Irving H. Picard v.Marlene Krauss
| Irving H. Picard |
| Marlene Krauss |
| Bernard L. Madoff Investment Securities LLC |
| 1:2020cv04086 |
| May 28, 2020 |
| US District Court for the Southern District of New York |
| Lewis J Liman |
| Lorna G Schofield |
| Bankruptcy Withdrawal |
| 28 U.S.C. § 157 |
| None |
Docket Report
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Filing 30
ORDER: The Court has been informed that the parties have reached a settlement in principle in this case. Accordingly, it is hereby ORDERED that this action is dismissed without costs and without prejudice to restoring the action to the Court's calendar, provided the application to restore the action is made within thirty (30) days of this Order. Any application to reopen filed after thirty (30) days from the date of this Order may be denied solely on that basis. Any pending motions are DENIED as moot, and all conferences and deadlines are CANCELED. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 12/7/2020) (cf) Modified on 12/8/2020 (cf).
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| Filing 29 LETTER addressed to Judge Lorna G. Schofield from Helen Davis Chaitman dated December 4, 2020 re: informing of settlement. Document filed by Marlene Krauss..(Chaitman, Helen) |
| Filing 28 RESPONSE in Support of Motion re: #21 CROSS MOTION for Summary Judgment ., #12 MOTION for Summary Judgment . . Document filed by Marlene Krauss..(Chaitman, Helen) |
| Filing 27 RESPONSE re: #23 Counter Statement to Rule 56.1 . Document filed by Irving H. Picard..(Cremona, Nicholas) |
| Filing 26 REPLY MEMORANDUM OF LAW in Support re: #12 MOTION for Summary Judgment . . Document filed by Irving H. Picard..(Cremona, Nicholas) |
| Filing 25 DECLARATION of Helen Davis Chaitman in Support re: #21 CROSS MOTION for Summary Judgment .. Document filed by Marlene Krauss. (Attachments: #1 Exhibit A 5.8.2019 Trial Transcript in Nelson, #2 Exhibit B 2.1979 BLM confirmation, #3 Exhibit C 12.2008 JPMC 703 Acct. Statement, #4 Exhibit D 1.1.2001 Compilation BLMIS ltrs to Banks, #5 Exhibit E 6.12.2018 Email, #6 Exhibit F 4.26.2017 Madoff Transcript, #7 Exhibit G SIPC letters to Scott Garrett, #8 Exhibit H JPMC 12.2001 Bank Statement, #9 Exhibit I 509 Account Statements, #10 Exhibit J 703 Account Compilation, #11 Exhibit K 8-2002 703 Account Statement, #12 Exhibit L 9-2002 703 Account Statement, #13 Exhibit M 7.16.2008 Check-Zieses, #14 Exhibit N Krauss Compilation of 703 deposits Acct Stmts, #15 Exhibit O 12.1998 509 Account Statement, #16 Exhibit P 5.9.2019 Nelson Trial Transcript, #17 Exhibit Q Krauss Compilation Checks, #18 Exhibit R 1991 BLMIS Letterhead, #19 Exhibit S 9.2003 Customer Statement and file, #20 Exhibit T 03 and 08.2008 Customer Statements, #21 Exhibit U Krauss 703 withdrawal compilation, #22 Exhibit V 12.20.2016 Madoff Transcript, #23 Exhibit W Brokerage Statements re Bear Sterns to 703 example, #24 Exhibit X 5.23.2019 Crupi Transcript, #25 Exhibit Y Governments Exhibit 105-c171 to DiPascali TR, #26 Exhibit Z Krauss T-Bill Matching Analysis Chart and Supporting Documents by Tab, #27 Exhibit AA 02 and 03.2005 Misc. Cust Statements re T-Bill Matching Analysis, #28 Exhibit AB 11.2006 Cust. Statement, #29 Exhibit AC 01.12.2017 D. Lipman Declaration, #30 Exhibit AD 6.15.2016 Madoff Transcript, #31 Exhibit AE 3.12.2009 Plea Allocution- Madoff, #32 Exhibit AF 12.19.2011 Plea Allocution- Pitz.).(Chaitman, Helen) |
| Filing 24 RESPONSE re: #20 Rule 56.1 Statement ., RULE 56.1 STATEMENT. Document filed by Marlene Krauss..(Chaitman, Helen) |
| Filing 23 COUNTER STATEMENT TO #20 Rule 56.1 Statement. Document filed by Marlene Krauss..(Chaitman, Helen) |
| Filing 22 MEMORANDUM OF LAW in Support re: #21 CROSS MOTION for Summary Judgment . re 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 Marlene Krauss..(Chaitman, Helen) |
| Filing 21 CROSS MOTION for Summary Judgment . Document filed by Marlene Krauss..(Chaitman, Helen) |
| Filing 20 RULE 56.1 STATEMENT. Document filed by Irving H. Picard..(Cremona, Nicholas) |
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Filing 19
ORDER: It is hereby ORDERED that by August 24, 2020, Plaintiff shall re-file a Rule 56.1 statement consisting of no more than 25 double-spaced pages and if necessary, a corrected memorandum of law. The Clerk of Court is respectfully directed to strike Dkt. No. 14. (Signed by Judge Lorna G. Schofield on 8/19/2020) (ks)
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| Filing 18 DECLARATION of Lisa M. Collura in Support re: #12 MOTION for Summary Judgment .. Document filed by Irving H. Picard. (Attachments: #1 Attachment A - Excerpts of Expert Report of Lisa M. Collura - 1.16.2019, #2 Attachment B - Excerpts of Expert Report of Lisa M. Collura - Marlene Krauss - 6.1.2017, #3 Attachment C - Lisa Collura CV).(Cremona, Nicholas) |
| Filing 17 DECLARATION of Bruce G. Dubinsky in Support re: #12 MOTION for Summary Judgment .. Document filed by Irving H. Picard. (Attachments: #1 Attachment A - Dubinsky BLMIS Expert Report 1.16.19_Excerpts, #2 Attachment B - Dubinsky_CV).(Cremona, Nicholas) |
| Filing 16 DECLARATION of Matthew B. Greenblatt in Support re: #12 MOTION for Summary Judgment .. Document filed by Irving H. Picard. (Attachments: #1 Attachment A - Excerpts of Principal Balance Calculation Report of Matthew B Greenblatt, #2 Attachment B - Excerpts of Expert Report of Matthew B Greenblatt - Krauss matter (10-04489), #3 Attachment C - Greenblatt_CV).(Cremona, Nicholas) |
| Filing 15 DECLARATION of Nicholas J. Cremona in Support re: #12 MOTION for Summary Judgment .. Document filed by Irving H. Picard. (Attachments: #1 Ex. 1 - Amended Form BD (ECF), #2 Ex. 2 - DiPascali Testimony (ECF), #3 Ex. 3 - 703 and 509 Statement Exemplar Exhibit, #4 Ex. 4 - Excerpt of Madoff Plea Allocution, #5 Ex. 5 - Excerpt of DiPascali Plea Allocution, #6 Ex. 6 - Excerpt of Kugel Plea Allocution, #7 Ex. 7 - Excerpt of Irwin Lipkin Plea Allocution (ECF), #8 Ex. 8 - Excerpt of Eric Lipkin Plea Allocution, #9 Ex. 9 - Excerpt of Enrica Cotellessa-Pitz Plea Allocution (ECF), #10 Ex. 10 - Responses and Objections of Defendant Marlene Krauss to Trustees Interrogatories, #11 Ex. 11 - Excerpt of Deposition Transcript - Marlene Krauss 8-21-17, #12 Ex. 12 - Excerpt of 10.28.2015 Transcript).(Cremona, Nicholas) |
| Filing 14 ***STRICKEN DOCUMENT. Deleted document number #14 from the case record. The document was stricken from this case pursuant to #19 Order, . (ks) RULE 56.1 STATEMENT. Document filed by Irving H. Picard..(Cremona, Nicholas) Modified on 8/19/2020 (ks). |
| Filing 13 MEMORANDUM OF LAW in Support re: #12 MOTION for Summary Judgment . . Document filed by Irving H. Picard..(Cremona, Nicholas) |
| Filing 12 MOTION for Summary Judgment . Document filed by Irving H. Picard..(Cremona, Nicholas) |
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Filing 11
ORDER granting in part and denying in part #9 Letter Motion for Leave to File Excess Pages; granting in part and denying in part #10 Letter Motion for Leave to File Excess Pages. Application GRANTED IN PART. Defendant's application at Dkt. No. 10 is GRANTED to the extent that this order applies equally to both parties. With respect to the application for an enlargement of the page limitation, the parties' page limit is hereby increased from forty-five pages to fifty-five pages. With respect to the application for an enlargement of the exhibit limitation, in support of or in opposition to the motions, the parties shall file exhibits totaling no more than 225 pages, but without limitation as to the number of exhibits filed. The exhibits shall be excerpted to include only relevant material, but the parties may provide the Court with excerpted documents in their entirety on a CD. With regard to expert reports, the parties may excerpt the summary of an expert opinion for inclusion in the exhibits, and submit the entirety of the report on a CD. The parties shall otherwise comply with Individual Rule III.B.3.>> The Clerk of Court is respectfully requested to close the motions at Dkt. Nos. 9 and 10.. (Signed by Judge Lorna G. Schofield on 8/12/2020) (cf)
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| Filing 10 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 Lorna G. Schofield from Helen Davis Chaitman dated August 11, 2020. Document filed by Marlene Krauss..(Chaitman, Helen) |
| Filing 9 LETTER MOTION for Leave to File Excess Pages addressed to Judge Lorna G. Schofield from Nicholas J. Cremona dated August 11, 2020. Document filed by Irving H. Picard..(Cremona, Nicholas) |
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Filing 8
AMENDED ORDER terminating #7 Motion for Conference. It is hereby ORDERED that the parties shall brief Plaintiff's proposed motion for summary judgment and Defendants proposed cross-motion to dismiss in accordance with the following amended schedule: By August 18, 2020, Plaintiff shall file the motion for summary judgment, not to exceed twenty-five (25) pages; By September 8, 2020, Defendant shall file the opposition to Plaintiffs motionfor summary judgment and the cross-motion to dismiss, not to exceed thirty-five (35) pages; By September 29, 2020, Plaintiff shall file the opposition to Defendant's motion to dismiss and the reply in support of the motion for summary judgment, not to exceed twenty (20) pages; and By October 6, 2020, Defendant shall file the reply in support of the motion to dismiss, not to exceed ten (10) pages. It is further ORDERED that, notwithstanding the aforementioned page allocation, the parties may reallocate the page numbers as they deem appropriate, so long as no party exceeds forty-five (45) pages of briefing in total. The parties shall comply with this Court's Individual Rules, including those with respect to exhibit limits and courtesy copies, in filing their motion papers. The Clerk of Court is respectfully requested to close the motion at Dkt. No. 7.. (Signed by Judge Lorna G. Schofield on 6/23/2020) (ks)
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| Set/Reset Deadlines: Cross Motions due by 9/8/2020. Motions due by 8/18/2020. Responses due by 9/29/2020 Replies due by 10/6/2020. (ks) |
| Filing 7 LETTER MOTION for Conference re Preliminary Conference re Extended Schedule addressed to Judge Lorna G. Schofield from Helen Davis Chaitman dated June 22, 2020. Document filed by Marlene Krauss..(Chaitman, Helen) |
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Filing 6
ORDER granting #1 Motion to Withdraw Bankruptcy Reference; terminating #4 Letter Motion for Conference. It is hereby ORDERED that the motion to withdraw the bankruptcy reference at Dkt. No. 1 is GRANTED for substantially the reasons identified in the motion. The above-captioned adversary proceeding is withdrawn from the Bankruptcy Court in its entirety and shall be immediately transferred to this Court pursuant to 28 U.S.C. 157(d) and Rule 5011(a) of the Federal Rules of Bankruptcy Procedure. It is further ORDERED that the order at Dkt. No. 3 is VACATED. It is further ORDERED that the parties shall brief Plaintiff's proposed motion for summary judgment in accordance with the following schedule: By July 3, 2020, Plaintiff shall file the motion for summary judgment; By July 31, 2020, Defendant shall file her opposition; and By August 7, 2020, Plaintiff shall file the reply. The parties shall comply with this Courts Individual Rules, including those with respect to page and exhibit limits, in filing their motion papers. The Clerk of Court is respectfully requested to close the motions at Dkt. Nos. 1 and 4. (Signed by Judge Lorna G. Schofield on 6/5/2020) (jca)
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| Set/Reset Deadlines: Motions due by 7/3/2020. Responses due by 7/31/2020, Replies due by 8/7/2020. (jca) |
| Filing 5 LETTER addressed to Judge Lorna G. Schofield from Helen Davis Chaitman dated June 4, 2020 re: Trustee's Letter dated June 4, 2020. Document filed by Marlene Krauss..(Chaitman, Helen) |
| Filing 4 LETTER MOTION for Conference (Request for Pre-Motion Conference for Permission to File a Motion for Summary Judgment) addressed to Judge Lorna G. Schofield from Nicholas J. Cremona dated June 4, 2020. Document filed by Irving H. Picard..(Cremona, Nicholas) |
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Filing 3
Vacated as per Judge's Order dated 6/5/2020, Doc. #6 ORDER: It is hereby ORDERED that Plaintiff shall file a response to Defendant's Motion to Withdraw the Bankruptcy Reference (Dkt. No. 1) by June 23, 2020. (Responses due by 6/23/2020). (Signed by Judge Lorna G. Schofield on 6/2/2020) (rjm) Modified on 6/5/2020 (jca).
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| NOTICE OF CASE REASSIGNMENT to Judge Lorna G. Schofield. Judge Lewis J. Liman is no longer assigned to the case. (ad) |
| Filing 2 CIVIL COVER SHEET filed..(bkar) |
| Filing 1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-4489A, 08-1789 (SMB).Document filed by Marlene Krauss. (Attachments: #1 Defendants' Memorandum of Law in Support, #2 Declaration of Helen Davis Chaitman, #3 Exhibit A, #4 Exhibit B, #5 Proposed Order)(bkar) |
| Case Designated ECF. (bkar) |
| Magistrate Judge James L. Cott 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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