US District Court Civil Docket as of October 10, 2013 Retrieved from the court on October 15, 2013 U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:13-cv-00933-ALC-HBP Louisiana Municipal Police Employees Retirement System v. Date Filed: 02/08/2013 Alterra Capital Holdings Limited et al Jury Demand: Plaintiff Assigned to: Judge Andrew L. Carter, Jr Nature of Suit: 850 Securities/Commodities Referred to: Magistrate Judge Henry B. Pitman Jurisdiction: Federal Question Cause: 28:1331 Fed. Question: Securities Violation Plaintiff Louisiana Municipal Police Employees represented by Stephen J. Oddo Retirement System Robbins Arroyo LLP Individually on behalf of itself and all 600 B Street, Suite 1900 others similarly situated San Diego, CA 92101 (619) 525-3990 Fax: (619) 525-3991 Email: soddo@robbinsarroyo.com TERMINATED: 04/22/2013 PRO HAC VICE Arshan Amiri Robbins Umeda & Fink, LLP 610 West Ash Street, Suite 1800 San Diego, CA 92101 (619)525-3990 Fax: (619)525-3990 TERMINATED: 04/22/2013 Brian Philip Murray Glancy Binkow & Goldberg LLP 122 East 42nd Street, Suite 2920 New York, NY 10168 212-682-5340 Fax: 212-884-0988 Email: bmurray@glancylaw.com Brian James Robbins Robbins Arroyo, LLP 600 "B" Street Suite 1900 San Diego, CA 92101 619-525-3990 Fax: 619-525-3991 Email: notice@robbinsarroyo.com TERMINATED: 04/22/2013 Eric J. O'Bell
Law Offices of Eric J. O'Bell, LLC 3500 Noth Hullen Street Metairie, LA 70002 (504)456-8677 Fax: (504)456-8624 PRO HAC VICE Gregory Bradley Linkh Glancy Binkow & Goldberg LLP (NYC2) 77 Water Street, 7th Floor New York, NY 10005 (646) 722-4180 Email: glinkh@glancylaw.com V Alterra Capital Holdings Limited Akin Gump Strauss Hauer & Feld LLP (NYC) One Bryant Park New York, NY 10036 212-872-1072 Fax: 212-872-1002 Email: rpees@akingump.com Akin Gump Strauss Hauer & Feld LLP (NYC) One Bryant Park New York, NY 10036 (212)872-1045 Fax: (212)872-1002 Email: sgulati@akingump.com W. Marston Becker Michael O'Reilly
James D. Carey Meryl D. Hartzband Willis T. King, Jr. James L. Zech
Mario P. Torsiello K. Bruce Connell James H. Macnaughton W. Thomas Forrester Stephen F. Newhouse
Andrew H. Rush Markel Corporation Commonwealth Merger Subsidiary Limited Date Filed 02/08/2013 # Docket Text 1 COMPLAINT against Alterra Capital Holdings Limited, W. Marston Becker, James D. Carey, Commonwealth Merger Subsidiary Limited, K. Bruce Connell, W. Thomas Forrester, Meryl D. Hartzband, Willis T. King, Jr, James H. Macnaughton, Markel Corporation, Stephen F. Newhouse, Michael O'Reilly, Andrew H. Rush, Mario P. Torsiello, James L. Zech. (Filing Fee $ 350.00, Receipt Number 465401059677)Document filed by Louisiana Municipal Police Employees Retirement System.(jd) (Entered: 02/11/2013) 02/08/2013 SUMMONS ISSUED as to Alterra Capital Holdings Limited, W. Marston Becker, James D. Carey, Commonwealth Merger Subsidiary Limited, K. Bruce Connell, W. Thomas Forrester, Meryl D. Hartzband, Willis T. King, Jr, James H. Macnaughton, Markel Corporation, Stephen F. Newhouse, Michael O'Reilly, Andrew H. Rush, Mario P. Torsiello, James L. Zech. (jd) (Entered: 02/11/2013) 02/08/2013 02/08/2013 02/08/2013 2 Magistrate Judge Henry B. Pitman is so designated. (jd) (Entered: 02/11/2013) Case Designated ECF. (jd) (Entered: 02/11/2013) STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (jd) (Entered: 02/11/2013) 02/11/2013 3 ENDORSED LETTER addressed to Judge Andrew L. Carter from Gregory B. Linkh dated 2/8/2013 re: In light of the foregoing, Plaintiff has demonstrated the requisite threat of irreparable harm and likelihood of success on the merits of its Exchange Act claim so as to
warrant the injunctive relief sought in its Motion. Accordingly, Plaintiff respectfully requests that it be given leave to file the Motion and have it heard in advance of the shareholder vote on the Proposed Merger, currently scheduled for February 26, 2013, which the Motion seeks to enjoin. ENDORSEMENT: Counsel who are located out-of - State may appear telephonically. Plaintiff should file their Motion for injunctive relief and serve copies on the other parties. The Court will hold a hearing on Plaintiff's Motion on February 14, 2013 at 2:00 p.m. in Courtroom TBA (Signed by Judge Andrew L. Carter, Jr on 2/11/2013) (js) (Entered: 02/13/2013) 02/13/2013 4 MOTION for Preliminary Injunction. Document filed by Louisiana Municipal Police Employees Retirement System.(Linkh, Gregory) (Entered: 02/13/2013) 02/13/2013 5 MEMORANDUM OF LAW in Support re: 4 MOTION for Preliminary Injunction.. Document filed by Louisiana Municipal Police Employees Retirement System. (Linkh, Gregory) (Entered: 02/13/2013) 02/13/2013 6 DECLARATION of Gregory B. Linkh in Support re: 4 MOTION for Preliminary Injunction.. Document filed by Louisiana Municipal Police Employees Retirement System. (Linkh, Gregory) (Entered: 02/13/2013) 02/14/2013 7 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Stephen J. Oddo to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8234420. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Louisiana Municipal Police Employees Retirement System. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Exhibit Certificate of Service)(Oddo, Stephen) Modified on 2/15/2013 (bwa). (Entered: 02/14/2013) 02/14/2013 8 MOTION for Stephen J. Oddo to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Louisiana Municipal Police Employees Retirement System. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Exhibit Certificate of Service)(Oddo, Stephen) (Entered: 02/14/2013) 02/14/2013 9 ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr. from Stephen J. Oddo dated 02/13/2013 re: I represent plaintiff Louisiana Municipal Police Employees Retirement System ("Plaintiff") in the above-captioned action (the "Action"). The parties now write to give Your Honor an update on the status of the case and to request that the hearing be continued until Friday February 22, 2013. ENDORSEMENT: The hearing on Plaintiff's Motion for Preliminary Injunction is rescheduled to February 22, 2013 at 10 a.m. in Courtroom 618. (Motion Hearing set for 2/22/2013 at 10:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 02/14/2013) (jcs) (Entered: 02/14/2013) 02/15/2013 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. 7 MOTION for Stephen J. Oddo to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8234420. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Certificate of Good Standing. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (bwa) (Entered: 02/15/2013) 02/15/2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 8 MOTION for Stephen J. Oddo to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff. MOTION for Stephen J. Oddo to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bwa) (Entered: 02/15/2013)
02/15/2013 10 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Alterra Capital Holdings Limited.(Gulati, Sunish) Modified on 2/20/2013 (lb). (Entered: 02/15/2013) 02/15/2013 11 NOTICE OF APPEARANCE by on behalf of Alterra Capital Holdings Limited, W. Marston Becker, James D. Carey, K. Bruce Connell, W. Thomas Forrester, Meryl D. Hartzband, Willis T. King, Jr, James H. Macnaughton, Stephen F. Newhouse, Michael O'Reilly, Andrew H. Rush, Mario P. Torsiello, James L. Zech (Gulati, Sunish) (Entered: 02/15/2013) 02/15/2013 12 NOTICE OF APPEARANCE by Robert Hardy Pees on behalf of Alterra Capital Holdings Limited, W. Marston Becker, James D. Carey, K. Bruce Connell, W. Thomas Forrester, Meryl D. Hartzband, Willis T. King, Jr, James H. Macnaughton, Stephen F. Newhouse, Michael O'Reilly, Andrew H. Rush, Mario P. Torsiello, James L. Zech (Pees, Robert) (Entered: 02/15/2013) 02/15/2013 13 NOTICE of of Withdrawal of Motion and Emergency Motion for Preliminary Injunction re: 6 Declaration in Support of Motion, 5 Memorandum of Law in Support of Motion, 4 MOTION for Preliminary Injunction.. Document filed by Louisiana Municipal Police Employees Retirement System. (Linkh, Gregory) (Entered: 02/15/2013) 02/20/2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney to RE-FILE Document 10 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (lb) (Entered: 02/20/2013) 02/20/2013 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate The Chubb Corporation for Alterra Capital Holdings Limited. Document filed by Alterra Capital Holdings Limited.(Gulati, Sunish) (Entered: 02/20/2013) 02/21/2013 15 ENDORSED LETTER addressed to Judge Andrew L. Carter, Jr. from Gregory B. Linkh dated 2/15/2013 re: Plaintiff has withdrawn the Motion for Preliminary Injunction. ENDORSEMENT: The motion for preliminary injunction is terminated. The 2/22/13 motion hearing is adjourned without a date. (Signed by Judge Andrew L. Carter, Jr on 2/21/2013) (cd) Modified on 2/25/2013 (cd). (Entered: 02/21/2013) 03/21/2013 16 ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Andrew L. Carter, Jr on 3/21/2013) (js) (Entered: 03/21/2013) 03/27/2013 17 MOTION for Eric J. O'Bell to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8361958. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Louisiana Municipal Police Employees Retirement System. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Linkh, Gregory) (Entered: 03/27/2013) 03/27/2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 17 MOTION for Eric J. O'Bell to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8361958. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bwa) (Entered: 03/27/2013) 04/02/2013 18 ORDER FOR ADMISSION PRO HAC VICE FOR ERIC J. O'BELL granting 17 Motion
for Eric J. O'Bell to Appear Pro Hac Vice. Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. (Signed by Magistrate Judge Henry B. Pitman on 4/2/2013) (ft) (Entered: 04/02/2013) 04/05/2013 19 NOTICE of of Withdrawal of Robbins Arroyo LLP as Counsel for Plaintiff. Document filed by Louisiana Municipal Police Employees Retirement System. (Linkh, Gregory) (Entered: 04/05/2013) 04/09/2013 20 ORDER FOR ADMISSION PRO HAC VICE FOR STEPHEN J. ODDO granting 8 Motion for Stephen J. Oddo to Appear Pro Hac Vice. (Signed by Magistrate Judge Henry B. Pitman on 4/8/2013) (cd) (Entered: 04/09/2013) 04/15/2013 21 MEMO ENDORSEMENT on re: 19 Notice (Other) filed by Louisiana Municipal Police Employees Retirement System. ENDORSEMENT: This document does not relieve Robbins Arroyo LLP of its duties as counsel of record. See Local Civil Rule 1.4. (Signed by Magistrate Judge Henry B. Pitman on 4/15/2013) (lmb) Modified on 4/17/2013 (lmb). (Entered: 04/15/2013) 04/19/2013 22 MOTION for Robbins Arrroyo LLP to Withdraw as Attorney for Louisiana Municipal Police Employees Retirement System. Document filed by Louisiana Municipal Police Employees Retirement System.(Linkh, Gregory) (Entered: 04/19/2013) 04/19/2013 23 MEMORANDUM OF LAW in Support re: 22 MOTION for Robbins Arrroyo LLP to Withdraw as Attorney for Louisiana Municipal Police Employees Retirement System.. Document filed by Louisiana Municipal Police Employees Retirement System. (Linkh, Gregory) (Entered: 04/19/2013) 04/19/2013 24 DECLARATION of Stephen J. Oddo in Support re: 22 MOTION for Robbins Arrroyo LLP to Withdraw as Attorney for Louisiana Municipal Police Employees Retirement System.. Document filed by Louisiana Municipal Police Employees Retirement System. (Linkh, Gregory) (Entered: 04/19/2013) 04/22/2013 25 ORDER GRANTING UNOPPOSED MOTION FOR WITHDRAWAL OF COUNSEL 22 Motion to Withdraw as Attorney. Robbins Arroyo LLP and its attorneys are hereby withdrawn as counsel of record for plaintiff Louisiana Municipal Police Employees Retirement System ("LAMPERS") in the above-referenced action. The O'Bell Law Firm, LLC and the Brannon Law Firm, LLC will continue to serve as counsel of record for plaintiff LAMPERS, and Glancy Binkow & Goldberg LLP will serve as local counsel for plaintiff LAMPERS in the action. Attorney Stephen J. Oddo; Brian James Robbins and Arshan Amiri terminated. IT IS SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/22/2013) (rsh) Modified on 4/22/2013 (rsh). (Entered: 04/22/2013) 04/22/2013 26 MEMO ENDORSEMENT on 22 MOTION for Robbins Arrroyo LLP to Withdraw as Attorney for Louisiana Municipal Police Employees Retirement System filed by Louisiana Municipal Police Employees Retirement System. ENDORSEMENT: MOTION GRANTED. (Signed by Magistrate Judge Henry B. Pitman on 4/22/2013) (ft) (Entered: 04/22/2013) 06/26/2013 27 MOTION to Approve Preliminary Approval of Settlement and Certification of Settlement Class. Document filed by Louisiana Municipal Police Employees Retirement System.(Linkh, Gregory) (Entered: 06/26/2013) 06/26/2013 28 MEMORANDUM OF LAW in Support re: 27 MOTION to Approve Preliminary Approval of Settlement and Certification of Settlement Class.. Document filed by Louisiana Municipal Police Employees Retirement System. (Linkh, Gregory) (Entered: 06/26/2013)
06/26/2013 29 DECLARATION of Eric O'Bell in Support re: 27 MOTION to Approve Preliminary Approval of Settlement and Certification of Settlement Class.. Document filed by Louisiana Municipal Police Employees Retirement System. (Linkh, Gregory) (Entered: 06/26/2013) 07/29/2013 30 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 27 MOTION to Approve Preliminary Approval of Settlement and Certification of Settlement Class.. Document filed by Louisiana Municipal Police Employees Retirement System. (Linkh, Gregory) (Entered: 07/29/2013) 08/05/2013 31 ORDER: 1. The Court hereby grants preliminary approval of the proposed Settlement upon the terms and conditions set forth in the Agreement. The Court preliminarily finds that the terms of the proposed Settlement are fair, adequate and reasonable and comply with Rule 23(e) of the Federal Rules of Civil Procedure. The Court further finds that, for purposes of the Class are so numerous that joinder is impracticable, (c) there are questions of law and fact common to the Settlement Class members which predominate over any individual questions, (d) the representative plaintiff's claims are typical of the claims of the Settlement Class members, (e) the Class Representatives and Class Counsel have fairly, adequately, reasonably, and competently represented and protected the interests of the Settlement Class throughout the litigation, and (f) a class action is superior to other available methods for the fair and efficient adjudication of the controversy. 2. The Court certifies, for settlement purposes only, a non-opt-out Settlement Class pursuant to Fed. R. Civ. P. 23(b)(l) consisting of all record holders and beneficial owners of Alterra common stock who held such stock at any time during the period beginning on and including December 19, 2012, through and including May 1, 2013, including any and all of their respective successors-in-interest, successors, predecessors-in-interest,predecessors, representatives, trustees, executors, administrators, estates, heirs, assigns or transferees, immediate and remote, and any Person acting for or on behalf of, or claiming under, any of them, and each of them, together with their respective successors-in interest,successors, predecessors-in-interest, predecessors, representatives, trustees,executors, administrators, estates, heirs, assigns and transferees. Excluded from the Settlement Class are the s and their respective immediate family members,directors, partners, direct or indirect parent or subsidiary entities, and any other Person over whom or which any exercises sole or exclusive control. 3. For the purposes of this Settlement, Plaintiff is provisionally appointed as representative of the Settlement Class ("Class Representative"), and pursuant to Fed. R. Civ. P. 23(g),O'Bell, LLC, the Brannon Law Firm, LLC and Glancy Binkow & Goldberg LLP are provisionally appointed as Class Counsel for the Settlement Class. All other provisions as further set forth in this order.settlement,( Settlement Conference set for 10/25/2013 at 10:00 AM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 8/5/2013) (js) Modified on 8/6/2013 (js). (Entered: 08/06/2013) 10/10/2013 32 MOTION to Approve (1) Final Approval of Settlement; (2) Certification of Settlement Class, and (3) Approval of Request for an Award of Attorneys' Fees and Expenses. Document filed by Louisiana Municipal Police Employees Retirement System.(Linkh, Gregory) (Entered: 10/10/2013) 10/10/2013 33 MEMORANDUM OF LAW in Support re: 32 MOTION to Approve (1) Final Approval of Settlement; (2) Certification of Settlement Class, and (3) Approval of Request for an Award of Attorneys' Fees and Expenses. MOTION to Approve (1) Final Approval of Settlement; (2) Certification of Settlement Class, and (3) Approval of Request for an Award of Attorneys' Fees and Expenses.. Document filed by Louisiana Municipal Police Employees Retirement System. (Linkh, Gregory) (Entered: 10/10/2013) 10/10/2013 34 DECLARATION of Eric J. O'Bell in Support re: 32 MOTION to Approve (1) Final I Approval of Settlement; (2) Certification of Settlement Class, and (3) Approval of Request
for an Award of Attorneys' Fees and Expenses. MOTION to Approve (1) Final Approval of Settlement; (2) Certification of Settlement Class, and (3) Approval of Request for an Award of Attorneys' Fees and Expenses.. Document filed by Louisiana Municipal Police Employees Retirement System. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Linkh, Gregory) (Entered: 10/10/2013) Note: Links in this docket are stored in the PACER system ( Public Access to Court Electronic Records). PACER is a service of United States Judiciary. To view and retrieve the linked documents from PACER, you must be a registered user. To register, fill out one of the registration forms available on the PACER site. The United States Congress has given the Judicial Conference of the United States, the judicial governing body of the U.S. Federal Courts, authority to impose user fees for electronic access to case information. For more information visit the PACER site at http://pacer.psc.uscourts.gov/pacerdesc.html