Senior Health Insurance Company of Pennsylvania v. Lincoln International LLC et al
| Senior Health Insurance Company of Pennsylvania |
| Lincoln Partners Advisors LLC and Lincoln International LLC |
| 1:2019cv07137 |
| July 31, 2019 |
| US District Court for the Southern District of New York |
| Jed S Rakoff |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 33 DECLARATION of William Ridgway in Support re: #31 MOTION to Dismiss the Complaint [Dkt. 5].. Document filed by Lincoln International LLC, Lincoln Partners Advisors LLC. (Attachments: #1 Exhibit A - Lincoln-Beechwood Eng Ltr Fully Executed 2.19.14, #2 Exhibit B- Beechwood Valuation Report Q1 2014, #3 Exhibit C- Beechwood Valuation Report Q2 2014, #4 Exhibit D- Beechwood Valuation Report Q3 2014, #5 Exhibit E- Beechwood Valuation Report Q4 2014, #6 Exhibit F - Assurance Letter 2.28.14, #7 Exhibit G - Assurance Letter 4.30.14, #8 Exhibit H - Beechwood Re Assurance Letter 5.31.14, #9 Exhibit I - Beechwood Re Assurance Letter 7.31.14, #10 Exhibit J - Beechwood Re Assurance Letter 10.31.14, #11 Exhibit K - Beechwood Re Assurance Letter 11.30.14, #12 Exhibit L - Beechwood Re Assurance Letter 1.31.15)(Ridgway, William) |
| Filing 32 MEMORANDUM OF LAW in Support re: #31 MOTION to Dismiss the Complaint [Dkt. 5]. . Document filed by Lincoln International LLC, Lincoln Partners Advisors LLC. (Ridgway, William) |
| Filing 31 MOTION to Dismiss the Complaint [Dkt. 5]. Document filed by Lincoln International LLC, Lincoln Partners Advisors LLC.(Ridgway, William) |
| Filing 30 NOTICE OF CHANGE OF ADDRESS by Amiad Moshe Kushner on behalf of Senior Health Insurance Company of Pennsylvania. New Address: Seiden Law Group, LLP, 469 Seventh Ave, 5th Fl, New York, NY, United States 10018, 2125230686. (Kushner, Amiad) |
Filing 29
ORDER FOR ADMISSION PRO HAC VICE granting #25 Motion for Lara A. Flath to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 9/21/2019) (mro)
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Filing 28
ORDER FOR ADMISSION PRO HAC VICE granting #27 Motion for William E. Ridgway to Appear Pro Hac Vice. (Signed by Judge Jed S. Rakoff on 9/21/2019) (jwh)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #26 MOTION for Charles F. Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17623717. Motion and supporting papers to be reviewed by Clerk's Office staff., #27 MOTION for William E. Ridgway to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17623893. Motion and supporting papers to be reviewed by Clerk's Office staff., #25 MOTION for Lara A. Flath to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17623635. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 27 MOTION for William E. Ridgway to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17623893. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lincoln International LLC, Lincoln Partners Advisors LLC. (Attachments: #1 Affidavit of William E. Ridgway, #2 Exhibit 1 - Certificate of Good Standing, #3 Exhibit 2 - Certificate of Good Standing, #4 Text of Proposed Order)(Ridgway, William) |
| Filing 26 MOTION for Charles F. Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17623717. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lincoln International LLC, Lincoln Partners Advisors LLC. (Attachments: #1 Affidavit of Charles F. Smith, #2 Exhibit 1 - Certificate of Good Standing, #3 Text of Proposed Order)(Smith, Charles) |
| Filing 25 MOTION for Lara A. Flath to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17623635. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lincoln International LLC, Lincoln Partners Advisors LLC. (Attachments: #1 Affidavit of Lara A. Flath, #2 Exhibit 1 - Certificate of Good Standing, #3 Exhibit 2 - Certificate of Good Standing, #4 Text of Proposed Order)(Flath, Lara) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff:. Motions due by 9/26/2019. Responses due by 10/12/2019. Replies due by 10/19/2019. (Kotowski, Linda) |
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Filing 24
MEMORANDUM ORDER granting #18 Motion for Reconsideration: For the reasons set forth above, the Court grants SHIP's motion, vacates its prior order dismissing the complaint with prejudice, and imposes the following ameliorative steps and sanctions on SHIP: (1) Lincoln may demand by September 20, 2019 additional documents relating to SHIP' s instant complaint, which documents must be produced by September 30, 2019; (2) upon Lincoln's demand, SHIP is required to promptly re-produce for deposition by Lincoln any witnesses deposed in September 2019; and (3) within one week of the date of this Memorandum Order, SHIP must pay Lincoln the sum of $50,000 to Lincoln to mitigate the added costs that Lincoln has and will incur due to SHIP's failure to comply with the Court's order, and by way of a sanction. The Clerk of the Court is directed to close the entry at docket number 18 and vacate its final judgment dated August 21, 2019 in docket number 17. (Signed by Judge Jed S. Rakoff on 9/13/2019) (jwh)
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| Filing 23 DECLARATION of Robert A. Fumerton in Opposition re: #18 MOTION for Reconsideration re; #16 Order of Dismissal, .. Document filed by Lincoln International LLC, Lincoln Partners Advisors LLC. (Attachments: #1 Exhibit A)(Fumerton, Robert) |
| Filing 22 MEMORANDUM OF LAW in Opposition re: #18 MOTION for Reconsideration re; #16 Order of Dismissal, . . Document filed by Lincoln International LLC, Lincoln Partners Advisors LLC. (Fumerton, Robert) |
| Filing 21 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Lincoln International, LP for Lincoln International LLC, Lincoln Partners Advisors LLC. Document filed by Lincoln International LLC, Lincoln Partners Advisors LLC.(Fumerton, Robert) |
| Filing 20 DECLARATION of Dov B. Gold in Support re: #18 MOTION for Reconsideration re; #16 Order of Dismissal, .. Document filed by Senior Health Insurance Company of Pennsylvania. (Gold, Dov) |
| Filing 19 MEMORANDUM OF LAW in Support re: #18 MOTION for Reconsideration re; #16 Order of Dismissal, . . Document filed by Senior Health Insurance Company of Pennsylvania. (Gold, Dov) |
| Filing 18 MOTION for Reconsideration re; #16 Order of Dismissal, . Document filed by Senior Health Insurance Company of Pennsylvania.(Gold, Dov) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 8/29/2019, SHIP's Motion for Reconsideration due 9-4-2019 by 6:00pm.Deft Lincoln's answer due 9-9-2019 by 6:00pm (Kotowski, Linda) |
| Filing 17 Vacated as per Judge's Order dated 9/16/2019, Doc. #24 CLERK'S JUDGMENT re: #16 Order of Dismissal. in favor of Lincoln International LLC, Lincoln Partners Advisors LLC against Senior Health Insurance Company of Pennsylvania. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Order dated August 21, 2019, after considering the parties' submissions, ECF No. 14 ("Lincoln Letter") and ECF No. 15 ("SHIP Letter"), the Court grants the motion; the entire complaint is dismissed, with prejudice in 19 Cv. 07137. (Signed by Clerk of Court Ruby Krajick on 08/21/2019) (Attachments: #1 Notice of Right to Appeal)(dt) Modified on 9/16/2019 (jwh). |
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Filing 16
Vacated as per Judge's Order dated 9/16/2019, Doc. #24 MEMORANDUM ORDER: For the reasons set forth above, this Court hereby dismisses, with prejudice, the entire complaint. Clerk to enter judgment. (Signed by Judge Jed S. Rakoff on 8/20/2019) (ne) Transmission to Orders and Judgments Clerk for processing. Modified on 9/16/2019 (jwh).
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| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 8/20/2019. (Kotowski, Linda) |
| Filing 15 LETTER addressed to Judge Jed S. Rakoff from Amiad Kushner and Dov B. Gold dated 8/12/19 re: Dai & Associates, P.C. and our co-counsel The Seiden Group ("Seiden") represent plaintiff Senior Health Insurance Company of Pennsylvania ("SHIP") in the above-referenced action against defendants Lincoln International LLC ("Lincoln International") and Lincoln Partners Advisors LLC ("Lincoln Partners," and together with Lincoln International, "Lincoln"). Pursuant to the Court's direction at the August 7, 2019 teleconference with counsel for Lincoln, we respectfully write to request that the Court permit SHIP's complaint against Lincoln (the "Complaint") to proceed notwithstanding that it was filed on July 30, 2019, which was after the expiration of a May 15, 2019 deadline to join new parties as set forth in the April 17, 2019 scheduling order set by Your Honor. Document filed by Senior Health Insurance Company of Pennsylvania. (mro) |
| Filing 14 LETTER addressed to Judge Jed S. Rakoff from Charles F. Smith dated 8/15/19 re: We represent Lincoln International LLC and Lincoln Partners Advisors LLC ("Lincoln") in the above-referenced action. Pursuant to the Court's August 7, 2019, instruction, we submit this letter respectfully requesting that the Court dismiss SHIP's complaint against Lincoln in light of SHIP's willful failure to comply with Your Honor's Scheduling Order. See Dkt. No. 253. Document filed by Lincoln International LLC, Lincoln Partners Advisors LLC. (mro) |
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Filing 13
ORDER re: #12 Letter, filed by Senior Health Insurance Company of Pennsylvania: Based on the review of the redactions in the Complaint filed on the docket (ECF No. 5) and the letter dated August 2, 2019 explaining the purported basis for the redactions, the Court concludes that the redactions are very excessive. Counsel for the plaintiff shall prepare a new redacted version of the Complaint that reduces the redactions to the minimum necessary to the alleged basis. The plaintiff shall then submit the new version to the Court, which will then determine whether further redactions are needed. (Signed by Judge Jed S. Rakoff on 8/6/2019) (jwh)
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| Filing 12 LETTER addressed to Judge Jed S. Rakoff from Dov B. Gold dated 8/2/2019 re: submitted pursuant to Judge Ronnie Abrams' July 30, 2019 Order (Dkt No. 6). requiring Plaintiff to submit a letter by Friday, August 2, 2019, to the assigned judge articulating a basis as to why the proposed redactions in Plaintiff's complaint comply with the test set forth in Lugosch v. Pyramid Co. of Onondaga. Document filed by Senior Health Insurance Company of Pennsylvania.(jwh) |
| Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 8/7/2019. (Kotowski, Linda) |
| Filing 11 NOTICE OF APPEARANCE by Robert Alexander Fumerton on behalf of Lincoln International LLC, Lincoln Partners Advisors LLC. (Fumerton, Robert) |
| Filing 10 NOTICE OF APPEARANCE by Amiad Moshe Kushner on behalf of Senior Health Insurance Company of Pennsylvania. (Kushner, Amiad) |
| Filing 9 AFFIDAVIT OF SERVICE. All Defendants. Service was accepted by Lindsey Sieling, Counsel for Defendants. Document filed by Senior Health Insurance Company of Pennsylvania. (Gold, Dov) |
| NOTICE OF CASE REASSIGNMENT to Judge Jed S. Rakoff. Judge Unassigned is no longer assigned to the case. (bcu) |
| CASE ACCEPTED AS RELATED. Create association to 1:18-cv-06658-JSR. Notice of Assignment to follow. (bcu) |
| 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. (bcu) |
| Filing 8 DECLARATION of Dov B. Gold to Seal Complaint. Document filed by Senior Health Insurance Company of Pennsylvania. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Gold, Dov) |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Senior Health Care Oversight Trust for Senior Health Insurance Company of Pennsylvania. Document filed by Senior Health Insurance Company of Pennsylvania.(Gold, Dov) |
| Filing 5 COMPLAINT against Lincoln International LLC, Lincoln Partners Advisors LLC. (Filing Fee $ 400.00, Receipt Number 465401240978)Document filed by Senior Health Insurance Company of Pennsylvania.(pc) |
| Filing 4 SEALED DOCUMENT placed in vault.(mhe) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 18-cv-6658. Document filed by Senior Health Insurance Company of Pennsylvania.(jgo) (pc). |
| Filing 2 CIVIL COVER SHEET filed. (jgo) (pc). |
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Filing 1
ORDER TO BE FILED UNDER SEAL: COMPLAINT/PETITION ONLY (Signed by Judge Ronnie Abrams on 7/30/2019) (jgo)
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| SUMMONS ISSUED as to Lincoln International LLC. (jgo) |
| CASE REFERRED TO Judge Jed S. Rakoff as possibly related to 18-cv-6658. (jgo) |
| SUMMONS ISSUED as to Lincoln Partners Advisors LLC. (jgo) |
| Case Designated ECF. (jgo) |
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Filing 6
ORDER re: #1 ORDER TO BE FILED UNDER SEAL: COMPLAINT/PETITION ONLY. Plaintiff Senior Health Insurance Company of Pennsylvania ("SHIP") seeks to file a heavily redacted Complaint in this action, claiming that it must do so pursuant to a November 1, 2018 protective order entered by Judge Rakoff in the consolidated action In re Platinum Beechwood Litig., 18-cv-6658-JSR (Dkt. 67). Plaintiff's request is hereby granted. No later than Friday, August 2, 2019, however, Plaintiff shall submit a letter to the assigned judge articulating a basis as to why the proposed redactions comply with the test set forth in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). The Clerk of Court is directed to file the enclosed unredacted copy of the Complaint under seal, until otherwise directed by Judge Rakoff or any other judge assigned to this case, and Plaintiff shall file the redacted copy on ECF. (Signed by Judge Ronnie Abrams on 7/30/2019) (rj)
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