Irving H. Picard v. Deborah Madoff et al
| Irving H. Picard |
| Andrew Madoff, A.M., Andrew H. Madoff, A. W. M., Deborah Madoff, E. W. M. and E.M. |
| Bernard L. Madoff Investment Securities LLC |
| 1:2012cv02751 |
| April 9, 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 8
OPINION AND ORDER: Accordingly, the Court concludes that, in a SIPA proceeding such as this, a defendant may succeed on a motion to dismiss by showing that the complaint does not plausibly allege that that defendant did not act in good faith. Because this determination must be made on the basis of the specific allegations in the Trustee's various complaints, the Court, having set out the general framework, hereby leaves it to the Bankruptcy Court to determine in any given instance whether the foregoing standards have been met. Accordingly, the Court directs that the following adversary proceedings be returned to the Bankruptcy Court for further proceedings consistent with this Opinion and Order: (1) those cases listed in Exhibit A of item number 197 on the docket of 12 Misc. 115; and (2) those cases listed in the schedule attached to item number 468 on the docket of 12 Misc. 115 that were designated as having been added to the "good faith" consolidated briefing. (Signed by Judge Jed S. Rakoff on 4/27/2014) (mro)
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| Mailed notice re: #5 Notice of Case Assignment/Reassignment to the Plaintiff(s) of record. (sbr) |
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Filing 7
OPINION & ORDER: #102762 In sum, the Court follows other courts in this District, as well as its own prior precedent, in concluding that, though Stern precludes the Bankruptcy Court from finally deciding avoidance actions (unless, possibly, the Trustee has sought to disallow a claim to the estate under 502(d)), the Bankruptcy Court nonetheless has the power to hear the matter in the first instance and recommend proposed findings of fact and conclusions of law. The Court further declines to withdraw the reference of these cases to the Bankruptcy Court "for cause shown" before the Bankruptcy Court has issued appropriate findings of fact and conclusions of law. Except to the extent provided in other orders, the Court directs that what remains of the adversary proceedings listed in Exhibits A and C of item number four on the docket of 12 Misc. 115 be returned to the Bankruptcy Court for further proceedings consistent with this Opinion and Order. SO ORDERED. (Signed by Judge Jed S. Rakoff on 1/4/2013) ***Docketed pursuant to entry docketed in 12mc115 on 6/7/2013.*** (tro)
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| CASE ACCEPTED AS RELATED. Create association to 1:11-cv-03775-JSR. (pgu) |
| Filing 5 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) |
| Filing 4 NOTICE OF APPEARANCE by Nicholas J. Cremona on behalf of Irving H. Picard (Cremona, Nicholas) |
| Filing 3 NOTICE OF APPEARANCE by Oren J. Warshavsky on behalf of Irving H. Picard (Warshavsky, Oren) |
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Filing 6
ORDER: IT IS HEREBY ORDERED AS FOLLOWS: The reference of the Adversary Proceedings is withdrawn from the Bankruptcy Court, in part, to this Court for the limited purpose of deciding the following issues (the "Withdrawn Stem Issues") set forth within this Order. The Trustee and SIPC are deemed to have raised, in response to all pending motions for withdrawal of the reference based on the Withdrawn Stem Issues, all arguments previously raised by either or both of them in opposition to all such motions granted by the Prior Stem Withdrawal Rulings, and such objections or arguments are deemed to be overruled, solely with respect to the Withdrawn Stem Issues, for the reasons stated in the Prior Stem 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. The Stem Withdrawal Defendants shall file one consolidated opening brief, not to exceed forty (40) pages, addressing the Withdrawn Stem Issues on or before May 3, 2012. The Trustee and SIPC shall each file an opposition brief, not to exceed forty (40) pages each, addressing the Withdrawn Stem Issues on or before May 25, 2012. The Stem Withdrawal Defendants shall file one consolidated reply brief, not to exceed twenty (20) pages, on or before June 11, 2012. The Court will hold oral argument concerning the Withdrawn Stem Issues on June 18, 2012, at 2:00 p.m. (the "Hearing Date"). On or before June 11, 2012, the Stem Withdrawal 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 the Adversary Proceedings listed on Exhibits A and/or C, 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 Stem Issues) raised in the Adversary Proceedings by the Stem Withdrawal Defendants, all of which are preserved, as further set in this Order. (Signed by Judge Jed S. Rakoff on 4/13/2012) ***Docketed pursuant to Order docketed in case no. 12mc115 on 6/7/2013.***(tro)
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| Mailed notice re: Mail Letter of Notification to Bankruptcy Court, #1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-5332A, 08-1789 (BRL)., Case Referred as Possibly Related/Similar, #2 Memorandum of Law in Support, Case Designated ECF to the attorney(s) of record. (pgu) |
| 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: 10-5332A (BRL).) with the U.S.D.C. - S.D.N.Y. and the assignment of S.D.N.Y. Case Number: 12-cv-2751. (pgu) |
| Filing 2 MEMORANDUM OF LAW in Support re: #1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-5332A, 08-1789 (BRL).. Document filed by Deborah Madoff(individually, and as Natural Guardian of A.W.M. and E.W.M.). (bkar) |
| Filing 1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-5332A, 08-1789 (BRL).Document filed by Deborah Madoff(individually, and as Natural Guardian of A.W.M. and E.W.M.).(bkar) |
| Case Designated ECF. (bkar) |
| CASE REFERRED TO Judge Jed S. Rakoff as possibly related to 11-cv-3775. (bkar) |
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