MBIA Insurance Corporation v. Patriarch Partners VIII, LLC et al
| MBIA Insurance Corporation |
| Patriarch Partners VIII, LLC and LD Investment, LLC |
| 1:2009cv03255 |
| April 3, 2009 |
| US District Court for the Southern District of New York |
| Contract: Other Office |
| Westchester |
| Robert W. Sweet |
| None |
| Diversity |
| 28:1332 Diversity-Other Contract |
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The following documents for this case are available for you to view or download:
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Filing
133
OPINION: Based on the findings and conclusions set forth above, MBIA has failed to satisfy its burden of proof with respect to its breach of contract and anticipatory breach of contract claims against Patriarch. Accordingly, judgment will be entered in favor of Patriarch with costs and disbursements. Submit judgment on notice. (Signed by Judge Robert W. Sweet on 6/10/2013) (ft)
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Filing
85
OPINION: #102247 For the reasons set forth above, Patriarch's motion to compel production of various privileged materials is granted. It Is So Ordered. (Signed by Judge Robert W. Sweet on 8/23/2012) (ama) Modified on 8/27/2012 (jab).
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Filing
81
OPINION: For the reasons set forth in this Opinion: Plaintiff MBIA Insurance Corporation ("MBIA" or the "Plaintiff") and Defendants Patriarch Partners VIII, LLC and LD Investments, LLC (collectively, "Patriarch" or the "Defendants") have filed various motions in limine with respect to certain anticipated evidence in the upcoming trial of this action, which is tentatively scheduled to begin on October 15, 2012. Based upon the conclusions set forth below, (1 ) evidence relating to MBIA's internal loss reserves will admitted, (2) the MBIA attorney-client privilege is waived with respect to testimony of MBIA witnesses as to MBIA's intent concerning provisions of the Master Agreement the Indenture , (3) evidence relating to the collateral for Zohar II and Zohar III and the Patriarch pitch-books will be admitted, (4) the admissibility of the Natixis Documents as business records will be determined at the time they are offered, depending on the purpose for which particular documents are offered and the practice of Natixis with respect to the offered documents, (5) discovery is reopened for the purpose of taking the depositions of Anthony McKiernan ("McKiernan"), Mitchell Sonkin ("Sonkinn) and Ram Wertheim ("Wertheim"), (6) the expert testimony David Miller ("Miller") will be admitted and (7) the expert testimony of Joseph Mason ("Mason") will be admitted. The disposition above of the pending motions may raise additional issues. A pretrial conference will be held on September 18, 2012 at ten o'clock a.m. or at such other date and time convenient to counsel and the Court. The trial of this action will commence on October 15, 2012 at ten o'clock a.m. or on such other date and time suitable for counsel and the Court. Counsel will meet and confer with respect to these and any other items and advise the Court in writing by September 14 of any open items to be resolved at the pr etrial conference. Conclusion: The pending motions are determined as set forth above. A pretrial conference will be held September 18 with the trial to commence on October 15. It is so ordered. ( Jury Trial set for 10/15/2012 at 10:00 AM before Judge Robert W. Sweet. Pretrial Conference set for 9/18/2012 at 10:00 AM before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 7/2/2012) (ja)
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Filing
72
OPINION: Based on the conclusions set forth above, Defendants' motion for reconsideration is denied. (Signed by Judge Robert W. Sweet on 4/3/2012) (cd)
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Filing
62
OPINION re: 42 MOTION for Partial Summary Judgment /Notice of MBIA Insurance Corporation's Motion for Partial Summary Judgment/. filed by MBIA Insurance Corporation. That based on the conclusions set forth above, the Defendants' m otion for summary judgment dismissing the complaint is granted in part and denied in part, and the Plaintiff's motion for partial summary judgment to dismiss the Defendants' affirmative defense of unclean hands and equitable estoppel is granted. The parties' motions to exclude evidence are denied. (Signed by Judge Robert W. Sweet on 2/6/2012) (pl) Modified on 2/6/2012 (pl).
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Filing
22
CASE MANAGEMENT PLAN: Expert Deposition due by 6/25/2010. All Discovery due by 6/25/2010. Dispositive Motions due by 8/6/2010. The parties may agree to amend any of the above deadlines without leave of the Court, so long as the amendments do not chan ge the date for completion of all discovery. The parties shall submit a Joint Pretrial Order, in accordance with the Court's Individual Practices, by the later of October 1,2010, or, if any party has moved for summary judgment, 30 days after the Court's decision on all summary judgment motion(s) is entered on the Court's docket. (Signed by Judge Robert W. Sweet on 8/21/2009) (jpo)
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Filing
3
ORDER that the Complaint, and the exhibit thereto, shall be held under seal by the Clerk of the Court and shall not be open to examination by the public. (Signed by Judge Robert W. Sweet, Part I on 4/3/09) (cd)
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