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

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United States District Court
Southern District of New York
Trott et al v. Platinum Management (NY) LLC et al
Case No. 1:18-cv-10936-JSR


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 401-410

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Date Court Document Number Description
06/26/2019 410 STIPULATION AND ORDER EXTENDING TIME TO ANSWER COMPLAINT, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the parties, that the time within which Defendant Huberfeld Family Foundation, Inc. may answer the Second Amended Complaint (ECF Doc. No. 285) is hereby extended from July 5, 2019 up to and including July 12, 2019. No provision of this Stipulation and Order shall be construed as a waiver of any party's claims or defenses and each party expressly reserves all of the same. There has been no previous request for an extension of Huberfeld Family Foundation, Inc.'s time to answer the Second Amended Complaint. SO ORDERED. Huberfeld Family Foundation answer due 7/12/2019. (Signed by Judge Jed S. Rakoff on 6/26/2019) (kv) (Entered: 06/26/2019)
06/25/2019 409 PROPOSED STIPULATION AND ORDER. Document filed by Huberfeld Family Foundation. (Chase, Donald) (Entered: 06/25/2019)
06/21/2019 408 OPINION AND ORDER re: (278 in 1:18-cv-06658-JSR) MOTION for Joinder;, (323 in 1:18-cv-10936-JSR) MOTION for Joinder; (284 in 1:18-cv-06658-JSR) MOTION to Dismiss; (276 in 1:18-cv-06658-JSR) MOTION to Dismiss; (378 in 1:18-cv-10936-JSR) MOTION to Dismiss; (259 in 1:18-cv-06658-JSR) MOTION to Dismiss; (329 in 1:18-cv-10936-JSR) FIRST MOTION to Dismiss; (321 in 1:18-cv-10936-JSR) MOTION to Dismiss; (257 in 1:18-cv-06658-JSR) MOTION to Dismiss; (299 in 1:18-cv-10936-JSR) MOTION to Dismiss; (383 in 1:18-cv-06658-JSR) MOTION to Dismiss; (373 in 1:18-cv-10936-JSR) MOTION to Dismiss; (262 in 1:18-cv-06658-JSR) MOTION to Dismiss; (357 in 1:18-cv-10936-JSR) MOTION to Dismiss; (333 in 1:18-cv-06658-JSR) MOTION to Dismiss; (304 in 1:18-cv-10936-JSR) MOTION to Dismiss; (308 in 1:18-cv-10936-JSR) MOTION to Dismiss: For the reasons below, the Court resolves defendants' motions as follows: The Beechwood Parties: The SAC is dismissed in its entirety as to Illumin. As to all other Beechwood Parties, the Fourteenth Count (unjust enrichment), Sixteenth Count (civil conspiracy), and Seventeenth Count (civil RICO) are dismissed. In addition, the Seventh Count (aiding and abetting breach of fiduciary duties) and Eighth Count (aiding and abetting fraud) are dismissed as to BRILLC, BRE Holdings, BRE, and BBIL. The Beechwood Parties' motion is otherwise denied. Bodner and Huberfeld: The Fourteenth and Seventeenth Counts are dismissed. The motions are otherwise denied. Nordlicht and Cassidy: The motion is denied in its entirety. Gerszberg: The Fourteenth Count is dismissed in part, as specified below. The motion is otherwise denied. HFF: The Twenty-Second Count (alter ego) is dismissed. The motion is otherwise denied. Katz: The motion is granted, and the SAC is dismissed in its entirety as to Katz. Landesman: The motion is granted, and the Seventeenth Count is dismissed. PBIHL: The motion is granted, and the SAC is dismissed in its entirety as to PBIHL. Saks: The First Count (breach of fiduciary duty), Second Count (same), Third Count (aiding and abetting breach of fiduciary duties), Fourth Count (fraud), Fifth Count (constructive fraud), Sixth Count (aiding and abetting fraud), Fourteenth Count, Sixteenth Count, and Seventeenth Count are dismissed. The motion is otherwise denied. This Opinion disposes of the second round of motions to dismiss in Trott et al. v. Platinum Management (NY) LLC et al., 18-cv-10936. The Clerk is directed to close the following entries on the Trott docket: 299, 304, 308, 321, 323, 329, 357, 373, and 378. The Clerk is also directed to close the following entries on the master docket, 18-cv-6658: 257, 259, 262, 276, 278, 284, 333, and 383. (Signed by Judge Jed S. Rakoff on 6/21/2019) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(jwh) (Entered 06/21/2019)
06/18/2019 407 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the parties, that Manela's time to respond to the 3d Party Compl. should be the same as the E.D.N.Y. Defendants Mark Nordlicht, David Levy, and Joseph Sanfilippo. Accordingly, it is agreed that the deadline for Manela to answer or move to dismiss the 3d Party Compl. is extended until two weeks following completion of the trial pending in the Eastern District of New York against defendants Mark Nordlicht, David Levy, and Joseph Sanfilippo. IT IS FURTHER STIPULATED AND AGREED, that no provision of this Stipulation and Order shall be construed as a waiver of any party's claims or defenses, which each party reserves. (Signed by Judge Jed S. Rakoff on 6/15/2019) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(jwh) (Entered 06/18/2019)
06/18/2019 406 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 LP. (in Official Liquidation) and Platinum Partners Value Arbitrage Fund LP. (in Official Liquidation), by and through undersigned counsel, hereby give notice that the above-captioned actions are dismissed with prejudice as to the Defendants listed below only, none of whom have appeared in the case, with each party to bear its own fees and costs related to the actions: i. Olive Tree Holdings, LLC; ii. MN Consulting NY LLC; iii. Mind Body & Soul Co., Ltd.; iv. Estate of Marcos Katz; v. Adela Katz; and vi. Golda Wilk. (The Estate of Marcos Katz terminated.) (Signed by Judge Jed S. Rakoff on 6/15/2019) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(jwh) (Entered 06/18/2019)
06/18/2019 405 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 actions are dismissed with prejudice only as to the Defendants listed below, each party to bear its own fees and costs related to the actions, as further set forth in this order. (Estate of Gertrude Englander, Estate of Jules Nordlicht, Estate of Solomon Englander, FCBA Trust, Morris Fuchs, GRD Estates Ltd., David Gichtin, Ora Gichtin, Abraham C. Grossman, Adela Katz, MN Consulting NY LLC, Meadows Capital LLC, Leon Meyers, Mind, Body and Soul Co. Limited, Barbara Nordlicht, Olive Tree Holdings, LLC, Aaron Parnes, Sarah Parnes, Rockwell Fulton Capital, L.P., Shmuel Fuchs Foundation, The Estate of Marcos Katz, Solomon Werdiger, Golda Wilk, and Ditmars Park Capital L.P. terminated.) (Signed by Judge Jed S. Rakoff on 6/15/2019) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(jwh) (Entered 06/18/2019)
06/18/2019 404 ORDER FOR ADMISSION PRO HAC VICE in case 1:18-cv-06658-JSR; granting (258) Motion for Stewart J. Kong to Appear Pro Hac Vice in case 1:18-cv-12018-JSR. (Signed by Judge Jed S. Rakoff on 6/15/2019) (jwh) (Entered 06/18/2019)
06/14/2019 403 PROPOSED STIPULATION AND ORDER. Document filed by Naftali Manela. (Haran, Sean) (Entered: 06/14/2019)
06/13/2019 ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. [402] 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. (km) (Entered 06/13/2019)
06/13/2019 402 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) Adela Katz, MN Consulting NY LLC, Mind, Body and Soul Co. Limited, Olive Tree Holdings, LLC, The Estate of Marcos Katz, Golda Wilk. Document filed by Martin Trott, Christopher Smith, Platinum Partners Value Arbitrage Fund L.P.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Gluck, Warren)
06/10/2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Warren Gluck. RE-FILE Document No. (401 in 1:18-cv-10936-JSR, 432 in 1:18-cv-06658-JSR) Notice of Voluntary Dismissal. The filing is deficient for the following reason(s): The document should have been filed as a Stipulation of Voluntary Dismissal. All parties who have appeared must sign the stipulation using wet signatures.. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned signature image) PDF. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR, 1:18-cv-12018-JSR(ad) (Entered 06/11/2019)
06/10/2019 401 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 and without costs against the defendant(s) Ditmars Park Capital L.P., Estate of Gertrude Englander, Estate of Jules Nordlicht, Estate of Solomon Englander, FCBA Trust, Morris Fuchs, GRD Estates Ltd., David Gichtin, Ora Gichtin, Abraham C. Grossman, Adela Katz, MN Consulting NY LLC, Meadows Capital LLC, Mind, Body and Soul Co. Limited, Leon Myers, Barbara Nordlicht, Olive Tree Holdings, LLC, Aaron Parnes, Sarah Parnes, Rockwell Fulton Capital, L.P., Shmuel Fuchs Foundation, The Estate of Marcos Katz, Solomon Werdiger, Golda Wilk. Document filed by Martin Trott, Christopher Smith, 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 06/10/2019)
05/31/2019 400 REPLY MEMORANDUM OF LAW in Support re: [378] MOTION to Dismiss for Failure to State a Claim under Rules 9(b) and 12(b)(6). Reply Memorandum of Law of Defendant PB Investment Holdings, LTD., As Sucessor-in-Interest to Beechwood Bermuda Investment Holdings, LTD., in Further Support of its Motion to Dismiss the Second Amended Complaint for Failure to State a Claim. Document filed by PB Investment Holdings Ltd.. (Reed, Kendal) (Entered 05/31/2019)
05/29/2019 399 MEMORANDUM OF LAW in Opposition re: (378 in 1:18-cv-10936-JSR) MOTION to Dismiss for Failure to State a Claim under Rules 9(b) and 12(b)(6). . Document filed by Platinum Partners Value Arbitrage Fund L.P., Christopher Smith, Martin Trott. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(Gluck, Warren) (Entered 05/29/2019)
05/29/2019 398 DECLARATION of Richard A. Bixter Jr. in Opposition re: (378 in 1:18-cv-10936-JSR) MOTION to Dismiss for Failure to State a Claim under Rules 9(b) and 12(b)(6).. Document filed by Platinum Partners Value Arbitrage Fund L.P., Christopher Smith, Martin Trott. (Attachments: # (1) Exhibit 1 - Registered Members for BBIHL, # (2) Exhibit 2 - Assignment of Notes and Liens, # (3) Exhibit 3 - Assignment of Secured Convertible Promissory Note, # (4) Exhibit 4 - Elevation Assignment Agreement, # (5) Exhibit 5 - Elevation Assignment Agreement)Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(Bixter, Richard) (Entered 05/29/2019)
05/24/2019 ***DELETED DOCUMENT. Deleted document number [398] Order for Admission Pro Hac Vice. The document was incorrectly filed in this case. (ama) (Entered 05/24/2019)
05/24/2019 397 ORDER FOR ADMISSION PRO HAC VICE in case 1:18-cv-06658-JSR; granting (384) Motion for Kendal B. Reed to Appear Pro Hac Vice in case 1:18-cv-10936-JSR. (Signed by Judge Jed S. Rakoff on 5/24/2019) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR (ks) (Entered: 05/24/2019)
05/23/2019 396 REPLY MEMORANDUM OF LAW in Support re: (283 in 1:18-cv-06658-JSR) MOTION to Dismiss Second Amended Complaint. . Document filed by B Asset Manager II LP, B Asset Manager LP, BAM Administrative Services LLC, BBLN-PEDCO Corp., BHLN-PEDCO Corp., Beechwood Bermuda International Ltd., Beechwood Capital Group, LLC, Beechwood Re Holdings, Inc., Beechwood Re Investments, LLC, Beechwood Re Ltd., Moshe M. Feuer, Illumin Capital Management LP, Dhruv Narain, Scott Taylor. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(Lipsius, Ira) (Entered: 05/23/2019)
05/23/2019 395 DECLARATION of Donald H. Chase in Support re: (259 in 1:18-cv-06658-JSR) MOTION to Dismiss the Second Amended Complaint., (304 in 1:18-cv-10936-JSR) MOTION to Dismiss the Second Amended Complaint.. Document filed by Huberfeld Family Foundation. (Attachments: # 1 Chase Ex. 1 - So Ordered Stipulation, dated 5.10.2019, # 2 Chase Ex. 2 - Excerpts from HFF's Forms 990-PF for 2008-2017)Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(Chase, Donald) (Entered: 05/23/2019)
05/23/2019 394 REPLY MEMORANDUM OF LAW in Support re: (259 in 1:18-cv-06658-JSR) MOTION to Dismiss the Second Amended Complaint., (304 in 1:18-cv-10936-JSR) MOTION to Dismiss the Second Amended Complaint. . Document filed by Huberfeld Family Foundation. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(Chase, Donald) (Entered: 05/23/2019)
05/23/2019 393 REPLY MEMORANDUM OF LAW in Support re: 334 MOTION to Dismiss Second Amended Complaint (ECF No. 285). . Document filed by Seth Gerszberg. (Ostrove, Elliot) (Entered: 05/23/2019)
05/23/2019 392 REPLY MEMORANDUM OF LAW in Support re: 323 MOTION for Joinder to Motions to Dismiss the Second Amended Complaint. . Document filed by Kevin Cassidy, Michael Nordlicht. (Doherty, Therese) (Entered: 05/23/2019)
05/23/2019 391 DECLARATION of Wendy H. Schwartz in Support re: (357 in 1:18-cv-10936-JSR) MOTION to Dismiss the Second Amended Complaint.. Document filed by Daniel Saks. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(Schwartz, Wendy) (Entered: 05/23/2019)
05/23/2019 390 REPLY MEMORANDUM OF LAW in Support re: (357 in 1:18-cv-10936-JSR) MOTION to Dismiss the Second Amended Complaint. . Document filed by Daniel Saks. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(Schwartz, Wendy) (Entered: 05/23/2019)
05/23/2019 389 REPLY MEMORANDUM OF LAW in Opposition re: (262 in 1:18-cv-06658-JSR) MOTION to Dismiss ., (308 in 1:18-cv-10936-JSR) MOTION to Dismiss . . Document filed by Michael Katz. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(Glick, Stuart) (Entered: 05/23/2019)
05/23/2019 388 REPLY MEMORANDUM OF LAW in Support re: (276 in 1:18-cv-06658-JSR) MOTION to Dismiss Second Amended Complaint. . Document filed by David Bodner. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(Lauer, Eliot) (Entered: 05/23/2019)
05/23/2019 387 REPLY MEMORANDUM OF LAW in Support re: 329 FIRST MOTION to Dismiss the second amended complaint of plaintiff. . Document filed by Murray Huberfeld. (Daniels, Jeffrey) (Entered: 05/23/2019)
05/23/2019 386 NOTICE OF APPEARANCE by Cheryl Deborah Lipsius on behalf of B Asset Manager II LP, B Asset Manager LP, BAM Administrative Services LLC, BBLN-PEDCO Corp., BHLN-PEDCO Corp., Beechwood Bermuda International Ltd., Beechwood Capital Group, LLC, Beechwood Re Holdings, Inc., Beechwood Re Investments, LLC, Beechwood Re Ltd., Illumin Capital Management LP, Moshe M. Feuer, Dhruv Narain, Scott A. Taylor. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(Lipsius, Cheryl) (Entered: 05/23/2019)
05/23/2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. [384] MOTION for Kendal B. Reed to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) (Entered 05/23/2019)
05/23/2019 385 REPLY MEMORANDUM OF LAW in Support re: 299 MOTION to Dismiss Count Seventeen of the Second Amended Complaint. . Document filed by Estate of Uri Landesman. (Breslin, Eric) (Entered: 05/23/2019)
05/23/2019 384 MOTION for Kendal B. Reed to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by PB Investment Holdings Ltd.. (Attachments: # 1 Affidavit, # 2 The Supreme Court of Texas Letter of Good Standing, # 3 State Bar of Texas Letter of Good Standing, # 4 Text of Proposed Order)(Reed, Kendal) (Entered: 05/23/2019)
05/22/2019 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. [383] MOTION for Kendal B. Reed to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16936036. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Texas;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu) (Entered 05/22/2019)
05/22/2019 383 MOTION for Kendal B. Reed to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16936036. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by PB Investment Holdings Ltd.. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Reed, Kendal) (Entered: 05/22/2019)
05/22/2019 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. [381] MOTION for Kendal B. Reed, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16928584. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Texas;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) (Entered 05/22/2019)
05/10/2019 382 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the parties, that Manela's time to respond to the Cross-Claims should be the same as the E.D.N.Y. Defendants. Accordingly, it is agreed that the deadline for Manela to answer or move to dismiss the Cross-Claims is extended until two weeks following completion of the trial pending in the Eastern District of New York against defendants Mark Nordlicht, David Levy, and Joseph Sanfilippo. IT IS FURTHER STIPULATED AND AGREED, that no provision of this Stipulation and Order shall be construed as a waiver of any party's claims or defenses, which each party reserves. SO ORDERED. (Signed by Judge Jed S. Rakoff on 5/9/19) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(ks) (Entered: 05/21/2019)
05/21/2019 381 MOTION for Kendal B. Reed, Esq. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16928584. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by PB Investment Holdings Ltd..(Gruen, Charles) (Entered: 05/21/2019)
05/21/2019 380 STIPULATION: IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the respective parties hereto, that all discovery and briefing obligations and deadlines between Grossman and Plaintiffs with respect to the Overlapping Claims are hereby tolled pending approval of the Agreement by the Cayman Court; and as further set forth in this order. SO ORDERED. (Signed by Judge Jed S. Rakoff on 5/21/2019) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(ks) (Entered: 05/21/2019)
05/20/2019 379 MEMORANDUM OF LAW in Support re: 378 MOTION to Dismiss for Failure to State a Claim under Rules 9(b) and 12(b)(6). . Document filed by PB Investment Holdings Ltd.. (Gruen, Charles) (Entered: 05/20/2019)
05/20/2019 378 MOTION to Dismiss for Failure to State a Claim under Rules 9(b) and 12(b)(6). Document filed by PB Investment Holdings Ltd.. Responses due by 5/29/2019(Gruen, Charles) (Entered: 05/20/2019)
05/20/2019 377 DECLARATION of Ira S. Lipsius in Support re: 373 MOTION to Dismiss .. Document filed by B Asset Manager II LP, B Asset Manager LP, BAM Administrative Services LLC, BBLN-PEDCO Corp., BHLN-PEDCO Corp., Beechwood Bermuda International Ltd., Beechwood Capital Group, LLC, Beechwood Re Holdings, Inc., Beechwood Re Investments, LLC, Beechwood Re Ltd., Moshe M. Feuer, Illumin Capital Management LP, Dhruv Narain, Scott Taylor. (Attachments: # 1 Exhibit Notice of Entry, # 2 Exhibit Excerpt from 03/07/19 Transcript)(Lipsius, Ira) (Entered: 05/20/2019)
05/20/2019 376 MEMORANDUM OF LAW in Support re: 375 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by PB Investment Holdings Ltd.. (Gruen, Charles) (Entered: 05/20/2019)
05/20/2019 375 MOTION to Dismiss for Lack of Jurisdiction . Document filed by PB Investment Holdings Ltd.. Responses due by 5/29/2019(Gruen, Charles) (Entered: 05/20/2019)
05/17/2019 374 MEMORANDUM OF LAW in Support re: 373 MOTION to Dismiss . . Document filed by B Asset Manager II LP, B Asset Manager LP, BAM Administrative Services LLC, BBLN-PEDCO Corp., BHLN-PEDCO Corp., Beechwood Bermuda International Ltd., Beechwood Capital Group, LLC, Beechwood Re Holdings, Inc., Beechwood Re Investments, LLC Series A, Beechwood Re Ltd., Moshe M. Feuer, Illumin Capital Management LP, Dhruv Narain, Scott Taylor. (Lipsius, Ira) (Entered: 05/17/2019)
05/17/2019 373 MOTION to Dismiss . Document filed by B Asset Manager II LP, B Asset Manager LP, BAM Administrative Services LLC, BBLN-PEDCO Corp., BHLN-PEDCO Corp., Beechwood Bermuda International Ltd., Beechwood Capital Group, LLC, Beechwood Re Holdings, Inc., Beechwood Re Investments, LLC, Beechwood Re Ltd., Moshe M. Feuer, Illumin Capital Management LP, Dhruv Narain, Scott Taylor.(Lipsius, Ira) (Entered: 05/17/2019)
05/17/2019 372 NOTICE OF APPEARANCE by Katherine M Jaskot on behalf of Joseph Sanfilippo. (Jaskot, Katherine) (Entered: 05/17/2019)
05/17/2019 371 WITHDRAWAL OF CLAIM. Document filed by Bernard Fuchs. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(Juhase, Kim) (Entered: 05/17/2019)
05/10/2019 370 STIPULATION AND ORDER. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the parties, that Manela's time to respond to the Cross-Claims should be the same as the E.D.N.Y. Defendants. Accordingly, it is agreed that the deadline for Manela to answer or move to dismiss the Cross-Claims is extended until two weeks following completion of the trial pending in the Eastern District of New York against defendants Mark Nordlicht, David Levy, and Joseph SanFilippo. IT IS FURTHER STIPULATED AND AGREED, that no provision of this Stipulation and Order shall be construed as a waiver of any party's claims or defenses, which each party reserves. So ordered. (Signed by Judge Jed S. Rakoff on 5/10/2019) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR. (rjm) (Entered: 05/17/2019)
05/16/2019 369 STIPULATION: IT IS HEREBY STIPULATED AND AGREED, that, in light of the foregoing, all deadlines with respect to the PFIG Motion are hereby adjourned sine die; IT IS HEREBY FURTHER STIPULATED AND AGREED, that this Stipulation may be filed without further notice and, for the purposes of filing this Stipulation, this Stipulation may be executed in counterparts, which, when taken together, shall constitute the entire Agreement, and that signatures by facsimile and electronic mail should be considered by the Court the same as original signatures; and IT IS HEREBY FURTHER STIPULATED AND AGREED, Plaintiffs reserve all rights and remedies at law and equity with respect to PFIG, and PFIG reserves all rights, remedies and defenses at law and equity with respect to Plaintiffs, none of which rights, remedies and defenses are waived. Approved, provided the parties file with the Court every 3 months beginning 9/15/19 a status report on proceedings in the Cayman Court. SO ORDERED. (Signed by Judge Jed S. Rakoff on 5/10/2019) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(ne) (Entered: 05/16/2019)
05/16/2019 368 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,,,,,,,. Private Bankers Life Annuity Ltc 2 served on 4/23/2019, answer due 5/14/2019. Service was accepted by Rose Lista, Paralegal. Service was made by Hand. Document filed by Martin Trott; Christopher Smith; Platinum Partners Value Arbitrage Fund L.P.. (Magruder, Elliot) (Entered: 05/16/2019)
05/16/2019 367 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,,,,,,,. Platinum Partners Black Elk Opportunities Fund LLC served on 4/18/2019, answer due 5/9/2019. Service was accepted by Heather Howie, designee. Service was made by Hand. Document filed by Martin Trott; Christopher Smith; Platinum Partners Value Arbitrage Fund L.P.. (Magruder, Elliot) (Entered: 05/16/2019)
05/16/2019 366 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,,,,,,,. Bankers Conseco Life Ins. Co. Ltc 2 served on 4/23/2019, answer due 5/14/2019. Service was accepted by Rose Lista, Paralegal. Service was made by Hand. Document filed by Martin Trott; Christopher Smith; Platinum Partners Value Arbitrage Fund L.P.. (Magruder, Elliot) (Entered: 05/16/2019)
05/16/2019 365 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,,,,,,,. Beechwood Trust No. 15 served on 4/18/2019, answer due 5/9/2019; Beechwood Trust No. 16 served on 4/18/2019, answer due 5/9/2019; Beechwood Trust No. 17 served on 4/18/2019, answer due 5/9/2019; Beechwood Trust No. 18 served on 4/18/2019, answer due 5/9/2019; Beechwood Trust No. 19 served on 4/18/2019, answer due 5/9/2019; Beechwood Trust No. 20 served on 4/18/2019, answer due 5/9/2019. Service was accepted by Bryce Alves, Clerk, c/o Brad Shalit, Esq. as Trustee. Service was made by Hand. Document filed by Martin Trott; Christopher Smith; Platinum Partners Value Arbitrage Fund L.P.. (Magruder, Elliot) (Entered: 05/16/2019)
05/16/2019 364 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,,,,,,,. Beechwood Trust No. 5 served on 4/18/2019, answer due 5/9/2019; Beechwood Trust No. 6 served on 4/18/2019, answer due 5/9/2019. Service was accepted by Bryce Alves, Clerk, c/o Brad Shalit, Esq. as Trustee. Service was made by Hand. Document filed by Martin Trott; Christopher Smith; Platinum Partners Value Arbitrage Fund L.P.. (Magruder, Elliot) (Entered: 05/16/2019)
05/16/2019 363 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,,,,,,,,. Beechwood Trust No. 1 served on 4/18/2019, answer due 5/9/2019; Beechwood Trust No. 2 served on 4/18/2019, answer due 5/9/2019; Beechwood Trust No. 3 served on 4/18/2019, answer due 5/9/2019; Beechwood Trust No. 4 served on 4/18/2019, answer due 5/9/2019. Service was accepted by Bryce Alves, Clerk, c/o Brad Shalit, Esq. as Trustee. Service was made by Hand. Document filed by Martin Trott; Christopher Smith; Platinum Partners Value Arbitrage Fund L.P.. (Magruder, Elliot) (Entered: 05/16/2019)
05/16/2019 362 NOTICE of SUGGESTION ON PENDENCY OF BANKRUPTCY AND MOTION TO STAY. Document filed by Beechwood Re Ltd.. (Attachments: # 1 Exhibit Chapter 15 petition, # 2 Exhibit Motion to stay)Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(Lipsius, Ira) (Entered: 05/16/2019)
05/16/2019 361 NOTICE OF APPEARANCE by Jovalin Dedaj on behalf of Estate of Uri Landesman. (Dedaj, Jovalin) (Entered: 05/16/2019)
05/15/2019 360 STIPULATION: IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the respective parties hereto, that all discovery and briefing obligations and deadlines between the to-be-dismissed BEOF Unjust Enrichment Defendants and Plaintiffs with respect to the Overlapping Claims are hereby tolled pending approval of the Agreement by the Cayman Court; and IT IS HEREBY FURTHER STIPULATED AND AGREED, that upon the approval of the Agreement by the Cayman Court, the Plaintiffs shall take such actions as may be necessary to dismiss this action with prejudice as against defendants Estate of Jules Nordlicht, FCBA Trust, Morris Fuchs, Barbara Nordlicbt, Aaron Parnes, Sarah Parnes, Shmuel Fuchs Foundation, Solomon Werdiger, Ora Gichtin, David Gichtin, Meadows Capital LLC, Leon Meyers, Rockwell Fulton Capital, L.P, and Ditmas Park Capital, L.P. Approved, provided the parties file with the Court every 3 months beginning 9/15/19 a status report on proceedings in the Cayman Court. (Signed by Judge Jed S. Rakoff on 5/10/2019) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(jwh) (Entered: 05/16/2019)