Kirschner, v. JP Morgan Chase Bank, N.A. et al
Plaintiff: Marc S. Kirschner
Defendant: JP Morgan Chase Bank, N.A., J.P. Morgan Securities LLC, Citibank, N.A., Citibank Global Markets Inc., Bank of Montreal, BMO Capital Markets Corp., SunTrust Robinson Humphrey, Inc., SunTrust Bank and Citigroup Global Markets Inc. s/h/a Citibank Global Markets Inc.
Case Number: 1:2017cv06334
Filed: August 21, 2017
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Paul G. Gardephe
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. ยง 1446
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
September 30, 2021 Opinion or Order Filing 181 ORDER for 169 Report and Recommendations, 132 Motion for Leave to File Document filed by Marc S. Kirschner. The R&R (Dkt. No. 169) is adopted as set forth above. Plaintiff's motion to file an amended complaint is denied. The Clerk of Court is directed to terminate the motion (Dkt. No. 132), and to close this case. So Ordered. (Signed by Judge Paul G. Gardephe on 9/30/21) (yv)
October 19, 2020 Opinion or Order Filing 166 SEALING ORDER granting 162 Letter Motion to Seal. The Letter-Motion at ECF No. 162 to file portions of the documents at ECF No. 165 with redactions is GRANTED. The documents filed at ECF No. 164 shall be visible only to the parties in this action. The Clerk of Court is respectfully directed to close the Letter-Motion at ECF No. 162. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 10/19/20) (yv)
October 15, 2020 Opinion or Order Filing 160 SEALING ORDER granting 159 Letter Motion to Seal. The Letter-Motion at ECF No. 159 to file portions of the documents at ECF No. 156 with redactions is GRANTED. The documents filed at ECF No. 156 shall be visible only to the parties in this action. Plaintiff is directed to re-file the slides with the requested redaction. The Clerk of Court is respectfully directed to close the Letter-Motion at ECF No. 159. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 10/15/2020) (kv)
August 18, 2020 Opinion or Order Filing 152 AMENDED ORAL ARGUMENT SCHEDULING ORDER granting 151 Letter Motion to Adjourn Conference: Oral Argument on the Motion for Leave to file the PAC currently scheduled for Friday, September 25, 2020 at 11:00 am is RESCHEDULED to Thursday, October 8 at 11:00 am in Courtroom 18A, 500 Pearl Street, New York, New York. If the parties would prefer that oral arguments take place by telephone or videoconference, they must jointly email Chambers at Cave_NYSDChambers@nysd.uscourts.com, one week befor e the scheduled argument. The Clerk of Court is respectfully directed to close the Letter Motion at ECF No. 151. (Oral Argument set for 10/8/2020 at 11:00 AM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 8/18/2020) (jwh)
August 13, 2020 Opinion or Order Filing 150 SCHEDULING ORDER mooting 110 Letter Motion for Conference ; granting 131 Letter Motion to Seal; granting 138 Letter Motion to Seal; granting 142 Letter Motion for Oral Argument. Plaintiff's motion at ECF No. 131 and Defendants' m otion at ECF No. 138 to seal portions of the Proposed Amended Complaint ("PAC") and an associated exhibit are GRANTED. The parties shall coordinate as necessary to file the redacted PAC on the docket. The requests at ECF No. 131 and ECF N o. 142 for Oral Argument on the Motion for Leave to file the PAC are GRANTED. Oral argument will be heard on Friday, September 25, 2020 at 11:00 am in Courtroom 18A, 500 Pearl Street, New York, New York. If the parties would prefer that oral argum ents take place by telephone or videoconference, they must jointly email Cave_NYSDChambers@nysd.uscourts.com, one week before the scheduled argument. The Clerk of Court is respectfully directed to close the Letter Motion at ECF No. 110 as moot, and to close the Motions at ECF Nos. 131, 138, and 142. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 8/13/20) (yv)
August 12, 2020 Opinion or Order Filing 149 ORDER GRANTING STAY OF DISCOVERY PENDING RULING ON MOTION FOR LEAVE TO AMEND. The Motion to Stay is GRANTED and discovery is stayed pending the ruling on the Motion for Leave. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 8/12/20) (yv)
May 22, 2020 Opinion or Order Filing 119 MEMORANDUM OPINION AND ORDER re: 84 LETTER MOTION for Oral Argument addressed to Judge Paul G. Gardephe from Christopher Viapiano dated June 28, 2019. filed by J.P. Morgan Securities LLC, JP Morgan Chase Bank, N.A., 86 LETT ER MOTION for Oral Argument addressed to Judge Paul G. Gardephe from David H. Wollmuth dated June 28, 2019. filed by Marc S. Kirschner,, 76 MOTION to Dismiss Complaint. filed by J.P. Morgan Securities LLC, JP Morgan Chase Bank, N.A., 114 MOTION for Leave to File Amended Complaint . filed by Marc S. Kirschner,, 62 MOTION to File Amicus Brief . filed by Loan Syndications and Trading Association. For the reasons stated herein, Defenda nts' motion to dismiss (Dkt. No. 76) is granted. Plaintiff's motion for leave to amend (Dkt. No. 114) is denied. The motion for leave to file a brief as amicus curiae, submitted by the Loan Syndications and Trading Association and Ban k Policy Institute (Dkt. No. 62), is denied. The parties' motions for oral argument (Dkt. Nos. 84, 86) are denied. Plaintiff will file any motion for leave to amend by June 5, 2020. The Clerk of Court is directed to terminate the motions (Dkt. Nos. 62, 76, 84, 86, 114). SO ORDERED. (Motions due by 6/5/2020.) (Signed by Judge Paul G. Gardephe on 5/22/2020) (jca)
March 24, 2020 Opinion or Order Filing 107 JOINT STIPULATION AND ORDER REGARDINGNON-WAIVER OF PRIVILEGE...regarding procedures to be followed that shall govern the handling of confidential material...So Ordered. (Signed by Magistrate Judge Sarah L Cave on 3/24/20) (yv)
January 15, 2020 Opinion or Order Filing 96 ORDER DENYING STAY OF DISCOVERY PENDING MOTION TO DISMISS AND SCHEDULING CASE MANAGEMENT CONFERENCE: For the reasons set forth above, the Court finds that a further stay of discovery is not warranted, and that discovery should continue, as it has bee n, in coordination with the Delaware Action. Accordingly, this action having been referred to this Court for general pretrial supervision, a case management conference will be held on Tuesday, February 25, 2020 at 10:00 am, in Courtroom 18A, 500 Pear l Street, New York, New York. It is further ORDERED that counsel shall meet and confer in accordance with Fed. R. Civ. P. 26(f) no later than 21 days before the Case Management Conference. No later than one week (seven (7) calendar days) before the c onference, the parties shall file a Report of Rule 26(f) Meeting and Proposed Case Management Plan, via ECF, signed by counsel for each party. A template is available at https://www.nysd.uscourts.gov/hon-sarah-l-cave. To the extent the parties are in disagreement about any portion of the Proposed Case Management Plan, they may set forth their respective proposals for the disputed provision, without argument. SO ORDERED., ( Case Management Conference set for 2/25/2020 at 10:00 AM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 1/15/2020) (ama)
January 7, 2020 Opinion or Order Filing 95 ORDER granting 93 Letter Motion to Adjourn Conference. The telephone conference currently scheduled for January 9, 2020 is ADJOURNED to Friday, January 10, 2020 at 3:30 pm. The parties are directed to jointly call Chambers at that time. The Clerk of Court is respectfully directed to close the Letter-Motion at ECF No. 93. SO ORDERED. (Telephone Conference set for 1/10/2020 at 03:30 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 1/7/20) (yv)
September 24, 2018 Opinion or Order Filing 38 ORDER. For the reasons stated above, Plaintiff's motion to remand is denied. The Clerk of Court is directed to terminate the motion. (Dkt. No. 26). So ordered. Denying 26 Motion to Remand to State Court. (Signed by Judge Paul G. Gardephe on 9/21/2018) (rjm)
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Plaintiff: Marc S. Kirschner
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Defendant: JP Morgan Chase Bank, N.A.
Represented By: Mary Beth Forshaw
Represented By: Isaac Martin Rethy
Represented By: William Thomas Russell, Jr.
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Defendant: J.P. Morgan Securities LLC
Represented By: Mary Beth Forshaw
Represented By: Isaac Martin Rethy
Represented By: William Thomas Russell, Jr.
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Defendant: Citibank, N.A.
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Defendant: Citibank Global Markets Inc.
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Defendant: Bank of Montreal
Represented By: Stephen Mark Dollar
Represented By: David Barry Schwartz
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Defendant: BMO Capital Markets Corp.
Represented By: Stephen Mark Dollar
Represented By: David Barry Schwartz
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Defendant: SunTrust Robinson Humphrey, Inc.
Represented By: John Emmett Murphy
Represented By: John C. Toro
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Defendant: SunTrust Bank
Represented By: John Emmett Murphy
Represented By: John C. Toro
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Defendant: Citigroup Global Markets Inc. s/h/a Citibank Global Markets Inc.
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