Bernard L. Madoff Investment Securities LLC et al v. Elaine Dine Living Trust Dated 5/12/06 et al
Plaintiff: Irving H. Picard
Defendant: Elaine Dine Living Trust Dated and Elaine Dine
In Re: Bernard L. Madoff Investment Securities LLC
Case Number: 1:2020cv01748
Filed: February 27, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Katherine Polk Failla
Referring Judge: Alison J Nathan
Nature of Suit: Bankruptcy Withdrawal
Cause of Action: 28 U.S.C. § 157
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 5, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 5, 2021 Opinion or Order Filing 39 STIPULATION OF SETTLEMENT AND VOLUNTARY DISMISSAL WITH PREJUDICE: In accordance with Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the Parties hereby stipulate to a dismissal with prejudice of the Trustee's claims against Defendants in the above-captioned action, and dismissal of the action. The provisions of this Stipulation shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and upon all creditors and parties of interest. This Stipulation may be signed by the Parties in any number of counterparts, each of which when so signed shall be an original, but all of which shall together constitute one and the same instrument. A signed facsimile, photostatic, or electronic copy of this Stipulation shall be deemed an original. As further set forth in this Order. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/4/2021) (ks)
January 4, 2021 ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #38 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Alison J. Nathan for approval for the following reason(s): as Per the Court's Order Doc.#37. (dt)
December 31, 2020 Filing 38 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) Elaine Dine, Elaine Dine Living Trust Dated 5/12/06 pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Irving H. Picard. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Cremona, Nicholas)
December 8, 2020 Opinion or Order Filing 37 ORDER: It having been reported to this Court that this case has been settled, it is hereby ORDERED that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Court's calendar if the application to restore the action is made within thirty (30) days. To be clear, any application to reopen must be filed within thirty days of this Order; any application to reopen filed thereafter may be denied solely on that basis. All scheduled conferences are hereby adjourned. Within the thirty-day period provided for in this Order, the parties may submit to the Court their own Stipulation of Dismissal for the Court to So Order. Pursuant to Rule 5.A. of the Court's Individual Practices in Civil Cases, the Court will not retain jurisdiction to enforce a settlement agreement unless the terms of the agreement are made part of the public record. (Signed by Judge Alison J. Nathan on 12/7/2020) (nb)
December 4, 2020 Filing 36 LETTER addressed to Judge Alison J. Nathan from Helen Davis Chaitman dated December 4, 2020 re: Informing of settlement. Document filed by Elaine Dine, Elaine Dine Living Trust Dated 5/12/06..(Chaitman, Helen)
October 2, 2020 Filing 35 LETTER addressed to Judge Alison J. Nathan from Helen Davis Chaitman dated October 2, 2020 re: in response to the October 1, 2020 letter of the Plaintiff. Document filed by Elaine Dine, Elaine Dine Living Trust Dated 5/12/06..(Chaitman, Helen)
October 1, 2020 Filing 34 LETTER addressed to Judge Alison J. Nathan from Nicholas J. Cremona dated October 1, 2020 re: Second Circuit Decision in Picard v. Gettinger, No. 19-0429. Document filed by Irving H. Picard. (Attachments: #1 Exhibit A- Opinion).(Cremona, Nicholas)
July 24, 2020 Filing 33 REPLY MEMORANDUM OF LAW in Support re: #11 MOTION for Summary Judgment ., #24 CROSS MOTION for Summary Judgment - Defendants' Opposition to the Trustees Motion for Summary Judgment and in Support of Defendants' Cross-Motion for Summary Judgment Dismissing the Complaint for Lack of Subject Matter Jurisdiction. . Document filed by Elaine Dine, Elaine Dine Living Trust Dated 5/12/06..(Chaitman, Helen)
July 17, 2020 Filing 32 RESPONSE re: #26 Counter Statement to Rule 56.1 . Document filed by Irving H. Picard..(Cremona, Nicholas)
July 17, 2020 Filing 31 DECLARATION of Maximillian S. Shifrin in Support re: #11 MOTION for Summary Judgment .. Document filed by Irving H. Picard. (Attachments: #1 Exhibit 1-Excerpt of Testimony of Bruce G. Dubinsky, #2 Exhibit 2-Excerpt of Testimony of Frank DiPascali, Jr.).(Shifrin, Maximillian)
July 17, 2020 Filing 30 REPLY MEMORANDUM OF LAW in Support re: #11 MOTION for Summary Judgment . . Document filed by Irving H. Picard..(Cremona, Nicholas)
July 17, 2020 Opinion or Order Filing 29 ORDER granting #28 Letter Motion for Leave to File Excess Pages. SO ORDERED. (Signed by Judge Alison J. Nathan on 7/17/2020) (rro)
July 10, 2020 Filing 28 LETTER MOTION for Leave to File Excess Pages re: Trustee's Memorandum of Law to both Oppose Defendants' Cross-Motion and Reply in Further Support of his Motion for Summary Judgment addressed to Judge Alison J. Nathan from Nicholas J. Cremona dated July 10, 2020. Document filed by Irving H. Picard..(Cremona, Nicholas)
June 26, 2020 Filing 27 DECLARATION of Helen Davis Chaitman in Opposition re: #11 MOTION for Summary Judgment ., #24 CROSS MOTION for Summary Judgment - Defendants' Opposition to the Trustees Motion for Summary Judgment and in Support of Defendants' Cross-Motion for Summary Judgment Dismissing the Complaint for Lack of Subject Matter Jurisdiction.. Document filed by Elaine Dine, Elaine Dine Living Trust Dated 5/12/06. (Attachments: #1 Exhibit A 5.8.5019 Trial Transcript in Nelson, #2 Exhibit B 2.1979 BLM confirmation, #3 Exhibit C JPMC 12.2008 Statement, #4 Exhibit D 2001 Amendment to SEC Form BD, #5 Exhibit E 1.1.2001 BLMIS ltr to BNY, #6 Exhibit F 1.1.2001 BLMIS ltr to NSCC, #7 Exhibit G 1.1.2001 BLMIS ltr to OCC, #8 Exhibit H 1.1.2001 BLMIS ltr to DTC, #9 Exhibit I Email dated June 12, 2018, #10 Exhibit J Madoff Transcript 4.26.2017, #11 Exhibit K SIPC letters to Scott Garrett, #12 Exhibit L JPMC 12.2001 Bank Statement, #13 Exhibit M 509 Account Statements, #14 Exhibit N 703 Account Compilation, #15 Exhibit O 8-2002 703 Account Statement, #16 Exhibit P 9-2002 703 Account Statement, #17 Exhibit Q Dine Wire Compilation 703 Account Statements, #18 Exhibit R Deposit Check dated January 6, 2004, #19 Exhibit S 12.2008 703 Account Statement, #20 Exhibit T 1999 WD Check 509 Account, #21 Exhibit U 1998 509 Account Statement, #22 Exhibit V Dine 509 Acct.1999-2008 Check Withdrawal Compilation, #23 Exhibit W Nelson Trial Transcript 5.9.2019, #24 Exhibit X 1991 BLMIS Letterhead, #25 Exhibit Y 1998 Trading Authorization, #26 Exhibit Z 1999 703 Account Statement, #27 Exhibit AA 2-12.1999 PMR, #28 Exhibit AB 2004 Dine Name Change Requests, #29 Exhibit AC 2007 Trust Transfer, #30 Exhibit AD BLMIS Deposits to Dine, #31 Exhibit AE Ltr Bates No. AMF00266648, #32 Exhibit AF Ltr Bates No. AMF00266647, #33 Exhibit AG- pt 1 Declaration of Peter S. Marx, #34 Exhibit AG- pt 2 Declaration of Peter S. Marx, cont, #35 Exhibit AH Defs' Amed. Resp. to Trst. ITGs, #36 Exhibit AI Madoff 4.26.2017 Transcript, #37 Exhibit AJ Madoff 12.20.2016 Transcript, #38 Exhibit AK Brokerage Statements re Bear Sterns to 703 example, #39 Exhibit AL Crupi 5.23.2019 Transcript, #40 Exhibit AM DiPascali Transcript 12.10.2013, #41 Exhibit AN Governments Exhibit 105-c171 to DiPascali TR, #42 Exhibit AO Dine T-Bill Matching Analysis Chart and Supporting Documents by Tab, #43 Exhibit AP 2004 Misc. Cust Statements re T-Bill Matching Analysis, #44 Exhibit AQ 6.11.2019 B. Song ltr to HDC, #45 Exhibit AR 7.5.2019 HDC ltr to Trustee, #46 Exhibit AS 12.4.2019 Trustee reply ltr to HDC, #47 Exhibit AT 5.20.2020 Savin Transcript, #48 Exhibit AU 8.25.2006 Form ADV Uniform Application for IA Reg, #49 Exhibit AV 6.15.2016 Madoff Transcript, #50 Exhibit AW 3.12.2009 Plea Allocution- Madoff, #51 Exhibit AX 12.19.2011 Plea Allocution- Pitz, #52 Exhibit AY E. Dine Deposition Transcript Excerpts).(Chaitman, Helen)
June 26, 2020 Filing 26 COUNTER STATEMENT TO #13 Rule 56.1 Statement. Document filed by Elaine Dine, Elaine Dine Living Trust Dated 5/12/06..(Chaitman, Helen)
June 26, 2020 Filing 25 Objection re: #13 Rule 56.1 Statement . Document filed by Elaine Dine, Elaine Dine Living Trust Dated 5/12/06..(Chaitman, Helen)
June 26, 2020 Filing 24 CROSS MOTION for Summary Judgment - Defendants' Opposition to the Trustees Motion for Summary Judgment and in Support of Defendants' Cross-Motion for Summary Judgment Dismissing the Complaint for Lack of Subject Matter Jurisdiction. Document filed by Elaine Dine, Elaine Dine Living Trust Dated 5/12/06..(Chaitman, Helen)
June 26, 2020 Filing 23 NOTICE of DEFENDANTS CROSS-MOTION FOR SUMMARY JUDGMENT. Document filed by Elaine Dine, Elaine Dine Living Trust Dated 5/12/06..(Chaitman, Helen)
June 25, 2020 Opinion or Order Filing 22 ORDER granting #21 Letter Motion for Extension of Time: SO ORDERED. (Signed by Judge Alison J. Nathan on 6/24/2020) (jwh)
June 25, 2020 Set/Reset Deadlines as to #11 MOTION for Summary Judgment: Cross Motions due by 6/26/2020. Responses due by 7/17/2020. Replies due by 7/24/2020. (jwh)
June 19, 2020 Filing 21 LETTER MOTION for Extension of Time re Agreed Upon Revised Briefing Schedule addressed to Judge Alison J. Nathan from Helen Davis Chaitman dated June 19, 2020. Document filed by Elaine Dine, Elaine Dine Living Trust Dated 5/12/06..(Chaitman, Helen)
June 19, 2020 Filing 20 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #21) - LETTER MOTION for Conference re Agreed Upon Revised Briefing Schedule addressed to Judge Alison J. Nathan from Helen Davis Chaitman dated June 19, 2020. Document filed by Elaine Dine, Elaine Dine Living Trust Dated 5/12/06..(Chaitman, Helen) Modified on 6/19/2020 (ldi).
May 5, 2020 Opinion or Order Filing 19 ORDER granting #18 Letter Motion for Extension of Time to File Response/Reply. SO ORDERED. Responses due by 6/26/2020, Replies due by 7/10/2020. (Signed by Judge Alison J. Nathan on 5/5/2020) (jca)
April 30, 2020 Filing 18 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Alison J. Nathan from Helen Davis Chaitman dated April 30, 2020. Document filed by Elaine Dine, Elaine Dine Living Trust Dated 5/12/06..(Chaitman, Helen)
April 24, 2020 Filing 17 DECLARATION of Mathew B. Greenblatt in Support re: #11 MOTION for Summary Judgment .. Document filed by Irving H. Picard. (Attachments: #1 Attachment A - Principal Balance Calculation Report of Matthew B Greenblatt, #2 Exhibit 1 - Principal Balance Calculation Report of Matthew B Greenblatt, #3 Exhibit 2 - Principal Balance Calculation Report of Matthew B Greenblatt, #4 Exhibit 3 - Principal Balance Calculation Report of Matthew B Greenblatt, #5 Exhibit 4 - Principal Balance Calculation Report of Matthew B Greenblatt, #6 Exhibit 5 - Principal Balance Calculation Report of Matthew B Greenblatt, #7 Exhibit 6 - Principal Balance Calculation Report of Matthew B Greenblatt, #8 Exhibit 7 - Principal Balance Calculation Report of Matthew B Greenblatt, #9 Exhibit 8 - Principal Balance Calculation Report of Matthew B Greenblatt, #10 Attachment B - Expert Report of Matthew B Greenblatt and Corresponding Exhibits - Elaine Dine matter (10-04491), #11 Exhibit 1, #12 Exhibit 2, #13 Exhibit 3, #14 Exhibit 4, #15 Attachment C - Greenblatt_CV_March 2020).(Cremona, Nicholas)
April 24, 2020 Filing 16 DECLARATION of Lisa M. Collura in Support re: #11 MOTION for Summary Judgment .. Document filed by Irving H. Picard. (Attachments: #1 Attachment A - Expert Report of Lisa M. Collura - 1.16.2019, #2 Exhibit 1 to the Expert Report of Lisa M Collura - 1.16.2019_Redacted, #3 Exhibit 2 to the Expert Report of Lisa M Collura - 1.16.2019_Redacted, #4 Exhibit 3 to the Expert Report of Lisa M Collura - 1.16.2019_Redacted, #5 Exhibit 4 (Excerpt) to the Expert Report of Lisa M Collura - 1.16.2019_Redacted, #6 Exhibit 5 (Excerpt) to the Expert Report of Lisa M Collura - 1.16.2019_Redacted, #7 Exhibit 6 (Excerpt) to the Expert Report of Lisa M Collura - 1.16.2019_Redacted, #8 Exhibit 7 to the Expert Report of Lisa M Collura - 1.16.2019_Redacted, #9 Exhibit 8.1 to the Expert Report of Lisa M Collura - 1.16.2019_Redacted, #10 Exhibit 8.2 to the Expert Report of Lisa M Collura - 1.16.2019_Redacted, #11 Exhibit 9 to the Expert Report of Lisa M Collura - 1.16.2019_Redacted, #12 Exhibit 10 to the Expert Report of Lisa M Collura - 1.16.2019_Redacted, #13 Exhibit 11 to the Expert Report of Lisa M Collura - 1.16.2019_Redacted, #14 Exhibit 12 to the Expert Report of Lisa M Collura - 1.16.2019_Redacted, #15 Exhibit 13 to the Expert Report of Lisa M Collura - 1.16.2019_Redacted, #16 Exhibit 14 to the Expert Report of Lisa M Collura - 1.16.2019_Redacted, #17 Exhibit 15 to the Expert Report of Lisa M Collura - 1.16.2019_Redacted, #18 Exhibit 16 to the Expert Report of Lisa M Collura - 1.16.2019_Redacted, #19 Exhibit 17 to the Expert Report of Lisa M Collura - 1.16.2019_Redacted, #20 Exhibit 18 to the Expert Report of Lisa M Collura - 1.16.2019_Redacted, #21 Attachment B - Expert Report of Lisa M. Collura - Elaine Dine Trust - 6.11.2019, #22 Exhibit 1, #23 Exhibit 2, #24 Exhibit 3, #25 Exhibit 4, #26 Exhibit 5, #27 Exhibit 6, #28 Attachment C - Lisa Collura CV March 2020).(Cremona, Nicholas)
April 24, 2020 Filing 15 DECLARATION of Nicholas J. Cremona in Support re: #11 MOTION for Summary Judgment .. Document filed by Irving H. Picard. (Attachments: #1 Ex. 1 - Form BD - PUBLIC0003607, #2 Ex. 2 - Amended Form BD (ECF), #3 Ex. 3 - DiPascali Testimony (ECF), #4 Ex. 4 - 703 and 509 Statement Exemplar Exhibit, #5 Ex. 5 - Madoff Plea Allocution, #6 Ex. 6 - DiPascali Plea Allocution, #7 Ex. 7 - Kugel Plea Allocution, #8 Ex. 8 - Irwin Lipkin Plea Allocution (ECF), #9 Ex. 9 - Eric Lipkin Plea Allocution, #10 Ex. 10 - Enrica Cotellessa-Pitz Plea Allocution (ECF), #11 Ex. 11 - Dine Deposition Transcript w Exs 12 and 13, #12 Ex. 12 - Dine Amended Discovery Responses, #13 Ex. 13 - 10.28.2015 Transcript).(Cremona, Nicholas)
April 24, 2020 Filing 14 DECLARATION of Bruce G. Dubinsky in Support re: #11 MOTION for Summary Judgment .. Document filed by Irving H. Picard. (Attachments: #1 Attachment A - Dubinsky BLMIS Expert Report 1.16.19_Redacted, #2 Appendix A, #3 Appendix A updated June 2019, #4 Appendix B, #5 Appendix B Schedule 1 1.16.19, #6 Exhibit 1, #7 Exhibit 2, #8 Exhibit 3, #9 Exhibit 4, #10 Exhibit 5, #11 Exhibit 6, #12 Exhibit 7, #13 Exhibit 8, #14 Exhibit 9, #15 Exhibit 10_Redacted, #16 Exhibit 11, #17 Exhibit 12, #18 Exhibit 13, #19 Exhibit 14, #20 Exhibit 15, #21 Exhibit 16, #22 Exhibit 17, #23 Exhibit 18, #24 Exhibit 19, #25 Exhibit 20, #26 Exhibit 21, #27 Exhibit 22, #28 Exhibit 23, #29 Exhibit 24, #30 Exhibit 25, #31 Exhibit 26, #32 Exhibit 27, #33 Exhibit 28, #34 Exhibit 29, #35 Exhibit 30, #36 Exhibit 31, #37 Exhibit 32, #38 Exhibit 33, #39 Exhibit 34, #40 Exhibit 35, #41 Attachment B - Dubinsky_CV_March 2020).(Cremona, Nicholas)
April 24, 2020 Filing 13 RULE 56.1 STATEMENT. Document filed by Irving H. Picard..(Cremona, Nicholas)
April 24, 2020 Filing 12 MEMORANDUM OF LAW in Support re: #11 MOTION for Summary Judgment . . Document filed by Irving H. Picard..(Cremona, Nicholas)
April 24, 2020 Filing 11 MOTION for Summary Judgment . Document filed by Irving H. Picard..(Cremona, Nicholas)
April 20, 2020 Opinion or Order Filing 10 ORDER granting #7 Letter Motion for Leave to File Excess Pages. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/20/2020) (rj)
April 20, 2020 Opinion or Order Filing 9 ORDER granting #8 Letter Motion for Leave to File Excess Pages. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/20/2020) (rj)
April 15, 2020 Filing 8 LETTER MOTION for Leave to File Excess Pages addressed to Judge Alison J. Nathan from Helen Davis Chaitman dated April 15, 2020. Document filed by Elaine Dine, Elaine Dine Living Trust Dated 5/12/06..(Chaitman, Helen)
April 15, 2020 Filing 7 LETTER MOTION for Leave to File Excess Pages re: Memorandum of Law in Support of Plaintiff's Motion for Summary Judgment addressed to Judge Alison J. Nathan from Nicholas J. Cremona dated April 15, 2020. Document filed by Irving H. Picard..(Cremona, Nicholas)
March 10, 2020 Opinion or Order Filing 6 MEMO ENDORSEMENT on re: #5 Letter, filed by Irving H. Picard. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 3/6/2020) ( Motions due by 4/24/2020.) (ks)
March 5, 2020 Filing 5 LETTER addressed to Judge Alison J. Nathan from Nicholas J. Cremona dated March 5, 2020 re: Consenting to the Withdrawal of the Reference and Requesting a Briefing Schedule for Summary Judgment. Document filed by Irving H. Picard..(Cremona, Nicholas)
March 4, 2020 Filing 4 NOTICE OF APPEARANCE by Nicholas J. Cremona on behalf of Irving H. Picard..(Cremona, Nicholas)
March 3, 2020 Opinion or Order Filing 3 ORDER with respect to #1 Motion to Withdraw Bankruptcy Reference. On March 2, 2020, the Court received Defendants' motion to withdraw the bankruptcy reference and an accompanying memorandum of law. Plaintiff shall file its opposition brief no later than March 17, 2020. If the debtors wish to file a brief, they must do so no later than March 17, 2020. Defendants' reply brief, if any, must be filed by March 31, 2020. IT IS FURTHER ORDERED that at the time any reply is served, the Plaintiff shall supply two courtesy copies of all papers to Chambers. SO ORDERED. (Signed by Judge Alison J. Nathan on 3/2/2020) (kv)
March 3, 2020 Set/Reset Deadlines: Responses due by 3/17/2020 Replies due by 3/31/2020. (kv)
March 2, 2020 NOTICE OF CASE REASSIGNMENT to Judge Alison J. Nathan. Judge Lewis J. Liman is no longer assigned to the case..(wb)
March 2, 2020 NOTICE OF CASE REASSIGNMENT to Judge Lewis J. Liman. Judge Katherine Polk Failla is no longer assigned to the case..(wb)
February 27, 2020 Filing 2 CIVIL COVER SHEET filed..(bkar)
February 27, 2020 Filing 1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-4491A, 08-1789A (SMB).Document filed by Elaine Dine Living Trust Dated 5/12/06, Elaine Dine. (Attachments: #1 Defendants Memorandum of Law In Support, #2 Declaration of Helen Davis Chaitman, #3 Exhibit A, #4 Exhibit B, #5 Proposed Order).(bkar)
February 27, 2020 Case Designated ECF. (bkar)
February 27, 2020 Magistrate Judge Robert W. Lehrburger 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (bkar)

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Search for this case: Bernard L. Madoff Investment Securities LLC et al v. Elaine Dine Living Trust Dated 5/12/06 et al
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Defendant: Elaine Dine Living Trust Dated
Represented By: Helen Davis Chaitman
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Defendant: Elaine Dine
Represented By: Helen Davis Chaitman
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In re: Bernard L. Madoff Investment Securities LLC
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Plaintiff: Irving H. Picard
Represented By: Nicholas J. Cremona
Represented By: David J. Sheehan
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