In re: Susanne Stone Marshall, et al.
| Susanne Stone Marshall, et al. |
| Susanne Stone Marshall, Russell Oasis, Marsha Peshkin and Adele Fox |
| Bernard L. Madoff, JA Special Limited Partnership, JMP Limited Partnership, JEMW Partnership, The Picower Foundation, Jeffry Picower Special Co., JLN Partnership, Capital Growth Company, Picower Institute for Medical Research, Jeffry M. Picower P.C., JA Primary Limited Partnership, Favorite Funds, JF Partnership, Decisions Incorporated, Barbara Picower, JFM Investment Companies, JAB Partnership and Trust f/b/o Gabrielle H. Picower |
| Irving H. Picard |
| 1:2015mc00001 |
| January 2, 2015 |
| US District Court for the District of Delaware |
| Wilmington Office |
| XX US, Outside State |
| Leonard P Stark |
| Other Statutory Actions |
| Petition to Perpetuate Testimony |
Docket Report
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| Case electronically transferred to Southern District of New York. (ntl) |
Filing 24
MEMORANDUM ORDER re #15 MOTION to Transfer Case to United States District Court for the Southern District of New York is GRANTED; the Oral Argument scheduled for 2/27/15 is CANCELLED. Signed by Judge Leonard P. Stark on 2/25/15. (ntl)
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| Filing 23 Official Transcript of Telephone Conference held on January 22, 2015 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, Telephone (302) 573-6360. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/12/2015. Redacted Transcript Deadline set for 3/23/2015. Release of Transcript Restriction set for 5/20/2015. (bpg) |
| CORRECTING ENTRY: PDF attached to d.i. #16 deleted and replaced. Notice of electronic filing re-generated to all counsel of record. (rpg) |
| Filing 22 REPLY BRIEF re #15 MOTION to Transfer Case to United States District Court for the Southern District of New York filed by Capital Growth Company, Decisions Incorporated, Favorite Funds, JA Primary Limited Partnership, JA Special Limited Partnership, JAB Partnership, JEMW Partnership, JF Partnership, JFM Investment Companies, JLN Partnership, JMP Limited Partnership, Jeffry M. Picower P.C., Jeffry Picower Special Co., Barbara Picower, Picower Institute for Medical Research, The Picower Foundation, Trust f/b/o Gabrielle H. Picower. (Farnan, Kelly) |
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Filing 21
ORAL ORDER: IT IS HEREBY ORDERED that the Oral Argument scheduled for 2/19/15 is CANCELLED and is hereby re-scheduled for 2/27/2015 at 10:00 AM in Courtroom 6B. ORDERED by Judge Leonard P. Stark on 2/12/15. (ntl)
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| Filing 20 DECLARATION re #1 Petition to Perpetuate Testimony, #19 Answering Brief in Opposition, by Adele Fox, Susanne Stone Marshall, Russell Oasis, Marsha Peshkin. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Certificate of Service)(Lemisch, Raymond) |
| Filing 19 ANSWERING BRIEF in Opposition re #15 MOTION to Transfer Case to United States District Court for the Southern District of New York and in Further Support of the Merits of the Petition filed by Adele Fox, Susanne Stone Marshall, Russell Oasis, Marsha Peshkin.Reply Brief due date per Local Rules is 2/20/2015. (Attachments: #1 Certificate of Service)(Lemisch, Raymond) |
| Filing 18 BRIEF (Combined Opening and Answering) in Opposition to the Merits of the Petition and in Support of re #15 MOTION to Transfer Case to United States District Court for the Southern District of New York filed by Irving H. Picard.Answering Brief/Response due date per Local Rules is 2/20/2015. Reply Brief due date per Local Rules is 2/13/2015. (Dugan, Mary) |
| Filing 17 DECLARATION re #15 MOTION to Transfer Case to United States District Court for the Southern District of New York DECLARATION OF MARCY RESSLER HARRIS by Capital Growth Company, Decisions Incorporated, Favorite Funds, JA Primary Limited Partnership, JA Special Limited Partnership, JAB Partnership, JEMW Partnership, JF Partnership, JFM Investment Companies, JLN Partnership, JMP Limited Partnership, Jeffry M. Picower P.C., Jeffry Picower Special Co., Barbara Picower, Picower Institute for Medical Research, The Picower Foundation, Trust f/b/o Gabrielle H. Picower. (Attachments: #1 Exhibit 1 through 10)(Farnan, Kelly) |
| Filing 16 BRIEF (Combined Opening and Answering) THE PICOWER PARTIES OPENING BRIEF IN SUPPORT OF THEIR MOTION TO TRANSFER OF VENUE OF THE PETITION TO THE SOUTHERN DISTRICT OF NEW YORK AND IN OPPOSITION TO THE MERITS OF THE PETITION re #15 MOTION to Transfer Case to United States District Court for the Southern District of New York filed by Capital Growth Company, Decisions Incorporated, Favorite Funds, JA Primary Limited Partnership, JA Special Limited Partnership, JAB Partnership, JEMW Partnership, JF Partnership, JFM Investment Companies, JLN Partnership, JMP Limited Partnership, Jeffry M. Picower P.C., Jeffry Picower Special Co., Barbara Picower, Picower Institute for Medical Research, The Picower Foundation, Trust f/b/o Gabrielle H. Picower.Answering Brief/Response due date per Local Rules is 2/17/2015. Reply Brief due date per Local Rules is 2/9/2015. (Farnan, Kelly) (rpg). (Additional attachment(s) added on 2/18/2015: #1 Main Document) (rpg). |
| Filing 15 MOTION to Transfer Case to United States District Court for the Southern District of New York - filed by Capital Growth Company, Decisions Incorporated, Favorite Funds, JA Primary Limited Partnership, JA Special Limited Partnership, JAB Partnership, JEMW Partnership, JF Partnership, JFM Investment Companies, JLN Partnership, JMP Limited Partnership, Jeffry M. Picower P.C., Jeffry Picower Special Co., Barbara Picower, Picower Institute for Medical Research, The Picower Foundation, Trust f/b/o Gabrielle H. Picower. (Attachments: #1 Text of Proposed Order Proposed Order)(Farnan, Kelly) |
| Pro Hac Vice Attorney Jennifer M. Opheim,Marcy Ressler Harris,Michael Kwon for Barbara Picower added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (dmp, ) |
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Filing 14
SO ORDERED, re #12 Stipulation and Order governing briefing on the Petition and on the motion to transfer venue -- An Oral Argument is set for 2/19/2015 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. Signed by Judge Leonard P. Stark on 1/27/15. (ntl)
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SO ORDERED, re #13 MOTION for Pro Hac Vice Appearance of Attorney Keith R. Murphy filed by Irving H. Picard. Signed by Judge Leonard P. Stark on 1/27/15. (ntl)
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| Filing 13 MOTION for Pro Hac Vice Appearance of Attorney Keith R. Murphy - filed by Irving H. Picard. (Attachments: #1 Certification of Keith Murphy)(Dugan, Mary) |
| Filing 12 STIPULATION and [Proposed] Order Governing Briefing on Petitioners' Verified Petition Under Fed. R. Civ. P. 27(a) to Perpetuate Testimony Before Action and Respondents' Motion to Transfer Venue re #9 Letter, #5 Letter, #1 Petition to Perpetuate Testimony, by Adele Fox, Susanne Stone Marshall, Russell Oasis, Marsha Peshkin. (Brennecke, Sean) |
| Filing 11 NOTICE of of Appearance of Young Conaway Stargatt & Taylor, LLP by Matthew B. Lunn and Mary F. Dugan on behalf of Irving H. Picard, trustee for the substantively consolidated liquidation of the business of Bernard L. Madoff Investment Securities LLC and the estate of Bernard L. Madoff by Irving H. Picard (Dugan, Mary) |
| Minute Entry for proceedings held before Judge Leonard P. Stark - Telephone Conference held on 1/22/2015. (Court Reporter B. Gaffigan.) (ntl) |
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Filing 10
ORAL ORDER re #9 Letter -- IT IS HEREBY ORDERED that the letter request by counsel for the Trustee to participate in the teleconference on 1/22/15 is GRANTED. ORDERED by Judge Leonard P. Stark on 1/21/15. (ntl)
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| Filing 9 Letter to The Honorable Leonard P. Stark from Mary F. Dugan, Esquire regarding Request for Permission to Participate in the Court's January 22, 2015 (see enclosed letter) - re 6 Order Setting Teleconference,. (Attachments: #1 Letter from Counsel for the Trustee)(Dugan, Mary) |
| Filing 8 MOTION for Pro Hac Vice Appearance of Attorney Marcy Harris, Jennifer Opheim and Michael Kwon of Schulte Roth & Zabel LLP - filed by Barbara Picower, Decisions Incorporated, JA Primary Limited Partnership, JA Special Limited Partnership, JMP Limited Partnership, Capital Growth Company, JAB Partnership, JEMW Partnership, JF Partnership, JFM Investment Companies, JLN Partnership, Jeffry Picower Special Co., Favorite Funds, Jeffry M. Picower P.C., The Picower Foundation, Picower Institute for Medical Research, Trust f/b/o Gabrielle H. Picower. (Farnan, Kelly) |
| Filing 7 Letter to The Honorable Leonard P. Stark from Raymond H. Lemisch, Esquire regarding Response to Letter from Counsel for the Respondents regarding Request for Teleconference to schedule two-step briefing schedule - re 6 Order Setting Teleconference, #5 Letter. (Lemisch, Raymond) |
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SO ORDERED, re #8 MOTION for Pro Hac Vice Appearance of Attorney Marcy Harris, Jennifer Opheim and Michael Kwon of Schulte Roth & Zabel LLP filed by Jeffry M. Picower P.C., Favorite Funds, Jeffry Picower Special Co., Barbara Picower, The Picower Foundation, JA Primary Limited Partnership, Capital Growth Company, JAB Partnership, JF Partnership, Decisions Incorporated, Picower Institute for Medical Research, JMP Limited Partnership, JA Special Limited Partnership, JFM Investment Companies, Trust f/b/o Gabrielle H. Picower, JEMW Partnership, JLN Partnership. Signed by Judge Leonard P. Stark on 1/20/15. (ntl)
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Filing 6
ORAL ORDER Setting Teleconference: A Telephone Conference is set for 1/22/2015 at 10:30 AM. Counsel for Petitioners shall initiate the call to (302) 573-4571. Having reviewed Respondent's letter (D.I. 5), IT IS HEREBY ORDERED that, no later than January 20, Petitioners shall respond with their own letter, not to exceed three (3) pages. At the same time, the Trustee may, but need not, submit a letter as well. ORDERED by Judge Leonard P. Stark on 1/15/15. (ntl)
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SO ORDERED, re #4 MOTION for Pro Hac Vice Appearance of Attorney Lance Gotthoffer, Esquire filed by Russell Oasis, Adele Fox, Susanne Stone Marshall, Marsha Peshkin. Signed by Judge Leonard P. Stark on 1/15/15. (ntl)
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| Filing 5 Letter to Honorable Leonard P. Stark from Kelly E. Farman regarding Request for Teleconference to schedule two-step briefing schedule. (Farnan, Kelly) |
| Filing 4 MOTION for Pro Hac Vice Appearance of Attorney Lance Gotthoffer, Esquire - filed by Adele Fox, Susanne Stone Marshall, Russell Oasis, Marsha Peshkin. (Lemisch, Raymond) |
| Filing 3 MOTION for Pro Hac Vice Appearance of Attorney Helen Davis Chaitman - filed by Adele Fox, Susanne Stone Marshall, Russell Oasis, Marsha Peshkin. (Lemisch, Raymond) |
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SO ORDERED, re #3 MOTION for Pro Hac Vice Appearance of Attorney Helen Davis Chaitman filed by Russell Oasis, Adele Fox, Susanne Stone Marshall, Marsha Peshkin. Signed by Judge Leonard P. Stark on 1/8/15. (ntl)
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| Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb) |
| Remark : Case submitted for routine judicial case assignment. (rwc) |
| Filing 2 DECLARATION of Helen Davis Chaitman in support - re #1 Petition to Perpetuate Testimony - filed by Adele Fox, Susanne Stone Marshall, Russell Oasis, Marsha Peshkin. (Attachments: #1 Exhibit A)(rwc) |
| Filing 1 PETITION to Perpetuate Testimony of Bernard L. Madoff. ( Filing fee $ 46.00, receipt number 0311-1648171) - filed by Susanne Stone Marshall, Adele Fox, Marsha Peshkin, Russell Oasis. (Attachments: #1 Verification, #2 Civil Cover Sheet)(rwc) |
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