliminarily Approving Settlement and Providing for Notice(ECF No. 389-2) be entered; (3) the Plan of Allocation (ECF No. 389-3) be approved; ( 4) the Notice of Pendency and Proposed Settlement of Class Action (ECF No. 389-4) and the Summary Notice (ECF No. 389-5) be approved; (5) the Claims Administrator be approved; (6) the court appoints Hagens Berman Sobol Shapiro LLP and Stoll Stoll Berne Lokting & Schlacter P.C. as Class Co-LeadCounsel; and (7) the court follow the Proposed Schedule of Events set forth in the Amended Motion 350. SCHEDULING ORDER: The Findings and Recommendation will be referred to the Honorable Michael W. Mosman for review. Objections, if any, are due within fourteen (14) days. If no objections are filed, then theFindings and Recommendation will go under advisement on that date.If objections are filed, then a response is due within fourteen (14) days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendation will go under advisement. DATED this 19th day of March, 2019, by United States Magistrate Judge John V. Acosta (peg) Modified on 5/7/2019, to correct grammatical error. (peg) |
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GPO
May 29 2019
ORDER - The Court ADOPTS Magistrate Judge Acosta's Findings & Recommendation 481, and therefore, Plaintiffs' Amended Motion for Preliminary Approval of the Partial Settlement and Notice 350 is GRANTED. It is further Ordered that: (1) the "Class" as defined in Exhibit 1 (ECF 389-1) is provisionally certified; (2) the Order Preliminarily Approving Settlement and Providing for Notice (ECF 389-2) shall be entered; (3) the Plan of Allocation (ECF 389-3) is approved; (4) the Notice of Pendency and Proposed Settlement of Class Action (ECF 389-4) and the Summary Notice (ECF 389-5) are approved; (5) the Claims Administrator is approved; (6) the Court appoints Hagens Berman Sobol Shapiro LLP and Stoll Stoll Berne Lokting & Schlacter P.S. as Class Co-Lead counsel; and (7) the Proposed Schedule of Events set forth in the AmendedMotion is to be followed. IT IS SO ORDERED. DATED this 29th day of May, 2019, by United States District Judge Marco A. Hernandez. (peg) |
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GPO
Jul 15 2019
dified on 7/16/2019 (peg).FINDINGS and RECOMMENDATION Preliminarily Approving Tonkon Torp LLP Settlement and Providing Notice - (1) The Settlement Hearing shall be held before the Honorable John V. Acosta on Tuesday, November 26, 2019, at 9 a.m., at the Mark 0. Hatfield Courthouse, United States District Court for the District of Oregon, 1000 SW Third Ave., Portland, OR 97204. (2) Pending final determination of whether the Settlement should be approved or further order of the Court, the Court hereby stays all litigation of claims and related discovery between the Class and Tonkon in the Action, except as provided in the Stipulation and as necessary to carry out the terms and conditions of the Stipulation. (3) SCHEDULING ORDER: The Court will refer its Findings and Recommendation to a district judge. Objections, ifany, are due within fourteen (14) days. If no objections are filed, the Findings and Recommendation will go under advisement on that date. If objections are filed, a response is due within fourteen (14) days. When the response is due or filed, whichever date is earlier, the Findings and Recommendation will go under advisement. Dated this 15th day of July, 2019, by United States Magistrate Judge John V. Acosta. (peg) Modified on 7/16/2019 (peg). Mo |
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GPO
Jul 15 2019
FINDINGS and RECOMMENDATION Preliminarily Approving Integrity Settlement and Providing Notice (Motion 537) - (1) The Settlement Hearing shall be held before the Honorable John V. Acosta on Tuesday, November 26, 2019, at 9 a.m., at the Mark 0. Hatfield Courthouse, United States District Court for the District of Oregon, 1000 SW Third Ave., Portland, OR 97204. (2) Pending final determination of whether the Settlement should be approved or further order of the Court, the Court hereby stays all litigation of claims and related discovery between the Class and Integrity Bank & Trust, except as provided in the Stipulation and as necessary to carry out the terms and conditions of the Stipulation. (3) SCHEDULING ORDER: The Court will refer its Findings and Recommendation to a district judge. Objections, if any, are due within fourteen (14) days. If no objections are filed, the Findings and Recommendation will go under advisement on that date. If objections are filed, a response is due within fourteen (14) days. When the response is due or filed, whichever date is earlier, the Findings and Recommendation will go under advisement. Dated this 15th day of July, 2019, by United States Magistrate Judge John V. Acosta. (peg) Modified on 7/16/2019 to correct grammar. (peg) |
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GPO
Jul 15 2019
tigation of claims and related discovery between the Class on one hand and the Settling Defendants on the other, except as provided in the Stipulation and as necessary to carry out the terms and conditions of the Stipulation. (3) SCHEDULING ORDER: The Court will refer its Findings and Recommendation to a district judge. Objections, if any, are due within fourteen (14) days. If no objections are filed, the Findings and Recommendation will go under advisement on that date. If objections are filed, a response is due within fourteen (14) days. When the response is due or filed, whichever date is earlier, the Findings and Recommendation will go under advisement. Dated this 15th day of July, 2019, by United States Magistrate Judge John V. Acosta. (peg) Modified on 7/18/2019 to correct grammatical error. (peg)FINDINGS and RECOMMENDATION Preliminarily Approving Global Settlement and Providing Notice (Motion 573) - (1) The Settlement Hearing shall be held before the Honorable John V. Acosta on Tuesday, November 26, 2019, at 9:00 a.m., at the Mark 0. Hatfield Courthouse, United States District Court for the District of Oregon, 1000 SW Third Ave., Portland, OR 97204. (2) Pending final determination of whether the Settlement should be approved or further order of the Court, the Court hereby stays all li |
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GPO
Aug 07 2019
ORDER by Judge Hernandez -- The Court ADOPTS Magistrate Judge Acosta's Findings & Recommendations 579, 580 and 581, and therefore, Plaintiffs' Unopposed Motion for Preliminary Approval of Global Settlement 573, and Plaintiffs' Motion for Preliminary Approval of Partial Settlement with Integrity Bank 537 are granted. In a May 29, 2019, Order 566, the Court previously granted Plaintiffs' Amended Motion for Preliminary Approval of Partial Settlement with Tonkon Torp 350. Contemporaneously with this Order, the Court enters formal Orders Preliminarily Approving of the three settlements which were previously docketed as proposed orders at ECF 389-2, 537-1, and 573-1. The terms of those Orders are effective upon filing and govern all aspects of the settlement going forward. IT IS SO ORDERED. DATED this 7th day of August, 2019, by United States District Judge Marco A. Hernandez. (peg) |
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GPO
Nov 26 2019
FINDINGS and RECOMMENDATION - For the reasons stated, the court recommends the following: 1. The Class should be finally certified as a class action for purposes of these Settlements. The Class Representatives should be appointed as class representatives for the Class. Hagens Berman Sobol Shapiro LLP and Stoll Stoll Berne Lokting & Shlachter P.C. should be appointed as Lead Class Counsel and Banks Law Office, P.C. should be appointed as additional Class Counsel. 2. Plaintiffs' Motion for Final Approval of Class Action Settlement, 592 should be GRANTED. 3. The terms of the stipulated settlement agreements for each of: a) the Tonkon Settlement (Dkt. # 334-1 and Dkt. # 590-1); b) the Integrity Settlement (Dkt. # 538-1) and c) the Global Settlement (Dkt. # 574-1) should be incorporated into the final Order and should be APPROVED. Tonkon and Integrity's Motions for Joinder in Class Representatives' Request for Entry of a Limited Judgment of Dismissal (Dkts. #595 & #601) should be GRANTED. 4. The Court should approve the Plan of Allocation. 5. The Court should enter the final judgments as submitted to the Court and substantially as contemplated in each of the stipulations of settlement for each of: a) the Tonkon Settlement; b) the Integrity Settlement and c) the Global Settlement. 6. The parties to this proceeding, the parties to the Settlements and the Claims Administrator should perform their respective obligations under the Settlements and final Order. 7. Class Counsel's Motion for Award of Attorneys' Fees and Costs (Dkt. #596, as supplemented by Dkt. #610) should be GRANTED. 8. Class Counsel should awarded total attorneys' fees of $57,922,600 out of the common fund. The Claims Administrator should be ORDERED to pay the awarded attorneys' fees from the common fund as provided in the stipulations of settlement. 9. Class Counsel should be awarded costs of $208,884.66. The Claims Administrator should be ORDERED to pay the awarded costs to Class Counsel from the common fund as provided in the stipulations of settlement. 10. Each of the individual Class Representatives in this Action (Lawrence P. Ciuffitelli, Greg Julien, Angela Julien, James MacDonald, Susan MacDonald, William Ramstein, Greg Warrick and Susan Warrick) should be awarded an incentive award of $10,000 from the common fund (a total of $80,000) for their service in prosecuting this Action. The Claims Administrator should be ORDERED to pay these incentive awards to the Class Representatives from the common fund following the Effective Date of the Settlements. 11. The Court finds that during the course of this Action, all parties and their respective counsel at all times complied with the requirements of Fed. R. Civ. P.11. 12. The Court should reserve continuing and exclusive jurisdiction over the Settlements, including all future proceedings, if any, concerning the administration, consummation and enforcement of the settlement agreements. SCHEDULING ORDER: The Court will refer its Findings and Recommendation to U.S. District Judge Marco A. Hernandez. Objections, if any, are due within seven (7) days. If no objections are filed, the Findings and Recommendation will go under advisement on that date. If objections are filed, a response is due within seven (7) days. When the response is due or filed, whichever date is earlier, the Findings and Recommendation will go under advisement. DATED 26th day of November, 2019 by United States Magistrate Judge John V. Acosta. (pjg) |
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GPO
Dec 16 2019
ORDER: the Court ADOPTS Magistrate Judge Acosta's Findings and Recommendations 619, and therefore, 1. The Class is certified as a class action for purposes of these Settlements. The Class Representatives are appointed as class representatives for the Class. Hagens Berman Sobol Shapiro LLP and Stoll Stoll Berne Lokting & Shlachter P.C. are appointed as Lead Class Counsel and Banks Law Office, P.C. should be appointed as additional Class Counsel; 2. Plaintiffs' Motion for Final Approval of Class Action Settlement 592 is granted; 3. The terms of the stipulated settlement agreements for each of: a) the Tonkon Settlement [334-1; 590-1]; b) the Integrity Settlement [538-1]; and c) the Global Settlement [574-1] are incorporated into the final orders and are approved. Tonkon's and Integrity's Motions for Joinder in Class Representatives' Request for Entry of a Limited Judgment of Dismissal [595, 601] are granted; 4. The Plan of Allocation is approved; 5. Final Judgments as submitted to the Court and substantially as contemplated in each of the stipulations of settlement for each of: a) the Tonkon Settlement; b) the Integrity Settlement; and c) the Global Settlement, will be entered; 6. The parties to the proceedings, the parties to the Settlements and the Claims Administrator will perform their respective obligations under the Settlements and final Order; 7. Class Counsel's Motion for Award of Attorneys' Fees and Costs [596, 610], are granted; 8. Class Counsel is awarded a total attorneys' fees of $57,922,600 out of the common fund. The Claims Administrator is ordered to pay the awarded attorneys' fees from the common fund as provided in the stipulations of settlement; 9. Class Counsel is awarded costs of $208,884.66. The Claims Administrator is ordered to pay the awarded costs to Class Counsel from the common fund as provided in the stipulations of settlement; 10. Each of the individual Class Representatives (Lawrence Ciuffitelli, Greg Julien, Angela Julien, James MacDonald, Susan MacDonald, William Ramstein, Greg Warrick, and Susan Warrick), are awarded an incentive award of $10,000 from the common fund (a total of $80,000), for their service in prosecuting this Action. The Claims Administrator is ordered to pay these incentive awards to the Class Representatives from the common fund following the Effective Date of the Settlements; 11. The Court finds that during the course of this Action, all parties and their respective counsel at all times complied with the requirements of Federal Rule of Civil Procedure 11; 12. The Court reserves continuing and exclusive jurisdiction over the Settlements, including all future proceedings, if any, concerning the administration, consummation, and enforcement of the settlement agreements. IT IS SO ORDERED. DATED this 16th day of December, 2019, by United States District Judge Marco A. Hernandez. (pjg) |
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GPO
Jan 25 2021
Findings & Recommendation: Based on the above, the court recommends that the court enter an Order determining that Lake Avenue is the appropriate party to receive Northern Lights' pro-rata distribution from the Settlements. Scheduling Order: These Findings and Recommendations will be referred to U.S. District Judge Marco A. Hernandez. Objections, if any, are due within fourteen (14) days. If no objections are filed, then the Findings and Recommendations will go under advisement on that date. If objections are filed, then a response is due within fourteen (14) days after being served with a copy of the objections. When the response is due or filed, whichever date is earlier, the Findings and Recommendations will go under advisement. DATED this 25 day of January, 2021, by United States Magistrate Judge John V. Acosta. (pjg) |
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GPO
Feb 16 2021
ORDER: The Court ADOPTS Magistrate Judge Acosta's Findings and Recommendation 665 and finds Lake Avenue is the appropriate party to receive Northern Lights' pro-rata distribution from the Settlements. IT IS SO ORDERED. DATED: February 16, 2021 by United States District Judge Marco A. Hernandez. (pjg) Modified filed date on 2/18/2021 (pjg). |
| Docket last updated: 05/03/2024 11:59 PM PDT |
| Tuesday, February 16, 2021 | ||
| 670 | 670
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pgs
order
Order on Motion Order on Findings & Recommendation
Thu 02/18 1:26 PM
ORDER: The Court ADOPTS Magistrate Judge Acosta's Findings and Recommendation665 and finds Lake Avenue is the appropriate party to receive Northern Lights' pro-rata distribution from the Settlements. IT IS SO ORDERED. DATED: February 16, 2021 by United States District Judge Marco A. Hernandez. (pjg) Modified filed date on 2/18/2021 (pjg) |
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| 669 | 669
notice
Withdrawal of Attorney
Tue 02/16 5:32 PM
Notice of Attorney Withdrawal: Tammy Albarran Filed by N. Scott Gillis. (Sprague, William) |
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| Thursday, February 11, 2021 | ||
| 668 | 668
oth_evt
Returned Mail
Tue 02/16 11:21 AM
Mail Returned - Undeliverable: Findings & Recommendation665 and Order referring Findings & Recommendation 666 sent to Tammy Albarran returned as undeliverable. (joha) |
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