Irving H. Picard v. Eric T. Schneiderman et al
| Irving H. Picard |
| Eric T. Schneiderman, Bart M. Schwartz, David B. Pitofsky, J. Ezra Merkin and Gabriel Capital Corporation |
| Bernard L. Madoff Investment Securities LLC |
| Securities Investor Protection Corporation |
| 1:2012cv06733 |
| September 5, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Jed S. Rakoff |
| Withdrawal |
| 28 U.S.C. ยง 157 |
| None |
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Filing
53
OPINION AND ORDER re: 1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 12-1778A, 08-1789 (BRL) filed by David B. Pitofsky, Eric T. Schneiderman, Bart M. Schwartz. Accordingly, because the Court finds that the Trustee& #039;s claim to any relief under the automatic stay is barred by the doctrine of laches, and, independently, because the Court also finds that the Trustee's claims have no basis in law, the Court not only denies this motion for a preliminary inj unction, but also, sua sponte dismisses the entire stay action, Cf. Matthews, 739 F.2d at 251 (finding that even a violation of the automatic stay would be excused because a court exercising bankruptcy jurisdiction, "as a court of equity, nevert heless must be guided by equitable principles in exercising its jurisdiction"). The Clerk of the Court is directed to enter final judgment dismissing the Complaint with prejudice and close item number 1 on the docket of 12 Civ. 6733. (Signed by Judge Jed S. Rakoff on 4/15/2013) (tro)
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