Phoenix Light SF Limited et al v. Deutsche Bank National Trust Company
| Phoenix Light SF Limited, C-Bass CBO XIV Ltd., C-Bass CBO XII Ltd., Kleros Preferred Funding V Plc, Silver Elms CDO plc, Silver Elms CDO II Limited and Blue Heron Funding IX Ltd. |
| Deutsche Bank National Trust Company |
| 1:2014cv10103 |
| December 23, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| John G. Koeltl |
| Other Statutory Actions |
| 15 U.S.C. ยง 77 |
| Plaintiff |
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Filing
436
CLERK'S JUDGMENT re: 435 Memorandum & Opinion, in favor of Deutsche Bank National Trust Company, Deutsche Bank Trust Company Americas against Blue Heron Funding IX Ltd., Blue Heron Funding V Ltd., Blue Heron Funding VI Ltd., Blue Heron Fun ding VII Ltd., C-Bass CBO XIV Ltd., C-Bass CBO XVII Ltd., Kleros Preferred Funding V Plc, Phoenix Light SF Limited, Silver Elms CDO II Limited, Silver Elms CDO plc. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court 's Opinion and Order dated February 8, 2022, The Court has considered all of the arguments of the parties. To the extent not specifically addressed above, the remaining arguments are either moot or without merit. For the reasons explained above, DB's supplemental motion for summary judgment is granted. DB's motions for summary judgment in the Phoenix Light Action and in the Commerzbank Action are granted in part and denied in part. The Plaintiffs' motion for partial summary j udgment is denied. The Clerk is directed to enter judgment dismissing the Phoenix Light Action (14-cv-10103). The Phoenix Light Action (14-cv-10103) is dismissed.. (Signed by Clerk of Court Ruby Krajick on 2/9/2022) (Attachments: # 1 Notice of Right to Appeal) (dt)
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Filing
435
OPINION AND ORDER re: (161 in 1:15-cv-10031-JGK-DCF) MOTION for Summary Judgment filed by Deutsche Bank National Trust Company, Deutsche Bank Trust Company Americas, (208 in 1:15-cv-10031-JGK-DCF) LETTER MOTION for Oral Argument a ddressed to Judge John G. Koeltl from Jay S. Handlin dated March 8, 2019 filed by Commerzbank AG, (158 in 1:15-cv-10031-JGK-DCF) MOTION for Summary Judgment filed by Commerzbank AG, (320 in 1:14-cv-10103-JGK-DCF) LETTER MOTION for Oral A rgument addressed to Judge John G. Koeltl from Jay S. Handlin dated March 8, 2019 filed by Silver Elms CDO plc, Phoenix Light SF Limited, Blue Heron Funding V Ltd., Kleros Preferred Funding V Plc, Blue Heron Funding IX Ltd., Silver Elms CDO II Limited, Blue Heron Funding VI Ltd., C-Bass CBO XVII Ltd., C-Bass CBO XIV Ltd., Blue Heron Funding VII Ltd., (420 in 1:14-cv-10103-JGK-DCF) SUPPLEMENTAL MOTION for Summary Judgment filed by Deutsche Bank National Trust Company, Deutsche Bank Trust Company Americas, (269 in 1:14-cv-10103-JGK-DCF) MOTION for Summary Judgment filed by Silver Elms CDO plc, Phoenix Light SF Limited, Blue Heron Funding V Ltd., Silver Elms CDO II Limited, Blue Heron Funding IX L td., Kleros Preferred Funding V Plc, Blue Heron Funding VI Ltd., C-Bass CBO XVII Ltd., C-Bass CBO XIV Ltd., Blue Heron Funding VII Ltd., (272 in 1:14-cv-10103-JGK-DCF) MOTION for Summary Judgment filed by Deutsche Bank National Trust Company, Deutsche Bank Trust Company Americas, (214 in 1:15-cv-10031-JGK-DCF) LETTER MOTION to Seal Document addressed to Judge John G. Koeltl from Kevin J. Biron dated 03/18/2019 filed by Deutsche Bank National Trust Company, Deutsche Ba nk Trust Company Americas. The Court has considered all of the arguments of the parties. To the extent not specifically addressed above, the remaining arguments are either moot or without merit. For the reasons explained above, DB's supplement al motion for summary judgment is granted. DB's motions for summary judgment in the Phoenix Light Action and in the Commerzbank Action are granted in part and denied in part. The Plaintiffs' motion for partial summary judgment is denied. Th e Clerk is directed to enter judgment dismissing the Phoenix Light Action (14-cv-10103). The Clerk is directed to close all pending motions in the Phoenix Light Action (14-cv-10103). The Clerk is directed to close all pending motions in the Commerzba nk Action (15-cv-10031) and to lift the stay in that action. The parties in the Commerzbank Action are directed to submit a proposed Phase 2 scheduling order with respect to the outstanding claims in that action by February 25, 2022. SO ORDERED. (Signed by Judge John G. Koeltl on 2/8/2022) (va) Transmission to Orders and Judgments Clerk for processing.
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Filing
430
ORDER: The defendants are directed to submit courtesy copies of the papers filed in connection with their supplemental motion for summary judgment. See Individual Practice II.C. SO ORDERED. (Signed by Judge John G. Koeltl on 12/6/2021) (ks)
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Filing
419
ORDER: Accordingly, the Court sets the following briefing schedule: The defendants may file a supplemental motion for summary judgment addressing Phoenix Light SF DAC, 2021 WL 4515256, by October 27, 2021. The memorandum in support of the supplemen tal motion for summary judgment may be no longer than 15 pages. It should be accompanied by a Rule 56.1 Statement and any necessary supporting declarations. The plaintiffs' opposition to any supplemental motion for summary judgment is due by N ovember 10, 2021. The memorandum in opposition may be no longer than 15 pages. It should be accompanied by a response to the defendants' Rule 56.1 Statement and any necessary supporting declarations. The defendants' reply is due by November 19, 2021. The reply memorandum may be no longer than 8 pages. SO ORDERED. (Signed by Judge John G. Koeltl on 10/13/2021) ( Motions due by 10/27/2021., Responses due by 11/10/2021, Replies due by 11/19/2021.) (ks)
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Filing
414
ORDER: The parties are directed to submit letters to the Court by Thursday, October 7, 2021, addressing the Second Circuit Court of Appeals' decision in Phoenix Light SF DAC v. U.S. Bank Nat'l Ass'n, No. 20-1312-cv (2d Cir. Oct. 4, 2021). SO ORDERED. (Signed by Judge John G. Koeltl on 10/4/2021) (ks)
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Filing
390
ORDER, The Court will hold oral argument on the parties' motion for summary judgment on August 3, 2021 at 10:00 AM, in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. Public dial-in option: 888 363-4749, with access code 8140049. SO ORDERED. ( Oral Argument set for 8/3/2021 at 10:00 AM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 7/23/21) (yv)
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Filing
389
ORDER granting 388 Letter Motion to Adjourn Conference. Argument adjourned to 8/3/21 at 10:00AM. So ordered. Oral Argument set for 8/3/2021 at 10:00 AM before Judge John G. Koeltl. (Signed by Judge John G. Koeltl on 7/16/2021) (mml)
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Filing
147
OPINION AND ORDER re: 146 LETTER MOTION to Compel Deutsche Bank National Trust Co. to produce documents referencing individual loan numbers addressed to Magistrate Judge Debra C. Freeman from Christopher J. Lucht dated May 23, 2017. filed by Silver Elms CDO plc, Phoenix Light SF Limited, Blue Heron Funding V Ltd., Kleros Preferred Funding V Plc, Blue Heron Funding IX Ltd., Silver Elms CDO II Limited, Blue Heron Funding VI Ltd., C-Bass CBO XVII Ltd., C-Bass CBO XIV Ltd., Blue Heron Funding VII Ltd., 144 LETTER MOTION to Compel Deutsche Bank National Trust Co. to produce addressed to Magistrate Judge Debra C. Freeman from Christopher J. Lucht dated May 12, 2017. filed by Silver Elms CDO plc, Phoenix Light SF Limited, Blue Heron Funding V Ltd., Silver Elms CDO II Limited, Blue Heron Funding IX Ltd., Kleros Preferred Funding V Plc, Blue Heron Funding VI Ltd., C-Bass CBO XVII Ltd., C-Bass CBO XIV Ltd., Blue Heron Fun ding VII Ltd. Plaintiffs' motion to compel (Dkt. 144) is granted, to the extent that Defendant is directed to run a search for ESI (specifically emails), using, as search terms, the 16,000 individual loan numbers listed in Defendant's Re purchase Tracking Log (DBNTC PHOENIX LIGHT 2731279), and to produce to Plaintiff all responsive, non-privileged documents discovered through that search, unless already produced in discovery in identical form. If Defendant believes it would be hel pful to add qualifiers to this search, to try to avoid "false hits" (in other words, to try to exclude documents where the searched-for series of digits (constituting the loan numbers) are found, instead, in telephone numbers, Social Sec urity numbers, or zip codes), then counsel should confer in good faith regarding the use of such qualifiers, and attempt to reach agreement on methodology. This Court's ordering of only a sample loan-number search at this time is without preju dice to Plaintiffs' right to renew its motion for a more extensive search, should Plaintiffs believe that the results of the sample search would justify a search for more loan numbers. The Clerk of Court is directed to close Dkts. 144 and 146 on the Docket of this action, consistent with this Opinion and Order. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 6/5/17) Copies Sent By Chambers (via ECF). (yv)
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Filing
70
OPINION AND ORDER. The Court has considered all of the arguments by the parties. To the extent not specifically addressed above, the parties' arguments are either moot or without merit. For the foregoing reasons, Deutsche Bank's motion to d ismiss is denied in part and granted in part. The Clerk of Court is directed to close all pending motions. re: 26 MOTION to Dismiss Defendant's Notice of Motion to Dismiss the Amended Complaint filed by Deutsche Bank National Trus t Company, 10 MOTION for Matthew C. Davies to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10483407 filed by Phoenix Light SF Limited, 7 MOTION for George A. Zelcs to Appear Pro Hac Vice . Filin g fee $ 200.00, receipt number 0208-10483276 filed by Phoenix Light SF Limited, 8 MOTION for John A. Libra to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10483332 filed by Phoenix Light SF Limited, 35 MOTION to Dismiss the second amended complaint filed by Deutsche Bank National Trust Company, 9 MOTION for Maximilian C. Gibbons to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10483379 filed by Phoenix Light SF Limited. (Signed by Judge John G. Koeltl on 3/28/2016) (rjm)
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