In Re: Bernard L. Madoff Investment Securities, LLC
| Bernard L. Madoff Investment Securities, LLC |
| Murray Pergament 1999 Trust f/b/o Bruce Pergament, et al., amici represented by Pryor Cashman LLP, Estate of Doris M. Pearlman, Jeffrey Hinte and Stuart J. Rabin |
| Irving H. Picard |
| Securities Investor Protection Corporation |
| Elliot G. Sagor |
| 1:2015cv01263 |
| February 20, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Paul A Engelmayer |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 0158 |
| None |
Docket Report
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| Transmission of USCA Mandate/Order to the District Judge re: #42 USCA Mandate. (tp) |
| Filing 42 MANDATE of USCA (Certified Copy) as to #41 Notice of Appeal, filed by Elliot G. Sagor USCA Case Number 16-0413. ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of said District Court be and it hereby is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 7/13/2017. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #41 Notice of Appeal, filed by Elliot G. Sagor were transmitted to the U.S. Court of Appeals. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #41 Notice of Appeal. (tp) |
| Filing 41 NOTICE OF APPEAL from #40 Clerk's Judgment, #39 Memorandum & Opinion,. Document filed by Elliot G. Sagor. Filing fee $ 505.00, receipt number 0208-11949099. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Exhibit A (January 14 Opinion & Order), #2 Exhibit B (Judgment entered January 27, 2016))(Sagor, Elliot) |
| Filing 40 CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated January 14, 2016, the Order of the Bankruptcy Court approving the use of the Inter-Account Method is affirmed and the appeals challenging the Order are denied; accordingly, the cases are closed. (Signed by Clerk of Court Ruby Krajick on 01/27/2016) (Attachments: #1 Right to Appeal, #2 Right to Appeal)(km) |
| Transmission to Judgments and Orders Clerk. Transmitted re: #39 Memorandum & Opinion, to the Judgments and Orders Clerk. (kl) |
Filing 39
OPINION & ORDER: For the reasons stated above, the Order of the Bankruptcy Court approving the use of the Inter-Account Method is affirmed and the appeals challenging the Order are denied. The Clerk of Court is respectfully directed to close the above-captioned cases. (As further set forth in this Order) (Signed by Judge Paul A. Engelmayer on 1/14/2016) (kl)
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| Filing 38 LETTER addressed to Judge Paul A. Engelmayer from Elliot G. Sagor dated 12/17/2015 re: Response to Order of Hon. Paul A Engelmayer dated 12/15/2015. Document filed by Elliot G. Sagor.(Sagor, Elliot) |
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Filing 37
ORDER: Appellant Elliot Sagor adopted the arguments of other appellants, including specifically, ERISA arguments. See 15 Civ. 1263, Dkt. 13 at 30 ("Sagor Br."); see also Adv. Pro. No. 08-01789, Dkt. 6900 at 16 n.28 (referencing ERISA related arguments made by other claimants). However, Sagor represents that the relevant transfer in question originated from an "omnibus account" he contributed to "through some of my [law firm] partners," and was transferred into a "self-directed IRA account" with BLMIS because "I could not have pension money in a joint omnibus account at BLMIS" after his former law firm merged with another firm. Sagor Br. at 2-3. The arguments raised by Most regarding transfers from ERISA accounts to an IRA, therefore, do not appear to encompass the factual context of Sagor's claims because the transferor account was not held pursuant to an ERISA pension plan, and Sagor's brief does not offer any explanation for why the ERISA-based arguments would apply to his claims. The joint Appellants' Brief from the other three related cases, 15 Civ. 1151, Dkt. 12; 15 Civ. 1195, Dkt. 11; 15 Civ. 1236, Dkt. 14, do not adopt the arguments raised by Most regarding ERISA. Therefore, in light of Most's withdrawal of his appeal, it appears to the Court that Most's arguments pertaining to ERISA are no longer presented on this appeal, and no longer need be resolved. In the event that any party believes otherwise, it is to submit, via ECF, by December 17, 2015, a short letter to the Court explaining the basis for this position. (As further set forth in this Order) (Signed by Judge Paul A. Engelmayer on 12/15/2015) (kl)
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| Minute Entry for proceedings held before Judge Paul A. Engelmayer: Argument on Bankruptcy Appeal held on 9/17/2015. Oral Argument heard. Court adjourned. (Court Reporter Kelly Serena) (ml) |
| Filing 36 NOTICE OF APPEARANCE by Sarah Peck Kenney on behalf of Stuart J. Rabin. (Kenney, Sarah) |
| Filing 35 NOTICE OF APPEARANCE by Gerald Allen Novack on behalf of Stuart J. Rabin. (Novack, Gerald) |
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Filing 34
MEMO ENDORSEMENT on re: (27 in 1:15-cv-01195-PAE) Notice of Substitution of Attorney, filed by Estate of Doris M. Pearlman, (33 in 1:15-cv-01263-PAE) Notice of Substitution of Attorney, filed by Estate of Doris M. Pearlman, (33 in 1:15-cv-01236-PAE) Notice of Substitution of Attorney, filed by Estate of Doris M. Pearlman, (30 in 1:15-cv-01151-PAE) Notice of Substitution of Attorney, filed by Estate of Doris Pearlman, (28 in 1:15-cv-01223-PAE) Notice of Substitution of Attorney, filed by Estate of Doris M. Pearlman. ENDORSEMENT: SO ORDERED. Attorney Richard Allen Kirby for Estate of Doris M. Pearlman added. (Signed by Judge Paul A. Engelmayer on 9/14/2015) (kl) Modified on 9/14/2015 (kl).
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| Filing 33 NOTICE of Substitution of Attorney. Old Attorney: Martha Rodriguez-Lopez, New Attorney: Richard A. Kirby, Address: Baker & McKenzie LLP, 815 Connecticut Avenue, NW, Washington, DC, USA 20006, 202-416-7020. Document filed by Estate of Doris M. Pearlman. (Kirby, Richard) |
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Filing 32
ORDER: The following order is to be filed in each of the above-captioned cases, which are all related. On August 7, 2015, the Court scheduled oral argument in this case for September 15, 2015. Dkt. 26. To accommodate counsel, the Court hereby reschedules oral argument for Thursday, September 17, 2015 at 9:30 a.m. In addition, on August 11, 2015, amici in support of the appellants requested leave to participate in the oral argument, which was consented to by all other parties to the appeal. Dkt. 28. The Court hereby GRANTS amici's request to participate in oral argument through a single, designated representative. (Oral Argument set for 9/17/2015 at 09:30 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 8/13/2015) (kl)
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Filing 31
ORDER SCHEDULING ORAL ARGUMENT: The following order is to be filed in each of the above-captioned cases, which are all related. Appellants in the above referenced matter have jointly requested oral argument in their appeals from the bankruptcy court. Oral argument on the appeals is set for Tuesday, September 15 at 10 a.m. Two hours has been allocated for argument. (Oral Argument set for 9/15/2015 at 10:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 8/6/2015) (kl)
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| Filing 30 LETTER addressed to Judge Paul A. Engelmayer from David J. Sheehan dated June 30, 2015 re: Enclosing Supplemental Authority. Document filed by Irving H. Picard. (Attachments: #1 Decision)(Sheehan, David) |
| Filing 29 Appellant's REPLY BRIEF. Document filed by Elliot G. Sagor. (Sagor, Elliot) |
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Filing 28
ORDER granting #27 Letter Motion for Leave to File Excess Pages. Granted. Appellant Elliot G. Sagor may file a 12-page reply brief, which is due June 25, 2015. (Signed by Judge Paul A. Engelmayer on 6/24/2015) (kl)
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| Filing 27 LETTER MOTION for Leave to File Excess Pages addressed to Judge Paul A. Engelmayer from ELLIOT G. SAGOR, ESQ. dated June 24, 2015. Document filed by Elliot G. Sagor.(Sagor, Elliot) |
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Filing 26
ORDER: ORDER granting #24 Letter Motion for Extension of Time to File Response/Reply. Granted. Reply briefs are now due June 25, 2015. The Court appreciates counsels' coordinated efforts. SO ORDERED. (Original Motion was filed in case 15 cv 1236 as Doc.25). ( Appellant Reply Brief due by 6/25/2015.) (Signed by Judge Paul A. Engelmayer on 5/29/2015) (ama)
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| Filing 25 Appellee's BRIEF. Document filed by Irving H. Picard. Appellant Reply Brief due by 6/10/2015. (Attachments: #1 Appendix Volume I of VII, #2 Appendix Volume II of VII, #3 Appendix Volume III of VII, #4 Appendix Volume IV of VII, #5 Appendix Volume V of VII, #6 Appendix Volume VI of VII, #7 Appendix Volume VII of VII, #8 Affidavit of Service)(Sheehan, David) |
| Filing 24 Appellee's BRIEF. Document filed by Securities Investor Protection Corporation. Appellant Reply Brief due by 6/10/2015. (Attachments: #1 Certificate of Service)(Bell, Kevin) |
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Filing 23
ORDER granting #22 Letter Motion for Leave to File Excess Pages addressed to Judge Paul A. Engelmayer from Amy Vanderwal dated May 12, 2015. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/12/2015) (kko)
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| Filing 22 LETTER MOTION for Leave to File Excess Pages addressed to Judge Paul A. Engelmayer from Amy Vanderwal dated May 12, 2015. Document filed by Irving H. Picard.(Vanderwal, Amy) |
| Filing 21 NOTICE of Disclosure Statement of Amicus Curiae Represented by Goodwin Procter LLP Pursuant to Fed.R.Bankr.P.8012 re: #16 Brief. Document filed by Jeffrey Hinte. (Weintraub, William) |
| Filing 20 NOTICE of Disclosure Statement Of Certain Amicus Curiae Pursuant To Fed. R. Bankr. P. 8012 re: #16 Brief. Document filed by Murray Pergament 1999 Trust f/b/o Bruce Pergament, et al., amici represented by Pryor Cashman LLP. (Levy, Richard) |
| Filing 19 NOTICE of DISCLOSURE STATEMENT OF AMICUS CURIAE REPRESENTED BY K&L GATES LLP PURSUANT TO FED. R. BANKR. P. 8012 re: #16 Brief. Document filed by Estate of Doris M. Pearlman. (Kirby, Richard) |
| Filing 18 NOTICE of Filing Of Corrected Appendix B To Amicus Curiae Brief Of Avoidance Defendants In Support Of Reversal re: #16 Brief. Document filed by Murray Pergament 1999 Trust f/b/o Bruce Pergament, et al., amici represented by Pryor Cashman LLP. (Levy, Richard) |
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Filing 17
MEMO ENDORSEMENT on MOTION FOR PERMISSION FOR ELECTRONIC CASE FILING. ENDORSEMENT: The Court hereby grants the motion of Elliot Sagor, Esq., to participate in electronic case filing in this case. So ordered. Granting #15 Motion for Permission for Electronic Case Filing. (Signed by Judge Paul A. Engelmayer on 5/4/2015) (rjm)
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| Filing 16 BRIEF -Amicus Curiae Brief of Avoidance Defendants in Support of Reversal. Document filed by Estate of Doris M. Pearlman.(Kirby, Richard) |
| Filing 15 MOTION FOR PERMISSION FOR ELECTRONIC CASE FILING; re: for Permission for Elliot G. Sagor to participate in electronic case filing in this case. Document filed by Elliot G. Sagor.(sc) |
| Filing 14 NOTICE of Appendix re: #13 Appellant's Brief,. Document filed by Elliot G. Sagor. (Sagor, Elliot) |
| Filing 13 Appellant's BRIEF. Document filed by Elliot G. Sagor. Appellee Brief due by 5/27/2015. (Attachments: #1 Appendix, #2 Appendix (A.1 - A.14), #3 Appendix (A.15 - A.30), #4 Appendix (A.31 - A.41), #5 Appendix (A.42 - A.76), #6 Appendix (A.77 - 95), #7 Appendix (A.96 - A.110), #8 Appendix (A.111 - A.119), #9 Appendix (A.120 - A.183))(Sagor, Elliot) |
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Filing 12
ORDER granting #11 Letter Motion for Leave to File Excess Pages. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/22/2015) (kl)
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| Filing 11 LETTER MOTION for Leave to File Excess Pages addressed to Judge Paul A. Engelmayer from ELLIOT G. SAGOR, ESQ. dated 04/22/2015. Document filed by Elliot G. Sagor.(Sagor, Elliot) |
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Filing 10
ORDER GRANTING APPELLANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE A APPEAL BRIEF re: [9 in 15-cv-1151 Letter Motion for Extension of Time to File Appellants' Principal Brief(s)]. The schedule for each action in the above-captioned cases is amended as follows: 1. By 4/27/2015, appellants' principal brief(s) are due; 2. By 5/27/2015, appellee's responses brief(s) are due; and 3. By 6/11/2015, appellants' reply brief(s) are due. (Signed by Judge Paul A. Engelmayer on 3/13/2015) (tro)
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Filing 9
MEMO ENDORSEMENT on re: (9 in 1:15-cv-01151-PAE) LETTER MOTION for Extension of Time to File Appellants' Principal Brief(s) addressed to Judge Paul A. Engelmayer from Gaytri Kachroo dated March 12, 2015 filed by Diana Melton Trust, Dated 12/05/05. ENDORSEMENT: The Court has granted this reasonable request and has signed the proposed order. (Signed by Judge Paul A. Engelmayer on 3/13/2015) (tro)
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| Set/Reset Deadlines: Appellant Brief due by 4/27/2015. Appellant Reply Brief due by 6/11/2015. Appellee Brief due by 5/27/2015. (tro) |
| Filing 8 NOTICE OF APPEARANCE by Nicholas J. Cremona on behalf of Irving H. Picard. (Cremona, Nicholas) |
| Filing 7 NOTICE OF APPEARANCE by Amy Elizabeth Vanderwal on behalf of Irving H. Picard. (Vanderwal, Amy) |
| Filing 6 NOTICE OF APPEARANCE by Seanna R. Brown on behalf of Irving H. Picard. (Brown, Seanna) |
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Filing 5
ORDER: By March 6, 2015, the appellants shall collectively confer (e.g., by conference call) in order to discuss whether efficiencies can be achieved in the briefing process. By March 27, 2015, appellants' principal brief(s) are due. By April 27, 2015, appellee's response brief(s) are due. By May 11, 2015, appellants' reply brief(s) are due. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/3/2015) (kl)
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| CASE ACCEPTED AS RELATED. Create association to 1:15-cv-01151-PAE. Notice of Assignment to follow. (pgu) |
| NOTICE OF CASE ASSIGNMENT to Judge Paul A. Engelmayer. Judge Unassigned is no longer assigned to the case. (pgu) |
| Magistrate Judge Debra C. Freeman is so designated. (pgu) |
| Filing 4 CIVIL COVER SHEET filed. (bkar) |
| Filing 3 COUNTER DESIGNATION OF BANKRUPTCY RECORD ON APPEAL Document filed by Appellee Irving H. Picard. (bkar) |
| Filing 2 DESIGNATION OF BANKRUPTCY RECORD ON APPEAL re: #1 Bankruptcy Appeal,. Document filed by Appellant Elliot G. Sagor. (bkar) |
| Filing 1 NOTICE OF APPEAL FROM THE BANKRUPTCY COURT TO THE S.D.N.Y. from the Order of Judge Stuart M. Bernstein dated December 22, 2014. Bankruptcy Court Case Numbers: 08-1789A (SMB). Certified copies of file received.Document filed by Elliot G. Sagor.(bkar) |
| Case Designated ECF. (bkar) |
| NOTICE OF RECORD OF APPEAL COMPLETION. All Documents from the United States Bankruptcy Court - Southern District of New York have been filed with the U.S.D.C. S.D.N.Y. Record of Appeal is Complete and Available Electronically. Appellant Brief due by 3/23/2015. (bkar) |
| BANKRUPTCY APPEAL CASE REFERRED BY COURT TO Judge Paul A. Engelmayer as possibly related to 15-cv-1151. (bkar) |
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