U.S. Bank National Association v. Triaxx Asset Management LLC et al
| U.S. Bank National Association |
| Triaxx Asset Management LLC, Triaxx Prime CDO 2006-1, Ltd., Triaxx Prime CDO 2006-2, Ltd., Triaxx Prime CDO 2007-1, Ltd., South Tryon, LLC, Pacific Investment Management Company, LLC, Phoenix Real Estate Solutions Ltd. and Cede & Co. |
| 1:2018cv04044 |
| May 4, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Victor Marrero |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
540
ORDER: As discussed during today's proceedings: The parties shall file their post-trial proposed findings of fact and conclusions of law no later than May 22, 2023. The post-trial submissions shall not exceed 35 pages in length, except tha t Citi may submit an additional 10 pages (for a total of 45 pages for both Noteholders). The page limits do not apply to attachments, e.g., charts, graphs, or demonstratives. There is no need to attach exhibits admitted at trial. Electronic courtes y copies of all post-trial submissions shall be emailed in Microsoft Word format to Moses_NYSDChambers@nysd.uscourts.gov. The parties may present closing arguments on May 31, 2023, at 1:00 p.m. The Court will issue an order confirming the lo cation closer to the date of the arguments. The Trustee, the TAM Parties, the Noteholders, and the Issuers shall each be limited to 45 minutes of argument. Parties who wish to make use of technological aides during closing arguments shall contact Courtroom Deputy Tamika Kay at (212) 805-0228 to make the appropriate arrangements. (Closing Arguments set for 5/31/2023 at 01:00 PM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 4/21/2023) (rro)
|
|
Filing
526
ORDER granting in part and denying in part 483 Motion in Limine; granting 488 Motion in Limine; denying 490 Motion in Limine. For the reasons discussed during today's final pretrial conference, it is hereby ORDERED as follows: 1. M otions in Limine. a. The TAM Parties' motion in limine (Dkt. 483) is GRANTED IN PART. The Savino deposition designations regarding the SEC Matters (as defined in the TAM Parties' memorandum of law (Dkt. 484)) are hereby EXCLUDED, as is Tri al Exhibit 2008. The TAM Parties' motion is otherwise DENIED. b. The Noteholders' unopposed motion in limine (Dkt. 488) is GRANTED. Trial Exhibit 3505 is hereby EXCLUDED. c. The Trustee's and Noteholders' motion in limine (Dkt. 49 0) is DENIED. 2. Order of Trial. Trial will commence at 9:30 a.m. on Monday, April 17, 2023, and will proceed from 9:30 a.m. to 4:30 p.m. that day and each day thereafter (with short morning and afternoon breaks and approximately one hour for lunch) through Friday, April 21, 2023, unless sooner concluded. The Clerk of Court is respectfully directed to close the motions at Dkts. 483, 488, and 490. (Signed by Magistrate Judge Barbara C. Moses on 4/11/2023) (ate)
|
|
Filing
495
ORDER: The trial scheduled to commence on April 17, 2023, at 9:30 a.m., will take place in Courtroom 20C at the Daniel Patrick Moynihan United States Courthouse. The final pretrial conference, scheduled for April 11, 2023, at 10:00 a.m., will be hel d in Courtroom 20A. (See Dkt. 449 paragraph 6.) The TAM Parties may present Mr. Moon's trial testimony via videoconference "if, at the time of trial, he cannot travel to New York City based upon the advice of his doctors." (Dkt. 493.) The TAM Parties shall (a) advise all parties and the Court, no later than April 11, 2023, whether Mr. Moon will testify in person or by videoconference; (b) if by videoconference, provide a supporting letter from one of Mr.Moon's physicians; and (c) make all necessary technical arrangements, and bear the associated costs, for any remote testimony by Mr. Moon. Additionally, the TAM Parties shall advise all parties and the Court promptly if for any reason Mr. Moon is unable to testify (eithe r in person or remotely) at trial, so that the Court can consider alternatives to his live trial testimony and further set forth in this Order. (Final Pretrial Conference set for 4/11/2023 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 3/22/2023) (rro) Modified on 3/22/2023 (rro).
|
|
Filing
461
ORDER terminating 451 Letter Motion for Conference re: 451 LETTER MOTION for Conference addressed to Magistrate Judge Barbara C. Moses from Matthew R. Maron dated 1/30/2023., 455 LETTER MOTION to Seal Trustee's Resp onse Letter to the January 30, 2023 Letter Motion addressed to Magistrate Judge Barbara C. Moses from Alexander S. Lorenzo dated February 1, 2023. ; denying 455 Letter Motion to Seal. The Trustee's February 1, 2023 letter-motion (Dkt. 45 5) to seal the unredacted version of its February 1, 2023 letter-brief (Dkt. 456) is DENIED. The unredacted letter-brief at Dkt. 456 will be unsealed. The Clerk of Court is respectfully directed to close the motions at Dkt. 451 (resolved by means of the telephonic conference held this afternoon) and Dkt. 455. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 2/7/23) (yv)
|
|
Filing
449
ORDER: No later than February 22, 2023, the parties shall file on ECF and email a courtesy copy in Word format (to Moses_NYSDChambers@nysd.uscourts.gov)their proposed Joint Pretrial Order (JPTO) in accordance with this Court's Individual Rules of Practice. The parties are reminded that preparation of the JPTO requires close cooperation between counsel, who must exchange information and drafts well in advance of the due date in order to meet that due date. The JPTO must include, am ong other things,"[a]ll stipulations or agreed statements of fact or law." Moses Ind. Prac. § 4(b)(vii). In this case, the Court expects the parties' stipulations of fact and agreed statements of law to be robust. The JPTO must also include witness lists, deposition designations, and exhibit lists.Id. §§ 4(b)(viii)-(x). It is ordinarily the plaintiff's responsibility to coordinate with defendants' counsel, to file the joint document on ECF, and to advi se the Court promptly of any difficulties encountered in the preparation process. In this action, the Court requests that U.S. Bank National Association fill that role. No later than March 17, 2023, the parties shall file any motions in limine, inc luding copies of the challenged exhibits or testimony. Responses shall be filed no later than March 31, 2023. The parties shall appear for a final pretrial conference on April11, 2023, at 10:00 a.m. Each party's principal trial counsel must a ttend, must be prepared to discuss any remaining pretrial matters, and must be fully informed as to the availability of that party's witnesses during the week of April 17, 2023, including any potential scheduling difficulties. Trial shall comm ence on April 17, 2023, at 9:30 a.m., in Courtroom 20A at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY10007. The parties must bring their original pre-marked exhibits and original witness affidavits with them to the trial. If the parties would like a settlement referral to a magistrate judge of this Court(other than the trial judge), they may so request by letter. (Motions due by 3/17/2023., Pretrial Order due by 2/22/2023., Responses due by 3/31/20 23, Final Pretrial Conference set for 4/17/2023 at 09:30 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses., Jury Trial set for 4/17/2023 at 09:30 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 9/19/2022) (rro)
|
|
Filing
445
ORDER: The parties having confirmed that the trial of this action will before the Court, without a jury, and is estimated to require approximately one week, it is hereby ORDERED that after conferring with one another they shall submit a joint let ter, no later than September 14, 2022, selecting one of the Court's available weeks in February or April 2023 for trial. The parties shall also propose dates for the filing of: The proposed joint pretrial order, in accordance with Moses Ind. P rac. § 4(b); Statements of the elements and summaries of supporting facts, in accordance with Moses Ind. Prac. § 4(c)(ii), or proposed findings of fact and conclusions of law; Pretrial memoranda, if desired; Limine motions, if any; Direct testimony in declaration or affidavit form; The final pretrial conference. (Signed by Magistrate Judge Barbara C. Moses on 9/7/2022) (rro)
|
|
Filing
436
ORDER: Pursuant to the agreement among the parties, the Court orders the following briefing schedule on PIMCO's letter-motion, filed on July 7, 2022 (Dkt. No. 434): 1. Opposition letters are due July 26, 2022. 2. Reply letters are du e August 8, 2022. The conference previously scheduled for July 13, 2022, is ADJOURNED to August 29, 2022. The parties shall file their joint status update no later than August 22, 2022. SO ORDERED. ( Responses due by 7/26/2022, Replies due by 8/8/2022.) (Signed by Magistrate Judge Barbara C. Moses on 7/12/2022) (vfr)
|
|
Filing
432
ORDER granting 430 Letter Motion to Seal; granting 431 Letter Motion for Extension of Time to Complete Discovery. Application GRANTED. The Letter (Dkt. No. 431) may be filed under seal. The TAM Parties shall file a redacted version on the publi c docket, only redacting the sensitive information. The extension of the fact deposition deadline requested in the Letter (Dkt. No. 431) is GRANTED. The fact deposition deadline is extended to July 22, 2022. The status conference scheduled for July 1 3, 2022 will proceed as scheduled. The deadline for the parties to submit their joint status update letter is EXTENDED to July 8, 2022. SO ORDERED. ( Deposition due by 7/22/2022.) (Signed by Magistrate Judge Barbara C. Moses on 6/29/2022) (vfr)
|
|
Filing
423
ORDER: For the reasons stated on the record during today's conference: 1. PIMCO's letter-application for a protective order (Dkt. No. 414) is GRANTED INPART, as follows: a. Depositions of PIMCO Senior Business Personnel. The TAM Parties may take the deposition of either Sharad Bansal or Alfred Murata, for a maximum of 3.5 hours. The TAM Parties shall promptly advise PIMCO as to which witness will be deposed. b. Deposition of In-House Counsel. The TAM Parties may not take the de position of Richard LeBrun. This ruling on this issue is without prejudice to the TAM Parties' right to revisit the issue after the depositions of the PIMCO business personnel if it appears, at that time, that LeBrun could provide testimon y within the scope of Fed. R. Civ. P. 26(b)(1). 2.The Stein deposition may take place on June 3, 2022. 3. The status conference previously scheduled for June 6, 2022 is ADJOURNED to June 13, 2022, at 10:00 a.m. No later than June 6, 2022, the parties shall submit their joint status update letter outlining the progress of discovery to date, as well any settlement efforts. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 4/21/2022) ( Status Conference set for 6/13/2022 at 10:00 AM before Magistrate Judge Barbara C. Moses.) (ks)
|
|
Filing
415
ORDER granting 414 Letter Motion for Local Rule 37.2 Conference. Application GRANTED to the extent that the Court will hold a discovery conference on April 21, 2022 at 10:00 a.m. in Courtroom 20A of the Daniel Patrick Moynihan United States Cour thouse. TAM Parties' opposition to this letter-motion is due no later than April 13, 2022 with PIMCO's optional reply due no later than April 15, 2022. Moses Ind. R. Prac. § 2(e). SO ORDERED. Discovery Hearing set for 4/21/2022 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.. (Signed by Magistrate Judge Barbara C. Moses on 4/12/2022) (rro)
|
|
Filing
411
ORDER: For these reasons, as further discussed during the February 11, 2022 conference, the Court concludes that in the interest of judicial economy, and to avoid prejudicing the parties to either of the presently consolidated actions, the Co mplaint now on file in Case No. 18-CV-4044 at ECF No. 406 shall be and it hereby is SEVERED pursuant to Fed. R. Civ. P. 21. The Clerk of Court is respectfully directed to de-consolidate Case No. 21-CV-11019 from Case No. 18-CV-4044 and to reop en the docket of Case No. 21-CV-11019. The parties are directed to file the Complaint, Consent, and letter-application now docketed in Case No. 18-CV-4044 at ECF Nos. 406, 408 and 409 (all of which relate solely to the New Action) on the docket of Case No. 21-CV-11019 instead. Although de-consolidated, Case No. 21-CV-11019 shall remain marked as related to Case No. 18-CV-4044. (Signed by Magistrate Judge Barbara C. Moses on 2/15/2022) Filed In Associated Cases: 1:18-cv-04044-BCM, 1:21-cv-11019-BCM (rro)
|
|
Filing
410
ORDER terminating 409 Letter Motion for Extension of Time to File. The Court will conduct a scheduling conference on February 11, 2022, at 10:30 a.m. The conference will be conducted using the Court's videoconferencing technology (Microsoft Teams). Members of the public may dial in to the audio-only line: (917) 933-2166, 253507310#. Chambers will email a video link to counsel. At the conference, counsel should be prepared to discuss the following questions: 1. What pleading is the su bject of the Trustee's planned motion to dismiss? 2. Whether or not the Complaint recently filed in this action at Dkt. No. 406 is the subject of the planned motion, should that Complaint be severed pursuant to Fed. R. Civ. P. 21 and proceed as a separate action? 3. If the Complaint is severed, does that affect the proposed motion briefing schedule? (Signed by Magistrate Judge Barbara C. Moses on 2/9/2022) (rro)
|
|
Filing
403
ORDER: Upon review of the complaints and other papers filed with the Court in connection with the cases captioned above, the Court notes that in all material respects the papers describe substantially similar underlying events arising out of the same or similar operative facts, and that the parties are substantially the same parties. Accordingly, it is hereby ORDERED that the Clerk of Court is respectfully requested to consolidate these actions for all pretrial purposes; a nd it is further ORDERED that all filings in connection with the consolidated action be docketed against the lower numbered case, 18 Civ. 4044; and it is further ORDERED that the Clerk of Court close the referenced higher numbered case, 21 Civ. 11019, as a separate action and remove it from the Courts docket. SO ORDERED: (Signed by Judge Victor Marrero on 12/29/2021) Filed In Associated Cases: 1:18-cv-04044-BCM, 1:21-cv-11019-VM (js)
|
|
Filing
394
ORDER: Consequently, it is hereby ORDERED that discovery and other pretrial proceedings with respect to the removed claim shall proceed on the same schedule (see Dkt. No. 385) applicable to the claims originally filed in this Court. By separate le tter dated November 9, 2021 (Dkt. No. 391), non-party Citigroup Global Markets, Inc. (Citi), which identifies itself as a Noteholder in the CDO known as Triaxx Prime CDO 2006-2 (Triaxx 2006-2), reminded the Court that "the interpleader action with respect to Triaxx 2006-2 has not been dismissed," despite the fact that PIMCO the only Triaxx 2006-2 Noteholder that was named as an interpleader defendant and asserted an affirmative claim to the res with respect to that CDO has been redeemed. (See Dkt. Nos. 371, 373-1.) Since PIMCO has no further interest in the outcome of this action with respect to Triaxx 2006-2, and since neither Citi nor any other Triaxx 2006-2 Noteholder has intervened or been added as a party (although C iti states that it too opposes the payment of the Phoenix Invoices and the Interpleader Legal Fees from Triaxx 2006-2's accounts), it appears to the Court that the Trustee's interpleader claim should be dismissed without prejudice with re spect to Triaxx 2006-2, and that PIMCO's affirmative claims to the res should likewise be dismissed with respect to that CDO. (See generally Dkt. Nos. 318, 328.) Any party wishing to argue to the contrary may submit a letter-brief, not to exc eed four pages, no later than November 29, 2021. Opposition will be due no later than December 6, 2021. The Court notes that, insofar as it is aware, PIMCO remains a Noteholder in the third CDO at issue in this action, Triaxx Prime CDO 2007-1 (Tria xx 2007-1). Consequently, as to Triaxx 2007-1, PIMCO will remain an interpleader defendant and retain its affirmative claims to the res asserting that the Trustee should not pay the Phoenix Invoices or the Interpleader Legal Fees from that CDO 9;s accounts. The Court further notes that, as to all three CDOs, the TAM Parties' counterclaims remain pending to the extent they seek a declaration that Phoenix is entitled to payment on the Phoenix Invoices (as Administrative Expenses, thr ough the Waterfall) and that both TAM Parties are also entitled to payment of their Interpleader Legal Fees. Citi has expressed the view that "[b]ecause the issues are the same across all three Triaxx transactions," the "result and d ecisions of this action relating to Triaxx 2007-1, as litigated by PIMCO, should obtain as to Triaxx 2006-2 as well," regardless of whether it (or any other Triaxx 2006-2 Noteholder) intervenes or is added as a party with respect to Triaxx 20 06-2. (Dkt. No. 371; see also Dkt. No. 391.) Similarly, "the Trustee's position is that whatever the outcome of the interplead disputes, that outcome should apply uniformly to all three of the Triaxx CDOs." (Dkt. No. 373.) If the par ties are uncertain as to whether this view is correct, they are of course free to "negotiate a simple stipulation providing for this result." (Dkt. No. 391.) Citi may also, if it wishes, move to intervene as an interpleader defendant as to Triaxx 2006-2. Any such motion should be made before the November 29, 2021 deadline, set forth above, for letter-briefs regarding the dismissal of the interpleader claim as to Triaxx 2006-2. ( Motions due by 11/29/2021., Responses due by 12/6/2021) (Signed by Magistrate Judge Barbara C. Moses on 11/15/2021) (rro)
|
|
Filing
388
ORDER: On October 18, 2021, my newest law clerk, Michael Ardeljan, commenced his term. Mr. Ardeljan graduated from law school in 2017 and joined the Court from Cravath, Swaine & Moore LLP, where he was employed for approximately four years as an associate. Shortly before assuming his duties for the Court, Mr. Ardeljan advised me that for approximately six months in 2015 he worked for 1/0 Capital LLC (1/0 Capital), an affiliate of Triaxx Asset Management, LLC and Phoenix Real Estate Solut ions, Ltd. (collectively the TAM Parties), and that during this period his supervisor was Nicholas Calamari. In light of his work history, Mr. Ardeljan was screened from the above-entitled action, meaning that it was assigned to a different clerk, who was instructed not to discuss it with Mr. Ardeljan (and vice versa). Other than as necessary to put these arrangements into place, I have not discussed this action with Mr. Ardeljan and will not. Recently, while finalizing my Order re Truste e's Letter-Motion to Compel (Dkt. No. 386), I noticed, for the first time, that Mr. Ardeljan's name appears in the TAM Parties' privilege logs (Dkt. Nos. 378-1, 315-1). I do not know whether Mr. Adeljan is a potential witness in this action. On the assumption that he is not, I do not believe that his work history could cause any party to reasonably question my impartiality in this matter, but nonetheless wished the parties to be aware of these circumstances. If any party believes that I should disqualify myself pursuant to 28 U.S.C § 455 (in which event this action would be assigned to a different Magistrate Judge, the parties having consented pursuant to 28 U.S.C. § 636(c)), that party is directed to file its motion papers within two weeks of the date of this Order. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 11/1/2021) (vfr)
|
|
Filing
387
MEMORANDUM AND ORDER denying 346 Motion to Remand to State Court. For the reasons stated above, the Trustee's remand motion (Dkt. No. 346) is DENIED. The Second Action will remain before this Court. Within two weeks of today's date, after meeting and conferring, the parties shall submit a joint letter (if possible) or separate letters (if necessary) addressing how most efficiently to resolve the Trustee's removed claim in conjunction with the Original Action. SO ORDERED.. (Signed by Magistrate Judge Barbara C. Moses on 10/26/2021) (ks)
|
|
Filing
386
ORDER RE TRUSTEE'S LETTER-MOTION TO COMPEL: Except as expressly stated herein, the Trustee's letter-motion is DENIED. The Clerk of Court is respectfully directed to close Dkt. No. 378. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 10/25/2021) (ama)
|
|
Filing
384
ORDER: For the reasons discussed at today's conference, it here hereby ORDERED: Fact Discovery. All remaining fact discovery, including depositions, shall be completed no later than March 31, 2022. Expert Discovery. Disclosure of expert evide nce, including the identities and written reports of experts, as required by Fed. R. Civ. P. 26(a)(2)(A), (B), or (C), shall be made no later than April 29, 2022. Disclosure of expert evidence intended solely to contradict or rebut expert evidence on the same subject matter disclosed by the opposing party shall be made no later than May 27, 2022. Depositions of experts, if any, shall be completed no later than June 30, 2022. Close of Discovery. All discovery shall be completed n o later than June 30, 2022. Status Conference. Judge Moses will conduct a status conference on June 6, 2022 at 10:00 a.m. One week prior to that date, on May 20, 2022, the parties shall submit a joint status letter outlining the progress of discovery to date, as well as any settlement efforts. If no discovery controversies exist at that time, the parties may request that the conference be held telephonically. Conferences and Hearings. On a going-forward basis, court conferences, hearings, and ot her proceedings will be held in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse, unless the Court orders otherwise. If a proceeding takes place via teleconference, the parties must call (888) 557-8511 on t heir scheduled date, a few minutes before their scheduled time, and enter the access code 7746387. Please treat the teleconference as you would treat a public court appearance. If a conference or hearing in another matter is ongoing, pleas e be silent (mute your line) until your case is called. If the proceeding takes place via videoconference, chambers will email a link to counsel in advance of the proceeding. SO ORDERED., ( Deposition due by 6/30/2022., Discovery due by 6/30/202 2., Expert Discovery due by 4/29/2022., Fact Discovery due by 3/31/2022., Status Conference set for 6/6/2022 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.), Motions terminated: 378 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Barbara C. Moses from Elizabeth A. Buckel dated September 23, 2021. filed by U.S. Bank National Association. (Signed by Magistrate Judge Barbara C. Moses on 10/22/2021) (ama)
|
|
Filing
383
ORDER ADJOURNING CONFERENCE: The discovery and scheduling conference currently scheduled for October 15, 2021 is hereby ADJOURNED to October 22, 2021, at 9:00 a.m. The conference will be conducted using the Court's videoconferencing technol ogy (Microsoft Teams). Members of the public may dial in to the audio-only line: (917) 933-2166, 253507310#. Chambers will email a video link to counsel. ( Scheduling Conference set for 10/22/2021 at 09:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 10/13/2021) (ate)
|
|
Filing
379
ORDER ADJOURNING CONFERENCE: The discovery and scheduling conference currently scheduled for October 5, 2021 is hereby ADJOURNED to October 15, 2021, at 9:00 a.m. No later than October 8, 2021, the parties shall submit a joint letter confirming that document discovery has been substantially completed (or, if that is not the case, explaining what remains to be done, and why) and proposing a schedule for fact depositions and expert discovery. The conference will be conducted using the Court's videoconferencing technology (Microsoft Teams). Members of the public may dial in to the audio-only line: (917) 933-2166, 253507310#. Chambers will email a video link to counsel. In addition to setting a schedule for the remainder of discovery, the Court will hear argument at the conference on the Trustee's letter-motion dated September 23, 2021 (Dkt. No. 378). Opposition papers are due October 1 and optional reply papers are due October 8, 2021. ( Responses due by 10/1/2021, Replies due by 10/8/2021., Discovery Hearing set for 10/15/2021 at 09:00 AM before Magistrate Judge Barbara C. Moses., Scheduling Conference set for 10/15/2021 at 09:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 9/24/2021) (rro)
|
|
Filing
377
ORDER ADJOURNING CONFERENCE: The discovery and scheduling conference currently scheduled for October 4, 2021 is hereby ADJOURNED to October 5, 2021, at 9:00 a.m. Pursuant to the parties' joint request (Dkt. No. 376), the conference will be c onducted using the Court's videoconferencing technology (Microsoft Teams). Members of the public may dial in to the audio-only line: (917) 933-2166, 253507310#. Chambers will email a video link to counsel. ( Discovery Hearing set for 10/5/2021 at 09:00 AM before Magistrate Judge Barbara C. Moses., Scheduling Conference set for 10/5/2021 at 09:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 9/23/2021) (cf)
|
|
Filing
367
ORDER SCHEDULING CONFERENCE: The Court having resolved the parties' disputes regarding document discovery filed at Dkt. Nos. 355, 356, and 357, the deadline for the substantial completion of document discovery, including but not limited to th e discovery required by this Court's orders of today's date (Dkt. Nos. 364, 365, 366), shall be September 17, 2021. The Court will conduct a discovery and scheduling conference on October 4, 2021, at 11:00 a.m. in Courtroom 20A of the Da niel Patrick Moynihan United States Courthouse. Unless otherwise ordered by the Court, this will be an in-person conference. (As further set forth in this Order.) ( Discovery due by 9/17/2021., Discovery Hearing set for 10/4/2021 at 11:00 AM in Co urtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses., Scheduling Conference set for 10/4/2021 at 11:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 7/16/2021) (cf)
|
|
Filing
343
ORDER: Specifically, within five (5) business days of the entry of this Order by the Court, Triaxx Asset Management LLC ("TAM") and the three Issuers (Triaxx Prime CDO 2006-1, Ltd., Triaxx Prime CDO 2006-2, Ltd., and Triaxx Prime CDO 2 007-1, Ltd.) will take all steps necessary to cause Olshan to promptly transfer the Recoveries held in the Olshan Account to the Collection Accounts for each of the three Triaxx CDOs, with the $679,263.80 of Recoveries in the Olshan Account to be transferred as follows: (as further set forth in this Order.) Nothing in this order shall constitute an admission by any party or its counsel or a waiver or limitation of any rights or remedies in connection with this matter. (Signed by Magistrate Judge Barbara C. Moses on 5/12/2021) (cf)
|
|
Filing
338
ORDER: It is hereby ordered that: The parties shall promptly meet and confer with regard to the funds currently held in the Olshan Account (see Dkt. No. 157) and shall submit a stipulated order to the Court, no later than May 11, 2021, direct ing the disbursement of those funds to the Trustee in accordance with the March 31, 2021 Opinion and Order (Dkt. No. 331). U.S. Bank National Association (U.S. Bank or Trustee) shall file its motion to remand its CPLR Article 77 petition (original ly docketed in this Court, after removal, as Case No. 21-CV-439) no later than May 18, 2021. Opposition papers shall be filed no later than June 1, 2021. U.S. Bank's optional reply papers are due no later than June 8, 2021. If it chooses to f orego a reply it shall promptly so advise the Court by letter. The parties shall promptly meet and confer with regard to the advancement of the Issuers' legal fees and the related adjournment of the Issuers' document production obligati ons (see Dkt. No. 304). If the parties are able to reach a stipulation as to those issues, they shall submit it to the Court no later than May 18, 2021. If they are unable to agree, they shall file their motions with respect to the same issues no later than May 18, 2021. Opposition papers shall be filed no later than June 1, 2021. The moving party/parties' optional reply papers are due no later than June 8, 2021. If they choose to forego a reply they shall promptly so advise the Court by letter. Any party seeking judicial intervention with respect to the document discovery issues outlined in the parties' recent joint letter (Dkt. No. 333) shall do so no later than June 22, 2021, by letter-motion in accordance with Fed. R. Civ. P. 37(a)(1), Local Civil Rule 37.2, and Moses Individual Practices § 2(b). Opposition letters shall be filed no later than June 29, 2021. No reply papers will be accepted. SO ORDERED. ( Motions due by 6/22/2021. Responses due by 6/29/2021.) (Signed by Magistrate Judge Barbara C. Moses on 5/4/2021) (va)
|
|
Filing
332
ORDER: Judge Moses will conduct a status conference on May 4, 2021, at 10:00 a.m. At that time, the parties shall dial (888) 557-8511 and enter the access code 7746387. (As further set forth in this Order.) ( Telephone Conference set for 5/4/2021 at 10:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 4/13/2021) (cf)
|
|
Filing
331
OPINION AND ORDER re: 227 MOTION for Judgment on the Pleadings filed by Phoenix Real Estate Solutions Ltd., Triaxx Asset Management LLC, 234 JOINT MOTION for Judgment on the Pleadings filed by Pacific Investme nt Management Company, LLC, 232 MOTION for Judgment on the Pleadings filed by Triaxx Prime CDO 2006-1, Ltd., Triaxx Prime CDO 2007-1, Ltd., Triaxx Prime CDO 2006-2, Ltd., 230 MOTION for Judgment on the Pleadings filed by U.S. Bank National Association. For the reasons stated above, the Rule 12(c) motions brought by the Collateral Managerand Phoenix (Dkt. No. 227), the Trustee (Dkt. No. 230), and the Issuers (Dkt. No. 232) are GRANTED IN PART a nd DENIED IN PART, while the Rule 12(c) motion brought by PIMCO (Dkt. No. 234) is DENIED. It is hereby ORDERED that: 1. The Trustee's First Claim, for interpleader relief, is DISMISSED insofar as itseeks relief concerning the Interple ader Judgment Fees. 2. The Trustee's Second Claim, for a declaratory judgment, is DISMISSED insofaras it seeks a declaration concerning the Interpleader Judgment Fees. 3. PIMCO's Third Affirmative Claim to the Res, concernin g the Interpleader Judgment Fees, is DISMISSED. 4. The Court DECLARES that the Recoveries are Collateral, as that term is used in the Indentures, and therefore must be disclosed and turned over to the Trustee for deposit into th e appropriate Accounts(s) established by the Trustee under the Indentures. Neither the Issuers nor the Collateral Manager may pay Phoenix's fees directly from the Recoveries, outside of the Waterfall. 5. The Col lateral Manager's Counterclaim is DISMISSED insofar as it seeks a declaration that Phoenix "is entitled to be paid its fees and expenses...out of settlement funds at the time such funds are disbursed." 6. Phoenix's Counterclaim is DISMISSED insofar as it seeks a declaration that "its incentive fees and expenses must be paid from settlement proceeds before such proceeds are subject to the payment waterfall se t forth in the Indentures." 7. The Trustee's Third, Fourth, and Fifth Claims, for breach of contract, violation of the UCC, and conversion, are DISMISSED as against the Issuers. 8. The Trustee's Fifth Claim, for conversion, is also DISMISSED as against the Collateral Manager. All relief not expressly granted herein is DENIED. (Signed by Magistrate Judge Barbara C. Moses on 3/31/2021) (mro)
|
|
Filing
329
ORDER: Accordingly, it is hereby ORDERED that the Clerk of Court is directed to consolidate these actions for all pretrial purposes; and it is further ORDERED that all filings in connection with the consolidated action be docketed against the lower numbered case, 18 Civ. 4044; and it is further ORDERED that the parties are directed to indicate their consent to proceeding with the recently removed action, 21 Civ. 439, before Magistrate Judge Moses who is presiding over the lower numbered action, (see 18 Civ. 4044, Dkt. No. 171), and is intimately familiar with the facts and proceedings of the case; and it is finally ORDERED that the Clerk of Court close the referenced higher numbered case, 21 Civ. 439, as a separate action and remove it from the Court's docket. So Ordered. (Signed by Judge Victor Marrero on 2/23/2021) Filed In Associated Cases: 1:18-cv-04044-BCM, 1:21-cv-00439-VM (js)
|
|
Filing
328
ORDER DISMISSING THE TRUSTEE'S FIRST CLAIM FOR INTERPLEADER RELIEF SOLELY AS TO THE TRIAXX PRIME CDO 2006-1, LTD. TRANSACTION:The First Claim For Interpleader Relief of U.S. Bank National Association, solely in its capacity as Trustee, as it re lates to the Triaxx Prime CDO 2006-1, Ltd. transaction is hereby dismissed for lack of Article III jurisdiction without prejudice and without costs to any party. For the avoidance of doubt, this dismissal shall have no impact on the First Claim For Interpleader Relief as it relates to the Triaxx Prime CDO 2006-2, Ltd. transaction and the Triaxx Prime CDO 2007-1, Ltd. transaction. (Signed by Magistrate Judge Barbara C. Moses on 1/12/2021) (cf)
|
|
Filing
325
ORDER RE INTERROGATORIES re: 306 LETTER MOTION for Conference addressed to Magistrate Judge Barbara C. Moses from Anil K. Vassanji dated February 24, 2020. filed by Phoenix Real Estate Solutions Ltd., Triaxx Asset Management LLC. For the reasons set forth above, the TAM Parties' letter-motion (Dkt. No. 306) is GRANTED to the extent that PIMCO must promptly supplement its interrogatory responses to identify the decisionmakers who approved each of the objections underlying the interpleader claims in this action, and otherwise DENIED. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 11/30/2020) (ks)
|
|
Filing
312
ORDER: The President of the United States has declared a national emergency due to the spread of the COVID-19 virus, and the Centers for Disease Control have noted that the best way to prevent illness is to minimize person-to-person con tact. In order to protect public health while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is hereby ORDERED, pursuant to Fed. R. Civ. P. 30(b)(3) and (b)(4), that all depositions in this action may be taken via telephone, videoconference, or other remote means, and may be recorded by any reliable audio or audiovisual means. This Order does not dispense with the requirements set forth in Fed. R. Civ. P. 30(b)( 5), including the requirement that, unless the parties stipulate otherwise, the deposition be "conducted before an officer appointed or designated under Rule 28," and that the deponent be placed under oath by that officer. For avoidance of doubt, a deposition will be deemed to have been conducted "before" an officer so long as that officer attends the deposition via the same remote means (e.g., telephone conference call or video conference) used to connect all other re mote participants, and so long as all participants (including the officer) can clearly hear and be heard by all other participants. It is further ORDERED, pursuant to Fed. R. Civ. P. 16(b)(4), that all unexpired deadlines for the completion of f act depositions, fact discovery, expert depositions, expert discovery, and/or all discovery are hereby EXTENDED for a period of 30 days. Nothing in this Order prevents the parties from seeking to further modify the pretrial schedule in this action in light of the COVID-19 pandemic (or for any other good cause). Prior to seeking such relief, the parties must, as always, meet and confer (via remote means) in a good faith effort to reach agreement on how best to fulfill the goals of Rule 1 while avoiding unnecessary health risks. (Signed by Magistrate Judge Barbara C. Moses on 3/17/2020) (mro)
|
|
Filing
305
ORDER granting in part and denying in part 274 Letter Motion to Compel. Consequently, the Trustee's letter-motion is GRANTED to the extent that TAM and Phoenix must produce documents sufficient to show all compensation paid or owed to Calama ri and Garg, directly or indirectly, by TAM, Phoenix, the Phoenix Entities, and/or 1/0 Capital, and otherwise DENIED. The TAM Parties may designate the compensation information "confidential" if they believe it qualifies for such treatmen t under the parties' Stipulated Protective Order (Dkt. No. 179). Production is to be made within 30 days of thisOrder. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 274. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 1/8/2020) (cf)
|
|
Filing
302
ORDER denying without prejudice to renewal by formal motion 298 Motion for Local Rule 37.2 Conference; denying without prejudice to renewal by formal motion 299 Motion for Local Rule 37.2 Conference. It is hereby ORDERED that the TAM Partie s' November 18 letter-motions are DENIED without prejudice to renewal after the parties meet and confer regarding their current disputes and following the substantial completion of document production. It is further ORDERED that the parties sh all substantially complete their production of documents in response to previously-served requests no later than January 10, 2020. If, after that date, the parties require judicial intervention to resolve any of the document production issues described in the November 18 letter-motions, they may request a conference by filing a joint letter, not to exceed six pages, briefly summarizing the outstanding issues. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 11/22/2019) (ks)
|
|
Filing
80
DECISION AND ORDER: Accordingly, it is hereby ORDERED that the motion of Triaxx Asset Management LLC for a preliminary injunction (Dkt. No. 50) is DENIED. SO ORDERED. (Signed by Judge Victor Marrero on 9/17/2018) (ne)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
