Zacarias v. Official Stanford Int'l Bank, Ltd.
Opinion of the Court
*387The Securities and Exchange Commission filed a complaint in the Northern District of Texas against Robert Allen Stanford, the Stanford International Bank, and other Stanford entities, alleging "a massive, ongoing fraud." Invoking the court's long-held statutory authority, the Commission requested that the district court take custody of the troubled Stanford entities and delegate control to an appointed officer of the court. The court did so, appointing Ralph Janvey as receiver to "collect" and "marshal" assets owed to the Stanford entities, and to distribute these funds to their defrauded investors to honor commitments to the extent the receiver's efforts recouped monies from the Ponzi-scheme players.
The receiver has pursued persons and entities allegedly complicit in Stanford's Ponzi scheme. Through settlements with these third parties, the receiver retrieved investment losses, which it then distributed pro rata to investors through a court-supervised claims process. Four years into this ongoing process, the receiver sued two of Stanford's insurance brokers as participants in the fraudulent scheme. As with the receiver's other suits, monies it recovered from this suit would be distributed by the receiver pro rata to investor claimants. After years of litigation, the insurance brokers, negotiating for complete peace, agreed to settle conditioned on bar orders enjoining related Ponzi-scheme suits filed against the brokers. The district court entered the bar orders and approved the settlements. Certain objectors bring this appeal challenging the district court's jurisdiction and discretion to enter the bar orders. We affirm.
I.
A.
The story is well known. Under the operation of Robert Allen Stanford, the Antigua-based Stanford International Bank issued certificates of deposit, (SIB CDs) and marketed them throughout the United States and Latin America.
Here, the receiver alleges that, to support their marketing activities, the Stanford entities purchased insurance policies through their insurance brokers, Bowen, Miclette & Britt, Inc. (BMB) from the 1990s and Willis from 2004. As the receiver describes their role, the Stanford entities then touted insurance policies covering the Bank in its marketing materials. Promotional *388materials presented the Bank's unique insurance coverage, describing a gauntlet of audits and risk analyses the Bank passed to satisfy its insurers, perpetuating the impression that Bank deposits were fully insured. They were distributed widely and were routinely distributed to Stanford's client base. BMB and later Willis also provided letters of coverage to Stanford financial advisors, often originally drafted by Stanford personnel. These letters described the Stanford International Bank's management as "first class business people," and described how the brokers "placed" Lloyd's of London insurance policies for the Bank. Letters and promotional materials did not disclose the policies' true coverage.
Stanford's marketing efforts succeeded. Insurance played a central role in the Bank's overall attractiveness to investors. Not only prospective investors who directly viewed the brokers' letters, but also the Bank's client base more generally, were drawn to the combination of relatively high rates of return and purportedly comprehensive insurance coverage. Over two decades, the Bank issued more than $7 billion in SIB CDs to investors.
Maturing CDs were redeemed with new investors' principal payments.
B.
The Stanford Ponzi scheme collapsed in the wake of the 2008 financial crisis, when the stream of new depositors ran dry.
The district court appointed Ralph Janvey as receiver, with authority to take immediate, complete, and exclusive control of the Stanford entities, and to recover assets "in furtherance of maximum and timely disbursement ... to claimants."
The district court approved a process by which Stanford investors, including investors in SIB CDs, could file claims against the Stanford entities with the receiver, and, if approved, participate in distributions of the receivership's assets. The order set a deadline of 120 days for claimants to submit proofs of claim against the receivership entities. The receiver would evaluate the claims, subject to an appeal process and judicial review in the district court. Would-be claimants who failed to submit claims by the deadline were enjoined from later asserting claims against the receivership and its property. The court ordered the receiver to provide notice of the deadline to all "Stanford International Bank, Ltd. certificate of deposit account holders who had open accounts as of February 16, 2009 and for whom the Receiver has physical addresses from the books and records of Stanford International Bank, Ltd." The court also ordered the receiver to publish notice on its website and in the New York Times , Wall Street Journal , Financial Times , Houston Chronicle , and newspapers in the British Virgin Islands, Antigua, and Aruba.
Of the Plaintiffs-Objectors, 477 of 509-approximately 94 percent-have and will continue to recover as claimants in the receivership's distribution process.
C.
The receiver identified and pursued persons and entities as participants in the Ponzi scheme to recover funds for distribution to investor-claimants. Armed with a receiver's authority to provide total peace, it sued, among others, an accounting firm, BDO USA LLC, ultimately settling the suit for $40 million, the Adam & Reese law firm and other individuals and settling for around $4 million, and consultant Kroll LLC and its affiliate, settling for $24 million. In each of these suits, the district court entered a bar order requested by the parties, enjoining related claims against the defendants arising out of the Stanford Ponzi scheme. Receivership claimants including Plaintiffs-Objectors with approved claims recovered pro rata from the funds gathered in these receivership actions without challenge to the bar orders.
Five months after the appointment of the receiver, individual investor Samuel Troice and other investors filed a putative *390class action in the district court on behalf of a class of SIB CD investors against BMB and Willis of Colorado and related entities ("the Original Troice Action").
In October 2013, Troice and another individual investor, Manuel Canabal, joined the receiver's prosecution of a case against the same insurance brokers. Together with these two individuals and the Investors' Committee, the receiver filed a complaint against Willis of Colorado and its affiliates (collectively "the Willis Defendants"),
(1) that Willis and BMB knowingly or recklessly aided, abetted, or participated in the Stanford directors' and officers' breaches of fiduciary duties towards the receivership entities, *391resulting in exponentially increased liabilities and the misappropriation of billions of dollars;
(2) that Willis and BMB violated their duty of care towards the receivership entities by enabling and participating in the Stanford directors' and officers' Ponzi scheme, resulting in exponentially increased liabilities and the misappropriation of billions of dollars;
(3) that Willis and BMB were unjustly enriched by proceeds of the Ponzi scheme, paid out to the defendants by Stanford's directors and officers, transfers made with the intent to hinder, delay or defraud the receivership entities;14
(4) that Willis and BMB knowingly or recklessly aided, abetted, or participated in the Stanford directors' and officers' fraudulent transfers of receivership entities' assets to third parties, including Stanford's insurers, the recipients of Stanford's investments in ventures and real estate, and Allen Stanford himself, with the intent to hinder, delay, or defraud the receivership entities;
(5) that Willis and BMB breached their duties of care to the receivership entities in their hiring, supervision, and retention of employees who issued comfort letters in furtherance of the Stanford Ponzi scheme, causing exponentially increased liabilities and the misappropriation of billions of dollars;
(6) that Willis and BMB conspired with Stanford directors and officers to use insurance as a marketing tool to sell SIB CDs in furtherance of the Ponzi scheme, harming the receivership entities. The district court dismissed this civil conspiracy claim, however, holding that the receiver and the Investors' Committee failed to allege the requisite state of mind to sustain the claim.
In March 2014, the district court consolidated the Receivership Action and the Original Troice Action for purposes of discovery, keeping the cases on separate dockets.
D.
On February 14, 2013, five groups of individual investors (collectively "the Florida Plaintiffs-Objectors") filed lawsuits against Willis entities in Florida state court, seeking compensation for the plaintiffs' alleged Ponzi-scheme losses, in excess of $130 million, under common law theories of negligence and fraud. Willis removed these cases to federal court, where they were transferred to Judge Godbey in the Northern District of Texas. The district court remanded one of the cases to Florida state court for lack of diversity, subject to a stay, and kept the remaining cases.
In 2009 and 2011, two groups of individual investors ("the Texas Plaintiffs-Objectors" collectively) filed lawsuits against Willis entities and BMB in Texas state court,
In 2016, a group of Stanford investors ("the Able Plaintiffs-Objectors") filed a suit against Willis in the district court for the Northern District of Texas under common law and statutory theories, seeking recovery of their alleged Ponzi-scheme losses in excess of $135 million.
E.
Meanwhile, the receiver and Investors' Committee continued prosecuting their claims against the Willis Defendants and BMB. After years of litigation, thousands of hours of investigating the claims, and two mediations, the parties to the Receivership Action agreed to terms of settlement-a release of claims against BMB for $12.85 million, to be paid into the receivership and distributed to receivership claimants who held SIB CDs as of February 2009, and a release of claims against the Willis Defendants in exchange for $120 million, also to be paid into the receivership and distributed to claimants holding SIB CDs as of February 2009. Both BMB and the Willis Defendants conditioned their agreement on global resolution of claims arising out of the Stanford Ponzi scheme. Specifically, they conditioned agreement on the district court entering bar orders enjoining Stanford-Ponzi-scheme-related claims against them. Troice and Canabal do not challenge the settlement, and release any claims except their right to participate in the distribution of the receivership.
In November 2016, the district court gave notice of the settlement to interested parties. In August 2017, the district court approved the settlements and entered the bar orders over the objections of the Florida, Texas, and Able Plaintiffs-Objectors. The Plaintiffs-Objectors appealed.
II.
A.
The Plaintiffs-Objectors argue that the district court lacked subject matter *393jurisdiction to bar claims not before the court. Alternatively, they argue the bar orders were an improper exercise of the district court's power over the receivership. We review the district court's subject matter jurisdiction de novo,
1.
In the aftermath of the 1929 financial crash, Congress passed a number of statutes to promote competition and free exchange in our country's securities exchanges and the market for unlisted securities.
*394Exercising their jurisdiction under the securities laws, federal district courts can utilize the receivership mechanism where a troubled entity will not be able to satisfy all of its liabilities to similarly situated creditors.
For this exercise, the federal district courts draw upon "the power ... [to] impose a receivership free of interference in other court proceedings."
Courts of Appeals have upheld orders enjoining broad classes of individuals from taking any action regarding receivership property. Such orders can serve as an important tool permitting a district court to prevent dissipation of property or assets subject to multiple claims in various locales, as well as preventing piecemeal resolution of issues that call for a uniform result.36
These can include stays of claims in other courts against the receivership,
SEC v. Kaleta illustrates this central role of the federal district court.
The Tenth Circuit reached a similar conclusion. In SEC v. DeYoung , the SEC sued retirement-account administrator APS, and, as here, the district court took custody of the troubled company and appointed a receiver.
The district court will exercise its "broad equitable power in this area"
This litigation is one of several ancillary suits under the primary SEC action that enforces the federal securities laws against Robert Allen Stanford and his Ponzi-scheme co-conspirators.
The Plaintiffs-Objectors repeatedly urge that their claims are independent and distinct from those asserted by the receiver and Investors' Committee. The Plaintiffs-Objectors argue that the bar orders entail the district court's assertion of jurisdiction to settle their claims pending in other judicial proceedings. They are mistaken. It is necessarily the case that where a district court appoints a receiver to coordinate interests in a troubled entity, that entity's creditors will have hypothetical claims they could independently bring but for the receivership: the receivership exists precisely to gather such interests in the service of equity and aggregate recovery. While claims seeking recovery for Ponzi-scheme harms can sound in tort, contract, or numerous other causes of action, the harms arise from a singular scheme, not isolated acts-that is, from a composite of conduct by numerous conspirators taken over years, collectively establishing and perpetuating the fraud.
The Stanford Ponzi scheme, and Willis and BMB's participation in it, increased the receivership entities' liabilities and misappropriated its funds, such that those liabilities could not be satisfied; SIB CD investors were saddled with the corresponding lost investments. The Stanford International Bank, and hence SIB CD investors-attracted by the promise of high returns plus comprehensive insurance-were injured by these alleged Ponzi players who created, amplified, and maintained the fraud. The Plaintiffs-Objectors seek to recover assets directly from Willis and BMB to compensate lost investments in the Stanford entities; the receiver and Investors' Committee attempt to recover from the same defendants to satisfy corresponding liabilities to investors through the receivership's distribution process. To the point, the claims of the Plaintiffs-Objectors' and those of the receiver and Investors' Committee seek recovery to address the same harms sustained by the same conduct in the same Ponzi scheme.
By entering the bar orders, the district court recognizes the reality that, given the finite resources at issue in this litigation, Stanford's investors must recover Ponzi-scheme losses through the receivership distribution process. The Willis Defendants and BMB contend that the bar orders are preconditions of their respective settlements. The brokers' incentives to settle are reduced-likely eliminated-if each SIB CD investor retains an option to pursue full recovery in individual satellite litigation. Such resolution is no resolution. And the costs of undermining this settlement are potentially large. The receivership-and thus qualifying investor claimants-will be deprived of $132 million in *398settlement proceeds. Continued prosecution of the receiver and Investors' Committee's suit against Willis and BMB could result in the same if not greater recovery, but this is sheer speculation. Further, any potential value of the receiver's ultimate recovery must be reduced by the costs of prolonged litigation over the same assets, not only in the receiver's own action but also in the Plaintiffs-Objectors' myriad satellite suits, into which the receivership is likely to be drawn. Supposing that Willis, an allegedly deep-pocketed defendant, remains able to satisfy any judgment against it, the same cannot be said of BMB: continued litigation would eat away at the limited funds available under its "wasting" insurance policy.
Our decision is consistent with this court's decision in SEC v. Stanford International Bank, Limited. (Lloyds ) reviewing bar orders entered by the same receivership court in connection with the Stanford receiver's $65 million settlement with insurance underwriters.
In this appeal we address only the effect of the Willis and BMB bar orders enjoining third-party investors' claims. The receiver initiated suit, negotiated, and settled with the Willis Defendants and BMB while empowered to offer global peace, that is, to deal with potential investor holdouts like the Plaintiffs-Objectors. These holdouts have been content for the receiver to pursue litigation for their benefit, then to participate as receivership claimants, collecting pro rata. Now, however, they ask to jump the queue, come what may to their fellow claimants who remain within the receivership distribution process. At bottom, the Plaintiffs-Objectors seek special treatment: they ask this court to recreate the collective-action problem that Congress sought to eliminate so that they-and no one else-can recover in full. We will not do so. The bar orders-enjoining these investors' third-party claims-fall well within the broad jurisdiction of the district court to protect the receivership res. The exercise of jurisdiction over a receivership is not an exercise of jurisdiction over other judicial proceedings. It rather permits the barring of such proceedings *399where they would undermine the receivership's operation.
2.
" '[T]he district court has ... wide discretion to determine the appropriate relief in an equity receivership.' "
B.
Under the Anti-Injunction Act, "[a] court of the United States may not grant an injunction to stay proceedings in a State court except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments."
The district court exercises jurisdiction over the receivership estate. The particular part of that res at issue here is $132 million receivable owed to the receivership, conditioned upon the BMB and Willis bar orders. When in 2009 the district court took the receivership estate into its custody, the res "[wa]s as much withdrawn from the judicial power of the other [courts], as if it had been carried physically into a different territorial sovereignty."
The bar orders here prevent Florida and Texas state-court proceedings from interfering with the res in custody of the federal district court. The bar orders aided the court's jurisdiction over the receivership *400entities, which remain in the custody of the court. The bar orders do not violate the Act.
C.
The Texas and Florida Plaintiffs-Objectors argue that the Willis bar order deprived them of their property (that is, their claims) without due process and without just compensation. This is a recasting of the jurisdictional argument we have rejected. The district court was empowered to bar judicial proceedings not before it to protect the receivership. In so doing, the court afforded the Plaintiffs-Objectors all the process due, notice and opportunity to be heard on the proposed settlement and bar orders-an opportunity they seized. Moreover, they were not deprived of any entitlement to recovery: the bar orders channel investors' recovery associated with BMB and Willis through the receivership's distribution process. As SIB CD investors, Plaintiffs-Objectors were provided notice of the receivership's distribution process; they were afforded an opportunity to submit proofs of claim, and to dispute the receiver's disposition of their entitlements within the receivership's administrative distribution process, including judicial review. As described, almost all Plaintiffs-Objectors are participants in that process. The district court's decision to channel the Texas and Florida Plaintiffs-Objectors' recovery into that receivership process as opposed to independent litigation does not deprive them of an entitlement to recover for Ponzi-scheme losses. All due process has been afforded.
D.
The Plaintiffs-Objectors challenge the settlement agreements and bar orders, inferring from the large settlement sums that these are "de facto class settlements" entered unlawfully without certification of a settlement class.
E.
The Texas Plaintiffs-Objectors argue that the bar orders deny their right to a jury trial, retreading the jurisdictional argument we have addressed. Their argument presumes the Objector-Plaintiffs were otherwise entitled to pursue their independent action in state court unconstrained by the receivership court's bar order. We have explained why they have no such entitlement. The right to a jury does not create a right to proceed outside the receivership proceeding.
F.
The district court did not abuse its discretion in approving the BMB and Willis settlement agreements. The Texas Plaintiffs-Objectors argue that a "far *401greater recovery was possible," that the settlement was premature, and SIB CD investors could have recovered 100 percent of their investments. This is at best speculative. The settlement was reached after years of investigation and litigation. There was no certainty in the outcome of the Receivership Action. The defendant brokers contested liability and insist they would continue to do so if the settlements are terminated. It remained for the plaintiffs to prove their claims at trial, including proving the brokers' role in the Ponzi scheme. The potential benefits of continued litigation must be discounted by the risk of failing in that proof or in overcoming defenses, together with attendant costs, mindful that to succeed it would not be enough to prove that the brokers "aided and abetted." The district court considered tradeoffs the parties faced with the prospect of settlement and found the settlements "consistent with interests of both the receivership and the investors." The district court found no evidence of fraud or collusion and did not abuse its discretion in approving the settlements.
III.
The core difficulty with Plaintiffs-Objectors' challenge to the bar of their carve-out suits is that their theory would frustrate the central purposes of the receivership and confound the SEC mission to achieve maximum recovery from the malefactors for distribution pro rata to all investors. We AFFIRM the district court's approval of the BMB and Willis settlements and its entering of the corresponding bar orders enjoining the Plaintiffs-Objectors' third-party investor claims.
United States v. Stanford ,
The 2009 Receivership Order was subsequently amended in 2010 and remained identical in all relevant parts.
Of the 509 Plaintiffs-Objectors, 455 are confirmed claimants; 22 are claimants with the Antiguan liquidators and by agreement are treated as claimants by the receiver.
In December 2009, the Troice Plaintiffs' case was consolidated with a similar action filed by SIB CD investor Manuel Canabal.
Roland v. Green ,
In November 2012, Troice and two other individual investors joined the receiver and Investors' Committee in an action bringing investor class claims and receivership estate claims against Stanford's lawyers at the Greenberg Traurig firm. Complaint, Janvey v. Greenberg Traurig, LLP , No. 3:12-cv-04641-N-BQ (N.D. Tex. Nov. 15, 2012) Dkt. 1. On the defendants' motion for judgment on the pleadings, the district court held that under Texas's attorney-immunity doctrine it lacked jurisdiction over the investor-plaintiffs' class claims, since these plaintiffs were non-clients and the conduct at issue occurred within the scope of the attorney's representation of a client. Official Stanford Investors Comm. v. Greenberg Traurig , LLP ,
The plaintiffs also brought claims against Amy Baranoucky, the Stanford entities' Client Advocate within Willis.
The plaintiffs also brought claims against Robert Winter, the BMB insurance specialist who served on the board of the Stanford International Bank.
The Troice Plaintiffs attacked the Ponzi scheme with claims for violations of the Texas Securities Act ("TSA"); aiding and abetting violations of the TSA; participation in a fraudulent scheme; civil conspiracy; violations of the Texas Insurance Code ("Insurance Code"); common law fraud; negligent misrepresentation; negligence/gross negligence; and negligent retention/negligent supervision.
This claim is asserted by the Investors' Committee.
Rupert v. Winter ,
Rupert ,
Rupert ,
Rupert ,
Rishmague v. Winter ,
The Able Plaintiffs-Objectors also include five individual investors, who would have destroyed diversity in the litigation in the Northern District of Texas, and therefore joined an existing suit by Stanford investors against Willis in Harris County, Texas.
See Crane v. Johnson ,
SEC v. Safety Fin. Serv., Inc. ,
Ernst & Ernst v. Hochfelder ,
Chadbourne & Parke LLP v. Troice ,
Ernst & Ernst ,
15 U.S.C. § 77v(a) ("The district courts of the United States ... shall have jurisdiction of offenses and violations under this subchapter and under the rules and regulations promulgated by the Commission in respect thereto .... of all suits in equity and actions at law brought to enforce any liability or duty created by this subchapter."); 15 U.S.C. § 78aa(a) ("The district courts of the United States ... shall have exclusive jurisdiction of violations of this chapter or the rules and regulations thereunder, and of all suits in equity and actions at law brought to enforce any liability or duty created by this chapter or the rules and regulations thereunder."); see also James R. Farrand, Ancillary Remedies in SEC Civil Enforcement Suits , 89 Harv . L. Rev . 1779, 1782 (1976) ("[T]he 1933 and 1934 Securities Acts[ ] have specifically conferred equity jurisdiction on the courts").
SEC v. Wencke ,
Alguire ,
Liberte Capital Grp., LLC v. Capwill ,
Atl. Tr. Co. v. Chapman ,
Matter of Still ,
Liberte Capital Grp. ,
SEC v. Wencke ,
SEC v. Capital Consultants, LLC ,
Schauss v. Metals Depository Corp. ,
Schauss ,
See Schauss ,
SEC v. Kaleta ,
Rishmague v. Winter ,
Rishmague ,
SEC v. Kaleta ,
Id .
Id. at *2.
Id. at *3.
Id . at *7.
Kaleta ,
Id . at 1176.
Id . at 1175.
Id . at 1178
Id . at 1180-81.
Id . at 1181-82.
Id . at 1176-83.
Id . at 1176.
SEC v. Posner ,
Janvey v. Reeves-Stanford ,
Janvey v. Democratic Senatorial Campaign Comm., Inc. ,
SEC v. Stanford Int'l Bank, Ltd. (Lloyds) ,
Id . at 838-39.
The dissent fails to recognize this distinction in Lloyds , and overlooks the only parallel with the instant case: the court's approval of the bar orders as concerned investors who-like the Plaintiffs-Objectors before us-had opportunity to participate in the receivership distribution process.
Lloyds ,
Id . at 851.
Kaleta ,
Atl. Coast Line R. Co. v. Bhd. of Locomotive Engineers ,
Tex. v. United States ,
Covell v. Heyman ,
Rupert ,
The Able Plaintiffs-Objectors also argue that in entering the Willis settlement, the Troice Parties violated their fiduciary duties to members of the putative class of SIB CD investors. The claim fails for the same reason as the other Rule 23 challenges.
Dissenting Opinion
I share the majority's appreciation for this settlement's practical value. But in my view, the district court lacked jurisdiction to grant the bar orders. The Receiver only had standing to assert the Stanford entities' claims. It could not release other parties' claims, or have the court do so, in exchange for a payment to the Stanford estate. For better or worse, the objecting plaintiffs' claims were beyond the district court's power.
I
Willis of Colorado, Inc., its affiliates, and Bowen, Miclette and Britt, Inc. injured the Stanford entities by failing to thwart the Ponzi scheme.
II
At its "irreducible constitutional minimum," standing requires that the plaintiff suffered an injury in fact, the injury is traceable to the defendant's actions, and the injury would likely be redressed by a favorable decision.
I believe the Receiver lacked standing to assert claims for the Objectors' separate injuries.
The Receiver contends that the Objectors' claims are "factually intertwined" with its own. But having defendants in common (Willis and BMB) or having a common destination for the plunder (Stanford officers) does not make claims the same.
This case is distinguishable from decisions that approved bar orders. In SEC v. DeYoung , the Tenth Circuit affirmed a bar order after an investment firm's receiver settled with the firm's former bank.
III
Besides the lack of standing, the bar orders also do not fit within any affirmative source of federal jurisdiction. At least some of the Objectors' claims are state-law claims that could not be removed to federal court.
The district court had no ancillary jurisdiction either. Ancillary jurisdiction extends only to claims by or against the Receiver.
IV
Federal courts cannot decide a claim's fate outside the "honest and actual antagonistic assertion of rights."
Respectfully, I dissent.
These facts are taken from the Receiver's and Objectors' pleadings. See Lujan v. Defenders of Wildlife ,
See Janvey v. Democratic Senatorial Campaign Comm., Inc. ("DSCC") ,
E.g. , Warth v. Seldin ,
Cf. Smith v. Bayer Corp. ,
See, e.g. , N.Y. Life Ins. Co. v. Gillispie ,
See
E.g. , Rishmague v. Winter , No. 3:11-CV-2024-N,
Cf. Riehle v. Margolies ,
See
See 12 Charles Alan Wright & Arthur R. Miller , Federal Practice & Procedure § 2985 (2d ed. 2018) ; see also Lloyds ,
See Lloyds ,
United States v. Johnson ,
Reference
- Full Case Name
- Antonio Jubis ZACARIAS; Roberto Barbar, Plaintiffs - Appellants v. STANFORD INTERNATIONAL BANK, LIMITED, Defendant Barry L. Rupert; Carol Rupert; Michael Rishmague; Lionel Alessio; Dan Auli Panos, Et Al, Movants - Appellants v. Official Stanford Investors' Committee; Manuel Canabal; Willis, Limited; Willis of Colorado, Incorporated, Interested Parties - Appellees Willis Group Holdings Limited; Willis North America, Incorporated; Amy S. Baranoucky; Bowen Miclette ; Britt, Incorporated; Ralph S. Janvey ; Samuel Troice, Appellees v. Edna Able, Interested Party - Appellant the Official Stanford Investors' Committee; Samuel Troice, on Their Own Behalf and on Behalf of a Class of All Others Similarly Situated; Manuel Canabal, on Their Own Behalf and on Behalf of a Class of All Others Similarly Situated, Plaintiffs - Appellees v. Carlos Tisminesky; Roberto Barbar; Ana Lorena Nuila De Gadala-Maria, Plaintiffs - Appellants v. Willis of Colorado, Incorporated; Willis Limited; Willis Group Holdings Limited; Willis North America, Incorporated; Amy S. Baranoucky; Bowen, Miclette ; Britt, Incorporated, Defendants - Appellees v. Barry L. Rupert; Carol Rupert; Michael Rishmague; Lionel Alessio; Dan Auli Panos, Edna Able; Et Al, Appellants v. Ralph S. Janvey, in His Capacity as Court-Appointed Receiver for Stanford Receivership Estate, Appellee Edna Able; Robert C. Ahders; Rodrigo Rivera Alcayaga; David Arntsen; Carlie Arntsen; Et Al, Plaintiffs - Appellants v. Willis of Colorado, Incorporated; WGH Holdings, Ltd.; Willis Ltd., Defendants - Appellees Antonio Jubis Zacarias, Individual; Ana Virginia Gonzalez De Jubis, Individual; Gladis Jubis De Acuna, Individual; Eric Acuna Jubis, Individual; Tulio Capriles, Individual; Jorge Casaus Herrero, Individual; Martha Blanchet, Individual; Luis Zabala, Individual; Emma Lopez, Individual; Elba De La Torre, Individual, Plaintiffs - Appellants v. Willis Limited; Willis of Colorado, Incorporated, Defendants - Appellees Ana Lorena Nuila De Gadala-Maria, Individual; Jose Nuila, Individual; Jose Nuila Fuentes, Individual; Gladys Bonilla De Nuila, Individual; Gladys Elena Nuila De Ponce, Individual, Et Al, Plaintiffs - Appellants v. Willis Limited, a United Kingdom Company; Willis of Colorado, Incorporated, a Colorado Corporation, Defendants - Appellees Carlos Tisminesky, Individual; Rachel Tisminesky, Individual; Felipe Bronstein, Individual; Ethel Tisminesky De Bronstein, Individual; Guy Gerby, Individual; Vicente Juaristi Suarez, Individual; Amparo Mateo Longarela, Individual; Salvador Gavilan, Individual; Larry Frank, Individual; Mercedes Bittan, Individual; Omaira Bermudez, Individual, Plaintiffs - Appellants v. Willis Limited; Willis of Colorado, Incorporated, Defendants - Appellees
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