Case 1:12-cv-09350-VM-KNF Document 98 Filed 08/07
USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC#:
DATE FILED: 9/1 113
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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DAVID E. KAPLAN, ROXY D. SULLIVAN,
LINDSEY RANKIN, MICHAEL S. ALLEN,
GARY W. MUENSTERMAN, and CHI-PIN HSU,
Individually and on Behalf of All Others Similarly
Situated,
Plaintiffs,
ORDER
-against-
12 Civ. 9350 (VM)(KNF)
S.A.C. CAPITAL ADVISORS, L.P., S.A.C.
CAPITAL ADVISORS, INC., CR INTRINSIC
INVESTORS, LLC, CR INTRINSIC
INVESTMENTS, LLC, S.A.C. CAPITAL
ADVISORS, LLC, S.A.C. CAPITAL
ASSOCIATES, LLC, S.A.C. INTERNATIONAL
EQUITIES, LLC, S.A.C. SELECT FUND, LLC,
STEVEN A. COHEN, MATHEW MARTOMA,
and SIDNEY GILMAN,
Defendants,
X
KEVIN NATHANIEL FOX
UNITED STATES MAGISTRATE JUDGE
Counsel to the plaintiffs known as the Kaplan Plaintiffs, the plaintiffs known as the
Birmingham Plaintiffs, and defendant Mathew Martoma have submitted, jointly, a stipulation
and proposed order which purports to modify this Court's order dated July 19, 2013, by, among
other things, limiting the document production directed by that order.
The Court has reviewed the parties' submission and has concluded that it requires
elucidation. Therefore,
IT IS HEREBY ORDERED that, on or before August 9, 2013:
the parties to the stipulation advise the Court whether the documents
described in paragraph 1(a)(i) of the stipulation as those "with the Bates
prefix SAC ELAN', bearing dates during the period July 1, 2006 to
Case 1:12-cv-09350-VM-KNF Document 98 Filed 08/07/13 Page 2 of 2
August 30, 2008, to the extent related to the subject matter of this Action,
as reasonably determined by the USAO" correspond to the documents
identified in the Court's July 19, 2013 order as "trading records
evidencing trades in Elan Corporation, plc securities during the class
period set forth in the Consolidated Class Action Complaint, dated May
13, 2013," and, if so, the extent of the correspondence;
2.
the parties to the stipulation advise the Court whether the documents
described in paragraph 1 (a)(ii) of the stipulation as those "reflecting trades
in Elan Corporation, plc and Wyeth securities, short positions therein,
options thereon, and any other derivatives whose price is linked to the
trading price of such securities" correspond to the documents identified in
the Court's July 19, 2013 order as "trading records evidencing trades in
Elan Corporation, plc securities during the class period set forth in the
Consolidated Class Action Complaint, dated May 13, 2013," and, if so,
the extent of the correspondence; and
3.
the parties to the stipulation advise the Court, with respect to the
documents mentioned in paragraph 1(a) - ( 0 of the stipulation, to whom
those documents were produced in each instance.
Dated: New York, New York
August 7, 2013
SO ORDERED:
KEVIN NATHANIEL FOX
UNITED STATES MAGISTRATE JUDGE