Great Western Insurance Company v. Graham et al
| Great Western Insurance Company |
| 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 |
| 1:2018cv06249 |
| July 10, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Vernon S Broderick |
| Sarah Netburn |
| Laura Taylor Swain |
| Other Fraud |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Both |
Docket Report
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This docket was last retrieved on January 4, 2024. A more recent docket listing may be available from PACER.
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Filing 335
STATUS REPORT. Regarding Ability's Document Production Document filed by Great Western Insurance Company..(Colon-Bosolet, Melissa)
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Filing 334
ORDER granting #332 Motion to Withdraw #332 Mario J. Cacciola. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 333
DECLARATION of Mario J. Cacciola in Support re: #332 MOTION to Withdraw .. 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..(Cacciola, Mario)
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Filing 332
MOTION to Withdraw . Document filed by Blue Elite Fund LP, Blue Elite Fund Ltd., Blue II Ltd., Mark Graham..(Cacciola, Mario)
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Filing 331
MEMO ENDORSEMENT on re: #330 Letter filed by Great Western Insurance Company. ENDORSEMENT: The request to adjourn the conference scheduled for today, September 13, 2023, is GRANTED. The parties shall jointly submit a letter updating the Court on the status of discovery by October 12, 2023. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 9/13/2023) (dsh)
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Filing 330
LETTER addressed to Magistrate Judge Sarah Netburn from Melissa Colon-Bosolet dated September 12, 2023 re: Discovery Conference. Document filed by Great Western Insurance Company..(Colon-Bosolet, Melissa)
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Filing 329
NOTICE OF APPEARANCE by Martin Brandon Jackson on behalf of Great Western Insurance Company..(Jackson, Martin)
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Filing 328
ORDER granting #327 Motion for Courtney Nichol to Appear Pro Hac Vice. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 327
MOTION for Courtney Nichol to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28258151. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ability Insurance Company. (Attachments: #1 Proposed Order granting admissions pro hac vice, #2 Affidavit in support of motion for admissions pro hac vice, #3 Exhibit A - Certificate of good standing).(Nichol, Courtney)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #327 MOTION for Courtney Nichol to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28258151. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Filing 326
ORDER: Great Western and the Ability Defendants report that they are unable to reach agreement on the scope of search terms to identify relevant electronically stored information. ECF Nos. 316, 317. Great Western describes the dispute as one where the Ability Defendants have "unilateral[ly]" stopped searching for and producing documents; and the Ability Defendants contend that Great Western's proposed search terms hit on too many nonresponsive documents to justify the burden and expense of further review. These parties are ORDERED to discuss whether narrowed search terms or the search of limited custodians may resolve this dispute. As part of this negotiation, the Ability Defendants are ORDERED to provide responsive hit reports for proposed terms/custodians. The Court will hold a conference on September 13, 2023, at 10:00 a.m. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. Should the parties resolve this dispute in advance of this date, they shall notify the Court and the conference will be adjourned. Parties not involved in this dispute need not appear. (Discovery Hearing set for 9/13/2023 at 10:00 AM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 9/1/2023) (ras) Modified on 9/1/2023 (ras). (Main Document 326 replaced on 9/1/2023) (ras).
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Filing 325
ORDER granting #321 Motion for Maximilian Jelen to Appear Pro Hac Vice. Maximilian C. Jelen may appear on behalf of Defendant Ability Insurance Company. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (ras)
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Filing 324
ORDER granting #320 Motion for Scott Schmookler to Appear Pro Hac Vice. Scott L. Schmookler may appear on behalf of Defendant Ability Insurance Company. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (ras)
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Filing 323
ORDER granting #319 Motion for Meagan VanderWeele to Appear Pro Hac Vice. Meagan VanderWeele may appear on behalf of Defendant Ability Insurance Company. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (ras)
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Filing 322
ORDER granting #318 Motion for Jenna Miller to Appear Pro Hac Vice. Jenna Miller may appear on behalf of Defendant Ability Insurance Company. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
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Filing 321
MOTION for Maximilian Jelen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28218229. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ability Insurance Company. (Attachments: #1 Proposed Order granting admissions pro hac vice, #2 Affidavit in support of motion for admissions pro hac vice, #3 Exhibit A - Certificate of good standing).(Jelen, Maximilian)
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Filing 320
MOTION for Scott Schmookler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28217596. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ability Insurance Company. (Attachments: #1 Proposed Order granting admissions pro hac vice, #2 Affidavit in support of motion to appear pro hac vice, #3 Exhibit A - Certificate of good standing).(Schmookler, Scott)
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Filing 319
MOTION for Meagan VanderWeele to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28217233. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ability Insurance Company. (Attachments: #1 Proposed Order granting admissions pro hac vice, #2 Affidavit in support of motion for admissions pro hac vice, #3 Exhibit A- Certificate of good standing).(VanderWeele, Meagan)
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Filing 318
MOTION for Jenna Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28217092. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ability Insurance Company. (Attachments: #1 Proposed Order order granting admissions pro hac vice., #2 Affidavit Affidavit in support of motion to appear pro hac vice, #3 Exhibit Exhibit A - Certificate of good standing).(Miller, Jenna)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #319 MOTION for Meagan VanderWeele to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28217233. Motion and supporting papers to be reviewed by Clerk's Office staff., #320 MOTION for Scott Schmookler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28217596. Motion and supporting papers to be reviewed by Clerk's Office staff., #318 MOTION for Jenna Miller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28217092. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #321 MOTION for Maximilian Jelen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28218229. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Filing 317
LETTER addressed to Magistrate Judge Sarah Netburn from Brian Middlebrook dated 8/25/2023 re: Letter in Opposition to Great Western's Letter for Discovery Conference. Document filed by Ability Insurance Company, Advantage Capital Holding, LLC, Dan Cathcart, Kenneth King. (Attachments: #1 Exhibit Email Chain May 12 2023, #2 Exhibit Responses and Rejections to Plaintiff's First Request for Production).(Middlebrook, Brian)
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Filing 316
LETTER addressed to Magistrate Judge Sarah Netburn from Plaintiff Great Western Insurance Company dated August 22, 2023 re: Request for Conference Concerning Discovery Dispute With Defendants Ability Insurance Company, Advantage Capital Holding LLC, Dan Cathcart, and Kenneth King. Document filed by Great Western Insurance Company. (Attachments: #1 Exhibit A- Email correspondence regarding discovery dispute, #2 Exhibit B- Email correspondence regarding meet and confer, #3 Exhibit C- Email correspondence regarding deficient discovery response).(Colon-Bosolet, Melissa)
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Filing 315
STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL: Upon entry of this Order, Harold S. Shaftel shall be removed from the Court's service list, and all pleadings, notices, and other filings in the case shall be served upon the aforementioned incoming counsel. Substitution of counsel will not delay this case, nor will it cause prejudice to any other party. SO ORDERED. (Attorney Brian Edward Middlebrook for Ability Insurance Company, Brian Edward Middlebrook for Advantage Capital Holding, LLC, Brian Edward Middlebrook for Dan Cathcart, Brian Edward Middlebrook for Kenneth King added. Attorney Harold S. Shaftel terminated.) (Signed by Magistrate Judge Sarah Netburn on 3/10/2023) (ras)
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Filing 314
PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by Ability Insurance Company, Advantage Capital Holding, LLC, Dan Cathcart, Kenneth King..(Shaftel, Harold)
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Filing 313
ORDER granting #312 Motion to Withdraw as Attorney. Attorney Gerard D. Kelly terminated. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 312
MOTION for Gerard D. Kelly to Withdraw as Attorney for Plaintiff. Document filed by Great Western Insurance Company..(Kelly, Gerard)
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Filing 311
ORDER granting #310 Motion to Withdraw as Attorney. Attorney Ari M. Sillman terminated. (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
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Filing 310
MOTION for Ari M. Sillman to Withdraw as Attorney . Document filed by Great Western Insurance Company. (Attachments: #1 Affidavit / Declaration of Ari M. Sillman).(Sillman, Ari)
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Filing 309
NOTICE OF APPEARANCE by Melissa Colon-Bosolet on behalf of Great Western Insurance Company..(Colon-Bosolet, Melissa)
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Filing 308
MEMO ENDORSEMENT on re: #307 Letter filed by Great Western Insurance Company. ENDORSEMENT: In the event that Judge Swain denies the jurisdictional defendants' motion to dismiss, the parties shall file a proposed schedule for the remainder of discovery within seven days. The Court will schedule a conference at that time. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 6/29/2022) (vfr)
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Filing 307
JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Mara Klebaner dated June 24, 2022 re: Status of Outstanding Discovery. Document filed by Great Western Insurance Company..(Klebaner, Mara)
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Filing 306
ORDER denying #305 Letter Motion for Conference addressed to Judge Laura Taylor Swain from Mara E. Klebaner dated June 15, 2022. The foregoing request is denied. This case remains referred to Magistrate Judge Netburn for General Pretrial Management. This resolves docket entry no. 305. SO ORDERED. (Signed by Judge Laura Taylor Swain on 6/17/2022) (vfr)
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Filing 305
LETTER MOTION for Conference addressed to Judge Laura Taylor Swain from Mara E. Klebaner dated June 15, 2022. Document filed by Great Western Insurance Company..(Klebaner, Mara)
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Filing 304
ORDER granting #302 Letter Motion. The Blue Non-Jurisdictional Defendants' objection to the interrogatories on the ground that the litigation is still at the "commencement of discovery," Local Civ. Rule 33.3(a), is OVERRULED. Defendants' objection to the interrogatories on the ground that they exceed the scope of permissible interrogatories is OVERRULED in part. Defendants shall respond to Interrogatories 1-5 and 9-12 either by responding to the interrogatory or identifying particular documents with directly responsive information. Defendants do not need to respond to Interrogatories 6-8 because a deposition is more practical method for obtaining responsive information. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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Filing 303
LETTER addressed to Magistrate Judge Sarah Netburn from Eric R. Breslin dated May 23, 2022 re: Response to Plaintiff Great Western Insurance Company's May 19, 2022 request for a discovery conference. Document filed by Blue Alternative Asset Management, LLC, Blue Capital Management, Inc., Blue Elite Fund LP, Mark Graham..(Breslin, Eric)
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Filing 302
LETTER MOTION for Conference re: pending discovery dispute addressed to Magistrate Judge Sarah Netburn from Mara E. Klebaner dated May 19, 2022. Document filed by Great Western Insurance Company. (Attachments: #1 Exhibit A - Meet and Confer, #2 Exhibit B - Great Western's Interrogatories, #3 Exhibit C - Blue Defendants' Interrogatories, #4 Exhibit D - 5/3/22 Great Western Letter to Blue Defendants, #5 Exhibit E - 6/28/18 Graham Deposition, #6 Exhibit F - 6/27/18 Graham Deposition).(Klebaner, Mara)
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Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Status Conference held on 4/25/2022. (ras)
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Filing 301
ORDER: A conference on the status of discovery was held on April 25, 2022. ECF No. 299. Non-jurisdictional document discovery shall close on July 25, 2022. The parties shall file a letter on the status of discovery no later than June 24, 2022. The Court may revisit this schedule once a decision is issued on the defendants' pending motions to dismiss. See ECF Nos. 239 & 242. (Signed by Magistrate Judge Sarah Netburn on 4/25/2022) (ras)
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Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Settlement Conference held on 4/20/2022. (ras)
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Filing 300
NOTICE OF APPEARANCE by Cameron Sloan Friedman 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..(Friedman, Cameron)
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Filing 299
ORDER: A conference is scheduled for Monday, April 25, 2022, at 3:00 p.m. to report on the status of discovery and discuss the discovery issues raised in the parties' March 28, 2022, letter to the Court. At that time the parties should dial into the Court's dedicated teleconferencing line at (877) 402-9757 and enter Access Code 7938632, followed by the pound (#) key. If this date is unavailable for any party, they must contact Courtroom Deputy Rachel Slusher immediately at (212) 805-0286. (Status Conference set for 4/25/2022 at 03:00 PM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 3/29/2022) (ras)
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Filing 298
JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Gerard D. Kelly dated March 28, 2022 re: Status. Document filed by Great Western Insurance Company..(Kelly, Gerard)
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Filing 297
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Mount Logan Capital Inc. for Ability Insurance Company. Document filed by Ability Insurance Company..(Shaftel, Harold)
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Filing 296
FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ability Insurance Company..(Shaftel, Harold) Modified on 3/24/2022 (lb).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Harold S. Shaftel to RE-FILE Document No. #296 Rule 7.1 Corporate Disclosure Statement. The filing is deficient for the following reason(s): the corporate parent/other affiliate was not added;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes radio button - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. (lb)
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Filing 295
SETTLEMENT CONFERENCE ORDER: A settlement conference is scheduled for April 20, 2022, at 10 a.m. In the weeks before the conference, the Court will inform the parties whether it will be held telephonically or in- person. The parties are directed to review and comply with the Procedures for Cases Referred for Settlement to Magistrate Judge Sarah Netburn, a copy of which is available on the Courts website at https://nysd.uscourts.gov/hon-sarah-netburn. The parties are strongly encouraged to engage in good-faith settlement negotiations before the settlement conference and preferably before the submission to the Court of the Ex Parte Settlement Letters and Acknowledgment Forms, which are to be submitted by Wednesday, April 13, 2022. Should the parties resolve the litigation before the conference date, they must notify the Court in writing immediately. So Ordered. (Settlement Conference set for 4/20/2022 at 10:00 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 2/24/2022) (js) Modified on 2/25/2022 (js).
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Filing 294
ORDER: By February 18, 2022, the parties are directed to email Courtroom Deputy Rachel Slusher at Rachel_Slusher@nysd.uscourts.gov with three mutually convenient dates to schedule a settlement conference. Due to the Court's busy calendar, settlement conferences must generally be scheduled at least four to six weeks in advance. The Court will likely be unable to accommodate last-minute requests for settlement conferences, and the parties should not anticipate that litigation deadlines will be adjourned in response to late requests for settlement conferences. (Signed by Magistrate Judge Sarah Netburn on 2/11/2022) (ras)
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Filing 293
STIPULATION OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(2): IT IS HEREBY STIPULATED AND AGREED by and between the parties and/or their respective counsel(s) that Plaintiff Great Western Insurance Company ("Great Western") agrees to dismiss the above-captioned action against Defendant Gregory Tolaram (" Tolaram ") with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). Great Western and Tolaram reached a settlement agreement on January 7, 2022. On January 31, 2022, pursuant to the terms of the settlement agreement and the applicable Chamber rules at the time, counsel for Great Western emailed Judge Broderick's chambers directly, informing the Court that Great Western and Tolaram had settled their dispute and asking the Court to dismiss Tolaram from this action with prejudice. Accordingly, the parties request that the Court dismiss Tolaram from this action with prejudice, pursuant to F.R.C.P. 4l(a)(2). This stipulation does not impact Great Western's claims against any other defendants in this action, nor does it affect Great Western's claims against any non-parties to this litigation. DE# 291 resolved. SO ORDERED. Gregory Tolaram terminated. (Signed by Judge Laura Taylor Swain on 2/11/2022) (js)
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***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #291 Stipulation of Voluntary Dismissal, was reviewed and referred to Judge Laura Taylor Swain 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. (nd)
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Filing 292
LETTER addressed to Magistrate Judge Sarah Netburn from Gerard D. Kelly dated February 10, 2022 re: Settlement Conference. Document filed by Great Western Insurance Company..(Kelly, Gerard)
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Filing 291
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Gregory Tolaram. Document filed by Great Western Insurance Company. Proposed Order to be reviewed by Clerk's Office staff...(Kelly, Gerard)
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NOTICE OF CASE REASSIGNMENT to Judge Laura Taylor Swain. Judge Vernon S. Broderick is no longer assigned to the case. (aea)
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Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Status Conference held on 1/27/2022. (ras)
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Filing 290
MEMO ENDORSEMENT on re: #289 Letter filed by Great Western Insurance Company. ENDORSEMENT: The deadlines for the commencement of document production for the non-jurisdictional defendants are SO ORDERED. The parties shall continue to work in good faith to produce responsive documents. The parties shall file a letter on March 28, 2022, describing the status of discovery and identifying any discovery disputes. The parties are further ORDERED to meet and confer to discuss whether a settlement conference would be productive. (Signed by Magistrate Judge Sarah Netburn on 1/27/2022) (ras)
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Filing 289
JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Gerard D. Kelly dated January 25, 2022 re: Status. Document filed by Great Western Insurance Company..(Kelly, Gerard)
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Filing 288
ORDER granting #283 LETTER MOTION for Leave to File Kelly Declaration and Exhibit I. APPLICATION GRANTED SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/19/2022) (jca)
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Filing 287
ORDER GRANTING MICHAELENE K. WRIGHT'S MOTION TO WITHDRAW AS COUNSEL OF RECORD granting #285 Motion to Withdraw as Attorney. SO ORDERED. Attorney Michaelene Kennedy Wright terminated. (Signed by Judge Vernon S. Broderick on 1/19/2022) (kv)
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Filing 286
ORDER FOR ADMISSION PRO HAC VICE granting #284 MOTION for Mara Klebaner to Appear Pro Hac Vice. The motion of Mara Klebaner for admission to practice Pro Hac Vice in the above-captioned action is granted. (Signed by Judge Vernon S. Broderick on 1/19/2022) (jca)
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Filing 285
MOTION for Michaelene K. Wright to Withdraw as Attorney . Document filed by Sancus Capital Blue Credit Opportunities Fund Ltd.. (Attachments: #1 Text of Proposed Order to Withdraw as Counsel).(Wright, Michaelene)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #284 MOTION for Mara Klebaner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25591296. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 284
MOTION for Mara Klebaner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25591296. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Great Western Insurance Company..(Klebaner, Mara)
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Filing 283
LETTER MOTION for Leave to File Kelly Declaration and Exhibit I addressed to Judge Vernon S. Broderick from Gerard D. Kelly dated January 13, 2022. Document filed by Great Western Insurance Company. (Attachments: #1 (Proposed) Declaration of Gerard Kelly, #2 (Proposed) Exhibit I).(Kelly, Gerard)
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Filing 282
ORDER re: #281 Letter filed by Great Western Insurance Company. In light of the parties' status letter, today's conference is ADJOURNED. The parties shall appear for a status conference on Thursday, January 27, 2022, at 3:00 p.m. At that time the parties should dial into the Court's dedicated teleconferencing line at (877) 402-9757 and enter Access Code 7938632, followed by the pound (#) key. By January 25, 2022, the parties shall file a joint status letter. (Status Conference set for 1/27/2022 at 03:00 PM before Magistrate Judge Sarah Netburn.) (HEREBY ORDERED by Magistrate Judge Sarah Netburn) (Text Only Order) (ras)
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Filing 281
JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Gerard D. Kelly dated December 14, 2021 re: Status. Document filed by Great Western Insurance Company..(Kelly, Gerard)
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Filing 280
NOTICE OF APPEARANCE by Mario Cacciola 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..(Cacciola, Mario)
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Filing 279
LETTER addressed to Judge Vernon S. Broderick from Melissa S. Geller dated December 8, 2021 re: Withdrawal of Claim of Privilege Over "Exhibit D". 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..(Geller, Melissa)
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Filing 278
LETTER addressed to Judge Vernon S. Broderick from Gerard D. Kelly dated December 3, 2021 re: Exhibit D. Document filed by Great Western Insurance Company..(Kelly, Gerard)
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Filing 277
LETTER addressed to Judge Vernon S. Broderick from Melissa S. Geller dated December 3, 2021 re: Position letter as to claim of privilege over Exhibit D. 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..(Geller, Melissa)
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Filing 276
ORDER FOR ADMISSION PRO HAC VICE granting #275 Motion for Ari M. Sillman to Appear Pro Hac Vice. (Signed by Judge Vernon S. Broderick on 12/3/2021) (vfr)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #275 MOTION for Ari M. Sillman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25412215. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 275
MOTION for Ari M. Sillman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25412215. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Great Western Insurance Company..(Sillman, Ari)
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Filing 274
ORDER granting #271 Letter Motion to Seal. APPLICATION GRANTED SO ORDERED. By December 3, 2021, the parties shall file their respective letters of no more than two pages stating their positions regarding the document they refer to as Exhibit D to the Kelly Declaration II. (Signed by Judge Vernon S. Broderick on 12/1/2021) (jca)
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Filing 273
***SELECTED PARTIES***DECLARATION of Gerard D. Kelly in Opposition re: #242 MOTION to Dismiss .. Document filed by Great Western Insurance Company, Ability Insurance Company, Advantage Capital Holding, LLC, 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., Dan Cathcart, 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, Mark Graham, Kenneth King, Regatta Holdings LLC, Sancus Capital Blue Credit Opportunities Fund Ltd., Donald Solow, Gregory Tolaram, Wilmington Savings Fund Society, FSB. (Attachments: #1 Exhibit D)Motion or Order to File Under Seal: #271 .(Kelly, Gerard)
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Filing 272
***SELECTED PARTIES***DECLARATION of Gerard D. Kelly (Amended) in Opposition re: #239 MOTION to Dismiss Plaintiff Great Western Insurance Company's Second Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(2) and 12(b)(6).. Document filed by Great Western Insurance Company, Ability Insurance Company, Advantage Capital Holding, LLC, 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., Dan Cathcart, 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, Mark Graham, Kenneth King, Regatta Holdings LLC, Sancus Capital Blue Credit Opportunities Fund Ltd., Donald Solow, Gregory Tolaram, Wilmington Savings Fund Society, FSB. (Attachments: #1 Exhibit 16, #2 Exhibit 20, #3 Exhibit 21, #4 Exhibit 23)Motion or Order to File Under Seal: #271 .(Kelly, Gerard)
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Filing 271
JOINT LETTER MOTION to Seal addressed to Judge Vernon S. Broderick from Gerard D. Kelly and Melissa S. Geller dated November 30, 2021. Document filed by Great Western Insurance Company..(Kelly, Gerard)
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Filing 270
DECLARATION of Gerard D. Kelly in Opposition re: #242 MOTION to Dismiss .. Document filed by Great Western Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Kelly, Gerard)
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Filing 269
DECLARATION of Gerard D. Kelly (Amended) in Opposition re: #239 MOTION to Dismiss Plaintiff Great Western Insurance Company's Second Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(2) and 12(b)(6).. 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, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26).(Kelly, Gerard)
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Filing 268
MEMO ENDORSEMENT on re: #267 Letter filed by Great Western Insurance Company. ENDORSEMENT: A status conference is scheduled for December 16, 2021, at 11:00 a.m. At that time the parties should dial into the Court's dedicated teleconferencing line at (877) 402-9757 and enter Access Code 7938632, followed by the pound (#) key. If this date is unavailable for any party, they must contact Courtroom Deputy Rachel Slusher immediately at (212) 805-0286. The parties shall file a letter detailing any outstanding document production and proposing new deadlines by December 14, 2021. (Status Conference set for 12/16/2021 at 11:00 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 11/24/2021) (ras)
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Filing 267
JOINT LETTER addressed to Magistrate Judge Sarah Netburn from Gerard D. Kelly dated November 23, 2021 re: Status. Document filed by Great Western Insurance Company..(Kelly, Gerard)
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Filing 266
ORDER granting #265 Letter Motion for Extension of Time. APPLICATION GRANTED. SO ORDERED. Motions due by 11/30/2021.. (Signed by Judge Vernon S. Broderick on 11/22/2021) (kv)
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Filing 265
LETTER MOTION for Extension of Time to Renew Motions to File Under Seal addressed to Judge Vernon S. Broderick from Gerard D. Kelly dated November 19, 2021. Document filed by Great Western Insurance Company..(Kelly, Gerard)
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Filing 264
ORDER denying without prejudice #251 Letter Motion to Seal; denying without prejudice #261 Letter Motion to Seal. Both Sealing Motions are DENIED without prejudice. Great Western may renew both Sealing Motions on or before November 19, 2021. Great Western is reminded that it should publicly file any documents for which it does not seek permission to file under seal. I also request that Great Western considerconsistent with the case lawseeking permission to file documents with narrowly tailored redactions, rather than under seal, if redactions could serve to protect whatever sensitive information it seeks to protect from disclosure. The Clerk of Court is respectfully directed to close the open motions at docket numbers 251 and 261. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 11/15/2021) (kv)
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Set/Reset Deadlines: Motions due by 11/19/2021. (kv)
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Filing 263
***SELECTED PARTIES***DECLARATION of Gerard D. Kelly in Opposition re: #242 MOTION to Dismiss .. Document filed by Great Western Insurance Company, Ability Insurance Company, Advantage Capital Holding, LLC, 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., Dan Cathcart, 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, Mark Graham, Kenneth King, Regatta Holdings LLC, Sancus Capital Blue Credit Opportunities Fund Ltd., Donald Solow, Gregory Tolaram, Wilmington Savings Fund Society, FSB. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)Motion or Order to File Under Seal: #261 .(Kelly, Gerard)
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Filing 262
SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #242 MOTION to Dismiss . Plaintiff's Response to Defendants' Supplemental Brief #249 . Document filed by Great Western Insurance Company..(Kelly, Gerard)
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Filing 261
LETTER MOTION to Seal addressed to Judge Vernon S. Broderick from Gerard D. Kelly dated November 12, 2021. Document filed by Great Western Insurance Company..(Kelly, Gerard)
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Filing 260
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #239 MOTION to Dismiss Plaintiff Great Western Insurance Company's Second Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(2) and 12(b)(6). And in Response to Plaintiff's Supplemental Memorandum re Jurisdiction (ECF 252). Document filed by Christiana Trust, Wilmington Savings Fund Society, FSB. (Attachments: #1 Exhibit G, #2 Exhibit H).(Yan, Huaou)
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Filing 259
DECLARATION of Gerard D. Kelly in Opposition re: #239 MOTION to Dismiss Plaintiff Great Western Insurance Company's Second Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(2) and 12(b)(6).. Document filed by Great Western Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Kelly, Gerard)
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Filing 258
SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #239 MOTION to Dismiss Plaintiff Great Western Insurance Company's Second Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(2) and 12(b)(6). Plaintiff's Response to Defendants' Supplemental Brief #254 . Document filed by Great Western Insurance Company..(Kelly, Gerard)
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Filing 257
DECLARATION of Eric R. Breslin, Esq. in Support re: #242 MOTION to Dismiss .. Document filed by Blue Elite Fund Ltd., Blue II Ltd.. (Attachments: #1 Exhibit A - Deposition of Mark Graham, #2 Exhibit B - Errata Sheet).(Breslin, Eric)
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Filing 256
SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #242 MOTION to Dismiss . . Document filed by Blue Elite Fund Ltd., Blue II Ltd...(Breslin, Eric)
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Filing 255
***SELECTED PARTIES***DECLARATION of Gerard D. Kelly (Amended) in Opposition re: #239 MOTION to Dismiss Plaintiff Great Western Insurance Company's Second Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(2) and 12(b)(6)., #242 MOTION to Dismiss .. Document filed by Great Western Insurance Company, Ability Insurance Company, Advantage Capital Holding, LLC, 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., Dan Cathcart, 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, Mark Graham, Kenneth King, Regatta Holdings LLC, Sancus Capital Blue Credit Opportunities Fund Ltd., Donald Solow, Gregory Tolaram, Wilmington Savings Fund Society, FSB. (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, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26)Motion or Order to File Under Seal: #251 .(Kelly, Gerard)
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Filing 254
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #239 MOTION to Dismiss Plaintiff Great Western Insurance Company's Second Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(2) and 12(b)(6). . Document filed by Christiana Trust, Wilmington Savings Fund Society, FSB. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Yan, Huaou)
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Filing 253
***SELECTED PARTIES***DECLARATION of Gerard D. Kelly in Opposition re: #239 MOTION to Dismiss Plaintiff Great Western Insurance Company's Second Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(2) and 12(b)(6)., #242 MOTION to Dismiss .. Document filed by Great Western Insurance Company, Ability Insurance Company, Advantage Capital Holding, LLC, 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., Dan Cathcart, 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, Mark Graham, Kenneth King, Regatta Holdings LLC, Sancus Capital Blue Credit Opportunities Fund Ltd., Donald Solow, Gregory Tolaram, Wilmington Savings Fund Society, FSB. (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, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26)Motion or Order to File Under Seal: #251 .(Kelly, Gerard)
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Filing 252
SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #239 MOTION to Dismiss Plaintiff Great Western Insurance Company's Second Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(2) and 12(b)(6)., #242 MOTION to Dismiss . . Document filed by Great Western Insurance Company..(Kelly, Gerard)
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Filing 251
LETTER MOTION to Seal addressed to Judge Vernon S. Broderick from Gerard D. Kelly dated October 29, 2021. Document filed by Great Western Insurance Company..(Kelly, Gerard)
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Filing 250
DECLARATION of Eric R. Breslin in Support re: #242 MOTION to Dismiss .. Document filed by Blue Elite Fund Ltd., Blue II Ltd...(Breslin, Eric)
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Filing 249
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #242 MOTION to Dismiss . . Document filed by Blue Elite Fund Ltd., Blue II Ltd...(Breslin, Eric)
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Filing 248
REPLY MEMORANDUM OF LAW in Support re: #242 MOTION to Dismiss . . Document filed by Blue Elite Fund Ltd., Blue II Ltd...(Breslin, Eric)
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Filing 247
REPLY MEMORANDUM OF LAW in Support re: #239 MOTION to Dismiss Plaintiff Great Western Insurance Company's Second Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(2) and 12(b)(6). . Document filed by Christiana Trust, Wilmington Savings Fund Society, FSB..(Yan, Huaou)
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Filing 246
MEMORANDUM OF LAW in Opposition re: #242 MOTION to Dismiss . . Document filed by Great Western Insurance Company..(Kelly, Gerard)
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Filing 245
MEMORANDUM OF LAW in Opposition re: #239 MOTION to Dismiss Plaintiff Great Western Insurance Company's Second Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(2) and 12(b)(6). . Document filed by Great Western Insurance Company..(Kelly, Gerard)
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Filing 244
MEMORANDUM OF LAW in Support re: #242 MOTION to Dismiss . BLUE ELITE FUND LTD. AND BLUE II LTDS NOTICE OF MOTION TO DISMISS PLAINTIFF GREAT WESTERN INSURANCE COMPANYS MOTION TO DISMISS PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 12(B)(2) AND 12(B)(6). Document filed by Blue Elite Fund Ltd., Blue II Ltd...(Breslin, Eric)
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Filing 243
DECLARATION of Mark R. Graham in Support re: #242 MOTION to Dismiss .. Document filed by Blue Elite Fund Ltd., Blue II Ltd...(Breslin, Eric)
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Filing 242
MOTION to Dismiss . Document filed by Blue Elite Fund Ltd., Blue II Ltd...(Breslin, Eric)
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Filing 241
DECLARATION of John L. Olsen in Support re: #239 MOTION to Dismiss Plaintiff Great Western Insurance Company's Second Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(2) and 12(b)(6).. Document filed by Christiana Trust, Wilmington Savings Fund Society, FSB..(Yan, Huaou)
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Filing 240
MEMORANDUM OF LAW in Support re: #239 MOTION to Dismiss Plaintiff Great Western Insurance Company's Second Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(2) and 12(b)(6). . Document filed by Christiana Trust, Wilmington Savings Fund Society, FSB..(Yan, Huaou)
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Filing 239
MOTION to Dismiss Plaintiff Great Western Insurance Company's Second Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(2) and 12(b)(6). Document filed by Christiana Trust, Wilmington Savings Fund Society, FSB. (Attachments: #1 Text of Proposed Order).(Yan, Huaou)
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Filing 238
ORDER granting #237 Motion for Natalie C. Chan to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #237 MOTION for Natalie C. Chan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25191596. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 237
MOTION for Natalie C. Chan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25191596. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Great Western Insurance Company..(Chan, Natalie)
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Filing 236
MEMO ENDORSEMENT on MOTION PURSUANT TO LOCAL RULE 1.4 TO DISPLACE THE LAW FIRM OF THOMAS C. MOORE, P.C. AS COUNSEL FOR DEFENDANT GREGORY TOLARAM granting #235 Motion to Withdraw as Attorney. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/12/2021) Attorney Thomas Clay Moore terminated (ks)
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Filing 235
MOTION for Law Firm of Thomas C. Moore P.C. to Withdraw as Attorney . Document filed by Gregory Tolaram. (Attachments: #1 Affidavit Declaration TC Moore, #2 Affidavit Declaration G Tolaram).(Moore, Thomas)
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Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Telephone Conference held on 10/8/2021. (ras)
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Filing 234
ORDER: A joint letter informing the Court about the status of discovery shall be filed by Tuesday, November 23, 2021. (Signed by Magistrate Judge Sarah Netburn on 10/8/2021) (ras)
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Filing 233
LETTER addressed to Magistrate Judge Sarah Netburn from Gerard D. Kelly dated October 6, 2021 re: Joint Status. Document filed by Great Western Insurance Company..(Kelly, Gerard)
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Filing 232
NOTICE OF APPEARANCE by Brittany Pagnotta 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..(Pagnotta, Brittany)
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Filing 231
MEMO ENDORSEMENT on re: #228 Letter filed by Great Western Insurance Company. ENDORSEMENT: The Court adopts the parties' proposed schedule for document production. The parties shall file a joint status letter on October 6, 2021. A conference is scheduled for October 8, 2021, at 9:30 a.m. to set further deadlines. At that time the parties should dial into the Court's dedicated teleconferencing line at (877) 402-9757 and enter Access Code 7938632, followed by the pound (#) key. (Telephone Conference set for 10/8/2021 at 09:30 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 8/23/2021) (ras)
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Filing 230
STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...The parties shall follow Part III.F of Judge Netburn's Individual Practices in Civil Cases with respect to pretrial requests for filing under seal. Nothing in this Order shall be construed as authorizing a party to file Confidential materials under seal without prior Court approval following a motion for leave to file under seal. (Signed by Magistrate Judge Sarah Netburn on 8/23/2021) (ras)
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Filing 229
PROPOSED STIPULATION AND ORDER. Document filed by Great Western Insurance Company..(Kelly, Gerard)
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Filing 228
LETTER addressed to Magistrate Judge Sarah Netburn from Gerard D. Kelly dated August 13, 2021 re: Discovery Schedule. Document filed by Great Western Insurance Company..(Kelly, Gerard)
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Filing 227
NOTICE OF APPEARANCE by Erica Adina Barrow 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..(Barrow, Erica)
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Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Discovery Hearing held on 8/3/2021. Court Reporter present. (ras)
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Filing 226
ORDER denying #222 Letter Motion to Compel. The parties appeared before me on August 3, 2021, to discuss the disputes related to jurisdictional discovery raised in Plaintiffs July 20, 2021 letter. For the reasons stated on the record, Plaintiffs motion to compel is DENIED. The schedule laid out by Judge Vernon S. Broderick's July 23, 2020 Order is modified as follows: Defendants will produce jurisdictional discovery by August 24, 2021; Depositions will be conducted by September 30, 2021; The Jurisdiction Defendants may refile their motions to dismiss that were denied without prejudice, after which Great Western and the Jurisdiction Defendants shall promptly refile their responses and replies thereto. Opening supplemental briefs on jurisdiction shall be filed by October 29, 2021. Responses to opening supplemental briefs on jurisdiction shall be filed by November 12, 2021. In addition, the parties shall file a status letter on August 13, 2021, which shall include a proposed schedule for discovery relating to the Defendants not subject to jurisdictional discovery. The Clerk of Court is respectfully directed to deny the motion at ECF No. 222. SO ORDERED.. (Signed by Magistrate Judge Sarah Netburn on 8/3/2021) (vfr)
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Set/Reset Deadlines: Brief due by 10/29/2021. Deposition due by 9/30/2021. Discovery due by 8/24/2021. Responses to Brief due by 11/12/2021. (vfr)
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Filing 225
NOTICE OF APPEARANCE by Michaelene Kennedy Wright on behalf of Sancus Capital Blue Credit Opportunities Fund Ltd...(Wright, Michaelene)
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Filing 224
ORDER: In light of the parties' letters regarding the jurisdictional discovery dispute, a discovery conference is scheduled for Tuesday, August 3, 2021, at 3:00 p.m. At that time, the parties should dial into the Court's dedicated teleconferencing line at (877) 402-9757, and enter access code 7938632, followed by the pound (#) key. (Discovery Hearing set for 8/3/2021 at 03:00 PM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 7/21/2021) (ras)
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Filing 223
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Sarah Netburn from Stephanie Chomentowski dated July 20, 2021 re: #222 LETTER MOTION to Compel WSFS to respond to the jurisdictional discovery requests addressed to Magistrate Judge Sarah Netburn from Gerard D. Kelly dated July 20, 2021. . Document filed by Christiana Trust, Wilmington Savings Fund Society, FSB. (Attachments: #1 Exhibit A, #2 Exhibit B).(Yan, Huaou)
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Filing 222
LETTER MOTION to Compel WSFS to respond to the jurisdictional discovery requests addressed to Magistrate Judge Sarah Netburn from Gerard D. Kelly dated July 20, 2021. Document filed by Great Western Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Kelly, Gerard)
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Filing 221
MEMO ENDORSEMENT on re: #220 Letter filed by Great Western Insurance Company. ENDORSEMENT: The parties shall file updated letters regarding outstanding issues relating to jurisdictional discovery on Tuesday, July 20, 2021. (Signed by Magistrate Judge Sarah Netburn on 7/19/2021) (ras)
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Filing 220
LETTER addressed to Magistrate Judge Sarah Netburn from Stephen W. McInerney dated July 16, 2021 re: Jurisdictional Discovery. Document filed by Great Western Insurance Company..(McInerney, Stephen)
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Filing 219
ORDER terminating #196 Letter Motion for Discovery; terminating #212 Letter Motion to Compel. On July 7, 2021, the Honorable Vernon S. Broderick referred this matter to me for general pretrial supervision. The parties filed discovery letter motions last year that appear outstanding. In light of the passage of time, the parties are directed to submit updated letters indicating what disputes remain outstanding. Such letters shall be filed no later than July 16, 2021, and shall not exceed five pages. The Clerk of Court is directed to terminate the motions pending at ECF Nos. 196 and 212. (Signed by Magistrate Judge Sarah Netburn on 7/9/2021) (ras)
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Filing 218
ORDER OF REFERENCE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Sarah Netburn. (Signed by Judge Vernon S. Broderick on 7/7/2021) (kv)
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Filing 217
ORDER granting #216 Motion for Sarah O'Laughlin Kulik to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
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Filing 216
MOTION for Sarah O'Laughlin Kulik to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22725114. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Blue Elite Fund LP, Blue Elite Fund Ltd., Blue II Ltd.. (Attachments: #1 Affidavit, #2 Text of Proposed Order).(Kulik, Sarah)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #216 MOTION for Sarah O'Laughlin Kulik to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22725114. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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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)
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Filing 214
NOTICE OF APPEARANCE by Aliza Ross Zasky on behalf of Gregory Tolaram..(Zasky, Aliza)
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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)
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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)
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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)
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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)
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Filing 209
ANSWER to #106 Amended Complaint,,,. Document filed by Gregory Tolaram..(Moore, Thomas)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Set/Reset Deadlines: Motions due by 9/18/2020. Responses due by 9/25/2020 (rro)
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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)
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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)
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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)
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Filing 198
ANSWER to #106 Amended Complaint,,, with JURY DEMAND. Document filed by Sancus Capital Blue Credit Opportunities Fund Ltd...(Yoskowitz, Jack)
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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)
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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)
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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)
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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)
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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).
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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)
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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)
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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)
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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)
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Filing 188
MOTION for John A. Prinzivalli to Withdraw as Attorney . Document filed by Great Western Insurance Company.(Prinzivalli, John)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Set/Reset Deadlines: Deposition due by 6/26/2019, Responses due by 7/10/2019. (jca)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 171
MOTION for Michael Patrick Morrissey to Withdraw as Attorney . Document filed by Great Western Insurance Company.(Kelly, Gerard)
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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)
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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)
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Filing 168
MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim. Document filed by Gregory Tolaram.(Oh, Andy)
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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)
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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)
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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)
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***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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 151
NOTICE OF APPEARANCE by Harold S. Shaftel on behalf of Advantage Capital Holding, LLC, Dan Cathcart, Kenneth King. (Shaftel, Harold)
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***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)
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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)
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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)
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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).
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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)
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Set/Reset Deadlines: Gregory Tolaram answer due 4/1/2019. (anc)
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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)
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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)
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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)
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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)
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Filing 142
MEMORANDUM OF LAW in Opposition re: #133 MOTION to Dismiss . Re: Ability Defendants. Document filed by Great Western Insurance Company. (Kelly, Gerard)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 133
MOTION to Dismiss . Document filed by Ability Insurance Company, Advantage Capital Holding, LLC, Dan Cathcart, Kenneth King.(Shaftel, Harold)
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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)
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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)
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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)
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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)
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Filing 128
MOTION to Dismiss the Second Amended Complaint. Document filed by Sancus Capital Blue Credit Opportunities Fund Ltd..(Yoskowitz, Jack)
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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)
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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)
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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)
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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)
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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)
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Filing 122
NOTICE OF APPEARANCE by Andy S. Oh on behalf of Gregory Tolaram. (Oh, Andy)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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>>>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)
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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).
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Filing 108
ELECTRONIC SUMMONS ISSUED as to Advantage Capital Holding, LLC, Dan Cathcart, Kenneth King. (pc)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 101
MEMORANDUM OF LAW in Opposition re: #74 MOTION to Dismiss . . Document filed by Great Western Insurance Company. (Kelly, Gerard)
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Filing 100
MEMORANDUM OF LAW in Opposition re: #80 MOTION to Dismiss the Amended Complaint. . Document filed by Great Western Insurance Company. (Kelly, Gerard)
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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)
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Filing 98
NOTICE OF APPEARANCE by Andrew Jacobson on behalf of Sancus Capital Blue Credit Opportunities Fund Ltd.. (Jacobson, Andrew)
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Filing 97
NOTICE OF APPEARANCE by Joseph P. McNulty on behalf of Gregory Tolaram. (McNulty, Joseph)
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Filing 96
NOTICE OF APPEARANCE by Shaun I Blick on behalf of Gregory Tolaram. (Blick, Shaun)
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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)
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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)
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>>>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)
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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)
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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)
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Filing 91
MOTION to Dismiss for Lack of Jurisdiction . Document filed by Edward Brendan Lynch.(Oh, Andy)
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Filing 90
NOTICE OF APPEARANCE by Andy S. Oh on behalf of Edward Brendan Lynch. (Oh, Andy)
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Filing 89
JOINT MEMORANDUM OF LAW in Support re: #87 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by John Drake. (Moore, Thomas)
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Filing 88
DECLARATION of John Drake in Support re: #87 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by John Drake. (Moore, Thomas)
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Filing 87
MOTION to Dismiss for Lack of Jurisdiction . Document filed by John Drake.(Moore, Thomas)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 80
MOTION to Dismiss the Amended Complaint. Document filed by Sancus Capital Blue Credit Opportunities Fund Ltd..(Yoskowitz, Jack)
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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)
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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)
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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)
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Filing 76
MEMORANDUM OF LAW in Support re: #74 MOTION to Dismiss . . Document filed by Ability Insurance Company. (Shaftel, Harold)
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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)
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Filing 74
MOTION to Dismiss . Document filed by Ability Insurance Company.(Shaftel, Harold)
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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).
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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)
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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)
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>>>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)
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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)
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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)
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***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)
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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).
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Minute Entry for proceedings held before Judge Vernon S. Broderick: Telephone Conference held on 10/3/2018. (msa)
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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)
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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)
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Filing 65
NOTICE OF APPEARANCE by Daniel E Rhynhart on behalf of Christiana Trust, Wilmington Savings Fund Society, FSB. (Rhynhart, Daniel)
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Filing 64
NOTICE OF APPEARANCE by Stephanie C Chomentowski on behalf of Christiana Trust, Wilmington Savings Fund Society, FSB. (Chomentowski, Stephanie)
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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)
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Set/Reset Hearings: Telephone Conference set for 10/3/2018 at 11:30 AM before Judge Vernon S. Broderick. (rro)
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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)
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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)
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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)
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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)
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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)
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Filing 57
NOTICE OF APPEARANCE by Shrey Sharma on behalf of Sancus Capital Blue Credit Opportunities Fund Ltd.. (Sharma, Shrey)
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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)
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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)
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Filing 54
NOTICE OF APPEARANCE by Andy S. Oh on behalf of Edward Brendan Lynch. (Oh, Andy)
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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)
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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)
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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)
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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).
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 42
PROPOSED STIPULATION AND ORDER. Document filed by Christiana Trust, Wilmington Savings Fund Society, FSB. (Yan, Huaou)
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>>>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)
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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)
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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)
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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)
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Filing 38
NOTICE OF APPEARANCE by Huaou Yan on behalf of Christiana Trust, Wilmington Savings Fund Society, FSB. (Yan, Huaou)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Set/Reset Deadlines: Motions due by 9/28/2018. (rro)
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Filing 29
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Regatta Holdings LLC.(Gordon, Michael)
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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)
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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)
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Filing 26
NOTICE OF APPEARANCE by Laura Elizabeth Miller on behalf of Sancus Capital Blue Credit Opportunities Fund Ltd.. (Miller, Laura)
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Filing 25
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sancus Capital Blue Credit Opportunities Fund Ltd..(Yoskowitz, Jack)
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Filing 24
NOTICE OF APPEARANCE by Jack Yoskowitz on behalf of Sancus Capital Blue Credit Opportunities Fund Ltd.. (Yoskowitz, Jack)
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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)
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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)
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Filing 21
NOTICE OF APPEARANCE by Harold S. Shaftel on behalf of Ability Insurance Company. (Shaftel, Harold)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 13
NOTICE OF APPEARANCE by Nicholas Kord Lagemann on behalf of Great Western Insurance Company. (Lagemann, Nicholas)
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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)
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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)
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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)
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>>>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)
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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)
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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)
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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)
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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)
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***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)
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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)
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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)
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Case Designated ECF. (sj)
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***STRICKEN DOCUMENT. Deleted document number 1 from the case record. The document was stricken from this case pursuant to #10 Memo Endorsement. (rro)
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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)
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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)
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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)
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Filing 2
CIVIL COVER SHEET filed. (Attachments: #1 Rider)(Morrissey, Michael)
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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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