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
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)
05/22/2020 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 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)
05/21/2020 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)
05/19/2020 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)
05/19/2020 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 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 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 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 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)
05/18/2020 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)
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)
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)
04/21/2020 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)
04/15/2020 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)
04/13/2020 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)
04/10/2020 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)
04/07/2020 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)
04/07/2020 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 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)
04/06/2020 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)
04/03/2020 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 4/3/2020. (kgo) (Entered 04/03/20)
04/03/2020 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 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 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 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 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 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)
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)
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)