Great Western Insurance Company v. Graham et al
Plaintiff: Great Western Insurance Company
Defendant: Edward Brendan Lynch, Blue Elite Fund LP, Alpha Re Holdings (Cayman) Limited, Cygnet 001 Master Trust, Donald Solow, Alpha RE Limited, Cygnet 001 Master Trust Series 2013-A, Mark Graham, Ability Insurance Company, Sancus Capital Blue Credit Opportunities Fund Ltd., Gregory Tolaram, Regatta Holdings LLC, Cygnet 001 Master Trust Series 2011-C, Christiana Trust, Blue Alternative Asset Management, LLC, Atlantic Specialty Finance, Blue Capital Management, Inc., Blue Elite Fund Ltd., John Drake, Wilmington Savings Fund Society, FSB, Cygnet 001 Master Trust Series 2011-A, Blue II Ltd., Advantage Capital Holding, LLC, Kenneth King and Dan Cathcart
Case Number: 1:2018cv06249
Filed: July 10, 2018
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Vernon S Broderick
Nature of Suit: Other Fraud
Cause of Action: 18:1962
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 20, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 20, 2020 Filing 215 LETTER addressed to Judge Vernon S. Broderick from Gerard D. Kelly dated October 20, 2020 re: Great Western's letter-motion to the Court to compel defendants Wilmington Savings Fund (WSFS) to respond to certain jurisdictional discovery requests (Dkt. No. 212). Document filed by Great Western Insurance Company. (Attachments: #1 Exhibit A).(Kelly, Gerard)
October 14, 2020 Filing 214 NOTICE OF APPEARANCE by Aliza Ross Zasky on behalf of Gregory Tolaram..(Zasky, Aliza)
October 9, 2020 Filing 213 LETTER RESPONSE in Opposition to Motion addressed to Judge Vernon S. Broderick from Stephanie Chomentowski dated October 9, 2020 re: #212 LETTER MOTION to Compel Defendants Wilimington Savings Fund Society,and Christiana Trust ("WSFS") to certain discovery requests in accordance with the Courts Order (Dkt. No. 190) permitting Great Western to undertake jurisdictional disco . Document filed by Christiana Trust, Wilmington Savings Fund Society, FSB..(Yan, Huaou)
October 2, 2020 Filing 212 LETTER MOTION to Compel Defendants Wilimington Savings Fund Society,and Christiana Trust ("WSFS") to certain discovery requests in accordance with the Courts Order (Dkt. No. 190) permitting Great Western to undertake jurisdictional discovery addressed to Judge Vernon S. Broderick from Gerard D. Kelly dated October 2, 2020. Document filed by Great Western Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Kelly, Gerard)
September 29, 2020 Opinion or Order Filing 211 MEMO ENDORSEMENT on re: #210 Letter filed by Great Western Insurance Company. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Motions due by 10/2/2020., Responses due by 10/9/2020) (Signed by Judge Vernon S. Broderick on 9/29/2020) (rro)
September 25, 2020 Filing 210 LETTER addressed to Judge Vernon S. Broderick from Gerard D. Kelly dated September 25, 2020 re: jurisdictional discovery. Document filed by Great Western Insurance Company..(Kelly, Gerard)
September 24, 2020 Filing 209 ANSWER to #106 Amended Complaint,,,. Document filed by Gregory Tolaram..(Moore, Thomas)
September 23, 2020 Opinion or Order Filing 208 ORDER: granting #207 Letter Motion to Substitute Attorney. Application Granted. SO ORDERED. Attorney Andy S. Oh terminated. (Signed by Judge Vernon S. Broderick on 9/23/2020) (ama)
September 22, 2020 Filing 207 LETTER MOTION to Substitute Attorney. Old Attorney: Andy Oh, New Attorney: Thomas Moore addressed to Judge Vernon S. Broderick from Thomas Moore dated 9/22/2020. Document filed by Gregory Tolaram..(Moore, Thomas)
September 21, 2020 Opinion or Order Filing 206 ORDER granting #205 Letter Motion for Extension of Time to File. Application Granted. So Ordered. (Signed by Judge Vernon S. Broderick on 9/20/2020) (js)
September 17, 2020 Filing 205 CONSENT LETTER MOTION for Extension of Time to File Any Letter Motions Regarding Jurisdictional Discovery addressed to Judge Vernon S. Broderick from Stephen W. McInerney dated 9/17/2020. Document filed by Great Western Insurance Company..(McInerney, Stephen)
September 16, 2020 Filing 204 MEMO ENDORSEMENT on re: #203 Notice of Withdrawal of Appearance and Request for Removal from Service. filed by Sancus Capital Blue Credit Opportunities Fund Ltd. ENDORSEMENT: APPLICATION GRANTED. The Clerk of Court is directed to remove Shrey Sharma from electronic notification service, and any other mailing or service list in this proceeding., Attorney Shrey Sharma terminated. (Signed by Judge Vernon S. Broderick on 9/16/2020) (rj)
September 15, 2020 Filing 203 NOTICE of Withdrawal of Appearance and Request for Removal from Service. Document filed by Sancus Capital Blue Credit Opportunities Fund Ltd...(Sharma, Shrey)
September 8, 2020 Set/Reset Deadlines: Motions due by 9/18/2020. Responses due by 9/25/2020 (rro)
September 8, 2020 Opinion or Order Filing 202 ORDER granting #199 Letter Motion for Extension of Time to File. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/8/2020) (rro)
September 3, 2020 Filing 201 ANSWER to #106 Amended Complaint,,, with JURY DEMAND. Document filed by Ability Insurance Company, Advantage Capital Holding, LLC, Dan Cathcart, Kenneth King..(Shaftel, Harold)
September 3, 2020 Filing 200 ANSWER to #106 Amended Complaint,,,. Document filed by Cygnet 001 Master Trust, Cygnet 001 Master Trust Series 2011-A, Cygnet 001 Master Trust Series 2011-C, Cygnet 001 Master Trust Series 2013-A, Regatta Holdings LLC, Donald Solow..(Gordon, Michael)
September 3, 2020 Filing 199 JOINT LETTER MOTION for Extension of Time to File Letter Motions Regarding Jurisdictional Discovery addressed to Judge Vernon S. Broderick from Huaou Yan dated September 3, 2020. Document filed by Christiana Trust, Wilmington Savings Fund Society, FSB..(Yan, Huaou)
September 3, 2020 Filing 198 ANSWER to #106 Amended Complaint,,, with JURY DEMAND. Document filed by Sancus Capital Blue Credit Opportunities Fund Ltd...(Yoskowitz, Jack)
September 3, 2020 Filing 197 ANSWER to #106 Amended Complaint,,,. Document filed by Blue Alternative Asset Management, LLC, Blue Capital Management, Inc., Blue Elite Fund LP, Blue Elite Fund Ltd., Blue II Ltd., Mark Graham..(Breslin, Eric)
September 2, 2020 Filing 196 JOINT LETTER MOTION for Discovery - adjustment to jurisdictional discovery order addressed to Judge Vernon S. Broderick from Eric R. Breslin dated September 2, 2020. Document filed by Blue Elite Fund Ltd., Blue II Ltd...(Breslin, Eric)
August 21, 2020 Opinion or Order Filing 195 ORDER granting #194 Letter Motion for Extension of Time to Answer re #106 Amended Complaint. APPLICATION GRANTED. SO ORDERED. (Ability Insurance Company answer due 9/3/2020; Advantage Capital Holding, LLC answer due 9/3/2020; Blue Alternative Asset Management, LLC answer due 9/3/2020; Blue Elite Fund LP answer due 9/3/2020; Blue Elite Fund Ltd. answer due 9/3/2020; Dan Cathcart answer due 9/3/2020; Cygnet 001 Master Trust answer due 9/3/2020; Cygnet 001 Master Trust Series 2011-A answer due 9/3/2020; Cygnet 001 Master Trust Series 2011-C answer due 9/3/2020; John Drake answer due 9/3/2020; Mark Graham answer due 9/3/2020; Kenneth King answer due 9/3/2020; Regatta Holdings LLC answer due 9/3/2020; Sancus Capital Blue Credit Opportunities Fund Ltd. answer due 9/3/2020; Donald Solow answer due 9/3/2020; Gregory Tolaram answer due 9/3/2020.) (Signed by Judge Vernon S. Broderick on 8/21/2020) (rro)
August 19, 2020 Filing 194 CONSENT LETTER MOTION for Extension of Time to File Answer re: #106 Amended Complaint,,, on behalf of all defendants listed in footnote 1 on the bottom of page 1 of this letter addressed to Judge Vernon S. Broderick from Hal S.Shaaftel dated August 19, 2020. Document filed by Ability Insurance Company, Advantage Capital Holding, LLC, Dan Cathcart, Kenneth King..(Shaftel, Harold)
August 19, 2020 Filing 193 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - (SEE #194) CONSENT LETTER MOTION for Extension of Time to File Answer re: #106 Amended Complaint,,, on behalf of all defendants listed in footnote 1 of this letter addressed to Judge Vernon S. Broderick from Hal S. Shaftel dated August 19, 2020. Document filed by Ability Insurance Company, Atlantic Specialty Finance, Dan Cathcart, Kenneth King..(Shaftel, Harold) Modified on 8/20/2020 (kj).
July 23, 2020 Opinion or Order Filing 192 MEMO ENDORSEMENT on re: #191 Letter Jurisdictional Discovery Schedule filed by Great Western Insurance Company. ENDORSEMENT : Application Granted. So Ordered., ( Motions due by 9/4/2020., Responses due by 9/11/2020) (Signed by Judge Vernon S. Broderick on 7/23/20) (yv)
July 22, 2020 Filing 191 LETTER addressed to Judge Vernon S. Broderick from Gerard D. Kelly dated July 22, 2020 re: Jurisdictional Discovery Schedule. Document filed by Great Western Insurance Company..(Kelly, Gerard)
June 22, 2020 Opinion or Order Filing 190 OPINION & ORDER re: #133 MOTION to Dismiss . filed by Advantage Capital Holding, LLC, Ability Insurance Company, Dan Cathcart, Kenneth King, #168 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim. filed by Gregory Tolaram, #130 MOTION to Dismiss Court 2-8 and 11 of the Second Amended Complaint. filed by Cygnet 001 Master Trust, Donald Solow, Cygnet 001 Master Trust Series 2011-A, Regatta Holdings LLC, Cygnet 001 Master Trust Series 2013-A, Cygnet 001 Master Trust Series 2011-C, #128 MOTION to Dismiss the Second Amended Complaint. filed by Sancus Capital Blue Credit Opportunities Fund Ltd., #125 MOTION to Dismiss Blue Defendants from Second Amended Complaint. MOTION to Dismiss for Lack of Jurisdiction Blue Capital Management, Blue Elite Fund Ltd., Blue II, Ltd. from Second Amended Complaint. filed by Blue II Ltd., Mark Graham, Blue Elite Fund Ltd., Blue Alternative Asset Management, LLC, Blue Elite Fund LP, Blue Capital Management, Inc., #136 MOTION to Dismiss Plaintiff's Second Amended Complaint. filed by Wilmington Savings Fund Society, FSB, Christiana Trust. For the foregoing reasons, the Moving Defendants' motions are GRANTED IN PART AND DENIED IN PART, as follows: The motions to dismiss for lack of personal jurisdiction by BCM and Tolaram are DENIED. Plaintiff is granted leave to conduct jurisdictional discovery as to WSFS, BEF Ltd., and Blue II, and their motions to dismiss are denied without prejudice to refiling after the completion of jurisdictional discovery. Plaintiff shall meet and confer with WSFS, BEF Ltd., and Blue II and submit a schedule for jurisdictional discovery and supplemental briefing on the motions to dismiss within thirty (30) days. The following of Plaintiff's claims are dismissed: fraud against Regatta; aiding and abetting a breach of fiduciary duty against Regatta, Cygnet, Series 2011-A, Series 2013-A, and ACH; aiding and abetting fraud against BEF LP, Regatta, Cygnet, Series 2011-A, Series 2013-A, Sancus, and ACH; all RICO claims; and all civil conspiracy to commit fraud claims. The following of Plaintiff's claims against the Moving Defendants survive: breach of fiduciary duty against BAAM and Graham; aiding and abetting breach of fiduciary duty against BCM, BEF LP, Solow, Series 2011-C, Sancus, Tolaram, King, and Cathcart; fraud against BCM, BAAM, Graham, Solow, and Tolaram; aiding and abetting fraud against Series 2011-C, King, and Cathcart; unjust enrichment against all Moving Defendants; and conversion against Ability. Defendants shall file answers within sixty (60) days of this Opinion & Order. The Clerk of Court is respectfully directed to terminate the open motions at Documents 125, 128, 130, 133, 136, and 168. (Signed by Judge Vernon S. Broderick on 6/22/2020) (rro)
October 29, 2019 Opinion or Order Filing 189 ORDER granting #188 Motion to Withdraw as Attorney. Accordingly, it is hereby: ORDERED that counsel's motion is GRANTED. The Clerk of Court is respectfully directed to terminate the motion at Document 188. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/29/2019) Attorney John Prinzivalli terminated (ks)
October 28, 2019 Filing 188 MOTION for John A. Prinzivalli to Withdraw as Attorney . Document filed by Great Western Insurance Company.(Prinzivalli, John)
July 24, 2019 Filing 187 REPLY AFFIRMATION of Gregory Tolaram in Support re: #168 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim.. Document filed by Gregory Tolaram. (Oh, Andy)
July 24, 2019 Filing 186 REPLY MEMORANDUM OF LAW in Support re: #168 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim. . Document filed by Gregory Tolaram. (Oh, Andy)
July 10, 2019 Filing 185 DECLARATION of Stephen McInerney in Opposition re: #168 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim.. Document filed by Great Western Insurance Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17)(Kelly, Gerard)
July 10, 2019 Filing 184 DECLARATION of Brian Lindquist in Opposition re: #168 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim.. Document filed by Great Western Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kelly, Gerard)
July 10, 2019 Filing 183 MEMORANDUM OF LAW in Opposition re: #168 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim. . Document filed by Great Western Insurance Company. (Kelly, Gerard)
June 26, 2019 Opinion or Order Filing 182 MEMO ENDORSEMENT on re: #181 Notice (Other) filed by Blue II Ltd., Mark Graham, Blue Elite Fund Ltd., Blue Alternative Asset Management, LLC, Blue Elite Fund LP, Blue Capital Management, Inc. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Attorney Patrick Ryan McElduff terminated.) (Signed by Judge Vernon S. Broderick on 6/26/2019) (rro)
June 25, 2019 Filing 181 NOTICE of WITHDRAWAL OF APPEARANCE OF PATRICK RYAN MCELDUFF. Document filed by Blue Alternative Asset Management, LLC, Blue Capital Management, Inc., Blue Elite Fund LP, Blue Elite Fund Ltd., Blue II Ltd., Mark Graham. (Carbin, James)
June 24, 2019 Opinion or Order Filing 180 ORDER granting #179 Letter Motion for Extension of Time to File Response/Reply re #179 LETTER MOTION for Extension of Time to File Response/Reply as to #178 Order on Motion for Extension of Time, Seeking an Extension of Time for Defendant Gregory Tolaram to submit his reply papers on motion to dismiss on grounds of lack of per. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 6/24/2019) Replies due by 7/24/2019. (ks)
June 21, 2019 Filing 179 LETTER MOTION for Extension of Time to File Response/Reply as to #178 Order on Motion for Extension of Time, Seeking an Extension of Time for Defendant Gregory Tolaram to submit his reply papers on motion to dismiss on grounds of lack of personal jurisdiction addressed to Judge Vernon S. Broderick from Andy S. Oh dated June 21, 2019. Document filed by Gregory Tolaram.(Oh, Andy)
June 20, 2019 Set/Reset Deadlines: Deposition due by 6/26/2019, Responses due by 7/10/2019. (jca)
June 20, 2019 Opinion or Order Filing 178 ORDER granting #177 LETTER MOTION for Extension of Time to postpone deposition. The Court notes that the parties' proposal postpones all deadlines by one week with the exception of the deadline for Defendant Mr. Tolaram's reply brief, which remains due by July 17, 2019. If the parties intended to set a different deadline, they are directed to inform the Court what date they propose. APPLICATION GRANTED SO ORDERED. (Signed by Judge Vernon S. Broderick on 6/20/2019) (jca)
June 19, 2019 Filing 177 LETTER MOTION for Extension of Time to postpone deposition addressed to Judge Vernon S. Broderick from Stephen W. McInerney dated 6/19/19. Document filed by Great Western Insurance Company.(McInerney, Stephen)
June 3, 2019 Opinion or Order Filing 176 MEMO ENDORSEMENT on re: #175 Letter filed by Great Western Insurance Company. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Responses due by 7/3/2019, Replies due by 7/17/2019.) (Signed by Judge Vernon S. Broderick on 6/3/2019) (rro)
May 29, 2019 Filing 175 LETTER addressed to Judge Vernon S. Broderick from Stephen W. McInerney dated May 29, 2019 re: Schedule for jurisdictional discovery and briefing on Motion to Dismiss. Document filed by Great Western Insurance Company.(McInerney, Stephen)
May 29, 2019 Filing 174 LETTER RESPONSE to Motion addressed to Judge Vernon S. Broderick from Andy S. Oh dated May 29, 2019 re: #173 LETTER MOTION for Discovery / Approval of Limited Jurisdictional Discovery and Modification of Briefing Schedule Regarding Motion to Dismiss addressed to Judge Vernon S. Broderick from Stephen W. McInerney dated May 28, 2019. . Document filed by Gregory Tolaram. (Oh, Andy)
May 28, 2019 Filing 173 LETTER MOTION for Discovery / Approval of Limited Jurisdictional Discovery and Modification of Briefing Schedule Regarding Motion to Dismiss addressed to Judge Vernon S. Broderick from Stephen W. McInerney dated May 28, 2019. Document filed by Great Western Insurance Company.(McInerney, Stephen)
May 28, 2019 Opinion or Order Filing 172 MEMO ENDORSEMENT granting #171 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. Attorney Michael Patrick Morrissey terminated. (Signed by Judge Vernon S. Broderick on 5/28/2019) (jca)
May 24, 2019 Filing 171 MOTION for Michael Patrick Morrissey to Withdraw as Attorney . Document filed by Great Western Insurance Company.(Kelly, Gerard)
May 17, 2019 Filing 170 MEMORANDUM OF LAW in Support re: #168 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim. . Document filed by Gregory Tolaram. (Oh, Andy)
May 17, 2019 Filing 169 DECLARATION of Gregory Tolaram in Support re: #168 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim.. Document filed by Gregory Tolaram. (Oh, Andy)
May 17, 2019 Filing 168 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim. Document filed by Gregory Tolaram.(Oh, Andy)
May 2, 2019 Opinion or Order Filing 167 ORDER granting #166 Letter Motion for Extension of Time to Answer re #106 Amended Complaint. APPLICATION GRANTED. SO ORDERED. Defendant Tolaram's deadline to respond to the complaint is extended until May 17, 2019. (Gregory Tolaram answer due 5/17/2019.) (Signed by Judge Vernon S. Broderick on 5/2/2019) (rro)
May 1, 2019 Filing 166 SECOND LETTER MOTION for Extension of Time to File Answer addressed to Judge Vernon S. Broderick from Andy S. Oh dated May 1, 2019. Document filed by Gregory Tolaram.(Oh, Andy)
April 25, 2019 Opinion or Order Filing 165 NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE AS TO DEFENDANTS DRAKE AND LYNCH ONLY, PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(A)(i): PLEASE TAKE NOTICE THAT: Plaintiff hereby voluntarily dismisses with prejudice the above-captioned action as to Drake and Lynch only. SO ORDERED. (John Drake and Edward Brendan Lynch terminated.) (Signed by Judge Vernon S. Broderick on 4/25/2019) (rro)
April 25, 2019 ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #164 Notice of Voluntary Dismissal was reviewed and referred to Judge Vernon S. Broderick for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (dt)
April 24, 2019 Filing 164 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) John Drake, Edward Brendan Lynch. Document filed by Great Western Insurance Company. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Kelly, Gerard)
April 3, 2019 Opinion or Order Filing 163 ORDER with respect to #162 Letter Motion for Oral Argument. I am in receipt of the parties' letters, (Docs. 155, 156, 158, 160, 162) requesting oral argument on the pending motions. Per my individual rules, I will review the parties' papers pertaining to the motions and if I determine oral argument would be useful, I will advise counsel of that fact and the argument date. SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/3/2019) (rro)
April 2, 2019 Filing 162 LETTER MOTION for Oral Argument addressed to Judge Vernon S. Broderick from Huaou Yan dated April 2, 2019. Document filed by Christiana Trust, Wilmington Savings Fund Society, FSB.(Yan, Huaou)
April 2, 2019 Filing 161 REPLY MEMORANDUM OF LAW in Support re: #136 MOTION to Dismiss Plaintiff's Second Amended Complaint. . Document filed by Christiana Trust, Wilmington Savings Fund Society, FSB. (Yan, Huaou)
April 2, 2019 Filing 160 LETTER MOTION for Oral Argument of Ability Defendants Motion To Dismiss (Doc# 133) addressed to Judge Vernon S. Broderick from Hal S. Shaftel dated April 2, 2019. Document filed by Ability Insurance Company, Advantage Capital Holding, LLC, Dan Cathcart, Kenneth King.(Shaftel, Harold)
April 2, 2019 Filing 159 REPLY MEMORANDUM OF LAW in Support re: #133 MOTION to Dismiss . The Specific Claims Pleaded Against Movants. Document filed by Ability Insurance Company, Advantage Capital Holding, LLC, Dan Cathcart, Kenneth King. (Shaftel, Harold)
April 2, 2019 Filing 158 LETTER MOTION for Oral Argument on Blue Defendants' Motion to Dismiss Great Western Insurance Co.'s Second Amended Complaint (ECF No. 125) addressed to Judge Vernon S. Broderick from Eric R. Breslin dated April 2, 2019. Document filed by Blue Alternative Asset Management, LLC, Blue Capital Management, Inc., Blue Elite Fund LP, Blue Elite Fund Ltd., Blue II Ltd., Mark Graham.(Breslin, Eric)
April 2, 2019 Filing 157 REPLY MEMORANDUM OF LAW in Support re: #128 MOTION to Dismiss the Second Amended Complaint. . Document filed by Sancus Capital Blue Credit Opportunities Fund Ltd.. (Yoskowitz, Jack)
April 2, 2019 Filing 156 LETTER MOTION for Oral Argument addressed to Judge Vernon S. Broderick from Jack Yoskowitz dated April 2, 2019. Document filed by Sancus Capital Blue Credit Opportunities Fund Ltd..(Yoskowitz, Jack)
April 2, 2019 Filing 155 LETTER MOTION for Oral Argument on SRC Defendants' Motion to Dismiss Counts 2-8 and 11 of the Second Amended Complaint addressed to Judge Vernon S. Broderick from Michael S. Gordon dated April 2, 2019. Document filed by Cygnet 001 Master Trust, Cygnet 001 Master Trust Series 2011-A, Cygnet 001 Master Trust Series 2011-C, Cygnet 001 Master Trust Series 2013-A, Regatta Holdings LLC, Donald Solow.(Gordon, Michael)
April 2, 2019 Filing 154 REPLY MEMORANDUM OF LAW in Support re: #130 MOTION to Dismiss Court 2-8 and 11 of the Second Amended Complaint. . Document filed by Cygnet 001 Master Trust, Cygnet 001 Master Trust Series 2011-A, Cygnet 001 Master Trust Series 2011-C, Cygnet 001 Master Trust Series 2013-A, Regatta Holdings LLC, Donald Solow. (Gordon, Michael)
April 2, 2019 Filing 153 REPLY MEMORANDUM OF LAW in Support re: #125 MOTION to Dismiss Blue Defendants from Second Amended Complaint. MOTION to Dismiss for Lack of Jurisdiction Blue Capital Management, Blue Elite Fund Ltd., Blue II, Ltd. from Second Amended Complaint. . Document filed by Blue Alternative Asset Management, LLC, Blue Capital Management, Inc., Blue Elite Fund LP, Blue Elite Fund Ltd., Blue II Ltd., Mark Graham. (Breslin, Eric)
April 2, 2019 Filing 152 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Advantage Capital Partners for Ability Insurance Company, Advantage Capital Holding, LLC, Dan Cathcart, Kenneth King. Document filed by Ability Insurance Company, Advantage Capital Holding, LLC, Dan Cathcart, Kenneth King.(Shaftel, Harold)
April 2, 2019 Filing 151 NOTICE OF APPEARANCE by Harold S. Shaftel on behalf of Advantage Capital Holding, LLC, Dan Cathcart, Kenneth King. (Shaftel, Harold)
April 2, 2019 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Notice to Attorney Harold S. Shaftel to RE-FILE Document #148 Rule 7.1 Corporate Disclosure Statement. The information listed on the PDF is inconsistent with the docket entry and filer selected. (ldi)
April 1, 2019 Opinion or Order Filing 150 ORDER granting #149 Letter Motion for Extension of Time to Answer re #106 Amended Complaint. APPLICATION GRANTED. SO ORDERED. (Gregory Tolaram answer due 5/1/2019.) (Signed by Judge Vernon S. Broderick on 4/1/2019) (rro)
March 29, 2019 Filing 149 LETTER MOTION for Extension of Time to File Answer addressed to Judge Vernon S. Broderick from Andy S. Oh dated March 29, 2019. Document filed by Gregory Tolaram.(Oh, Andy)
March 29, 2019 Filing 148 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Advantage Capital Partners for Ability Insurance Company. Document filed by Ability Insurance Company.(Shaftel, Harold) Modified on 4/2/2019 (ldi).
March 18, 2019 Set/Reset Deadlines: Gregory Tolaram answer due 4/1/2019. (anc)
March 18, 2019 Opinion or Order Filing 147 ORDER granting #146 Letter Motion for Extension of Time. APPLICATION DENIED. Defendant Toloarm is directed to respond to the Second Amended Complaint on or before April 1, 2019. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/18/2019) (anc)
March 14, 2019 Filing 146 LETTER MOTION for Extension of Time addressed to Judge Vernon S. Broderick from Andy S. Oh dated March 14, 2019. Document filed by Gregory Tolaram.(Oh, Andy)
March 12, 2019 Filing 145 MEMORANDUM OF LAW in Opposition re: #130 MOTION to Dismiss Court 2-8 and 11 of the Second Amended Complaint. Re: Solow, Regatta, and Cygnet Entities. Document filed by Great Western Insurance Company. (Kelly, Gerard)
March 12, 2019 Filing 144 MEMORANDUM OF LAW in Opposition re: #125 MOTION to Dismiss Blue Defendants from Second Amended Complaint. MOTION to Dismiss for Lack of Jurisdiction Blue Capital Management, Blue Elite Fund Ltd., Blue II, Ltd. from Second Amended Complaint. Re: Graham and Blue Entities. Document filed by Great Western Insurance Company. (Kelly, Gerard)
March 12, 2019 Filing 143 MEMORANDUM OF LAW in Opposition re: #136 MOTION to Dismiss Plaintiff's Second Amended Complaint. Re: WSFS. Document filed by Great Western Insurance Company. (Kelly, Gerard)
March 12, 2019 Filing 142 MEMORANDUM OF LAW in Opposition re: #133 MOTION to Dismiss . Re: Ability Defendants. Document filed by Great Western Insurance Company. (Kelly, Gerard)
March 12, 2019 Filing 141 MEMORANDUM OF LAW in Opposition re: #128 MOTION to Dismiss the Second Amended Complaint. . Document filed by Great Western Insurance Company. (Kelly, Gerard)
March 11, 2019 Opinion or Order Filing 140 ORDER granting #139 Letter Motion for Leave to File Excess Pages. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/11/2019) (kv)
March 8, 2019 Filing 139 LETTER MOTION for Leave to File Excess Pages for Memorandum of Law in Opposition to Graham and the Blue Defendants' Motion to Dismiss the Second Amended Complaint addressed to Judge Vernon S. Broderick from Gerard D. Kelly dated March 8, 2019. Document filed by Great Western Insurance Company.(Kelly, Gerard)
February 5, 2019 Filing 138 DECLARATION of John L. Olsen in Support re: #136 MOTION to Dismiss Plaintiff's Second Amended Complaint.. Document filed by Christiana Trust, Wilmington Savings Fund Society, FSB. (Yan, Huaou)
February 5, 2019 Filing 137 MEMORANDUM OF LAW in Support re: #136 MOTION to Dismiss Plaintiff's Second Amended Complaint. . Document filed by Christiana Trust, Wilmington Savings Fund Society, FSB. (Yan, Huaou)
February 5, 2019 Filing 136 MOTION to Dismiss Plaintiff's Second Amended Complaint. Document filed by Christiana Trust, Wilmington Savings Fund Society, FSB. Responses due by 3/12/2019 (Attachments: #1 Text of Proposed Order)(Yan, Huaou)
February 5, 2019 Filing 135 MEMORANDUM OF LAW in Support re: #133 MOTION to Dismiss . . Document filed by Ability Insurance Company, Advantage Capital Holding, LLC, Dan Cathcart, Kenneth King. (Shaftel, Harold)
February 5, 2019 Filing 134 DECLARATION of Hal S. Shaftel in Support re: #133 MOTION to Dismiss .. Document filed by Ability Insurance Company, Advantage Capital Holding, LLC, Dan Cathcart, Kenneth King. (Attachments: #1 Exhibit A Coinsurance Agreement, #2 Exhibit B Trust Agreement)(Shaftel, Harold)
February 5, 2019 Filing 133 MOTION to Dismiss . Document filed by Ability Insurance Company, Advantage Capital Holding, LLC, Dan Cathcart, Kenneth King.(Shaftel, Harold)
February 5, 2019 Filing 132 MEMORANDUM OF LAW in Support re: #130 MOTION to Dismiss Court 2-8 and 11 of the Second Amended Complaint. . Document filed by Cygnet 001 Master Trust, Cygnet 001 Master Trust Series 2011-A, Cygnet 001 Master Trust Series 2011-C, Cygnet 001 Master Trust Series 2013-A, Regatta Holdings LLC, Donald Solow. (Gordon, Michael)
February 5, 2019 Filing 131 DECLARATION of Michael S. Gordon in Support re: #130 MOTION to Dismiss Court 2-8 and 11 of the Second Amended Complaint.. Document filed by Cygnet 001 Master Trust, Cygnet 001 Master Trust Series 2011-A, Cygnet 001 Master Trust Series 2011-C, Cygnet 001 Master Trust Series 2013-A, Regatta Holdings LLC, Donald Solow. (Attachments: #1 Exhibit A - SEC's Cease-and-Desist Order dated 9-6-18, #2 Exhibit B - SEC's Order Directing Payment dated 9-6-18)(Gordon, Michael)
February 5, 2019 Filing 130 MOTION to Dismiss Court 2-8 and 11 of the Second Amended Complaint. Document filed by Cygnet 001 Master Trust, Cygnet 001 Master Trust Series 2011-A, Cygnet 001 Master Trust Series 2011-C, Cygnet 001 Master Trust Series 2013-A, Regatta Holdings LLC, Donald Solow.(Gordon, Michael)
February 5, 2019 Filing 129 MEMORANDUM OF LAW in Support re: #128 MOTION to Dismiss the Second Amended Complaint. . Document filed by Sancus Capital Blue Credit Opportunities Fund Ltd.. (Yoskowitz, Jack)
February 5, 2019 Filing 128 MOTION to Dismiss the Second Amended Complaint. Document filed by Sancus Capital Blue Credit Opportunities Fund Ltd..(Yoskowitz, Jack)
February 5, 2019 Filing 127 MEMORANDUM OF LAW in Support re: #125 MOTION to Dismiss Blue Defendants from Second Amended Complaint. MOTION to Dismiss for Lack of Jurisdiction Blue Capital Management, Blue Elite Fund Ltd., Blue II, Ltd. from Second Amended Complaint. . Document filed by Blue Alternative Asset Management, LLC, Blue Capital Management, Inc., Blue Elite Fund LP, Blue Elite Fund Ltd., Blue II Ltd., Mark Graham. (Breslin, Eric)
February 5, 2019 Filing 126 DECLARATION of Mark R. Graham in Support re: #125 MOTION to Dismiss Blue Defendants from Second Amended Complaint. MOTION to Dismiss for Lack of Jurisdiction Blue Capital Management, Blue Elite Fund Ltd., Blue II, Ltd. from Second Amended Complaint.. Document filed by Blue Alternative Asset Management, LLC, Blue Capital Management, Inc., Blue Elite Fund LP, Blue Elite Fund Ltd., Blue II Ltd., Mark Graham. (Breslin, Eric)
February 5, 2019 Filing 125 MOTION to Dismiss Blue Defendants from Second Amended Complaint., MOTION to Dismiss for Lack of Jurisdiction Blue Capital Management, Blue Elite Fund Ltd., Blue II, Ltd. from Second Amended Complaint.( Responses due by 3/12/2019) Document filed by Blue Alternative Asset Management, LLC, Blue Capital Management, Inc., Blue Elite Fund LP, Blue Elite Fund Ltd., Blue II Ltd., Mark Graham.(Breslin, Eric)
February 5, 2019 Opinion or Order Filing 124 ORDER granting #123 Letter Motion for Extension of Time to Answer re #69 Amended Complaint. APPLICATION GRANTED. SO ORDERED. (Gregory Tolaram answer due 3/4/2019.) (Signed by Judge Vernon S. Broderick on 2/5/2019) (rro)
February 4, 2019 Filing 123 LETTER MOTION for Extension of Time to File Answer addressed to Judge Vernon S. Broderick from Andy S. Oh dated February 4, 2019. Document filed by Gregory Tolaram.(Oh, Andy)
February 4, 2019 Filing 122 NOTICE OF APPEARANCE by Andy S. Oh on behalf of Gregory Tolaram. (Oh, Andy)
January 17, 2019 Opinion or Order Filing 121 ORDER granting #120 Letter Motion for Leave to File Excess Pages. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/17/2019) (kv)
January 16, 2019 Filing 120 LETTER MOTION for Leave to File Excess Pages for Memorandum of Law in Support of Motion to Dismiss Second Amended Complaint addressed to Judge Vernon S. Broderick from Eric R. Breslin dated 01/16/2019. Document filed by Blue Alternative Asset Management, LLC, Blue Capital Management, Inc., Blue Elite Fund LP, Blue Elite Fund Ltd., Blue II Ltd., Mark Graham.(Breslin, Eric)
January 10, 2019 Opinion or Order Filing 119 MEMO ENDORSEMENT on re: #118 Letter filed by Great Western Insurance Company. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. ( Responses due by 3/12/2019, Replies due by 4/2/2019.) (Signed by Judge Vernon S. Broderick on 1/10/2019) (rro)
January 9, 2019 Filing 118 LETTER addressed to Judge Vernon S. Broderick from Gerard D. Kelly dated January 9, 2019 re: Agreement With Drake And Lynch. Document filed by Great Western Insurance Company.(Kelly, Gerard)
January 2, 2019 Filing 117 AFFIDAVIT OF SERVICE of Summons In a Civil Action and Seconded Amended Complaint served on DAN CATHCART C/0: ADVANTAGE CAPITAL HOLDINGS, LLC, on December 20, 2018. Service was accepted by Frank Mayer, Counsel. Document filed by Great Western Insurance Company. (Kelly, Gerard)
January 2, 2019 Filing 116 AFFIDAVIT OF SERVICE of Summons In a Civil Action and Seconded Amended Complaint served on KENNETH KING C/0: ADVANTAGE CAPITAL HOLDINGS, LLC, on December 20, 2018. Service was accepted by Frank Mayer, Counsel. Document filed by Great Western Insurance Company. (Kelly, Gerard)
January 2, 2019 Filing 115 AFFIDAVIT OF SERVICE of Summons In a Civil Action and Seconded Amended Complaint served on Advantage Capital Holdings, LLC on December 20, 2018. Service was accepted by Frank Mayer, Counsel. Document filed by Great Western Insurance Company. (Kelly, Gerard)
December 26, 2018 Opinion or Order Filing 114 MEMO ENDORSEMENT on re: #110 Letter filed by Ability Insurance Company. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Motions due by 2/5/2019., Responses due by 3/12/2019, Replies due by 4/2/2019.) (Signed by Judge Vernon S. Broderick on 12/26/2018) (kv)
December 21, 2018 Opinion or Order Filing 113 ORDER granting #111 Motion for John A. Prinzivalli to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
December 21, 2018 Opinion or Order Filing 112 MEMO ENDORSEMENT granting #109 Motion to Withdraw as Attorney. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Attorney Shaun I Blick and Joseph P. McNulty terminated.) (Signed by Judge Vernon S. Broderick on 12/21/2018) (rro)
December 21, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #111 MOTION for John A. Prinzivalli to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16096889. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
December 21, 2018 Filing 111 MOTION for John A. Prinzivalli to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16096889. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Great Western Insurance Company. (Attachments: #1 Declaration of John A. Prinzivalli, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Prinzivalli, John)
December 21, 2018 Filing 110 JOINT LETTER addressed to Judge Vernon S. Broderick from Hal S. Shaftel dated 12/21/18 re: Briefing Schedule. Document filed by Ability Insurance Company.(Shaftel, Harold)
December 20, 2018 Filing 109 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Shaun I. Blick, Joseph P. McNulty, and John Burke (Kennedys CMK LLP) to Withdraw as Attorney . Document filed by Gregory Tolaram. (Attachments: #1 Affidavit Declaration of Shaun I. Blick in Support of Motion to Be Relieved)(Blick, Shaun) Modified on 1/18/2019 (db).
December 20, 2018 Filing 108 ELECTRONIC SUMMONS ISSUED as to Advantage Capital Holding, LLC, Dan Cathcart, Kenneth King. (pc)
December 19, 2018 Filing 107 REQUEST FOR ISSUANCE OF SUMMONS as to Advantage Capital Holding, LLC, Dan Cathcart, Kenneth King, re: #106 Amended Complaint,,,. Document filed by Great Western Insurance Company. (Attachments: #1 Rider)(Kelly, Gerard)
December 19, 2018 Filing 106 SECOND AMENDED COMPLAINT amending #69 Amended Complaint,,, against Ability Insurance Company, Alpha RE Limited, Alpha Re Holdings (Cayman) Limited, Atlantic Specialty Finance, Blue Alternative Asset Management, LLC, Blue Capital Management, Inc., Blue Elite Fund LP, Blue Elite Fund Ltd., Blue II Ltd., Christiana Trust, Cygnet 001 Master Trust, Cygnet 001 Master Trust Series 2011-A, Cygnet 001 Master Trust Series 2011-C, Cygnet 001 Master Trust Series 2013-A, John Drake, Mark Graham, Edward Brendan Lynch, Regatta Holdings LLC, Sancus Capital Blue Credit Opportunities Fund Ltd., Donald Solow, Gregory Tolaram, Wilmington Savings Fund Society, FSB, Advantage Capital Holding, LLC, Dan Cathcart, Kenneth King with JURY DEMAND.Document filed by Great Western Insurance Company. Related document: #69 Amended Complaint,,,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kelly, Gerard)
December 18, 2018 Opinion or Order Filing 105 ORDER granting #104 Letter Motion for Leave to File Document. APPLICATION GRANTED. I am in receipt of Plaintiff's request to file a Second Amended Complaint. Under Federal Rule of Civil Procedure 15, courts "should freely give leave" to amend pleadings "when justice so requires." Moreover, leave to amend should be liberally granted," Samad Bros., Inc. v. Bokara Rug Co. Inc., 2010 WL 4457196, at * 2 (S.D.N.Y. Oct. 18, 2010), and leave may be denied only where there is undue delay, bad faith, undue prejudice to the opposing party, or if amendment would be futile, RSM Prod. Corp. v. Fridman, 2008 WL 474144, at *3 (S.D.N.Y. Feb. 19, 2008). Because Plaintiff does not appear to be seeking leave to amend for any improper purpose, and I see no reason why the requested amendment would prejudice Defendants or cause undue delay, and because no Defendant filed an objection to Plaintiff's request, the request is granted. Plaintiff shall serve its Second Amended Complaint on or before December 21, 2018. SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/18/2018) (rj)
December 12, 2018 Filing 104 LETTER MOTION for Leave to File Second Amended Complaint addressed to Judge Vernon S. Broderick from Gerard D. Kelly dated December 12, 2018. Document filed by Great Western Insurance Company. (Attachments: #1 Exhibit A - Proposed Second Amended Complaint (without Exhibits), #2 Exhibit B - Comparison of the Proposed SAC to the FAC)(Kelly, Gerard)
December 12, 2018 Filing 103 MEMORANDUM OF LAW in Opposition re: #83 MOTION to Dismiss Plaintiff's First Amended Complaint. . Document filed by Great Western Insurance Company. (Kelly, Gerard)
December 12, 2018 Filing 102 MEMORANDUM OF LAW in Opposition re: #77 MOTION to Dismiss Counts Two Through Eight and Eleven of Plaintiff's First Amended Complaint. . Document filed by Great Western Insurance Company. (Kelly, Gerard)
December 12, 2018 Filing 101 MEMORANDUM OF LAW in Opposition re: #74 MOTION to Dismiss . . Document filed by Great Western Insurance Company. (Kelly, Gerard)
December 12, 2018 Filing 100 MEMORANDUM OF LAW in Opposition re: #80 MOTION to Dismiss the Amended Complaint. . Document filed by Great Western Insurance Company. (Kelly, Gerard)
December 12, 2018 Filing 99 MEMORANDUM OF LAW in Opposition re: #73 MOTION to Dismiss Blue Defendants. MOTION to Dismiss for Lack of Jurisdiction Blue Capital Management, Blue Elite Fund Ltd., Blue II, Ltd.. Blue Alternative Asset Management, LLC, Blue Elite Fund L.P., and Mark Graham. Document filed by Great Western Insurance Company. (Kelly, Gerard)
December 10, 2018 Filing 98 NOTICE OF APPEARANCE by Andrew Jacobson on behalf of Sancus Capital Blue Credit Opportunities Fund Ltd.. (Jacobson, Andrew)
December 3, 2018 Filing 97 NOTICE OF APPEARANCE by Joseph P. McNulty on behalf of Gregory Tolaram. (McNulty, Joseph)
November 30, 2018 Filing 96 NOTICE OF APPEARANCE by Shaun I Blick on behalf of Gregory Tolaram. (Blick, Shaun)
November 30, 2018 Opinion or Order Filing 95 ORDER granting #94 Motion for Shaun I. Blick to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
November 29, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #94 MOTION for Shaun I. Blick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15978710. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
November 29, 2018 Filing 94 MOTION for Shaun I. Blick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15978710. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Gregory Tolaram. (Attachments: #1 Affidavit Declaration of Shaun I. Blick in Support of Motion for Pro Hac Vice Admission, #2 Exhibit Exhibit A - Certificate of Good Standing (New York), #3 Exhibit Exhibit B - Certificate of Good Standing (New Jersey), #4 Text of Proposed Order Proposed Order for Admission of Shaun I. Blick Pro Hac Vice)(Blick, Shaun)
November 21, 2018 Filing 93 JOINT MEMORANDUM OF LAW in Support re: #91 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Edward Brendan Lynch. (Oh, Andy)
November 21, 2018 Filing 92 DECLARATION of Edward Brendan Lynch in Support re: #91 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Edward Brendan Lynch. (Oh, Andy)
November 21, 2018 Filing 91 MOTION to Dismiss for Lack of Jurisdiction . Document filed by Edward Brendan Lynch.(Oh, Andy)
November 21, 2018 Filing 90 NOTICE OF APPEARANCE by Andy S. Oh on behalf of Edward Brendan Lynch. (Oh, Andy)
November 21, 2018 Filing 89 JOINT MEMORANDUM OF LAW in Support re: #87 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by John Drake. (Moore, Thomas)
November 21, 2018 Filing 88 DECLARATION of John Drake in Support re: #87 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by John Drake. (Moore, Thomas)
November 21, 2018 Filing 87 MOTION to Dismiss for Lack of Jurisdiction . Document filed by John Drake.(Moore, Thomas)
November 1, 2018 Filing 86 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Blue Alternative Asset Management, LLC, Blue Capital Management, Inc., Blue Elite Fund LP, Blue Elite Fund Ltd., Blue II Ltd..(Breslin, Eric)
October 31, 2018 Filing 85 DECLARATION of John L. Olsen in Support re: #83 MOTION to Dismiss Plaintiff's First Amended Complaint.. Document filed by Christiana Trust, Wilmington Savings Fund Society, FSB. (Yan, Huaou)
October 31, 2018 Filing 84 MEMORANDUM OF LAW in Support re: #83 MOTION to Dismiss Plaintiff's First Amended Complaint. . Document filed by Christiana Trust, Wilmington Savings Fund Society, FSB. (Yan, Huaou)
October 31, 2018 Filing 83 MOTION to Dismiss Plaintiff's First Amended Complaint. Document filed by Christiana Trust, Wilmington Savings Fund Society, FSB. Responses due by 12/12/2018 (Attachments: #1 Text of Proposed Order)(Yan, Huaou)
October 31, 2018 Filing 82 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent WSFS Financial Corporation for Christiana Trust, Wilmington Savings Fund Society, FSB. Document filed by Christiana Trust, Wilmington Savings Fund Society, FSB.(Yan, Huaou)
October 31, 2018 Filing 81 MEMORANDUM OF LAW in Support re: #80 MOTION to Dismiss the Amended Complaint. . Document filed by Sancus Capital Blue Credit Opportunities Fund Ltd.. (Yoskowitz, Jack)
October 31, 2018 Filing 80 MOTION to Dismiss the Amended Complaint. Document filed by Sancus Capital Blue Credit Opportunities Fund Ltd..(Yoskowitz, Jack)
October 31, 2018 Filing 79 MEMORANDUM OF LAW in Support re: #77 MOTION to Dismiss Counts Two Through Eight and Eleven of Plaintiff's First Amended Complaint. . Document filed by Cygnet 001 Master Trust, Cygnet 001 Master Trust Series 2011-A, Cygnet 001 Master Trust Series 2011-C, Cygnet 001 Master Trust Series 2013-A, Regatta Holdings LLC, Donald Solow. (Gordon, Michael)
October 31, 2018 Filing 78 DECLARATION of Michael S. Gordon in Support re: #77 MOTION to Dismiss Counts Two Through Eight and Eleven of Plaintiff's First Amended Complaint.. Document filed by Cygnet 001 Master Trust, Cygnet 001 Master Trust Series 2011-A, Cygnet 001 Master Trust Series 2011-C, Cygnet 001 Master Trust Series 2013-A, Regatta Holdings LLC, Donald Solow. (Attachments: #1 Exhibit A to Gordon Declaration - SEC's Order Instituting Administrative and Cease-and-Desist Dated September 6, 2018, #2 Exhibit B to Gordon Declaration - SEC's Order Directing Payment Dated September 6, 2018)(Gordon, Michael)
October 31, 2018 Filing 77 MOTION to Dismiss Counts Two Through Eight and Eleven of Plaintiff's First Amended Complaint. Document filed by Cygnet 001 Master Trust, Cygnet 001 Master Trust Series 2011-A, Cygnet 001 Master Trust Series 2011-C, Cygnet 001 Master Trust Series 2013-A, Regatta Holdings LLC, Donald Solow.(Gordon, Michael)
October 31, 2018 Filing 76 MEMORANDUM OF LAW in Support re: #74 MOTION to Dismiss . . Document filed by Ability Insurance Company. (Shaftel, Harold)
October 31, 2018 Filing 75 DECLARATION of HAL S. SHAFTEL in Support re: #74 MOTION to Dismiss .. Document filed by Ability Insurance Company. (Attachments: #1 Exhibit A - Coinsurance Agreement, #2 Exhibit B - Trust Agreement)(Shaftel, Harold)
October 31, 2018 Filing 74 MOTION to Dismiss . Document filed by Ability Insurance Company.(Shaftel, Harold)
October 31, 2018 Filing 73 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss Blue Defendants., MOTION to Dismiss for Lack of Jurisdiction Blue Capital Management, Blue Elite Fund Ltd., Blue II, Ltd..( Responses due by 12/12/2018) Document filed by Blue Alternative Asset Management, LLC, Blue Capital Management, Inc., Blue Elite Fund LP, Blue Elite Fund Ltd., Blue II Ltd., Mark Graham. (Attachments: #1 Memorandum of Law in Support of Motion, #2 Declaration of Mark Graham in Support of Motion)(Breslin, Eric) Modified on 12/6/2018 (db).
October 25, 2018 Opinion or Order Filing 72 ORDER granting #71 Motion for Leah Ariel Mintz to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
October 24, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #71 MOTION for Leah Ariel Mintz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15799269. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
October 24, 2018 Filing 71 MOTION for Leah Ariel Mintz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15799269. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Blue Alternative Asset Management, LLC, Blue Capital Management, Inc., Blue Elite Fund LP, Blue Elite Fund Ltd., Blue II Ltd., Mark Graham. (Attachments: #1 Affidavit of Leah A. Mintz, #2 Proposed Order)(Mintz, Leah)
October 10, 2018 Filing 70 AFFIDAVIT OF SERVICE of Summons in a Civil Action, Complaint with Exhibits A-D, Civil Cover Sheet, Plaintiff's Rule 7.1 Corporate Disclosure Statement, Judge Vernon S. Broderick's Individual Rules & Practices in Civil Cases, Magistrate Judge Sarah Netburn's Individual Practices in Civil Cases and Local Rules of the United States District Courts for the Southern and Eastern Districts of New York served on John Drake on August 6, 2018. Service was accepted by John Drake. Document filed by Great Western Insurance Company. (McInerney, Stephen)
October 5, 2018 Filing 69 AMENDED COMPLAINT amending #5 Complaint,,, against Ability Insurance Company, Alpha RE Limited, Alpha Re Holdings (Cayman) Limited, Atlantic Specialty Finance, Blue Alternative Asset Management, LLC, Blue Capital Management, Inc., Blue Elite Fund LP, Blue Elite Fund Ltd., Blue II Ltd., Christiana Trust, Cygnet 001 Master Trust, Cygnet 001 Master Trust Series 2011-A, Cygnet 001 Master Trust Series 2011-C, Cygnet 001 Master Trust Series 2013-A, John Drake, Mark Graham, Edward Brendan Lynch, Regatta Holdings LLC, Sancus Capital Blue Credit Opportunities Fund Ltd., Donald Solow, Gregory Tolaram, Wilmington Savings Fund Society, FSB with JURY DEMAND.Document filed by Great Western Insurance Company. Related document: #5 Complaint,,,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Morrissey, Michael)
October 5, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Michael Patrick Morrissey to RE-FILE Document No. #68 Amended Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj)
October 4, 2018 Filing 68 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR AMENDED COMPLAINT amending #5 Complaint against All Defendants with JURY DEMAND.Document filed by Great Western Insurance Company. Related document: #5 Complaint. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Morrissey, Michael) Modified on 10/5/2018 (sj).
October 3, 2018 Minute Entry for proceedings held before Judge Vernon S. Broderick: Telephone Conference held on 10/3/2018. (msa)
October 3, 2018 Filing 67 MEMO ENDORSEMENT on re: #66 Letter, filed by Great Western Insurance Company. ENDORSEMENT: APPLICATION GRANTED. Plaintiff is granted leave to amend its complaint as set forth herein and the parties' request to set the briefing schedules outlined below is granted. (Motions due by 11/21/2018., Responses due by 1/22/2019, Replies due by 2/12/2019.) (Signed by Judge Vernon S. Broderick on 10/3/2018) (cf)
September 28, 2018 Filing 66 JOINT LETTER addressed to Judge Vernon S. Broderick from Gerard D. Kelly dated September 28, 2018 re: Briefing Schedule for Defendants' Anticipated Motions to Dismiss. Document filed by Great Western Insurance Company. (Attachments: #1 Exhibit 1 - Proposed Edit to Complaint)(Kelly, Gerard)
September 26, 2018 Filing 65 NOTICE OF APPEARANCE by Daniel E Rhynhart on behalf of Christiana Trust, Wilmington Savings Fund Society, FSB. (Rhynhart, Daniel)
September 25, 2018 Filing 64 NOTICE OF APPEARANCE by Stephanie C Chomentowski on behalf of Christiana Trust, Wilmington Savings Fund Society, FSB. (Chomentowski, Stephanie)
September 21, 2018 Set/Reset Hearings: Telephone Conference set for 10/3/2018 at 11:30 AM before Judge Vernon S. Broderick. (rro)
September 21, 2018 Opinion or Order Filing 63 MEMO ENDORSEMENT terminating #52 Letter Motion for Extension of Time to Answer re #5 Complaint; terminating #59 Letter Motion for Extension of Time to Answer; terminating #60 Letter Motion for Extension of Time to Answer. ENDORSEMENT: I am in receipt of the parties' letters. (DN 52, 56, 58-62.) I will hold a telephonic scheduling conference pertaining to the filing of Defendants' anticipated motions to dismiss on Wednesday, October 3 at 11:30am. Prior to the conference, the parties shall meet and confer and submit a joint letter outlining their proposed briefing schedule(s). If the parties cannot agree to a single briefing schedule, that should be set forth in the letter. To the extent possible, Defendants should designate one or two firms to speak on behalf of Defendants and/or groups of Defendants. The deadline for all Defendants to answer or otherwise respond to Plaintiff's complaint is adjourned until a future date that will be set following the conference. Counsel for Plaintiff shall provide the Court and Defendants with one dial-in number that may be used for the conference. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/21/2018) (rro)
September 18, 2018 Filing 62 LETTER addressed to Judge Vernon S. Broderick from Gerard E. Kelly dated September 18, 2018 re: Scheduling Conference. Document filed by Great Western Insurance Company.(Kelly, Gerard)
September 17, 2018 Filing 61 LETTER addressed to Judge Vernon S. Broderick from Michael S. Gordon dated September 17, 2018 re: Letter Applications of Counsel for the Blue Defendants and John Drake to Convene a Pre-Motion Conference. Document filed by Cygnet 001 Master Trust, Cygnet 001 Master Trust Series 2011-A, Cygnet 001 Master Trust Series 2011-C, Cygnet 001 Master Trust Series 2013-A, Regatta Holdings LLC, Donald Solow.(Gordon, Michael)
September 14, 2018 Filing 60 LETTER MOTION for Extension of Time to File Answer re: #52 LETTER MOTION for Extension of Time to File Answer or File Motions addressed to Judge Vernon S. Broderick from Eric R. Breslin dated September 10, 2018. addressed to Judge Vernon S. Broderick from Law Offices of Thomas C. Moore, P.C. dated September 14, 2018. Document filed by John Drake.(Moore, Thomas)
September 14, 2018 Filing 59 CONSENT LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint addressed to Judge Vernon S. Broderick from Andy Oh dated September 14, 2018. Document filed by Edward Brendan Lynch.(Oh, Andy)
September 13, 2018 Filing 58 RESPONSE re: #56 Letter, of Plaintiff Opposing Blue Defendants Motion for Extension of Time. Document filed by Blue Alternative Asset Management, LLC, Blue Capital Management, Inc., Blue Elite Fund LP, Blue Elite Fund Ltd., Blue II Ltd., Mark Graham. (Breslin, Eric)
September 13, 2018 Filing 57 NOTICE OF APPEARANCE by Shrey Sharma on behalf of Sancus Capital Blue Credit Opportunities Fund Ltd.. (Sharma, Shrey)
September 12, 2018 Filing 56 LETTER addressed to Judge Vernon S. Broderick from Gerard D. Kelly dated September 12, 2018 re: Opposing Request For Additional Time. Document filed by Great Western Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Kelly, Gerard)
September 12, 2018 Filing 55 NOTICE OF APPEARANCE by Marco Molina on behalf of Cygnet 001 Master Trust, Cygnet 001 Master Trust Series 2011-A, Cygnet 001 Master Trust Series 2011-C, Cygnet 001 Master Trust Series 2013-A, Regatta Holdings LLC, Donald Solow. (Molina, Marco)
September 12, 2018 Filing 54 NOTICE OF APPEARANCE by Andy S. Oh on behalf of Edward Brendan Lynch. (Oh, Andy)
September 11, 2018 Filing 53 NOTICE OF APPEARANCE by Patrick Ryan McElduff on behalf of Blue Alternative Asset Management, LLC, Blue Capital Management, Inc., Blue Elite Fund LP, Blue Elite Fund Ltd., Blue II Ltd., Mark Graham. (McElduff, Patrick)
September 11, 2018 Filing 52 LETTER MOTION for Extension of Time to File Answer or File Motions addressed to Judge Vernon S. Broderick from Eric R. Breslin dated September 10, 2018. Document filed by Blue Alternative Asset Management, LLC, Blue Capital Management, Inc., Blue Elite Fund LP, Blue Elite Fund Ltd., Blue II Ltd., Mark Graham. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Text of Proposed Order)(Breslin, Eric)
September 10, 2018 Filing 51 PROPOSED SCHEDULING ORDER. Document filed by Blue Alternative Asset Management, LLC, Blue Capital Management, Inc., Blue Elite Fund LP, Blue Elite Fund Ltd., Blue II Ltd., Mark Graham. (Breslin, Eric)
September 10, 2018 Filing 50 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #52 Letter Motion) - LETTER MOTION for Extension of Time to File Answer or File Motions addressed to Judge Vernon S. Broderick from Eric R. Breslin dated September 10, 2018. Document filed by Blue Alternative Asset Management, LLC, Blue Capital Management, Inc., Blue Elite Fund LP, Blue Elite Fund Ltd., Blue II Ltd., Mark Graham.(Breslin, Eric) Modified on 9/13/2018 (db).
September 10, 2018 Filing 49 NOTICE OF APPEARANCE by Melissa S. Geller on behalf of Blue Alternative Asset Management, LLC, Blue Capital Management, Inc., Blue Elite Fund LP, Blue Elite Fund Ltd., Blue II Ltd., Mark Graham. (Geller, Melissa)
September 10, 2018 Filing 48 NOTICE OF APPEARANCE by Eric R. Breslin on behalf of Blue Alternative Asset Management, LLC, Blue Capital Management, Inc., Blue Elite Fund LP, Blue Elite Fund Ltd., Blue II Ltd., Mark Graham. (Breslin, Eric)
September 10, 2018 Filing 47 LETTER addressed to Judge Vernon S. Broderick from Stephen W. McInerney dated September 10, 2018 re: Efforts To Serve Certain Foreign Defendants. Document filed by Great Western Insurance Company.(McInerney, Stephen)
September 7, 2018 Opinion or Order Filing 46 STIPULATION AND ORDER. IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys for certain of the parties to this action that, subject to the approval of the Court, Defendants Wilmington Savings Fund Trust, FSB and Christiana Trust's deadline to answer, move, or otherwise respond to the Complaint in this matter is extended through and including September 28, 2018. So ordered. Christiana Trust answer due 9/28/2018; Wilmington Savings Fund Society, FSB answer due 9/28/2018. (Signed by Judge Vernon S. Broderick on 9/7/2018) (rjm)
September 7, 2018 Opinion or Order Filing 45 ORDER granting #41 Motion for Stephanie C. Chomentowski to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon)
September 7, 2018 Opinion or Order Filing 44 ORDER granting #40 Motion for Daniel E. Rhynhart to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon)
September 6, 2018 Filing 43 AFFIDAVIT OF SERVICE of Summons, Complaint with Exhibits A - D, Civil Cover Sheet, Rule 7.1 Disclosure Statement, Judge Vernon S. Broderick's Individual Rules & Practices in Civil Cases, Magistrate Judge Sarah Netburn's Individual Practices in Civil Cases, and Local Rules of the United States District Courts for the Southern and Eastern Districts of New York served on Edward Brendan Lynch on August 23, 2018. Service was accepted by Edward Brendan Lynch. Document filed by Great Western Insurance Company. (McInerney, Stephen)
September 6, 2018 Filing 42 PROPOSED STIPULATION AND ORDER. Document filed by Christiana Trust, Wilmington Savings Fund Society, FSB. (Yan, Huaou)
September 6, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #40 MOTION for Daniel E. Rhynhart to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15533190. Motion and supporting papers to be reviewed by Clerk's Office staff., #41 MOTION for Stephanie C. Chomentowski to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15533207. Motion and supporting papers to be reviewed by Clerk's Office staff.. The documents have been reviewed and there are no deficiencies. (jc)
September 5, 2018 Filing 41 MOTION for Stephanie C. Chomentowski to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15533207. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Christiana Trust, Wilmington Savings Fund Society, FSB. (Attachments: #1 Text of Proposed Order, #2 Affidavit, #3 Certificate of Service)(Yan, Huaou)
September 5, 2018 Filing 40 MOTION for Daniel E. Rhynhart to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15533190. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Christiana Trust, Wilmington Savings Fund Society, FSB. (Attachments: #1 Text of Proposed Order, #2 Affidavit, #3 Certificate of Service)(Yan, Huaou)
September 5, 2018 Filing 39 NOTICE OF CHANGE OF ADDRESS by Huaou Yan on behalf of Christiana Trust, Wilmington Savings Fund Society, FSB. New Address: Blank Rome LLP, One Logan Square, 130 North 18th Street, Philadelphia, Pennsylvania, United States 19103, (215) 569-5449. (Yan, Huaou)
September 5, 2018 Filing 38 NOTICE OF APPEARANCE by Huaou Yan on behalf of Christiana Trust, Wilmington Savings Fund Society, FSB. (Yan, Huaou)
August 24, 2018 Filing 37 AFFIDAVIT OF SERVICE of Summons, Complaint with Exhibits A - D, Civil Cover Sheet, Plaintiff's Rule 7.1 Corporate Disclosure Statement, Judge Vernon S. Broderick's Individual Rules & Practices in Civil Cases, Magistrate Judge Sarah Netburn's Individual Practices in Civil Cases, and Local Rules of the United States District Courts for the Southern and Eastern Districts of New York served on Blue Elite Fund LP on 8/14/2018. Service was accepted by Melanie DeCinque. Document filed by Great Western Insurance Company. (McInerney, Stephen)
August 24, 2018 Filing 36 AFFIDAVIT OF SERVICE of Summons, Complaint with Exhibits A - D, Civil Cover Sheet, Plaintiff's Rule 7.1 Corporate Disclosure Statement, Judge Vernon S. Broderick's Individual Rules & Practices in Civil Cases, Magistrate Judge Sarah Netburn's Individual Practices in Civil Cases, and Local Rules of the United States District Courts for the Southern and Eastern Districts of New York served on Blue Elite Fund Ltd. on 8/14/2018. Service was accepted by Melanie DeCinque. Document filed by Great Western Insurance Company. (McInerney, Stephen)
August 24, 2018 Filing 35 AFFIDAVIT OF SERVICE of Summons, Complaint with Exhibits A - D, Civil Cover Sheet, Plaintiff's Rule 7.1 Corporate Disclosure Statement, Judge Vernon S. Broderick's Individual Rules & Practices in Civil Cases, Magistrate Judge Sarah Netburn's Individual Practices in Civil Cases, and Local Rules of the United States District Courts for the Southern and Eastern Districts of New York served on Blue II Ltd. on 8/14/2018. Service was accepted by Melanie DeCinque. Document filed by Great Western Insurance Company. (McInerney, Stephen)
August 24, 2018 Filing 34 AFFIDAVIT OF SERVICE of Summons, Complaint with Exhibits A - D, Civil Cover Sheet, Plaintiff's Rule 7.1 Corporate Disclosure Statement, Judge Vernon S. Broderick's Individual Rules & Practices in Civil Cases, Magistrate Judge Sarah Netburn's Individual Practices in Civil Cases, and Local Rules of the United States District Courts for the Southern and Eastern Districts of New York served on Sancus Capital Blue Credit Opportunities Fund Ltd on 8/14/2018. Service was accepted by Roxanne B. Blasucci (CFO). Document filed by Great Western Insurance Company. (McInerney, Stephen)
August 22, 2018 Filing 33 AFFIDAVIT OF SERVICE of Summons in a Civil Action, Complaint and Demand for Trial by Jury served on Wilmington Savings Fund Society, Christiana Trust on August 16, 2018,. Service was accepted by Daniel Rhynhart Counsel. Service was made by Email and Federal Express. Document filed by Great Western Insurance Company. (McInerney, Stephen)
August 22, 2018 Filing 32 AFFIDAVIT OF SERVICE of Summons in a Civil Action, Complaint and Demand for Trial by Jury with exhibits served on Donald Solow, Regatta Holdings LLC, Cygnet, 001 Master Trust, Cygnet 001 Master Trust Series 2011-A, Cygnet 001 Master Trust on August 1st, 2018. Service was accepted by Michael Gordon Counsel. Service was made by Email and FedEx. Document filed by Great Western Insurance Company. (McInerney, Stephen)
August 22, 2018 Filing 31 AFFIDAVIT OF SERVICE of Summons in a Civil Action, Complaint and Demand for Trial by Jury with exhibits, served on Mark Graham, Blue Capital Management, Inc. on August 1st, 2018. Service was accepted by Lawrence Iason, counsel. Service was made by Email and FedEx. Document filed by Great Western Insurance Company. (McInerney, Stephen)
August 21, 2018 Set/Reset Deadlines: Motions due by 9/28/2018. (rro)
August 21, 2018 Opinion or Order Filing 30 ORDER granting #27 Letter Motion for Extension of Time to Answer re #5 Complaint. APPLICATION GRANTED. SO ORDERED. (Sancus Capital Blue Credit Opportunities Fund Ltd. answer due 9/28/2018.) (Signed by Judge Vernon S. Broderick on 8/21/2018) (rro)
August 20, 2018 Filing 29 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Regatta Holdings LLC.(Gordon, Michael)
August 20, 2018 Filing 28 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Cygnet 001 Master Trust, Cygnet 001 Master Trust Series 2011-A, Cygnet 001 Master Trust Series 2011-C, Cygnet 001 Master Trust Series 2013-A.(Gordon, Michael)
August 20, 2018 Filing 27 LETTER MOTION for Extension of Time to File Answer re: #5 Complaint,,, addressed to Judge Vernon S. Broderick from Jack Yoskowitz dated August 20, 2018. Document filed by Sancus Capital Blue Credit Opportunities Fund Ltd..(Yoskowitz, Jack)
August 20, 2018 Filing 26 NOTICE OF APPEARANCE by Laura Elizabeth Miller on behalf of Sancus Capital Blue Credit Opportunities Fund Ltd.. (Miller, Laura)
August 20, 2018 Filing 25 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sancus Capital Blue Credit Opportunities Fund Ltd..(Yoskowitz, Jack)
August 20, 2018 Filing 24 NOTICE OF APPEARANCE by Jack Yoskowitz on behalf of Sancus Capital Blue Credit Opportunities Fund Ltd.. (Yoskowitz, Jack)
August 17, 2018 Opinion or Order Filing 23 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys for certain of the parties to this action that: 1. The time within which defendants (i) Mark Graham, Blue Capital Management, Inc., and Blue Alternative Asset Management LLC, (collectively the "Blue Defendants"); and (ii) Donald Solow, Regatta Holdings LLC, Cygnet 001 Master Trust, Cygnet 001 Master Trust Series 2011-A, Cygnet 001 Master Trust Series 2011-C, and Cygnet 001 Master Trust Series 2013-A (collectively, the "Cygnet Defendants") may answer, move or otherwise respond to the Complaint of plaintiff, Great Western Insurance Company ("Plaintiff"), dated July 10, 2018 (the "Complaint"), is extended to and including September 28, 2018, which is the same deadline So Ordered by the Court for defendant, John Drake per his counsel's letter application (Doc. No. 16); and 2. None of the Blue or Cygnet Defendants will challenge the Complaint on the ground of insufficient service of process; and 3. To the extent that the Blue and/or the Cygnet Defendants intend to file a motion to dismiss the Complaint, counsel for the Blue and/or the Cygnet Defendants who intend to so move will work with Plaintiff's counsel to present a briefing schedule to the Court; and 4. To the extent additional defendants appear in this action after the date that this Stipulation is So Ordered, the time for the Blue and/or the Cygnet Defendants to answer, move or otherwise respond to the Complaint and/or any briefing schedule with respect to the same may be modified by a Scheduling Order of the Court so as to ensure litigation efficiency and streamlined motion practice; and 5. A facsimile signature shall be construed as an original signature for all purposes. (Blue Alternative Asset Management, LLC answer due 9/28/2018; Blue Capital Management, Inc. answer due 9/28/2018; Cygnet 001 Master Trust answer due 9/28/2018; Cygnet 001 Master Trust Series 2011-A answer due 9/28/2018; Cygnet 001 Master Trust Series 2011-C answer due 9/28/2018; Cygnet 001 Master Trust Series 2013-A answer due 9/28/2018; Mark Graham answer due 9/28/2018; Regatta Holdings LLC answer due 9/28/2018; Donald Solow answer due 9/28/2018) (Signed by Judge Vernon S. Broderick on 8/17/2018) (ne)
August 17, 2018 Opinion or Order Filing 22 ORDER granting #17 Letter Motion for Extension of Time to Answer. APPLICATION GRANTED. SO ORDERED. (Ability Insurance Company answer due 9/28/2018.) (Signed by Judge Vernon S. Broderick on 8/17/2018) (anc)
August 16, 2018 Filing 21 NOTICE OF APPEARANCE by Harold S. Shaftel on behalf of Ability Insurance Company. (Shaftel, Harold)
August 16, 2018 Filing 20 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Advantage Capital Partners, Corporate Parent Advantage Capital Holdings for Ability Insurance Company. Document filed by Ability Insurance Company.(Shaftel, Harold)
August 16, 2018 Filing 19 PROPOSED STIPULATION AND ORDER. Document filed by Cygnet 001 Master Trust, Cygnet 001 Master Trust Series 2011-A, Cygnet 001 Master Trust Series 2011-C, Cygnet 001 Master Trust Series 2013-A, Regatta Holdings LLC, Donald Solow. (Gordon, Michael)
August 16, 2018 Filing 18 NOTICE OF APPEARANCE by Michael Steven Gordon on behalf of Cygnet 001 Master Trust, Cygnet 001 Master Trust Series 2011-A, Cygnet 001 Master Trust Series 2011-C, Cygnet 001 Master Trust Series 2013-A, Regatta Holdings LLC, Donald Solow. (Gordon, Michael)
August 16, 2018 Filing 17 CONSENT LETTER MOTION for Extension of Time to File Answer re: #5 Complaint,,, until 9/28/2018 addressed to Judge Vernon S. Broderick from Hal S. Shaftel dated August 16, 2018. Document filed by Ability Insurance Company.(Shaftel, Harold)
August 14, 2018 Opinion or Order Filing 16 ORDER granting #15 Letter Motion for Extension of Time to Answer. APPLICATION GRANTED. John Drake answer due 9/28/2018. (Signed by Judge Vernon S. Broderick on 8/14/2018) (mro)
August 10, 2018 Filing 15 LETTER MOTION for Extension of Time to File Answer or Move Against the Complaint addressed to Judge Vernon S. Broderick from Tom Moore dated 8/10/2018. Document filed by John Drake.(Moore, Thomas)
August 9, 2018 Filing 14 AFFIDAVIT OF SERVICE of Summons, Complaint with Exhibits A - D, Civil Cover Sheet, Plaintiff's Rule 7.1 Corporate Disclosure Statement, Judge Vernon S. Broderick's Individual Rules & Practices in Civil Cases, Magistrate Judge Sarah Netburn's Individual Practices in Civil Cases, and Local Rules of the United States District Courts for the Southern and Eastern Districts of New York served on Ability Insurance Company C/O Triplus Services on July 26, 2018. Service was accepted by Rocky Walker (IT Manager). Document filed by Great Western Insurance Company. (McInerney, Stephen)
July 20, 2018 Filing 13 NOTICE OF APPEARANCE by Nicholas Kord Lagemann on behalf of Great Western Insurance Company. (Lagemann, Nicholas)
July 20, 2018 Opinion or Order Filing 12 ORDER granting #9 Motion for Stephen W. McInerney to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon)
July 20, 2018 Opinion or Order Filing 11 ORDER granting #8 Motion for Gerard D. Kelly to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon)
July 19, 2018 Opinion or Order Filing 10 MEMO ENDORSEMENT on re: #7 Letter, filed by Great Western Insurance Company. ENDORSEMENT: I am in receipt of the letter from Plaintiff's counsel dated July 13. Plaintiff's initial filing of the complaint, (Doc. 1), was marked as deficient and does not serve as the operative complaint. Plaintiff re-filed a corrected version of its complaint, (Doc. 5), which shall serve as the operative version of the complaint. The Clerk of Court is respectfully directed to strike the filing at Docket Entry 1 and consider the re-filed document at Docket Entry 5 as the operative complaint in this matter. SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/19/2018) (rro)
July 19, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Stephen W. McInerney to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15339345. Motion and supporting papers to be reviewed by Clerk's Office staff., #8 MOTION for Gerard D. Kelly to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15339187. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
July 18, 2018 Filing 9 MOTION for Stephen W. McInerney to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15339345. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Great Western Insurance Company. (Attachments: #1 Declaration of Stephen W. McInerney, #2 Certificate of Good Standing, #3 Text of Proposed Order for Admission Pro Hac Vice)(McInerney, Stephen)
July 18, 2018 Filing 8 MOTION for Gerard D. Kelly to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15339187. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Great Western Insurance Company. (Attachments: #1 Declaration of Gerard D. Kelly, #2 Certificate of Good Standing, #3 Text of Proposed Order for Admission Pro Hac Vice)(Kelly, Gerard)
July 13, 2018 Filing 7 LETTER addressed to Judge Vernon S. Broderick from Michael P. Morrissey dated July 13, 2018 re: Notifying the Court of the filing of the correct version of the operative Complaint as Docket Entry No. 5. Document filed by Great Western Insurance Company.(Morrissey, Michael)
July 11, 2018 Filing 6 ELECTRONIC SUMMONS ISSUED as to Ability Insurance Company, Alpha RE Limited, Alpha Re Holdings (Cayman) Limited, Atlantic Specialty Finance, Blue Alternative Asset Management, LLC, Blue Capital Management, Inc., Blue Elite Fund LP, Blue Elite Fund Ltd., Blue II Ltd., Christiana Trust, Cygnet 001 Master Trust, Cygnet 001 Master Trust Series 2011-A, Cygnet 001 Master Trust Series 2011-C, Cygnet 001 Master Trust Series 2013-A, John Drake, Mark Graham, Edward Brendan Lynch, Regatta Holdings LLC, Sancus Capital Blue Credit Opportunities Fund Ltd., Donald Solow, Gregory Tolaram, Wilmington Savings Fund Society, FSB. (sj)
July 11, 2018 Case Designated ECF. (sj)
July 11, 2018 Magistrate Judge Sarah Netburn 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. (sj)
July 11, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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. (sj)
July 11, 2018 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Patrick Morrissey. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question); Nature of Suit code 110 (Insurance); Citizenship Plaintiff code (none); Citizenship Defendant code (none); County code New York. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 4 (Diversity); the Nature of Suit code has been modified to 370 (Other Fraud); the Citizenship Plaintiff code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the Citizenship Defendant code has been modified to 1 (Citizen of This State); the County code has been modified to XX Out of State. (sj)
July 10, 2018 ***STRICKEN DOCUMENT. Deleted document number 1 from the case record. The document was stricken from this case pursuant to #10 Memo Endorsement. (rro)
July 10, 2018 Filing 5 COMPLAINT against Ability Insurance Company, Alpha RE Limited, Alpha Re Holdings (Cayman) Limited, Atlantic Specialty Finance, Blue Alternative Asset Management, LLC, Blue Capital Management, Inc., Blue Elite Fund LP, Blue Elite Fund Ltd., Blue II Ltd., Christiana Trust, Cygnet 001 Master Trust, Cygnet 001 Master Trust Series 2011-A, Cygnet 001 Master Trust Series 2011-C, Cygnet 001 Master Trust Series 2013-A, John Drake, Mark Graham, Edward Brendan Lynch, Regatta Holdings LLC, Sancus Capital Blue Credit Opportunities Fund Ltd., Donald Solow, Gregory Tolaram, Wilmington Savings Fund Society, FSB. Document filed by Great Western Insurance Company. (Attachments: #1 Exhibit A- Coinsurance Agreement, #2 Exhibit B- Novation Agreement, #3 Exhibit C- Amended and Restated Trust Agreement, #4 Exhibit D- Master Repo Agreement)(Morrissey, Michael)
July 10, 2018 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Mark Graham, Donald Solow, Blue Capital Management, Inc., Blue Alternative Asset Management LLC, Wilmington Savings Fund Society, FSB, Christiana Trust, Regatta Holdings LLC, Cygnet 001 Master Trust, Cygnet 001 Master Trust Series 2011-A, Cygnet 001 Master Trust Series 2011-C, Cygnet 001 Master Trust Series 2013-A, Alpha Re Limited, Alpha Re Holdings (Cayman) Limited, Atlantic Specialty Finance, Blue Elite Fund Ltd., Blue Elite Fund LP, Blue II Ltd., Sancus Capital Blue Credit Opportunities Fund Ltd., Ability Insurance Company, John Drake, Edward Brendan Lynch, Gregory Tolaram., re: 1 Complaint,,,. Document filed by Great Western Insurance Company. (Attachments: #1 Rider)(Morrissey, Michael)
July 10, 2018 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent American Republic Insurance Company, Corporate Parent American Enterprise Mutual Holding Company for Great Western Insurance Company. Document filed by Great Western Insurance Company.(Morrissey, Michael)
July 10, 2018 Filing 2 CIVIL COVER SHEET filed. (Attachments: #1 Rider)(Morrissey, Michael)
July 10, 2018 Filing 1 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against Ability Insurance Company, Alpha RE Limited, Alpha Re Holdings (Cayman) Limited, Atlantic Specialty Finance, Blue Alternative Asset Management, LLC, Blue Capital Management, Inc., Blue Elite Fund LP, Blue Elite Fund Ltd., Blue II Ltd., Christiana Trust, Cygnet 001 Master Trust, Cygnet 001 Master Trust Series 2011-A, Cygnet 001 Master Trust Series 2011-C, Cygnet 001 Master Trust Series 2013-A, John Drake, Mark Graham, Edward Brendan Lynch, Regatta Holdings LLC, Sancus Capital Blue Credit Opportunities Fund Ltd., Donald Solow, Gregory Tolaram, Wilmington Savings Fund Society, FSB. (Filing Fee $ 400.00, Receipt Number 0208-15305955)Document filed by Great Western Insurance Company. (Attachments: # 1 Exhibit A- Coinsurance Agreement, # 2 Exhibit B- Novation Agreement, # 3 Exhibit C- Amended and Restated Trust Agreement, # 4 Exhibit D- Master Repo Agreement)(Morrissey, Michael) Modified on 7/11/2018 (sj).

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Search for this case: Great Western Insurance Company v. Graham et al
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Defendant: Edward Brendan Lynch
Represented By: Andy S. Oh
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Defendant: Blue Elite Fund LP
Represented By: Patrick Ryan McElduff
Represented By: Eric R. Breslin
Represented By: Melissa S. Geller
Represented By: Leah Ariel Mintz
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Defendant: Alpha Re Holdings (Cayman) Limited
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Defendant: Cygnet 001 Master Trust
Represented By: Michael Steven Gordon
Represented By: Marco Molina
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Defendant: Donald Solow
Represented By: Michael Steven Gordon
Represented By: Marco Molina
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Defendant: Alpha RE Limited
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Defendant: Cygnet 001 Master Trust Series 2013-A
Represented By: Michael Steven Gordon
Represented By: Marco Molina
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Defendant: Mark Graham
Represented By: Patrick Ryan McElduff
Represented By: Eric R. Breslin
Represented By: Melissa S. Geller
Represented By: Leah Ariel Mintz
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Defendant: Ability Insurance Company
Represented By: Harold S. Shaftel
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Defendant: Sancus Capital Blue Credit Opportunities Fund Ltd.
Represented By: Jack Yoskowitz
Represented By: Laura Elizabeth Miller
Represented By: Shrey Sharma
Represented By: Andrew Jacobson
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Defendant: Gregory Tolaram
Represented By: Shaun I Blick
Represented By: Joseph P. McNulty
Represented By: Andy S. Oh
Represented By: Thomas Clay Moore
Represented By: Aliza Ross Zasky
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Defendant: Regatta Holdings LLC
Represented By: Michael Steven Gordon
Represented By: Marco Molina
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Defendant: Cygnet 001 Master Trust Series 2011-C
Represented By: Michael Steven Gordon
Represented By: Marco Molina
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Defendant: Christiana Trust
Represented By: Huaou Yan
Represented By: Daniel E Rhynhart
Represented By: Stephanie C Chomentowski
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Defendant: Blue Alternative Asset Management, LLC
Represented By: Patrick Ryan McElduff
Represented By: Eric R. Breslin
Represented By: Melissa S. Geller
Represented By: Leah Ariel Mintz
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Defendant: Atlantic Specialty Finance
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Defendant: Blue Capital Management, Inc.
Represented By: Patrick Ryan McElduff
Represented By: Eric R. Breslin
Represented By: Melissa S. Geller
Represented By: Leah Ariel Mintz
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Defendant: Blue Elite Fund Ltd.
Represented By: Patrick Ryan McElduff
Represented By: Eric R. Breslin
Represented By: Melissa S. Geller
Represented By: Leah Ariel Mintz
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Defendant: John Drake
Represented By: Thomas Clay Moore
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Defendant: Wilmington Savings Fund Society, FSB
Represented By: Huaou Yan
Represented By: Daniel E Rhynhart
Represented By: Stephanie C Chomentowski
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Defendant: Cygnet 001 Master Trust Series 2011-A
Represented By: Michael Steven Gordon
Represented By: Marco Molina
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Defendant: Blue II Ltd.
Represented By: Patrick Ryan McElduff
Represented By: Eric R. Breslin
Represented By: Melissa S. Geller
Represented By: Leah Ariel Mintz
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Defendant: Advantage Capital Holding, LLC
Represented By: Harold S. Shaftel
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Defendant: Kenneth King
Represented By: Harold S. Shaftel
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Defendant: Dan Cathcart
Represented By: Harold S. Shaftel
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Plaintiff: Great Western Insurance Company
Represented By: Michael Patrick Morrissey
Represented By: Nicholas Kord Lagemann
Represented By: Stephen McInerney
Represented By: Gerard D. Kelly
Represented By: John Prinzivalli
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