Irving H. Picard v. Mark Chais et al
| Irving H. Picard |
| Onadaga, Inc. Pension Plan, The William And Wrenn Chais 1994 Family Trust, Michael Chasalow, Mark Hugh Chais Issue Trust No. II, William Frederick Chais Trust No. 3, Emily Chais Trust No. 3, Jonathan Wolf Chais 1996 Trust, The Chloe Francis Chais Transferee #1 Trust, Unicycle Corporation, The 1994 Trust For The Children Of Stanley And Pamela Chais, The Ari Chais Transferee #1 Trust, Emily Chais Issue Trust No. 1, The 1999 Trust For The Grandchildren Of Stanley And Pamela Chais, The Unicycle Corporation Money Purchase Plan, The William Frederick Chais 1983 Trust, The Brighton Company, The Popham Company, The Lambeth Company, Chloe Chais Transferee Trust No. 1, The Onondaga, Inc. Money Purchase Plan, The Madeline Celia Chais 1992 Trust, Chais Investments, Ltd., Chais Management, Inc., The Chais 1991 Family Trust, Emily Chais Trust No. 2, The Jonathan Wolf Chais Trust, Miri Chais, The Onondaga, Inc. Defined Benefit Pension Plan, The Mark Hugh Chais Issue Trust, Onondaga, Inc., William Chais, Chais Venture Holdings, The Tali Chais 1997 Trust, Mark Hugh Chais Issue Trust No. I, The Emily Chais Issue Trust, William Frederick Chais Issue Trust No. I, Albert Angel, The Mark Hugh Chais 1983 Trust, The Justin Robert Chasalow Transferee #1 Trust, Mirie Chais, The William Frederick Chais Trust, The Unicycle Trading Company, The Benjamin Paul Chasalow 1999 Trust, Appleby Productions Ltd., Chais Management Ltd., William Frederick Chais Issue Trust No. II, The Rachel Allison Chasalow Transferee #1 Trust, William Frederick Chais Trust No. 2, The Benjamin Paul Chasalow Transferee #1 Trust, The Madeline Chais Transferee #1 Trust, Mark Hugh Chais Trust No. 3, Chais Family Foundation, Wrenn Chais, The 1999 Trust For The Children Of Stanley And Pamela Chais, The Appleby Productions Ltd. Defined Contribution Plan, The Ari Chais 1999 Trust, The 1996 Trust For The Children Of Pamela Chais And Stanley Chais, The Justin Robert Chasalow 1999 Trust, The Emily Chais 1983 Trust, Stanley Chais, Emily Chais Issue Trust No. II, The Tali Chais Transferee #1 Trust, The Mark Hugh Chais Trust, The Appleby Productions Ltd. Profit Sharing Plan, The Emily Chais Trust, The Rachel Allison Chasalow 1999 Trust, Emily Chasalow, The William F. Chais Issue Trust, The Jonathan Chais Transferee #1 Trust, Mark Hugh Chais Trust No. 2, Unicycle Corp., Mark Chais, The Appleby Productions Ltd. Money Purchase Plan, The Chloe Francis Chais 1994 Trust, Pamela Chais and Does 1-25 |
| Bernard L. Madoff Investment Securities LLC |
| 1:2012cv02371 |
| March 30, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Jed S Rakoff |
| Bankruptcy Withdrawal |
| 28 U.S.C. § 157 |
| None |
Docket Report
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Filing 9
ORDER: On July 10, 2014, the Court issued an Order directing counsel to parties with individual issues not addressed by the Court's decisions in the consolidated withdrawals to inform the Court by letter by July 18, 2014. See ECF No. 552. The Court received several such letters and addressed the issues they raised in separate Orders. Any remaining motions to withdraw the reference are hereby denied and all the adversary proceedings are returned to the Bankruptcy Court. The Clerk of Court is directed to close all the civil cases seeking to withdraw the reference related to this matter. (Signed by Judge Jed S. Rakoff on 8/1/2014) (kgo)
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Filing 8
OPINION AND ORDER: Except to the extent provided in other orders, the Court directs that what remains of the adversary proceedings listed in Exhibit A of item number 119 on the docket of 12 Misc. 115 be returned to the Bankruptcy Court for further proceedings consistent with this Opinion and Order. (Signed by Judge Jed S. Rakoff on 4/15/2013) (tro)
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Filing 7
ORDER: BASED ON THE FOREGOING, IT IS HEREBY ORDERED AS FOLLOWS: The Prior Administrative Order is hereby amended and superseded by this Order and the Adversary Proceedings listed on Exhibit A are incorporated by reference herein: The motions to withdraw the reference in the Adversary Proceedings identified on Exhibit B hereto are governed by the Consolidated Briefing Orders and Permissive Withdrawal Orders and shall be resolved through the common briefing ordered therein; The motions to withdraw the reference in the Adversary Proceedings identified on Exhibit C hereto, which raised permissive withdrawal arguments that were previously deferred by prior orders of this Court, are governed by the Permissive Withdrawal Orders and, for the reasons stated therein, the Court regards the permissive withdrawal arguments made in such motions as subsumed by the consolidated briefing on the issues presented by the Stern Order; Accordingly, the Court will resolve the permissive withdrawal issues raised in the motions to withdraw the reference in the Adversary Proceedings identified on Exhibit C when the Court decides the motion described in the Stern Order; The prior consent orders entered by this Court with respect to the Adversary Proceedings identified on Exhibit C hereto are hereby vacated and superseded by this Order; The resolution of the issues covered by Consolidated Briefing Orders and Permissive Withdrawal Orders shall govern the motions to withdraw the reference pending in the Adversary Proceedings and no further action is required with respect to such motions; Any individual briefing schedules previously established with respect to motions to withdraw the reference pending in the Adversary Proceedings are hereby vacated. (Signed by Judge Jed S. Rakoff on 7/11/2012) (djc)
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Filing 6
ORDER: The reference of the Adversary Proceedings is withdrawn from the Bankruptcy Court to this Court solely with respect to the Section 546(e) Withdrawal Defendants, in part, for the limited purpose of hearing and determining issues relating to the application of Section 546(e) in the Adversary Proceedings, including, without limitation, as further set forth in this Order. On or before July 27, 2012, (i) the Financial Institution Defendants and (ii) all remaining Section 546(e) Withdrawal Defendants, including all Opt-Out Defendants, shall each file (x) a consolidated motion pursuant to Fed. R. Civ. P. 12 (made applicable to the Adversary Proceedings by Fed. R. Bankr. P. 7012) and (y) a consolidated supporting memorandum of law, not to exceed forty (40) pages each (the "Motion to Dismiss"). The Motion to Dismiss shall include a reference (by civil action number and docket number only) to one or more representative complaints filed by the Trustee against either (a) a Initial Transferee Defendant; and (b) a Financial Institution Defendant. Any further requirement that the Pleadings subject to the Motion to Dismiss be identified or filed is deemed waived and satisfied. The Trustee and SIPC may each file a memorandum of law in opposition to each Motion to Dismiss filed by the Financial Institution Defendants and the remaining Section 546(e) Withdrawal Defendants, with each opposition not to exceed forty (40) pages, on or before September 28, 2012. The Financial Institution Defendants and the remaining Section 546(e) Withdrawal Defendants may each file a consolidated reply brief, not to exceed twenty (20) pages each, on or before October 19, 2012 (the "Reply Brief"). In the event the Trustee files an amended complaint (the "Amended Complaint") in any of the Adversary Proceedings after the Motion to Dismiss is filed, the Reply Brief shall include a reference (by civil action number and docket number only) to a representative Amended Complaint filed by the Trustee against an Initial Transferee Defendant and a Financial Institution Defendant. Any further requirement that the Amended Complaints subject to the Motion to Dismiss be identified or filed is deemed waived and satisfied. In the event the Trustee files an Amended Complaint, he shall, at the time the Amended Complaint is filed, provide the Section 546(e) Withdrawal Defendants a blackline reflecting the changes made in the Amended Complaint from the then operative complaint. The Court will hold oral argument on the Motions to Dismiss on October 30, 2012 at 4:00 p.m. (the "Hearing Date"). On or before October 19, 2012, the Financial Institution Defendants and the remaining Section 546(e) Withdrawal Defendants shall each designate one lead counsel to advocate their position at oral argument on the Hearing Date, but any other attorney who wishes to be heard may appear and so request. The caption displayed on this Order shall be used as the caption for all pleadings, notices and briefs to be filed pursuant to this Order. and (b) a Financial Institution Defendant. Any further requirement that the Pleadings subject to the Motion to Dismiss be identified or filed is deemed waived and satisfied. (Oral Argument set for 10/30/2012 at 04:00 PM before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 5/15/2012) (djc) Modified on 6/20/2012 (djc).
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Filing 5
ORDER: The reference of the Adversary Proceedings listed in Exhibit A is withdrawn, in part, from the Bankruptcy Court to this Court solely with respect to the Antecedent Debt Defendants for the limited purpose of hearing and determining whether and to what extent (i) transfers made by Madoff Securities that the Trustee seeks to avoid were made in exchange for value, such as antecedent debts that Madoff Securities owed to the Antecedent Debt Defendants at the time of the transfers. The Trustee and SIPC are deemed to have raised, in response to all pending motions for withdrawal of the reference based on the Withdrawn Antecedent Debt Issue, all arguments previously raised by either or both of them in opposition to all such motions granted by the Prior Antecedent Debt Withdrawal Rulings, and such objections or arguments are deemed to be overruled, solely with respect to the Withdrawn Antecedent Debt Issue, for the reasons stated in the Prior Antecedent Debt Withdrawal Rulings. All objections that could be raised by the Trustee and/or SIPC to the pending motions to withdraw the reference in the Adversary Proceedings, and the defenses and responses thereto that may be raised by the affected defendants, are deemed preserved on all matters. On or before June 25, 2012, the Antecedent Debt Defendants shall file a single consolidated motion to dismiss pursuant to Fed. R. Civ. P. 12 (made applicable to the Adversary Proceeding by Fed. R. Bankr. P. 7012) and a single consolidated supporting memorandum of law, not to exceed fifty (50) pages (together, the "Antecedent Debt Motion to Dismiss"). The Trustee and SIPC shall each file a memorandum of law in opposition to the Antecedent Debt Motion to Dismiss, not to exceed fifty (50) pages each, addressing the Withdrawn Antecedent Debt Issue on or before July 25, 2012. The Antecedent Debt Defendants shall file one consolidated reply brief, not to exceed thirty (30) pages, on or before August 8, 2012. The Court will hold oral argument on the Antecedent Debt Motion to Dismiss on August 20, 2012 at 4:00 p.m. (the "Hearing Date"). On or before August 8, 2012, the Antecedent Debt Defendants shall designate one lead counsel to advocate their position at oral argument on the Hearing Date, but any other attorney who wishes to be heard may appear and so request. The caption displayed on this Order shall be used as the caption for all pleadings, notices and briefs to be filed pursuant to this Order. All communications and documents (including drafts) exchanged between and among any of the defendants in any of the adversary proceedings, and/or their respective attorneys, shall be deemed to be privileged communications and/or work product, as the case may be, subject to a joint interest privilege. This Order is without prejudice to any and all grounds for withdrawal of the reference (other than the Withdrawn Antecedent Debt Issue) raised in the Adversary Proceedings by the Antecedent Debt Defendants and any matter that cannot properly be raised or resolved on a Rule 12 motion, all of which are preserved. Nothing in this Order shall: (a) waive or resolve any issue not specifically raised in the Antecedent Debt Motion to Dismiss; (b) waive or resolve any issue raised or that could be raised by any party other than with respect to the Withdrawn Antecedent Debt Issue, including related issues that cannot be resolved on a motion under Fed. R. Civ. P. 12; or (c) notwithstanding Fed. R. Civ. P. 12(g)(2) or Fed. R. Bankr. P. 7012(g)(2), except as specifically raised in the Antecedent Debt Motion to Dismiss, limit, restrict or impair any defense or argument that has been raised or could be raised by any Antecedent Debt Defendant in a motion to dismiss under Fed. R. Civ. P. 12 or Fed. R. Bankr. P. 7012. Nothing in this Order shall constitute an agreement or consent by any Antecedent Debt Defendant to pay the fees and expenses of any attorney other than such defendant's own retained attorney. This paragraph shall not affect or compromise any rights of the Trustee or SIPC. This Order is without prejudice to and preserves all objections of the Trustee and SIPC to timely-filed motions for withdrawal of the reference currently pending before this Court (other than the withdrawal of the reference solely with respect to the Withdrawn Antecedent Debt Issue) with respect to the Adversary Proceedings, and the defenses and responses thereto that may be raised by the affected defendants, are deemed preserved on all matters. The procedures established by this Order, or by further Order of this Court, shall constitute the sole and exclusive procedures for determination of the Withdrawn Antecedent Debt Issue in the Adversary Proceedings (except for any appellate practice resulting from such determination), and this Court shall be the forum for such determination. To the extent that briefing or argument schedules were previously established with respect to the Withdrawn Antecedent Debt Issue in any of the Adversary Proceedings, this Order supersedes all such schedules solely with respect to the Withdrawn Antecedent Debt Issue. All other provisions as further set forth in this order.( Motions due by 6/25/2012., Responses due by 7/25/2012, Replies due by 8/8/2012., Oral Argument set for 8/20/2012 at 04:00 PM before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 5/12/2012) (mro)
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| Filing 4 NOTICE OF CASE ASSIGNMENT to Judge Jed S. Rakoff. Judge Unassigned is no longer assigned to the case. (pgu) |
| Magistrate Judge Henry B. Pitman is so designated. (pgu) |
| CASE ACCEPTED AS RELATED. Create association to 1:11-cv-03605-JSR. Notice of Assignment to follow. (pgu) |
| Filing 3 NOTICE OF APPEARANCE by Nicholas J. Cremona on behalf of Irving H. Picard (Cremona, Nicholas) |
| Filing 2 NOTICE OF APPEARANCE by Oren J. Warshavsky on behalf of Irving H. Picard (Warshavsky, Oren) |
| Mailed letter to the United States Bankruptcy Court - Southern District of New York as notification of filing of Bankruptcy Motion to Withdraw Reference (Case Number: 09-1172A (BRL).) with the U.S.D.C. - S.D.N.Y. and the assignment of S.D.N.Y. Case Number: 12-cv-2371. (pgu) |
| Mailed notice re: Case Designated ECF, Case Referred as Possibly Related/Similar, #1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 09-1172A, 08-1789 (BRL).MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 09-1172A, 08-1789 (BRL).MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 09-1172A, 08-1789 (BRL).MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 09-1172A, 08-1789 (BRL).MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 09-1172A, 08-1789 (BRL).MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 09-1172A, 08-1789 (BRL).MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 09-1172A, 08-1789 (BRL).MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 09-1172A, 08-1789 (BRL).MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 09-1172A, 08-1789 (BRL)., Mail Letter of Notification to Bankruptcy Court, to the attorney(s) of record. (pgu) |
| Filing 1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 09-1172A, 08-1789 (BRL).Document filed by William Frederick Chais Trust No. 3, The Chloe Francis Chais Transferee #1 Trust, The Mark Hugh Chais Issue Trust, The Madeline Chais Transferee #1 Trust, The Ari Chais 1999 Trust, Mark Hugh Chais Trust No. 2, The Mark Hugh Chais 1983 Trust, William Frederick Chais Issue Trust No. I, Michael Chasalow, The Onondaga, Inc. Money Purchase Plan, Chais Venture Holdings, The William Frederick Chais Trust, The Benjamin Paul Chasalow 1999 Trust, The 1994 Trust For The Children Of Stanley And Pamela Chais, The 1999 Trust For The Children Of Stanley And Pamela Chais, The Tali Chais 1997 Trust, Mark Hugh Chais Issue Trust No. I, Wrenn Chais, The Jonathan Wolf Chais Trust, Emily Chasalow, Mark Hugh Chais Issue Trust No. II, The William And Wrenn Chais 1994 Family Trust, Chais Investments, Ltd., The Rachel Allison Chasalow Transferee #1 Trust, Emily Chais Issue Trust No. II, William Frederick Chais Issue Trust No. II, Unicycle Corp., The Unicycle Corporation Money Purchase Plan, Mark Chais, Emily Chais Trust No. 3, The Emily Chais 1983 Trust, The William Frederick Chais 1983 Trust, The Benjamin Paul Chasalow Transferee #1 Trust, The 1999 Trust For The Grandchildren Of Stanley And Pamela Chais, The Mark Hugh Chais Trust, Emily Chais Trust No. 2, The Emily Chais Trust, William Frederick Chais Trust No. 2, The Chloe Francis Chais 1994 Trust, Unicycle Corporation, The Madeline Celia Chais 1992 Trust, The Ari Chais Transferee #1 Trust, The Tali Chais Transferee #1 Trust, The William F. Chais Issue Trust, Emily Chais Issue Trust No. 1, William Chais, The 1996 Trust For The Children Of Pamela Chais And Stanley Chais, The Emily Chais Issue Trust, Chloe Chais Transferee Trust No. 1, The Rachel Allison Chasalow 1999 Trust, Onadaga, Inc. Pension Plan, Chais Management Ltd., Miri Chais, The Onondaga, Inc. Defined Benefit Pension Plan, The Justin Robert Chasalow 1999 Trust, The Jonathan Chais Transferee #1 Trust, Chais Management, Inc., The Justin Robert Chasalow Transferee #1 Trust, The Unicycle Trading Company, Onondaga, Inc., Mark Hugh Chais Trust No. 3. (Attachments: #1 Memorandum of Law in Support)(bkar) |
| CASE REFERRED TO Judge Jed S. Rakoff as possibly related to 11-cv-3605. (bkar) |
| Case Designated ECF. (bkar) |
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