Marblegate Asset Management, L.L.C. et al v. Education Management Corporation et al
Plaintiff: Marblegate Asset Management, L.L.C., Marbelgate Special Opportuinities Master Fund, L.P., Magnolia Road Capital L.P. and Magnolia Road Global Credit Master Fund L.P.
Defendant: Education Management Corporation, Education Management L.L.C. and Education Management Finance Corp.
Intervenor: Steering Committee for the Ad Hoc Committee of Term Loan Lenders of Education Management
Case Number: 1:2014cv08584
Filed: October 28, 2014
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Katherine Polk Failla
Nature of Suit: Other Statutory Actions
Cause of Action: 15 U.S.C. § 77 Securities Fraud
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 12, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 12, 2023 Opinion or Order Filing 98 SEALED MATERIALS DISPOSED: Document(s) 3 were destroyed since the filing party did not retrieve the material(s) within 30 days of the date indicated. The sealed record(s) were destroyed on 06/12/2023..(jus)
April 20, 2023 Opinion or Order Filing 97 NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 3 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 5/22/2023. .(jus)
November 6, 2017 Opinion or Order Filing 96 MEMO ENDORSEMENT on re: (24 in 1:17-cv-04610-KPF) LETTER addressed to Judge Katherine Polk Failla from Sean E. O'Donnell dated November 6, 2017 Document filed by The Bank of New York Mellon Trust Company, N.A. ENDORSEMENT: Application GRANTED. The parties shall follow the above briefing schedule. Having considered the parties' dueling proposed case management plans along with this submission, the Court will concurrently issue a case management plan in which discovery is scheduled to commence after the Court resolves the anticipated motion to dismiss. So ordered. (Motions due by 11/29/2017. Responses due by 1/17/2018. Replies due by 2/9/2018.) (Signed by Judge Katherine Polk Failla on 11/6/2017) (rjm)
July 17, 2017 Opinion or Order Filing 95 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 6/13/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Siwik, Christine)
July 17, 2017 Opinion or Order Filing 94 TRANSCRIPT of Proceedings re: Conference held on 6/13/2017 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/7/2017. Redacted Transcript Deadline set for 8/17/2017. Release of Transcript Restriction set for 10/16/2017.(Siwik, Christine)
June 22, 2017 Opinion or Order Filing 93 JUDGMENT: ORDERED, ADJUDGED AND DECREED: That, per the Second Circuit's Opinion dated January 17, 2017, Section 316(b) of the Trust Indenture Act and Section 6.07 of the Indenture did not prohibit the release of the Parent Guarantee. Accordingly, judgment on the two claims in the complaint is entered in favor of the EDMC Defendants, and judgment on Parent EDMC's counterclaim is entered in favor of Parent EDMC. All parties shall bear their own costs, and as further set forth in this order. (Signed by Judge Katherine Polk Failla on 6/22/2017) (ap) Modified on 6/23/2017 (ap).
June 15, 2017 Opinion or Order Filing 92 MEMO ENDORSEMENT: on granting #90 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. Attorney Mohit Gourisaria terminated. (Signed by Judge Katherine Polk Failla on 6/15/2017) (ap)
June 15, 2017 Opinion or Order Filing 91 MEMO ENDORSEMENT: on granting #89 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. Attorney Jasand Patric Mock terminated. (Signed by Judge Katherine Polk Failla on 6/15/2017) (ap) Modified on 6/15/2017 (ap).
June 13, 2017 Opinion or Order Minute Entry for proceedings held before Judge Katherine Polk Failla: Status Conference held on 6/13/2017. (Court Reporter Vincent Bologna) (Lopez, Jose)
June 13, 2017 Opinion or Order Filing 90 MOTION for Mohit Gourisaria to Withdraw as Attorney . Document filed by Education Management Corporation, Education Management Finance Corp., Education Management L.L.C..(Kleinhaus, Emil)
June 13, 2017 Opinion or Order Filing 89 MOTION for Jasand Patric Mock to Withdraw as Attorney . Document filed by Education Management Corporation, Education Management Finance Corp., Education Management L.L.C..(Kleinhaus, Emil)
May 22, 2017 Opinion or Order Filing 88 ORDER granting #87 LETTER MOTION to Adjourn Conference addressed to Judge Katherine Polk Failla from Sean E. O'Donnell dated May 19, 2017. Document filed by Marbelgate Special Opportuinities Master Fund, L.P., Marblegate Asset Management, L.L.C. Application GRANTED. The conference scheduled for May 31, 2017, is hereby ADJOURNED to June 13, 2017, at 10:00 A.M. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. So ordered. (Status Conference set for 6/13/2017 at 10:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla). (Signed by Judge Katherine Polk Failla on 5/22/2017) (rjm)
May 19, 2017 Opinion or Order Filing 87 LETTER MOTION to Adjourn Conference addressed to Judge Katherine Polk Failla from Sean E. O'Donnell dated May 19, 2017. Document filed by Marbelgate Special Opportuinities Master Fund, L.P., Marblegate Asset Management, L.L.C..(O'Donnell, Sean)
May 17, 2017 Opinion or Order Filing 86 ORDER: A status conference is hereby scheduled for May 31, 2017, at 11:30 A.M. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. Status Conference set for 5/31/2017 at 11:30 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 5/17/2017) (ap)
March 29, 2017 Opinion or Order Filing 85 MANDATE of USCA (Certified Copy) as to #81 Notice of Appeal, filed by Steering Committee for the Ad Hoc Committee of Term Loan Lenders of Education Management, #80 Notice of Appeal, filed by Education Management L.L.C., Education Management Finance Corp., Education Management Corporation. USCA Case Number 15-2124 (L), 15-2141 (Con). IT IS HEREBY ORDERED, ADJUDGED and DECREED that the district court's judgment is VACATED and the case is REMANDED for further proceedings consistent with this Court's opinion. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 03/29/2017. (nd)
March 29, 2017 Opinion or Order Transmission of USCA Mandate to the District Judge re: #85 USCA Mandate,,. (nd)
January 17, 2017 Opinion or Order Filing 84 OPINION of USCA (Certified) as to #81 Notice of Appeal, filed by Steering Committee for the Ad Hoc Committee of Term Loan Lenders of Education Management, #80 Notice of Appeal, filed by Education Management L.L.C., Education Management Finance Corp., Education Management Corporation. USCA Case Number 15-2124-cv(L), 15-2141-cv(CON). Defendantappellant Education Management Corporation ("EDMC") and its subsidiaries appeal from a judgment following a bench trial before the United States District Court for the Southern District of New York (Failla, J.). The District Court held that a series of transactions meant to restructure EDMC's debt over the objections of certain noteholders violated Section 316(b) of the Trust Indenture Act of 1939, 15 U.S.C. 77ppp(b). The transactions at issue, the District Court determined, stripped the non consenting noteholders, plaintiffsappellees Marblegate Asset Management, LLC and Marblegate Special Opportunity Master Fund, L.P. (together, "Marblegate"), of their practical ability to collect payment on notes purchased from EDMCs subsidiaries. As a result, the District Court ordered EDMC to continue to guarantee Marblegates notes and pay them in full. On appeal, EDMC argues that it complied with Section 316(b) because the transactions did not formally amend the payment terms of the indenture that governed the notes. We agree with EDMC and conclude that Section 316(b) prohibits only nonconsensual amendments to an indenture's core payment terms. We therefore VACATE the judgment and REMAND to the District Court for further proceedings consistent with this opinion. Judge STRAUB dissents by separate opinion.Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 01/17/2017. (Attachments: #1 Dissenting Opinion by Judge Straub)(nd)
October 19, 2016 Opinion or Order Filing 83 MEMO ENDORSEMENT granting #82 Motion to Withdraw as Attorney. ENDORSEMENT: Motion GRANTED. The Clerk of Court is directed to cease sending ECF notifications to Ms. Greenwood. Attorney Jessica Greenwood terminated. (Signed by Judge Katherine Polk Failla on 10/19/2016) (mro)
October 17, 2016 Opinion or Order Filing 82 MOTION for Jessica Greenwood to Withdraw as Attorney . Document filed by Marbelgate Special Opportuinities Master Fund, L.P., Marblegate Asset Management, L.L.C..(Greenwood, Jessica)
July 2, 2015 Opinion or Order Filing 81 NOTICE OF APPEAL from #79 Clerk's Judgment,,, #78 Memorandum & Opinion,,. Document filed by Steering Committee for the Ad Hoc Committee of Term Loan Lenders of Education Management. Filing fee $ 505.00, receipt number 0208-11111688. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Apps, Antonia)
July 2, 2015 Opinion or Order Filing 80 NOTICE OF APPEAL from #79 Clerk's Judgment,,, #78 Memorandum & Opinion,,. Document filed by Education Management Corporation, Education Management Finance Corp., Education Management L.L.C.. Filing fee $ 505.00, receipt number 0208-11111025. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Kleinhaus, Emil)
July 2, 2015 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #80 Notice of Appeal, filed by Education Management L.L.C., Education Management Finance Corp., Education Management Corporation were transmitted to the U.S. Court of Appeals. (tp)
July 2, 2015 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #80 Notice of Appeal. (tp)
July 2, 2015 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #81 Notice of Appeal. (tp)
July 2, 2015 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #81 Notice of Appeal, filed by Steering Committee for the Ad Hoc Committee of Term Loan Lenders of Education Management were transmitted to the U.S. Court of Appeals. (tp)
June 25, 2015 Opinion or Order Filing 79 CLERK'S JUDGMENT: That for the reasons stated in the Court's Opinion and Order dated June 23, 2015, the Intercompany Sale as envisioned in the Restructuring Support Agreement and since carried out in part would violate Plaintiffs' rights under the Trust Indenture Act. Pursuant to Section 10.06(c) of the Fourth Supplemental Indenture (Supp. Ex. 2), Education Management Corporation shall guarantee any past and future payments of principal and interest to Marblegate on their respective due dates under the March 5, 2013 Indenture; accordingly, judgment is entered in favor of the Plaintiffs', and the case is closed. (Signed by Clerk of Court Ruby Krajick on 6/25/2015) (Attachments: #1 Notice of Right to Appeal, #2 Notice of Right to Appeal)(dt)
June 25, 2015 Opinion or Order Terminate Transcript Deadlines (dt)
June 23, 2015 Opinion or Order Filing 78 OPINION AND ORDER: For the reasons set forth in this Opinion, the Intercompany Sale as envisioned in the Restructuring Support Agreement and since carried out in part would violate Plaintiffs' rights under the Trust Indenture Act. Pursuant to Section 10.06(c) of the Fourth Supplemental Indenture (Supp. Ex. 2), Education Management Corporation shall guarantee any past and future payments of principal and interest to Marblegate on their respective due dates under the March 5, 2013 Indenture. The Clerk of Court is directed to enter judgment for Plaintiffs, terminate all pending motion, adjourn all remaining dates, and close the case. (Signed by Judge Katherine Polk Failla on 6/23/2015) (tn)
June 23, 2015 Opinion or Order Transmission to Judgments and Orders Clerk. Transmitted re: #78 Opinion and Order, to the Judgments and Orders Clerk. (tn)
March 26, 2015 Opinion or Order Filing 77 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/4/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
March 26, 2015 Opinion or Order Filing 76 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/4/2015 before Judge Katherine Polk Failla. Court Reporter/Transcriber: William Richards, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/20/2015. Redacted Transcript Deadline set for 4/30/2015. Release of Transcript Restriction set for 6/29/2015.(McGuirk, Kelly)
March 16, 2015 Opinion or Order Filing 75 LETTER addressed to Judge Katherine Polk Failla from Sean E. O'Donnell dated 03/16/2015 Document filed by Marbelgate Special Opportuinities Master Fund, L.P., Marblegate Asset Management, L.L.C..(O'Donnell, Sean)
March 13, 2015 Opinion or Order Filing 74 LETTER addressed to Judge Katherine Polk Failla from Emil A. Kleinhaus dated 3/13/2015 re: Status Update. Document filed by Education Management Corporation, Education Management Finance Corp., Education Management L.L.C., Steering Committee for the Ad Hoc Committee of Term Loan Lenders of Education Management.(Kleinhaus, Emil)
March 11, 2015 Opinion or Order Filing 73 REPLY re: #71 Brief, Plaintiffs' Reply to Supplemental Brief of Defendants and Intervenor Regarding Section 316(b) of the Trust Indenture Act. Document filed by Marbelgate Special Opportuinities Master Fund, L.P., Marblegate Asset Management, L.L.C.. (O'Donnell, Sean)
February 9, 2015 Opinion or Order Filing 72 DECLARATION of Alexander B. Lees / Declaration of Alexander B. Lees Accompanying the Supplemental Brief of Defendants and Intervenor. Document filed by Education Management Corporation, Education Management Finance Corp., Education Management L.L.C., Steering Committee for the Ad Hoc Committee of Term Loan Lenders of Education Management. (Attachments: #1 Exhibit A -- Part 1, #2 Exhibit A -- Part 2, #3 Exhibit B -- Part 1, #4 Exhibit B -- Part 2, #5 Exhibit C -- Part 1, #6 Exhibit C -- Part 2, #7 Exhibit D, #8 Exhibit E -- Part 1, #9 Exhibit E -- Part 2, #10 Exhibit E -- Part 3, #11 Exhibit F -- Part 1, #12 Exhibit F -- Part 2, #13 Exhibit F -- Part 3, #14 Exhibit G, #15 Exhibit H -- Part 1, #16 Exhibit H -- Part 2, #17 Exhibit I, #18 Exhibit J -- Part 1, #19 Exhibit J -- Part 2, #20 Exhibit K -- Part 1, #21 Exhibit K -- Part 2)(Kleinhaus, Emil)
February 9, 2015 Opinion or Order Filing 71 SUPPLEMENTAL BRIEF / Supplemental Brief of Defendants and Intervenor Regarding Section 316(b) of the Trust Indenture Act. Document filed by Education Management Corporation, Education Management Finance Corp., Education Management L.L.C., Steering Committee for the Ad Hoc Committee of Term Loan Lenders of Education Management.(Kleinhaus, Emil)
February 4, 2015 Opinion or Order Filing 70 STIPULATION AND ORDER: that the Preliminary Injunction Hearing, including the Preliminary Injunction Record, and the trial on the merits in this action are consolidated under Federal Rule of Civil Procedure 65(a)(2); the Preliminary Injunction Record, including, without limitation, all affidavits, deposition transcripts, expert reports, and exhibits submitted by the parties in connection with the Preliminary Injunction Hearing, are admitted in evidence in connection with the trial on the merits; all testimony received at the Preliminary Injunction Hearing will be part of the record in connection with the trial on the merits; the EDMC Defendants and Intervenor may file a joint supplemental brief of no more than 20 pages by February 9, 2015. Plaintiffs may file a response of no more than 20 pages by March 11, 2015. Defendants and Intervenor reserve the right to seek permission from the Court to file a reply brief; and as further set forth in this order. (Signed by Judge Katherine Polk Failla on 2/4/2015) (tn)
February 4, 2015 Opinion or Order Minute Entry for proceedings held before Judge Katherine Polk Failla: Interim Pretrial Conference held on 2/4/2015. (Court Reporter Bill Richards) (Lopez, Jose)
February 4, 2015 Opinion or Order Set/Reset Deadlines: Brief due by 2/9/2015. Responses to Brief due by 3/11/2015 (tn)
February 2, 2015 Opinion or Order Filing 69 LETTER addressed to Judge Katherine Polk Failla from Sean E. O'Donnell dated 02/02/15 Document filed by Marbelgate Special Opportuinities Master Fund, L.P., Marblegate Asset Management, L.L.C..(O'Donnell, Sean)
January 29, 2015 Opinion or Order Filing 68 RESPONSE re: #61 Amended Answer to Complaints, Counterclaim,, /Answer to Plaintiffs Marblegate Asset Management, LLC and Marblegate Special Opportunities Master Fund, L.P. to Defendant Education Management Corporation's Counterclaim for Declaratory Relief. Document filed by Marbelgate Special Opportuinities Master Fund, L.P., Marblegate Asset Management, L.L.C.. (O'Donnell, Sean)
January 14, 2015 Opinion or Order Filing 67 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 1/7/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
January 14, 2015 Opinion or Order Filing 66 TRANSCRIPT of Proceedings re: conference held on 1/7/2015 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Ellen Ford, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/9/2015. Redacted Transcript Deadline set for 2/20/2015. Release of Transcript Restriction set for 4/17/2015.(McGuirk, Kelly)
January 7, 2015 Opinion or Order Filing 65 ORDER granting #63 Motion to Intervene. For the reasons set forth at today's conference, and upon consent of the parties, the renewed motion of the Steering Committee for the Ad Hoc Committee of Term Loan Lenders of Education Management LLC to intervene is GRANTED. The Clerk of Court is directed to terminate Docket Entry 63. SO ORDERED. (Signed by Judge Katherine Polk Failla on 1/7/2015) (ajs)
January 7, 2015 Opinion or Order Minute Entry for proceedings held before Judge Katherine Polk Failla: Status Conference held on 1/7/2015. Next status conference set for 2/2/2015 at 3:00pm. Courtroom 618, 40 Foley Square. (Court Reporter Ellen Ford) (Lopez, Jose)
January 6, 2015 Opinion or Order Filing 64 MEMORANDUM OF LAW in Support re: #63 MOTION to Intervene Notice Of Renewed Motion Of The Steering Committee For The Ad Hoc Committee Of Term Loan Lenders Of Education Management LLC To Intervene Pursuant To Fed. R. Civ. P. 24(A)(2) And 24(B)(1)(B). . Document filed by Steering Committee for the Ad Hoc Committee of Term Loan Lenders of Education Management. (Apps, Antonia)
January 6, 2015 Opinion or Order Filing 63 MOTION to Intervene Notice Of Renewed Motion Of The Steering Committee For The Ad Hoc Committee Of Term Loan Lenders Of Education Management LLC To Intervene Pursuant To Fed. R. Civ. P. 24(A)(2) And 24(B)(1)(B). Document filed by Steering Committee for the Ad Hoc Committee of Term Loan Lenders of Education Management.(Apps, Antonia)
January 6, 2015 Opinion or Order Filing 62 ANSWER to #15 Complaint,. Document filed by Steering Committee for the Ad Hoc Committee of Term Loan Lenders of Education Management.(Apps, Antonia)
January 6, 2015 Opinion or Order Filing 61 AMENDED ANSWER to., COUNTERCLAIM against Marbelgate Special Opportuinities Master Fund, L.P., Marblegate Asset Management, L.L.C.. Document filed by Education Management Finance Corp., Education Management Corporation, Education Management L.L.C.. (Kleinhaus, Emil)
January 5, 2015 Opinion or Order Filing 60 LETTER addressed to Judge Katherine Polk Failla from Emil A. Kleinhaus dated January 5, 2015 Document filed by Education Management Corporation, Education Management Finance Corp., Education Management L.L.C..(Kleinhaus, Emil)
December 30, 2014 Opinion or Order Filing 59 AMENDED OPINION AND ORDER: Because Plaintiffs have failed to demonstrate a likelihood of irreparable harm, that the balance of equities tips in their favor, or that an injunction is in the public interest, the motion for a preliminary injunction is DENIED. The requests of the parties to file certain documents in redacted form is GRANTED. (Signed by Judge Katherine Polk Failla on 12/30/2014) (tn)
December 29, 2014 Opinion or Order Filing 58 OPPOSITION BRIEF /Declaration of Lauren M. Kofke Accompanying the Education Management Defendants' Brief in Opposition to Plaintiffs' Motion for a Preliminary Injunction. Document filed by Education Management Corporation, Education Management Finance Corp., Education Management L.L.C.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12 -- Under Seal)(Lees, Alexander)
December 29, 2014 Opinion or Order Filing 57 OPPOSITION BRIEF /Education Management Defendants' Brief in Opposition to Plaintiffs' Motion for a Preliminary Injunction. Document filed by Education Management Corporation, Education Management Finance Corp., Education Management L.L.C..(Lynch, John)
December 29, 2014 Opinion or Order Filing 56 BRIEF re: #55 Opposition Brief, DECLARATION OF LUCY C. MALCOLM IN SUPPORT OF PLAINTIFFS REPLY MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION (REDACTED). Document filed by Magnolia Road Capital L.P., Magnolia Road Global Credit Master Fund L.P., Marbelgate Special Opportuinities Master Fund, L.P., Marblegate Asset Management, L.L.C.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, Part 1, #5 Exhibit D, Part 2, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I)(O'Donnell, Sean)
December 29, 2014 Opinion or Order Filing 55 OPPOSITION BRIEF /REPLY MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION (REDACTED). Document filed by Magnolia Road Capital L.P., Magnolia Road Global Credit Master Fund L.P., Marbelgate Special Opportuinities Master Fund, L.P., Marblegate Asset Management, L.L.C..(O'Donnell, Sean)
December 24, 2014 Opinion or Order Filing 54 ANSWER to #15 Complaint,. Document filed by Education Management Corporation, Education Management Finance Corp., Education Management L.L.C..(Lynch, John)
December 22, 2014 Opinion or Order Filing 53 NOTICE OF VOLUNTARY DISMISSAL OF CLAIMS BY PLAINTIFFS MAGNOLIA ROAD CAPITAL LP AND MAGNOLIA ROAD GLOBAL CREDIT MASTER FUND L.P. PURSUANT TO F.R.C.P. 41(a)(1)(A)(i): Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), Plaintiffs Magnolia Road Capital LP and Magnolia Road Global Credit Master Fund L.P. hereby voluntarily dismiss their claims, and only their claims, against Defendants Education Management Corporation, Education Management LLC, and Education Management Finance Corp., with prejudice. Such dismissal does not apply to, and is without prejudice to, the claims of Plaintiffs Marblegate Asset Management, LLC and Marblegate Special Opportunities Master Fund, L.P. (Signed by Judge Katherine Polk Failla on 12/22/2014) (tn)
December 16, 2014 Opinion or Order Filing 52 ENDORSED LETTER addressed to Judge Katherine Polk Failla from Sean E. O'Donnell dated 12/16/2014 re: Counsel requests that the status conference currently scheduled for January 6, 2015 at 10:00 a.m. be rescheduled to January 7, 2015 at 11:45 a.m., or at any time thereafter on January 7 that Your Honor is available. ENDORSEMENT: Application GRANTED. The conference scheduled for January 6, 2015, is hereby rescheduled to January 7, 2015, at 11:45 a.m. (Status Conference set for 1/7/2015 at 11:45 AM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 12/16/2014) (tn)
December 15, 2014 Opinion or Order Filing 51 ORDER: For the reasons set forth in the Court's Opinion filed under seal on December 15, 2014, the motion for a preliminary injunction is DENIED. The parties are directed to file their materials in redacted form no later than December 29, 2014, and by the same date to submit a joint status letter to the Court suggesting redactions to the Opinion. Taking the parties' suggestions into consideration, the Court will then file the redacted Opinion publicly. Absent an appeal, the parties are also directed to appear before the Court for a conference on January 6, 2015, at 10:00 a.m. (Signed by Judge Katherine Polk Failla on 12/15/2014) (tn)
December 15, 2014 Opinion or Order Filing 50 SEALED DOCUMENT placed in vault.(nm)
December 15, 2014 Opinion or Order Set/Reset Hearings: Status Conference set for 1/6/2015 at 10:00 AM before Judge Katherine Polk Failla. (tn)
December 12, 2014 Opinion or Order Filing 49 LETTER addressed to Judge Katherine Polk Failla from Emil A. Kleinhaus dated 11/25/2014 re: The Education Management defendants submit this letter to update the Court regarding regulatory approvals of the proposed restructuring. Document filed by Education Management Corporation, Education Management Finance Corp., Education Management L.L.C. (tn)
December 5, 2014 Opinion or Order ***DELETED DOCUMENT. Deleted document number #56 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 11/21/2014. The document was incorrectly filed in this case. (tro)
December 5, 2014 Opinion or Order ***DELETED DOCUMENT. Deleted document number #55 TRANSCRIPT of Proceedings re: TRIAL held on 11/21/2014 before Judge Shira A. Scheindlin.. The document was incorrectly filed in this case. (tro)
December 5, 2014 Opinion or Order ***DELETED DOCUMENT. Deleted document number #54 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 11/20/2014. The document was incorrectly filed in this case. (tro)
December 5, 2014 Opinion or Order ***DELETED DOCUMENT. Deleted document number 50 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 11/18/2014. The document was incorrectly filed in this case. (tro)
December 5, 2014 Opinion or Order ***DELETED DOCUMENT. Deleted document number [51.] TRANSCRIPT of Proceedings re: TRIAL held on 11/19/2014 before Judge Shira A. Scheindlin.. The document was incorrectly filed in this case. (tro) Modified on 12/8/2014 (tro).
December 5, 2014 Opinion or Order ***DELETED DOCUMENT. Deleted document number #52 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 11/19/2014. The document was incorrectly filed in this case. (tro)
December 5, 2014 Opinion or Order ***DELETED DOCUMENT. Deleted document number #53 TRANSCRIPT of Proceedings re: TRIAL held on 11/20/2014 before Judge Shira A. Scheindlin.. The document was incorrectly filed in this case. (tro)
December 5, 2014 Opinion or Order ***DELETED DOCUMENT. Deleted document number #49 TRANSCRIPT of Proceedings re: TRIAL held on 11/18/2014 before Judge Shira A. Scheindlin.. The document was incorrectly filed in this case. (tro)
December 5, 2014 Opinion or Order Filing 48 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 11/19/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
December 5, 2014 Opinion or Order Filing 47 TRANSCRIPT of Proceedings re: HEARING held on 11/19/2014 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/29/2014. Redacted Transcript Deadline set for 1/8/2015. Release of Transcript Restriction set for 3/9/2015.(McGuirk, Kelly)
December 5, 2014 Opinion or Order Filing 46 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 11/18/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
December 5, 2014 Opinion or Order Filing 45 TRANSCRIPT of Proceedings re: HEARING held on 11/18/2014 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/29/2014. Redacted Transcript Deadline set for 1/8/2015. Release of Transcript Restriction set for 3/9/2015.(McGuirk, Kelly)
November 24, 2014 Opinion or Order Filing 44 STIPULATION AND ORDER: Neither Defendants nor any of their subsidiaries, affiliates or agents will consummate the Proposed Restructuring including, without limitation, the Intercompany Sale, the proposed transfer of assets, or the release of the Parent Guarantee or any other Guarantors on the Notes as described in the Restructuring Support Agreement, from October 28, 2014 until three days after the entry of an Order by the Court on the Motion following the evidentiary hearing (the "Pending Period"); During the Pending Period, Plaintiffs will not declare an Event of Default under the Indenture dated March 5, 2013 (the "Indenture") or exercise any remedies under the Indenture or like agreements; and The Exchange Offer shall remain open to all holders who have not tendered their Notes, including Plaintiffs, from October 28, 2014 until the expiration of the Pending Period; and During the Pending Period, the Intervenors will not declare an Event of Default under the Company's Third Amended and Restated Credit and Guaranty Agreement dated September 5, 2014 (the "Credit Agreement") or enforce any of their remedies under the Credit Agreement or like agreements related to the Credit Agreement. (Signed by Judge Katherine Polk Failla on 11/24/2014) (tn)
November 20, 2014 Opinion or Order Filing 43 ORDER granting #42 Motion for Aaron L. Renenger to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 11/20/2014) (tn)
November 19, 2014 Opinion or Order Filing 42 MOTION for Aaron Lee Renenger to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Steering Committee for the Ad Hoc Committee of Term Loan Lenders of Education Management. (Attachments: #1 Exhibit CA Cert. of Good Standing, #2 Exhibit DC Cert. of Good Standing, #3 Text of Proposed Order Proposed Order)(Apps, Antonia)
November 19, 2014 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #42 MOTION for Aaron Lee Renenger to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
November 18, 2014 Opinion or Order Minute Entry for proceedings held before Judge Katherine Polk Failla: Motion Hearing held in re: Pltff's. application for a Preliminary Injunction on 11/18/2014 and completed on 11/19/2014. Decision reserved. (Court Reporter Linda Fischer) (Lopez, Jose)
November 18, 2014 Opinion or Order Filing 41 ORDER: It is hereby Ordered that the following attorney(s) are authorized to bring the Personal Electronic Devices(s) and/or the General Purpose Computing Device(s) listed below into the Courthouse for use in a proceeding or trial in the action captioned Marblegate Asset Management, LLC, et al. v. Eduction Management Corporation, et al., No. 14cv8584, on 11/18-11/19/2014, as further set forth in the attachment of this order. (Signed by Judge Katherine Polk Failla on 11/17/2014) (rjm)
November 18, 2014 Opinion or Order Pro Hac Vice Fee Payment: for #39 MOTION for Aaron L. Renenger to Appear Pro Hac Vice Motion to Admit Counsel Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number 0208-10322986.(Apps, Antonia)
November 18, 2014 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #39 MOTION for Aaron L. Renenger to Appear Pro Hac Vice Motion to Admit Counsel Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Filing fee not paid. Certificate of Good Standing Must be issued from Supreme Court of California with a Clerk of Court Signature. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (wb)
November 17, 2014 Opinion or Order Filing 40 ORDER: It is hereby Ordered that the following attorney(s) are authorized to bring the Personal Electronic Devices(s) and/or the General Purpose Computing Device(s) listed below into the Courthouse for use in a proceeding or trial in the action captioned Marblegate Asset Management, LLC, et al. v. Eduction Management Corporation, et al., No. 14cv8584, on 11/18-11/19/2014, as further set forth in the attachment of this order. (Signed by Judge Katherine Polk Failla on 11/17/2014) (rjm)
November 17, 2014 Opinion or Order Filing 39 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Aaron L. Renenger to Appear Pro Hac Vice Motion to Admit Counsel Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Steering Committee for the Ad Hoc Committee of Term Loan Lenders of Education Management. (Attachments: #1 Exhibit 2014 CA Certificate of Good Standing, #2 Exhibit 2014 DC Certificate of Good Standing, #3 Text of Proposed Order)(Apps, Antonia) Modified on 11/18/2014 (wb).
November 17, 2014 Opinion or Order Filing 38 ORDER granting #34 Letter Motion for Leave to File Excess Pages: Because Plaintiffs must respond to both Defendants' and Intervenors' briefs, application GRANTED. (Signed by Judge Katherine Polk Failla on 11/16/2014) (tn)
November 17, 2014 Opinion or Order Filing 37 ORDER: that the following attorney(s) are authorized to bring the Personal Electronic Devices(s) and/or the General Purpose Computing Device(s) listed below into the Courthouse for use in a proceeding or trial in the action captioned Marblegate Asset Management, LLC, et al. v. Education Management Corporation, et al., No. 14cv8584, on 11/17-11/19/2014, as further set forth in the attachment of this order. (Signed by Judge Katherine Polk Failla on 11/15/2014) (tn) Modified on 11/18/2014 (tn).
November 17, 2014 Opinion or Order Filing 36 ORDER: I hereby authorize Courtroom Connect, a Southern District of New York contracted vendor, to provide the parties and their counsel in the above-captioned action with Internet connectivity for the duration of the proceedings scheduled for November 18 and 19, 2014. Courtroom Connect can proceed to make proper arrangements with the District Executive Office of the Court. (Signed by Judge Katherine Polk Failla on 11/15/2014) (tn)
November 16, 2014 Opinion or Order Filing 34 LETTER MOTION for Leave to File Excess Pages addressed to Judge Katherine Polk Failla from Jessica Greenwood dated November 16, 2014. Document filed by Magnolia Road Capital L.P., Magnolia Road Global Credit Master Fund L.P., Marbelgate Special Opportuinities Master Fund, L.P., Marblegate Asset Management, L.L.C..(Greenwood, Jessica)
November 14, 2014 Opinion or Order Filing 35 ORDER granting #30 Motion for Jessica Greenwood to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 11/14/2014) (rjm)
November 14, 2014 Opinion or Order Filing 33 DECLARATION of James W. Burke in Support of the Opposition to Plaintiffs Motion for a Preliminary Injunction of the Steering Committee for the Ad Hoc Committee of Term Loan Lenders of Education Management LLC in Support re: #32 Opposition Brief,. Document filed by Steering Committee for the Ad Hoc Committee of Term Loan Lenders of Education Management. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H)(Apps, Antonia)
November 13, 2014 Opinion or Order Filing 32 OPPOSITION BRIEF Opposition to Plaintiffs Motion for a Preliminary Injunction of the Steering Committee for the Ad Hoc Committee of Term Loan Lenders of Education Management LLC. Document filed by Steering Committee for the Ad Hoc Committee of Term Loan Lenders of Education Management.(Apps, Antonia)
November 13, 2014 Opinion or Order Filing 31 ORDER denying #29 Letter Motion for Leave to File Excess Pages: Application DENIED. (Signed by Judge Katherine Polk Failla on 11/13/2014) (tn)
November 13, 2014 Opinion or Order Filing 30 MOTION for Jessica Greenwood to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10307190. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Magnolia Road Global Credit Master Fund L.P., Marbelgate Special Opportuinities Master Fund, L.P., Marblegate Asset Management, L.L.C..(Greenwood, Jessica)
November 13, 2014 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #30 MOTION for Jessica Greenwood to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10307190. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
November 12, 2014 Opinion or Order Filing 29 LETTER MOTION for Leave to File Excess Pages addressed to Judge Katherine Polk Failla from John F. Lynch dated November 12, 2014. Document filed by Education Management Corporation, Education Management Finance Corp., Education Management L.L.C..(Lynch, John)
November 12, 2014 Opinion or Order Filing 28 NOTICE OF APPEARANCE by Linda Dakin-Grimm on behalf of Steering Committee for the Ad Hoc Committee of Term Loan Lenders of Education Management. (Dakin-Grimm, Linda)
November 10, 2014 Opinion or Order Filing 27 NOTICE OF APPEARANCE by Stephen R. DiPrima on behalf of Education Management Corporation, Education Management Finance Corp., Education Management L.L.C.. (DiPrima, Stephen)
November 10, 2014 Opinion or Order Filing 26 ORDER granting #24 Motion for Donald Burke to Appear Pro Hac Vice. (Signed by Judge Katherine Polk Failla on 11/10/2014) (tn)
November 7, 2014 Opinion or Order Filing 25 NOTICE OF APPEARANCE by Ariel Lavinbuk on behalf of Magnolia Road Capital L.P., Magnolia Road Global Credit Master Fund L.P., Marbelgate Special Opportuinities Master Fund, L.P., Marblegate Asset Management, L.L.C.. (Lavinbuk, Ariel)
November 7, 2014 Opinion or Order Filing 24 MOTION for Donald Burke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10292816. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Magnolia Road Capital L.P., Magnolia Road Global Credit Master Fund L.P., Marbelgate Special Opportuinities Master Fund, L.P., Marblegate Asset Management, L.L.C.. (Attachments: #1 Certificates of Good Standing, #2 Proposed Order)(Burke, Donald)
November 7, 2014 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 MOTION for Donald Burke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10292816. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
November 6, 2014 Opinion or Order Filing 23 ORDER granting #18 Motion to Intervene: that for the reasons set forth in Intervenor's memorandum of law, the motion to intervene under Fed. R. Civ. P. 24(b) is hereby GRANTED. (Signed by Judge Katherine Polk Failla on 11/6/2014) (tn)
November 6, 2014 Opinion or Order Filing 22 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Centerbridge Partners, L.P., Corporate Parent HG Vora Capital Management, LLC, Corporate Parent KGT/PLH Capital, LP, Corporate Parent KGT Investments, LLC, Corporate Parent KKR Credit Advisors (US) LLC, Corporate Parent KKR & Co. L.P., Corporate Parent Oak Hill Advisors, LP, Corporate Parent Oaktree Capital Management, L.P., Corporate Parent Oaktree Capital Group, LLC, Corporate Parent Regiment Capital Advisors, LP, Corporate Parent KGT/PLH Capital GP, LLC, Corporate Parent Regiment Capital Advisors LLC for Steering Committee for the Ad Hoc Committee of Term Loan Lenders of Education Management. Document filed by Steering Committee for the Ad Hoc Committee of Term Loan Lenders of Education Management.(Apps, Antonia)
November 6, 2014 Opinion or Order Filing 21 NOTICE OF APPEARANCE by Antonia Marie Apps on behalf of Steering Committee for the Ad Hoc Committee of Term Loan Lenders of Education Management. (Apps, Antonia)
November 6, 2014 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Antonia Marie Apps to RE-FILE Document #20 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb)
November 5, 2014 Opinion or Order Filing 20 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by Steering Committee for the Ad Hoc Committee of Term Loan Lenders of Education Management.(Apps, Antonia) Modified on 11/6/2014 (lb).
November 5, 2014 Opinion or Order Filing 19 MEMORANDUM OF LAW in Support re: #18 MOTION to Intervene Notice of Motion of The Steering Committee for The Ad Hoc Committee of Term Loan Lenders of Education Management LLC to Intervene Pursuant to Fed. R. Civ. P. 24(A)(2) and 24(B)(1)(B). . Document filed by Steering Committee for the Ad Hoc Committee of Term Loan Lenders of Education Management. (Apps, Antonia)
November 5, 2014 Opinion or Order Filing 18 MOTION to Intervene Notice of Motion of The Steering Committee for The Ad Hoc Committee of Term Loan Lenders of Education Management LLC to Intervene Pursuant to Fed. R. Civ. P. 24(A)(2) and 24(B)(1)(B). Document filed by Steering Committee for the Ad Hoc Committee of Term Loan Lenders of Education Management.(Apps, Antonia)
November 4, 2014 Opinion or Order Filing 17 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 10/28/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
November 4, 2014 Opinion or Order Filing 16 TRANSCRIPT of Proceedings re: conference held on 10/28/2014 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/1/2014. Redacted Transcript Deadline set for 12/8/2014. Release of Transcript Restriction set for 2/5/2015.(McGuirk, Kelly)
October 31, 2014 Opinion or Order Filing 14 NOTICE OF APPEARANCE by Lucy Caitlin Malcolm on behalf of Magnolia Road Capital L.P., Magnolia Road Global Credit Master Fund L.P., Marbelgate Special Opportuinities Master Fund, L.P., Marblegate Asset Management, L.L.C.. (Malcolm, Lucy)
October 31, 2014 Opinion or Order Filing 13 NOTICE OF APPEARANCE by Joseph Lee Sorkin on behalf of Magnolia Road Capital L.P., Magnolia Road Global Credit Master Fund L.P., Marbelgate Special Opportuinities Master Fund, L.P., Marblegate Asset Management, L.L.C.. (Sorkin, Joseph)
October 31, 2014 Opinion or Order Filing 12 NOTICE OF APPEARANCE by Lawrence Saul Robbins on behalf of Magnolia Road Capital L.P., Magnolia Road Global Credit Master Fund L.P., Marbelgate Special Opportuinities Master Fund, L.P., Marblegate Asset Management, L.L.C.. (Robbins, Lawrence)
October 30, 2014 Opinion or Order Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Education Management Corp., Other Affiliate Goldman Sachs Capital Partners, Other Affiliate The Goldman Sachs Group Inc., Other Affiliate Providence Equity Partners for Education Management Finance Corp., Education Management L.L.C.; Other Affiliate Goldman Sachs Capital Partners, Other Affiliate The Goldman Sachs Group Inc., Other Affiliate Providence Equity Partners for Education Management Corporation. Document filed by Education Management Corporation, Education Management Finance Corp., Education Management L.L.C..(Lynch, John)
October 30, 2014 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney John F. Lynch to RE-FILE Document #10 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Not All Corporate Parents were added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb)
October 29, 2014 Opinion or Order Filing 10 FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Education Management Corp. for Education Management Finance Corp., Education Management L.L.C.. Document filed by Education Management Corporation, Education Management Finance Corp., Education Management L.L.C..(Lynch, John) Modified on 10/30/2014 (lb).
October 29, 2014 Opinion or Order Filing 9 NOTICE OF APPEARANCE by John F. Lynch on behalf of Education Management Corporation, Education Management Finance Corp., Education Management L.L.C.. (Lynch, John)
October 29, 2014 Opinion or Order Filing 8 NOTICE OF APPEARANCE by Emil A. Kleinhaus on behalf of Education Management Corporation, Education Management Finance Corp., Education Management L.L.C.. (Kleinhaus, Emil)
October 29, 2014 Opinion or Order Filing 7 NOTICE OF APPEARANCE by Jasand Patric Mock on behalf of Education Management Corporation, Education Management Finance Corp., Education Management L.L.C.. (Mock, Jasand)
October 29, 2014 Opinion or Order Filing 6 NOTICE OF APPEARANCE by Lauren Marie Kofke on behalf of Education Management Corporation, Education Management Finance Corp., Education Management L.L.C.. (Kofke, Lauren)
October 29, 2014 Opinion or Order Filing 5 NOTICE OF APPEARANCE by Mohit Gourisaria on behalf of Education Management Corporation, Education Management Finance Corp., Education Management L.L.C.. (Gourisaria, Mohit)
October 29, 2014 Opinion or Order Filing 4 NOTICE OF APPEARANCE by Alexander Lees on behalf of Education Management Corporation, Education Management Finance Corp., Education Management L.L.C.. (Lees, Alexander)
October 28, 2014 Opinion or Order Filing 15 COMPLAINT against Education Management Corporation, Education Management Finance Corp., Education Management L.L.C.. Document filed by Marblegate Asset Management, L.L.C., Marbelgate Special Opportuinities Master Fund, L.P., Magnolia Road Global Credit Master Fund L.P., Magnolia Road Capital L.P..(laq)
October 28, 2014 Opinion or Order Filing 3 SEALED DOCUMENT placed in vault.(nm)
October 28, 2014 Opinion or Order Minute Entry for proceedings held before Judge Katherine Polk Failla: Pretrial Conference held on 10/28/2014 in connection with pltff's. prel. inj.& T.R.O. application. (Court Reporter Tom Murray) (Lopez, Jose)
October 28, 2014 Opinion or Order Filing 2 CIVIL COVER SHEET filed. (laq) (laq).
October 28, 2014 Opinion or Order Filing 1 ORDER SEALING COMPLAINT OTHER DOCUMENTS/EXHIBITS. (Signed by Judge Deborah A. Batts on 10/28/2014) (laq)
October 28, 2014 Opinion or Order Magistrate Judge Kevin Nathaniel Fox is so designated. (laq)
October 28, 2014 Opinion or Order Case Designated ECF. (laq)

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Search for this case: Marblegate Asset Management, L.L.C. et al v. Education Management Corporation et al
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Plaintiff: Marblegate Asset Management, L.L.C.
Represented By: Sean E O'Donnell
Represented By: Ariel Lavinbuk
Represented By: Donald Burke
Represented By: Jessica Greenwood
Represented By: Joseph Lee Sorkin
Represented By: Lawrence Saul Robbins
Represented By: Lucy Caitlin Malcolm
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Plaintiff: Marbelgate Special Opportuinities Master Fund, L.P.
Represented By: Sean E O'Donnell
Represented By: Ariel Lavinbuk
Represented By: Donald Burke
Represented By: Jessica Greenwood
Represented By: Joseph Lee Sorkin
Represented By: Lawrence Saul Robbins
Represented By: Lucy Caitlin Malcolm
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Plaintiff: Magnolia Road Capital L.P.
Represented By: Sean E O'Donnell
Represented By: Ariel Lavinbuk
Represented By: Donald Burke
Represented By: Jessica Greenwood
Represented By: Joseph Lee Sorkin
Represented By: Lawrence Saul Robbins
Represented By: Lucy Caitlin Malcolm
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Plaintiff: Magnolia Road Global Credit Master Fund L.P.
Represented By: Sean E O'Donnell
Represented By: Ariel Lavinbuk
Represented By: Donald Burke
Represented By: Jessica Greenwood
Represented By: Joseph Lee Sorkin
Represented By: Lawrence Saul Robbins
Represented By: Lucy Caitlin Malcolm
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Defendant: Education Management Corporation
Represented By: Emil A. Kleinhaus
Represented By: John F. Lynch
Represented By: Alexander Lees
Represented By: Jasand Patric Mock
Represented By: Lauren Marie Kofke
Represented By: Mohit Gourisaria
Represented By: Stephen R. DiPrima
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Defendant: Education Management L.L.C.
Represented By: Emil A. Kleinhaus
Represented By: John F. Lynch
Represented By: Alexander Lees
Represented By: Jasand Patric Mock
Represented By: Lauren Marie Kofke
Represented By: Mohit Gourisaria
Represented By: Stephen R. DiPrima
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Defendant: Education Management Finance Corp.
Represented By: Emil A. Kleinhaus
Represented By: John F. Lynch
Represented By: Alexander Lees
Represented By: Jasand Patric Mock
Represented By: Lauren Marie Kofke
Represented By: Mohit Gourisaria
Represented By: Stephen R. DiPrima
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Intervenor: Steering Committee for the Ad Hoc Committee of Term Loan Lenders of Education Management
Represented By: Antonia Marie Apps
Represented By: Linda Dakin-Grimm
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