Irving H. Picard v. Turtle Cay Partners et al
| Irving H. Picard |
| Trust Created for the Benefit of Jessica Lee Lowrey under Article Second of a Certain Trust Agreement Dated August 29, 1984, Tracy McDonald Lowrey Lenehan, Whitney Hanlon Lowrey Gaeta, Turtle Cay Partners, Larry B. Alexander, Marianne B. Lowrey Trust, James Lowrey, Trust Created for the Benefit of Tracy McDonald Lowrey under Article Second of a Certain Trust Agreement Dated August 29, 1984, Jessica Lee Lowrey, Coldbrook Associates Partnership, Trust Created for the Benefit of Whitney Hanlon Lowrey under Article Second of a Certain Trust Agreement Dated August 29, 1984 and The Estate of Marianne Lowrey |
| Bernard L. Madoff Investment Securities LLC |
| SIPC |
| 1:2018cv05381 |
| June 14, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Paul A Engelmayer |
| Bankruptcy Withdrawal |
| 28 U.S.C. § 0157 |
| None |
Docket Report
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This docket was last retrieved on August 5, 2019. A more recent docket listing may be available from PACER.
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Filing 38
ORDER REGARDING MOTION TO WITHDRAW AS COUNSEL PURSUANT TO LOCAL RULE 1.4 granting #31 Motion to Withdraw as Attorney. Attorney Philip M. Guess terminated: IT IS HEREBY ORDERED that Philip M. Guess is granted leave to withdraw from his representation of Defendants South Ferry #2 LP, Emmanuel Gettinger, Aaron Wolfson, Abraham Wolfson, Zev Wolfson, South Ferry Building Company, Turtle Cay Partners, Coldbrook Associates Partnership, James Lowrey, Marianne Lowrey, and United Congregations Mesora in this action and that such withdrawal is effective immediately. (Signed by Judge Paul A. Engelmayer on 8/5/2019) (jwh)
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| Filing 37 SUPERSEDEAS BOND # US00087278SU18A in the amount of $582,182.00, posted by James Lowrey, and The Estate of Marianne Lowrey; in the amount of $7,845,089.00, posted by Turtle Cay Partners; in the amount of 1,093,402.00, posted by Coldbrook Associates Partnership, for a total amount of $9,520,673.00, plus 11% = $1,047,243.03 for a grand total of $10,567,947.03; and the actual Bond amount is for $10,568,197.00, 04/09/2019 (dt). |
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Filing 36
JOINT STIPULATION TO FURTHER STAY EXECUTION OF JUDGMENT: For the foregoing reasons, the Trustee and Defendants jointly request a 30-day extension of the stay imposed by FRCP 62(a), until April 10, 2019, pending a resolution of their discussions to the satisfaction of the Trustee or, in the alternative, for each of the Defendants to post the bond or other security as permitted by FRCP 62(b). So Ordered. (Signed by Judge Paul A. Engelmayer on 3/6/2019) (anc)
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| Filing 35 AMENDED NOTICE OF APPEAL re: #33 Corrected Notice of Appeal, #30 Clerk's Judgment,,,,,,. Document filed by Coldbrook Associates Partnership, James Lowrey, The Estate of Marianne Lowrey, Turtle Cay Partners. (Roth, Beth-Ann) |
| Transmission of Amended Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #35 Amended Notice of Appeal. (nd) |
| First Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for #34 LETTER MOTION for Extension of Time to Stay Execution of Judgment (Stipulated) addressed to Judge Paul A. Engelmayer from Richard A. Kirby dated 2019-03-05. filed by Coldbrook Associates Partnership, James Lowrey, The Estate of Marianne Lowrey, Turtle Cay Partners, #35 Amended Notice of Appeal filed by Coldbrook Associates Partnership, James Lowrey, The Estate of Marianne Lowrey, Turtle Cay Partners were transmitted to the U.S. Court of Appeals. (nd) |
| USCA Case Number 19-510 from the U.S.C.A. - 2nd Circ. assigned to #33 Corrected Notice of Appeal, filed by Coldbrook Associates Partnership, James Lowrey, The Estate of Marianne Lowrey, Turtle Cay Partners. (nd) |
| Filing 34 LETTER MOTION for Extension of Time to Stay Execution of Judgment (Stipulated) addressed to Judge Paul A. Engelmayer from Richard A. Kirby dated 2019-03-05. Document filed by Coldbrook Associates Partnership, James Lowrey, The Estate of Marianne Lowrey, Turtle Cay Partners.(Roth, Beth-Ann) |
| Filing 33 CORRECTED NOTICE OF APPEAL re: #32 Notice of Appeal, #30 Clerk's Judgment,,,,,,. Document filed by Coldbrook Associates Partnership, James Lowrey, The Estate of Marianne Lowrey, Turtle Cay Partners. (Roth, Beth-Ann) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Roth, Beth-Ann to RE-FILE Document No. #32 Notice of Appeal. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected. Re-file the appeal using the event type Corrected Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #33 Corrected Notice of Appeal filed by Coldbrook Associates Partnership, James Lowrey, The Estate of Marianne Lowrey, Turtle Cay Partners were transmitted to the U.S. Court of Appeals. (nd) |
| Appeal Fee Paid electronically via Pay.gov: for #33 Corrected Notice of Appeal. Filing fee $ 505.00. Pay.gov receipt number ANYSDC-16372604, paid on 2/19/2019. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #33 Corrected Notice of Appeal. (nd) |
| Filing 32 FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF APPEAL. Document filed by Coldbrook Associates Partnership, James Lowrey, The Estate of Marianne Lowrey, Turtle Cay Partners. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Roth, Beth-Ann) Modified on 2/20/2019 (tp). |
| Filing 31 MOTION for Philip M. Guess to Withdraw as Attorney . Document filed by Trust Created for the Benefit of Jessica Lee Lowrey under Article Second of a Certain Trust Agreement Dated August 29, 1984, Trust Created for the Benefit of Tracy McDonald Lowrey under Article Second of a Certain Trust Agreement Dated August 29, 1984, Trust Created for the Benefit of Whitney Hanlon Lowrey under Article Second of a Certain Trust Agreement Dated August 29, 1984, Turtle Cay Partners.(Guess, Philip) |
| Filing 30 CLERK'S JUDGMENT re: #29 Memorandum & Opinion. in favor of Irving H. Picard against Turtle Cay Partners; in favor of Irving H. Picard against Coldbrook Associates Partnership; in favor of Irving H. Picard against The Estate of Marianne Lowrey, James Lowrey in the amount of $ 9,520,673.00. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated February 7, 2019, the Bankruptcy Court's Recommendation is adopted in full; the Trustee's motion for summary judgment is granted and Defendants' cross-motion for summary judgment is denied, and judgment is entered as set forth on Page 8, footnote 2 of the Opinion and Order dated February 7, 2019, as follows:The Trustee seeks to recover the following from each defendant:1. Turtle Cay Partners: $7,845,089. See Lowrey Stip. 17-24. Adv. Pro. No. 10-043872. Coldbrook Associates Partnership: $1,093,402. See id. 25-32. Adv. Pro. No. 10-043873. James Lowrey and Marianne Lowrey: $582,182. See id. 26-40. Adv. Pro. No. 10-043874. South Ferry Defendants: $6,620,000. See South Ferry Stip. 17-26. Adv. Pro. No. 10-04488.5. South Ferry #2 Defendants: $21,955.000. See South Ferry #2 Stip. 17-26. Adv. Pro. No. 10-04350.6. Mesora: $3,200,000. See Mesora Stip. 16. Adv. Pro. No. 10-05110. (Signed by Clerk of Court Ruby Krajick on 02/08/2019) (Attachments: #1 Notice of Right to Appeal)(dt) (Main Document 30 replaced on 2/8/2019) (dt). |
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Filing 29
OPINION & ORDER re: (10 in 1:18-cv-05452-PAE) JOINT MOTION for Leave to File Reply to Trustee's Response to Rule 9033 Objections filed by South Ferry #2 LP, (10 in 1:18-cv-05430-PAE) JOINT MOTION for Leave to File Reply to Trustee's Response to Rule 9033 Objections filed by South Ferry Building Company, (8 in 1:18-cv-05381-PAE) JOINT MOTION for Leave to File Reply to Trustee's Response REFILING of Leave to File Reply filed by James Lowrey, (10 in 1:18-cv-05453-PAE) JOINT MOTION for Leave to File Reply to Trustee's Response to Rule 9033 Objections filed by United Congregations Mesora. For the reasons stated above, the Court adopts in full the Bankruptcy Court's recommendation, set forth in its thorough Report. The Court grants the Trustee's motion for summary judgment and denies defendants' cross-motion for summary judgment. The Court enters judgment in the amounts set forth on page 8, footnote 2, of this decision. The Court further respectfully requests that the Clerk of Court terminate the motion pending at docket entry 8 in case number 18 Civ. 5381 and the motions pending at docket entry 10 in case numbers 18 Civ. 5430; 18 Civ. 5452; and 18 Civ. 5453. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/7/2019) (anc) Transmission to Orders and Judgments Clerk for processing.
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| Filing 28 LETTER addressed to Judge Paul A. Engelmayer from Keith R. Murphy dated February 1, 2019 re: Response to January 28, 2019 Letter by Defendants Submitting Supplemental Authority. Document filed by Irving H. Picard.(Murphy, Keith) |
| Filing 27 LETTER addressed to Judge Paul A. Engelmayer from Richard A. Kirby dated January 28, 2019 re: Supplemental Authority. Document filed by James Lowrey. (Attachments: #1 Supplement Supplemental Authority)(Roth, Beth-Ann) |
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Filing 26
ORDER REGARDING MOTION TO WITHDRAW AS COUNSEL PURSUANT TO LOCAL RULE 1.4 granting 24 Motion to Withdraw as Attorney in 18-cv-5452-PAE. IT IS HEREBY ORDERED that Martha Rodriguez Lopez is granted leave to withdraw from her representation of Defendants South Ferry #2 LP, Emmanuel Gettinger, Aaron Wolfson, Abraham Wolfson, Zev Wolfson, South Ferry Building Company, Turtle Cay Partners, Coldbrook Associates Partnership, James Lowrey, Marianne Lowrey, and United Congregations Mesora in this action and that such withdrawal is effective immediately. Attorney Martha Rodriguez-Lopez terminated. (Signed by Judge Paul A. Engelmayer on 1/23/2019) (mro)
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| Filing 25 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION proceeding held on 8/28/18 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 24 TRANSCRIPT of Proceedings re: motion held on 8/28/2018 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Thomas Murray, (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 1/2/2019. Redacted Transcript Deadline set for 1/14/2019. Release of Transcript Restriction set for 3/12/2019.(McGuirk, Kelly) |
| Filing 23 LETTER addressed to Judge Paul A. Engelmayer from Keith R. Murphy dated December 7, 2018 re: Response to December 4, 2018 Letter Regarding Supplemental Authority. Document filed by Irving H. Picard.(Murphy, Keith) |
| Filing 22 AMENDED LETTER addressed to Judge Paul A. Engelmayer from Richard A. Kirby dated December 4, 2018 re: REPLACEMENT for Filing # 21 - Supplemental Authority. Document filed by James Lowrey. (Attachments: #1 Supplement Supplemental Authority)(Roth, Beth-Ann) |
| Filing 21 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #22 Letter) - LETTER addressed to Judge Paul A. Engelmayer from Richard A. Kirby dated 2018-12-04 re: Supplemental Authority. Document filed by James Lowrey. (Attachments: #1 Supplement Supplemental Authority)(Roth, Beth-Ann) Modified on 12/6/2018 (db). |
| Minute Entry for proceedings held before Judge Paul A. Engelmayer: Oral Argument held on 8/28/2018. Keith Murphy & Anat Maytal present for Plaintiffs. Richard Kirby & Beth-ann Roth present for Defendants. Nathanael Kelley present for ADR Provider. Court reporter present. (ajs) |
| Filing 20 NOTICE OF APPEARANCE by Nicholas J. Cremona on behalf of Irving H. Picard. (Cremona, Nicholas) |
| Filing 19 NOTICE OF APPEARANCE by Keith R. Murphy on behalf of Irving H. Picard. (Murphy, Keith) |
| Filing 18 NOTICE OF APPEARANCE by Anat Maytal on behalf of Irving H. Picard. (Maytal, Anat) |
| Filing 17 LETTER addressed to Judge Paul A. Engelmayer from Anat Maytal dated August 15, 2018 re: Request for Permission to Bring Electronic Devices. Document filed by Irving H. Picard. (Attachments: #1 Text of Proposed Order Granting Request for Electronic Devices)(Maytal, Anat) |
| Filing 16 NOTICE OF APPEARANCE by Josephine Wang on behalf of SIPC. (Wang, Josephine) |
| Filing 15 NOTICE OF APPEARANCE by Kevin H. Bell on behalf of SIPC. (Bell, Kevin) |
| Filing 14 NOTICE OF APPEARANCE by Nathanael Stephen Kelley on behalf of SIPC. (Kelley, Nathanael) |
| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by SIPC.(Kelley, Nathanael) |
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Filing 12
ORDER: granting #11 Letter Motion for Oral Argument. Granted. The Court schedules oral argument for August 28, 2018 at 2:30 p.m. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/10/2018) (ama)
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| Set/Reset Hearings: Oral Argument set for 8/28/2018 at 02:30 PM before Judge Paul A. Engelmayer. (ama) |
| Filing 11 JOINT LETTER MOTION for Oral Argument addressed to Judge Paul A. Engelmayer from Richard A. Kirby dated July 9, 2018. Document filed by James Lowrey.(Kirby, Richard) |
| Filing 10 JOINT REPLY MEMORANDUM OF LAW in Support re: #8 JOINT MOTION for Leave to File Reply to Trustee's Response REFILING of Leave to File Reply. . Document filed by James Lowrey. (Kirby, Richard) |
| Filing 9 JOINT MEMORANDUM OF LAW in Support re: #5 JOINT MOTION for Leave to File Reply to Trustee's Response to Rule 9033 Objections., #8 JOINT MOTION for Leave to File Reply to Trustee's Response REFILING of Leave to File Reply. o Trustee's Response to Rule 9033 Objections. Document filed by James Lowrey. (Attachments: #1 Certificate of Service, #2 Reply Brief)(Kirby, Richard) |
| Filing 8 JOINT MOTION for Leave to File Reply to Trustee's Response REFILING of Leave to File Reply. Document filed by James Lowrey. Return Date set for 6/29/2018 at 11:59 PM.(Kirby, Richard) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Richard A. Kirby to RE-FILE Document #5 JOINT MOTION for Leave to File Reply to Trustee's Response to Rule 9033 Objections. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Memorandum of Law in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. NOTE: Add the Reply Memorandum as a separate PDF attachment to the Motion or Supporting Memorandum, not as part of the main PDF. (ldi) |
| Filing 7 DECLARATION of Keith R. Murphy in Opposition re: #5 JOINT MOTION for Leave to File Reply to Trustee's Response to Rule 9033 Objections.. Document filed by Irving H. Picard. (Attachments: #1 Exhibit A-So Ordered Letter, #2 Exhibit B-Portions of Hearing Transcript, #3 Exhibit C-Letter Briefs, #4 Exhibit D-Post Hearing Letters)(Murphy, Keith) |
| Filing 6 MEMORANDUM OF LAW in Opposition re: #5 JOINT MOTION for Leave to File Reply to Trustee's Response to Rule 9033 Objections. . Document filed by Irving H. Picard. (Murphy, Keith) |
| Filing 5 FILING ERROR - DEFICIENT DOCKET ENTRY - JOINT MOTION for Leave to File Reply to Trustee's Response to Rule 9033 Objections. Document filed by James Lowrey. Return Date set for 6/29/2018 at 11:59 PM.(Kirby, Richard) Modified on 7/5/2018 (ldi). |
| Filing 4 RESPONSE re: #3 Objection (non-motion),,,. Document filed by Irving H. Picard. (Attachments: #1 Exhibit A)(bkar) |
| Filing 3 Objection re: #1 Bankruptcy Court Proposed Findings of Fact, #2 Bankruptcy Court Proposed Findings of Fact,. Document filed by Larry B. Alexander, Coldbrook Associates Partnership, Whitney Hanlon Lowrey Gaeta, Tracy McDonald Lowrey Lenehan, James Lowrey, Jessica Lee Lowrey, Marianne B. Lowrey Trust, The Estate of Marianne Lowrey, Trust Created for the Benefit of Jessica Lee Lowrey under Article Second of a Certain Trust Agreement Dated August 29, 1984, Trust Created for the Benefit of Tracy McDonald Lowrey under Article Second of a Certain Trust Agreement Dated August 29, 1984, Trust Created for the Benefit of Whitney Hanlon Lowrey under Article Second of a Certain Trust Agreement Dated August 29, 1984, Turtle Cay Partners. (Attachments: #1 Joint Memorandum of Law in Support of Rule 9033 Objections)(bkar) |
| Filing 2 ERRATA BANKRUPTCY COURT PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW TO THE DISTRICT COURT By Judge Stuart M. Bernstein Re: Order dated March 26, 2018. Bankruptcy Court Case Numbers: 08-1789A (SMB), 10-4387. (Attachments: #1 Notice of Reports and Recommendation)(bkar) |
| Filing 1 BANKRUPTCY COURT PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW TO THE DISTRICT COURT By Judge Stuart M. Bernstein Re: Order dated March 22, 2018. Bankruptcy Court Case Numbers: 08-1789A (SMB), 10-4387. (Attachments: #1 Notice of Reports and Recommendation)(bkar) |
| Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (bkar) |
| Case Designated ECF. (bkar) |
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