U.S. Bank National Association v. Triaxx Prime CDO 2006-1 ltd. et al
| Blackrock Financial Management, Inc., South Tryon, LLC, Goldman Sachs & Co. and Goldentree Asset Management LP |
| Triaxx Asset Management LLC |
| Triaxx Prime CDO 2006-1 ltd. and U.S. Bank National Association |
| 1:2015cv10172 |
| December 31, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| William H Pauley |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Filing 152 MANDATE of USCA (Certified Copy) as to #143 Notice of Appeal, filed by Blackrock Financial Management, Inc. USCA Case Number 16-2349-cv. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the district courts judgment is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 5/9/2017. (tp) |
| Transmission of USCA Mandate/Order to the District Judge re: #152 USCA Mandate. (tp) |
Filing 151
MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF EDWARD SHERWIN AS COUNSEL FOR TRIAXX PRIME CDO 2006-1, LTD. ENDORSEMENT: SO ORDERED. Attorney Edward David Sherwin terminated. (Signed by Judge William H. Pauley, III on 9/28/2016) (mro)
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| Filing 150 MANDATE of USCA (Certified Copy) as to #134 Notice of Appeal, filed by Goldentree Asset Management LP, #142 Notice of Appeal, filed by Goldman Sachs & Co., #143 Notice of Appeal, filed by Blackrock Financial Management, Inc. USCA Case Number 16-2483, 16-2576, 16- 2578.. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered".. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 09/26/2016. (nd) |
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Filing 149
ORDER of USCA (Certified Copy) as to #134 Notice of Appeal, filed by Goldentree Asset Management LP, #115 Notice of Appeal, filed by Triaxx Asset Management LLC, #142 Notice of Appeal, filed by Goldman Sachs & Co., #143 Notice of Appeal, filed by Blackrock Financial Management, Inc. USCA Case Number 16-2349 (L), 16-2483 (Con), 16-2576 (Con), 16-2578 (Con). Triaxx Asset Management LLC and Goldentree Asset Management LP move for a stay pending appeal. Appellee opposes a stay. Upon due consideration, it is hereby ORDRED that the stay motions are DENIED. See In re World Trade Ctr. Disaster Site Litig., 503 F.3d 167, 170 (2d Cir. 2007); Nken v. Holder, 556 U.S. 418, 433-34 (2009). Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 08/23/2016. (nd)
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Filing 148
ORDER denying #139 Letter Motion to Reopen Case. In view of the Notice of Appeal (ECF No. 134), this Court likely lacks jurisdiction to amend the pleadings. See Hernandez v. Coughlin, 18 F.3d 133, 138 (2d Cir. 1994) ("Once a timely notice of appeal has been made to this Court...the district court lacks the jurisdiction to consider...an amendment [to the pleadings]"). And regardless of the jurisdictional issues raised, it would be more sensible to reserve judgment on South Tryon's proposed motion until after the appeal has been decided. Accordingly, South Tryon's application is denied. (Signed by Judge William H. Pauley, III on 8/2/2016) (mro)
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| Filing 147 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 7/14/16 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) |
| Filing 146 TRANSCRIPT of Proceedings re: CONFERENCE held on 7/14/2016 before Judge William H. Pauley, III. 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 8/25/2016. Redacted Transcript Deadline set for 9/5/2016. Release of Transcript Restriction set for 11/3/2016.(McGuirk, Kelly) |
| Filing 145 LETTER RESPONSE in Support of Motion addressed to Judge William H. Pauley, III from Johnathan E. Pickhardt dated July 27, 2016 re: #139 LETTER MOTION to Reopen Case addressed to Judge William H. Pauley, III from Jonathan E. Pickhardt dated July 22, 2016. . Document filed by South Tryon, LLC. (Pickhardt, Jonathan) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #142 Notice of Appeal, filed by Goldman Sachs & Co. were transmitted to the U.S. Court of Appeals. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #143 Notice of Appeal. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #142 Notice of Appeal. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #144 Response in Opposition to Motion, filed by Triaxx Asset Management LLC, #143 Notice of Appeal, filed by Blackrock Financial Management, Inc. were transmitted to the U.S. Court of Appeals. (tp) |
| Filing 144 LETTER RESPONSE in Opposition to Motion addressed to Judge William H. Pauley, III from H. Peter Haveles, Jr. dated July 25, 2016 re: #139 LETTER MOTION to Reopen Case addressed to Judge William H. Pauley, III from Jonathan E. Pickhardt dated July 22, 2016. . Document filed by Triaxx Asset Management LLC. (Haveles, H.) |
| Filing 143 NOTICE OF APPEAL from #114 Clerk's Judgment,,,,, #113 Order on Motion for Summary Judgment,,,,,. Document filed by Blackrock Financial Management, Inc.. Filing fee $ 505.00, receipt number 0208-12575531. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Steel, Karen) |
| Filing 142 NOTICE OF APPEAL from #114 Clerk's Judgment,,,,, #113 Order on Motion for Summary Judgment,,,,,. Document filed by Goldman Sachs & Co.. Filing fee $ 505.00, receipt number 0208-12575506. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Steel, Karen) |
| Filing 141 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 7/14/16 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 140 TRANSCRIPT of Proceedings re: Conference held on 7/14/2016 before Judge William H. Pauley, III. 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 8/18/2016. Redacted Transcript Deadline set for 8/29/2016. Release of Transcript Restriction set for 10/27/2016.(Siwik, Christine) |
| Filing 139 LETTER MOTION to Reopen Case addressed to Judge William H. Pauley, III from Jonathan E. Pickhardt dated July 22, 2016. Document filed by South Tryon, LLC.(Pickhardt, Jonathan) |
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Filing 138
ORDER of USCA (Certified Copy) as to #134 Notice of Appeal, filed by Goldentree Asset Management LP, #115 Notice of Appeal, filed by Triaxx Asset Management LLC. USCA Case Number 16-2349 (L); 16-2483. Appellants Triaxx Asset Management LLC and GoldenTree Asset Management LP move to stay enforcement of the June 23, 2016 decision and order of the District Court pending the hearing and determination of this appeal. Appellee South Tryon, LLC opposes. IT IS HEREBY ORDERED that the motions are referred to the next available three-judge panel for determination. It is further ORDERED that the June 23, 2016 order of the District Court is stayed pending hearing by the three-judge panel. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 07/22/2016. (nd)
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| Filing 137 LETTER addressed to Judge William H. Pauley, III from H. Peter Haveles, Jr. dated July 22, 2016 re: Second Circuit order approving the stay pending appeal. Document filed by Triaxx Asset Management LLC.(Haveles, H.) |
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Filing 136
ORDER: On July 18, 2016, Triaxx moved for a stay pending appeal in the Second Circuit. By letter dated July 19, 2016 (and docketed at 7:27 p.m. EDT) Triaxx now requests, from this Court, a two-day extension of the July 25 deadline to effect the sale of the three-year defaulted securities (ECF No. 135). Triaxx seeks permission to post notices of those sales today. South Tryon opposes this request. Accordingly, Triaxx is permitted to post notices today, July 20, 2016, for the sale of the three-year defaulted securities to occur over a two-day period on July 26 and 27, 2016. No further extensions will be entertained by this Court. (As further set forth in this Order.) (Signed by Judge William H. Pauley, III on 7/20/2016) (kko)
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| Filing 135 LETTER addressed to Judge William H. Pauley, III from H. Peter Haveles, Jr. dated July 19, 2016 re: Letter Motion to Modify Order Regarding Sale of Securities. Document filed by Triaxx Asset Management LLC.(Haveles, H.) |
| Filing 134 NOTICE OF APPEAL from #114 Clerk's Judgment,,,,, #113 Order on Motion for Summary Judgment,,,,,. Document filed by Goldentree Asset Management LP. Filing fee $ 505.00, receipt number 0208-12545395. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Mundiya, Tariq) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #134 Notice of Appeal,. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #134 Notice of Appeal, filed by Goldentree Asset Management LP were transmitted to the U.S. Court of Appeals. (nd) |
| Filing 133 INTERNET CITATION NOTE: Material from decision with Internet citation re: #113 Order on Motion for Summary Judgment. (vf) |
| Minute Entry for proceedings held before Judge William H. Pauley, III: Oral Argument held on 7/14/2016 re: #116 MOTION to Stay Enforcement of the Court's Order Pending Appeal filed by Triaxx Asset Management LLC. (McGee, Dean) |
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Filing 132
ORDER denying #116 Motion to Stay; granting #124 Motion to Seal. For the reasons set forth on the record on July 14, 2016, Triaxx Asset Management LLCs Motion to Stay Enforcement of this Courts Order Pending Appeal (ECF No. 116) is denied. South Tryon, LLCs Motion to Seal Portions of South Tryon's Opposition (ECF No. 124) is granted. (Signed by Judge William H. Pauley, III on 7/14/2016) (cf)
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| Transmission to Sealed Records Clerk. Transmitted re: #132 Order to the Sealed Records Clerk for the sealing or unsealing of document or case. (cf) |
| Filing 131 LETTER addressed to Judge William H. Pauley, III from H. Peter Haveles, Jr. dated July 13, 2016 re: Motion Papers. Document filed by Triaxx Asset Management LLC.(Haveles, H.) |
| Filing 130 REPLY MEMORANDUM OF LAW in Support re: #116 MOTION to Stay Enforcement of the Court's Order Pending Appeal. . Document filed by Triaxx Asset Management LLC. (Haveles, H.) |
| Filing 129 DECLARATION of NICHOLAS J. CALAMARI in Support re: #116 MOTION to Stay Enforcement of the Court's Order Pending Appeal.. Document filed by Triaxx Asset Management LLC. (Haveles, H.) |
| Filing 128 MEMORANDUM OF LAW in Support re: #124 MOTION to Seal Portions of South Tryon's Opposition to TAM's Motion to Stay Pending Appeal. . Document filed by Triaxx Asset Management LLC. (Haveles, H.) |
| Filing 127 LETTER RESPONSE in Support of Motion addressed to Judge William H. Pauley, III from Tariq Mundiya dated 7/12/2016 re: #116 MOTION to Stay Enforcement of the Court's Order Pending Appeal. . Document filed by Goldentree Asset Management LP. (Mundiya, Tariq) |
| Filing 126 DECLARATION of Jonathan E. Pickhardt in Support re: #124 MOTION to Seal Portions of South Tryon's Opposition to TAM's Motion to Stay Pending Appeal.. Document filed by South Tryon, LLC. (Pickhardt, Jonathan) |
| Filing 125 MEMORANDUM OF LAW in Support re: #124 MOTION to Seal Portions of South Tryon's Opposition to TAM's Motion to Stay Pending Appeal. . Document filed by South Tryon, LLC. (Pickhardt, Jonathan) |
| Filing 124 MOTION to Seal Portions of South Tryon's Opposition to TAM's Motion to Stay Pending Appeal. Document filed by South Tryon, LLC. Return Date set for 7/14/2016 at 04:00 PM.(Pickhardt, Jonathan) |
| Filing 123 DECLARATION of Jonathan E. Pickhardt in Opposition re: #116 MOTION to Stay Enforcement of the Court's Order Pending Appeal.. Document filed by South Tryon, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Pickhardt, Jonathan) |
| Filing 122 MEMORANDUM OF LAW in Opposition re: #116 MOTION to Stay Enforcement of the Court's Order Pending Appeal. . Document filed by South Tryon, LLC. (Pickhardt, Jonathan) |
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Filing 121
ORDER denying #119 Letter Motion to Expedite. By letter dated July 6, Triaxx asked this Court to grant a temporary stay while this Court considers the motion. Triaxx's application for a temporary stay is denied. This Court rejects the parties' proposed briefing schedule. South Tryon, LLC is directed to file its opposition by 6 p.m. on July 12, 2016. Any reply shall be filed no later than 6 p.m. on July 13, 2016. Oral argument is scheduled for July 14, 2016 at 4 p.m. The Clerk of Court is directed to terminate the letter motion pending at ECF No. 119. SO ORDERED. (Signed by Judge William H. Pauley, III on 7/07/2016) (ama)
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| Filing 120 LETTER RESPONSE in Opposition to Motion addressed to Judge William H. Pauley, III from Jonathan E. Pickhardt dated July 7, 2016 re: #119 LETTER MOTION to Expedite briefing schedule and issue a temporary stay addressed to Judge William H. Pauley, III from Eric N. Whitney dated July 6, 2016. . Document filed by South Tryon, LLC. (Pickhardt, Jonathan) |
| Set/Reset Deadlines: ( Responses due by 7/12/2016, Replies due by 7/13/2016.), Set/Reset Hearings:( Oral Argument set for 7/14/2016 at 04:00 PM before Judge William H. Pauley III.) (ama) |
| Filing 119 LETTER MOTION to Expedite briefing schedule and issue a temporary stay addressed to Judge William H. Pauley, III from Eric N. Whitney dated July 6, 2016. Document filed by Triaxx Asset Management LLC.(Whitney, Eric) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #115 Notice of Appeal, filed by Triaxx Asset Management LLC were transmitted to the U.S. Court of Appeals. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #115 Notice of Appeal. (tp) |
| Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for #116 MOTION to Stay Enforcement of the Court's Order Pending Appeal, filed by Triaxx Asset Management LLC, #117 Declaration in Support of Motion filed by Triaxx Asset Management LLC, #118 Memorandum of Law in Support of Motion filed by Triaxx Asset Management LLC were transmitted to the U.S. Court of Appeals. (tp) |
| Filing 118 MEMORANDUM OF LAW in Support re: #116 MOTION to Stay Enforcement of the Court's Order Pending Appeal. . Document filed by Triaxx Asset Management LLC. (Haveles, H.) |
| Filing 117 DECLARATION of Nicholas J. Calamari in Support re: #116 MOTION to Stay Enforcement of the Court's Order Pending Appeal.. Document filed by Triaxx Asset Management LLC. (Haveles, H.) |
| Filing 116 MOTION to Stay Enforcement of the Court's Order Pending Appeal. Document filed by Triaxx Asset Management LLC.(Haveles, H.) |
| Filing 115 NOTICE OF APPEAL from #114 Clerk's Judgment,,,,, #113 Order on Motion for Summary Judgment,,,,,. Document filed by Triaxx Asset Management LLC. Filing fee $ 505.00, receipt number 0208-12501076. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Haveles, H.) |
| Filing 114 CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum & Order dated June 23, 2016, South Tryon, LLC's motion for summary judgment (ECF No. 57) is granted. This Court hereby: (1) declares that the Three Year Defaulted Securities listed in Appendix A of the Declaration of Jonathan E. Pickhardt (ECF No. 60), constitute Defaulted Securities and became Defaulted Securities three or more years prior to the date of this Memorandum & Order; (2) directs Triaxx Prime CDO 2006-1, Ltd., through its collateral manager Triaxx Asset Management, LLC, to effect the sale of the Three Year Defaulted Securities within thirty days, in accord with Section 12.1(b) of the Indenture; and (3) orders Triaxx Asset Management, LLC to effect the sale any future Three Year Defaulted Securities within three years of the date when they become Defaulted Securities in accord with the procedures set forth in Section 12.1(b) of the Indenture. The case is closed, without prejudice to any application to reopen so long as such an application is made within 30 days of the Memorandum and Order. Any such application should explain what relief the applicant seeks. (Signed by Clerk of Court Ruby Krajick on 06/23/2016) (Attachments: #1 Right to Appeal, #2 Right to Appeal)(km) |
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Filing 113
MEMORANDUM & ORDER granting #57 Motion for Summary Judgment. South Tryon, LLC's motion for summary judgment (ECF No. 57) is granted. This Court hereby: (1) declares that the Three Year Defaulted Securities listed in Appendix A of the Declaration of Jonathan E. Pickhardt (ECF No. 60), constitute Defaulted Securities and became Defaulted Securities three or more years prior to the date of this Memorandum & Order; (2) directs Triaxx Prime CDO 2006-1, Ltd., through its collateral manager Triaxx Asset Management, LLC, to effect the sale of the Three Year Defaulted Securities within thirty days, in accord with Section 12.1(b) of the Indenture; and (3) orders Triaxx Asset Management, LLC to effect the sale any future Three Year Defaulted Securities within three years of the date when they become Defaulted Securities in accord with the procedures set forth in Section 12.1(b) of the Indenture. The Clerk of Court is directed to close this case, without prejudice to any application to reopen so long as such an application is made within 30 days of this Memorandum and Order. Any such application should explain what relief the applicant seeks. (As further set forth in this Memorandum & Order.) (Signed by Judge William H. Pauley, III on 6/23/2016) (mro)
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| Transmission to Judgments and Orders Clerk. Transmitted re: #113 Order on Motion for Summary Judgment, to the Judgments and Orders Clerk. (mro) |
| Terminate Transcript Deadlines (km) |
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Filing 112
ORDER: In late April 2016, my wife and I prepared to sell our home. While the property was not listed for sale with any real estate broker or on any website, a licensed real estate sales agent for an undisclosed buyer approached my wife (who is also a licensed real estate salesperson) to express interest in purchasing our property. Following a brief negotiation between the buyer's agent and my wife as the seller's agent, we orally accepted an offer from the buyer's agent. On May 6, after we accepted that offer, the buyer's agent disclosed that the buyers were Henry Morriello and Ginger Morriello. Thereafter, I learned that Mr. Morriello is a structured finance partner at Kaye Scholer. Yesterday, I was informed by my attorney that Mr. Morriello is no longer interested in proceeding with the transaction. These events will not in any way diminish my ability to judge this case fairly and impartially. Any party who believes that my impartiality might reasonably be questioned in this case should submit a letter to Chambers with copies to all counsel by May 27, 2016. If no letters are received by that date, this Court will deem any objections waived. See 28 U.S.C. 455(e). SO ORDERED. (Signed by Judge William H. Pauley, III on 5/23/2016) (ama)
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| Filing 111 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION proceeding held on 5/3/16 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) |
| Filing 110 TRANSCRIPT of Proceedings re: MOTION held on 5/3/2016 before Judge William H. Pauley, III. 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 6/9/2016. Redacted Transcript Deadline set for 6/20/2016. Release of Transcript Restriction set for 8/18/2016.(McGuirk, Kelly) |
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Filing 109
ORDER. For the reasons set forth in the record on May 3, 2016, the Motion to Seal pending at ECF No. 92 is granted. Granting #92 Motion to Seal. (Signed by Judge William H. Pauley, III on 5/4/2016) (rjm)
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| Transmission to Sealed Records Clerk. Transmitted re: #109 Order on Motion to Seal to the Sealed Records Clerk for the sealing or unsealing of document or case. (rjm) |
| Minute Entry for proceedings held before Judge William H. Pauley, III: Oral Argument held on 5/3/2016 re: #57 MOTION for Summary Judgment filed by South Tryon, LLC. (McGee, Dean) |
| Filing 108 LETTER addressed to Judge William H. Pauley, III from Tariq Mundiya, Esq. dated 05-03-2016 re: Bank of New York v. Montana Board of Investments. Document filed by Goldentree Asset Management LP. (Attachments: #1 Attachment 1 - Bank of New York v. Montana Board of Investments)(Mundiya, Tariq) |
| Filing 107 REPLY MEMORANDUM OF LAW in Support re: #92 MOTION to Seal Portions of Interpleader Defendant South Tryon, LLC's Reply Papers In Support Of Motion For Summary Judgment. . Document filed by Triaxx Asset Management LLC. (Haveles, H.) |
| Filing 106 SEALED DOCUMENT placed in vault.(mps) |
| Filing 105 SEALED DOCUMENT placed in vault.(mps) |
| Filing 104 JOINT LETTER addressed to Judge William H. Pauley, III from Jonathan E. Pickhardt and H. Peter Haveles, Jr. dated April 20, 2015 re: Discovery Dispute. Document filed by South Tryon, LLC.(Pickhardt, Jonathan) |
| Filing 103 MEMORANDUM OF LAW in Opposition re: #92 MOTION to Seal Portions of Interpleader Defendant South Tryon, LLC's Reply Papers In Support Of Motion For Summary Judgment., #96 Memorandum of Law in Support of Motion, . Document filed by South Tryon, LLC. (Pickhardt, Jonathan) |
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Filing 102
ORDER granting #101 Letter Motion for Leave to File Document. Application granted. This Court will revisit the propriety of redacting the joint letter when the Initial Sealing Motion is fully briefed. (Signed by Judge William H. Pauley, III on 4/25/2016) (lmb)
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| Filing 101 LETTER MOTION for Leave to File Joint Letter Under Seal Concerning a Discovery Dispute addressed to Judge William H. Pauley, III from Jonathan E. Pickhardt dated April 22, 2016. Document filed by South Tryon, LLC.(Pickhardt, Jonathan) |
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Filing 100
SCHEDULING ORDER granting #98 Letter Motion for Leave to File Brief in Opposition to the Motion to Seal. South Tryon, LLC's motion for leave to file a brief in opposition to Triaxx Asset Management, LLC's Response in Support of the Motion to Seal (ECF No. 98) is granted. Any such opposition is due by April 25, 2016. Triaxx Asset Management, LLC, along with any counterparties to the settlement agreements at issue, may file replies to Triaxx Asset Management, LLC's opposition brief by April 29, 2016 at 5:00 p.m. (Signed by Judge William H. Pauley, III on 4/20/2016) (kko)
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| Set/Reset Deadlines as to #92 MOTION to Seal Portions of Interpleader Defendant South Tryon, LLC's Reply Papers In Support Of Motion For Summary Judgment: Responses due by 4/25/2016, Replies due by 4/29/2016. (kko) |
| Filing 99 LETTER addressed to Judge William H. Pauley, III from Eric N. Whitney dated April 18, 2016 re: response to the April 15, 2016 letter from Interpleader Defendant South Tryon, LLC seeking leave to oppose the sealing of documents requested in South Tryon's own motion to seal. Document filed by Triaxx Asset Management LLC.(Whitney, Eric) |
| Filing 98 LETTER MOTION for Leave to File Brief in Opposition to the Motion to Seal addressed to Judge William H. Pauley, III from Jonathan E. Pickhardt dated April 15, 2016. Document filed by South Tryon, LLC.(Pickhardt, Jonathan) |
| Filing 97 AFFIDAVIT of Nicholas J. Calamari in Support re: #92 MOTION to Seal Portions of Interpleader Defendant South Tryon, LLC's Reply Papers In Support Of Motion For Summary Judgment.. Document filed by Triaxx Asset Management LLC. (Haveles, H.) |
| Filing 96 MEMORANDUM OF LAW in Support re: #92 MOTION to Seal Portions of Interpleader Defendant South Tryon, LLC's Reply Papers In Support Of Motion For Summary Judgment. . Document filed by Triaxx Asset Management LLC. (Haveles, H.) |
| Filing 95 LETTER addressed to Judge William H. Pauley, III from Jonathan E. Pickhardt dated April 5, 2016 re: Letter Pursuant To Rule III.F Of The Court's Individual Practices. Document filed by South Tryon, LLC.(Pickhardt, Jonathan) |
| Filing 94 DECLARATION of Jonathan E. Pickhardt in Support re: #92 MOTION to Seal Portions of Interpleader Defendant South Tryon, LLC's Reply Papers In Support Of Motion For Summary Judgment.. Document filed by South Tryon, LLC. (Pickhardt, Jonathan) |
| Filing 93 MEMORANDUM OF LAW in Support re: #92 MOTION to Seal Portions of Interpleader Defendant South Tryon, LLC's Reply Papers In Support Of Motion For Summary Judgment. . Document filed by South Tryon, LLC. (Pickhardt, Jonathan) |
| Filing 92 MOTION to Seal Portions of Interpleader Defendant South Tryon, LLC's Reply Papers In Support Of Motion For Summary Judgment. Document filed by South Tryon, LLC.(Pickhardt, Jonathan) |
| Filing 91 DECLARATION of Jonathan E. Pickhardt in Support re: #57 MOTION for Summary Judgment .. Document filed by South Tryon, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D (1/4), #5 Exhibit D (2/4), #6 Exhibit D (3/4), #7 Exhibit D (4/4), #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J (Filed Under Seal), #14 Exhibit K (Filed Under Seal), #15 Exhibit L, #16 Exhibit M)(Pickhardt, Jonathan) |
| Filing 90 RESPONSE re: #79 Counter Statement to Rule 56.1, #86 Counter Statement to Rule 56.1 . Document filed by South Tryon, LLC. (Pickhardt, Jonathan) |
| Filing 89 REPLY MEMORANDUM OF LAW in Support re: #57 MOTION for Summary Judgment . . Document filed by South Tryon, LLC. (Pickhardt, Jonathan) |
| Filing 88 MEMO ENDORSEMENT on re: #87 Letter filed by South Tryon, LLC. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 4/4/2016) (tn) |
| Filing 87 LETTER addressed to Judge William H. Pauley, III from Jonathan E. Pickhardt dated April 1, 2016 re: page extension. Document filed by South Tryon, LLC.(Pickhardt, Jonathan) |
| Filing 86 COUNTER STATEMENT TO #59 Rule 56.1 Statement. Document filed by Blackrock Financial Management, Inc., Goldentree Asset Management LP, Goldman Sachs & Co.. (Cohen, Lisa) |
| Filing 85 DECLARATION of Karen M. Steel in Opposition re: #57 MOTION for Summary Judgment .. Document filed by Blackrock Financial Management, Inc., Goldentree Asset Management LP, Goldman Sachs & Co.. (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)(Cohen, Lisa) |
| Filing 84 MEMORANDUM OF LAW in Opposition re: #57 MOTION for Summary Judgment . . Document filed by Blackrock Financial Management, Inc., Goldentree Asset Management LP, Goldman Sachs & Co.. (Cohen, Lisa) |
| Filing 83 RESPONSE to Motion re: #57 MOTION for Summary Judgment . . Document filed by Triaxx Prime CDO 2006-1 ltd.. (Martin, Lori) |
| Filing 81 AFFIDAVIT of Nicholas J. Calamari in Opposition re: #57 MOTION for Summary Judgment .. Document filed by Triaxx Asset Management LLC. (Attachments: #1 Exhibit A - part 1 of 8, #2 Exhibit A - part 2 of 8, #3 Exhibit A - part 3 of 8, #4 Exhibit A - part 4 of 8, #5 Exhibit A - part 5 of 8, #6 Exhibit A - part 6 of 8, #7 Exhibit A - part 7 of 8, #8 Exhibit A - part 8 of 8, #9 Exhibit B, #10 Exhibit C, #11 Exhibit D, #12 Exhibit E, #13 Exhibit F, #14 Exhibit G, #15 Exhibit H)(Haveles, H.) |
| Filing 80 MEMORANDUM OF LAW in Opposition re: #57 MOTION for Summary Judgment . . Document filed by Triaxx Asset Management LLC. (Haveles, H.) |
| Filing 79 COUNTER STATEMENT TO #59 Rule 56.1 Statement. Document filed by Triaxx Asset Management LLC. (Haveles, H.) |
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Filing 82
SCHEDULING ORDER: Oral argument scheduled for April 21, 2016 is adjourned to May 3, 2016 at 12:00 p.m. SO ORDERED. (Oral Argument set for 5/3/2016 at 12:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 3/22/2016) (kko)
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Filing 78
MEMO ENDORSEMENT on re: #77 Letter filed by U.S. Bank National Association. ENDORSEMENT: SO ORDERED. Attorney Louis Arnold Russo terminated. (Signed by Judge William H. Pauley, III on 3/18/2016) (mro)
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| Filing 77 LETTER addressed to Judge William H. Pauley, III from Louis A. Russo, Esq. dated March 16, 2016 re: Request to terminate Louis Russo's association with this case. Document filed by U.S. Bank National Association.(Russo, Louis) |
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Filing 76
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge William H. Pauley, III on 3/10/2016) (mro)
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| Filing 75 ANSWER to #53 Crossclaim. Document filed by South Tryon, LLC.(Pickhardt, Jonathan) |
| Filing 74 ANSWER to #53 Crossclaim. Document filed by Goldentree Asset Management LP.(Mundiya, Tariq) |
| Filing 73 ANSWER to #53 Crossclaim. Document filed by Blackrock Financial Management, Inc..(Cohen, Lisa) |
| Filing 72 ANSWER to #53 Crossclaim. Document filed by Goldman Sachs & Co..(Cohen, Lisa) |
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Filing 71
ORDER FOR ADMISSION PRO HAC VICE granting #70 Motion for Sheila Shah to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 2/25/2016) (mro)
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| Filing 70 MOTION for Sheila Shah to Appear Pro Hac Vice /Corrected Motion to Appear Pro hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by U.S. Bank National Association. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Shah, Sheila) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #70 MOTION for Sheila Shah to Appear Pro Hac Vice /Corrected Motion 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. (bcu) |
| Filing 69 NOTICE OF APPEARANCE by Christopher Jean Bouchoux on behalf of Triaxx Prime CDO 2006-1 ltd.. (Bouchoux, Christopher) |
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Filing 68
JOINT STIPULATION AND ORDER SETTING THE TIME FOR INTERPLEADER DEFENDANTS GOLDMAN, SACHS & CO., BLACKROCK FINANCIAL MANAGEMENT, INC. AND GOLDENTREE ASSET MANAGEMENT LP TO ANSWER, MOVE OR OTHERWISE RESPOND TO THE CROSSCLAIM BY INTERPLEADER DEFENDANT TRIAXX ASSET MANAGEMENT LLC: IT IS HEREBY STIPULATED AND AGREED by and between Interpleader Defendant Triaxx Asset Management LLC (the "Collateral Manager"), and Interpleader Defendants Goldman, Sachs & Co., Blackrock Financial Management, Inc., and GoldenTree Asset Management LP (collectively the "Junior Noteholders"), that the Junior Noteholders' time to answer, move or otherwise respond to the Crossclaim filed by the Collateral Manager in the above-captioned action is hereby extended to, and includes, Thursday, March 3, 2016. SO ORDERED. Blackrock Financial Management, Inc. answer due 3/3/2016; Goldentree Asset Management LP answer due 3/3/2016; Goldman Sachs & Co. answer due 3/3/2016. (Signed by Judge William H. Pauley, III on 2/18/2016) (kko)
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Filing 67
ORDER granting #66 Letter Motion for Extension of Time to Answer re #53 Answer to Complaint, Crossclaim. So Ordered. South Tryon, LLC answer due 3/3/2016. (Signed by Judge William H. Pauley, III on 2/18/2016) (kko)
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| Filing 66 LETTER MOTION for Extension of Time to File Answer re: #53 Answer to Complaint, Crossclaim,,,,,,,, addressed to Judge William H. Pauley, III from Jonathan E. Pickhardt dated February 18, 2016. Document filed by South Tryon, LLC.(Pickhardt, Jonathan) |
| Filing 65 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/29/16 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) |
| Filing 64 TRANSCRIPT of Proceedings re: CONFERENCE held on 11/29/2016 before Judge William H. Pauley, III. Court Reporter/Transcriber: Rebecca Forman, (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 3/7/2016. Redacted Transcript Deadline set for 3/17/2016. Release of Transcript Restriction set for 5/13/2016.(McGuirk, Kelly) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #63 MOTION for Sheila Shah to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11936825. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): expired Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (sdi) |
| Filing 63 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Sheila Shah to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11936825. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by U.S. Bank National Association. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Shah, Sheila) Modified on 2/10/2016 (sdi). |
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Filing 62
ORDER: It is hereby: ORDERED, that parties in interest that wish to be heard in support of or opposition to the relief sought by the Motion for Summary Judgment shall have until March 23, 2016 (the "Intervention Deadline") to: (a) file an appearance in this action; (b) file a notice of motion to intervene, which shall attach their proposed papers in support of or in opposition to relief sought in the Motion for Summary Judgment; and (c) notify the Court whether they wish to be heard at the hearing on the Motion for Summary Judgment scheduled for April 21, 2016, at eleven o'clock in the morning thereof in courtroom 20B at the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York; and it is further ORDERED, that any such motion to intervene, attaching proposed papers in support of or in opposition to relief sought by the Motion for Summary Judgment, and any reply papers in further support of the Motion for Summary Judgment, shall be filed via the Court's Electronic Case Files ("ECF") system, followed by one set of courtesy copies, marked as such, submitted to the Court's mail receiving facility, for Chambers, as soon as practicable after filing; and it is further ORDERED, that U.S. Bank National Association solely in its capacity as Trustee (the "Trustee") for Triaxx Prime CDO 2006-1, Ltd. ("Triaxx CDO") shall prepare a notice, to be distributed in the manner described below, advising parties in interest and the Interpleader Defendants of the Intervention Deadline and the Motion for Summary Judgment (the "Trustee Notice"), on or before February 11, 2016, through the procedures, as set forth herein. (Signed by Judge William H. Pauley, III on 2/8/2016) (mro)
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| Filing 61 DECLARATION of a Representative of South Tryon, LLC in Support re: #57 MOTION for Summary Judgment .. Document filed by South Tryon, LLC. (Attachments: #1 Exhibit A)(Pickhardt, Jonathan) |
| Filing 60 DECLARATION of Jonathan E. Pickhardt in Support re: #57 MOTION for Summary Judgment .. Document filed by South Tryon, LLC. (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)(Pickhardt, Jonathan) |
| Filing 59 RULE 56.1 STATEMENT. Document filed by South Tryon, LLC. (Pickhardt, Jonathan) |
| Filing 58 MEMORANDUM OF LAW in Support re: #57 MOTION for Summary Judgment . . Document filed by South Tryon, LLC. (Pickhardt, Jonathan) |
| Filing 57 MOTION for Summary Judgment . Document filed by South Tryon, LLC. Responses due by 3/23/2016 Return Date set for 4/21/2016 at 11:00 AM.(Pickhardt, Jonathan) |
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Filing 56
SCHEDULING ORDER: Counsel for all parties having appeared for a conference on January 29, 2016, this Court orders the following: 1. South Tryon, LLC's motion for summary judgment is due by February 2, 2016; 2. Any opposition is due by March 23, 2016; 3. Any reply is due by April 5, 2016. 4. Oral argument is scheduled for April 21, 2016 at 11:00 a.m. Motions due by 2/2/2016. Responses due by 3/23/2016 Replies due by 4/5/2016. Oral Argument set for 4/21/2016 at 11:00 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 2/2/2016) (mro)
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| Filing 55 NOTICE OF CHANGE OF ADDRESS by Edward David Sherwin on behalf of Triaxx Prime CDO 2006-1 ltd.. New Address: Wilmer Cutler Pickering Hale and Dorr LLP, 7 World Trade Center, 250 Greenwich Street, New York, NY, USA 10007, 212-937-7518. (Sherwin, Edward) |
| Minute Entry for proceedings held before Judge William H. Pauley, III: Initial Pretrial Conference held on 1/29/2016. (Wood, Kyle) |
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Filing 54
NOTICE OF SUBSTITUTION OF COUNSEL AND ORDER: PLEASE TAKE NOTICE that the undersigned hereby consent to the substitution of Schindler Cohen & Hochman LLP as attorneys for Interpleader Defendant BlackRock Financial Management, Inc., in the above-captioned action, in place and instead of Warner Partners, P.C. SO ORDERED. Attorney Kenneth E. Warner terminated. (Signed by Judge William H. Pauley, III on 1/29/2016) (kl)
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| Filing 53 ANSWER to #1 Complaint,., CROSSCLAIM against Blackrock Financial Management, Inc., Goldentree Asset Management LP, Goldman Sachs & Co., South Tryon, LLC. Document filed by Triaxx Asset Management LLC. (Attachments: #1 Exhibit A Part1 - Indenture (September 7, 2006), #2 Exhibit A Part 2, #3 Exhibit A Part 3, #4 Exhibit A Part 4, #5 Exhibit A Part 5, #6 Exhibit A Part 6, #7 Exhibit B - Collateral Management Agreement, #8 Exhibit C Part 1 - Monthly Report for the CDO as of December 28, 2015, #9 Exhibit C Part 2, #10 Exhibit D - Correspondence from South Tryon dated July 15, 2015, #11 Exhibit E -Letter from Kathy Patrick dated 11/20/2015 re: BlackRock and GoldenTree's response to BWIC, #12 Exhibit F - Letter from Lisa Cohen dated 11/20/2015 re: Goldman Sach's response to BWIC, #13 Exhibit G - Letter from Peter Alderman and Stephen Ahrens dated 11/20/2015 re Goldentree and Blackrock's response to the BWIC, #14 Exhibit H - Notice to Noteholders of Triaxx Prime CDO 2006-1, Ltd. dated December 18, 2015)(Haveles, H.) |
| Filing 52 ANSWER to #1 Complaint,. Document filed by South Tryon, LLC.(Pickhardt, Jonathan) |
| Filing 51 ANSWER to #1 Complaint,. Document filed by Blackrock Financial Management, Inc..(Cohen, Lisa) |
| Filing 50 NOTICE OF APPEARANCE by Karen Marie Steel on behalf of Blackrock Financial Management, Inc.. (Steel, Karen) |
| Filing 49 NOTICE OF APPEARANCE by Lisa C. Cohen on behalf of Blackrock Financial Management, Inc.. (Cohen, Lisa) |
| Filing 48 ANSWER to #1 Complaint,. Document filed by Goldentree Asset Management LP.(Mundiya, Tariq) |
| Filing 47 ANSWER to #1 Complaint,. Document filed by Goldman Sachs & Co..(Cohen, Lisa) |
| Filing 46 ANSWER to #1 Complaint,. Document filed by Triaxx Prime CDO 2006-1 ltd..(Martin, Lori) |
| Filing 45 LETTER addressed to Judge William H. Pauley, III from Lisa C. Cohen dated January 22, 2016 re: response to Interpleader Defendant South Tryon, LLC's pre-motion letter. Document filed by Goldman Sachs & Co..(Cohen, Lisa) |
| Filing 44 LETTER addressed to Judge William H. Pauley, III from Lori A. Martin dated January 22, 2016 re: in response to pre-motion letter of Interpleader Defendant South Tryon, LLC,. Document filed by Triaxx Prime CDO 2006-1 ltd..(Martin, Lori) |
| Filing 43 LETTER addressed to Judge William H. Pauley, III from Michael E. Johnson dated January 22, 2016 re: in response to Interpleader-Defendant South Tryon, LLC's pre-motion letter [Dkt. No. 34] regarding a proposed motion for summary judgment. Document filed by U.S. Bank National Association.(Johnson, Michael) |
| Filing 42 LETTER addressed to Judge William H. Pauley, III from Eric Whitney dated January 22, 2016 re: response to the Pre-Motion Letter re: South Tryon's Proposed Motion for Summary Judgment. (Docket Item 34). Document filed by Triaxx Asset Management LLC.(Whitney, Eric) |
| Filing 41 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Triaxx Holdco, LLC for Triaxx Asset Management LLC. Document filed by Triaxx Asset Management LLC.(Whitney, Eric) |
| Filing 40 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Triaxx Prime CDO 2006-1 ltd. served on 1/5/2016, answer due 1/28/2016. Service was made by Electronic Mail. Document filed by U.S. Bank National Association. (Russo, Louis) |
| Filing 39 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Triaxx Asset Management LLC served on 1/6/2016, answer due 1/28/2016. Service was made by Electronic Mail. Document filed by U.S. Bank National Association. (Russo, Louis) |
| Filing 38 SUMMONS RETURNED EXECUTED Summons and Complaint, served. South Tryon, LLC served on 1/5/2016, answer due 1/28/2016. Service was made by Electronic Mail. Document filed by U.S. Bank National Association. (Russo, Louis) |
| Filing 37 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Goldman Sachs & Co. served on 1/5/2016, answer due 1/28/2016. Service was made by Electronic Mail. Document filed by U.S. Bank National Association. (Russo, Louis) |
| Filing 36 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Goldentree Asset Management LP served on 1/5/2016, answer due 1/28/2016. Service was made by Electronic Mail. Document filed by U.S. Bank National Association. (Russo, Louis) |
| Filing 35 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Blackrock Financial Management, Inc. served on 1/7/2016, answer due 1/28/2016. Service was made by Electronic Mail. Document filed by U.S. Bank National Association. (Russo, Louis) |
| Filing 34 LETTER addressed to Judge William H. Pauley, III from Jonathan E. Pickhardt dated January 18, 2016 re: Pre-Motion Letter re: South Tryon's Proposed Motion for Summary Judgment. Document filed by South Tryon, LLC.(Pickhardt, Jonathan) |
| Filing 33 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Goldentree Asset Management LP.(Mundiya, Tariq) |
| Filing 32 NOTICE OF APPEARANCE by Edward David Sherwin on behalf of Triaxx Prime CDO 2006-1 ltd.. (Sherwin, Edward) |
| Filing 31 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent No Corporate Parent for Triaxx Prime CDO 2006-1 ltd.. Document filed by Triaxx Prime CDO 2006-1 ltd..(Martin, Lori) |
| Filing 30 NOTICE OF APPEARANCE by Lori Ann Martin on behalf of Triaxx Prime CDO 2006-1 ltd.. (Martin, Lori) |
| Filing 29 NOTICE OF CHANGE OF ADDRESS by Eric Nevins Whitney on behalf of Triaxx Asset Management LLC. New Address: Kaye Scholer LLP, 250 West 55th Street, New York, New York, USA 10019-9710, (212) 836-8000. (Whitney, Eric) |
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Filing 28
SCHEDULING ORDER: Counsel for all parties except Triaxx Prime CDO 2006-1, Ltd. having appeared for a teleconference on January 7, 2016, this Court orders the following: 1. All counsel are directed to file notices of appearance forthwith; 2. All parties represented by counsel who appeared at the teleconference have agreed to accept service of the Interpleader Complaint. If Triaxx Prime CDO 2006-1, Ltd. objects to accepting service forthwith, its counsel shall submit a letter memorandum to this Court by January 11, 2016 explaining why; 3. Any party seeking to file a motion for summary judgment or other motion in response to the Interpleader Complaint must file a pre-motion letter by January 18, 2016; 4. Any opposition to pre-motion letters are due by January 22, 2016; 5. Answers to the Interpleader Complaint should be filed no later than January 28, 2016; 6. An initial pretrial conference and any pre-motion conferences are scheduled for January 29, 2016 at 12:00 p.m.; and 7. Scheduling of South Tryon, LLC's motion for summary judgment by order to show cause is held in abeyance until the January 29, 2016 conference. Initial Conference set for 1/29/2016 at 12:00 PM before Judge William H. Pauley III. Pre-Motion Conference set for 1/29/2016 at 12:00 PM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 1/7/2016) (mro)
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| Set/Reset Deadlines: Blackrock Financial Management, Inc. answer due 1/28/2016; Goldentree Asset Management LP answer due 1/28/2016; Goldman Sachs & Co. answer due 1/28/2016; South Tryon, LLC answer due 1/28/2016; Triaxx Asset Management LLC answer due 1/28/2016; Triaxx Prime CDO 2006-1 ltd. answer due 1/28/2016. (mro) |
| Filing 27 NOTICE OF APPEARANCE by Eric Nevins Whitney on behalf of Triaxx Asset Management LLC. (Whitney, Eric) |
| Filing 26 NOTICE OF APPEARANCE by H. Peter Haveles, Jr on behalf of Triaxx Asset Management LLC. (Haveles, H.) |
| Filing 25 NOTICE OF APPEARANCE by Tariq Mundiya on behalf of Goldentree Asset Management LP. (Mundiya, Tariq) |
| Filing 24 NOTICE OF APPEARANCE by Kenneth E. Warner on behalf of Blackrock Financial Management, Inc.. (Warner, Kenneth) |
| Filing 23 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent The Goldman Sachs Group, Inc. for Goldman Sachs & Co.. Document filed by Goldman Sachs & Co..(Cohen, Lisa) |
| Filing 22 NOTICE OF APPEARANCE by Karen Marie Steel on behalf of Goldman Sachs & Co.. (Steel, Karen) |
| Filing 21 NOTICE OF APPEARANCE by Lisa C. Cohen on behalf of Goldman Sachs & Co.. (Cohen, Lisa) |
| Filing 20 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by South Tryon, LLC.(Pickhardt, Jonathan) |
| Filing 19 NOTICE OF APPEARANCE by Blair Alexander Adams on behalf of South Tryon, LLC. (Adams, Blair) |
| Filing 18 NOTICE OF APPEARANCE by Jonathan Pickhardt on behalf of South Tryon, LLC. (Pickhardt, Jonathan) |
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Filing 17
ORDER: Interpleader Defendant South Tryon, LLC having presented a motion for Summary Judgment by Order to Show Cause, this Court orders as follows: 1. Counsel for Defendant South Tryon, LLC shall confer with all other counsel in the action for the purpose of exploring a briefing schedule for the summary judgment motion and a means of providing notice of this action to all "parties in interest." 2. In the event the parties cannot agree, this Court will conduct a teleconference at 10:00 a.m. on January 7, 2016. 3. Counsel for South Tryon, LLC is directed to provide this Court and all parties with a dial-in number for the conference. 4. Counsel for South Tryon, LLC is directed to serve copies of this Order, and all accompanying motion papers, on all parties and identified counsel for the parties by e-mail, and hand delivery if practicable, as soon as possible. ( Telephone Conference set for 1/7/2016 at 10:00 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 1/6/2016) (mro)
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| Filing 16 ELECTRONIC SUMMONS ISSUED as to Goldentree Asset Management LP. (laq) |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Blackrock Financial Management, Inc.. (laq) |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Goldman Sachs & Co.. (laq) |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to South Tryon, LLC. (laq) |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Triaxx Asset Management LLC. (laq) |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Triaxx Prime CDO 2006-1 ltd.. (laq) |
| Filing 10 NOTICE OF APPEARANCE by Louis Arnold Russo on behalf of U.S. Bank National Association. (Russo, Louis) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge William H. Pauley, III. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (laq) |
| Magistrate Judge Andrew J. Peck is so designated. (laq) |
| Case Designated ECF. (laq) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to GoldenTree Asset Management LP, re: #1 Complaint,. Document filed by U.S. Bank National Association. (Johnson, Michael) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to BlackRock Financial Management, Inc., re: #1 Complaint,. Document filed by U.S. Bank National Association. (Johnson, Michael) |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Goldman Sachs & Co., re: #1 Complaint,. Document filed by U.S. Bank National Association. (Johnson, Michael) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to South Tryon, LLC, re: #1 Complaint,. Document filed by U.S. Bank National Association. (Johnson, Michael) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Triaxx Asset Management LLC (f/k/a ICP Asset Management LLC), re: #1 Complaint,. Document filed by U.S. Bank National Association. (Johnson, Michael) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Triaxx Prime CDO 2006-1 Ltd., re: #1 Complaint,. Document filed by U.S. Bank National Association. (Johnson, Michael) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent U.S. Bancorp for U.S. Bank National Association. Document filed by U.S. Bank National Association.(Johnson, Michael) |
| Filing 2 CIVIL COVER SHEET filed. (Johnson, Michael) |
| Filing 1 COMPLAINT against Blackrock Financial Management, Inc., Goldentree Asset Management LP, Goldman Sachs & Co., South Tryon, LLC, Triaxx Asset Management LLC, Triaxx Prime CDO 2006-1 ltd.. (Filing Fee $ 400.00, Receipt Number 0208-11789429)Document filed by U.S. Bank National Association.(Johnson, Michael) |
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