Securities Investor Protection Corporation v. Bernard L. Madoff Investment Securities L.L.C.
Plaintiff: Securities Investor Protection Corporation and Irving H. Picard
Defendant: David Silver, Neil N. Lapidus, Edward Blumenfeld, individually, and as Trustee, Audax Group LP, Audax Management Co. LLC, 101 Huntington Holdings LLC, Marc B. Wolpow, Geoffrey S. Rehnert, Richard T. Joseph; Carol Nelson; Gordon Associates, Bruce Gordon; Robert M. Siff; Robert Ros, John Nessel, HHI Investment Trust #2 (and related Defendants listed in Appendix A), Kingate Euro Fund, Ltd., Alice Rosenwald, Jelris & Associates, L.P., Milton Cooper, Citrus Investment Holdings Ltd., Peri Arenas, Stepheny B. Riemer, Amy Metzenbaum, Deborah Madoff, BWI, Sherry Gaines In Her Fiduciary Capacity As Trustee Of The Jay Gaines & Co. Profit Sharing Plan, Edward Blumenfeld Gerald Y Mordfin et al, Jill Fischer, Fullerton Capital PTE Ltd., Blanchefleur Macher, Joyce C. Auerbach, DOS BFS FAMILY PARTNERSHIP II, L.P., DONALD AND BETTE STEIN FAMILY TRUST, DONALD O. STEIN, WILLIAM STEIN, JAMIE STEIN WALKER, and BARBARA STEIN JAFFE, The Jeanne T. Spring Trust, Harold Anfang, Barclays Bank S.A., Northern Trust, N.A., Ashby Investment Services Limited, Regina Fisher, The Glantz-Ostrin Trust II, Norton S. Rosensweig, The Hausner Group, The Spring Family Trust, The Estate of Thelma Glantz, Enhancement Group, Estate of Elaine Cooper, Steven Mnuchin, Alan Mnuchin, Generation Skipping Transfer Trust FBO Alan Mnuchin, Generation Skipping Transfer Trust FBO Steven Mnuchin, Trust FBO Alan Mnuchin, Trust FBO Ste, Tesuji Partners, LLC, David Blumenfeld, individually, and as Trustee, Harold Greisman, Thomas D. Kearns, Elbert R. Brown Trust (and related Defendants listed in Appendix A), David Abel, PETER PEARMAN, Financial Institution Defendants, Trust f/b/o Brad Blumenfeld, BSI AG, Fairfield Heathcliff Capital LLC, P&I PARTNERS, Trust f/b/o David Blumenfeld, The Joint Tenancy of Robert Pinchou and Fabian Guenzburger, Andrew Samuels, The Lustig Family 1990 Trust, Bank Julius Baer & Co. Ltd., Thema Fund Limited, Cardinal Management, Inc., Emanuel R. Pearlman, The Estate of Gilbert M. Kotzen, Harold J. Hein, ELIZABETH R VARET, The Estate of Elena Jalon, Fairfield Greenwich (Bermuda) Limited, ABN AMRO Retained Custodial Services (Ireland) Limited, Patrick Littaye, Luc D. Estenne, Marjorie Most, LaGuardia Corporate Center Associates, LLC, Citibank, N.A., Belinda F. Clarke, Migs Woodside, Thema International Fund PLC, Bull Market Fund, Janice M. Calesa, EJS, Pioneer Global Asset Management S.p.A., The Joint Tenancy of Phyllis Guenzburger and Fabian Guenzburger, Charles Murphy, Edward and Susan Blumenfeld Charitable Lead Trust, Kingate Global Fund, Ltd., The Edward R. Glantz Living Trust, HUDSON CHARITABLE FUND, The Glantz-Ostrin Trust I, Safra National Bank of New York, Fairfield International Managers, Inc., RMGF LTD. Partnership, South Sea Holdings L.P., Financiere Agache, Multi-Strategy Fund Limited, Amy Joel, Chester Global Strategy Fund Limited, Philip Toub, Blumco Setauket, LLC, Linda Rosensweig, Banco Bilbao Vizcaya Argentaria, Scott Ostrin, BDG Larkfield Associates, LLC, Stephanie S. Mack, Chester Global Strategy Fund, LP, Lorraine Lock Nosworthy, Leonard D. Pearlman, Nicole Girard, UniCredit S.p.A., Inteligo Bank Ltd. Panama Branch f/k/a Blubank Ltd Panama Branch, Stanley J. Bernstein, THE ESTATE OF JESSE L. SIGELMAN, JONATHAN R. SIGELMAN, Ellen J. Wertheim, First Peninsula Trustees Limited, Robert Nystrom, Joan Roman, Calesa Associates L.P., Trust U/W/O David L. Fisher, ELIZABETH R. VARET MONEY PURCHASE PENSION PLAN, Harvey Cohen, individually, and as Trustee, Visiting Nurse Service of New York, Fairfield Investment Fund Limited, The S. James Coppersmith Charitable Remainder Unitrust, Mary Ann Stefanelli, Mistral (SPC), Howard Samuels, BDG Commack, LLC, Deborah Weinstein, Freda B. Epstein, The Scott Ostrin Trust, The M & B Weiss Family Limited Partnership of 1996 c/o Melvyn I. Weiss, JRAG, LLC, The Edward and Susan Blumenfeld Foundation, R.H. Book, LLC, Austin Bosarge, Banca Carige S.P.A., Pamela W. Goldberg, BDG DWD Associates, LLC, Neil S. Goldman, Individually And In His Capacity As Executor Of The Estate Of Mayer Goldman, Gerald Blumenthal (and related Defendants listed in Appendix A to the Blumenthal Notice of Appearance), Allan R. Tessler, Pierre Delandmeter, Fairfield Greenwich Limited, Kostin Company, Macher Family Partnership, Alexandra E. Hausner Cave, Brad Blumenfeld Charitable Lead Trust, Kenneth Macher, Russell J. DeLucia, Fairfield Greenwich (UK) Limited, Freda Epstein Revocable Trust, Barclays Private Bank & Trust Limited, Zia Inayat Khan, I.I. Kotzen Company, El Prela Trust, Joshua Elkin, Marvin L. Olshan, Jonathan P. Rosensweig, The Marcia Kotzen 2002 Revocable Trust, CRS Revocable Trust, SNS Global Custody B.V., 125 Bethpage Associates, Kathy Hausner Grossman, Hermes International Fund Limited, Merrill Lynch Bank (Suisse) SA, The Trust FBO Nicole Girard U/A/D, Grace & Company, Sherry Gaines, Jeffrey Hinte, Pergament Equities, LLC, ABN AMRO Bank (Ireland) Ltd. (f/k/a Fortis Prime Fund Solutions Bank (Ireland) Ltd.), Linda Sohn, Lawrence Robert Velvel, John Reisman, KBC Investments Ltd., Joel Yanowitz, Steven Goldman, Melvin B. Nessel Revocable Trust, NINA ROSENWALD, ARC-BDG Setauket Enterprise, David Ivan Lustig, P&S Associates, Amanda Goldberg Snyderman, Partners Advisers S.A., Kara Fishbein Goldman, ELLEN V. GREENSPAN, BCC II, LLC, Daniel Schneider, PICTET ET CIE, Dara Sandler, Michael Most, ANCHORAGE CHARITABLE FUND, The Brad Blumenfeld Family Foundation, The 1995 Jack Parker Descendant Trust No. 1, RONALD J. STEIN, The David Blumenfeld Family Trust, ABN AMRO Custodial Services (Ireland) Ltd., Amy Luria Partners LLC, Neal Goldman, Merlin & Associates, Ltd., David I. Lustig, Sarah R. Varet, Jennifer Spring McPherson, B-4 Partnership, Denise M. Angeja, Susan Greenwald Luria, ALICE ROSENWALD FUND, 500 Bi-County Associates, L.P., Gail Nessel, Robert S. Bernstein, Thema Wise Investments Limited, Daniel Land Co. LLC, Andrew Kostin, 45 South Service Road, LLC, Fairfield Investors (Euro) Ltd., Jerry Yanowitz, The Glantz Family Foundation, Metro Motor Imports, Inc., et al, BDG 125th Street, LLC, Elaine Ostrin, SNS Bank N.V., Lagoon Investment Limited (for itself and as Trustee of the Lagoon Investment Trust), Alexander G. Anagnos, Michael N. Rosen, Kenneth Kreger, Banco Itau Europa Luxembourg, S.A., BDG Construction Corp., LaGuardia Corporate Center Associates, L.P., Joan Elkin Madison, Chester Management Cayman Limited, The Joyce C.Auerbach Revocable Trust, Janet Jaffin, Charitable Remainder Trust F/B/O Vivien Svigals, WIlliam Rosenwald Family Fund, Inc., Michael A. Varet, Geo Currencies S.A., The Estate of Edward R. Glantz, Susan Siegal, Adam P. Glick, Samuels Family Limited Partnership, THE ABSTRACTION FUND, Taj Inayat, Mr. Robert Blum, Ostrin Family Partnership, Michael Frenchman, Trust U/T/A, Edward Blumenfeld et al II, Maxrob, L.P., Robert A. Belfer, as Trustee of The Robert A. Belfer and Renee E. Belfer Family Foundation, Randi M. Calesa 1986 Trust, Lakeview Investment, LP, BDG Kingsbridge, LLC, CDP Capital Tactical Alternative Investments, Jay Gaines, DWD Associates, LLC, David R. Varet, Jeff E. Calesa, Charleston Enterprises, LLC, The Estate of Sylvia W. Lock, Susan Blumenfeld, individually, and as Trustee, Joseph R. Varet, Cheryl K. Tomchin, Janice M. Calesa 1984 Trust, Morton Kurzrok, Bonnie J. Kansler, Double B Squared LLC, Edward Blumenfeld et al, Edith G. Sisler, ELIZABETH R. VARET IRA ROLLOVER, Santiago Reyes, Gregory Antoniazzi, Brad Blumenfeld Farmingdale Trust, BDG Deer Park Associates, LLC, Melvin B. Nessel 2006 Trust u/a/d, Gutmacher Enterprises, LP, Gordon Mackenzie, Maurice Harvey Rubin, Tensyr Limited, Remaining 546(e) Parties, Bernard L. Madoff Investment Securities L.L.C., ABN AMRO Bank N.V.(The Royal Bank of Scotland N.V.), Amy J. Luria, The Gilbert M. Kotzen 1982 Trust, Cynthia A. Delles, Miles & Shirley Fiterman Charitable Foundation, et al., David Kostin, Michael Fisher, The Ashby Trust, Frederic J. Perlen, Dogwood Realty Group, Fern Creek Limited Partnership, BDG Daniel Street, LLC, Richard M. Glantz, Marital Trust created under Revocable Trust of Marvin G. Graybow, Buckmaster Farms, L.P., Brad Blumenfeld, individually, and as Trustee, Defendants Opposing 1292(b) Certification of Good Faith Issue, Ambassador Shoe Corporation; Fred A. Daibes Madoff Securities Trust; Arthur M. Siskind; Lillian Berman Goldfarb; Estate of Helene Abraham, Estate of Alexander Abraham, Nancy Abraham, James Abraham, Tr, Hess Kline Rev. Trust, et al., Trust F/B/O Alexandra E. Hausner Cave, STUART H. COLEMAN, Fiterman Investment Fund, et al., Square Asset Management Ltd., Ringler Partners, L.P., Daniel F. Lindley, Banque J. Safra (Suisse) SA f/k/a Banque Jacob Safra (Suisse) SA, Janice G. Coppersmith, Naidot & Co., Lourdes Barreneche, Access Management Luxembourg S.A., James R. Ledley, Kathryn R. Siggins, Paul Rampell, Randi C. Crawford, AMERICAN PHILANTHROPIC FOUNDATION, Square One Fund Ltd., The Robert A. Belfer and Renee E. Belfer family foundation, The Richard M. Glantz 1991 Living Trust, Belfer Corporation, El Prela Group Holding Services Limited, Alpine Trustees Limited, Seymour Zises, David Blumenfeld Farmingdale Trust, Stable Fund LP, Mark McKeefrey, Patricia Silver, Ashby Holding Services Limited, THE BARBARA GIRARD TESTAMENTARY TRUST FBO NICOLE GIRARD, Jacqueline Harary, Blumenfeld Development Group, Ltd., Indiv. and as Truste Evelyn Fisher, AMERICAN SECURITIES GROUP, L.L.C., El Prela Trading Investments Limited, The Melvin N. Lock Trust, ELIZABETH R. VARET DEFINED BENEFIT PLAN & TRUST, Jerald Ostrin, Pioneer Alternative Investment Management Ltd., Coblum Setauket, LLC, Boxwood Realty Group, Miles Q. Fiterman Revocable Trust, et al., Susan Kostin, Francine Fishman, S. James Coppersmith, The Sylvia W. Lock Declaration of Trust, Dated April 13, 1982, Jeff E. Calesa Trust 1989, Good Faith Defendants, Port of Hercules Trustees Limited, George S. Kaufman, Frank A. Petito d/b/a The Petito Investment Group, Banco Itau Europa International, richard Spring, BDG 115 Broadhollow, L.P., Jay Gaines & Co., Inc. Profit Sharing Plan, Sumitomo Trust & Banking Co. Ltd., Andrew Smith, American Securities Management, L.P., f/k/a American Securities, L.P., Anthony E. Stefanelli, Sharon L. Graybow, American Securities Holdings Corp., Dakota Global Investments, Ltd., Merrill Lynch International, Jeremy Goldberg, Isaac Jimmy Mayer, LDP Corp. Profit Sharing Plan and Trust, Elena Elkin, Defendants' listed in Appendix A of the Court's April 13, 2012 Order, The Robert Auerbach Revocable Trust, Robert Roman, Kim Dickstein, Irongate Global Strategy Fund Limited, Ascot Partners L.P., Diane Ringler, The Arthur and Rochelle Belfer Foundation, Inc., Bank J. Safra (Gibraltar) Limited, Constance R. Sisler, Alyssa Goldberg, Julie Schwartz, Vista Management Co., The Jerald Ostrin Trust, James Greiff, Edward Blumenfeld and Susan Blumenfeld, Hilda Hausner, BENJAMIN R SIGELMAN, Meredith Goldberg, BDG Lake Grove I, LLC, DECIMAL INVESTMENTS, L.L.C., Fairfield Greenwich Fund (Luxembourg), James Nosworthy, M. Harvey Rubin Trust of, Citibank North America, Inc., EDB Capital, LLC, Vista Management Company, METROPOLITAN PHILANTHROPIC FUND, INC., Estate of Rose Gutmacher, Robert H. Book, Zephyros Limited, Gotham Plaza Associates, LLC, Fairfield Greenwich Advisors LLC, Corina Noel Piedrahita, Barclays Bank (Suisse) S.A., Estate of Kay Frankel, Jay Gaines In His Fiduciary Capacity As Trustee Of The Jay Gaines & Co. Profit Sharing Plan, Unicredit Bank Austria AG, Patricia Samuels, Cyril Jalon, Robert Luria Partners, Susan Blumenfeld Interiors, Ltd., 10 Michael Drive Associates, L.P., Richard Landsberger, Edward Blumenfeld and Susan Blumenfeld 2007 Charitable Lead Trust, Laurie Frenchman, Edward F. Calesa, Stephen H. Stern, BDG Piscataway, LLC, Other Listed Defendants, David B. Pearce, Citigroup Global Markets Limited, Richard Weinberger, JJG FOUNDATION, INC., The Estate of Sarah E. Pearce, Robert Auerbach, Frank A. Petito, BDG Yaphank, LLC, Robert A. Luria, S&P Associates, Susan Blumenfeld GST Trust, Frederick Goldberg, Jeffrey Shankman, S.H. & Helen R. Scheuer Family Foundation, Inc., Daniel Lipton, Gregory Fisher, American Securities Opportunity Fund, L.P., Linda S. Paresky, The Thelma Glantz Living Trust, Trust f/b/o Susan Blumenfeld, Antecedent Debt Defendants Listed in Appendix A of the Court's May 12, 2012 Order and Roberta Cohen
Not Yet Classified: Madeline Celia Chais 1992 Trust, Tali Chais 1997 Trust, Mark Hugh Chais Trust No. 2, Jonathan Wolf Chais 1996 Trust, Justin Robert Chasalow 1999 Trust, Benjamin Paul Chasalow Transferee Trust No. 1, Rachel Allison Chasalow 1999 Trust, Mark Hugh Chais Issue Trust No. I, Chloe Frances Chais 1994 Trust, Jonathan Chais Transferee Trust No. I, Tali Chais Transferee Trust No. I, Onondaga, Inc. Money Purchase Plan, Justin Robert Chasalow Transferee Trust No. 1, Extraterritoriality Defendants Defined in the Consolidated Memorandum of Law in Support of the Extraterritoriality Defendants' Motion to Dismiss as Ordered by the Court on June 6, 2012, Meritz Fire & Marine Insurance Co., Ltd., Benjamin Paul Chasalow 1999 Trust, Maxam Capital GP LLC, 1994 Trust for the Children of Stanley and Pamela Chais, Maxam Capital Management LLC, William Chais, Unicycle Corporation, Laurie Blank, Emily Chasalow, Emily Chais 1983 Trust, William Frederick Chais 1983 Trust, Michael Chasalow, Chloe Frances Chais Transferee Trust No. I, Suzanne Hammond, William Frederick Chais Trust No. 3, William Frederick Chais Issue Trust No. II, Rachel Allison Chasalow Transferee Trust No. 1, Mark Chais, William Frederick Chais Issue Trust No. I, Sandra L. Manzke Revocable Trust, Reliance International Research LLC, Chais Venture Holdings, Maxam Absolute Return Fund Limited, Chais Management, Inc., Emily Chais Issue Trust No. II, Onondaga, Inc. Defined Benefit Pension Plan, Onondaga, Inc., 1996 Trust for the Children of Stanley and Pamela Chais, Ari Chais Transferee Trust No. I, Chais Investments, Ltd., Madeline Chais Transferee Trust No. I, Miri Chais, Sandra L. Manzke, Mark Hugh Chais Issue Trust No. II, Mark Hugh Chais 1983 Trust, Mark Hugh Chais Trust No. 3, Ari Chais 1999 Trust, Emily Chais Trust No. 3, William Frederick Chais Trust No. 2, William & Wren Chais 1994 Family Trust, Unicycle Corporation Money Purchase Plan, Walker Manzke, Justin Lowe, April Bukofser Manzke, Wrenn Chais, Unicycle Trading Company, Emily Chais Issue Trust No. 1, Emily Chais Trust No. 2, Chais Management, Ltd., 1999 Trust for the Grandchildren of Stanley and Pamela Chais, Bank of Hapoalim and Maxam Absolute Return Fund, LP
Consolidated Defendant: Subsequent Transferee Defendants
In Re: Madoff Securities
Case Number: 1:2012mc00115
Filed: April 13, 2012
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Jed S Rakoff
Nature of Suit: Other
Docket Report

This docket was last retrieved on January 28, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 28, 2015 Transmission of USCA Mandate/Order to the District Judge re: #570 USCA Mandate. (tp)
January 28, 2015 Transmission of USCA Mandate/Order to the District Judge re: #569 USCA Mandate. (tp)
January 28, 2015 Transmission of USCA Mandate/Order to the District Judge re: #571 USCA Mandate. (tp)
January 23, 2015 Filing 571 MANDATE of USCA (Certified Copy) as to #299 Notice of Appeal, filed by Irving H. Picard USCA Case Number 12-3440-bk(Con). IT IS HEREBY ORDERED, ADJUDGED and DECREED that the judgment of the district court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 1/23/2015. (tp)
January 23, 2015 Filing 570 MANDATE of USCA (Certified Copy) as to #298 Notice of Appeal, filed by Securities Investor Protection Corporation USCA Case Number 12-3422-bk(Con). IT IS HEREBY ORDERED, ADJUDGED and DECREED that the judgment of the districtcourt is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 1/23/2015. (tp)
January 23, 2015 Filing 569 MANDATE of USCA (Certified Copy) as to #191 Notice of Appeal,, filed by Securities Investor Protection Corporation USCA Case Number 12-2616-bk(Con). IT IS HEREBY ORDERED, ADJUDGED and DECREED that the judgment of the districtcourt is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 1/23/2015. (tp)
January 23, 2015 Filing 568 MANDATE of USCA (Certified Copy) as to #190 Notice of Appeal, filed by Irving H. Picard USCA Case Number 12-2557-bk(L). IT IS HEREBY ORDERED, ADJUDGED and DECREED that the judgment of the district court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 1/23/2015. (tp)
January 23, 2015 Transmission of USCA Mandate/Order to the District Judge re: #568 USCA Mandate. (tp)
January 20, 2015 Filing 567 Costs Taxed. USCA Case Number 12-3440(Con), in the amount of $1882.60. on 1/20/2015 in favor of Defendants-Appellees Ida Fishman Revocable Trust, Paul S. Shurman, in his capacity as co-trustee of the Ida Fishman Revocable Trust, William Shurman, in his capacity as co-trustee of the Ida Fishman Revocable Trust and as Executor of the estate of Ida Fishman, against Plaintiff-Appellant Irving H. Picard, Trustee for the Liquidation of Bernard L. Madoff Investment Securities LLC. (tp)
January 20, 2015 Filing 566 Costs Taxed. USCA Case Number 12-3422(Con), in the amount of $1882.60, on 1/20/2015 in favor of Defendants-Appellees Ida Fishman Revocable Trust, Paul S. Shurman, in his capacity as co-trustee of the Ida Fishman Revocable Trust, William Shurman, in his capacity as co-trustee of the Ida Fishman Revocable Trust and as Executor of the estate of Ida Fishman, against Plaintiff-Appellant Irving H. Picard, Trustee for the Liquidation of Bernard L. Madoff Investment Securities LLC. (tp)
January 20, 2015 Filing 565 Costs Taxed. USCA Case Number 12-2616(Con), in the amount of $1882.60, on 1/20/2015 in favor of Defendants-Appellees Ida Fishman Revocable Trust, Paul S. Shurman, in his capacity as co-trustee of the Ida Fishman Revocable Trust,William Shurman, in his capacity as co-trustee of the Ida Fishman Revocable Trust and as Executor of the estate of Ida Fishman, against Plaintiff-Appellant Irving H. Picard, Trustee for the Liquidation of Bernard L.Madoff Investment Securities LLC. (tp)
January 20, 2015 Filing 564 Costs Taxed. USCA Case Number 12-2557(L), in the amount of $1882.60, on 1/20/2015 in favor of Defendants-Appellees Ida Fishman Revocable Trust, Paul S. Shurman, in his capacity as co-trustee of the Ida Fishman Revocable Trust,William Shurman, in his capacity as co-trustee of the Ida Fishman Revocable Trust and as Executor of the estate of Ida Fishman, against Plaintiff-Appellant Irving H. Picard, Trustee for the Liquidation of Bernard L. Madoff Investment Securities LLC. (tp)
August 18, 2014 Opinion or Order Filing 563 ORDER FOR ADMISSION PRO HAC VICE granting #449 Motion for Andrew M. Grossman to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 8/16/2014) (kgo)
August 18, 2014 Opinion or Order Filing 562 ORDER FOR ADMISSION PRO HAC VICE granting #448 Motion for David B. Rivkin, Jr. to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 8/16/2014) (kgo)
August 18, 2014 Opinion or Order Filing 561 ORDER GRANTING THE MOTION OF KIMBERLY PERROTTA COLE FOR ADMISSION TO PRACTICE PRO HAC VICE re: #374 Motion for Kimberly Perrotta Cole to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 8/16/2014) (kgo)
August 18, 2014 Opinion or Order Filing 560 ORDER FOR ADMISSION PRO HAC VICE granting #450 Motion for Lee A. Casey to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 8/16/2014) (kgo)
August 18, 2014 Opinion or Order Filing 559 ORDER FOR ADMISSION PRO HAC VICE granting #319 Motion for Lawrence R. Velvel to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 8/16/2014) (kgo)
August 18, 2014 Opinion or Order Filing 558 ORDER FOR WITHDRAWAL OF APPEARANCE granting #546 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED THAT the motion for withdrawal of the appearance of Thomas B. Hatch is GRANTED; and the Court further directs the Clerk to remove Thomas B. Hatch from the docket in the above-noted case. (Signed by Judge Jed S. Rakoff on 8/16/2014) (kgo)
August 4, 2014 Opinion or Order Filing 557 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)
August 1, 2014 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 8/1/2014. (Kotowski, Linda)
July 28, 2014 Opinion or Order Filing 556 STIPULATION AND SUPPLEMENTAL OPINION AND ORDER #104563: IT IS STIPULATED AND AGREED by counsel for Irving H. Picard, Trustee for the Liquidation of Bernard L. Madoff Investment Securities LLC, the Securities Investor Protection Corporation, and the defendants in the adversary proceedings listed above herein, subject to the approval of the Court, that in accordance with Consent Orders dated June 25, 2012 (item number 203 on the docket of 12-mc-115) and June 29, 2013 (item number 475 on the docket of 12-mc-115), the Court's Opinion and Order dated July 6, 2014 (item number 551 on the docket of 12-mc-115) is hereby supplemented to direct that the adversary proceedings listed above herein also be returned to the Bankruptcy Court for further proceedings consistent with that Opinion and Order. The Clerk is directed to docket the Opinion and Order dated July 6, 2014 in the adversary proceedings listed above herein. (Signed by Judge Jed S. Rakoff on 7/25/2014) (kgo) Modified on 7/29/2014 (kgo). Modified on 7/31/2014 (ca).
July 24, 2014 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 7/24/2014. (Kotowski, Linda)
July 21, 2014 Opinion or Order Filing 555 MEMORANDUM ORDER denying #544 Motion for Certification of Interlocutory Appeal Under 28 U.S.C. 1292. For the foregoing reasons herein, the motion to certify the April 27, 2014 Opinion and Order for interlocutory appeal is hereby denied. The Clerk is directed to close item number 544 on the docket. SO ORDERED. (Signed by Judge Jed S. Rakoff on 7/17/2014) (kgo) Modified on 7/21/2014 (kgo).
July 16, 2014 Filing 554 REPLY MEMORANDUM OF LAW in Support re: #544 MOTION for Certification of Interlocutory Appeal Under 28 U.S.C. 1292 (b) re: #524 Memorandum & Opinion,,,, . . Document filed by Irving H. Picard. (Sheehan, David)
July 15, 2014 Filing 553 REPLY MEMORANDUM OF LAW in Support re: (544 in 1:12-mc-00115-JSR) MOTION for Certification of Interlocutory Appeal Under 28 U.S.C. 1292 (b) re: (524) Memorandum & Opinion,,,, . . Document filed by Securities Investor Protection Corporation. Filed In Associated Cases: 1:12-mc-00115-JSR, 1:12-cv-03489-JSR(LaRosa, Christopher)
July 10, 2014 Opinion or Order Filing 552 ORDER: The Court has now issued decisions addressing all of the consolidated issues arising from the Court's prior withdrawals of the reference. Any party to such a prior withdrawal who has an individual issue as to which such withdrawal was previously granted but which has not been resolved by the Court's rulings on the consolidated issues must notify the Court by letter submitted to Chambers by July 18, 2014, stating the civil docket number(s) and a brief description of the individual issue. All other cases will be returned to the bankruptcy court. SO ORDERED. (Signed by Judge Jed S. Rakoff on 7/9/2014) (kgo)
July 7, 2014 Opinion or Order Filing 551 OPINION AND ORDER 104497: In sum, the Court finds that section 550(a) does not apply extraterritorially to allow for the recovery of subsequent transfers received abroad by a foreign transferee from a foreign transferor. Therefore, the Trustee's recovery claims are dismissed to the extent that they seek to recover purely foreign transfers. Except to the extent provided in other orders, 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 167 on the docket of 12-mc-115; and (2) those cases listed in the schedule attached to item number 468 on the docket of 12-mc-115 that were designated as having been added to the "extraterritoriality" consolidated briefing. SO ORDERED. (Signed by Judge Jed S. Rakoff on 7/6/2014) (kgo) Modified on 7/11/2014 (nt).
July 2, 2014 Filing 550 JOINT MEMORANDUM OF LAW in Opposition re: #544 MOTION for Certification of Interlocutory Appeal Under 28 U.S.C. 1292 (b) re: #524 Memorandum & Opinion,,,, . . Document filed by Defendants Opposing 1292(b) Certification of Good Faith Issue. (Moloney, Thomas)
July 1, 2014 Opinion or Order Filing 549 OPINION AND ORDER 104474: In sum, the Court concludes that there is no irreconcilable conflict between section 502(d) of the Bankruptcy Code and SIPA such that section 502(d) should not apply to SIPA liquidation proceedings. Accordingly, in its February 13, 2013 Order, the Court denied the defendants' motions to dismiss to the extent they rely on the inapplicability of section 502(d) to SIPA proceedings. Except to the extent provided in other orders, 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 155 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 "section 502(d)" consolidated briefing. SO ORDERED. (Signed by Judge Jed S. Rakoff on 6/30/2014) (kgo) Modified on 7/7/2014 (nt).
June 11, 2014 Filing 548 MEMORANDUM OF LAW in Support re: (544 in 1:12-mc-00115-JSR) MOTION for Certification of Interlocutory Appeal Under 28 U.S.C. 1292 (b) re: (524) Memorandum & Opinion,,,, . Memorandum of SIPC in Support of Trustee's Motion for Certification of Interlocutory Appeal. Document filed by Securities Investor Protection Corporation. Filed In Associated Cases: 1:12-mc-00115-JSR, 1:12-cv-03489-JSR(LaRosa, Christopher)
June 6, 2014 Filing 547 AFFIDAVIT OF SERVICE of Motion for Withdrawal of Thomas B. Hatch served on Michael Richard Dal Lago on June 6, 2014. Service was made by Mail. Document filed by Hess Kline Rev. Trust, et al., Metro Motor Imports, Inc., et al, Miles & Shirley Fiterman Charitable Foundation, et al., Miles Q. Fiterman Revocable Trust, et al.. (Safranski, Stephen)
June 6, 2014 Filing 546 MOTION for Thomas B. Hatch to Withdraw as Attorney . Document filed by Hess Kline Rev. Trust, et al., Metro Motor Imports, Inc., et al, Miles & Shirley Fiterman Charitable Foundation, et al., Miles Q. Fiterman Revocable Trust, et al.. (Attachments: #1 Text of Proposed Order)(Safranski, Stephen)
June 5, 2014 Filing 545 MEMORANDUM OF LAW in Support re: #544 MOTION for Certification of Interlocutory Appeal Under 28 U.S.C. 1292 (b) re: #524 Memorandum & Opinion,,,, . . Document filed by Irving H. Picard. (Sheehan, David)
June 5, 2014 Filing 544 MOTION for Certification of Interlocutory Appeal Under 28 U.S.C. 1292 (b) re: #524 Memorandum & Opinion,,,, . Document filed by Irving H. Picard.(Sheehan, David)
June 5, 2014 Opinion or Order Filing 543 MEMO ENDORSEMENT granting #527 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED ***Attorney David Elbaum terminated. (Signed by Judge Jed S. Rakoff on 6/3/2014) (kgo)
June 5, 2014 Opinion or Order Filing 542 ORDER FOR ADMISSION PRO HAC VICE granting #536 Motion for Stephen P. Safranski to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 6/3/2014) (kgo)
June 3, 2014 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 6/3/2014. (Kotowski, Linda)
May 27, 2014 Opinion or Order Filing 541 ORDER FOR ADMISSION PRO HAC VICE granting #532 Motion for Thomas F. Berndt to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 5/26/2014) (kgo)
May 27, 2014 Opinion or Order Filing 540 ORDER FOR ADMISSION PRO HAC VICE granting #534 Motion for Damien A. Riehl to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 5/26/2014) (kgo)
May 21, 2014 Filing 539 NOTICE OF CHANGE OF ADDRESS by Kizzy Lyn Jarashow on behalf of Jeffrey Hinte. New Address: Goodwin Procter LLP, The New York Times Building, 620 Eighth Avenue, New York, NY, USA 10018, 212-459-7341. (Jarashow, Kizzy)
May 20, 2014 Filing 538 NOTICE OF CHANGE OF ADDRESS by Gregory Warren Fox on behalf of 10 Michael Drive Associates, L.P., 125 Bethpage Associates, 45 South Service Road, LLC, 500 Bi-County Associates, L.P., ARC-BDG Setauket Enterprise, B-4 Partnership, BCC II, LLC, BDG 115 Broadhollow, L.P., BDG 125th Street, LLC, BDG Commack, LLC, BDG Construction Corp., BDG DWD Associates, LLC, BDG Daniel Street, LLC, BDG Deer Park Associates, LLC, BDG Kingsbridge, LLC, BDG Lake Grove I, LLC, BDG Larkfield Associates, LLC, BDG Piscataway, LLC, BDG Yaphank, LLC, BWI, Blumco Setauket, LLC, Blumenfeld Development Group, Ltd., Boxwood Realty Group, Brad Blumenfeld Charitable Lead Trust, Brad Blumenfeld Farmingdale Trust, Brad Blumenfeld, individually, and as Trustee, Bull Market Fund, Charleston Enterprises, LLC, Coblum Setauket, LLC, DWD Associates, LLC, David Blumenfeld Farmingdale Trust, David Blumenfeld, individually, and as Trustee, Dogwood Realty Group, Double B Squared LLC, EDB Capital, LLC, Edward Blumenfeld Gerald Y Mordfin et al, Edward Blumenfeld and Susan Blumenfeld, Edward Blumenfeld and Susan Blumenfeld 2007 Charitable Lead Trust, Edward Blumenfeld et al, Edward Blumenfeld et al II, Edward Blumenfeld, individually, and as Trustee, Edward and Susan Blumenfeld Charitable Lead Trust, Gotham Plaza Associates, LLC, Harvey Cohen, individually, and as Trustee, Jeffrey Hinte, LaGuardia Corporate Center Associates, L.P., LaGuardia Corporate Center Associates, LLC, Maxrob, L.P., Robert Nystrom, South Sea Holdings L.P., Susan Blumenfeld GST Trust, Susan Blumenfeld Interiors, Ltd., Susan Blumenfeld, individually, and as Trustee, The Brad Blumenfeld Family Foundation, The David Blumenfeld Family Trust, The Edward and Susan Blumenfeld Foundation, Trust f/b/o Brad Blumenfeld, Trust f/b/o David Blumenfeld, Trust f/b/o Susan Blumenfeld. New Address: Goodwin Procter LLP, The New York Times Building, 620 Eighth Avenue, New York, NY, USA 10018, (212) 459-7348. (Fox, Gregory)
May 19, 2014 Filing 537 AFFIDAVIT OF SERVICE of Corrected Motion to Admit Stephen P. Safranski Pro Hac Vice served on Michael Richard Dal Lago on May 19, 2014. Document filed by Hess Kline Rev. Trust, et al., Metro Motor Imports, Inc., et al, Miles & Shirley Fiterman Charitable Foundation, et al., Miles Q. Fiterman Revocable Trust, et al.. (Safranski, Stephen)
May 19, 2014 Filing 536 AMENDED MOTION for Stephen P. Safranski to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hess Kline Rev. Trust, et al., Metro Motor Imports, Inc., et al, Miles & Shirley Fiterman Charitable Foundation, et al., Miles Q. Fiterman Revocable Trust, et al.. (Attachments: #1 Text of Proposed Order, #2 Exhibit Certificate of Good Standing)(Berndt, Thomas)
May 19, 2014 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #536 AMENDED MOTION for Stephen P. Safranski to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
May 16, 2014 Filing 535 AFFIDAVIT OF SERVICE of Motion for Admission Pro Hac Vice for Damien A. Riehl served on Michael Richard Dal Lago on May 16, 2014. Document filed by Hess Kline Rev. Trust, et al., Metro Motor Imports, Inc., et al, Miles & Shirley Fiterman Charitable Foundation, et al., Miles Q. Fiterman Revocable Trust, et al.. (Riehl, Damien)
May 16, 2014 Filing 534 MOTION for Damien A. Riehl to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9684186. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hess Kline Rev. Trust, et al., Metro Motor Imports, Inc., et al, Miles & Shirley Fiterman Charitable Foundation, et al., Miles Q. Fiterman Revocable Trust, et al.. (Attachments: #1 Text of Proposed Order, #2 Exhibit Certificate of Good Standing)(Riehl, Damien)
May 16, 2014 Filing 533 AFFIDAVIT OF SERVICE of Motion for Admission Pro Hac Vice for Thomas B. Berndt served on Michael Richard Dal Lago on May 16, 2014. Document filed by Hess Kline Rev. Trust, et al., Metro Motor Imports, Inc., et al, Miles & Shirley Fiterman Charitable Foundation, et al., Miles Q. Fiterman Revocable Trust, et al.. (Berndt, Thomas)
May 16, 2014 Filing 532 MOTION for Thomas F. Berndt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9682885. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hess Kline Rev. Trust, et al., Metro Motor Imports, Inc., et al, Miles & Shirley Fiterman Charitable Foundation, et al., Miles Q. Fiterman Revocable Trust, et al.. (Attachments: #1 Text of Proposed Order, #2 Exhibit Certificate of Good Standing)(Berndt, Thomas)
May 16, 2014 Filing 531 AFFIDAVIT OF SERVICE of Motion for Admission Pro Hac Vice for Stephen P. Safranski served on Michael Richard Dal Lago on May 16, 2014. Document filed by Hess Kline Rev. Trust, et al., Metro Motor Imports, Inc., et al, Miles & Shirley Fiterman Charitable Foundation, et al., Miles Q. Fiterman Revocable Trust, et al.. (Safranski, Stephen)
May 16, 2014 Filing 530 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Stephen P. Safranski to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9682119. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hess Kline Rev. Trust, et al., Metro Motor Imports, Inc., et al, Miles & Shirley Fiterman Charitable Foundation, et al., Miles Q. Fiterman Revocable Trust, et al.. (Attachments: #1 Text of Proposed Order)(Safranski, Stephen) Modified on 5/16/2014 (wb).
May 16, 2014 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #530 MOTION for Stephen P. Safranski to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9682119. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Certificate of Good Standing. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (wb)
May 16, 2014 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #534 MOTION for Damien A. Riehl to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9684186. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
May 16, 2014 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #532 MOTION for Thomas F. Berndt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9682885. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
May 15, 2014 Filing 529 AFFIDAVIT OF SERVICE of Notice of Appearance of Harold David Jones served on Robert Blum, Michael Richard Dal Lago on May 15, 2014. Service was made by Mail. Document filed by Hess Kline Rev. Trust, et al., Metro Motor Imports, Inc., et al, Miles & Shirley Fiterman Charitable Foundation, et al., Miles Q. Fiterman Revocable Trust, et al.. (Jones, Harold)
May 15, 2014 Filing 528 NOTICE OF APPEARANCE by Harold David Jones on behalf of Hess Kline Rev. Trust, et al., Metro Motor Imports, Inc., et al, Miles & Shirley Fiterman Charitable Foundation, et al., Miles Q. Fiterman Revocable Trust, et al.. (Jones, Harold)
May 12, 2014 Filing 527 MOTION for David Elbaum to Withdraw as Attorney . Document filed by Kathryn R. Siggins.(Elbaum, David)
May 12, 2014 Filing 526 NOTICE OF APPEARANCE by Theresa Marie Trzaskoma on behalf of Kathryn R. Siggins. (Trzaskoma, Theresa)
May 12, 2014 Opinion or Order Filing 525 ENDORSED LETTER addressed to Judge Jed S. Rakoff from Jason A. Kolbe dated 5/7/2014 re: In light of the foregoing shown herein, I respectfully request that the Court relieve the undersigned as counsel for ABN AMRO Ireland, and that the official court docket be amended to reflect this change. ENDORSEMENT: SO ORDERED (Signed by Judge Jed S. Rakoff on 5/9/2014) (kgo)
May 9, 2014 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 5/9/2014. (Kotowski, Linda)
April 28, 2014 Opinion or Order Filing 524 OPINION AND ORDER #104291: 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) Modified on 5/5/2014 (ca).
April 3, 2014 Opinion or Order Filing 523 ORDER: By Order dated September 27, 2012, the Court partially withdrew the reference of this case to the Bankruptcy Court so that it could address the so-called "China Trade issue," but by Order dated March 14, 2013, the Court deferred briefing of that issue until the Bankruptcy Court had an opportunity to determine the threshold issue of personal jurisdiction, reference of which had not been withdrawn. See Memorandum Order, No. 12 Civ. 5597, ECF No. 22, (S.D.N.Y. Aug. 1, 2013). On March 27, 2014, the Bankruptcy Court so ordered a stipulation of voluntary dismissal with prejudice. See Stipulation and Order of Dismissal of Adversary Proceeding, Adv. Pro. No. 12-01563, ECF No. 53 (Bankr. S.D.N.Y. Mar. 27, 2014). Accordingly, the matter as to which the Court withdrew the reference is now moot, and the Clerk of Court is directed to close case number 12 Civ. 5597. (Signed by Judge Jed S. Rakoff on 4/2/2014) (mro)
April 1, 2014 Opinion or Order Filing 522 MEMO ENDORSEMENT on MOTION TO WITHDRAW APPEARANCE. ENDORSEMENT: So ordered. (Signed by Judge Jed S. Rakoff on 4/1/2014) (mro)
March 26, 2014 Filing 521 NOTICE OF APPEARANCE by David Yury Livshiz on behalf of Tensyr Limited. (Livshiz, David)
February 18, 2014 Opinion or Order Filing 520 MEMORANDUM ORDER: The motion to withdraw the reference is hereby denied as untimely. The Clerk of the Court is hereby directed to close the case No. 13 Civ. 9108. (Signed by Judge Jed S. Rakoff on 2/17/2014) (ft)
January 14, 2014 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 1/14/2014. (Kotowski, Linda)
January 14, 2014 Opinion or Order Filing 519 MEMORANDUM ORDER: This Court is not of the opinion that there is a substantial ground for difference of opinion as to the holding of the Opinion and Order, substantially for the reasons stated in the Trustee's memorandum of law in opposition to the motion. Neither is this Court of the opinion that an interlocutory appeal would materially advance the litigation's termination. On the contrary, certification in this instance is likely to result in the kind of piecemeal, interminable litigation that is the bane of those jurisdictions that foolishly lack a final judgment rule. Accordingly, the motion is denied. (Signed by Judge Jed S. Rakoff on 1/14/2014) (ft)
January 14, 2014 Opinion or Order Filing 518 ORDER: The Court hereby directs that the Clerk of Court remove the 550(a) Decision docket entry in all cases listed in the schedule appended to this Order, which are certain cases that were not designated as having been added to the "section 550(a)" consolidated briefing and whose Defendants have requested that the 550(a) Decision be removed from their respective docket. (Signed by Judge Jed S. Rakoff on 1/13/2014) (ft)
January 13, 2014 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 1/13/2014. (Kotowski, Linda)
January 6, 2014 Opinion or Order Filing 517 ORDER denying [1 in 13cv8994] Motion to Withdraw Bankruptcy Reference. Accordingly the Court hereby denies defendants' motion to withdraw the reference without prejudice to its being reasserted if the Bankruptcy Court resolves the personal jurisdiction issue in favor of exercising jurisdiction. The Clerk of the Court is hereby ordered to close item number 1 on the docket of 13 Civ. 8994. (Signed by Judge Jed S. Rakoff on 1/3/2014) (tro)
December 26, 2013 Opinion or Order Filing 516 OPINION AND ORDER: #103846 Accordingly, the immediate question becomes whether, on the faces of the complaints here at issue, the initial transfers from Madoff Securities that the Trustee here seeks to recover, i.e., the redemption payments and the collateral payments, were related to the swap agreements between the third-party synthetic funds and the defendants here.With respect to the redemption payments, the Trustee, as noted, seeks to recover from defendants transfers they received from the reference funds invested with Madoff Securities as redemptions of the defendants' shares in those funds. The defendants had invested in those funds as a hedge against their obligations under the relevant swap agreements, and they sought redemptions of their investments when their swap counter parties, the synthetic funds,requested a reduction in the collateral underlying the swaps.Specifically, the Trustee seeks to recover $30 million in redemption payments from AA Ireland; nearly $76 million in redemption payments from ABN/RBS; and $130 in redemption payments from Citigroup. That these payments were made "in connection with/f the defendants swap agreements, in the sense of being related to those agreements, is a relatively straightforward proposition. It is clear from the faces of the complaints that the only inference one may reasonably draw from the allegations made is that the withdrawals by Madoff Securities customers were caused by the defendants, requests for redemptions. Although, it is true, the complaints attempt to portray the decision to request a redemption as a business judgment independent of the defendants, obligations under the swap agreement/see, e.g. , AC(6877) - 75, the underlying swap agreements contemplated that the defendants would invest in the reference funds to perfectly hedge against their obligations under the swap agreements, see Swap Agreement- 10(c). See also Compl. (7825} - 11("In connection with swaps, even though it is not required to do so, to hedge its exposure to pay the return to the other party. All other provisions as further set forth in this order (Signed by Judge Jed S. Rakoff on 12/26/2013) (js) Modified on 12/26/2013 (js). Modified on 12/27/2013 (ca).
December 23, 2013 Opinion or Order Filing 515 MEMO ENDORSEMENT granting #513 Motion to Withdraw as Attorney. Attorney Adam B. Oppenheim terminated. ENDORSEMENT: SO ORDERED. (Signed by Judge Jed S. Rakoff on 12/23/2013) (tn)
December 20, 2013 Filing 514 REPLY MEMORANDUM OF LAW in Support re: #500 MOTION to Amend/Correct October 29, 2013 Order Regarding 11 U.S.C. 550(a) Issue 2 to Add Certification for Interlocutory Appeal Pursuant to 28 U.S.C. 1292(b).. Document filed by Subsequent Transferee Defendants. (Lacy, Robinson)
December 17, 2013 Filing 513 MOTION for Adam B. Oppenheim to Withdraw as Attorney for Irving H. Picard. Document filed by Irving H. Picard.Filed In Associated Cases: 1:12-mc-00115-JSR, 1:12-cv-03489-JSR(Oppenheim, Adam)
December 10, 2013 Filing 512 AFFIDAVIT OF SERVICE of Trustee's Memorandum of Law in Opposition to Issue 2 Subsequent Transferee Defendant's Motion to Amend October 29, 2013 Opinion and Order Regarding 550(a) Issues to Add 28 U.S.C. 1292 (b) Certification for Interlocutory Appeal on 12/10/2013. Document filed by Irving H. Picard. (Griffin, Regina)
December 10, 2013 Filing 511 MEMORANDUM OF LAW in Opposition re: #500 MOTION to Amend/Correct October 29, 2013 Order Regarding 11 U.S.C. 550(a) Issue 2 to Add Certification for Interlocutory Appeal Pursuant to 28 U.S.C. 1292(b).. Document filed by Irving H. Picard. (Griffin, Regina)
December 10, 2013 Filing 510 MEMORANDUM OF LAW in Opposition re: #500 MOTION to Amend/Correct October 29, 2013 Order Regarding 11 U.S.C. 550(a) Issue 2 to Add Certification for Interlocutory Appeal Pursuant to 28 U.S.C. 1292(b).. Document filed by Securities Investor Protection Corporation. (Attachments: #1 Affidavit of Service)(Bell, Kevin)
December 6, 2013 Opinion or Order Filing 509 OPINION AND ORDER re: #103829(1 in 1:12-cv-03489-JSR) MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 11-2568A, 08-1789 (BRL), filed by Cathay Life Insurance Co. LTD. In sum, the Court finds that the Trustee has standing to bring claims on behalf of Madoff Securities' customers to the extent, but only to the extent, that the customers validly assigned their claims to the Trustee. However, the Court also finds that the Trustee's pursuit of these assigned claims, to the extent that he brings the claims of more than fifty assignors, constitutes a covered class action for purposes of SLUSA. Whether SLUSA applies to bar these claims because the Trustee alleges "a misrepresentation or omission of a material fact in connection with the purchase or sale of a covered security," 15 U.S.C. 78bb(f)(1)(A), in a given action is a matter to be determined by the Bankruptcy Court upon remand. Finally, the Trustee's common law claims against Stephanie Mack and Deborah Madoff are dismissed for lack of standing under the doctrine of in pari delicto. Except to the extent provided in other orders, the Court directs that the adversary proceedings listed in Exhibit A of item number 114 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 12/5/2013) Filed In Associated Cases: 1:12-mc-00115-JSR, 1:12-cv-03489-JSR(ja) Modified on 12/19/2013 (ca).
December 6, 2013 Opinion or Order Filing 508 MEMORANDUM ORDER denying #500 Motion to Amend/Correct #500 MOTION to Amend/Correct October 29, 2013 Order Regarding 11 U.S.C. 550(a) Issue 2 to Add Certification for Interlocutory Appeal Pursuant to 28 U.S.C. 1292(b). On October 15, 2013, this Court issued an Opinion and Order regarding antecedent-debt issues, denying the motions to dismiss brought by the "antecedent debt defendants." See Opinion and Order, 12 Misc. 115, ECF No. 489 (S.D.N.Y. Oct. 15, 2013). These defendants then filed a motion to amend that Opinion and Order to include a certification under 28 U.S.C. 1292(b), which would permit interlocutory appeal pursuant to Federal Rule of Appellate Procedure 5(a)(3).... Having carefully considered all the parties' submissions, the court hereby denies the motion... This Court is not of the opinion that there is a substantial ground for difference of opinion as to the holding of the Opinion and Order, substantially for the reasons stated in the Trustee's memorandum of law in opposition to the motion. Neither is this Court of the opinion that an interlocutory appeal would materially advance the litigation's termination. On the contrary, certification in this instance is likely to result in the kind of piecemeal, interminable litigation that is the bane of those jurisdictions that foolishly lack a final judgment rule. Accordingly, the motion is denied. SO ORDERED. (See Order). (Signed by Judge Jed S. Rakoff on 12/5/2013) (ja)
November 26, 2013 Filing 507 CERTIFICATE OF SERVICE of Antecedent Debt Defendants Reply Memorandum In Support of Motion To Amend Order Regarding Antecedent Debt Issues to Add 28 U.S.C. 1292(b) Certification for Interlocutory Appeal on November 26, 2013. Service was accepted by Parties who Receive Service through ECF. Document filed by Antecedent Debt Defendants Listed in Appendix A of the Court's May 12, 2012 Order. (Kirby, Richard)
November 26, 2013 Filing 506 MEMORANDUM OF LAW in Support re: #490 MOTION to Amend October 15, 2013 Opinion and Order Regarding Antecedent Debt Issues to Add 28 U.S.C. Section 1292(b) Certification for Interlocutory Appeal. MOTION to Amend October 15, 2013 Opinion and Order Regarding Antecedent Debt Issues to Add 28 U.S.C. Section 1292(b) Certification for Interlocutory Appeal.. Document filed by Antecedent Debt Defendants Listed in Appendix A of the Court's May 12, 2012 Order. (Kirby, Richard)
November 19, 2013 Filing 505 DECLARATION of Oren J. Warshavsky in Opposition re: #490 MOTION to Amend October 15, 2013 Opinion and Order Regarding Antecedent Debt Issues to Add 28 U.S.C. Section 1292(b) Certification for Interlocutory Appeal. MOTION to Amend October 15, 2013 Opinion and Order Regarding Antecedent Debt Issues to Add 28 U.S.C. Section 1292(b) Certification for Interlocutory Appeal.. Document filed by Irving H. Picard. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Affidavit Of Service)(Warshavsky, Oren)
November 19, 2013 Filing 504 MEMORANDUM OF LAW in Opposition re: #490 MOTION to Amend October 15, 2013 Opinion and Order Regarding Antecedent Debt Issues to Add 28 U.S.C. Section 1292(b) Certification for Interlocutory Appeal. MOTION to Amend October 15, 2013 Opinion and Order Regarding Antecedent Debt Issues to Add 28 U.S.C. Section 1292(b) Certification for Interlocutory Appeal.. Document filed by Irving H. Picard. (Attachments: #1 Affidavit of Service)(Warshavsky, Oren)
November 19, 2013 Filing 503 MEMORANDUM OF LAW in Opposition re: #490 MOTION to Amend October 15, 2013 Opinion and Order Regarding Antecedent Debt Issues to Add 28 U.S.C. Section 1292(b) Certification for Interlocutory Appeal. MOTION to Amend October 15, 2013 Opinion and Order Regarding Antecedent Debt Issues to Add 28 U.S.C. Section 1292(b) Certification for Interlocutory Appeal.. Document filed by Securities Investor Protection Corporation. (Attachments: #1 Affidavit of Service)(Bell, Kevin)
November 14, 2013 Filing 502 NOTICE OF CHANGE OF ADDRESS by Tammy Phyllis Bieber on behalf of Luc D. Estenne, Partners Advisers S.A., Square Asset Management Ltd., Square One Fund Ltd.. New Address: Thompson Hine LLP, 335 Madison Avenue, 12th Floor, New York, New York, USA 10017, (212) 344-5680. (Bieber, Tammy)
November 12, 2013 Filing 501 MEMORANDUM OF LAW in Support re: #500 MOTION to Amend/Correct October 29, 2013 Order Regarding 11 U.S.C. 550(a) Issue 2 to Add Certification for Interlocutory Appeal Pursuant to 28 U.S.C. 1292(b).. Document filed by Subsequent Transferee Defendants. (Lacy, Robinson)
November 12, 2013 Filing 500 MOTION to Amend/Correct October 29, 2013 Order Regarding 11 U.S.C. 550(a) Issue 2 to Add Certification for Interlocutory Appeal Pursuant to 28 U.S.C. 1292(b). Document filed by Subsequent Transferee Defendants.(Lacy, Robinson)
November 8, 2013 Filing 499 NOTICE OF APPEARANCE by Richard Walker Trotter on behalf of Luc D. Estenne, Partners Advisers S.A., Square Asset Management Ltd., Square One Fund Ltd.. (Trotter, Richard)
November 5, 2013 Filing 498 NOTICE OF APPEARANCE by Brian Alexander de Haan on behalf of ABN AMRO Bank N.V.(The Royal Bank of Scotland N.V.). (de Haan, Brian)
November 5, 2013 Filing 497 NOTICE OF APPEARANCE by Brian Alexander de Haan on behalf of ABN AMRO Bank N.V.(The Royal Bank of Scotland N.V.). (de Haan, Brian)
November 1, 2013 Filing 496 NOTICE of Withdrawal of Appearance of Bethany Kriss (relates to 11 CV 6878). Document filed by ABN AMRO Bank N.V.(The Royal Bank of Scotland N.V.). (Kriss, Bethany)
November 1, 2013 Filing 495 NOTICE of Withdrawal of Appearance of Bethany Kriss (relates to 12 CV 1939). Document filed by ABN AMRO Bank N.V.(The Royal Bank of Scotland N.V.). (Kriss, Bethany)
October 29, 2013 Opinion or Order Filing 494 OPINION AND ORDER: #103739 Accordingly, in its December 2012 Order, the Court denied the defendants' motions to dismiss to the extent they relied on the issues discussed herein. Except to the extent provided in other orders, 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 314 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 "section 550(a)" consolidated briefing. (Signed by Judge Jed S. Rakoff on 10/28/2013) (js) Modified on 11/7/2013 (ca).
October 29, 2013 Filing 493 MOTION for Joinder to Certain Antecedent Debt Defendants Motion to Amend October 15, 2013 Opinion and Order Regarding Antecedent Debt Issues to Add 28 U.S.C. Section 1292(b) Certification for Interlocutory Appeal. Document filed by The M & B Weiss Family Limited Partnership of 1996 c/o Melvyn I. Weiss.Filed In Associated Cases: 1:12-mc-00115-JSR, 1:12-cv-03489-JSR(Aminolroaya, Parvin)
October 29, 2013 Filing 492 CERTIFICATE OF SERVICE of Notice of Motion and Memorandum of Law in Support of Antecedent Debt Defendants' Motion to Amend October 15, 2013 Opinion and Order on 10/29/2013. Service was made by on Parties who Receive Service through ECF. Document filed by Antecedent Debt Defendants Listed in Appendix A of the Court's May 12, 2012 Order. (Kirby, Richard)
October 29, 2013 Filing 491 MEMORANDUM OF LAW in Support re: #490 MOTION to Amend October 15, 2013 Opinion and Order Regarding Antecedent Debt Issues to Add 28 U.S.C. Section 1292(b) Certification for Interlocutory Appeal. MOTION to Amend October 15, 2013 Opinion and Order Regarding Antecedent Debt Issues to Add 28 U.S.C. Section 1292(b) Certification for Interlocutory Appeal.. Document filed by Antecedent Debt Defendants Listed in Appendix A of the Court's May 12, 2012 Order. (Kirby, Richard)
October 29, 2013 Filing 490 MOTION to Amend October 15, 2013 Opinion and Order Regarding Antecedent Debt Issues to Add 28 U.S.C. Section 1292(b) Certification for Interlocutory Appeal. Document filed by Antecedent Debt Defendants Listed in Appendix A of the Court's May 12, 2012 Order.(Kirby, Richard)
October 15, 2013 Opinion or Order Filing 489 OPINION AND ORDER: 103694 the Court concludes that claims against the general Madoff Securities estate do not constitute "value" within the meaning of section 548(c) to the extent that they would be used to withhold fraudulent transfers owing to the customer property estate under SIPA. Furthermore, the Court finds that a straight netting method - subtracting total withdrawals from total deposits of principal is the appropriate way to calculate not only net equity but also a defendant's fraudulent-transfer liability; that is, the Court rejects defendants' assertion that deposits of principal in the reach-back period should be netted against withdrawals in the same period in calculating their fraudulent-transfer liability. Finally, the Court finds that pre reach-back-period inter-account transfers of amounts exceeding principal in the account of the sender continue to be fictitious profits, not principal, in the account of the recipient, and therefore do not constitute antecedent debt for the recipient of the funds. Accordingly, defendants' motion to dismiss on all of the above grounds is denied. Except to the extent provided in other orders, 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 107 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 "antecedent debt" consolidated briefing. (Signed by Judge Jed S. Rakoff on 10/15/2013) Filed In Associated Cases: 1:12-mc-00115-JSR, 1:12-cv-03489-JSR(rsh) Modified on 10/24/2013 (sdi).
October 8, 2013 Opinion or Order Filing 488 ORDER granting #483 APPLICATION OF ANDERSON KILL PC TO WITHDRAW AS COUNSEL TO DEFENDANTS ALPHA PRIME FUND LTD AND SENATOR FUND SPC: Upon the application (the "Application") of Anderson Kill P.C. ("AK"),counsel to Defendants Alpha Prime Fund, Ltd. and Senator Fund SpC for entry of an order authorizing AK to withdraw as counsel; and due and proper notice of the Application having been given; and it appearing that no other or further notice is required; and upon consideration of the Application and all pleadings related thereto;and no objection to the Application having been made, and sufficient cause having been shown therefore; it is hereby:ORDERED that the Application is GRANTED.. (Signed by Judge Jed S. Rakoff on 10/5/2013) (js) Modified on 10/8/2013 (js).
October 7, 2013 Filing 487 DECLARATION of Anthony L. Paccione in Support re: #486 Notice of Substitution of Attorney,. Document filed by Neil S. Goldman, Individually And In His Capacity As Executor Of The Estate Of Mayer Goldman. (Paccione, Anthony)
October 7, 2013 Filing 486 NOTICE of Substitution of Attorney. Old Attorney: Kramer Levin Naftalis & Frankel LLP, New Attorney: Anthony L. Paccione, Address: Katten Muchin Rosenman LLP, 575 Madison Avenue, New York, New York, USA 10022, 212-940-8800. Document filed by Neil S. Goldman, Individually And In His Capacity As Executor Of The Estate Of Mayer Goldman. (Paccione, Anthony)
October 2, 2013 Filing 485 DECLARATION of Dennis J. Nolan, Esq. in Support re: #483 MOTION for Anderson Kill P.C. to Withdraw as Attorney.. Document filed by Alpha Prime Fund Limited, Senator Fund SpA. (Nolan, Dennis)
October 2, 2013 Filing 484 MEMORANDUM OF LAW in Support re: #483 MOTION for Anderson Kill P.C. to Withdraw as Attorney.. Document filed by Alpha Prime Fund Limited, Senator Fund SpA. (Nolan, Dennis)
October 2, 2013 Filing 483 MOTION for Anderson Kill P.C. to Withdraw as Attorney. Document filed by Alpha Prime Fund Limited, Senator Fund SpA.Filed In Associated Cases: 1:12-mc-00115-JSR, 1:12-cv-03489-JSR(Nolan, Dennis)
September 17, 2013 Filing 482 AFFIDAVIT of Vladimir Pavlovic in Support. Document filed by Andrew Kostin, David Kostin, Susan Kostin, Kostin Company, Deborah Weinstein. (Pavlovic, Vladimir)
September 17, 2013 Filing 481 NOTICE of withdrawal of appearance. Document filed by Andrew Kostin, David Kostin, Susan Kostin, Kostin Company, Deborah Weinstein. (Pavlovic, Vladimir)
September 12, 2013 Filing 480 NOTICE OF CHANGE OF ADDRESS by Todd E. Duffy on behalf of Alpha Prime Fund Limited, Senator Fund SpA. New Address: DuffyAmedeo LLP, 275 Seventh Avenue, 7th Floor, New York, NY, USA 10001, (212) 729-5832. (Duffy, Todd)
September 12, 2013 Filing 479 NOTICE OF APPEARANCE by Vladimir Pavlovic on behalf of Andrew Kostin, David Kostin, Susan Kostin, Kostin Company, Deborah Weinstein. (Pavlovic, Vladimir)
September 10, 2013 Opinion or Order Filing 478 ORDER granting #368 Motion for Bryan Krakauer to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 9/10/2013) (tn)
August 2, 2013 Opinion or Order Filing 477 MEMORANDUM ORDER: Having found that mandatory withdrawal of the reference is required only as to the question of the application of the China Trade analysis to the Trustee's request for a foreign anti-suit injunction, the Court, in its Order of September 27, 2012, withdrew the reference as to that issue alone. 3 See 28 U.S.C. 157(d)(allowing for withdrawal of cases "in whole or in part"). However,as noted in the Court's Order, briefing on the China Trade issue is deferred pending adjudication of the question of personal jurisdiction in the Bankruptcy Court. Thus, the parties are directed to jointly call Chambers within 48 hours of the Bankruptcy Court's determination on this issue to inform the Court of the Bankruptcy Court's decision and, if needed, to schedule further proceedings in this Court. (Signed by Judge Jed S. Rakoff on 8/1/2013) (js) Modified on 8/2/2013 (js).
July 10, 2013 Filing 476 NOTICE OF CHANGE OF ADDRESS by Todd E. Duffy on behalf of Alpha Prime Fund Limited, Senator Fund SpA. New Address: Duffy Amedeo LLP, 275 Seventh Avenue, 7th Fl., New York, NY, USA 10001, 917-396-4109. (Duffy, Todd)
July 3, 2013 Opinion or Order Filing 475 CONSENT ORDER: On consent of (i) the defendants listed herein and on Exhibit A hereto (collectively, the"Defendants"), (ii) Irving H. Picard, as Trustee (the "Trustee") for the substantively consolidated liquidation proceedings of Bernard L. Madoff Investment Securities LLC under the Securities Investor Protection Act, and (iii) the Securities Investor Protection Corporation ("SIPC",together with the Defendants and the Trustee, the "Parties"), the Parties agree as follows: l. In Picard v. Sonja Kahn, et al. No. 12-cv-02639 (JSR) (the "Kohn Action"),Defendants Starvest Anstalt and Lifetrust AG (hereinafter "Defendants Starvest and Lifetrust")were excluded from Exhibit A to the Order dated April 13, 2012, No. 12 MC 115 (S.D.N.Y .April 13, 2012) (ECF No.4) (the "Stern Order"); Exhibit A to the Order dated May 15, 2012, No. 12 MC 115 (S.D.N.Y. May 16, 2012) (ECF No. 119) (the "Section 546(e) Order"); Exhibit A to the Order dated June 6, 2012, No. 12 MC 115 (S.D.N.Y. June 7, 2012) (ECF No. 167) (the"Extraterritoriality Order"); Exhibit A to the Order dated June 23, 2012, No. 12 MC 115 (S.D.N.Y. June 25, 2012) (ECF No. 197) (the "Good Faith Order"); Opinion and Order dated January 4, 2013, No. 12 MC 115 (S.D.N.Y. January 4, 2013) (ECF No. 427) (the "Stern Opinion"); Opinion and Order dated April l5, 2013, No. 12 MC 115 (S.D.N.Y. April 15, 2013)(ECF No. 460) (the "Section 546(e) Opinion"), because the Trustee served the Summons and Complaint on Defendants Starvest and Lifetrust in the Kohn Action after the April 2, 2012 deadline for filing Motions to Withdraw the Reference to the Bankruptcy Court established pursuant to the Administrative Order Establishing Deadline for Filing Motions to Withdraw the Reference, Adv. Pro. No. 08-01789 (BRL) (Bank. S.D.N.Y. Mar. 5, 2012) (ECF No. 4707) (the "Withdrawal Motion Deadline"), and the relevant Motion filed by Defendants Starvest and Lifetrust in the Kohn Action was filed on June 13, 2013. The Trustee, SIPC and Defendants Starvest and Lifetrust hereby agree that the Stern Order as entered shall apply to Defendants Starvest and Lifetrust in the Kohn Action nunc pro tunc to April 13, 2012; the Section 546(e)Order as entered shall apply to Defendants Starvest and Lifetrust in the Kohn Action nunc pro tunc to May 16, 2012; the Extraterritoriality Order as entered shall apply to Defendants Starvestand Lifetrust in the Kohn Action nunc pro tunc to June 7, 2012; the Good Faith Order as entered shall apply to Defendants Starvest and Lifetrust in the Kohn Action nunc pro tunc to June 25, 2012; the Stern Opinion as entered shall apply to Defendants Starvest and Lifetrust in the Kohn Action nunc pro tunc to January 4, 2013; and the Section 546(e) Opinion as entered shall apply to Defendants Starvest and Lifetrust in the Kohn Action nunc pro tunc to April 15, 2013.Defendants Starvest and Lifetrust in the Kohn Action will be covered by the Stern Order, Section 546(e) Order, Extraterritoriality Order, Good Faith Order, Stern Opinion, and Section 546(e)Opinion in all respects. 2. In Picard v. Union Securities Investment Trust Co., Ltd., et al., No. 13-cv-04429(JSR) (the "Union Sec. Action"), Defendants Union Securities Investment Trust Co., Ltd., Union USD Global Arbitrage Fund, Union USD Global Arbitrage A Fund, and Union Arbitrage Strategy Fund (collectively, the "Union Securities Defendants"), were excluded from Exhibit A to the Order dated May 12, 2012, No. 12 MC 115 (S.D.N.Y. May 16, 2012) (ECF No. 107) (the "Antecedent Debt Order"); Exhibit A to the Stern Order; Exhibit A to the Section 546(e) Order; Exhibit A to the Extraterritoriality Order; Exhibit A to the Good Faith Order; Stern Opinion; and Section 546(e) Opinion, because the Trustee served the Summons and Complaint on the Union Securities Defendants in the Union Sec. Action after the Withdrawal Motion Deadline, and the relevant Motion filed by the Union Securities Defendants in the Union Sec. Action was filed on June 25, 2013. The Trustee, SIPC and the Union Securities Defendants in the Union Sec. Action hereby agree that the Antecedent Debt Order as entered shall apply to the Union Securities Defendants in the Union Sec. Action nunc pro tunc to May 16, 2012; the Stern Order as entered shall apply to the Union Securities Defendants in the Union Sec. Action nunc pro tunc to April 13, 2012; the Section 546( e) Order as entered shall apply to the Union Securities Defendants in the Union Sec. Action nunc pro tunc to May 16, 2012; the Extraterritoriality Order as entered shall apply to the Union Securities Defendants in the Union Sec. Action nunc pro tunc to June 7, 2012; the Good Faith Order as entered shall apply to the Union Securities Defendants in the Union Sec. Action nunc pro tunc to June 25, 2012; the Stern Opinion as entered shall apply to the Union Securities Defendants in the Union Sec. Action nunc pro tunc to January 4, 2013; and the Section 546(e) Opinion as entered shall apply to the Union Securities Defendants in the Union Sec. Action nunc pro tunc to April 15, 2013. The Union Securities Defendants in the Union Sec. Action will be covered by the Antecedent Debt Order, Stern Order, Section 546(e)Order, Extraterritoriality Order, Good Faith Order, Stern Opinion, and Section 546(e) Opinion in all respects. (Signed by Judge Jed S. Rakoff on 6/29/2013) (js)
June 27, 2013 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 6/27/2013. (Kotowski, Linda)
June 25, 2013 Filing 474 NOTICE of Withdrawal of Stephanie R. Feld as Counsel. Document filed by Pioneer Alternative Investment Management Ltd., Pioneer Global Asset Management S.p.A., UniCredit S.p.A.. (Feld, Stephanie)
June 7, 2013 Opinion or Order Filing 473 ORDER: Accordingly, the clerk is hereby directed to docket the below-listed orders and/or decisions issued by the Court in connection with the consolidated proceedings as described below. The following orders shall be docketed in cases with respect to which "Stern v. Marshall"is listed in the final column of the schedules included as Exhibit B hereto: Order, No. 12 MC 115, ECF No. 4 (S.D.N.Y. Apr. 13, 2012); and Opinion and Order, No. 12 MC 115, ECF No. 427 (S.D.N.Y. Jan. 4, 2013). The following orders shall be docketed in cases with respect to which "Section 546( e)" is listed in the final column of the schedules included as Exhibit B hereto: Order, No. 12 MC 115, ECF No. 119 (S.D.N.Y. May 16, 2012); Order, No. 12 MC 115, ECF No. 439 (S.D.N.Y. Feb. 13, 2013); and Opinion and Order, No. 12 MC 115, ECF No. 460 (S.D.N.Y. Apr. 15, 2013).The following order shall be docketed in cases with respect to which "Extraterritoriality"is listed in the final column of the schedules included as Exhibit B hereto: Order Regarding Extraterritoriality Issues, No. 12 MC 115, ECF No. 167(S.D.N.Y. June 7, 2012). The following order shall be docketed in cases with respect to which "Good Faith" is listed in the final column of the schedules included as Exhibit B hereto: Order Regarding the "Good Faith" Standard, No. 12 MC 115, ECF No. 197(S.D.N.Y. June 25, 2012).The following orders shall be docketed in cases with respect to which "Section 550(a)" is listed in the final column of the schedules included as Exhibit B hereto: Order Regarding 11 U.S.C. 550(a), No. 12 MC 115, ECF No. 314 (S.D.N.Y. Aug. 22, 2012); and Order Regarding 11 U.S.C. 550(a), No. 12 MC 115, ECF No. 422 (S.D.N.Y.Dec. 12, 2012). The following orders shall be docketed in cases with respect to which "Section 502(d)" is listed in the final column of the schedules included as Exhibit B hereto: Order Regarding 11 U.S.C. 502(d), No. 12 MC 115, ECF No. 155 (S.D.N.Y. June 1, 2012); and Order Regarding 11 U.S.C. 502(d), No. 12 MC 115, ECF No. 435 (S.D.N.Y. Feb. 13, 2013). The following order shall be docketed in cases with respect to which "[Standing andSLUSA]"is listed in the final column of the schedules included as Exhibit B hereto: Order Regarding Standing and SLUSA Issues, No. 12 MC 115, ECF No. 114(S.D.N.Y. May 18, 2012). The following order shall be docketed in cases with respect to which "Antecedent Debt"is listed in the final column of the schedules included as Exhibit B hereto: Order Regarding Antecedent Debt Issues, No. 12 MC 115, ECF No. 107 (S.D.N.Y. May 16, 2012). (Signed by Judge Jed S. Rakoff on 6/5/2013) (js) Modified on 6/11/2013 (js).
May 17, 2013 Filing 472 NOTICE of Appearance on behalf of Ralph Dawson as Receiver for Defendant Ascot Partners, L.P. re: #469 Notice (Other). Document filed by Ascot Partners L.P.. (Vibbert, Jami)
May 17, 2013 Filing 471 NOTICE of Appearance on behalf of Ralph C. Dawson as Receiver for Defendant Ascot Partners, L.P. re: #469 Notice (Other). Document filed by Ascot Partners L.P.. (Barrack, David)
May 17, 2013 Filing 470 NOTICE of Appearance on behalf of Ralph Dawson a Receiver for Defendant Ascot Partners, L.P.. Document filed by Ascot Partners L.P.. (Archer, Judith)
May 17, 2013 Filing 469 NOTICE of Appointment of Ralph C. Dawson to replace David Pitofsky as Receiver for Defendant Ascot Partners, L.P.. Document filed by Ascot Partners L.P.. (Vibbert, Jami)
May 13, 2013 Opinion or Order Filing 468 ORDER: Accordingly, when future the Court issues future orders in any of the consolidated proceedings, the Court hereby directs the Clerk of the Court to docket the orders: (1) on the docket of 12-MC-115; (2) on the docket of the cases listed in the original schedule appended to the relevant consolidation order; and (3) on the docket of cases listed in the schedule appended to this order, to the extent that a given case was added to the relevant consolidated proceeding (as reflected in the final column for each case). (Signed by Judge Jed S. Rakoff on 5/11/2013) (js)
May 7, 2013 Opinion or Order Filing 467 MEMORANDUM: Having found that mandatory withdrawal of the reference was required as to all of these issues, the Court, in its bottom-line Order, withdrew the reference as to the entire action. See 11 U.S.C. 157 (d) (allowing for withdrawal of cases "in whole or in part"). Last, the Court notes one other factor that was appropriately considered in the decision to withdraw the reference, namely, the broad issues of federalism and comity raised by the Trustee's attempt to void the culmination of a long-running, highly public suit by a state law enforcement agency. Novel issues of that nature,it may be suggested, should first be heard and decided by an Article III court. Thus, the Court would have been well within its rights to withdraw the reference sua sponte had the defendants not so moved.See 11 U.S.C. 157(d}. (Signed by Judge Jed S. Rakoff on 5/6/2013) (js)
May 6, 2013 Opinion or Order Filing 466 STIPULATION AND ORDER: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN THE PARTIES: 1. This stipulation is without prejudice to any Party's positions concerning the propriety or need for interim relief pending any appeals, or of the propriety or merit of the Appeal, and is made in the interest of avoiding unnecessary motion practice. 2. The Parties consent to a stay (the "Stay"), through and including December 31, 2013, of any action by the Defendants to transfer or distribute any of the Settlement Amount except for (a) the transfers contemplated by Sections V. B., C., D. and F.1, of the Settlement Agreement, not to exceed $15 million in the aggregate, and(b) the transfers contemplated by Sections II(E) and VI(A) of the Settlement Agreement;however, if oral argument before the Court of Appeals has occurred by December 31, 2013, the Parties agree that the Stay shall remain in place until seven days after such time as the Court of Appeals issues its decision on the Appeal. 3. Notwithstanding anything else in this Stipulation, the Parties agree that during the pendency of the Stay, the Defendants may continue with the steps required to close and implement the Settlement, as set forth in Sections II, III, IV, and V of the Settlement Agreement. However, with respect to the provisions in Sections II(E) and VI(A) of the Settlement Agreement for the transfers between Lauren Merkin and Ezra Merkin, the Parties agree that during the pendency of the Stay, such transfers shall be without prejudice to the Trustee's rights, if any, to attempt to seek to recover the transferred assets in connection with the Avoidance Action or pursuant to 550(a) of the Bankruptcy Code. The Parties further agree that any such actions shall not prejudice the Trustee and SIPC with respect to the Appeal, and shall not be used by the NYAG, the Receivers and/or the Merkin Defendants as a basis for arguing that the Order should be affirmed or by the Trustee to argue that the Order should be reversed. all other provisions as further set forth in this order. (Signed by Judge Jed S. Rakoff on 4/30/2013) (js) Modified on 5/6/2013 (js).
May 2, 2013 Opinion or Order Filing 465 ORDER FOR ADMISSION PRO HAC VICE granting #463 Motion for Drew M. Dillworth to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 5/1/2013) (rsh)
May 2, 2013 Opinion or Order Filing 464 MEMORANDUM ORDER: Accordingly, the Courtdenies the motion to withdraw the reference as to this remaining issue for the reasons stated in the Connecticut General Memorandum Order. The Clerk of the Court is directed to close item number oneon the docket of 12-CV-2434 (Signed by Judge Jed S. Rakoff on 5/2/2013) (js)
April 30, 2013 Filing 463 MOTION for Drew M. Dillworth to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8464736. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Isaac Jimmy Mayer. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)(Dillworth, Drew)
April 30, 2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #463 MOTION for Drew M. Dillworth to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8464736. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
April 18, 2013 Filing 462 CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion and Order dated April 15, 2013, Final judgment is hereby entered; the complaint is dismissed with prejudice and item 1 on the docket of 12 civ. 6733 is closed. (Signed by Clerk of Court Ruby Krajick on 4/18/13) (Attachments: #1 Notice of Right to Appeal)(dt)
April 15, 2013 Opinion or Order Filing 461 OPINION AND ORDER: #103117 Accordingly, because the Court finds that the Trustee's claim to any relief under the automatic stay is barred by the doctrine of laches, and, independently, because the Court also finds that the Trustee's claims have no basis in law, the Court not only denies this motion for a preliminary injunction, but also, sua sponte dismisses the entire stay action, Cf. Matthews, 739 F.2d at 251 (finding that even a violation of the automatic stay would be excused because a court exercising bankruptcy jurisdiction, "as a court of equity, nevertheless must be guided by equitable principles in exercising its jurisdiction"). The Clerk of the Court is directed to enter final judgment dismissing the Complaint with prejudice and close item number 1 on the docket of 12 Civ. 6733. (Signed by Judge Jed S. Rakoff on 4/15/2013) (tro) Modified on 4/22/2013 (jab).
April 15, 2013 Opinion or Order Filing 460 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) Modified on 4/15/2013 (tro).
April 9, 2013 Opinion or Order Filing 458 STIPULATION AND ORDER TO FILE CERTAIN DOCUMENTS UNDER SEAL: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED BY AND AMONG THE PARTIES: 1-The parties are authorized to file under seal and/or in redacted form documents (1) designated "confidential" under the Bankruptcy Court's Litigation Protective Order dated June 6, 2011 ("LPO"); (2) treated confidentially pursuant to any confidentiality agreement among any of the Parties, and/or (3) entitled to confidential treatment under the Federal Rules Of Evidence, including material entitled to confidential treatment under Federal Rule of Evidence 408 (collectively, "Confidential Information" ). 2-The Parties are authorized to file any briefs, pleadings or portions thereof addressing any Confidential Information in redacted form and/or under seal. 3-The party making a filing under seal pursuant to Paragraph 1 or 2 shall provide the District Court with un-redacted and complete copies of documents, briefs, or pleadings filing pursuant to this Stipulation. 4-All parties to this Stipulation who are served with the documents, briefs, or pleadings filed under seal and/or as redacted (who do not otherwise have those documents without restrictions on their use) shall maintain the confidentiality of any Confidential Information therein. 5-All parties to this Stipulation reserve all rights, including without limitation the right to challenge at a later time the parties' prior designation of documents as "confidential," or to oppose any such challenge. SO ORDERED. (Signed by Judge Jed S. Rakoff on 4/8/2013) (rsh)
March 26, 2013 Filing 457 NOTICE OF APPEARANCE by Gates Salyers Hurand on behalf of Robert Blum (Hurand, Gates)
March 25, 2013 Filing 456 NOTICE of Withdrawal of Appearance of Claudio R. Ochoa. Document filed by Robert Blum. (RoumainOchoa, Claudio)
March 19, 2013 Opinion or Order Filing 455 OMNIBUS ORDER: The following motions have all been disposed of, albeit piecemeal, in prior orders of the Court: Irving H. Picard v. James Greiff, 11 Civ. 3775: Amended Motion to Withdraw Reference, ECF No. 53; Irving H. Picard v. Gerald Blumenthal, 11 Civ. 4293: Second Motion to Withdraw Reference, ECF No. 26; Irving H. Picard v. Robert Potamkin, 11 Civ. 4401: Motion for Judgment on the Pleadings and Joinder in the Arguments Raised in Gerald Blumenthal's Motion to Dismiss, ECF No. 4; Irving H. Picard v. Lewis R. Franck et al., 11 Civ. 4723: Motion for Joinder in the Arguments Raised in Gerald Blumenthal's Motion to Dismiss, ECF No. 4; Irving H. Picard v. Lewis R. Franck et al., 11 Civ. 4723: Amended Motion for Joinder in the Arguments Raised in Gerald Blumenthal's Motion to Dismiss, ECF No. 5; Irving H. Picard v. Joseph S. Popkin Revocable Trust Dated February 9, 2006, a Florida Trust, et al., 11 Civ. 4726: Motion for Joinder in the Arguments Raised in Gerald Blumenthal's Motion to Dismiss, ECF No. 4; Irving H. Picard v. Jonathan Sobin, 11 Civ. 4728: Motion for Joinder in the Arguments Raised in Gerald Blumenthal's Motion to Dismiss, ECF No. 4; Irving H. Picard v. Harold J. Hein, 11 Civ. 4936: Second Motion to Withdraw Reference, ECF No. 62; Irving H. Picard v. Kara Fishbein Goldman et al., 11 Civ. 4959: Second Motion to Withdraw Reference as Related to Bankruptcy Court Case No. 10 4735, ECF No. 66; Bernard L. Madoff Investment Securities LLC et al. v. Brown et al., 11 Civ. 5155: Motion for Joinder in the Arguments Raised in Gerald Blumenthal's Motion to Dismiss, ECF No. 3; Irving H. Picard v. Bell Ventures Limited et al., 11 Civ. 5507: Supplemental Motion to Withdraw Reference, ECF No. 13; Irving H. Picard v. Joseph E. Plastaras, 11 Civ. 7192: Motion to Dismiss and Joinder, ECF No. 4; Irving H. Picard v. David Abel, 11 Civ. 7766: Amended Motion to Withdraw Reference, ECF No. 12; Irving H. Picard v. American Securities Management, L.P., et al., 11 Civ. 8018: Motion for Joinder in the Moving Defendants' Motion to Withdraw the Reference Filed November 7, 2011, ECFNo. 5; Irving H. Picard v. American Securities Management, L.P., et al., 11 Civ. 8018: Motion for Joinder in the Moving Defendants' Motion to Withdraw the Reference Filed November 7, 2011, ECF No. 23; Irving H. Picard v. Elaine Pikulik, 11 Civ. 8532: Motion to Withdraw Reference, ECF No. 7; Irving H. Picard v. Natixis et al., 11 Civ. 9501: Motion to Withdraw Reference to the United States Bankruptcy Court, ECF No. 5; Irving H. Picard v. Peter Joseph, 12 Civ. 36: Supplemental Motion to Withdraw Reference Pursuant to 28 U.S.C. Section 157(d) to Assert Lack of Jurisdiction Under Stern v. Marshall,ECF No. 7; Irving H. Picard v. Gary J. Korn et al., 12 Civ. 37: Supplemental Motion to Withdraw Reference Pursuant to 28 U.S.C. Section 157(d) to Assert Lack of Jurisdiction Under Stern v. Marshall, ECF No. 11; Irving H. Picard v. Queensgate Foundation, 12 Civ. 38: Supplemental Motion to Withdraw Reference Pursuant to 28 U.S.C. Section 157(d) to Assert Lack of Jurisdiction Under Stern v. Marshall, ECF No. 7; Irving H. Picard v. Story Family Trust #3 et al., 12 Civ. 39: Supplemental Motion to Withdraw Reference Pursuant to 28 U.S.C.Section 157(d) to Assert Lack of Jurisdiction Under Stern v. Marshall, ECF No. 11; Irving H. Picard v. Theodore Story et al., 12 Ci v. 40: Supplemental Motion to Withdraw Reference Pursuant to 28 U.S.C. Section 157(d) to Assert Lack of Jurisdiction Under Stern v. Marshall, ECF No. 7; Irving H. Picard v. SG Hambros Bank & Trust (Bahamas) Limited et al., 12 Civ. 531: Motion for Joinder in Motion to Withdraw the Reference to the Bankruptcy Court, ECF No. 6 Irving H. Picard v. Estate of Elaine S. Fox et al., 12 Civ. 1691: Motion to Amend/Correct Motion to Withdraw the Bankruptcy Reference, ECF No. 4; Irving H. Picard v. Joan Roman, 12 Civ. 2315: Amended Motion to Withdraw Reference, ECF No. 4; Irving H. Picard v. S&P Associates et al., 12 Civ. 2316: Amended Motion to Withdraw Reference, ECF No. 5; Irving H. Picard v. Robert Roman, 12cv2318: Amended Motion to Withdraw Reference, ECF No. 4; The Clerk of Court is hereby ordered to close all of the above motions. The motions are closed without prejudice to renewal after all of the issues subject to common briefing have been fully adjudicated by a final order of this Court, should any issues remain outstanding at that point. (Signed by Judge Jed S. Rakoff on 3/18/2013) (mt) Modified on 3/19/2013 (mt). Modified on 3/19/2013 (mt).
March 15, 2013 Opinion or Order Filing 459 ORDER: Accordingly, the Court hereby finds that the original motions to dismiss filed by the defendants in the above-captioned cases are denied as moot or, as to some issues, denied on the consent of the parties. The Clerk of the court is hereby ordered to close item 22 on the docket of 11 Civ. 4928 and item number 25 on the docket of 11 Civ. 5835. (Signed by Judge Jed S. Rakoff on 3/14/2013) (tro)
March 15, 2013 Opinion or Order Filing 454 CONSENT ORDER: BASED ON THE FOREGOING, IT IS HEREBY: ORDERED that the Siegal Withdrawal Motion is hereby withdrawn and the Clerk of the Court is ordered to close docket 13 Civ. 00503; and IT IS FURTHER ORDERED that the Consolidated Appeal as entered shall apply to the Siegal Action, and the Parties shall be bound by the Consolidated Appeal in all respects; and IT IS FURTHER ORDERED that, except as expressly provided herein, entry of this Order shall not impair or otherwise affect the Parties' rights and defenses, including withoutlimitation any defenses based on lack of jurisdiction, that the Parties may assert in the Bankruptcy Court; and IT IS FURTHER ORDERED that all costs, expenses, and attorneys' fees shall be borne by the party incurring the same. (Signed by Judge Jed S. Rakoff on 3/14/2013) (mt)
March 15, 2013 Opinion or Order Filing 453 ORDER: The Court hereby denies defendant's motion to dismiss without prejudice to renewal on the China Trade issue if the Bankruptcy Court resolves the personal jurisdiction issue in favor of exercising jurisdiction. The Clerk of the Court is hereby ordered to close item number 14 on the docket of 12 Civ. 5597. (Signed by Judge Jed S. Rakoff on 3/14/2013) (js)
March 15, 2013 Opinion or Order Filing 452 ORDER: Accordingly, the Court hereby finds that the original motions to dismiss filed by the defendants in the above-captioned cases are denied as moot or, as to some issues, denied on the consent of the parties. The Clerk of the Court is hereby ordered to close item number 22 on the docket of 11 Civ. 4928 and item number 25 on the docket of 11 Civ. 5835. (Signed by Judge Jed S. Rakoff on 3/14/2013) (js)
March 14, 2013 Opinion or Order Filing 451 ORDER: After carefully considering the parties' written submissions and oral argument, the Court hereby grants the motions to dismiss with respect to the withdrawals of funds from Madoff Securities' customer accounts that were based on reductions in the collateral supporting the swap agreements. However, the Court denies the defendants' motions to dismiss in relation to the initial withdrawals of funds from Madoff Securities' customer accounts that were subsequently transferred and used for the provision of collateral in these swap agreements. An opinion explaining the reasons for these rulings will issue in due course. The Clerk of the Court is directed to close items 27 and 34 on the docket of 11 Civ. 6877; items 29 and 33 on the docket of 11 Civ. 6878; item 25 on the docket of 11 Civ. 7825; and items 238, 247 and 327 on the docket of 12 MC 115. (Signed by Judge Jed S. Rakoff on 2/15/2013) (js)
March 13, 2013 Filing 450 MOTION for Lee A. Casey to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8318052. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Irving H. Picard. (Attachments: #1 Certificate of Good Standing-CA, #2 Certificate of Good Standing-D.C., #3 Text of Proposed Order, #4 Affidavit of Service)(Casey, Lee)
March 13, 2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #450 MOTION for Lee A. Casey to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8318052. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
March 7, 2013 Filing 449 MOTION for Andrew M. Grossman to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8300599. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Irving H. Picard. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order, #3 Affidavit of Service)(Grossman, Andrew)
March 7, 2013 Filing 448 MOTION for David B. Rivkin, Jr. to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8300450. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Irving H. Picard. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order, #3 Affidavit of Service)(Rivkin, David)
March 7, 2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #448 MOTION for David B. Rivkin, Jr. to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8300450. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
March 5, 2013 Opinion or Order Filing 447 CONSENT ORDER: On consent of (i) the defendant in the above-listed captioned action (the "Defendant"), (ii) Irving H. Picard, as Trustee (the "Trustee") for the substantively consolidated liquidation proceedings of Bernard L. Madoff Investment Securities LLC under the Securities Investor Protection Act, and (iii) the Securities Investor Protection Corporation ("SIPC"), together with the Defendants and the Trustee, the "Parties"), the Parties agree as set forth herein. (Signed by Judge Jed S. Rakoff on 3/5/2013) (djc) Modified on 3/5/2013 (djc).
February 25, 2013 Opinion or Order Filing 446 STIPULATION AND ORDER TO FILE CERTAIN DOCUMENTS UNDER SEAL: The Trustee is authorized to file the Settlement Agreement under seal. The Trustee is authorized to file with his reply brief documents produced and designated"confidential" by the Receivers, the Merkin Defendants and the Non-Defendant Third Parties under seal, and as further set forth in this document. (Signed by Judge Jed S. Rakoff on 2/21/2013) (cd)
February 25, 2013 Transmission to Sealed Records Clerk. Transmitted re: #446 Stipulation and Order, to the Sealed Records Clerk for the sealing or unsealing of document or case. (cd)
February 22, 2013 Filing 445 AFFIDAVIT OF SERVICE of Reply Memorandum of Law of the Securities Investor Protection Corporation in Support of the Trustee's Application for Enforcement of Automatic Stay and Issuance of Preliminary Injunction and Securities Investor Protection Corporation's Rule 7.1 Corporate Statement on 2/21/13. Document filed by Irving H. Picard. (Sheehan, David)
February 21, 2013 Filing 444 AFFIDAVIT of Service re: #442 Reply Memorandum of Law in Support, #443 Declaration in Support,. Document filed by Irving H. Picard. (Sheehan, David)
February 21, 2013 Filing 443 DECLARATION of David J. Sheehan in Support of Enforcement of Automatic Stay and Issuance of Preliminary Injunction in Support. Document filed by Irving H. Picard. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Sheehan, David)
February 21, 2013 Filing 442 REPLY MEMORANDUM OF LAW in Support of Trustee's Application for Enforcement of Automatic Stay and Issuance of Preliminary Injunction Redacted. Document filed by Irving H. Picard. (Sheehan, David)
February 21, 2013 Filing 441 REPLY MEMORANDUM OF LAW in Support of the Trustee's Application for Enforcement of Automatic Stay and Issuance of Preliminary Injunction. Document filed by Securities Investor Protection Corporation. (Bell, Kevin)
February 21, 2013 Filing 440 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Securities Investor Protection Corporation.(Bell, Kevin)
February 14, 2013 Filing 438 NOTICE OF CHANGE OF ADDRESS by Gregory Warren Fox on behalf of 10 Michael Drive Associates, L.P., 125 Bethpage Associates, 45 South Service Road, LLC, 500 Bi-County Associates, L.P., ARC-BDG Setauket Enterprise, B-4 Partnership, BCC II, LLC, BDG 115 Broadhollow, L.P., BDG 125th Street, LLC, BDG Commack, LLC, BDG Construction Corp., BDG DWD Associates, LLC, BDG Daniel Street, LLC, BDG Deer Park Associates, LLC, BDG Kingsbridge, LLC, BDG Lake Grove I, LLC, BDG Larkfield Associates, LLC, BDG Piscataway, LLC, BDG Yaphank, LLC, BWI, Blumco Setauket, LLC, Blumenfeld Development Group, Ltd., Boxwood Realty Group, Brad Blumenfeld Charitable Lead Trust, Brad Blumenfeld Farmingdale Trust, Brad Blumenfeld, individually, and as Trustee, Bull Market Fund, Charleston Enterprises, LLC, Coblum Setauket, LLC, DWD Associates, LLC, Daniel Land Co. LLC, David Blumenfeld Farmingdale Trust, David Blumenfeld, individually, and as Trustee, Dogwood Realty Group, Double B Squared LLC, EDB Capital, LLC, Edward Blumenfeld Gerald Y Mordfin et al, Edward Blumenfeld and Susan Blumenfeld, Edward Blumenfeld and Susan Blumenfeld 2007 Charitable Lead Trust, Edward Blumenfeld et al, Edward Blumenfeld et al II, Edward Blumenfeld, individually, and as Trustee, Edward and Susan Blumenfeld Charitable Lead Trust, Gotham Plaza Associates, LLC, Harvey Cohen, individually, and as Trustee, Jeffrey Hinte, LaGuardia Corporate Center Associates, L.P., LaGuardia Corporate Center Associates, LLC, Maxrob, L.P., Robert Nystrom, South Sea Holdings L.P., Susan Blumenfeld GST Trust, Susan Blumenfeld Interiors, Ltd., Susan Blumenfeld, individually, and as Trustee, The Brad Blumenfeld Family Foundation, The David Blumenfeld Family Trust, The Edward and Susan Blumenfeld Foundation, Trust f/b/o Brad Blumenfeld, Trust f/b/o David Blumenfeld, Trust f/b/o Susan Blumenfeld. New Address: Stutman, Treister & Glatt, P.C., 675 Third Avenue, Suite 2216, New York, New York, USA 10017-5714, (212) 235-0800. (Fox, Gregory)
February 14, 2013 Filing 437 NOTICE OF CHANGE OF ADDRESS by Kizzy Lyn Jarashow on behalf of 10 Michael Drive Associates, L.P., 125 Bethpage Associates, 45 South Service Road, LLC, 500 Bi-County Associates, L.P., ARC-BDG Setauket Enterprise, B-4 Partnership, BCC II, LLC, BDG 115 Broadhollow, L.P., BDG 125th Street, LLC, BDG Commack, LLC, BDG Construction Corp., BDG DWD Associates, LLC, BDG Daniel Street, LLC, BDG Deer Park Associates, LLC, BDG Kingsbridge, LLC, BDG Lake Grove I, LLC, BDG Larkfield Associates, LLC, BDG Piscataway, LLC, BDG Yaphank, LLC, BWI, Blumco Setauket, LLC, Blumenfeld Development Group, Ltd., Boxwood Realty Group, Brad Blumenfeld Charitable Lead Trust, Brad Blumenfeld Farmingdale Trust, Brad Blumenfeld, individually, and as Trustee, Bull Market Fund, Charleston Enterprises, LLC, Coblum Setauket, LLC, DWD Associates, LLC, Daniel Land Co. LLC, David Blumenfeld Farmingdale Trust, David Blumenfeld, individually, and as Trustee, Dogwood Realty Group, Double B Squared LLC, EDB Capital, LLC, Edward Blumenfeld Gerald Y Mordfin et al, Edward Blumenfeld and Susan Blumenfeld, Edward Blumenfeld and Susan Blumenfeld 2007 Charitable Lead Trust, Edward Blumenfeld et al, Edward Blumenfeld et al II, Edward Blumenfeld, individually, and as Trustee, Edward and Susan Blumenfeld Charitable Lead Trust, Gotham Plaza Associates, LLC, Harvey Cohen, individually, and as Trustee, Jeffrey Hinte, LaGuardia Corporate Center Associates, L.P., LaGuardia Corporate Center Associates, LLC, Maxrob, L.P., Robert Nystrom, South Sea Holdings L.P., Susan Blumenfeld GST Trust, Susan Blumenfeld Interiors, Ltd., Susan Blumenfeld, individually, and as Trustee, The Brad Blumenfeld Family Foundation, The David Blumenfeld Family Trust, The Edward and Susan Blumenfeld Foundation, Trust f/b/o Brad Blumenfeld, Trust f/b/o David Blumenfeld, Trust f/b/o Susan Blumenfeld. New Address: Stutman, Treister & Glatt, P.C., 675 Third Avenue, Suite 2216, New York, New York, USA 10017-5714, (212) 235-0800. (Jarashow, Kizzy)
February 14, 2013 Filing 436 NOTICE OF CHANGE OF ADDRESS by William P Weintraub on behalf of 10 Michael Drive Associates, L.P., 125 Bethpage Associates, 45 South Service Road, LLC, 500 Bi-County Associates, L.P., ARC-BDG Setauket Enterprise, B-4 Partnership, BCC II, LLC, BDG 115 Broadhollow, L.P., BDG 125th Street, LLC, BDG Commack, LLC, BDG Construction Corp., BDG DWD Associates, LLC, BDG Daniel Street, LLC, BDG Deer Park Associates, LLC, BDG Kingsbridge, LLC, BDG Lake Grove I, LLC, BDG Larkfield Associates, LLC, BDG Piscataway, LLC, BDG Yaphank, LLC, BWI, Blumco Setauket, LLC, Blumenfeld Development Group, Ltd., Boxwood Realty Group, Brad Blumenfeld Charitable Lead Trust, Brad Blumenfeld Farmingdale Trust, Brad Blumenfeld, individually, and as Trustee, Bull Market Fund, Charleston Enterprises, LLC, Coblum Setauket, LLC, DWD Associates, LLC, Daniel Land Co. LLC, David Blumenfeld Farmingdale Trust, David Blumenfeld, individually, and as Trustee, Dogwood Realty Group, Double B Squared LLC, EDB Capital, LLC, Edward Blumenfeld Gerald Y Mordfin et al, Edward Blumenfeld and Susan Blumenfeld, Edward Blumenfeld and Susan Blumenfeld 2007 Charitable Lead Trust, Edward Blumenfeld et al, Edward Blumenfeld et al II, Edward Blumenfeld, individually, and as Trustee, Edward and Susan Blumenfeld Charitable Lead Trust, Gotham Plaza Associates, LLC, Harvey Cohen, individually, and as Trustee, Jeffrey Hinte, LaGuardia Corporate Center Associates, L.P., LaGuardia Corporate Center Associates, LLC, Maxrob, L.P., Robert Nystrom, South Sea Holdings L.P., Susan Blumenfeld GST Trust, Susan Blumenfeld Interiors, Ltd., Susan Blumenfeld, individually, and as Trustee, The Brad Blumenfeld Family Foundation, The David Blumenfeld Family Trust, The Edward and Susan Blumenfeld Foundation, Trust f/b/o Brad Blumenfeld, Trust f/b/o David Blumenfeld, Trust f/b/o Susan Blumenfeld. New Address: Stutman, Treister & Glatt, P.C., 675 Third Avenue,, Suite 2216, New York, New York, USA 10017-5714, (212) 235-0800. (Weintraub, William)
February 13, 2013 Opinion or Order Filing 439 ORDER: An Opinion explaining the reasons for this Order and applying that reasoning to the issues posed above and to particular cases included within this consolidated proceeding will issue in due course. Meanwhile, the Clerk of the Court is directed to close items 256, 259 and 289 on the docket of thiscase. SO ORDERED. (Signed by Judge Jed S. Rakoff on 2/12/2013) (ama)
February 13, 2013 Opinion or Order Filing 435 ORDER on (231) Motion to Dismiss in case 1:12-mc-115-JSR. After carefully considering the parties' written submissions and oral argument, the Court hereby finds that SIPA does not preclude the application of Section 502(d) to customer claims against the Madoff Securities estate that could be found void or voidable within the limits prescribed by this Court's prior rulings in Picard v. Katz, 462 B.R. 447 (S.D.N.Y. 2011). The Court therefore departs from the reasoning set forth in the first full paragraph of page 456 of Picard v. Katz, which the Court no longer finds persuasive in this limited respect. In all other respects, however, the Court hereby reaffirms the reasoning and rulings set forth in Picard v. Katz. An opinion explaining the reasons for this Order will issue in due course. Meanwhile, the Clerk of the Court is directed to close item 231 on the docket of this case. SO ORDERED.(Signed by Judge Jed S. Rakoff on 2/12/2013) Filed In Associated Cases: 1:12-mc-00115-JSR, 1:12-cv-03489-JSR(ama)
February 4, 2013 Opinion or Order Filing 434 CONSENT ORDER: On consent of (i) the defendants listed herein and on Exhibit A hereto (collectively, the "Defendants"), (ii) Irving H. Picard, as Trustee (the "Trustee") for the substantively consolidated liquidation proceedings of Bernard L. Madoff Investment Securities LLC under the Securities Investor Protection Act, and (iii) the Securities Investor Protection Corporation ("SIPC", together with the Defendants and the Trustee, the "Parties"), the Parties agree as follows: As set forth herein: SO ORDERED. (Signed by Judge Jed S. Rakoff on 2/03/2013) (ama)
January 30, 2013 Opinion or Order Filing 433 CONSENT ORDER: This action shall be designated as related to case no. 12-MISC-00115. Any and all pleadings filed and any and all orders entered in case no. 12-MISC-00115, to the extent they would have otherwise been applicable to the Defendants but for the fact that case no. 12-03489 had not been officially designated as related to case no. 12-MISC-00115, shall be deemed to have applied to the Defendants. The Clerk is directed to file this Order in both docket nos. 12-03489 and 12-MISC-00115. (Signed by Judge Jed S. Rakoff on 1/29/2013) (ft)
January 22, 2013 Opinion or Order Filing 432 STIPULATION AND ORDER: BASED ON THE FOREGOING, IT IS HEREBY ORDERED, that the Joinder is hereby withdrawn, and the Clerk of Court is ordered to close item number 3 in the docket 12 Civ. 3489 (JSR). ORDERED, that Cathay Bank shall no longer be subject to the Stern Consolidated Briefing Order, the Section 546(e) Consolidated Briefing Order, the Extraterritoriality Consolidated Briefing Order, and the Good Faith Standard Consolidated Briefing Order, and Cathay Bank shall hereby be deemed removed from the relevant Exhibits to those orders. ORDERED, that all matters are deemed dismissed solely as to Cathay Bank pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. Cathay United Bank LTD. terminated. (Signed by Judge Jed S. Rakoff on 01/19/2013) (jcs)
January 22, 2013 Opinion or Order Filing 431 STIPULATION AND ORDER: BASED ON THE FOREGOING, IT IS HEREBY ORDERED, that the Motion is hereby withdrawn, and the Clerk of Court is ordered to close item number 1 in the docket 12 Civ. 9343 (JSR). It is FURTHER ORDERED that that all matters are deemed dismissed solely as to Advanced Strategies pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. (Motions terminated: (1 in 1:12-cv-09343-JSR) MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 12-1700A, 08-01789 (BRL). filed by Advanced Strategies, Ltd.) (Signed by Judge Jed S. Rakoff on 01/19/2013) (jcs) Modified on 1/24/2013 (jcs).
January 21, 2013 Filing 430 NOTICE OF APPEARANCE by Shannon Anne Scott on behalf of Amy Joel, Robert A. Luria, Robert Luria Partners, Amy J. Luria, Amy Luria Partners LLC, Susan Greenwald Luria, Patricia Samuels, Howard Samuels, Samuels Family Limited Partnership, Andrew Samuels, Dara Sandler, LDP Corp. Profit Sharing Plan and Trust, Leonard D. Pearlman, Emanuel R. Pearlman, Jeffrey Shankman, Janet Jaffin, Milton Cooper (Attachments: #1 Exhibit A)(Scott, Shannon)
January 17, 2013 Filing 429 NOTICE OF APPEARANCE by Gary A. Woodfield on behalf of Defendants' listed in Appendix A of the Court's April 13, 2012 Order (Woodfield, Gary)
January 15, 2013 Opinion or Order Filing 428 ORDER: Because the Court must presume that Klein received service of the Order, and because Klein offers no other reason to excuse the untimeliness of her motion, the Court hereby finds that Klein has failed to show good cause as to why her failure to meet the withdrawal deadline should be excused. Thus, the Court denies both the application to excuse such untimeliness as well as the underlying motion to withdraw the reference. The Clerk of the Court is directed to close documents 1 and 8 on the docket of 12 Civ. 5717. (Signed by Judge Jed S. Rakoff on 1/14/13) (pl)
January 4, 2013 Opinion or Order Filing 427 OPINION AND 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 1/04/2013) (ama) Modified on 1/9/2013 (jab).
December 28, 2012 Opinion or Order Filing 426 ORDER: After carefully considering the parties' written submissions and oral argument, the Court hereby grants the defendants' motion to withdraw the reference on all issues. An opinion explaining the reasons for this ruling will issue in due course. Counsel are directed to jointly call Chambers no later than January 4, 2013 to set a schedule for briefing on the merits of the Trustee's claims. The Clerk of the Court is hereby ordered to close item number 1 on the docket of 12 Civ. 6733. (Signed by Judge Jed S. Rakoff on 12/27/2012) (djc)
December 27, 2012 Opinion or Order Filing 425 STIPULATION AND ORDER: IT IS HEREBY: ORDERED, that the Withdrawal Motion is hereby withdrawn and the Clerk of the Court is ordered to close item number one on the dockets of 12 Civ. 02310. ORDERED, that the Defendants shall no longer be subject to the Consolidated Briefing Orders or any other consolidated briefing currently or previously before this Court which includes, or could be argued to include, any issues relevant or related to the Adversary Proceeding. ORDERED, that the Defendants shall hereby be deemed removed from the relevant Exhibits to the Consolidated Briefing Orders and all associated motions, memoranda, or other filings, joinders to same, orders entered by this Court, and/or appeals taken by any parties, in each case in connection with the issues raised by the Consolidated Briefing Orders. ORDERED, that the docket of 12 Civ. 02310 is hereby closed, and all matters arising therein are deemed dismissed pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. (Signed by Judge Jed S. Rakoff on 12/26/2012) (lmb)
December 19, 2012 Filing 424 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/3/12 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...(Rodriguez, Somari)
December 19, 2012 Filing 423 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/3/2012 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Carol Ganley, (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 1/14/2013. Redacted Transcript Deadline set for 1/25/2013. Release of Transcript Restriction set for 3/22/2013.(Rodriguez, Somari)
December 12, 2012 Opinion or Order Filing 422 ORDER re: #387 MOTION to Dismiss, filed by Subsequent Transferee Defendants, #382 MOTION to Dismiss dated October 5, 2012, filed by Subsequent Transferee Defendants. After carefully considering the parties written submissions and oral argument, the Court hereby denies the defendants' motions to dismiss as to both of the Section 550(a) issues. An opinion explaining the reasons for this ruling will issue in due course. The Clerk of the Court is directed to close items 382 and 387 on the docket of this case. (Signed by Judge Jed S. Rakoff on 12/5/2012) (ja)
December 10, 2012 Opinion or Order Filing 421 CONSENT ORDER: On consent of (i) the defendants listed herein and on Exhibit A hereto (collectively, the"Defendants"), (ii) Irving H. Picard, as Trustee (the "Trustee") for the substantively consolidated liquidation proceedings of Bernard L. Madoff Investment Securities LLC under the Securities Investor Protection Act, and (iii) the Securities Investor Protection Corporation (''SIPC" together with the Defendants and the Trustee, the ''Parties"), the Parties agree as follows as further set forth within this Consent Order. (Signed by Judge Jed S. Rakoff on 12/7/2012) (ago) Modified on 12/13/2012 (ml).
December 7, 2012 Filing 420 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/9/12 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...(Rodriguez, Somari)
December 7, 2012 Filing 419 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/9/2012 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Thomas Murray, (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 1/2/2013. Redacted Transcript Deadline set for 1/10/2013. Release of Transcript Restriction set for 3/11/2013.(Rodriguez, Somari)
December 6, 2012 Opinion or Order Filing 418 NOTICE OF SUBSTITUTION OF COUNSEL AND ORDER: PLEASE TAKE NOTICE that the law firm of Stutman, Treister & Glatt P.C. has replaced the law firm of Friedman Kaplan Seiler & Adelman LLP as counsel of record in the above-captioned consolidated case (the "Madoff Securities Case") for the defendants in the following adversary proceedings (collectively, the "Adversary Proceedings"): (i) Picard v. Nystrom, 12-cv-02403 (JSR), (ii) Picard v. Hinte, 12-cv-02404 (JSR), and (iii) Picard v. Blumenfeld. el al., 12-cv-02405 (JSR). IT IS SO ORDERED. (Signed by Judge Jed S. Rakoff on 12/05/2012) (ama)
December 6, 2012 ***DELETED DOCUMENT. Deleted document number #418 NOTICE OF SUBSTITUTION OF COUNSEL AND ORDER. The document was incorrectly filed in this case. (ama)
December 4, 2012 Filing 417 NOTICE OF CHANGE OF ADDRESS by Gregory Warren Fox on behalf of 10 Michael Drive Associates, L.P., 125 Bethpage Associates, 45 South Service Road, LLC, 500 Bi-County Associates, L.P., ARC-BDG Setauket Enterprise, B-4 Partnership, BCC II, LLC, BDG 115 Broadhollow, L.P., BDG 125th Street, LLC, BDG Commack, LLC, BDG Construction Corp., BDG DWD Associates, LLC, BDG Daniel Street, LLC, BDG Deer Park Associates, LLC, BDG Kingsbridge, LLC, BDG Lake Grove I, LLC, BDG Larkfield Associates, LLC, BDG Piscataway, LLC, BDG Yaphank, LLC, BWI, Blumco Setauket, LLC, Blumenfeld Development Group, Ltd., Boxwood Realty Group, Brad Blumenfeld Charitable Lead Trust, Brad Blumenfeld Farmingdale Trust, Brad Blumenfeld, individually, and as Trustee, Bull Market Fund, Charleston Enterprises, LLC, Coblum Setauket, LLC, DWD Associates, LLC, Daniel Land Co. LLC, David Blumenfeld Farmingdale Trust, David Blumenfeld, individually, and as Trustee, Dogwood Realty Group, Double B Squared LLC, EDB Capital, LLC, Edward Blumenfeld Gerald Y Mordfin et al, Edward Blumenfeld and Susan Blumenfeld, Edward Blumenfeld and Susan Blumenfeld 2007 Charitable Lead Trust, Edward Blumenfeld et al, Edward Blumenfeld et al II, Edward Blumenfeld, individually, and as Trustee, Edward and Susan Blumenfeld Charitable Lead Trust, Gotham Plaza Associates, LLC, Harvey Cohen, individually, and as Trustee, Jeffrey Hinte, LaGuardia Corporate Center Associates, L.P., LaGuardia Corporate Center Associates, LLC, Maxrob, L.P., Robert Nystrom, South Sea Holdings L.P., Susan Blumenfeld GST Trust, Susan Blumenfeld Interiors, Ltd., Susan Blumenfeld, individually, and as Trustee, The Brad Blumenfeld Family Foundation, The David Blumenfeld Family Trust, The Edward and Susan Blumenfeld Foundation, Trust f/b/o Brad Blumenfeld, Trust f/b/o David Blumenfeld, Trust f/b/o Susan Blumenfeld. New Address: Stutman, Treister & Glatt P.C., 600 Third Avenue, Second Floor, New York, New York, US 10016, (646) 571-2483. (Fox, Gregory)
December 3, 2012 Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument held on 12/3/2012 re: #387 MOTION to Dismiss. filed by Subsequent Transferee Defendants, #382 MOTION to Dismiss dated October 5, 2012. filed by Subsequent Transferee Defendants. (Kotowski, Linda)
November 30, 2012 Filing 416 REPLY MEMORANDUM OF LAW in Support re: #382 MOTION to Dismiss dated October 5, 2012.. Document filed by Subsequent Transferee Defendants. (Boccuzzi, Carmine)
November 30, 2012 Filing 415 NOTICE of /Designation of Lead Counsel for Subsequent Transferee Defendants Concerning Section 550(a) Issues Raised By Order of the Court Dated August 21,2012, dated November 30, 2012 re: #314 Order, Set Deadlines/Hearings,,,,,,,,,,,,,,,,,,,,. Document filed by Subsequent Transferee Defendants. (Boccuzzi, Carmine)
November 30, 2012 Filing 414 REPLY MEMORANDUM OF LAW in Support re: #387 MOTION to Dismiss.. Document filed by Subsequent Transferee Defendants. (Lacy, Robinson)
November 27, 2012 Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument held on 11/27/2012 re: #259 MOTION to Dismiss. filed by Remaining 546(e) Parties, #289 AMENDED MOTION to Dismiss. filed by Remaining 546(e) Parties. (Kotowski, Linda)
November 13, 2012 Opinion or Order Filing 413 MEMORANDUM ORDER: Accordingly, the Court denies Roman's motion to withdraw the reference on the issue of Article III standing, without prejudice to the other withdrawal issues raised by the motion that are the subjects of consolidated briefing. (refers to 12 cv 2318) (Signed by Judge Jed S. Rakoff on 11/12/2012) (cd)
November 13, 2012 Filing 412 JOINDER to join re: #410 Memorandum of Law in Opposition to Motion, Defendants' Motions to Dismiss Concerning Section 550(a) Issues 1 and 2 as Ordered by the Court on August 21, 2012. Document filed by Irving H. Picard. (Attachments: #1 Certificate of Service)(Lunn, Matthew)
November 13, 2012 Filing 411 JOINDER to join re: #410 Memorandum of Law in Opposition to Motion,. Document filed by Irving H. Picard. (Attachments: #1 Exhibit A, #2 Affidavit of Service)(Simon, Howard)
November 13, 2012 Filing 410 MEMORANDUM OF LAW in Opposition re: #387 MOTION to Dismiss., #382 MOTION to Dismiss dated October 5, 2012. Trustee's Memorandum of Law in Opposition to Defendants' Motions to Dismiss Concerning Section 550(a) Issues 1 and 2 as Ordered by the Court on August 21, 2012. Document filed by Irving H. Picard. (Attachments: #1 Affidavit of Service)(Griffin, Regina)
November 13, 2012 Filing 409 BRIEF Memorandum of Law of the Securities Investor Protection Corporation Addressing The Section 550(a) Issues. Document filed by Securities Investor Protection Corporation. (Attachments: #1 Affidavit of Service)(Bell, Kevin)
November 9, 2012 Filing 408 NOTICE OF CHANGE OF ADDRESS by Kizzy Lyn Jarashow on behalf of 10 Michael Drive Associates, L.P., 125 Bethpage Associates, 45 South Service Road, LLC, 500 Bi-County Associates, L.P., ARC-BDG Setauket Enterprise, B-4 Partnership, BCC II, LLC, BDG 115 Broadhollow, L.P., BDG 125th Street, LLC, BDG Commack, LLC, BDG Construction Corp., BDG DWD Associates, LLC, BDG Daniel Street, LLC, BDG Deer Park Associates, LLC, BDG Kingsbridge, LLC, BDG Lake Grove I, LLC, BDG Larkfield Associates, LLC, BDG Piscataway, LLC, BDG Yaphank, LLC, BWI, Blumco Setauket, LLC, Blumenfeld Development Group, Ltd., Boxwood Realty Group, Brad Blumenfeld Charitable Lead Trust, Brad Blumenfeld Farmingdale Trust, Brad Blumenfeld, individually, and as Trustee, Bull Market Fund, Charleston Enterprises, LLC, Coblum Setauket, LLC, DWD Associates, LLC, Daniel Land Co. LLC, David Blumenfeld Farmingdale Trust, David Blumenfeld, individually, and as Trustee, Dogwood Realty Group, Double B Squared LLC, EDB Capital, LLC, Edward Blumenfeld Gerald Y Mordfin et al, Edward Blumenfeld and Susan Blumenfeld, Edward Blumenfeld and Susan Blumenfeld 2007 Charitable Lead Trust, Edward Blumenfeld et al, Edward Blumenfeld et al II, Edward Blumenfeld, individually, and as Trustee, Edward and Susan Blumenfeld Charitable Lead Trust, Gotham Plaza Associates, LLC, Harvey Cohen, individually, and as Trustee, Jeffrey Hinte, LaGuardia Corporate Center Associates, L.P., LaGuardia Corporate Center Associates, LLC, Maxrob, L.P., Robert Nystrom, South Sea Holdings L.P., Susan Blumenfeld GST Trust, Susan Blumenfeld Interiors, Ltd., Susan Blumenfeld, individually, and as Trustee, The Brad Blumenfeld Family Foundation, The David Blumenfeld Family Trust, The Edward and Susan Blumenfeld Foundation, Trust f/b/o Brad Blumenfeld, Trust f/b/o David Blumenfeld, Trust f/b/o Susan Blumenfeld. New Address: Stutman Treister & Glatt P.C., 600 Third Avenue, Second Floor, New York, New York, US 10016, (646) 571-2479. (Jarashow, Kizzy)
November 9, 2012 Filing 407 NOTICE OF CHANGE OF ADDRESS by William P Weintraub on behalf of 10 Michael Drive Associates, L.P., 125 Bethpage Associates, 45 South Service Road, LLC, 500 Bi-County Associates, L.P., ARC-BDG Setauket Enterprise, B-4 Partnership, BCC II, LLC, BDG 115 Broadhollow, L.P., BDG 125th Street, LLC, BDG Commack, LLC, BDG Construction Corp., BDG DWD Associates, LLC, BDG Daniel Street, LLC, BDG Deer Park Associates, LLC, BDG Kingsbridge, LLC, BDG Lake Grove I, LLC, BDG Larkfield Associates, LLC, BDG Piscataway, LLC, BDG Yaphank, LLC, BWI, Blumco Setauket, LLC, Blumenfeld Development Group, Ltd., Boxwood Realty Group, Brad Blumenfeld Charitable Lead Trust, Brad Blumenfeld Farmingdale Trust, Brad Blumenfeld, individually, and as Trustee, Bull Market Fund, Charleston Enterprises, LLC, Coblum Setauket, LLC, DWD Associates, LLC, Daniel Land Co. LLC, David Blumenfeld Farmingdale Trust, David Blumenfeld, individually, and as Trustee, Dogwood Realty Group, Double B Squared LLC, EDB Capital, LLC, Edward Blumenfeld Gerald Y Mordfin et al, Edward Blumenfeld and Susan Blumenfeld, Edward Blumenfeld and Susan Blumenfeld 2007 Charitable Lead Trust, Edward Blumenfeld et al, Edward Blumenfeld et al II, Edward Blumenfeld, individually, and as Trustee, Edward and Susan Blumenfeld Charitable Lead Trust, Gotham Plaza Associates, LLC, Harvey Cohen, individually, and as Trustee, Jeffrey Hinte, LaGuardia Corporate Center Associates, L.P., LaGuardia Corporate Center Associates, LLC, Robert Nystrom, South Sea Holdings L.P., Susan Blumenfeld GST Trust, Susan Blumenfeld Interiors, Ltd., Susan Blumenfeld, individually, and as Trustee, The Brad Blumenfeld Family Foundation, The David Blumenfeld Family Trust, The Edward and Susan Blumenfeld Foundation, Trust f/b/o Brad Blumenfeld, Trust f/b/o David Blumenfeld, Trust f/b/o Susan Blumenfeld. New Address: Stutman Treister & Glatt P.C., 600 Third Avenue, Second Floor, New York, New York, US 10016, (646) 571-2477. (Weintraub, William)
November 7, 2012 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 11/7/2012. (Kotowski, Linda)
November 1, 2012 Filing 406 NOTICE OF APPEARANCE by Robert Joel Lack on behalf of CDP Capital Tactical Alternative Investments, Multi-Strategy Fund Limited (Lack, Robert)
October 24, 2012 Filing 405 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION proceeding held on 10/15/2012 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...(Moya, Goretti)
October 24, 2012 Filing 404 TRANSCRIPT of Proceedings re: MOTION held on 10/15/2012 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Jerry Harrison, (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 11/19/2012. Redacted Transcript Deadline set for 11/29/2012. Release of Transcript Restriction set for 1/25/2013.(Moya, Goretti)
October 22, 2012 Filing 403 CERTIFICATE OF SERVICE of Richard V. Conza re #398 , #399 on October 19, 2012. Service was made by CM/ECF Notification and Email. Document filed by Financial Institution Defendants. (Moloney, Thomas)
October 22, 2012 Filing 402 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/12/12 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...(Moya, Goretti)
October 22, 2012 Filing 401 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/12/2012 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Thomas Murray, (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 11/16/2012. Redacted Transcript Deadline set for 11/29/2012. Release of Transcript Restriction set for 1/25/2013.(Moya, Goretti)
October 19, 2012 Filing 400 REPLY MEMORANDUM OF LAW in Support re: #259 MOTION to Dismiss.. Document filed by Remaining 546(e) Parties. (Serino, Joseph)
October 19, 2012 Filing 399 NOTICE of Designation of Lead Counsel for Customer Defendants and Financial Institution Defendants Pursuant to Order of the Court Entered on May 15, 2012.. Document filed by Financial Institution Defendants. (Moloney, Thomas)
October 19, 2012 Filing 398 REPLY MEMORANDUM OF LAW in Support re: #256 MOTION to Dismiss /Notice of Motion to Dismiss, dated July 27, 2012.. Document filed by Financial Institution Defendants. (Moloney, Thomas)
October 17, 2012 Filing 397 NOTICE OF CHANGE OF ADDRESS by Emily Abrahams on behalf of Bank of Hapoalim. New Address: Cooley LLP, 1114 Avenue of Americas, New York, NY, USA 10036, 212 479-6000. (Abrahams, Emily)
October 17, 2012 Filing 396 NOTICE OF CHANGE OF ADDRESS by Scott Sonny Balber on behalf of Bank of Hapoalim. New Address: Cooley LLP, 1114 Avenue of Americas, New York, NY, USA 10036, 212 479-6000. (Balber, Scott)
October 15, 2012 Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument held on 10/15/2012 re: #271 Memorandum of Law in Support of Motion,, filed by Fairfield Greenwich Limited, Fairfield Greenwich (UK) Limited, Fairfield Heathcliff Capital LLC, Charles Murphy, Andrew Smith, Jacqueline Harary, Harold Greisman, Fairfield International Managers, Inc., Corina Noel Piedrahita, Fairfield Greenwich Advisors LLC, Lourdes Barreneche, Chester Management Cayman Limited, Fairfield Greenwich (Bermuda) Limited, Gordon Mackenzie, Santiago Reyes, Daniel Lipton, Philip Toub, Mark McKeefrey, Richard Landsberger, #270 MOTION to Dismiss re: 114 Order. filed by Fairfield Greenwich Limited, Fairfield Greenwich (UK) Limited, Fairfield Heathcliff Capital LLC, Charles Murphy, Andrew Smith, Jacqueline Harary, Harold Greisman, Fairfield International Managers, Inc., Corina Noel Piedrahita, Lourdes Barreneche, Fairfield Greenwich Advisors LLC, Chester Management Cayman Limited, Fairfield Greenwich (Bermuda) Limited, Gordon Mackenzie, Santiago Reyes, Daniel Lipton, Philip Toub, Mark McKeefrey, Richard Landsberger, #269 Memorandum of Law filed by Stephanie S. Mack, Deborah Madoff. (Kotowski, Linda)
October 15, 2012 Opinion or Order Filing 395 CONSENT ORDER: On consent of (i) the defendants listed herein and on Exhibit A hereto (collectively, the ''Defendants"), (ii) Irving H. Picard, as Trustee (the "Trustee") for the substantively consolidated liquidation proceedings of Bernard L. Madoff Investment Securities LLC under the Securities Investor Protection Act, and (iii) the Securities Investor Protection Corporation ("SIPC", together with the Defendants and the Trustee, the "Parties''), the Parties agree as follows as further set forth herein. (Signed by Judge Jed S. Rakoff on 10/11/2012) (ago)
October 12, 2012 Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument held on 10/12/2012 re: #286 MOTION to Dismiss on Behalf of Leverage Providers. filed by ABN AMRO Retained Custodial Services (Ireland) Limited, ABN AMRO Custodial Services (Ireland) Ltd., ABN AMRO Bank (Ireland) Ltd. (f/k/a Fortis Prime Fund Solutions Bank (Ireland) Ltd.), #282 MOTION to Dismiss /SUPPLEMENTAL GOOD FAITH STANDARD BRIEFING ON BEHALF OF CERTAIN SERVICE PROVIDERS SEEKING DISMISSAL OF AVOIDANCE AND RECOVERY CLAIMS. filed by Unicredit Bank Austria AG. (Kotowski, Linda)
October 12, 2012 Filing 394 NOTICE OF CHANGE OF ADDRESS by Adam B. Oppenheim on behalf of Irving H. Picard. New Address: Baker Hostetler LLP, 45 Rockefeller Plaza, New York, NY, 10111, 212-589-4200. (Oppenheim, Adam)
October 12, 2012 Filing 393 NOTICE OF APPEARANCE by Adam B. Oppenheim on behalf of Irving H. Picard (Oppenheim, Adam)
October 11, 2012 Filing 392 NOTICE OF APPEARANCE by Kenneth Walter Lipman on behalf of richard Spring, The Jeanne T. Spring Trust, The Spring Family Trust (Lipman, Kenneth)
October 11, 2012 Filing 391 NOTICE OF APPEARANCE by James N Lawlor on behalf of Maxam Absolute Return Fund, LP (Lawlor, James)
October 11, 2012 Filing 390 NOTICE OF APPEARANCE by Jason Andrew Kolbe on behalf of ABN AMRO Bank (Ireland) Ltd. (f/k/a Fortis Prime Fund Solutions Bank (Ireland) Ltd.), ABN AMRO Custodial Services (Ireland) Ltd., ABN AMRO Retained Custodial Services (Ireland) Limited (Kolbe, Jason)
October 10, 2012 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 10/10/2012. (Kotowski, Linda)
October 9, 2012 Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument held on 10/9/2012 re: #231 MOTION to Dismiss (Consolidated) the Trustee's Counts for Disallowance of Customer Claims Based on Section 502(d) of the Bankruptcy Code filed by Defendants Cardinal Managment, Inc., Dakota Global Investments, Ltd., Herald Fund SPC, Joint Liqu MOTION to Dismiss (Consolidated) the Trustee's Counts for Disallowance of Customer Claims Based on Section 502(d) of the Bankruptcy Code filed by Defendants Cardinal Managment, Inc., Dakota Global Investments, Ltd., Herald Fund SPC, Joint Liqu filed by Cardinal Management, Inc., Dakota Global Investments, Ltd.. (Kotowski, Linda)
October 5, 2012 Filing 389 DECLARATION of Yavar Bathaee in Support re: #387 MOTION to Dismiss.. Document filed by Subsequent Transferee Defendants. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Lacy, Robinson)
October 5, 2012 Filing 388 MEMORANDUM OF LAW in Support re: #387 MOTION to Dismiss.. Document filed by Subsequent Transferee Defendants. (Lacy, Robinson)
October 5, 2012 Filing 387 MOTION to Dismiss. Document filed by Subsequent Transferee Defendants.(Lacy, Robinson)
October 5, 2012 Filing 386 DECLARATION of Adam A. Shajnfeld in Support re: #382 MOTION to Dismiss dated October 5, 2012.. Document filed by Subsequent Transferee Defendants. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G Part 1, #8 Exhibit G Part 2, #9 Exhibit H)(Boccuzzi, Carmine)
October 5, 2012 Filing 385 NOTICE of Designation of Lead Counsel re: #114 Order, Set Deadlines/Hearings,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,. Document filed by Lourdes Barreneche, Chester Management Cayman Limited, Fairfield Greenwich (Bermuda) Limited, Fairfield Greenwich (UK) Limited, Fairfield Greenwich Advisors LLC, Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Fairfield International Managers, Inc., Harold Greisman, Jacqueline Harary, Richard Landsberger, Daniel Lipton, Gordon Mackenzie, Mark McKeefrey, Charles Murphy, Corina Noel Piedrahita, Santiago Reyes, Andrew Smith, Philip Toub. (Cunha, Mark)
October 5, 2012 Filing 384 MEMORANDUM OF LAW in Support re: #382 MOTION to Dismiss dated October 5, 2012.. Document filed by Subsequent Transferee Defendants. (Boccuzzi, Carmine)
October 5, 2012 Filing 383 REPLY MEMORANDUM OF LAW in Support re: #270 MOTION to Dismiss re: 114 Order.. Document filed by Lourdes Barreneche, Chester Management Cayman Limited, Fairfield Greenwich (Bermuda) Limited, Fairfield Greenwich (UK) Limited, Fairfield Greenwich Advisors LLC, Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Fairfield International Managers, Inc., Harold Greisman, Jacqueline Harary, Richard Landsberger, Daniel Lipton, Gordon Mackenzie, Mark McKeefrey, Charles Murphy, Corina Noel Piedrahita, Santiago Reyes, Andrew Smith, Philip Toub. (Cunha, Mark)
October 5, 2012 Filing 382 MOTION to Dismiss dated October 5, 2012. Document filed by Subsequent Transferee Defendants.(Boccuzzi, Carmine)
October 5, 2012 Filing 381 REPLY MEMORANDUM OF LAW in Support re: #327 MOTION to Dismiss Notice of Motion to Dismiss the Amended Complaint Pursuant to Section 546(g) of the Bankruptcy Code. MOTION to Dismiss Notice of Motion to Dismiss the Amended Complaint Pursuant to Section 546(g) of the Bankruptcy Code.. Document filed by ABN AMRO Bank N.V.(The Royal Bank of Scotland N.V.). (Feldberg, Michael)
October 5, 2012 Filing 380 NOTICE of \Designation of Lead Counsel for Initial Transferee Defendants and Subsequent Transferee Defendants Pursuant to Order of the Court Entered on June 23, 2012. Document filed by Good Faith Defendants. (Boccuzzi, Carmine)
October 5, 2012 Filing 379 NOTICE of Designation of Lead Counsel for Certain Standing and SLUSA Withdrawal Defendants as to whom the Trustee asserts the applicability of the "Insder Exception" Purusant to the Order of the Court dated May 15, 2012. Document filed by Stephanie S. Mack, Deborah Madoff. (Levine, Alan)
October 5, 2012 Filing 378 REPLY MEMORANDUM OF LAW Reply Memorandum of Law Regarding the Applicability of the "Insider Exception" to the In Pari Delicto Doctrine. Document filed by Stephanie S. Mack, Deborah Madoff. (Levine, Alan)
October 3, 2012 Filing 377 MEMORANDUM OF LAW in Opposition to Defendants' Motion to Withdraw the Reference. Document filed by Irving H. Picard. (Attachments: #1 Affidavit of Service)(Sheehan, David)
October 3, 2012 Filing 376 BRIEF Memorandum of Law of the Securities Investor Protection Corporation in Opposition to Defendants' Motion to Withdraw the Reference. Document filed by Securities Investor Protection Corporation. (Attachments: #1 Affidavit of Service)(Bell, Kevin)
October 3, 2012 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #374 MOTION for Kimberly Perrotta Cole to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7869177. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (pgu)
October 2, 2012 Filing 375 NOTICE OF APPEARANCE by John Han on behalf of Suzanne Hammond, April Bukofser Manzke, Sandra L. Manzke, Walker Manzke, Maxam Absolute Return Fund Limited, Maxam Capital GP LLC, Maxam Capital Management LLC, Sandra L. Manzke Revocable Trust (Han, John)
October 2, 2012 Filing 374 MOTION for Kimberly Perrotta Cole to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7869177. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Suzanne Hammond, April Bukofser Manzke, Sandra L. Manzke, Walker Manzke, Maxam Absolute Return Fund Limited, Maxam Capital GP LLC, Maxam Capital Management LLC, Sandra L. Manzke Revocable Trust. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)(Cole, Kimberly)
October 1, 2012 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 10/1/2012. (Kotowski, Linda)
October 1, 2012 Opinion or Order Filing 373 ORDER: Defendant Access Management Luxembourg, S.A. has moved to withdraw the reference to the Bankruptcy Court of the adversarial proceeding brought against them by Irving H. Picard ("the Trustee"), the trustee of Bernard L. Madoff Investment Securities LLC ("Madoff Securities"). After carefully considering the parties' written submissions and oral argument, the Court hereby grants Access Management's motion to withdraw the reference on the China Trade issue and denies the motion to withdraw the reference on the issue of personal jurisdiction. An opinion explaining the reasons for this ruling will issue in due course. Briefing on the China Trade issue will be deferred pending adjudication of the personal jurisdiction issue in the Bankruptcy Court. The Clerk of the Court is hereby ordered to close item number 1 on the docket of 12 Civ. 5597. (Signed by Judge Jed S. Rakoff on 9/27/2012) (ja)
October 1, 2012 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #368 MOTION for Bryan Krakauer to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7861946. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (pgu)
September 29, 2012 Filing 372 CERTIFICATE OF SERVICE of Trustee's Memorandum of Law in Opposition. Document filed by Irving H. Picard. (Attachments: #1 Service List)(Warshavsky, Oren)
September 29, 2012 Filing 371 AFFIDAVIT OF SERVICE of Trustee's Memorandum of Law in Opposition to Memorandum of Law in Support of Consolidated Motion to Dismiss The Trustee's Claims Against BLMIS Customers and Others That Are Precluded by Section 546(e) of The Bankruptcy Code and Consolidated Memorandum of Law on Behalf of Financial Institution Defendants with Respect to The Issues Raised By Order of The Court Dated May 15, 2012. Document filed by Irving H. Picard. (Simon, Howard)
September 28, 2012 Filing 370 MEMORANDUM OF LAW in Opposition re: #259 MOTION to Dismiss., #256 MOTION to Dismiss /Notice of Motion to Dismiss, dated July 27, 2012., #289 AMENDED MOTION to Dismiss. Trustee's Memorandum of Law in Opposition to Memorandum of Law in Support of Consolidated Motion to Dismiss The Trustee's Claims Against BLMIS Customers and Others That Are Precluded by Section 546(e) of The Bankruptcy Code and Consolidated Memorandum of Law on Behalf of Financial Institution Defendants with Respect to The Issues Raised By Order of The Court Dated May 15, 2012. Document filed by Irving H. Picard. (Warshavsky, Oren)
September 28, 2012 Filing 369 REPLY MEMORANDUM OF LAW in Support re: #231 MOTION to Dismiss (Consolidated) the Trustee's Counts for Disallowance of Customer Claims Based on Section 502(d) of the Bankruptcy Code filed by Defendants Cardinal Managment, Inc., Dakota Global Investments, Ltd., Herald Fund SPC, Joint Liqu MOTION to Dismiss (Consolidated) the Trustee's Counts for Disallowance of Customer Claims Based on Section 502(d) of the Bankruptcy Code filed by Defendants Cardinal Managment, Inc., Dakota Global Investments, Ltd., Herald Fund SPC, Joint Liqu. Document filed by Cardinal Management, Inc., Dakota Global Investments, Ltd.. (Butler, Jeff)
September 28, 2012 Filing 368 MOTION for Bryan Krakauer to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7861946. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by KBC Investments Ltd.. (Attachments: #1 Exhibit 1- Certificate of Good Standing, #2 Text of Proposed Order to Admit Bryan Krakauer)(Krakauer, Bryan)
September 28, 2012 Filing 367 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #304 AMENDED MOTION to Dismiss / Corrected Notice of Motion to Dismiss on Behalf of Alleged Initial Transferees Who Were "Net Losers" and on Behalf of Alleged Subsequent Transferees of Net Losers. / Supplemental Reply Brief Addressing Good Faith Issues on Behalf of Alleged Initial Transferees Who Were "Net Losers" and on Behalf of Alleged Subsequent Transferees of Net Losers. Document filed by Geo Currencies S.A., Hermes International Fund Limited, Lagoon Investment Limited (for itself and as Trustee of the Lagoon Investment Trust), PICTET ET CIE, Thema Fund Limited, Thema International Fund PLC, Thema Wise Investments Limited. (Wiles, Michael)
September 28, 2012 Filing 366 REPLY MEMORANDUM OF LAW in Support re: #284 MOTION to Dismiss /SUPPLEMENTAL BRIEF OF NET LOSER INVESTMENT FUNDS IN SUPPORT OF THEIR MOTION TO DISMISS THE TRUSTEES CLAIMS UNDER 11 U.S.C. 548(a)(1)(A) and 510(c). MOTION to Dismiss /SUPPLEMENTAL BRIEF OF NET LOSER INVESTMENT FUNDS IN SUPPORT OF THEIR MOTION TO DISMISS THE TRUSTEES CLAIMS UNDER 11 U.S.C. 548(a)(1)(A) and 510(c). MOTION to Dismiss /SUPPLEMENTAL BRIEF OF NET LOSER INVESTMENT FUNDS IN SUPPORT OF THEIR MOTION TO DISMISS THE TRUSTEES CLAIMS UNDER 11 U.S.C. 548(a)(1)(A) and 510(c).. Document filed by Alpha Prime Fund Limited, Senator Fund SpA. (Duffy, Todd)
September 28, 2012 Filing 365 NOTICE of Designation of Lead Counsel for Section 502(d) Defendants Pursuant to Order of the Court Entered on June 1, 2012. Document filed by Cardinal Management, Inc., Dakota Global Investments, Ltd.. (Butler, Jeff)
September 28, 2012 Filing 364 REPLY MEMORANDUM OF LAW in Support re: #282 MOTION to Dismiss /SUPPLEMENTAL GOOD FAITH STANDARD BRIEFING ON BEHALF OF CERTAIN SERVICE PROVIDERS SEEKING DISMISSAL OF AVOIDANCE AND RECOVERY CLAIMS.. Document filed by Unicredit Bank Austria AG. (Velie, Franklin)
September 28, 2012 Filing 363 REPLY MEMORANDUM OF LAW re: #276 Memorandum of Law, SUPPLEMENTAL REPLY BRIEF ON BEHALF OF HEDGE FUND INVESTORS ON "GOOD FAITH" STANDARD. Document filed by Merrill Lynch Bank (Suisse) SA, Merrill Lynch International. (Yalowitz, Kent)
September 28, 2012 Filing 362 REPLY MEMORANDUM OF LAW in Support re: #286 MOTION to Dismiss on Behalf of Leverage Providers.. Document filed by ABN AMRO Bank (Ireland) Ltd. (f/k/a Fortis Prime Fund Solutions Bank (Ireland) Ltd.), ABN AMRO Custodial Services (Ireland) Ltd., ABN AMRO Retained Custodial Services (Ireland) Limited. (Harris, Christopher)
September 28, 2012 Filing 361 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #290 MOTION to Dismiss Claims Where The Trustee Has Pled No Individualized Allegations of "Willful Blindness".. Document filed by Good Faith Defendants. (Boccuzzi, Carmine)
September 28, 2012 Filing 360 BRIEF Memorandum of Law of the Securities Investor Protection Corporation Regarding Section 546(e) Issues Identified in the Court's Order of May 16, 2012. Document filed by Securities Investor Protection Corporation. (Attachments: #1 Affidavit of Service)(Bell, Kevin)
September 28, 2012 Opinion or Order Filing 359 ORDER: Defendant Access Management Luxembourg, S.A. has moved to withdraw the reference to the Bankruptcy Court of the adversarial proceeding brought against them by Irving H. Picard ("the Trustee"), the trustee of Bernard L. Madoff Investment Securities LLC ("Madoff Securities") appointed pursuant to the Securities Investor Protection Act ("SIPA"), 15 U.S.C. 78aaa et seq. After carefully considering the parties' written submissions and oral argument, the Court hereby grants Access Management's motion to withdraw the reference on the China Trade issue and denies the motion to withdraw the reference on the issue of personal jurisdiction. An opinion explaining the reasons for this ruling will issue in due course. Briefing on the China Trade issue will be deferred pending adjudication of the personal jurisdiction issue in the Bankruptcy Court. The Clerk of the Court is hereby ordered to close item number 1 on the docket of 11 Civ. 7576. (Signed by Judge Jed S. Rakoff on 9/27/2012) (ja)
September 28, 2012 Filing 358 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 9/21/12 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)
September 28, 2012 Filing 357 TRANSCRIPT of Proceedings re: ARGUMENT held on 9/21/2012 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Vincent Bologna, (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 10/22/2012. Redacted Transcript Deadline set for 11/1/2012. Release of Transcript Restriction set for 1/2/2013.(McGuirk, Kelly)
September 25, 2012 Filing 356 MEMORANDUM OF LAW in Opposition re: #327 MOTION to Dismiss Notice of Motion to Dismiss the Amended Complaint Pursuant to Section 546(g) of the Bankruptcy Code. MOTION to Dismiss Notice of Motion to Dismiss the Amended Complaint Pursuant to Section 546(g) of the Bankruptcy Code.. Document filed by Securities Investor Protection Corporation. (Attachments: #1 Affidavit of Service)(Bell, Kevin)
September 24, 2012 Filing 355 MEMORANDUM OF LAW in Opposition to the Defendants' Supplemental Briefs Regarding the Standard for the "Good Faith" Affirmative Defense (Corrected). Document filed by Irving H. Picard. (Warshavsky, Oren)
September 21, 2012 Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument held on 9/21/2012 re: #234 MOTION to Dismiss by Extraterritorial Defendants. filed by Pioneer Global Asset Management S.p.A., UniCredit S.p.A., Pioneer Alternative Investment Management Ltd., #312 Joinder, filed by Irving H. Picard, #236 Declaration in Support of Motion, filed by Pioneer Global Asset Management S.p.A., UniCredit S.p.A., Pioneer Alternative Investment Management Ltd., #235 Memorandum of Law in Support of Motion filed by Pioneer Global Asset Management S.p.A., UniCredit S.p.A., Pioneer Alternative Investment Management Ltd., #309 Memorandum of Law in Opposition to Motion filed by Securities Investor Protection Corporation, #322 Reply Memorandum of Law in Support of Motion filed by Bank J. Safra (Gibraltar) Limited, Banque J. Safra (Suisse) SA f/k/a Banque Jacob Safra (Suisse) SA, #167 Order, Set Deadlines/Hearings,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, , #310 Memorandum of Law in Opposition to Motion filed by Irving H. Picard, #311 Joinder filed by Irving H. Picard. (Kotowski, Linda)
September 19, 2012 Filing 354 JOINDER to join re: #350 Memorandum of Law in Opposition to Defendant Betty Klein's Application for an Order Allowing District Court's Consideration of Motion Seeking Withdrawal of the Reference. Document filed by Securities Investor Protection Corporation. (Attachments: #1 Affidavit of Service)(Bell, Kevin)
September 19, 2012 Filing 353 AFFIDAVIT of Laura Campbell in Opposition. Document filed by Irving H. Picard. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Warshavsky, Oren)
September 19, 2012 Filing 352 DECLARATION of Oren J. Warshavsky in Opposition. Document filed by Irving H. Picard. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Warshavsky, Oren)
September 19, 2012 Filing 351 MEMORANDUM OF LAW in Opposition re: #114 Order, Set Deadlines/Hearings,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Note to Attorney to Re-File Document - Event Type Error, Memorandum of Law of the Securities Investor Protection Corporation Regarding Standing and SLUSA Issues Identified in the Court's Order of May 15, 2012. Document filed by Securities Investor Protection Corporation. (Attachments: #1 Affidavit of Service)(Bell, Kevin)
September 19, 2012 Filing 350 MEMORANDUM OF LAW in Opposition to Defendant Betty Klein's Application for an Order Allowing District Court's Consideration of Motion Seeking Withdrawal of the Reference. Document filed by Irving H. Picard. (Warshavsky, Oren)
September 14, 2012 Filing 349 JOINDER to join re: #347 Memorandum of Law in Opposition, to the Defendants' Supplemental Briefs Regarding the Standard for the "Good Faith" Affirmative Defense. Document filed by Irving H. Picard. (Attachments: #1 Certificate of Service)(Lunn, Matthew)
September 14, 2012 Filing 348 JOINDER to join re: #347 Memorandum of Law in Opposition,. Document filed by Irving H. Picard. (Attachments: #1 Exhibit A, #2 Affidavit of Service)(Simon, Howard)
September 14, 2012 Filing 347 MEMORANDUM OF LAW in Opposition to the Defendants' Supplemental Briefs Regarding the Standard for the "Good Faith" Affirmative Defense. Document filed by Irving H. Picard. (Attachments: #1 Affidavit of Service)(Warshavsky, Oren)
September 14, 2012 Filing 346 BRIEF re: #243 Brief, BLMIS Customers' Consolidated Reply Brief Responding to the Good Faith Issues Raised by Order of the Court Entered on June 25, 2012. Document filed by Alpha Prime Fund Limited.(Duffy, Todd)
September 14, 2012 Filing 345 BRIEF re: #242 Brief, #324 Memorandum of Law in Opposition, #320 Brief Consolidated Reply Brief on Behalf of Subsequent Transferee Defendants Responding to the Good Faith Standard Issues Raised by Order of the Court Dated June 23, 2012. Document filed by Subsequent Transferee Defendants.(Fisher, Eric)
September 14, 2012 Filing 344 MEMORANDUM OF LAW in Opposition to the Memorandum of Law Filed on Behalf of Stephanie Mack and Deborah Madoff Regarding the Applicability of the "Insider Exception" to the In Pari Delicto Doctrine as Raised By Order of the Court Entered On May 15, 2012. Document filed by Irving H. Picard. (Attachments: #1 Affidavit of Service)(Sheehan, David)
September 14, 2012 Filing 343 MEMORANDUM OF LAW in Opposition re: #4 Order,,,,,,,,,, #142 Joinder, #203 Consent Order,, #141 Brief. Document filed by Irving H. Picard. (Attachments: #1 Exhibit A, #2 Affidavit of Service)(Simon, Howard)
September 14, 2012 Filing 342 MEMORANDUM OF LAW in Opposition to the Consolidated Brief on Behalf of the Standing and SLUSA Withdrawal Defendants Regarding Issues Raised by Order of the Court Entered on May 15, 2012. Document filed by Irving H. Picard. (Attachments: #1 Affidavit of Service)(Kornfeld, Mark)
September 14, 2012 Filing 341 BRIEF Supplemental Memorandum of Law of the Securities Investor Protection Corporation Addressing the Good Faith Issues. Document filed by Securities Investor Protection Corporation. (Attachments: #1 Affidavit of Service)(Bell, Kevin)
September 14, 2012 Filing 340 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - BRIEF Memorandum of Law of SIPC Regarding Standing and SLUSA Issues Identified in the Court's Order of May 15, 2012. Document filed by Securities Investor Protection Corporation. (Attachments: #1 Certificate of Service)(Bell, Kevin) Modified on 9/14/2012 (ka).
September 14, 2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Howard L. Simon to RE-FILE Document #339 Joinder. Use the event type Memorandum of Law in Opposition(non-motion) found under the event list Other Answers. (ka)
September 14, 2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Kevin H. Bell to RE-FILE Document #340 Brief. Use the event type Memorandum of Law in Opposition(non-motion) found under the event list Other Answers. (ka)
September 13, 2012 Filing 339 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SUPPLEMENTAL JOINDER to join re: #142 Joinder, #203 Consent Order,, #141 Brief Trustee's Memorandum of Law in Opposition to Consolidated Brief on Behalf of Stern Withdrawal Defendant. Document filed by Irving H. Picard. (Attachments: #1 Exhibit A, #2 Affidavit of Service)(Simon, Howard) Modified on 9/14/2012 (ka).
September 13, 2012 Filing 338 AFFIDAVIT OF SERVICE of Joinder to the Trustees Memorandum of Law in Opposition to Consolidated Motion to Dismiss the Trustees Counts for Disallowance of Customer Claims Pursuant to Section 502(d) of the Bankruptcy Code. Document filed by Irving H. Picard. (Simon, Howard)
September 12, 2012 Filing 337 JOINDER to join re: #336 Memorandum of Law in Opposition to Motion,,. Document filed by Irving H. Picard. (Attachments: #1 Exhibit A)(Simon, Howard)
September 12, 2012 Filing 336 MEMORANDUM OF LAW in Opposition re: #231 MOTION to Dismiss (Consolidated) the Trustee's Counts for Disallowance of Customer Claims Based on Section 502(d) of the Bankruptcy Code filed by Defendants Cardinal Managment, Inc., Dakota Global Investments, Ltd., Herald Fund SPC, Joint Liqu MOTION to Dismiss (Consolidated) the Trustee's Counts for Disallowance of Customer Claims Based on Section 502(d) of the Bankruptcy Code filed by Defendants Cardinal Managment, Inc., Dakota Global Investments, Ltd., Herald Fund SPC, Joint Liqu. Document filed by Irving H. Picard. (Attachments: #1 Affidavit of Service)(Warshavsky, Oren)
September 12, 2012 Filing 335 MEMORANDUM OF LAW in Opposition re: #231 MOTION to Dismiss (Consolidated) the Trustee's Counts for Disallowance of Customer Claims Based on Section 502(d) of the Bankruptcy Code filed by Defendants Cardinal Managment, Inc., Dakota Global Investments, Ltd., Herald Fund SPC, Joint Liqu MOTION to Dismiss (Consolidated) the Trustee's Counts for Disallowance of Customer Claims Based on Section 502(d) of the Bankruptcy Code filed by Defendants Cardinal Managment, Inc., Dakota Global Investments, Ltd., Herald Fund SPC, Joint Liqu. Document filed by Securities Investor Protection Corporation. (Attachments: #1 Affidavit of service)(Bell, Kevin)
September 10, 2012 Filing 334 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a argument proceeding held on 8/20/12 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)
September 10, 2012 Filing 333 TRANSCRIPT of Proceedings re: ARGUMENT held on 8/20/2012 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Eve Giniger, (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 10/4/2012. Redacted Transcript Deadline set for 10/15/2012. Release of Transcript Restriction set for 12/13/2012.(McGuirk, Kelly)
September 7, 2012 Filing 332 NOTICE OF APPEARANCE by Stephanie R Feld on behalf of Pioneer Alternative Investment Management Ltd., Pioneer Global Asset Management S.p.A., UniCredit S.p.A. (Feld, Stephanie)
September 7, 2012 Filing 331 NOTICE OF APPEARANCE by Jeremy A. Berman on behalf of Pioneer Alternative Investment Management Ltd., Pioneer Global Asset Management S.p.A., UniCredit S.p.A. (Berman, Jeremy)
September 7, 2012 Filing 330 NOTICE OF APPEARANCE by Susan Leslie Saltzstein on behalf of Pioneer Alternative Investment Management Ltd., Pioneer Global Asset Management S.p.A., UniCredit S.p.A. (Saltzstein, Susan)
September 5, 2012 Filing 329 DECLARATION of Michael S. Feldberg in Support re: #327 MOTION to Dismiss Notice of Motion to Dismiss the Amended Complaint Pursuant to Section 546(g) of the Bankruptcy Code. MOTION to Dismiss Notice of Motion to Dismiss the Amended Complaint Pursuant to Section 546(g) of the Bankruptcy Code.. Document filed by ABN AMRO Bank N.V.(The Royal Bank of Scotland N.V.). (Attachments: #1 Exhibit A, #2 Exhibit B (Part 1), #3 Exhibit B (Part 2))(Feldberg, Michael)
September 5, 2012 Filing 328 MEMORANDUM OF LAW in Support re: #327 MOTION to Dismiss Notice of Motion to Dismiss the Amended Complaint Pursuant to Section 546(g) of the Bankruptcy Code. MOTION to Dismiss Notice of Motion to Dismiss the Amended Complaint Pursuant to Section 546(g) of the Bankruptcy Code.. Document filed by ABN AMRO Bank N.V.(The Royal Bank of Scotland N.V.). (Feldberg, Michael)
September 5, 2012 Filing 327 MOTION to Dismiss Notice of Motion to Dismiss the Amended Complaint Pursuant to Section 546(g) of the Bankruptcy Code. Document filed by ABN AMRO Bank N.V.(The Royal Bank of Scotland N.V.). Responses due by 9/25/2012 Return Date set for 11/1/2012 at 05:00 PM.(Feldberg, Michael)
August 31, 2012 Filing 326 JOINDER to join re: #324 Memorandum of Law in Opposition,. Document filed by Irving H. Picard. (Attachments: #1 Exhibit A, #2 Affidavit of Service)(Simon, Howard)
August 31, 2012 Filing 325 JOINDER to join re: #324 Memorandum of Law in Opposition, to the (1) BLMIS Customers Consolidated Brief Responding to Good Faith Issues; and (2) Consolidated Brief on Behalf of Subsquent Transfereee Defendants Responding to The Good Faith S tandard Issues. Document filed by Irving H. Picard. (Attachments: #1 Certificate of Service)(Lunn, Matthew)
August 31, 2012 Filing 324 MEMORANDUM OF LAW in Opposition to Memorandum of in Opposition to the (1) BLMIS Customers Consolidated Brief Responding to Good Faith Issues; and (2) Consolidated Brief on Behalf of Subsquent Transfereee Defendants Responding to The Good Faith Standard Issues. Document filed by Irving H. Picard. (Warshavsky, Oren)
August 31, 2012 Filing 323 NOTICE of Designation of Lead Counsel re: #167 Order, Set Deadlines/Hearings,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,. Document filed by Extraterritoriality Defendants Defined in the Consolidated Memorandum of Law in Support of the Extraterritoriality Defendants' Motion to Dismiss as Ordered by the Court on June 6, 2012. (Velie, Franklin)
August 31, 2012 Filing 322 REPLY MEMORANDUM OF LAW in Support re: #234 MOTION to Dismiss by Extraterritorial Defendants.. Document filed by Bank J. Safra (Gibraltar) Limited, Banque J. Safra (Suisse) SA f/k/a Banque Jacob Safra (Suisse) SA. (Fritsch, Joshua)
August 31, 2012 Filing 321 NOTICE OF APPEARANCE by Joshua John Fritsch on behalf of Bank J. Safra (Gibraltar) Limited, Safra National Bank of New York, Banque J. Safra (Suisse) SA f/k/a Banque Jacob Safra (Suisse) SA (Fritsch, Joshua)
August 31, 2012 Filing 320 BRIEF Memorandum of Law of the Securities Investor Protection Corporation Addressing the Good Faith Issues. Document filed by Securities Investor Protection Corporation. (Attachments: #1 Affidavit of Service)(Bell, Kevin)
August 30, 2012 Filing 319 MOTION for Lawrence Robert Velvel to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7773914. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lawrence Robert Velvel.(Velvel, Lawrence)
August 30, 2012 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #319 MOTION for Lawrence Robert Velvel to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-7773914. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (pgu)
August 29, 2012 Filing 318 NOTICE OF CHANGE OF ADDRESS by Nathanael Stephen Kelley on behalf of Securities Investor Protection Corporation. New Address: Securities Investor Protection Corporation, 805 15th Street, N.W., Suite 800, Washington, DC, United States 20005, 202-371-8300. (Kelley, Nathanael)
August 28, 2012 Filing 317 DECLARATION of Christopher R. Harris -- Supplemental Declaration in Support re: #247 MOTION to Dismiss the Amended Complaint Based on Section 546(g) of the Bankruptcy Code. MOTION to Dismiss the Amended Complaint Based on Section 546(g) of the Bankruptcy Code.. Document filed by ABN AMRO Bank (Ireland) Ltd. (f/k/a Fortis Prime Fund Solutions Bank (Ireland) Ltd.), ABN AMRO Custodial Services (Ireland) Ltd., ABN AMRO Retained Custodial Services (Ireland) Limited. (Harris, Christopher)
August 28, 2012 Filing 316 REPLY MEMORANDUM OF LAW in Support re: #247 MOTION to Dismiss the Amended Complaint Based on Section 546(g) of the Bankruptcy Code. MOTION to Dismiss the Amended Complaint Based on Section 546(g) of the Bankruptcy Code.. Document filed by ABN AMRO Bank (Ireland) Ltd. (f/k/a Fortis Prime Fund Solutions Bank (Ireland) Ltd.), ABN AMRO Custodial Services (Ireland) Ltd., ABN AMRO Retained Custodial Services (Ireland) Limited. (Harris, Christopher)
August 24, 2012 Filing 315 AMENDED MOTION to Dismiss . Corrected Motion to Dismiss Re: 270 MOTION. Document filed by Lourdes Barreneche, Chester Management Cayman Limited, Fairfield Greenwich (Bermuda) Limited, Fairfield Greenwich (UK) Limited, Fairfield Greenwich Advisors LLC, Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Fairfield International Managers, Inc., Harold Greisman, Jacqueline Harary, Richard Landsberger, Daniel Lipton, Gordon Mackenzie, Mark McKeefrey, Charles Murphy, Corina Noel Piedrahita, Santiago Reyes, Andrew Smith, Philip Toub. Responses due by 9/14/2012 Return Date set for 10/15/2012 at 04:00 PM.(Cunha, Mark)
August 22, 2012 Opinion or Order Filing 314 ORDER: IT IS HEREBY ORDERED AS FOLLOWS: 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 Section 550(a) Defendants for the limited purpose of hearing and determining the Section 550(a) Issues. Except as otherwise provided herein or in other orders of this Court, the reference to the Bankruptcy Court is otherwise maintained for all other purposes. The Trustee and SIPC are deemed to have raised, in response to all pending motions for withdrawal of the reference based on the Section 550(a) Issues, all arguments previously raised by either or both of them in opposition to all such motions granted by the Section 550(a) Withdrawal Ruling, and such objections or arguments are deemed to be overruled, solely with respect to the Section 550(a) Issues, for the reasons stated in the Section 550(a) Withdrawal Ruling. On or before October 5, 2012, the Section 550(a) Defendants shall file two motions to dismiss pursuant to Fed. R. Civ. P. 12 (made applicable to the Adversary Proceeding by Fed. R. Bankr. P. 70 12), each accompanied by a separate supporting memorandum of law not to exceed twenty-five (25) pages (together, the "Section 550(a) Motions to Dismiss"), which shall each address one of the separate Section 550(a) Issues. On or before November 2, 2012, the Trustee and SIPC may each file two memoranda of law in opposition to the Section 550(a) Motions to Dismiss, each not to exceed twenty-five (25) pages each (together, the "Section 550(a) Oppositions"). Young Conaway Stargatt & Taylor, LLP, which is conflicts counsel for the Trustee, and Windels Marx Lane & Mittendorf, LLP, which is special counsel to the Trustee, each may file two joinders, not to exceed two (2) pages each (excluding exhibits), to the Section 550(a) Oppositions or before November 3, 2012. The Section 550(a) Defendants shall file no more than two consolidated reply memoranda of law, not to exceed fifteen (15) pages, on or before November 16, 2012. On or before November 16, 2012, the Section 550(a) Defendants shall designate no more than two lead counsel to advocate their position at oral argument on the Hearing Date (as defined below), but any other attorney who wishes to be heard may appear and so request. The Court will hold oral argument on the Section 550(a) Motions to Dismiss on November 30, 2012, at 4:00 p.m. (the "Hearing Date"). ( Motions due by 10/5/2012., Responses due by 11/2/2012, Replies due by 11/16/2012., Oral Argument set for 11/30/2012 at 04:00 PM before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 8/21/2012) (jfe)
August 20, 2012 Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument held on 8/20/2012. (js)
August 20, 2012 Filing 313 NOTICE OF APPEARANCE by David Elbaum on behalf of Kathryn R. Siggins (Elbaum, David)
August 17, 2012 Filing 312 JOINDER to join re: #310 Memorandum of Law in Opposition to Motion to Dismiss Concerning Extraterritoriality as Ordered by the Court on June 6, 2012. Document filed by Irving H. Picard. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Lunn, Matthew)
August 17, 2012 Filing 311 JOINDER to join re: #310 Memorandum of Law in Opposition to Motion. Document filed by Irving H. Picard. (Attachments: #1 Exhibit A, #2 Affidavit of Service)(Simon, Howard)
August 17, 2012 Filing 310 MEMORANDUM OF LAW in Opposition re: #234 MOTION to Dismiss by Extraterritorial Defendants.. Document filed by Irving H. Picard. (Attachments: #1 Affidavit of Service)(Griffin, Regina)
August 17, 2012 Filing 309 MEMORANDUM OF LAW in Opposition re: #234 MOTION to Dismiss by Extraterritorial Defendants.. Document filed by Securities Investor Protection Corporation. (Attachments: #1 Certificate of Service)(Bell, Kevin)
August 17, 2012 Filing 308 NOTICE OF APPEARANCE by Mark David Richardson on behalf of HHI Investment Trust #2 (and related Defendants listed in Appendix A) (Richardson, Mark)
August 17, 2012 Filing 307 NOTICE OF APPEARANCE by Marcy Ressler Harris on behalf of HHI Investment Trust #2 (and related Defendants listed in Appendix A) (Harris, Marcy)
August 15, 2012 Filing 306 NOTICE of Withdrawal of Appearance of Sara A. Ricciardi. Document filed by Lourdes Barreneche, Chester Management Cayman Limited, Fairfield Greenwich (Bermuda) Limited, Fairfield Greenwich (UK) Limited, Fairfield Greenwich Advisors LLC, Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Fairfield International Managers, Inc., Harold Greisman, Jacqueline Harary, Richard Landsberger, Daniel Lipton, Gordon Mackenzie, Mark McKeefrey, Charles Murphy, Corina Noel Piedrahita, Santiago Reyes, Andrew Smith, Philip Toub. (Ricciardi, Sara)
August 15, 2012 Filing 305 NOTICE OF APPEARANCE by Parvin Kristy Aminolroaya on behalf of Elbert R. Brown Trust (and related Defendants listed in Appendix A) (Aminolroaya, Parvin)
August 14, 2012 Filing 304 AMENDED MOTION to Dismiss / Corrected Notice of Motion to Dismiss on Behalf of Alleged Initial Transferees Who Were "Net Losers" and on Behalf of Alleged Subsequent Transferees of Net Losers. Document filed by Geo Currencies S.A., Hermes International Fund Limited, Lagoon Investment Limited (for itself and as Trustee of the Lagoon Investment Trust), PICTET ET CIE, Thema Fund Limited, Thema International Fund PLC, Thema Wise Investments Limited. Return Date set for 10/12/2012 at 04:00 PM.(Wiles, Michael)
August 14, 2012 Filing 303 NOTICE OF APPEARANCE by Jennifer Leigh Young on behalf of Gerald Blumenthal (and related Defendants listed in Appendix A to the Blumenthal Notice of Appearance) (Young, Jennifer)
August 14, 2012 Filing 302 NOTICE OF APPEARANCE by Jerilin Buzzetta on behalf of Citibank North America, Inc., Citibank, N.A., Citigroup Global Markets Limited (Buzzetta, Jerilin)
August 14, 2012 Filing 301 NOTICE OF APPEARANCE by David Yury Livshiz on behalf of Citibank North America, Inc., Citibank, N.A., Citigroup Global Markets Limited (Livshiz, David)
August 14, 2012 Filing 300 NOTICE OF APPEARANCE by Carmine D. Boccuzzi, Jr on behalf of Citibank, N.A., Citibank North America, Inc., Citigroup Global Markets Limited (Boccuzzi, Carmine)
August 14, 2012 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #299 Notice of Appeal. (tp)
August 14, 2012 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #120 Consent Order, #116 Consent Order, #85 Notice of Appearance, filed by Freda Epstein Revocable Trust, The Spring Family Trust, S.H. & Helen R. Scheuer Family Foundation, Inc., Freda B. Epstein, Jennifer Spring McPherson, richard Spring, The Jeanne T. Spring Trust, #286 MOTION to Dismiss on Behalf of Leverage Providers. filed by ABN AMRO Retained Custodial Services (Ireland) Limited, ABN AMRO Custodial Services (Ireland) Ltd., ABN AMRO Bank (Ireland) Ltd. (f/k/a Fortis Prime Fund Solutions Bank (Ireland) Ltd.), #254 Certificate of Service Other, filed by Irving H. Picard, #241 Notice of Appearance filed by ABN AMRO Bank N.V.(The Royal Bank of Scotland N.V.), #207 Notice of Appearance filed by Robert S. Bernstein, #149 Order, #88 Brief, filed by Securities Investor Protection Corporation, #226 Notice of Appearance filed by Cardinal Management, Inc., Dakota Global Investments, Ltd., #148 Affidavit of Service Other filed by Fiterman Investment Fund, et al., #53 Notice of Appearance, filed by Ellen J. Wertheim, Alexandra E. Hausner Cave, Laurie Frenchman, Ringler Partners, L.P., The Hausner Group, Kathy Hausner Grossman, Diane Ringler, Hilda Hausner, Trust F/B/O Alexandra E. Hausner Cave, Michael Frenchman, #187 Declaration in Support of Motion, #67 Consent Order, #64 Notice of Appearance filed by Isaac Jimmy Mayer, #172 Order, #197 Order, Set Deadlines/Hearings, #184 Notice of Appearance filed by Unicredit Bank Austria AG, #140 Memorandum of Law in Support of Motion, filed by Sandra L. Manzke, Maxam Absolute Return Fund Limited, Suzanne Hammond, Maxam Absolute Return Fund, LP, Maxam Capital GP LLC, Maxam Capital Management LLC, Sandra L. Manzke Revocable Trust, Walker Manzke, April Bukofser Manzke, #61 Notice of Appearance, filed by Fairfield Greenwich Limited, Fairfield Greenwich (UK) Limited, Fairfield Heathcliff Capital LLC, Charles Murphy, Andrew Smith, Jacqueline Harary, Harold Greisman, Fairfield International Managers, Inc., Corina Noel Piedrahita, Lourdes Barreneche, Fairfield Greenwich Advisors LLC, Chester Management Cayman Limited, Fairfield Greenwich (Bermuda) Limited, Gordon Mackenzie, Santiago Reyes, Daniel Lipton, Philip Toub, Mark McKeefrey, Richard Landsberger, #176 Brief, filed by Defendants' listed in Appendix A of the Court's April 13, 2012 Order, #24 Notice of Appearance filed by Mary Ann Stefanelli, #47 Notice of Appearance filed by Barclays Bank S.A., Barclays Bank (Suisse) S.A., Barclays Private Bank & Trust Limited, #138 Stipulation and Order, #13 Declaration filed by Irving H. Picard, #200 Certificate of Service Other, filed by Antecedent Debt Defendants Listed in Appendix A of the Court's May 12, 2012 Order, #144 Joinder, filed by Irving H. Picard, #262 Judgment, #190 Notice of Appeal, filed by Irving H. Picard, #122 Order, #81 Notice of Appearance filed by Robert Blum, #157 Consent Order, #208 Notice of Appearance filed by Seymour Zises, The S. James Coppersmith Charitable Remainder Unitrust, S. James Coppersmith, Janice G. Coppersmith, #145 Notice of Appearance, filed by AMERICAN SECURITIES GROUP, L.L.C., Sarah R. Varet, ELLEN V. GREENSPAN, ELIZABETH R. VARET IRA ROLLOVER, Michael A. Varet, THE ESTATE OF JESSE L. SIGELMAN, Joseph R. Varet, PETER PEARMAN, American Securities Opportunity Fund, L.P., BENJAMIN R SIGELMAN, American Securities Management, L.P., f/k/a American Securities, L.P., James R. Ledley, RONALD J. STEIN, P&I PARTNERS, METROPOLITAN PHILANTHROPIC FUND, INC., WIlliam Rosenwald Family Fund, Inc., DECIMAL INVESTMENTS, L.L.C., ELIZABETH R. VARET MONEY PURCHASE PENSION PLAN, ELIZABETH R VARET, JJG FOUNDATION, INC., NINA ROSENWALD, Alice Rosenwald, Belinda F. Clarke, HUDSON CHARITABLE FUND, AMERICAN PHILANTHROPIC FOUNDATION, ELIZABETH R. VARET DEFINED BENEFIT PLAN & TRUST, ALICE ROSENWALD FUND, Alexander G. Anagnos, THE ABSTRACTION FUND, ANCHORAGE CHARITABLE FUND, JONATHAN R. SIGELMAN, American Securities Holdings Corp., STUART H. COLEMAN, David R. Varet, #124 Judgment, #219 Stipulation and Order, #150 Order, #271 Memorandum of Law in Support of Motion, filed by Fairfield Greenwich (UK) Limited, Charles Murphy, Jacqueline Harary, Fairfield Greenwich Advisors LLC, Chester Management Cayman Limited, Fairfield Greenwich (Bermuda) Limited, Philip Toub, Mark McKeefrey, Richard Landsberger, Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Andrew Smith, Harold Greisman, Fairfield International Managers, Inc., Corina Noel Piedrahita, Lourdes Barreneche, Gordon Mackenzie, Santiago Reyes, Daniel Lipton, #133 Notice of Appearance, filed by Maxam Absolute Return Fund Limited, Maxam Capital Management LLC, Sandra L. Manzke Revocable Trust, April Bukofser Manzke, Walker Manzke, Maxam Capital GP LLC, Sandra L. Manzke, Suzanne Hammond, #204 Order, Set Hearings, #164 Order, #137 Consent Order, #93 Notice of Appearance filed by Citrus Investment Holdings Ltd., #266 Memorandum of Law in Opposition filed by Irving H. Picard, #78 Brief, filed by Defendants' listed in Appendix A of the Court's April 13, 2012 Order, #225 Declaration, filed by Irving H. Picard, #77 Notice of Appearance, filed by Jill Fischer, The 1995 Jack Parker Descendant Trust No. 1, John Reisman, Peri Arenas, Harold Anfang, Tesuji Partners, LLC, Kim Dickstein, Daniel F. Lindley, Adam P. Glick, JRAG, LLC, #177 Notice of Appearance filed by Pioneer Global Asset Management S.p.A., Pioneer Alternative Investment Management Ltd., UniCredit S.p.A., #130 Notice of Appearance filed by Stephanie S. Mack, #70 Notice of Appearance filed by Financiere Agache, #193 Stipulation and Order, #252 Memorandum of Law in Opposition to Motion filed by Irving H. Picard, #79 Notice of Appearance, filed by Sherry Gaines, Sherry Gaines In Her Fiduciary Capacity As Trustee Of The Jay Gaines & Co. Profit Sharing Plan, Jay Gaines In His Fiduciary Capacity As Trustee Of The Jay Gaines & Co. Profit Sharing Plan, Jay Gaines, Jay Gaines & Co., Inc. Profit Sharing Plan, #126 Stipulation and Order, #178 Notice (Other) filed by Defendants' listed in Appendix A of the Court's April 13, 2012 Order, #108 Notice of Appearance, #38 Notice of Appearance filed by R.H. Book, LLC, Robert H. Book, #113 Notice of Appearance filed by Kingate Global Fund, Ltd., Kingate Euro Fund, Ltd., #230 Notice of Appearance filed by Securities Investor Protection Corporation, #152 Notice of Appearance filed by Reliance International Research LLC, Justin Lowe, #249 Declaration in Support of Motion, filed by ABN AMRO Custodial Services (Ireland) Ltd., ABN AMRO Bank (Ireland) Ltd. (f/k/a Fortis Prime Fund Solutions Bank (Ireland) Ltd.), ABN AMRO Retained Custodial Services (Ireland) Limited, #3 Notice of Appearance filed by Securities Investor Protection Corporation, #28 Notice of Appearance filed by S&P Associates, Joan Roman, David Abel, James Greiff, Robert Roman, P&S Associates, #216 MOTION for an Order Directing the Clerk of the Court to Correct and/or Supplement the Record on Appeal to the United States Court of Appeals for the Second Circuit. filed by Irving H. Picard, #296 Declaration in Support of Motion filed by Alpha Prime Fund Limited, Senator Fund SpA, #68 Notice of Appearance, filed by 1999 Trust for the Grandchildren of Stanley and Pamela Chais, 1996 Trust for the Children of Stanley and Pamela Chais, 1994 Trust for the Children of Stanley and Pamela Chais, Chais Venture Holdings, Chloe Frances Chais 1994 Trust, Jonathan Wolf Chais 1996 Trust, Mark Hugh Chais Trust No. 3, Unicycle Corporation, Emily Chais Issue Trust No. 1, Justin Robert Chasalow 1999 Trust, William Frederick Chais 1983 Trust, Unicycle Trading Company, Tali Chais Transferee Trust No. I, Emily Chais Trust No. 2, Emily Chais Issue Trust No. II, Emily Chasalow, Chais Management, Ltd., Mark Hugh Chais 1983 Trust, William Frederick Chais Trust No. 3, Michael Chasalow, Wrenn Chais, Tali Chais 1997 Trust, Rachel Allison Chasalow Transferee Trust No. 1, Benjamin Paul Chasalow 1999 Trust, Mark Hugh Chais Trust No. 2, Madeline Chais Transferee Trust No. I, Chais Investments, Ltd., Mark Chais, Madeline Celia Chais 1992 Trust, Miri Chais, Rachel Allison Chasalow 1999 Trust, Onondaga, Inc. Defined Benefit Pension Plan, Chloe Frances Chais Transferee Trust No. I, William Frederick Chais Issue Trust No. II, Jonathan Chais Transferee Trust No. I, Mark Hugh Chais Issue Trust No. II, William Frederick Chais Issue Trust No. I, William Frederick Chais Trust No. 2, Emily Chais 1983 Trust, Unicycle Corporation Money Purchase Plan, Mark Hugh Chais Issue Trust No. I, Onondaga, Inc., Ari Chais Transferee Trust No. I, Justin Robert Chasalow Transferee Trust No. 1, Emily Chais Trust No. 3, Benjamin Paul Chasalow Transferee Trust No. 1, Chais Management, Inc., William & Wren Chais 1994 Family Trust, Onondaga, Inc. Money Purchase Plan, William Chais, Ari Chais 1999 Trust, #194 Stipulation and Order, #298 Notice of Appeal, filed by Securities Investor Protection Corporation, #9 Memorandum of Law in Opposition filed by Irving H. Picard, #289 AMENDED MOTION to Dismiss. filed by Remaining 546(e) Parties, #205 Stipulation and Order, #285 Notice (Other), Notice (Other), Notice (Other) filed by Alpha Prime Fund Limited, Senator Fund SpA, #163 Order, #107 Order, #174 Notice of Appearance, filed by Linda Rosensweig, The Estate of Sarah E. Pearce, Laurie Blank, Norton S. Rosensweig, Michael N. Rosen, Julie Schwartz, David B. Pearce, Jonathan P. Rosensweig, #43 Notice of Appearance filed by Tensyr Limited, #259 MOTION to Dismiss. filed by Remaining 546(e) Parties, #72 Memorandum & Opinion, #173 Notice of Appearance filed by Evelyn Fisher, Neal Goldman, Trust U/W/O David L. Fisher, Trust U/T/A 8/20/90, Linda Sohn, #75 Notice of Appearance filed by KBC Investments Ltd., #279 Joinder filed by SNS Bank N.V., SNS Global Custody B.V., #186 Memorandum of Law in Support of Motion, #260 Memorandum of Law in Support of Motion, filed by Remaining 546(e) Parties, #188 Notice of Appearance filed by Meritz Fire & Marine Insurance Co., Ltd., #60 Notice of Appearance, filed by Fairfield Greenwich (UK) Limited, Charles Murphy, Jacqueline Harary, Fairfield Greenwich Advisors LLC, Chest
August 14, 2012 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #120 Consent Order, #116 Consent Order, #85 Notice of Appearance, filed by Freda Epstein Revocable Trust, The Spring Family Trust, S.H. & Helen R. Scheuer Family Foundation, Inc., Freda B. Epstein, Jennifer Spring McPherson, richard Spring, The Jeanne T. Spring Trust, #286 MOTION to Dismiss on Behalf of Leverage Providers. filed by ABN AMRO Retained Custodial Services (Ireland) Limited, ABN AMRO Custodial Services (Ireland) Ltd., ABN AMRO Bank (Ireland) Ltd. (f/k/a Fortis Prime Fund Solutions Bank (Ireland) Ltd.), #254 Certificate of Service Other, filed by Irving H. Picard, #241 Notice of Appearance filed by ABN AMRO Bank N.V.(The Royal Bank of Scotland N.V.), #207 Notice of Appearance filed by Robert S. Bernstein, #149 Order, #88 Brief, filed by Securities Investor Protection Corporation, #226 Notice of Appearance filed by Cardinal Management, Inc., Dakota Global Investments, Ltd., #148 Affidavit of Service Other filed by Fiterman Investment Fund, et al., #53 Notice of Appearance, filed by Ellen J. Wertheim, Alexandra E. Hausner Cave, Laurie Frenchman, Ringler Partners, L.P., The Hausner Group, Kathy Hausner Grossman, Diane Ringler, Hilda Hausner, Trust F/B/O Alexandra E. Hausner Cave, Michael Frenchman, #187 Declaration in Support of Motion, #67 Consent Order, #64 Notice of Appearance filed by Isaac Jimmy Mayer, #172 Order, #197 Order, Set Deadlines/Hearings, #184 Notice of Appearance filed by Unicredit Bank Austria AG, #140 Memorandum of Law in Support of Motion, filed by Sandra L. Manzke, Maxam Absolute Return Fund Limited, Suzanne Hammond, Maxam Absolute Return Fund, LP, Maxam Capital GP LLC, Maxam Capital Management LLC, Sandra L. Manzke Revocable Trust, Walker Manzke, April Bukofser Manzke, #61 Notice of Appearance, filed by Fairfield Greenwich Limited, Fairfield Greenwich (UK) Limited, Fairfield Heathcliff Capital LLC, Charles Murphy, Andrew Smith, Jacqueline Harary, Harold Greisman, Fairfield International Managers, Inc., Corina Noel Piedrahita, Lourdes Barreneche, Fairfield Greenwich Advisors LLC, Chester Management Cayman Limited, Fairfield Greenwich (Bermuda) Limited, Gordon Mackenzie, Santiago Reyes, Daniel Lipton, Philip Toub, Mark McKeefrey, Richard Landsberger, #176 Brief, filed by Defendants' listed in Appendix A of the Court's April 13, 2012 Order, #24 Notice of Appearance filed by Mary Ann Stefanelli, #47 Notice of Appearance filed by Barclays Bank S.A., Barclays Bank (Suisse) S.A., Barclays Private Bank & Trust Limited, #138 Stipulation and Order, #13 Declaration filed by Irving H. Picard, #200 Certificate of Service Other, filed by Antecedent Debt Defendants Listed in Appendix A of the Court's May 12, 2012 Order, #144 Joinder, filed by Irving H. Picard, #262 Judgment, #190 Notice of Appeal, filed by Irving H. Picard, #122 Order, #81 Notice of Appearance filed by Robert Blum, #157 Consent Order, #208 Notice of Appearance filed by Seymour Zises, The S. James Coppersmith Charitable Remainder Unitrust, S. James Coppersmith, Janice G. Coppersmith, #145 Notice of Appearance, filed by AMERICAN SECURITIES GROUP, L.L.C., Sarah R. Varet, ELLEN V. GREENSPAN, ELIZABETH R. VARET IRA ROLLOVER, Michael A. Varet, THE ESTATE OF JESSE L. SIGELMAN, Joseph R. Varet, PETER PEARMAN, American Securities Opportunity Fund, L.P., BENJAMIN R SIGELMAN, American Securities Management, L.P., f/k/a American Securities, L.P., James R. Ledley, RONALD J. STEIN, P&I PARTNERS, METROPOLITAN PHILANTHROPIC FUND, INC., WIlliam Rosenwald Family Fund, Inc., DECIMAL INVESTMENTS, L.L.C., ELIZABETH R. VARET MONEY PURCHASE PENSION PLAN, ELIZABETH R VARET, JJG FOUNDATION, INC., NINA ROSENWALD, Alice Rosenwald, Belinda F. Clarke, HUDSON CHARITABLE FUND, AMERICAN PHILANTHROPIC FOUNDATION, ELIZABETH R. VARET DEFINED BENEFIT PLAN & TRUST, ALICE ROSENWALD FUND, Alexander G. Anagnos, THE ABSTRACTION FUND, ANCHORAGE CHARITABLE FUND, JONATHAN R. SIGELMAN, American Securities Holdings Corp., STUART H. COLEMAN, David R. Varet, #124 Judgment, #219 Stipulation and Order, #150 Order, #271 Memorandum of Law in Support of Motion, filed by Fairfield Greenwich (UK) Limited, Charles Murphy, Jacqueline Harary, Fairfield Greenwich Advisors LLC, Chester Management Cayman Limited, Fairfield Greenwich (Bermuda) Limited, Philip Toub, Mark McKeefrey, Richard Landsberger, Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Andrew Smith, Harold Greisman, Fairfield International Managers, Inc., Corina Noel Piedrahita, Lourdes Barreneche, Gordon Mackenzie, Santiago Reyes, Daniel Lipton, #133 Notice of Appearance, filed by Maxam Absolute Return Fund Limited, Maxam Capital Management LLC, Sandra L. Manzke Revocable Trust, April Bukofser Manzke, Walker Manzke, Maxam Capital GP LLC, Sandra L. Manzke, Suzanne Hammond, #204 Order, Set Hearings, #164 Order, #137 Consent Order, #93 Notice of Appearance filed by Citrus Investment Holdings Ltd., #266 Memorandum of Law in Opposition filed by Irving H. Picard, #78 Brief, filed by Defendants' listed in Appendix A of the Court's April 13, 2012 Order, #225 Declaration, filed by Irving H. Picard, #77 Notice of Appearance, filed by Jill Fischer, The 1995 Jack Parker Descendant Trust No. 1, John Reisman, Peri Arenas, Harold Anfang, Tesuji Partners, LLC, Kim Dickstein, Daniel F. Lindley, Adam P. Glick, JRAG, LLC, #177 Notice of Appearance filed by Pioneer Global Asset Management S.p.A., Pioneer Alternative Investment Management Ltd., UniCredit S.p.A., #130 Notice of Appearance filed by Stephanie S. Mack, #70 Notice of Appearance filed by Financiere Agache, #193 Stipulation and Order, #252 Memorandum of Law in Opposition to Motion filed by Irving H. Picard, #79 Notice of Appearance, filed by Sherry Gaines, Sherry Gaines In Her Fiduciary Capacity As Trustee Of The Jay Gaines & Co. Profit Sharing Plan, Jay Gaines In His Fiduciary Capacity As Trustee Of The Jay Gaines & Co. Profit Sharing Plan, Jay Gaines, Jay Gaines & Co., Inc. Profit Sharing Plan, #126 Stipulation and Order, #178 Notice (Other) filed by Defendants' listed in Appendix A of the Court's April 13, 2012 Order, #108 Notice of Appearance, #38 Notice of Appearance filed by R.H. Book, LLC, Robert H. Book, #113 Notice of Appearance filed by Kingate Global Fund, Ltd., Kingate Euro Fund, Ltd., #230 Notice of Appearance filed by Securities Investor Protection Corporation, #152 Notice of Appearance filed by Reliance International Research LLC, Justin Lowe, #249 Declaration in Support of Motion, filed by ABN AMRO Custodial Services (Ireland) Ltd., ABN AMRO Bank (Ireland) Ltd. (f/k/a Fortis Prime Fund Solutions Bank (Ireland) Ltd.), ABN AMRO Retained Custodial Services (Ireland) Limited, #3 Notice of Appearance filed by Securities Investor Protection Corporation, #28 Notice of Appearance filed by S&P Associates, Joan Roman, David Abel, James Greiff, Robert Roman, P&S Associates, #216 MOTION for an Order Directing the Clerk of the Court to Correct and/or Supplement the Record on Appeal to the United States Court of Appeals for the Second Circuit. filed by Irving H. Picard, #296 Declaration in Support of Motion filed by Alpha Prime Fund Limited, Senator Fund SpA, #68 Notice of Appearance, filed by 1999 Trust for the Grandchildren of Stanley and Pamela Chais, 1996 Trust for the Children of Stanley and Pamela Chais, 1994 Trust for the Children of Stanley and Pamela Chais, Chais Venture Holdings, Chloe Frances Chais 1994 Trust, Jonathan Wolf Chais 1996 Trust, Mark Hugh Chais Trust No. 3, Unicycle Corporation, Emily Chais Issue Trust No. 1, Justin Robert Chasalow 1999 Trust, William Frederick Chais 1983 Trust, Unicycle Trading Company, Tali Chais Transferee Trust No. I, Emily Chais Trust No. 2, Emily Chais Issue Trust No. II, Emily Chasalow, Chais Management, Ltd., Mark Hugh Chais 1983 Trust, William Frederick Chais Trust No. 3, Michael Chasalow, Wrenn Chais, Tali Chais 1997 Trust, Rachel Allison Chasalow Transferee Trust No. 1, Benjamin Paul Chasalow 1999 Trust, Mark Hugh Chais Trust No. 2, Madeline Chais Transferee Trust No. I, Chais Investments, Ltd., Mark Chais, Madeline Celia Chais 1992 Trust, Miri Chais, Rachel Allison Chasalow 1999 Trust, Onondaga, Inc. Defined Benefit Pension Plan, Chloe Frances Chais Transferee Trust No. I, William Frederick Chais Issue Trust No. II, Jonathan Chais Transferee Trust No. I, Mark Hugh Chais Issue Trust No. II, William Frederick Chais Issue Trust No. I, William Frederick Chais Trust No. 2, Emily Chais 1983 Trust, Unicycle Corporation Money Purchase Plan, Mark Hugh Chais Issue Trust No. I, Onondaga, Inc., Ari Chais Transferee Trust No. I, Justin Robert Chasalow Transferee Trust No. 1, Emily Chais Trust No. 3, Benjamin Paul Chasalow Transferee Trust No. 1, Chais Management, Inc., William & Wren Chais 1994 Family Trust, Onondaga, Inc. Money Purchase Plan, William Chais, Ari Chais 1999 Trust, #194 Stipulation and Order, #298 Notice of Appeal, filed by Securities Investor Protection Corporation, #9 Memorandum of Law in Opposition filed by Irving H. Picard, #289 AMENDED MOTION to Dismiss. filed by Remaining 546(e) Parties, #205 Stipulation and Order, #285 Notice (Other), Notice (Other), Notice (Other) filed by Alpha Prime Fund Limited, Senator Fund SpA, #163 Order, #107 Order, #174 Notice of Appearance, filed by Linda Rosensweig, The Estate of Sarah E. Pearce, Laurie Blank, Norton S. Rosensweig, Michael N. Rosen, Julie Schwartz, David B. Pearce, Jonathan P. Rosensweig, #43 Notice of Appearance filed by Tensyr Limited, #259 MOTION to Dismiss. filed by Remaining 546(e) Parties, #72 Memorandum & Opinion, #173 Notice of Appearance filed by Evelyn Fisher, Neal Goldman, Trust U/W/O David L. Fisher, Trust U/T/A 8/20/90, Linda Sohn, #75 Notice of Appearance filed by KBC Investments Ltd., #279 Joinder filed by SNS Bank N.V., SNS Global Custody B.V., #186 Memorandum of Law in Support of Motion, #260 Memorandum of Law in Support of Motion, filed by Remaining 546(e) Parties, #188 Notice of Appearance filed by Meritz Fire & Marine Insurance Co., Ltd., #60 Notice of Appearance, filed by Fairfield Greenwich (UK) Limited, Charles Murphy, Jacqueline Harary, Fairfield Greenwich Advisors LLC, Chest
August 14, 2012 Appeal Remark as to (299 in 1:12-mc-00115-JSR) Notice of Appeal, filed by Irving H. Picard, (19 in 1:11-cv-09059-JSR) Notice of Appeal, filed by Irving H. Picard. The Appeals Unit in the U.S. District Court served the Notice of Appeal via First Class Mail on Pro-Se party:Stanley Plesent 24 Maple AvenueLarchmont, NY 10538 (tp)
August 14, 2012 Appeal Remark as to (299 in 1:12-mc-00115-JSR) Notice of Appeal, filed by Irving H. Picard, (19 in 1:11-cv-09059-JSR) Notice of Appeal, filed by Irving H. Picard. The Appeals Unit in the U.S. District Court served the Notice of Appeal on the parties via e-mail. 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dcarroll@ingramllp.com; jschain@ingramllp.com; lshalov@mclaughlinstern.com; mrosenberg@mclaughlinstern.com; kleonetti@foleyhoag.com; MFolkenflik@fmlaw.net; ptabibi@meltzerlippe.com; sdonahue@meltzerlippe.com; jrfbnk@gmail.com; ebadway@foxrothschild.com; jeff.butler@cliffordchance.com; jangel@herrick.com; eschmidt@herrick.com; grossmansm@gtlaw.com; hkleinhendler@wmllp.com; sspiegelman@wmllp.com; dglosband@goodwinprocter.com; lmorton@goodwinprocter.com; cnewcomb@goodwinprocter.com; davidbernfeld@bernfeld-dematteo.com; risrael@wolffsamson.com; mdickler@sperling-law.com; jeffreybernfeld@bernfeld-dematteo.com; hharris@daypitney.com; dparker@kkwc.com; mmulholland@rmfpc.com; ttelesca@rmfpc.com; jflaxer@golenbock.com; eoconnor@fzwz.com; Jzulack@fzwz.com; mdavis@fzwz.com; lwiesenfelder@dowlohnes.com; jwcohen@daypitney.com; ahalperin@halperinlaw.net; sziluck@halperinlaw.net; ncohen@halperinlaw.net; Jcooperman@KelleyDrye.com; skim@kelleydrye.com; mkasowitz@kasowitz.com; jlsaffer@jlsaffer.com; rcorozzo1@gmail.com; kfletcher@mofo.com; fkessler@wmd-law.com; pdefilippo@wmd-law.com; mhennessy@westermanllp.com; RGabriele@westermanllp.com; Jmiller@westermanllp.com; jwesterman@westermanllp.com; bhanyc@gmail.com; mhays@dowlohnes.com; dprichard@dowlohnes.com; dgreenwald@cravath.com; rlevin@cravath.com; dellajo@duanemorris.com; andrea.robinson@wilmerhale.com; charles.platt@wilmerhale.com; george.shuster@wilmerhale.com; pjw@stim-warmuth.com; gpw@stim-warmuth.com; rrosensweig@goulstonstorrs.com; pbilowz@goulstonstorrs.com; law@mcclay-alton.com; jweiner@fhwnlaw.com; ldalessandro@milbermakris.com; mlanza@milbermakris.com; kesha.tanabe@maslon.com; mpahmer@stroock.com; qmurphy@stroock.com; blax@laxneville.com; bneville@laxneville.com; gpretto@laxneville.com; gkachroo@kachroolegal.com; mhuttenlocher@mwe.com; djocelyn@mwe.com; rhaddad@oshr.com; kmcmurdy@foxrothschild.com; blanger@mclaughlinstern.com; dsass@mclaughlinstern.com; amarder@msek.com; Joanne.hepburn@klgates.com; david.mclean@lw.com; aaron.jaroff@lw.com; kyle.wallace@lw.com; philip.anker@wilmerhale.com; moreilly@gibbonslaw.com; Christopher@gibbonslaw.com; diconzam@gtlaw.com; bargerd@gtlaw.com; jwallack@goulstonstorrs.com; sinopolea@sullcrom.com; mlichtenstein@crowell.com; seichel@crowell.com; ljw@msk.com; bolson@dowlohnes.com; tmcgowan@meltzerlippe.com; Skakeld@dicksteinshapiro.com; lhannon@beckermeisel.com; ssteinberg@saslawfirm.net; ghirsch@sillscummis.com; jyoung@milberg.com; fishere@dicksteinshapiro.com; rlevy@pryorcashman.com; jdwarner@warnerandscheuerman.com; cgallinari@bellowspc.com; sgeller@bellowspc.com; nhazan@mwe.com; tporetz@egsllp.com; jonathan.goldberg@snrdenton.com; drose@pryorcashman.com; hinkle@clayro.com; mdallago@mcsw.com; jshally@shearman.com; jessica.bartlett@shearman.com; david.mcgill@kobrekim.com; steven.kobre@kobrekim.com; danielle.rose@kobrekim.com; david.onorato@freshfields.com; timothy.harkness@freshfields.com; cheryl.howard@freshfields.com; rebecca.callaway@freshfields.com; susan.higgins@freshfields.com; dtabak@cohengresser.com; dbadaczewski@cohengresser.com; marc.gottridge@hoganlovells.com; andrew.behrman@hoganlovells.com; mcunha@stblaw.com; pkazanoff@stblaw.com; sricciardi@stblaw.com; estearns@stearnsweaver.com; hmoorefield@stearnsweaver.com; ccanino@stearnsweaver.com; aunger@sidley.com; bkrakauer@sidley.com; jcooney@mckoolsmith.com; ehalper@mckoolsmith.com; vweber@mckoolsmith.com; espiro@maglaw.com; cochoa@maglaw.com; acattell@stblaw.com; fhoffinger@hsrlaw.com; jhoffinger@hsrlaw.com; bethany.kriss@allenovery.com; michael.feldberg@allenovery.com; petercalamari@quinnemanuel.com; marcgreenwald@quinnemanuel.com; erickay@quinnemanuel.com; davidmader@quinnemanuel.com; danielholzman@quinnemanuel.com; xochitlstrohbehn@quinnemanuel.com; susheelkirpalani@quinnemanuel.com; robertloigman@quinnemanuel.com; ; lgottlieb@cooley.com; mklein@cooley.com; alevine@cooley.com; lbirger@cooley.com; jonathan.cogan@kobrekim.com; danielle.rose@kobrekim.com; david.mcgill@kobrekim.com; steven.kobre@kobrekim.com; carrie.tendler@kobrekim.com; agross@kvwmail.com; wpollard@kvwmail.com; hyland@sewkis.com; deroche@sewkis.com; Marco.Schnabl@Skadden.com; fvelie@sandw.com; mstein@sandw.com; jkortmansky@sandw.com; skim@steptoe.com; jbg@rattetlaw.com; jgorchkova@beckerny.com; erieder@bryancave.com; shirshon@proskauer.com; hchaitman@becker-poliakoff.com; hchaitman@becker-poliakoff.com; jliss@gibbonslaw.com; griffinger@gibbonslaw.com; clynch@goulstonstorrs.com; jbg@rattetlaw.com; mdallago@mcsw.com; lkruger@stroock.com; kpasquale@stroock.com; bhanyc@gmail.com; kcmurphy@simonlawyers.com; mhamblin@fhwnlaw.com; wheuer@duanemorris.com; hrosenblat@kslaw.com; hkafele@shearman.com; cbarnett@stearnsweaver.com; dkornstein@kvwmail.com; susan.saltzstein@skadden.com; Jeremy.berman@skadden.com; Jason.putter@sakken.com; ibort@kvwmail.com; 'donald.david@akerman.com'; 'psmith@becker-poliakoff.com'; 'jgorchkova@beckerny.com'; 'jgorchkova@becker-poliakoff.com'; 'josephdematteo@hotmail.com'; 'scott.seamon@bingham.com'; 'tplastaras@gwbplaw.com'; 'dapfel@goodwinprocter.com'; 'jray@kachroolegal.com'; 'rabrams@katskykorins.com'; 'cjm@msf-law.com'; 'dflugman@kirkland.com'; 'maura.klugman@kirkland.com'; 'Gerald.novack@klgates.com'; 'jrappaport@kramerlevin.com'; 'vmachcinski@krebsbach.com'; 'jhorwitt@zeislaw.com'; 'jlaw672@aol.com'; 'mkupillas@milberg.com'; 'jkeller@milberg.com'; 'Bkannel@mintz.com'; 'agamza@mosessinger.com'; 'cseemann@proskauer.com'; 'rfleischer@pryorcashman.com'; 'bspickler@sglllp.com'; 'evf@sovrlaw.com'; 'sweiss@seegerweiss.com'; 'cvandekieft@seegerweiss.com'; 'Edward.minson@steinrisomantel.com'; 'sgordon@gordonfirm.com'; 'vdandrea@tdwpm.com'; 'lee.stremba@troutmansanders.com'; 'matt@sakkaslaw.com'; 'yeskoo@yeskoolaw.com'; 'jhorwitt@zeislaw.com'; 'cbattaglia@halperinlaw.net'; klgateseservice@klgates.com; martha.rodriguezlopez@klgates.com; marcy.harris@srz.com; frank.lasalle@srz.com; mark.richardson@srz.com; alfredo.perez@
August 13, 2012 Filing 299 NOTICE OF APPEAL from #158 Stipulation and Order,, #262 Judgment,, #122 Order,, #124 Judgment,,, #57 Order,, #255 Consent Order,,,,,,,,,,,,,, #72 Memorandum & Opinion, #101 Memorandum & Opinion,,,, #153 Stipulation and Order,, #109 Consent Order,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,. Document filed by Irving H. Picard. Filing fee $ 455.00, receipt number 0208-7728283. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4-Part 1, #5 Exhibit 4-Part 2, #6 Exhibit 4-Part 3, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Affidavit of Service)(Warshavsky, Oren)
August 13, 2012 Filing 298 NOTICE OF APPEAL from #262 Judgment,,. Document filed by Securities Investor Protection Corporation. Filing fee $ 455.00, receipt number 0208-7728039. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Affidavit of Service)(Bell, Kevin)
August 13, 2012 Filing 297 NOTICE of Amended Addendum A re: #276 Memorandum of Law,. Document filed by Fullerton Capital PTE Ltd., Merrill Lynch Bank (Suisse) SA, Merrill Lynch International. (Yalowitz, Kent)
August 13, 2012 Filing 296 DECLARATION of Todd E. Duffy in Support re: #294 AMENDED MOTION to Dismiss.. Document filed by Alpha Prime Fund Limited, Senator Fund SpA. (Duffy, Todd)
August 13, 2012 Filing 295 MEMORANDUM OF LAW in Support re: #293 MOTION to Dismiss., #294 AMENDED MOTION to Dismiss. /SUPPLEMENTAL BRIEF OF NET LOSER INVESTMENT FUNDS IN SUPPORT OF THEIR MOTION TO DISMISS THE TRUSTEES CLAIMS UNDER 11 U.S.C. 548(a)(1)(A) and 510(c). Document filed by Alpha Prime Fund Limited, Senator Fund SpA. (Duffy, Todd)
August 13, 2012 Filing 294 AMENDED MOTION to Dismiss. Document filed by Alpha Prime Fund Limited, Senator Fund SpA. Responses due by 9/14/2012 Return Date set for 10/12/2012 at 04:00 PM.(Duffy, Todd)
August 13, 2012 Filing 293 MOTION to Dismiss. Document filed by Alpha Prime Fund Limited, Senator Fund SpA. Responses due by 9/14/2012 Return Date set for 10/12/2012 at 04:00 PM.(Duffy, Todd)
August 13, 2012 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #298 Notice of Appeal,,. (nd)
August 10, 2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Todd E. Duffy to RE-FILE Document #284 MOTION to Dismiss /SUPPLEMENTAL BRIEF OF NET LOSER INVESTMENT FUNDS IN SUPPORT OF THEIR MOTION TO DISMISS THE TRUSTEES CLAIMS UNDER 11 U.S.C. 548(a)(1)(A) and 510(c). MOTION to Dismiss /SUPPLEMENTAL BRIEF OF NET LOSER INVESTMENT FUNDS IN SUPPORT OF THEIR MOTION TO DISMISS THE TRUSTEES CLAIMS UNDER 11 U.S.C. 548(a)(1)(A) and 510(c). MOTION to Dismiss /SUPPLEMENTAL BRIEF OF NET LOSER INVESTMENT FUNDS IN SUPPORT OF THEIR MOTION TO DISMISS THE TRUSTEES CLAIMS UNDER 11 U.S.C. 548(a)(1)(A) and 510(c). Use the event type Memorandum of Law in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (ldi)
August 10, 2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Todd E. Duffy to RE-FILE Document #284 MOTION to Dismiss /SUPPLEMENTAL BRIEF OF NET LOSER INVESTMENT FUNDS IN SUPPORT OF THEIR MOTION TO DISMISS THE TRUSTEES CLAIMS UNDER 11 U.S.C. 548(a)(1)(A) and 510(c). MOTION to Dismiss /SUPPLEMENTAL BRIEF OF NET LOSER INVESTMENT FUNDS IN SUPPORT OF THEIR MOTION TO DISMISS THE TRUSTEES CLAIMS UNDER 11 U.S.C. 548(a)(1)(A) and 510(c). MOTION to Dismiss /SUPPLEMENTAL BRIEF OF NET LOSER INVESTMENT FUNDS IN SUPPORT OF THEIR MOTION TO DISMISS THE TRUSTEES CLAIMS UNDER 11 U.S.C. 548(a)(1)(A) and 510(c). ERROR(S): Supporting documents must be filed separately, each receiving their own document number. ***NOTE*** The attachment "Notice of Motion to Dismiss" must be filed separately using the event type: Motion to Dismiss. The motion must be re-filed first. The Declaration in Support of Motion is filed separately, using the event found under event list Replies, Opposition and Supporting Documents. (ldi)
August 10, 2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Todd E. Duffy to RE-FILE Document #285 Notice (Other), Notice (Other), Notice (Other). Use the event type Dismiss found under the event list Motions. (ldi)
August 10, 2012 Filing 292 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #290 MOTION to Dismiss Claims Where The Trustee Has Pled No Individualized Allegations of "Willful Blindness".. Document filed by Good Faith Defendants. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C-1, #4 Exhibit C-2, #5 Exhibit C-3, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F)(Boccuzzi, Carmine)
August 10, 2012 Filing 291 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #288 MOTION to Dismiss / Notice of Motion to Dismiss on Behalf of Alleged Initial Transferees Who Were "Net Losers" and on Behalf of Alleged Subsequent Transferees of Net Losers. / Supplemental Brief Addressing Good Faith Issues on Behalf of Alleged Initial Transferees Who Were "Net Losers" and on Behalf of Alleged Subsequent Transferees of Net Losers. Document filed by Geo Currencies S.A., Hermes International Fund Limited, Lagoon Investment Limited (for itself and as Trustee of the Lagoon Investment Trust), PICTET ET CIE, Thema Fund Limited, Thema International Fund PLC, Thema Wise Investments Limited. (Wiles, Michael)
August 10, 2012 Filing 290 MOTION to Dismiss Claims Where The Trustee Has Pled No Individualized Allegations of "Willful Blindness". Document filed by Good Faith Defendants. Return Date set for 10/12/2012 at 04:00 PM.(Boccuzzi, Carmine)
August 10, 2012 Filing 289 AMENDED MOTION to Dismiss. Document filed by Remaining 546(e) Parties. Return Date set for 10/30/2012 at 04:00 PM.(Boccuzzi, Carmine)
August 10, 2012 Filing 288 MOTION to Dismiss / Notice of Motion to Dismiss on Behalf of Alleged Initial Transferees Who Were "Net Losers" and on Behalf of Alleged Subsequent Transferees of Net Losers. Document filed by Geo Currencies S.A., PICTET ET CIE, Thema International Fund PLC, Thema Wise Investments Limited, Thema Fund Limited, Hermes International Fund Limited, Lagoon Investment Limited (for itself and as Trustee of the Lagoon Investment Trust). Return Date set for 10/12/2012 at 04:00 PM.(Wiles, Michael)
August 10, 2012 Filing 287 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #286 MOTION to Dismiss on Behalf of Leverage Providers.. Document filed by ABN AMRO Bank (Ireland) Ltd. (f/k/a Fortis Prime Fund Solutions Bank (Ireland) Ltd.), ABN AMRO Custodial Services (Ireland) Ltd., ABN AMRO Retained Custodial Services (Ireland) Limited. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Harris, Christopher)
August 10, 2012 Filing 286 MOTION to Dismiss on Behalf of Leverage Providers. Document filed by ABN AMRO Bank (Ireland) Ltd. (f/k/a Fortis Prime Fund Solutions Bank (Ireland) Ltd.), ABN AMRO Custodial Services (Ireland) Ltd., ABN AMRO Retained Custodial Services (Ireland) Limited.(Harris, Christopher)
August 10, 2012 Filing 285 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of Amended Notice of Motion to Dismiss re: #284 MOTION to Dismiss /SUPPLEMENTAL BRIEF OF NET LOSER INVESTMENT FUNDS IN SUPPORT OF THEIR MOTION TO DISMISS THE TRUSTEES CLAIMS UNDER 11 U.S.C. 548(a)(1)(A) and 510(c). MOTION to Dismiss /SUPPLEMENTAL BRIEF OF NET LOSER INVESTMENT FUNDS IN SUPPORT OF THEIR MOTION TO DISMISS THE TRUSTEES CLAIMS UNDER 11 U.S.C. 548(a)(1)(A) and 510(c).. Document filed by Alpha Prime Fund Limited, Senator Fund SpA. (Duffy, Todd) Modified on 8/13/2012 (ldi).
August 10, 2012 Filing 284 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU/DEFICIENT DOCKET ENTRY - MOTION to Dismiss /SUPPLEMENTAL BRIEF OF NET LOSER INVESTMENT FUNDS IN SUPPORT OF THEIR MOTION TO DISMISS THE TRUSTEES CLAIMS UNDER 11 U.S.C. 548(a)(1)(A) and 510(c). Document filed by Alpha Prime Fund Limited, Senator Fund SpA. Responses due by 9/14/2012 Return Date set for 10/12/2012 at 04:00 PM. (Attachments: #1 Affidavit Declaration of Todd E. Duffy, #2 Notice of Motion)(Duffy, Todd) Modified on 8/13/2012 (ldi).
August 10, 2012 Filing 283 MEMORANDUM OF LAW in Support re: #282 MOTION to Dismiss /SUPPLEMENTAL GOOD FAITH STANDARD BRIEFING ON BEHALF OF CERTAIN SERVICE PROVIDERS SEEKING DISMISSAL OF AVOIDANCE AND RECOVERY CLAIMS.. Document filed by Unicredit Bank Austria AG. (Velie, Franklin)
August 10, 2012 Filing 282 MOTION to Dismiss /SUPPLEMENTAL GOOD FAITH STANDARD BRIEFING ON BEHALF OF CERTAIN SERVICE PROVIDERS SEEKING DISMISSAL OF AVOIDANCE AND RECOVERY CLAIMS. Document filed by Unicredit Bank Austria AG.(Velie, Franklin)
August 10, 2012 Filing 281 JOINDER to join / Notice of Joinder in Supplemental Good Faith Standard Briefs. Document filed by BSI AG. (Attachments: #1 Certificate of Service)(Platt, Charles)
August 10, 2012 Filing 280 NOTICE OF APPEARANCE by Joshua B Katz on behalf of Access Management Luxembourg S.A., Pierre Delandmeter, Patrick Littaye (Katz, Joshua)
August 10, 2012 Filing 279 JOINDER to join / Notice of Joinder in Supplemental Good Faith Standard Briefs. Document filed by SNS Bank N.V., SNS Global Custody B.V.. (Attachments: #1 Certificate of Service)(Shuster, George)
August 10, 2012 Filing 278 REPLY MEMORANDUM OF LAW in Support re: #267 Declaration, #266 Memorandum of Law in Opposition in further support of defendants' motion to withdraw the reference in 12-cv-5597(JSR). Document filed by Access Management Luxembourg S.A., Pierre Delandmeter, Patrick Littaye. (Katz, Joshua)
August 10, 2012 Filing 277 DECLARATION of Kent A. Yalowitz re: #276 Memorandum of Law,. Document filed by Fullerton Capital PTE Ltd., Merrill Lynch Bank (Suisse) SA, Merrill Lynch International. (Attachments: #1 Exhibit A Part 1, #2 Exhibit A Part 2, #3 Exhibit A Part 3, #4 Exhibit B, #5 Exhibit C Part 1, #6 Exhibit C Part 2, #7 Exhibit C Part 3, #8 Exhibit C Part 4, #9 Exhibit C Part 5, #10 Exhibit D, #11 Exhibit E)(Yalowitz, Kent)
August 10, 2012 Filing 276 MEMORANDUM OF LAW re: #197 Order, Set Deadlines/Hearings,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, SUPPLEMENTAL BRIEF ON BEHALF OF HEDGE FUND INVESTORS ON GOOD FAITH STANDARD. Document filed by Merrill Lynch Bank (Suisse) SA, Fullerton Capital PTE Ltd., Merrill Lynch International. (Yalowitz, Kent)
August 8, 2012 Filing 275 CERTIFICATE OF SERVICE of Consolidated Reply to Trustee's and SIPC's Oppositions to Motion to Dismiss Regarding Antecedent Debt Issues and Notice of Designation of Lead Counsel served on Counsel for Parties who receive electronic service through ECF on August 8, 2012. Document filed by Antecedent Debt Defendants Listed in Appendix A of the Court's May 12, 2012 Order. (Kirby, Richard)
August 8, 2012 Filing 274 NOTICE of Designation of Lead Counsel re: #107 Order,,,,,,,,,,,,,,,,,,,,. Document filed by Antecedent Debt Defendants Listed in Appendix A of the Court's May 12, 2012 Order. (Kirby, Richard)
August 8, 2012 Filing 273 REPLY MEMORANDUM OF LAW in Support re: #196 MOTION to Dismiss Regarding Antecedent Debt Issues. Consolidated Reply to Trustee's and SIPC's Oppositions to Motion to Dismiss. Document filed by Antecedent Debt Defendants Listed in Appendix A of the Court's May 12, 2012 Order. (Kirby, Richard)
August 3, 2012 Filing 272 DECLARATION of Andrew D. W. Cattell in Support re: #270 MOTION to Dismiss re: 114 Order.. Document filed by Lourdes Barreneche, Chester Management Cayman Limited, Fairfield Greenwich (Bermuda) Limited, Fairfield Greenwich (UK) Limited, Fairfield Greenwich Advisors LLC, Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Fairfield International Managers, Inc., Harold Greisman, Jacqueline Harary, Richard Landsberger, Daniel Lipton, Gordon Mackenzie, Mark McKeefrey, Charles Murphy, Corina Noel Piedrahita, Santiago Reyes, Andrew Smith, Philip Toub. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R)(Cattell, Andrew)
August 3, 2012 Filing 271 MEMORANDUM OF LAW in Support re: #270 MOTION to Dismiss re: 114 Order.. Document filed by Lourdes Barreneche, Chester Management Cayman Limited, Fairfield Greenwich (Bermuda) Limited, Fairfield Greenwich (UK) Limited, Fairfield Greenwich Advisors LLC, Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Fairfield International Managers, Inc., Harold Greisman, Jacqueline Harary, Richard Landsberger, Daniel Lipton, Gordon Mackenzie, Mark McKeefrey, Charles Murphy, Corina Noel Piedrahita, Santiago Reyes, Andrew Smith, Philip Toub. (Cunha, Mark)
August 3, 2012 Filing 270 MOTION to Dismiss re: 114 Order. Document filed by Lourdes Barreneche, Chester Management Cayman Limited, Fairfield Greenwich (Bermuda) Limited, Fairfield Greenwich (UK) Limited, Fairfield Greenwich Advisors LLC, Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Fairfield International Managers, Inc., Harold Greisman, Jacqueline Harary, Richard Landsberger, Daniel Lipton, Gordon Mackenzie, Mark McKeefrey, Charles Murphy, Corina Noel Piedrahita, Santiago Reyes, Andrew Smith, Philip Toub. Responses due by 9/14/2012 Return Date set for 10/15/2012 at 04:00 PM.(Cunha, Mark)
August 3, 2012 Filing 269 MEMORANDUM OF LAW Regarding the Applicability of the "Insider Exception" to the In Pari Delicto Doctrine as Raised by Order of The Court Entered on May 15, 2012. Document filed by Stephanie S. Mack, Deborah Madoff. (Birger, Laura)
August 2, 2012 Opinion or Order Filing 268 STIPULATION AND ORDER: Picard v. Standard Chartered Financial Services (Luxembourg) S.A., et al., No, 12 cv. 4328 (JSR) (the "Standard Chartered Action"), was excluded from Exhibit A to the Order dated April 13, 2012, No. 12 Civ. 00115 (S.D.N.Y. April 13, 2012) (ECF No.4) (the "Stem Order") as well as Exhibit A to the Order dated May 15, 2012, No. 12 Civ. 0115 (S.D.NY. May 16, 2012) (ECF No. 119) (the "Section 546(e) Order") because the Trustee commenced the Standard Chartered Action after the April 2, 2012 deadline for filing Motions to Withdraw the Reference to the Bankruptcy Court had passed (see Administrative Order Establishing Deadline for Filing Motions to Withdraw the Reference, Adv. Pro. No. 08-01789 (BRL) (Bank. S.D.N.Y. Mar. 5, 2012) (ECF No. 4707)), and the relevant Motion in the Standard Charter Action was filed on May 30, 2012. The parties to this Stipulation and Order hereby agree that the Stem Order as entered shall apply to the Standard Chartered Action nunc pro tunc to April 13, 2012, and the Section 546(e) Order as entered shall apply to the Standard Chartered Action nunc pro tunc to May 16, 2012. The Standard Chartered Action will be covered by the Stem Order and the Section 546(e) Order in all respects. (Signed by Judge Jed S. Rakoff on 8/1/2012) (jfe)
August 1, 2012 Filing 267 DECLARATION of Deborah H. Renner in Opposition to Defendants' Motion to Withdraw the Reference (12-CV-05597, Picard v. Access Management Luxembourg, S.A., et al). Document filed by Irving H. Picard. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Renner, Deborah)
August 1, 2012 Filing 266 MEMORANDUM OF LAW in Opposition to Defendants' Motion to Withdraw the Reference (12-CV-05597, Picard v. Access Managment Luxumbourg S.A., et al). Document filed by Irving H. Picard. (Renner, Deborah)
July 30, 2012 Filing 265 NOTICE OF CHANGE OF ADDRESS by Jonathan G. Kortmansky on behalf of Unicredit Bank Austria AG. New Address: Sullivan & Worcester LLP, 1633 Broadway, New York, New York, USA 10019, 212 660 3000. (Kortmansky, Jonathan)
July 30, 2012 Filing 264 NOTICE OF CHANGE OF ADDRESS by Mitchell C. Stein on behalf of Unicredit Bank Austria AG. New Address: Sullivan & Worcester LLP, 1633 Broadway, New York, New York, USA 10019, 212 660 3000. (Stein, Mitchell)
July 30, 2012 Filing 263 NOTICE OF CHANGE OF ADDRESS by Franklin B. Velie on behalf of Unicredit Bank Austria AG. New Address: Sullivan & Worcester LLP, 1633 Broadway, 32nd Floor, New York, New York, USA 10019, 212 660 3000. (Velie, Franklin)
July 30, 2012 Filing 262 FINAL JUDGMENT DISMISSING CERTAIN CLAIMS, Pursuant to Fed. R. Civ. P. 54(b): The complaints as consolidated in the Blue Star Action for purposes of the entry of judgment and appeal, are dismissed and judgment is entered, in part, soley with respect to and to the extent of all of the claims that sought avoidance of: (1) constructive fraudulent transfers under section 548(a)(1)(B)of the Bankruptcy Code; and (2) actual and constructive fraudulent transfers of fraudulent conveyances under provisions of the New York Debtor & Creditor Law incorporated by section 544(b) of the Bankruptcy Code. (Original Doc. # 15 filed in 11 Civ. 9059). (Signed by Judge Jed S. Rakoff on 7/27/12) (Attachments: #1 Notice of Right to Appeal)(dt)
July 27, 2012 Filing 261 DECLARATION of Nowell D. Bamberger in Support re: #259 MOTION to Dismiss.. Document filed by Remaining 546(e) Parties. (Attachments: #1 Exhibit A, #2 Exhibit B - Part 1, #3 Exhibit B - Part 2, #4 Exhibit B - Part 3, #5 Exhibit B - Part 4, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F)(Boccuzzi, Carmine)
July 27, 2012 Filing 260 MEMORANDUM OF LAW in Support re: #259 MOTION to Dismiss. / Memorandum of Law in Support of Consolidated Motion to Dismiss the Trustee's Claims Against BLMIS Customers and Others that are Precluded by Section 546(e) of the Bankruptcy Code. Document filed by Remaining 546(e) Parties. (Boccuzzi, Carmine)
July 27, 2012 Filing 259 MOTION to Dismiss. Document filed by Remaining 546(e) Parties. Responses due by 9/28/2012 Return Date set for 10/30/2012 at 04:00 PM.(Boccuzzi, Carmine)
July 27, 2012 Filing 258 DECLARATION of David Y. Livshiz in Support of Consolidated Memorandum of Law on Behalf of Financial Institution Defendants with Respect to Issues Raised by Order of the Court Dated May 15, 2012 in Support re: #256 MOTION to Dismiss /Notice of Motion to Dismiss, dated July 27, 2012.. Document filed by Financial Institution Defendants. (Attachments: #1 Exhibit A, #2 Exhibit B - Part 1, #3 Exhibit B - Part 2, #4 Exhibit C)(Friedman, Lawrence)
July 27, 2012 Filing 257 MEMORANDUM OF LAW in Support re: #256 MOTION to Dismiss /Notice of Motion to Dismiss, dated July 27, 2012. /Consolidated Memorandum of Law on Behalf of Financial Institution Defendants with Respect to Issues Raised by Order of the Court Dated May 15, 2012. Document filed by Financial Institution Defendants. (Friedman, Lawrence)
July 27, 2012 Filing 256 MOTION to Dismiss /Notice of Motion to Dismiss, dated July 27, 2012. Document filed by Financial Institution Defendants. (Attachments: #1 Exhibit A)(Friedman, Lawrence)
July 27, 2012 Opinion or Order Filing 255 CONSENT ORDER GRANTING CERTIFICATION PURSUANT TO FED. R. CIV. P. 54(b) FOR ENTRY OF FINAL JUDGMENT DISMISSING CERTAIN CLAIMS: For purposes of the 54(b) order only, the reference is deemed withdrawn from the Bankruptcy Court in each of the Inadvertently Omitted Actions for the limited purpose of deciding whether Section 546(e) of the Bankruptcy Code applies, limiting the Trustee's ability to avoid transfers. The Trustee and SIPC shall be deemed to have preserved all arguments concerning the application of Section 546(e) to the Trustee's claims in the Inadvertently Omitted Actions. The defendants in the Inadvertently Omitted Actions shall be deemed to have preserved and made all arguments relating to the application and effect of Section 546(e) of the Bankruptcy Code that were raised in the motions to dismiss in the Decided Actions. All objections and arguments that could be raised by the Trustee and/or SIPC to any motion to withdraw the reference, and all defenses and responses that could be raised in opposition to the Trustee and/or SIPC's objections and arguments, are preserved. The entry of final judgment dismissing the Trustee's claims in the Inadvertently Omitted Actions that are substantively identical to the Dismissed Claims ("Rule 54(b) Judgment") pursuant to Fed. R. Civ. P. 54(b) is appropriate. To permit entry of final judgment under Fed. R. Civ. P. 54(b), there must be multiple claims or multiple parties, at least one claim finally decided within the meaning of 28 U.S.C. 1291, and an express determination that there is no just reason for delay. In re Air Crash at Belle Harbor, N.Y., 490 F.3d 99, 108-09 (2d Cir. 2007) and as further set forth in this order. The Inadvertently Omitted Actions are consolidated under the action captioned Picard v. Blue Star Investors, LLC, et al., No. 11-cv-9059 (JSR) (S.D.N.Y.) (the "Blue Star Action"), but solely with respect to and for the purposes of entry of judgment on the claims in the Inadvertently Omitted Actions that are substantively identical to the Dismissed Claims, and not with respect to the Trustee's claims proceeding under Sections 548(a)(a )(1)(A) and 550(a) of the Bankruptcy Code. The Court will administer the consolidated proceedings under the following caption as set forth in this order. A single Rule 54(b) Judgment shall be entered in the Blue Star Action, which shall govern the Inadvertently Omitted Actions. The Rule 54(b) Judgment shall be entered only in the Blue Star Action. Counsel for the Trustee, SIPC and the lead counsel in the Inadvertently Omitted Actions are submitting an agreed form of the proposed Rule 54(b) Judgment, which is attached hereto as Exhibit C. Any appeal from the Rule 54(b) Judgment that the Trustee and/or SIPC may be entitled to file will be taken only from the judgment entered in the Blue Star Action. The Rule 54(b) Judgment and the Trustee's notice of appeal shall be deemed entered in all of the Inadvertently Omitted Actions without further notice or action. Notwithstanding the foregoing, the Trustee and SIPC shall not be prevented from filing additional separate notices of appeal in any of the Inadvertently Omitted Actions if the Trustee and SIPC determine the need to do so to preserve the right to appeal. There will be no right of cross-appeal as to any of the Rule 54(b) Judgments entered in the Blue Star Action or any other Inadvertently Omitted Action in which the Trustee determines to file a notice of appeal so as to limit the number and scope of appellate proceedings. (Signed by Judge Jed S. Rakoff on 7/27/2012) (lmb) Modified on 7/31/2012 (lmb).
July 26, 2012 Filing 254 CERTIFICATE OF SERVICE of Memorandum of Law in Opposition to Consolidated Memorandum of Law in Support of Motion to Dismiss Regarding Antecedent Debt Issues on Behalf of Withdrawal Defendants, as Ordered by the Court on May 12, 2012. Document filed by Irving H. Picard. (Simon, Howard)
July 25, 2012 Transmission to Docket Assistant Clerk. Transmitted re: #251 Order on Motion for Miscellaneous Relief to the Docket Assistant Clerk for case processing. (lmb)
July 25, 2012 Filing 253 CERTIFICATE OF SERVICE of Memorandum of Law in Opposition to Consolidated Memorandum of Law in Support of Motion to Dismiss Regarding Antecedent Debt Issues on Behalf of Withdrawal Defendants, as Ordered by the Court on May 12, 2012. Document filed by Irving H. Picard. (Warshavsky, Oren)
July 25, 2012 Filing 252 MEMORANDUM OF LAW in Opposition re: #196 MOTION to Dismiss Regarding Antecedent Debt Issues.. Document filed by Irving H. Picard. (Warshavsky, Oren)
July 25, 2012 Opinion or Order Filing 251 ORDER GRANTING THE MOTION FOR AN ORDER DIRECTING THE CLERK OF COURT TO CORRECT AND/OR SUPPLEMENT THE RECORD ON APPEAL TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT: granting #216 Motion for an Order Directing the Clerk of the Court to Correct and/or Supplement the Record on Appeal to the United States Court of Appeals for the Second Circuit. IT IS ORDERED that the Trustee's motion is granted in its entirety, and the record on appeal is hereby supplemented and/or corrected to include the dockets and papers from all of the Consolidated Matters (collectively, the "Appeal Records"), provided that this Order shall not affect or impair the substantive rights of any of the parties in the Consolidated Matters; and IT IS FURTHER ORDERED that the Clerk of Court is hereby directed promptly to forward to the United States Court of Appeals for the Second Circuit any and all Appeal Records for the Consolidated Matters. (Signed by Judge Jed S. Rakoff on 7/24/2012) (lmb)
July 25, 2012 Filing 250 MEMORANDUM OF LAW in Opposition re: #196 MOTION to Dismiss Regarding Antecedent Debt Issues.. Document filed by Securities Investor Protection Corporation. (Attachments: #1 Affidavit of service)(Bell, Kevin)
July 24, 2012 Filing 249 DECLARATION of Christopher R. Harris in Support re: #247 MOTION to Dismiss the Amended Complaint Based on Section 546(g) of the Bankruptcy Code. MOTION to Dismiss the Amended Complaint Based on Section 546(g) of the Bankruptcy Code.. Document filed by ABN AMRO Bank (Ireland) Ltd. (f/k/a Fortis Prime Fund Solutions Bank (Ireland) Ltd.), ABN AMRO Custodial Services (Ireland) Ltd., ABN AMRO Retained Custodial Services (Ireland) Limited. (Harris, Christopher)
July 24, 2012 Filing 248 MEMORANDUM OF LAW in Support re: #247 MOTION to Dismiss the Amended Complaint Based on Section 546(g) of the Bankruptcy Code. MOTION to Dismiss the Amended Complaint Based on Section 546(g) of the Bankruptcy Code.. Document filed by ABN AMRO Bank (Ireland) Ltd. (f/k/a Fortis Prime Fund Solutions Bank (Ireland) Ltd.), ABN AMRO Custodial Services (Ireland) Ltd., ABN AMRO Retained Custodial Services (Ireland) Limited. (Harris, Christopher)
July 24, 2012 Filing 247 MOTION to Dismiss the Amended Complaint Based on Section 546(g) of the Bankruptcy Code. Document filed by ABN AMRO Bank (Ireland) Ltd. (f/k/a Fortis Prime Fund Solutions Bank (Ireland) Ltd.), ABN AMRO Custodial Services (Ireland) Ltd., ABN AMRO Retained Custodial Services (Ireland) Limited.(Harris, Christopher)
July 24, 2012 Filing 246 NOTICE OF APPEARANCE by Frederick Reed Kessler on behalf of Chester Global Strategy Fund Limited, Chester Global Strategy Fund, LP, Irongate Global Strategy Fund Limited, Fairfield Greenwich Fund (Luxembourg), Fairfield Investment Fund Limited, Fairfield Investors (Euro) Ltd., Stable Fund LP (Kessler, Frederick)
July 24, 2012 Filing 245 NOTICE OF APPEARANCE by Fred H. Perkins on behalf of Patricia Silver, David Silver (Perkins, Fred)
July 20, 2012 Filing 243 BRIEF re: #197 Order, Set Deadlines/Hearings,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, BLMIS Customers' Consolidated Brief Responding to the Good Faith Issues Raised by Order of the Court Entered on June 25, 2012. Document filed by Alpha Prime Fund Limited, Senator Fund SpA.(Duffy, Todd)
July 20, 2012 Filing 242 BRIEF re: #197 Order, Set Deadlines/Hearings,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Consolidated Brief On Behalf Of Subsequent Transferee Defendants Responding To The Good Faith Standard Issues Raised By Order Of The Court Dated June 23, 2012. Document filed by Subsequent Transferee Defendants.(Fisher, Eric)
July 18, 2012 Filing 241 NOTICE OF APPEARANCE by Bethany Elisa Kriss on behalf of ABN AMRO Bank N.V.(The Royal Bank of Scotland N.V.) (Kriss, Bethany)
July 18, 2012 Filing 240 MEMORANDUM OF LAW in Support re: #238 MOTION to Dismiss the Complaint Pursuant to Section 546(g) of the Bankruptcy Code (related to 11 CV 6878). MOTION to Dismiss the Complaint Pursuant to Section 546(g) of the Bankruptcy Code (related to 11 CV 6878).. Document filed by ABN AMRO Bank N.V.(The Royal Bank of Scotland N.V.). (Feldberg, Michael)
July 18, 2012 Filing 239 DECLARATION of Michael S. Feldberg in Support re: #238 MOTION to Dismiss the Complaint Pursuant to Section 546(g) of the Bankruptcy Code (related to 11 CV 6878). MOTION to Dismiss the Complaint Pursuant to Section 546(g) of the Bankruptcy Code (related to 11 CV 6878).. Document filed by ABN AMRO Bank N.V.(The Royal Bank of Scotland N.V.). (Attachments: #1 Exhibit A (Part 1), #2 Exhibit A (Part 2), #3 Exhibit B, #4 Exhibit C)(Feldberg, Michael)
July 18, 2012 Filing 238 MOTION to Dismiss the Complaint Pursuant to Section 546(g) of the Bankruptcy Code (related to 11 CV 6878). Document filed by ABN AMRO Bank N.V.(The Royal Bank of Scotland N.V.). Responses due by 8/31/2012 Return Date set for 9/24/2012 at 04:30 PM.(Feldberg, Michael)
July 13, 2012 Filing 236 DECLARATION of Marco E. Schnabl in Support re: #234 MOTION to Dismiss by Extraterritorial Defendants.. Document filed by Pioneer Alternative Investment Management Ltd., Pioneer Global Asset Management S.p.A., UniCredit S.p.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Schnabl, Marco)
July 13, 2012 Filing 235 MEMORANDUM OF LAW in Support re: #234 MOTION to Dismiss by Extraterritorial Defendants.. Document filed by Pioneer Alternative Investment Management Ltd., Pioneer Global Asset Management S.p.A., UniCredit S.p.A.. (Schnabl, Marco)
July 13, 2012 Filing 234 MOTION to Dismiss by Extraterritorial Defendants. Document filed by Pioneer Alternative Investment Management Ltd., Pioneer Global Asset Management S.p.A., UniCredit S.p.A.. Responses due by 7/13/2012 Return Date set for 9/21/2012 at 04:00 PM.(Schnabl, Marco)
July 13, 2012 Filing 233 DECLARATION of Jeff E. Butler in Support re: #231 MOTION to Dismiss (Consolidated) the Trustee's Counts for Disallowance of Customer Claims Based on Section 502(d) of the Bankruptcy Code filed by Defendants Cardinal Managment, Inc., Dakota Global Investments, Ltd., Herald Fund SPC, Joint Liqu MOTION to Dismiss (Consolidated) the Trustee's Counts for Disallowance of Customer Claims Based on Section 502(d) of the Bankruptcy Code filed by Defendants Cardinal Managment, Inc., Dakota Global Investments, Ltd., Herald Fund SPC, Joint Liqu. Document filed by Cardinal Management, Inc., Dakota Global Investments, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Butler, Jeff)
July 13, 2012 Filing 232 MEMORANDUM OF LAW in Support re: #231 MOTION to Dismiss (Consolidated) the Trustee's Counts for Disallowance of Customer Claims Based on Section 502(d) of the Bankruptcy Code filed by Defendants Cardinal Managment, Inc., Dakota Global Investments, Ltd., Herald Fund SPC, Joint Liqu MOTION to Dismiss (Consolidated) the Trustee's Counts for Disallowance of Customer Claims Based on Section 502(d) of the Bankruptcy Code filed by Defendants Cardinal Managment, Inc., Dakota Global Investments, Ltd., Herald Fund SPC, Joint Liqu. Document filed by Cardinal Management, Inc., Dakota Global Investments, Ltd.. (Butler, Jeff)
July 13, 2012 Filing 231 MOTION to Dismiss (Consolidated) the Trustee's Counts for Disallowance of Customer Claims Based on Section 502(d) of the Bankruptcy Code filed by Defendants Cardinal Managment, Inc., Dakota Global Investments, Ltd., Herald Fund SPC, Joint Liquidators of Kingate Global Fund Ltd., and Kingate Euro Fund Ltd.. Document filed by Cardinal Management, Inc., Dakota Global Investments, Ltd.. Responses due by 9/12/2012 Return Date set for 10/9/2012 at 03:00 PM.(Butler, Jeff)
July 13, 2012 Filing 230 NOTICE OF APPEARANCE by Nathanael Stephen Kelley on behalf of Securities Investor Protection Corporation (Attachments: #1 Affidavit of Service)(Kelley, Nathanael)
July 12, 2012 Opinion or Order Filing 244 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) (cd) Modified on 7/26/2012 (laq).
July 12, 2012 Filing 229 NOTICE OF APPEARANCE by Sarah Elizabeth Mendola on behalf of Luc D. Estenne, Partners Advisers S.A., Square Asset Management Ltd., Square One Fund Ltd. (Mendola, Sarah)
July 12, 2012 Filing 228 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Rafale Partners, Inc. for Dakota Global Investments, Ltd.; Corporate Parent Fidelity International Private Foundation for Cardinal Management, Inc.. Document filed by Cardinal Management, Inc., Dakota Global Investments, Ltd..(Butler, Jeff)
July 12, 2012 Filing 227 NOTICE OF APPEARANCE by Tammy Phyllis Bieber on behalf of Square One Fund Ltd., Square Asset Management Ltd., Partners Advisers S.A., Luc D. Estenne (Bieber, Tammy)
July 12, 2012 Filing 226 NOTICE OF APPEARANCE by Jeff Edward Butler on behalf of Cardinal Management, Inc., Dakota Global Investments, Ltd. (Butler, Jeff)
July 10, 2012 Filing 225 DECLARATION of Oren J. Warshavsky In Support of Trustee's Memorandum of Law in Opposition to Defendant's Motion to Withdraw the Reference (Robert Roman). Document filed by Irving H. Picard. (Attachments: #1 Exhibit 1-Roman Complaint)(Warshavsky, Oren)
July 10, 2012 Filing 224 MEMORANDUM OF LAW in Opposition to Defendant's Motion to Withdraw the Reference (Robert Roman). Document filed by Irving H. Picard. (Warshavsky, Oren)
July 10, 2012 Filing 223 BRIEF Memorandum of Law of the Securities Investor Protection Corporation in Opposition to Defendant's (Robert Roman) Motion to Withdraw the Reference. Document filed by Securities Investor Protection Corporation. (Attachments: #1 Affidavit of Service)(Bell, Kevin)
July 6, 2012 Opinion or Order Filing 222 STIPULATION AND ORDER: BASED ON THE FOREGOING, IT IS HEREBY: ORDERED, that the Joinder is hereby withdrawn and the Clerk of the Court is ordered to close item number three on the docket of 11 Civ. 7112. ORDERED, that AIA Ltd. is removed from and may not participate in the briefing pursuant to the Consolidated Briefing Orders.ORDERED, that docket 12 Civ. 7112 is hereby closed as to all Defendants, and all matters arising therein are deemed dismissed as to the Defendants pursuant to Rule 4l(a) of the Federal Rules of Civil Procedure.ORDERED, that this Stipulation and Order shall supersede the Stipulation and Order (see Picard v. Trotanoy Inv. Co. Ltd., No. 11 Civ. 7112 (JSR) (S.D.N.Y. June 22, 2012) (ECF No. 23) and No. 12 Misc. 115 (JSR) (S.D.N.Y. June 22, 2012) (ECF No. 194)), solely as applied to AIA Ltd. (Signed by Judge Jed S. Rakoff on 7/5/2012) (js)
July 5, 2012 Opinion or Order Filing 221 ORDER: Thus, the Court directs the parties to continue according to the procedures that were arranged for the consolidated briefing. The Clerk of the Court is hereby directed to close item number 1 on the docket of 11 Civ. 7576 (JSR). (Signed by Judge Jed S. Rakoff on 7/3/2012) (djc)
July 5, 2012 Opinion or Order Filing 220 ORDER: The Court has consolidated merits briefing in all proceedings that have raised these issues. See Order dated April 13, 2012; Order dated May 15, 2012; Order dated June 6, 2012; Order dated June 23, 2012. Accordingly, the Court directs the parties to continue according to the procedures that were arranged for the consolidated briefing. The Clerk of the Court is ordered to close item number one on the dockets of 11 Civ. 7764 and 11 Civ. 7765. (Signed by Judge Jed S. Rakoff on 7/3/2012) (djc) Modified on 7/6/2012 (djc). Modified on 7/6/2012 (djc).
July 3, 2012 Opinion or Order Filing 237 ORDER: The Court has consolidated merits briefing in all proceedings that have raised the issues listed above. See Order dated April 13, 2012. Order relating to 546(e) dated May 15, 2012; Order relating to Standing and SLUSA dated May 15, 2012. Order dated June 6, 2012. Therefore, the Court directs the parties to continue according to the procedures that were previously arranged for the consolidated resolution of the issues the defendants have raised Citi Hedge also asks the Court to withdraw the reference to determine whether SIPA and other securities laws alter the standard the Trustee must meet in order to show that a defendant did not receive transfers in "good faith" under 11 U.S.C. 550(b}. For the reasons stated in Picard v. Primeo Fund et al., 11 Civ. 6524 (JSR) (S.D.N.Y. May IS, 2012), the Court withdraws the reference in order to resolve this issue. The Court has previously consolidated briefing on the issue of good faith, see Order dated Order dated June 23, 2012, and thus directs the Trustee, the Securities Investor Protection Corporation, and Citi Hedge to proceed in accordance with that Order. The Clerk of the Court is ordered to close items number one, twelve, and eighteen on the docket of 11 civ. 7134 and item number one on the docket of 11 Civ. 7256. (Signed by Judge Jed S. Rakoff on 7/2/2012) (pl)
July 3, 2012 Opinion or Order Filing 219 STIPULATION AND ORDER: BASED ON THE FOREGOING, IT IS HEREBY: ORDERED, that Hassans hereby withdraws as moot its Withdrawal Motion and the Clerk of the Court is ordered to close item number one on the docket 12 Civ. 2662. ORDERED, that Hassans shall no longer be subject to the Section 546(e) Consolidated Briefing Order and shall hereby be deemed removed from the relevant Exhibit to that order. ORDERED, that nothing in this Stipulation shall waive or otherwise impair any challenge to personal jurisdiction, venue, or the jurisdiction of this Court or any other court that Hassans may assert. (Signed by Judge Jed S. Rakoff on 7/2/2012) (djc)
July 3, 2012 Filing 218 AFFIDAVIT OF SERVICE of Motion for an Order to Correct and/or Supplement the Record on Appeal and Supporting Papers on 7/3/12. Document filed by Irving H. Picard. (Warshavsky, Oren)
July 3, 2012 Filing 217 DECLARATION of Oren J. Warshavsky in Support re: #216 MOTION for an Order Directing the Clerk of the Court to Correct and/or Supplement the Record on Appeal to the United States Court of Appeals for the Second Circuit.. Document filed by Irving H. Picard. (Attachments: #1 Exhibit A)(Warshavsky, Oren)
July 3, 2012 Filing 216 MOTION for an Order Directing the Clerk of the Court to Correct and/or Supplement the Record on Appeal to the United States Court of Appeals for the Second Circuit. Document filed by Irving H. Picard. (Attachments: #1 Text of Proposed Order)(Warshavsky, Oren)
July 3, 2012 Opinion or Order Filing 215 STIPULATION AND ORDER: Hassans hereby withdraws as moot its Withdrawal Motion and the Clerk of the Court is ordered to close item nmnber one on the docket 12 Civ. 2662. Hassans shall no longer be subject to the Section 546(e) Consolidated Briefing Order and shall hereby be deemed removed from the relevant Exhibit to that order. Nothing in this Stipulation shall waive or otherwise impair any challenge to personal jurisdiction, venue, or the jurisdiction of this Court or any other court that Hassans may assert. (Signed by Judge Jed S. Rakoff on 7/2/2012) (jar)
July 3, 2012 Opinion or Order Filing 214 ORDER: : the Court grants the defendants motion for withdrawal of the reference on the issues discussed above. The Court directs the parties to jointly call Chambers no later than August 1, 2012 to schedule further proceedings on the two issues that are not subject to consolidated briefing. The Clerk of the Court is ordered to close item number one on the docket of 11 Civ. 7825. (Signed by Judge Jed S. Rakoff on 7/2/2012) (pl)
July 2, 2012 Filing 213 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 6/18/2012 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)
July 2, 2012 Filing 212 TRANSCRIPT of Proceedings re: Conference held on 6/18/2012 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Patricia Nilsen, (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 7/26/2012. Redacted Transcript Deadline set for 8/6/2012. Release of Transcript Restriction set for 10/4/2012.(McGuirk, Kelly)
June 29, 2012 Filing 211 NOTICE OF APPEARANCE by Max Folkenflik on behalf of Joyce C. Auerbach, Robert Auerbach, The Joyce C.Auerbach Revocable Trust, The Robert Auerbach Revocable Trust (Folkenflik, Max)
June 29, 2012 Filing 210 NOTICE OF APPEARANCE by Max Folkenflik on behalf of Gutmacher Enterprises, LP, Estate of Rose Gutmacher, The Trust FBO Nicole Girard U/A/D 12/2/97, Nicole Girard, THE BARBARA GIRARD TESTAMENTARY TRUST FBO NICOLE GIRARD, Thomas D. Kearns, George S. Kaufman, Richard Weinberger (Folkenflik, Max)
June 29, 2012 Filing 209 NOTICE OF APPEARANCE by Max Folkenflik on behalf of CRS Revocable Trust, Constance R. Sisler, Edith G. Sisler, Allan R. Tessler (Folkenflik, Max)
June 29, 2012 Filing 208 NOTICE OF APPEARANCE by Max Folkenflik on behalf of The S. James Coppersmith Charitable Remainder Unitrust, S. James Coppersmith, Janice G. Coppersmith, Seymour Zises (Folkenflik, Max)
June 29, 2012 Filing 207 NOTICE OF APPEARANCE by Max Folkenflik on behalf of Robert S. Bernstein (Folkenflik, Max)
June 29, 2012 Filing 206 NOTICE OF APPEARANCE by Max Folkenflik on behalf of Joyce C. Auerbach, Robert Auerbach, CRS Revocable Trust (Folkenflik, Max)
June 27, 2012 Opinion or Order Filing 205 STIPULATION AND ORDER: The S&P and P&S Withdrawal Motions are hereby withdrawn and the Clerk of the Court is ordered to close item number one on the dockets of 12 Civ. 2316 and 12 Civ. 2317. ORDERED, that the Roman Withdrawal Motion shall be governed by the briefing and argument schedule set forth herein which the Court previously approved for the S&P and P&S Withdrawal Motions during a chambers conference on April, 23. 2012. ORDERED, that the S&P Defendants and P&S Defendants shall no longer be subject to the Stern Consolidated Briefing Order, the Section 546(e) Consolidated Briefing Order. or the Antecedent Debt Consolidated Briefing Order, and shall hereby be deemed removed from the relevant Exhibits to those orders. ORDERED, that dockets 12 Civ. 2316 and 12 Civ. 2317 are hereby closed, and all matters arising therein are deemed dismissed pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. (Signed by Judge Jed S. Rakoff on 6/26/2012) (ft) Modified on 6/27/2012 (ft).
June 26, 2012 Opinion or Order Filing 203 CONSENT ORDER: On consent of (i) the defendants listed herein and on Exhibit A hereto (collectively, the "Defendants"), (ii) Irving H. Picard, as Trustee (the "Trustee") for the substantively consolidated liquidation proceedings of Bernard L. Madoff Investment Securities LLC under the Securities Investor Protection Act, and (iii) the Securities Investor Protection Corporation ("SIPC", together with the Defendants and the Trustee, the "Parties"), the Parties agree on Consent to the additional terms and conditions that are set forth in this Order. (Signed by Judge Jed S. Rakoff on 6/25/2012) (pl)
June 26, 2012 Opinion or Order Filing 202 MEMORANDUM: In sum, the Court finds that the defendants' delay in bringing the current motion to withdraw the reference has not caused any prejudice that would outweigh the defendants' substantial interest in having an Article III court resolve any substantial issues of non-bankruptcy law. Accordingly, the Court finds that defendants have "timely" moved for withdrawal under 28 U.S.C. 157(d). Because, as described above! the defendants have identified multiple issues requiring substantial and material interpretation of non-bankruptcy law! the Court affirms its bottom line Order of March 13, 2012. (Signed by Judge Jed S. Rakoff on 6/25/2012) (pl)
June 26, 2012 Appeal Remark as to (190 in 1:12-mc-00115-JSR) Notice of Appeal, filed by Irving H. Picard, (17 in 1:11-cv-07603-JSR) Notice of Appeal, filed by Irving HPicard. Hard copies of the Notice of Appeal were mailed to Donald N. David of Akerman Senterfit LLP, 335 Madison Ave., Suite 2600, New York, NY 10017, and Peter Smith and Julie Gorchkova of Becker & Poliakoff, 45 Broadway, New York, NY 10017. (tp)
June 26, 2012 Appeal Remark as to (190 in 1:12-mc-00115-JSR) Notice of Appeal, filed by Irving H. Picard, (17 in 1:11-cv-07603-JSR) Notice of Appeal, filed by Irving H. Picard. The Appeals Unit in the U.S. District Court served the Notice of Appeal on the parties via e-mail on updated parties. The e-mail Addresses are: jdwarner@warnerandscheuerman.com, vmachcinski@krebsbach.com, tplastaras@gwbplaw.com (tp)
June 25, 2012 Opinion or Order Filing 204 ORDER: BASED ON THE FOREGOING, IT IS HEREBY ORDERED AS FOLLOWS: 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 Good Faith Standard Defendants for the limited purpose of hearing and determining whether SIPA and other securities laws alter the standard the Trustee must meet in order to show that a defendant did not receive transfers in "good faith" under either 11 U.S.C. 548(c) or 11 U.S.C. 550(b). Except as otherwise provided herein or in other orders of this Court, the reference to the Bankruptcy Court is otherwise maintained for all other purposes; On or before July 20, 2012, the Initial Transferee Defendants and the Subsequent Transferee Defendants shall each file a consolidated memorandum of law, not to exceed forty(40) pages, each addressing the Good Faith Standard Issues (the "Initial Transferee Good Faith Standard Brief' and the "Subsequent Transferee Good Faith Standard Brief'; collectively, the "Opening Good Faith Standard Briefs"). On or before August 10, 2012, the Good Faith Standard Defendants may file up to five (5) separate supplemental briefs reflecting materially relevant differences between identifiable subgroups of defendants to raise issues relevant to each subgroup, and which may seek dismissal, but which are not otherwise raised or addressed in the Opening Good Faith Standard Briefs (each, "Supplemental Good Faith Standard Brief," and together with the Opening Good Faith Standard Briefs, the "Good Faith Standard Briefs"), with each such Supplemental Good Faith Standard Brief not to exceed eight (8) pages; On or before August 31, 2012, the Trustee and SIPC shall each file a memorandum of law in opposition to the Opening Good Faith Standard Briefs, not to exceed forty (40) pages each, addressing the Good Faith Standard Issues; On or before September 14, 2012, the Initial Transferee Defendants and Subsequent Transferee Defendants shall each file a consolidated reply brief, not to exceed twenty (20) pages; On or before September 14, 2012, the Trustee and SIPC may either (i) each file a separate memorandum of law in opposition to each Supplemental Good Faith Standard Brief filed with the Court, with each opposition not to exceed eight (8) pages or (ii) choose to file separate consolidated memoranda of law in opposition to the Supplemental Good Faith Standard Briefs with such consolidated brief(s) filed by the Trustee and SIPC not to exceed a total of forty (40) pages in the aggregate for each of the Trustee and SIPC; Young Conaway Stargatt & Taylor, LLP, which is conflicts counsel for the Trustee, and Windels Marx Lane & Mittendorf, LLP, which is special counsel to the Trustee, each may file a joinder, not to exceed two (2) pages (excluding exhibits), on behalf of the Trustee in certain of the adversary proceedings listed on Exhibit A hereto, to the Trustee's opposition to (i) the Opening Good Faith Standard Briefs on or before August 31, 2012 and (ii) to each Supplemental Good Faith Standard Brief on or before September 14, 2012; The Court will hold oral argument on the matters raised in the Good Faith Standard Briefs filed by the Good Faith Standard Defendants and the Trustee's and SIPC's oppositions thereto on October 12, 2012, at 4:00 p.m. (the "Good Faith Standard Hearing Date"); 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; The procedures established by this Order, or by further order of this Court, shall constitute the sole and exclusive procedures for determination of the Good Faith Standard Issues 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 Good Faith Standard Issues in any of the Adversary Proceedings, this Order supersedes all such schedules solely with respect to the Good Faith Standard Issues. To the extent that briefing or argument schedules are prospectively established with respect to motions to withdraw the reference or motions to dismiss in any of the Adversary Proceedings, the Good Faith Standard Issues shall be excluded from such briefing or argument and such order is vacated. For the avoidance of doubt, to the extent any of the Good Faith Standard Defendants have issues other than the Good Faith Standard Issues or issues set forth in the other common briefing orders that were withdrawn, those issues will continue to be briefed on the schedule previously ordered by the Court. Except as stated in this paragraph, this Order shall not be deemed or construed to modify, withdraw or reverse any prior order of the Court that granted withdrawal of the reference in any Adversary Proceeding for any reason, and as further set forth within., ( Oral Argument set for 10/12/2012 at 04:00 PM before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 6/23/2012) (pl)
June 25, 2012 Opinion or Order Filing 201 MEMORANDUM ORDER: For the foregoing reasons, the Court withdraws the reference of these cases to the bankruptcy court for the limited purposes of deciding: (i) whether SIPA and other securities laws alter the standard the Trustee must meet in order to show that a defendant did not receive transfers in "good faith" under 11 U.S.C. 548(c); (ii) whether the Trustee may, consistent with non-bankruptcy law, avoid transfers that Madoff Securities purportedly made in order to satisfy antecedent debts; (iii) whether 11 U.S.C. 546(e) applies to these cases, limiting the Trustee's ability to avoid transfers; (iv) whether provisions of the IRC and ERISA that mandated withdrawals from customers' Madoff Securities accounts prevent the Trustee from avoiding the required withdrawals as fraudulent; (v) whether, after the United States Supreme Court's recent decision in Stern v. Marshall, 131 S. Ct. 2594 (2011), final resolution of claims to avoid transfers as fraudulent requires an exercise of "judicial Power," preventing the bankruptcy court from finally resolving such claims; and (vi) whether, if the bankruptcy court cannot finally resolve the fraudulent transfer claims in this case, it has the authority to render findings of fact and conclusions of law before final resolution. In all other respects, the motions to withdraw are denied. The parties to any case that presents withdrawn issues which are not subject to consolidated briefing should convene a conference call no later than June 4, 2012 to schedule further proceedings. The Clerk of the Court is hereby ordered to close document number 1 on the docket of each case. (Signed by Judge Jed S. Rakoff on 6/25/2012) (pl)
June 25, 2012 Filing 200 CERTIFICATE OF SERVICE of Memorandum of Law and Supporting Documents served on Parties who Receive Service through ECF on June 25, 2012. Document filed by Antecedent Debt Defendants Listed in Appendix A of the Court's May 12, 2012 Order. (Kirby, Richard)
June 25, 2012 Filing 199 MEMORANDUM OF LAW in Support re: #196 MOTION to Dismiss Regarding Antecedent Debt Issues. On Behalf of Withdrawal Defendants as Ordered by the Court on May 12, 2012. Document filed by Antecedent Debt Defendants Listed in Appendix A of the Court's May 12, 2012 Order. (Kirby, Richard)
June 25, 2012 Filing 198 DECLARATION of Richard A. Kirby in Support re: #196 MOTION to Dismiss Regarding Antecedent Debt Issues.. Document filed by Antecedent Debt Defendants Listed in Appendix A of the Court's May 12, 2012 Order. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kirby, Richard)
June 25, 2012 Opinion or Order Filing 197 ORDER: BASED ON THE FOREGOING, IT IS HEREBY ORDERED AS FOLLOWS: 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 Good Faith Standard Defendants for the limited purpose of hearing and determining whether SIPA and other securities laws alter the standard the Trustee must meet in order to show that a defendant did not receive transfers in "good faith" under either 11 U.S.C. 548(c) or II U.S.c. 550(b). Except as otherwise provided herein or in other orders of this Court, the reference to the Bankruptcy Court is otherwise maintained for all other purposes; On or before July 20, 2012, the Initial Transferee Defendants and the Subsequent Transferee Defendants shall each file a consolidated memorandum of law, not to exceed forty(40) pages, each addressing the Good Faith Standard Issues (the "Initial Transferee Good Faith Standard Brief' and the "Subsequent Transferee Good Faith Standard Brief'; collectively, the "Opening Good Faith Standard Briefs"). On or before August 10, 2012, the Good Faith Standard Defendants may file up to five (5) separate supplemental briefs reflecting materially relevant differences between identifiable subgroups of defendants to raise issues relevant to each subgroup, and which may seek dismissal, but which are not otherwise raised or addressed in the Opening Good Faith Standard Briefs (each, "Supplemental Good Faith Standard Brief," and together with the Opening Good Faith Standard Briefs, the "Good Faith Standard Briefs"), with each such Supplemental Good Faith Standard Brief not to exceed eight (8) pages; On or before August 31, 2012, the Trustee and SIPC shall each file a memorandum of law in opposition to the Opening Good Faith Standard Briefs, not to exceed forty (40) pages each, addressing the Good Faith Standard Issues; On or before September 14, 2012, the Initial Transferee Defendants and Subsequent Transferee Defendants shall each file a consolidated reply brief, not to exceed twenty (20) pages; On or before September 14, 2012, the Trustee and SIPC may either (i) each file a separate memorandum of law in opposition to each Supplemental Good Faith Standard Brief filed with the Court, with each opposition not to exceed eight (8) pages or (ii) choose to file separate consolidated memoranda of law in opposition to the Supplemental Good Faith Standard Briefs with such consolidated brief(s) filed by the Trustee and SIPC not to exceed a total of forty (40) pages in the aggregate for each of the Trustee and SIPC; Young Conaway Stargatt & Taylor, LLP, which is conflicts counsel for the Trustee, and Windels Marx Lane & Mittendorf, LLP, which is special counsel to the Trustee, each may file a joinder, not to exceed two (2) pages (excluding exhibits), on behalf of the Trustee in certain of the adversary proceedings listed on Exhibit A hereto, to the Trustee's opposition to (i) the Opening Good Faith Standard Briefs on or before August 31, 2012 and (ii) to each Supplemental Good Faith Standard Brief on or before September 14, 2012; The Court will hold oral argument on the matters raised in the Good Faith Standard Briefs filed by the Good Faith Standard Defendants and the Trustee's and SIPC's oppositions thereto on October 12, 2012, at 4:00 p.m. (the "Good Faith Standard Hearing Date"); 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; The procedures established by this Order, or by further order of this Court, shall constitute the sole and exclusive procedures for determination of the Good Faith Standard Issues 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 Good Faith Standard Issues in any of the Adversary Proceedings, this Order supersedes all such schedules solely with respect to the Good Faith Standard Issues. To the extent that briefing or argument schedules are prospectively established with respect to motions to withdraw the reference or motions to dismiss in any of the Adversary Proceedings, the Good Faith Standard Issues shall be excluded from such briefing or argument and such order is vacated. For the avoidance of doubt, to the extent any of the Good Faith Standard Defendants have issues other than the Good Faith Standard Issues or issues set forth in the other common briefing orders that were withdrawn, those issues will continue to be briefed on the schedule previously ordered by the Court. Except as stated in this paragraph, this Order shall not be deemed or construed to modify, withdraw or reverse any prior order of the Court that granted withdrawal of the reference in any Adversary Proceeding for any reason, and as further set forth within. ( Oral Argument set for 10/12/2012 at 04:00 PM before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 6/23/2012) (laq)
June 25, 2012 Filing 196 MOTION to Dismiss Regarding Antecedent Debt Issues. Document filed by Antecedent Debt Defendants Listed in Appendix A of the Court's May 12, 2012 Order. Responses due by 7/25/2012 Return Date set for 8/20/2012 at 04:00 PM.(Kirby, Richard)
June 25, 2012 Opinion or Order Filing 195 STIPULATION AND ORDER. IT IS HEREBY: ORDERED, that the Withdrawal Motions shall no longer be governed by the briefing and argument schedule described herein which the Court previously approved during a chambers conference on April 17, 2102. ORDERED, that the Defendants are directed to continue their relevant briefings according to the procedures outlined in the Stern Consolidated Briefing Order, the Antecedent Consolidated Briefing Debt Order, and the Section 546 Appeal. ORDERED, that the Withdrawal Motions are hereby withdrawn solely with respect to the SLUSA Issue. (Signed by Judge Jed S. Rakoff on 6/22/2012) (rjm)
June 25, 2012 Appeal Remark as to (190 in 1:12-mc-00115-JSR) Notice of Appeal, filed by Irving H. Picard, (17 in 1:11-cv-07603-JSR) Notice of Appeal, filed by Irving H. Picard. The Appeals Unit in the U.S. District Court served the Notice of Appeal on the parties via e-mail. The e-mail Addresses are listed below. glee@mofo.com; jhaims@mofo.com; ldearcy@mofo.com; christopher.harris@lw.com; cameron.smith@lw.com; joseph.serino@kirkland.com; david.flugman@kirkland.com; seidelb@dicksteinshapiro.com; greers@dicksteinshapiro.com; bergers@dicksteinshapiro.com; dcoffino@cov.com; avinegrad@cov.com; sdratch@njcounsel.com; dbarrack@fulbright.com; drosenzweig@fulbright.com; mvciresi@rkmc.com; tbhatch@rkmc.com; dariehl@rkmc.com; hjones@jonesschwartz.com; rfeldman@rfs-law.com; mlivingston@rfs-law.com; marcy.harris@srz.com; frank.lasalle@srz.com; mark.richardson@srz.com; mbrosterman@stroock.com; dwalsman@stroock.com; cguhin@stroock.com; wcurchack@loeb.com; gschwed@loeb.com; dbesikof@loeb.com; anthony.paccione@kattenlaw.com; ashapiro@machtshapiro.com; eolney@shapiroarato.com; richard.kirby@klgates.com; robert.honeywell@klgates.com; jpasternak@rattetlaw.com; jglucksman@rattetlaw.com; paloe@kudmanlaw.com; mcohen@kudmanlaw.com; tfleming@olshanlaw.com; jandrophy@olshanlaw.com; deiseman@golenbock.com; dfurth@golenbock.com; steven.wilamowsky@bingham.com; fperkins@morrisoncohen.com; mdallago@morrisoncohen.com; tgannon@sglllp.com; rkatz@sglllp.com; william.barrett@bfkn.com; kim.robinson@bfkn.com; tklestadt@klestadt.com; bscott@klestadt.com; zrosenbaum@lowenstein.com; pgreene@lowenstein.com; akushner@lowenstein.com; susan.balaschak@akerman.com; kathlyn.schwartz@akerman.com; elissa.fudim@akerman.com; michael.goldberg@akerman.com; ppartee@hunton.com; rnorton@hunton.com; rrich2@hunton.com; AMingione@BlankRome.com; RCronin@BlankRome.com; JMasella@BlankRome.com; cloewenson@mofo.com; dbrown@mofo.com; plewis@lewismckenna.com; bradsimon@simonlawyers.com; jjureller@klestadt.com; tgoldberg@daypitney.com; jveit@golenbock.com; lmay@coleschotz.com; jbienstock@coleschotz.com; barry.vasios@hklaw.com; barbra.parlin@hklaw.com; phollander@ohdlaw.com; gkinoian@ohdlaw.com; phheer@duanemorris.com; MBShulkin@duanemorris.com; PDMoore@duanemorris.com; JDSternklar@duanemorris.com; ajakoby@herrick.com; tab@rosenfeldlaw.com; steve@rosenfeldlaw.com; efrejka@kramerlevin.com; pbentley@kramerlevin.com; rabrams@katskykorins.com; snewman@katskykorins.com; gmashberg@proskauer.com; rspinogatti@proskauer.com; michael.riela@lw.com; harrisonm@optonline.net; evf@sovrlaw.com; jk@sovrlaw.com; bruce.schaeffer@gmail.com; tjschell@bryancave.com; rhd@schlamstone.com; bdk@schlamstone.com; mintz@mintzandgold.com; McCormick@mintzandgold.com; wiig@mintzandgold.com; kschachter@sillscummis.com; lsapir@sillscummis.com; khicks@wcsm445.com; jsherman@wcsm445.com; asherman@sillscummis.com; sschlesinger@jaspanllp.com; sscott@jaspanllp.com; gfox@fklaw.com; linder@clayro.com; bstrickland@wtplaw.com; pnussbaum@wtplaw.com; koestreicher@wtplaw.com; sgann@levingann.com; bwille@kflaw.com; cferguson@kflaw.com; mzelmanovitz@morganlewis.com; agottfried@morganlewis.com; jwolfe@skoloffwolfe.com; mweinstein@golenbock.com; auerbach@mjaesq.com; lneish@zuckerman.com; wweintraub@fklaw.com; kjarashow@fklaw.com; dmark@kasowitz.com; sweiss@seegerweiss.com; paminolroaya@seegerweiss.com; carole.neville@snrdenton.com; Hchaitman@beckerny.com; ecowit@kudmanlaw.com; robert.rosenberg@lw.com; rosenberg@clayro.com; bgarbutt@morganlewis.com; brian.muldrew@kattenlaw.com; lacyr@sullcrom.com; fritschj@sullcrom.com; sinopolea@sullcrom.com; zlandsman@beckerglynn.com; jstern@beckerglynn.com; mmufich@beckerglynn.com; ais1548@leonard.com; blake.shepard@leonard.com; mparry@mosessinger.com; ctompkins@shulaw.com; tshapiro@shulaw.com; mblauner@shulaw.com; helisofon@herrick.com; hhuynh@herrick.com; laura.clinton@klgates.com; martha.rodriguezlopez@klgates.com; scottj@sullcrom.com; berarduccip@sullcrom.com; wprickett@seyfarth.com; rmalloy@seyfarth.com; csalomon@beckerglynn.com; aostrow@beckerglynn.com; slmeisel@beckermeisel.com; mgold@kkwc.com; bschweiger@skoloffwolfe.com; seichel@crowell.com; llarue@qslwm.com; ; jwalker@mmlpc.com; Sgoldlaw@gmail.com; dfetterman@kasowitz.com; rsignorelli@nyclitigator.com; tkinzler@kelleydrye.com; dschimmel@kelleydrye.com; jmetzinger@kelleydrye.com; asteinberg@kslaw.com; mbartelstone@kslaw.com; dwollmuth@wmd-law.com; mburke@wmd-law.com; dcarroll@ingramllp.com; jschain@ingramllp.com; lshalov@mclaughlinstern.com; mrosenberg@mclaughlinstern.com; kleonetti@foleyhoag.com; MFolkenflik@fmlaw.net; ptabibi@meltzerlippe.com; sdonahue@meltzerlippe.com; jrfbnk@gmail.com; ebadway@foxrothschild.com; jeff.butler@cliffordchance.com; jangel@herrick.com; eschmidt@herrick.com; grossmansm@gtlaw.com; hkleinhendler@wmllp.com; sspiegelman@wmllp.com; dglosband@goodwinprocter.com; lmorton@goodwinprocter.com; cnewcomb@goodwinprocter.com; davidbernfeld@bernfeld-dematteo.com; risrael@wolffsamson.com; mdickler@sperling-law.com; jeffreybernfeld@bernfeld-dematteo.com; hharris@daypitney.com; dparker@kkwc.com; mmulholland@rmfpc.com; ttelesca@rmfpc.com; jflaxer@golenbock.com; eoconnor@fzwz.com; Jzulack@fzwz.com; mdavis@fzwz.com; lwiesenfelder@dowlohnes.com; jwcohen@daypitney.com; ahalperin@halperinlaw.net; sziluck@halperinlaw.net; ncohen@halperinlaw.net; Jcooperman@KelleyDrye.com; skim@kelleydrye.com; mkasowitz@kasowitz.com; jlsaffer@jlsaffer.com; rcorozzo1@gmail.com; kfletcher@mofo.com; fkessler@wmd-law.com; pdefilippo@wmd-law.com; mhennessy@westermanllp.com; RGabriele@westermanllp.com; Jmiller@westermanllp.com; jwesterman@westermanllp.com; bhanyc@gmail.com; mhays@dowlohnes.com; dprichard@dowlohnes.com; dgreenwald@cravath.com; rlevin@cravath.com; dellajo@duanemorris.com; andrea.robinson@wilmerhale.com; charles.platt@wilmerhale.com; george.shuster@wilmerhale.com; pjw@stim-warmuth.com; gpw@stim-warmuth.com; rrosensweig@goulstonstorrs.com; pbilowz@goulstonstorrs.com; law@mcclay-alton.com; jweiner@fhwnlaw.com; ldalessandro@milbermakris.com; mlanza@milbermakris.com; kesha.tanabe@maslon.com; mpahmer@stroock.com; qmurphy@stroock.com; blax@laxneville.com; bneville@laxneville.com; gpretto@laxneville.com; gkachroo@kachroolegal.com; mhuttenlocher@mwe.com; djocelyn@mwe.com; brian.schmidt@kattenlaw.com; rhaddad@oshr.com; kmcmurdy@foxrothschild.com; blanger@mclaughlinstern.com; dsass@mclaughlinstern.com; amarder@msek.com; Joanne.hepburn@klgates.com; david.mclean@lw.com; aaron.jaroff@lw.com; kyle.wallace@lw.com; philip.anker@wilmerhale.com; moreilly@gibbonslaw.com; Christopher@gibbonslaw.com; diconzam@gtlaw.com; bargerd@gtlaw.com; jwallack@goulstonstorrs.com; sinopolea@sullcrom.com; mlichtenstein@crowell.com; seichel@crowell.com; ljw@msk.com; bolson@dowlohnes.com; tmcgowan@meltzerlippe.com; Skakeld@dicksteinshapiro.com; lhannon@beckermeisel.com; ssteinberg@saslawfirm.net; ghirsch@sillscummis.com; jyoung@milberg.com; fishere@dicksteinshapiro.com; rlevy@pryorcashman.com; jdwarner@warnerandscheuennan.com; cgallinari@bellowspc.com); sgeller@bellowspc.com; nhazan@mwe.com; tporetz@egsllp.com; jonathan.goldberg@snrdenton.com; drose@pryorcashman.com; hinkle@clayro.com; mdallago@mcsw.com; jshally@shearman.com; jessica.bartlett@shearman.com; david.mcgill@kobrekim.com; steven.kobre@kobrekim.com; danielle.rose@kobrekim.com; david.onorato@freshfields.com; timothy.harkness@freshfields.com; cheryl.howard@freshfields.com; rebecca.callaway@freshfields.com; susan.higgins@freshfields.com; dtabak@cohengresser.com; dbadaczewski@cohengresser.com; marc.gottridge@hoganlovells.com; andrew.behrman@hoganlovells.com; mcunha@stblaw.com; pkazanoff@stblaw.com; sricciardi@stblaw.com; estearns@stearnsweaver.com; hmoorefield@stearnsweaver.com; ccanino@stearnsweaver.com; aunger@sidley.com; bkrakauer@sidley.com; jcooney@mckoolsmith.com; ehalper@mckoolsmith.com; vweber@mckoolsmith.com; espiro@maglaw.com; cochoa@maglaw.com; acattell@stblaw.com; fhoffinger@hsrlaw.com; jhoffinger@hsrlaw.com; bethany.kriss@allenovery.com; michael.feldberg@allenovery.com; petercalamari@quinnemanuel.com; marcgreenwald@quinnemanuel.com; erickay@quinnemanuel.com; davidmader@quinnemanuel.com; danielholzman@quinnemanuel.com; xochitlstrohbehn@quinnemanuel.com; susheelkirpalani@quinnemanuel.com; robertloigman@quinnemanuel.com; ; lgottlieb@cooley.com; mklein@cooley.com; alevine@cooley.com; lbirger@cooley.com; jonathan.cogan@kobrekim.com; danielle.rose@kobrekim.com; david.mcgill@kobrekim.com; steven.kobre@kobrekim.com; carrie.tendler@kobrekim.com; agross@kvwmail.com; wpollard@kvwmail.com; hyland@sewkis.com; deroche@sewkis.com; Marco.Schnabl@Skadden.com; fvelie@sandw.com; mstein@sandw.com; jkortmansky@sandw.com; skim@steptoe.com; jbg@rattetlaw.com; jgorchkova@beckerny.com; erieder@bryancave.com; mark.jacobs@jacobspartners.com; shirshon@proskauer.com; hchaitman@becker-poliakoff.com; hchaitman@becker-poliakoff.com; mark.jacobs@jacobspartners.com; shirshon@proskauer.com; jliss@gibbonslaw.com; griffinger@gibbonslaw.com; clynch@goulstonstorrs.com; jbg@rattetlaw.com; mdallago@mcsw.com; lkruger@stroock.com; kpasquale@stroock.com; bhanyc@gmail.com; kcmurphy@simonlawyers.com; mhamblin@fhwnlaw.com; wheuer@duanemorris.com; hrosenblat@kslaw.com; hkafele@shearman.com; cbarnett@stearnsweaver.com; dkornstein@kvwmail.com; susan.saltzstein@skadden.com; Jeremy.berman@skadden.com; Jason.putter@sakken.com; ibort@kvwmail.com (tp)
June 25, 2012 Received Delivery Failure Report re: 6/25/2012 e-mail Service of #190 Notice of Appeal. E-Mail was addressed to: glee@mofo.com; jhaims@mofo.com; ldearcy@mofo.com; christopher.harris@lw.com; cameron.smith@lw.com; joseph.serino@kirkland.com; david.flugman@kirkland.com; seidelb@dicksteinshapiro.com; greers@dicksteinshapiro.com; bergers@dicksteinshapiro.com; dcoffino@cov.com, and was returned for the following reason(s): No route found to domain c from server 02NYSMAIL01A/M/02/USCOURTS. Check Server, Connection and Domain documents in the Domino Directory. (tp)
June 25, 2012 Appeal Remark as to (190 in 1:12-mc-00115-JSR) Notice of Appeal, filed by Irving H. Picard, (17 in 1:11-cv-07603-JSR) Notice of Appeal, filed by Irving H. Picard. The Appeals Unit in the U.S. District Court re-served the Notice of Appeal on the parties via e-mail. The e-mail Addresses are: glee@mofo.com; jhaims@mofo.com; ldearcy@mofo.com; christopher.harris@lw.com; cameron.smith@lw.com; joseph.serino@kirkland.com; david.flugman@kirkland.com; seidelb@dicksteinshapiro.com; greers@dicksteinshapiro.com; bergers@dicksteinshapiro.com; dcoffino@cov.com.(tp)
June 22, 2012 Opinion or Order Filing 194 STIPULATION AND ORDER: IT IS HEREBY: ORDERED, that the Withdrawal Motion is hereby withdrawn as to the Trotanoy Defendants, and the Clerk of the Court is ordered to close items numbers one and two on the docket of 11 Civ. 7112. ORDERED, that Access may participate in the briefing established pursuant to the Consolidated Briefing Orders ORDERED, that docket 11 Civ. 7112 is hereby closed as to the Trotanoy Defendants, and all matters arising therein are deemed dismissed solely as to the Trotanoy Defendants pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. ORDERED, that this Stipulation and Order shall in no way prejudice or impact the rights of Access, including, without limitation, Access' rights with respect to the Motion to Withdraw the Bankruptcy Court reference. (Signed by Judge Jed S. Rakoff on 6/21/2012) (lmb)
June 22, 2012 Opinion or Order Filing 193 STIPULATION AND ORDER: IT IS HEREBY: ORDERED, that the Withdrawal Motions shall no longer be governed by the briefing and argument schedule described herein which the Court previously approved during a chambers conference on April 5, 2012. ORDERED, that the Defendants are directed to continue their relevant briefings according to the procedures outlined in the Antecedent Debt Consolidated Order and the Section 546 Appeal. ORDERED, that for the reasons stated in Flinn and the Court's other rulings referenced herein, the Court denies the Withdrawal Motions with respect to the Customer Property Fund Issue and the Clerk of the Court is ordered to close item number one on the dockets of 11 Civ. 09215 and 11 Civ. 09216. (Signed by Judge Jed S. Rakoff on 6/21/2012) (lmb)
June 22, 2012 Received Delivery Failure Report re: 6/22/2012 e-mail Service. Mail was addressed to donald.david@akerman.com, psmith@becker-poliakoff.com, 'jgorchkova@beckerny.com', 'jgorchkova and was returned for the following reason(s): 5.1.2 - Bad destination host "DNS Hard Error looking up beckerny.com' (MX): NXDomain" (delivery attempts: 0). (tp)
June 22, 2012 Appeal Remark as to (190 in 1:12-mc-00115-JSR) Notice of Appeal, filed by Irving H. Picard, (17 in 1:11-cv-07603-JSR) Notice of Appeal, filed by Irving H. Picard. The Appeals Unit in the U.S. District Court served the Notice of Appeal on additional parties via e-mail. The e-mail Addresses are listed below. 'donald.david@akerman.com'; 'psmith@becker-poliakoff.com'; 'jgorchkova@beckerny.com'; 'jgorchkova@becker-poliakoff.com'; 'josephdematteo@hotmail.com'; 'scott.seamon@bingham.com'; 'tplastaras@gwbplaw.com'; 'dapfel@goodwinprocter.com'; 'jray@kachroolegal.com'; 'rabrams@katskykorins.com'; 'cjm@msf-law.com'; 'dflugman@kirkland.com'; 'maura.klugman@kirkland.com'; 'Gerald.novack@klgates.com'; 'jrappaport@kramerlevin.com'; 'vmachcinski@krebsbach.com'; 'jhorwitt@zeislaw.com'; 'jlaw672@aol.com'; 'jlanders@milberg.com'; 'mkupillas@milberg.com'; 'jkeller@milberg.com'; 'Bkannel@mintz.com'; 'agamza@mosessinger.com'; 'cseemann@proskauer.com'; 'rfleischer@pryorcashman.com'; 'bspickler@sglllp.com'; 'evf@sovrlaw.com'; 'sweiss@seegerweiss.com'; 'cvandekieft@seegerweiss.com'; 'Edward.minson@steinrisomantel.com'; 'sgordon@gordonfirm.com'; 'vdandrea@tdwpm.com'; 'lee.stremba@troutmansanders.com'; 'matt@sakkaslaw.com'; 'yeskoo@yeskoolaw.com'; 'jhorwitt@zeislaw.com'; 'albaneser@gtlaw.com'; 'cbattaglia@halperinlaw.net'; klgateseservice@klgates.com; martha.rodriguezlopez@klgates.com; mjacobs@mjblllc.com. (tp)
June 21, 2012 Filing 192 AFFIDAVIT OF SERVICE of Revised Supplemental District Court Clerk- Service List served on various parties (see attached) on June 21, 2012. Document filed by Irving H. Picard. (Attachments: #1 Revised Supplemental District Court Clerk-Service List)(Warshavsky, Oren)
June 21, 2012 Filing 191 NOTICE OF APPEAL from #124 Judgment,,,. Document filed by Securities Investor Protection Corporation. Filing fee $ 455.00, receipt number 0208-7578035. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Exhibit 1A, #2 Exhibit 1B, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4A, #6 Exhibit 4B, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Affidavit of Service)(Bell, Kevin)
June 21, 2012 Filing 190 NOTICE OF APPEAL from #158 Stipulation and Order,, #122 Order,, #124 Judgment,,, #57 Order,, #72 Memorandum & Opinion, #101 Memorandum & Opinion,,,, #153 Stipulation and Order,, #109 Consent Order,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,. Document filed by Irving H. Picard. Filing fee $ 455.00, receipt number 0208-7577342. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Service List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4-Part 1, #6 Exhibit 4-Part 2, #7 Exhibit 4-Part 3, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Affidavit of Service)(Warshavsky, Oren)
June 21, 2012 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #120 Consent Order,,,,,, #116 Consent Order,,,,,,, #85 Notice of Appearance, filed by Freda Epstein Revocable Trust, The Spring Family Trust, S.H. & Helen R. Scheuer Family Foundation, Inc., Freda B. Epstein, Jennifer Spring McPherson, richard Spring, The Jeanne T. Spring Trust, #149 Order,,,, #88 Brief, filed by Securities Investor Protection Corporation, #148 Affidavit of Service Other filed by Fiterman Investment Fund, et al., #53 Notice of Appearance, filed by Ellen J. Wertheim, Alexandra E. Hausner Cave, Laurie Frenchman, Ringler Partners, L.P., The Hausner Group, Kathy Hausner Grossman, Diane Ringler, Hilda Hausner, Trust F/B/O Alexandra E. Hausner Cave, Michael Frenchman, #187 Declaration in Support of Motion, #67 Consent Order,,,,,, #64 Notice of Appearance filed by Isaac Jimmy Mayer, #172 Order,,,,, #184 Notice of Appearance filed by Unicredit Bank Austria AG, #140 Memorandum of Law in Support of Motion, filed by Sandra L. Manzke, Maxam Absolute Return Fund Limited, Suzanne Hammond, Maxam Absolute Return Fund, LP, Maxam Capital GP LLC, Maxam Capital Management LLC, Sandra L. Manzke Revocable Trust, Walker Manzke, April Bukofser Manzke, #61 Notice of Appearance,, filed by Fairfield Greenwich Limited, Fairfield Greenwich (UK) Limited, Fairfield Heathcliff Capital LLC, Charles Murphy, Andrew Smith, Jacqueline Harary, Harold Greisman, Fairfield International Managers, Inc., Corina Noel Piedrahita, Lourdes Barreneche, Fairfield Greenwich Advisors LLC, Chester Management Cayman Limited, Fairfield Greenwich (Bermuda) Limited, Gordon Mackenzie, Santiago Reyes, Daniel Lipton, Philip Toub, Mark McKeefrey, Richard Landsberger, #176 Brief, filed by Defendants' listed in Appendix A of the Court's April 13, 2012 Order, #24 Notice of Appearance filed by Mary Ann Stefanelli, #47 Notice of Appearance filed by Barclays Bank S.A., Barclays Bank (Suisse) S.A., Barclays Private Bank & Trust Limited, #138 Stipulation and Order,, #13 Declaration filed by Irving H. Picard, #144 Joinder, filed by Irving H. Picard, #190 Notice of Appeal,,, filed by Irving H. Picard, #122 Order,, #81 Notice of Appearance filed by Robert Blum, #157 Consent Order,,,,,, #145 Notice of Appearance,,, filed by AMERICAN SECURITIES GROUP, L.L.C., Sarah R. Varet, ELLEN V. GREENSPAN, ELIZABETH R. VARET IRA ROLLOVER, Michael A. Varet, THE ESTATE OF JESSE L. SIGELMAN, Joseph R. Varet, PETER PEARMAN, American Securities Opportunity Fund, L.P., BENJAMIN R SIGELMAN, American Securities Management, L.P., f/k/a American Securities, L.P., James R. Ledley, RONALD J. STEIN, P&I PARTNERS, METROPOLITAN PHILANTHROPIC FUND, INC., WIlliam Rosenwald Family Fund, Inc., DECIMAL INVESTMENTS, L.L.C., ELIZABETH R. VARET MONEY PURCHASE PENSION PLAN, ELIZABETH R VARET, JJG FOUNDATION, INC., NINA ROSENWALD, Alice Rosenwald, Belinda F. Clarke, HUDSON CHARITABLE FUND, AMERICAN PHILANTHROPIC FOUNDATION, ELIZABETH R. VARET DEFINED BENEFIT PLAN & TRUST, ALICE ROSENWALD FUND, Alexander G. Anagnos, THE ABSTRACTION FUND, ANCHORAGE CHARITABLE FUND, JONATHAN R. SIGELMAN, American Securities Holdings Corp., STUART H. COLEMAN, David R. Varet, #124 Judgment,,, #150 Order, #133 Notice of Appearance, filed by Maxam Absolute Return Fund Limited, Maxam Capital Management LLC, Sandra L. Manzke Revocable Trust, April Bukofser Manzke, Walker Manzke, Maxam Capital GP LLC, Sandra L. Manzke, Suzanne Hammond, #164 Order, #137 Consent Order,,,,,, #93 Notice of Appearance filed by Citrus Investment Holdings Ltd., #78 Brief, filed by Defendants' listed in Appendix A of the Court's April 13, 2012 Order, #77 Notice of Appearance, filed by Jill Fischer, The 1995 Jack Parker Descendant Trust No. 1, John Reisman, Peri Arenas, Harold Anfang, Tesuji Partners, LLC, Kim Dickstein, Daniel F. Lindley, Adam P. Glick, JRAG, LLC, #177 Notice of Appearance filed by Pioneer Global Asset Management S.p.A., Pioneer Alternative Investment Management Ltd., UniCredit S.p.A., #130 Notice of Appearance filed by Stephanie S. Mack, #70 Notice of Appearance filed by Financiere Agache, #79 Notice of Appearance, filed by Sherry Gaines, Sherry Gaines In Her Fiduciary Capacity As Trustee Of The Jay Gaines & Co. Profit Sharing Plan, Jay Gaines In His Fiduciary Capacity As Trustee Of The Jay Gaines & Co. Profit Sharing Plan, Jay Gaines, Jay Gaines & Co., Inc. Profit Sharing Plan, #126 Stipulation and Order,, #178 Notice (Other) filed by Defendants' listed in Appendix A of the Court's April 13, 2012 Order, #108 Notice of Appearance, #38 Notice of Appearance filed by R.H. Book, LLC, Robert H. Book, #113 Notice of Appearance filed by Kingate Global Fund, Ltd., Kingate Euro Fund, Ltd., #152 Notice of Appearance filed by Reliance International Research LLC, Justin Lowe, #3 Notice of Appearance filed by Securities Investor Protection Corporation, #28 Notice of Appearance filed by S&P Associates, Joan Roman, David Abel, James Greiff, Robert Roman, P&S Associates, #68 Notice of Appearance,,,,,, filed by 1999 Trust for the Grandchildren of Stanley and Pamela Chais, 1996 Trust for the Children of Stanley and Pamela Chais, 1994 Trust for the Children of Stanley and Pamela Chais, Chais Venture Holdings, Chloe Frances Chais 1994 Trust, Jonathan Wolf Chais 1996 Trust, Mark Hugh Chais Trust No. 3, Unicycle Corporation, Emily Chais Issue Trust No. 1, Justin Robert Chasalow 1999 Trust, William Frederick Chais 1983 Trust, Unicycle Trading Company, Tali Chais Transferee Trust No. I, Emily Chais Trust No. 2, Emily Chais Issue Trust No. II, Emily Chasalow, Chais Management, Ltd., Mark Hugh Chais 1983 Trust, William Frederick Chais Trust No. 3, Michael Chasalow, Wrenn Chais, Tali Chais 1997 Trust, Rachel Allison Chasalow Transferee Trust No. 1, Benjamin Paul Chasalow 1999 Trust, Mark Hugh Chais Trust No. 2, Madeline Chais Transferee Trust No. I, Chais Investments, Ltd., Mark Chais, Madeline Celia Chais 1992 Trust, Miri Chais, Rachel Allison Chasalow 1999 Trust, Onondaga, Inc. Defined Benefit Pension Plan, Chloe Frances Chais Transferee Trust No. I, William Frederick Chais Issue Trust No. II, Jonathan Chais Transferee Trust No. I, Mark Hugh Chais Issue Trust No. II, William Frederick Chais Issue Trust No. I, William Frederick Chais Trust No. 2, Emily Chais 1983 Trust, Unicycle Corporation Money Purchase Plan, Mark Hugh Chais Issue Trust No. I, Onondaga, Inc., Ari Chais Transferee Trust No. I, Justin Robert Chasalow Transferee Trust No. 1, Emily Chais Trust No. 3, Benjamin Paul Chasalow Transferee Trust No. 1, Chais Management, Inc., William & Wren Chais 1994 Family Trust, Onondaga, Inc. Money Purchase Plan, William Chais, Ari Chais 1999 Trust, #9 Memorandum of Law in Opposition filed by Irving H. Picard, #163 Order, #107 Order,,,,,,,,,,,,,,,,,,,, #174 Notice of Appearance, filed by Linda Rosensweig, The Estate of Sarah E. Pearce, Laurie Blank, Norton S. Rosensweig, Michael N. Rosen, Julie Schwartz, David B. Pearce, Jonathan P. Rosensweig, #43 Notice of Appearance filed by Tensyr Limited, #72 Memorandum & Opinion, #173 Notice of Appearance filed by Evelyn Fisher, Neal Goldman, Trust U/W/O David L. Fisher, Trust U/T/A 8/20/90, Linda Sohn, #75 Notice of Appearance filed by KBC Investments Ltd., #186 Memorandum of Law in Support of Motion, #188 Notice of Appearance filed by Meritz Fire & Marine Insurance Co., Ltd., #60 Notice of Appearance,, filed by Fairfield Greenwich (UK) Limited, Charles Murphy, Jacqueline Harary, Fairfield Greenwich Advisors LLC, Chester Management Cayman Limited, Fairfield Greenwich (Bermuda) Limited, Philip Toub, Mark McKeefrey, Richard Landsberger, Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Andrew Smith, Harold Greisman, Fairfield International Managers, Inc., Corina Noel Piedrahita, Lourdes Barreneche, Gordon Mackenzie, Santiago Reyes, Daniel Lipton, #118 Order,, #11 Brief, filed by Securities Investor Protection Corporation, #32 Notice of Appearance filed by Michael Most, Marjorie Most, #136 Brief, filed by Securities Investor Protection Corporation, #104 Notice of Appearance filed by Cyril Jalon, The Joint Tenancy of Phyllis Guenzburger and Fabian Guenzburger, The Estate of Elena Jalon, The Joint Tenancy of Robert Pinchou and Fabian Guenzburger, #26 Notice of Appearance, filed by The Robert A. Belfer and Renee E. Belfer family foundation, The Arthur and Rochelle Belfer Foundation, Inc., Belfer Corporation, Robert A. Belfer, as Trustee of The Robert A. Belfer and Renee E. Belfer Family Foundation, #6 Notice of Appearance filed by Irving H. Picard, #155 Order, Set Deadlines/Hearings,,,,,,,,,,,,,,,,,,,,,, #66 Notice of Appearance filed by Isaac Jimmy Mayer, #80 Notice of Appearance,,,,,,, filed by 500 Bi-County Associates, L.P., 125 Bethpage Associates, 45 South Service Road, LLC, 10 Michael Drive Associates, L.P., Charleston Enterprises, LLC, David Blumenfeld Farmingdale Trust, Edward Blumenfeld, individually, and as Trustee, BCC II, LLC, Trust f/b/o David Blumenfeld, BDG Larkfield Associates, LLC, BDG Construction Corp., The David Blumenfeld Family Trust, South Sea Holdings L.P., BDG Yaphank, LLC, Susan Blumenfeld GST Trust, Edward Blumenfeld and Susan Blumenfeld 2007 Charitable Lead Trust, Blumco Setauket, LLC, Brad Blumenfeld Charitable Lead Trust, Brad Blumenfeld Farmingdale Trust, Edward and Susan Blumenfeld Charitable Lead Trust, Daniel Land Co. LLC, BDG Commack, LLC, Edward Blumenfeld et al II, BDG 115 Broadhollow, L.P., Boxwood Realty Group, BDG Lake Grove I, LLC, Harvey Cohen, individually, and as Trustee, EDB Capital, LLC, Robert Nystrom, BWI, BDG DWD Associates, LLC, DWD Associates, LLC, BDG 125th Street, LLC, Edward Blumenfeld et al, B-4 Partnership, LaGuardia Corporate Center Associates, L.P., BDG Piscataway, LLC, Double B Squared LLC, Maxrob, L.P., Edward Blumenfeld and Susan Blumenfeld, Edward Blumenfeld Gerald Y Mordfin et al, David Blumenfeld, individually, and as Trustee, Bull Market Fund, BDG Deer Park Associates, LLC, Dogwood Realty Group, BDG Kingsbridge, LLC, Blumenfeld Development Group, Ltd., Trust f/b/o Brad Blumenfeld, Susan Blumenfeld, individually, and as Trustee, Brad Blumenfeld, individually, and as Trustee, Coblum Setauk
June 21, 2012 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #190 Notice of Appeal,,,. (nd)
June 21, 2012 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #191 Notice of Appeal,,. (nd)
June 21, 2012 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #191 Notice of Appeal,, filed by Securities Investor Protection Corporation, #120 Consent Order,,,,,, #116 Consent Order,,,,,,, #85 Notice of Appearance, filed by Freda Epstein Revocable Trust, The Spring Family Trust, S.H. & Helen R. Scheuer Family Foundation, Inc., Freda B. Epstein, Jennifer Spring McPherson, richard Spring, The Jeanne T. Spring Trust, #149 Order,,,, #88 Brief, filed by Securities Investor Protection Corporation, #148 Affidavit of Service Other filed by Fiterman Investment Fund, et al., #53 Notice of Appearance, filed by Ellen J. Wertheim, Alexandra E. Hausner Cave, Laurie Frenchman, Ringler Partners, L.P., The Hausner Group, Kathy Hausner Grossman, Diane Ringler, Hilda Hausner, Trust F/B/O Alexandra E. Hausner Cave, Michael Frenchman, #187 Declaration in Support of Motion, #67 Consent Order,,,,,, #64 Notice of Appearance filed by Isaac Jimmy Mayer, #172 Order,,,,, #184 Notice of Appearance filed by Unicredit Bank Austria AG, #140 Memorandum of Law in Support of Motion, filed by Sandra L. Manzke, Maxam Absolute Return Fund Limited, Suzanne Hammond, Maxam Absolute Return Fund, LP, Maxam Capital GP LLC, Maxam Capital Management LLC, Sandra L. Manzke Revocable Trust, Walker Manzke, April Bukofser Manzke, #61 Notice of Appearance,, filed by Fairfield Greenwich Limited, Fairfield Greenwich (UK) Limited, Fairfield Heathcliff Capital LLC, Charles Murphy, Andrew Smith, Jacqueline Harary, Harold Greisman, Fairfield International Managers, Inc., Corina Noel Piedrahita, Lourdes Barreneche, Fairfield Greenwich Advisors LLC, Chester Management Cayman Limited, Fairfield Greenwich (Bermuda) Limited, Gordon Mackenzie, Santiago Reyes, Daniel Lipton, Philip Toub, Mark McKeefrey, Richard Landsberger, #176 Brief, filed by Defendants' listed in Appendix A of the Court's April 13, 2012 Order, #24 Notice of Appearance filed by Mary Ann Stefanelli, #47 Notice of Appearance filed by Barclays Bank S.A., Barclays Bank (Suisse) S.A., Barclays Private Bank & Trust Limited, #138 Stipulation and Order,, #13 Declaration filed by Irving H. Picard, #144 Joinder, filed by Irving H. Picard, #190 Notice of Appeal,,, filed by Irving H. Picard, #122 Order,, #81 Notice of Appearance filed by Robert Blum, #157 Consent Order,,,,,, #145 Notice of Appearance,,, filed by AMERICAN SECURITIES GROUP, L.L.C., Sarah R. Varet, ELLEN V. GREENSPAN, ELIZABETH R. VARET IRA ROLLOVER, Michael A. Varet, THE ESTATE OF JESSE L. SIGELMAN, Joseph R. Varet, PETER PEARMAN, American Securities Opportunity Fund, L.P., BENJAMIN R SIGELMAN, American Securities Management, L.P., f/k/a American Securities, L.P., James R. Ledley, RONALD J. STEIN, P&I PARTNERS, METROPOLITAN PHILANTHROPIC FUND, INC., WIlliam Rosenwald Family Fund, Inc., DECIMAL INVESTMENTS, L.L.C., ELIZABETH R. VARET MONEY PURCHASE PENSION PLAN, ELIZABETH R VARET, JJG FOUNDATION, INC., NINA ROSENWALD, Alice Rosenwald, Belinda F. Clarke, HUDSON CHARITABLE FUND, AMERICAN PHILANTHROPIC FOUNDATION, ELIZABETH R. VARET DEFINED BENEFIT PLAN & TRUST, ALICE ROSENWALD FUND, Alexander G. Anagnos, THE ABSTRACTION FUND, ANCHORAGE CHARITABLE FUND, JONATHAN R. SIGELMAN, American Securities Holdings Corp., STUART H. COLEMAN, David R. Varet, #124 Judgment,,, #150 Order, #133 Notice of Appearance, filed by Maxam Absolute Return Fund Limited, Maxam Capital Management LLC, Sandra L. Manzke Revocable Trust, April Bukofser Manzke, Walker Manzke, Maxam Capital GP LLC, Sandra L. Manzke, Suzanne Hammond, #164 Order, #137 Consent Order,,,,,, #93 Notice of Appearance filed by Citrus Investment Holdings Ltd., #78 Brief, filed by Defendants' listed in Appendix A of the Court's April 13, 2012 Order, #77 Notice of Appearance, filed by Jill Fischer, The 1995 Jack Parker Descendant Trust No. 1, John Reisman, Peri Arenas, Harold Anfang, Tesuji Partners, LLC, Kim Dickstein, Daniel F. Lindley, Adam P. Glick, JRAG, LLC, #177 Notice of Appearance filed by Pioneer Global Asset Management S.p.A., Pioneer Alternative Investment Management Ltd., UniCredit S.p.A., #130 Notice of Appearance filed by Stephanie S. Mack, #70 Notice of Appearance filed by Financiere Agache, #79 Notice of Appearance, filed by Sherry Gaines, Sherry Gaines In Her Fiduciary Capacity As Trustee Of The Jay Gaines & Co. Profit Sharing Plan, Jay Gaines In His Fiduciary Capacity As Trustee Of The Jay Gaines & Co. Profit Sharing Plan, Jay Gaines, Jay Gaines & Co., Inc. Profit Sharing Plan, #126 Stipulation and Order,, #178 Notice (Other) filed by Defendants' listed in Appendix A of the Court's April 13, 2012 Order, #108 Notice of Appearance, #38 Notice of Appearance filed by R.H. Book, LLC, Robert H. Book, #113 Notice of Appearance filed by Kingate Global Fund, Ltd., Kingate Euro Fund, Ltd., #152 Notice of Appearance filed by Reliance International Research LLC, Justin Lowe, #3 Notice of Appearance filed by Securities Investor Protection Corporation, #28 Notice of Appearance filed by S&P Associates, Joan Roman, David Abel, James Greiff, Robert Roman, P&S Associates, #68 Notice of Appearance,,,,,, filed by 1999 Trust for the Grandchildren of Stanley and Pamela Chais, 1996 Trust for the Children of Stanley and Pamela Chais, 1994 Trust for the Children of Stanley and Pamela Chais, Chais Venture Holdings, Chloe Frances Chais 1994 Trust, Jonathan Wolf Chais 1996 Trust, Mark Hugh Chais Trust No. 3, Unicycle Corporation, Emily Chais Issue Trust No. 1, Justin Robert Chasalow 1999 Trust, William Frederick Chais 1983 Trust, Unicycle Trading Company, Tali Chais Transferee Trust No. I, Emily Chais Trust No. 2, Emily Chais Issue Trust No. II, Emily Chasalow, Chais Management, Ltd., Mark Hugh Chais 1983 Trust, William Frederick Chais Trust No. 3, Michael Chasalow, Wrenn Chais, Tali Chais 1997 Trust, Rachel Allison Chasalow Transferee Trust No. 1, Benjamin Paul Chasalow 1999 Trust, Mark Hugh Chais Trust No. 2, Madeline Chais Transferee Trust No. I, Chais Investments, Ltd., Mark Chais, Madeline Celia Chais 1992 Trust, Miri Chais, Rachel Allison Chasalow 1999 Trust, Onondaga, Inc. Defined Benefit Pension Plan, Chloe Frances Chais Transferee Trust No. I, William Frederick Chais Issue Trust No. II, Jonathan Chais Transferee Trust No. I, Mark Hugh Chais Issue Trust No. II, William Frederick Chais Issue Trust No. I, William Frederick Chais Trust No. 2, Emily Chais 1983 Trust, Unicycle Corporation Money Purchase Plan, Mark Hugh Chais Issue Trust No. I, Onondaga, Inc., Ari Chais Transferee Trust No. I, Justin Robert Chasalow Transferee Trust No. 1, Emily Chais Trust No. 3, Benjamin Paul Chasalow Transferee Trust No. 1, Chais Management, Inc., William & Wren Chais 1994 Family Trust, Onondaga, Inc. Money Purchase Plan, William Chais, Ari Chais 1999 Trust, #9 Memorandum of Law in Opposition filed by Irving H. Picard, #163 Order, #107 Order,,,,,,,,,,,,,,,,,,,, #174 Notice of Appearance, filed by Linda Rosensweig, The Estate of Sarah E. Pearce, Laurie Blank, Norton S. Rosensweig, Michael N. Rosen, Julie Schwartz, David B. Pearce, Jonathan P. Rosensweig, #43 Notice of Appearance filed by Tensyr Limited, #72 Memorandum & Opinion, #173 Notice of Appearance filed by Evelyn Fisher, Neal Goldman, Trust U/W/O David L. Fisher, Trust U/T/A 8/20/90, Linda Sohn, #75 Notice of Appearance filed by KBC Investments Ltd., #186 Memorandum of Law in Support of Motion, #188 Notice of Appearance filed by Meritz Fire & Marine Insurance Co., Ltd., #60 Notice of Appearance,, filed by Fairfield Greenwich (UK) Limited, Charles Murphy, Jacqueline Harary, Fairfield Greenwich Advisors LLC, Chester Management Cayman Limited, Fairfield Greenwich (Bermuda) Limited, Philip Toub, Mark McKeefrey, Richard Landsberger, Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Andrew Smith, Harold Greisman, Fairfield International Managers, Inc., Corina Noel Piedrahita, Lourdes Barreneche, Gordon Mackenzie, Santiago Reyes, Daniel Lipton, #118 Order,, #11 Brief, filed by Securities Investor Protection Corporation, #32 Notice of Appearance filed by Michael Most, Marjorie Most, #136 Brief, filed by Securities Investor Protection Corporation, #104 Notice of Appearance filed by Cyril Jalon, The Joint Tenancy of Phyllis Guenzburger and Fabian Guenzburger, The Estate of Elena Jalon, The Joint Tenancy of Robert Pinchou and Fabian Guenzburger, #26 Notice of Appearance, filed by The Robert A. Belfer and Renee E. Belfer family foundation, The Arthur and Rochelle Belfer Foundation, Inc., Belfer Corporation, Robert A. Belfer, as Trustee of The Robert A. Belfer and Renee E. Belfer Family Foundation, #6 Notice of Appearance filed by Irving H. Picard, #155 Order, Set Deadlines/Hearings,,,,,,,,,,,,,,,,,,,,,, #66 Notice of Appearance filed by Isaac Jimmy Mayer, #80 Notice of Appearance,,,,,,, filed by 500 Bi-County Associates, L.P., 125 Bethpage Associates, 45 South Service Road, LLC, 10 Michael Drive Associates, L.P., Charleston Enterprises, LLC, David Blumenfeld Farmingdale Trust, Edward Blumenfeld, individually, and as Trustee, BCC II, LLC, Trust f/b/o David Blumenfeld, BDG Larkfield Associates, LLC, BDG Construction Corp., The David Blumenfeld Family Trust, South Sea Holdings L.P., BDG Yaphank, LLC, Susan Blumenfeld GST Trust, Edward Blumenfeld and Susan Blumenfeld 2007 Charitable Lead Trust, Blumco Setauket, LLC, Brad Blumenfeld Charitable Lead Trust, Brad Blumenfeld Farmingdale Trust, Edward and Susan Blumenfeld Charitable Lead Trust, Daniel Land Co. LLC, BDG Commack, LLC, Edward Blumenfeld et al II, BDG 115 Broadhollow, L.P., Boxwood Realty Group, BDG Lake Grove I, LLC, Harvey Cohen, individually, and as Trustee, EDB Capital, LLC, Robert Nystrom, BWI, BDG DWD Associates, LLC, DWD Associates, LLC, BDG 125th Street, LLC, Edward Blumenfeld et al, B-4 Partnership, LaGuardia Corporate Center Associates, L.P., BDG Piscataway, LLC, Double B Squared LLC, Maxrob, L.P., Edward Blumenfeld and Susan Blumenfeld, Edward Blumenfeld Gerald Y Mordfin et al, David Blumenfeld, individually, and as Trustee, Bull Market Fund, BDG Deer Park Associates, LLC, Dogwood Realty Group, BDG Kingsbridge, LLC, Blumenfeld Development Group, Ltd., Trust f/b/o Brad Blumenfeld, Susan Blumenfeld, individually,
June 18, 2012 Opinion or Order Filing 189 STIPULATION AND ORDER: For reasons that are no longer relevant, Picard v. S. Donald Friedman, et al., No. 12 cv. 2343 (JSR) (the "Friedman Action"), was excluded from Exhibit A to the Order dated May 12, 2012, No. 12 Civ. 115 (S.D.N.Y. May 12, 2012) (ECF No. 99) (the "IRA Order"). The parties to this Stipulation and Order hereby agree that the IRA Order as entered shall apply to the Friedman Action nunc pro tunc to May 12, 2012, and the Friedman Action will be covered by the IRA Order in all respects. (Signed by Judge Jed S. Rakoff on 6/15/2012) (lmb)
June 14, 2012 Filing 188 NOTICE OF APPEARANCE by Seong Hwan Kim on behalf of Meritz Fire & Marine Insurance Co., Ltd. (Kim, Seong)
June 13, 2012 Filing 187 DECLARATION of Christopher R. Harris in Support re: #185 MOTION to Dismiss the Complaint Based on Section 546(g) of the Bankruptcy Code.. (Attachments: #1 Exhibits A through C)(Harris, Christopher)
June 13, 2012 Filing 186 MEMORANDUM OF LAW in Support re: #185 MOTION to Dismiss the Complaint Based on Section 546(g) of the Bankruptcy Code.. (Harris, Christopher)
June 13, 2012 Filing 185 MOTION to Dismiss the Complaint Based on Section 546(g) of the Bankruptcy Code..(Harris, Christopher)
June 12, 2012 Filing 184 NOTICE OF APPEARANCE by Jonathan G. Kortmansky on behalf of Unicredit Bank Austria AG (Kortmansky, Jonathan)
June 12, 2012 Filing 183 NOTICE OF APPEARANCE by Mitchell C. Stein on behalf of Unicredit Bank Austria AG (Stein, Mitchell)
June 12, 2012 Filing 182 NOTICE OF APPEARANCE by Franklin B. Velie on behalf of Unicredit Bank Austria AG (Velie, Franklin)
June 12, 2012 Filing 181 NOTICE OF APPEARANCE by Bernard J. Garbutt, III on behalf of Andrew Kostin, David Kostin, Susan Kostin, Kostin Company, Deborah Weinstein (Garbutt, Bernard)
June 12, 2012 Filing 180 NOTICE OF APPEARANCE by Menachem O. Zelmanovitz on behalf of Andrew Kostin, David Kostin, Susan Kostin, Kostin Company, Deborah Weinstein (Zelmanovitz, Menachem)
June 12, 2012 Filing 179 BRIEF re: #176 Brief, #4 Order,,,,,,,,,, #78 Brief, Corrected Consolidated Reply Brief on Behalf of Stern Withdrawal Defendants Responding to Issues Raised By Order of the Court Entered on April 13, 2012. Document filed by Defendants' listed in Appendix A of the Court's April 13, 2012 Order.(Shally, Joanna)
June 11, 2012 Filing 178 NOTICE of Designation Of Lead Counsel For Stern Withdrawal Defendants Pursuant To Order Of The Court Entered On April 13, 2012. Document filed by Defendants' listed in Appendix A of the Court's April 13, 2012 Order. (Schnabl, Marco)
June 11, 2012 Filing 177 NOTICE OF APPEARANCE by Marco Enrique Schnabl on behalf of Pioneer Alternative Investment Management Ltd., Pioneer Global Asset Management S.p.A., UniCredit S.p.A. (Schnabl, Marco)
June 11, 2012 Filing 176 BRIEF re: #4 Order,,,,,,,,,, #78 Brief, Consolidated Reply Brief on Behalf of Stern Withdrawal Defendants Responding to Issues Raised by Order of the Court Entered on April 13, 2012. Document filed by Defendants' listed in Appendix A of the Court's April 13, 2012 Order.(Shally, Joanna)
June 8, 2012 Filing 175 NOTICE OF APPEARANCE by Thomas James Schell on behalf of Laurie Blank, David B. Pearce, Michael N. Rosen, Jonathan P. Rosensweig, Linda Rosensweig, Norton S. Rosensweig, Julie Schwartz, The Estate of Sarah E. Pearce (Attachments: #1 Exhibit A)(Schell, Thomas)
June 8, 2012 Filing 174 NOTICE OF APPEARANCE by Eric Rieder on behalf of Laurie Blank, David B. Pearce, Michael N. Rosen, Jonathan P. Rosensweig, Linda Rosensweig, Norton S. Rosensweig, Julie Schwartz, The Estate of Sarah E. Pearce (Attachments: #1 Exhibit A)(Rieder, Eric)
June 8, 2012 Filing 173 NOTICE OF APPEARANCE by Terence William McCormick on behalf of Evelyn Fisher, Neal Goldman, Linda Sohn, Trust U/T/A 8/20/90, Trust U/W/O David L. Fisher (McCormick, Terence)
June 8, 2012 Opinion or Order Filing 172 ORDER: The defendants in 11 Civ. 8897 and 11 Civ. 8894 have moved to withdraw the reference to the Bankruptcy Court of the adversarial proceedings brought against them by Irving H. Picard, the trustee appointed to liquidate the estate of Bernard L. Madoff Investment Securities, LLC pursuant to the Securities Investor Protection Act, 15 U.S.C. 78aaa et seq. The Court's previous orders have resolved the majority of the issues raised by the defendants' motions. See Consent Order Regarding 546(e) dated May 12, 2012; Order Regarding Antecedent Debt dated May 12, 2012; Order Regarding Stern v. Marshall dated April 13, 2012. The Court directs the parties to continue according to the procedures outlined in those orders. The defendants also raise an issue on which the Court has previously declined to withdraw the reference: whether the Court should withdraw for "cause shown" based on defendants' right to a jury trial. See Picard v. Conn. Gen. Life Ins. Co., 11 Civ. 7174 (JSR) (S.D.N.Y. May 29, 2011). For the reasons stated in Conn. Gen. Life Ins., the Court denies the defendants' motion to withdraw the reference on this basis. The Clerk of the Court is hereby ordered to close item number 1 on the docket of 11 Civ. 8897 and 11 Civ. 8894. (Also docketed in case nos. 11-cv-8897 and 11-cv-8894) (Signed by Judge Jed S. Rakoff on 6/7/2012) (lmb)
June 8, 2012 Opinion or Order Filing 171 STIPULATION AND ORDER: IT IS HEREBY: ORDERED, that the Withdrawal Motion is hereby withdrawn and the Clerk of the Court is ordered to close item number one on the docket 12 Civ. 2636. ORDERED, that Landis shall no longer be subject to the Stern Consolidated Briefing Order or the Section 546(e) Consolidated Briefing Order and shall hereby be deemed removed from the relevant Exhibits to those orders. ORDERED, that docket 12 Civ 2636 is hereby closed, and all matters arising therein are deemed dismissed as to Landis pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. (Also docketed in case no. 12-cv-2636) (Signed by Judge Jed S. Rakoff on 6/7/2012) (lmb)
June 8, 2012 Opinion or Order Filing 170 ORDER: The defendants in 11 civ. 7680 have moved to withdraw the reference to the Bankruptcy Court of the adversarial proceeding brought against them by Irving H. Picard, the trustee appointed to liquidate the estate of Bernard L. Madoff Investment Securities, LLC pursuant to the Securities Investor Protection Act, 15 U.S.C. 78aaa et seq. The Court's previous orders have resolved two of the issues raised by the defendants motions. See Order Regarding 546(e) dated May 15, 2012; Order Regarding Stern v. Marshall dated April 13, 2012. The Court directs the parties to continue according to the procedures outlined in those orders. The defendants also raise an issue on which the Court has previously declined to withdraw the reference: whether the Court should withdraw for "cause shown" based on defendants' right to a jury trial. See Picard v. Conn. Gen. Life Ins. Co., 11 Civ. 7174 (JSR) (S.D.N.Y. May 29, 2011). For the reasons stated in Conn. Gen. Life Ins., the Court denies the defendants' motion to withdraw the reference on this basis. The Clerk of the Court is hereby ordered to close item number 1 on the docket of 11 Civ. 7680. (Also docketed in 11-cv-7680) (Signed by Judge Jed S. Rakoff on 6/7/2012) (lmb)
June 8, 2012 Opinion or Order Filing 169 ORDER: The defendants in 11 Civ. 8895, 11 Civ. 8896, and 11 Civ. 9368 have moved to withdraw the reference to the Bankruptcy Court of the adversarial proceedings brought against them by Irving H. Picard, the trustee appointed to liquidate the estate of Bernard L. Madoff Investment Securities, LLC pursuant to the Securities Investor Protection Act, 15 U.S.C. 78aaa et seq. The Court's previous orders have resolved the majority of the issues raised by the defendants' motions. See Consent Order Regarding 546(e) dated May 12, 2012; Order Regarding Antecedent Debt dated May 12, 2012; Order Regarding Stern v. Marshall dated April 13, 2012. The Court directs the parties to continue according to the procedures outlined in those orders. The defendants also raise an issue on which the Court has previously declined to withdraw the reference: whether the Court should withdraw for "cause shown" based on defendants' right to a jury trial. See Picard v. Conn. Gen. Life Ins. Co., 11 Civ. 7174 (JSR) (S.D.N.Y. May 29, 2011). For the reasons stated in Conn. Gen. Life Ins., the Court denies the defendants' motion to withdraw the reference on this basis. The Clerk of the Court is hereby ordered to close item number 1 on the docket of 11 civ. 8895, 11 Civ. 8896, and 11 Civ. 9368. (Also docketed in case nos. 11-cv-8895, 11-cv-8896, and 11-cv-9368) (Signed by Judge Jed S. Rakoff on 6/7/2012) (lmb)
June 7, 2012 Filing 168 NOTICE OF APPEARANCE by Carole Neville on behalf of Harold J. Hein (Neville, Carole)
June 7, 2012 Opinion or Order Filing 167 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 Extraterritoriality Defendants for the limited purpose of hearing and determining whether SIP A and/or the Bankruptcy Code as incorporated by SIPA apply extraterritorially, permitting the Trustee to avoid the initial Transfers that were received abroad or to recover from initial, immediate or mediate foreign transferees. Except as otherwise provided herein or in other orders of this Court, the reference to the Bankruptcy Court is otherwise maintained for all other purposes. The Trustee and SIPC are deemed to have raised, in response to all pending motions for withdrawal of the reference based on the Extraterritoriality Issue, all arguments previously raised by either or both of them in opposition to all such motions granted by the Extraterritoriality Withdrawal Ruling, and such objections or arguments are deemed to be overruled, solely with respect to the Extraterritoriality Issue, for the reasons stated in the Extraterritoriality Withdrawal Ruling. 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 July 13, 2012, the Extraterritoriality 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 forty (40) pages (together, the "Extraterritoriality Motion to Dismiss"). The Trustee and SIPC shall each file a memorandum of law in opposition to the Extraterritoriality Motion to Dismiss, not to exceed forty (40) pages each, addressing the Extraterritoriality Withdrawal Ruling Issue (the "Trustee's Opposition") on or before August 17, 2012. Young Conaway Stargatt & Taylor, LLP, which is conflicts counsel for the Trustee, and Windels Marx Lane & Mittendorf, LLP, which is special counsel to the Trustee, each may file a joinder, not to exceed two (2) pages (excluding exhibits identifying the relevant adversary proceedings), to the Trustee's Opposition, on behalf of the Trustee in certain of the adversary proceedings listed on Exhibit A hereto on or before August 17, 2012. In either case, the respective joinders may only specify what portions of the Trustee's Opposition are joined and shall not make or offer any additional substantive argument. The Extraterritoriality Defendants shall file one consolidated reply brief, not to exceed twenty (20) pages, on or before August 31, 2012 (the "Reply Brier'). In the event the Trustee files an amended complaint (the "Amended Complaint") in any of the Adversary Proceedings after the Extraterritoriality 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 Extraterritoriality Defendants. Any further requirement that the Amended Complaints subject to the Extraterritoriality 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 Extraterritoriality Defendants a blackline reflecting the changes made in the Amended Complaint from the then operative complaint. The Court will hold oral argument on the Extraterritoriality Motion to Dismiss on September 21, 2012, at 4:00 p.m. (the "Hearing Date"). On or before August 31, 2012, the Extraterritoriality 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 Extraterritoriality Issue) raised in the Adversary Proceedings by the Extraterritoriality 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 Extraterritoriality Motion to Dismiss; (b) waive or resolve any issue raised or that could be raised by any party other than with respect to the Extraterritoriality 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 Extraterritoriality Motion to Dismiss, limit, restrict or impair any defense or argument that has been raised or could be raised by any Extraterritoriality Defendant in a motion to dismiss under Fed. R. Civ. P. 12 or Fed. R. Bankr. P. 7012, or any other defense or right of any nature available to any Extraterritoriality Defendant (including, without limitation, all defenses based on lack of personal jurisdiction or insufficient service of process), or any argument or defense that could be raised by the Trustee or SIPC in response thereto. Nothing in this Order shall constitute an agreement or consent by any Extraterritoriality 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 Extraterritoriality Issue) 'AJjth 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 Extraterritoriality 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 Extraterritoriality Issue in any of the Adversary Proceedings, this Order supersedes all such schedules solely with respect to the Extraterritoriality Issue. To the extent that briefing or argument schedules are prospectively established with respect to motions to withdraw the reference or motions to dismiss in any of the Adversary Proceedings, the Extraterritoriality Issue shall be excluded from such briefing or argument and such order is vacated. For the avoidance of doubt, to the extent any of the Extraterritoriality Defendants have issues other than the Extraterritoriality Issue or issues set forth in the Common Briefing Order that were withdrawn, those issues will continue to be briefed on the schedule previously ordered by the Court. Except as stated in this paragraph, this Order shall not be deemed or construed to modify, withdraw or reverse any prior Order of the Court that granted withdrawal of the reference in any Adversary Proceeding for any reason. ( Motions due by 7/13/2012., Responses due by 8/17/2012, Replies due by 8/31/2012., Oral Argument set for 9/21/2012 at 04:00 PM before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 6/6/2012) (jfe)
June 7, 2012 Opinion or Order Filing 166 CONSENT ORDER DEFERRING BRIEFING ON REMAINING ISSUES IN PENDING MOTION TO WITHDRAW THE REFERENCE. The briefing on the remaining issues as specified in this order shall be deferred until after all of the issues articulated in the Common Briefing Orders have been fully adjudicated by a final order of this Court. The Parties shall advise this Court whether any further briefing with respect to the Remaining Issues are necessary to resolve the pending Motions to Withdraw the Reference in this action as soon as practicable after all of such issues stated in the Common Briefing Orders have been fully adjudicated by a final order of this Court. (Signed by Judge Jed S. Rakoff on 6/6/2012) (rjm)
June 7, 2012 Opinion or Order Filing 165 ORDER. For the reasons stated in Flinn, the Court denies Kansler's motion to withdraw the reference on the two issues specified. The Clerk of the Court is hereby ordered to close item number 1 on the docket of 11 Civ. 8533. (Signed by Judge Jed S. Rakoff on 6/6/2012) (rjm)
June 7, 2012 Opinion or Order Filing 164 ORDER. Because the defendants have not met their burden of demonstrating that a court must undertake substantial and material interpretation of SIPA "at every turn," the Court declines to withdraw the reference these proceedings in their entireties. The Clerk of the Court is hereby ordered to close item number 1 on the docket of 11 Civ. 8984, 11 Civ. 8986, 11 Civ. 8987, 11 Civ. 8988, and 11 Civ. 8989. (Signed by Judge Jed S. Rakoff on 6/6/2012) (rjm)
June 7, 2012 Opinion or Order Filing 163 ORDER. For the reasons stated in Flinn, the Court denies the Karyo's motion to withdraw the reference on this issue. The Clerk of the Court is hereby ordered to close item number 1 on the docket of 11 Civ. 8947. (Signed by Judge Jed S. Rakoff on 6/6/2012) (rjm)
June 7, 2012 Opinion or Order Filing 162 ORDER. For the reasons stated in Flinn, the Court denies the defendants' motion to withdraw the reference on these three issues. The Clerk of the Court is hereby ordered to close item number 9 on the docket of 11 Civ. 8840. (Signed by Judge Jed S. Rakoff on 6/6/2012) (rjm)
June 6, 2012 Opinion or Order Filing 161 ORDER: For the reasons stated in Flinn, the Court denies the defendants' motion to withdraw the reference on this issue. The Clerk of the Court is hereby ordered to close item number 1 on the docket of 11 Civ. 8741, 11 Civ. 8742, 11 Civ. 8743, 11 Civ. 8744, 11 Civ. 8745. (Signed by Judge Jed S. Rakoff on 6/6/2012) (jfe)
June 6, 2012 Opinion or Order Filing 160 ORDER: For the reasons stated in Flinn, the Court denies Danville's motion to withdraw the reference on these three issues. The Clerk of the Court is hereby ordered to close item number 1 on the docket of 11 Civ. 6573. (Signed by Judge Jed S. Rakoff on 6/6/2012) (jfe)
June 6, 2012 Opinion or Order Filing 159 ORDER: Accordingly, the Court directs the parties to continue according to the procedures outlined in those orders. The Clerk of the Court is hereby ordered to close item number 1 on the docket of 11 Civ. 8491. (Signed by Judge Jed S. Rakoff on 6/6/2012) (jfe)
June 6, 2012 Opinion or Order Filing 158 STIPULATION AND ORDER: For reasons that are no longer relevant, the above-captioned adversary proceedings (the "Adversary Proceedings"), were inadvertently excluded from Exhibit C to the Order dated May 12, 2012, No. 12 Civ. 0115 (S.D.N.Y. May 16, 2012) (ECF No. 109) (the "Rule 54(b) Order"). The parties to this Stipulation and Order hereby agree that the Rule 54(b) Order as entered shall apply to the Adversary Proceedings nunc pro tunc to May 16, 2012, and the Adversary Proceedings will be covered by the Rule 54(b) Order in all respects. (Signed by Judge Jed S. Rakoff on 6/6/2012) (jfe)
June 6, 2012 Opinion or Order Filing 157 CONSENT ORDER DEFERRING BRIEFING ON REMAINING ISSUE IN PENDING MOTIONS TO WITHDRAW THE REFERENCE: On consent of (i) the above-captioned defendants (collectively, "Defendants"), (ii) Irving H. Picard, as Trustee (the "Trustee") for the substantively consolidated liquidation proceedings of Bernard L. Madoff Investment Securities LLC under the Securities Investor Protection Act, and (iii) the Securities Investor Protection Corporation ("SIPC", together with the Defendants and the Trustee, the "Parties"), briefing with respect to whether judicial economy provides a basis to withdraw the reference for cause pursuant to 28 U.S.C. 157(d), the only remaining legal issue raised by the pending Motions to Withdraw the Reference in the above-captioned cases (the "Remaining Issue") which is not subsumed by the (i) Order, In re: Madoff Securities, No. 12-MC-115 (JSR) (S.D.N.Y. April 13, 2012) (ECF No.4) (the "Stern Order") and (ii) Order, In re: Madoff Securities, No. 12-MC-00115 (JSR) (S.D.N.Y. April 19, 2012) (ECF No. 22) (together with the Stern Order, the "Common Briefing Orders") shall be deferred until after all of the issues articulated in the Common Briefing Orders have been fully adjudicated by a final order of this Court. The Parties shall advise this Court whether any further briefing with respect to the Remaining Issue is necessary to resolve the pending Motions to Withdraw the Reference in this action as soon as practicable after all of such' issues stated in the Common Briefing Orders have been fully adjudicated by a final order of this Court. (Signed by Judge Jed S. Rakoff on 6/6/2012) (jfe)
June 6, 2012 Opinion or Order Filing 156 ORDER: Accordingly, the Court directs the parties to continue according to the procedures outlined in those orders. The Clerk of the Court is hereby ordered to close item number 1 on the docket of 11 Civ. 8668. (Signed by Judge Jed S. Rakoff on 6/6/2012) (jfe)
June 1, 2012 Opinion or Order Filing 155 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 Section 502(d) Defendants for the limited purpose of hearing and determining whether SIPA prevents the Trustee from disallowing customer claims under II U.S.C. 502(d) (the "Section 502(d) Issue"). Except as otherwise provided herein or in other orders of this Court, the reference to the Bankruptcy Court is otherwise maintained for all other purposes. The Trustee and SIPC are deemed to have raised, in response to all pending motions for withdrawal of the reference based on the Section S02(d) Issue, all arguments previously raised by either or both of them in opposition to all such motions granted by the Section 502(d) Withdrawal Ruling, and such objections or arguments are deemed to be overruled, solely with respect to the Section 502(d) Issue, for the reasons stated in the Section 502(d) Withdrawal Ruling. 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 July 13, 2012, the Section 502(d) 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 forty (40) pages (together, the "Section 502( d) Motion to Dismiss"). The Trustee and SIPC shall each file a memorandum of law in opposition to the Section 502(d) Motion to Dismiss, not to exceed forty (40) pages each, addressing the Section 502(d) Withdrawal Ruling Issue on or before September 12, 2012. Windels Marx Lane & Mittendorf, LLP, special counsel to the Trustee, may file a joinder to the Trustee's opposition to the Section 502(d) Motion to Dismiss on behalf of the Trustee in certain of the Adversary Proceedings listed on Exhibit A on or before September 12, 2012. The Section 502(d) Defendants shall file one consolidated reply brief, not to exceed twenty (20) pages, on or before September 28, 2012. The Court will hold oral argument on the Section 502(d) Motion to Dismiss on October 9, 2012 at 3:00 p.m. On or before September 28, 2012, the Section 502(d) 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, as further set forth in this Order ( Motions due by 7/13/2012., Responses due by 9/12/2012, Replies due by 9/28/2012., Oral Argument set for 10/9/2012 at 03:00 PM before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 6/1/2012) (jfe)
May 31, 2012 Opinion or Order Filing 154 ORDER: The Court directs the Trustee to arrange for all parties raising the issue of good faith to prepare a proposed order consolidating and scheduling the briefing. The parties should submit their proposed order to the Court no later than June 13, 2012. In the interim, the Court stays any briefing schedule set in an individual adversary proceeding to the extent that the briefing contemplated by that schedule addressed only the "good faith" issue and other issues for which the Court has consolidated briefing. (Signed by Judge Jed S. Rakoff on 5/30/2012) (js)
May 31, 2012 Opinion or Order Filing 153 STIPULATION AND ORDER: For reasons that are no longer relevant, Picard v. Audrey Koota, et al., No. 12 cv. 2154 (JSR) (the "Koota Action"), was excluded from Exhibit C to the Order dated May 12, 2012, No. 12 Civ. 0115 (S.D.N.Y. May 16, 2012) (ECF No. 109) (the "Rule 54(b) Order"). The parties to this Stipulation and Order hereby agree that the Rule 54(b) Order as entered shall apply to the Koota Action nunc pro tunc to May 16, 2012, and the Koota Action will be covered by the Rule 54(b) Order in all respects (Signed by Judge Jed S. Rakoff on 5/30/2012) (js)
May 31, 2012 Filing 152 NOTICE OF APPEARANCE by Mandy DeRoche on behalf of Justin Lowe, Reliance International Research LLC (Attachments: #1 Exhibit 1)(DeRoche, Mandy)
May 31, 2012 Filing 151 NOTICE OF APPEARANCE by Mark Joseph Hyland on behalf of Justin Lowe, Reliance International Research LLC (Attachments: #1 Exhibit 1)(Hyland, Mark)
May 30, 2012 Opinion or Order Filing 150 ORDER: Therefore, the Court directs the parties to continue according to the procedures that were previously arranged or are being arranged for the consolidated briefing. The Clerk of the Court is ordered to close item number one on the dockets of 11 Civ. 7763 and 11 Civ. 7810. (Signed by Judge Jed S. Rakoff on 5/28/2012) (cd)
May 30, 2012 Opinion or Order Filing 149 MEMORANDUM ORDER re: (1 in 1:11-cv-07174-JSR) MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-4973A, 08-1789A filed by Connecticut General Life Insurance Company, (1 in 1:11-cv-07176-JSR) MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-5065A, 08-1789 (BRL) filed by Connecticut General Life Insurance Company. Accordingly, the Court denies Connecticut General's motion to withdraw the reference on the issue of whether Connecticut General exercised"dominion" over transfers from Madoff Securities, rendering it a transferee. In sum, the Court, as provided in previous orders, withdraws the reference to address the issues presented by 546(e) and Stern v. Marshall, but denies the motion to withdraw the reference on the issue of whether Connecticut General acted as a "mere conduit" for transfers from Madoff Securities. The Clerk of the Court is ordered to close item number one on the dockets of 11 Civ. 7174 and 11 Civ. 7176. (Signed by Judge Jed S. Rakoff on 5/29/2012) (cd)
May 30, 2012 Filing 148 AFFIDAVIT OF SERVICE of Reply Memorandum of Law in Support of Defendants' Motion to Withdraw Reference to Bankruptcy Court on 5/30/12. Document filed by Fiterman Investment Fund, et al.. (Jones, Harold)
May 30, 2012 Filing 147 REPLY MEMORANDUM OF LAW in Support of Defendants' Motion to Withdraw Reference to Bankruptcy Court. Document filed by Fiterman Investment Fund, et al., Hess Kline Rev. Trust, et al., Metro Motor Imports, Inc., et al, Miles & Shirley Fiterman Charitable Foundation, et al., Miles Q. Fiterman Revocable Trust, et al.. (Jones, Harold)
May 25, 2012 Filing 146 NOTICE OF APPEARANCE by William B. Pollard, III on behalf of STUART H. COLEMAN, Belinda F. Clarke, DECIMAL INVESTMENTS, L.L.C., ELIZABETH R. VARET DEFINED BENEFIT PLAN & TRUST, ELIZABETH R. VARET IRA ROLLOVER, ELIZABETH R. VARET MONEY PURCHASE PENSION PLAN, ELLEN V. GREENSPAN, HUDSON CHARITABLE FUND, JJG FOUNDATION, INC., James R. Ledley, METROPOLITAN PHILANTHROPIC FUND, INC., ALICE ROSENWALD FUND, AMERICAN PHILANTHROPIC FOUNDATION, AMERICAN SECURITIES GROUP, L.L.C., ANCHORAGE CHARITABLE FUND, American Securities Holdings Corp., American Securities Management, L.P., f/k/a American Securities, L.P., American Securities Opportunity Fund, L.P., Alexander G. Anagnos, P&I PARTNERS, PETER PEARMAN, NINA ROSENWALD, Alice Rosenwald, BENJAMIN R SIGELMAN, JONATHAN R. SIGELMAN, RONALD J. STEIN, THE ABSTRACTION FUND, THE ESTATE OF JESSE L. SIGELMAN, ELIZABETH R VARET, David R. Varet, Joseph R. Varet, Michael A. Varet, Sarah R. Varet, WIlliam Rosenwald Family Fund, Inc. (Pollard, William)
May 25, 2012 Filing 145 NOTICE OF APPEARANCE by Amy Christine Gross on behalf of STUART H. COLEMAN, Belinda F. Clarke, DECIMAL INVESTMENTS, L.L.C., ELIZABETH R. VARET DEFINED BENEFIT PLAN & TRUST, ELIZABETH R. VARET IRA ROLLOVER, ELIZABETH R. VARET MONEY PURCHASE PENSION PLAN, ELLEN V. GREENSPAN, HUDSON CHARITABLE FUND, JJG FOUNDATION, INC., James R. Ledley, METROPOLITAN PHILANTHROPIC FUND, INC., ALICE ROSENWALD FUND, AMERICAN PHILANTHROPIC FOUNDATION, AMERICAN SECURITIES GROUP, L.L.C., ANCHORAGE CHARITABLE FUND, American Securities Holdings Corp., American Securities Management, L.P., f/k/a American Securities, L.P., American Securities Opportunity Fund, L.P., Alexander G. Anagnos, P&I PARTNERS, PETER PEARMAN, NINA ROSENWALD, Alice Rosenwald, BENJAMIN R SIGELMAN, JONATHAN R. SIGELMAN, RONALD J. STEIN, THE ABSTRACTION FUND, THE ESTATE OF JESSE L. SIGELMAN, ELIZABETH R VARET, David R. Varet, Joseph R. Varet, Michael A. Varet, Sarah R. Varet, WIlliam Rosenwald Family Fund, Inc. (Gross, Amy)
May 25, 2012 Filing 144 JOINDER to join re: #141 Brief / Trustee's Memorandum of Law in Opposition to Consolidated Brief on Behalf of Stern Withdrawal Defendants. Document filed by Irving H. Picard. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Lunn, Matthew)
May 25, 2012 Filing 143 NOTICE OF APPEARANCE by Ina R. Bort on behalf of STUART H. COLEMAN, Belinda F. Clarke, DECIMAL INVESTMENTS, L.L.C., ELIZABETH R. VARET DEFINED BENEFIT PLAN & TRUST, ELIZABETH R. VARET IRA ROLLOVER, ELIZABETH R. VARET MONEY PURCHASE PENSION PLAN, ELLEN V. GREENSPAN, HUDSON CHARITABLE FUND, JJG FOUNDATION, INC., James R. Ledley, METROPOLITAN PHILANTHROPIC FUND, INC., P&I PARTNERS, PETER PEARMAN, NINA ROSENWALD, Alice Rosenwald, BENJAMIN R SIGELMAN, JONATHAN R. SIGELMAN, RONALD J. STEIN, THE ABSTRACTION FUND, THE ESTATE OF JESSE L. SIGELMAN, ELIZABETH R VARET, David R. Varet, Joseph R. Varet, Michael A. Varet, Sarah R. Varet, WIlliam Rosenwald Family Fund, Inc. (Bort, Ina)
May 25, 2012 Filing 142 JOINDER to join re: #141 Brief Trustees Memorandum of Law in Opposition to Consolidated Brief on Behalf of Stern Withdrawal Defendants. Document filed by Irving H. Picard.(Simon, Howard)
May 25, 2012 Filing 141 BRIEF re: #4 Order,,,,,,,,,, / Trustee's Memorandum of Law in Opposition to Consolidated Brief on Behalf of Stern Withdrawal Defendants. Document filed by Irving H. Picard.(Warshavsky, Oren)
May 25, 2012 Filing 140 MEMORANDUM OF LAW in Support re: #139 MOTION for Judgment on the Pleadings.. Document filed by Suzanne Hammond, April Bukofser Manzke, Sandra L. Manzke, Walker Manzke, Maxam Absolute Return Fund Limited, Maxam Absolute Return Fund, LP, Maxam Capital GP LLC, Maxam Capital Management LLC, Sandra L. Manzke Revocable Trust. (Tendler, Carrie)
May 25, 2012 Filing 139 MOTION for Judgment on the Pleadings. Document filed by Suzanne Hammond, April Bukofser Manzke, Sandra L. Manzke, Walker Manzke, Maxam Absolute Return Fund Limited, Maxam Absolute Return Fund, LP, Maxam Capital GP LLC, Maxam Capital Management LLC, Sandra L. Manzke Revocable Trust.(Tendler, Carrie)
May 25, 2012 Opinion or Order Filing 138 STIPULATION AND ORDER: For reasons that are no longer relevant, Picard v. Zephyros Limited, No. 12 cv. 3533 (JSR) (the "Zephyros Action") and Picard v. Mistral (SPC), No. 12 cv. 3532 (JSR) (the "Mistral Action") were excluded from Exhibit A to the Order dated April 13, 2012, No. 12 Civ. 0115 (S.D.N.Y. April 13, 2012) (ECF No.4) (the "Stern Order"). The parties to this Stipulation and Order hereby agree that the Stern Order as entered shall apply to each of the Zephyros Action and the Mistral Action nunc pro tunc to April 13, 2012, and such actions will be covered by the Stern Order in all respects. (Signed by Judge Jed S. Rakoff on 5/24/2012) (mro)
May 25, 2012 Opinion or Order Filing 137 CONSENT ORDER DEFERRING BRIEFING ON REMAINING ISSUE IN PENDING MOTION TO WITHDRAW THE REFERENCE: On consent of (i) the above-captioned defendant (collectively, "Defendant"), (ii) Irving H. Picard, as Trustee (the "Trustee") for the substantively consolidated liquidation proceedings of Bernard L. Madoff Investment Securities LLC under the Securities Investor Protection Act, and (iii) the Securities Investor Protection Corporation ("SIPC", together with the Defendant and the Trustee, the "Parties"), briefing with respect to whether judicial economy provides a basis to withdraw the reference for cause pursuant to 28 U.S.C. 157(d), the only remaining legal issue raised by the pending Motion to Withdraw the Reference in the above-captioned case (the "Remaining Issue") which is not subsumed by the (i) Order, In re: Madoff Securities, No. 12-MC-115 (JSR) (S.D.N.Y. April 13, 2012) (ECF No.4) (the "Stern Order") and (ii) Order, In re: Madoff Securities, No. 12-MC-00115 (JSR) (S.D.N.Y. April 19, 2012) (ECF No. 22) (together with the Stern Order, the "Common Briefing Orders") shall be deferred until after all of the issues articulated in the Common Briefing Orders have been fully adjudicated by a final order of this Court. The Parties shall advise this Court whether any further briefing with respect to the Remaining Issue is necessary to resolve the pending Motion to Withdraw the Reference in this action as soon as practicable after all of such issues stated in the Common Briefing Orders have been fully adjudicated by a final order of this Court. (Signed by Judge Jed S. Rakoff on 5/25/2012) (mro)
May 25, 2012 Filing 136 BRIEF re: #4 Order,,,,,,,,,, Memorandum of Law of the Securities Investor Protection Corporation Addressing Issues Raised in the Court's Order Entered April 13, 2012. Document filed by Securities Investor Protection Corporation. (Attachments: #1 Affidavit of Service)(LaRosa, Christopher)
May 24, 2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Carrie Ann Tendler to RE-FILE Document #134 MOTION for Judgment on the Pleadings. ERROR(S): PDF Error. NOTE: PDF indicates it is a Memorandum of Law in Support. Re-File with correct title. (ldi)
May 24, 2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Carrie Ann Tendler to RE-FILE Document #135 Memorandum of Law in Support of Motion. ERROR(S): Document linked to filing error. (ldi)
May 24, 2012 Filing 135 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #134 MOTION for Judgment on the Pleadings.. Document filed by Suzanne Hammond, April Bukofser Manzke, Sandra L. Manzke, Walker Manzke, Maxam Absolute Return Fund Limited, Maxam Absolute Return Fund, LP, Maxam Capital GP LLC, Maxam Capital Management LLC, Sandra L. Manzke Revocable Trust. (Tendler, Carrie) Modified on 5/25/2012 (ldi).
May 24, 2012 Filing 134 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Judgment on the Pleadings. Document filed by Suzanne Hammond, April Bukofser Manzke, Sandra L. Manzke, Walker Manzke, Maxam Absolute Return Fund Limited, Maxam Absolute Return Fund, LP, Maxam Capital GP LLC, Maxam Capital Management LLC, Sandra L. Manzke Revocable Trust.(Tendler, Carrie) Modified on 5/25/2012 (ldi).
May 24, 2012 Filing 133 NOTICE OF APPEARANCE by Carrie Ann Tendler on behalf of Suzanne Hammond, April Bukofser Manzke, Sandra L. Manzke, Walker Manzke, Maxam Absolute Return Fund Limited, Maxam Capital GP LLC, Maxam Capital Management LLC, Sandra L. Manzke Revocable Trust (Tendler, Carrie)
May 24, 2012 Filing 132 NOTICE OF APPEARANCE by Jonathan David Cogan on behalf of Suzanne Hammond, April Bukofser Manzke, Sandra L. Manzke, Walker Manzke, Maxam Absolute Return Fund Limited, Maxam Absolute Return Fund, LP, Maxam Capital GP LLC, Maxam Capital Management LLC, Sandra L. Manzke Revocable Trust (Cogan, Jonathan)
May 24, 2012 Opinion or Order Filing 131 CONSENT ORDER AMENDING STERN COMMON BRIEFING ORDER: On consent of (i) the above-captioned defendants (collectively, "Stern Withdrawal Defendants"), (ii) Irving H. Picard, as Trustee (the "Trustee") for the substantively consolidated liquidation proceedings of Bernard L. Madoff Investment Securities LLC under the Securities Investor Protection Act, and (iii) the Securities Investor Protection Corporation ("SIPC", together with the Stern Withdrawal Defendants and the Trustee, the "Parties"), the Order, In re: Madoff Securities, No. 12-MC-115 (JSR) (S.D.N.Y. April 13, 2012) (ECF No.4) (the "Stern Order") shall hereby be modified to permit the following: (1) Young Conaway Stargatt & Taylor, LLP, conflicts counsel for the Trustee, may file a joinder, not to exceed two pages (excluding exhibits identifying the relevant adversary proceedings), to the Trustee's opposition to the Consolidated Brief on Behalf of Stern Withdrawal Defendants Responding to Issues Raised by Order of the Court Entered on April 13, 2012 ("Stern Withdrawal Defendants' Brief"), on behalf of the Trustee in certain of the adversary proceedings listed on Exhibit A to the Stern Order on or before May 25, 2012; and (2) Windels Marx Lane & Mittendorf, LLP, special counsel to the Trustee, may file a joinder, not to exceed two pages (excluding exhibits identifying the relevant adversary proceedings), to the Trustee's opposition to the Stern Withdrawal Defendants' Brief on behalf of the Trustee in certain of the adversary proceedings listed on Exhibit A to the Stern Order on or before May 25, 2012. In either case, the respective joinders may only specify what portions of the Trustee's opposition are joined and may not make or offer any additional substantive argument. (Signed by Judge Jed S. Rakoff on 5/24/2012) (jfe)
May 24, 2012 Filing 130 NOTICE OF APPEARANCE by Alan Levine on behalf of Stephanie S. Mack (Levine, Alan)
May 24, 2012 Filing 129 NOTICE OF APPEARANCE by Laura Grossfield Birger on behalf of Stephanie S. Mack (Birger, Laura)
May 24, 2012 Filing 128 NOTICE OF APPEARANCE by Lawrence C. Gottlieb on behalf of Stephanie S. Mack (Gottlieb, Lawrence)
May 24, 2012 Filing 127 NOTICE OF APPEARANCE by Michael Aaron Klein on behalf of Stephanie S. Mack (Klein, Michael)
May 24, 2012 Opinion or Order Filing 126 STIPULATION AND ORDER: For reasons that are no longer relevant, Picard v. Plaza Investments International Limited, et al., No. 12 cv. 2646 (JSR) (the "Plaza Action"), was excluded from Exhibit A to the Order dated May 16, 2012, No. 12 Civ. 0115 (S.D.N.Y. May 15, 2012) (ECF No. 107) (the "Antecedent Debt Order"). The parties to this Stipulation and Order hereby agree that the Antecedent Debt Order as entered shall apply to the Plaza Action nunc pro tunc to May 16, 2012, and will be covered by the Antecedent Debt Order in all respects. (Signed by Judge Jed S. Rakoff on 5/23/2012) (jfe)
May 24, 2012 Opinion or Order Filing 125 ORDER: The Court has decided to consolidate briefing on the merits of an issue --raised in a number of pending and decided motions to withdraw the reference --for which the Court has previously withdrawn the reference to the bankruptcy court: whether SIPA prevents the Trustee from disallowing customer claims under 11 U.S.C. 502(d). The Court directs the parties to cases that have raised this issue in a motion to withdraw the reference to jointly call Chambers at a convenient time on Tuesday, May 29, 2012. The consolidated resolution of this issue will govern all pending motions to withdraw and those pending motions to dismiss that have not yet been fully briefed and argued. In light of the Court's plan to consolidate briefing on this issue, parties should not brief the issue in future proceedings in their individual cases. (Signed by Judge Jed S. Rakoff on 5/23/2012) (jfe)
May 23, 2012 Filing 124 FINAL JUDGMENT DISMISSING CERTAIN CLAIMS pursuant to Fed. R. Civ. P. 54(b):Defendants' motions to dismiss the complaints and amended complaints, as consolidated in the Fishman Action for purposes of the entry ofjudgment and appeal, are granted with respect to and to the extent of all of the claims that sought avoidance of: (1) preferences under section 547 of the Bankruptcy Code; (2) constructive fraudulent transfers under section 548(a)(1 )(B) of the Bankruptcy Code; and (3) actual and constructive fraudulent transfers or fraudulent conveyances under provisions of the New York Debtor & Creditor Law incorporated by section 544(b) of the Bankruptcy Code, and such claims are dismissed. (Signed by Judge Jed S. Rakoff on 5/22/2012) (Attachments: #1 Notice of Right to Appeal)(dt). *(Original Document #14 filed in 11-cv-7603(JSR).
May 23, 2012 Opinion or Order Filing 123 ORDER: On December 23, 2011, the Court stayed Thybo Asset Management Limited's motion to withdraw the reference to the Bankruptcy Court pending the Bankruptcy Court's resolution of Thybo Asset Management Limited's motion to dismiss based on lack of personal jurisdiction. Subsequently, the Court consolidated merits briefing on many issues -- some of which Thybo Asset Management Limited raised --in an attempt to finally resolve those issues across all relevant cases and return those cases to the Bankruptcy Court. See, e.g., Order dated April 19, 2012. In light of the efficiency of resolving these issues quickly in all relevant cases, the Court lifts the stay of Thybo Asset Management Limited's motion to withdraw the reference and withdraws the reference in its case to the extent necessary to allow Thybo Asset Management Limited to participate in the consolidated briefing. To the extent that other parties, by virtue of their motions before the Bankruptcy Court to dismiss based on lack of personal jurisdiction, are similarly situated to Thybo Asset Management Limited, the Court lifts any applicable stay and withdraws the reference in their cases to the extent necessary to permit their participation in the consolidated briefing. (Signed by Judge Jed S. Rakoff on 5/22/2012) (lmb)
May 23, 2012 Opinion or Order Filing 122 ORDER: The Court inadvertently omitted information from the Consent Order Granting Certification Pursuant to Fed. R. Civ. P. 54(b) for Entry of Final Judgment Dismissing Certain Claims and Actions ("Consent Order"), Document #109 on docket number 12 Misc. 115. On page two of the Consent Order, the Court had intended to note that it had issued a Supplemental Opinion and Order on May 15, 2012 and that the Supplemental Opinion and Order is Document #101 on docket number 12 Misc. 115. The Consent Order is therefore deemed amended accordingly. (Signed by Judge Jed S. Rakoff on 5/22/2012) (lmb)
May 22, 2012 Filing 121 NOTICE OF APPEARANCE by Barry Richard Lax on behalf of Bonnie J. Kansler (Lax, Barry)
May 22, 2012 Opinion or Order Filing 120 CONSENT ORDER DEFERRING BRIEFING ON REMAINING ISSUE IN PENDING MOTION TO WITHDRAW THE REFERENCE: On consent of (i) the above-captioned defendants (collectively, "Defendants"), (ii) Irving H. Picard, as Trustee (the "Trustee") for the substantively consolidated liquidation proceedings of Bernard L. Madoff Investment Securities LLC under the Securities Investor Protection Act, and (iii) the Securities Investor Protection Corporation ("SIPC", together with the Defendants and the Trustee, the "Parties"), briefing with respect to whether judicial economy provides a basis to withdraw the reference for cause pursuant to 28 U.S.C. lS7(d), the only remaining legal issue raised by the pending Motions to Withdraw the Reference in the above-captioned cases (the "Remaining Issue") which is not subsumed by the (i) Order, In re: Madoff Securities, No. 12-MC-ll5 (JSR) (S.D.N.Y. April 13, 2012) (ECF No.4) (the "Stern Order") and (ii) Order, In re: Madoff Securities, No. 12-MC-OOll5 (JSR) (S.D.N.Y. April 19, 2012) (ECF No. 22) (together with the Stern Order, the "Common Briefing Orders") shall be deferred until after all of the issues articulated in the Common Briefing Orders have been fully adjudicated by a final order of this Court. The Parties shall advise this Court whether any further briefing with respect to the Remaining Issue is necessary to resolve the pending Motions to Withdraw the Reference in this action as soon as practicable after all of such issues stated in the Common Briefing Orders have been fully adjudicated by a final order of this Court. (Signed by Judge Jed S. Rakoff on 5/22/2012) (pl)
May 18, 2012 Opinion or Order Filing 117 STIPULATION AND ORDER RESOLVING PORTIONS OF PENDING MOTIONS TO DISMISS: On consent of (i) the Defendants, (ii) the Trustee, and (iii) SIPC (collectively, the "Parties"), the Parties agree as follows: Claim Allowance/Claim Subordination. The Parties agree that (a) Argument IV in the Motion to Dismiss filed in the Shapiro Action, which seeks dismissal of Count 9 (Disallowance Of Certain Customer Claims) and Count 10 (Equitable Subordination Of Defendants' Customer Claims) in the amended complaint filed in the Shapiro Action and (b) Argument VI in the Motion to Dismiss filed in the Greenberger Action, which seeks dismissal of Count 16 (Disallowance Of The Related Account Customer Claim) and Count 17 (Equitable Subordination Of The Related Account Customer Claim) in the complaint filed in the Greenberger Action for: (i) disallowance of the Defendants' customer claims; and (ii) equitable subordination of the Defendants' customer claims, arc not to be considered in the Motions to Dismiss, and/or decided by this Court pursuant to the Motions to Dismiss, in the Shapiro Action and the Greenberger Action. The parties otherwise reserve all rights, including the right to ask any court to issue a ruling addressing these claims or defenses, and as further set forth in this document. Amended Pleadings in the Greenberger action due by 5/25/2012. Motions to Dismiss in the Shapiro action due by 6/22/2012. Responses due by 7/13/2012, Replies due by 7/27/2012. Oral Argument set for 8/3/2012 at 04:00 PM before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 5/17/2012) (cd)
May 18, 2012 Opinion or Order Filing 116 CONSENT ORDER DEFERRING BRIEFING ON REMAINING ISSUES IN PENDING MOTION TO WITHDRAW THE REFERENCE: On consent of (i) the above-captioned defendants (collectively, "Defendants"), (ii) Irving H. Picard, as Trustee (the "Trustee") for the substantively consolidated liquidation proceedings of Bernard L. Madoff Investment Securities LLC under the Securities Investor Protection Act, and (iii) the Securities Investor Protection Corporation ("SIPC", together with the Defendants and the Trustee, the "Parties"), briefing with respect to (a) whether a defendant's right to a jury trial or (b) judicial economy provide a basis to withdraw the reference for cause pursuant to 28 U.S.C. 157(d), the only remaining legal issues raised by the pending Motion to Withdraw the Reference filed in the above-captioned action (the "Remaining Issues") which are not subsumed by the (i) Order, In re: Madoff Securities, No. 12-MC-115 (JSR) (S.D.N.Y. April 13, 2012)(ECF No. 4) (the "Stem Order") and (ii) Order, In re: Madoff Securities, No. 12-MC-00115(JSR) (S.D.N.Y. April 19, 2012) (ECF No. 22) (together with the Stern Order, the "Common Briefing Orders") shall be deferred until after all of the issues articulated in the Common Briefing Orders have been fully adjudicated by a final order of this Court. The Parties shalladvise this Court whether any further briefing with respect to the Remaining Issues is necessary to resolve the pending Motion to Withdraw the Reference in this action as soon as practicable after all of such issues stated in the Common Briefing Orders have been fully adjudicated by a final order of this Court. (Signed by Judge Jed S. Rakoff on 5/17/2012) (cd)
May 18, 2012 Opinion or Order Filing 115 CONSENT ORDER DEFERRING BRIEFING ON REMAINING ISSUE IN PENDING MOTION TO WITHDRAW THE REFERENCE: On consent of (i) the above-captioned defendants (collectively, "Defendants"), (ii) Irving H. Picard, as Trustee (the "Trustee") for the substantively consolidated liquidation proceedings of Bernard L. Madoff Investment Securities LLC under the Securities Investor Protection Act, and (iii) the Securities Investor Protection Corporation ("SIPC", together with the Defendants and the Trustee, the "Parties"), briefing with respect to whether a defendant's right to a jury trial provides a basis to withdraw the reference for cause pursuant to 28 U.S.C. l57(d), the only remaining legal issue raised by the pending consolidated Motion to Withdraw the Reference (the "Remaining Issue") which is not subsumed by the (i) Order, In re: Madoff Securities, No. 12-MC-115 (JSR) (S.D.N.Y. April 13,2012) (ECF No.4) (the "Stern Order") and (ii) Order, In re: Madoff Securities, No. 12-MC-00115 (JSR) (S.D.N.Y. April 19, 2012) (ECF No. 22) (together with the Stern Order, the "Common Briefing Orders") shall be deferred until after all of the issues articulated in the Common Briefing Orders have been fully adjudicated by a final order of this Court. The Parties shall advise this Court whether any further briefing with respect to the Remaining Issue is necessary to resolve the pending consolidated Motion to Withdraw the Reference in this action as soon as practicable after all of such issues stated in the Common Briefing Orders have been fully adjudicated by a final order of this Court. (Signed by Judge Jed S. Rakoff on 5/17/2012) (cd)
May 18, 2012 Opinion or Order Filing 114 Order:BASED ON THE FOREGOING, IT IS HEREBY ORDERED AS FOLLOWS: 1)The reference of the Adversary Proceedings is withdrawn from the Bankruptcy Court, in part and solely with respect to the Standing and SLUSA Withdrawal Defendants, to this Court for the limited purpose of deciding the following issues (the "Withdrawn Standing and SLUSA Issues"): (a) whether the Trustee has standing to bring common law claims; and (b) whether SLUSA preempts the Trustee's common law claims. Except as otherwise provided herein or in orders of this Court, the reference to the Bankruptcy Court is otherwise maintained for all other purposes; 2) The Trustee and SIPC are deemed to have raised, in response to all pending motions for withdrawal of the reference based on the Withdrawn Standing and SLUSA Issues, all arguments previously raised by either or both of them in opposition to all such motions granted by the Prior Standing and SLUSA Withdrawal Ruling, and such objections or arguments are deemed to be overruled, solely with respect to the Withdrawn Standing and SLUSA Issues, for the reasons stated in the Prior Standing and SLUSA Withdrawal Ruling; 3) 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; 4.) The Standing and SLUSA Withdrawal Defendants shall file one consolidated opening brief, not to exceed forty ( 40) pages, addressing the Withdrawn Standing and SLUSA Issues on or before August 3, 2012. Separately, on or before August 3, 2012, certain Standing and SLUSA Withdrawal Defendants as to whom the Trustee asserts the applicability of the "insider exception" to the in pari delicto I Wagoner doctrine may submit a brief, not to exceed seven (7) pages, on that part of the standing issue; 5.) The Trustee and SIPC shall each file an opposition brief, not to exceed forty (40) pages each, addressing the Withdrawn Standing and SLUSA Issues on or before September 14, 2012. Separately, on or before September 14, 2012, the Trustee may submit a separate brief, notto exceed seven (7) pages, regarding the effect of the "insider exception" on the in pari delicto I Wagoner doctrine; 6.) The Standing and SLUSA Withdrawal Defendants shall file one consolidated reply brief, not to exceed twenty (20) pages, on or before October 5, 2012. Separately, on or before October 5, 2012, certain Standing and SLUSA Withdrawal Defendants as to whom the Trustee asserts the applicability of the "insider exception" to the in pari delicto I Wagoner doctrine may submit a separate reply brief, not to exceed five (5) pages, on that part of the standing issue; 7.) The Court will hold oral argument concerning the Withdrawn Standing and SLUSA Issues on October 15, 2012, at 4:00 p.m. (the "Hearing Date"); 8.) On or before October 5, 2012, the Standing and SLUSA Withdrawal Defendants shall designate one lead counsel to advocate their position at oral argument on the Hearing Date. Separately, on or before October 5, 2012, the certain Standing and SLUSA Withdrawal Defendants as to whom the Trustee asserts the applicability of the "insider exception" to the inpari delicto I Wagoner doctrine shall designate one counsel to advocate their position on that part of the standing issue at oral argument on the Hearing Date; 9.) 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; 10.) All communications and documents (including drafts) exchanged between andamong any of the defendants in the Adversary Proceedings listed on Exhibit A, 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; 11.) This Order is without prejudice to any and all grounds for withdrawal of the reference (other than the Withdrawn Standing and SLUSA Issues) raised in the Adversary Proceedings by the Standing and SLUSA Withdrawal Defendants, all of which are preserved; 12.) Nothing in this Order shall: (a) waive or resolve any issue raised by any party other than the withdrawal of the reference solely with respect to the Standing and SLUSA Issues; (b) limit, restrict or impair any defense or argument that has been raised or could be raised by any Standing and SLUSA Withdrawal Defendant in a motion to dismiss under Fed. R. Civ. P. 12 or Fed. R. Bankr. P. 7012, or any other defense or right of any nature available to any Standing and SLUSA Withdrawal Defendant (including, without limitation, all defenses based on lack of personal jurisdiction or insufficient service of process), or any argument or defense that could be raised by the Trustee or SIPC in response thereto; and (c) be deemed or construed as the submission of a motion to dismiss under Fed. R. Civ. P. 12 or Fed. R. Bankr. P. 7012; 13.) Nothing in this Order shall constitute an agreement or consent by any Standing and SLUSA Withdrawal 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. 14. 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 Standing and SLUSA Issues) 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; 15.) The procedures established by this Order shall constitute the sole and exclusive procedures for determination of the Withdrawn Standing and SLUSA Issues in the Adversary Proceedings, 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 Standing and SLUSA Issues in any of the Adversary Proceedings, this Order supersedes all such schedules solely with respect to the Withdrawn Standing and SLUSA Issues. To the extent that briefing or argument schedules are prospectively established with respect to motions to withdraw the reference or motions to dismiss in any of the Adversary Proceedings, the Withdrawn Standing and SLUSA Issues shall be excluded from such briefing or argument. Except as stated in this paragraph, this Order shall not be deemed or construed to modify, withdraw or reverse any prior Order of the Court that granted withdrawal of the reference in any Adversary Proceeding for any reason. ( Oral Argument set for 10/15/2012 at 04:00 PM before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 5/15/2012) (laq)
May 17, 2012 Filing 113 NOTICE OF APPEARANCE by Daniel Solomon Holzman on behalf of Kingate Euro Fund, Ltd., Kingate Global Fund, Ltd. (Holzman, Daniel)
May 17, 2012 Filing 112 NOTICE OF APPEARANCE by Robert Scott Loigman on behalf of Kingate Euro Fund, Ltd., Kingate Global Fund, Ltd. (Loigman, Robert)
May 17, 2012 Filing 111 NOTICE OF APPEARANCE by Susheel Kirpalani on behalf of Kingate Euro Fund, Ltd., Kingate Global Fund, Ltd. (Kirpalani, Susheel)
May 17, 2012 Filing 110 NOTICE OF APPEARANCE by Xochitl S. Strohbehn on behalf of Kingate Euro Fund, Ltd., Kingate Global Fund, Ltd. (Strohbehn, Xochitl)
May 17, 2012 Filing 108 NOTICE OF APPEARANCE (Kriss, Bethany)
May 16, 2012 Opinion or Order Filing 119 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 4:00p.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 tothe Motion to Dismiss be identified or filed is deemed waived and satisfied. (Signed by Judge Jed S. Rakoff on 5/15/2012) (tro)
May 16, 2012 Opinion or Order Filing 118 ORDER: The motions to withdraw the reference in the Adversary Proceedings identified on Exhibit A hereto are governed by the Consolidated Briefing Order and shall be resolved through the common briefing ordered therein. Any individual briefing schedules previously established with respect to motions to withdraw the reference pending in the Adversary Proceedings are hereby vacated. The resolution of the Consolidated Briefing Issues shall govern the motions to withdraw the reference pending in the Adversary Proceedings and no further action is required with respect to such motions. (Signed by Judge Jed S. Rakoff on 5/15/2012) (pl)
May 16, 2012 Set/Reset Hearings: Oral Argument set for 10/30/2012 at 04:00 PM before Judge Jed S. Rakoff. (tro)
May 16, 2012 Opinion or Order Filing 109 CONSENT ORDER GRANTING CERTIFICATION PURSUANT TO FED. R. CIV. P. 54(b) FOR ENTRY OF FINAL JUDGMENT DISMISSING CERTAIN CLAIMS AND ACTIONS: THE COURT THEREFORE FINDS, CONCLUDES AND ORDERS AS FOLLOWS: 1. The reference is deemed withdrawn from the Bankruptcy Court in each of the Eligible Actions for the limited purpose of deciding whether Section 546(e) of the Bankruptcy Code applies, limiting the Trustee's ability to avoid transfers. Certain Reservations of Rights: 2. The Trustee and SIPC shall be deemed to have preserved all arguments with respect to the application of Section 546(e) to the Trustee's claims in the Withdrawn 546(e) Actions and the Eligible Actions. The defendants in the Withdrawn 546(e) Actions shall be deemed to have preserved and made all arguments relating to the application and effect of Section 546(e) of the Bankruptcy Code that were raised in the motions to dismiss in the Decided Actions. 3. All objections and arguments that could be raised by the Trustee and/or SIPC to any motion to withdraw the reference, and all defenses and responses that could be raised in opposition to the Trustee and/or SIPC's objections and arguments, are preserved. Rule 54(b) Certification and Interlocutory Appeal: 4. The entry of final judgment dismissing the Dismissed Claims ("Rule 54(b) Judgment") in the Decided Actions, the Withdrawn 546( e) Actions and the Eligible Actions pursuant to Fed. R. Civ. P. 54(b) is appropriate. To permit entry of final judgment under Fed. R. Civ. P. 54(b), there must be multiple claims or multiple parties, at least one claim finally decided within the meaning of 28 U.S.C. 1291, and an express determination that there is no just reason for delay. In re AirCrash at Belle Harbor, N.Y., 490 F.3d 99, 108-09 (2d Cir. 2007). 5. The complaints or amended complaints, as the case may be, filed in the Decided Actions, the Withdrawn 546( e) Actions and the Eligible Actions allege multiple claims. The complaints and amended complaints in those actions assert, among others, claims that seek avoidance of actual fraudulent transfers under Section 548(a)(1 )(A) of the Bankruptcy Code, avoidance of constructive fraudulent transfers pursuant to Section 548( a)(l )(B) of the Bankruptcy Code, avoidance of actual or constructive fraudulent conveyances pursuant to state avoidance statutes incorporated through Section 544 of the Bankruptcy Code and, in some instances, avoidance of preferences pursuant to Section 547 of the Bankruptcy Code. In addition, many of the complaints and amended complaints filed by the Trustee name multiple defendants. 6. The Rule 54(b) Judgment to be entered will finally decide and ultimately dispose of at least one claim and, in many instances, multiple claims, asserted by the Trustee in each of the Decided Actions and the Withdrawn 546(e) Actions and, to the extent that they do not opt- out of the Rule 54(b) Judgment pursuant to this Order, the Eligible Actions. See Curtiss-Wright Corp. v. General Elec. Co., 446 U.S. 1 (1980). By reason of the Court's determination that Section 546( e) applies to the Dismissed Claims, any counts in each complaint or amended complaint that seeks avoidance of constructive fraudulent transfers pursuant to Section 548(a)(1)(B) of the Bankruptcy Code, avoidance of actual or constructive fraudulent conveyances pursuant to state avoidance statutes incorporated through Section 544 of the Bankruptcy Code, and/or avoidance of preferences pursuant to Section 547 of the Bankruptcy Code, are finally determined and dismissed against the Trustee. The Trustee's remaining claims are limited only to those that are proceeding under Sections 548(a)(l)(A) and 550(a) of the Bankruptcy Code ("Remaining Claims"), and such claims would not be dismissed by reason of a judgment dismissing the Dismissed Claims. The Dismissed Claims and the Remaining Claims are separable, see Cullen v. Margiotta, 811 F.2d 698, 711 (2d Cir. 1987), and because of the application of Section 546( e) the Remaining Claims by the Trustee can be decided independently of the Dismissed Claims. See Ginett v. Computer Task Group, 962 F.2d 1085, 1094 (2d Cir. 1992). 7. There is no just reason for delay in the entry of final judgment dismissing the Dismissed Claims. In light of the number of adversary proceedings, claims and defendants affected by dismissal of the Dismissed Claims pursuant to the Order, the interests of sound judicial administration and the realization of judicial efficiencies are served by the entry of such final judgment and the opportunity for an immediate appeal. See Advanced Magnetics, Inc. v. Bayfront Partners, Inc., 106 F.3d 11, 16 (2d Cir. 1997) (entry of judgment on certain claims pursuant to Rule 54(b) avoids potentially expensive and duplicative trials). 8. Because the Rule 54(b) Judgment and the dismissal of the Dismissed Claims affect hundreds of adversary proceedings commenced by the Trustee and hundreds of defendants named in those complaints or amended complaints, an immediate appeal would avoid protracted, expensive and potentially duplicative litigation proceedings, and will facilitate the prompt resolution of the case, thereby providing certainty and helping to streamline the litigation for further proceedings and possible appeals. E.g., Consolidated Edison, Inc. v. Northeast Util., 318 F. Supp. 2d 181, 196-97 (S.D.N.Y. 2004); Kramer v. Lockwood Pension Servs., Inc., 653 F. Supp. 2d 354, 397-98 (S.D.N.Y. 2009) (interlocutory appeal appropriate to consider a case of unusual significance "going well beyond run-of-the-mill concerns of parties"); Brown v. Bullock, 294 F.2d 415,417 (2d Cir. 1961) (Friendly, J.) (interlocutory appeal appropriate where the "determination was likely to have precedential value for a large number of other suits" pending in the District Court). Procedures Relating to the Consolidated Entry of Judgment and the Commencement of An Appeal: 9. The Eligible Actions, Withdrawn 546( e) Actions, and Decided Actions are consolidated under the action captioned Picard v. Ida Fishman Revocable Trust, No. ll-cv-7603 (JSR) (S.D.N.Y.) (the "Fishman Action"), but solely with respect to and for the purposes of entry of judgment on the Dismissed Claims, and not with respect to the Trustee's claims proceeding under Sections 548(a)(1 )(A) and 550(a) of the Bankruptcy Code. The Court will administer the consolidated proceedings under the following caption that is set forth in this Order. 10. A single Rule 54(b) judgment shall be entered in the Fishman Action, which (subject to the opt-out procedures set out below) shall govern all of the Decided Actions, the Withdrawn 546(e) Actions and the Eligible Actions. The Rule 54(b) judgment shall be entered only in the Fishman Action. 11. Counsel for the Trustee, SIPC and the lead counsel in the Decided Actions and the Withdrawn 546(e) Actions shall submit an agreed form of the proposed Rule 54(b) Judgment not later than May 21, 2012. If the parties cannot agree on the form of such judgment, each of the Trustee and SIPC, on one hand, and the group of lead counsel for the Decided Actions and the Withdrawn 546(e) Actions, on the other hand, may submit a proposed form of judgment and the Court will consider and determine the form of Rule 54(b) Judgment to be entered. 12. Any appeal from the Rule 54(b) Judgment that the Trustee and/or SIPC may be entitled to file will be taken only from the judgment entered in the Fishman Action. Subject to the opt-out procedures below, the Rule 54(b) Judgment and the Trustee's notice of appeal shall be deemed entered in all of the Eligible Actions, the Decided Actions and the Withdrawn 546(e) Actions, without further notice or action. Notwithstanding the foregoing, the Trustee and SIPC shall not be prevented from filing additional separate notices of appeal in any of the Decided Actions, the Withdrawn 546(e) Actions or the Eligible Actions if the Trustee and SIPC determine the need to do so to preserve the right to appeal. There will be no right of cross-appeal as to any of the Rule 54(b) judgments entered in the Fishman Action or in any other action in which the Trustee determines to file a notice of appeal, so as to limit the number and scope of appellate proceedings. 13. Neither the Trustee nor SIPC shall tile any notice of appeal until the expiration of the opt-out period set forth in Paragraph 14 below. 14. Any defendant in an Eligible Action or a Withdrawn 546(e) Action shall be entitled to opt-out of the procedures established by this Order and to continue to litigate issues related to Section 546( e) in this Court pursuant to a common briefing schedule and procedure to be separately implemented by the Court. The defendant may opt-out by notifying the Trustee in writing that such defendant does not consent to the entry of a Rule 54(b) Judgment. To be effective and binding, such written election must be received by the Trustee and filed with the District Court in the docket of the Fishman Action not later than fourteen (14) days after the date of entry of this Order. For all other purposes, common briefing on Section 546(e) issues will proceed before the District Court pursuant to a separate order of the Court. The defendants in Eligible Actions and Withdrawn 546(e) Actions that do not elect to opt-out under this paragraph shall be deemed to have preserved and made all arguments relating to the application and effect of Section 546( e) of the Bankruptcy Code that were raised in the motions to dismiss in the Decided Actions. (Signed by Judge Jed S. Rakoff on 5/12/2012) (pl)
May 16, 2012 Opinion or Order Filing 107 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 (Signed by Judge Jed S. Rakoff on 5/12/2012) (js)
May 16, 2012 Filing 106 NOTICE OF APPEARANCE by Mickee M. Hennessy on behalf of DOS BFS FAMILY PARTNERSHIP II, L.P., DONALD AND BETTE STEIN FAMILY TRUST, DONALD O. STEIN, WILLIAM STEIN, JAMIE STEIN WALKER, and BARBARA STEIN JAFFE (Hennessy, Mickee)
May 16, 2012 Filing 105 NOTICE OF APPEARANCE by Jeffrey Alan Miller on behalf of Morton Kurzrok (Miller, Jeffrey)
May 16, 2012 Filing 104 NOTICE OF APPEARANCE by Jack S. Hoffinger on behalf of Cyril Jalon, The Estate of Elena Jalon, The Joint Tenancy of Phyllis Guenzburger and Fabian Guenzburger, The Joint Tenancy of Robert Pinchou and Fabian Guenzburger (Hoffinger, Jack)
May 16, 2012 Filing 103 NOTICE OF APPEARANCE by Fran R. Hoffinger on behalf of The Joint Tenancy of Phyllis Guenzburger and Fabian Guenzburger, The Joint Tenancy of Robert Pinchou and Fabian Guenzburger (Hoffinger, Fran)
May 16, 2012 Filing 102 NOTICE OF APPEARANCE by Fran R. Hoffinger on behalf of Cyril Jalon, The Estate of Elena Jalon (Hoffinger, Fran)
May 15, 2012 Opinion or Order Filing 101 SUPPLEMENTAL OPINION AND ORDER # 101767. On April 30, 2012 the Court entered an Order (ECF No. 57) dismissing certain claims of the Trustee in the above actions except those proceeding under Sections 548(a)(1)(A) and 550(a) of the Bankruptcy Code. On May 1, 2012, the Court entered an Opinion and Order (ECF No. 72) explaining the reasons for its decision. The Court now supplements the Opinion and Order to make explicit that Section 546(e) of the Bankruptcy Code applies to the Trustee's claims in the above actions for avoidance and recovery of preferences under Section 547 of the Bankruptcy Code. The supplemental list of cases attached As Appendix A to the Opinion and Order inadvertently omitted Picard v. Marital Trust Under Article X of the Charles D. Kelman Revocable Trust, which was consolidated by Order of the Court dated January 25, 2012 under Picard v. Hein, 11 Civ. 4936. Appendix A is hereby amended, nunc pro tunc, to include that action as well. (Do not terminate motions as per Chambers). (Signed by Judge Jed S. Rakoff on 5/15/2012) (rjm) Modified on 5/23/2012 (ft).
May 15, 2012 Filing 100 NOTICE OF APPEARANCE by Richard E Signorelli on behalf of Richard M. Glantz, Elaine Ostrin, Jerald Ostrin, The Thelma Glantz Living Trust, The Estate of Thelma Glantz, The Jerald Ostrin Trust, Scott Ostrin, The Richard M. Glantz 1991 Living Trust, The Edward R. Glantz Living Trust, The Estate of Edward R. Glantz, The Scott Ostrin Trust, The Glantz-Ostrin Trust I, The Glantz-Ostrin Trust II, Roberta Cohen, Taj Inayat, Zia Inayat Khan, Austin Bosarge, Grace & Company, EJS, Jelris & Associates, L.P., The Glantz Family Foundation, Merlin & Associates, Ltd., Enhancement Group, Lakeview Investment, LP, Vista Management Co., Buckmaster Farms, L.P., Macher Family Partnership, Joel Yanowitz, Jerry Yanowitz, Amy Metzenbaum, Kenneth Macher, Blanchefleur Macher, Kenneth Kreger, Denise M. Angeja, Stephen H. Stern, Cynthia A. Delles, Cheryl K. Tomchin, The Lustig Family 1990 Trust, David I. Lustig, Ostrin Family Partnership, Fern Creek Limited Partnership, Vista Management Company, David Ivan Lustig (Signorelli, Richard)
May 15, 2012 Opinion or Order Filing 99 ORDER. IT IS HEREBY ORDERED AS FOLLOWS: 1. The reference of the Adversary Proceedings is withdrawn from the Bankruptcy Court solely with respect to the IRA Withdrawal Defendants, in part, to this Court for the limited purpose of deciding whether provisions of the Internal Revenue Code that tax undistributed portions of IRAs prevent the Trustee from avoiding IRA distributions that would otherwise be taxed, however those claims may be advanced in the Adversary Proceedings (the "Withdrawn IRA Issue"). Except as otherwise provided herein or in other orders of this Court, the reference to the Bankruptcy Court is otherwise maintained for all other purposes. 2. The Trustee and SIPC are deemed to have raised, in response to all pending motions for withdrawal of the reference based on the Withdrawn IRA Issue, all arguments previously raised by either or both of them in opposition to all such motions granted by the Prior IRA Withdrawal Ruling, and such objections or arguments are deemed to be overruled, solely with respect to the Withdrawn IRA Issue, for the reasons stated in the Prior IRA Withdrawal Ruling. 3. 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 IRA 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. 4. Each of the IRA Defendants is deemed to have filed a motion to dismiss under Fed. R. Civ. P. 12(b)(6) (made applicable to the Adversary Proceedings by Fed. R. Bankr. P. 7012(b)) based on the Withdrawn IRA Issue and such ensuing motions to dismiss are deemed denied for the reasons and grounds stated in the Greiff Opinion and Order. 5. The Trustee and SIPC are deemed to have raised, in response to the deemed-filed motions to dismiss by each of the IRA Defendants based on the Withdrawn IRA Issue, all arguments previously raised by either or both of them in opposition to all such motions to dismiss denied by the Greiff Opinion and Order, and such objections or arguments are deemed to be granted, solely with respect to the Withdrawn IRA Issue, for the reasons stated in the Greiff Opinion and Order. Nothing in this Order changes the ruling of the Court as stated in the Greiff Opinion and Order. (Signed by Judge Jed S. Rakoff on 5/12/2012) (rjm)
May 15, 2012 Filing 98 NOTICE OF APPEARANCE by Andrew David Waggaman Cattell on behalf of Lourdes Barreneche, Chester Management Cayman Limited, Fairfield Greenwich (Bermuda) Limited, Fairfield Greenwich (UK) Limited, Fairfield Greenwich Advisors LLC, Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Fairfield International Managers, Inc., Harold Greisman, Jacqueline Harary, Richard Landsberger, Daniel Lipton, Gordon Mackenzie, Mark McKeefrey, Charles Murphy, Corina Noel Piedrahita, Santiago Reyes, Andrew Smith, Philip Toub (Cattell, Andrew)
May 15, 2012 Opinion or Order Filing 97 ORDER. For the foregoing reasons, the Court withdraws the reference of these cases to the bankruptcy court for the limited purposes of deciding as further set forth. The Court directs counsel for the Trustee to convene a conference call with the defendants who have raised this issue no later than May 23, 2012 so that the parties can schedule consolidated proceedings. With respect to issues that are not subject to consolidated proceedings -- specifically, whether relevant defendants received transfers in good faith and whether they may invoke the safe harbor created by 546(g) -- the parties should convene a separate conference call for each case no later than May 18, 2011 to schedule further proceedings. The Clerk of the Court is hereby ordered to close document number 1 on the docket of each case. (Signed by Judge Jed S. Rakoff on 6/15/2012) (rjm) Modified on 5/15/2012 (rjm).
May 15, 2012 Set/Reset Hearings: Oral Argument set for 8/20/2012 at 04:00 PM before Judge Jed S. Rakoff. (ft)
May 15, 2012 Set/Reset Deadlines: Motions due by 6/25/2012. Responses due by 7/25/2012. Replies due by 8/8/2012. (ft)
May 14, 2012 Filing 96 NOTICE OF APPEARANCE by Elise Scherr Frejka on behalf of Ambassador Shoe Corporation; Fred A. Daibes Madoff Securities Trust; Arthur M. Siskind; Lillian Berman Goldfarb; Estate of Helene Abraham, Estate of Alexander Abraham, Nancy Abraham, James Abraham, Trust Under Clause Third (B) F/B/O Myron Wilk, Antonia Abraham, Karen Abraham, Lauren Abraham Mahoney, Trust U/A Dated 4/2/1996 F/B/O Karen Abraham, Trust U/A Dated 4/2/1996 F/B/O Antonia Abraham, Trust U/A Dated 4/2/1996 F/B/O Lauren Abraham; Richard A. Broms Revocable Trust, Richard A. Broms; Carol Nelson, Stanley Nelson; Lyle Berman, Lyle A. Berman Revocable Trust U/A DTD 6/18/04; Estate of Robert Rimsky, Rimsky Family Limited Partnership, L. Rimsky Inc., Article Third Trust U/W Jeanne Rimsky, Article Fourth Trust Section One, Article Fourth Trust Section Three, Article Fifth Trust Section One, Douglas Jay Rimsky, Rena Rimsky Wing, Lee Cooper Rimsky, Don Harris Rimsky, Renee Rimsky, Margaret Rimsky, Sarah Rimsky Levitin, Kenneth Wing, Gabrielle Jaffe, Adam Beer, Jonathan Wing, Juliette Beer, Barry Meyers, Harriet L. Meyers, Eric Rimsky, Liza Rimsky, Kate Rimsky, K.A.L., A.R.L., J.L.W., T. Randolph Harris, Sheldon Silverberg; Robert A. Meister; Theresa Berman Revocable Trust, Theresa Berman, Lyle Berman, Sharon Berman Snyder; The Olesky Survivors Trust dated 2/27/84, Cynthia Olesky Giammarrusco; Malcolm Sherman; Agas Company L.P., Fred Schwartz, Allyne Schwartz, Ann J. Schwartz Kluger, Steven Schwartz, Amy Madlyn Schwartz, Gary Paul Schwartz; AHT Partners, LP, AHT Associates, LLC, Andrew H. Tananbaum; BWA Ambassador, Inc., Robert Siff, Shirley Siff; Bernard Greenman Marital Deduction Trust, Greenman Family Foundation, Inc., Phyllis Greenman, Lester Greenman, Judith Katz, Stewart Katz; Michael Goldstein; Indian Wells Partnership, LTD., Linda H. Kamm, Harvey R. Heller; Rubin Family Investments Partnership, Harold Rubin Living Trust U/A dated August 24, 1990, Harold R. Rubin, Elaine Rubin Living Trust U/A dated August 24, 1990, Elaine S. Rubin, Stuart A. Rubin, Benjamin H. Rubin, Carol J. Rubin, Lisa P. Rubin, Linda S. Benenson, Dona L. Rodich, Paul A. Benenson, Michael E. Rodich; Geoffrey S. Rehnert; Neil S. Goldman; Karen Siff Exkorn; Collingwood Group, Richard Forman, Joan Forman; Shirley S. Siff Trust 1989 DTD 12/20/89, Robert M. Siff, Shirley S. Siff; Marc B. Wolpow 1995 Family Trust, Barry S. Volpert, R. Bradford Malt, Marc B. Wolpow, Nina Wolpow, Audax Group LP, Audax Management Co. LLC, 101 Huntington Holdings LLC, Marc B. Wolpow, Geoffrey S. Rehnert, Richard T. Joseph; Carol Nelson; Gordon Associates, Bruce Gordon; Robert M. Siff; Robert Rosenfield; Lawrence A. Siff; Kay Morrissey; Ludmilla Goldberg; Ninth Street Partners, Ltd. f/k/a Heller Bros. Partnership, LTD., SHL, Inc.; James Morrissey; Branch Family Development, LLC, Adam Steiner, Charles Steiner, Bryan Steiner; Mathew and Evelyn Broms Investment Partnership, Mathew Broms Revocable Trust, Evelyn Broms, Richard Broms, Irrevocable Trust for the Benefit of Alison Sarah Broms dtd 11/7/1984, John Doe; Carol Lederman; Lucerne Foundation, Douglas J. Rimsky; Estate of James Heller, Barbara H. Freitag, Steven P. Heller, Harry H. Falk, Eve Freitag, Elizabeth Freitag Dranoff, Trust F/B/O An.D. [a minor] under Articles Sixth and Eighth of the Last Will and Testament of James Heller, a New York trust, Trust F/B/O A1.D. [a minor] under Articles Sixth and Eighth of the Last Will and Testament of James Heller, a New York trust, Trust F/B/O S.H. [a minor] under Articles Sixth and Eighth of the Last Will and Testament of James Heller, a New York trust, Trust F/B/O Katherine Heller under Articles Sixth and Eighth of the Last Will and Testament of James Heller, Katherine Heller, Eleanor Leacock; Love & Quiches LTD. 401(k) Savings Plan and Its Related Trust, Susan Axelrod, Irwin Axelrod; D. Stone Industries, Inc. Profit Sharing Plan, Daniel Stone, Michael Stone, Susan Stone; The Lyle Berman Family Partnership, Neil I. Sell, Stanley Taube, Amy Berman Irrevocable Trust U/TA 8/9/89, Julie Berman Irrevocable Trust U/TA 8/9/89, Bradley Berman Irrevocable Trust U/TA 8/9/89, Jessie Lynn Berman Irrevocable Trust U/TA 8/9/89, Julie Berman, Bradley Berman, Jessie Lynn Berman, Amy Berman; Bertram Bromberg Trust UAD 5/26/06, Gloria Bromberg Trust UAD 5/26/06, Bertram Bromberg, Gloria Bromberg; Daniel Stone, Susan Jane Stone; Eugenia G. Vogel, Howard Vogel, Howard Vogel Retirement Plan; Harry Schick; Robert M. Siff; Lichter Family Partnership, Seymour Lichter, Betty G. Lichter; The Robert M. Siff Trust - 1990, Robert M. Siff, Shirley S. Siff; Joyce G. Moscoe, Donald S. Moscoe, Thomas Moscoe, Joyce G. Moscoe Revocable Trust Agreement, Estate of Elaine Cooper, Steven Mnuchin, Alan Mnuchin, Generation Skipping Transfer Trust FBO Alan Mnuchin, Generation Skipping Transfer Trust FBO Steven Mnuchin, Trust FBO Alan Mnuchin, Trust FBO Steven Mnuchin, Trust FBO E.M. Under Article 5C, Trust FBO D.M. Under Article 5C, Trust FBO J.M. Under Article 5C; Jeffrey H. Fisher Separate Property Revocable Trust, DTD 6/7/2007, Jeffrey Fisher, as grantor and as a trustee of the Jeffrey H. Fisher Separate Property Revocable Trust, DTD 6/7/2007, Louis Cohen, as a trustee of the Jeffrey H. Fisher Separate Property Revocable Trust, DTD 6/7/2007; Stuart M. Stein, Arthur Siskind, Arthur J. Feibus, Jamat Company, LLC, Mestro Company; RIP Investments, LP, Village Hook, LLC, Sidney Kimmel Revocable Trust Dated May 17, 2001, Sidney Kimmel; Estate of David A. Wingate, Shoshanna L. Wingate; Falcon Associates, L.P., Marc B. Fisher; The Trust U/W/O H. Thomas Langbert F/B/O Evelyn Langbert, Evelyn Langbert, Fred Dechowitz (deceased); 1096-1100 River Road Associates, LLC, Fred A. Daibes, LLC, Fred A. Daibes; James Heller Family, LLC, Estate of James Heller, Barbara H. Freitag, Steven P. Heller, Harry H. Falk, Steven P. Heller Revocable Trust, Robert P. Saltsman, Eve Freitag, Elizabeth Freitag Dranoff, Trust FBO AN.D. [a minor] under Articles Sixth and Eighth of the Last Will and Testament of James Heller, Trust FBO AL.D. [a minor] under Articles Sixth and Eighth of the Last Will and Testament of James Heller, Trust FBO S.H. [a minor] under Articles Sixth and Eighth of the Last Will and Testament of James Heller, Trust FBO Katherine Heller under Articles Sixth and Eighth of the Last Will and Testament of James Heller, Katherine Heller, Eleanor Leacock; Mark & Carol Enterprises, Inc., Mark T. Lederman (Deceased), Carol Lederman; CAJ Associates, L.P., Carol Lederman; Jewish Association for Services for the Aged (Frejka, Elise)
May 11, 2012 Filing 95 NOTICE OF APPEARANCE by William L. Prickett on behalf of RMGF LTD. Partnership, Regina Fisher, Michael Fisher, Francine Fishman, Gregory Fisher (Prickett, William)
May 10, 2012 Filing 94 JOINDER to join re: #78 Brief, Mistral (SPC) and Zephyros Limited's Joinder in the Consolidated Brief on Behalf of Stern Withdrawal Defendants Responding to Issues Raised by Order of the Court Entered on April 13, 2012. Document filed by Mistral (SPC), Zephyros Limited.(Sushon, William)
May 9, 2012 Filing 93 NOTICE OF APPEARANCE by Aaron Fong Jaroff on behalf of Citrus Investment Holdings Ltd. (Jaroff, Aaron)
May 9, 2012 Filing 92 NOTICE OF APPEARANCE by Kyle Louisa Wallace on behalf of Citrus Investment Holdings Ltd. (Wallace, Kyle)
May 9, 2012 Filing 91 NOTICE OF APPEARANCE by Robert Jay Rosenberg on behalf of Edward F. Calesa, Janice M. Calesa, Jeff E. Calesa, Calesa Associates L.P., Randi C. Crawford, Janice M. Calesa 1984 Trust, Jeff E. Calesa Trust 1989, Randi M. Calesa 1986 Trust (Rosenberg, Robert)
May 9, 2012 Filing 90 NOTICE OF APPEARANCE by Michael John Riela on behalf of Citrus Investment Holdings Ltd., Calesa Associates L.P., Edward F. Calesa, Janice M. Calesa 1984 Trust, Randi M. Calesa 1986 Trust, Jeff E. Calesa Trust 1989, Janice M. Calesa, Randi C. Crawford, Jeff E. Calesa (Riela, Michael)
May 9, 2012 Filing 89 NOTICE OF APPEARANCE by David John McLean on behalf of Citrus Investment Holdings Ltd. (McLean, David)
May 8, 2012 Filing 88 BRIEF Memorandum of Law of the Securities Investor Protection Corporation in Opposition to Defendants' Motions to Withdraw the Reference. Document filed by Securities Investor Protection Corporation. (Attachments: #1 Affidavit of Service)(Bell, Kevin)
May 8, 2012 Filing 87 NOTICE OF APPEARANCE by Robert Alan Abrams on behalf of Freda B. Epstein, Freda Epstein Revocable Trust, Jennifer Spring McPherson, S.H. & Helen R. Scheuer Family Foundation, Inc., richard Spring, The Jeanne T. Spring Trust, The Spring Family Trust (Abrams, Robert)
May 8, 2012 Filing 86 JOINDER to join re: #84 Memorandum of Law in Opposition to Defendants' Consolidated Motions to Withdraw the Reference. Document filed by Irving H. Picard.(Simon, Howard)
May 8, 2012 Filing 85 NOTICE OF APPEARANCE by Steven H Newman on behalf of richard Spring, The Spring Family Trust, The Jeanne T. Spring Trust, Freda Epstein Revocable Trust, Freda B. Epstein, Jennifer Spring McPherson, S.H. & Helen R. Scheuer Family Foundation, Inc. (Newman, Steven)
May 8, 2012 Filing 84 MEMORANDUM OF LAW in Opposition to Defendant's Consolidated Motions to Withdraw the Reference. Document filed by Irving H. Picard. (Warshavsky, Oren)
May 8, 2012 Filing 83 DECLARATION of Oren J. Warshavsky Pursuant to 28 U.S.C. 1746, in Support of Trustee's Memorandum of Law in Opposition to Defendant's Motions to Withdraw the Reference. Document filed by Irving H. Picard. (Attachments: #1 Exhibit 1 to the Declaration of Oren Warshavksy, #2 Exhibit 2 to the Declarationof Oren Warshavsky)(Warshavsky, Oren)
May 7, 2012 Filing 82 NOTICE OF APPEARANCE by Edward M. Spiro on behalf of Robert Blum (Spiro, Edward)
May 7, 2012 Filing 81 NOTICE OF APPEARANCE by Claudio Godinez RoumainOchoa on behalf of Robert Blum (RoumainOchoa, Claudio)
May 4, 2012 Filing 80 NOTICE OF APPEARANCE by Seth L. Rosenberg on behalf of 10 Michael Drive Associates, L.P., 125 Bethpage Associates, 45 South Service Road, LLC, 500 Bi-County Associates, L.P., ARC-BDG Setauket Enterprise, B-4 Partnership, BCC II, LLC, BDG 115 Broadhollow, L.P., BDG 125th Street, LLC, BDG Commack, LLC, BDG Construction Corp., BDG DWD Associates, LLC, BDG Daniel Street, LLC, BDG Deer Park Associates, LLC, BDG Kingsbridge, LLC, BDG Lake Grove I, LLC, BDG Larkfield Associates, LLC, BDG Piscataway, LLC, BDG Yaphank, LLC, BWI, Blumco Setauket, LLC, Blumenfeld Development Group, Ltd., Boxwood Realty Group, Brad Blumenfeld Charitable Lead Trust, Brad Blumenfeld Farmingdale Trust, Brad Blumenfeld, individually, and as Trustee, Bull Market Fund, Charleston Enterprises, LLC, Coblum Setauket, LLC, DWD Associates, LLC, Daniel Land Co. LLC, David Blumenfeld Farmingdale Trust, David Blumenfeld, individually, and as Trustee, Dogwood Realty Group, Double B Squared LLC, EDB Capital, LLC, Edward Blumenfeld Gerald Y Mordfin et al, Edward Blumenfeld and Susan Blumenfeld, Edward Blumenfeld and Susan Blumenfeld 2007 Charitable Lead Trust, Edward Blumenfeld et al, Edward Blumenfeld et al II, Edward Blumenfeld, individually, and as Trustee, Edward and Susan Blumenfeld Charitable Lead Trust, Gotham Plaza Associates, LLC, Harvey Cohen, individually, and as Trustee, LaGuardia Corporate Center Associates, L.P., LaGuardia Corporate Center Associates, LLC, Maxrob, L.P., Robert Nystrom, South Sea Holdings L.P., Susan Blumenfeld GST Trust, Susan Blumenfeld Interiors, Ltd., Susan Blumenfeld, individually, and as Trustee, The Brad Blumenfeld Family Foundation, The David Blumenfeld Family Trust, The Edward and Susan Blumenfeld Foundation, Trust f/b/o Brad Blumenfeld, Trust f/b/o David Blumenfeld, Trust f/b/o Susan Blumenfeld (Rosenberg, Seth)
May 4, 2012 Filing 79 NOTICE OF APPEARANCE by George Robert Hirsch on behalf of Jay Gaines & Co., Inc. Profit Sharing Plan, Jay Gaines, Jay Gaines In His Fiduciary Capacity As Trustee Of The Jay Gaines & Co. Profit Sharing Plan, Sherry Gaines, Sherry Gaines In Her Fiduciary Capacity As Trustee Of The Jay Gaines & Co. Profit Sharing Plan (Hirsch, George)
May 3, 2012 Filing 78 BRIEF re: #4 Order,,,,,,,,,, Consolidated Brief on Behalf of Stern Withdrawal Defendants Responding to Issues Raised by Order of the Court Entered on April 13, 2012. Document filed by Defendants' listed in Appendix A of the Court's April 13, 2012 Order.(Shally, Joanna)
May 3, 2012 Filing 77 NOTICE OF APPEARANCE by Marc E. Kasowitz on behalf of JRAG, LLC, Tesuji Partners, LLC, The 1995 Jack Parker Descendant Trust No. 1, Adam P. Glick, Harold Anfang, Daniel F. Lindley, John Reisman, Peri Arenas, Kim Dickstein, Jill Fischer, Tesuji Partners, LLC (Kasowitz, Marc)
May 3, 2012 Filing 76 NOTICE OF APPEARANCE by Virginia Iglesia on behalf of Bank Julius Baer & Co. Ltd. (Iglesia, Virginia)
May 2, 2012 Filing 75 NOTICE OF APPEARANCE by Alan M. Unger on behalf of KBC Investments Ltd. (Unger, Alan)
May 2, 2012 Filing 74 CERTIFICATE OF SERVICE. Document filed by Gregory Antoniazzi, Elena Elkin, Joshua Elkin, Alyssa Goldberg, Frederick Goldberg, Jeremy Goldberg, Meredith Goldberg, Pamela W. Goldberg, Joan Elkin Madison, Melvin B. Nessel 2006 Trust u/a/d 3/14/06, Melvin B. Nessel Revocable Trust, Gail Nessel, John Nessel, Northern Trust, N.A., Lorraine Lock Nosworthy, James Nosworthy, Paul Rampell, Susan Siegal, Amanda Goldberg Snyderman, The Estate of Sylvia W. Lock, The Melvin N. Lock Trust, The Sylvia W. Lock Declaration of Trust, Dated April 13, 1982. (Rosenzweig, David)
May 1, 2012 Opinion or Order Filing 73 CONSENT ORDER DEFERRING BRIEFING ON REMAINING ISSUE IN PENDING MOTION TO WITHDRAW THE REFERENCE: On consent of (i) the above-captioned defendants (collectively, "Defendants"),(ii) Irving H. Picard, as Trustee (the "Trustee") for the substantively consolidated liquidation proceedings of Bernard L. Madoff Investment Securities LLC under the Securities Investor Protection Act, and (iii) the Securities Investor Protection Corporation ("SIPC", together with the Defendants and the Trustee, the "Parties"), briefing with respect to whether a defendant's right to a jury trial provides a basis to withdraw the reference for cause pursuant to 28 U.S.C. 157(d), the only remaining legal issue raised by the pending Motion to Withdraw the Reference (the "Remaining Issue") which is not subsumed by the (i) Order, shall be deferred until after all of the issues articulated in the Common Briefing Orders have been fully adjudicated by a final order of this Court. The Parties shall advise this Court whether any further briefing with respect to the Remaining Issue is necessary to resolve the pending Motion to Withdraw the Reference in this action as soon as practicable after all of such issues stated in the Common Briefing Orders have been fully adjudicated by a final order of this Court. (Signed by Judge Jed S. Rakoff on 4/30/2012) (rdz)
May 1, 2012 Opinion or Order Filing 72 OPINION AND ORDER #101767: The Clerk of the Court is hereby directed to close the motions to dismiss in the four above-captioned cases and the eighty additional cases set forth in Appendix A so that all these cases may--except to the extent required by a subsequent motion to withdraw now be returned to the Bankruptcy Court for further proceedings consistent with this Opinion and Order. (Signed by Judge Jed S. Rakoff on 4/30/2012) (rdz) Modified on 5/8/2012 (ft).
May 1, 2012 Filing 71 NOTICE OF APPEARANCE by William John Barrett on behalf of Financiere Agache (Barrett, William)
May 1, 2012 Filing 70 NOTICE OF APPEARANCE by Kimberly Joan Robinson on behalf of Financiere Agache (Robinson, Kimberly)
May 1, 2012 Opinion or Order Filing 69 CONSENT ORDER DEFERRING BRIEFING ON REMAINING ISSUES IN PENDING MOTION TO WITHDRAW THE REFERENCE: On consent of (i) Anthony E Stefanelli and Mary Ann Stefanelli (collectively, "Defendants"), (ii) Irving H. Picard, as Trustee (the "Trustee") for the substantively consolidated liquidation proceedings of Bernard L Madoff Investment Securities LLC under the Securities Investor Protection Act, and (iii) the Securities Investor Protection Corporation ("SIPC", together with the Defendants and the Trustee, the "Parties"), briefing with respect to (a) whether a defendant's right to a jury trial or (b) judicial economy provides a basis to withdraw the reference for cause pursuant to 28 U.S.C. 157(d), the only remaining legal issues raised by the pending Motions to Withdraw the Reference filed in the above-captioned actions (the "Remaining Issues") which are not subsumed by the (i) Order, In re: Madoff Securities, No. 12-MC-00115 (JSR) (S.D.N.Y. April 13, 2012) (ECF No.4) (the "Stem Order") and (ii) Order, In re: Madoff Securities, No. 12-MC-00115 (JSR) (S.D.N.Y. April 19, 2012) (ECF No. 22) (together with the Stern Order, the "Common Briefing Orders") shall be deferred until after all of the issues articulated in the Common Briefing Orders have been fully adjudicated by a final order of this Court. The Parties shall advise this Court whether any further briefing with respect to the Remaining Issues is necessary to resolve the pending Motions to Withdraw the Reference in these actions as soon as practicable after all of such issues stated in the Common Briefing Orders have been fully adjudicated by a final order of this Court. (Signed by Judge Jed S. Rakoff on 4/30/2012) (mro)
May 1, 2012 Filing 68 NOTICE OF APPEARANCE by Andrew Howard Sherman on behalf of Mark Chais, Miri Chais, Wrenn Chais, William Chais, Michael Chasalow, Emily Chasalow, Unicycle Trading Company, Unicycle Corporation, Unicycle Corporation Money Purchase Plan, Emily Chais Trust No. 2, Emily Chais Trust No. 3, Emily Chais 1983 Trust, Emily Chais Issue Trust No. 1, Emily Chais Issue Trust No. II, Benjamin Paul Chasalow Transferee Trust No. 1, Benjamin Paul Chasalow 1999 Trust, Rachel Allison Chasalow Transferee Trust No. 1, Rachel Allison Chasalow 1999 Trust, Justin Robert Chasalow Transferee Trust No. 1, Justin Robert Chasalow 1999 Trust, Onondaga, Inc. Defined Benefit Pension Plan, Onondaga, Inc. Money Purchase Plan, William Frederick Chais Trust No. 2, William Frederick Chais Trust No. 3, William Frederick Chais 1983 Trust, William Frederick Chais Issue Trust No. I, William Frederick Chais Issue Trust No. II, Madeline Chais Transferee Trust No. I, Madeline Celia Chais 1992 Trust, Chloe Frances Chais Transferee Trust No. I, Chloe Frances Chais 1994 Trust, Jonathan Chais Transferee Trust No. I, Jonathan Wolf Chais 1996 Trust, Mark Hugh Chais Trust No. 2, Mark Hugh Chais Trust No. 3, Mark Hugh Chais 1983 Trust, Mark Hugh Chais Issue Trust No. I, Mark Hugh Chais Issue Trust No. II, Tali Chais Transferee Trust No. I, Tali Chais 1997 Trust, Ari Chais Transferee Trust No. I, Ari Chais 1999 Trust, 1994 Trust for the Children of Stanley and Pamela Chais, 1996 Trust for the Children of Stanley and Pamela Chais, William & Wren Chais 1994 Family Trust, 1999 Trust for the Grandchildren of Stanley and Pamela Chais, Chais Investments, Ltd., Onondaga, Inc., Chais Management, Ltd., Chais Management, Inc., Chais Venture Holdings (Sherman, Andrew)
May 1, 2012 Opinion or Order Filing 67 CONSENT ORDER DEFERRING BRIEFING ON REMAINING ISSUE IN PENDING MOTION TO WITHDRAW THE REFERENCE: On consent of (i) the above-captioned defendants (collectively, "Defendants"), (ii) Irving H. Picard, as Trustee (the "Trustee") for the substantively consolidated liquidation proceedings of Bernard L. Madoff Investment Securities LLC under the Securities Investor Protection Act, and (iii) the Securities Investor Protection Corporation ("SIPC", together with the Defendants and the Trustee, the "Parties"), briefing with respect to whether a defendant's right to a jury trial provides a basis to withdraw the reference for cause pursuant to 28 U.S.C. 157(d), the only remaining legal issue raised by the pending Motion to Withdraw the Reference (the "Remaining Issue") which is not subsumed by the (i) Order, In re: Madoff Securities, No. 12-MC-00115 (JSR) (S.D.N.Y. April 13, 2012) (ECF No.4) (the "Stern Order") and (ii) Order, In re: Madoff Securities, No. 12-MC-00115 (JSR) (S.D.N.Y. April 19, 2012) (ECF No. 22) (together with the Stern Order, the "Common Briefing Orders") shall be deferred until after all of the issues articulated in the Common Briefing Orders have been fully adjudicated by a final order of this Court. The Parties shall advise this Court whether any further briefing with respect to the Remaining Issue is necessary to resolve the pending Motion to Withdraw the Reference in this action as soon as practicable after all of such issues stated in the Common Briefing Orders have been fully adjudicated by a final order of this Court. (Signed by Judge Jed S. Rakoff on 4/30/2012) (mro)
May 1, 2012 Filing 66 NOTICE OF APPEARANCE by Carlos J. Canino on behalf of Isaac Jimmy Mayer (Canino, Carlos)
May 1, 2012 Filing 65 NOTICE OF APPEARANCE by Harold D. Moorefield, Jr on behalf of Isaac Jimmy Mayer (Moorefield, Harold)
May 1, 2012 Filing 64 NOTICE OF APPEARANCE by Eugene E. Stearns on behalf of Isaac Jimmy Mayer (Stearns, Eugene)
May 1, 2012 Filing 63 BRIEF Consolidated Reply Memorandum of Law Regarding Defendants' Motions for Withdrawal of the Reference. Document filed by Frederick Goldberg, The Melvin N. Lock Trust, The Sylvia W. Lock Declaration of Trust, Dated April 13, 1982, The Estate of Sylvia W. Lock, Northern Trust, N.A., Lorraine Lock Nosworthy, Amanda Goldberg Snyderman, Jeremy Goldberg, Elena Elkin, Joshua Elkin, Alyssa Goldberg, Meredith Goldberg, Joan Elkin Madison, Susan Siegal, Pamela W. Goldberg, James Nosworthy, John Nessel, Melvin B. Nessel 2006 Trust u/a/d 3/14/06, Melvin B. Nessel Revocable Trust, Paul Rampell, Gail Nessel, Gregory Antoniazzi.(Rosenzweig, David)
April 30, 2012 Filing 62 NOTICE OF APPEARANCE by Kenneth Alan Hicks on behalf of Maurice Harvey Rubin, M. Harvey Rubin Trust of 11/11/92 (Hicks, Kenneth)
April 30, 2012 Filing 61 NOTICE OF APPEARANCE by Sara Ann Ricciardi on behalf of Lourdes Barreneche, Chester Management Cayman Limited, Fairfield Greenwich (Bermuda) Limited, Fairfield Greenwich (UK) Limited, Fairfield Greenwich Advisors LLC, Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Fairfield International Managers, Inc., Harold Greisman, Jacqueline Harary, Richard Landsberger, Daniel Lipton, Gordon Mackenzie, Mark McKeefrey, Charles Murphy, Corina Noel Piedrahita, Santiago Reyes, Andrew Smith, Philip Toub (Ricciardi, Sara)
April 30, 2012 Filing 60 NOTICE OF APPEARANCE by Mark Geoffrey Cunha on behalf of Lourdes Barreneche, Chester Management Cayman Limited, Fairfield Greenwich (Bermuda) Limited, Fairfield Greenwich (UK) Limited, Fairfield Greenwich Advisors LLC, Fairfield Greenwich Limited, Fairfield Heathcliff Capital LLC, Fairfield International Managers, Inc., Harold Greisman, Jacqueline Harary, Richard Landsberger, Daniel Lipton, Gordon Mackenzie, Mark McKeefrey, Charles Murphy, Corina Noel Piedrahita, Santiago Reyes, Andrew Smith, Philip Toub (Cunha, Mark)
April 30, 2012 Filing 59 NOTICE OF APPEARANCE by Joshua S. Androphy on behalf of Estate of Kay Frankel, Charitable Remainder Trust F/B/O Vivien Svigals, Daniel Schneider, Visiting Nurse Service of New York, Marvin L. Olshan (Androphy, Joshua)
April 30, 2012 Filing 58 NOTICE OF APPEARANCE by Peter Eric Kazanoff on behalf of Fairfield Greenwich Limited, Fairfield Greenwich (Bermuda) Limited, Fairfield Greenwich Advisors LLC, Fairfield Heathcliff Capital LLC, Fairfield International Managers, Inc., Fairfield Greenwich (UK) Limited, Chester Management Cayman Limited, Mark McKeefrey, Daniel Lipton, Gordon Mackenzie, Richard Landsberger, Philip Toub, Charles Murphy, Andrew Smith, Harold Greisman, Lourdes Barreneche, Santiago Reyes, Jacqueline Harary, Corina Noel Piedrahita (Kazanoff, Peter)
April 30, 2012 Opinion or Order Filing 57 ORDER. In each of the cases listed above, the Court dismisses all of the Trustee's claims except those proceeding under 548(a)(1)(A) and 550(a). While the Court had hoped to issue an opinion explaining the reasons for its decision today, that opinion will not be ready until Monday, April 30, 2012. Any party wishing to amend any related briefing schedule in light of this delay should, jointly with its adversary, call Chambers on Tuesday, May 1, 2012 to make the request. (Signed by Judge Jed S. Rakoff on 4/27/2012) (rjm) Modified on 4/30/2012 (rjm).
April 30, 2012 Filing 55 NOTICE OF APPEARANCE by William P Weintraub on behalf of Robert Nystrom, Jeffrey Hinte, 10 Michael Drive Associates, L.P., 125 Bethpage Associates, 45 South Service Road, LLC, 500 Bi-County Associates, L.P., ARC-BDG Setauket Enterprise, B-4 Partnership, BCC II, LLC, BDG 115 Broadhollow, L.P., BDG 125th Street, LLC, BDG Commack, LLC, BDG Construction Corp., BDG DWD Associates, LLC, BDG Daniel Street, LLC, BDG Deer Park Associates, LLC, BDG Kingsbridge, LLC, BDG Lake Grove I, LLC, BDG Larkfield Associates, LLC, BDG Piscataway, LLC, BDG Yaphank, LLC, BWI, Blumco Setauket, LLC, Blumenfeld Development Group, Ltd., Boxwood Realty Group, Brad Blumenfeld Charitable Lead Trust, Brad Blumenfeld Farmingdale Trust, Brad Blumenfeld, individually, and as Trustee, Bull Market Fund, Charleston Enterprises, LLC, Coblum Setauket, LLC, DWD Associates, LLC, Daniel Land Co. LLC, David Blumenfeld Farmingdale Trust, David Blumenfeld, individually, and as Trustee, Dogwood Realty Group, Double B Squared LLC, EDB Capital, LLC, Edward Blumenfeld Gerald Y Mordfin et al, Edward Blumenfeld and Susan Blumenfeld 2007 Charitable Lead Trust, Edward Blumenfeld and Susan Blumenfeld, Edward Blumenfeld et al, Edward Blumenfeld et al II, Edward Blumenfeld, individually, and as Trustee, Edward and Susan Blumenfeld Charitable Lead Trust, Gotham Plaza Associates, LLC, Harvey Cohen, individually, and as Trustee, LaGuardia Corporate Center Associates, L.P., LaGuardia Corporate Center Associates, LLC, Maxrob, L.P., South Sea Holdings L.P., Susan Blumenfeld GST Trust, Susan Blumenfeld Interiors, Ltd., Susan Blumenfeld, individually, and as Trustee, The Brad Blumenfeld Family Foundation, The David Blumenfeld Family Trust, The Edward and Susan Blumenfeld Foundation, Trust f/b/o Brad Blumenfeld, Trust f/b/o David Blumenfeld, Trust f/b/o Susan Blumenfeld (Weintraub, William)
April 27, 2012 Filing 54 NOTICE OF APPEARANCE by David J. Mark on behalf of Banca Carige S.P.A. (Mark, David)
April 27, 2012 Filing 53 NOTICE OF APPEARANCE by Paul H. Aloe on behalf of Alexandra E. Hausner Cave, Laurie Frenchman, Michael Frenchman, Kathy Hausner Grossman, Hilda Hausner, Diane Ringler, Ringler Partners, L.P., The Hausner Group, Trust F/B/O Alexandra E. Hausner Cave, Ellen J. Wertheim (Aloe, Paul)
April 27, 2012 Filing 52 NOTICE OF APPEARANCE by Matthew Harris Cohen on behalf of Michael Frenchman, Laurie Frenchman, The Hausner Group, Hilda Hausner, Trust F/B/O Alexandra E. Hausner Cave, Kathy Hausner Grossman, Ellen J. Wertheim, Alexandra E. Hausner Cave, Ringler Partners, L.P., Diane Ringler (Cohen, Matthew)
April 26, 2012 Filing 50 NOTICE OF APPEARANCE by David Corey Rose on behalf of Kara Fishbein Goldman, Steven Goldman, Other Listed Defendants (Rose, David)
April 26, 2012 Filing 49 NOTICE OF APPEARANCE by Richard Levy, Jr on behalf of Kara Fishbein Goldman, Steven Goldman, Other Listed Defendants (Levy, Richard)
April 26, 2012 Filing 48 NOTICE OF APPEARANCE by Andrew Mark Behrman on behalf of Barclays Bank (Suisse) S.A., Barclays Bank S.A., Barclays Private Bank & Trust Limited (Behrman, Andrew)
April 26, 2012 Filing 47 NOTICE OF APPEARANCE by Marc Joel Gottridge on behalf of Barclays Bank (Suisse) S.A., Barclays Bank S.A., Barclays Private Bank & Trust Limited (Gottridge, Marc)
April 25, 2012 Filing 46 NOTICE OF APPEARANCE by Donald Mark Badaczewski on behalf of Deborah Madoff (Badaczewski, Donald)
April 25, 2012 Filing 45 NOTICE OF APPEARANCE by Daniel Hershel Tabak on behalf of Deborah Madoff (Tabak, Daniel)
April 25, 2012 Filing 44 NOTICE OF APPEARANCE by Susan Louise Amble Higgins on behalf of Tensyr Limited (Higgins, Susan)
April 25, 2012 Filing 43 NOTICE OF APPEARANCE by David Joseph Onorato on behalf of Tensyr Limited (Onorato, David)
April 25, 2012 Filing 42 NOTICE OF APPEARANCE by Rebecca Biber Callaway on behalf of Alpine Trustees Limited, Ashby Holding Services Limited, Ashby Investment Services Limited, El Prela Group Holding Services Limited, El Prela Trading Investments Limited, El Prela Trust, First Peninsula Trustees Limited, Port of Hercules Trustees Limited, The Ashby Trust (Callaway, Rebecca)
April 25, 2012 Filing 41 NOTICE OF APPEARANCE by Cheryl Lynn Howard on behalf of Alpine Trustees Limited, Ashby Holding Services Limited, Ashby Investment Services Limited, El Prela Group Holding Services Limited, El Prela Trading Investments Limited, El Prela Trust, First Peninsula Trustees Limited, Port of Hercules Trustees Limited, The Ashby Trust (Howard, Cheryl)
April 25, 2012 Filing 40 NOTICE OF APPEARANCE by Timothy P. Harkness on behalf of The Ashby Trust, El Prela Trust, Alpine Trustees Limited, Port of Hercules Trustees Limited, First Peninsula Trustees Limited, El Prela Group Holding Services Limited, Ashby Holding Services Limited, Ashby Investment Services Limited, El Prela Trading Investments Limited (Harkness, Timothy)
April 24, 2012 Filing 39 MEMORANDUM OF LAW in Opposition re: #1 Order,,,. Document filed by Irving H. Picard. (Warshavsky, Oren)
April 24, 2012 Filing 38 NOTICE OF APPEARANCE by David Harrison McGill on behalf of Robert H. Book, R.H. Book, LLC (McGill, David)
April 24, 2012 Filing 37 DECLARATION of Oren J. Warshavsky in Opposition re: #1 Order,,,. Document filed by Irving H. Picard. (Attachments: #1 Exhibit 1 to the Warshavsky Declaration)(Warshavsky, Oren)
April 24, 2012 Filing 36 CERTIFICATE OF SERVICE. Document filed by Sharon L. Graybow, Neil N. Lapidus, Marital Trust created under Revocable Trust of Marvin G. Graybow, John Nessel, Frederic J. Perlen. (Rosenzweig, David)
April 24, 2012 Filing 35 BRIEF re: #1 Order,,,. Document filed by Securities Investor Protection Corporation. (Attachments: #1 Affidavit of Service)(Bell, Kevin)
April 24, 2012 Filing 34 BRIEF /Consolidated Reply Memorandum of Law Regarding Defendants' Motions for Withdrawal of the Reference. Document filed by Sharon L. Graybow, Marital Trust created under Revocable Trust of Marvin G. Graybow, Neil N. Lapidus, Frederic J. Perlen, John Nessel.(Rosenzweig, David)
April 24, 2012 Opinion or Order Filing 33 ORDER re motion to withdraw the reference: Response due by 7/10/2012. Reply due by 7/24/2012. Oral Argument, if deemed necessary, set for 7/31/2012 at 04:30 PM before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 4/23/2012) (cd)
April 23, 2012 Filing 32 NOTICE OF APPEARANCE by Paula J. Warmuth on behalf of Michael Most, Marjorie Most (Warmuth, Paula)
April 20, 2012 Filing 31 NOTICE OF APPEARANCE by Jessica Lyn Bartlett on behalf of Banco Bilbao Vizcaya Argentaria, Banco Itau Europa International, Banco Itau Europa Luxembourg, S.A., Inteligo Bank Ltd. Panama Branch f/k/a Blubank Ltd Panama Branch, Naidot & Co. (Bartlett, Jessica)
April 20, 2012 Filing 30 NOTICE OF APPEARANCE by Joanna Shally on behalf of Banco Bilbao Vizcaya Argentaria, Inteligo Bank Ltd. Panama Branch f/k/a Blubank Ltd Panama Branch, Naidot & Co., Banco Itau Europa Luxembourg, S.A., Banco Itau Europa International (Shally, Joanna)
April 20, 2012 Filing 29 NOTICE OF APPEARANCE by Barbra Rachel Parlin on behalf of Pergament Equities, LLC (Parlin, Barbra)
April 20, 2012 Filing 28 NOTICE OF APPEARANCE by Julie Gorchkova on behalf of David Abel, James Greiff, P&S Associates, Joan Roman, Robert Roman, S&P Associates (Gorchkova, Julie)
April 20, 2012 Filing 27 NOTICE OF APPEARANCE by Helen Davis Chaitman on behalf of James Greiff, David Abel, Joan Roman, Robert Roman, P&S Associates, S&P Associates (Chaitman, Helen)
April 19, 2012 Opinion or Order Filing 56 STIPULATION AND ORDER. For reasons that are no longer relevant, Picard v. Greiff, No. 11 cv. 3775 (JSR) (the "Greiff Action"), was excluded from Exhibit A to the Order dated April 13, 2012, No. 12 Civ. 0115 (S.D.N.Y. Apr. 13, 2012) (ECF No.4) (the "Order"). The parties to this Stipulation and Order hereby agree that the Greiff Action shall be deemed included in Exhibit A to the Order and covered by the Order in all respects. (Signed by Judge Jed S. Rakoff on 4/19/2012) (rjm)
April 19, 2012 Opinion or Order Filing 51 STIPULATION AND ORDER: For reasons that are no longer relevant, Picard v. Greiff, No. 11 cv. 3775 (JSR) (the "Greiff Action"), was excluded from Exhibit A to the Order dated April 13, 2012, No. 12 Civ. 0115 (S.D.N.Y, Apr. 13, 2012) (ECF No. 4) (the "Order"). The parties to this Stipulation and Order hereby agree that the Greiff Action shall be deemed included in Exhibit A to the Order and covered by the Order in all respects. (Signed by Judge Jed S. Rakoff on 4/19/2012) (lmb)
April 19, 2012 Filing 26 NOTICE OF APPEARANCE by Bennette Deacy Kramer on behalf of Belfer Corporation, Robert A. Belfer, as Trustee of The Robert A. Belfer and Renee E. Belfer Family Foundation, The Arthur and Rochelle Belfer Foundation, Inc., The Robert A. Belfer and Renee E. Belfer family foundation (Kramer, Bennette)
April 19, 2012 Filing 25 NOTICE OF APPEARANCE by Richard Henry Dolan on behalf of The Arthur and Rochelle Belfer Foundation, Inc., Belfer Corporation, The Robert A. Belfer and Renee E. Belfer family foundation, Robert A. Belfer, as Trustee of The Robert A. Belfer and Renee E. Belfer Family Foundation (Dolan, Richard)
April 19, 2012 Filing 24 NOTICE OF APPEARANCE by James B. Glucksman on behalf of Mary Ann Stefanelli (Glucksman, James)
April 19, 2012 Filing 23 NOTICE OF APPEARANCE by James B. Glucksman on behalf of Anthony E. Stefanelli (Glucksman, James)
April 19, 2012 Opinion or Order Filing 22 ORDER: The Court has decided to consolidate briefing on the merits of four issues-raised in a number of pending and decided motions to withdraw the reference--for which the Court has previously withdrawn the reference to the bankruptcy court: whether 546(e) limits the Trustee's ability to avoid transfers made by Bernard L. Madoff Investment Securities LLC ("Madoff Securities"); whether provisions of the Internal Revenue Code that heavily tax undistributed portions of IRAs prevent the Trustee from avoiding IRA distributions that would otherwise be taxed; whether the Trustee may, consistent with non-bankruptcy law, avoid transfers that Madoff Securities purportedly made in order to satisfy antecedent debts; and whether the Trustee has standing to pursue common law claims and, if so, whether the Securities Litigation Uniform Standards Act preempts the Trustee's common law claims. The consolidated resolution of these issues will govern all pending motions to withdraw and those pending motions to dismiss that have not yet been fully briefed and argued. In light of the Court's plan to consolidate briefing on these issues and the previous consolidation of briefing on issues arising from Stern v. Marshall, 131 S. Ct. 2594 (2011), the Court hereby vacates any individual briefing schedules where the motion presented raises only issues that will be the subject of consolidated briefing. Moreover, the Court directs the parties to the remaining individual briefing schedules to address only those issues that will not be the subject of consolidated briefing. (Signed by Judge Jed S. Rakoff on 4/19/2012) (mro)
April 19, 2012 Filing 21 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Sumitomo Mitsui Trust Holdings, Inc. for Sumitomo Trust & Banking Co. Ltd.. Document filed by Sumitomo Trust & Banking Co. Ltd..(Stern, Jordan)
April 19, 2012 Opinion or Order Filing 20 ORDER CONTINUING STAY OF MOTIONS TO WITHDRAW THE REFERENCE AS TO MOVANT RYE SELECT BROAD MARKET XL PORTFOLIO LIMITED: On consent of (i) Rye Select Broad Market XL Portfolio Limited ("Rye Portfolio"), (ii) Irving H. Picard, as Trustee (the "Trustee") for the substantively consolidated liquidation proceedings of Bernard L. Madoff Investment Securities LLC under the Securities Investor Protection Act, and (iii) the Securities Investor Protection Corporation ("SIPC", together with Rye Portfolio and the Trustee, the "Parties"), the Motions to Withdraw the Reference filed on behalf of Rye Portfolio in the above-captioned cases are hereby stayed for the period through and including May 31, 2012, in accordance with the Parties' representation, during a joint telephonic conference on April 17, 2012 between the Parties and the Court, that Rye Portfolio and the Trustee have reached a settlement in principle resolving all claims against Rye Portfolio that remains subject only to the final approval of the Grand Court of the Cayman Islands (the "Grand Court"), which matter is scheduled for hearing on May 11, 2012 (the "Hearing"). The Parties shall advise this Court of the outcome of the Hearing and the Grand Court's determination as soon as practicable after the Hearing. (Signed by Judge Jed S. Rakoff on 4/19/2012) (mro)
April 18, 2012 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 4/18/2012. (jfe)
April 18, 2012 Filing 19 JOINDER to join (Joinder of David B. Pitofsky, as Receiver for Defendant Ascot Partners L.P. to the Motion of Bart M. Schwartz, as Receiver of Defendants Ariel Fund Limited and Gabriel Capital L.P. to Withdraw the Reference). Document filed by Ascot Partners L.P..(Glosband, Daniel)
April 18, 2012 Filing 18 NOTICE OF APPEARANCE by Howard L. Simon on behalf of Irving H. Picard (Simon, Howard)
April 17, 2012 Filing 17 JOINDER to join in the Reply Memorandum of Law of Frank A. Petito, d/b/a The Petito Investment Group, and Frank A. Petito in Further Support of Their Motion to Withdraw the Reference. Document filed by Migs Woodside.(Coffino, Dianne)
April 17, 2012 Filing 16 NOTICE OF APPEARANCE by Dianne Frances Coffino on behalf of Migs Woodside (Coffino, Dianne)
April 17, 2012 Filing 15 DECLARATION of Daniel M. Glosband in Further Support of Movants' Motions for Mandatory Withdrawal of the Reference. Document filed by Stanley J. Bernstein, Russell J. DeLucia, Frank A. Petito d/b/a The Petito Investment Group, I.I. Kotzen Company, Linda S. Paresky, Frank A. Petito, Stepheny B. Riemer, The Estate of Gilbert M. Kotzen, The Gilbert M. Kotzen 1982 Trust, The Marcia Kotzen 2002 Revocable Trust. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Glosband, Daniel)
April 17, 2012 Filing 14 BRIEF in Further Support of Motions to Withdraw the Reference. Document filed by The Estate of Gilbert M. Kotzen, The Gilbert M. Kotzen 1982 Trust, Linda S. Paresky, Stepheny B. Riemer, Stanley J. Bernstein, Frank A. Petito d/b/a The Petito Investment Group, Frank A. Petito, I.I. Kotzen Company, The Marcia Kotzen 2002 Revocable Trust, Russell J. DeLucia.(Glosband, Daniel)
April 17, 2012 Filing 13 DECLARATION of Matthew B. Lunn re: #12 Memorandum of Law in Opposition to Defendants' Motions to Withdraw the Reference. Document filed by Irving H. Picard. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Lunn, Matthew)
April 17, 2012 Filing 12 MEMORANDUM OF LAW in Opposition re: #1 Order,,, / Memorandum of Law in Opposition to Defendants' Motions to Withdraw the Reference. Document filed by Irving H. Picard. (Lunn, Matthew)
April 17, 2012 Filing 11 BRIEF re: #1 Order,,, Memorandum of Law of the Securities Investor Protection Corporation in Opposition to Defendants' Motions to Withdraw the Reference. Document filed by Securities Investor Protection Corporation. (Attachments: #1 Affidavit of Service)(Bell, Kevin)
April 16, 2012 Filing 10 NOTICE OF APPEARANCE by Michael Richard Dal Lago on behalf of David Silver, Patricia Silver (Dal Lago, Michael)
April 13, 2012 Filing 9 MEMORANDUM OF LAW in Opposition re: #1 Order,,,. Document filed by Irving H. Picard. (Warshavsky, Oren)
April 13, 2012 Filing 8 DECLARATION of Oren J. Warshavsky in Opposition re: #1 Order,,,. Document filed by Irving H. Picard. (Attachments: #1 Exhibit 1 to the Warshavsky Declaration)(Warshavsky, Oren)
April 13, 2012 Filing 7 NOTICE OF APPEARANCE by Nicholas J. Cremona on behalf of Irving H. Picard (Cremona, Nicholas)
April 13, 2012 Filing 6 NOTICE OF APPEARANCE by Oren J. Warshavsky on behalf of Irving H. Picard (Warshavsky, Oren)
April 13, 2012 Filing 5 BRIEF in Opposition to Wolosoff Defendants' Motion to Withdraw the Reference. Document filed by Securities Investor Protection Corporation. (Attachments: #1 Affidavit of Service)(Bell, Kevin)
April 13, 2012 Opinion or Order Filing 4 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) (jfe)
April 13, 2012 Filing 3 NOTICE OF APPEARANCE by Kevin H. Bell on behalf of Securities Investor Protection Corporation (Attachments: #1 Affidavit of Service)(Bell, Kevin)
April 13, 2012 Filing 2 NOTICE OF APPEARANCE by Lauren Attard on behalf of Securities Investor Protection Corporation (Attachments: #1 Affidavit of Service)(Attard, Lauren)
April 13, 2012 Opinion or Order Filing 1 ORDER: 1. All matters relating to Bernard L. Madoff Investment Securities LLC ("Madoff Securities") previously assigned to the undersigned, or assigned to the undersigned in the future, shall henceforth bear the caption and docket number set forth above, and the parties shall make sure that all filings are filed under the docket number set forth above. In addition, any filings filed under this docket number shall bear either the subheading "PERTAINS TO ALL CASES," the subheading "PERTAINS TO CASE(S) ___ Civ.___," or the subheading "PERTAINS TO CASE(S) LISTED IN APPENDIX_." Any filing fees associated with opening the master case file docket are waived. 2.The Clerk is directed to make sure that this Order and all subsequent docket entries under this docket number are also docketed simultaneously in the bankruptcy court under No. 08-1789 (BRL). (Signed by Judge Jed S. Rakoff on 4/13/2012) (laq) (laq).
April 13, 2012 Set Deadlines/Hearings: Motions due by 5/3/2012. Replies due by 6/11/2012. Responses due by 5/25/2012 Oral Argument set for 6/18/2012 at 02:00 PM before Judge Jed S. Rakoff. (jfe)

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Not yet classified: Madeline Celia Chais 1992 Trust
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Not yet classified: Michael Chasalow
Represented By: Andrew Howard Sherman
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Not yet classified: Chloe Frances Chais Transferee Trust No. I
Represented By: Andrew Howard Sherman
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Not yet classified: Suzanne Hammond
Represented By: Jonathan David Cogan
Represented By: Kimberly Perrotta Cole
Represented By: Carrie Ann Tendler
Represented By: John Han
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