Saba Capital CEF Opportunities 1, Ltd. et al v. Nuveen Floating Rate Income Fund et al
| Saba Capital Management, L.P. and Saba Capital CEF Opportunities 1, Ltd. |
| William C. Hunter, Margaret L. Wolff, Nuveen Floating Rate Income Fund, John K. Nelson, Carole E. Stone, Judith M. Stockdale, Nuveen Short Duration Credit Opportunities Fund, Robert L. Young, Nuveen Floating Rate Income Opportunity Fund, Matthew Thornton, III, Jack B. Evans, Nuveen Global High Income Fund, Nuveen Senior Income Fund, Albin F. Moschner and Terence J. Toth |
| 1:2021cv00327 |
| January 14, 2021 |
| US District Court for the Southern District of New York |
| Robert W Lehrburger |
| J Paul Oetken |
| Analisa Torres |
| Securities/Commodities |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 25, 2022. A more recent docket listing may be available from PACER.
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Filing 61
NOTICE OF APPEAL from #60 Clerk's Judgment,,,, #59 Memorandum & Opinion,,,,. Document filed by Jack B. Evans, William C. Hunter, Albin F. Moschner, John K. Nelson, Nuveen Floating Rate Income Fund, Nuveen Floating Rate Income Opportunity Fund, Nuveen Global High Income Fund, Nuveen Senior Income Fund, Nuveen Short Duration Credit Opportunities Fund, Judith M. Stockdale, Carole E. Stone, Matthew Thornton, III, Terence J. Toth, Margaret L. Wolff, Robert L. Young. Filing fee $ 505.00, receipt number ANYSDC-25780224. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Musoff, Scott) Modified on 2/25/2022 (wb).
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #61 Notice of Appeal. (wb)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #61 Notice of Appeal,, filed by Judith M. Stockdale, Terence J. Toth, Nuveen Floating Rate Income Fund, Margaret L. Wolff, Jack B. Evans, Carole E. Stone, Matthew Thornton, III, William C. Hunter, Nuveen Senior Income Fund, John K. Nelson, Nuveen Global High Income Fund, Robert L. Young, Nuveen Short Duration Credit Opportunities Fund, Nuveen Floating Rate Income Opportunity Fund, Albin F. Moschner were transmitted to the U.S. Court of Appeals..(wb)
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Filing 60
CLERK'S JUDGMENT re: #59 Memorandum & Opinion, in favor of Saba Capital CEF Opportunities 1, Ltd., Saba Capital Management, L.P. against Nuveen Floating Rate Income Fund, Nuveen Floating Rate Income Opportunity Fund, Nuveen Global High Income Fund, Nuveen Senior Income Fund, Nuveen Short Duration Credit Opportunities Fund, Albin F. Moschner, Carole E. Stone, Jack B. Evans, John K. Nelson, Judith M. Stockdale, Margaret L. Wolff, Matthew Thornton, III, Robert L. Young, Terence J. Toth, William C. Hunter. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated February 17, 2022, the Trusts' motion to dismiss is DENIED and Saba's motion for summary judgment is GRANTED. Saba is granted judgment on its claim for rescission of the control share amendment and on its declaratory judgment claim; and it is hereby declared that the control share amendment violates Section 18(i) of the Investment Company Act of 1940; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 2/18/2022) (Attachments: #1 Notice of Right to Appeal) (dt)
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Filing 59
OPINION AND ORDER: re: #38 JOINT MOTION to Dismiss Plaintiff's Complaint filed by Judith M. Stockdale, Terence J. Toth, Nuveen Floating Rate Income Fund, Margaret L. Wolff, Jack B. Evans, Carole E. Stone, Matthew Thornton, III, William C. Hunter, Nuveen Senior Income Fund, John K. Nelson, Nuveen Global High Income Fund, Robert L. Young, Nuveen Short Duration Credit Opportunities Fund, Nuveen Floating Rate Income Opportunity Fund, Albin F. Moschner, #43 MOTION for Summary Judgment filed by Saba Capital Management, L.P., Saba Capital CEF Opportunities 1, Ltd. For the foregoing reasons, the Trusts' motion to dismiss is DENIED and Saba's motion for summary judgment is GRANTED. Saba is granted judgment on its claim for rescission of the control share amendment and on its declaratory judgment claim; and it is hereby declared that the control share amendment violates Section 18(i) of the Investment Company Act of 1940. The Clerk of Court is directed to close the motions at Docket Numbers 38 and 43 and to close the case. SO ORDERED. (Signed by Judge J. Paul Oetken on 2/17/2022) (ama) Transmission to Orders and Judgments Clerk for processing.
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NOTICE OF CASE REASSIGNMENT to Judge J. Paul Oetken. Judge Analisa Torres is no longer assigned to the case. (vba)
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Filing 58
ORDER GRANTING WITHDRAWAL OF COUNSEL #56 Motion to Withdraw as Attorney. The Court, having reviewed the motion by William D. O'Connell seeking to withdraw as counsel for Plaintiffs Saba Capital CEF Opportunities 1, Ltd. and Saba Capital Management L.P. due to his departure from the law firm of Susman Godfrey LLP, ECF No. 56, finds that the motion should be GRANTED. Attorney William Daniel O'Connell terminated (Signed by Magistrate Judge Robert W. Lehrburger on 7/6/2021) (cf)
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Filing 57
PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Saba Capital CEF Opportunities 1, Ltd., Saba Capital Management, L.P.. Related Document Number: #56 ..(O'Connell, William)
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Filing 56
MOTION for William D. O'Connell to Withdraw as Attorney . Document filed by Saba Capital CEF Opportunities 1, Ltd., Saba Capital Management, L.P.. (Attachments: #1 Affidavit Declaration of William D. O'Connell in Support of Motion to Withdraw as Counsel).(O'Connell, William)
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Filing 55
REPLY MEMORANDUM OF LAW in Support re: #43 MOTION for Summary Judgment . Saba's Reply In Support of its Motion for Summary Judgment [corrected]. Document filed by Saba Capital CEF Opportunities 1, Ltd., Saba Capital Management, L.P...(Musico, Mark)
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Filing 54
LETTER addressed to Judge Analisa Torres from Bill O'Connell dated June 1, 2021 re: Plaintiff's Reply Brief In Support of Plaintiffs' Motion for Summary Judgment (Dkt 52). Document filed by Saba Capital CEF Opportunities 1, Ltd., Saba Capital Management, L.P...(O'Connell, William)
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Filing 53
REPLY AFFIDAVIT of William D. O'Connell in Support re: #43 MOTION for Summary Judgment .. Document filed by Saba Capital CEF Opportunities 1, Ltd., Saba Capital Management, L.P.. (Attachments: #1 Exhibit U, #2 Exhibit V, #3 Exhibit W).(Musico, Mark)
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Filing 52
REPLY MEMORANDUM OF LAW in Support re: #43 MOTION for Summary Judgment . . Document filed by Saba Capital CEF Opportunities 1, Ltd., Saba Capital Management, L.P...(Musico, Mark)
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Filing 51
DECLARATION of SCOTT D. MUSOFF in Opposition re: #43 MOTION for Summary Judgment .. Document filed by Jack B. Evans, William C. Hunter, Albin F. Moschner, John K. Nelson, Nuveen Floating Rate Income Fund, Nuveen Floating Rate Income Opportunity Fund, Nuveen Global High Income Fund, Nuveen Senior Income Fund, Nuveen Short Duration Credit Opportunities Fund, Judith M. Stockdale, Carole E. Stone, Matthew Thornton, III, Terence J. Toth, Margaret L. Wolff, Robert L. Young. (Attachments: #1 Exhibit 1 - 2020 Investment Company Fact Book, #2 Exhibit 2 - Saba Capital, "Our Strategies", #3 Exhibit 3 - Schedule 13D/A, First Eagle Senior Loan Fund, #4 Exhibit 4 - Schedule 14A, Neuberger Berman High Yield Strategies Fund, #5 Exhibit 5 - Schedule 14A, Western Asset High Income Fund II Inc., #6 Exhibit 6 - Schedule 14A, BlackRock Credit Allocation Income Trust, #7 Exhibit 7 - Schedule 13D, BlackRock Muni New York Intermediate Duration Fund, Inc., #8 Exhibit 8 - Schedule 14A, Pioneer Floating Rate Trust, #9 Exhibit 9 - Form 425, BlackRock Muni New York Intermediate Duration Fund, Inc., #10 Exhibit 10 - Schedule 13D/A, Nuveen Global Equity Income Fund, #11 Exhibit 11 - Schedule 13D/A, Nuveen Global Equity Income Fund, #12 Exhibit 12 - Schedule 13D, BlackRock New York Municipal Bond Trust, #13 Exhibit 13 - Schedule 14A, Western Asset Corporate Loan Fund Inc., #14 Exhibit 14 - Western Asset Press Release).(Musoff, Scott)
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Filing 50
RULE 56.1 STATEMENT. Document filed by Jack B. Evans, William C. Hunter, Albin F. Moschner, John K. Nelson, Nuveen Floating Rate Income Fund, Nuveen Floating Rate Income Opportunity Fund, Nuveen Global High Income Fund, Nuveen Senior Income Fund, Nuveen Short Duration Credit Opportunities Fund, Judith M. Stockdale, Carole E. Stone, Matthew Thornton, III, Terence J. Toth, Margaret L. Wolff, Robert L. Young..(Musoff, Scott)
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Filing 49
JOINT REPLY MEMORANDUM OF LAW in Support re: #38 JOINT MOTION to Dismiss Plaintiff's Complaint. JOINT MEMORANDUM OF LAW in Opposition re: #43 MOTION for Summary Judgment. Document filed by Jack B. Evans, William C. Hunter, Albin F. Moschner, John K. Nelson, Nuveen Floating Rate Income Fund, Nuveen Floating Rate Income Opportunity Fund, Nuveen Global High Income Fund, Nuveen Senior Income Fund, Nuveen Short Duration Credit Opportunities Fund, Judith M. Stockdale, Carole E. Stone, Matthew Thornton, III, Terence J. Toth, Margaret L. Wolff, Robert L. Young..(Musoff, Scott)
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Filing 48
STIPULATION AND ORDER REGARDING PAGE LIMITS FOR CONSOLIDATED BRIEFING: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys for the parties, that pursuant to this Court's Civil Case Management Plan and Scheduling Order, the parties have met and conferred on "appropriate page limits for the consolidated briefs" in support of and in opposition to Defendants' joint motion to dismiss and Plaintiffs' motion for summary judgment, Dkt. 37, at 4, and have reached the following agreement regarding such page limits: Defendants' opening brief in support of their joint motion to dismiss: a brief of 30 pages or less, which is consistent with Rule III.D of this Court's Individual Practices (which brief was already filed on March 30, 2021); Plaintiffs' opposition to Defendants' joint motion to dismiss and Plaintiffs' brief in support of their motion for summary judgment: a single consolidated brief of 45 pages or less; Defendants' reply in support of their joint motion to dismiss and Defendants' opposition to Saba' s motion for summary judgment: a single consolidated brief of 30 pages or less; and Plaintiffs' reply in support of their motion for summary judgment: a brief of 15 pages or less, which is consistent with Rule III.D of this Court's Individual Practices. SO ORDERED. (Signed by Judge Analisa Torres on 5/04/2021) (ama)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #47 Proposed Order was reviewed and approved as to form. (km)
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Filing 47
PROPOSED ORDER. Document filed by Saba Capital CEF Opportunities 1, Ltd., Saba Capital Management, L.P.. Related Document Number: [43, 38]..(Musico, Mark) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 46
RULE 56.1 STATEMENT. Document filed by Saba Capital CEF Opportunities 1, Ltd., Saba Capital Management, L.P...(Musico, Mark)
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Filing 45
DECLARATION of William D. O'Connell in Support re: #38 JOINT MOTION to Dismiss Plaintiff's Complaint., #43 MOTION for Summary Judgment .. Document filed by Saba Capital CEF Opportunities 1, Ltd., Saba Capital Management, L.P.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T).(Musico, Mark)
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Filing 44
MEMORANDUM OF LAW in Support re: #38 JOINT MOTION to Dismiss Plaintiff's Complaint., #43 MOTION for Summary Judgment . Memorandum of Law in Support of SABA's Consolidated Motion for Summary Judgment and Opposition to Nuveen's Motion to Dismiss. Document filed by Saba Capital CEF Opportunities 1, Ltd., Saba Capital Management, L.P...(Musico, Mark)
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Filing 43
MOTION for Summary Judgment . Document filed by Saba Capital CEF Opportunities 1, Ltd., Saba Capital Management, L.P...(Musico, Mark)
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Filing 42
PROPOSED STIPULATION AND ORDER. Document filed by Saba Capital CEF Opportunities 1, Ltd., Saba Capital Management, L.P...(Buchdahl, Jacob)
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Filing 40
DECLARATION of Scott D. Musoff in Support re: #38 JOINT MOTION to Dismiss Plaintiff's Complaint.. Document filed by Jack B. Evans, William C. Hunter, Albin F. Moschner, John K. Nelson, Nuveen Floating Rate Income Fund, Nuveen Floating Rate Income Opportunity Fund, Nuveen Global High Income Fund, Nuveen Senior Income Fund, Nuveen Short Duration Credit Opportunities Fund, Judith M. Stockdale, Carole E. Stone, Matthew Thornton, III, Terence J. Toth, Margaret L. Wolff, Robert L. Young. (Attachments: #1 Exhibit A Complaint, #2 Exhibit B -- Funds' Annual Reports, #3 Exhibit C -- Schedule 14A, Western Asset High Income Fund II, #4 Exhibit D -- Schedule 14A, Neuberger Berman High Yield Strategies Fund, #5 Exhibit E -- Schedule 13D, BlackRock Muni New York Intermediate Duration Fund, #6 Exhibit F -- Saba's Form 13F-HR for the quarter ending December 31, 2018, #7 Exhibit G -- Saba's Form 13F-HR for the quarter ending December 31, 2020, #8 Exhibit H -- SEC Staff Statement regarding Control Share Acquisition Statutes, #9 Exhibit I -- Funds' Bylaws, #10 Exhibit J -- Saba's Demand Letters, #11 Exhibit K -- SEC Report on Investment Trusts and Investment Companies, #12 Exhibit L -- SEC Release on Fund of Funds Arrangements).(Musoff, Scott)
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Filing 39
JOINT MEMORANDUM OF LAW in Support re: #38 JOINT MOTION to Dismiss Plaintiff's Complaint. . Document filed by Jack B. Evans, William C. Hunter, Albin F. Moschner, John K. Nelson, Nuveen Floating Rate Income Fund, Nuveen Floating Rate Income Opportunity Fund, Nuveen Global High Income Fund, Nuveen Senior Income Fund, Nuveen Short Duration Credit Opportunities Fund, Judith M. Stockdale, Carole E. Stone, Matthew Thornton, III, Terence J. Toth, Margaret L. Wolff, Robert L. Young..(Musoff, Scott)
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Filing 38
JOINT MOTION to Dismiss Plaintiff's Complaint. Document filed by Jack B. Evans, William C. Hunter, Albin F. Moschner, John K. Nelson, Nuveen Floating Rate Income Fund, Nuveen Floating Rate Income Opportunity Fund, Nuveen Global High Income Fund, Nuveen Senior Income Fund, Nuveen Short Duration Credit Opportunities Fund, Judith M. Stockdale, Carole E. Stone, Matthew Thornton, III, Terence J. Toth, Margaret L. Wolff, Robert L. Young..(Musoff, Scott)
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Filing 37
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Rule 26(f)(3), Fed. R. Civ. P. All parties do not consent to conducting all further proceedings before a magistrate judge, including motions and trial. 28 U.S.C. 636(c). The parties dispute whether or not this case may be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is: Plaintiffs estimate 2 days. Defendants estimate 5 days. Motions due by 3/30/2021. Cross Motions due by 4/30/2021. Responses due by 5/14/2021 Replies due by 5/28/2021. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 3/25/2021) (ama)
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Filing 36
ORDER FOR ADMISSION PRO HAC VICE: granting #28 Motion for Emily M. Jennings to Appear Pro Hac Vice. IT IS SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 3/25/2021) (ama)
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Filing 35
ORDER FOR ADMISSION PRO HAC VICE: granting #27 Motion for Eben P. Colby to Appear Pro Hac Vice. IT IS SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 3/25/2021) (ama)
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Filing 34
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE: granting #24 Motion for Adam R. Safadi to Appear Pro Hac Vice. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 3/25/2021) (ama)
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Filing 33
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE #23 Motion for Robert A. Skinner to Appear Pro Hac Vice. (As further set forth in this Order.) (Signed by Magistrate Judge Robert W. Lehrburger on 3/25/2021) (cf)
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Filing 32
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE #22 Motion for Amy D. Roy to Appear Pro Hac Vice. (As further set forth in this Order.) (Signed by Magistrate Judge Robert W. Lehrburger on 3/25/2021) (cf)
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Filing 31
ORDER. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Robert W. Lehrburger. (Signed by Judge Analisa Torres on 3/24/2021) (kv)
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Filing 41
Minute Entry for proceedings held before Judge Analisa Torres: Initial Pretrial Conference held on 3/23/2021. (ca)
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Filing 30
JOINT LETTER addressed to Judge Analisa Torres from Jacob W. Buchdahl, Scott D. Musoff and Robert A. Skinner dated March 16, 2021 re: Joint Letter in Advance of Initial Pre-Trial Conference. Document filed by Saba Capital CEF Opportunities 1, Ltd., Saba Capital Management, L.P.. (Attachments: #1 Exhibit A - Civil Case Management Plan & Scheduling Order, #2 Exhibit B - Joint Pre-Motion Letter).(Buchdahl, Jacob)
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Filing 29
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Nuveen Floating Rate Income Fund, Nuveen Floating Rate Income Opportunity Fund, Nuveen Global High Income Fund, Nuveen Senior Income Fund, Nuveen Short Duration Credit Opportunities Fund..(Musoff, Scott)
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Filing 28
MOTION for Emily M. Jennings to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24153210. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nuveen Floating Rate Income Fund, Nuveen Floating Rate Income Opportunity Fund, Nuveen Global High Income Fund, Nuveen Senior Income Fund, Nuveen Short Duration Credit Opportunities Fund. (Attachments: #1 Declaration of Emily M. Jennings, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Jennings, Emily)
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Filing 27
MOTION for Eben P. Colby to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24153002. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Nuveen Floating Rate Income Fund, Nuveen Floating Rate Income Opportunity Fund, Nuveen Global High Income Fund, Nuveen Senior Income Fund, Nuveen Short Duration Credit Opportunities Fund. (Attachments: #1 Declaration of Eben P. Colby, #2 Certificates of Good Standing, #3 Text of Proposed Order).(Colby, Eben)
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Filing 26
NOTICE OF APPEARANCE by Marley Ann Brumme on behalf of Nuveen Floating Rate Income Fund, Nuveen Floating Rate Income Opportunity Fund, Nuveen Global High Income Fund, Nuveen Senior Income Fund, Nuveen Short Duration Credit Opportunities Fund..(Brumme, Marley)
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Filing 25
NOTICE OF APPEARANCE by Scott D. Musoff on behalf of Nuveen Floating Rate Income Fund, Nuveen Floating Rate Income Opportunity Fund, Nuveen Global High Income Fund, Nuveen Senior Income Fund, Nuveen Short Duration Credit Opportunities Fund..(Musoff, Scott)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #28 MOTION for Emily M. Jennings to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24153210. Motion and supporting papers to be reviewed by Clerk's Office staff., #27 MOTION for Eben P. Colby to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24153002. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 24
MOTION for Adam R. Safadi to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24114434. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jack B. Evans, William C. Hunter, Albin F. Moschner, John K. Nelson, Judith M. Stockdale, Carole E. Stone, Matthew Thornton, III, Terence J. Toth, Margaret L. Wolff, Robert L. Young..(Safadi, Adam)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 MOTION for Adam R. Safadi to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24114434. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 MOTION for Adam R. Safadi to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24114434. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 MOTION for Robert A. Skinner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24100863. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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Filing 23
MOTION for Robert A. Skinner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24100863. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jack B. Evans, William C. Hunter, Albin F. Moschner, John K. Nelson, Judith M. Stockdale, Carole E. Stone, Matthew Thornton, III, Terence J. Toth, Margaret L. Wolff, Robert L. Young..(Skinner, Robert)
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Filing 22
MOTION for Amy D. Roy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24100717. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Jack B. Evans, William C. Hunter, Albin F. Moschner, John K. Nelson, Judith M. Stockdale, Carole E. Stone, Matthew Thornton, III, Terence J. Toth, Margaret L. Wolff, Robert L. Young..(Roy, Amy)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 MOTION for Amy D. Roy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24100717. Motion and supporting papers to be reviewed by Clerk's Office staff., #23 MOTION for Robert A. Skinner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24100863. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 21
INITIAL PRETRIAL CONFERENCE ORDER: Counsel for all parties are directed to appear for an initial pretrial conference, in accordance with Rule 16 of the Federal Rules of Civil Procedure, at 10:40 a.m., on March 23, 2021, to be held telephonically. The parties are directed to dial 888-398-2342 or 215-861-0674, and enter access code 5598827. Principal trial counsel must appear at this and all subsequent conferences. Initial Conference set for 3/23/2021 at 10:40 AM before Judge Analisa Torres. (Signed by Judge Analisa Torres on 1/20/2021) (kv)
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Filing 20
ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 1/20/2021) (kv)
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Filing 19
ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 1/20/2021) (kv)
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Filing 18
ELECTRONIC SUMMONS ISSUED as to Nuveen Short Duration Credit Opportunities Fund. (sj)
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Filing 17
ELECTRONIC SUMMONS ISSUED as to Nuveen Senior Income Fund. (sj)
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Filing 16
ELECTRONIC SUMMONS ISSUED as to Nuveen Global High Income Fund. (sj)
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Filing 15
ELECTRONIC SUMMONS ISSUED as to Nuveen Floating Rate Income Opportunity Fund. (sj)
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Filing 14
ELECTRONIC SUMMONS ISSUED as to Nuveen Floating Rate Income Fund..(sj)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jacob W Buchdahl. The party information for the following party/parties has been modified: All parties. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted. (sj)
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Magistrate Judge Robert W. Lehrburger 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. (sj)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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..(sj)
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Case Designated ECF. (sj)
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Filing 13
NOTICE OF APPEARANCE by Mark P. Musico on behalf of Saba Capital CEF Opportunities 1, Ltd., Saba Capital Management, L.P...(Musico, Mark)
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Filing 12
NOTICE OF APPEARANCE by Arun Srinivas Subramanian on behalf of Saba Capital CEF Opportunities 1, Ltd., Saba Capital Management, L.P...(Subramanian, Arun)
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Filing 11
CIVIL COVER SHEET filed..(O'Connell, William)
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Filing 10
NOTICE OF APPEARANCE by Jacob W Buchdahl on behalf of Saba Capital CEF Opportunities 1, Ltd., Saba Capital Management, L.P...(Buchdahl, Jacob)
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Filing 9
NOTICE OF APPEARANCE by William Daniel O'Connell on behalf of Saba Capital CEF Opportunities 1, Ltd., Saba Capital Management, L.P...(O'Connell, William)
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Filing 8
REQUEST FOR ISSUANCE OF SUMMONS as to Nuveen Short Duration Credit Opportunities Fund, re: #1 Complaint,,. Document filed by Saba Capital CEF Opportunities 1, Ltd., Saba Capital Management, L.P...(Buchdahl, Jacob)
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Filing 7
REQUEST FOR ISSUANCE OF SUMMONS as to Nuveen Senior Income Fund, re: #1 Complaint,,. Document filed by Saba Capital CEF Opportunities 1, Ltd., Saba Capital Management, L.P...(Buchdahl, Jacob)
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to Nuveen Global High Income Fund, re: #1 Complaint,,. Document filed by Saba Capital CEF Opportunities 1, Ltd., Saba Capital Management, L.P...(Buchdahl, Jacob)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to Nuveen Floating Rate Income Opportunity Fund, re: #1 Complaint,,. Document filed by Saba Capital CEF Opportunities 1, Ltd., Saba Capital Management, L.P...(Buchdahl, Jacob)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Nuveen Floating Rate Income Fund, re: #1 Complaint,,. Document filed by Saba Capital CEF Opportunities 1, Ltd., Saba Capital Management, L.P...(Buchdahl, Jacob)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Saba Capital CEF Opportunities 1, Ltd., Saba Capital Management, L.P...(Buchdahl, Jacob)
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Filing 2
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Buchdahl, Jacob) Modified on 1/14/2021 (jgo).
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Filing 1
COMPLAINT against Jack B. Evans, William C. Hunter, Albin F. Moschner, John K. Nelson, Nuveen Floating Rate Income Fund, Nuveen Floating Rate Income Opportunity Fund, Nuveen Global High Income Fund, Nuveen Senior Income Fund, Nuveen Short Duration Credit Opportunities Fund, Judith M. Stockdale, Carole E. Stone, Matthew Thornton, III, Terence J. Toth, Margaret L. Wolff, Robert L. Young. (Filing Fee $ 402.00, Receipt Number ANYSDC-23509713)Document filed by Saba Capital Management, L.P., Saba Capital CEF Opportunities 1, Ltd...(Buchdahl, Jacob)
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