Irving H. Picard v. JPMorgan Chase & Co.
| Irving H. Picard |
| J.P. Morgan Securities LLC, JPMorgan Chase & Co., J.P. Morgan Securities Ltd. and JPMorgan Chase Bank, N.A. |
| Marsha Peshkin and Network for Investor Action and Protection |
| Bernard L. Madoff Investment Securities LLC. |
| Securities Investor Protection Corporation |
| Repex Ventures S.A |
| 1:2011cv00913 |
| February 9, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Colleen McMahon |
| Bankruptcy Withdrawal |
| 28 U.S.C. § 157 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 8, 2015. A more recent docket listing may be available from PACER.
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| Filing 80 MEMO ENDORSEMENT on re: #79 Letter filed by Irving H. Picard. ENDORSEMENT: Close this case (Signed by Judge Colleen McMahon on 5/8/2015) (kgo) |
| Terminate Transcript Deadlines (kgo) |
| Filing 79 LETTER addressed to Judge Colleen McMahon from Seanna R. Brown dated May 7, 2015 re: Status of Case. Document filed by Irving H. Picard.(Brown, Seanna) |
Filing 78
ORDER: The Court is conducting a review of its docket and making inquiry into cases where there has been no recent activity. The present case appears to fall into that category. Accordingly, the parties are directed to file a letter within Seven (7) Days (either jointly or separately) reporting on the status of the current litigation. Failure to respond will result in the dismissal of the above-captioned case for failure to prosecute. (Signed by Judge Colleen McMahon on 5/5/2015) (kgo)
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| Filing 77 MANDATE of USCA (Certified Copy) as to #76 Notice of Appeal filed by Irving H. Picard USCA Case Number 11-5044. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED in accordance with the opinion of this court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 7/11/2013. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #76 Notice of Appeal. (tp) |
| Transmission of Notice of Appeal to the District Judge re: #76 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #47 Order on Motion to Appear Pro Hac Vice, #50 Amended Complaint, filed by Irving H. Picard, #62 Declaration in Opposition to Motion filed by Securities Investor Protection Corporation, #24 Order on Motion to Appear Pro Hac Vice, #1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-4932A, 08-1789 (BRL). filed by J.P. Morgan Securities Ltd., J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., #36 Transcript, #53 Notice of Appearance filed by Irving H. Picard, #28 Transcript, #20 Reply Memorandum of Law in Support of Motion, filed by J.P. Morgan Securities Ltd., J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., #40 Notice of Appearance filed by J.P. Morgan Securities Ltd., J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., #23 MOTION for Timothy J. Burke to Appear Pro Hac Vice. filed by Repex Ventures S.A, #13 Notice of Appearance filed by Repex Ventures S.A, #7 Stipulation and Order, Set Motion and R&R Deadlines/Hearings, #25 Notice of Appearance filed by Repex Ventures S.A, #55 Notice of Appearance filed by Irving H. Picard, #61 Memorandum of Law in Opposition to Motion filed by Securities Investor Protection Corporation, #26 MOTION for Christopher H. LaRosa to Appear Pro Hac Vice. filed by Securities Investor Protection Corporation, #30 Order, #65 Declaration in Opposition to Motion, filed by Irving H. Picard, #45 MOTION for Jennifer A. Vessells to Appear Pro Hac Vice. filed by Irving H. Picard, #15 Order, Set Deadlines/Hearings, #48 Order on Motion to Appear Pro Hac Vice, #27 Order Admitting Attorney Pro Hac Vice, #72 Memorandum of Law in Support of Motion, filed by Irving H. Picard, #18 Notice of Appearance filed by Marsha Peshkin, #8 Order, Set Deadlines/Hearings, #51 Order Admitting Attorney Pro Hac Vice, #68 Certificate of Service Other filed by J.P. Morgan Securities Ltd., J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., #4 Rule 7.1 Corporate Disclosure Statement filed by J.P. Morgan Securities Ltd., J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., #46 MOTION for Lauren M. Hilsheimer to Appear Pro Hac Vice. filed by Irving H. Picard, #21 Declaration, filed by J.P. Morgan Securities Ltd., J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., #66 Memorandum of Law in Opposition to Motion, filed by Irving H. Picard, #67 Reply Memorandum of Law in Support of Motion, filed by J.P. Morgan Securities Ltd., J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., #43 Notice of Appearance filed by J.P. Morgan Securities Ltd., J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., #70 Order on Motion to Dismiss, #59 Affidavit of Service Other filed by J.P. Morgan Securities Ltd., J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., #32 MOTION to Dismiss JPMorgan's Motion to Dismiss the Trustee's Complaint. filed by J.P. Morgan Securities Ltd., J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., #74 Stipulation and Order, Terminate Motions, #42 Notice of Appearance filed by J.P. Morgan Securities Ltd., J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., #6 Order, Set Deadlines/Hearings, #49 Order on Motion to Appear Pro Hac Vice, #73 Endorsed Letter, Set Hearings, #41 Notice of Appearance filed by J.P. Morgan Securities Ltd., J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., #71 MOTION for Entry of Judgment under Rule 54(b) /Notice of Motion to Direct Entry of Final Judgment Under Federal Rule of Civil Procedure 54(b). filed by Irving H. Picard, #5 Notice of Case Assignment/Reassignment, #76 Notice of Appeal filed by Irving H. Picard, #19 Notice of Appearance filed by Repex Ventures S.A, #12 Affidavit in Opposition to Motion, filed by Irving H. Picard, #17 Endorsed Letter, Set Deadlines/Hearings, #37 Notice of Filing Transcript, #63 Certificate of Service Other filed by Securities Investor Protection Corporation, #11 Memorandum of Law in Opposition to Motion filed by Irving H. Picard, #56 MOTION to Dismiss JPMorgan's Motion to Dismiss the Trustee's Amended Complaint. filed by J.P. Morgan Securities Ltd., J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., #52 Affidavit of Service Complaints filed by Irving H. Picard, #58 Declaration in Support of Motion, filed by J.P. Morgan Securities Ltd., J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., #57 Memorandum of Law in Support of Motion, filed by J.P. Morgan Securities Ltd., J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., #16 Response to Motion, filed by Securities Investor Protection Corporation, #60 MOTION to File Amicus Brief. filed by Network for Investor Action and Protection, #44 MOTION for Lindsey D'Andrea to Appear Pro Hac Vice. filed by Irving H. Picard, #75 Judgment, #29 Notice of Filing Transcript, #54 Notice of Appearance filed by Irving H. Picard, #64 Memorandum of Law in Opposition to Motion, filed by Irving H. Picard, #31 Clerk's Judgment, #38 Endorsed Letter,, #33 Memorandum of Law in Support of Motion, filed by J.P. Morgan Securities Ltd., J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., #39 Notice of Appearance filed by J.P. Morgan Securities Ltd., J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., #14 Memorandum of Law in Support of Motion filed by Repex Ventures S.A, #69 Order on Motion to File Amicus Brief, #3 Declaration in Support, filed by J.P. Morgan Securities Ltd., J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., #34 Declaration in Support of Motion, filed by J.P. Morgan Securities Ltd., J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., #10 Memorandum of Law in Opposition to Motion, filed by Securities Investor Protection Corporation, #9 Stipulation and Order, #2 Memorandum of Law in Support, filed by J.P. Morgan Securities Ltd., J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., #22 Affidavit of Service Other filed by J.P. Morgan Securities Ltd., J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., #35 Affidavit of Service Other filed by J.P. Morgan Securities Ltd., J.P. Morgan Securities LLC, JPMorgan Chase & Co., JPMorgan Chase Bank, N.A. were transmitted to the U.S. Court of Appeals. (tp) |
| Filing 76 NOTICE OF APPEAL from #75 Judgment, #70 Order on Motion to Dismiss. Document filed by Irving H. Picard. Filing fee $ 455.00, receipt number 465401023313. (tp) |
| Filing 75 RULE 54(b)JUDGMENT That for the reasons stated in the Court's Order dated November 30, 2011, there is no just reason for delay of entry of a final judgment on the dismissed claims, the Rule 54(b) motion is granted and causes of action twenty-one through twenty-eight of the Amended Complaint are dismissed. (Signed by Clerk of Court Ruby Krajick on 11/30/11) (Attachments: #1 Notice of Right to Appeal)(dt) |
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Filing 74
STIPULATION AND ORDER GRANTING RELIEF UNDER FEDERAL RULE OF CIVIL PROCEDURE 54(b): The parties have agreed to seek a stay from the Bankruptcy Court of the Remaining Claims pending an appeal from the November 1 Order; AND WHEREAS, in the telephone conference with the Court on 11/30/2011, counsel for all parties agreed to seek expedited treatment for any appeal in the Second Circuit; The Rule 54(b) Motion is granted. There is no reason for the delay of entry of a final judgment on the Dismissed Claims. The Dismissed Claims present legal issues that are independent of the Remaining Claims that have been returned to the Bankruptcy Court. Moreover, the entry of a final judgment on the Dismissed Claims, accompanied by a stay of proceedings as to the Remaining Claims, will be efficient for the Courts and the parties. The Clerk of the Court is directed to enter a judgment dismissing causes of action twenty-one through twenty-eight of the Amended Complaint (the "Rule 54(b) Judgment"). Motions terminated: #71 MOTION for Entry of Judgment under Rule 54(b) /Notice of Motion to Direct Entry of Final Judgment Under Federal Rule of Civil Procedure 54(b) filed by Irving H. Picard. (Signed by Judge Colleen McMahon on 11/30/2011) (ft)
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| Transmission to Judgments and Orders Clerk. Transmitted re: #74 Stipulation and Order to the Judgments and Orders Clerk. (ft) |
| Filing 73 ENDORSED LETTER addressed to Judge Colleen McMahon from John P. Savarese dated 11/28/2011 re: I am writing on behalf of the JPMorgan defendants regarding the Trustee's motion to direct entry of a final judgment under Federal Rule of Civil Procedure 54(b). ENDORSEMENT: Telephone Conference on for tomorrow, 11/30/11 @ 3:30 PM. ( Telephone Conference set for 11/30/2011 at 03:30 PM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 11/29/2011) (lmb) |
| Filing 72 MEMORANDUM OF LAW in Support re: #71 MOTION for Entry of Judgment under Rule 54(b) /Notice of Motion to Direct Entry of Final Judgment Under Federal Rule of Civil Procedure 54(b). /Trustee's Memorandum of Law in Support of Motion to Direct Entry of Final Judgment Under Federal Rule of Civil Procedure 54(b). Document filed by Irving H. Picard. (Renner, Deborah) |
| Filing 71 MOTION for Entry of Judgment under Rule 54(b) /Notice of Motion to Direct Entry of Final Judgment Under Federal Rule of Civil Procedure 54(b). Document filed by Irving H. Picard.(Renner, Deborah) |
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Filing 70
DECISION AND ORDER GRANTING DEFENDANTS' MOTION TO DISMISS CERTAIN COMMON LAW CLAIMS: re: #32 Motion to Dismiss; granting #56 Motion to Dismiss: The Trustee lacks standing to pursue the common law claims against Defendants.Counts 21 to 28 of the Amended Complaint in the JPMorgan case (No. 11 civ. 913, Docket #50), and Counts 12 through 28 of the Amended Complaint in the UBS case (No. 11 civ. 4212, Docket #23), are therefore DISMISSED. The Court further directs that what remains of adversary proceedings Nos. 10-4932 (BRL) and 10-4285 (BRL) be returned to the Bankruptcy Court for further proceedings consistent with this Opinion and Order. The Clerk of Court is instructed to close the motions at 11 Civ. 913, Dockets Nos. 32 and 56, and those at 11 Civ. 4212, Dockets Nos. 1, 16 and 17. (Signed by Judge Colleen McMahon on 10/31/2011) (djc)
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| Filing 69 MEMO ENDORSEMENT on #60 Motion to File Amicus Brief. Motion granted. (Signed by Judge Colleen McMahon on 9/20/2011) (ft) |
| Filing 68 CERTIFICATE OF SERVICE. Document filed by J.P. Morgan Securities LLC, J.P. Morgan Securities Ltd., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. (Savarese, John) |
| Filing 67 REPLY MEMORANDUM OF LAW in Support re: #56 MOTION to Dismiss JPMorgan's Motion to Dismiss the Trustee's Amended Complaint. Reply Brief in Support of JPMorgan's Motion to Dismiss the Trustee's Amended Complaint. Document filed by J.P. Morgan Securities LLC, J.P. Morgan Securities Ltd., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. (Savarese, John) |
| Filing 66 MEMORANDUM OF LAW in Opposition re: #32 MOTION to Dismiss JPMorgan's Motion to Dismiss the Trustee's Complaint. / Trustee's Memorandum of Law in Opposition to Motion to Dismiss [ Corrected Table of Authorities]. Document filed by Irving H. Picard. (Renner, Deborah) |
| Filing 65 DECLARATION of Deborah H. Renner in Opposition re: #32 MOTION to Dismiss JPMorgan's Motion to Dismiss the Trustee's Complaint.. Document filed by Irving H. Picard. (Attachments: #1 Exhibit A Merkin Slip Opinion)(Renner, Deborah) |
| Filing 64 MEMORANDUM OF LAW in Opposition re: #32 MOTION to Dismiss JPMorgan's Motion to Dismiss the Trustee's Complaint. / Trustee's Memorandum of Law in Opposition to Motion to Dismiss. Document filed by Irving H. Picard. (Renner, Deborah) |
| Filing 63 CERTIFICATE OF SERVICE. Document filed by Securities Investor Protection Corporation. (LaRosa, Christopher) |
| Filing 62 DECLARATION of Christopher H. LaRosa in Opposition re: #56 MOTION to Dismiss JPMorgan's Motion to Dismiss the Trustee's Amended Complaint.. Document filed by Securities Investor Protection Corporation. (LaRosa, Christopher) |
| Filing 61 MEMORANDUM OF LAW in Opposition re: #56 MOTION to Dismiss JPMorgan's Motion to Dismiss the Trustee's Amended Complaint.. Document filed by Securities Investor Protection Corporation. (LaRosa, Christopher) |
| Filing 60 MOTION to File Amicus Brief. Document filed by Network for Investor Action and Protection. (Attachments: #1 Exhibit Amicus Brief)(DeMatteo, Joseph) |
| Filing 59 AFFIDAVIT OF SERVICE. Document filed by J.P. Morgan Securities LLC, J.P. Morgan Securities Ltd., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. (Savarese, John) |
| Filing 58 DECLARATION of Emil A. Kleinhaus in Support re: #56 MOTION to Dismiss JPMorgan's Motion to Dismiss the Trustee's Amended Complaint.. Document filed by J.P. Morgan Securities LLC, J.P. Morgan Securities Ltd., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4 (Part 1), #5 Exhibit 4 (Part 2), #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7)(Savarese, John) |
| Filing 57 MEMORANDUM OF LAW in Support re: #56 MOTION to Dismiss JPMorgan's Motion to Dismiss the Trustee's Amended Complaint. Opening Brief in Support of JPMorgan's Motion to Dismiss the Trustee's Amended Complaint. Document filed by J.P. Morgan Securities LLC, J.P. Morgan Securities Ltd., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. (Savarese, John) |
| Filing 56 MOTION to Dismiss JPMorgan's Motion to Dismiss the Trustee's Amended Complaint. Document filed by J.P. Morgan Securities LLC, J.P. Morgan Securities Ltd., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A..(Savarese, John) |
| Filing 55 NOTICE OF APPEARANCE by Lindsey D'Andrea on behalf of Irving H. Picard (D'Andrea, Lindsey) |
| Filing 54 NOTICE OF APPEARANCE by Deborah Hilarie Renner on behalf of Irving H. Picard (Renner, Deborah) |
| Filing 53 NOTICE OF APPEARANCE by Jennifer Ann Vessells on behalf of Irving H. Picard (Vessells, Jennifer) |
| Filing 52 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. All Defendants. Service was made by Mail. Document filed by Irving H. Picard. (Renner, Deborah) |
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Filing 51
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: Christopher H. LaRosa to appear Pro Hac Vice as counsel for Securities Investor Protection Corporation. (Signed by Judge Colleen McMahon on 6/29/2011) (ab)
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| CASHIERS OFFICE REMARK on #45 Motion to Appear Pro Hac Vice, #44 Motion to Appear Pro Hac Vice, #46 Motion to Appear Pro Hac Vice in the amount of $75.00, paid on 06/22/2011, Receipt Number 9920. (jd) |
| Filing 50 AMENDED COMPLAINT (REDACTED) against All Defendants with JURY DEMAND.Document filed by Irving H. Picard.(mbe) (Additional attachment(s) added on 6/27/2011: #1 Amended Complaint Part 2, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E) (ama). |
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Filing 49
ORDER FOR ADMISSION PRO HAC VICE WITH MOTION granting #45 Motion for Jennifer A. Vessells to Appear Pro Hac Vice as counsel for Plaintiff, Irving H. Picard, Trustee for the Liquidation of Bernard L. Madoff Securities LLC and Bernard L. Madoff. (Signed by Judge Colleen McMahon on 6/24/2011) (ab)
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Filing 48
ORDER FOR ADMISSION PRO HAC VICE WITH MOTION granting #44 Motion for Lindsey D'Andrea to Appear Pro Hac Vice as counsel for Plaintiff, Irving H. Picard, Trustee for the Liquidation of Bernard L. Madoff Securities LLC and Bernard L. Madoff. (Signed by Judge Colleen McMahon on 6/24/2011) (ab)
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Filing 47
ORDER FOR ADMISSION PRO HAC VICE WITH MOTION granting #46 Motion for Lauren M. Hilsheimer to Appear Pro Hac Vice as counsel for Plaintiff, Irving H. Picard, Trustee for the Liquidation of Bernard L. Madoff Securities LLC and Bernard L. Madoff. (Signed by Judge Colleen McMahon on 6/24/2011) (ab)
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| Filing 46 MOTION for Lauren M. Hilsheimer to Appear Pro Hac Vice. Document filed by Irving H. Picard.(pgu) |
| Filing 45 MOTION for Jennifer A. Vessells to Appear Pro Hac Vice. Document filed by Irving H. Picard.(pgu) |
| Filing 44 MOTION for Lindsey D'Andrea to Appear Pro Hac Vice. Document filed by Irving H. Picard.(pgu) |
| Filing 43 NOTICE OF APPEARANCE by Meredith Lewis Turner on behalf of J.P. Morgan Securities LLC, J.P. Morgan Securities Ltd., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A. (Turner, Meredith) |
| Filing 42 NOTICE OF APPEARANCE by Emil Kleinhaus on behalf of J.P. Morgan Securities LLC, J.P. Morgan Securities Ltd., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A. (Kleinhaus, Emil) |
| Filing 41 NOTICE OF APPEARANCE by Stephen R. DiPrima on behalf of J.P. Morgan Securities LLC, J.P. Morgan Securities Ltd., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A. (DiPrima, Stephen) |
| Filing 40 NOTICE OF APPEARANCE by Douglas K Mayer on behalf of J.P. Morgan Securities LLC, J.P. Morgan Securities Ltd., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A. (Mayer, Douglas) |
| Filing 39 NOTICE OF APPEARANCE by John F Savarese on behalf of J.P. Morgan Securities LLC, J.P. Morgan Securities Ltd., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A. (Savarese, John) |
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Filing 38
ENDORSED LETTER addressed to Judge Colleen McMahon from Deborah H. Renner dated 6/14/2011 re: Counsel respectfully requests that the Court set a schedule, as discussed by counsel for the parties, whereby Defendants would file their motion to dismiss the Amended Complaint on or before August 1, 2011, the Trustee and SIPC would each file opposition briefs on or before September 1, 2011, and Defendants would file their reply on or before September 16, 2011. ENDORSEMENT: Why must I wait until June 24 for a new complaint? I set an expected schedule for a reason. I will ok this schedule but will not add ONE day to it in the future. So Ordered. (Signed by Judge Colleen McMahon on 6/16/2011) (jfe)
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| Set/Reset Deadlines: Motions due by 8/1/2011. Responses due by 9/1/2011 Replies due by 9/16/2011. (jfe) |
| CASHIERS OFFICE REMARK in the amount of $25.00, paid on 06/01/2011, Receipt Number 7999. (jd) |
| Filing 37 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a argument proceeding held on 5/4/11 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) |
| Filing 36 TRANSCRIPT of Proceedings re: argument held on 5/4/2011 before Judge Colleen McMahon. Court Reporter/Transcriber: Kristen Carannante, (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 7/1/2011. Redacted Transcript Deadline set for 7/11/2011. Release of Transcript Restriction set for 9/8/2011.(McGuirk, Kelly) |
| Filing 35 AFFIDAVIT OF SERVICE. Document filed by J.P. Morgan Securities LLC, J.P. Morgan Securities Ltd., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. (Savarese, John) |
| Filing 34 DECLARATION of Emil A. Kleinhaus in Support re: #32 MOTION to Dismiss JPMorgan's Motion to Dismiss the Trustee's Complaint.. Document filed by J.P. Morgan Securities LLC, J.P. Morgan Securities Ltd., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Kleinhaus, Emil) |
| Filing 33 MEMORANDUM OF LAW in Support re: #32 MOTION to Dismiss JPMorgan's Motion to Dismiss the Trustee's Complaint. Opening Brief in Support of JPMorgan's Motion to Dismiss the Trustee's Complaint. Document filed by J.P. Morgan Securities LLC, J.P. Morgan Securities Ltd., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. (Savarese, John) |
| Filing 32 MOTION to Dismiss JPMorgan's Motion to Dismiss the Trustee's Complaint. Document filed by J.P. Morgan Securities LLC, J.P. Morgan Securities Ltd., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A..(Savarese, John) |
| Filing 31 CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum Decision and Order dated May 23, 2011, Defendants' motion to withdraw the reference from the bankruptcy court is granted. (Signed by Clerk of Court Ruby Krajick on 5/26/11) (Attachments: #1 notice of right to appeal)(ml) |
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Filing 30
MEMORANDUM DECISION AND ORDER GRANTING DEFENDANTS' MOTION TO WITHDRAW THE REFERENCE FROM THE BANKRUPTCY COURT: For the reasons discussed, the Court grants Defendants' motion to withdraw the reference from the bankruptcy court. (See MEMORANDUM DECISION AND ORDER as set forth) (Signed by Judge Colleen McMahon on 5/23/2011) (lnl)
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| Transmission to Judgments and Orders Clerk. Transmitted re: #30 MEMORANDUM DECISION AND ORDER, to the Judgments and Orders Clerk. (lnl) |
| Filing 29 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Arugement proceeding held on 5/4/11 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) |
| Filing 28 TRANSCRIPT of Proceedings re: Argument held on 5/4/2011 before Judge Colleen McMahon. Court Reporter/Transcriber: Kristen Carannante, (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 6/6/2011. Redacted Transcript Deadline set for 6/16/2011. Release of Transcript Restriction set for 8/15/2011.(McGuirk, Kelly) |
| CASHIERS OFFICE REMARK on #27 Order Admitting Attorney Pro Hac Vice, in the amount of $25.00, paid on 04/27/2011, Receipt Number 5234. (jd) |
| Minute Entry for proceedings held before Judge Colleen McMahon: Oral Argument held on 5/4/2011 re: #1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE.. DECISION: The Court held oral argument on Defendants' motion to withdraw the reference from the Bankruptcy Court (docket entry 1). Defendants' motion is granted. The reference to the bankruptcy court is withdrawn. An opinion explaining the reasons for the Court's decision will follow. The Court set a briefing schedule for Defendants' motion to Dismiss. Defendants' brief is due by June 3, 2011. Plaintiff's opposition brief is due by July 1, 2011. Defendants' reply brief is due by July 15, 2011. Oral argument on Defendants' motion to dismiss is scheduled for July 28, 2011. (Submitted by V. Figueredo). (Court Reporter Kristin Carannante). (mde) . |
| Set/Reset Hearings: Oral Argument set for 7/28/2011 at 2:00 PM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (mde) |
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Filing 27
ORDER FOR ADMISSION PRO HAC VICE WITH MOTION, that Thomas D. Warren is admitted pro hac vice as counsel for Plaintiff, Irving H. Picard, Trustee for the Liquidation of Bernard L. Madoff Securities LLC and Bernard L. Madoff. Attorney Thomas D. Warren for Irving H. Picard admitted Pro Hac Vice. (Signed by Judge Colleen McMahon on 5/3/2011) (lnl)
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| CASHIERS OFFICE REMARK on #26 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 04/29/2011, Receipt Number 5434. (jd) |
| Filing 26 MOTION for Christopher H. LaRosa to Appear Pro Hac Vice. Document filed by Securities Investor Protection Corporation.(mbe) |
| Filing 25 NOTICE OF APPEARANCE by Timothy Joseph Burke on behalf of Repex Ventures S.A (Burke, Timothy) |
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Filing 24
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting #23 Motion for Timothy J. Burke to Appear Pro Hac Vice for lea plaintiff Repex Ventures. (Signed by Judge Colleen McMahon on 4/21/11) (cd)
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| CASHIERS OFFICE REMARK on #23 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 04/08/2011, Receipt Number 3523. (jd) |
| Filing 22 AFFIDAVIT OF SERVICE. Document filed by J.P. Morgan Securities LLC, J.P. Morgan Securities Ltd., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. (Savarese, John) |
| Filing 21 DECLARATION of Emil A. Kleinhaus re: #20 Reply Memorandum of Law in Support of Motion, Supplemental Declaration of Emil A. Kleinhaus in Support of JPMorgan's Motion to Withdraw the Reference. Document filed by J.P. Morgan Securities LLC, J.P. Morgan Securities Ltd., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Kleinhaus, Emil) |
| Filing 20 REPLY MEMORANDUM OF LAW in Support re: #1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-4932A, 08-1789 (BRL). Reply Memorandum in Further Support of JPMorgan's Motion to Withdraw the Reference. Document filed by J.P. Morgan Securities LLC, J.P. Morgan Securities Ltd., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A.. (Savarese, John) |
| Filing 23 MOTION for Timothy J. Burke to Appear Pro Hac Vice. Document filed by Repex Ventures S.A.(tro) |
| Filing 19 NOTICE OF APPEARANCE by Patrick Kevin Slyne on behalf of Repex Ventures S.A (Slyne, Patrick) |
| Filing 18 NOTICE OF APPEARANCE by Helen Davis Chaitman on behalf of Marsha Peshkin (Chaitman, Helen) |
| Filing 17 ENDORSED LETTER addressed to Judge Colleen McMahon from John F. Savarese dated 4/1/2011 re: Requesting the Court's permission to submit a 25 page reply brief, and that the deadline for the reply brief be moved until April 18. Oral argument is scheduled to be held on April 29. ENDORSEMENT: 1) Oral argument date will not be extended. 2) You can have the five days. 3) SIPC can be heard. (Signed by Judge Colleen McMahon on 4/4/2011) (jpo) |
| Filing 16 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - RESPONSE to Motion re: #1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-4932A, 08-1789 (BRL). Response to Defendants April 1, 2011 letter to Court. Document filed by Securities Investor Protection Corporation. (Bell, Kevin) Modified on 4/1/2011 (db). |
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Filing 15
SECOND AMENDED CALENDAR NOTICE: Please take notice that the above captioned matter has been re-scheduled for an Oral argument (Bankruptcy Appeal) to Wednesday, May 4, 2011 at 10:00 A.M. before the Honorable Colleen McMahon, United States District Judge in Courtroom 14C, U.S. District Court, 500 Pearl Street, New York, New York 10007. SO ORDERED. (Oral Argument set for 5/4/2011 at 10:00 AM before Judge Colleen McMahon) (Signed by Judge Colleen McMahon on 4/1/2011) (lnl)
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| ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #16 HAS BEEN REJECTED. Note to Attorney Kevin H. Bell : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (db) |
| Filing 14 MEMORANDUM OF LAW in Support re: #1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-4932A, 08-1789 (BRL).. Document filed by Repex Ventures S.A. (Lahm, James) |
| Filing 13 NOTICE OF APPEARANCE by James Elliot Lahm on behalf of Repex Ventures S.A (Lahm, James) |
| Filing 12 AFFIDAVIT of Deborah H. Renner in Opposition re: #1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-4932A, 08-1789 (BRL).. Document filed by Irving H. Picard. (Attachments: #1 Exhibit 1 to Renner Affidavit, #2 Exhibit 2 to Renner Affidavit, #3 Exhibit 2 -1 to Renner Affidavit)(Renner, Deborah) |
| Filing 11 MEMORANDUM OF LAW in Opposition re: #1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-4932A, 08-1789 (BRL).. Document filed by Irving H. Picard. (Renner, Deborah) |
| Filing 10 MEMORANDUM OF LAW in Opposition re: #1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-4932A, 08-1789 (BRL). Memorandum of Law of the Securities Investor Protection Corporation in Opposition to JPMorgan's Motion to Withdraw the Reference. Document filed by Securities Investor Protection Corporation. (Bell, Kevin) |
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Filing 9
JOINT STIPULATION ORDER SETTING PAGE LIMITS, that the following page limits shall apply in the above captioned action: I. Trustee's opposition memorandum to JPMC's Motion to Withdraw the Reference to the Bankruptcy Court of Adversary Proceeding No. 10 - 04932 (BRL) filed February 8, 2011 ("Motion to Withdraw") shall not exceed 40 pages in length. 2. JPMC's reply in further support of its Motion to Withdraw shall not exceed 20 pages in length. (Signed by Judge Colleen McMahon on 3/18/11) (pl)
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| Filing 8 AMENDED CALENDAR NOTICE: Oral Argument set for 4/29/2011 at 03:00 PM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 2/25/2011) (jpo) |
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Filing 7
STIPULATED ORDER SETTING MOTION AND RESPONSE DATES: Plaintiff shall respond to JPMC's Motion to Withdraw the Reference to the Bankruptcy Court of Adversary Proceeding No. 10-4932 (BRL) filed February 8, 2011 (the "Motion to Withdraw") on or before March 30, 2011. JPMC shall file its reply in further support of its Motion to Withdraw on or before April 13, 2011. (Signed by Judge Colleen McMahon on 2/24/2011) (jfe) Modified on 3/29/2011 (jfe).
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| Filing 6 CALENDAR NOTICE Oral Argument (Bankruptcy Appeal) set for 4/22/2011 at 02:00 PM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 2/23/11) (cd) |
| Filing 5 NOTICE OF CASE ASSIGNMENT to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (sjo) |
| CASE DECLINED AS NOT RELATED. Case referred as related to 08-cv-10791 and declined by Judge Louis L. Stanton and returned to wheel for assignment. (sjo) |
| Magistrate Judge Michael H. Dolinger is so designated. (sjo) |
| Mailed notice with REVISED links to Civil Rules and ECF Registration to the attorney(s) of record. (rdz) |
| Mailed letter to the United States Bankruptcy Court - Southern District of New York as notification of filing of Bankruptcy Withdraw Reference (Case Number: 08-01789 (BRL).) with the U.S.D.C. - S.D.N.Y. and the assignment of S.D.N.Y. Case Number: 11-cv-913. (rdz) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying JPMorgan Chase & Co. as Corporate Parent. Document filed by J.P. Morgan Securities LLC, J.P. Morgan Securities Ltd., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A..(Savarese, John) |
| Filing 3 DECLARATION of Emil A. Kleinhaus in Support re: #1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-4932A, 08-1789 (BRL). Document filed by J.P. Morgan Securities LLC, J.P. Morgan Securities Ltd., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A. (Attachments: #1 Exhibit 1 - Part 1, #2 Exhibit 1 - Part 2, #3 Exhibit 1 - Part 3, #4 Exhibit 1 - Part 4, #5 Exhibit 2)(bkar) |
| Filing 2 MEMORANDUM OF LAW in Support re: #1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-4932A, 08-1789 (BRL). Document filed by J.P. Morgan Securities LLC, J.P. Morgan Securities Ltd., JPMorgan Chase & Co., JPMorgan Chase Bank, N.A. (bkar) |
| Filing 1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-4932A, 08-1789 (BRL).Document filed by J.P. Morgan Securities Ltd., JPMorgan Chase Bank, N.A., J.P. Morgan Securities LLC, JPMorgan Chase & Co.(bkar) |
| CASE REFERRED TO Judge Louis L. Stanton as possibly related to 08-cv-10791. (bkar) |
| Case Designated ECF. (bkar) |
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