Citibank, N.A. v. Bardin Hill Loan Management LLC et al
| Citibank, N.A. |
| ZAIS Group LLC, Bardin Hill Loan Management LLC, Highland Capital Management Fund Advisors LP, Greywolf Loan Management LP, Allstate Investment Management Company, Medalist Partners Corporate Finance LLC, Investcorp Credit Management US LLC, New Generation Advisors LLC and Tall Tree Investment Management LLC |
| 1:2020cv06713 |
| August 20, 2020 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1332 co |
| None |
Docket Report
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| Filing 20 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/21/2020 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) |
| Filing 19 TRANSCRIPT of Proceedings re: CONFERENCE held on 8/21/2020 before Judge Jesse M. Furman. Court Reporter/Transcriber: Rose Prater, (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) |
| Filing 18 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) |
| Filing 17 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) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to Allstate Investment Management Company, Bardin Hill Loan Management LLC, Greywolf Loan Management LP, Highland Capital Management Fund Advisors LP, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(dnh) |
Filing 15
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)
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Filing 14
ORDER TO SHOW CAUSE FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION AGAINST DEFENDANTS. IT IS HEREBY ORDERED that Citibank's Application is GRANTED in its entirety. It is hereby further ORDERED that: Defendants must appear before The Honorable Jesse M. Furman, District Judge, United States District Court for the Southern District of New York, on September 30, 2020 at 9:30 a.m. in the United States Courthouse, 40 Foley Square, York, New York 10013, and show cause (the "Show Cause Hearing") as to why the Court should not enter an Order, pursuant to FED. R. CIV. P. 65(a), that: a.preliminarily requires each of the Defendants to remit to Citibank any funds received from Citibank on August 11, 2020, in connection with the Revlon 2016 Term Loan for which Citibank is the administrative agent, pending a final determination on the merits in this action; and b.preliminarily enjoins each of the Defendants, their officers, agents, employees, successors, and all those in active concert or participation with them from removing, withdrawing, transferring, assigning, or otherwise disposing of any funds received from Citibank on August 11, 2020, in connection with the Revlon 2016 Term Loan for which Citibank is the administrative agent, pending a final determination on the merits in this action; and Sufficient reason having been shown therefor, from the date of this Order, through and including the date of the Show Cause Hearing, Defendants, their agents, servants, employees, officers and all persons and entities in active concert and participation with them, are hereby temporarily restrained, pursuant to FED. R. CIV. P. 65(b), from engaging in any of the acts and/or conduct described in Paragraph 1(b) of this Order. Pursuant to this Court's equitable powers and discretion, Citibank need not post a bond. Citibank and/or its authorized representative(s) must serve a copy of this Order, together with Citibank's Memorandum of Law, and the Declarations in Support of Citibank's Application, on each Defendant via personal service, email, and/or First Class Mail on or before August 21, 2020 at 11:59 p.m. The foregoing shall constitute proper service and notice of this Order. Citibank shall use the following addresses to effect service as further set forth in this Order. This Court shall retain jurisdiction to hear and determine all matters arising out of, relating to, and/or otherwise concerning the interpretation and/or enforcement of this Order. As discussed on the record during the proceeding in 20-CV-6713 held this afternoon, this Order is extended through the date of trial, currently scheduled for September 30, 2020, on consent as to Bardin Hill Loan Management LLC, Investcorp Credit Management US LLC, Greywolf Loan Management LP, ZAIS Group LLC, Allstate Investment Management Company, Tall Tree Investment Management LLC, and New Generation Advisors LLC, and on a finding of good cause for the reasons stated on the record. Further, the parties shall submit an agreed upon proposed scheduling order -- or competing orders and letter briefs addressing any disagreements -- by August 24, 2020. The Clerk of Court is directed to terminate ECF No. 6. SO ORDERED. ( Show Cause Hearing set for 9/30/2020 at 09:30 AM before Judge Jesse M. Furman.), Motions terminated: #6 EMERGENCY MOTION for Order to Show Cause . MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction . filed by Citibank, N.A. (Signed by Judge Jesse M. Furman on 8/21/20) (yv)
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| Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to BARDIN HILL LOAN MANAGEMENT LLC, INVESTCORP CREDIT MANAGEMENT US LLC, GREYWOLF LOAN MANAGEMENT LP, ZAIS GROUP LLC, ALLSTATE INVESTMENT MANAGEMENT COMPANY, MEDALIST PARTNERS CORPORATE FINANCE LLC, TALL TREE INVESTMENT MANAGEMENT LLC, NEW GENERATION ADVISORS LLC, AND HIGHLAND CAPITAL MANAGEMENT FUND ADVISORS LP, re: #1 Complaint,. Document filed by Citibank, N.A...(Baughman, John) |
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Filing 12
ORDER with respect to #6 Motion for TRO: The parties shall appear for a teleconference with the Court TODAY, August 21, 2020, at 2:00 p.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 noon TODAY, 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)
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| Filing 11 LETTER addressed to Judge Jesse M. Furman from John F. Baughman dated 08/21/2020 re: Request for Telephonic TRO Hearing. Document filed by Citibank, N.A...(Baughman, John) |
| Filing 10 MEMORANDUM OF LAW in Support re: #6 EMERGENCY MOTION for Order to Show Cause . MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction . . Document filed by Citibank, N.A...(Baughman, John) |
| Filing 9 DECLARATION of John F. Baughman in Support re: #6 EMERGENCY MOTION for Order to Show Cause . MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by Citibank, N.A.. (Attachments: #1 Exhibit A).(Baughman, John) |
| Filing 8 DECLARATION of Brendan Zeigon in Support re: #6 EMERGENCY MOTION for Order to Show Cause . MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by Citibank, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Baughman, John) |
| Filing 7 DECLARATION of Mitali Sohoni in Support re: #6 EMERGENCY MOTION for Order to Show Cause . MOTION for Temporary Restraining Order . MOTION for Preliminary Injunction .. Document filed by Citibank, N.A...(Baughman, John) |
| 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. (wb) |
| CONSOLIDATED MEMBER CASE: Create association to 1:20-cv-06539-JMF. (yv) |
| NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Unassigned is no longer assigned to the case..(wb) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John Frederick Baughman to RE-FILE Document No. #5 Request for Issuance of Summons,. The filing is deficient for the following reason(s): 'c/o' or 'via' must be entered in front of 'Maples Fiduciary Services (Delaware) Inc.' on the summons request PDF, and 'TheCorporation Trust Company' on the rider. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the corrected summons form PDF. (pne) |
| Case Designated ECF. (pne) |
| CASE ACCEPTED AS RELATED. Create association to 1:20-cv-06539-JMF. Notice of Assignment to follow. (wb) |
| CASE REFERRED TO Judge Jesse M. Furman as possibly related to 20CV6539. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pne) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney John Frederick Baughman. The following case opening statistical information was erroneously selected/entered: Dollar Demand $108,739,005,000. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to none; no dollar demand entered on civil cover sheet. (pne) |
| Filing 6 EMERGENCY MOTION for Order to Show Cause ., MOTION for Temporary Restraining Order ., MOTION for Preliminary Injunction . Document filed by Citibank, N.A...(Baughman, John) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to BARDIN HILL LOAN MANAGEMENT LLC, INVESTCORP CREDIT MANAGEMENT US LLC, GREYWOLF LOAN MANAGEMENT LP, ZAIS GROUP LLC, ALLSTATE INVESTMENT MANAGEMENT COMPANY, MEDALIST PARTNERS CORPORATE FINANCE LLC, TALL TREE INVESTMENT MANAGEMENT LLC, NEW GENERATION ADVISORS LLC, AND HIGHLAND CAPITAL MANAGEMENT FUND ADVISORS LP, re: #1 Complaint,. Document filed by Citibank, N.A...(Baughman, John) |
| Filing 4 RELATED CASE AFFIRMATION of Nathaniel E. Marmon re: that this action be filed as related to 1:20-cv-06539. Document filed by Citibank, N.A...(Marmon, Nathaniel) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Citicorp LLC, Corporate Parent CitiGroup, Inc. for Citibank, N.A.. Document filed by Citibank, N.A...(Baughman, John) |
| Filing 2 CIVIL COVER SHEET filed..(Baughman, John) |
| Filing 1 COMPLAINT against Allstate Investment Management Company, Bardin Hill Loan Management LLC, Greywolf Loan Management LP, Highland Capital Management Fund Advisors LP, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Tall Tree Investment Management LLC, ZAIS Group LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-21257379)Document filed by Citibank, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Baughman, John) |
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