United Natural Foods, Inc. v. Goldman Sachs Group, Inc. et al
| United Natural Foods, Inc. |
| Stephan J. Feldgoise, Goldman Sachs Bank USA, Goldman Sachs Lending Partners, LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Bank of America, N.A. and Goldman Sachs Group, Inc. |
| U.S. Bank National Association |
| 1:2019cv01607 |
| February 20, 2019 |
| US District Court for the Southern District of New York |
| Louis L Stanton |
| Other Statutory Actions |
| 12 U.S.C. § 632 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 30, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 34 LETTER TO COUNSELS: re: #31 LETTER MOTION for Conference; #32 LETTER MOTION for Conference; #33 Letter: That in my opinion, the reference to a "previously dismissed" case in Fed. R. Civ. P. 41(d) supports the view that the subsection is directed to the court with present jurisdiction over the parties in the later case, whose proceedings may be stayed to enforce compliance (id., subs. (2)). See Delvalle v. Cedric Kushner Promotions, Ltd., No. 00 Civ. 5688, 2000 WL 1915808 (S.D.N.Y. Jan. 9, 2000), and accordingly Goldman Sachs's application in its letters of April 29 and May 16, 2019, for relief under that rule is denied without prejudice. (Signed by Judge Louis L. Stanton on 5/30/2019) (ml) |
| Filing 33 LETTER addressed to Judge Louis L. Stanton from Gabriel F. Soledad dated May 17, 2019 re: Response to (ECF No. 31) and (ECF No. 32). Document filed by United Natural Foods, Inc..(Soledad, Gabriel) |
| Filing 32 LETTER MOTION for Conference regarding anticipated motion under Rule 41(d) or, preferably, requesting to construe previous letter as a motion under Rule 41(d) addressed to Judge Louis L. Stanton from Michael A. Paskin dated May 16, 2019. Document filed by Stephan J. Feldgoise, Goldman Sachs Bank USA, Goldman Sachs Group, Inc., Goldman Sachs Lending Partners, LLC.(Paskin, Michael) |
| Filing 31 LETTER MOTION for Conference regarding anticipated motion under Rule 41(d) by Goldman Sachs defendants addressed to Judge Louis L. Stanton from Michael A. Paskin dated April 29, 2019. Document filed by Stephan J. Feldgoise, Goldman Sachs Bank USA, Goldman Sachs Group, Inc., Goldman Sachs Lending Partners, LLC.(Paskin, Michael) |
| Filing 30 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, without prejudice and without costs against the defendant(s) Bank of America, N.A., Stephan J. Feldgoise, Goldman Sachs Bank USA, Goldman Sachs Group, Inc., Goldman Sachs Lending Partners, LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated. Document filed by United Natural Foods, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Soledad, Gabriel) |
| Filing 29 DECLARATION of Lawrence Portnoy in Support re: #27 MOTION to Intervene and to Disqualify Quinn Emanuel Urquhart & Sullivan, LLP as Counsel for Plaintiff.. Document filed by U.S. Bank National Association. (Attachments: #1 Exhibit A - Quinn Engagement Letter, #2 Exhibit B - US Bank Guidlines for Outside Counsel, #3 Exhibit C - Blackline of Complaints, #4 Exhibit D - Goldman Complaint, #5 Exhibit E - US Bank Complaint, #6 Exhibit F - Letter from Morillo to Kyrwood, #7 Exhibit G - Letter from Portnoy to Morillo)(Portnoy, Lawrence) |
| Filing 28 MEMORANDUM OF LAW in Support re: #27 MOTION to Intervene and to Disqualify Quinn Emanuel Urquhart & Sullivan, LLP as Counsel for Plaintiff. . Document filed by U.S. Bank National Association. (Portnoy, Lawrence) |
| Filing 27 MOTION to Intervene and to Disqualify Quinn Emanuel Urquhart & Sullivan, LLP as Counsel for Plaintiff. Document filed by U.S. Bank National Association.(Portnoy, Lawrence) |
| Filing 26 LETTER TO COUNSELS: The jurisdictional question under the Edge Act is close, and it should be argued by counsel who are not disqualified from conducting the case. In this suit, United Natural Foods, Inc. ("UNFI") attacks actions taken by Goldman Sachs to protect profits that it, Bank of America, and U.S. Bank made on a loan to finance an acquisition UNFI was making. If UNFI succeeds, U.S. Bank's interests will be adversely affected. U.S. Bank is a client of Quinn Emanuel, whose duty of loyalty to U.S. Bank is claimed to prevent it from representing UNFI in this suit. See ABA Model Rule l.7(a) ("A concurrent conflict of interest exists if: (1) the representation of one client will be directly adverse to another client; or (2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer'sresponsibilities to another client, a former client or a third person or by a personal interest of the lawyer."); Model Code of Prof'l Responsibility EC 5-14 ("This problem arises whenever a lawyer is asked to represent two or more clients who may have differing interests, whether such interest be conflicting, inconsistent, diverse, or otherwise discordant."); ABA/BNA Lawyers' Manual on Pro'fl Conduct 51:105 ("The prohibition against simultaneous representation ofadverse interests is based primarily on the fundamental duty of loyalty that lawyers owe to their clients. See Rule 1.7, comment. If a lawyer opposes the client, even in an unrelated matter, the client generally feels betrayed and the attorney-client relationship is undermined.")(citations omitted); Cinema 5, Ltd. v. Cinerama, Inc., 528 F.2d 1384, 1386 (2d Cir. 1976) (conflicts arising out of concurrent representation "must be measured not so much against the similarities in litigation, as against the duty of undivided loyalty which an attorney owes to each of his clients"). Under these circumstances, the question of Quinn Emanuel's ability to represent UNFI in its attack on interests shared by Quinn Emanuel's client, U.S. Bank, is not frivolous and should be decided promptly, followed by the fundamental question of jurisdiction handled by qualifiedcounsel. (Signed by Judge Louis L. Stanton on 3/8/2019) (ml) |
| Filing 25 LETTER addressed to Judge Louis L. Stanton from Gabriel F. Soledad dated March 7, 2019 re: Reconsideration of Court's March 6, 2019 Ruling. Document filed by United Natural Foods, Inc..(Soledad, Gabriel) |
| Filing 24 NOTICE OF APPEARANCE by Samantha Irene Gillespie on behalf of United Natural Foods, Inc.. (Gillespie, Samantha) |
| Minute Entry for proceedings held before Judge Louis L. Stanton: Pre-Motion Conference held on 3/6/2019. (ml) |
Filing 23
ORDER FOR ADMISSION PRO HAC VICE granting #17 Motion for Michael E. Liftik to Appear Pro Hac Vice. (Signed by Judge Louis L. Stanton on 3/4/2019) (rro)
|
| Set/Reset Hearings: Pre-Motion Conference set for 3/6/2019 at 03:00 PM in Courtroom 21C, 500 Pearl Street, New York, NY 10007 before Judge Louis L. Stanton. (ml) |
| Filing 22 LETTER TO COUNSELS: At least at first blush, it seems that ordinarily it would be good case administration to stay all other activity in both cases until the claim that Quinn Emanuel is disqualified has been resolved, and then address the question of remand before lifting the stay.The purpose of calling the conference is to hear the views of counsel in those respects, and provide an opportunity for opposition to that program to be aired and considered. If 3:00 p.m. any afternoon next week suits better than Friday, so inform my chambers and we'll schedule it accordingly. (Signed by Judge Louis L. Stanton on 3/1/2019) (ml) |
| Filing 21 LETTER addressed to Judge Louis L. Stanton from Gabriel F. Soledad dated March 1, 2019 re: Objection to Defendants March 1, 2019 letter. Document filed by United Natural Foods, Inc..(Soledad, Gabriel) |
| Filing 20 LETTER MOTION for Extension of Time to File Answer to the Complaint addressed to Judge Louis L. Stanton from Lawrence Portnoy dated March 1, 2019. Document filed by Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated.(Portnoy, Lawrence) |
| Set/Reset Hearings: Pre-Motion Conference set for 3/8/2019 at 03:00 PM in Courtroom 21C, 500 Pearl Street, New York, NY 10007 before Judge Louis L. Stanton. (ml) |
| Filing 19 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate BlackRock, Inc. for United Natural Foods, Inc.. Document filed by United Natural Foods, Inc..(Soledad, Gabriel) |
| Filing 18 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate GS Lending Partners Holdings LLC for Goldman Sachs Group, Inc.; Corporate Parent GS Lending Partners Holdings LLC for Goldman Sachs Lending Partners, LLC; Corporate Parent Goldman Sachs Group, Inc. for Goldman Sachs Bank USA. Document filed by Stephan J. Feldgoise, Goldman Sachs Bank USA, Goldman Sachs Group, Inc., Goldman Sachs Lending Partners, LLC.(Paskin, Michael) |
| Filing 17 MOTION for Michael E. Liftik to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16407870. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by United Natural Foods, Inc.. (Attachments: #1 Declaration of Michael E. Liftik in Support of Admission to Practice Pro Hac Vice, #2 Certificate of Good Standing - District of Columbia, #3 Certificate of Good Standing - Massachusetts, #4 Certificate of Good Standing - California, #5 Proposed Order for Admission Pro Hac Vice)(Liftik, Michael) |
| Filing 16 NOTICE OF APPEARANCE by Blair Alexander Adams on behalf of United Natural Foods, Inc.. (Adams, Blair) |
| Filing 15 NOTICE OF APPEARANCE by Gabriel Fernando Soledad on behalf of United Natural Foods, Inc.. (Soledad, Gabriel) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Michael A Paskin to RE-FILE Document #7 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Not All Corporate Parents/Other affiliates were added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (ldi) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Michael E. Liftik to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16407870. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc) |
| Filing 14 LETTER RESPONSE to Motion addressed to Judge Louis L. Stanton from Gabriel F. Soledad dated February 25, 2019 re: #13 JOINT LETTER MOTION for Extension of Time addressed to Judge Louis L. Stanton from Lawrence Portnoy dated February 22, 2019. . Document filed by United Natural Foods, Inc.. (Soledad, Gabriel) |
| Filing 13 JOINT LETTER MOTION for Extension of Time addressed to Judge Louis L. Stanton from Lawrence Portnoy dated February 22, 2019. Document filed by Bank of America, N.A., Stephan J. Feldgoise, Goldman Sachs Bank USA, Goldman Sachs Group, Inc., Goldman Sachs Lending Partners, LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated. (Attachments: #1 Exhibit A -- Proposed Order for Stay in the Goldman/BOA Action, #2 Exhibit B -- Proposed Order for Stay in the US Bank Action)(Portnoy, Lawrence) |
| Filing 12 CERTIFICATE OF SERVICE of Notice of Removal, Amended Notice of Removal, Civil Cover Sheet, Defendants' 7.1 Statements, Appearance of Lawrence Portnoy, Appearance of Andrew S. Gehring, Appearance of Daniel S. Magy, Individual Rules of Judge Louis L. Stanton, and ECF Rules and Instructions served on Plaintiff United Natural Foods, Inc. on February 21, 2019. Service was made by FedEx priority overnight mail. Document filed by Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated. (Portnoy, Lawrence) |
| Filing 11 NOTICE OF APPEARANCE by Michael T Reynolds on behalf of Stephan J. Feldgoise, Goldman Sachs Bank USA, Goldman Sachs Group, Inc., Goldman Sachs Lending Partners, LLC. (Reynolds, Michael) |
| Filing 10 NOTICE OF APPEARANCE by Michael A Paskin on behalf of Stephan J. Feldgoise, Goldman Sachs Bank USA, Goldman Sachs Group, Inc., Goldman Sachs Lending Partners, LLC. (Paskin, Michael) |
| Filing 9 NOTICE OF APPEARANCE by Lauren Ann Moskowitz on behalf of Stephan J. Feldgoise, Goldman Sachs Bank USA, Goldman Sachs Group, Inc., Goldman Sachs Lending Partners, LLC. (Moskowitz, Lauren) |
| Filing 8 AMENDED NOTICE OF REMOVAL against United Natural Foods, Inc.; amending #1 Notice of Removal,.Document filed by Bank of America, N.A., Goldman Sachs Lending Partners, LLC, Goldman Sachs Bank USA, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Goldman Sachs Group, Inc., Stephan J. Feldgoise. Related document: #1 Notice of Removal,. (Attachments: #1 Exhibit A-State Court Summons and Complaint, #2 Exhibit B-Commitment Letter)(Portnoy, Lawrence) |
| Magistrate Judge Ona T. Wang 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. (dnh) |
| Case Designated ECF. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Louis L. Stanton. 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. (dnh) |
| Filing 7 FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Goldman Sachs Group, Inc. for Goldman Sachs Bank USA, Goldman Sachs Lending Partners, LLC. Document filed by Stephan J. Feldgoise, Goldman Sachs Bank USA, Goldman Sachs Group, Inc., Goldman Sachs Lending Partners, LLC.(Paskin, Michael) Modified on 2/26/2019 (ldi). |
| Filing 6 NOTICE OF APPEARANCE by Daniel Saul Magy on behalf of Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated. (Magy, Daniel) |
| Filing 5 NOTICE OF APPEARANCE by Andrew Scott Gehring on behalf of Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated. (Gehring, Andrew) |
| Filing 4 NOTICE OF APPEARANCE by Lawrence Jay Portnoy on behalf of Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated. (Portnoy, Lawrence) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Bank of America Corporation for Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated. Document filed by Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated.(Portnoy, Lawrence) |
| Filing 2 CIVIL COVER SHEET filed. (Portnoy, Lawrence) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 650594/2019. (Filing Fee $ 400.00, Receipt Number ANYSDC-16379731).Document filed by Bank of America, N.A., Goldman Sachs Lending Partners, LLC, Goldman Sachs Bank USA, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Goldman Sachs Group, Inc., Stephan J. Feldgoise. (Attachments: #1 Exhibit A-State Court Summons and Complaint, #2 Exhibit B-Commitment Letter)(Portnoy, Lawrence) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
