Hildene Capital Management, LLC v. American Bankers Association
- Katherine Failla
- 1:22-cv-01929
- U.S. District Court · Southern District of New York
- 3
In Hildene Capital Management, LLC v. American Bankers Association, Judge Failla extended defendants’ response deadline and changed the scheduled conference.
The defendants and plaintiffs in the identified case, as well as participants in the related proposed class action, were affected by the revised response deadline and conference schedule.
What happened
In Hildene Capital Management, LLC v. American Bankers Association, the defendants asked for more time to respond to plaintiffs’ request for a conference about a proposed partial summary-judgment motion. They also raised possible consolidation with a related case and appointment of temporary class counsel.
The court granted the application. It extended the defendants’ response deadline to May 18, 2022, and changed the June 1 initial pretrial conference into a conference about the proposed motions. The parties could suggest different dates because of a scheduling conflict.
Judge Katherine Polk Failla also directed the clerk to terminate the pending motion at docket entry 40. The order did not decide the proposed summary-judgment motion, the possible consolidation, or the appointment of temporary class counsel.
The detailed version
- Hildene Capital Management, LLC v. American Bankers Association · No. 1:22-cv-01929
- Katherine Failla
- Apr. 22, 2022
Background
The defendants requested an extension of time to respond to plaintiffs’ April 20, 2022 letter seeking a pre-motion conference about a proposed motion for partial summary judgment. The defendants said the request raised timing and sequencing issues because the case was at an early stage, no temporary class counsel had been appointed, and the proposed class had not yet been certified.
The defendants also asked the court to consider the relationship between this case and a related action brought by Dinosaur Financial Group LLC. They said the two cases involved largely overlapping proposed classes and related antitrust claims, and they anticipated seeking consolidation and appointment of temporary class counsel. The defendants proposed using the scheduled initial pretrial conference for these issues and stated that they would seek to delay their responses to the complaints until the court ruled on consolidation.
Ruling
Judge Katherine Polk Failla granted the application. The court extended the defendants’ deadline to respond to the plaintiffs’ pre-motion letter about partial summary judgment to May 18, 2022. It converted the initial pretrial conference scheduled for June 1, 2022, into a pre-motion conference to discuss both the plaintiffs’ contemplated motion and the defendants’ contemplated motion to consolidate and designate temporary class counsel. The parties could propose alternative conference dates because of a scheduling conflict. The clerk was directed to terminate the pending motion at docket entry 40.
The order addressed scheduling and case-management matters only. It did not rule on the merits of the proposed partial-summary-judgment motion, consolidation, or appointment of temporary class counsel.
Textual identification note
Although the supplied case information identifies this matter as Hildene Capital Management, LLC v. American Bankers Association, the opinion text is a filing in, or endorsed application associated with, the related action identified in the text as Dinosaur Financial Group LLC et al. v. CUSIP Global Services et al. The text does not fully resolve that discrepancy.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.