House of Europe Funding I Ltd. v. Wells Fargo Bank, N.A. et al
| House of Europe Funding I Ltd. and Erste Abwicklingsanstalt |
| Wells Fargo Bank, N.A. and Collineo Asset Management GmbH |
| 1:2013cv00519 |
| January 23, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| Richard J. Sullivan |
| Contract: Other |
| 28 U.S.C. ยง 1331 Fed. Question: Other |
| None |
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Filing
194
OPINION AND ORDER re: 162 MOTION to Amend/Correct the Complaint. filed by House of Europe Funding I Ltd., 165 MOTION to Seal. filed by House of Europe Funding I Ltd., 183 MOTION to Seal Document 182 Reply Memorandum of Law in Support of Motion. filed by House of Europe Funding I Ltd., 179 MOTION to Seal portions of the Wells Fargo Bank N.A.'s Memorandum of Law in Response to Defendant Collineo Asset Management GmbH's Opposition to Plaintiff's M otion to Amend the Complaint Under Federal Rules of Civil Procedure 17 an filed by Wells Fargo Bank, N.A. For the reasons set forth above, IT IS HEREBY ORDERED THAT HOE I's motion to amend its complaint is granted. IT IS FURTHER ORDERED THAT t he parties' motion to seal their submissions in connection with HOE I's motion to amend are denied for failing to overcome the strong presumption of open records. Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). IT I S FURTHER ORDERED THAT, by September 11, 2015, the parties shall file (1) unredacted versions of all submissions in connection with HOE I's motion to amend, and (2) a joint letter apprising the Court of what additional discovery is necessary, wi th proposed deadlines for its completion. The Clerk of the Court is respectfully directed to terminate the motions pending at docket entries 162, 165, 179, and 183. SO ORDERED. (As further set forth within this Opinion.) (Signed by Judge Richard J. Sullivan on 9/4/2015) (ajs)
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Filing
155
OPINION AND ORDER re: 74 MOTION to Dismiss Wells Fargo Bank, N.A.'s Counterclaims filed by House of Europe Funding I Ltd. In short, Wells Fargo's counterclaims have no basis in fact or in law and seem designed, prin cipally, to undermine HOE I's ability to retain counsel and litigate this action. Accordingly, IT IS HEREBY ORDERED THAT HOE I's motion to dismiss Wells Fargo's counterclaims is granted and Wells Fargo's counterclaims are dismissed with prejudice. The Clerk of the Court is respectfully directed to terminate the motion pending at docket entry 74. (Signed by Judge Richard J. Sullivan on 3/31/2015) (mro)
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Filing
154
OPINION AND ORDER: On March 30, 2015, the Court issued an opinion and order granting the motion for summary judgment filed by Defendant Collineo Asset Management GMBH ("Collineo") against Plaintiff House of Europe I, Ltd. ("HOE 1"). The Court is now in receipt of a letter from HOE I seeking leave to supplement the summary judgment record. (Doc. No. 148.) In light of the Court's March 30 Order, HOE I's anticipated motion to supplement the summary judgment r ecord is deemed made and denied as moot. However, based on HOE I's representation that "a recent development" "would cure any standing defect and moot the entire basis for Collineo's motion," IT IS HEREBY ORDERED THAT all parties to this action-HOE I, Collineo, and Defendant Wells Fargo Bank, N.A.-shall appear to discuss the ramifications of HOE I's letter on Monday, April 6 at 12:00 p.m. ( Status Conference set for 4/6/2015 at 12:00 PM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 3/30/2015) (mro)
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Filing
135
ORDER denying 121 Motion to Seal Document. Accordingly, IT IS HEREBY ORDERED THAT Wells Fargo's motion to compel production of the documents described in Requests Nos. 50 and 51 is denied. With respect to the parties' sealing request, th e Court is unpersuaded that the parties have overcome the strong presumption of open records. Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). Accordingly, IT IS FURTHER ORDERED THAT Wells Fargo's motion to seal portions of the December 22 joint discovery dispute letter is denied without prejudice to renewal. IT IS FURTHER ORDERED THAT, by February 6, 2015, Wells Fargo shall either file a renewed motion to seal portions of the December 22 joint discovery dispute lett er, providing particularized explanations as to why the redacted portions of the letter require sealing, or publicly docket an unredacted version of the December 22 joint discovery dispute letter. In all other respects, the parties shall continue to comply with the Case Management Plan and Scheduling Order previously set by the Court. (Doc. No. 134 .) SO ORDERED. (See Order.) (Signed by Judge Richard J. Sullivan on 1/30/2015) (ajs)
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