Aristocrat Leisure Limited v. Deutsche Bank Trust Company Americas
Case Number: 1:2004cv10014
Filed: December 20, 2004
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Peter K. Leisure
Nature of Suit: Contract: Other
Cause of Action: 28:1332 Diversity-Other Contract
Jury Demanded By: Defendant

Available Case Documents

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Date Filed Document Text
August 20, 2010 Opinion or Order Filing 391 OPINION AND ORDER #99328 re: 370 MOTION to Comply with Withholding Tax Obligations filed by Aristocrat Leisure Limited. For the reasons set forth in this Memorandum and Opinion, Aristocrat's motion to withhold from Taxed Bondholders� 39; final judgment 10% of the statutory pre-judgment interest awarded by the Court to satisfy Aristocrat's Australian tax obligations is GRANTED. Should Aristocrat appeal any of this Court's rulings, Aristocrat may secure the judgment pending appeal in a manner that will enable Aristocrat to comply with its obligations to pay, on behalf of Taxed Bondholders, a 10% withholding tax on the pre-judgment interest portions of the damages award. The Clerk of Court is asked to close docket number 370. (Signed by Judge Peter K. Leisure on 8/19/2010) Copies E-Mailed By Chambers. (tro) Modified on 8/20/2010 (ajc).
July 28, 2010 Opinion or Order Filing 364 OPINION AND ORDER. #99232 For the foregoing reasons, Aristocrat's motion for judgment as a matter of law pursuant to Rule 50(b) is DENIED. Aristocrat's motion for a new trial pursuant to Rule 59 is DENIED. Bondholders' motion for ent ry of partial judgment pursuant to Rule 54(b) is DENIED. Bondholders' claims for violations of Section 10(b) and Rule 10b-5 of the Securities Exchange Act of 1934 and for breach of the implied covenant of good faith and fair dealing are DISMISS ED WITHOUT PREJUDICE. The Trustee's motion to enter final judgment for five Non-Party Bondholders-Sloan, Flushing, Van Woerden, UBS AG, and Angus Barker - is DENIED pending discovery described herein. The Court directs the Trustee, on behalf o f the five Non-Party Bondholders, to provide to Aristocrat within fourteen days from the date of this Opinion and Order discovery regarding issues as set forth herein. Upon receipt of the parties' joint revised proposed final judgments, the Cou rt shall enter final judgment. The Court reiterates below its holdings with respect to the calculation of Bondholders' judgments as set forth herein. The Clerk of Court is directed to close docket numbers 325, 338, and 346. (Signed by Judge Peter K. Leisure on 7/28/10) Copies E-Mailed By Chambers. (djc) Modified on 7/29/2010 (ajc).
September 28, 2009 Opinion or Order Filing 310 OPINION AND ORDER: #98083 For the foregoing reasons, the Bondholders' in limine requests A, C, E, G, and H to exclude certain evidence are GRANTED, in limine requests D, I, and J are DENIED, and in limine requests Band F are GRANTED IN PART and DENIED IN PART. Aristocrat's motions in limine numbers 1, 2, and 4 are GRANTED IN PART and DENIED IN PART while motions in limine numbers 3 and 5 are DENIED. The parties are reminded that they are to appear for trial in courtroom 18B on October 5, 2009, at 9:30 a.m. SO ORDERED. (Signed by Judge Peter K. Leisure on 9/28/2009) (jmi) Modified on 9/29/2009 (jab).
September 16, 2009 Opinion or Order Filing 302 OPINION AND ORDER re:#98031 248 MOTION to Quash /Notice of Motion to Quash Plaintiff's Trial Subpoenas, dated July 14, 2009 filed by D.E. Shaw Valence International, INC, KBC Financial Products UK LTD, Deephaven International Convertibl e Trading, LTD, QVT Fund, LP, UFJ International PLC, Lehman Brothers International (Europe), D.E. Shaw Investment Group, LLC, KBC Alpha Master Fund SPC KBC Convertible Opportunities Fund, Calamos Advisors LLC On Behalf Of Calamos Growth And Income Fu nd, Calamos Global Growth And Income Fund And Certain Other Institutional Clients, CQS Convertible And Quantitative Strategies Master Fund LTD., KBC Alpha Master Fund SPC KBC Multi-Strategy Arbitrage Fund, Alexandra Global Master Fund, LTD, Amaranth LLC. For the reasons set forth in this Opinion and Order, the Bondholders' motion to quash Aristrocrat's trial subpoenas with respect to the subpoenas naming Calamos Advisors LLC and Messrs. Calamos, Calvy, Carter, Hintze, Matthews, Nunn, and Patterson is GRANTED. The Bondholders' motion in limine to limit the scope of trial to mitigation of consequential damages is GRANTED. The Bondholders' motion in limine to modify the order of proof at trial is DENIED. Aristocrat is orde red to submit proof of service of trial subpoenas b international registered mail within 10 days of the date of this Opinion and Order. the parties are reminded that they are to appear for trial in courtroom 18B on 10/5/09, at 9:30 a.m. (Signed by Judge Peter K. Leisure on 9/16/09) Copies E-Mailed By Chambers. (tro) Modified on 9/17/2009 (eef).
August 24, 2009 Opinion or Order Filing 300 ORDER: It is hereby ordered that the above captioned matter has been placed on this Court's trial ready calendar for October 5, 2009. Trial is to start at 9:30 A.M.,as set forth herein. sharp in Courtroom 18B at 500 Pearl Street. All exhibits are to be marked before the start of trial. (Signed by Judge Peter K. Leisure on 8/24/2009) (jpo)
April 30, 2009 Opinion or Order Filing 241 OPINION & ORDER #97468, that for the reasons set forth below, the respective motions for summary judgment filed by Aristocrat Leisure Limited, the Intervening Defendants, and Deutsche Bank AG, London Branch, are GRANTED IN PART, and DENIED IN PART. B ecause there are genuine issues of material fact as to the reasonableness of the Bondholders' decisions to hold open their short positions after Aristocrat's breach, the Court cannot dispose of the issue of mitigation of damages, nor determ ine the scope of available consequential damages. These issues must be determined by the trier of fact. The parties are ordered to appear before this Court for a pre-trial conference in courtroom 18B on 5/26/09, at 11:00 am. (Signed by Judge Peter K. Leisure on 4/27/09) Copies sent by chambers. (previously filed under seal as doc #215)(cd) Modified on 5/4/2009 (mro).
April 27, 2009 Opinion or Order Filing 217 ORDER, the parties have seven days from the date of this Order to demonstrate why this Court should not unseal (i) the Opinion and Order resolving the summary judgment motions, and (ii) the summary judgment record upon which this Court ruled, includi ng all memoranda of law, Rule 56.1 statements, and affidavits. Any submissions made in response to this order must explain the countervailing factors that warrant keeping a specific document, or portion thereof, under seal....Absent the requisite showing, after 7 days this Court will unseal (1) the Opinion and Order resolving the summary judgment motions on damages, and (ii) the entire summary judgment record. (Signed by Judge Peter K. Leisure on 4/27/09) Copies sent by chambers.(cd)
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