The Trustees of the New York State Nurses Association Pension Plan v. White Oak Global Advisors, LLC
| The Trustees of the New York State Nurses Association Pension Plan |
| White Oak Global Advisors, LLC |
| 1:2021cv08330 |
| October 8, 2021 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Lewis A Kaplan |
| Other Statutes: Arbitration |
| 9 U.S.C. § 9 |
| None |
Docket Report
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Filing 37
DECLARATION of Peter A. Schwartz in Support re: #14 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,. Document filed by The Trustees of the New York State Nurses Association Pension Plan..(Phillips, C.)
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Filing 36
DECLARATION of C. William Phillips in Support re: #14 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,. Document filed by The Trustees of the New York State Nurses Association Pension Plan..(Phillips, C.)
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Filing 35
MEMORANDUM OF LAW in Support re: #14 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration, and in Opposition to White Oak's Petition to Vacate, in part, the Arbitration Award. Document filed by The Trustees of the New York State Nurses Association Pension Plan..(Phillips, C.)
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Filing 34
DECLARATION of Peter A. Schwartz in Opposition re: #10 MOTION to Vacate Arbitration Award.. Document filed by The Trustees of the New York State Nurses Association Pension Plan..(Phillips, C.)
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Filing 33
DECLARATION of C. William Phillips in Opposition re: #10 MOTION to Vacate Arbitration Award.. Document filed by The Trustees of the New York State Nurses Association Pension Plan..(Phillips, C.)
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Filing 32
MEMORANDUM OF LAW in Opposition re: #10 MOTION to Vacate Arbitration Award. and in Further Support of Petition to Confirm Arbitration Award and Entry of Judgment. Document filed by The Trustees of the New York State Nurses Association Pension Plan..(Phillips, C.)
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Filing 31
DECLARATION of Thomas K. Cauley, Jr. (publicly filed pursuant to Memorandum Opinion #29 ) in Support re: #10 MOTION to Vacate Arbitration Award.. Document filed by White Oak Global Advisors, LLC. (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, #21 Exhibit U, #22 Exhibit V).(Heyworth, James)
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Filing 30
NOTICE of Unsealing Exhibits C and M to the Declaration of C. William Phillips at ECF Dkt. No. 21 Pursuant to Order Entered 11/10/21 at ECF Dkt. No. 29 re: #21 Declaration in Support,,,. Document filed by The Trustees of the New York State Nurses Association Pension Plan. (Attachments: #1 Exhibit C, #2 Exhibit M).(Phillips, C.)
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Filing 29
MEMORANDUM OPINION UNSEALING DOCUMENTS re: #9 LETTER MOTION to Seal addressed to Judge Lewis A. Kaplan from James Heyworth dated October 20, 2021. filed by White Oak Global Advisors, LLC. In the last analysis all of respondent's arguments in favor of continued sealing are entirely without merit. Its letter motion to seal (Dkt 9) is denied in all respects. All documents previously sealed in whole or in part are unsealed. Petitioner shall take such steps with the Clerk to unseal the two exhibits in support of its petition that remain sealed. Respondent shall do likewise with respect to all of its previously sealed material. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 11/10/21) (yv)
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Filing 28
LETTER REPLY to Response to Motion addressed to Judge Lewis A. Kaplan from James Heyworth dated November 3, 2021 re: #9 LETTER MOTION to Seal addressed to Judge Lewis A. Kaplan from James Heyworth dated October 20, 2021. . Document filed by White Oak Global Advisors, LLC..(Heyworth, James)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #27 MOTION for Thomas K. Cauley, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25279078. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 27
MOTION for Thomas K. Cauley, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25279078. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by White Oak Global Advisors, LLC. (Attachments: #1 Declaration of Thomas K. Cauley, Jr., #2 IL Certificate of Good Standing, #3 NY Certificate of Good Standing, #4 Text of Proposed Order).(Cauley, Thomas)
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Filing 26
STIPULATION AND ORDER, IT IS HEREBY STIPULATED AND AGREED by and between the parties, by their undersigned counsel, as follows: 1. The Plan's reply in support of its Petition to Confirm, and its opposition to White Oak's Petition to Vacate shall be served and filed on or before November 24, 2021. 2. White Oak's reply in support of its Petition to Vacate shall be served and filed on or before December 17, 2021. So Ordered. Set Deadlines/Hearing as to #10 MOTION to Vacate Arbitration Award. :( Responses due by 11/24/2021, Replies due by 12/17/2021.) (Signed by Judge Lewis A. Kaplan on 11/2/21) (yv)
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Filing 25
LETTER RESPONSE in Opposition to Motion addressed to Judge Lewis A. Kaplan from C. William Phillips dated October 29, 2021 re: #9 LETTER MOTION to Seal addressed to Judge Lewis A. Kaplan from James Heyworth dated October 20, 2021. . Document filed by The Trustees of the New York State Nurses Association Pension Plan..(Phillips, C.)
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Filing 24
PROPOSED SCHEDULING ORDER. Document filed by The Trustees of the New York State Nurses Association Pension Plan..(Phillips, C.)
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Filing 23
AFFIDAVIT OF SERVICE of Notice of Petition, Petition and Supporting Papers served on White Oak Global Advisors, LLC on October 11, 2021. Service was accepted by Minard Carkner, Litigation Management Specialist for Corporation Service Company. Document filed by The Trustees of the New York State Nurses Association Pension Plan..(Phillips, C.)
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Filing 22
RESPONSE to #14 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,. Document filed by White Oak Global Advisors, LLC..(Heyworth, James)
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Filing 21
DECLARATION of C. William Phillips in Support re: #14 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration,. Document filed by The Trustees of the New York State Nurses Association Pension Plan. (Attachments: #1 Exhibit A - 2020.11.30 Partial Final Award, #2 Exhibit B - 2021.08.04 Final Award, #3 Exhibit C - 2016 IMA_ J-2 [redacted], #4 Exhibit D - 2018.09.27 Arbitrator Selection, #5 Exhibit E - 2020.06.22 Townley Email deadline for issuance of award, #6 Exhibit F - 2020.08.05 Extension of deadline, #7 Exhibit G - 2020.10.13 Additional Extension of Deadline, #8 Exhibit H - 2021.05.19 Supplemental Fee Application - Declaration of Phillips, #9 Exhibit I - 2021.05.19 Suplemental Fee Application Exhibit A-2, #10 Exhibit J - 2021.02.15 Simon Aff, #11 Exhibit K - 2021 Simon Aff. Ex 8_to_16, #12 Exhibit L - 2021.05.19 Simon Response Aff, #13 Exhibit M - 2021.05.19 Simon Response Aff - Exhibits [redacted]).(Phillips, C.)
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Filing 12
MEMORANDUM OF LAW in Support re: #10 MOTION to Vacate Arbitration Award. and in Opposition to Petition to Confirm Arbitration Award. Document filed by White Oak Global Advisors, LLC..(Heyworth, James)
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Filing 11
***SELECTED PARTIES***DECLARATION of Thomas K. Cauley, Jr. in Support re: #10 MOTION to Vacate Arbitration Award.. Document filed by White Oak Global Advisors, LLC, The Trustees of the New York State Nurses Association Pension Plan. (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, #21 Exhibit U, #22 Exhibit V)Motion or Order to File Under Seal: #9 .(Heyworth, James)
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Filing 10
MOTION to Vacate Arbitration Award. Document filed by White Oak Global Advisors, LLC..(Heyworth, James)
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Filing 9
LETTER MOTION to Seal addressed to Judge Lewis A. Kaplan from James Heyworth dated October 20, 2021. Document filed by White Oak Global Advisors, LLC. (Attachments: #1 Protective Order, #2 Proposed Order to Seal).(Heyworth, James)
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Filing 8
NOTICE OF APPEARANCE by James Ormerod Heyworth, V on behalf of White Oak Global Advisors, LLC..(Heyworth, James)
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Filing 7
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent White Oak Financial, LLC for White Oak Global Advisors, LLC. Document filed by White Oak Global Advisors, LLC..(Heyworth, James)
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Filing 20
ORDER: The parties shall submit any papers in support of continued sealing of the documents already of record, or parts thereof, no later than October 25, 2021. Any party seeking continued secrecy shall identify specifically the materials as to which such treatment is sought and the alleged basis for granting it. ** This document was previously filed under seal in envelope #6 and unsealed by docket entry 13. (Signed by Judge Lewis A. Kaplan on 10/18/2021) (kv)
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Filing 19
ORDER: The parties shall submit to chambers copies of any papers previously submitted with respect to the motion to seal presented to Judge Vyskocil. They shall advise the Court by October 18, 2021 whether any further briefing on that subject is desired and, if so, propose a schedule for any further submissions. SO ORDERED. ** This document was previously filed under seal in envelope #4 and unsealed by docket entry 13. (Signed by Judge Lewis A. Kaplan on 10/12/2021) (kv) Modified on 10/21/2021 (kv).
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Filing 18
MEMORANDUM OF LAW IN SUPPORT OF PETITION TO CONFIRM ARBITRATION AWARD AND FOR ENTRY OF JUDGMENT in Support re: #14 Petition to Compel/Confirm/Modify/Stay/Vacate Arbitration. Document filed by The Trustees of the New York State Nurses Association Pension Plan. ** This document was previously filed under seal in envelope #3 and unsealed by docket entry 13..(kv)
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Filing 17
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Trustees of the New York State Nurses Association Pension Plan. ** This document was previously filed under seal in envelope #3 and unsealed by docket entry 13..(kv)
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Filing 16
NOTICE OF APPEARANCE by Jonathan Michael Sperling on behalf of The Trustees of the New York State Nurses Association Pension Plan. ** This document was previously filed under seal in envelope #3 and unsealed by docket entry 13..(kv)
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Filing 15
NOTICE OF APPEARANCE by C. William Phillips on behalf of The Trustees of the New York State Nurses Association Pension Plan. ** This document was previously filed under seal in envelope #3 and unsealed by docket entry 13..(kv)
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Filing 14
NOTICE OF PETITION TO CONFIRM ARBITRATION AWARD AND FOR ENTRY OF JUDGMENT.Document filed by The Trustees of the New York State Nurses Association Pension Plan. ** This document was previously filed under seal in envelope #3 and unsealed by docket entry 13. (Attachments: #1 Petition).(kv)
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Filing 13
ENDORSED LETTER addressed to Judge Lewis A. Kaplan from C. William Phillips dated 10/18/21 re: response to Your Honor's Order of October 12, 2021. ENDORSEMENT: In light of the attached letter: 1. All of the papers heretofore filed under seal in this case - except the Declaration of C. William Phillips, Esq.(the "Phillips Declaration") - hereby are unsealed. The parties shall consult promptly with the Clerk of Court as to the means of filing publicly the unsealed papers in electronic form on the CM-ECF system and ensure their prompt public filing. 2. An electronic copy of the Phillips Declaration, with Exhibits C and M redacted, shall be filed publicly promptly. 3. The Court adopts to proposed briefing schedule with respect to whether Exhibits C and M to the Phillips Declaration shall remain sealed. 4. The order entered yesterday (Dkt. 5) is vacated. SO ORDERED., ( Responses due by 10/21/2021, Replies due by 10/29/2021.) (Signed by Judge Lewis A. Kaplan on 10/19/21) (yv)
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Filing 6
SEALED DOCUMENT placed in vault.(nmo)
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Filing 5
Vacated as per Judge's Order dated 10/19/2021, Doc. # 13 ***SELECTED PARTIES*** ORDER: The parties shall submit any papers in support of continued sealing of the documents already of record, or pa1ts thereof, no later than October 25, 2021. Any party seeking continued secrecy shall identify specifically the materials as to which such treatment is sought and the alleged basis for granting it. (Signed by Judge Lewis A. Kaplan on 10/18/2021) (ama) Modified on 10/21/2021 (yv).
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Filing 4
SEALED DOCUMENT placed in vault.(nmo)
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Filing 3
SEALED DOCUMENT placed in vault.(nmo)
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Filing 2
CIVIL COVER SHEET filed..(pc)
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Filing 1
DOCUMENTS TO BE SEALED (Signed by Judge Mary Kay Vyskocil on 10/6/2021) (pc)
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Case Designated ECF. (pc)
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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. (pc)
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| Plaintiff: The Trustees of the New York State Nurses Association Pension Plan | |
| Represented By: | C. William Phillips |
| Represented By: | Jonathan Michael Sperling |
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| Defendant: White Oak Global Advisors, LLC | |
| Represented By: | James Ormerod Heyworth, V |
| Represented By: | Thomas K. Cauley |
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