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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 801-850 | 851-879

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Date Court Document Number Description
03/17/2020 829 DECLARATION of S. Christopher Provenzano in Support re: (736 in 1:18-cv-06658-JSR) MOTION for Summary Judgment Notice of Motion for Summary Judgment., (510 in 1:18-cv-10936-JSR) MOTION for Summary Judgment Notice of Motion for Summary Judgment.. Document filed by Ezra Beren. (Attachments: # (1) Exhibit A - December 31, 2019 deposition of Ezra Beren)Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR.(Provenzano, S.) (Entered 03/17/2020)
03/17/2020 830 REPLY MEMORANDUM OF LAW in Support re: [733] MOTION for Summary Judgment . . Document filed by Lincoln International LLC, Lincoln Partners Advisors LLC..(Ridgway, William) (Entered 03/17/2020)
03/17/2020 831 FIRST REPLY MEMORANDUM OF LAW in Support re: (537 in 1:18-cv-10936-JSR) FIRST MOTION for Summary Judgment . . Document filed by Bernard Fuchs(a/k/a Berish Fuchs), Bernard Fuchs. (Attachments: # (1) Affidavit Fuchs Affidavit)Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR.(Juhase, Kim) (Entered 03/17/2020)
03/17/2020 832 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 85 - Extracts from the transcript of the deposition of Michael Fisch, taken on December 19, 2019., # (2) Exhibit 86 - Extracts from the transcript of the deposition of John OKane, taken on December 27, 2019., # (3) Exhibit 87 - Extracts from the transcript of the deposition of David Young, taken on January 14, 2020., # (4) Exhibit 88 - A December 22, 2014, email from Wesley Trowbridge to members of Lincolns valuation team, attaching an Excel schedule that Lincoln received from Beechwood, which was produced by Lincoln in this litigation with a starting Bates stamp of LINCOLNSUB-00020852., # (5) Exhibit 89 - Extracts from the transcript of the 30(b)(6) deposition of Michael Fisch, taken on December 19, 2019., # (6) Exhibit 90 - Extracts from the transcript of the deposition of Christopher Buck, taken on December 4, 2019., # (7) Exhibit 91 - Extracts from an Excel valuation model prepared by Lincoln regarding the New Bradley House investment, which was produced by Lincoln in this litigation with a starting bates stamp of LINCOLNSUB-00001935., # (8) Exhibit 92 - An October 3, 2016, email thread among Beechwood and SHIP employees, which was produced by SHIP in this litigation with a starting Bates stamp of SHIP0039881., # (9) Exhibit 93 - An August 7, 2016, email thread among Beechwood and SHIP employees, which was produced by SHIP in this litigation with a starting Bates stamp of SHIP LP 0075117., # (10) Exhibit 94 - An August 9, 2016, email from Elliot Feit to Brian Wegner, which was produced by SHIP in this litigation with a starting Bates stamp of SHIP0101609.).(Ridgway, William) (Entered 03/17/2020)
03/17/2020 833 RESPONSE re: [783] Counter Statement to Rule 56.1 . Document filed by Lincoln International LLC, Lincoln Partners Advisors LLC..(Ridgway, William) (Entered 03/17/2020)
03/17/2020 834 REPLY MEMORANDUM OF LAW in Support re: (522 in 1:18-cv-10936-JSR) MOTION for Summary Judgment of Defendant Huberfeld Family Foundation, Inc.'s. . Document filed by Huberfeld Family Foundation. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR.(Chase, Donald) (Entered 03/17/2020)
03/17/2020 835 DECLARATION of Donald H. Chase in Support re: (743 in 1:18-cv-06658-JSR) MOTION for Summary Judgment of Defendant Huber Family Foundation, Inc.'s., (522 in 1:18-cv-10936-JSR) MOTION for Summary Judgment of Defendant Huberfeld Family Foundation, Inc.'s.. Document filed by Huberfeld Family Foundation. (Attachments: # (1) Chase Reply Decl. Ex. 1 - Fuchs deposition transcript excerpts, # (2) Chase Reply Decl. Ex. 2 - HFF 30(b)(6) deposition transcript excerpts, # (3) Chase Reply Decl. Ex. 3 - Elbogen deposition transcript excerpts, # (4) Chase Reply Decl. Ex. 4 - Huberfeld deposition transcript excerpts)Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR.(Chase, Donald) (Entered 03/17/2020)
03/17/2020 836 DECLARATION of Aaron Elbogen in Support re: (743 in 1:18-cv-06658-JSR) MOTION for Summary Judgment of Defendant Huber Family Foundation, Inc.'s., (522 in 1:18-cv-10936-JSR) MOTION for Summary Judgment of Defendant Huberfeld Family Foundation, Inc.'s.. Document filed by Huberfeld Family Foundation. (Attachments: # (1) Elbogen Decl. Ex. 1 - Ace Foundation investment summaries)Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR.(Chase, Donald) (Entered 03/17/2020)
03/17/2020 837 DECLARATION of Moshe Oratz in Support re: (743 in 1:18-cv-06658-JSR) MOTION for Summary Judgment of Defendant Huber Family Foundation, Inc.'s., (522 in 1:18-cv-10936-JSR) MOTION for Summary Judgment of Defendant Huberfeld Family Foundation, Inc.'s.. Document filed by Huberfeld Family Foundation. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR.(Chase, Donald(Entered 03/17/2020)
03/17/2020 838 REPLY MEMORANDUM OF LAW in Support re: (523 in 1:18-cv-10936-JSR) MOTION for Summary Judgment ., (745 in 1:18-cv-06658-JSR) MOTION for Summary Judgment . . Document filed by David Bodner. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR.(Lauer, Eliot) (Entered 03/17/2020)
03/17/2020 839 DECLARATION of BetsyFeuerstein in Support re: (523 in 1:18-cv-10936-JSR) MOTION for Summary Judgment ., (745 in 1:18-cv-06658-JSR) MOTION for Summary Judgment .. Document filed by David Bodner. (Attachments: # (1) Exhibit 1-5, # (2) Exhibit A-G)Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR.(Feuerstein, Betsy) (Entered 03/17/2020)
03/17/2020 840 REPLY MEMORANDUM OF LAW in Support re: (498 in 1:18-cv-12018-JSR) MOTION for Summary Judgment . . Document filed by Senior Health Insurance Company of Pennsylvania. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-12018-JSR.(Santoro, Robert) (Entered 03/17/2020)
03/17/2020 841 RESPONSE re: (777 in 1:18-cv-06658-JSR) Counter Statement to Rule 56.1 . Document filed by Senior Health Insurance Company of Pennsylvania. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-12018-JSR.(Santoro, Robert) (Entered 03/17/2020)
03/17/2020 842 DECLARATION of Aidan M. McCormack in Support re: (498 in 1:18-cv-12018-JSR) MOTION for Summary Judgment ., (762 in 1:18-cv-06658-JSR) 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)Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-12018-JSR.(Santoro, Robert) (Entered 03/17/2020)
03/17/2020 843 ORDER granting (819) Motion to Withdraw as Attorney. The Clerk of the Court is directed to relieve Mr. Eggenberger as counsel for David Ottensoser, remove his appearance from the docket, and remove his name from the ECF distribution list. SO ORDERED. Attorney Andrew M Williamson terminated in case 1:18-cv-06658-JSR. (Signed by Judge Jed S. Rakoff on 3/16/2020) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR (va) (Entered 03/17/2020)
03/10/2020 Minute Entry for proceedings held before Judge Jed S. Rakoff: Interim Pretrial Conference held on 3/10/2020, ( Summary Judgment briefs due by 3/17/2020.). (tro) (Entered 03/18/2020)
03/18/2020 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 3/18/2020. Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-12018-JSR(tro) (Entered 03/18/2020)
03/12/2020 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Pretrial Conference held on 3/12/2020. (tro) (Entered 03/19/2020)
03/19/2020 844 PROPOSED STIPULATION AND ORDER. Document filed by Joseph Sanfilippo..(Jaskot, Katherine) (Entered 03/19/2020)
03/20/2020 845 ORDER GRANTING MOTION TO WITHDRAW APPEARANCE granting (825) Motion to Withdraw as Attorney; granting (589) Motion to Withdraw as Attorney: ORDERED that the Motion is GRANTED. The Clerk of the Court is directed to relieve Mr. Eggenberger as counsel for David Ottensoser, remove his appearance from the docket, and remove his name from the ECF distribution list. (Attorney Michael Eggenberger terminated.) (Signed by Judge Jed S. Rakoff on 3/18/2020) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR (jwh) (Entered 03/20/2020)
03/24/2020 Minute Entry: The final pre-trial conference and oral argument on summary judgment motions, scheduled for Tuesday, April 7, 2020 at 9:30 a.m., will commence telephonically, with the following dial-in information: Toll-Free 888-363-4735; US Caller Paid/International Toll 215-446-3657; Access Code 1086415. (kgo) (Entered 03/24/2020)
03/24/2020 Set/Reset Hearings: Telephone Conference set for 4/7/2020 at 09:30 AM before Judge Jed S. Rakoff. (kgo) (Entered 03/24/2020)
03/25/2020 846 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Huang Lai Tsu Hsia. Document filed by Martin Trott, Christopher Smith, Platinum Partners Value Arbitrage Fund L.P., Platinum Partners Value Arbitrage Fund L.P.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR.(Gluck, Warren) (Entered 03/25/2020)
03/25/2020 ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. (605 in 1:18-cv-10936-JSR) Notice 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. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(dt) (Entered 03/25/2020)
03/25/2020 847 PROPOSED STIPULATION AND ORDER. Document filed by KEVIN CASSIDY..(Doherty, Therese) (Entered 03/25/2020)
03/25/2020 848 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 for Third Party Senior Health Insurance Company of Pennsylvania, in Receivership ("SHIP"), and counsel for third party defendant Kevin Cassidy, that the above-captioned third party action (the "Action") be and hereby is dismissed with prejudice solely as to Kevin Cassidy, with each party to bear such party's own costs and fees associated with the Action (KEVIN CASSIDY terminated.) (Signed by Judge Jed S. Rakoff on 3/25/2020) (jwh) (Entered 03/25/2020)
03/25/2020 849 NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i): Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), 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), by and through undersigned counsel, hereby give notice that the above-captioned action is voluntarily dismissed with prejudice solely as against Defendant Huang Lai Tsu Hsia, with each party to bear its own attorneys' fees, costs and expenses in this action. (Huang Lai Tsu Hsia terminated.) (Signed by Judge Jed S. Rakoff on 3/25/2020) (jwh) (Entered 03/25/2020)
03/27/2020 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 3/27/2020. (kgo) (Entered 03/27/2020)
03/31/2020 850 DECLARATION of Richard A. Bixter Jr. (Supplemental) in Opposition to Defendants' Motions for Summary Judgment. Document filed by Platinum Partners Value Arbitrage Fund L.P., Christopher Smith, Martin Trott, Platinum Partners Value Arbitrage Fund L.P.. (Attachments: # (1) Exhibit 1-29 (Bookmarked))Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR.(Bixter, Richard) (Entered 03/31/2020)
03/31/2020 851 RULE 56.1 STATEMENT. Document filed by Platinum Partners Value Arbitrage Fund L.P., Christopher Smith, Martin Trott, Platinum Partners Value Arbitrage Fund L.P.. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR.(Bixter, Richard) (Entered 03/31/2020)
03/31/2020 852 SUPPLEMENTAL MEMORANDUM OF LAW (JOLS') in Opposition to Defendants' Motions for Summary Judgment. Document filed by Platinum Partners Value Arbitrage Fund L.P., Christopher Smith, Martin Trott, Platinum Partners Value Arbitrage Fund L.P.. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR.(Gluck, Warren) (Entered 03/31/2020)
04/03/2020 853 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: (736 in 1:18-cv-06658-JSR) MOTION for Summary Judgment Notice of Motion for Summary Judgment. Supplemental Reply Memorandum of Law in Further Support of Ezra Beren's Motion for Summary Judgment. Document filed by Ezra Beren. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR.(Provenzano, S.) (Entered 04/03/2020)
04/03/2020 854 DECLARATION of S. Christopher Provenzano in Support re: (736 in 1:18-cv-06658-JSR) MOTION for Summary Judgment Notice of Motion for Summary Judgment., (510 in 1:18-cv-10936-JSR) MOTION for Summary Judgment Notice of Motion for Summary Judgment.. Document filed by Ezra Beren. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR.(Provenzano, S.) (Entered 04/03/2020)
04/03/2020 855 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Opposition re: (537 in 1:18-cv-10936-JSR) FIRST MOTION for Summary Judgment . . Document filed by Bernard Fuchs. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR.(Juhase, Kim) (Entered 04/03/2020)
04/03/2020 856 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: (743 in 1:18-cv-06658-JSR) MOTION for Summary Judgment of Defendant Huber Family Foundation, Inc.'s., (522 in 1:18-cv-10936-JSR) MOTION for Summary Judgment of Defendant Huberfeld Family Foundation, Inc.'s. . Document filed by Huberfeld Family Foundation. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR.(Chase, Donald) (Entered 04/03/2020)
04/03/2020 857 DECLARATION of Donald H. Chase in Support re: (743 in 1:18-cv-06658-JSR) MOTION for Summary Judgment of Defendant Huber Family Foundation, Inc.'s., (522 in 1:18-cv-10936-JSR) MOTION for Summary Judgment of Defendant Huberfeld Family Foundation, Inc.'s.. Document filed by Huberfeld Family Foundation. (Attachments: # (1) Chase Suppl. Reply Dec. Ex. 1 - HFF 30(b)(6) Deposition transcript excerpts, # (2) Chase Suppl. Reply Dec. Ex. 2 - Trott Deposition transcript excerpts)Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR.(Chase, Donald) (Entered 04/03/2020)
04/03/2020 858 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: (523 in 1:18-cv-10936-JSR) MOTION for Summary Judgment ., (745 in 1:18-cv-06658-JSR) MOTION for Summary Judgment . . Document filed by David Bodner. (Attachments: # (1) Appendix -Transcript Excerpt-)Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR.(Lauer, Eliot) (Entered 04/03/2020)
04/03/2020 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 4/3/2020. (kgo) (Entered 04/03/20)
04/06/2020 859 STIPULATION AND ORDER TO WITHDRAW: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys of record for the respective parties to the above-entitled action, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the action, the motion for summary judgment filed by Joseph SanFilippo on February 14, 2020 (Dkt # 517)) is hereby withdrawn without prejudice, without costs to any party as against the other. (Signed by Judge Jed S. Rakoff on 4/6/2020) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR (jwh) (Entered 04/06/2020)
04/07/2020 860 STIPULATION AND ORDER TO WITHDRAW: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys of record for the respective parties to the above-entitled action, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the action, the motion for summary judgment filed by Seth Gerszberg on February 14, 2020 (Dkt # 535, 578)) is hereby withdrawn without prejudice, without costs to any party as against the other. (Signed by Judge Jed S. Rakoff on 4/6/2020) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR (jwh) (Entered 04/07/2020)
04/07/2020 861 ORDER, This will confirm in writing the orders orally issued by the Court during a final pre-trial conference held telephonically earlier today. Any Daubert motion papers must be filed on the following schedule: (a) moving papers due May 19, 2020; (b) answering papers due June 2, 2020; and (c) reply papers due June 9, 2020. Oral argument on any Daubert motion, as well as on any summary judgment motion by a party that did not participate in today's oral argument and that fails to fully settle the relevant case by June 17, 2020, shall be held at 3:30 p.m. on June 18, 2020. In addition, jury trial for these actions will commence at 9:30 a.m. on November 9, 2020. SO ORDERED. ( Motions due by 5/19/2020., Responses due by 6/2/2020, Replies due by 6/9/2020., Jury Trial set for 11/9/2020 at 09:30 AM before Judge Jed S. Rakoff., Oral Argument set for 6/18/2020 at 03:30 PM before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 4/7/20) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR, 1:18-cv-12018-JSR (yv) (Entered 04/08/2020)
04/07/2020 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 4/7/2020. Daubert motion(s), if any, due May 19, 2020; answering brief(s) due June 2, 2020; reply brief(s) due June 9, 2020. Oral argument on the Daubert motion(s) to be held on June 18, 2020, at 3:30 p.m. Jury trial for the consolidated actions (18-cv-6658, 18-cv-10936, 18-cv-12018, 19-cv-7137) will commence on November 9, 2020, at 9:30 a.m. (kgo) (Entered 04/09/2020)
04/10/2020 862 OPINION AND ORDER re: (733 in 1:18-cv-06658-JSR) MOTION for Summary Judgment . filed by Lincoln International LLC, Lincoln Partners Advisors LLC, (50 in 1:19-cv-07137-JSR) MOTION for Summary Judgment . filed by Lincoln International LLC, Lincoln Partners Advisors LLC. The Court holds that Lincoln did not substantially assist Beechwood's primary breach of fiduciary duty and fraud committed against SHIP. Accordingly, the Court grants summary judgment in favor of defendants on the aiding and abetting claims and dismisses the Amended Complaint in its entirety. The Clerk of the Court is directed to close the entries bearing docket number 50 in 19-cv-7137 and docket number 733 in 18-cv-6658, and to close the case with number 19-cv-7137. SO ORDERED. (Signed by Judge Jed S. Rakoff on 4/10/20) (yv) Transmission to Orders and Judgments Clerk for processing. (Entered 04/13/2020)
04/13/2020 863 CLERK'S JUDGMENT re: [862] Memorandum & Opinion. in favor of Lincoln International LLC, Lincoln Partners Advisors LLC against Senior Health Insurance Company of Pennsylvania. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated April 10, 2020, the Court holds that Lincoln did not substantially assist Beechwood's primary breach of fiduciary duty and fraud committed against SHIP; accordingly, summary judgment is granted in favor of defendants on the aiding and abetting claims and the Amended Complaint is dismissed in its entirety, and case number 19-cv-7137 is closed. (Signed by Clerk of Court Ruby Krajick on 04/13/2020) (Attachments: # (1) Notice of Right to) (dt) (Entered 04/13/2020)
04/15/2020 864 OPINION AND ORDER re: (513 in 1:18-cv-12018-JSR) MOTION for Summary Judgment Notice of Defendant PB Invesment Holdings LTD's Motion of Summary Judgment: In conclusion, the Court grants summary judgment in favor of PBIHL on the aiding and abetting claims and dismisses the FAC as against PBIHL, with prejudice. The Clerk of the Court is directed to close the entry bearing docket number 513 in 18-cv-12018. (Signed by Judge Jed S. Rakoff on 4/15/2020) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-12018-JSR (jwh) (Entered 04/15/2020)
04/21/2020 865 OPINION AND ORDER re: (523 in 1:18-cv-10936-JSR) MOTION for Summary Judgment, (745 in 1:18-cv-06658-JSR) MOTION for Summary Judgment, (743 in 1:18-cv-06658-JSR) MOTION for Summary Judgment, (584 in 1:18-cv-10936-JSR) FIRST MOTION for Summary Judgment, (821 in 1:18-cv-06658-JSR) MOTION for Summary Judgment, (522 in 1:18-cv-10936-JSR) MOTION for Summary Judgment: This Opinion and Order disposes of the motions of Bodner, Fuchs, Huberfeld, and HFF for summary judgment on all remaining claims against them. The Clerk is directed to close the following entries on the Trott docket (18-cv-10936): 523, 537, 584, and 522. The Clerk is also directly to close the following entries on the master docket (18-cv-6658): 745, 732, 821, and 743. (Huberfeld Family Foundation and Huberfeld Family Foundation terminated.) (Signed by Judge Jed S. Rakoff on 4/21/2020) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR (jwh) (Entered 04/21/2020)
04/29/2020 866 PROPOSED STIPULATION AND ORDER. Document filed by Platinum Partners Value Arbitrage Fund L.P., Christopher Smith, Martin Trott..(Gluck, Warren) [Entered 04/29/20220)
04/29/2020 867 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 Ezra Beren ("Beren"), that the above-captioned action (the "Action") be and hereby is dismissed with prejudice only as to Beren, with each party to bear its own costs and fees associated with the Action. (Ezra Beren terminated.) (Signed by Judge Jed S. Rakoff on 4/28/2020) (jwh) (Entered 04/29/2020)
05/18/2020 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 5/18/2020. The trial start date still remains as November 9, 2020, but, if Mr. Bodner's counsel still have the trial scheduling conflict, he must convene a joint telephonic conference call in the first week of October 2020. (kgo) (Entered 05/18/2020)
05/19/2020 868 MOTION for Pre-Trial excluding expert report from trial. Document filed by Murray Huberfeld. Return Date set for 6/18/2020 at 03:30 PM..(Daniels, Jeffrey) (Entered 05/19/2020)
05/19/2020 869 DECLARATION of Jeffrey C. Daniels in Support re: [868] MOTION for Pre-Trial excluding expert report from trial.. Document filed by Murray Huberfeld. (Attachments: # (1) Exhibit Expert report).(Daniels, Jeffrey) (Entered 05/19/2020)
05/19/2020 870 MEMORANDUM OF LAW in Support re: [868] MOTION for Pre-Trial excluding expert report from trial. . Document filed by Murray Huberfeld..(Daniels, Jeffrey) (Entered 05/19/2020)
05/19/2020 871 MOTION to Preclude Expert Report of Ronald G. Quintero. Document filed by David Bodner.Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR.(Lauer, Eliot) (Entered 05/19/2020)
05/19/2020 872 MEMORANDUM OF LAW in Support re: (632 in 1:18-cv-10936-JSR, 871 in 1:18-cv-06658-JSR) MOTION to Preclude Expert Report of Ronald G. Quintero. . Document filed by David Bodner. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR.(Lauer, Eliot) (Entered 05/19/2020)
05/19/2020 873 DECLARATION of Abigail B. Johnston in Support re: (632 in 1:18-cv-10936-JSR, 871 in 1:18-cv-06658-JSR) MOTION to Preclude Expert Report of Ronald G. Quintero.. Document filed by David Bodner. (Attachments: # (1) Exhibit -A, # (2) Exhibit -B, # (3) Exhibit -C, # (4) Exhibit -D, # (5) Exhibit -E, # (6) Exhibit -F, # (7) Exhibit -G, # (8) Exhibit -H, # (9) Exhibit -I, # (10) Exhibit -J)Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR.(Johnston, Abigail) (Entered 05/19/2020)
05/21/2020 874 MOTION for Kathleen Birrane to Withdraw as Attorney . Document filed by Senior Health Insurance Company of Pennsylvania. (Attachments: # (1) Text of Proposed Order)Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-12018-JSR.(McCormack, Aidan) (Entered 05/21/2020)
05/22/2020 875 TRANSCRIPT of Proceedings re: comference held on 4/7/2020 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Martha Martin, (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 6/12/2020. Redacted Transcript Deadline set for 6/22/2020. Release of Transcript Restriction set for 8/20/2020.Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR, 1:18-cv-12018-JSR.(McGuirk, Kelly) (Entered 05/22/2020)
05/22/2020 876 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 4/7/2020 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...Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR, 1:18-cv-12018-JSR.(McGuirk, Kelly) (Entered 05/22/2020)
05/22/2020 877 ORDER GRANTING MOTION TO WITHDRAW APPEARANCE granting (874) Motion to Withdraw as Attorney; granting (529) Motion to Withdraw as Attorney: Upon consideration of the Motion to Withdraw the Appearance of Kathleen Birrane as counsel for Senior Health Insurance Company of Pennsylvania ("SHIP") in the above-captioned actions (the "Motion"), it is hereby ORDERED that the Motion is GRANTED. The Clerk of the Court is directed to relieve Ms. Birrane as counsel for SHIP, remove her appearances from the dockets in the consolidated actions, and remove her name from the ECF distribution lists. (Attorney Kathleen Ann Birrane terminated.) (Signed by Judge Jed S. Rakoff on 5/22/2020) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-12018-JSR (jwh) (Entered 05/22/2020)
05/25/2020 878 PROPOSED STIPULATION AND ORDER. Document filed by Platinum Partners Value Arbitrage Fund L.P...(Bixter, Richard) (Entered 05/25/2020)
05/26/2020 879 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 defendants Moshe M. Feuer a/k/a Mark Feuer, Scott A. Taylor, Dhruv Narain, B Asset Manager LP, B Asset Manager II LP, Beechwood Capital Group, LLC, Beechwood Bermuda International Ltd., BAM Administrative Services, LLC, Illumin Capital Management LP, BBLN-PEDCO Corp., BHLN-PEDCO Corp., Beechwood Re Investments LLC, Beechwood Re Holdings, Inc., and Beechwood Re in Official Liquidation (collectively (the "Beechwood Defendants") that the above-captioned action (the "Action") be and hereby is dismissed with prejudice only as to the Beechwood Defendants, with each party to bear its own costs and fees associated with the Action. (BAM Administrative Services LLC, Beechwood Bermuda International Ltd., Beechwood Re Holdings, Inc., Illumin Capital Management LP, Dhruv Narain, B Asset Manager II LP and B Asset Manager LP terminated.) (Signed by Judge Jed S. Rakoff on 5/26/2020) (jwh) (Entered 05/26/2020)