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 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)
12/23/2019 714 STIPULATION OF DISMISSAL OF LINCOLN INTERNATIONAL LLC 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 Lincoln International LLC are hereby voluntarily dismissed, with 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. So ordered. Third-Party Defendant Lincoln International LLC terminated. (Signed by Judge Jed S. Rakoff on 10/22/2019) (rjm) (Entered 12/23/2019)
12/20/2019 713 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, with prejudice against the defendant(s) Lincoln International LLC and without costs. Document filed by Bankers Conseco Life Insurance Company, Washington National 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(Aerni, John) (Entered 12/20/2019)
12/17/2019 712 ANSWER to [678] Amended Complaint with JURY DEMAND. Document filed by Lincoln International LLC, Lincoln Partners Advisors LLC.(Ridgway, William) (Entered 12/17/2019)
12/17/2019 711 MEMORANDUM OF LAW in Opposition re: [704] MOTION to Dismiss Notice of Ezra Beren's Motion to Dismiss. . Document filed by Platinum Partners Value Arbitrage Fund L.P.. (Gluck, Warren) (Entered 12/17/2019)
12/12/2019 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 12/12/2019. (Kotowski, Linda) (Entered 12/13/2019)
12/13/2019 710 ORDER re: (494 in 1:18-cv-10936-JSR) Letter: Accordingly, the motion to quash is denied, and the deposition must go forward on a mutually agreeable date on or before December 31, 2019. However, because of the year-end activities in which the deponents would otherwise be engaged, the depositions may be conducted telephonically. (Signed by Judge Jed S. Rakoff on 12/12/2019) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(jwh) (Entered 12/13/2019)
12/12/2019 709 ORDER: IT IS HEREBY ORDERED that, no later than December 13, 2019, PMNY shall designate a corporate representative who can testify to all Topics set forth in the Notice; and IT IS HEREBY ORDERED that, no later than December 23, 2019, the corporate representative for PMNY shall sit for a deposition and testify on the Topics set forth in the Notice. (Signed by Judge Jed S. Rakoff on 12/12/2019) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(jwh) (Entered 12/12/2019)
12/12/2019 708 ORDER: IT IS HEREBY ORDERED that, no later than December 13, 2019, Oratz shall produce documents responsive to the modified requests as set forth in the Subpoena; and IT IS HEREBY FURTHER ORDERED that, no later than December 13, 2019, in the event that Oratz does not have documents responsive to the modified requests as set forth in the Subpoena, Oratz shall submit a sworn affidavit to this effect. (Signed by Judge Jed S. Rakoff on 12/12/2019) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(jwh) (Entered 12/12/2019)
12/09/2019 707 ORDER ADMITTING EMILY M. STEINER PRO HAC VICE granting (703) Motion for Emily M. Steiner to Appear Pro Hac Vice in case 1:18-cv-06658-JSR; granting (471) Motion for Emily M. Steiner to Appear Pro Hac Vice in case 1:18-cv-12018-JSR. (Signed by Judge Jed S. Rakoff on 12/6/2019) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-12018-JSR (jwh) (Entered 12/09/2019)
12/05/2019 706 MEMORANDUM ORDER granting in part and denying in part [42] Motion to Dismiss: For the foregoing reasons, the Court grants Lincoln's motion to dismiss, with prejudice, the claims for civil conspiracy, contribution and indemnity, and unjust enrichment, but denies the motion in all other respects. The Clerk of the Court is directed to close the entry at docket number 42. (Signed by Judge Jed S. Rakoff on 12/3/2019) (jwh)
12/02/2019 705 MEMORANDUM OF LAW in Support re: [704] MOTION to Dismiss Notice of Ezra Beren's Motion to Dismiss. Memorandum of Law in Support of Ezra Beren's Motion to Dismiss. Document filed by Ezra Beren. (Provenzano, S.) (Entered 12/02/2019)
12/02/2019 704 MOTION to Dismiss Notice of Ezra Beren's Motion to Dismiss. Document filed by Ezra Beren.(Provenzano, S.) (Entered 12/02/2019)
11/26/2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (471 in 1:18-cv-12018-JSR, 703 in 1:18-cv-06658-JSR) MOTION for Emily M. Steiner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18151073. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-12018-JSR(wb) (Entered 11/26/2019)
11/26/2019 703 MOTION for Emily M. Steiner to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-18151073. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fuzion Analytics, Inc., Senior Health Insurance Company of Pennsylvania. (Attachments: # (1) Affidavit In Support, # (2) Certificate of Good Standing, # (3) Text of Proposed Order)Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-12018-JSR(Steiner, Emily) (Entered 11/26/2019)
11/12/2019 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 11/12/2019. (Kotowski, Linda) (Entered 11/21/2019)
11/19/2019 702 ORDER ADMITTING A. NEILL THUPARI PRO HAC VICE granting (695) Motion for A. Neill Thupari to Appear Pro Hac Vice in case 1:18-cv-06658-JSR; granting (464) Motion for A. Neill Thupari to Appear Pro Hac Vice in case 1:18-cv-12018-JSR. (Signed by Judge Jed S. Rakoff on 11/15/2019) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-12018-JSR (jwh) (Entered 11/19/2019)
11/19/2019 701 MEMORANDUM ORDER granting [55 in 19-CV-4487] Motion for Reconsideration: In sum, the Court grants the Beechwood Parties' motion with respect to reconsideration of the September 22 Order and hereby orders SHIP to wire $467,795.32 to the Beechwood Parties within seven (7) days of the date of this Memorandum Order. In this connection, it is hereby ordered that the supersedeas bond posted by SHIP - in the amount of $519,252.81 and as approved by this Court on September 22, 2019 - be fully and unconditionally released and discharged, and the September 22 Order is hereby vacated in its entirety. Furthermore, for prospective advancement of fees and expenses incurred since on or about September 2, 2019 and to be incurred in the future, the parties are directed to follow the procedures set forth above. Lastly, the Court defers ruling on whether to reconsider the September 5 Order until the U.S. Court of Appeals for the Second Circuit decides the Government's appeal of Judge Cogan's judgment acquitting Levy in the criminal action. (Signed by Judge Jed S. Rakoff on 11/15/2019) (jwh) (Entered 11/19/2019)