UBS Securities LLC et al v. Dondero et al
| UBS Securities, UBS AG London Branch and UBS Securities LLC |
| HIGHLAND CDO HOLDING COMPANY, HIGHLAND FINANCIAL PARTNERS, L.P., HIGHLAND SPECIAL OPPORTUNITIES HOLDING COMPANY, Mainspring, Ltd., Montage Holdings, Ltd., James Dondero, Scott Ellington, Clo Holdco, LTD. and Highland CDO Opportunity Master Fund, L.P. |
| CLO HOLDCO, LTD |
| 1:2023cv01965 |
| March 7, 2023 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Racketeer/Corrupt Organization |
| 28 U.S.C. § 1441 ri Petition for Removal- Racketeering (RICO) |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 7, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 92
MEMORANDUM OF LAW in Opposition re: #79 MOTION to Remand to State Court . . Document filed by Clo Holdco, LTD...(Ricardo, Shawn)
|
|
Filing 91
DECLARATION of Isaac Leventon in Opposition re: #79 MOTION to Remand to State Court .. Document filed by Scott Ellington, James Dondero..(Deitsch-Perez, Deborah)
|
|
Filing 90
MEMORANDUM OF LAW in Opposition re: #79 MOTION to Remand to State Court . . Document filed by Scott Ellington, James Dondero..(Deitsch-Perez, Deborah)
|
|
Filing 89
NOTICE OF APPEARANCE by Ina Dogani on behalf of Clo Holdco, LTD...(Dogani, Ina)
|
|
Filing 88
NOTICE OF APPEARANCE by Shawn Preston Ricardo on behalf of Clo Holdco, LTD...(Ricardo, Shawn)
|
|
Filing 87
WAIVER OF SERVICE RETURNED EXECUTED. Document filed by UBS AG London Branch, UBS Securities LLC..(Burt, Jason)
|
|
Filing 86
MEMO ENDORSEMENT on re: #85 Letter, filed by UBS Securities LLC, UBS AG London Branch. ENDORSEMENT: The Court is in receipt of the above joint letter, discussing whether briefing on Plaintiffs' motion to remand should be done in tandem with responses to the turnover petition, or whether briefing should be sequenced. (Dkt. #85). In light of the above discussion, the Court believes that it would be most efficient to sequence briefing, and to tie responses to the turnover petition to this Court's resolution of the remand motion. The Court believes that Defendants can properly address issues of federal question and supplemental jurisdiction, as well as predominance, in response to Plaintiffs' motion to remand without tandem briefing on the turnover petition. However, in order to allow Defendants time to adequately brief these issues, the Court believes that a slightly longer briefing schedule is warranted. Thus, Defendants may submit their response to Plaintiffs' motion to remand by May 5, 2023. Plaintiffs may submit their reply by May 19, 2023. The Court adopts the parties' proposal for responses to the turnover petition upon this Court's resolution of the motion to remand. ( Responses due by 5/5/2023, Replies due by 5/19/2023.) (Signed by Judge Katherine Polk Failla on 4/17/2023) (rro)
|
|
Filing 85
JOINT LETTER addressed to Judge Katherine Polk Failla from Andrew Clubok dated April 14, 2023 re: Parties' Proposed Briefing Schedules for Plaintiffs' Motion to Remand and Responses to the Special Turnover Petition. Document filed by UBS AG London Branch, UBS Securities LLC..(Clubok, Andrew)
|
|
Filing 84
NOTICE OF APPEARANCE by Shawn Preston Ricardo on behalf of Clo Holdco, LTD...(Ricardo, Shawn)
|
|
Filing 83
ORDER denying #81 Letter Motion for Oral Argument. Application DENIED. Should the Court request oral argument on Petitioners' motion to remand, it will apprise the parties at a later date. The Clerk of Court is directed to terminate the pending motion at docket entry 81. (Signed by Judge Katherine Polk Failla on 4/10/2023) (rro)
|
|
Filing 82
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent UBS AG, Corporate Parent UBS Group AG, Corporate Parent UBS Americas Holding LLC, Corporate Parent UBS Americas Inc. for UBS Securities LLC; Corporate Parent UBS AG, Corporate Parent UBS Group AG for UBS AG London Branch. Document filed by UBS AG London Branch, UBS Securities LLC..(Burt, Jason)
|
|
Filing 81
LETTER MOTION for Oral Argument addressed to Judge Katherine Polk Failla from Andrew Clubok dated April 6, 2023. Document filed by UBS AG London Branch, UBS Securities LLC..(Clubok, Andrew)
|
|
Filing 80
MEMORANDUM OF LAW in Support re: #79 MOTION to Remand to State Court . . Document filed by UBS AG London Branch, UBS Securities LLC..(Clubok, Andrew)
|
|
Filing 79
MOTION to Remand to State Court . Document filed by UBS AG London Branch, UBS Securities LLC. (Attachments: #1 Affidavit / Certificate of Service).(Clubok, Andrew)
|
|
Filing 78
WAIVER OF SERVICE RETURNED EXECUTED. Document filed by Clo Holdco, LTD...(McEntire, Sawnie)
|
|
Filing 77
AFFIDAVIT OF SERVICE served on Mainspring, Ltd. on March 31, 2023. Document filed by UBS AG London Branch, UBS Securities LLC..(Burt, Jason)
|
|
Filing 76
AFFIDAVIT OF SERVICE served on Montage Holdings, Ltd. on March 31, 2023. Document filed by UBS AG London Branch, UBS Securities LLC..(Burt, Jason)
|
|
Filing 75
AFFIDAVIT OF SERVICE served on Highland CDO Holding Company on March 31, 2023. Document filed by UBS AG London Branch, UBS Securities LLC..(Burt, Jason)
|
|
Filing 74
AFFIDAVIT OF SERVICE served on Highland Special Opportunities Holdings Company on March 31, 2023. Document filed by UBS AG London Branch, UBS Securities LLC..(Burt, Jason)
|
|
Filing 73
SUMMONS RETURNED EXECUTED. Highland Financial Partners, L.P. served on 3/31/2023, answer due 4/21/2023. Service was accepted by Robin Hutt-Banks. Document filed by UBS AG London Branch; UBS Securities LLC..(Burt, Jason)
|
|
Filing 72
WAIVER OF SERVICE RETURNED EXECUTED. Clo Holdco, LTD. waiver sent on 3/30/2023, answer due 5/30/2023. Document filed by Clo Holdco, LTD...(Ricardo, Shawn)
|
|
Filing 71
NOTICE OF APPEARANCE by Jeffrey Ross Wang on behalf of Scott Ellington..(Wang, Jeffrey)
|
|
Filing 70
NOTICE OF APPEARANCE by Kaelyn Elizabeth Gustafson on behalf of Scott Ellington..(Gustafson, Kaelyn)
|
|
Filing 69
ORDER GRANTING MOTION TO ADMIT COUNSEL PRO HAC VICE granting #56 Motion for Danielle J. McCall to Appear Pro Hac Vice. The Clerk of Court is directed to terminate the pending motion at docket entry 56.. (Signed by Judge Katherine Polk Failla on 3/30/2023) (rro)
|
|
Filing 68
ORDER GRANTING MOTION TO ADMIT COUNSEL PRO HAC VICE granting #55 Motion for Richard Frohlichstein to Appear Pro Hac Vice. The Clerk of Court is directed to terminate the pending motion at docket entry 55.. (Signed by Judge Katherine Polk Failla on 3/30/2023) (rro)
|
|
Filing 67
WAIVER OF SERVICE RETURNED EXECUTED. Scott Ellington waiver sent on 3/20/2023, answer due 5/19/2023. Document filed by UBS AG London Branch; UBS Securities LLC..(Burt, Jason)
|
|
Filing 66
WAIVER OF SERVICE RETURNED EXECUTED. James Dondero waiver sent on 3/20/2023, answer due 5/19/2023. Document filed by UBS AG London Branch; UBS Securities LLC..(Burt, Jason)
|
|
Filing 65
ELECTRONIC SUMMONS ISSUED as to Scott Ellington..(pc)
|
|
Filing 64
ELECTRONIC SUMMONS ISSUED as to Highland CDO Holding Company..(pc)
|
|
Filing 63
ELECTRONIC SUMMONS ISSUED as to James Dondero..(pc)
|
|
Filing 62
ELECTRONIC SUMMONS ISSUED as to Highland Financial Partners, L.P...(pc)
|
|
Filing 61
ELECTRONIC SUMMONS ISSUED as to Montage Holdings, Ltd...(pc)
|
|
Filing 60
ELECTRONIC SUMMONS ISSUED as to Mainspring, Ltd...(pc)
|
|
Filing 59
ELECTRONIC SUMMONS ISSUED as to Highland CDO Opportunity Master Fund, L.P...(pc)
|
|
Filing 58
ELECTRONIC SUMMONS ISSUED as to Clo Holdco, LTD...(pc)
|
|
Filing 57
ELECTRONIC SUMMONS ISSUED as to Highland Special Opportunities Holding Company..(pc)
|
|
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #55 MOTION for Richard Frohlichstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27532045. Motion and supporting papers to be reviewed by Clerk's Office staff., #56 MOTION for Danielle J. McCall to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27532102. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (laq)
|
|
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Deborah Deitsch-Perez. The party information for the following party/parties has been modified: Highland CDO Opportunity Master Fund, L.P.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (pc)
|
|
Filing 56
MOTION for Danielle J. McCall to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27532102. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by UBS AG London Branch, UBS Securities LLC. (Attachments: #1 Affidavit Declaration in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order Granting Motion to Admit Counsel Pro Hac Vice).(McCall, Danielle)
|
|
Filing 55
MOTION for Richard Frohlichstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27532045. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by UBS AG London Branch, UBS Securities LLC. (Attachments: #1 Affidavit /Declaration in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order Granting Motion to Admit Counsel Pro Hac Vice).(Frohlichstein, Richard)
|
|
Filing 54
REQUEST FOR ISSUANCE OF SUMMONS as to Highland CDO Opportunity Master Fund, L.P., re: Petition Other. Document filed by UBS AG London Branch, UBS Securities LLC..(George, Kathryn)
|
|
Filing 53
REQUEST FOR ISSUANCE OF SUMMONS as to Montage Holdings, Ltd., re: Petition Other. Document filed by UBS AG London Branch, UBS Securities LLC..(George, Kathryn)
|
|
Filing 52
REQUEST FOR ISSUANCE OF SUMMONS as to Mainspring, Ltd., re: Petition Other. Document filed by UBS AG London Branch, UBS Securities LLC..(George, Kathryn)
|
|
Filing 51
REQUEST FOR ISSUANCE OF SUMMONS as to CLO HoldCo, Ltd., re: Petition Other. Document filed by UBS AG London Branch, UBS Securities LLC..(George, Kathryn)
|
|
Filing 50
REQUEST FOR ISSUANCE OF SUMMONS as to Highland Special Opportunities Holding Company, re: Petition Other. Document filed by UBS AG London Branch, UBS Securities LLC..(George, Kathryn)
|
|
Filing 49
REQUEST FOR ISSUANCE OF SUMMONS as to Highland Financial Partners, L.P., re: Petition Other. Document filed by UBS AG London Branch, UBS Securities LLC..(George, Kathryn)
|
|
Filing 48
REQUEST FOR ISSUANCE OF SUMMONS as to Highland CDO Holding Company, re: Petition Other. Document filed by UBS AG London Branch, UBS Securities LLC..(George, Kathryn)
|
|
Filing 47
REQUEST FOR ISSUANCE OF SUMMONS as to Scott Ellington, re: Petition Other. Document filed by UBS AG London Branch, UBS Securities LLC..(George, Kathryn)
|
|
Filing 46
REQUEST FOR ISSUANCE OF SUMMONS as to James Dondero, re: Petition Other. Document filed by UBS AG London Branch, UBS Securities LLC..(George, Kathryn)
|
|
Filing 45
ORDER granting #29 Letter Motion for Extension of Time. Application GRANTED. The above-named parties are directed to follow the briefing schedule set forth above. In light of the parties' agreement, the initial pretrial conference scheduled to take place on May 9, 2023, is hereby ADJOURNED sine die. The Clerk of Court is directed to terminate the pending motion at docket entry 29. (Signed by Judge Katherine Polk Failla on 3/28/2023) (rro)
|
|
Filing 44
MEMO ENDORSEMENT on re: #43 Letter filed by Scott Ellington, James Dondero. ENDORSEMENT: The Court appreciates Defendants' above letter, confirming Plaintiffs' prior representations regarding the New York Supreme Court's order to show cause. The parties are in agreement that the special turnover petition and its exhibits may be unsealed. Accordingly, the Clerk of Court is directed to unseal the documents filed at docket entries 34 through 40, and to modify the viewing level to public view. (Signed by Judge Katherine Polk Failla on 3/28/2023) (rro)
|
|
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Andrew Brian Clubok, see Memo Endorsement (doc #30). Please file the Request for Issuance of Summons found under the Service of Process event. (jgo)
|
|
Set/Reset Deadlines: ( Responses due by 8/4/2023, Replies due by 9/8/2023.) (rro)
|
|
Filing 43
LETTER addressed to Judge Katherine Polk Failla from Deborah Deitsch-Perez dated March 27, 2023 re: Response Required by Order at Docket 42. Document filed by Scott Ellington, James Dondero..(Deitsch-Perez, Deborah)
|
|
Filing 42
MEMO ENDORSEMENT on re: #41 Letter, filed by UBS Securities LLC, UBS AG London Branch. ENDORSEMENT: The Court appreciates Plaintiffs bringing the above issue to the Court's attention. Based on Plaintiffs' representations, the Court understands that any issues associated with designating information as confidential have been resolved, as the relevant deponents and parties have not objected to Plaintiffs publicly filing all documents in line with the New York Supreme Court's prior order. In order to avoid any conflict with the New York Supreme Court's order that all documents presently under seal and with temporary redactions be filed in unredacted form by March 21, 2023 (see Dkt. #41, Ex. 1), Defendants Dondero and Ellington, who have appeared in this case following removal, are directed to submit a letter to the Court by March 28, 2023, confirming the above representations. At that point, the Court will order that the 0 be unsealed. The parties are no longer directed to follow the Court's Order of March 23, 2023. (Signed by Judge Katherine Polk Failla on 3/24/2023) (tro)
|
|
Filing 41
LETTER addressed to Judge Katherine Polk Failla from Kathryn George dated March 24, 2023 re: Public Filing of Previously Sealed Documents. Document filed by UBS AG London Branch, UBS Securities LLC. (Attachments: #1 Exhibit 1 - State Court Order).(George, Kathryn)
|
|
Filing 40
***SELECTED PARTIES***STATE COURT RECORDS AND PROCEEDINGS PURSUANT TO LOCAL RULE 81. Document filed by UBS AG London Branch, UBS Securities LLC, Clo Holdco, LTD., Scott Ellington, Highland CDO Holding Company, Highland CDO Opportunity Master Fund, L.P., Highland Financial Partners, L.P., Highland Special Opportunities Holding Company, James Dondero, Mainspring, Ltd., Montage Holdings, Ltd.. (Attachments: #1 Exhibit 115 - J. Dondero Dep. (Oct. 18, 2022), #2 Exhibit 116 - S. Ellington Dep. (July 29, 2021), #3 Exhibit 117 - S. Ellington Dep. (Oct. 19, 2022), #4 Exhibit 118 - K. Irving Dep. (Nov. 15, 2021), #5 Exhibit 119 - K. Irving Dep. (Sept. 20, 2022), #6 Exhibit 120 - I. Leventon Dep. (July 22, 2021), #7 Exhibit 121 - I. Leventon Dep. (Oct. 10, 2022), #8 Exhibit 122 - S. Raver Dep. (May 6, 2021), #9 Exhibit 123 - J. Ringheimer Dep. (Apr. 30, 2021), #10 Exhibit 124 - J.P. Sevilla Dep. (July 21, 2021), #11 Exhibit 125 - J.P. Sevilla Dep. (Oct. 11, 2022), #12 Exhibit 126 - C. Stoops Dep. (Apr. 27, 2021), #13 Exhibit 127 - T. Travers Dep. (Apr. 3, 2012), #14 Exhibit 128 - S. Vitiello Dep. (Sept. 19, 2022), #15 Exhibit 129 - Letter from Clay Taylor (Apr. 28, 2021), #16 Exhibit 130 - Letter from J. Pomerantz (May 7, 2021))Motion or Order to File Under Seal: #32 .(George, Kathryn)
|
|
Filing 39
***SELECTED PARTIES***STATE COURT RECORDS AND PROCEEDINGS PURSUANT TO LOCAL RULE 81. Document filed by UBS AG London Branch, UBS Securities LLC, Clo Holdco, LTD., Scott Ellington, Highland CDO Holding Company, Highland CDO Opportunity Master Fund, L.P., Highland Financial Partners, L.P., Highland Special Opportunities Holding Company, James Dondero, Mainspring, Ltd., Montage Holdings, Ltd.. (Attachments: #1 Exhibit 94 - Highland Funds Asset Management Relationship (Feb. 18, 2011), #2 Exhibit 95 - CIMA Statement of Guidance (Jan. 2014), #3 Exhibit 96 - CDO Holding Balance Sheet, #4 Exhibit 97 - HFP 2010 Organizational Chart, #5 Exhibit 98 - Asset Purchase Agreement (Aug. 7, 2017), #6 Exhibit 99 - Asset Transfer Agreement (Dec. 31, 2019), #7 Exhibit 100 - HCM Affiliates Organizational Chart (July 2019), #8 Exhibit 101 - CIBC Bank Statement (Apr. 30, 2020), #9 Exhibit 102 - CIBC Bank Statement (Jan. 29, 2021), #10 Exhibit 103 - Ellington Subpoena (Mar. 1, 2022), #11 Exhibit 104 - CDO Opportunity Fund Organizational Chart, #12 Exhibit 105 - HCM Organizational Chart, #13 Exhibit 106 - Beecher Carlson 30(b)(6) Dep. (Apr. 12, 2022), #14 Exhibit 107 - P. Braner Dep. (Dec. 6, 2011), #15 Exhibit 108 - P. Braner Dep. (Dec. 7, 2011), #16 Exhibit 110 - M. DiOrio Dep. (July 23, 2021), #17 Exhibit 111 - M. DiOrio Dep. (Oct. 3, 2022), #18 Exhibit 112 - J. Dondero Dep. (June 11, 2012), #19 Exhibit 113 - J. Dondero Dep. (May 10, 2021), #20 Exhibit 114 - J. Dondero Dep. (May 12, 2021))Motion or Order to File Under Seal: #32 .(George, Kathryn)
|
|
Filing 38
***SELECTED PARTIES***STATE COURT RECORDS AND PROCEEDINGS PURSUANT TO LOCAL RULE 81. Document filed by UBS AG London Branch, UBS Securities LLC, Clo Holdco, LTD., Scott Ellington, Highland CDO Holding Company, Highland CDO Opportunity Master Fund, L.P., Highland Financial Partners, L.P., Highland Special Opportunities Holding Company, James Dondero, Mainspring, Ltd., Montage Holdings, Ltd.. (Attachments: #1 Exhibit 74 - Email from M. DiOrio (Dec. 17, 2019), #2 Exhibit 75 - Email from T. Adamczak (Dec. 20, 2019), #3 Exhibit 76 - Email from CIBC Bank (Dec. 20, 2019), #4 Exhibit 77 - Email from M. DiOrio (Jan. 2, 2020), #5 Exhibit 78 - Email from CIBC Bank (Jan 6, 2020), #6 Exhibit 79 - Email from A. Devins (June 1, 2020), #7 Exhibit 80 - Email from A. Devins (Feb. 6, 2020), #8 Exhibit 81 - Email from A. Damien (Mar. 16, 2020), #9 Exhibit 82 - Email from M. DiOrio (Mar. 19, 2020), #10 Exhibit 83 - Email from M. DiOrio (Mar. 19, 2020), #11 Exhibit 84 - Email from CIBC (Apr. 24, 2020 19:02), #12 Exhibit 85 - Email from CIBC (Apr. 24, 2020 19:01), #13 Exhibit 86 - Email from I. Leventon (Aug. 5, 2020), #14 Exhibit 87 - Email from I. Leventon (Aug. 21, 2020), #15 Exhibit 88 - Email from H. Kim (Sept. 11, 2020), #16 Exhibit 89 - Email from G. Demo (Feb. 9, 2021), #17 Exhibit 90 - Settlement Agreement (Mar. 30, 2021), #18 Exhibit 91 - Email from G. Pereira (Apr. 27, 2021), #19 Exhibit 92 - Cash Warehouse Agreement (Mar. 14, 2008), #20 Exhibit 93 - Synthetic Warehouse Agreement (Mar. 14, 2008))Motion or Order to File Under Seal: #32 .(George, Kathryn)
|
|
Filing 37
***SELECTED PARTIES***STATE COURT RECORDS AND PROCEEDINGS PURSUANT TO LOCAL RULE 81. Document filed by UBS AG London Branch, UBS Securities LLC, Clo Holdco, LTD., Scott Ellington, Highland CDO Holding Company, Highland CDO Opportunity Master Fund, L.P., Highland Financial Partners, L.P., Highland Special Opportunities Holding Company, James Dondero, Mainspring, Ltd., Montage Holdings, Ltd.. (Attachments: #1 Exhibit 54 - Email from L. Thompson (Apr. 6, 2018), #2 Exhibit 55 - Email from J. Sevilla (June 6, 2018), #3 Exhibit 56 - Email from T. Adamczak (June 27, 2018), #4 Exhibit 57 - Email from L. Thompson (July 11, 2018), #5 Exhibit 58 - Email from T. Adamczak (July 16, 2018), #6 Exhibit 59 - Email from T. Adamczak (July 23, 2018), #7 Exhibit 60 - Email from J. Venza (Sept. 5, 2018), #8 Exhibit 61 - Email from R. Swadley (Sept. 12, 2018), #9 Exhibit 62 - Email from J. Arbeit (Oct. 3, 2018), #10 Exhibit 63 - Email from I. Leventon (Nov. 14, 2018), #11 Exhibit 64 - Email from M. DiOrio (Jan. 31, 2019), #12 Exhibit 65 - Email from C. Price (March 4, 2019), #13 Exhibit 66 - Email from C. Price (Mar. 5, 2019), #14 Exhibit 67 - Email from S. Dube (May 6, 2019), #15 Exhibit 68 - Email from C. Price (June 20, 2019), #16 Exhibit 69 - Email from K. Irving (Aug. 6, 2019), #17 Exhibit 70 - Email from J. Sevilla (Sept. 13, 2019), #18 Exhibit 71 - Email from H. Kim (Sept. 23, 2019), #19 Exhibit 72 - Email from S. Ellington (Dec. 12, 2019), #20 Exhibit 73 - Email from A. Devins (Dec. 17, 2019))Motion or Order to File Under Seal: #32 .(George, Kathryn)
|
|
Filing 36
***SELECTED PARTIES***STATE COURT RECORDS AND PROCEEDINGS PURSUANT TO LOCAL RULE 81. Document filed by UBS AG London Branch, UBS Securities LLC, Clo Holdco, LTD., Scott Ellington, Highland CDO Holding Company, Highland CDO Opportunity Master Fund, L.P., Highland Financial Partners, L.P., Highland Special Opportunities Holding Company, James Dondero, Mainspring, Ltd., Montage Holdings, Ltd.. (Attachments: #1 Exhibit 34 - Email from M. Khankin (Jan. 3, 2011), #2 Exhibit 35 - Email from C. Chism (Jan. 5, 2011), #3 Exhibit 36 - Email from L. Thedford (Mar. 1, 2017), #4 Exhibit 37 - Email from S. Vitiello (Apr. 11, 2017), #5 Exhibit 38 - Email from I. Leventon (Apr. 12, 2017), #6 Exhibit 39 - Email from I. Leventon (Apr. 13, 2017), #7 Exhibit 40 - Email from I. Leventon (Apr. 19, 2017), #8 Exhibit 41 - Email from T. Adamczak (June 28, 2017), #9 Exhibit 42 - Email from P. Kranz (Aug. 8, 2017), #10 Exhibit 43 - Email from J. Sevilla (Aug. 10, 2017), #11 Exhibit 44 - Email from K. Irving (Aug. 10, 2017), #12 Exhibit 45 - Email from A. Devins (Mar. 22, 2018), #13 Exhibit 46 - Email from D. Willmore (Aug. 11, 2017), #14 Exhibit 47 - Email from T. Loiben (Aug. 14, 2017 16:57), #15 Exhibit 48 - Email from T. Loiben (Aug. 14, 2017 17:07), #16 Exhibit 49 - Email from K. Irving (Aug. 16, 2017), #17 Exhibit 50 - Email from S. Goldsmith (Aug. 31, 2017), #18 Exhibit 51 - Email from I. Leventon (Oct. 26, 2017), #19 Exhibit 52 - Limited Liability Insurance Policy and Endorsements (June 2018), #20 Exhibit 53 - Email from J. Sevilla (Nov. 20, 2017))Motion or Order to File Under Seal: #32 .(George, Kathryn)
|
|
Filing 35
***SELECTED PARTIES***STATE COURT RECORDS AND PROCEEDINGS PURSUANT TO LOCAL RULE 81. Document filed by UBS AG London Branch, UBS Securities LLC, Clo Holdco, LTD., Scott Ellington, Highland CDO Holding Company, Highland CDO Opportunity Master Fund, L.P., Highland Financial Partners, L.P., Highland Special Opportunities Holding Company, James Dondero, Mainspring, Ltd., Montage Holdings, Ltd.. (Attachments: #1 Exhibit 14 - Bk. Claim No. 216 (Mar. 3, 2021), #2 Exhibit 15 - Bk. Claim No. 244 (Mar. 23, 2021), #3 Exhibit 16 - Bk. Dkt. No. 2389 (May 27, 2021), #4 Exhibit 17 - Bk. Dkt. No. 2423 (June. 8, 2021), #5 Exhibit 18 - Bk. Dkt. No. 2660 (Aug. 4, 2021), #6 Exhibit 19 - Bk. Dkt. No. 2856 (Sept. 21, 2021), #7 Exhibit 20 - Bk. Dkt. No. 2940 (Oct. 19, 2021), #8 Exhibit 21 - Bk. Dkt. No. 3191 (Jan. 24, 2022), #9 Exhibit 22 - Bk. Dkt. No. 3317 (Mar. 24, 2022), #10 Exhibit 23 - Phase II Decision and Order (July 29, 2022), #11 Exhibit 24 - Phase II Judgment, Decision and Order (Nov. 21, 2022), #12 Exhibit 25 - Partial Satisfaction-Piece for Post Judgment Interest (Feb. 1, 2023), #13 Exhibit 26 - Email from J. Blumer (Oct. 22, 2010), #14 Exhibit 27 - Email from T. Surgent (Dec. 10, 2010), #15 Exhibit 28 - Email from H. Kim (Dec. 14, 2010), #16 Exhibit 29 - Email from A. Alvarez (Dec. 16, 2010), #17 Exhibit 30 - Email from M. Khankin (Dec. 16, 2010), #18 Exhibit 31 - Email from A. Alvarez (Dec. 20, 2010), #19 Exhibit 32 - Email from M. Okolita (Dec. 21, 2010), #20 Exhibit 33 - Email from A. Alvarez (Dec. 22, 2010))Motion or Order to File Under Seal: #32 .(George, Kathryn)
|
|
Filing 34
***SELECTED PARTIES***STATE COURT RECORDS AND PROCEEDINGS PURSUANT TO LOCAL RULE 81. Document filed by UBS AG London Branch, UBS Securities LLC, Clo Holdco, LTD., Scott Ellington, Highland CDO Holding Company, Highland CDO Opportunity Master Fund, L.P., Highland Financial Partners, L.P., Highland Special Opportunities Holding Company, James Dondero, Mainspring, Ltd., Montage Holdings, Ltd.. (Attachments: #1 Exhibit - Notice of Turnover Petition, #2 Exhibit - Special Turnover Petition, #3 Exhibit - Memorandum of Law in Support of Turnover Petition, #4 Exhibit - Affidavit of Jason R. Burt in Support of Special Turnover Petition, #5 Exhibit A - Wire Fraud Chart, #6 Exhibit B - Money Laundering Chart, #7 Exhibit C - Glossary of Terms, #8 Exhibit 1 - Decision and Order Denying Motion to Dismiss (Mar. 3, 2011), #9 Exhibit 2 - Dudney Report (June 17, 2022), #10 Exhibit 3 - Docket Excerpts, LLV Holdco LLC v. James Coyne, No. A-17-749387 (Jan. 8, 2023), #11 Exhibit 4 - Bk. Dkt. No. 177 (Dec. 4, 2019), #12 Exhibit 5 - Bk. Dkt. No. 281 (Dec. 27, 2019), #13 Exhibit 6 - Bk. Dkt. No. 339 (Jan. 9, 2020), #14 Exhibit 7 - Bk. Dkt. No. 380 (Jan. 22, 2020), #15 Exhibit 8 - Bk. Claim No. 182 (May 26, 2020), #16 Exhibit 9 - Bk. Claim No. 183 (May 26, 2020), #17 Exhibit 10 - Bk. Dkt. No. 912 (Aug. 3, 2020), #18 Exhibit 11 - Letter from A. Clubok (Sept. 19, 2020) (Phase I Decision and Order; Judgment), #19 Exhibit 12 - Motion to Dismiss Hearing Transcript (Mar. 2, 2011), #20 Exhibit 13 - Bk. Dkt. No. 1345-10 (Nov. 6, 2020))Motion or Order to File Under Seal: #32 .(George, Kathryn)
|
|
Filing 33
ORDER GRANTING MOTION TO ADMIT COUNSEL PRO HAC VICE granting #28 Motion for Jason R. Burt to Appear Pro Hac Vice. The Clerk of Court is directed to terminate the pending motion at docket entry 28. (Signed by Judge Katherine Polk Failla on 3/24/2023) (rro)
|
|
Filing 32
ORDER: On March 7, 2023, this special turnover petition was removed to this Court. (Dkt. #1-4). Many documents included with the special turnover petition, and the petition itself, contain redactions. Accordingly, Plaintiffs or Defendant James Dondero, who removed this case to this Court, are ORDERED to file sealed and unredacted versions of the petition and exhibits by March 27, 2023. The Court will not weigh in on the parties' proposed schedule for responses to the turnover petition and replies until the Court has reviewed the unredacted filings. (Signed by Judge Katherine Polk Failla on 3/23/2023) (rro)
|
|
Filing 31
ORDER GRANTING MOTION TO ADMIT COUNSEL PRO HAC VICE granting #27 Motion for Kathryn George to Appear Pro Hac Vice. The Clerk of Court is directed to terminate the pending motion at docket entry 27. (Signed by Judge Katherine Polk Failla on 3/23/2023) (rro)
|
|
Filing 30
MEMO ENDORSEMENT on re: #26 Letter filed by UBS Securities LLC, UBS AG London Branch. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to issue the requested summonses. (Signed by Judge Katherine Polk Failla on 3/22/2023) (rro) Transmission to Civil Case Openings Clerk for processing.
|
|
Filing 29
CONSENT LETTER MOTION for Extension of Time for defendants James Dondero, Scott Ellington, and CLO HoldCo, Ltd. to respond to UBS's Special Turnover Petition addressed to Judge Katherine Polk Failla from Robert J. Lack dated March 22, 2023. Document filed by Scott Ellington..(Lack, Robert)
|
|
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #27 MOTION for Kathryn George to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27500193. Motion and supporting papers to be reviewed by Clerk's Office staff., #28 MOTION for Jason R. Burt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27500223. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
|
|
Filing 28
MOTION for Jason R. Burt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27500223. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by UBS AG London Branch, UBS Securities LLC. (Attachments: #1 Affidavit / Declaration of Jason R. Burt in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A - Certificates of Good Standing, #3 Text of Proposed Order Granting Motion to Admit Counsel Pro Hac Vice).(Burt, Jason)
|
|
Filing 27
MOTION for Kathryn George to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27500193. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by UBS AG London Branch, UBS Securities LLC. (Attachments: #1 Affidavit / Declaration of Kathryn George in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order Granting Motion to Admit Counsel Pro Hac Vice).(George, Kathryn)
|
|
Filing 26
LETTER addressed to Judge Katherine Polk Failla from Andrew B. Clubok dated March 21, 2023 re: Request for Issuance of Summons After Removal. Document filed by UBS AG London Branch, UBS Securities LLC..(Clubok, Andrew)
|
|
Filing 25
CERTIFICATE OF SERVICE of Notice of Removal and Removal Papers served on Highland Special Opportunities Holding Company c/o Intertrust Corporate Services (Cayman) Limited on March 10, 2023. Service was made by Mail. Document filed by James Dondero..(Deitsch-Perez, Deborah)
|
|
Filing 24
CERTIFICATE OF SERVICE of Notice of Removal and Removal Papers served on UBS AG London Branch on March 10, 2023. Service was made by Mail. Document filed by James Dondero..(Deitsch-Perez, Deborah)
|
|
Filing 23
CERTIFICATE OF SERVICE of Notice of Removal and Removal Papers served on UBS Securities LLC on March 10, 2023. Service was made by Mail. Document filed by James Dondero..(Deitsch-Perez, Deborah)
|
|
Filing 22
NOTICE OF APPEARANCE by Robert Joel Lack on behalf of Scott Ellington..(Lack, Robert)
|
|
Filing 21
CERTIFICATE OF SERVICE of Notice of Removal and Removal Papers served on Montage Holdings, Ltd. on 03/10/2023. Service was made by Mail. Document filed by James Dondero..(Deitsch-Perez, Deborah)
|
|
Filing 20
CERTIFICATE OF SERVICE of Notice of Removal and Removal Papers served on Mainspring, Ltd. on 03/10/2023. Service was made by Mail. Document filed by James Dondero..(Deitsch-Perez, Deborah)
|
|
Filing 19
CERTIFICATE OF SERVICE of Notice of Removal and Removal Papers served on CLO HoldCo, Ltd. on 03/10/2023. Service was made by Mail. Document filed by James Dondero..(Deitsch-Perez, Deborah)
|
|
Filing 18
CERTIFICATE OF SERVICE of Notice of Removal and Removal Papers served on Highland CDO Holding Company on 03/10/2023. Service was made by Mail. Document filed by James Dondero..(Deitsch-Perez, Deborah)
|
|
Filing 17
CERTIFICATE OF SERVICE of Notice of Removal and Removal Papers served on Scott Ellington on 03/10/2023. Service was made by Mail. Document filed by James Dondero..(Deitsch-Perez, Deborah)
|
|
Filing 16
CERTIFICATE OF SERVICE of Notice of Removal and Removal Papers served on Highland CDO Opportunity Master Fund LP on 03/10/2023. Service was made by Mail. Document filed by James Dondero..(Deitsch-Perez, Deborah)
|
|
Filing 15
CERTIFICATE OF SERVICE of Notice of Removal and Removal Papers served on Highland Special Opportunities Holding Company on 03/10/2023. Service was made by Mail. Document filed by James Dondero..(Deitsch-Perez, Deborah)
|
|
Filing 14
CERTIFICATE OF SERVICE of Notice of Removal and Removal Papers served on Highland Financial Partners, LP on 3/10/2023. Service was made by Mail. Document filed by James Dondero..(Deitsch-Perez, Deborah)
|
|
Filing 13
CERTIFICATE OF SERVICE of Notice of Removal and Removal Papers served on UBS AG London Branch on 3/10/2023. Service was made by Mail. Document filed by James Dondero..(Deitsch-Perez, Deborah)
|
|
Filing 12
CERTIFICATE OF SERVICE of Notice of Removal and Removal Papers served on UBS Securities LLC on 03/10/2023. Service was made by Mail. Document filed by James Dondero..(Deitsch-Perez, Deborah)
|
|
Filing 11
NOTICE OF INITIAL PRETRIAL CONFERENCE: The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. (And as further set forth herein.) SO ORDERED. Initial Conference set for 5/9/2023 at 11:00 AM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 3/13/2023) (jca)
|
|
NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Jennifer H. Rearden is no longer assigned to the case. (aea)
|
|
Filing 10
STATE COURT RECORDS AND PROCEEDINGS PURSUANT TO LOCAL RULE 81. Document filed by James Dondero. (Attachments: #1 Exhibit 101 - Petition Exhibit 97 - HFP 2010 Organizational Chart, #2 Exhibit 102 - Petition Exhibit 98 - Asset Purchase Agreement (Aug. 7, 2017), #3 Exhibit 103 - Petition Exhibit 99 - Asset Transfer Agreement (Dec. 31, 2019), #4 Exhibit 104 - Petition Exhibit 100 - HCM Affiliates Organizational Chart (July 2019), #5 Exhibit 105 - Petition Exhibit 101 - CIBC Bank Statement (Apr. 30, 2020) (Redacted), #6 Exhibit 106 - Petition Exhibit 102 - CIBC Bank Statement (Jan. 29, 2021) (Redacted), #7 Exhibit 107 - Petition Exhibit 103 - Ellington Subpoena (Mar. 1, 2022), #8 Exhibit 108 - Petition Exhibit 104 - CDO Opportunity Fund Organizational Chart, #9 Exhibit 109 - Petition Exhibit 105 - HCM Organizational Chart, #10 Exhibit 110 - Petition Exhibit 106 - Beecher Carlson 30(b)(6) Dep. (Apr. 12, 2022), #11 Exhibit 111 - Petition Exhibit 107 - P. Braner Dep. (Dec. 6, 2011), #12 Exhibit 112 - Petition Exhibit 108 - P. Braner Dep. (Dec. 7, 2011), #13 Exhibit 113 - Petition Exhibit 110 - M. DiOrio Dep. (July 23, 2021), #14 Exhibit 114 - Petition Exhibit 112 - J. Dondero Dep. (June 11, 2012), #15 Exhibit 115 - Petition Exhibit 113 - J. Dondero Dep. (May 10, 2021), #16 Exhibit 116 - Petition Exhibit 114 - J. Dondero Dep. (May 12, 2021), #17 Exhibit 117 - Petition Exhibit 116 - S. Ellington Dep. (July 29, 2021), #18 Exhibit 118 - Petition Exhibit 118 - K. Irving Dep. (Nov. 15, 2021), #19 Exhibit 119 - Petition Exhibit 120 - I. Leventon Dep. (July 22, 2021), #20 Exhibit 120 - Petition Exhibit 122 - S. Raver Dep. (May 6, 2021), #21 Exhibit 121 - Petition Exhibit 123 - J. Ringheimer Dep. (Apr. 30, 2021), #22 Exhibit 122 - Petition Exhibit 124 - J.P. Sevilla Dep. (July 21, 2021), #23 Exhibit 123 - Petition Exhibit 126 - C. Stoops Dep. (Apr. 27, 2021), #24 Exhibit 124 - Petition Exhibit 127 - T. Travers Dep. (Apr. 3, 2012), #25 Exhibit 125 - Petition Exhibit 129 - Letter from Clay Taylor (Apr. 28, 2021), #26 Exhibit 126 - Petition Exhibit 130 - Letter from J. Pomerantz (May 7, 2021), #27 Exhibit 127 - 2023.02.08 Affidavit iso Special Turnover Petition - Jason Burt, #28 Exhibit 128 - 2023.02.08 Notice of Turnover Petition, #29 Exhibit 129 - 2023.02.08 Memorandum of Law in Support of Turnover Petition (Redacted), #30 Exhibit 130 - Proposed Order to Show Cause, #31 Exhibit 131 - 2023.02.08 Affidavit iso Order to Show Cause - Jason Burt, #32 Exhibit 132 - 2023.02.08 Notice of Motion for Leave to File an Oversized Memorandum of Law, #33 Exhibit 133 - 2023.02.08 Affirmation in Support of Motion for Leave to File an Oversized Memorandum of Law - Clubok, #34 Exhibit 134 - 2023.02.08 Notice of Motion for Admission of Attorney Pro Hac Vice - Jason Burt, #35 Exhibit 135 - 2023.02.08 Affirmation of Andrew Clubok in Support of Motion for Admission of Attorney Pro Hac Vice, #36 Exhibit 136 - 2023.02.08 Affidavit of Jason R. Burt in Support of Motion for Admission of Attorney Pro Hac Vice, #37 Exhibit 137 - Exhibit A - Certificate of Good Standing, #38 Exhibit 138 - 2023.02.08 Proposed PHV Order, #39 Exhibit 139 - 2023.02.08 Request for Judicial Intervention, #40 Exhibit 140 - 2023.02.08 Request for Judicial Intervention Addendum, #41 Exhibit 141 - 2023.02.10 Latham Letter to Justice Silvera, #42 Exhibit 142 - Letter to The Honorable Adam Silvera Requesting Assignment to Commercial Division, #43 Exhibit 143 - 2023.02.21 Administrative Order, #44 Exhibit 144 - 2023.02.24 Order to Show Cause, #45 Exhibit 145 - 2023.02.24 Notice of Motion, #46 Exhibit 146 - 2023.02.24 Affirmation of Clubok, #47 Exhibit 147 - 2023.02.24 Affidavit of Kathryn George, #48 Exhibit 148 - 2023.02.24 Exhibit A Certificate of Good Standing, #49 Exhibit 149 - Proposed Order (PHV), #50 Exhibit 150 - 2023.02.28 Affidavit of Service, #51 Exhibit 151 - 2023.02.28 Affidavit of Service, #52 Exhibit 152 - 2023.03.06 Proposed Ex Parte Order Extending Turnover Petition Return Date, #53 Exhibit 153 - 2023.03.06 Clubok Affirmation iso Proposed Ex Parte Order Extending Turnover Petition Return Date, #54 Exhibit 154 - 2023.03.07 Ex Parte Order Extending Turnover Petition Return Date, #55 Exhibit 155 - 2023.03.07 Notice of Filing Notice of Removal, #56 Exhibit 156 - Exhibit A to Notice of Filing Notice of Removal, #57 Exhibit 157 - State Court Docket (as of this filing)).(Deitsch-Perez, Deborah)
|
|
Filing 9
STATE COURT RECORDS AND PROCEEDINGS PURSUANT TO LOCAL RULE 81. Document filed by James Dondero. (Attachments: #1 Exhibit 51 - Petition Exhibit 47 - Email from T. Loiben (Aug. 14, 2017 16-57), #2 Exhibit 52 - Petition Exhibit 48 - Email from T. Loiben (Aug. 14, 2017 17-07), #3 Exhibit 53 - Petition Exhibit 49 - Email from K. Irving (Aug. 16, 2017), #4 Exhibit 54 - Petition Exhibit 50 - Email from S. Goldsmith (Aug. 31, 2017), #5 Exhibit 55 - Petition Exhibit 51 - Email from I. Leventon (Oct. 26, 2017), #6 Exhibit 56 - Petition Exhibit 52 - Limited Liability Insurance Policy and Endorsements (June 2018), #7 Exhibit 57 - Petition Exhibit 53 - Email from J. Sevilla (Nov. 20, 2017), #8 Exhibit 58 - Petition Exhibit 54 - Email from L. Thompson (Apr. 6, 2018), #9 Exhibit 59 - Petition Exhibit 55 - Email from J. Sevilla (June 6, 2018), #10 Exhibit 60 - Petition Exhibit 56 - Email from T. Adamczak (June 27, 2018), #11 Exhibit 61 - Petition Exhibit 57 - Email from L. Thompson (July 11, 2018), #12 Exhibit 62 - Petition Exhibit 58 - Email from T. Adamczak (July 16, 2018), #13 Exhibit 63 - Petition Exhibit 59 - Email from T. Adamczak (July 23, 2018), #14 Exhibit 64 - Petition Exhibit 60 - Email from J. Venza (Sept. 5, 2018), #15 Exhibit 65 - Petition Exhibit 61 - Email from R. Swadley (Sept. 12, 2018), #16 Exhibit 66 - Petition Exhibit 62 - Email from J. Arbeit (Oct. 3, 2018), #17 Exhibit 67 - Petition Exhibit 63 - Email from I. Leventon (Nov. 14, 2018) (Redacted), #18 Exhibit 68 - Petition Exhibit 64 Email from M. DiOrio (Jan. 31, 2019), #19 Exhibit 69 - Petition Exhibit 65 - Email from C. Price (March 4, 2019), #20 Exhibit 70 - Petition Exhibit 66 - Email from C. Price (Mar. 5, 2019), #21 Exhibit 71 - Petition Exhibit 67 - Email from S. Dube (May 6, 2019), #22 Exhibit 72 - Petition Exhibit 68 - Email from C. Price (June 20, 2019), #23 Exhibit 73 - Petition Exhibit 69 - Email from K. Irving (Aug. 6, 2019), #24 Exhibit 74 - Petition Exhibit 70 - Email from J. Sevilla (Sept. 13, 2019), #25 Exhibit 75 - Petition Exhibit 71 - Email from H. Kim (Sept. 23, 2019) (Redacted), #26 Exhibit 76 - Petition Exhibit 72 - Email from S. Ellington (Dec. 12, 2019), #27 Exhibit 77 - Petition Exhibit 73 - Email from A. Devins (Dec. 17, 2019) (Redacted), #28 Exhibit 78 - Petition Exhibit 74 - Email from M. DiOrio (Dec. 17, 2019) (Redacted), #29 Exhibit 79 - Petition Exhibit 75 - Email from T. Adamczak (Dec. 20, 2019) (Redacted), #30 Exhibit 80 - Petition Exhibit 76 - Email from CIBC Bank (Dec. 20, 2019) (Redacted), #31 Exhibit 81 - Petition Exhibit 77 - Email from M. DiOrio (Jan. 2, 2020) (Redacted), #32 Exhibit 82 - Petition Exhibit 78 - Email from CIBC Bank (Jan 6, 2020) (Redacted), #33 Exhibit 83 - Petition Exhibit 79 - Email from A. Devins (June 1, 2020), #34 Exhibit 84 - Petition Exhibit 80 - Email from A. Devins (Feb. 6, 2020) (Redacted), #35 Exhibit 85 - Petition Exhibit 81 - Email from A. Damien (Mar. 16, 2020) (Redacted), #36 Exhibit 86 - Petition Exhibit 82 - Email from M. DiOrio (Mar. 19, 2020), #37 Exhibit 87 - Petition Exhibit 83 - Email from J. Neveril (Apr. 24, 2020), #38 Exhibit 88 - Petition Exhibit 84 - Email from CIBC (Apr. 24, 2020 19-02), #39 Exhibit 89 - Petition Exhibit 85 - Email from CIBC (Apr. 24, 2020 19-01), #40 Exhibit 90 - Petition Exhibit 86 - Email from I. Leventon (Aug. 5, 2020), #41 Exhibit 91 - Petition Exhibit 87 - Email from I. Leventon (Aug. 21, 2020), #42 Exhibit 92 - Petition Exhibit 88 - Email from H. Kim (Sept. 11, 2020), #43 Exhibit 93 - Petition Exhibit 89 - Email from G. Demo (Feb. 9, 2021), #44 Exhibit 94 - Petition Exhibit 90 - Settlement Agreement (Mar. 30, 2021), #45 Exhibit 95 - Petition Exhibit 91 - Email from G. Pereira (Apr. 27, 2021), #46 Exhibit 96 - Petition Exhibit 92 - Cash Warehouse Agreement (Mar. 14, 2008), #47 Exhibit 97 - Petition Exhibit 93 - Cash Warehouse Agreement (Mar. 14, 2008), #48 Exhibit 98 - Petition Exhibit 94 - Highland Funds Asset Management Relationship (Feb. 18, 2011), #49 Exhibit 99 - Petition Exhibit 95 - CIMA Statement of Guidance (Jan. 2014), #50 Exhibit 100 - Petition Exhibit 96 - CDO Holding Balance Sheet).(Deitsch-Perez, Deborah)
|
|
Filing 8
STATE COURT RECORDS AND PROCEEDINGS PURSUANT TO LOCAL RULE 81. Document filed by James Dondero. (Attachments: #1 Exhibit 1 - 2023.02.08 Special Turnover Petition, #2 Exhibit 2 - Petition Exhibit A - Wire Fraud Chart (Redacted), #3 Exhibit 3 - Petition Exhibit B - Money Laundering Chart (Redacted), #4 Exhibit 4 - Petition Exhibit C - Glossary of Terms, #5 Exhibit 5 - Petition Exhibit 1 - Decision and Order Denying Motion to Dismiss (Mar. 3, 2011), #6 Exhibit 6 - Petition Exhibit 2 - Dudney Report (June 17, 2022), #7 Exhibit 7 - Petition Exhibit 3 - Docket Excerpts, LLV Holdco LLC v. James Coyne, No. A-17-749387 (Jan. 8, 2023), #8 Exhibit 8 - Petition Exhibit 4 - Bk. Dkt. No. 177 (Dec. 4, 2019), #9 Exhibit 9 - Petition Exhibit 5 - Bk. Dkt. No. 281 (Dec. 27, 2019), #10 Exhibit 10 - Petition Exhibit 6 - Bk. Dkt. No. 339 (Jan. 9, 2020), #11 Exhibit 11 - Petition Exhibit 7 - Bk. Dkt. No. 380 (Jan. 22, 2020), #12 Exhibit 12 - Petition Exhibit 8 - Bk. Claim No. 182 (May 26, 2020), #13 Exhibit 13 - Petition Exhibit 9 - Bk. Claim No. 183 (May 26, 2020), #14 Exhibit 14 - Petition Exhibit 10 - Bk. Dkt. No. 912 (Aug. 3, 2020), #15 Exhibit 15 - Petition Exhibit 11 - Letter from A. Clubok (Sept. 19, 2020) (Phase I Decision and Order; Judgment), #16 Exhibit 16 - Petition Exhibit 12 - Motion to Dismiss Hearing Transcript (Mar. 2, 2011), #17 Exhibit 17 - Petition Exhibit 13 - Bk. Dkt. No. 1345-10 (Nov. 6, 2020), #18 Exhibit 18 - Petition Exhibit 14 - Bk. Claim No. 216 (Mar. 3, 2021), #19 Exhibit 19 - Petition Exhibit 15 - Bk. Claim No. 244 (Mar. 23, 2021), #20 Exhibit 20 - Petition Exhibit 16 - Bk. Dkt. No. 2389 (May 27, 2021), #21 Exhibit 21a - Petition Exhibit 17 - Bk. Dkt. No. 2423 (June 8, 2021) Part 1, #22 Exhibit 21b - Petition Exhibit 17 - Bk. Dkt. No. 2423 (June 8, 2021) Part 2, #23 Exhibit 21c - Petition Exhibit 17 - Bk. Dkt. No. 2423 (June 8, 2021) Part 3, #24 Exhibit 21d - Petition Exhibit 17 - Bk. Dkt. No. 2423 (June 8, 2021) Part 4, #25 Exhibit 21e - Petition Exhibit 17 - Bk. Dkt. No. 2423 (June 8, 2021) Part 5, #26 Exhibit 22 - Petition Exhibit 18 - Bk. Dkt. No. 2660 (Aug. 4, 2021), #27 Exhibit 23 - Petition Exhibit 19 - Bk. Dkt. No. 2856 (Sept. 21, 2021) (Redacted), #28 Exhibit 24 - Petition Exhibit 20 - Bk. Dkt. No. 2940 (Oct. 19, 2021) (Redacted), #29 Exhibit 25 - Petition Exhibit 21 - Bk. Dkt. No. 3191 (Jan. 24, 2022), #30 Exhibit 26 - Petition Exhibit 22 - Bk. Dkt. No. 3317 (Mar. 24, 2022) (Redacted), #31 Exhibit 27 - Petition Exhibit 23 - Phase II Decision and Order (July 29, 2022), #32 Exhibit 28 - Petition Exhibit 24 - Phase II Judgment, Decision and Order (Nov. 21, 2022), #33 Exhibit 29 - Petition Exhibit 25 - Partial Satisfaction-Piece for Post Judgment Interest (Feb. 1, 2023), #34 Exhibit 30 - Petition Exhibit 26 - Email from J. Blumer (Oct. 22, 2010) (Redacted), #35 Exhibit 31 - Petition Exhibit 27 - Email from T. Surgent (Dec. 10, 2010), #36 Exhibit 32 - Petition Exhibit 28 - Email from H. Kim (Dec. 14, 2010), #37 Exhibit 33 - Petition Exhibit 29 - Email from A. Alvarez (Dec. 16, 2010) (Redacted), #38 Exhibit 34 - Petition Exhibit 30 - Email from M. Khankin (Dec. 16, 2010), #39 Exhibit 35 - Petition Exhibit 31 - Email from A. Alvarez (Dec. 20, 2010), #40 Exhibit 36 - Petition Exhibit 32 - Email from M. Okolita (Dec. 21, 2010), #41 Exhibit 37 - Petition Exhibit 33 - Email from A. Alvarez (Dec. 22, 2010) (Redacted), #42 Exhibit 38 - Petition Exhibit 34 - Email from M. Khankin (Jan. 3, 2011), #43 Exhibit 39 - Petition Exhibit 35 - Email from C. Chism (Jan. 5, 2011) (Redacted), #44 Exhibit 40 - Petition Exhibit 36 - Email from L. Thedford (Mar. 1, 2017), #45 Exhibit 41 - Petition Exhibit 37 - Email from S. Vitiello (Apr. 11, 2017), #46 Exhibit 42 - Petition Exhibit 38 - Email from I. Leventon (Apr. 12, 2017), #47 Exhibit 43 - Petition Exhibit 39 - Email from I. Leventon (Apr. 13, 2017), #48 Exhibit 44 - Petition Exhibit 40 - Email from I. Leventon (Apr. 19, 2017), #49 Exhibit 45 - Petition Exhibit 41 - Email from T. Adamczak (June 28, 2017), #50 Exhibit 46 - Petition Exhibit 42 - Email from P. Kranz (Aug. 8, 2017), #51 Exhibit 47 - Petition Exhibit 43 - Email from J. Sevilla (Aug. 10, 2017), #52 Exhibit 48 - Petition Exhibit 44 - Email from K. Irving (Aug. 10, 2017), #53 Exhibit 49 - Petition Exhibit 45 - Email from A. Devins (Mar. 22, 2018), #54 Exhibit 50 - Petition Exhibit 46 - Email from D. Willmore (Aug. 11, 2017) (Redacted)).(Deitsch-Perez, Deborah)
|
|
Filing 7
CIVIL COVER SHEET filed..(Deitsch-Perez, Deborah)
|
|
Filing 6
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 650744/2023..Document filed by James Dondero..(Deitsch-Perez, Deborah)
|
|
Filing 5
NOTICE OF APPEARANCE by Andrew Brian Clubok on behalf of UBS AG London Branch, UBS Securities LLC..(Clubok, Andrew)
|
|
Filing 4
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of Declaration in Support of Notice of Removal (Part 3) re: #1 Notice of Removal. Document filed by James Dondero. (Attachments: #1 Exhibit 101 - Petition Exhibit 97 - HFP 2010 Organizational Chart, #2 Exhibit 102 - Petition Exhibit 98 - Asset Purchase Agreement (Aug. 7, 2017), #3 Exhibit 103 - Petition Exhibit 99 - Asset Transfer Agreement (Dec. 31, 2019), #4 Exhibit 104 - Petition Exhibit 100 - HCM Affiliates Organizational Chart (July 2019), #5 Exhibit 105 - Petition Exhibit 101 - CIBC Bank Statement (Apr. 30, 2020) (Redacted), #6 Exhibit 106 - Petition Exhibit 102 - CIBC Bank Statement (Jan. 29, 2021) (Redacted), #7 Exhibit 107 - Petition Exhibit 103 - Ellington Subpoena (Mar. 1, 2022), #8 Exhibit 108 - Petition Exhibit 104 - CDO Opportunity Fund Organizational Chart, #9 Exhibit 109 - Petition Exhibit 105 - HCM Organizational Chart, #10 Exhibit 110 - Petition Exhibit 106 - Beecher Carlson 30(b)(6) Dep. (Apr. 12, 2022), #11 Exhibit 111 - Petition Exhibit 107 - P. Braner Dep. (Dec. 6, 2011), #12 Exhibit 112 - Petition Exhibit 108 - P. Braner Dep. (Dec. 7, 2011), #13 Exhibit 113 - Petition Exhibit 110 - M. DiOrio Dep. (July 23, 2021), #14 Exhibit 114 - Petition Exhibit 112 - J. Dondero Dep. (June 11, 2012), #15 Exhibit 115 - Petition Exhibit 113 - J. Dondero Dep. (May 10, 2021), #16 Exhibit 116 - Petition Exhibit 114 - J. Dondero Dep. (May 12, 2021), #17 Exhibit 117 - Petition Exhibit 116 - S. Ellington Dep. (July 29, 2021), #18 Exhibit 118 - Petition Exhibit 118 - K. Irving Dep. (Nov. 15, 2021), #19 Exhibit 119 - Petition Exhibit 120 - I. Leventon Dep. (July 22, 2021), #20 Exhibit 120 - Petition Exhibit 122 - S. Raver Dep. (May 6, 2021), #21 Exhibit 121 - Petition Exhibit 123 - J. Ringheimer Dep. (Apr. 30, 2021), #22 Exhibit 122 - Petition Exhibit 124 - J.P. Sevilla Dep. (July 21, 2021), #23 Exhibit 123 - Petition Exhibit 126 - C. Stoops Dep. (Apr. 27, 2021), #24 Exhibit 124 - Petition Exhibit 127 - T. Travers Dep. (Apr. 3, 2012), #25 Exhibit 125 - Petition Exhibit 129 - Letter from Clay Taylor (Apr. 28, 2021), #26 Exhibit 126 - Petition Exhibit 130 - Letter from J. Pomerantz (May 7, 2021), #27 Exhibit 127 - 2023.02.08 Affidavit iso Special Turnover Petition - Jason Burt, #28 Exhibit 128 - 2023.02.08 Notice of Turnover Petition, #29 Exhibit 129 - 2023.02.08 Memorandum of Law in Support of Turnover Petition (Redacted), #30 Exhibit 130 - Proposed Order to Show Cause, #31 Exhibit 131 - 2023.02.08 Affidavit iso Order to Show Cause - Jason Burt, #32 Exhibit 132 - 2023.02.08 Notice of Motion for Leave to File an Oversized Memorandum of Law, #33 Exhibit 133 - 2023.02.08 Affirmation in Support of Motion for Leave to File an Oversized Memorandum of Law - Clubok, #34 Exhibit 134 - 2023.02.08 Notice of Motion for Admission of Attorney Pro Hac Vice - Jason Burt, #35 Exhibit 135 - 2023.02.08 Affirmation of Andrew Clubok in Support of Motion for Admission of Attorney Pro Hac Vice, #36 Exhibit 136 - 2023.02.08 Affidavit of Jason R. Burt in Support of Motion for Admission of Attorney Pro Hac Vice, #37 Exhibit 137 - Exhibit A - Certificate of Good Standing, #38 Exhibit 138 - 2023.02.08 Proposed PHV Order, #39 Exhibit 139 - 2023.02.08 Request for Judicial Intervention, #40 Exhibit 140 - 2023.02.08 Request for Judicial Intervention Addendum, #41 Exhibit 141 - 2023.02.10 Latham Letter to Justice Silvera, #42 Exhibit 142 - Letter to The Honorable Adam Silvera Requesting Assignment to Commercial Division, #43 Exhibit 143 - 2023.02.21 Administrative Order, #44 Exhibit 144 - 2023.02.24 Order to Show Cause, #45 Exhibit 145 - 2023.02.24 Notice of Motion, #46 Exhibit 146 - 2023.02.24 Affirmation of Clubok, #47 Exhibit 147 - 2023.02.24 Affidavit of Kathryn George, #48 Exhibit 148 - 2023.02.24 Exhibit A Certificate of Good Standing, #49 Exhibit 149 - Proposed Order (PHV), #50 Exhibit 150 - 2023.02.28 Affidavit of Service, #51 Exhibit 151 - 2023.02.28 Affidavit of Service, #52 Exhibit 152 - 2023.03.06 Proposed Ex Parte Order Extending Turnover Petition Return Date, #53 Exhibit 153 - 2023.03.06 Clubok Affirmation iso Proposed Ex Parte Order Extending Turnover Petition Return Date, #54 Exhibit 154 - 2023.03.07 Ex Parte Order Extending Turnover Petition Return Date, #55 Exhibit State Court Docket).(Deitsch-Perez, Deborah) Modified on 3/8/2023 (pc).
|
|
Case Designated ECF. (pc)
|
|
Magistrate Judge Valerie Figueredo 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)
|
|
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. 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..(pc)
|
|
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Deborah Deitsch-Perez to RE-FILE re: Document No. #1 Notice of Removal. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the pleading was not signed by the filing attorney. Add Highland CDO Opportunity Master Fund, L.P. to CM ECF as a defendant. Do not type the entire party name in ALL CAPS. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)
|
|
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Deborah Deitsch-Perez to RE-FILE Document No. #2 Notice (Other),,,,,,,,,,,,,,,,,,, #4 Notice (Other),,,,,,,,,,,,,,,,,, #3 Notice (Other),,,,,,,,,,,,,,,,,. The filing is deficient for the following reason(s): the wrong event type was used to file the exhibits. Use the event type State Court Records and Proceedings found under Other Filings, Other Documents to file all of the exhibits. (pc)
|
|
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Deborah Deitsch-Perez. The following case opening statistical information was erroneously selected/entered: Dollar Demand $1,000,000,000;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to blank;. (pc)
|
|
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Deborah Deitsch-Perez. The party information for the following party/parties has been modified: HIGHLAND CDO HOLDING COMPANY, HIGHLAND FINANCIAL PARTNERS, L.P., HIGHLAND SPECIAL OPPORTUNITIES HOLDING COMPANY, CLO HOLDCO, LTD, Mainspring, Ltd., Montage Holdings, Ltd., UBS Securities, UBS AG London Branch, James Dondero, Scott Ellington. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was entered in all caps; party role was entered incorrectly;. (pc)
|
|
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Deborah Deitsch-Perez. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc)
|
|
Filing 3
NOTICE of Declaration in Support of Notice of Removal (Part 2). Document filed by James Dondero. (Attachments: #1 Exhibit 51 - Petition Exhibit 47 - Email from T. Loiben (Aug. 14, 2017 16-57), #2 Exhibit 52 - Petition Exhibit 48 - Email from T. Loiben (Aug. 14, 2017 17-07), #3 Exhibit 53 - Petition Exhibit 49 - Email from K. Irving (Aug. 16, 2017), #4 Exhibit 54 - Petition Exhibit 50 - Email from S. Goldsmith (Aug. 31, 2017), #5 Exhibit 55 - Petition Exhibit 51 - Email from I. Leventon (Oct. 26, 2017), #6 Exhibit 56 - Petition Exhibit 52 - Limited Liability Insurance Policy and Endorsements (June 2018), #7 Exhibit 57 - Petition Exhibit 53 - Email from J. Sevilla (Nov. 20, 2017), #8 Exhibit 58 - Petition Exhibit 54 - Email from L. Thompson (Apr. 6, 2018), #9 Exhibit 59 - Petition Exhibit 55 - Email from J. Sevilla (June 6, 2018), #10 Exhibit 60 - Petition Exhibit 56 - Email from T. Adamczak (June 27, 2018), #11 Exhibit 61 - Petition Exhibit 57 - Email from L. Thompson (July 11, 2018), #12 Exhibit 62 - Petition Exhibit 58 - Email from T. Adamczak (July 16, 2018), #13 Exhibit 63 - Petition Exhibit 59 - Email from T. Adamczak (July 23, 2018), #14 Exhibit 64 - Petition Exhibit 60 - Email from J. Venza (Sept. 5, 2018), #15 Exhibit 65 - Petition Exhibit 61 - Email from R. Swadley (Sept. 12, 2018), #16 Exhibit 66 - Petition Exhibit 62 - Email from J. Arbeit (Oct. 3, 2018), #17 Exhibit 67 - Petition Exhibit 63 - Email from I. Leventon (Nov. 14, 2018) (Redacted), #18 Exhibit 68 - Petition Exhibit 64 Email from M. DiOrio (Jan. 31, 2019), #19 Exhibit 69 - Petition Exhibit 65 - Email from C. Price (March 4, 2019), #20 Exhibit 70 - Petition Exhibit 66 - Email from C. Price (Mar. 5, 2019), #21 Exhibit 71 - Petition Exhibit 67 - Email from S. Dube (May 6, 2019), #22 Exhibit 72 - Petition Exhibit 68 - Email from C. Price (June 20, 2019), #23 Exhibit 73 - Petition Exhibit 69 - Email from K. Irving (Aug. 6, 2019), #24 Exhibit 74 - Petition Exhibit 70 - Email from J. Sevilla (Sept. 13, 2019), #25 Exhibit 75 - Petition Exhibit 71 - Email from H. Kim (Sept. 23, 2019) (Redacted), #26 Exhibit 76 - Petition Exhibit 72 - Email from S. Ellington (Dec. 12, 2019), #27 Exhibit 77 - Petition Exhibit 73 - Email from A. Devins (Dec. 17, 2019) (Redacted), #28 Exhibit 78 - Petition Exhibit 74 - Email from M. DiOrio (Dec. 17, 2019) (Redacted), #29 Exhibit 79 - Petition Exhibit 75 - Email from T. Adamczak (Dec. 20, 2019) (Redacted), #30 Exhibit 80 - Petition Exhibit 76 - Email from CIBC Bank (Dec. 20, 2019) (Redacted), #31 Exhibit 81 - Petition Exhibit 77 - Email from M. DiOrio (Jan. 2, 2020) (Redacted), #32 Exhibit 82 - Petition Exhibit 78 - Email from CIBC Bank (Jan 6, 2020) (Redacted), #33 Exhibit 83 - Petition Exhibit 79 - Email from A. Devins (June 1, 2020), #34 Exhibit 84 - Petition Exhibit 80 - Email from A. Devins (Feb. 6, 2020) (Redacted), #35 Exhibit 85 - Petition Exhibit 81 - Email from A. Damien (Mar. 16, 2020) (Redacted), #36 Exhibit 86 - Petition Exhibit 82 - Email from M. DiOrio (Mar. 19, 2020), #37 Exhibit 87 - Petition Exhibit 83 - Email from J. Neveril (Apr. 24, 2020), #38 Exhibit 88 - Petition Exhibit 84 - Email from CIBC (Apr. 24, 2020 19-02), #39 Exhibit 89 - Petition Exhibit 85 - Email from CIBC (Apr. 24, 2020 19-01), #40 Exhibit 90 - Petition Exhibit 86 - Email from I. Leventon (Aug. 5, 2020), #41 Exhibit 91 - Petition Exhibit 87 - Email from I. Leventon (Aug. 21, 2020), #42 Exhibit 92 - Petition Exhibit 88 - Email from H. Kim (Sept. 11, 2020), #43 Exhibit 93 - Petition Exhibit 89 - Email from G. Demo (Feb. 9, 2021), #44 Exhibit 94 - Petition Exhibit 90 - Settlement Agreement (Mar. 30, 2021), #45 Exhibit 95 - Petition Exhibit 91 - Email from G. Pereira (Apr. 27, 2021), #46 Exhibit 96 - Petition Exhibit 92 - Cash Warehouse Agreement (Mar. 14, 2008), #47 Exhibit 97 - Petition Exhibit 93 - Cash Warehouse Agreement (Mar. 14, 2008), #48 Exhibit 98 - Petition Exhibit 94 - Highland Funds Asset Management Relationship (Feb. 18, 2011), #49 Exhibit 99 - Petition Exhibit 95 - CIMA Statement of Guidance (Jan. 2014), #50 Exhibit 100 - Petition Exhibit 96 - CDO Holding Balance Sheet).(Deitsch-Perez, Deborah)
|
|
Filing 2
NOTICE of Declaration in Support of Notice of Removal (Part 1) re: #1 Notice of Removal. Document filed by James Dondero. (Attachments: #1 Exhibit 1 - 2023.02.08 Special Turnover Petition, #2 Exhibit 2 - Petition Exhibit A - Wire Fraud Chart (Redacted), #3 Exhibit 3 - Petition Exhibit B - Money Laundering Chart (Redacted), #4 Exhibit 4 - Petition Exhibit C - Glossary of Terms, #5 Exhibit 5 - Petition Exhibit 1 - Decision and Order Denying Motion to Dismiss (Mar. 3, 2011), #6 Exhibit 6 - Petition Exhibit 2 - Dudney Report (June 17, 2022), #7 Exhibit 7 - Petition Exhibit 3 - Docket Excerpts, LLV Holdco LLC v. James Coyne, No. A-17-749387 (Jan. 8, 2023), #8 Exhibit 8 - Petition Exhibit 4 - Bk. Dkt. No. 177 (Dec. 4, 2019), #9 Exhibit 9 - Petition Exhibit 5 - Bk. Dkt. No. 281 (Dec. 27, 2019), #10 Exhibit 10 - Petition Exhibit 6 - Bk. Dkt. No. 339 (Jan. 9, 2020), #11 Exhibit 11 - Petition Exhibit 7 - Bk. Dkt. No. 380 (Jan. 22, 2020), #12 Exhibit 12 - Petition Exhibit 8 - Bk. Claim No. 182 (May 26, 2020), #13 Exhibit 13 - Petition Exhibit 9 - Bk. Claim No. 183 (May 26, 2020), #14 Exhibit 14 - Petition Exhibit 10 - Bk. Dkt. No. 912 (Aug. 3, 2020), #15 Exhibit 15 - Petition Exhibit 11 - Letter from A. Clubok (Sept. 19, 2020) (Phase I Decision and Order; Judgment), #16 Exhibit 16 - Petition Exhibit 12 - Motion to Dismiss Hearing Transcript (Mar. 2, 2011), #17 Exhibit 17 - Petition Exhibit 13 - Bk. Dkt. No. 1345-10 (Nov. 6, 2020), #18 Exhibit 18 - Petition Exhibit 14 - Bk. Claim No. 216 (Mar. 3, 2021), #19 Exhibit 19 - Petition Exhibit 15 - Bk. Claim No. 244 (Mar. 23, 2021), #20 Exhibit 20 - Petition Exhibit 16 - Bk. Dkt. No. 2389 (May 27, 2021), #21 Exhibit 21a - Petition Exhibit 17 - Bk. Dkt. No. 2423 (June 8, 2021) Part 1, #22 Exhibit 21b - Petition Exhibit 17 - Bk. Dkt. No. 2423 (June 8, 2021) Part 2, #23 Exhibit 21c - Petition Exhibit 17 - Bk. Dkt. No. 2423 (June 8, 2021) Part 3, #24 Exhibit 21d - Petition Exhibit 17 - Bk. Dkt. No. 2423 (June 8, 2021) Part 4, #25 Exhibit 21e - Petition Exhibit 17 - Bk. Dkt. No. 2423 (June 8, 2021) Part 5, #26 Exhibit 22 - Petition Exhibit 18 - Bk. Dkt. No. 2660 (Aug. 4, 2021), #27 Exhibit 23 - Petition Exhibit 19 - Bk. Dkt. No. 2856 (Sept. 21, 2021) (Redacted), #28 Exhibit 24 - Petition Exhibit 20 - Bk. Dkt. No. 2940 (Oct. 19, 2021) (Redacted), #29 Exhibit 25 - Petition Exhibit 21 - Bk. Dkt. No. 3191 (Jan. 24, 2022), #30 Exhibit 26 - Petition Exhibit 22 - Bk. Dkt. No. 3317 (Mar. 24, 2022) (Redacted), #31 Exhibit 27 - Petition Exhibit 23 - Phase II Decision and Order (July 29, 2022), #32 Exhibit 28 - Petition Exhibit 24 - Phase II Judgment, Decision and Order (Nov. 21, 2022), #33 Exhibit 29 - Petition Exhibit 25 - Partial Satisfaction-Piece for Post Judgment Interest (Feb. 1, 2023), #34 Exhibit 30 - Petition Exhibit 26 - Email from J. Blumer (Oct. 22, 2010) (Redacted), #35 Exhibit 31 - Petition Exhibit 27 - Email from T. Surgent (Dec. 10, 2010), #36 Exhibit 32 - Petition Exhibit 28 - Email from H. Kim (Dec. 14, 2010), #37 Exhibit 33 - Petition Exhibit 29 - Email from A. Alvarez (Dec. 16, 2010) (Redacted), #38 Exhibit 34 - Petition Exhibit 30 - Email from M. Khankin (Dec. 16, 2010), #39 Exhibit 35 - Petition Exhibit 31 - Email from A. Alvarez (Dec. 20, 2010), #40 Exhibit 36 - Petition Exhibit 32 - Email from M. Okolita (Dec. 21, 2010), #41 Exhibit 37 - Petition Exhibit 33 - Email from A. Alvarez (Dec. 22, 2010) (Redacted), #42 Exhibit 38 - Petition Exhibit 34 - Email from M. Khankin (Jan. 3, 2011), #43 Exhibit 39 - Petition Exhibit 35 - Email from C. Chism (Jan. 5, 2011) (Redacted), #44 Exhibit 40 - Petition Exhibit 36 - Email from L. Thedford (Mar. 1, 2017), #45 Exhibit 41 - Petition Exhibit 37 - Email from S. Vitiello (Apr. 11, 2017), #46 Exhibit 42 - Petition Exhibit 38 - Email from I. Leventon (Apr. 12, 2017), #47 Exhibit 43 - Petition Exhibit 39 - Email from I. Leventon (Apr. 13, 2017), #48 Exhibit 44 - Petition Exhibit 40 - Email from I. Leventon (Apr. 19, 2017), #49 Exhibit 45 - Petition Exhibit 41 - Email from T. Adamczak (June 28, 2017), #50 Exhibit 46 - Petition Exhibit 42 - Email from P. Kranz (Aug. 8, 2017), #51 Exhibit 47 - Petition Exhibit 43 - Email from J. Sevilla (Aug. 10, 2017), #52 Exhibit 48 - Petition Exhibit 44 - Email from K. Irving (Aug. 10, 2017), #53 Exhibit 49 - Petition Exhibit 45 - Email from A. Devins (Mar. 22, 2018), #54 Exhibit 50 - Petition Exhibit 46 - Email from D. Willmore (Aug. 11, 2017) (Redacted)).(Deitsch-Perez, Deborah)
|
|
Filing 1
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 650744/2023. (Filing Fee $ 402.00, Receipt Number ANYSDC-27437964).Document filed by James Dondero..(Deitsch-Perez, Deborah)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
