Phoenix Light SF Limited et al v. The Bank of New York Mellon Corporation
| Phoenix Light SF Limited, C-Bass CBO XIV Ltd. and Silver Elms CDO II Limited |
| The Bank of New York Mellon Corporation |
| 1:2014cv10104 |
| December 23, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Valerie E. Caproni |
| Other Statutory Actions |
| 15 U.S.C. ยง 77 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
407
OPINION AND ORDER: For the foregoing reasons, the cases at Docket Nos. 14-CV-10104 and 18-CV-1194 are dismissed. The Clerk of Court is respectfully directed to terminate the open motions in each docket and close both cases. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/7/2022) (tg) Transmission to Orders and Judgments Clerk for processing.
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Filing
399
ORDER: IT IS HEREBY ORDERED that Defendant must submit a brief (not in excess of 10 pages) in support of its position on the impact of U.S. Bank on the two cases referenced above not later than October 26, 2021. Plaintiffs must submit their response, also not in excess of 10 pages, not later than November 9, 2021. Defendant's reply of not more than 5 pages is due not later than November 16, 2021. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/12/2021) (jca)
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Filing
397
ORDER: IT IS HEREBY ORDERED that these cases are STAYED pending the Second Circuit's decision in U.S. Bank. The parties must inform the Court within one week of the Second Circuit's final order resolving the U.S. Bank appeal. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/18/2021) (ama)
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Filing
394
ORDER: IT IS HEREBY ORDERED that not later than January 8, 2021, Plaintiffs must show cause why this matter and the related matter at Docket No. 18-CV-1194 should not be stayed pending the Second Circuit's decision in U.S. Bank. Defendant must respond not later than January 15, 2021. Plaintiffs and Defendant each may submit a letter of up to eight (8) pages, double-spaced. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/29/2020) (ama)
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Filing
367
ORDER: WHEREAS the Court held a teleconference on July 2, 2020, to discuss the issue of whether to grant Plaintiffs leave to amend Dr. Joseph Mason's expert report; IT IS HEREBY ORDERED that Mason's proposed revised expert report is due no later than July 24, 2020. Defendants' motion to exclude the proposed revised expert report is due no later than August 21, 2020. Plaintiffs' reply is due no later than September 11, 2020. ( Motions due by 8/21/2020., Responses due by 9/11/2020) (Signed by Judge Valerie E. Caproni on 7/6/2020) (cf)
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Filing
365
ORDER: IT IS HEREBY ORDERED that Defendant's motion to exclude Ms. Beckles's opinion that 18,939 loans had document exceptions that were never corrected, see Revised Beckles Report (Dkt. 293-14) Paragraph 132 & fig. 1 col. G, is GRANTED. And as set forth herein. IT IS FURTHER ORDERED that the June 29, 2020, hearing is canceled. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/24/2020) (ama)
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Filing
354
ORDER: On April 13, 2020, the Court ordered Defendant Bank of New York Mellon ("BNYM") to show cause why it has not waived its argument that Plaintiffs' receipt of claims from the indenture trustee was champertous. (Dkt. 341). Both par ties have submitted letter briefs on the issue. (Dkts. 345, 348). BNYM, in its Answer dated January 10, 2017 (Dkt. 157), pled that Plaintiffs lack standing, but it did not plead its current champerty theory. Because champerty is an affirmative defens e distinct from standing, the Court finds that it has been waived. The Court also will not allow BNYM to amend its answer, as the parties have already completed discovery, a summary judgment motion, and Daubert motions. Although champerty and standin g are, in some circumstances at least, interrelated, the Court sees no valid reason to extend standing's no-waiver rule to the affirmative defense of champerty, or to deem it preserved by BNYM's answer when that answer did not put Plaintiffs on notice that BNYM would, four years later, challenge the assignment of claims. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/03/2020) (ama)
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Filing
352
ORDER: granting 339 Motion for Reconsideration. For the following reasons, BNYM's motion is GRANTED. The Court therefore grants BNYM the following relief. Mason's damages calculation-insofar as it has not removed the settlement payments from his model's but-for world-is excluded. The parties are ordered to provide letter briefs of not more than five (5) pages each whether Mason should be permitted to amend his report to present a damages opinion that equals Repurchase Proceeds minus the Settlement Payment (in other words, consistent with the Court's original understanding of his report). The Plaintiffs letter brief must be filed on or before June 8, 2020; Defendant's response must be filed on or before June 18, 2020. Plaintiffs may file of not more than two (2) pages not later than June 22, 2020. And as set forth herein. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/28/2020) (ama) (Main Document 352 replaced on 5/28/2020) (ama).
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Filing
347
ORDER granting 346 Letter Motion to Adjourn Conference. IT IS HEREBY ORDERED that the hearing scheduled for April 22, 2020, is adjourned to June 29, 2020, at 2:00 p.m. BNYM's request for leave to file a declaration is denied. Plaintiffs� 39; motion to exclude Ms. Vose is denied. Plaintiffs' request to reopen discovery is granted. Plaintiffs may depose Ms. Vose for up to two hours via teleconference or videoconference. The parties must schedule the deposition for a mutually- a greeable time before June 1, 2020. If the deposition or good faith discussions between the parties obviate the need for a hearing, the parties must notify the Court. Status Conference set for 6/29/2020 at 02:00 PM before Judge Valerie E. Caproni.. (Signed by Judge Valerie E. Caproni on 4/20/2020) (rj)
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Filing
337
OPINION AND ORDER: re: 291 MOTION in Limine filed by The Bank of New York Mellon. For the foregoing reasons, BNYM's motion in limine is GRANTED in part and DENIED in part. No later than April 3, 2020, the parties must submit a joint letter proposing next steps, including a schedule for summary judgment on the four issues proposed at oral argument and, assuming the Court declines to allow a second motion for summary judgment, a schedule for trial. If the parties have identified addition al issues for summary judgment, they must include those issues in their joint letter as well. The Clerk of Court is respectfully directed to close the open motion at docket entry 291. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/20/2020) (ama)
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Filing
329
ORDER: IT IS HEREBY ORDERED that the Parties should be prepared to discuss the opinions of all twelve experts subject to the motions in limine. The Parties may, however, focus their preparation on Plaintiffs' motion to exclude: as set forth herein. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/28/2020) (ama)
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Filing
328
ORDER: IT IS HEREBY ORDERED that the oral argument scheduled for March 3, 2020, is ADJOURNED to March 9, 2020, at 1:30 p.m. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/27/2020) ( Oral Argument set for 3/9/2020 at 01:30 PM before Judge Valerie E. Caproni.) (ks)
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Filing
327
ORDER: granting in part 326 Letter Motion to Adjourn Conference. Application GRANTED in part. The Court will adjourn the hearing, but not oral argument. Oral argument remains scheduled for March 3, 2020, at 1:30 p.m. The hearing is scheduled for A pril 22, 2020, at 2:00 p.m. If counsel are unavailable on March 3 for oral argument, then the Parties must propose three mutually convenient dates to the Court when counsel are available before March 13. SO ORDERED. Status Conference set for 4/22/2020 at 02:00 PM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 2/26/2020) (ama)
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Filing
325
ORDER: IT IS HEREBY ORDERED that oral argument is scheduled for both motions in limine for March 3, 2020, at 1:30 p.m. IT IS FURTHER ORDERED that a hearing on the following issue is scheduled for March 3, 2020, at 1:30 p.m.: whether BNYM's " ;cure reports" that Plaintiffs' expert Ingrid Beckles and Defendant's expert Peter Ross analyze list document exceptions that have been cured or document exceptions that remain unresolved. SO ORDERED., ( Oral Argument set for 3/3/2020 at 01:30 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 2/13/2020) (ama)
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Filing
319
OPINION AND ORDER: re: 312 MOTION to Strike filed by The Bank of New York Mellon. Defendant's motion to strike is GRANTED in part and DENIED in part. The Court strikes Part I.A of the Adelson Declaration, paragraph twenty-nine of the Bitner Declaration, and paragraph twelve of the Mason Declaration. Briefing on Defendant's omnibus Daubert motion will resume. Defendant's reply in support of its omnibus Daubert motion is due no later than December 12, 2019. SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/13/2019) (ama)
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Filing
201
OPINION & ORDER re: 128 MOTION for Summary Judgment . filed by The Bank of New York Mellon, 159 MOTION for Summary Judgment and Sanctions Pursuant to FRCP 37. filed by Silver Elms CDO plc, Phoenix Light SF Limited, Blue Heron Funding V Ltd., Kleros Preferred Funding V Plc, Silver Elms CDO II Limited, Blue Heron Funding VI Ltd., C-Bass CBO XVII Ltd., C-Bass CBO XIV Ltd., Blue Heron Funding VII Ltd., 180 MOTION for Summary Judgment and Sancti ons Pursuant to FRCP 37. Refiled without redactions pursuant to the 12-30-16 letter [ECF 143]. filed by Silver Elms CDO plc, Phoenix Light SF Limited, Blue Heron Funding V Ltd., Silver Elms CDO II Limited, Kleros Preferred Funding V Plc , Blue Heron Funding VI Ltd., C-Bass CBO XVII Ltd., C-Bass CBO XIV Ltd., Blue Heron Funding VII Ltd.. For the foregoing reasons, Defendant's motion is GRANTED in part and DENIED in part, and Plaintiffs' cross-motion is DENIED in its entirety. The parties must appear for a status conference on October 20, 2017, at 10:00 a.m., to reinstate the expert discovery schedule and to discuss whether fact discovery should be reopened relative to FNLC 2005-1. On or before Octobe r 12, 2017, the parties must submit a joint letter setting forth: (1) a description of all remaining claims in this case; (2) a proposed discovery schedule; (3) the prospect of settlement; and (4) any other matter that either party wishes to discuss. The Clerk of the Court is respectfully directed to terminate Docket Entry Nos. 128, 159, and 180. Status Conference set for 10/20/2017 at 10:00 AM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 9/7/2017) (kgo)
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Filing
53
OPINION & ORDER re: 34 MOTION to Dismiss filed by The Bank of New York Mellon. For the foregoing reasons, Defendant's motion is GRANTED IN PART and DENIED IN PART. The Clerk of the Court is respectfully directed to terminate docket entry 34. (As further set forth in this Opinion.) (Signed by Judge Valerie E. Caproni on 9/29/2015) (mro)
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