Puda Coal Inc PUDA

Major tactical change for Puda Case

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Full docket text for document 305: MEMORANDUM DECISION & ORDER granting (282) Motion to Amend/Correct (47 in 1:11-cv-02598-KBF) Amended Complaint in case 1:11-cv-02598-KBF. Plaintiffs' motion for leave to file an amended complaint (ECF No. 282) and Trellus Management Company LLC's motion for an indicative ruling (ECF No. 288) are GRANTED. The Clerk of Court shall close the motion at ECF No. 282. The hearing to show cause scheduled for Monday, March 10, 2014 at 2:00 p.m. is ADJOURNED. Plaintiffs shall notify the Court no later than Friday, February 28, 2014, if they intend to withdraw their appeal, move for a remand from the Second Circuit, and submit a Rule 60(b) motion for a grant of their motion for intervention in this Court. Plaintiffs shall file and serve their amended complaint no later than Friday, February 28, 2014. The parties shall confer as to how the amended complaint and Trellus's intervention in the action affect the dispositive motion schedule. The parties shall appear for a status conference to discuss these issues on Monday, March 10,2014, at 2:00 p.m.. (Signed by Judge Katherine B. Forrest on 2/21/2014) Filed In Associated Cases: 1:11-cv-02598-KBF et al. (jar) The March 10th hearing has been changed to a "status conference"" to discuss what this means for the docket schedule. Much more work for the judge, but it looks like she has agreed to make bench rulings on the requests by both Trellus and the lead plaintiffs motion for leave to amend the complaint. She wants the amended complaint by the 28th of Feb, and she wants to discuss the schedule with all of them on the 10th of March. It appears she has given up on the idea that this case will be judge or go to trial in March of 2014.. No way this happens now...No way...

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KATHERINE B. FORREST, District Judge: For the following reasons, plaintiffs' motion for leave to file an amended complaint (ECF No. 282) and Trellus Management Company LLC's motion for an indicative ruling (ECF No. 288) are GRANTED. 1. PLAINTIFFS' AMENDED COMPLAINT On February 17, 2014, plaintiffs responded to the Court's order to show cause as to why plaintiffs' amended

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Finally, plaintiffs were unable to obtain the so-called "smoking gun" document until recently even through the exercise of due diligence. See id. at 88 (quoting Saud v. Bank of New York, 929 F.2d 916,920 (2d Cir. 1991». Accordingly, res judicata does not bar plaintiffs complaint. Plaintiffs unopposed motion for leave to file an amended complaint in order to add a claim against

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I am going to except the rest of this as it is deep into the legal precedent weeds... To obtain relief from a judgment pursuant to Rule 60(b)(2), a party must demonstrate, inter alia, that "(1) the newly discovered evidence was of facts that existed at the time of trial or other dispositive proceeding, (2) the movant must have been justifiably ignorant of them despite due diligence, [and] (3)