Zohar CDO 2003-1, Ltd. et al v. Patriarch Partners, LLC et al
| Zohar CDO 2003-1, Ltd., Zohar II 2005-1, Ltd. and Zohar III, Ltd. |
| Patriarch Partners, LLC, Patriarch Partners VIII, LLC, Patriarch Partners XIV, LLC, Patriarch Partners XV, LLC, Octaluna LLC, Octaluna II LLC, Octaluna III LLC, ARK II CLO 2001-1, LLC, ARK Investment Partners II, L.P. and Lynn Tilton |
| 1:2017cv00307 |
| January 16, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| William H. Pauley |
| Racketeer Influenced and Corrupt Organizations |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
237
ORDER: All parties to this action, i.e. plaintiff, defendant, third-party plaintiff, third-party defendant, counterclaimant, or counterclaim-defendant, shall meet and confer on the status of all claims in this action and file a report to the Court by December 21, 2022. The conferral and reporting requirement shall not apply to any party as to whom a stay by operation of section 362 of the Bankruptcy Code applies. The status report shall identify all claims that remain pending in this action and report on their status, including those stayed by reason of the Court's Opinion and Order of September 29, 2021. Any claim not so identified will be dismissed with prejudice. As to any claim not stayed (1) by reason of the bankruptcy stay; or (2) the Court's Opinion and Order of September 29, 2021, the report to the Court shall identify those actions necessary to bring the claim to conclusion. (Signed by Judge P. Kevin Castel on 11/28/2022) (rro)
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Filing
233
ORDER granting 232 Letter Motion to Stay re: 232 LETTER MOTION to Stay re: 227 Case Management Plan,,, addressed to Judge P. Kevin Castel from Akiva Shapiro dated September 21, 2022. All deadlines are stayed until Novem ber 11 in contemplation of settlement. If the action is not settled by then, the parties shall file on or before November 11 a comprehensive schedule to bring the action to trial. he November 25 conference is adjourned to November 28 at 11:00 a.m. SO ORDERED.. (Signed by Judge P. Kevin Castel on 9/23/2022) (kv)
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Filing
231
STIPULATION AND ORDER FOR THE EXCHANGE OF CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material. And as set forth herein. SO ORDERED. (Signed by Judge P. Kevin Castel on 9/02/2022) (ama)
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Filing
219
ORDER: granting 218 Letter Motion for Extension of Time to File. Application GRANTED in its entirety. SO ORDERED. (Signed by Judge P. Kevin Castel on 10/08/2021) (ama)
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Filing
217
ORDER: It was appropriate for the Court to sub silentio deny the Patriarch Parties' pro forma request to amend on page 80 of their Memorandum. TechnoMarine SA v. Giftports, Inc., 758 F.3d 493, 505 (2d Cir. 2014) ("A plaintiff need not be g iven leave to amend if it fails to specify... how amendment would cure the pleading deficiencies in its complaint."). Upon reconsideration, the Court adheres to its denial of the Patriarch Parties' request to amend. If the Patriarch Partie s wish to move to amend, they may file a motion by October 15, 2021, annexing a proposed pleading marked to show changes and explaining why the amendments would not be futile. And as set forth herein. SO ORDERED., ( Motions due by 10/15/2021.) (Signed by Judge P. Kevin Castel on 10/07/2021) (ama)
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Filing
214
OPINION AND ORDER: re: 189 MOTION to Dismiss filed by Halcyon Capital Management LP, Cooperatieve Rabobank U.A., Credit Value Partners, LP, Varde Partners, Inc., 190 THIRD PARTY MOTION to Dismiss Third-Party Complaint filed by Alvarez & Marsa l Zohar Management, LLC. All claims against "MBIA Inc." are dismissed. The Third-Party Defendants' motions are granted in part and denied in part. Counts 1 through 12 are dismissed, Count 13 is stayed pending certain determinations of the Delaware Bankruptcy Court, Counts 14 through 17 are dismissed, Counts 18 and 19 are dismissed except for the books-and-records-related claims, Count 20 is dismissed, and Counts 21 and 22 are stayed pending certain determinations of the Delaware Bankruptcy Court. The Clerk is respectfully directed to administratively terminate the motions (Doc 189 & 190), subject to reinstatement as to Counts 13, 21 and 22 at the request of aparty after the Delaware Bankruptcy Court rules on certain underlying issues. SO ORDERED., MBIA Insurance Corporation, MBIA Insurance Corporation, MBIA Inc. and MBIA Inc. terminated. (Signed by Judge P. Kevin Castel on 9/29/2021) (ama)
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Filing
169
OPINION AND ORDER re: 154 MOTION to Transfer Case / Third-Party Defendants MBIA Inc.'s, MBIA Insurance Corporation's, Credit Value Partners, LP's, Halcyon Capital Management LP's, Cooperatieve Rabobank U.A.'s and V arde Partners, Inc.'s Notice filed by Halcyon Capital Management LP, Cooperatieve Rabobank U.A., MBIA Insurance Corporation, MBIA Inc., Credit Value Partners, LP, Varde Partners, Inc., 151 MOTION to Transfer Case - Zohar Fu nd's Notice of Motion to Transfer Venue. filed by Zohar II 2005-1, Ltd., Zohar III, Ltd., Zohar CDO 2003-1, Ltd.. For the foregoing reasons, the Zohar Funds motion to transfer this case is denied. The Clerk of Court is directed to terminate the motions pending at ECF Nos. 151 and 154. SO ORDERED. (Signed by Judge William H. Pauley, III on 9/18/2020) (kv)
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Filing
125
OPINION & ORDER: The parties having appeared for a pre-motion conference on February 28, 2018, this Court enters the following briefing schedule on consent: 1. Plaintiff Zohar CDO 2003-1, Ltd., et al., and the Third Party Defendants shal l file their opposition to Third Party Plaintiff Patriarch Partners, LLC, et al.'s memorandum of law in support of Third-Party Complaint Jurisdiction (ECF No. 117) by March 16, 2018. 2. Patriarch Partners shall file its Reply by March 30, 2 018. 3. Plaintiff and Third Party Defendants shall file their Surreply by April 10, 2018. Absent this Court's determination that oral argument is necessary, the motion shall be resolved on submission. (Signed by Judge William H. Pauley, III on 2/28/2018) (mro)
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Filing
105
OPINION AND ORDER: re: 53 MOTION to Dismiss filed by Patriarch Partners XV, LLC, Patriarch Partners XIV, LLC, ARK Investment Partners II, L.P., For the foregoing reasons, Defendants' motion to dismiss is granted. Consistent with the Joint Sti pulation and Order dated December 15, 2017, Zohar and the Third Party Defendants should respond to Defendants' Third Party Complaint by January 12, 2018. Separately, Defendants shall provide an explanation as to why this Court should retain juri sdiction over their claims in the Third Party Complaint and why their third-party claims qualify as an impleader action under Rule 14 by no later than January 26, 2018. The Clerk of Court is directed to terminate all pending motions on the docket. SO ORDERED. (Signed by Judge William H. Pauley, III on 12/29/2017) (ama)
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