In re Citibank August 11, 2020 Wire Transfers
Plaintiff: Citibank, N.A.
Defendant: Brigade Capital Management, LP, ZAIS Group LLC, Symphony Asset Management LLC, Bardin Hill Loan Management LLC, Highland Capital Management Fund Advisors LP, Greywolf Loan Management LP, Allstate Investment Management Company, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, Investcorp Credit Management US LLC, New Generation Advisors LLC and Tall Tree Investment Management LLC
Case Number: 1:2020cv06539
Filed: August 17, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Jesse M Furman
Nature of Suit: Contract: Recovery/Enforcement
Cause of Action: 28:1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 20, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 15, 2020 Filing 114 LETTER addressed to Judge Jesse M. Furman from Matthew D. Ingber dated October 15, 2020 re: Letter To Court Re Production of Regulator Documents. Document filed by Citibank, N.A...(Ingber, Matthew)
October 15, 2020 Opinion or Order Filing 113 STIPULATION AND ORDER CONCERNING EXPERT DISCOVERY, IT IS HEREBY STIPULATED AND AGREED, by the Parties hereto, through their undersigned counsel, subject to the approval of the Court, that this Stipulation and Order Concerning Expert Discovery (the "Expert Discovery Stipulation") will govern the protocol for conducting expert discovery in this Litigation: With respect to all witnesses any party expects to call as an expert witness at the trial (a "Testifying Expert"), the party shall, at the times agreed upon in the applicable order concerning the schedule for expert discovery, exchange final expert reports and rebuttal reports, and shall produce the Experts for deposition at mutually convenient dates, times and locations, within the time period permitted by the Court's order. No subpoena for deposition or documents need be served on any Testifying Expert. At a minimum, each expert report should include as further set forth in this Stipulation. With respect to documents, data and other written materials relied upon by any Testifying Expert in forming the opinions set forth in the expert report, to the extent that such documents, data and other materials have been produced in the Litigation, they shall be identified by (i) Bates number identifying the relevant document or other information, (ii) the deponent names and the dates for the transcripts of depositions, (iii) the exhibit numbers for any exhibit from any deposition, or (iv) citations for publicly available articles, cases, statutes, journals, treatises, regulatory filings, or other sources, at the time when expert reports are exchanged. To the extent the expert relies on materials not produced in the Litigation, they shall be produced at the time when expert reports are exchanged. Notwithstanding anything in Paragraph 3, discovery shall not be permitted into the following as further set forth in this Stipulation. Nothing herein, however, shall be construed to prevent deposition questions relating to the substance of the Testifying Expert's opinions, including into whether the Testifying Expert considered alternative theories, methodologies, variables, or assumptions, or whether the Testifying Expert considered or reviewed particular documents, information or methods, and the reasons why the expert either did or did not rely on such documents, information, or methods of analysis in formulating his or her opinion. Nothing herein shall be construed to preclude deposition questions concerning the Testifying Expert's terms of engagement, compensation, the time spent and work involved in the preparation of the Testifying Expert's report or testimony, or any facts or assumptions provided by a party and relied upon by the Testifying Expert. Nothing in this Expert Discovery Stipulation constitutes an admission or concession that any of the information exempted from discovery by this Expert Discovery Stipulation would otherwise be discoverable or admissible. Further, nothing in this Expert Discovery Stipulation requires discovery of any information that would otherwise be protected from discovery by the attorney client privilege, work product doctrine, or any other applicable privileges or protections, including but not limited to privileged material between outside counsel and Fed. R. Civ. P. Rule 26(a)(2)(C) expert witnesses. Any fees charged by an expert for responding to discovery, including time spent at depositions, shall be paid by the party who has retained the expert. Nothing herein shall limit or waive any party's right to object for any reason to: (i) the admission, in whole or in part, of any opposing party's expert opinion into evidence, or (ii) the qualifications of any person to serve as an expert witness. SO ORDERED. Motions terminated: #109 LETTER MOTION to Compel Citibank to provide testimony and documents regarding communications between Citibank and those investment managers and/or lenders who returned funds disbursed in the August 11 Transfers addressed to Judge Jesse M. filed by Greywolf Loan Management LP, Highland Capital Management Fund Advisors LP, Allstate Investment Management Company, Medalist Partners Corporate Finance LLC, Tall Tree Investment Management LLC, New Generation Advisors LLC, Brigade Capital Management, LP, Investcorp Credit Management US LLC, ZAIS Group LLC, Symphony Asset Management LLC, HPS Investment Partners, LLC, Bardin Hill Loan Management LLC. (Signed by Judge Jesse M. Furman on 10/15/20) (yv)
October 14, 2020 Filing 112 PROPOSED STIPULATION AND ORDER. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Highland Capital Management Fund Advisors LP, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert)
October 14, 2020 Opinion or Order Filing 111 CITIBANK'S NOTICE OF DISMISSAL OF COMPLAINT AGAINST DEFENDANT INVESTCORP CREDIT MANAGEMENT US LLC. PLEASE TAKE NOTICE that Plaintiff Citibank, National Association ("Citibank"), pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, hereby dismisses with prejudice all causes of action in the complaint against defendant Investcorp Credit Management US LLC ("Investcorp"). This notice does not apply to any other party. Investcorp has filed neither an answer to the complaint nor a motion for summary judgment as to these claims. Dismissal under Rule 41(a)(1) is therefore appropriate. So Ordered., (Investcorp Credit Management US LLC terminated.) (Signed by Judge Jesse M. Furman on 10/14/20) (yv)
October 14, 2020 ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #110 Notice of Voluntary Dismissal was reviewed and referred to Judge Jesse M. Furman for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km)
October 14, 2020 Filing 110 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, with prejudice against the defendant(s) Investcorp Credit Management US LLC. Document filed by Citibank, N.A.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Marmon, Nathaniel)
October 13, 2020 Filing 109 LETTER MOTION to Compel Citibank to provide testimony and documents regarding communications between Citibank and those investment managers and/or lenders who returned funds disbursed in the August 11 Transfers addressed to Judge Jesse M. Furman from Adam M. Abensohn dated October 13, 2020. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Highland Capital Management Fund Advisors LP, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4).(Abensohn, Adam)
October 9, 2020 Opinion or Order Filing 108 ORDER: Plaintiff shall confer with the regulators and, no later than October 15, 2020, produce to Defendants "all factual portions" of ECF Nos. 87-1, 87-2, 87-12, 87-13, 87-24, and 87-25 (as well as ECF Nos. 87-5, 87-16, and 87-28, over which it asserts no independent privilege), "where 'factual' has its ordinary meaning," Wultz, 61 F. Supp. 3d at 288, unless the relevant portion is independently protected as Confidential Supervisory Information. If, after such production, Defendants have any remaining objections (that is, either to the redactions or to documents withheld in full), they shall confer with Plaintiffs (and, if appropriate, the regulators) and file a joint letter proposing a means to resolve any remaining disputes by October 20, 2020. In the absence of such a letter (or other communication), the Court will assume that this matter has been resolved without the need for further Court intervention. If any party or the regulators disagree with proceeding in accordance with the foregoing, they shall confer and promptly seek appropriate relief. No later than October 9, 2020, at 5 p.m., Plaintiff is directed to serve this Order by email on counsel for each of the three regulators that has asserted privileges over the Regulator Documents. (Signed by Judge Jesse M. Furman on 10/9/2020) (jwh)
October 7, 2020 Filing 107 LETTER addressed to Judge Jesse M. Furman from Robert S. Loigman dated October 7, 2020 re: Citibank Privilege Log. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert)
October 7, 2020 Filing 106 NOTICE OF APPEARANCE by Richard A. Spehr on behalf of Citibank, N.A...(Spehr, Richard)
October 6, 2020 Filing 105 LETTER addressed to Judge Jesse M. Furman from Christopher J. Houpt dated October 6, 2020 re: Updated Privilege Log. Document filed by Citibank, N.A.. (Attachments: #1 Exhibit A).(Houpt, Christopher)
October 5, 2020 Filing 104 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/29/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
October 5, 2020 Filing 103 TRANSCRIPT of Proceedings re: CONFERENCE held on 9/29/2020 before Judge Jesse M. Furman. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/26/2020. Redacted Transcript Deadline set for 11/5/2020. Release of Transcript Restriction set for 1/3/2021..(McGuirk, Kelly)
October 5, 2020 Filing 102 NOTICE of PRIVILEGE LOG re: #101 Order,,,,,,,, #99 Letter. Document filed by Citibank, N.A...(Houpt, Christopher)
October 5, 2020 Opinion or Order Filing 101 ORDER: On October 2, 2020, the Court ordered Plaintiff to file a privilege log identifying which of the documents already submitted for in camera review are subject to attorney-client or work product protection. See ECF No. 98. On October 4, 2020, Plaintiff filed the privilege log, but did so under seal and on an ex parte basis, referencing the Court's October 2, 2020 Order. See ECF No. 100. (Plaintiff also publicly filed a cover letter. See ECF No. 99.) There are at least three problems with this. First, despite Plaintiffs suggestion to the contrary, the Court's October 2, 2020 Order did not authorize Plaintiff to file the privilege log under seal; nor did Plaintiff, in the parties' joint letter that prompted the Court's October 2, 2020 Order, even request leave to file the privilege log under seal. See ECF No. 97. Second, filing the privilege log under seal and ex parte defeats the point of the log - which is to provide Defendants with notice of what documents are claimed to be privileged (and the basis for that claim) so that they may challenge the claims as appropriate. And third, it is Plaintiffs burden to show that filing a document under seal is consistent with the presumption in favor of public access to judicial documents (and to do so in accordance with the Court's Individual Rules and Practices). Plaintiff did not even attempt to do so. Plaintiff shall publicly refile the privilege log by TOMORROW at 10 a.m. Defendants are granted until October 7, 2020, at noon to file any response to the claims of privilege. Finally, the Court notes that this is not Plaintiffs first time violating the well-established procedures and standards governing the public filing of judicial documents. (The letter appealing at ECF 90 was originally filed under seal and ex parte, see ECF No. 87, even though Plaintiff had not sought, let alone obtained, leave to do so.) Future violations of those procedures and standards may result in sanctions. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/5/2020) (jca)
October 4, 2020 Filing 100 ***EX-PARTE***NOTICE of Privilege Log re: #99 Letter. Document filed by Citibank, N.A.. Motion or Order to File Under Seal: #98 .(Houpt, Christopher)
October 4, 2020 Filing 99 LETTER addressed to Judge Jesse M. Furman from Christopher J. Houpt dated October 4, 2020 re: Privilege Designations. Document filed by Citibank, N.A...(Houpt, Christopher)
October 2, 2020 Opinion or Order Filing 98 ORDER. Plaintiff shall file a privilege log identifying which of the documents already submitted for in camera review are subject to attorney-client or work product protection no later than October 4, 2020. Once the Court has resolved whether those protections apply, the Court will address whether any remaining documents are subject to the privileges invoked by the regulators (and will give the regulators an opportunity to be heard). Defendants are directed to serve this order by email on counsel for each of the three regulators that asserted privileges over the Regulator Documents. In light of the expedited nature of this case and the rapidly approaching deadline for the completion of fact discovery, the Court requests that the Board of Governors of the Federal Reserve Bank and/or Federal Reserve Bank of New York expedite its administrative determination of whether the relevant documents can be produced and provide and provide answer no later than October 13, 2020. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/2/20) (yv)
October 1, 2020 Filing 97 JOINT LETTER addressed to Judge Jesse M. Furman from Matthew D. Ingber, Robert S. Loigman and Judd R. Spray dated October 1, 2020 re: Joint letter to Court re: Regulator Documents. Document filed by Citibank, N.A...(Ingber, Matthew)
October 1, 2020 Filing 96 LETTER addressed to Judge Jesse M. Furman from Robert S. Loigman dated October 1, 2020 re: Citibank's waiver of privileges over the Regulator Documents. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert)
October 1, 2020 Filing 95 LETTER addressed to Judge Jesse M. Furman from Matthew D. Ingber dated October 1, 2020 re: Letter to Court re: Regulator Documents. Document filed by Citibank, N.A...(Ingber, Matthew)
September 30, 2020 Opinion or Order Filing 94 ORDER re: #93 Joint Proposed Amended Schedule Letter. Upon review of the parties' joint letter, the Court adopts Defendants' proposed schedule, except that the deadline for any reply memoranda of law is extended to November 20, 2020 (not November 23, 2020). The final pretrial conference is correspondingly ADJOURNED from November 5, 2020, to December 7, 2020, at 10 a.m. With Defendants' consent, the temporary restraining orders are extended through the new date of the trial. The parties are cautioned that further extensions of these dates and deadlines (except perhaps for minor modifications of the interim deadlines) are unlikely to be granted. (HEREBY ORDERED by Judge Jesse M. Furman) (Text Only Order) (Furman, Jesse)
September 30, 2020 Filing 93 JOINT LETTER addressed to Judge Jesse M. Furman from Matthew D. Ingber and Robert Loigman dated September 30, 2020 re: Joint Proposed Amended Discovery Schedule. Document filed by Citibank, N.A...(Ingber, Matthew)
September 30, 2020 Opinion or Order Filing 92 ORDER granting #72 Letter Motion to Compel. As discussed and for the reasons stated on the record during the telephone conference conducted before the Court on September 29, 2020: Plaintiff's motion to compel discovery "on the issue of [Defendants'] 'control' over the funds at issue in this case," ECF No. 72, is GRANTED. The parties shall submit a joint letter no later than September 30, 2020, at 3:00 p.m. proposing a revised schedule. The parties shall submit a joint letter no later than October 1, 2020, at 5:00 p.m. proposing a path forward for resolving any remaining issues with respect to the documents over which the regulators have invoked privilege (the "Regulator Documents"). Defendants shall submit a letter no later than October 1, 2020, at 5:00 p.m. addressing whether Plaintiff's letter of September 10, 2020, see ECF No. 64, waived attorney-client and work product privileges over the Regulator Documents. The Clerk of Court is directed terminate ECF No. 72. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/29/20) (yv)
September 29, 2020 Opinion or Order Filing 91 STIPULATION AND ORDER CONCERNING THE PROTOCOL FOR CONDUCTING REMOTE DEPOSITIONS: IT IS HEREBY STIPULATED AND AGREED, by the Parties hereto, through their undersigned counsel, subject to the approval of the Court, that this Stipulation and [Proposed] Order Concerning the Protocol for Conducting Remote Deposition (the "Remote Deposition Protocol") will govern the protocol for conducting depositions in this Litigation: Unless otherwise agreed by all Parties, and as applicable, any non-party deponent, all depositions in this Litigation shall be conducted remotely using videoconference technology, and each deposition shall be video-recorded. As further set forth in this Order. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/29/2020) (ks)
September 29, 2020 Filing 90 LETTER addressed to Judge Jesse M. Furman from Matthew D. Ingber dated September 23, 2020 re: Letter to Court re: in camera review. Document filed by Citibank, N.A...(Ingber, Matthew)
September 29, 2020 Filing 89 PROPOSED STIPULATION AND ORDER. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Abensohn, Adam)
September 25, 2020 Opinion or Order Filing 88 ORDER: The parties shall appear for a teleconference with the Court on Tuesday, September 29, 2020, at 4:00 p.m., to address the various open items and next steps. At least twenty-four hours before the conference, counsel shall email to the Court the names and telephone numbers of those who will have speaking roles at the conference, and the Court will provide call-in information to those counsel (though perhaps not until Tuesday morning in light of the religious holiday). All others counsel who will not have speaking roles and members of the public may listen to the conference by calling the Court's dedicated conference call line at (888) 363-4749 and using access code 542-1540 followed by the pound (#) key. The parties are reminded to follow the procedures for teleconferences described in the Court's Emergency Individual Rules and Practices in Light of COVID-19, which are available at https://nysd.uscourts.gov/hon-jesse-m-furman. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
September 23, 2020 Filing 87 ***EX-PARTE*** LETTER addressed to Judge Jesse M. Furman from Matthew D. Ingber dated September 23, 2020 re: Letter to Court re: in camera review. Document filed by Citibank, N.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35)Motion or Order to File Under Seal: 84 .(Ingber, Matthew)
September 23, 2020 Filing 86 JOINT LETTER addressed to Judge Jesse M. Furman from Robert S. Loigman and Matthew D. Ingber dated September 23, 2020 re: ECF No. 83 regarding schedule for expert discovery. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert)
September 22, 2020 Filing 85 LETTER RESPONSE to Motion addressed to Judge Jesse M. Furman from Robert S. Loigman dated September 22, 2020 re: #72 FIRST LETTER MOTION to Compel Defendants to Produce documents relating to control issue addressed to Judge Jesse M. Furman from John F. Baughman dated September 18, 2020. . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC. (Attachments: #1 Exhibit A-Aug. 28, 2020 Email re: Citibank v. Brigade).(Loigman, Robert)
September 22, 2020 Opinion or Order Filing 84 ORDER re ECF Nos. #65 , #73 , #76 , #75 , #80 : No later than tomorrow, Citibank shall file on ECF - under seal and with viewing restricted to the Court only (ex parte) - the documents with respect to which the regulators have invoked privilege so that the Court may review them in camera.(HEREBY ORDERED by Judge Jesse M. Furman) (Text Only Order) (Furman, Jesse)
September 22, 2020 Opinion or Order Filing 83 ORDER granting #69 Letter Motion for Expert Discovery: Given the possibility that the relevant standard is constructive notice, the Court agrees with Defendants that limited expert testimony (and discovery) is appropriate. That said, the Court will allow both sides to present expert testimony. In light of the foregoing, counsel shall promptly confer and, no later than tomorrow, submit a joint letter with a proposed schedule for expert discovery that preserves the existing schedule to the maximum extent possible. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
September 22, 2020 Opinion or Order Filing 82 JOINT STIPULATION AND ORDER REGARDING THE FORMAT OF DOCUMENT PRODUCTION. IT IS ORDERED that: Absent special circumstances, the Parties will prepare their production of documents in accordance with the agreed-upon specifications set forth below, and as further specified and set forth regarding this Joint Stipulation and Order Regarding the Format of Document Production. So ordered. (Signed by Judge Jesse M. Furman on 9/22/2020) (rjm)
September 22, 2020 Opinion or Order Filing 81 STIPULATION AND ORDER GOVERNING THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL AND HIGHLY CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material...This stipulation binds the parties to treat as confidential the documents so classified. This Court, however, has not reviewed the documents referenced herein; therefore, by so ordering this stipulation, the Court makes no finding as to whether the documents are confidential. That finding will be made, if ever, upon a document-by-document review pursuant to the procedures set forth in the Court's Individual Rules and Practices and subject to the presumption in favor of public access to "judicial documents." See generally Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). To that end, the Court does not "so order" any provision to the extent that it purports to authorize the parties to file documents under seal without a prior court order. See New York ex rel. Khurana v. Spherion Corp., No. 15-CV-6605 (JMF), 2019 WL 3294170 (S.D.N.Y. July 19, 2019). SO ORDERED. (Signed by Judge Jesse M. Furman on 9/22/2020) (jca)
September 21, 2020 Filing 80 RESPONSE re: #76 Endorsed Letter,, #73 Endorsed Letter,, #75 Endorsed Letter,, Letter in Response to Regulators' Objections to Production of Documents. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert)
September 21, 2020 Filing 79 PROPOSED STIPULATION AND ORDER. Document filed by Citibank, N.A...(Ingber, Matthew)
September 21, 2020 Filing 78 PROPOSED STIPULATION AND ORDER. Document filed by Citibank, N.A...(Ingber, Matthew)
September 21, 2020 Filing 77 NOTICE OF APPEARANCE by Judd Robert Spray on behalf of Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Spray, Judd)
September 21, 2020 Opinion or Order Filing 76 ENDORSED LETTER addressed to Judge Jesse M. Furman from Joshua P. Chadwick dated 9/18/20 re: objection to Citibanks production of the Boards CSI to the Defendants and assertion of the bank examination privilege. ENDORSEMENT: The Court received this letter by email. Per the Court's Order of September 15, 2020, see ECF No. 65, Defendants shall file any response (in the form of a single letter responding to this, the FDIC and OCC letters, and any other objections filed) by September 21, 2020 (and shall simultaneously serve it electronically on Mr. Chadwick). Citibank shall not produce any of the materials at issue until the Court orders otherwise. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/18/20) (yv)
September 18, 2020 Opinion or Order Filing 75 ENDORSED LETTER addressed to Judge Jesse M. Furman from Gregory F. Taylor dated 9/18/2020 re: response to ECF No. 65. ENDORSEMENT: The Court received this letter by email. Per the Court's Order of September 15, 2020, see ECF No. 65, Defendants shall file any response (in the form of a single letter responding to this, the FDIC letter, and any other objections filed) by September 21, 2020 (and shall simultaneously serve it electronically on Mr. Taylor). Citibank shall not produce any of the materials at issue until the Court orders otherwise. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/18/2020) (rro)
September 18, 2020 Filing 74 LETTER addressed to Judge Jesse M. Furman from Matthew D. Ingber dated September 18, 2020 re: Letter in Response to Defendants' Letter of September 16, 2020 (ECF No. 69) Requesting Expert Discovery. Document filed by Citibank, N.A...(Ingber, Matthew)
September 18, 2020 Opinion or Order Filing 73 ENDORSED LETTER addressed to Judge Jesse M. Furman from Erik Bond dated 9/18/20 re: advise the Court that FDIC objects to Citibank's compliance with Defendants' Request for Production. ENDORSEMENT: The Court received this letter by email. Per the Court's Order of September 15, 2020, see ECF No. 65, Defendants shall file any response by September 21, 2020 (and shall simultaneously serve it electronically on Mr. Bond). Citibank shall not produce any of the materials at issue until the Court orders otherwise. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/18/20) (yv)
September 18, 2020 Filing 72 FIRST LETTER MOTION to Compel Defendants to Produce documents relating to control issue addressed to Judge Jesse M. Furman from John F. Baughman dated September 18, 2020. Document filed by Citibank, N.A...(Baughman, John)
September 17, 2020 Filing 71 NOTICE OF APPEARANCE by Mario DE Oliveira Gazzola on behalf of Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Gazzola, Mario)
September 17, 2020 Filing 70 NOTICE OF APPEARANCE by Sophia Qasir on behalf of Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Qasir, Sophia)
September 16, 2020 Filing 69 LETTER MOTION for Discovery from Experts addressed to Judge Jesse M. Furman from Robert S. Loigman dated September 16, 2020. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert)
September 15, 2020 Filing 68 CERTIFICATE OF SERVICE of Court Order served on Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, and the Federal Reserve Bank of New York on September 15, 2020. Document filed by Citibank, N.A...(Baughman, John)
September 15, 2020 Filing 67 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/18/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
September 15, 2020 Filing 66 TRANSCRIPT of Proceedings re: CONFERENCE held on 8/18/2020 before Judge Jesse M. Furman. Court Reporter/Transcriber: George Malinowski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/6/2020. Redacted Transcript Deadline set for 10/16/2020. Release of Transcript Restriction set for 12/14/2020..(McGuirk, Kelly)
September 15, 2020 Opinion or Order Filing 65 ORDER on #62 Letter Motion for Extension of Time and #63 Letter Motion to Compel: Upon review of the parties' letters, the Court resolves the discovery disputes as follows...(See ORDER.) (Signed by Judge Jesse M. Furman on 9/14/2020) (ab)
September 10, 2020 Filing 64 LETTER addressed to Judge Jesse M. Furman from Matthew D. Ingber dated September 10, 2020 re: Response to Defendants' Letters Seeking to Delay Trial #62 and to Motion To Compel Production #63 . Document filed by Citibank, N.A...(Ingber, Matthew)
September 7, 2020 Filing 63 LETTER MOTION to Compel re Production of Documents addressed to Judge Jesse M. Furman from Robert S. Loigman dated September 7, 2020. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert)
September 7, 2020 Filing 62 LETTER MOTION for Extension of Time of Current Case Schedule addressed to Judge Jesse M. Furman from Robert S. Loigman dated September 7, 2020. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert)
September 3, 2020 Filing 61 NOTICE OF APPEARANCE by Andrew Hunter Reynard on behalf of Citibank, N.A...(Reynard, Andrew)
September 1, 2020 Filing 60 WAIVER OF SERVICE RETURNED EXECUTED. Allstate Investment Management Company waiver sent on 9/1/2020, answer due 11/2/2020; Bardin Hill Loan Management LLC waiver sent on 9/1/2020, answer due 11/2/2020; Brigade Capital Management, LP waiver sent on 9/1/2020, answer due 11/2/2020; Greywolf Loan Management LP waiver sent on 9/1/2020, answer due 11/2/2020; HPS Investment Partners, LLC waiver sent on 9/1/2020, answer due 11/2/2020; Investcorp Credit Management US LLC waiver sent on 9/1/2020, answer due 11/2/2020; Medalist Partners Corporate Finance LLC waiver sent on 9/1/2020, answer due 11/2/2020; New Generation Advisors LLC waiver sent on 9/1/2020, answer due 11/2/2020; Symphony Asset Management LLC waiver sent on 9/1/2020, answer due 11/2/2020; Tall Tree Investment Management LLC waiver sent on 9/1/2020, answer due 11/2/2020; ZAIS Group LLC waiver sent on 9/1/2020, answer due 11/2/2020. Document filed by Citibank, N.A...(Marmon, Nathaniel)
August 31, 2020 Filing 59 NOTICE OF APPEARANCE by Anil Makhijani on behalf of Allstate Investment Management Company, Bardin Hill Loan Management LLC, Greywolf Loan Management LP, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Makhijani, Anil)
August 31, 2020 Filing 58 NOTICE OF APPEARANCE by Bennett Murphy on behalf of Allstate Investment Management Company, Bardin Hill Loan Management LLC, Greywolf Loan Management LP, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Murphy, Bennett)
August 31, 2020 Filing 57 NOTICE OF APPEARANCE by Zachary Ryan Russell on behalf of Allstate Investment Management Company, Bardin Hill Loan Management LLC, Greywolf Loan Management LP, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Russell, Zachary)
August 31, 2020 Filing 56 NOTICE OF APPEARANCE by Robert Scott Loigman on behalf of Allstate Investment Management Company, Bardin Hill Loan Management LLC, Greywolf Loan Management LP, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert)
August 31, 2020 Filing 55 NOTICE OF APPEARANCE by Benjamin Isidore Finestone on behalf of Allstate Investment Management Company, Bardin Hill Loan Management LLC, Greywolf Loan Management LP, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Finestone, Benjamin)
August 31, 2020 Filing 54 NOTICE OF APPEARANCE by Adam Michael Abensohn on behalf of Allstate Investment Management Company, Bardin Hill Loan Management LLC, Greywolf Loan Management LP, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Abensohn, Adam)
August 31, 2020 Filing 53 NOTICE OF APPEARANCE by Michael Barry Carlinsky on behalf of Allstate Investment Management Company, Bardin Hill Loan Management LLC, Greywolf Loan Management LP, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Carlinsky, Michael)
August 31, 2020 Opinion or Order Filing 52 STIPULATION AND ORDER. IT IS HEREBY AGREED AND ORDERED THAT: 1. Each Defendant will comply with any and all applicable orders of the Court and take all reasonable steps to direct and/or request that the various Non-Defendant Funds managed or advised by such Defendant comply with any and all applicable orders of the Court. 2. Each Defendant will not assert that orders of the Court do not apply to the Non-Defendant Funds managed or advised by such Defendant. 3. Each Defendant will request that the Non-Defendant Funds managed or advised by such Defendant inform the Defendant promptly if they do not intend on complying with applicable orders of the Court, and each Defendant will inform Citibank, N.A., through counsel, promptly of the receipt of any such notice. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/31/20) (yv)
August 28, 2020 Filing 51 PROPOSED STIPULATION AND ORDER. Document filed by Citibank, N.A...(Ingber, Matthew)
August 28, 2020 Filing 50 NOTICE OF APPEARANCE by Alexandre J. Tschumi on behalf of Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Tschumi, Alexandre)
August 27, 2020 Opinion or Order Filing 49 NOTICE OF DISMISSAL AS TO DEFENDANT HIGHLAND CAPITAL MANAGEMENT FUND ADVISORS LLP: PLEASE TAKE NOTICE that, pursuant to Rule 41 (a)(1)(A)(i), Plaintiff Citibank N.A. hereby dismisses this action with prejudice against defendant Highland Capital Management Fund Advisors LP. This notice does not apply to any other party. SO ORDERED., Highland Capital Management Fund Advisors LP terminated. (Signed by Judge Jesse M. Furman on 8/27/2020) (ama)
August 27, 2020 ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #48 Notice of Voluntary Dismissal was reviewed and referred to Judge Jesse M. Furman for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km)
August 26, 2020 Filing 48 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, with prejudice against the defendant(s) Highland Capital Management Fund Advisors LP. Document filed by Citibank, N.A.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Baughman, John)
August 26, 2020 Filing 47 CERTIFICATE OF SERVICE of Scheduling Order served on Highland Capital Management Fund Advisors LP on 8/25/2020. Service was accepted by Isaac Leventon. Document filed by Citibank, N.A...(Baughman, John)
August 25, 2020 Opinion or Order Filing 46 SCHEDULING ORDER: Accordingly, unless and until the Court orders otherwise, the following shall govern the further conduct of pretrial proceedings in this case, the caption of which is hereby changed to "In re Citibank August 11, 2020 Wire Transfers." Motions due by 9/16/2020. Responses due by 9/18/2020. Fact Discovery due by 10/2/2020. Final Pretrial Conference set for 11/5/2020 at 10:00 AM before Judge Jesse M. Furman. Pretrial Order due by 10/16/2020. Bench Trial set for 11/9/2020 at 09:30 AM before Judge Jesse M. Furman. In light of Defendants' consent, see ECF No. 42, at 2, the temporary restraining orders previously entered in these cases are extended to November 10, 2020. No later than August 27, 2020, Plaintiff shall serve a copy of this Order electronically on counsel for Defendant Highland Capital Management Fund Advisors LLP ("Highland Capital"), the one Defendant not currently represented by Quinn Emmanuel, and file proof of such service. If Highland Capital has any objection to the terms of this Order, including but not limited to the extension of the temporary restraining order to November 10, 2020, it shall file a letter to that effect no later than September 1, 2020. Failure to file such a letter will be deemed consent by Highland Capital to the terms of this Order. The Clerk of Court is directed to update the docket to reflect the caption on this Order. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/25/20) (yv) Modified on 8/25/2020 (yv).
August 25, 2020 Filing 45 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/19/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF, 1:20-cv-06713-JMF.(McGuirk, Kelly)
August 25, 2020 Filing 44 TRANSCRIPT of Proceedings re: CONFERENCE held on 8/19/2020 before Judge Jesse M. Furman. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/15/2020. Redacted Transcript Deadline set for 9/25/2020. Release of Transcript Restriction set for 11/23/2020.Filed In Associated Cases: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF, 1:20-cv-06713-JMF.(McGuirk, Kelly)
August 25, 2020 Filing 43 NOTICE OF APPEARANCE by Allison Joan Zolot on behalf of Citibank, N.A...(Zolot, Allison)
August 24, 2020 Filing 42 LETTER addressed to Judge Jesse M. Furman from Robert S. Loigman dated August 24, 2020 re: Plan for Discovery and Trial Per Court's Order. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert)
August 24, 2020 Filing 41 LETTER addressed to Judge Jesse M. Furman from Matthew D. Ingber dated August 24, 2020 re: In Response to the Court's August 19, 2020 Order. Document filed by Citibank, N.A.. (Attachments: #1 Text of Proposed Order).(Ingber, Matthew)
August 24, 2020 Filing 40 NOTICE OF APPEARANCE by Alina Artunian on behalf of Citibank, N.A...(Artunian, Alina)
August 21, 2020 Filing 39 NOTICE OF APPEARANCE by Zachary Ryan Russell on behalf of HPS Investment Partners, LLC, Symphony Asset Management LLC..(Russell, Zachary)
August 21, 2020 Filing 38 NOTICE OF APPEARANCE by Anil Makhijani on behalf of HPS Investment Partners, LLC, Symphony Asset Management LLC..(Makhijani, Anil)
August 21, 2020 Filing 37 NOTICE OF APPEARANCE by Bennett Murphy on behalf of HPS Investment Partners, LLC, Symphony Asset Management LLC..(Murphy, Bennett)
August 21, 2020 Filing 36 NOTICE OF APPEARANCE by Robert Scott Loigman on behalf of HPS Investment Partners, LLC, Symphony Asset Management LLC..(Loigman, Robert)
August 21, 2020 Opinion or Order Filing 35 ORDER. It is hereby ORDERED that, pursuant to Rule 42(a)(2) of the Federal Rules of Civil Procedure, the two cases are consolidated under the case number 20-CV-6539 (JMF). All future filings should be in 20-CV-6539 (JMF) alone. As stated on the record, and in accordance with the Court's order of August 19, 2020, 20-CV-6539, ECF No. 28, the parties are hereby ORDERED to meet and confer regarding the scope and timeframe of discovery and pretrial deadlines and shall submit an agreed upon proposed order and joint letter to the Court discussing the same no later than August 24, 2020. If the parties do not reach agreement, they parties shall submit competing proposed orders and letters concerning any remaining disagreements by the same date. In addition, as stated on the record at this morning's conference, unless and until the Court orders otherwise, the hearing on any motion for a preliminary injunction is hereby consolidated with the trial on the merits pursuant to Fed. R. Civ. P. 65(a)(2), and is scheduled for September 30, 2020, and (if necessary) October 1, 2020. The parties should be sure to address the issues identified in the Court's August 19, 2020 Order, 20-CV-6539, ECF No. 28, in their pretrial submissions. The Clerk of Court is directed to consolidate 20-CV-6539 (JMF) and 20-CV-6713 (JMF) under case number 20-CV-6539 (JMF), and to close 20-CV-6713 (JMF). SO ORDERED. (Signed by Judge Jesse M. Furman on 8/21/20) Filed In Associated Cases: 1:20-cv-06539-JMF, 1:20-cv-06713-JMF (yv)
August 21, 2020 Filing 34 NOTICE OF APPEARANCE by Benjamin Isidore Finestone on behalf of HPS Investment Partners, LLC, Symphony Asset Management LLC..(Finestone, Benjamin)
August 21, 2020 Filing 33 NOTICE OF APPEARANCE by Adam Michael Abensohn on behalf of HPS Investment Partners, LLC, Symphony Asset Management LLC..(Abensohn, Adam)
August 21, 2020 Filing 32 NOTICE OF APPEARANCE by Michael Barry Carlinsky on behalf of HPS Investment Partners, LLC, Symphony Asset Management LLC..(Carlinsky, Michael)
August 21, 2020 Filing 31 NOTICE OF APPEARANCE by Nathaniel Ethan Marmon on behalf of Citibank, N.A...(Marmon, Nathaniel)
August 21, 2020 Filing 30 NOTICE OF APPEARANCE by John Frederick Baughman on behalf of Citibank, N.A...(Baughman, John)
August 21, 2020 Filing 29 NOTICE OF APPEARANCE by Anil Makhijani on behalf of Brigade Capital Management, LP..(Makhijani, Anil)
August 19, 2020 Minute Entry for proceedings held before Judge Jesse M. Furman: Show Cause Hearing re TRO held via teleconference on 8/19/2020. Matthew Ingber, Christopher J. Houpt, and Jonathan F. Baughman present for Plaintiff. Benjamin Finestone present for Defendant. Court reporter present. Associated Cases: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF (ab)
August 19, 2020 Opinion or Order Filing 28 ORDER: Earlier today, at a conference conducted before the Court, the parties indicated on the record their agreement that these cases should be consolidated. In light of that, and because the actions involve common questions of law and fact, it is hereby ORDERED that, pursuant to Rule 42(a) (2) of the Federal Rules of Civil Procedure, the two cases are consolidated under the case number 20-CV-6539 (JMF). All future filings should be in 20-CV-6539 (JMF) alone. The parties are hereby ORDERED to meet and confer regarding the scope and time frame of discovery and pretrial deadlines and shall submit an agreed upon proposed order and joint letter to the Court discussing the same no later than August 24, 2020. If the parties do not reach agreement, they parties shall submit competing proposed orders and letters concerning any remaining disagreements by the same date. In addition, as stated on the record at this mornings conference, unless and until the Court orders otherwise, the hearing on any motion for a preliminary injunction is hereby consolidated with the trial on the merits pursuant to Fed. R. Civ. P. 65(a)(2), and is scheduled for September 30, 2020, and (if necessary) October 1, 2020. Accordingly, the proceedings currently scheduled for August 31, 2020 are hereby CANCELLED. The parties should be sure to address the following issues (among others) in their pre-trial submissions as further set forth herein. Further, as indicated on the record at today's conference, the temporary restraining order issued in 20-CV-6539 on August 18, 2020, ECF No. 25, is hereby EXTENDED through the date of trial, on consent as of Defendant Brigade and on a finding of good cause for the reasons stated on the record. The Clerk of Court is directed to consolidate 20-CV-6539 (JMF) and 20-CV-6617 (JMF) under case number 20-CV-6539 (JMF), and to close 20-CV-6617 (JMF). SO ORDERED. (Signed by Judge Jesse M. Furman on 8/19/2020) Filed In Associated Cases: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF (ks)
August 19, 2020 Filing 27 MEMO ENDORSEMENT re: (12 in 1:20-cv-06617-JMF) Letter filed by Citibank, N.A., (26 in 1:20-cv-06539-JMF) Letter filed by Citibank, N.A. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to docket this letter in both cases reference below. (Signed by Judge Jesse M. Furman on 8/19/2020) (nb)
August 19, 2020 Filing 26 EMERGENCY LETTER addressed to Judge Jesse M. Furman from John F. Baughman dated 08/19/2020 re: Related matter 1:20-cv-06617 Citibank, N.A. v. HPS Investment Partners, LLC et al. Document filed by Citibank, N.A...(Marmon, Nathaniel)
August 18, 2020 Minute Entry for proceedings held before Judge Jesse M. Furman: Show Cause Hearing re TRO held via teleconference on 8/18/2020. Matthew Ingber and Christopher J. Houpt present for Plaintiff. Robert Loigman and Benjamin Finestone present for Defendant. Court reporter present. (ab)
August 18, 2020 ***DELETED DOCUMENT. Deleted document number #26 ELECTRONIC SUMMONS ISSUED. The document was incorrectly filed in this case. (dnh)
August 18, 2020 Opinion or Order Filing 25 ORDER TO SHOW CAUSE FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION AGAINST BRIGADE: IT IS HEREBY ORDERED that Citibank's Application is GRANTED in its entirety. It is hereby further ORDERED that Defendant must appear before The Honorable Jesse M. Furman, District Judge, United States District Court for the Southern District of New York, on August 31, 2020, at 10 a.m... The Court will hold a telephone conference tomorrow, August 19, 2020, at 10:00 a.m. to discuss next steps, including a briefing schedule on the request for a preliminary injunction; whether discovery is needed; whether a hearing is likely; in the event a hearing needs to be held, whether it can or should be conducted remotely; and whether the Court should consolidate trial on the merits. The conference can be accessed using the same call-in information as this morning; that is, members of the public should use the information set forth in the Court's order of last night, while counsel should use the information provided to them by email. (Signed by Judge Jesse M. Furman on 8/18/2020) (ab)
August 18, 2020 Filing 24 LETTER addressed to Judge Jesse M. Furman from Robert S. Loigman dated August 18, 2020 re: Reply to Plaintiff's August 18, 2020 Letter. Document filed by Brigade Capital Management, LP..(Loigman, Robert)
August 18, 2020 Magistrate Judge Debra C. Freeman 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. (jgo)
August 18, 2020 Filing 23 LETTER addressed to Judge Jesse M. Furman from Christopher J. Houpt dated August 18, 2020 re: In Response to Questions and Arguments Raised at this Morning's Hearing. Document filed by Citibank, N.A...(Houpt, Christopher)
August 18, 2020 Filing 22 LETTER addressed to Judge Jesse M. Furman from Robert S. Loigman dated August 18, 2020 re: Response to Proposed Temporary Restraining Order. Document filed by Brigade Capital Management, LP..(Loigman, Robert)
August 17, 2020 Opinion or Order Filing 21 ORDER with respect to #5 Emergency Motion for TRO: The parties shall appear for a teleconference with the Court TOMORROW, August 18, 2020, at 9:00 a.m. The Court will email call-in information to those counsel who intend to speak. All others - counsel who will not have speaking roles and members of the public - may listen to the conference by calling the Court's dedicated conference call line at (888) 363-4749 and using access code 542-1540 followed by the pound (#) key. The parties are reminded to follow the procedures for teleconferences described in the Court's Emergency Individual Rules and Practices in Light of COVID-19, which are available at https://nysd.uscourts.gov/hon-jesse-m-furman. No later than 8 a.m. tomorrow morning, counsel shall provide advance notice of who will participate in the conference and the telephone numbers they will use to participate. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
August 17, 2020 Filing 20 NOTICE OF APPEARANCE by Zachary Ryan Russell on behalf of Brigade Capital Management, LP..(Russell, Zachary)
August 17, 2020 Filing 19 NOTICE OF APPEARANCE by Robert Scott Loigman on behalf of Brigade Capital Management, LP..(Loigman, Robert)
August 17, 2020 Filing 18 NOTICE OF APPEARANCE by Michael Barry Carlinsky on behalf of Brigade Capital Management, LP..(Carlinsky, Michael)
August 17, 2020 Filing 17 NOTICE OF APPEARANCE by Bennett Murphy on behalf of Brigade Capital Management, LP..(Murphy, Bennett)
August 17, 2020 Filing 16 NOTICE OF APPEARANCE by Benjamin Isidore Finestone on behalf of Brigade Capital Management, LP..(Finestone, Benjamin)
August 17, 2020 Filing 15 NOTICE OF APPEARANCE by Adam Michael Abensohn on behalf of Brigade Capital Management, LP..(Abensohn, Adam)
August 17, 2020 Filing 14 ELECTRONIC SUMMONS ISSUED as to Brigade Capital Management, LP..(jgo)
August 17, 2020 Case Designated ECF. (jgo)
August 17, 2020 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)
August 17, 2020 Filing 13 NOTICE OF APPEARANCE by Luc W. M. Mitchell on behalf of Citibank, N.A...(Mitchell, Luc)
August 17, 2020 Filing 12 NOTICE OF APPEARANCE by Anjanique Maria Watt on behalf of Citibank, N.A...(Watt, Anjanique)
August 17, 2020 Filing 11 NOTICE OF APPEARANCE by Michael Evan Rayfield on behalf of Citibank, N.A...(Rayfield, Michael)
August 17, 2020 Filing 10 NOTICE OF APPEARANCE by Christopher James Houpt on behalf of Citibank, N.A...(Houpt, Christopher)
August 17, 2020 Filing 9 MEMORANDUM OF LAW in Support re: #5 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by Citibank, N.A...(Ingber, Matthew)
August 17, 2020 Filing 8 DECLARATION of Brendan Zeigon in Support re: #5 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Citibank, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Ingber, Matthew)
August 17, 2020 Filing 7 DECLARATION of Mitali Sohoni in Support re: #5 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Citibank, N.A...(Ingber, Matthew)
August 17, 2020 ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Matthew D. Ingber. The following case opening statistical information was erroneously selected/entered: Dollar Demand $175,000,000,000; County code New York;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $9,999,000; the County code has been modified to XX Out of State;. (jgo)
August 17, 2020 Filing 6 DECLARATION of Matthew D. Ingber in Support re: #5 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Citibank, N.A...(Ingber, Matthew)
August 17, 2020 Filing 5 EMERGENCY MOTION for Temporary Restraining Order . Document filed by Citibank, N.A...(Ingber, Matthew)
August 17, 2020 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Brigade Capital Management, LP, re: #1 Complaint. Document filed by Citibank, N.A...(Ingber, Matthew)
August 17, 2020 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Citicorp LLC and Citigroup Inc. for Citibank, N.A.. Document filed by Citibank, N.A...(Ingber, Matthew)
August 17, 2020 Filing 2 CIVIL COVER SHEET filed..(Ingber, Matthew)
August 17, 2020 Filing 1 COMPLAINT against Brigade Capital Management, LP. (Filing Fee $ 400.00, Receipt Number ANYSDC-21186816)Document filed by Citibank, N.A.. (Attachments: #1 Exhibit A).(Ingber, Matthew)

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Search for this case: In re Citibank August 11, 2020 Wire Transfers
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Defendant: Brigade Capital Management, LP
Represented By: Robert Scott Loigman
Represented By: Adam Michael Abensohn
Represented By: Bennett Murphy
Represented By: Michael Barry Carlinsky
Represented By: Zachary Ryan Russell
Represented By: Benjamin Isidore Finestone
Represented By: Alexandre J. Tschumi
Represented By: Sophia Qasir
Represented By: Judd Robert Spray
Represented By: Mario O. Gazzola
Represented By: Anil Makhijani
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Defendant: ZAIS Group LLC
Represented By: Adam Michael Abensohn
Represented By: Bennett Murphy
Represented By: Zachary Ryan Russell
Represented By: Benjamin Isidore Finestone
Represented By: Alexandre J. Tschumi
Represented By: Sophia Qasir
Represented By: Judd Robert Spray
Represented By: Mario O. Gazzola
Represented By: Robert Scott Loigman
Represented By: Anil Makhijani
Represented By: Michael Barry Carlinsky
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Defendant: Symphony Asset Management LLC
Represented By: Adam Michael Abensohn
Represented By: Bennett Murphy
Represented By: Zachary Ryan Russell
Represented By: Benjamin Isidore Finestone
Represented By: Alexandre J. Tschumi
Represented By: Sophia Qasir
Represented By: Judd Robert Spray
Represented By: Mario O. Gazzola
Represented By: Robert Scott Loigman
Represented By: Anil Makhijani
Represented By: Michael Barry Carlinsky
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Defendant: Bardin Hill Loan Management LLC
Represented By: Adam Michael Abensohn
Represented By: Bennett Murphy
Represented By: Zachary Ryan Russell
Represented By: Benjamin Isidore Finestone
Represented By: Alexandre J. Tschumi
Represented By: Sophia Qasir
Represented By: Judd Robert Spray
Represented By: Mario O. Gazzola
Represented By: Robert Scott Loigman
Represented By: Anil Makhijani
Represented By: Michael Barry Carlinsky
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Defendant: Highland Capital Management Fund Advisors LP
Represented By: Adam Michael Abensohn
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Defendant: Greywolf Loan Management LP
Represented By: Adam Michael Abensohn
Represented By: Bennett Murphy
Represented By: Zachary Ryan Russell
Represented By: Benjamin Isidore Finestone
Represented By: Alexandre J. Tschumi
Represented By: Sophia Qasir
Represented By: Judd Robert Spray
Represented By: Mario O. Gazzola
Represented By: Robert Scott Loigman
Represented By: Anil Makhijani
Represented By: Michael Barry Carlinsky
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Defendant: Allstate Investment Management Company
Represented By: Adam Michael Abensohn
Represented By: Bennett Murphy
Represented By: Zachary Ryan Russell
Represented By: Benjamin Isidore Finestone
Represented By: Alexandre J. Tschumi
Represented By: Sophia Qasir
Represented By: Judd Robert Spray
Represented By: Mario O. Gazzola
Represented By: Robert Scott Loigman
Represented By: Anil Makhijani
Represented By: Michael Barry Carlinsky
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Defendant: HPS Investment Partners, LLC
Represented By: Adam Michael Abensohn
Represented By: Bennett Murphy
Represented By: Zachary Ryan Russell
Represented By: Benjamin Isidore Finestone
Represented By: Alexandre J. Tschumi
Represented By: Sophia Qasir
Represented By: Judd Robert Spray
Represented By: Mario O. Gazzola
Represented By: Robert Scott Loigman
Represented By: Anil Makhijani
Represented By: Michael Barry Carlinsky
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Defendant: Medalist Partners Corporate Finance LLC
Represented By: Adam Michael Abensohn
Represented By: Bennett Murphy
Represented By: Zachary Ryan Russell
Represented By: Benjamin Isidore Finestone
Represented By: Alexandre J. Tschumi
Represented By: Sophia Qasir
Represented By: Judd Robert Spray
Represented By: Mario O. Gazzola
Represented By: Robert Scott Loigman
Represented By: Anil Makhijani
Represented By: Michael Barry Carlinsky
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Defendant: Investcorp Credit Management US LLC
Represented By: Adam Michael Abensohn
Represented By: Bennett Murphy
Represented By: Zachary Ryan Russell
Represented By: Benjamin Isidore Finestone
Represented By: Alexandre J. Tschumi
Represented By: Sophia Qasir
Represented By: Judd Robert Spray
Represented By: Mario O. Gazzola
Represented By: Robert Scott Loigman
Represented By: Anil Makhijani
Represented By: Michael Barry Carlinsky
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Defendant: New Generation Advisors LLC
Represented By: Adam Michael Abensohn
Represented By: Bennett Murphy
Represented By: Zachary Ryan Russell
Represented By: Benjamin Isidore Finestone
Represented By: Alexandre J. Tschumi
Represented By: Sophia Qasir
Represented By: Judd Robert Spray
Represented By: Mario O. Gazzola
Represented By: Robert Scott Loigman
Represented By: Anil Makhijani
Represented By: Michael Barry Carlinsky
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Defendant: Tall Tree Investment Management LLC
Represented By: Adam Michael Abensohn
Represented By: Bennett Murphy
Represented By: Zachary Ryan Russell
Represented By: Benjamin Isidore Finestone
Represented By: Alexandre J. Tschumi
Represented By: Sophia Qasir
Represented By: Judd Robert Spray
Represented By: Mario O. Gazzola
Represented By: Robert Scott Loigman
Represented By: Anil Makhijani
Represented By: Michael Barry Carlinsky
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Plaintiff: Citibank, N.A.
Represented By: Anjanique Maria Watt
Represented By: Luc W. M. Mitchell
Represented By: Christopher James Houpt
Represented By: Michael Evan Rayfield
Represented By: Matthew D. Ingber
Represented By: Richard A. Spehr
Represented By: Nathaniel Ethan Marmon
Represented By: John Frederick Baughman
Represented By: Alina Artunian
Represented By: Andrew Hunter Reynard
Represented By: Allison Joan Zolot
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