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
Interested Party: Revlon Consumer Products Corporation and Revlon, Inc.
Amicus Curiae: The Clearing House Association LLC, The Bank Policy Institute, Loan Syndications and Trading Association and The Clearing House Payments Company 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 U.S.C. ยง 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 27, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 27, 2021 Opinion or Order Filing 281 INTERNET CITATION NOTE: Material from decision with Internet citation re: #280 Memorandum & Opinion. (sjo)
May 12, 2021 Opinion or Order Filing 280 OPINION AND ORDER re: #252 MOTION FOR AN INJUNCTION PENDING APPEAL filed by Citibank, N.A. In sum, Citibank's motion for a stay pending appeal is DENIED. That said, Citibank requested that, if its motion were denied, the Court "extend the existing TROs until the Second Circuit decides whether to issue its own injunction pending appeal," Pl's Mem. 20, and Defendants consented to that request "provided that Citibank promptly seeks such relief, i.e., within seven days of any order on the present motion," Defs.' Opp'n 3 n.1. Accordingly, assuming Citibank moves for a stay from the Second Circuit within the nect seven days, the TROs will remain in effect pending a ruling on that motion. Absent such a motion within the next seven days, the TROs will no longer be in effect. The Clerk of Court is directed to terminate ECF No. 252. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/12/2021) (va)
April 21, 2021 Opinion or Order Filing 279 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/9/21 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)
April 21, 2021 Opinion or Order Filing 278 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/9/2021 before Judge Jesse M. Furman. Court Reporter/Transcriber: Martha Martin, (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 5/12/2021. Redacted Transcript Deadline set for 5/24/2021. Release of Transcript Restriction set for 7/20/2021.Filed In Associated Cases: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF, 1:20-cv-06713-JMF.(McGuirk, Kelly)
April 15, 2021 Opinion or Order Filing 277 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 12/16/20 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...Filed In Associated Cases: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF, 1:20-cv-06713-JMF.(McGuirk, Kelly)
April 15, 2021 Opinion or Order Filing 276 TRANSCRIPT of Proceedings re: TRIAL held on 12/16/2020 before Judge Jesse M. Furman. Court Reporter/Transcriber: Martha Martin, (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 5/6/2021. Redacted Transcript Deadline set for 5/17/2021. Release of Transcript Restriction set for 7/14/2021.Filed In Associated Cases: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF, 1:20-cv-06713-JMF.(McGuirk, Kelly)
April 15, 2021 Opinion or Order Filing 275 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 12/15/20 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...Filed In Associated Cases: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF, 1:20-cv-06713-JMF.(McGuirk, Kelly)
April 15, 2021 Opinion or Order Filing 274 TRANSCRIPT of Proceedings re: TRIAL held on 12/15/2020 before Judge Jesse M. Furman. Court Reporter/Transcriber: Martha Martin, (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 5/6/2021. Redacted Transcript Deadline set for 5/17/2021. Release of Transcript Restriction set for 7/14/2021.Filed In Associated Cases: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF, 1:20-cv-06713-JMF.(McGuirk, Kelly)
April 15, 2021 Opinion or Order Filing 273 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 12/14/20 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...Filed In Associated Cases: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF, 1:20-cv-06713-JMF.(McGuirk, Kelly)
April 15, 2021 Opinion or Order Filing 272 TRANSCRIPT of Proceedings re: TRIAL held on 12/14/2020 before Judge Jesse M. Furman. Court Reporter/Transcriber: Martha Martin, (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 5/6/2021. Redacted Transcript Deadline set for 5/17/2021. Release of Transcript Restriction set for 7/14/2021.Filed In Associated Cases: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF, 1:20-cv-06713-JMF.(McGuirk, Kelly)
April 15, 2021 Opinion or Order Filing 271 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 12/11/20 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...Filed In Associated Cases: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF, 1:20-cv-06713-JMF.(McGuirk, Kelly)
April 15, 2021 Opinion or Order Filing 270 TRANSCRIPT of Proceedings re: TRIAL held on 12/11/2020 before Judge Jesse M. Furman. Court Reporter/Transcriber: Martha Martin, (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 5/6/2021. Redacted Transcript Deadline set for 5/17/2021. Release of Transcript Restriction set for 7/14/2021.Filed In Associated Cases: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF, 1:20-cv-06713-JMF.(McGuirk, Kelly)
April 15, 2021 Opinion or Order Filing 269 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 12/10/20 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...Filed In Associated Cases: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF, 1:20-cv-06713-JMF.(McGuirk, Kelly)
April 15, 2021 Opinion or Order Filing 268 TRANSCRIPT of Proceedings re: TRIAL held on 12/10/2020 before Judge Jesse M. Furman. Court Reporter/Transcriber: Martha Martin, (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 5/6/2021. Redacted Transcript Deadline set for 5/17/2021. Release of Transcript Restriction set for 7/14/2021.Filed In Associated Cases: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF, 1:20-cv-06713-JMF.(McGuirk, Kelly)
April 15, 2021 Opinion or Order Filing 267 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 12/9/20 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...Filed In Associated Cases: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF, 1:20-cv-06713-JMF.(McGuirk, Kelly)
April 15, 2021 Opinion or Order Filing 266 TRANSCRIPT of Proceedings re: TRIAL held on 12/9/2020 before Judge Jesse M. Furman. Court Reporter/Transcriber: Martha Martin, (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 5/6/2021. Redacted Transcript Deadline set for 5/17/2021. Release of Transcript Restriction set for 7/14/2021.Filed In Associated Cases: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF, 1:20-cv-06713-JMF.(McGuirk, Kelly)
April 14, 2021 Opinion or Order Filing 265 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/9/21 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)
April 14, 2021 Opinion or Order Filing 264 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/9/2021 before Judge Jesse M. Furman. Court Reporter/Transcriber: Martha Martin, (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 5/5/2021. Redacted Transcript Deadline set for 5/17/2021. Release of Transcript Restriction set for 7/13/2021.Filed In Associated Cases: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF, 1:20-cv-06713-JMF.(McGuirk, Kelly)
April 9, 2021 Opinion or Order Minute Entry for proceedings held before Judge Jesse M. Furman: Oral Argument held via Zoom on 4/9/2021 re: #252 MOTION FOR AN INJUNCTION PENDING APPEAL. Neal Katyal present for Plaintiff. Adam Abensohn present for Defendants. Court reporter present. -- See transcript. (ab)
April 8, 2021 Opinion or Order Filing 263 ORDER: As noted in the Courts March 31, 2021 Order, ECF No. 262, oral argument on April 9, 2021 at 10:00 a.m. will be conducted remotely using the Impact Trial Consulting Zoom platform. Only counsel with speaking roles should have their cameras and microphones on; all others accessing the argument through the Zoom link should have their cameras off and microphones muted. Members of the public may listen to the proceeding by calling the Court's dedicated conference call line at (888) 363-4749 and using access code 542-1540#. Recording of the proceeding is strictly prohibited by law.... SEE ORDER. (Signed by Judge Jesse M. Furman on 4/8/2021) (ab)
March 31, 2021 Opinion or Order Filing 262 ORDER, The oral argument on April 9, 2021 at 10:00 a.m. will be conducted remotely using the Impact Trial Consulting Zoom platform in accordance with Rule 2(A) of the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/honjesse-m-furman. Participants with speaking roles should access the proceeding using the login credentials and instructions provided to them by Impact. Members of the public may listen to the proceeding by calling the Court's dedicated conference call line at (888) 363-4749 and using access code 542-1540 followed by the pound (#) key. SO ORDERED. ( Telephone Conference set for 4/9/2021 at 10:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 3/31/21) (yv)
March 25, 2021 Opinion or Order Filing 261 LETTER addressed to Judge Jesse M. Furman from Neal Kumar Katyal & Robert Loigman dated 03/25/2021 re: 04/09/2021 Hearing. Document filed by Citibank, N.A...(Katyal, Neal)
March 22, 2021 Opinion or Order Filing 260 ORDER: The Court will hold oral argument on Plaintiff's motion for an injunction pending appeal on Friday, April 9, 2021 at 10:00 a.m. The Court would like to use the same Zoom-based platform that was used for trial. To that end, counsel shall confer and, absent objection, contact Impact Trial Consulting to make the necessary arrangements. No later than March 26, 2021, the parties shall file a joint letter indicating whether they have made the necessary arrangements with Impact Trial Consulting. At some point between now and oral argument, the Court will issue another order providing additional details regarding the argument (time limits, etc.). SO ORDERED. Telephone Conference set for 4/9/2021 at 10:00 AM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 3/22/2021) (kv)
March 18, 2021 Opinion or Order Filing 259 LETTER addressed to Judge Jesse M. Furman from Neal Kumar Katyal dated 03/18/2021 re: CA2 Order Granting Motion to Expedite. Document filed by Citibank, N.A.. (Attachments: #1 CA2 Order Granting Motion to Expedite).(Katyal, Neal)
March 18, 2021 Opinion or Order Filing 258 LETTER addressed to Judge Jesse M. Furman from Adam M. Abensohn dated March 18, 2021 re: Response to Citibank's Letter #257 . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Abensohn, Adam)
March 17, 2021 Opinion or Order Filing 257 LETTER addressed to Judge Jesse M. Furman from Neal Kumar Katyal dated 03/17/2021 re: Pending Motion for Injunction Pending Appeal/Oral Argument. Document filed by Citibank, N.A...(Katyal, Neal)
March 17, 2021 Opinion or Order Filing 256 REPLY to Response to Motion re: #252 MOTION FOR AN INJUNCTION PENDING APPEAL . . Document filed by Citibank, N.A...(Ingber, Matthew)
March 12, 2021 Opinion or Order Filing 255 DECLARATION of Adam M. Abensohn in Opposition re: #252 MOTION FOR AN INJUNCTION PENDING APPEAL .. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, 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, #2 Exhibit B, #3 Exhibit C).(Abensohn, Adam)
March 12, 2021 Opinion or Order Filing 254 MEMORANDUM OF LAW in Opposition re: #252 MOTION FOR AN INJUNCTION PENDING APPEAL . . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert)
March 2, 2021 Opinion or Order Filing 253 DECLARATION of Matthew D. Ingber in Support re: #252 MOTION FOR AN INJUNCTION PENDING APPEAL .. Document filed by Citibank, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Ingber, Matthew)
March 2, 2021 Opinion or Order Filing 252 MOTION FOR AN INJUNCTION PENDING APPEAL . Document filed by Citibank, N.A...(Ingber, Matthew)
March 1, 2021 Opinion or Order Filing 251 ORDER granting #248 Motion for Nicole A. Saharsky to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
March 1, 2021 Opinion or Order Filing 250 ORDER granting #247 Motion for Neal Kumar Katyal to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
March 1, 2021 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #249 Notice of Appeal, filed by Citibank, N.A. were transmitted to the U.S. Court of Appeals..(nd)
March 1, 2021 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #249 Notice of Appeal,..(nd)
March 1, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #247 MOTION for Neal Kumar Katyal to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24127647. Motion and supporting papers to be reviewed by Clerk's Office staff., #248 MOTION for Nicole A. Saharsky to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24130393. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
February 26, 2021 Opinion or Order Filing 249 NOTICE OF APPEAL from #244 Clerk's Judgment,,,,,,,,,,,,,,,,,, #243 Findings of Fact & Conclusions of Law,,,,,,,,,,,,,,,,,. Document filed by Citibank, N.A.. Filing fee $ 505.00, receipt number ANYSDC-24130520. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Ingber, Matthew) Modified on 3/1/2021 (nd).
February 26, 2021 Opinion or Order Filing 248 MOTION for Nicole A. Saharsky to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24130393. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Citibank, N.A.. (Attachments: #1 Affidavit, #2 Certificate of Good Standing (DC), #3 Text of Proposed Order).(Saharsky, Nicole)
February 26, 2021 Opinion or Order Filing 247 MOTION for Neal Kumar Katyal to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24127647. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Citibank, N.A.. (Attachments: #1 Affidavit, #2 DC Good Standing Certificate, #3 Text of Proposed Order).(Katyal, Neal)
February 23, 2021 Opinion or Order Filing 246 MEMO ENDORSEMENT on re: #245 Letter, filed by Citibank, N.A.. ENDORSEMENT: The parties' proposed briefing schedule is adopted. Citibank is granted leave to file a reply, but it shall do so by March 17, 2021. SO ORDERED. (Motions due by 3/2/2021., Responses due by 3/12/2021, Replies due by 3/17/2021.) (Signed by Judge Jesse M. Furman on 2/23/2021) (kv)
February 23, 2021 Opinion or Order Filing 245 JOINT LETTER addressed to Judge Jesse M. Furman from Matthew D. Ingber and Robert S. Loigman dated February 23, 2021 re: Joint letter to Court proposing briefing schedule on motion for injunction pending appeal. Document filed by Citibank, N.A...(Ingber, Matthew)
February 16, 2021 Opinion or Order Filing 244 CLERK'S JUDGMENT re: #243 Findings of Fact & Conclusions of Law in favor of Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC against Citibank, N.A. It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Findings of Fact and Conclusions of Law dated February 16, 2021, at its heart, this case involves a clash between two basic intuitive principles. On the one hand, if one party sends money to another by mistake, the latter should generally be required to give it back. On the other hand, if one party owes money to another and pays that money back to the penny, the latter should generally be allowed to keep and use the money as it wishes, without fear that the former will develop a case of borrower's remorse and claim that the payment was by mistake. How to reconcile these principles would be hard enough in the abstract. It is even harder in an age when money can be transmitted from one party to another instantaneously and investors can, and often do, redeploy available funds almost as quickly. Were the Court writing on a blank slate, it is far from clear that it would reconcile these principles in a way that allowed the Non-Returning Lenders to keep the money that Citibank indisputably transferred by mistake. After all, Citibank realized its error and notified the Lenders within one day, and there is no evidence or suggestion that, in the intervening hours, the Non- Returning Lenders relied to their detriment on the belief that the transfers were an intentional, albeit unexpected, paydown of the 2016 Term Loan. But the Court does not write on a blank slate. Instead, it is bound by the decisions of the New York Court of Appeals and the Second Circuit in Banque Worms. The New York Court of Appeals settled the question of whether lenders like those here must prove detrimental reliance in order to keep money that appears to be the payment on a bona fide debt. They do not. And in light of the Banque Worms opinions, the relevant time for evaluating whether a lender was on notice of a mistaken payment is clear. It is when the payment is received. These decisions compel the Court to conclude that the Non- Returning Lenders are entitled to keep the money that Citibank indisputably transferred by mistake on August 11, 2020. That is, for the reasons discussed above, the Court finds that the Non- Returning Lenders were not on notice of Citibank's mistake when they received the transfers. The transfers matched to the penny the amount of principal and interest outstanding on the loan. The accompanying notices referred to interest being "due," and the only way in which that would have been accurate was if Revlon was making a principal prepayment. And it appears that no mistake of the size or nature of Citibank's had ever happened before. Faced with these circumstances, the Non- Returning Lenders believed, and were justified in believing, that the payments were intentional. Indeed, to believe otherwise to believe that Citibank, one of the most sophisticated financial institutions in the world, had made a mistake that had never happened before, to the tune of nearly $1 billion would have been borderline irrational. Accordingly, and for the reasons discussed above, the Court holds that the August 11th wire transfers at issue were "final and complete transaction[s], not subject to revocation." Banque Worms, 570 N.E.2d at 196. That said, Defendants and their clients are not yet necessarily free to do with the money what they want. Given the possibility of appeal, Defendants agreed on the record at the close of trial that, in the event of a ruling in their favor on the merits, the temporary restraining orders currently in effect should remain in place until the parties could brief, and the Court could decide, what impact the ruling has on them. See Tr. 1333-35. Accordingly, unless and until the Court orders otherwise, the temporary restraining orders at ECF No. 25; 20-CV-6617, ECF No. 16; and 20- CV-6713, ECF No. 14, remain in effect on Defendants' consent. Judgment is entered in favor of the Defendants; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 2/16/2021) (Attachments: #1 Right to Appeal) (km)
February 16, 2021 Opinion or Order Filing 243 FINDINGS OF FACT AND CONCLUSIONS OF LAW. At its heart, this case involves a clash between two basic intuitive principles. On the one hand, if one party sends money to another by mistake, the latter should generally be required to give it back. On the other hand, if one party owes money to another and pays that money back to the penny, the latter should generally be allowed to keep and use the money as it wishes, without fear that the former will develop a case of borrower's remorse and claim that the payment was by mistake. How to reconcile these principles would be hard enough in the abstract. It is even harder in an age when money can be transmitted from one party to another instantaneously and investors can, and often do, redeploy available funds almost as quickly. Were the Court writing on a blank slate, it is far from clear that it would reconcile these principles in a way that allowed the Non-Returning Lenders to keep the money that Citibank indisputably transferred by mistake. After all, Citibank realized its error and notified the Lenders within one day, and there is no evidence or suggestion that, in the intervening hours, the Non- Returning Lenders relied to their detriment on the belief that the transfers were an intentional, albeit unexpected, paydown of the 2016 Term Loan. But the Court does not write on a blank slate. Instead, it is bound by the decisions of the New York Court of Appeals and the Second Circuit in Banque Worms. The New York Court of Appeals settled the question of whether lenders like those here must prove detrimental reliance in order to keep money that appears to be the payment on a bona fide debt. They do not. And in light of the Banque Worms opinions, the relevant time for evaluating whether a lender was on notice of a mistaken payment is clear. It is when the payment is received. These decisions compel the Court to conclude that the Non-Returning Lenders are entitled to keep the money that Citibank indisputably transferred by mistake on August 11, 2020. That is, for the reasons discussed above, the Court finds that the Non-Returning Lenders were not on notice of Citibank's mistake when they received the transfers. The transfers matched to the penny the amount of principal and interest outstanding on the loan. The accompanying notices referred to interest being "due," and the only way in which that would have been accurate was if Revlon was making a principal prepayment. And it appears that no mistake of the size or nature of Citibank's had ever happened before. Faced with these circumstances, the Non- Returning Lenders believed, and were justified in believing, that the payments were intentional. Indeed, to believe otherwise to believe that Citibank, one of the most sophisticated financial institutions in the world, had made a mistake that had never happened before, to the tune of nearly $1 billion would have been borderline irrational. Accordingly, and for the reasons discussed above, the Court holds that the August 11th wire transfers at issue were "final and complete transaction[s], not subject to revocation." Banque Worms, 570 N.E.2d at 196. The Clerk of Court is therefore directed to enter judgment in favor of Defendants and to close this case. That said, Defendants and their clients are not yet necessarily free to do with the money what they want. Given the possibility of appeal, Defendants agreed on the record at the close of trial that, in the event of a ruling in their favor on the merits, the temporary restraining orders currently in effect should remain in place until the parties could brief, and the Court could decide, what impact the ruling has on them. See Tr. 1333-35. Accordingly, unless and until the Court orders otherwise, the temporary restraining orders at ECF No. 25; 20-CV-6617, ECF No. 16; and 20-CV-6713, ECF No. 14, remain in effect on Defendants' consent. Counsel shall promptly confer and, within one week of the date of this ruling, submit a joint letter either indicating agreement with respect to the impact of this ruling on the temporary restraining orders (in which case, counsel shall also submit an agreed-upon proposed order consistent with their agreement) or proposing a briefing schedule to address the issue. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/16/21) (yv) Transmission to Orders and Judgments Clerk for processing.
February 16, 2021 Opinion or Order Terminate Transcript Deadlines (km)
January 22, 2021 Opinion or Order ***DELETED DOCUMENT. Deleted document number [235, 237,239, 241, 243] TRANSCRIPT. The document was incorrectly filed in this case. (kv)
January 22, 2021 Opinion or Order Filing 242 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 12/14/20 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...Filed In Associated Cases: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF, 1:20-cv-06713-JMF.(McGuirk, Kelly)
January 22, 2021 Opinion or Order Filing 240 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 12/11/20 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...Filed In Associated Cases: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF, 1:20-cv-06713-JMF.(McGuirk, Kelly)
January 22, 2021 Opinion or Order Filing 238 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 12/10/20 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...Filed In Associated Cases: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF, 1:20-cv-06713-JMF.(McGuirk, Kelly)
January 22, 2021 Opinion or Order Filing 236 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 12/9/20 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...Filed In Associated Cases: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF, 1:20-cv-06713-JMF.(McGuirk, Kelly)
December 18, 2020 Opinion or Order Filing 234 ANSWER to #193 Amended Complaint,. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert)
December 16, 2020 Opinion or Order Filing 233 ORDER granting #230 Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to make ECF No. 231 publicly available; ECF No. 231-1, however, shall remain under seal. The Clerk of Court is also directed to terminate ECF No. 230. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/16/20) (yv)
December 16, 2020 Opinion or Order Minute Entry for proceedings held before Judge Jesse M. Furman: Bench Trial completed on 12/16/2020. Court reporter present. -- Decision reserved. See transcript. (ab)
December 15, 2020 Opinion or Order Minute Entry for proceedings held before Judge Jesse M. Furman: Bench Trial held on 12/15/2020. Court reporter present. --See transcript. (ab)
December 15, 2020 Opinion or Order Filing 232 MEMO ENDORSEMENT: on re: #224 Letter filed by Citibank, N.A. ENDORSEMENT: SO ORDERED. (Signed by Judge Jesse M. Furman on 12/15/2020) (ama)
December 15, 2020 Opinion or Order Filing 231 ***SELECTED PARTIES*** LETTER addressed to Judge Jesse M. Furman from Benjamin I. Finestone dated December 15, 2020 re: Citizenship of Defendants. Document filed by Medalist Partners Corporate Finance LLC, HPS Investment Partners, LLC, Brigade Capital Management, LP, Citibank, N.A., Greywolf Loan Management LP, New Generation Advisors LLC, Bardin Hill Loan Management LLC, Allstate Investment Management Company, Symphony Asset Management LLC, ZAIS Group LLC, Tall Tree Investment Management LLC. (Attachments: #1 Appendix A)Motion or Order to File Under Seal: #230 .(Finestone, Benjamin)
December 15, 2020 Opinion or Order Filing 230 LETTER MOTION to Seal Appendix A addressed to Judge Jesse M. Furman from Benjamin I. Finestone dated December 15, 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, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Finestone, Benjamin)
December 15, 2020 Opinion or Order Filing 229 LETTER addressed to Judge Jesse M. Furman from Matthew D. Ingber dated December 15, 2020 re: Court Directed Supplemental Briefing. Document filed by Citibank, N.A...(Ingber, Matthew)
December 15, 2020 Opinion or Order Filing 228 LETTER addressed to Judge Jesse M. Furman from Benjamin I. Finestone dated December 15, 2020 re: Citizenship of Defendants. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC. (Attachments: #1 Appendix A - Filed Under Seal).(Finestone, Benjamin)
December 15, 2020 Opinion or Order Filing 227 SUPPLEMENTAL MEMORANDUM OF LAW . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert)
December 14, 2020 Opinion or Order Minute Entry for proceedings held before Judge Jesse M. Furman: Bench Trial held on 12/14/2020. Court reporter present. -- See transcript. (ab)
December 14, 2020 Opinion or Order Filing 226 DECLARATION of John Byrne . Document filed by Citibank, N.A...(Ingber, Matthew)
December 14, 2020 Opinion or Order Filing 225 DECLARATION of Mark A. Sunshine . Document filed by Citibank, N.A...(Ingber, Matthew)
December 14, 2020 Opinion or Order Filing 224 JOINT LETTER addressed to Judge Jesse M. Furman from Andrew Reynard and Anil Makhijani dated December 14, 2020 re: Revised Exhibit A to Joint Pretrial Order (ECF No. 144-1). Document filed by Citibank, N.A.. (Attachments: #1 Exhibit A).(Reynard, Andrew)
December 14, 2020 Opinion or Order Filing 223 JOINT STIPULATION AND ORDER. The parties stipulate: In addition to the two international wire transfers described in the Stipulation and Order dated December 9, 2020 (see ECF No. 209), another one of the wire transfers sent by Citibank, N.A. on August 11, 2020 in connection with the 2016 Revlon Term Loana $7,510,866.73 transfer directed to the Brigade-managed Mediolanum Best Brands, which is domiciled in Ireland-was wired to a bank account located in Luxembourg for the benefit of that Brigade-Managed fund. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/14/20) (yv)
December 13, 2020 Opinion or Order Filing 222 PROPOSED STIPULATION AND ORDER. Document filed by Citibank, N.A...(Reynard, Andrew)
December 11, 2020 Opinion or Order Filing 221 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/7/20 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...Filed In Associated Cases: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF, 1:20-cv-06713-JMF.(McGuirk, Kelly)
December 11, 2020 Opinion or Order Filing 220 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/7/2020 before Judge Jesse M. Furman. Court Reporter/Transcriber: Pamela Utter, (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 1/4/2021. Redacted Transcript Deadline set for 1/11/2021. Release of Transcript Restriction set for 3/11/2021.Filed In Associated Cases: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF, 1:20-cv-06713-JMF.(McGuirk, Kelly)
December 11, 2020 Opinion or Order Minute Entry for proceedings held before Judge Jesse M. Furman: Bench Trial held on 12/11/2020. -- See transcript. (ab)
December 10, 2020 Opinion or Order Minute Entry for proceedings held before Judge Jesse M. Furman: Bench Trial held on 12/10/2020. -- See transcript. (ab)
December 10, 2020 Opinion or Order Filing 219 DECLARATION of John Vaughan . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert)
December 10, 2020 Opinion or Order Filing 218 DECLARATION of Jeremy Phipps . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert)
December 10, 2020 Opinion or Order Filing 217 DECLARATION of Melross Meneses . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert)
December 10, 2020 Opinion or Order Filing 216 DECLARATION of William Lenga . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert)
December 10, 2020 Opinion or Order Filing 215 DECLARATION of Eric Lee . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert)
December 10, 2020 Opinion or Order Filing 214 DECLARATION of Michael Josephson . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert)
December 10, 2020 Opinion or Order Filing 213 DECLARATION of Frederick Baily Dent . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert)
December 10, 2020 Opinion or Order Filing 212 DECLARATION of Scott Caraher . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert)
December 9, 2020 Opinion or Order Minute Entry for proceedings held before Judge Jesse M. Furman: Bench Trial begun on 12/9/2020. Jack Baughman, Matthew Ingber, Christopher Houpt, and Richard Spehr present for Plaintiff. Robert Loigman, Benjamin Finestone, Adam Abensohn, and Sophia Qasir present for Defendants. Court reporter present. -- See transcript. (ab)
December 9, 2020 Opinion or Order Filing 211 DECLARATION of George Xanthakys . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert)
December 9, 2020 Opinion or Order Filing 210 DECLARATION of Catherine McCoy . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert)
December 9, 2020 Opinion or Order Filing 209 DECLARATION of John Greene . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert)
December 9, 2020 Opinion or Order Filing 208 DECLARATION of Scott Crocombe . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert)
December 9, 2020 Opinion or Order Filing 207 DECLARATION of Steven Abrams . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert)
December 9, 2020 Opinion or Order Filing 206 DECLARATION of Matt Perkal . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert)
December 9, 2020 Opinion or Order Filing 205 DECLARATION of Jeffrey Frusciante . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert)
December 9, 2020 Opinion or Order Filing 204 JOINT STIPULATION AND ORDER: The parties stipulate: 1. As indicated in PX 492 and PX 519, one of the wire transfers sent by Citibank,N.A. ("Citibank") on August 11, 2020 (the "August 11 Transfers")a $30,737,304.49 transfer directed to the HPS-managed GIM Credit Master Lux S..r.l.was wired to a bank account located in Luxembourg, where that entity is domiciled. 2. As indicated in PX 1598 and PX 123, another one of the August 11 Transfers sent by Citibanka $3,681,822.01 transfer directed to the Brigade-managed Future Directions Credit Opportunities Fundwas wired to a bank account in Australia for the benefit of that Brigade-managed fund. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/9/2020) (jca)
December 9, 2020 Opinion or Order Filing 202 DECLARATION of Pierto U. Vinella . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert)
December 9, 2020 Opinion or Order Filing 201 DECLARATION of Richard Bram Smith . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert)
December 8, 2020 Opinion or Order Filing 203 ENDORSED LETTER addressed to Judge Jesse M. Furman from Stephen Williams dated 12/7/2020 re: Counsel for non-party subpoena respondent Virtus Partners LLP writes with respect to the Courts order in the above-referenced case dated November 30, 2020 (the Order) (ECF No. 175.). ENDORSEMENT: As counsel provides no basis to keep this letter sealed (despite its being labeled "confidential"), the Clerk of Court is directed to docket it. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/8/2020) (ab)
December 8, 2020 Opinion or Order Filing 200 LETTER addressed to Judge Jesse M. Furman from John F. Baughman dated December 8, 2020 re: 902(11) Certifications (Response to Dkt. No. 188). Document filed by Citibank, N.A...(Reynard, Andrew)
December 8, 2020 Opinion or Order Filing 199 DECLARATION of Brendan Zeigon . Document filed by Citibank, N.A...(Ingber, Matthew)
December 8, 2020 Opinion or Order Filing 198 DECLARATION of Santhosh Kuppusamy Ravi . Document filed by Citibank, N.A...(Ingber, Matthew)
December 8, 2020 Opinion or Order Filing 197 DECLARATION of Arokia Raj . Document filed by Citibank, N.A...(Ingber, Matthew)
December 8, 2020 Opinion or Order Filing 196 DECLARATION of Vincent Fratta . Document filed by Citibank, N.A...(Ingber, Matthew)
December 8, 2020 Opinion or Order Filing 195 DECLARATION of Vincent Farrell . Document filed by Citibank, N.A...(Ingber, Matthew)
December 8, 2020 Opinion or Order Filing 194 PROPOSED STIPULATION AND ORDER. Document filed by Citibank, N.A...(Reynard, Andrew)
December 8, 2020 Opinion or Order Filing 193 AMENDED COMPLAINT amending #1 Complaint against Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC.Document filed by Citibank, N.A.. Related document: #1 Complaint..(Ingber, Matthew)
December 8, 2020 Opinion or Order Filing 192 ORDER regarding sealing and redacting of trial exhibits: On December 7, 2020, the Court received a letter by email from counsel for non-party subpoena respondent Virtus Partners LLP ("Virtus"), pursuant to ECF No. #175 . The letter - which will be docketed tomorrow - submits that various documents produced by Virtus to the parties and marked by one or both parties as trial exhibits "should remain confidential as originally designated" and that the parties "do not oppose this position or [Virtus's] requested treatment of the Exhibits." If or when any of these exhibits is offered into evidence at trial and becomes a "judicial document" subject to the presumption in favor of public access, the Court is skeptical that Virtus's proffered interests in confidentiality would justify sealing the exhibit in its entirety; at most, the Court would think, any sensitive information could and should be redacted from the publicly filed document. (The Court notes, in that regard, that exhibits offered at trial will not be filed on ECF; per the Court's Rules, they will be kept in the custody of the parties.) Counsel should be prepared to discuss this matter - as well as (1) a procedure for handling any of the exhibits at issue in the event that a party offers one into evidence and (2) how to handle requests for exhibits from members of the press or public - at the outset of the proceedings tomorrow. Counsel for Citibank shall immediately email a copy of this order to counsel for Virtus. If counsel for Virtus wishes to be heard in connection with the matter, the parties should make arrangements (with counsel and the Impact trial team) for counsel to appear (by video or telephone) tomorrow morning at 9 a.m. (HEREBY ORDERED by Judge Jesse M. Furman) (Text Only Order) (Furman, Jesse)
December 8, 2020 Opinion or Order Filing 191 ORDER: For the reasons set forth within, the case can proceed to trial as to those seven Defendants the parties have confirmed are completely diverse from Plaintiff (pursuant to 28 U.S.C. 1332), the Court is prepared to proceed with trial, subject to the following requirements and understandings to pin down the presence and basis for subject-matter jurisdiction as to each Defendant... (See ORDER.) (Signed by Judge Jesse M. Furman on 12/8/2020) (ab)
December 8, 2020 Opinion or Order Filing 190 LETTER addressed to Judge Jesse M. Furman from Benjamin I. Finestone dated December 8, 2020 re: Witness 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, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Finestone, Benjamin)
December 8, 2020 Opinion or Order Filing 189 JOINT STIPULATION AND ORDER. Subject to the Court's approval, the parties to the above-captioned litigation hereby stipulate: 1. Each of the trial exhibits from Plaintiff's Exhibit List as to which there is no objection, and is identified in Appendix A attached hereto, shall be admitted into evidence at the trial of this action. 2. Each of the trial exhibits from Defendants Exhibit List as to which there is no objection, and is identified in Appendix B attached hereto, shall be admitted into evidence at the trial of this action. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/8/20) (yv)
December 8, 2020 Opinion or Order Filing 188 LETTER addressed to Judge Jesse M. Furman from Sophia Qasir dated December 8, 2020 re: 902(11) Certifications. 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, 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 Certification from ZAIS Under Rule 902(11) of the Federal Rules of Evidence, #2 Exhibit B Certification from Allstate Under Rule 902(11) of the Federal Rules of Evidence).(Qasir, Sophia)
December 8, 2020 Opinion or Order Filing 187 JOINT LETTER addressed to Judge Jesse M. Furman from Sophia Qasir and Allison Zolot dated December 8, 2020 re: Evidentiary Issues. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, 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 - Proposed Stipulation and Order).(Qasir, Sophia)
December 8, 2020 Opinion or Order Filing 186 JOINT LETTER addressed to Judge Jesse M. Furman from Matthew D. Ingber and Benjamin I. Finestone dated December 8, 2020 re: Joint Letter Pursuant to Court's December 7, 2020 Order (ECF No. 182). Document filed by Citibank, N.A...(Ingber, Matthew)
December 7, 2020 Opinion or Order Filing 185 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/3/20 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...Filed In Associated Cases: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF, 1:20-cv-06713-JMF.(McGuirk, Kelly)
December 7, 2020 Opinion or Order Filing 184 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/3/2020 before Judge Jesse M. Furman. Court Reporter/Transcriber: Kelly Surina, (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 12/28/2020. Redacted Transcript Deadline set for 1/7/2021. Release of Transcript Restriction set for 3/8/2021.Filed In Associated Cases: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF, 1:20-cv-06713-JMF.(McGuirk, Kelly)
December 7, 2020 Opinion or Order Filing 183 ORDER. As discussed on the record earlier today at the final pretrial conference, the temporary restraining orders initially entered at ECF No. 25; 20-CV-6617, ECF No. 16; and 20-CV-6713, ECF No. 14, and subsequently extended through the date of trial, ECF No. 94, are hereby EXTENDED, on the consent of the parties, through the date the Court issues its Findings of Fact and Conclusions of Law following trial. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/7/20) Filed In Associated Cases: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF, 1:20-cv-06713-JMF (yv)
December 7, 2020 Opinion or Order Filing 182 ORDER, As the Court has already indicated, ECF No. 178, the trial beginning on December 9, 2020 at 9:00 a.m. will be conducted remotely using the Impact Trial Consulting Zoom platform in accordance with both the Court's order of November 24, 2020, ECF No. 168, and Rule 2(A) of the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/hon-jesse-m-furman. Participants with speaking roles should access the conference and trial using the login credentials and instructions provided to them by Impact. Members of the public may listen to the final pretrial conference and trial proceedings by calling the Court's dedicated conference call line at (888) 363-4749 and using access code 542-1540 followed by the pound (#) key. In addition, a video feed will be provided within the courthouse in the jury assembly room in the Daniel Patrick Moynihan Courthouse at 500 Pearl Street, New York, NY 10007. Members of the press should contact the District Executive's office at 212-805-0513 or Media_inquiries@nysd.uscourts.gov for further information. Further, as discussed on the record earlier today at the final pretrial conference: No later than 12:00 p.m., tomorrow, December 8, 2020, the parties shall file a joint letter on ECF (1) updating the Court as to the status of the investigation into the citizenship of the remaining two Defendants whose citizenship has not been determined (and providing the particulars of where that investigation stands if it is not yet complete); and (2) updating the Court on the status of the parties' discussions concerning certain objections for which an advance ruling was requested (namely, those pertaining to certifications under Fed. R. Evid. 902(11)). No later than 5:00 p.m., tomorrow, December 8, 2020, Defendants shall file a letter with their intended order of witnesses to be called in their case in chief. No later than 5:00 p.m., tomorrow, December 8, 2020, the parties shall send the court reporters a list of names likely to come up during trial. The parties shall file the affidavits submitted by their witnesses in lieu of direct testimony no later than the morning of the day such witness will testify. SO ORDERED. ( Telephone Conference set for 12/9/2020 at 09:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 12/7/20) (yv)
December 7, 2020 Opinion or Order Filing 181 JOINT PRE-TRIAL ORDER: The Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. 1332(a)(1) because the amount in controversy exceeds $75,000 and the parties are citizens of different states. Defendants do not dispute subject matter jurisdiction. Pursuant to Paragraph 8(e) of the Scheduling Order (Dkt. No. 41) and Paragraph 5.E.ii of the Court' Individual Rules and Practices in Civil Cases, the parties have served separately their deposition designations, counter-designations, objections and a one-page synopsis (with transcript citations) of their affirmative designations on each other and have also emailed them to the Court. Attached as Exhibits B.1 and B.2 are charts setting out the parties' deposition designations, counter-designations and objections. Th is Order (and the attachments, which appear as exhibits to ECF No. 144) are adopted by the Court, as modified by any rulings that the Court has made (at the final pretrial conference and before). (And as further set forth herein.) SO ORDERED. (Signed by Judge Jesse M. Furman on 12/7/2020) (jca)
December 7, 2020 Opinion or Order Filing 180 NOTICE OF APPEARANCE by Hannah Cherokee Banks on behalf of Citibank, N.A...(Banks, Hannah)
December 7, 2020 Opinion or Order Minute Entry for proceedings held before Judge Jesse M. Furman:Final Pretrial Conference held via videoconference on 12/7/2020. Jack Baughman, Matt Ingber, Chris Houpt, and Richard Spehr present for Plaintiff. Robert Loigman, Benjamin Finestone, Adam Abensohn, and Sophia Qasir present for Defendants. Court reporter present. (ab)
December 4, 2020 Opinion or Order Filing 179 LETTER addressed to Judge Jesse M. Furman from Benjamin I. Finestone dated December 4, 2020 re: the Court's Order dated December 2, 2020 (ECF No. 177). Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Finestone, Benjamin)
December 4, 2020 Opinion or Order Filing 178 ORDER: Both the final pretrial conference scheduled for December 7, 2020 at 10:00 a.m. and the trial beginning on December 9, 2020 at 9:00 a.m. will be conducted remotely using the Impact Trial Consulting Zoom platform in accordance with both the Courts order of November 24, 2020, ECF No. 168, and Rule 2(A) of the Court's Emergency Individual Rules and Practices in Light of COVID-19... Members of the public may listen to the final pretrial conference and trial proceedings by calling the Courts dedicated conference call line at (888) 363-4749 and using access code 542-1540 followed by the pound (#) key. In addition, a video feed will be provided within the courthouse to in-house press upon request. Members of the press should contact the District Executive's office at 212-805-0513 or Media_inquiries@nysd.uscourts.gov for further information. (See ORDER.) (Signed by Judge Jesse M. Furman on 12/4/2020) (ab)
December 3, 2020 Opinion or Order Minute Entry for proceedings held before Judge Jesse M. Furman: Status Conference held via teleconference on 12/3/2020. Jack Baughman, Matt Inger, and Chris Houpt present for Plaintiff. Robert Loigman, Benjamin Finestone, and Adam Abensohn present for Defendants. (ab)
December 2, 2020 Opinion or Order Filing 177 ORDER, In preparing for trial, the Court has come to the conclusion that there is a potential jurisdictional problem that, regrettably, the parties and the Court previously overlooked as further set forth in this Order. Although the Court overlooked the issue until now, the third Complaint plainly fails to comply with these rules. Specifically, it alleges that the named Defendants are either LLCs or LPs, but it fails to allege the citizenship of Defendants' members and partners. And upon reflection, while the first and second Complaints allege that the named Defendants are "corporations" (and would properly plead their citizenship if they were, in fact, corporations), it is pretty clear from their names that they too are LLCs. Thus, at present, Citibank has not established that this Court has subject-matter jurisdiction. If the parties are able to swiftly confirm that they are actually completely diverse and the problem is merely one of pleading, it may have no bearing on the trial date. But, mindful that Court has an independent obligation to confirm its jurisdiction at all times and that subject-matter jurisdiction is not waivable (and may be raised even after judgment), the Court is not prepared to make matters worse by commencing trial if the issue is in doubt. And, of course, if there is no diversity, the Court would have no choice but to dismiss the case without prejudice. Counsel should be prepared to address these issues during the telephone conference scheduled for tomorrow. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/2/20) (yv)
December 2, 2020 Opinion or Order Filing 176 ORDER. Upon review of the parties pre-trial submissions, the Court remains concerned that, because the lenders and actual recipients of the funds at issue are not parties in this case, there is a real risk of future litigation, whatever the outcome of the upcoming trial may be. To address that concern, counsel shall appear for a telephone conference tomorrow, December 3, 2020 at 12:00 p.m. Counsel should be prepared to address whether, or in what way, Rule 19 of the Federal Rules of Civil Procedures has any bearing on the matter. By 5:00 p.m. today, 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. 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. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/2/20) (yv)
November 30, 2020 Opinion or Order Filing 175 ORDER ESTABLISHING PROCEDURES FOR REDACTION OF TRIAL EXHIBITS: This action is scheduled for a bench trial to begin on December 9, 2020. Pursuant to this Order, and after due deliberation, this Court adopts the following procedures to ensure public access to exhibits which are introduced into evidence during the trial. IT IS HEREBY ORDERED THAT: 1. By November 30, 2020, the parties shall identify to relevant third parties, exhibits that are included on their respective exhibit lists that were produced by that third party. 2. By December 3, 2020, any party or third party that believes any document identified on either party's exhibit list should remain under seal or be made available to the public in redacted form, shall identify such exhibits to the parties and provide the parties with (a) a redacted copy of the document and (b) a highlighted copy of the document that identifies the redacted portion, as further set forth in this Order. (Signed by Judge Jesse M. Furman on 11/25/2020) (mml)
November 26, 2020 Opinion or Order Filing 174 ORDER re: #173 Letter and Proposed Order: The parties are advised that the Court has signed their proposed order - although it will not be docketed until November 30, 2020, when the Clerk's Office reopens. Accordingly, the parties are required to comply with the November 30th deadlines. The Court wishes all counsel a very happy Thanksgiving. (HEREBY ORDERED by Judge Jesse M. Furman) (Text Only Order) (Furman, Jesse)
November 25, 2020 Opinion or Order Filing 173 JOINT LETTER addressed to Judge Jesse M. Furman from All Parties dated November 25, 2020 re: Joint Letter per Court's November 18, 2020 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, 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).(Makhijani, Anil)
November 25, 2020 Opinion or Order Filing 172 BRIEF of Amici Curae. Document filed by The Bank Policy Institute, The Clearing House Association LLC, The Clearing House Payments Company LLC..(Snyder, Theodore)
November 25, 2020 Opinion or Order Filing 171 BRIEF of Amicus Curiae in Support of Plaintiff. Document filed by Loan Syndications and Trading Association..(Mann, Ronald)
November 25, 2020 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Ronald J Mann to RE-FILE Document #170 MOTION to File Amicus Brief in Support of Plaintiff. Use the event type Brief found under the event list Other Documents. (ldi)
November 24, 2020 Opinion or Order Filing 170 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to File Amicus Brief in Support of Plaintiff. Document filed by Loan Syndications and Trading Association..(Mann, Ronald) Modified on 11/25/2020 (ldi).
November 24, 2020 Opinion or Order Filing 169 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to File Amicus Brief . Document filed by The Bank Policy Institute, The Clearing House Association LLC, The Clearing House Payments Company LLC..(Snyder, Theodore) Modified on 11/24/2020 (kj).As per email request.
November 24, 2020 Opinion or Order Filing 168 ORDER. Upon review of the parties' letters, see ECF Nos. 137, 140, the Court concludes that Impact Trial Consulting should be used to facilitate the remote trial proceedings in this case. The parties shall promptly confer with each other and contact Impact Trial Consulting to make the necessary arrangements, including appropriate testing of the platform before trial. The contact information for Impact Trial Consulting is as further set forth in this Order. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/24/20) (yv)
November 24, 2020 Opinion or Order Filing 167 ORDER granting #157 and #160 Motions for Leave to File Amicus Briefs. Given that Defendants have already filed over 125 pages of pre-trial briefing, see ECF Nos. #145 and #163 , it is not clear that there is a need or basis for them to respond to the submissions of amici. If Defendants believe otherwise and would like an opportunity to respond with a short submission, they shall file a letter motion to that effect. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
November 23, 2020 Opinion or Order Filing 166 LETTER addressed to Judge Jesse M. Furman from Christopher J. Houpt dated November 23, 2020 re: in support of motions for leave to file amicus briefs #157 and #160 and in response to the preemptive opposition filed by Defendants #154 . Document filed by Citibank, N.A...(Houpt, Christopher)
November 23, 2020 Opinion or Order Filing 165 ORDER ESTABLISHING REMOTE BENCH TRIAL PROCEDURES FOR TRIAL. IT IS HEREBY ORDERED THAT:1. Prior Orders and Individual Practices. This Order shall supplement and not supersede the Court's (a) prior Orders setting trial-related procedures and deadlines, (b) Individual Rules and Practices, and (c) Emergency Individual Rules and Practices, all of which remain in effect unless expressly stated herein to the contrary. 2. Telephonic and Videoconferencing Solutions. The Trial shall take place using both telephonic and videoconferencing solutions as set forth herein. This case will be tried to the Court without a jury and entirely by remote means utilizing the platform identified by the Court ("Zoom"), which will be hosted by independent third-party vendor to be determined. The public will be able to observe the trial via an audio-only dial-in number and/or video link, at the Court's discretion, that will be provided on the docket. The Court shall provide the Zoom link to the persons whom the parties identified as Zoom participants according to paragraph 3 below. All counsel and witnesses to participate via Zoom shall participate in appropriate pre-Trial testing of Zoom as may be directed by the Court. During the course of the trial, witnesses appearing via Zoom shall use the Zoom link provided by the Court only at the time they are testifying. 3. Prior Notice of Intent to Zoom. The parties shall provide the Court with a list of the names of all attorneys and witnesses who will attend the Trial via Zoom by no later than three (3) business days before the pre-Trial testing referenced in Paragraph 2. For witnesses, the party offering the witness shall be responsible for ensuring that the witness is given the appropriate Zoom link and as further set forth in this Order. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/23/20) (yv)
November 20, 2020 Opinion or Order Filing 164 REPLY MEMORANDUM OF LAW in Support re: #143 Proposed Findings of Fact . Document filed by Citibank, N.A...(Ingber, Matthew)
November 20, 2020 Opinion or Order Filing 163 REPLY re: #143 Proposed Findings of Fact and Conclusions of Law. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert)
November 20, 2020 Opinion or Order Filing 162 LETTER addressed to Judge Jesse M. Furman from Robert S. Loigman dated November 20, 2020 re: Defendants' objections to Citibank's witness declarations, pursuant to ECF No. 139. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC. (Attachments: #1 Defendants' Objections to Citibank's Witness Declarations).(Loigman, Robert)
November 20, 2020 Opinion or Order Filing 161 LETTER addressed to Judge Jesse M. Furman from John F. Baughman dated 11/20/2020 re: Objections to Direct Testimony Declarations. Document filed by Citibank, N.A.. (Attachments: #1 Exhibit A -- Citibank's Objections).(Reynard, Andrew)
November 20, 2020 Opinion or Order Filing 160 LETTER MOTION for Leave to File Proposed Amicus Brief on behalf of The Clearing House Association LLC, The Clearing House Payments Company LLC and the Bank Policy Institute (BPI) (collectively, Amici) addressed to Judge Jesse M. Furman from Theodore R. Snyder dated November 20, 2020. Document filed by The Bank Policy Institute, The Clearing House Association LLC, The Clearing House Payments Company LLC..(Snyder, Theodore)
November 20, 2020 Opinion or Order Filing 159 NOTICE OF APPEARANCE by Cameron S. Matheson on behalf of The Bank Policy Institute, The Clearing House Association LLC, The Clearing House Payments Company LLC..(Matheson, Cameron)
November 20, 2020 Opinion or Order Filing 158 NOTICE OF APPEARANCE by Theodore R. Snyder on behalf of The Clearing House Association LLC, The Clearing House Payments Company LLC, The Bank Policy Institute..(Snyder, Theodore)
November 20, 2020 Opinion or Order Filing 157 MOTION for Leave to File Amicus Brief in Support of Plaintiff. Document filed by Loan Syndications and Trading Association..(Mann, Ronald)
November 19, 2020 Opinion or Order Filing 156 PROPOSED STIPULATION AND ORDER. Document filed by Citibank, N.A...(Reynard, Andrew)
November 19, 2020 Opinion or Order Filing 155 ORDER denying #154 Letter Motion for Conference. Application DENIED. The Court sees no need for a conference. No amicus brief may be filed without leave of court; as of this moment, no motion for such leave has been filed. If a motion for such leave is filed by either of the amici referenced above, the Court will treat this letter as Defendants' opposition to the motion. In that event, Plaintiff may file a letter responding to Defendants' letter within one business day of the motion for leave to file as amicus. The Clerk of Court is directed to terminate ECF No. 154. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/19/20) (yv)
November 19, 2020 Opinion or Order Filing 154 LETTER MOTION for Conference regarding the request and/or prohibition of the filing of proposed amicus curiae submissions addressed to Judge Jesse M. Furman from Adam M. Abensohn dated November 19, 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, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Abensohn, Adam)
November 18, 2020 Opinion or Order Filing 153 MEMORANDUM OPINION AND ORDER re: #141 LETTER MOTION to Seal portions of a document addressed to Judge Jesse M. Furman from Robert S. Loigman dated November 13, 2020. filed by Greywolf Loan Management LP, Allstate Investment Management Company, Medalist Partners Corporate Finance LLC, Tall Tree Investment Management LLC, New Generation Advisors LLC, Brigade Capital Management, LP, ZAIS Group LLC, Symphony Asset Management LLC, HPS Investment Partners, LLC, Bardin Hill Loan Management LLC. In light of the foregoing and to ensure that the Court resolves any issues regarding public access to trial exhibits in a timely fashion, the parties are hereby ORDERED to confer with one another and any relevant third parties (including but not limited to Revlon) with respect to how to handle public access issues for exhibits offered or admitted at trial that is, both (1) how to promptly make any such documents available to members of the public and the press if requested; and (2) how to address any claim by a party (or third party) that information or material in a trial exhibit should remain sealed or redacted. In particular, the parties should propose a procedure to ensure that where a party believes that information relevant to the issues in the case should nevertheless remain under seal or be filed in redacted form, that party can be heard on the issue in a timely manner (ideally before trial or, at a minimum, before the document or information is offered or admitted at trial). The parties should file a joint letter proposing how to handle these issues (along with a proposed order, if appropriate) by November 25, 2020. The Clerk of Court is directed to terminate ECF No. 141 and to unseal (that is, convert to public view, with no restrictions) ECF No. 145. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/18/20) (yv)
November 16, 2020 Opinion or Order Filing 152 LETTER addressed to Judge Jesse M. Furman from William Clareman dated November 16, 2020 re: Letter Motion to Seal portions of a document (ECF No. 141). Document filed by Revlon, Inc., Revlon Consumer Products Corporation..(Clareman, William)
November 16, 2020 Opinion or Order Filing 151 LETTER RESPONSE to Motion addressed to Judge Jesse M. Furman from Christopher J. Houpt dated 11/16/2020 re: #141 LETTER MOTION to Seal portions of a document addressed to Judge Jesse M. Furman from Robert S. Loigman dated November 13, 2020. . Document filed by Citibank, N.A...(Houpt, Christopher)
November 16, 2020 Opinion or Order Filing 150 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/9/20 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)
November 16, 2020 Opinion or Order Filing 149 TRANSCRIPT of Proceedings re: CONFERENCE held on 11/9/2020 before Judge Jesse M. Furman. Court Reporter/Transcriber: Karen Gorlaski, (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 12/7/2020. Redacted Transcript Deadline set for 12/17/2020. Release of Transcript Restriction set for 2/16/2021..(McGuirk, Kelly)
November 16, 2020 Opinion or Order Filing 148 ORDER granting #147 Motion for Ronald Joseph Mann to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
November 16, 2020 Opinion or Order Filing 147 MOTION for Ronald Joseph Mann to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22600187. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Loan Syndications and Trading Association..(Mann, Ronald)
November 16, 2020 Opinion or Order Filing 146 NOTICE OF APPEARANCE by Brendan Thomas Carroll on behalf of Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Carroll, Brendan)
November 16, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #147 MOTION for Ronald Joseph Mann to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22600187. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
November 14, 2020 Opinion or Order Filing 145 ***SELECTED PARTIES***PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Bardin Hill Loan Management LLC, Medalist Partners Corporate Finance LLC, Allstate Investment Management Company, HPS Investment Partners, LLC, Brigade Capital Management, LP, ZAIS Group LLC, Symphony Asset Management LLC, Greywolf Loan Management LP, New Generation Advisors LLC, Tall Tree Investment Management LLC, Citibank, N.A..Motion or Order to File Under Seal: #141 .(Loigman, Robert)
November 14, 2020 Opinion or Order Filing 144 JOINT PRELIMINARY TRIAL REPORT. Document filed by Citibank, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B.1, #3 Exhibit B.2, #4 Exhibit C.1, #5 Exhibit C.2, #6 Exhibit D).(Reynard, Andrew)
November 14, 2020 Opinion or Order Filing 143 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Citibank, N.A...(Ingber, Matthew)
November 13, 2020 Opinion or Order Filing 142 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, 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-1, #2 Exhibit A-2, #3 Exhibit B).(Loigman, Robert)
November 13, 2020 Opinion or Order Filing 141 LETTER MOTION to Seal portions of a document addressed to Judge Jesse M. Furman from Robert S. Loigman dated November 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, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert)
November 10, 2020 Opinion or Order Filing 140 LETTER addressed to Judge Jesse M. Furman from Benjamin I. Finestone dated November 10, 2020 re: Response to Citibank's Letter of November 9, 2020 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, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Finestone, Benjamin)
November 10, 2020 Opinion or Order Filing 139 ORDER. In connection with the submissions due November 13, 2020, the parties may file a list identifying any evidence to which the parties stipulate to admissibility. No later than November 19, 2020, the parties shall file a proposed agreed-upon order governing protocols for trial (e.g., how impeachment materials are to be provided). (The parties shall file it on ECF and, the same day, email a Microsoft Word version to the Court.) If the parties are unable to agree, in whole or in part, they shall include a redline identifying areas of disagreement. The parties shall include in this filing a revised estimate of the length of trial. No later than November 20, 2020, each side shall file, with respect to each direct testimony declaration submitted by the opposing side, a chart with three columns: (1) listing any paragraph number of the declaration to which the side objects; (2) the text of the paragraph subject to objection; and (3) the basis for the objection. The parties should be prepared for trial to be held from 9:00 a.m. to 5:00 p.m. each day. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/10/20) (yv)
November 10, 2020 Opinion or Order Filing 138 ORDER regarding #137 Letter filed by Citibank, N.A. re Trial Technology. If Defendants object to any of the platforms proposed by Plaintiff, they shall submit a letter describing their objections no later than 5 p.m. today. (HEREBY ORDERED by Judge Jesse M. Furman) (Text Only Order) (Furman, Jesse)
November 9, 2020 Opinion or Order Minute Entry for proceedings held before Judge Jesse M. Furman: Conference held via teleconference on 11/9/2020. Jack Baughman, Matt Ingber, and Chris Houpt present for the Plaintiff. Robert Loigman, Benjamin Finestone, Adam Abensohn, and Michael Carlinsky present for the Defendants. Court reporter present. (ab)
November 9, 2020 Opinion or Order Filing 137 LETTER addressed to Judge Jesse M. Furman from John F. Baughman dated November 9, 2020 re: Trial Technology. Document filed by Citibank, N.A...(Baughman, John)
November 6, 2020 Opinion or Order Filing 136 MEMO ENDORSEMENT on re: #135 Letter filed by Citibank, N.A., ENDORSEMENT: The Court is currently conducting a fully remote bench trial --- using TrialGraphix, which is a zoom-based platform --- and it has worked remarkably well. If both sides consent, the Court would be inclined to do the same here given the public health situation and the fact that it appears to be getting worse rather than better. The parties should look at the Court's trial procedures order in the case currently on trial, see 15-CV-6605, ECF No. 239, and confer with one another before appearing for a telephone conference with the Court on November 9, 2020, at 3:30 p.m. No later than November 9, 2020, at 10 a.m., 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. 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. The Court will be prepared to address other aspects of the trial during the conference, but to answer counsel's question: In light of the written pretrial materials that the parties will be submitting, the Court does not intend to have opening statements from counsel. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/6/2020) ( Telephone Conference set for 11/9/2020 at 03:30 PM before Judge Jesse M. Furman.) (ks)
November 4, 2020 Opinion or Order Filing 135 LETTER addressed to Judge Jesse M. Furman from John F. Baughman dated November 4, 2020 re: Trial Procedures. Document filed by Citibank, N.A...(Baughman, John)
October 29, 2020 Opinion or Order Filing 134 ORDER denying #124 Letter Motion to Seal. In light of Symphony's response, see ECF No. 132, the request to seal is DENIED. Citibank is cautioned that future failures to provide Defendants with a meaningful opportunity to review proposed sealing or redactions, or to actually confer when required by the Court's rules, may result in sanctions. The Clerk of Court is directed to terminate ECF No. 124 and to convert ECF No. 126 to public view with no restrictions on access. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/29/2020) (ks)
October 29, 2020 Opinion or Order Filing 133 ORDER denying #125 Letter Motion to Compel. Citibank's letter-motion is denied, substantially for the reasons set forth in Symphony's response. Put simply, viewing the two transcripts together, the Court cannot conclude that Symphony's Rule 30(b)(6) witnesses were so unprepared as to warrant relief, particularly in light of the accommodations that Symphony gave (or offered) to Citibank. And the requests for documents are moot given the Symphony represents it has provided, or will provide, them to Citibank. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
October 27, 2020 Opinion or Order Filing 132 RESPONSE re: #124 LETTER MOTION to Seal Motion to Compel re Symphony Deposition addressed to Judge Jesse M. Furman from John F. Baughman dated 10/23/20. . 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, 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).(Abensohn, Adam)
October 27, 2020 Opinion or Order Filing 131 RESPONSE re: #126 LETTER MOTION to Compel Symphony Asset Management, LLC to Produce 30(b)(6) Witness and Documents addressed to Judge Jesse M. Furman from John F. Baughman dated 10/23/20. . 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, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Abensohn, Adam)
October 26, 2020 Opinion or Order Filing 130 ANSWER to #1 Complaint. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Greywolf Loan Management LP, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert)
October 26, 2020 Opinion or Order Filing 129 ANSWER to #1 Complaint. Document filed by HPS Investment Partners, LLC, Symphony Asset Management LLC..(Loigman, Robert)
October 26, 2020 Opinion or Order Filing 128 ANSWER to #1 Complaint. Document filed by Brigade Capital Management, LP..(Loigman, Robert)
October 26, 2020 Opinion or Order Filing 127 ORDER with respect to #125 Letter Motion to Compel. Symphony Asset Management, LLC shall file any response by tomorrow, October 27, 2020. In light of the protective order and the timing of the transcript preparation, any party that believes the motion to seal should be granted shall show cause why doing so is consistent with the presumption in favor of public access to judicial documents no later November 2, 2020. The motion is granted temporarily until that date (and any ruling on a motion filed by that date). If no motion is filed by that date, the motion to seal beyond that will be denied without notice to the parties. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
October 23, 2020 Opinion or Order Filing 126 ***SELECTED PARTIES*** LETTER MOTION to Compel Symphony Asset Management, LLC to Produce 30(b)(6) Witness and Documents addressed to Judge Jesse M. Furman from John F. Baughman dated 10/23/20. Document filed by Citibank, N.A., Symphony Asset Management LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)Motion or Order to File Under Seal: #124 .(Reynard, Andrew)
October 23, 2020 Opinion or Order Filing 125 LETTER MOTION to Compel Symphony Asset Management, LLC to Produce 30(b)(6) Witness and Documents addressed to Judge Jesse M. Furman from John F. Baughman dated 10/23/20. Document filed by Citibank, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Reynard, Andrew)
October 23, 2020 Opinion or Order Filing 124 LETTER MOTION to Seal Motion to Compel re Symphony Deposition addressed to Judge Jesse M. Furman from John F. Baughman dated 10/23/20. Document filed by Citibank, N.A...(Reynard, Andrew)
October 20, 2020 Opinion or Order Filing 123 MEMO ENDORSEMENT on re: #116 Response to Motion,,, filed by Citibank, N.A. ENDORSEMENT: Defendants' motion to compel is DENIED. Putting aside whether Plaintiff has already produced the materials and information at issue, the Court agrees that what other parties may or may not have known is irrelevant to what Defendants may or may not have known. (To be clear, what is good for the goose is good for the gander, which is to say that Plaintiff will not be permitted to introduce such evidence either --- any allegations in its Complaint notwithstanding.) SO ORDERED. (Signed by Judge Jesse M. Furman on 10/20/20) (yv)
October 20, 2020 Opinion or Order Filing 122 ORDER denying #115 Letter Motion to Seal. In light of this, the motion to seal is denied. The Clerk of Court is directed to terminate ECF No. 115 and to convert ECF No. 116 to unrestricted public view. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/20/20) (yv)
October 20, 2020 Opinion or Order Filing 121 MEMO ENDORSEMENT on re: #119 Letter requesting Court disregard ECF No. 118 filed by Citibank, N.A. ENDORSEMENT : Application GRANTED. As the Court's Individual Rules and Practices do not provide for replies in connection with discovery disputes, and Defendants did not obtain leave to file a reply, the Court will disregard ECF No. 118. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/20/20) (yv)
October 19, 2020 Opinion or Order Filing 120 LETTER RESPONSE to Motion addressed to Judge Jesse M. Furman from Adam M. Abensohn dated October 19, 2020 re: #115 LETTER MOTION to Seal Response to Motion to Compel addressed to Judge Jesse M. Furman from Christopher J. Houpt dated 10/16/20. . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Abensohn, Adam)
October 19, 2020 Opinion or Order Filing 119 LETTER addressed to Judge Jesse M. Furman from Christopher J. Houpt dated October 19, 2020 re: Letter requesting Court disregard or strike ECF No. 118. Document filed by Citibank, N.A...(Houpt, Christopher)
October 18, 2020 Opinion or Order Filing 118 LETTER addressed to Judge Jesse M. Furman from Adam M. Abensohn dated October 18, 2020 re: Response to ECF No. 116 and in support of ECF No. 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. 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, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Abensohn, Adam)
October 16, 2020 Opinion or Order Filing 117 LETTER RESPONSE to Motion addressed to Judge Jesse M. Furman from Christopher J. Houpt dated 10/16/20 re: #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. . Document filed by Citibank, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Houpt, Christopher)
October 16, 2020 Opinion or Order Filing 116 ***SELECTED PARTIES***LETTER RESPONSE to Motion addressed to Judge Jesse M. Furman from Christopher J. Houpt dated 10/16/20 re: #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. . Document filed by Citibank, N.A., Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, 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, #2 Exhibit B, #3 Exhibit C)Motion or Order to File Under Seal: #109 .(Houpt, Christopher)
October 16, 2020 Opinion or Order Filing 115 LETTER MOTION to Seal Response to Motion to Compel addressed to Judge Jesse M. Furman from Christopher J. Houpt dated 10/16/20. Document filed by Citibank, N.A...(Houpt, Christopher)
October 15, 2020 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 14, 2020 Opinion or Order ***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 13, 2020 Opinion or Order 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 Opinion or Order 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 Opinion or Order Filing 106 NOTICE OF APPEARANCE by Richard A. Spehr on behalf of Citibank, N.A...(Spehr, Richard)
October 6, 2020 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order Filing 79 PROPOSED STIPULATION AND ORDER. Document filed by Citibank, N.A...(Ingber, Matthew)
September 21, 2020 Opinion or Order Filing 78 PROPOSED STIPULATION AND ORDER. Document filed by Citibank, N.A...(Ingber, Matthew)
September 21, 2020 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order Filing 61 NOTICE OF APPEARANCE by Andrew Hunter Reynard on behalf of Citibank, N.A...(Reynard, Andrew)
September 1, 2020 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order Filing 51 PROPOSED STIPULATION AND ORDER. Document filed by Citibank, N.A...(Ingber, Matthew)
August 28, 2020 Opinion or Order 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 Opinion or Order ***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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order Filing 43 NOTICE OF APPEARANCE by Allison Joan Zolot on behalf of Citibank, N.A...(Zolot, Allison)
August 24, 2020 Opinion or Order 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 Opinion or Order 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 Opinion or Order Filing 40 NOTICE OF APPEARANCE by Alina Artunian on behalf of Citibank, N.A...(Artunian, Alina)
August 21, 2020 Opinion or Order 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 Opinion or Order Filing 38 NOTICE OF APPEARANCE by Anil Makhijani on behalf of HPS Investment Partners, LLC, Symphony Asset Management LLC..(Makhijani, Anil)
August 21, 2020 Opinion or Order Filing 37 NOTICE OF APPEARANCE by Bennett Murphy on behalf of HPS Investment Partners, LLC, Symphony Asset Management LLC..(Murphy, Bennett)
August 21, 2020 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order Filing 31 NOTICE OF APPEARANCE by Nathaniel Ethan Marmon on behalf of Citibank, N.A...(Marmon, Nathaniel)
August 21, 2020 Opinion or Order Filing 30 NOTICE OF APPEARANCE by John Frederick Baughman on behalf of Citibank, N.A...(Baughman, John)
August 21, 2020 Opinion or Order Filing 29 NOTICE OF APPEARANCE by Anil Makhijani on behalf of Brigade Capital Management, LP..(Makhijani, Anil)
August 19, 2020 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 18, 2020 Opinion or Order ***DELETED DOCUMENT. Deleted document number #26 ELECTRONIC SUMMONS ISSUED. The document was incorrectly filed in this case. (dnh)
August 18, 2020 Opinion or Order 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 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 Opinion or Order Filing 20 NOTICE OF APPEARANCE by Zachary Ryan Russell on behalf of Brigade Capital Management, LP..(Russell, Zachary)
August 17, 2020 Opinion or Order Filing 19 NOTICE OF APPEARANCE by Robert Scott Loigman on behalf of Brigade Capital Management, LP..(Loigman, Robert)
August 17, 2020 Opinion or Order Filing 18 NOTICE OF APPEARANCE by Michael Barry Carlinsky on behalf of Brigade Capital Management, LP..(Carlinsky, Michael)
August 17, 2020 Opinion or Order Filing 17 NOTICE OF APPEARANCE by Bennett Murphy on behalf of Brigade Capital Management, LP..(Murphy, Bennett)
August 17, 2020 Opinion or Order Filing 16 NOTICE OF APPEARANCE by Benjamin Isidore Finestone on behalf of Brigade Capital Management, LP..(Finestone, Benjamin)
August 17, 2020 Opinion or Order Filing 15 NOTICE OF APPEARANCE by Adam Michael Abensohn on behalf of Brigade Capital Management, LP..(Abensohn, Adam)
August 17, 2020 Opinion or Order Filing 14 ELECTRONIC SUMMONS ISSUED as to Brigade Capital Management, LP..(jgo)
August 17, 2020 Opinion or Order Filing 13 NOTICE OF APPEARANCE by Luc W. M. Mitchell on behalf of Citibank, N.A...(Mitchell, Luc)
August 17, 2020 Opinion or Order Filing 12 NOTICE OF APPEARANCE by Anjanique Maria Watt on behalf of Citibank, N.A...(Watt, Anjanique)
August 17, 2020 Opinion or Order Filing 11 NOTICE OF APPEARANCE by Michael Evan Rayfield on behalf of Citibank, N.A...(Rayfield, Michael)
August 17, 2020 Opinion or Order Filing 10 NOTICE OF APPEARANCE by Christopher James Houpt on behalf of Citibank, N.A...(Houpt, Christopher)
August 17, 2020 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order 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 Opinion or Order Filing 5 EMERGENCY MOTION for Temporary Restraining Order . Document filed by Citibank, N.A...(Ingber, Matthew)
August 17, 2020 Opinion or Order 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 Opinion or Order 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 Opinion or Order Filing 2 CIVIL COVER SHEET filed..(Ingber, Matthew)
August 17, 2020 Opinion or Order 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)
August 17, 2020 Opinion or Order 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 Opinion or Order ***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 Opinion or Order Case Designated ECF. (jgo)

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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
Represented By: Brendan Thomas Carroll
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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
Represented By: Brendan Thomas Carroll
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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
Represented By: Brendan Thomas Carroll
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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
Represented By: Brendan Thomas Carroll
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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
Represented By: Brendan Thomas Carroll
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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
Represented By: Brendan Thomas Carroll
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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
Represented By: Brendan Thomas Carroll
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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
Represented By: Brendan Thomas Carroll
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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
Represented By: Brendan Thomas Carroll
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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
Represented By: Brendan Thomas Carroll
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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
Represented By: Nicole A. Saharsky
Represented By: Hannah Cherokee Banks
Represented By: Neal Kumar Katyal
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Interested party: Revlon Consumer Products Corporation
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Interested party: Revlon, Inc.
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Amicus curiae: The Clearing House Association LLC
Represented By: Theodore R. Snyder
Represented By: Cameron S. Matheson
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Amicus curiae: The Bank Policy Institute
Represented By: Theodore R. Snyder
Represented By: Cameron S. Matheson
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Amicus curiae: Loan Syndications and Trading Association
Represented By: Ronald J Mann
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Amicus curiae: The Clearing House Payments Company LLC
Represented By: Theodore R. Snyder
Represented By: Cameron S. Matheson
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