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Securities & Exchange Commission v. Platinum Management (NY) LLC,
et al.
Platinum Receivership
Court Docket
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)
(Docket No. 400)
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)
(Docket No. 399)
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)
(Docket No. 398)
***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)
(Docket No. )
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)
(Docket No. 397)
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)
(Docket No. 396)
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)
(Docket No. 395)
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)
(Docket No. 394)
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)
(Docket No. 393)
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)
(Docket No. 392)
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)
(Docket No. 391)
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)
(Docket No. 390)
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)
(Docket No. 389)
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)
(Docket No. 388)
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)
(Docket No. 387)
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)
(Docket No. 386)
>>>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)
(Docket No. )
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)
(Docket No. 385)
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)
(Docket No. 384)
>>>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)
(Docket No. )
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)
(Docket No. 383)
>>>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)
(Docket No. )
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)
(Docket No. 382)
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)
(Docket No. 381)
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)
(Docket No. 380)
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)
(Docket No. 379)
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)
(Docket No. 378)
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)
(Docket No. 377)
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)
(Docket No. 376)
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)
(Docket No. 375)
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)
(Docket No. 374)
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)
(Docket No. 373)
NOTICE OF APPEARANCE by Katherine M Jaskot on behalf of Joseph Sanfilippo. (Jaskot, Katherine) (Entered: 05/17/2019)
(Docket No. 372)
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)
(Docket No. 371)
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)
(Docket No. 370)
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)
(Docket No. 369)
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)
(Docket No. 368)
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)
(Docket No. 367)
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)
(Docket No. 366)
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)
(Docket No. 365)
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)
(Docket No. 364)
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)
(Docket No. 363)
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)
(Docket No. 362)
NOTICE OF APPEARANCE by Jovalin Dedaj on behalf of Estate of Uri Landesman. (Dedaj, Jovalin) (Entered: 05/16/2019)
(Docket No. 361)
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)
(Docket No. 360)
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Elliot David Ostrove to RE-FILE Document [334] MOTION to Dismiss Second Amended Complaint (ECF No. 285). ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Affidavit in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. NOTE: The Memorandum of Law is missing a signature or s/. (ldi) (Entered 05/15/2019)
(Docket No. )
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Ira S. Lipsius to RE-FILE Document [328] MOTION to Dismiss Second Amended Complaint. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi) (Entered 05/15/2019)
(Docket No. )
MEMORANDUM OF LAW in Support re: 357 MOTION to Dismiss the Second Amended Complaint. . Document filed by Daniel Saks. (Schwartz, Wendy) (Entered: 05/15/2019)
(Docket No. 359)
DECLARATION of Daniel Saks in Support re: 357 MOTION to Dismiss the Second Amended Complaint.. Document filed by Daniel Saks. (Schwartz, Wendy) (Entered: 05/15/2019)
(Docket No. 358)
MOTION to Dismiss the Second Amended Complaint. Document filed by Daniel Saks. Responses due by 5/17/2019(Schwartz, Wendy) (Entered: 05/15/2019)
(Docket No. 357)