Bernard L. Madoff Investment Securities LLC v. Lisa Beth Nissenbaum Trust et al
Plaintiff: Irving H. Picard
Defendant: Lisa B. Nissenbaum, Lisa Beth Nissenbaum Trust and Neal Kurn
In Re: Bernard L. Madoff Investment Securities LLC
Case Number: 1:2020cv03140
Filed: April 20, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: John G Koeltl
Nature of Suit: Bankruptcy Withdrawal
Cause of Action: 28:157
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 30, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 30, 2020 Filing 30 LETTER MOTION for Leave to File Excess Pages and in response to Trustee's Request to File an Enlarged Memorandum of Law addressed to Judge John G. Koeltl from Helen Davis Chaitman dated July 30, 2020. Document filed by Neal Kurn, Lisa Beth Nissenbaum Trust, Lisa B. Nissenbaum..(Chaitman, Helen)
July 30, 2020 Filing 29 LETTER MOTION for Leave to File Excess Pages re: Memorandum of Law in Opposition to Defendant's Cross-Motion and Reply in Support of the Motion for Summary Judgment addressed to Judge John G. Koeltl from Nicholas J. Cremona dated July 30, 2020. Document filed by Irving H. Picard..(Cremona, Nicholas)
July 28, 2020 Filing 28 CROSS MEMORANDUM OF LAW in Opposition re: #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., #15 MOTION for Summary Judgment . re-file. Document filed by Neal Kurn, Lisa Beth Nissenbaum Trust, Lisa B. Nissenbaum..(Chaitman, Helen)
July 28, 2020 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Helen Davis Chaitman to RE-FILE Document #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.. Use the event type Memorandum of Law in Opposition found under the event list Replies, Opposition and Supporting Documents. (lb)
July 20, 2020 Filing 27 DECLARATION of Helen Davis Chaitman in Opposition re: #15 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 Neal Kurn, Lisa Beth Nissenbaum Trust, Lisa B. Nissenbaum. (Attachments: #1 Exhibit A 5.8.5019 Trial Transcript in Nelson, #2 Exhibit B 2.1979 BLM confirmation, #3 Exhibit C JPMC 12.2008 703 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 Savin May 10, 2004 Deposit Checks, #18 Exhibit R Compilation of Customer Statements, #19 Exhibit S 11.2007 703 Account Statement, #20 Exhibit T Check dated 9.24.2008, #21 Exhibit U 509 Account Statement from 1998, #22 Exhibit V Nelson Trial Transcript 5.9.2019, #23 Exhibit W 1991 BLMIS Letterhead, #24 Exhibit X Customer Statement 2.28.2005, #25 Exhibit Y Letter from J. Nissenbaum to DiPascali dated 1.10.2005, #26 Exhibit Z Letter from N. Kurn to DiPascali dated 2.25.2005, #27 Exhibit AA Letter from P. Doherty dated 1.31.2005, #28 Exhibit AB Trust Agreement, #29 Exhibit AC M. Nissenbaums Account Opening Documents, #30 Exhibit AD Letter dated 2.1.1993 from N. Nissenbaum to A. Bongiorno, #31 Exhibit AE Letter from M Nissenbaum to DiPascali dated 8.27.1996, #32 Exhibit AF Letter from M Nissenbaum to Bernard L. Madoff dated 11.1.1999, #33 Exhibit AG Madoff 4.26.2017 Transcript, #34 Exhibit AH Madoff 12.20.2016 Transcript, #35 Exhibit AI Brokerage Statements re Bear Sterns to 703 example, #36 Exhibit AJ Crupi 5.23.2019 Transcript, #37 Exhibit AK DiPascali Transcript 12.10.2013, #38 Exhibit AL Governments Exhibit 105-c171 to DiPascali TR, #39 Exhibit AM NISSENBAUM T-Bill Matching Analysis Chart and Supporting Documents by Tab, #40 Exhibit AN 2004 Misc. Cust Statements re T-Bill Matching Analysis, #41 Exhibit AO Customer Statement dated 11.30.2006, #42 Exhibit AP 5.20.2020 Savin Transcript, #43 Exhibit AQ 8.25.2006 Form ADV Uniform Application for IA Reg, #44 Exhibit AR 6.15.2016 Madoff Transcript, #45 Exhibit AS 3.12.2009 Plea Allocution- Madoff, #46 Exhibit AT 12.19.2011 Plea Allocution- Pitz, #47 Exhibit AU Response to Trustees First Set of Requests for Admission to trust and Kurn).(Chaitman, Helen)
July 20, 2020 Filing 26 RESPONSE re: #17 Rule 56.1 Statement . Document filed by Neal Kurn, Lisa Beth Nissenbaum Trust, Lisa B. Nissenbaum..(Chaitman, Helen)
July 20, 2020 Filing 25 COUNTER STATEMENT TO #17 Rule 56.1 Statement. Document filed by Neal Kurn, Lisa Beth Nissenbaum Trust, Lisa B. Nissenbaum..(Chaitman, Helen)
July 20, 2020 Filing 24 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - 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 Neal Kurn, Lisa Beth Nissenbaum Trust, Lisa B. Nissenbaum..(Chaitman, Helen) Modified on 7/28/2020 (lb).
July 20, 2020 Filing 23 NOTICE of Defendants' Cross-Motion for Summary Judgment Dismissing the Complaint for Lack of Subject Matter Jurisdiction re: #15 MOTION for Summary Judgment .. Document filed by Neal Kurn, Lisa Beth Nissenbaum Trust, Lisa B. Nissenbaum..(Chaitman, Helen)
June 22, 2020 Filing 22 DECLARATION of Matthew B. Greenblatt in Support re: #15 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- Final Expert Report of Matthew B Greenblatt - Nissenbaum Defendants, #11 Exhibit 1- Final Expert Report of Matthew B Greenblatt - Nissenbaum Defendants, #12 Exhibit 2- Final Expert Report of Matthew B Greenblatt - Nissenbaum Defendants, #13 Exhibit 3- Final Expert Report of Matthew B Greenblatt - Nissenbaum Defendants, #14 Exhibit 4A- Final Expert Report of Matthew B Greenblatt - Nissenbaum Defendants, #15 Exhibit 4B- Final Expert Report of Matthew B Greenblatt - Nissenbaum Defendants, #16 Exhibit 4C- Final Expert Report of Matthew B Greenblatt - Nissenbaum Defendants, #17 Exhibit 4D- Final Expert Report of Matthew B Greenblatt - Nissenbaum Defendants, #18 Attachment C- Greenblatt_CV_6.1.2020.).(Cremona, Nicholas)
June 22, 2020 Filing 21 DECLARATION of Lisa M. Collura in Support re: #15 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 - Nissenbaum - 12.4.2012, #22 Exhibit 1 to Expert Report of Lisa M. Collura - Nissenbaum - 12.4.2012, #23 Exhibit 2 to Expert Report of Lisa M. Collura - Nissenbaum - 12.4.2012, #24 Exhibit 3 to Expert Report of Lisa M. Collura - Nissenbaum - 12.4.2012, #25 Exhibit 4 to Expert Report of Lisa M. Collura - Nissenbaum - 12.4.2012, #26 Exhibit 5 to Expert Report of Lisa M. Collura - Nissenbaum - 12.4.2012, #27 Exhibit 6 to Expert Report of Lisa M. Collura - Nissenbaum - 12.4.2012, #28 Exhibit 7 to Expert Report of Lisa M. Collura - Nissenbaum - 12.4.2012, #29 Exhibit 8 to Expert Report of Lisa M. Collura - Nissenbaum - 12.4.2012, #30 Exhibit 9 to Expert Report of Lisa M. Collura - Nissenbaum - 12.4.2012, #31 Exhibit 10 to Expert Report of Lisa M. Collura - Nissenbaum - 12.4.2012, #32 Attachment C- Lisa Collura CV June 2020).(Cremona, Nicholas)
June 22, 2020 Filing 20 DECLARATION of Bruce G. Dubinsky in Support re: #15 MOTION for Summary Judgment .. Document filed by Irving H. Picard. (Attachments: #1 Attachment A- Dubinsky BLMIS Expert Report 1.16.19, #2 Appendix A Updated June 2019, #3 Appendix A, #4 Appendix B Dated 1.16.19, #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 (Redacted), #37 Exhibit 32, #38 Exhibit 33, #39 Exhibit 34, #40 Exhibit 35).(Cremona, Nicholas)
June 22, 2020 Set/Reset Deadlines: Motions due by 6/22/2020. Responses due by 8/13/2020 Replies due by 8/20/2020. (ks)
June 22, 2020 Opinion or Order Filing 19 ORDER granting #14 Letter Motion for Conference. Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 6/22/2020) (ks)
June 22, 2020 Filing 18 DECLARATION of Nicholas J. Cremona in Support re: #15 MOTION for Summary Judgment .. Document filed by Irving H. Picard. (Attachments: #1 Exhibit 1- Form BD, #2 Exhibit 2- Amended Form BD, #3 Exhibit 3- DiPascali Testimony, #4 Exhibit 4- 703 and 509 Statement Exemplar Exhibit, #5 Exhibit 5- Madoff Plea Allocution, #6 Exhibit 6- DiPascali Plea Allocution, #7 Exhibit 7- Kugel Plea Allocution, #8 Exhibit 8- Irwin Lipkin Plea Allocution, #9 Exhibit 9- Eric Lipkin Plea Allocution, #10 Exhibit 10- Enrica Cotellessa-Pitz Plea Allocution, #11 Exhibit 11- Defendant Responses to Requests for Admission, #12 Exhibit 12- Defendant Responses to Interrogatories, #13 Exhibit 13- 10.28.2015 Transcript).(Cremona, Nicholas)
June 22, 2020 Filing 17 RULE 56.1 STATEMENT. Document filed by Irving H. Picard..(Cremona, Nicholas)
June 22, 2020 Filing 16 MEMORANDUM OF LAW in Support re: #15 MOTION for Summary Judgment . . Document filed by Irving H. Picard..(Cremona, Nicholas)
June 22, 2020 Filing 15 MOTION for Summary Judgment . Document filed by Irving H. Picard..(Cremona, Nicholas)
June 19, 2020 Filing 14 LETTER MOTION for Conference re Proposed Cross-Motion and Proposed Amended Briefing Schedule addressed to Judge John G. Koeltl from Helen Davis Chaitman dated June 19, 2020. Document filed by Neal Kurn, Lisa Beth Nissenbaum Trust, Lisa B. Nissenbaum..(Chaitman, Helen)
June 19, 2020 Filing 13 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #14) - LETTER MOTION for Extension of Time re Agreed Upon Proposed Briefing Schedule addressed to Judge John G. Koeltl from Helen Davis Chaitman dated June 19, 2020. Document filed by Neal Kurn, Lisa Beth Nissenbaum Trust, Lisa B. Nissenbaum..(Chaitman, Helen) Modified on 6/19/2020 (ldi).
June 12, 2020 Opinion or Order Filing 12 ORDER granting #9 LETTER MOTION for Leave to File Excess Pages of the Brief in Support of Motion for Summary Judgment. Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 6/12/2020) (jca)
June 12, 2020 Opinion or Order Filing 11 MEMO ENDORSEMENT on re: #10 Letter filed by Neal Kurn, Lisa Beth Nissenbaum Trust, Lisa B. Nissenbaum. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 6/12/2020) (ks)
June 12, 2020 Filing 10 LETTER addressed to Judge John G. Koeltl from Helen Davis Chaitman dated June 12, 2020 re: Response to Trustee's letter dated June 12, 2020. Document filed by Neal Kurn, Lisa Beth Nissenbaum Trust, Lisa B. Nissenbaum..(Chaitman, Helen)
June 12, 2020 Filing 9 LETTER MOTION for Leave to File Excess Pages of the Brief in Support of Motion for Summary Judgment addressed to Judge John G. Koeltl from Nicholas J. Cremona dated June 12, 2020. Document filed by Irving H. Picard..(Cremona, Nicholas)
May 5, 2020 Opinion or Order Filing 8 ORDER granting #7 Letter Motion for Extension of Time to File Response/Reply re #7 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge John G. Koeltl from Helen Davis Chaitman dated May 4, 2020. Application Granted. SO ORDERED. Responses due by 7/20/2020 Replies due by 8/6/2020. (Signed by Judge John G. Koeltl on 5/05/2020) (ama)
May 4, 2020 Filing 7 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge John G. Koeltl from Helen Davis Chaitman dated May 4, 2020. Document filed by Neal Kurn, Lisa Beth Nissenbaum Trust, Lisa B. Nissenbaum..(Chaitman, Helen)
April 30, 2020 Opinion or Order Filing 6 ORDER: The reference to the bankruptcy court for this proceeding is withdrawn on consent. The trustee may make a motion for summary judgment without a pre-motion conference. The motion is due May 22, 2020. The response is due June 12, 2020 and the reply is due June 22, 2020. SO ORDERED. (Signed by Judge John G. Koeltl on 4/30/2020) ( Motions due by 5/22/2020., Responses due by 6/12/2020, Replies due by 6/22/2020.) (ks)
April 30, 2020 Filing 5 LETTER addressed to Judge John G. Koeltl from Helen Davis Chaitman dated April 30, 2020 re: Response to Trustee's Consent to the Withdrawal of the Reference and Motion for Summary Judgment. Document filed by Neal Kurn, Lisa Beth Nissenbaum Trust, Lisa B. Nissenbaum..(Chaitman, Helen)
April 29, 2020 Filing 4 LETTER addressed to Judge John G. Koeltl from Nicholas J. Cremona dated April 29, 2020 re: Trustee's Consent to the Withdrawal of the Reference and Motion for Summary Judgment. Document filed by Irving H. Picard..(Cremona, Nicholas)
April 24, 2020 Opinion or Order Filing 3 ORDER: The response to the motion to withdraw the reference should be filed by May 8, 2020. Any reply may be filed by May 18, 2020. SO ORDERED. (Signed by Judge John G. Koeltl on 4/24/2020) ( Responses due by 5/8/2020, Replies due by 5/18/2020.) (ks)
April 20, 2020 Case Designated ECF. (bkar)
April 20, 2020 Magistrate Judge Gabriel W. Gorenstein 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)
April 20, 2020 Filing 2 CIVIL COVER SHEET filed..(bkar)
April 20, 2020 Filing 1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-4878A, 08-1789A (SMB).Document filed by Lisa B. Nissenbaum, Lisa Beth Nissenbaum Trust, Neal Kurn. (Attachments: #1 Defendants' Memorandum of Law in Support, #2 Declaration of Helen Davis Chaitman, #3 Exhibit A, #4 Exhibit B, #5 Proposed Order).(bkar)

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Search for this case: Bernard L. Madoff Investment Securities LLC v. Lisa Beth Nissenbaum Trust et al
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Defendant: Lisa B. Nissenbaum
Represented By: Helen Davis Chaitman
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Defendant: Lisa Beth Nissenbaum Trust
Represented By: Helen Davis Chaitman
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Defendant: Neal Kurn
Represented By: Helen Davis Chaitman
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Plaintiff: Irving H. Picard
Represented By: Nicholas J. Cremona
Represented By: David J. Sheehan
Represented By: Seanna R. Brown
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In re: Bernard L. Madoff Investment Securities LLC
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