In Re: Bernard L. Madoff Investment Securities, LLC
| Bernard L. Madoff Investment Securities, LLC |
| Murray Pergament 1999 Trust f/b/o Bruce Pergament, et al., amici represented by Pryor Cashman LLP, Estate of Doris Pearlman, Jeffrey Hinte and Stuart J. Rabin |
| Irving H. Picard |
| Diana Melton Trust, Dated |
| Securities Investor Protection Corporation |
| 1:2015cv01151 |
| February 18, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Paul A Engelmayer |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 0158 |
| None |
Docket Report
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| Filing 39 CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated January 14, 2016, the Order of the Bankruptcy Court approving the use of the Inter-Account Method is affirmed and the appeals challenging the Order are denied; accordingly, the cases are closed. (Signed by Clerk of Court Ruby Krajick on 01/27/2016) (Attachments: #1 Right to Appeal, #2 Right to Appeal)(km) |
| Filing 38 INTERNET CITATION NOTE: Material from decision with Internet citation re: #37 Memorandum & Opinion. (vf) |
| Transmission to Judgments and Orders Clerk. Transmitted re: #37 Memorandum & Opinion, to the Judgments and Orders Clerk. (kl) |
Filing 37
OPINION & ORDER: For the reasons stated above, the Order of the Bankruptcy Court approving the use of the Inter-Account Method is affirmed and the appeals challenging the Order are denied. The Clerk of Court is respectfully directed to close the above-captioned cases. (As further set forth in this Order) (Signed by Judge Paul A. Engelmayer on 1/14/2016) (kl)
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| Terminate Transcript Deadlines (kl) |
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Filing 36
ORDER: Appellant Elliot Sagor adopted the arguments of other appellants, including specifically, ERISA arguments. See 15 Civ. 1263, Dkt. 13 at 30 ("Sagor Br."); see also Adv. Pro. No. 08-01789, Dkt. 6900 at 16 n.28 (referencing ERISA related arguments made by other claimants). However, Sagor represents that the relevant transfer in question originated from an "omnibus account" he contributed to "through some of my [law firm] partners," and was transferred into a "self-directed IRA account" with BLMIS because "I could not have pension money in a joint omnibus account at BLMIS" after his former law firm merged with another firm. Sagor Br. at 2-3. The arguments raised by Most regarding transfers from ERISA accounts to an IRA, therefore, do not appear to encompass the factual context of Sagor's claims because the transferor account was not held pursuant to an ERISA pension plan, and Sagor's brief does not offer any explanation for why the ERISA-based arguments would apply to his claims. The joint Appellants' Brief from the other three related cases, 15 Civ. 1151, Dkt. 12; 15 Civ. 1195, Dkt. 11; 15 Civ. 1236, Dkt. 14, do not adopt the arguments raised by Most regarding ERISA. Therefore, in light of Most's withdrawal of his appeal, it appears to the Court that Most's arguments pertaining to ERISA are no longer presented on this appeal, and no longer need be resolved. In the event that any party believes otherwise, it is to submit, via ECF, by December 17, 2015, a short letter to the Court explaining the basis for this position. (As further set forth in this Order) (Signed by Judge Paul A. Engelmayer on 12/15/2015) (kl)
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| Filing 35 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 9/17/15 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...(Siwik, Christine) |
| Filing 34 TRANSCRIPT of Proceedings re: Conference held on 9/17/2015 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Kelly Surina, (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 11/2/2015. Redacted Transcript Deadline set for 11/12/2015. Release of Transcript Restriction set for 1/9/2016.(Siwik, Christine) |
| Minute Entry for proceedings held before Judge Paul A. Engelmayer: Argument on Bankruptcy Appeal held on 9/17/2015. Oral Argument heard. Court adjourned. (Court Reporter Kelly Serena) (ml) |
| Filing 33 NOTICE OF APPEARANCE by Sarah Peck Kenney on behalf of Stuart J. Rabin. (Kenney, Sarah) |
| Filing 32 NOTICE OF APPEARANCE by Gerald Allen Novack on behalf of Stuart J. Rabin. (Novack, Gerald) |
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Filing 31
MEMO ENDORSEMENT on re: (27 in 1:15-cv-01195-PAE) Notice of Substitution of Attorney, filed by Estate of Doris M. Pearlman, (33 in 1:15-cv-01263-PAE) Notice of Substitution of Attorney, filed by Estate of Doris M. Pearlman, (33 in 1:15-cv-01236-PAE) Notice of Substitution of Attorney, filed by Estate of Doris M. Pearlman, (30 in 1:15-cv-01151-PAE) Notice of Substitution of Attorney, filed by Estate of Doris Pearlman, (28 in 1:15-cv-01223-PAE) Notice of Substitution of Attorney, filed by Estate of Doris M. Pearlman. ENDORSEMENT: SO ORDERED. Attorney Richard Allen Kirby for Estate of Doris Pearlman. (Signed by Judge Paul A. Engelmayer on 9/14/2015) (kl) Modified on 9/14/2015 (kl). Modified on 9/14/2015 (kl).
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| Filing 30 NOTICE of Substitution of Attorney. Old Attorney: Martha Rodriguez-Lopez, New Attorney: Richard A. Kirby, Address: Baker & McKenzie LLP, 815 Connecticut Avenue, NW, Washington, DC, USA 20006, 202-416-7020. Document filed by Estate of Doris Pearlman. (Kirby, Richard) |
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Filing 29
ORDER: The following order is to be filed in each of the above-captioned cases, which are all related. On August 7, 2015, the Court scheduled oral argument in this case for September 15, 2015. Dkt. 26. To accommodate counsel, the Court hereby reschedules oral argument for Thursday, September 17, 2015 at 9:30 a.m. In addition, on August 11, 2015, amici in support of the appellants requested leave to participate in the oral argument, which was consented to by all other parties to the appeal. Dkt. 28. The Court hereby GRANTS amici's request to participate in oral argument through a single, designated representative. (Oral Argument set for 9/17/2015 at 09:30 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 8/13/2015) (kl)
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| Filing 28 LETTER addressed to Judge Paul A. Engelmayer from Richard Levy, Jr. dated August 7, 2015 re: Request by Amici for Permission to Participate in Oral Argument Scheduled for Sept. 15, 2015. Document filed by Murray Pergament 1999 Trust f/b/o Bruce Pergament, et al., amici represented by Pryor Cashman LLP.(Levy, Richard) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Richard Levy to RE-FILE Document #27 MOTION for Oral Argument (Letter Request) by All Amici Customer-Defendants to Participate in Oral Agrument. Use the event type Letter found under the event list Other Documents. (db) |
| Filing 27 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Oral Argument (Letter Request) by All Amici Customer-Defendants to Participate in Oral Agrument. Document filed by Murray Pergament 1999 Trust f/b/o Bruce Pergament, et al., amici represented by Pryor Cashman LLP.(Levy, Richard) Modified on 8/11/2015 (db). |
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Filing 26
ORDER SCHEDULING ORAL ARGUMENT: The following order is to be filed in each of the above-captioned cases, which are all related. Appellants in the above referenced matter have jointly requested oral argument in their appeals from the bankruptcy court. Oral argument on the appeals is set for Tuesday, September 15 at 10 a.m. Two hours has been allocated for argument. (Oral Argument set for 9/15/2015 at 10:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 8/6/2015) (kl)
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| Filing 25 LETTER addressed to Judge Paul A. Engelmayer from David J. Sheehan dated June 30, 2015 re: Enclosing Supplemental Authority. Document filed by Irving H. Picard. (Attachments: #1 Decision)(Sheehan, David) |
| Filing 24 Appellant's REPLY BRIEF. Document filed by Diana Melton Trust, Dated 12/05/05. (Kachroo, Gaytri) |
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Filing 23
ORDER granting [26 in case no. 15cv1236] Letter Motion for Leave to File Excess Pages. Granted. (Original Order was filed in case 15cv1236 as Doc. 27) (Signed by Judge Paul A. Engelmayer on 6/23/2015) (kl) Modified on 6/24/2015 (kl).
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| ***DELETED DOCUMENT. Deleted document number #23 Endorsed Letter. The document was incorrectly filed in this case. (kl) |
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Filing 22
ORDER: ORDER granting #24 Letter Motion for Extension of Time to File Response/Reply. Granted. Reply briefs are now due June 25, 2015. The Court appreciates counsels' coordinated efforts. SO ORDERED. (Original Motion was filed in case 15 cv 1236 as Doc.25). ( Appellant Reply Brief due by 6/25/2015.) (Signed by Judge Paul A. Engelmayer on 5/29/2015) (ama)
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| Filing 21 Appellee's BRIEF. Document filed by Irving H. Picard. Appellant Reply Brief due by 6/10/2015. (Attachments: #1 Appendix Volume I of VII, #2 Appendix Volume II of VII, #3 Appendix Volume III of VII, #4 Appendix Volume IV of VII, #5 Appendix Volume V of VII, #6 Appendix Volume VI of VII, #7 Appendix Volume VII of VII, #8 Affidavit of Service)(Sheehan, David) |
| Filing 20 Appellee's BRIEF. Document filed by Securities Investor Protection Corporation. Appellant Reply Brief due by 6/10/2015. (Attachments: #1 Certificate of Service)(Bell, Kevin) |
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Filing 19
ORDER granting #18 Letter Motion for Leave to File Excess Pages addressed to Judge Paul A. Engelmayer from Amy Vanderwal dated May 12, 2015. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/12/2015) (kko) Modified on 5/13/2015 (kko).
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| Filing 18 LETTER MOTION for Leave to File Excess Pages addressed to Judge Paul A. Engelmayer from Amy Vanderwal dated May 12, 2015. Document filed by Irving H. Picard.(Vanderwal, Amy) |
| Filing 17 NOTICE of Disclosure Statement of Amicus Curiae Represented by Goodwin Procter LLP Pursuant to Fed.R.Bankr.P.8012 re: #13 Brief. Document filed by Jeffrey Hinte. (Weintraub, William) |
| Filing 16 NOTICE of Disclosure Statement Of Certain Amicus Curiae Pursuant To Fed. R. Bankr. P. 8012 re: #13 Brief. Document filed by Murray Pergament 1999 Trust f/b/o Bruce Pergament, et al., amici represented by Pryor Cashman LLP. (Levy, Richard) |
| Filing 15 NOTICE of Notice of DISCLOSURE STATEMENT OF AMICUS CURIAE REPRESENTED BY K&L GATES LLP PURSUANT TO FED. R. BANKR. P. 8012 re: #13 Brief. Document filed by Estate of Doris Pearlman. (Kirby, Richard) |
| Filing 14 NOTICE of Filing Of Corrected Appendix B To Amicus Curiae Brief Of Avoidance Defendants In Support Of Reversal re: #13 Brief. Document filed by Murray Pergament 1999 Trust f/b/o Bruce Pergament, et al., amici represented by Pryor Cashman LLP. (Levy, Richard) |
| Filing 13 BRIEF -Amicus Curiae Brief of Avoidance Defendants in Support of Reversal. Document filed by Estate of Doris Pearlman.(Kirby, Richard) |
| Filing 12 Appellant's BRIEF. Document filed by Diana Melton Trust, Dated 12/05/05. Appellee Brief due by 5/27/2015. (Attachments: #1 Appendix Volume I of VI, #2 Appendix Volume II of VI, #3 Appendix Volume III of VI, #4 Appendix Volume IV of VI, #5 Appendix Volume V of VI, #6 Appendix Volume VI of VI)(Kachroo, Gaytri) |
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Filing 11
ORDER GRANTING APPELLANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE A APPEAL BRIEF re: #9 Letter Motion for Extension of Time to File Appellants' Principal Brief(s). The schedule for each action in the above-captioned cases is amended as follows: 1. By 4/27/2015, appellants' principal brief(s) are due; 2. By 5/27/2015, appellee's responses brief(s) are due; and 3. By 6/11/2015, appellants' reply brief(s) are due. (Signed by Judge Paul A. Engelmayer on 3/13/2015) (tro)
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Filing 10
MEMO ENDORSEMENT on re: (9 in 1:15-cv-01151-PAE) LETTER MOTION for Extension of Time to File Appellants' Principal Brief(s) addressed to Judge Paul A. Engelmayer from Gaytri Kachroo dated March 12, 2015 filed by Diana Melton Trust, Dated 12/05/05. ENDORSEMENT: The Court has granted this reasonable request and has signed the proposed order. (Signed by Judge Paul A. Engelmayer on 3/13/2015) (tro)
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| Set/Reset Deadlines: Appellant Brief due by 4/27/2015. Appellant Reply Brief due by 6/11/2015. Appellee Brief due by 5/27/2015. (tro) |
| Filing 9 LETTER MOTION for Extension of Time to File Appellants' Principal Brief(s) addressed to Judge Paul A. Engelmayer from Gaytri Kachroo dated March 12, 2015. Document filed by Diana Melton Trust, Dated 12/05/05. (Attachments: #1 Text of Proposed Order Proposed Order Extending Deadline to File Appellate Brief)(Kachroo, Gaytri) |
| Filing 8 NOTICE OF APPEARANCE by Nicholas J. Cremona on behalf of Irving H. Picard. (Cremona, Nicholas) |
| Filing 7 NOTICE OF APPEARANCE by Amy Elizabeth Vanderwal on behalf of Irving H. Picard. (Vanderwal, Amy) |
| Filing 6 NOTICE OF APPEARANCE by Seanna R. Brown on behalf of Irving H. Picard. (Brown, Seanna) |
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Filing 5
ORDER: By March 6, 2015, the appellants shall collectively confer (e.g., by conference call) in order to discuss whether efficiencies can be achieved in the briefing process. By March 27, 2015, appellants' principal brief(s) are due. By April 27, 2015, appellee's response brief(s) are due. By May 11, 2015, appellants' reply brief(s) are due. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/3/2015) (kl)
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| NOTICE OF RECORD OF APPEAL COMPLETION. All Documents from the United States Bankruptcy Court - Southern District of New York have been filed with the U.S.D.C. S.D.N.Y. Record of Appeal is Complete and Available Electronically. Appellant Brief due by 3/23/2015. (bkar) |
| Filing 4 CIVIL COVER SHEET filed. (bkar) |
| Filing 3 COUNTER DESIGNATION OF BANKRUPTCY RECORD ON APPEAL Document filed by Appellee Irving H. Picard. (bkar) |
| Filing 2 DESIGNATION OF BANKRUPTCY RECORD ON APPEAL re: #1 Bankruptcy Appeal,. Document filed by Appellant Diana Melton Trust, Dated 12/05/05. (bkar) |
| Filing 1 NOTICE OF APPEAL FROM THE BANKRUPTCY COURT TO THE S.D.N.Y. from the Order of Judge Stuart M. Bernstein dated December 8, 2014. Bankruptcy Court Case Numbers: 08-1789A (SMB). Certified copies of file received.Document filed by Diana Melton Trust, Dated 12/05/05.(bkar) |
| Magistrate Judge Debra C. Freeman is so designated. (bkar) |
| Case Designated ECF. (bkar) |
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