Securities & Exchange Commission v. Platinum Management (NY) LLC, et al.

Platinum Receivership


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Court Docket

United States District Court
Southern District of New York
In re Platinum-Beechwood Litigation
Case No. 1:18-cv-06658-JSR


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Date Court Document Number Description
02/14/2020 765 RULE 56.1 STATEMENT. Document filed by Senior Health Insurance Company of Pennsylvania..(McCormack, Aidan) (Entered: 02/15/2020)
02/14/2020 764 DECLARATION of Aidan M. McCormack in Support re: 762 MOTION for Summary Judgment .. Document filed by Senior Health Insurance Company of Pennsylvania. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69, # 70 Exhibit 70, # 71 Exhibit 71, # 72 Exhibit 72, # 73 Exhibit 73, # 74 Exhibit 74, # 75 Exhibit 75).(McCormack, Aidan) (Entered: 02/14/2020)
02/14/2020 763 MEMORANDUM OF LAW in Support re: 762 MOTION for Summary Judgment . . Document filed by Senior Health Insurance Company of Pennsylvania..(McCormack, Aidan) (Entered: 02/14/2020)
02/14/2020 762 MOTION for Summary Judgment . Document filed by Senior Health Insurance Company of Pennsylvania. Responses due by 3/6/2020 Return Date set for 3/20/2020 at 03:30 PM..(McCormack, Aidan) (Entered: 02/14/2020)
02/14/2020 761 DECLARATION of Erik B. Weinick in Support re: (490 in 1:18-cv-12018-JSR) MOTION for Summary Judgment /Notice of Motion for Partial Summary Judgment Against Defendant Senior Health Insurance Company of Pennsylvania on the Issues of Agency and Imputation.. Document filed by Melanie L. Cyganowski. (Attachments: # 1 Exhibit 1- Receivership Entries, # 2 Exhibit 2-BBIL IMA, # 3 Exhibit 3-BBIL IMA, # 4 Exhibit 4-BAM IMA and Side Letter, # 5 Exhibit 5-Hart-SHIP Expert, # 6 Exhibit 6-Robison-SHIP 30(b)(6), # 7 Exhibit 7-Staldine-SHIP 30(b)(6), # 8 Exhibit 8-Narain Tr, # 9 Exhibit 9-Lorentz Tr, # 10 Exhibit 10-Thomas Tr, # 11 Exhibit 11-Feuer Tr, # 12 Exhibit 12- Bowler Tr, # 13 Exhibit 13- Wegner Tr, # 14 Exhibit 14-1 POC 1, # 15 Exhibit 14-2 POC 1, # 16 Exhibit 14-4 POC 1, # 17 Exhibit 15-NPA, # 18 Exhibit 16-PPVA Northstar Assignment, # 19 Exhibit 17-Tri-Party Northstar-PPCO Assignment Agreement, # 20 Exhibit 18-Reaffirmation and Rattification Agreement, # 21 Exhibit 19-AR MSA Guaranty, # 22 Exhibit 20-AR MSA)Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-12018-JSR.(Cyganowski, Melanie) (Entered: 02/14/2020)
02/14/2020 760 DECLARATION of Wendy H. Schwartz in Support re: 757 MOTION for Summary Judgment .. Document filed by Daniel Saks. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12).(Schwartz, Wendy) (Entered: 02/14/2020)
02/14/2020 759 RULE 56.1 STATEMENT. Document filed by Daniel Saks..(Schwartz, Wendy) (Entered: 02/14/2020)
02/14/2020 758 MEMORANDUM OF LAW in Support re: 757 MOTION for Summary Judgment . . Document filed by Daniel Saks..(Schwartz, Wendy) (Entered: 02/14/2020)
02/14/2020 757 MOTION for Summary Judgment . Document filed by Daniel Saks. Responses due by 3/6/2020 Return Date set for 3/26/2020 at 03:30 PM..(Schwartz, Wendy) (Entered: 02/14/2020)
02/14/2020 756 RULE 56.1 STATEMENT. Document filed by Melanie L. Cyganowski. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-12018-JSR.(Weinick, Erik) (Entered: 02/14/2020)
02/14/2020 755 MEMORANDUM OF LAW in Support re: (490 in 1:18-cv-12018-JSR) MOTION for Summary Judgment /Notice of Motion for Partial Summary Judgment Against Defendant Senior Health Insurance Company of Pennsylvania on the Issues of Agency and Imputation. . Document filed by Melanie L. Cyganowski. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-12018-JSR.(Weinick, Erik) (Entered: 02/14/2020)
02/14/2020 754 MOTION for Summary Judgment /Notice of Motion for Partial Summary Judgment Against Defendant Senior Health Insurance Company of Pennsylvania on the Issues of Agency and Imputation. Document filed by Melanie L. Cyganowski. Return Date set for 3/26/2020 at 03:30 PM..(Cyganowski, Melanie) (Entered: 02/14/2020)
02/14/2020 753 DECLARATION of William Ridgway (Continued) in Support re: 733 MOTION for Summary Judgment .. Document filed by Lincoln International LLC, Lincoln Partners Advisors LLC. (Attachments: # 1 Exhibit 43. A December 22, 2014, email from Trowbridge to Naftali Manela, # 2 Exhibit 44. A December 23, 2014, email from Wirth to members of Lincolns valuation team, # 3 Exhibit 45. A December 29, 2014, email from Andrew Bartolotta to Trowbridge, # 4 Exhibit 46. A December 29, 2014, email from Nick Baldwin to Trowbridge, # 5 Exhibit 47.A December 29, 2014, email from David Stauffer to Trowbridge attaching a document titled Beechwood Notes, # 6 Exhibit 48. A December 30, 2014, email from Buck to Trowbridge, # 7 Exhibit 49. A December 29, 2014, email from Wirth to Trowbridge, # 8 Exhibit 50. A December 30, 2014, email from Trowbridge to Beechwood personnel attaching a document titled Information Requests as of December 29, 2014, # 9 Exhibit 51. A December 30, 2014, email from Eli Rakower to Trowbridge attaching documents regarding Beechwoods investments, # 10 Exhibit 52. A December 22, 2014, email from Trowbridge to Lincoln personnel attaching documents regarding Beechwoods investments, # 11 Exhibit 53. A December 23, 2014, email from Manela to Trowbridge, # 12 Exhibit 54. A December 24, 2014, email from Rakower to Trowbridge, # 13 Exhibit 55. A January 2, 2015, email from Rakower to Trowbridge, # 14 Exhibit 56. A January 5, 2015, email from Rakower to Trowbridge, # 15 Exhibit 57. A January 8, 2015, email from Rakower to Trowbridge, # 16 Exhibit 58. A January 2, 2015, calendar invite regarding KPMG-Beechwood Audit Discussion w/ Lincoln, # 17 Exhibit 59. A January 16, 2015, email from Rakower to Trowbridge, # 18 Exhibit 60. Lincolns positive assurance valuation, dated January 19, 2015, # 19 Exhibit 61. Lincolns positive assurance valuation, dated January 19, 2015, # 20 Exhibit 62. Extracts from the transcript of the deposition of David Young, taken on January 14, 2020, # 21 Exhibit 63. Extracts from the transcript of the deposition of Ronald Kahn, taken on December 20, 2019, # 22 Exhibit 64. A February 6, 2015, email from Fisch to Lincoln personnel, # 23 Exhibit 65. A Notice of Termination, dated February 19, 2015, # 24 Exhibit 66. February 5, 2015, email from Trowbridge to Lincoln personnel, # 25 Exhibit 67. Extracts from Lincolns Selected Policies & Procedures, dated January 27, 2015, # 26 Exhibit 68. Extracts from the transcript of Jesse Lawrence, taken on December 11, 2019., # 27 Exhibit 69. Extracts from the transcript of Larry Levine, taken on December 20, 2019, # 28 Exhibit 70. Extracts from the transcript of Timothy Hart, SHIPs retained expert, taken on December 12, 2019, # 29 Exhibit 71. April 20, 2015, email from Elliot Feit to Paul Lorentz attaching a Duff & Phelps valuation report, dated April 9, 2015, # 30 Exhibit 72. September 16, 2014, email from Samuel Adler to David Young attaching an Excel sheet from Beechwoods holdings report, # 31 Exhibit 73. September 30, 2014, Statement of Account issued by Wilmington Trust, # 32 Exhibit 74. September 30, 2014, Statement of Account issued by Wilmington Trust, # 33 Exhibit 75. December 30, 2014, email from Adler to Young attaching two Excel sheets form Beechwoods holdings report, # 34 Exhibit 76. December 31, 2014, Statement of Account issued by Wilmington Trust, # 35 Exhibit 77. December 31, 2014, Statement of Account issued by Wilmington Trust, # 36 Exhibit 78. Undated document titled Beechwood-SHIP Performance Fee Withdrawals, # 37 Exhibit 79. October 2, 2014, email from Therese Cokain to Elliot Feit attaching a Withdrawal Notice, # 38 Exhibit 80. April 6, 2015, email from Paul Lorentz to Feit attaching a Withdrawal Notice, # 39 Exhibit 81. July 25, 2016, Wall Street Journal article regarding Platinum Partners, # 40 Exhibit 82. June 30, 2016, Statement of Account issued by Wilmington Trust, # 41 Exhibit 83. June 30, 2016, Statement of Account issued by Wilmington Trust, # 42 Exhibit 84. August 1, 2016, email from Janna Zaichek to Feit attaching a Withdrawal Notice).(Ridgway, William) (Entered: 02/14/2020)
02/14/2020 752 DECLARATION of William Ridgway in Support re: 733 MOTION for Summary Judgment .. Document filed by Lincoln International LLC, Lincoln Partners Advisors LLC. (Attachments: # 1 Exhibit 1. Declaration of Michael R. Fisch, sworn to on February 13, 2020, # 2 Exhibit 2. Extracts from the transcript of the deposition of Michael Fisch, taken on December 19, 2019, # 3 Exhibit 3. A memorandum from Lincolns Valuations and Opinions Group, dated December 11, 2013, # 4 Exhibit 4. February 19, 2014, engagement letter between Lincoln Partners Advisors LLC and B Asset Manager LP, # 5 Exhibit 5.Extracts from the transcript of the 30(b)(6) deposition of Michael Fisch, taken on December 19, 2019, # 6 Exhibit 6. Lincolns negative assurance letter, dated February 19, 2015, # 7 Exhibit 7. Extracts from the 2014 version of ASC 820, Fair Value Measurement, # 8 Exhibit 8. Rebuttal Report of Michael Kennelly, dated December 5, 2019, # 9 Exhibit 9. Lincolns positive assurance valuation, dated January 19, 2015, # 10 Exhibit 10. Extracts from the transcript of the deposition of Michael Kennelly, taken on December 17, 2019, # 11 Exhibit 11. Extracts from the transcript of the deposition of Christopher Buck, taken on December 4, 2019, # 12 Exhibit 12. Extracts from the transcript of the deposition of Wesley Trowbridge, taken on December 6, 2019, # 13 Exhibit 13. Extracts from the transcript of the deposition of Barry Staldine, taken on September 27, 2019, # 14 Exhibit 14. Extracts from the transcript of the deposition of Brian Wegner, taken on September 18, 2019, # 15 Exhibit 15. An April 10, 2014, email from Scott Taylor to Wegner, # 16 Exhibit 16. The Investment Management Agreement between SHIP and Beechwood Bermuda International, Ltd., dated May 22, 2014, # 17 Exhibit 17. The Investment Management Agreement between SHIP and Beechwood Re Ltd., dated June 13, 2014, # 18 Exhibit 18. The Investment Management Agreement between SHIP and B Asset Manager, L.P., dated January 15, 2015, # 19 Exhibit 19. Extracts from the transcript of the 30(b)(6) deposition of John Robison, taken on October 30, 2019, # 20 Exhibit 20. Extracts from the transcript of the deposition of Paul Lorentz, taken on November 13, 2019, # 21 Exhibit 21. SHIPs Responses to Lincolns Requests for Admissions, dated January 2, 2020, # 22 Exhibit 22. The Side Letter between SHIP and Beechwood Re Investments, LLC, dated January 15, 2015, # 23 Exhibit 23. Lincolns positive assurance valuation, dated April 8, 2014, # 24 Exhibit 24. Lincolns negative assurance letter, dated March 7, 2014, # 25 Exhibit 25. Lincolns negative assurance letter, dated May 1, 2014, # 26 Exhibit 26. Lincolns negative assurance letter, dated June 4, 2014, # 27 Exhibit 27. Lincolns negative assurance letter, dated June 4, 2014, # 28 Exhibit 28. Lincolns positive assurance valuation, dated July 8, 2014, # 29 Exhibit 29. Lincolns positive assurance valuation, dated July 18, 2014, # 30 Exhibit 30. Lincolns negative assurance letter, dated August 5, 2014, # 31 Exhibit 31. Lincolns negative assurance letter, dated August 5, 2014, # 32 Exhibit 32. Lincolns negative assurance letter, dated September 8, 2014, # 33 Exhibit 33. Lincolns negative assurance letter, dated September 8, 2014, # 34 Exhibit 34. Lincolns positive assurance valuation, dated October 7, 2014, # 35 Exhibit 35. Lincolns positive assurance valuation, dated October 20, 2014, # 36 Exhibit 36. Lincolns negative assurance letter, dated November 5, 2014, # 37 Exhibit 37. Lincolns negative assurance letter, dated November 5, 2014, # 38 Exhibit 38. Lincolns negative assurance letter, dated December 4, 2014, # 39 Exhibit 39. Lincolns negative assurance letter, dated December 4, 2014, # 40 Exhibit 40. Extracts from the transcript of the deposition of John OKane, taken on December 27, 2019., # 41 Exhibit 41.A December 16, 2014, email thread among Wesley Trowbridge, Christopher Buck, and Jason Wirth, # 42 Exhibit 42. Extracts from the transcript of the deposition of Jason Wirth, taken on December 20, 2019).(Ridgway, William) (Entered: 02/14/2020)
02/14/2020 751 DECLARATION of Betsy Feuerstein in Support re: 745 MOTION for Summary Judgment .. Document filed by David Bodner. (Attachments: # 1 Exhibit 1-3, # 2 Exhibit 4, # 3 Exhibit 5-11, # 4 Exhibit A-S).(Feuerstein, Betsy) (Entered: 02/14/2020)
02/14/2020 750 DECLARATION of Abigail B. Johnston in Support re: 745 MOTION for Summary Judgment .. Document filed by David Bodner. (Attachments: # 1 Exhibit 1-50, # 2 Exhibit 51-148).(Johnston, Abigail) (Entered: 02/14/2020)
02/14/2020 749 RULE 56.1 STATEMENT. Document filed by David Bodner..(Hertzberg, Gabriel) (Entered: 02/14/2020)
02/14/2020 748 MEMORANDUM OF LAW in Support re: 745 MOTION for Summary Judgment . . Document filed by David Bodner..(Hertzberg, Gabriel) (Entered: 02/14/2020)
02/14/2020 747 RULE 56.1 STATEMENT. Document filed by Huberfeld Family Foundation..(Chase, Donald) (Entered: 02/14/2020)
02/14/2020 746 MEMORANDUM OF LAW in Support re: 743 MOTION for Summary Judgment of Defendant Huber Family Foundation, Inc.'s. . Document filed by Huberfeld Family Foundation..(Chase, Donald) (Entered: 02/14/2020)
02/14/2020 745 MOTION for Summary Judgment . Document filed by David Bodner..(Hertzberg, Gabriel) (Entered: 02/14/2020)
02/14/2020 744 DECLARATION of Donald H. Chase in Support re: 743 MOTION for Summary Judgment of Defendant Huber Family Foundation, Inc.'s.. Document filed by Huberfeld Family Foundation. (Attachments: # 1 Exhibit 1 - Second Amended Complaint without exhibits, # 2 Exhibit 2 - Second Amended & Restated Operating Agreement of PMNY, # 3 Exhibit 3 - Mark Nordlicht Grantor Trust Agreement, # 4 Exhibit 4 - Murray Huberfeld Deposition transcript excerpts, # 5 Exhibit 5 - Huberfeld's Responses and Objections to JOLs Requests for Admission-Excerpt, # 6 Exhibit 6 - PPVA Second Amended & Restated Limited Partnership Agreement, # 7 Exhibit 7 - Fourth Amended & Restated Investment Mgmt. Agreement, 3.9.2007, # 8 Exhibit 8 - Joseph SanFilippo Deposition transcript excerpts, # 9 Exhibit 9 - Release Agreement for Platinum, Bodner, Huberfeld, Fuchs, Landesman and the Nordlicht Parties, 3.20.2016, # 10 Exhibit 10 - HFF Inc.'s investment in PPVA as of 12.31.2015, # 11 Exhibit 11 - Memorandum re Platinum Releases, 3.20.2016, # 12 Exhibit 12 - HFF Certificate of Incorporation & By-Laws, # 13 Exhibit 13 - HFF 2008 Form 990-PF-Excerpts, # 14 Exhibit 14 - HFF 2009 Form 990-PF-Excerpts, # 15 Exhibit 15 - HFF 2010 Form 990-PF-Excerpts, # 16 Exhibit 16 - HFF 2011 Form 990-PF-Excerpts, # 17 Exhibit 17 - HFF 2012 Form 990-PF-Excerpts, # 18 Exhibit 18 - HFF 2013 Form 990-PF-Excerpts, # 19 Exhibit 19 - HFF 2014 Form 990-PF-Excerpts, # 20 Exhibit 20 - HFF 2015 Form 990-PF-Excerpts, # 21 Exhibit 21 - HFF 2016 Form 990-PF-Excerpts, # 22 Exhibit 22 - Murray Huberfeld HFF 30(b)(6) Deposition transcript excerpts, # 23 Exhibit 23 - Email attaching HFF's March 2013 Statement for Platinum Partners Black Elk Opportunites Fund, # 24 Exhibit 24 - Email attaching HFF's August 2014 Statement for Platinum Partners Black Elk Opportunites Fund, # 25 Exhibit 25 - Black Elk 10-Q for period ending 6.30.2013, # 26 Exhibit 26 - Moody's downgrades Black Elk's CFR to Caa2, outlook negative, 6.7.2013, # 27 Exhibit 27 - S&P Cuts Black Elk Energy Offshore Rating to 'CCC+' - Reuters, 9.17.2013, # 28 Exhibit 28 - Black Elk Indenture (SAC Ex. 51), # 29 Exhibit 29 - Black Elk Energy Offer to Purchase & Consent Soliciation Statement, # 30 Exhibit 30 - Black Elk 8-K. 8.21.2014 (SAC Ex. 58), # 31 Exhibit 31 - Black Elk-Plaintiff's Supplement to Motion for Entry of Default Judgment, # 32 Exhibit 32 - Black Elk Original Adversary Complaint, # 33 Exhibit 33 - Order dated February 6, 2019, # 34 Exhibit 34 - Parlin Email, 3.14.19, # 35 Exhibit 35 - Martin Trott Deposition transcript excerpts, # 36 Exhibit 36 - HFF's Responses and Objections to JOLs Requests for Admission-Excerpt).(Chase, Donald) (Entered: 02/14/2020)
02/14/2020 743 MOTION for Summary Judgment of Defendant Huber Family Foundation, Inc.'s. Document filed by Huberfeld Family Foundation..(Chase, Donald) (Entered: 02/14/2020)
02/14/2020 742 FIRST MOTION for Summary Judgment . Document filed by Murray Huberfeld. Responses due by 3/6/2020 Return Date set for 3/26/2020 at 03:30 PM. (Attachments: # 1 Affidavit Declaration of Jeffrey Daniels, # 2 Exhibit second amended complaint, # 3 Exhibit second amended and restated operating agreement, # 4 Exhibit Nordilicht Grantor Trust Agreement, # 5 Exhibit Huberfeld Excerpts, # 6 Exhibit Respones and Objections to JOL Requests for Admission, # 7 Exhibit second Amended and Restated Limited Partnership Agreement, # 8 Exhibit Fourth Amended and Restated Investment and Management Agreement, # 9 Exhibit San Filippo Excerpts, # 10 Exhibit Release Agreement, # 11 Exhibit HFF's Investment in PPVA, # 12 Exhibit Memorandum re Platinum Releases, # 13 Exhibit Murray Huberfekd Answer, # 14 Supplement Murray Huberfeld Rule 56.1 State, # 15 Supplement Murray Huberfeld Memo of Law).(Daniels, Jeffrey) (Entered: 02/14/2020)
02/14/2020 741 RULE 56.1 STATEMENT. Document filed by Ezra Beren..(Provenzano, S.) (Entered: 02/14/2020)
02/14/2020 740 AFFIRMATION of Joseph SanFilippo in Support re: 736 MOTION for Summary Judgment Notice of Motion for Summary Judgment.. Document filed by Ezra Beren..(Provenzano, S.) (Entered: 02/14/2020)
02/14/2020 739 AFFIRMATION of Mark Nordlicht in Support re: 736 MOTION for Summary Judgment Notice of Motion for Summary Judgment.. Document filed by Ezra Beren..(Provenzano, S.) (Entered: 02/14/2020)
02/14/2020 738 AFFIRMATION of Ezra David Beren in Support re: 736 MOTION for Summary Judgment Notice of Motion for Summary Judgment.. Document filed by Ezra Beren. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4).(Provenzano, S.) (Entered: 02/14/2020)
02/14/2020 737 MEMORANDUM OF LAW in Support re: 736 MOTION for Summary Judgment Notice of Motion for Summary Judgment. Memorandum of Law in Support of Ezra Beren's Motion for Summary Judgment. Document filed by Ezra Beren..(Provenzano, S.) (Entered: 02/14/2020)
02/14/2020 736 MOTION for Summary Judgment Notice of Motion for Summary Judgment. Document filed by Ezra Beren..(Provenzano, S.) (Entered: 02/14/2020)
02/14/2020 735 RULE 56.1 STATEMENT. Document filed by Lincoln International LLC, Lincoln Partners Advisors LLC..(Ridgway, William) (Entered 02/14/2020)
02/14/2020 734 MEMORANDUM OF LAW in Support re: [733] MOTION for Summary Judgment . . Document filed by Lincoln International LLC, Lincoln Partners Advisors LLC.(Ridgway, William) (Entered 02/14/2020)
02/14/2020 733 MOTION for Summary Judgment . Document filed by Lincoln International LLC, Lincoln Partners Advisors LLC..(Ridgway, William) (Entered 02/14/2020)
02/14/2020 732 FIRST MOTION for Summary Judgment . Document filed by Bernard Fuchs(a/k/a Berish Fuchs), Bernard Fuchs. (Attachments: # (1) Affidavit Bernard Fuch's Affidavit, # (2) Exhibit Exhibit 1, # (3) Exhibit Exhibit 2, # (4) Affidavit Attorney Kim Juhase's Affidavit, # (5) Exhibit Exhibit 3 -Answer, # (6) Supplement Local Rule 56.1 Statement, # (7) Supplement Memorandum of Law in Support of Defendant Bernard Fuchs Motion for Summary Judgment).(Novak, Alexander) (Entered 02/14/2020)
02/12/2020 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 2/12/2020. (Kotowski, Linda) (Entered 02/13/2020)
02/13/2020 731 STIPULATION AND ORDER OF VOLUNTARY DISMISSAL: IT IS HEREBY STIPULATED AND AGREED pursuant to Fed, R. Civ. P, 41(a)(1)(A)(ii) by and between the undersigned counsel for Plaintiffs Martin Trott and Christopher Smith, as Joint Official Liquidators and Foreign Representatives of Platinum Partners Value Arbitrage Fund L.P, (in Official Liquidation), and Platinum Partners Value Arbitrage Fund L.P. (in Official Liquidation) (together "Plaintiffs"), and for defendant the Estate of Uri Landesman (the "Landesman Estate"), that the above-captioned action (the "Action") be and hereby is dismissed with prejudice only as to the Landesman Estate, with each party to bear its own costs and fees associated with the Action (Estate of Uri Landesman terminated.) (Signed by Judge Jed S. Rakoff on 2/13/2020) (jwh) (Entered 02/13/2020)
02/12/2020 730 PROPOSED STIPULATION AND ORDER. Document filed by Platinum Partners Value Arbitrage Fund L.P., Christopher Smith, Martin Trott..(Gluck, Warren) (Entered 02/12/2020)
01/31/2020 729 STIPULATION AND ORDER OF VOLUNTARY DISMISSAL: IT IS HEREBY STIPULATED AND AGREED pursuant to Fed. R. Civ. P. 41 (a)(2) by and between the undersigned counsel that the above-captioned action (the "Action") be and hereby is dismissed with prejudice solely as to Kevin Cassidy and Michael Nordlicht, with each party to bear such party's own costs and fees associated with the Action; as further set forth in this Order. KEVIN CASSIDY, Kevin Cassidy, Kevin Cassidy, Kevin Cassidy, Kevin Cassidy, Kevin Cassidy, Kevin Cassidy, KEVIN CASSIDY and KEVIN CASSIDY terminated. (Signed by Judge Jed S. Rakoff on 1/28/2020) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(cf) (Entered 01/21/2020)
01/28/2020 728 PROPOSED STIPULATION AND ORDER. Document filed by Platinum Partners Value Arbitrage Fund L.P., Christopher Smith, Martin Trott, Platinum Partners Value Arbitrage Fund L.P.. (Gluck, Warren) (Entered 01/28/2020)
01/21/2020 727 STIPULATION OF DISMISSAL OF PB INVESTMENT HOLDINGS LTD. PURSUANT TO F.R.C.P. 41(a)(2): IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned parties, through their counsel, that the above-captioned litigation and all claims pending as against only Third-Party Defendant PB Investment Holdings Ltd. are hereby voluntarily dismissed, without prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(2). IT IS HEREBY FURTHER STIPULATED AND AGREED that the parties shall bear their own costs. (PB Investment Holdings Ltd. terminated.) (Signed by Judge Jed S. Rakoff on 1/19/2020) (jwh) (Entered 01/21/2020)
12/23/2019 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 12/23/2019. (Kotowski, Linda) (Entered 01/21/2020)
01/07/2020 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 1/7/2020. (Kotowski, Linda) (Entered 01/21/2020)
01/17/2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Adam Kaiser regarding Document No. [722] Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the wrong party/parties whom the voluntary dismissal is against was/were selected. (km) (Entered 01/17/2020)
01/13/2020 726 MEMO ENDORSEMENT on ORDER GRANTING MOTION TO WITHDRAW APPEARANCE: granting [716] Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. Attorney Jenna Chelsea Polivy terminated. (Signed by Judge Jed S. Rakoff on 1/10/2020) (ama) (Entered 01/13/2020)
01/13/2020 725 STIPULATION AND ORDER OF DISMISSAL OF ELLIOT FEIT, WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(1): IT IS HEREBY STIPULATED AND AGREED, by and between the Parties, through their undersigned attorneys, that the above-captioned litigation, as against only Third-Party Defendant Elliot Feit, is hereby voluntarily dismissed, with prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1). (ELLIOT FEIT terminated.) (Signed by Judge Jed S. Rakoff on 1/10/2020) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-12018-JSR(jwh) (Entered 01/13/2020)
01/13/2020 724 MEMORANDUM ORDER: Nevertheless, the Court will indulge the possibility that counsel were simply carried away by overzealousness rather than acting in bad faith. Accordingly, no monetary sanctions will be imposed. See Schlaifer Nance & Co. v. Estate of Warhol, 194 F.3d 323,. 336 (2d Cir. 1999) ("In order to impose sanctions pursuant to its inherent power, a district court must find that: (1) the challenged claim was without a colorable basis and (2) the claim was brought in bad faith, i.e., motivated by improper purposes such as harassment or delay."). If there are any further violations of the rules, however, the Court will not exercise such forbearances. (Signed by Judge Jed S. Rakoff on 1/7/2020) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(jwh) (Entered 01/13/2020)
01/13/2020 ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. [723] Stipulation of Voluntary Dismissal was reviewed and referred to Judge Jed S. Rakoff for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km) (01/13/2020)
01/10/2020 723 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) PB Investment Holdings Ltd. and without costs. Document filed by Washington National Insurance Company, Bankers Conseco Life Insurance Company. Proposed Order to be reviewed by Clerk's Office staff..Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-12018-JSR(Kaiser, Adam) (Entered 01/10/2020)
01/10/2020 ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. [722] Stipulation of Voluntary Dismissal was reviewed and referred to Judge Jed S. Rakoff for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km) (01/02/2020)
01/10/2020 722 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) PLATINUM CREDIT HOLDINGS LLC, PB Investment Holdings Ltd. and without costs. Document filed by Washington National Insurance Company, Bankers Conseco Life Insurance Company. Proposed Order to be reviewed by Clerk's Office staff..Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-12018-JSR(Kaiser, Adam) (Entered 01/10/2020)
01/09/2020 721 PROPOSED STIPULATION AND ORDER. Document filed by Senior Health Insurance Company of Pennsylvania. (McCormack, Aidan) (Entered 01/09/2020)
01/09/2020 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Aidan McCormack to RE-FILE Document [720] Proposed Order. Use the event type Other Filings, Proposed Orders, Proposed Stipulation and Order. (km) (Entered 01/09/2020)
01/08/2020 720 PROPOSED ORDER. Document filed by Senior Health Insurance Company of Pennsylvania. (McCormack, Aidan) Proposed Order to be reviewed by Clerk's Office staff. (Entered 01/08/2020)
01/07/2020 Minute Entry for proceedings held before Judge Jed S. Rakoff: ( Final Pretrial Conference and oral argument set for 3/26/2020 at 03:30 PM before Judge Jed S. Rakoff.). (Kotowski, Linda) (Entered 01/08/2020)
01/03/2020 719 AFFIRMATION of Warren E. Gluck, Regarding Possible Monetary Sanction Related to Opposition to Ezra Beren's Motion to Dismiss re: [717] Order on Motion to Dismiss,,,,,,,,,,, . Document filed by Platinum Partners Value Arbitrage Fund L.P., Christopher Smith, Martin Trott. (Gluck, Warren) (Entered 01/03/2020)
12/23/2019 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 12/23/2019. (Kotowski, Linda) (Entered 01/03/2020)
01/02/2020 718 ORDER: This will confirm in writing the orders orally issued by the Court during a joint telephone conference at approximately 4:50 p.m. today: (1) A supplemental report by the expert for defendants David Bodner, Murray Huberfeld, Estate of Landesman, Kevin Cassidy, and Michael Nordlicht in the Trott action may be filed by January 31, 2020. (2) In all other respects, the discovery cutoff deadline of December 31, 2019 remains the same. Because of the supplemental report, post-discovery summary judgment papers must now be filed on the following schedule: (a) moving papers on February 14, 2020; (b) answering papers on March 6, 2020; and (c) reply papers on March 13, 2020. A final pre-trial conference, as well as oral argument on any post-discovery summary judgment motions, shall be held at 3:30 PM on March 20, 2020. No further adjournment of these dates will be granted. (Motions due by 2/14/2020. Responses due by 3/6/2020. Replies due by 3/13/2020. Final Pretrial Conference set for 3/20/2020 at 03:30 PM before Judge Jed S. Rakoff. Oral Argument set for 3/20/2020 at 03:30 PM before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 12/23/2019) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR, 1:18-cv-12018-JSR(jwh) (Entered 01/02/2020)
01/02/2020 717 MEMORANDUM ORDER granting in part and denying in part (704) Motion to Dismiss in case 1:18-cv-06658-JSR; granting in part and denying in part (490) Motion to Dismiss in case 1:18-cv-10936-JSR; granting in part and denying in part (472) Motion to Dismiss in case 1:18-cv-12018-JSR: For the foregoing reasons, the Court grants Beren's motion to dismiss, with prejudice, the claims for civil conspiracy and civil RICO in the SAC and the claims for civil conspiracy and unjust enrichment in the SHIP TPC, but denies the motion in all other respects. The Clerk of the Court is directed to close the entries at docket numbers 490 in 18-cv-10936, 472 in 18-cv-12018, and 704 in 18-cv-6658. (Signed by Judge Jed S. Rakoff on 12/24/2019) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR, 1:18-cv-12018-JSR (jwh) (Entered 01/02/2020)
01/02/2020 Minute Entry for proceedings held before Judge Jed S. Rakoff: ( Final Pretrial Conference set for 3/20/2020 at 03:30 PM before Judge Jed S. Rakoff.). (Kotowski, Linda) (Entered 01/02/2020)
12/27/2019 716 MOTION for Jenna C. Polivy to Withdraw as Attorney . Document filed by Bankers Conseco Life Insurance Company, Washington National Insurance Company. (Attachments: # (1) Text of Proposed Order)Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-12018-JSR(Polivy, Jenna) (Entered 12/27/2019)
12/23/2019 715 REPLY MEMORANDUM OF LAW in Support re: (472 in 1:18-cv-12018-JSR) MOTION to Dismiss Notice of Ezra Beren's Motion to Dismiss. Reply Memorandum of Law in Support of Ezra Beren's Motion to Dismiss. Document filed by Ezra Beren. (Attachments: # (1) Exhibit A - Opposition)Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR, 1:18-cv-12018-JSR(Provenzano, S.) (Entered 12/23/2019)