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

Platinum Receivership


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Court Docket

United States District Court
Eastern District of New York
Platinum Receivership
Case No. 1:18-cv-12018


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Date Court Document Number Description
02/14/2020 495 RULE 56.1 STATEMENT. Document filed by Melanie L. Cyganowski. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-12018-JSR.(Weinick, Erik) (Entered: 02/14/2020)
02/14/2020 496 DECLARATION of Kendal B Reed in Support re: 492 MOTION for Summary Judgment Memorandum of Law of Defendant PB Investment Holdings, LTD in Support of its Motion for Summary Judgment.. Document filed by PB Investment Holdings Ltd.. (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, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N).(Reed, Kendal) (Entered: 02/14/2020)
02/14/2020 497 DECLARATION of Erik B. Weinick in Support re: (490 in 1:18-cv-12018-JSR) MOTION for Summary Judgment /Notice of Motion for Partial Summary Judgment Against Defendant Senior Health Insurance Company of Pennsylvania on the Issues of Agency and Imputation.. Document filed by Melanie L. Cyganowski. (Attachments: # 1 Exhibit 1- Receivership Entries, # 2 Exhibit 2-BBIL IMA, # 3 Exhibit 3-BBIL IMA, # 4 Exhibit 4-BAM IMA and Side Letter, # 5 Exhibit 5-Hart-SHIP Expert, # 6 Exhibit 6-Robison-SHIP 30(b)(6), # 7 Exhibit 7-Staldine-SHIP 30(b)(6), # 8 Exhibit 8-Narain Tr, # 9 Exhibit 9-Lorentz Tr, # 10 Exhibit 10-Thomas Tr, # 11 Exhibit 11-Feuer Tr, # 12 Exhibit 12- Bowler Tr, # 13 Exhibit 13- Wegner Tr, # 14 Exhibit 14-1 POC 1, # 15 Exhibit 14-2 POC 1, # 16 Exhibit 14-4 POC 1, # 17 Exhibit 15-NPA, # 18 Exhibit 16-PPVA Northstar Assignment, # 19 Exhibit 17-Tri-Party Northstar-PPCO Assignment Agreement, # 20 Exhibit 18-Reaffirmation and Rattification Agreement, # 21 Exhibit 19-AR MSA Guaranty, # 22 Exhibit 20-AR MSA)Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-12018-JSR.(Cyganowski, Melanie) (Entered: 02/14/2020)
02/14/2020 498 MOTION for Summary Judgment . Document filed by Senior Health Insurance Company of Pennsylvania. Responses due by 3/6/2020 Return Date set for 3/20/2020 at 03:30 PM..(McCormack, Aidan) (Entered: 02/14/2020)
02/14/2020 499 MEMORANDUM OF LAW in Support re: 498 MOTION for Summary Judgment . . Document filed by Senior Health Insurance Company of Pennsylvania..(McCormack, Aidan) (Entered: 02/14/2020)
02/15/2020 500 RULE 56.1 STATEMENT. Document filed by Senior Health Insurance Company of Pennsylvania..(McCormack, Aidan) (Entered: 02/15/2020)
02/15/2020 501 DECLARATION of Aidan M. McCormack in Support re: 498 MOTION for Summary Judgment .. Document filed by 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, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55 Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60 Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63, # 64 Exhibit 64, # 65 Exhibit 65, # 66 Exhibit 66, # 67 Exhibit 67, # 68 Exhibit 68, # 69 Exhibit 69, # 70 Exhibit 70, # 71 Exhibit 71, # 72 Exhibit 72, # 73 Exhibit 73, # 74 Exhibit 74, # 75 Exhibit 75).(McCormack, Aidan) (Entered: 02/15/2020)
02/18/2020 Minute Entry for proceedings held before Judge Jed S. Rakoff: ( Final Pretrial Conference set for 4/2/2020 at 03:30 PM before Judge Jed S. Rakoff., Oral Argument set for 4/2/2020 at 03:30 PM before Judge Jed S. Rakoff.). Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR, 1:18-cv-12018-JSR(Kotowski, Linda) (Entered 02/18/2020)
02/27/2020 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 2/27/2020. (Kotowski, Linda) (Entered 03/02/2020)
03/02/2020 502 PROPOSED STIPULATION AND ORDER. Document filed by Senior Health Insurance Company of Pennsylvania..(Seibert, Robert) (Entered 03/02/2020)
03/02/2020 Minute Entry for proceedings held before Judge Jed S. Rakoff: ( Oral Argument set for 4/7/2020 at 09:30 AM before Judge Jed S. Rakoff.). (Kotowski, Linda) (Entered 03/02/2020)
03/05/2020 503 JOINT STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE PURSUANT TO FED. R. CIV. P. 41(a)(2): IT IS HEREBY JOINTLY STIPULATED AND AGREED by and between the Settling Parties: 1. SHIP hereby dismisses its FATPC as against the Settling Defendants with prejudice; and 2. Each Settling Party is to bear its own attorneys' fees, costs, and expenses. (Beechwood Re Investments LLC Series C, Beechwood Re Investments LLC Series D, Beechwood Re Investments LLC Series E, Beechwood Re Investments LLC Series F, Beechwood Re Investments LLC Series G, Beechwood Re Investments LLC Series H, Beechwood Re Investments LLC Series I, Beechwood Trust No. 1, Beechwood Trust No. 10, Beechwood Trust No. 11, Beechwood Trust No. 12, Beechwood Trust No. 13, Beechwood Trust No. 14, Beechwood Trust No. 15, Beechwood Trust No. 16, Beechwood Trust No. 17, Beechwood Trust No. 18, Beechwood Trust No. 19, Beechwood Trust No. 2, Beechwood Trust No. 3, Beechwood Trust No. 4, Beechwood Trust No. 5, Beechwood Trust No. 6, Beechwood Trust No. 7, Beechwood Trust No. 8, Beechwood Trust No. 9, Ezra Beren, David Bodner, Estate of Uri Landesman, Murray Huberfeld, DAHLIA KALTER, LAWRENCE PARTNERS LLC, MARK NORDLICHT GRANTOR TRUST, MONSEY EQUITIES LLC, Naftali Manela, Michael Nordlicht, David Ottensoser, Platinum Management (NY) LLC, ROAD HOLDINGS LLC, Joseph Sanfilippo, Will Slota, WHITESTAR LLC, WHITESTAR LLC II, WHITESTAR LLC III, Beechwood Re Investments LLC Series A and Beechwood Re Investments LLC Series B terminated.) (Signed by Judge Jed S. Rakoff on 3/4/2020) (jwh) (Entered 03/05/2020)
03/06/2020 504 DECLARATION of Erik B. Weinick in Opposition re: (488 in 1:18-cv-12018-JSR) MOTION for Summary Judgment ., (498 in 1:18-cv-12018-JSR) MOTION for Summary Judgment ., (492 in 1:18-cv-12018-JSR) MOTION for Summary Judgment Memorandum of Law of Defendant PB Investment Holdings, LTD in Support of its Motion for Summary Judgment.. Document filed by Melanie L. Cyganowski. (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, # (12) Exhibit 12, # (13) Exhibit 13, # (14) Exhibit 14, # (15) Exhibit 15, # (16) Exhibit 16, # (17) Exhibit 17, # (18) Exhibit 18, # (19) Exhibit 19, # (20) Exhibit 20, # (21) Exhibit 21, # (22) Exhibit 22, # (23) Exhibit 23, # (24) Exhibit 24, # (25) Exhibit 25, # (26) Exhibit 26, # (27) Exhibit 27, # (28) Exhibit 28, # (29) Exhibit 29, # (30) Exhibit 30, # (31) Exhibit 31, # (32) Exhibit 32, # (33) Exhibit 33, # (34) Exhibit 34, # (35) Exhibit 35, # (36) Exhibit 36, # (37) Exhibit 37, # (38) Exhibit 38, # (39) Exhibit 39, # (40) Exhibit 40, # (41) Exhibit 41, # (42) Exhibit 42, # (43) Exhibit 43, # (44) Exhibit 44, # (45) Exhibit 45, # (46) Exhibit 46, # (47) Exhibit 47, # (48) Exhibit 48, # (49) Exhibit 49, # (50) Exhibit 50, # (51) Exhibit 51, # (52) Exhibit 52, # (53) Exhibit 53, # (54) Exhibit 54, # (55) Exhibit 55, # (56) Exhibit 56, # (57) Exhibit 57, # (58) Exhibit 58, # (59) Exhibit 59, # (60) Exhibit 60, # (61) Exhibit 61, # (62) Exhibit 62, # (63) Exhibit 63, # (64) Exhibit 64, # (65) Exhibit 65, # (66) Exhibit 66, # (67) Exhibit 67, # (68) Exhibit 68, # (69) Exhibit 69, # (70) Exhibit 70, # (71) Exhibit 71, # (72) Exhibit 72, # (73) Exhibit 73, # (74) Exhibit 74, # (75) Exhibit 75, # (76) Exhibit 76, # (77) Exhibit 77, # (78) Exhibit 78, # (79) Exhibit 79, # (80) Exhibit 80, # (81) Exhibit 81, # (82) Exhibit 82, # (83) Exhibit 83, # (84) Exhibit 84, # (85) Exhibit 85, # (86) Exhibit 86, # (87) Exhibit 87, # (88) Exhibit 88, # (89) Exhibit 89, # (90) Exhibit 90, # (91) Exhibit 91, # (92) Exhibit 92, # (93) Exhibit 93, # (94) Exhibit 94, # (95) Exhibit 95, # (96) Exhibit 96, # (97) Exhibit 97, # (98) Exhibit 98, # (99) Exhibit 99)Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-12018-JSR.(Weinick, Erik) (Entered 03/06/2020)
03/06/2020 505 COUNTER STATEMENT TO (500 in 1:18-cv-12018-JSR) Rule 56.1 Statement. Document filed by Melanie L. Cyganowski. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-12018-JSR.(Weinick, Erik) (Entered 03/06/2020)
03/06/2020 506 RESPONSE re: (494 in 1:18-cv-12018-JSR) Notice (Other) /Receivers Response to Defendant PB Investment Holdings Ltd.s Rule 56.1 Statement of Undisputed Material facts in Support of Its Motion For Summary Judgment. Document filed by Melanie L. Cyganowski. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-12018-JSR.(Weinick, Erik) (Entered 03/06/2020)
03/06/2020 507 RESPONSE re: (498 in 1:18-cv-12018-JSR) MOTION for Summary Judgment ., (499 in 1:18-cv-12018-JSR) Memorandum of Law in Support of Motion Receivers Response to Senior Health insurance Company of Pennsylvanias Local Rule 56.1 Statement of Undisputed and Material Facts in Support of Motion for Summary Judgment. Document filed by Melanie L. Cyganowski. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-12018-JSR.(Weinick, Erik) (Entered 03/06/2020)
03/06/2020 508 MEMORANDUM OF LAW in Opposition re: (492 in 1:18-cv-12018-JSR) MOTION for Summary Judgment Memorandum of Law of Defendant PB Investment Holdings, LTD in Support of its Motion for Summary Judgment., (488 in 1:18-cv-12018-JSR) MOTION for Summary Judgment ., (498 in 1:18-cv-12018-JSR) MOTION for Summary Judgment . The Receivers Omnibus Memorandum of Law In Opposition to Motions for Summary Judgment Filed by (I) Senior Health Insurance Company of Pennsylvania, (II0 the Beechwood Defendants and (III) PB Investment Holding, Ltd. Document filed by Melanie L. Cyganowski. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-12018-JSR.(Weinick, Erik) (Entered 03/06/2020)
03/06/2020 509 DECLARATION of Trey Rogers in Opposition re: (492 in 1:18-cv-12018-JSR) MOTION for Summary Judgment Memorandum of Law of Defendant PB Investment Holdings, LTD in Support of its Motion for Summary Judgment., (488 in 1:18-cv-12018-JSR) MOTION for Summary Judgment ., (498 in 1:18-cv-12018-JSR) MOTION for Summary Judgment .. Document filed by Melanie L. Cyganowski. (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-12018-JSR.(Weinick, Erik) (Entered 03/06/2020)
03/06/2020 510 MEMORANDUM OF LAW in Opposition re: [490] MOTION for Summary Judgment /Notice of Motion for Partial Summary Judgment Against Defendant Senior Health Insurance Company of Pennsylvania on the Issues of Agency and Imputation. . Document filed by Senior Health Insurance Company of Pennsylvania..(McCormack, Aidan) (Entered 03/06/2020)
03/06/2020 511 COUNTER STATEMENT TO [495] Rule 56.1 Statement. Document filed by Senior Health Insurance Company of Pennsylvania..(McCormack, Aidan) (Entered 03/06/2020)
03/06/2020 512 DECLARATION of R. Brian Seibert in Opposition re: [490] MOTION for Summary Judgment /Notice of Motion for Partial Summary Judgment Against Defendant Senior Health Insurance Company of Pennsylvania on the Issues of Agency and Imputation.. Document filed by Senior Health Insurance Company of Pennsylvania. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G).(McCormack, Aidan) (Entered 03/06/2020)
03/12/2020 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Kendal Reed to RE-FILE Document [492] MOTION for Summary Judgment Memorandum of Law of Defendant PB Investment Holdings, LTD in Support of its Motion for Summary Judgment. Use the event type Memorandum in Support of Motion found under the event list Replies, Opposition and Supporting Documents. ***REMINDER*** - First refile the [491] Notice AS THE MOTION for Summary Judgment, then file and link any supporting documents. (db) (Entered 03/12/2020)
03/12/2020 513 MOTION for Summary Judgment Notice of Defendant PB Invesment Holdings LTD's Motion of Summary Judgment. Document filed by PB Investment Holdings Ltd...(Reed, Kendal) (Entered 03/12/2020)
03/12/2020 514 MEMORANDUM OF LAW in Support re: [513] MOTION for Summary Judgment Notice of Defendant PB Invesment Holdings LTD's Motion of Summary Judgment. . Document filed by PB Investment Holdings Ltd...(Reed, Kendal) (Entered 03/12/2020)
03/13/2020 515 MOTION for Andrew M. Williamson to Withdraw as Attorney . Document filed by David Ottensoser. (Attachments: # (1) [Proposed] Order)Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR, 1:18-cv-12018-JSR.(Williamson, Andrew) (Entered 03/13/2020)
03/17/2020 516 MOTION for Michael K. Eggenberger to Withdraw as Attorney . Document filed by David Ottensoser. (Attachments: # (1) [Proposed] Order)Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-10936-JSR, 1:18-cv-12018-JSR.(Eggenberger, Michael) (Entered 03/17/2020)
03/17/2020 517 REPLY MEMORANDUM OF LAW in Support re: (490 in 1:18-cv-12018-JSR) MOTION for Summary Judgment /Notice of Motion for Partial Summary Judgment Against Defendant Senior Health Insurance Company of Pennsylvania on the Issues of Agency and Imputation., (754 in 1:18-cv-06658-JSR) MOTION for Summary Judgment /Notice of Motion for Partial Summary Judgment Against Defendant Senior Health Insurance Company of Pennsylvania on the Issues of Agency and Imputation. /Reply Memorandum of Law in Further Partial Summary Judgment in Support of the Receivers Motion for Partial Summary Judgment Against Defendant Senior Health Insurance Company of Pennsylvania on the Issues of Agency and Imputation. Document filed by Melanie L. Cyganowski. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-12018-JSR.(Weinick, Erik) (Entered 03/17/2020)
03/17/2020 518 REPLY MEMORANDUM OF LAW in Support re: [513] MOTION for Summary Judgment Notice of Defendant PB Invesment Holdings LTD's Motion of Summary Judgment. Defendant PB Investment Holdings LTD's Reply in Support of Its Motion for Summary Judgment. Document filed by PB Investment Holdings Ltd...(Reed, Kendal) (Entered 03/17/2020)
03/17/2020 519 REPLY MEMORANDUM OF LAW in Support re: [488] MOTION for Summary Judgment . . Document filed by BAM Administrative Services LLC, Beechwood Bermuda International, Ltd., Beechwood Bermuda Ltd...(Lipsius, Ira) (Entered 03/17/2020)
03/17/2020 520 REPLY MEMORANDUM OF LAW in Support re: (498 in 1:18-cv-12018-JSR) MOTION for Summary Judgment . . Document filed by Senior Health Insurance Company of Pennsylvania. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-12018-JSR.(Santoro, Robert) (Entered 03/17/2020)
03/17/2020 521 RESPONSE re: (777 in 1:18-cv-06658-JSR) Counter Statement to Rule 56.1 . Document filed by Senior Health Insurance Company of Pennsylvania. Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-12018-JSR.(Santoro, Robert) (Entered 03/17/2020)
03/17/2020 522 RESPONSE re: [505] Counter Statement to Rule 56.1 Defendant PB Investment Holdings LTD's Response to the Receiver's Counterstatement of Material and Undisputed Facts in Opposition to Motions for Summary Judgment. Document filed by PB Investment Holdings Ltd...(Reed, Kendal) (Entered 03/17/2020
03/17/2020 523 DECLARATION of Aidan M. McCormack in Support re: (498 in 1:18-cv-12018-JSR) MOTION for Summary Judgment ., (762 in 1:18-cv-06658-JSR) MOTION for Summary Judgment .. Document filed by 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, # (12) Exhibit 12, # (13) Exhibit 13, # (14) Exhibit 14, # (15) Exhibit 15, # (16) Exhibit 16, # (17) Exhibit 17, # (18) Exhibit 18, # (19) Exhibit 19, # (20) Exhibit 20, # (21) Exhibit 21, # (22) Exhibit 22, # (23) Exhibit 23)Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-12018-JSR.(Santoro, Robert) (Entered 03/17/2020)
03/10/2020 Minute Entry for proceedings held before Judge Jed S. Rakoff: Interim Pretrial Conference held on 3/10/2020, ( Summary Judgment briefs due by 3/17/2020.). (tro) (Entered 03/18/2020
03/18/2020 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 3/18/2020. Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-12018-JSR(tro) (Entered 03/18/2020)
03/05/2020 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 3/5/2020. (kgo) (Entered 03/18/2020)
03/12/2020 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone pretrial Conference held on 3/12/2020. (tro) (Entered 03/19/2020)
03/24/2020 Minute Entry: The final pre-trial conference and oral argument on summary judgment motions, scheduled for Tuesday, April 7, 2020 at 9:30 a.m., will commence telephonically, with the following dial-in information: Toll-Free 888-363-4735; US Caller Paid/International Toll 215-446-3657; Access Code 1086415. (kgo) (Entered 03/24/2020)
03/24/2020 Set/Reset Hearings: Telephone Conference set for 4/7/2020 at 09:30 AM before Judge Jed S. Rakoff. (kgo) (Entered 03/24/2020)
03/25/2020 524 PROPOSED STIPULATION AND ORDER. Document filed by Kevin Cassidy..(Doherty, Therese) (Entered 03/25/2020)
03/25/2020 525 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 for Third Party Senior Health Insurance Company of Pennsylvania, in Receivership ("SHIP"), and counsel for third party defendant Kevin Cassidy, that the above-captioned third party action (the "Action") be and hereby is dismissed with prejudice solely as to Kevin Cassidy, with each party to bear such party's own costs and fees associated with the Action (Kevin Cassidy terminated.) (Signed by Judge Jed S. Rakoff on 3/25/2020) (jwh) (Entered 03/25/2020)
03/27/2020 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 3/27/2020. (kgo) (Entered 03/27/2020)
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)
03/20/2020 526 ORDER GRANTING MOTION TO WITHDRAW APPEARANCE granting [516] Motion to Withdraw as Attorney: Upon consideration of the Motion to Withdraw Appearance of Michael K. Eggenberger as counsel on behalf of defendant and third-party defendant David Ottensoser in the above-captioned action, it is hereby ORDERED that the Motion is GRANTED. The Clerk of the Court is directed to relieve Mr. Eggenberger as counsel for David Ottensoser, remove his appearance from the docket, and remove his name from the ECF distribution list. (Attorney Michael Eggenberger terminated.) (Signed by Judge Jed S. Rakoff on 3/18/2020) (jwh) (Entered 04/07/2020)
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 527 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)
04/15/2020 528 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)
05/21/2020 529 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 (Entered 05/21/2020)
05/22/2020 530 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)
05/22/2020 531 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 532 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)
06/02/2020 NOTICE: Oral argument on the Daubert motion, scheduled for June 18, 2020 at 3:30 p.m., will proceed telephonically with the following dial-in information: USA Toll-Free (888) 363-4735; USA Caller Paid/International Toll: (215) 446-3657; Access Code: 1086415.(kgo) (Entered 06/02/2020)
06/25/2020 533 TRANSCRIPT of Proceedings re: CONFERNECE held on 6/18/2020 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Kelly Surina, (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 7/16/2020. Redacted Transcript Deadline set for 7/27/2020. Release of Transcript Restriction set for 9/23/2020..(McGuirk, Kelly) (Entered 06/25/2020)
06/25/2020 534 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 6/18/2020 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....(McGuirk, Kelly) (Entered 06/25/2020)
07/01/2020 535 NOTICE of Settlement . Document filed by Melanie L. Cyganowski, Platinum Partners Credit Opportunities Fund (BL) LLC, Platinum Partners Credit Opportunities Fund (TE) LLC, Platinum Partners Credit Opportunities Fund International (A) Ltd., Platinum Partners Credit Opportunities Fund International Ltd., Platinum Partners Credit Opportunities Fund LLC. (Attachments: # (1) Exhibit A)Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-12018-JSR.(Weinick, Erik) (Entered 07/01/2020)
07/23/2020 536 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) Senior Health Insurance Company of Pennsylvania and without costs. Document filed by Beechwood Bermuda Investment Holdings, LTD., Taylor-Lau Family Trust, B Asset Manager II LP, BAM Administrative Services LLC, TAYLOR-LAU FAMILY 2016 ACQ TRUST, B ASSET MANAGER GP LLC, MSD ADMINISTRATIVE SERVICES LLC, B ASSET MANAGER II GP LLC, B Asset Manager LP, FEUER FAMILY 2016 ACQ TRUST, Beechwood Capital Group, LLC, Beechwood Bermuda International, Ltd., N MANAGEMENT LLC, Beechwood Re Holdings, Inc., Beechwood Bermuda Ltd., Beechwood Re Ltd., BEECHWOOD GLOBAL DISTRIBUTION TRUST, Feuer Family Trust. Proposed Order to be reviewed by Clerk's Office staff...(Lipsius, Ira) (Entered 07/23/2020
07/23/2020 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Ira Lipsius to RE-FILE Document [536] Stipulation of Voluntary Dismissal. Use the event type Proposed Stipulation and Order found under the event list Proposed Orders. (dt) (Entered 07/23/2020)
07/23/2020 537 PROPOSED STIPULATION AND ORDER. Document filed by B ASSET MANAGER GP LLC, B ASSET MANAGER II GP LLC, B Asset Manager II LP, B Asset Manager LP, BAM Administrative Services LLC, BEECHWOOD GLOBAL DISTRIBUTION TRUST, Beechwood Bermuda International, Ltd., Beechwood Bermuda Investment Holdings, LTD., Beechwood Bermuda Ltd., Beechwood Capital Group, LLC, Beechwood Re Holdings, Inc., Beechwood Re Ltd., FEUER FAMILY 2016 ACQ TRUST, Feuer Family Trust, MSD ADMINISTRATIVE SERVICES LLC, N MANAGEMENT LLC, TAYLOR-LAU FAMILY 2016 ACQ TRUST, Taylor-Lau Family Trust..(Lipsius, Ira) (Entered 07/23/20
07/28/2020 538 STIPULATION AND ORDER OF VOLUNTARY DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, pursuant to Rule 41(a)(1)(B) of the Federal Rules of Civil Procedure, by and between the undersigned counsel for (a) Cross-Claim and Third-Party Plaintiff Senior Health Insurance Company of Pennsylvania, in Rehabilitation ("SHIP"), (b) Cross-claim Defendants Beechwood Re (in Official Liquidation), B Asset Manager LP, B Asset Manager II LP, Beechwood Re Holdings, Inc., Beechwood Bermuda Ltd., Beechwood Bermuda International Ltd., BAM Administrative Services, LLC, the Feuer Family Trust, and the Taylor-Lau Family Trust (the "Beechwood Cross-Claim Parties"), and (c) Third-Party Defendants Beechwood Capital Group, LLC, B Asset Manager GP LLC, B Asset Manager II GP LLC, MSD Administrative Services, LLC, N Management LLC, Beechwood Global Distribution Trust, the Feuer Family 2016 ACQ Trust, and the Taylor-Lau Family 2016 ACQ Trust (the "Beechwood Third-Party Defendants") that all claims asserted by SHIP against the Beechwood Cross-Claim Parties and all claims asserted by SHIP against the Beechwood Third-Party Defendants in this action are voluntarily dismissed with prejudice and without costs or attorneys' fees against any party. (Signed by Judge Jed S. Rakoff on 7/28/2020) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-12018-JSR (jwh) (Entered 07/28/2020)
07/28/2020 539 NOTICE of Notice of Withdrawal of Notice of Appearance. Document filed by PB Investment Holdings Ltd...(Gruen, Charles) (Entered 07/28/2020)
08/05/2020 540 PROPOSED STIPULATION AND ORDER. Document filed by Melanie L. Cyganowski, Platinum Partners Credit Opportunities Fund (BL) LLC, Platinum Partners Credit Opportunities Fund (TE) LLC, Platinum Partners Credit Opportunities Fund International (A) Ltd., Platinum Partners Credit Opportunities Fund International Ltd., Platinum Partners Credit Opportunities Fund LLC..(Cyganowski, Melanie) (Entered 08/05/2020)
08/05/2020 541 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) Senior Health Insurance Company of Pennsylvania and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Platinum Partners Credit Opportunities Fund (TE) LLC, Platinum Partners Credit Opportunities Fund International (A) Ltd., Melanie L. Cyganowski, Platinum Partners Credit Opportunities Fund (BL) LLC, Platinum Partners Credit Opportunities Fund LLC, Platinum Partners Credit Opportunities Fund International Ltd.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Cyganowski, Melanie) (Entered 08/05/2020)
05/20/2020 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Melanie Cyganowski to RE-FILE Document [541] Stipulation of Voluntary Dismissal. Use the event type proposed orders, proposed stipulation and order. (km) (Entered 08/05/2020)
08/05/2020 542 PROPOSED STIPULATION AND ORDER. Document filed by Melanie L. Cyganowski, Platinum Partners Credit Opportunities Fund (BL) LLC, Platinum Partners Credit Opportunities Fund (TE) LLC, Platinum Partners Credit Opportunities Fund International (A) Ltd., Platinum Partners Credit Opportunities Fund International Ltd., Platinum Partners Credit Opportunities Fund LLC..(Cyganowski, Melanie) (Entered 08/05/2020)
08/06/2020 543 JOINT STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE: Plaintiff Melanie L. Cyganowski, in her capacity as the court appointed receiver, by and for Platinum Partners Credit Opportunities Master Fund LP, Platinum Partners Credit Opportunities Fund (TE) LLC, Platinum Partners Credit Opportunities Fund LLC, Platinum Partners Credit Opportunities Fund International Ltd, Platinum Partners Credit Opportunities Fund International (A) Ltd and Platinum Partners Credit Opportunities Fund (BL) LLC, and defendants CNO Financial Group, Inc., Bankers Conseco Life Insurance Company, Washington National Insurance Company, 40186 Advisors, Inc. and BRE WNIC 2013 LTC Primary, BRE WNIC 2013 LTC Sub, BRE BCLIC Primary and BRE BCLIC Sub (the "Accounts"), represented here by Wilmington Trust, N.A. in its capacity as former custodian of the Accounts, by their respective undersigned attorneys, hereby jointly stipulate that the above-captioned action is dismissed with prejudice solely as to defendants CNO Financial Group, Inc., Bankers Conseco Life Insurance Company, Washington National Insurance Company, 40186 Advisors, Inc., and BRE WNIC 2013 LTC Primary, BRE WNIC 2013 LTC Sub, BRE BCLIC Primary and BRE BCLIC Sub, represented here by Wilmington Trust, N.A., in its capacity as former custodian of the Accounts, and that each party shall bear her or its own attorney's fees, costs and disbursements. (BRE BCLIC Sub, BRE WNIC 2013 LTC Primary, BRE WNIC 2013 LTC Sub, Bankers Conseco Life Insurance Company, CNO Financial Group, Inc., Washington National Insurance Company, 40/86 Advisors, Inc. and BRE BCLIC Primary terminated.) (Signed by Judge Jed S. Rakoff on 8/6/2020) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-12018-JSR (jwh) (Entered 08/06/2020)
08/06/2020 544 STIPULATION AND ORDER OF VOLUNTARY DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, pursuant to Rule 41(a)(1)(B) of the Federal Rules of Civil Procedure, by and between the undersigned counsel for plaintiff Melanie L. Cyganowski, as receiver for Platinum Partners Credit Opportunities Master Fund LP, Platinum Partners Credit Opportunities Fund (TE) LLC, Platinum Partners Credit Opportunities Fund LLC, Platinum Partners Credit Opportunities Fund International Ltd., Platinum Partners Credit Opportunities Fund International (A) Ltd., and Platinum Partners Credit Opportunities Fund (BL) LLC (the "Receiver"), and defendant Senior Health Insurance Company of Pennsylvania, in Rehabilitation ("SHIP"), that all claims asserted by the Receiver against SHIP in this action are voluntarily dismissed with prejudice and without costs or attorneys' fees against any party. (Senior Health Insurance Company of Pennsylvania terminated.) (Signed by Judge Jed S. Rakoff on 8/6/2020) Filed In Associated Cases: 1:18-cv-06658-JSR, 1:18-cv-12018-JSR (jwh) (Entered 08/06/2020)
08/06/2020 545 PROPOSED STIPULATION AND ORDER. Document filed by Melanie L. Cyganowski, Platinum Partners Credit Opportunities Fund (BL) LLC, Platinum Partners Credit Opportunities Fund (TE) LLC, Platinum Partners Credit Opportunities Fund International (A) Ltd., Platinum Partners Credit Opportunities Fund International Ltd., Platinum Partners Credit Opportunities Fund LLC..(Cyganowski, Melanie) (Entered 08/06/2020)