SILVERCREEK MANAGEMENT v. BANC OF AMERICA SECS.

No. 06-20026.

534 F.3d 469 (2008)

SILVERCREEK MANAGEMENT, INC.; Silvercreek Limited Partnership; Silvercreek II Limited; Onex Industrial Partners Limited; Pebble Limited Partnership, Plaintiffs-Appellants, v. BANC OF AMERICA SECURITIES, LLC, Defendant-Appellee, v. Regents of the University of California, Plaintiff-Appellee. Silvercreek Management, Inc.; Silvercreek Limited Partnership; Silvercreek II Limited; Onex Industrial Partners Limited; Pebble Limited Partnership, Plaintiffs-Appellants, v. Bank of America Corporation, Defendant-Appellee, v. Regents of the University of California, Plaintiff-Appellee.

United States Court of Appeals, Fifth Circuit.

July 7, 2008.


Attorney(s) appearing for the Case

Steven N. Williams (argued), Cotchett, Pitre & McCarthy, Burlingame, CA, for Plaintiffs-Appellants.

Gregory A. Markel (argued), Ronit Setton, Cadwalader, Wickersham & Taft, Gregory Gil Ballard, Howrey, LLP, New York City, Charles G. King, III, King & Pennington, Houston, TX, for Defendants-Appellees.

Sanford Svetcov (argued), Coughlin, Stoia, Geller, Rudman & Robbins, LLP, San Francisco, CA, for Plaintiff-Appellee.

Before SMITH and PRADO, Circuit Judges, and LUDLUM, District Judge.


JERRY E. SMITH, Circuit Judge:

Silvercreek Management Inc., Silvercreek Limited Partnership, Silvercreek II Limited, Onex Industrial Partners Limited, and Pebble Limited Partnership (collectively "Silvercreek") appeal the district court's refusal to extend a class settlement opt-out deadline as to them. We affirm.

I.

Silvercreek sued Banc of America Securities LLC, and Bank of America Corporation (collectively "BOA") in two suits for claims arising...

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