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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Date Court Document Number Description
04/23/2019 333 ORDER: The parties in the above-captioned cases have jointly requested that the Court extend several deadlines in the case management schedule governing all consolidated cases. The Court hereby grants the parties' request, but absolutely no further extensions will be granted. The deadlines in the case management plan are extended as follows: Fact Deposition due by 9/6/2019. Discovery due by 9/6/2019. Motions due by 10/2/2019. Expert Deposition due by 10/16/2019. Responses due by 10/18/2019. Replies due by 10/25/2019 and may incorporate expert deposition testimony not available when moving papers are filed. Ready for Trial by 10/28/2019. Final Pretrial Conference set for 11/4/2019 at 10:00 AM before Judge Jed S. Rakoff. Oral Argument set for 11/4/2019 at 10:00 AM before Judge Jed S. Rakoff. In addition, the Court hereby grants the request of certain parties in Trott et al. v. Platinum Management (NY) LLC et al., over the Trott plaintiffs' objection, to extend the deadline to join additional parties in that case to May 15, 2019. (Signed by Judge Jed S. Rakoff on 4/19/2019) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR, 1:18-cv-12018-JSR(jwh) (Entered: 04/23/2019)
04/23/2019 334 MOTION to Dismiss Second Amended Complaint (ECF No. 285). Document filed by Seth Gerszberg. Responses due by 5/13/2019 Return Date set for 6/4/2019 at 10:00 AM. (Attachments: # 1 MOL in Support of Defendant's, Seth Gerszberg, Motion to Dismiss, # 2 Affidavit of Seth Gerszberg, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Filing Cover Letter)(Ostrove, Elliot) (Entered: 04/23/2019)
04/23/2019 335 NOTICE OF APPEARANCE by Vahbiz P. Karanjia on behalf of Seth Gerszberg. (Karanjia, Vahbiz) (Entered: 04/23/2019)
04/29/2019 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Kim Steven Juhase to RE-FILE Document 298 Answer to Amended Complaint, Crossclaim,, Counterclaim. ERROR(S): You cannot use party type ALL PLAINTIFFS/DEFENDANTS on Answers, Crossclaims and Counterclaims. Refile and select all parties required to answer. (db) (Entered: 04/29/2019)
04/29/2019 336 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 Twosons and Plaintiffs are hereby tolled pending approval of the Settlement Agreement by the Grand Court of the Cayman Islands and until further stipulation between Plaintiffs and Twosons, and as further set forth in this stipulation. (Signed by Judge Jed S. Rakoff on 4/25/2019) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(jwh) (Entered: 04/29/2019)
04/29/2019 337 MOTION to Compel Beechwood Re Ltd., B Asset Manager, L.P., Beechwood Bermuda International, Ltd., Beechwood Re Investments, LLC a/k/a Beechwood Re Investors, LLC, Moshe M. Feuer a/k/a Mark Feuer, Scott A. Taylor, David I. Levy, Dhruv Narain, B Asset Manager II, LP, Beechwood Re Holdings, Inc., Beechwood Bermuda Ltd., and BAM Administrative Services LLC to produce their objections, responses, and production to the SEC's Subpoena. Document filed by Fuzion Analytics, Inc., Senior Health Insurance Company of Pennsylvania.Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR, 1:18-cv-12018-JSR(Seibert, Robert) (Entered: 04/29/2019)
04/29/2019 338 DECLARATION of R. Brian Seibert in Support re: (128 in 1:18-cv-12018-JSR, 337 in 1:18-cv-10936-JSR, 298 in 1:18-cv-06658-JSR) MOTION to Compel Beechwood Re Ltd., B Asset Manager, L.P., Beechwood Bermuda International, Ltd., Beechwood Re Investments, LLC a/k/a Beechwood Re Investors, LLC, Moshe M. Feuer a/k/a Mark Feuer, Scott A. Taylor, David I. Levy, Dhruv Narain, B Ass. Document filed by Fuzion Analytics, Inc., 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)Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR, 1:18-cv-12018-JSR(Seibert, Robert) (Entered: 04/29/2019)
04/29/2019 339 MOTION for Joinder to join the Motion (ECF 298) and all exhibits thereto submitted in this consolidated action by Senior Health Insurance Company of Pennsylvania (SHIP) to compel the production of documents from the Beechwood Defendants. 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, 1:18-cv-12018-JSR(Gluck, Warren) (Entered: 04/29/2019)
05/01/2019 340 WITHDRAWAL OF CLAIM. Document filed by Bernard Fuchs. (Juhase, Kim) (Entered: 05/01/2019)
05/01/2019 341 ANSWER to 298 Counterclaim., ANSWER to 298 Crossclaim., CROSSCLAIM against Daniel Small, David Ottensoser, Scott Taylor, Moshe M. Feuer, Mark Nordlicht, Naftali Manela, Illumin Capital Management LP, Dhruv Narain, Daniel Saks, David Levy, Kevin Cassidy, Ezra Beren, Michael Katz, Estate of Uri Landesman, Joseph Sanfilippo, Platinum Management (NY) LLC., COUNTERCLAIM against Platinum Partners Value Arbitrage Fund L.P., Christopher Smith, Martin Trott. Document filed by Bernard Fuchs.(Juhase, Kim) (Entered: 05/01/2019)
05/02/2019 342 STIPULATION AND ORDER OF PROTECTION PURSUANT TO FRE 502(d) regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Jed S. Rakoff on 5/2/2019) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR, 1:18-cv-12018-JSR(jwh) (Entered: 05/03/2019)
05/06/2019 343 RESPONSE in Opposition to Motion re: (300 in 1:18-cv-06658-JSR, 130 in 1:18-cv-12018-JSR) MOTION to Compel Beechwood to their objections, responses, and production to the SEC's Subpoena ., (128 in 1:18-cv-12018-JSR, 337 in 1:18-cv-10936-JSR, 298 in 1:18-cv-06658-JSR) MOTION to Compel Beechwood Re Ltd., B Asset Manager, L.P., Beechwood Bermuda International, Ltd., Beechwood Re Investments, LLC a/k/a Beechwood Re Investors, LLC, Moshe M. Feuer a/k/a Mark Feuer, Scott A. Taylor, David I. Levy, Dhruv Narain, B Ass, (301 in 1:18-cv-06658-JSR, 131 in 1:18-cv-12018-JSR, 339 in 1:18-cv-10936-JSR) MOTION for Joinder to join the Motion (ECF 298) and all exhibits thereto submitted in this consolidated action by Senior Health Insurance Company of Pennsylvania (SHIP) to compel the production of documents from the Beechwood Defendants. . Document filed by B Asset Manager LP, Beechwood Bermuda International, Ltd., Beechwood Re Investments, LLC, Moshe M. Feuer, Dhruv Narain, Scott Taylor. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR, 1:18-cv-12018-JSR(Harris, Mark) (Entered: 05/06/2019)
05/06/2019 344 ORDER: The deadline to answer or move to dismiss Fuchs's counterclaim and cross-claims is May 10, 2019. Fuchs's opposition papers must be filed by May 24, 2019, and reply papers must be filed by May 31, 2019. The Court will then hold oral argument on any motions to dismiss Fuchs's counterclaim and cross-claims on June 4, 2019 at 10:00 AM. (Answer Deadline set for 5/10/2019. Motions due by 5/10/2019. Responses due by 5/24/2019. Replies due by 5/31/2019. Oral Argument set for 6/4/2019 at 10:00 AM before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 5/3/2019) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(jwh) (Entered: 05/06/2019)
05/08/2019 345 WITHDRAWAL OF CLAIM. Document filed by Bernard Fuchs. (Juhase, Kim) (Entered 05/08/2019)
05/08/2019 346 PROPOSED STIPULATION AND ORDER. Document filed by Naftali Manela. (Haran, Sean) (Entered 05/08/2019)
05/10/2019 347 ANSWER to 341 Counterclaim. Document filed by Platinum Partners Value Arbitrage Fund L.P., Christopher Smith, Martin Trott.(Gluck, Warren) (Entered: 05/10/2019)
05/10/2019 348 ANSWER to 327 Counterclaim. Document filed by Platinum Partners Value Arbitrage Fund L.P., Christopher Smith, Martin Trott.(Gluck, Warren) (Entered: 05/10/2019)
05/10/2019 349 MOTION to Dismiss the Second Amended Complaint. Document filed by Daniel Saks. Responses due by 5/17/2019 (Attachments: # 1 Memorandum of Law, # 2 Exhibit A - Declaration of Daniel Saks)(Schwartz, Wendy) (Entered: 05/10/2019)
05/13/2019 350 DECLARATION of Richard A. Bixter, Jr. in Opposition re: [315] MOTION to Dismiss Second Amended Complaint., [323] MOTION for Joinder to Motions to Dismiss the Second Amended Complaint., [329] FIRST MOTION to Dismiss the second amended complaint of plaintiff., [334] MOTION to Dismiss Second Amended Complaint (ECF No. 285)., [319] MOTION to Dismiss Second Amended Complaint., [299] MOTION to Dismiss Count Seventeen of the Second Amended Complaint., [301] MOTION for Joinder in Second-Round Motions to Dismiss and Memoranda of Law., [349] MOTION to Dismiss the Second Amended Complaint., [304] MOTION to Dismiss the Second Amended Complaint., [308] MOTION to Dismiss ., [328] MOTION to Dismiss Second Amended Complaint., [325] MOTION for Joinder to Motions to Dismiss the Second Amended Complaint., [303] MOTION for Joinder in Second-Round Motions to Dismiss and Memoranda of Law., [321] MOTION to Dismiss Second Amended Complaint., [311] MOTION to Dismiss .. Document filed by Platinum Partners Value Arbitrage Fund L.P., Christopher Smith, Martin Trott. (Attachments: # (1) Exhibit 1-11)(Bixter, Richard) (Entered: 05/13/2019)
05/13/2019 351 MEMORANDUM OF LAW in Opposition re: [328] MOTION to Dismiss Second Amended Complaint., [323] MOTION for Joinder to Motions to Dismiss the Second Amended Complaint., [329] FIRST MOTION to Dismiss the second amended complaint of plaintiff., [334] MOTION to Dismiss Second Amended Complaint (ECF No. 285)., [319] MOTION to Dismiss Second Amended Complaint., [299] MOTION to Dismiss Count Seventeen of the Second Amended Complaint., [301] MOTION for Joinder in Second-Round Motions to Dismiss and Memoranda of Law., [349] MOTION to Dismiss the Second Amended Complaint., [304] MOTION to Dismiss the Second Amended Complaint., [308] MOTION to Dismiss ., [325] MOTION for Joinder to Motions to Dismiss the Second Amended Complaint., [303] MOTION for Joinder in Second-Round Motions to Dismiss and Memoranda of Law., [321] MOTION to Dismiss Second Amended Complaint., [311] MOTION to Dismiss . and Motion to Dismiss Doc #315. Document filed by Platinum Partners Value Arbitrage Fund L.P., Christopher Smith, Martin Trott. (Gluck, Warren) (Entered: 05/13/2019)
05/14/2019 352 NOTICE OF APPEARANCE by Robert J. Lane, Jr on behalf of BBIL ULICO 2014 Trust, BRE BCLIC Primary, BRE BCLIC Sub, BRE WNIC 2013 LTC Primary, BRE WNIC 2013 LTC Sub, Bankers Conseco Life Ins. Co. Ltc 2, Private Bankers Life Annuity Ltc 2, Washing National Ltc 2. (Lane, Robert) (Entered: 05/14/2019)
05/14/2019 353 NOTICE OF APPEARANCE by Robert J. Lane, Jr on behalf of BBIL ULICO 2014 Trust, BRE BCLIC Primary, BRE BCLIC Sub, BRE WNIC 2013 LTC Primary, BRE WNIC 2013 LTC Sub, Bankers Conseco Life Ins. Co. Ltc 2, Private Bankers Life Annuity Ltc 2, as successor in interest to BBIL ULICO 2014 Trust, Washington National Insurance Company. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(Lane, Robert) (Entered: 05/14/2019)
05/14/2019 354 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by BBIL ULICO 2014 Trust, BRE BCLIC Primary, BRE BCLIC Sub, Bankers Conseco Life Ins. Co. Ltc 2, Private Bankers Life Annuity Ltc 2, as successor in interest to BBIL ULICO 2014 Trust, Washing National Ltc 2, as successor in interest to BRe WNIC 2013 LTC Primary and BRe WNIC 2013 LTC Sub.Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR(Lane, Robert) (Entered: 05/14/2019)
05/14/2019 355 ANSWER to Complaint. Document filed by BBIL ULICO 2014 Trust, BRE BCLIC Primary, BRE BCLIC Sub, BRE WNIC 2013 LTC Primary, BRE WNIC 2013 LTC Sub, Bankers Conseco Life Ins. Co. Ltc 2, Private Bankers Life Annuity Ltc 2, Washing National Ltc 2.(Lane, Robert) (Entered: 05/14/2019)
05/14/2019 356 ORDER. On April 29, 2019, Senior Health Insurance Company of Pennsylvania ("SHIP") and Fuzion Analytics Inc. ("Fuzion") moved to compel certain defendants in the above-captioned cases to produce their objections, responses, and production to a June 10, 2016 subpoena that the SEC served on B Asset Manager, L.P. ("BAM"). 18-cv-6658, ECF No. 298; 18-cv-10936, ECF No. 337; 18-cv-12018, ECF No. 128. The motion was joined by the plaintiffs in Trott et al. v. Platinum Management (NY) LLC et al. and Cyganowski v. Beechwood Re Ltd. et al. 18-cv-6658, ECF Nos. 300, 301; 18-cv-10936, ECF No. 339; 18-cv-12018, ECF Nos. 130, 131. Defendants opposed. 18-cv-6658, ECF No. 311; 18-cv-10936, ECF No. 343; 18-cv-12018, ECF No. 141. For substantially the reasons given by SHIP and Fuzion, the motion is hereby granted. The Clerk is directed to close the entries in 18-cv-6658 at docket numbers 298, 300, and 301; the entries in 18-cv-10936 at docket numbers 337 and 339; and the entries in 18-cv-12018 at docket numbers 128, 130, and 131. SO ORDERED. Granting (298) Motion to Compel; Granting (300) Motion to Compel; Granting (301) Motion for Joinder in case 1:18-cv-06658-JSR; Granting (337) Motion to Compel; Granting (339) Motion for Joinder in case 1:18-cv-10936-JSR; Granting (128) Motion to Compel; Granting (130) Motion to Compel; Granting (131) Motion for Joinder in case 1:18-cv-12018-JSR. (Signed by Judge Jed S. Rakoff on 5/10/2019). Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18 cv-10936-JSR, 1:18-cv-12018-JSR (rjm) (Entered: 05/15/2019)
05/15/2019 357 MOTION to Dismiss the Second Amended Complaint. Document filed by Daniel Saks. Responses due by 5/17/2019(Schwartz, Wendy) (Entered: 05/15/2019)
05/15/2019 358 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)
05/15/2019 359 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)
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)
05/16/2019 361 NOTICE OF APPEARANCE by Jovalin Dedaj on behalf of Estate of Uri Landesman. (Dedaj, Jovalin) (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 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 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 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 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 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 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 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)
05/10/2019 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)
05/17/2019 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)
05/17/2019 372 NOTICE OF APPEARANCE by Katherine M Jaskot on behalf of Joseph Sanfilippo. (Jaskot, Katherine) (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 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)
05/20/2019 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)
05/20/2019 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 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 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 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)
05/21/2019 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)
05/21/2019 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)
05/10/2019 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)
05/22/2019 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)