Hosking et al v. TPG Capital Management, L.P. et al
| Paul David Allen and Geoff Paul Rowley in their capacity as Joint Liquidators of Hellas Telecommunications (Luxembourg) II S.C.A., Mike Saville, Geoffrey Paul Rowley, Paul David Allen, Simon James Bonney, Andrew Lawrence Hosking and Kevin Hellard |
| TPG Capital, LLP, TCW/Crescent Mezzanine Partners III, L.P., TPG Capital Management, L.P., TCW/Crescent Mezzanine Partners III Netherlands, L.P., Apax Europe VI GP, L.P., Apax Europe VI-1, L.P., TPG Genpar IV, L.P., Deutsche Bank AG, TCW, TCW/Crescent Mezzanine III, LLC, Apax Europe VI GP Co., Ltd., T3 Genpar II, L.P., TPG Advisors IV, Inc., Martin Halusa, Does 1-25, T3 Partners II, L.P., Apax Partners, L.P., Apax Partners Europe Managers Ltd., Apax WW Nominees Ltd., TCW Group Inc., T3 Advisors II, Inc., Apax Europe VI-A, L.P., Texas Pacific Group Europe, LLP, David Bonderman, TCW/Crescent Mezzanine Trust III, TPG Partners IV, L.P., T3 Parallel II, L.P., Apax Europe VI GP L.P. Inc., TPG Capital, L.P., Nikesh Arora, APAX Partners LLP, TCW Asset Management Company and James Coulter |
| 2:2014cv01749 |
| March 13, 2014 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Other Statutory Actions |
| 11 U.S.C. § 101 Bankruptcy |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 4, 2022. A more recent docket listing may be available from PACER.
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Filing 95
MEMO ENDORSEMENT on re: #94 Letter filed by Kevin Hellard, Mike Saville. ENDORSEMENT: The next status update is due August 3, 2022. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/4/2022) (tg)
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| Filing 94 LETTER addressed to Judge Valerie E. Caproni from Tatiana Markel dated February 4, 2022 re: Status Update. Document filed by Kevin Hellard, Mike Saville..(Markel, Tatiana) |
| Filing 93 MEMO ENDORSEMENT on re: #92 Letter filed by Kevin Hellard, Mike Saville. ENDORSEMENT: The next status update is due February 3, 2022. (Signed by Judge Valerie E. Caproni on 8/3/2021) (cf) |
| Filing 92 LETTER addressed to Judge Valerie E. Caproni from Tatiana Markel dated August 3, 2021 re: Status Update. Document filed by Kevin Hellard, Mike Saville..(Markel, Tatiana) |
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Filing 91
MEMO ENDORSEMENT: on re: #90 Letter filed by Kevin Hellard, Mike Saville. ENDORSEMENT: The next status update is due by August 3, 2021. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/03/2021) (ama)
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| Filing 90 LETTER addressed to Judge Valerie E. Caproni from Tatiana Markel dated February 3, 2021 re: Status Update. Document filed by Kevin Hellard, Mike Saville..(Markel, Tatiana) |
| Filing 89 MEMO ENDORSEMENT on re: #88 Notice (Other), filed by Apax Europe VI-1, L.P., Martin Halusa, Apax Partners, L.P., Apax WW Nominees Ltd., Apax Europe VI-A, L.P., APAX Partners LLP, Apax Partners Europe Managers Ltd., Apax Europe VI GP, L.P., Apax Europe VI GP Co., Ltd. ENDORSEMENT: Application GRANTED. Attorney Stephen C. Moeller-Sally terminated. (Signed by Judge Valerie E. Caproni on 12/7/2020) (cf) |
| Filing 88 NOTICE of Withdrawal. Document filed by APAX Partners LLP, Apax Europe VI GP Co., Ltd., Apax Europe VI GP, L.P., Apax Europe VI-1, L.P., Apax Europe VI-A, L.P., Apax Partners Europe Managers Ltd., Apax Partners, L.P., Apax WW Nominees Ltd., Martin Halusa..(Moeller-Sally, Stephen) |
| Filing 87 NOTICE OF APPEARANCE by Gregg L Weiner on behalf of Apax Partners, L.P...(Weiner, Gregg) |
| Filing 86 NOTICE OF APPEARANCE by Robert Steven Fischler on behalf of Apax Partners, L.P...(Fischler, Robert) |
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Filing 85
MEMO ENDORSEMENT on NOTICE OF MOTION TO SUBSTITUTE PLAINTIFFS: granting #80 Motion to Substitute Party. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to substitute Joint Liquidators Kevin Hellard and Mike Saville for Plaintiffs Paul Allen and Goeffrey Rowley in this action. This case will remain STAYED. The parties must continue to submit status updates every six months, with the first update due by February 3, 2021. The Clerk of Court is directed to close the open motion at docket entry 80. SO ORDERED. Paul David Allen (in their capacity as Joint Liquidators of Hellas Telecommunications (Luxembourg) II S.C.A.) and Geoffrey Paul Rowley (in their capacity as Joint Liquidators of Hellas Telecommunications (Luxembourg) II S.C.A.) terminated. (Signed by Judge Valerie E. Caproni on 11/17/2020) (ama)
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| Filing 84 RESPONSE TO ORDER TO SHOW CAUSE re: #78 Order to Show Cause. Document filed by Kevin Hellard, Mike Saville..(Warshavsky, Oren) |
| Filing 83 NOTICE OF APPEARANCE by Tatiana Markel on behalf of Kevin Hellard, Mike Saville..(Markel, Tatiana) |
| Filing 82 DECLARATION of Oren J. Warshavsky in Support re: #80 MOTION to Substitute Party. Old Party: Paul David Allen and Geoffrey Paul Rowley, New Party: Kevin Hellard and Mike Saville .. Document filed by Kevin Hellard, Mike Saville. (Attachments: #1 Exhibit A- Certificate of Removal of Joint Liquidators dated June 23, 2020, #2 Exhibit B- Certificate of Appointment of Joint Liquidators dated June 23, 2020, #3 Exhibit C- Proposed Amended Caption Substituting the Joint Liquidators as Plaintiffs).(Warshavsky, Oren) |
| Filing 81 MEMORANDUM OF LAW in Support re: #80 MOTION to Substitute Party. Old Party: Paul David Allen and Geoffrey Paul Rowley, New Party: Kevin Hellard and Mike Saville . . Document filed by Kevin Hellard, Mike Saville..(Warshavsky, Oren) |
| Filing 80 MOTION to Substitute Party. Old Party: Paul David Allen and Geoffrey Paul Rowley, New Party: Kevin Hellard and Mike Saville . Document filed by Kevin Hellard, Mike Saville..(Warshavsky, Oren) |
| Filing 79 NOTICE OF APPEARANCE by Oren J. Warshavsky on behalf of Kevin Hellard, Mike Saville..(Warshavsky, Oren) |
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Filing 78
ORDER: IT IS HEREBY ORDERED: No later than November 2, 2020 Plaintiffs must show cause why this case should not be dismissed. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/22/2020) (ama)
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| Filing 77 LETTER addressed to Judge Valerie E. Caproni from Joshua D. Anders dated August 3, 2020 re: status of the Bankruptcy Action. Document filed by Paul David Allen and Geoff Paul Rowley in their capacity as Joint Liquidators of Hellas Telecommunications (Luxembourg) II S.C.A...(Anders, Joshua) |
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Filing 76
MEMO ENDORSEMENT: on re: #75 Letter filed by Paul David Allen and Geoff Paul Rowley in their capacity as Joint Liquidators of Hellas Telecommunications (Luxembourg) II S.C.A. ENDORSEMENT: The next status update is due by August 3, 2020. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/03/2020) (ama)
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| Filing 75 JOINT LETTER addressed to Judge Valerie E. Caproni from Joshua D. Anders dated February 3, 2020 re: status of the Bankruptcy Action. Document filed by Paul David Allen and Geoff Paul Rowley in their capacity as Joint Liquidators of Hellas Telecommunications (Luxembourg) II S.C.A.. (Attachments: #1 Exhibit A).(Anders, Joshua) |
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Filing 74
ORDER granting #69 Motion to Substitute Party. Because no party objects, this motion is GRANTED. The Clerk of Court is directed to substitute Paul David Allen and Geoff Paul Rowley for Plaintiffs Andrew Lawrence Hosking and Simon James Bonney. This action shall remain stayed. The parties must continue to submit joint status updates to the Court every six months, with the first such update due February 3, 2020. Paul David Allen and Geoffrey Paul Rowley added. SO ORDERED. Paul David Allen and Geoff Paul Rowley in their capacity as Joint Liquidators of Hellas Telecommunications (Luxembourg) II S.C.A., Simon James Bonney (in their capacity as joint compulsory liquidators and duly authorized foreign representatives of Hellas Telecommunications (Luxemborg) II SCA) and Andrew Lawrence Hosking (in their capacity as joint compulsory liquidators and duly authorized foreign representatives of Hellas Telecommunications (Luxemborg) II SCA) terminated. (Signed by Judge Valerie E. Caproni on 8/19/2019) (rj)
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| Filing 73 LETTER addressed to Judge Valerie E. Caproni from Paul M. O'Connor III dated August 12, 2019 re: the Joint Liquidators' Motion to Substitute Party, filed on July 26, 2019. Document filed by David Bonderman, James Coulter, T3 Advisors II, Inc., T3 Genpar II, L.P., T3 Parallel II, L.P., T3 Partners II, L.P., TPG Advisors IV, Inc., TPG Capital Management, L.P., TPG Genpar IV, L.P., TPG Partners IV, L.P.. (Attachments: #1 Exhibit A - Order on Motion to Dismiss, #2 Exhibit B - Order on Forum Non Conveniens)(O'Connor, Paul) |
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Filing 72
MEMO ENDORSEMENT: on re: #69 MOTION to Substitute Party. Old Party: Andrew Lawrence Hosking and Bruce Alexander Mackay, in their capacity as Joint Compulsory Liquidators and duly authorized foreign representatives of Hellas Telecommunications (Luxembourg) II S.C.A., New Party: P filed by Paul David Allen and Geoff Paul Rowley in their capacity as Joint Liquidators of Hellas Telecommunications (Luxembourg) II S.C.A. ENDORSEMENT: If any party objects to this motion, it must submit a letter-brief showing cause why the motion should not be granted no later than August 12, 2019. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/30/2019) (ama)
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| Filing 71 DECLARATION of Joshua D. Anders in Support re: #69 MOTION to Substitute Party. Old Party: Andrew Lawrence Hosking and Bruce Alexander Mackay, in their capacity as Joint Compulsory Liquidators and duly authorized foreign representatives of Hellas Telecommunications (Luxembourg) II S.C.A., New Party: P. Document filed by Paul David Allen and Geoff Paul Rowley in their capacity as Joint Liquidators of Hellas Telecommunications (Luxembourg) II S.C.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Anders, Joshua) |
| Filing 70 MEMORANDUM OF LAW in Support re: #69 MOTION to Substitute Party. Old Party: Andrew Lawrence Hosking and Bruce Alexander Mackay, in their capacity as Joint Compulsory Liquidators and duly authorized foreign representatives of Hellas Telecommunications (Luxembourg) II S.C.A., New Party: P aul David Allen and Geoffrey Paul Rowley, in their capacity as Joint Compulsory Liquidators and duly authorized foreign representatives of Hellas Telecommunications (Luxembourg) II S.C.A.. Document filed by Paul David Allen and Geoff Paul Rowley in their capacity as Joint Liquidators of Hellas Telecommunications (Luxembourg) II S.C.A.. (Anders, Joshua) |
| Filing 69 MOTION to Substitute Party. Old Party: Andrew Lawrence Hosking and Bruce Alexander Mackay, in their capacity as Joint Compulsory Liquidators and duly authorized foreign representatives of Hellas Telecommunications (Luxembourg) II S.C.A., New Party: Paul David Allen and Geoffrey Paul Rowley, in their capacity as Joint Compulsory Liquidators and duly authorized foreign representatives of Hellas Telecommunications (Luxembourg) II S.C.A. . Document filed by Paul David Allen and Geoff Paul Rowley in their capacity as Joint Liquidators of Hellas Telecommunications (Luxembourg) II S.C.A..(Anders, Joshua) |
| Filing 68 NOTICE OF APPEARANCE by Joshua Dillon Anders on behalf of Paul David Allen and Geoff Paul Rowley in their capacity as Joint Liquidators of Hellas Telecommunications (Luxembourg) II S.C.A.. (Anders, Joshua) |
| Filing 67 NOTICE OF APPEARANCE by Peter R Chaffetz on behalf of Paul David Allen and Geoff Paul Rowley in their capacity as Joint Liquidators of Hellas Telecommunications (Luxembourg) II S.C.A.. (Chaffetz, Peter) |
| Filing 66 LETTER MOTION for Extension of Time addressed to Judge Valerie E. Caproni from Peter R. Chaffetz dated July 15, 2019. Document filed by Paul David Allen and Geoff Paul Rowley in their capacity as Joint Liquidators of Hellas Telecommunications (Luxembourg) II S.C.A.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Chaffetz, Peter) |
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Filing 65
MEMO ENDORSEMENT on re: #64 Letter, filed by TCW/Crescent Mezzanine Trust III, TCW Group Inc., TCW Asset Management Company, TCW/Crescent Mezzanine Partners III, L.P., TCW/Crescent Mezzanine III, LLC, TCW/Crescent Mezzanine Partners III Netherlands, L.P. ENDORSEMENT: Application Granted. so Ordered. *** Attorney Wayne S. Flick terminated. (Signed by Judge Valerie E. Caproni on 6/13/2019) (js) Modified on 6/14/2019 (js).
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| Filing 64 LETTER addressed to Judge Valerie E. Caproni from Amy Christine Quartarolo dated June 12, 2019 re: retirement of counsel. Document filed by TCW Asset Management Company, TCW Group Inc., TCW/Crescent Mezzanine III, LLC, TCW/Crescent Mezzanine Partners III Netherlands, L.P., TCW/Crescent Mezzanine Partners III, L.P., TCW/Crescent Mezzanine Trust III.(Quartarolo, Amy) |
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Filing 63
ORDER granting #62 Letter Motion for Extension of Time. The parties must submit a status letter no later than July 15, 2019. SO ORDERED (Signed by Judge Valerie E. Caproni on 6/10/2019) (ama)
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| Filing 62 LETTER MOTION for Extension of Time to submit the next status update letter addressed to Judge Valerie E. Caproni from Marc D. Ashley dated June 10, 2019. Document filed by Simon James Bonney, Andrew Lawrence Hosking.(Ashley, Marc) |
| Filing 61 JOINT LETTER addressed to Judge Valerie E. Caproni from Marc D. Ashley dated October 1, 2018 re: Bankruptcy Court Action status. Document filed by Simon James Bonney, Andrew Lawrence Hosking.(Ashley, Marc) |
| Filing 60 LETTER addressed to Judge Valerie E. Caproni from Marc D. Ashley dated 4/2/2018 re: Bankruptcy Court Action. Document filed by Simon James Bonney, Andrew Lawrence Hosking.(Ashley, Marc) |
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Filing 59
STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE AS TO THE TCW DEFENDANTS: IT IS HEREBY ORDERED that Plaintiffs' claims and causes of action asserted in the above-captioned action as against the TCW Defendants are hereby dismissed with prejudice, with each of the Parties to bear its own attorneys' fees, costs, and expenses. The Parties understand and agree that this Court will not retain jurisdiction to determine any disputes concerning or relating to the settlement. TCW/Crescent Mezzanine III, LLC, TCW/Crescent Mezzanine Partners III Netherlands, L.P., TCW/Crescent Mezzanine Partners III, L.P., TCW/Crescent Mezzanine Trust III, TCW Asset Management Company and TCW Group Inc. terminated. (Signed by Judge Valerie E. Caproni on 2/12/2018) (kgo)
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| Filing 58 LETTER addressed to Judge Valerie E. Caproni from Marc D. Ashley dated February 8, 2018 re: Stipulation and Order of Dismissal with Prejudice as to the TCW Defendants. Document filed by Simon James Bonney, Andrew Lawrence Hosking. (Attachments: #1 Stipulation and (Proposed) Order of Dismissal with Prejudice as to the TCW Defendants)(Ashley, Marc) |
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Filing 57
STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE AS TO DEFENDANT DEUTSCHE BANK AG: IT IS HEREBY ORDERED that Plaintiffs' claims and causes of action asserted in the above-captioned action as against Deutsche Bank are hereby dismissed with prejudice, with each of the Parties to bear its own attorneys' fees, costs, and expenses. The Parties understand and agree that this Court will not retain jurisdiction to determine any disputes concerning or relating to the settlement. Deutsche Bank AG terminated. (Signed by Judge Valerie E. Caproni on 10/12/2017) (kgo)
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| Filing 56 LETTER addressed to Judge Valerie E. Caproni from Marc D. Ashley dated 10/11/2017 re: Stipulation of Dismissal with Prejudice as to Defendant Deutsche Bank AG. Document filed by Simon James Bonney, Andrew Lawrence Hosking. (Attachments: #1 Text of Proposed Order)(Ashley, Marc) |
| Filing 55 LETTER addressed to Judge Valerie E. Caproni from Marc D. Ashley dated 10/2/2017 re: Bankruptcy Action. Document filed by Simon James Bonney, Andrew Lawrence Hosking.(Ashley, Marc) |
| Filing 54 NOTICE OF CHANGE OF ADDRESS by Marc David Ashley on behalf of Simon James Bonney, Andrew Lawrence Hosking. New Address: Norton Rose Fulbright US LLP, 1301 Avenue of the Americas, New York, New York, 10019,. (Ashley, Marc) |
| Filing 53 LETTER addressed to Judge Valerie E. Caproni from Marc D. Ashley dated April 3, 2017 re: Joint Status of the Bankruptcy Court Action. Document filed by Simon James Bonney, Andrew Lawrence Hosking.(Ashley, Marc) |
| Filing 52 MEMO ENDORSEMENT on re: #51 Letter re: withdrawal of appearance., filed by TCW/Crescent Mezzanine Trust III, TCW Group Inc., TCW Asset Management Company, TCW/Crescent Mezzanine Partners III, L.P., TCW/Crescent Mezzanine III, LLC, TCW/Crescent Mezzanine Partners III Netherlands, L.P. ENDORSEMENT: Application GRANTED. (Attorney Thomas Rickeman terminated.) (Signed by Judge Valerie E. Caproni on 2/8/2017) (cla) |
| Filing 51 LETTER addressed to Judge Valerie E. Caproni from Thomas Rickeman dated February 8, 2017 re: withdrawal of appearance. Document filed by TCW Asset Management Company, TCW Group Inc., TCW/Crescent Mezzanine III, LLC, TCW/Crescent Mezzanine Partners III Netherlands, L.P., TCW/Crescent Mezzanine Partners III, L.P., TCW/Crescent Mezzanine Trust III.(Rickeman, Thomas) |
| Filing 50 LETTER addressed to Judge Valerie E. Caproni from Marc D. Ashley dated October 3, 2016 re: Joint Status of the Bankruptcy Action. Document filed by Simon James Bonney, Andrew Lawrence Hosking.(Ashley, Marc) |
| Filing 49 NOTICE OF CHANGE OF ADDRESS by Thomas Rickeman on behalf of TCW Asset Management Company, TCW Group Inc., TCW/Crescent Mezzanine III, LLC, TCW/Crescent Mezzanine Partners III Netherlands, L.P., TCW/Crescent Mezzanine Partners III, L.P., TCW/Crescent Mezzanine Trust III. New Address: Latham & Watkins LLP, 650 Town Center Drive, 20th Floor, Costa Mesa, California, United States 92626-1925, (714) 540-1235. (Rickeman, Thomas) |
| Filing 48 LETTER addressed to Judge Valerie E. Caproni from Marc D. Ashley dated 4/1/2016 re: Status of Bankruptcy Court Litigation. Document filed by Simon James Bonney, Andrew Lawrence Hosking.(Ashley, Marc) |
| Filing 47 LETTER addressed to Judge Valerie E. Caproni from Marc D. Ashley dated October 1, 2015 re: joint status letter concerning the Bankruptcy Action. Document filed by Simon James Bonney, Andrew Lawrence Hosking.(Ashley, Marc) |
| Filing 46 LETTER addressed to Judge Valerie E. Caproni from Marc D. Ashley dated April 1, 2015 re: status of the Bankruptcy Action.. Document filed by Simon James Bonney, Andrew Lawrence Hosking.(Ashley, Marc) |
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Filing 45
STIPULATION AND ORDER DISMISSING DEFENDANT NIKESH ARORA WITH PREJUDICE: The Joint Liquidators' claims and causes of action stated in the above-titled case against Arora are hereby dismissed with prejudice and without costs to any party. The Parties understand and agree that this Court will not retain jurisdiction to determine any disputes concerning or relating to the settlement. (Signed by Judge Valerie E. Caproni on 3/26/2015) (spo)
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| Filing 44 LETTER addressed to Judge Valerie E. Caproni from William F. Gray, Jr. dated March 26, 2015 re: Stipulation and Order Dismissing Defendant Nikesh Arora. Document filed by Nikesh Arora. (Attachments: #1 Stipulation)(Gray, William) |
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Filing 43
MEMO ENDORSEMENT on re: #42 Stipulation and Order Dismissing Defendant Nikesh Arora, filed by Nikesh Arora. ENDORSEMENT: Pursuant to Rule 5(A) of the Court's Individual Practices, the Court will not retain jurisdiction to enforce a confidential settlement agreement absent extraordinary circumstances. To the extent Plaintiffs and Defendant Arora wish for the Court to retain jurisdiction over their settlement, they should file their settlement agreement on the docket by April 7, 2015. (Signed by Judge Valerie E. Caproni on 3/17/2015) (spo)
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| Filing 42 LETTER addressed to Judge Valerie E. Caproni from William F. Gray dated March 16, 2015 re: Stipulation and Order Dismissing Defendant Nikesh Arora. Document filed by Nikesh Arora. (Attachments: #1 Text of Proposed Order)(Gray, William) |
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Filing 41
ORDER: IT IS HEREBY ORDERED that the Clerk of the Court shall place this case on the Court's suspense docket. The parties are ordered to submit a joint letter informing the Court of the status of the bankruptcy action every six months. The next joint letter is due on April 1, 2015. (Signed by Judge Valerie E. Caproni on 3/2/2015) (mro)
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| ***DELETED DOCUMENT. Deleted document number #41 Corrected Clerk's Judgment. The document was incorrectly filed in this case. (dt) |
| Filing 40 NOTICE OF CHANGE OF ADDRESS by Thomas J. McCormack on behalf of Simon James Bonney, Andrew Lawrence Hosking. New Address: Chadbourne & Parke LLP, 1301 Avenue of the Americas, New York, New York, 10019, 212-408-5100. (McCormack, Thomas) |
| Filing 39 NOTICE OF CHANGE OF ADDRESS by Marc David Ashley on behalf of Simon James Bonney, Andrew Lawrence Hosking. New Address: Chadbourne & Parke LLP, 1301 Avenue of the Americas, New York, New York, 10019, 212-408-5100. (Ashley, Marc) |
| Filing 38 NOTICE OF CHANGE OF ADDRESS by Howard Seife on behalf of Simon James Bonney, Andrew Lawrence Hosking. New Address: Chadbourne & Parke LLP, 1301 Avenue of the Americas, New York, New York, 10019, 212-408-5100. (Seife, Howard) |
| Filing 37 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/5/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) |
| Filing 36 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/5/2014 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/9/2014. Redacted Transcript Deadline set for 6/19/2014. Release of Transcript Restriction set for 8/18/2014.(Rodriguez, Somari) |
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Filing 35
ORDER STAYING PROCEEDINGS: IT IS HEREBY ORDERED that: 1. All proceedings and deadlines in the District Court Action are stayed, and the referral to the Bankruptcy Court shall remain in place, pending further Order of the Court.(Signed by Judge Valerie E. Caproni on 5/9/2014) (djc)
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| Filing 34 LETTER addressed to Judge Valerie E. Caproni from Howard Seife dated 5/8/2014 re: Proposed Order Staying Proceedings. Document filed by Simon James Bonney, Andrew Lawrence Hosking. (Attachments: #1 Text of Proposed Order Staying Proceedings)(Seife, Howard) |
| Filing 33 Minute Entry for proceedings held before Judge Valerie E. Caproni: Initial Pretrial Conference held on 5/5/2014. The Court stayed all pleadings in the case until further notice(see order). (Court Reporter Karen Gorlaski) (Brantley, Michael) |
| Filing 32 NOTICE OF APPEARANCE by Alison Debra Bauer on behalf of Nikesh Arora. (Bauer, Alison) |
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Filing 31
ORDER FOR ADMISSION PRO HAC VICE: granting #29 Motion for Stephen Moeller-Sally to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 5/2/2014) (djc)
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| Filing 30 NOTICE OF APPEARANCE by William Francis Gray, Jr on behalf of Nikesh Arora. (Gray, William) |
| Filing 29 MOTION for Stephen Moeller-Sally to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9626244. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by APAX Partners LLP, Apax Europe VI GP Co., Ltd., Apax Europe VI GP, L.P., Apax Europe VI-1, L.P., Apax Europe VI-A, L.P., Apax Partners Europe Managers Ltd., Apax Partners, L.P., Apax WW Nominees Ltd., Martin Halusa. (Attachments: #1 Certificates of Good Standing, #2 Text of Proposed Order)(Moeller-Sally, Stephen) |
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Filing 28
MEMO ENDORSEMENT on re: #27 Letter, filed by TCW/Crescent Mezzanine Trust III, TCW Group Inc., TCW Asset Management Company, TCW/Crescent Mezzanine Partners III, L.P., TCW/Crescent Mezzanine III, LLC, TCW/Crescent Mezzanine Partners III Netherlands, L.P. ENDORSEMENT: Application Granted. All counsel participating via telephone are directed to coordinate and to call the Court at 212-805-0170 once they are all on the line. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/01/2014) (ama)
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| Filing 27 LETTER addressed to Judge Valerie E. Caproni from Amy C. Quartarolo dated May 1, 2014 re: telephonic appearance. Document filed by TCW Asset Management Company, TCW Group Inc., TCW/Crescent Mezzanine III, LLC, TCW/Crescent Mezzanine Partners III Netherlands, L.P., TCW/Crescent Mezzanine Partners III, L.P., TCW/Crescent Mezzanine Trust III.(Quartarolo, Amy) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #29 MOTION for Stephen Moeller-Sally to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9626244. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi) |
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Filing 26
ORDER: This Court's Order of March 31, 2014, is hereby revised as follows: Paragraph 4 previously required the parties to submit all materials required by the Standing Order In re: Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York, including the Initial Report by one week prior to the conference. The Court has assessed this report to be unnecessary in this case. As a result, the parties are directed not to submit the otherwise-required Initial Report to this Court prior to the Initial Pretrial Conference, which remains scheduled for May 5, 2014, at 4:00 p.m. (Signed by Judge Valerie E. Caproni on 4/23/2014) (djc) Modified on 4/23/2014 (djc).
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Filing 25
ORDER FOR ADMISSION PRO HAC VICE granting #20 Motion for Peter M. Gilhuly to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 4/8/2014) (kgo)
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Filing 24
ORDER FOR ADMISSION PRO HAC VICE granting #19 Motion for Thomas Rickeman to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 4/8/2014) (kgo)
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Filing 23
ORDER FOR ADMISSION PRO HAC VICE granting #18 Motion for Amy Quartarolo to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 4/8/2014) (kgo)
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Filing 22
ORDER FOR ADMISSION PRO HAC VICE granting #16 Motion for Wayne S. Flick to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 4/8/2014) (kgo)
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Filing 21
MEMO ENDORSEMENT on re: #14 Response to Motion, filed by TPG Capital Management, L.P., APAX Partners LLP. ENDORSEMENT: The Court will reserve judgment at this time. Counsel are directed to be prepared to discuss whether to enter a stay at the pretrial conference scheduled for May 5, 2014. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/8/2014) (kgo)
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| Filing 20 MOTION for Peter M. Gilhuly to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9543482. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by TCW Asset Management Company, TCW Group Inc., TCW/Crescent Mezzanine III, LLC, TCW/Crescent Mezzanine Partners III Netherlands, L.P., TCW/Crescent Mezzanine Partners III, L.P., TCW/Crescent Mezzanine Trust III. (Attachments: #1 Exhibit - Certificate of Good Standing, #2 Text of Proposed Order)(Gilhuly, Peter) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 MOTION for Peter M. Gilhuly to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9543482. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for Amy Quartarolo to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9541388. Motion and supporting papers to be reviewed by Clerk's Office staff., #16 MOTION for Wayne S. Flick to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9540996. Motion and supporting papers to be reviewed by Clerk's Office staff., #19 MOTION for Thomas Rickeman to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9541491. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 19 MOTION for Thomas Rickeman to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9541491. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by TCW Asset Management Company, TCW Group Inc., TCW/Crescent Mezzanine III, LLC, TCW/Crescent Mezzanine Partners III Netherlands, L.P., TCW/Crescent Mezzanine Partners III, L.P., TCW/Crescent Mezzanine Trust III. (Attachments: #1 Exhibit - Certificate of Good Standing, #2 Text of Proposed Order)(Rickeman, Thomas) |
| Filing 18 MOTION for Amy Quartarolo to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9541388. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by TCW Asset Management Company, TCW Group Inc., TCW/Crescent Mezzanine III, LLC, TCW/Crescent Mezzanine Partners III Netherlands, L.P., TCW/Crescent Mezzanine Partners III, L.P., TCW/Crescent Mezzanine Trust III. (Attachments: #1 Exhibit - Certificate of Good Standing, #2 Text of Proposed Order)(Quartarolo, Amy) |
| Filing 17 LETTER addressed to Judge Valerie E. Caproni from Wayne S. Flick dated April 7, 2014 re: Plaintiffs' letter dated April 2, 2014. Document filed by TCW Asset Management Company, TCW Group Inc., TCW/Crescent Mezzanine III, LLC, TCW/Crescent Mezzanine Partners III Netherlands, L.P., TCW/Crescent Mezzanine Partners III, L.P., TCW/Crescent Mezzanine Trust III.(Flick, Wayne) |
| Filing 16 MOTION for Wayne S. Flick to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9540996. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by TCW Asset Management Company, TCW Group Inc., TCW/Crescent Mezzanine III, LLC, TCW/Crescent Mezzanine Partners III Netherlands, L.P., TCW/Crescent Mezzanine Partners III, L.P., TCW/Crescent Mezzanine Trust III. (Attachments: #1 Exhibit - Certificate of Good Standing, #2 Text of Proposed Order)(Flick, Wayne) |
| Filing 15 LETTER addressed to Judge Valerie E. Caproni from Kevin J. Burke dated 4/7/14 re: Response to plaintiffs'letter of 4/2/14. Document filed by Deutsche Bank AG.(Burke, Kevin) |
| Filing 14 LETTER RESPONSE to Motion addressed to Judge Valerie E. Caproni from Robert S. Fischler and Paul O'Connor III dated April 7, 2014 re: #8 LETTER MOTION for Conference and request for entry of Parties' Stipulation and Proposed Order for Extension of Time to Respond to Complaint addressed to Judge Valerie E. Caproni from Andrew Rosenblatt dated 4/2/2014.. Document filed by APAX Partners LLP, TPG Capital Management, L.P.. (Fischler, Robert) |
| Filing 13 NOTICE OF APPEARANCE by Philip Vyse Tisne on behalf of Deutsche Bank AG. (Tisne, Philip) |
| Filing 12 NOTICE OF APPEARANCE by Kevin John Burke on behalf of Deutsche Bank AG. (Burke, Kevin) |
| Filing 11 NOTICE OF APPEARANCE by Charles Alan Gilman on behalf of Deutsche Bank AG. (Gilman, Charles) |
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Filing 10
STIPULATION AND ORDER FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT: The Defendants waive any objection to the manner or validity of service of process in the District Court Ac6on. This waiver is without prejudice to any other defenses (including lack of personal jurisdiction), tights and objections the Defendants may wish to assert, and all such defenses, rights and objections are expressly reserved. The Defendants' time to move, answer or otherwise respond to the District Court Complaint is hereby extended as follows: (a) if the Motion for Stay is granted, up to and including 30 days from the expiry of the stay; or (b) if the Motion for Stay is denied, up to and including 30 days from the entry of an order denying the Motion for Stay, and as further set forth in this document. (Signed by Judge Valerie E. Caproni on 4/3/2014) (cd)
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Filing 9
ORDER re #8 Letter Motion for Conference. Defendants are directed to notify the Court on or before April 7, 2014, whether they intend to oppose Plaintiffs' request for a stay and, if so, why. They may submit a joint letter that is not to exceed three pages. After reading the parties' submissions the Court will determine whether oral argument would be helpful. (Signed by Judge Valerie E. Caproni on 4/3/2014) (cd)
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| Filing 8 LETTER MOTION for Conference and request for entry of Parties' Stipulation and Proposed Order for Extension of Time to Respond to Complaint addressed to Judge Valerie E. Caproni from Andrew Rosenblatt dated 4/2/2014. Document filed by Simon James Bonney, Andrew Lawrence Hosking. (Attachments: #1 Exhibit A)(Ashley, Marc) |
| Filing 7 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 5/5/2014 at 04:00 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 3/31/2014) (tn) |
| Filing 6 SUMMONS RETURNED EXECUTED Summons and Complaint,,, served. APAX Partners LLP served on 3/21/2014, answer due 4/11/2014; Apax Europe VI GP Co., Ltd. served on 3/20/2014, answer due 4/10/2014; Apax Europe VI GP, L.P. served on 3/20/2014, answer due 4/10/2014; Apax Europe VI-1, L.P. served on 3/20/2014, answer due 4/10/2014; Apax Europe VI-A, L.P. served on 3/20/2014, answer due 4/10/2014; Apax Partners Europe Managers Ltd. served on 3/21/2014, answer due 4/11/2014; Apax Partners, L.P. served on 3/14/2014, answer due 4/4/2014; Apax WW Nominees Ltd. served on 3/21/2014, answer due 4/11/2014; David Bonderman served on 3/17/2014, answer due 4/7/2014; James Coulter served on 3/17/2014, answer due 4/7/2014; Martin Halusa served on 3/21/2014, answer due 4/11/2014; T3 Advisors II, Inc. served on 3/14/2014, answer due 4/4/2014; T3 Genpar II, L.P. served on 3/14/2014, answer due 4/4/2014; T3 Parallel II, L.P. served on 3/14/2014, answer due 4/4/2014; T3 Partners II, L.P. served on 3/14/2014, answer due 4/4/2014; TCW Asset Management Company served on 3/14/2014, answer due 4/4/2014; TCW Group Inc. served on 3/14/2014, answer due 4/4/2014; TCW/Crescent Mezzanine III, LLC served on 3/18/2014, answer due 4/8/2014; TCW/Crescent Mezzanine Partners III Netherlands, L.P. served on 3/18/2014, answer due 4/8/2014; TCW/Crescent Mezzanine Partners III, L.P. served on 3/18/2014, answer due 4/8/2014; TCW/Crescent Mezzanine Trust III served on 3/17/2014, answer due 4/7/2014; TPG Advisors IV, Inc. served on 3/14/2014, answer due 4/4/2014; TPG Capital Management, L.P. served on 3/14/2014, answer due 4/4/2014; TPG Capital, LLP served on 3/21/2014, answer due 4/11/2014; TPG Genpar IV, L.P. served on 3/14/2014, answer due 4/4/2014; TPG Partners IV, L.P. served on 3/14/2014, answer due 4/4/2014. Document filed by Andrew Lawrence Hosking; Simon James Bonney. (Ashley, Marc) |
| Filing 5 AFFIDAVIT OF SERVICE. Deutsche Bank AG served on 3/19/2014, answer due 4/9/2014. Service was accepted by Diana Hui, Paralegal. Document filed by Andrew Lawrence Hosking. (Schmidt, Alexander) |
| Filing 4 AFFIDAVIT OF SERVICE. Nikesh Arora served on 3/19/2014, answer due 4/9/2014. Service was accepted by Kiran Arora. Document filed by Simon James Bonney. (Schmidt, Alexander) |
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Filing 3
STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (jom)
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| Filing 2 COMPLAINT against APAX Partners LLP, Apax Europe VI GP Co., Ltd., Apax Europe VI GP, L.P., Apax Europe VI-1, L.P., Apax Europe VI-A, L.P., Apax Partners Europe Managers Ltd., Apax Partners, L.P., Apax WW Nominees Ltd., Nikesh Arora, David Bonderman, James Coulter, Deutsche Bank AG, Does 1-25, Martin Halusa, T3 Advisors II, Inc., T3 Genpar II, L.P., T3 Parallel II, L.P., T3 Partners II, L.P., TCW Asset Management Company, TCW Group Inc., TCW/Crescent Mezzanine III, LLC, TCW/Crescent Mezzanine Partners III Netherlands, L.P., TCW/Crescent Mezzanine Partners III, L.P., TCW/Crescent Mezzanine Trust III, TPG Advisors IV, Inc., TPG Capital Management, L.P., TPG Capital, LLP, TPG Genpar IV, L.P., TPG Partners IV, L.P.. (Filing Fee $ 350.00, Receipt Number 465401089961)Document filed by Andrew Lawrence Hosking, Simon James Bonney. (Attachments: #1 Exhibit A)(jom) |
| Filing 1 CIVIL COVER SHEET filed. (jom) |
| SUMMONS ISSUED as to APAX Partners LLP, Apax Europe VI GP Co., Ltd., Apax Europe VI GP, L.P., Apax Europe VI-1, L.P., Apax Europe VI-A, L.P., Apax Partners Europe Managers Ltd., Apax Partners, L.P., Apax WW Nominees Ltd., Nikesh Arora, David Bonderman, James Coulter, Deutsche Bank AG, Does 1-25, Martin Halusa, T3 Advisors II, Inc., T3 Genpar II, L.P., T3 Parallel II, L.P., T3 Partners II, L.P., TCW Asset Management Company, TCW Group Inc., TCW/Crescent Mezzanine III, LLC, TCW/Crescent Mezzanine Partners III Netherlands, L.P., TCW/Crescent Mezzanine Partners III, L.P., TCW/Crescent Mezzanine Trust III, TPG Advisors IV, Inc., TPG Capital Management, L.P., TPG Capital, LLP, TPG Genpar IV, L.P., TPG Partners IV, L.P.. (jom) |
| Magistrate Judge Andrew J. Peck is so designated. (jom) |
| Case Designated ECF. (jom) |
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