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Securities & Exchange Commission v. Platinum Management (NY) LLC,
et al.
Platinum Receivership
Court Docket
MEMORANDUM OPINION dated 11/20/17 re: that by Order dated November 11, 2017, I granted the Receivers application to approve the retention of Houlihan Lokey Capital, Inc. (Houlihan), nunc pro tunc to September 11, 2017(the Application), overruling the opposition to the Application filed by a large group of non-insider Platinum Partners Credit Opportunities (PPCO) investors (the Objecting Investors). This Memorandum Opinion sets forth the basis for that Order. ( Ordered by Judge Brian M. Cogan on 11/20/2017 ) (Guzzi, Roseann)
(Docket No. 285)
NOTICE by Receiver re [144] Letter, Regarding First Application Of Cooley LLP For Allowance Of Compensation And Reimbursement Of Expenses Incurred From December 19, 2016 Through March 31, 2017 (Cyganowski, Melanie)
(Docket No. 284)
MOTION for Attorney Fees /Financial Advisor First Interim Application of Goldin Associates, LLC For Allowance of Compensation and Reimbursement of Expenses Incurred During the Period July 6, 2017 Through September 30, 2017 by Goldin Associates, LLC. (Attachments: # (1) Exhibit A., # (2) Exhibit B., # (3) Exhibit C., # (4) Exhibit D., # (5) Exhibit E., # (6) Exhibit F., # (7) Proposed Order) (Cyganowski, Melanie)
(Docket No. 283)
MOTION for Attorney Fees /Joint First Interim Application of the Receiver and Otterbourg P.C. For Allowance of Compensation and Reimbursement of Expenses Incurred During the Period July 6, 2017 Through September 30, 2017 by Receiver, Otterbourg P.C.. (Attachments: # (1) Exhibit A-SFAR, # (2) Exhibit B-Summary of Hours, # (3) Exhibit C-Project Code Summary, # (4) Exhibit D-Receiver Time, # (5) Exhibit E-Otterbourg Time, # (6) Exhibit F-Summary of Expense, # (7) Exhibit G-Receiver Expenses, # (8) Exhibit H-Otterbourg Expenses, # (9) Exhibit I-Certification, # (10) Proposed Order) (Cyganowski, Melanie)
(Docket No. 282)
DECLARATION re [183] Letter,,,,,, /Declaration of Melanie L. Cyganowski, Adopting, in Part, Application of Bart M. Schwartz to Retain and Pay Certain Limited Scope Legal Professionals by Receiver (Attachments: # (1) Proposed Order) (Cyganowski, Melanie)
(Docket No. 281)
CASE MANAGEMENT ORDER. This Court's Individual Practice Rule requiring a premotion conference prior to the filing of any motion shall not apply to administrative motions (e.g., scheduling requests, motions for extensions of time, and retention applications). Ordered by Judge Brian M. Cogan on 11/11/2017. (Cogan, Brian) (Entered: 11/11/2017)
(Docket No. )
ORDER APPROVING THE RECEIVERS FEESAND THE RETENTION OF CONWAY MACKENZIE CAPITAL ADVISORS, LLCNUNC PRO TUNC TO OCTOBER 12, 2017. Ordered by Judge Brian M. Cogan on 11/11/2017. (Cogan, Brian)
(Docket No. 280)
ORDER granting 275 Motion to Appoint Expert. Opinion to follow. Ordered by Judge Brian M. Cogan on 11/11/2017. (Cogan, Brian) (Entered: 11/11/2017)
(Docket No. )
MOTION to Appoint Expert /Conway MacKenzie Capital Advisors, LLC. by Receiver. (Attachments: # (1) Declaration of Kenneth L. Latz, # (2) Exhibit A. to Declaration, # (3) Brief in Support of Motion, # (4) Proposed Order) (Cyganowski, Melanie)
(Docket No. 279)
Case no longer referred to Magistrate Judge Vera M. Scanlon. (Weisberg, Peggy) (Entered: 11/02/2017)
(Docket No. )
REPLY in Support re [275] MOTION to Appoint Expert /Application for Order Approving the Retention of Houlihan Lokey Capital, Inc. Nunc Pro Tunc to September 11, 2017 filed by Receiver. (Cyganowski, Melanie)
(Docket No. 278)
DECLARATION of Melanie L. Cyganowski / Opposition Brief by Receiver (Cyganowski, Melanie)
(Docket No. 277)
Set/Reset Hearing: Status Conference previously set for 10/26/2017 is reset to 12/1/2017 at 10:00 am in Courtroom 8D South. The parties are required to file a Proposed Joint Agenda 48 hours prior to the conference. (Weisberg, Peggy) (Entered: 10/20/2017)
(Docket No. )
SCHEDULING ORDER: A Status Conference will be held on 10/26/2017 at 11:15 AM in Courtroom 8D South. The parties are required to file a Proposed Joint Agenda 48 hours prior to the conference. Ordered by Judge Brian M. Cogan on 10/16/2017. (Weisberg, Peggy) (Entered: 10/16/2017)
(Docket No. )
ORDER REASSIGNING CASE. Case reassigned to Judge Brian M. Cogan for all further proceedings. Chief Judge Dora Lizette Irizarry no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Dora Lizette Irizarry on 10/16/2017. (Bowens, Priscilla) (Entered: 10/16/2017)
(Docket No. )
ORDER re [254] Notice(Other) filed by Receiver - No parties to this action oppose or have any other comment regarding the Receiver's Proposed Second Amended Order Appointing Receiver [254]. The Court has duly considered the lone commentary for clarification of certain language in the third sentence of paragraph 30 by a purported "large group of non-insider Platinum Partners Credit Opportunities Fund investors" ("PPCO"). [267] The Court also has considered the Receiver's response and concurs with the Receiver that PPCO's concerns are not well founded. However, as the Receiver has no objection to adding the following language: "(e.g., pay out on a life insurance policy or realization of a litigation outcome purchase)" after the phrase "settlement of a transaction" in the third sentence of paragraph 30, that paragraph has been amended accordingly, and the proposed Second Amended Order Appointing Receiver is approved in the form attached to this Electronic Order. SO ORDERED by Chief Judge Dora Lizette Irizarry on 10/16/2017. (Irizarry, Dora) (Entered: 10/16/2017)
(Docket No. 276)
MOTION to Appoint Expert /Application for Order Approving the Retention of Houlihan Lokey Capital, Inc. Nunc Pro Tunc to September 11, 2017 by Receiver. (Attachments: # (1) Notice of Motion, # (2) Proposed Order Ex. A, # (3) Declaration Ex. B) (Cyganowski, Melanie) (Entered: 10/16/2017)
(Docket No. 275)
NOTICE of Appearance by Dylan Alexander Stern on behalf of Daniel Small (aty to be noticed) (Stern, Dylan) (Entered: 10/12/2017)
(Docket No. 274)
ORDER re [238] Notice (Other) filed by Receiver, [110] Letter,, filed by Bart Schwartz --- The Attached Order Authorizes the Receiver to Retain and Pay Pricewaterhousecoopers LLP. SO ORDERED by Chief Judge Dora Lizette Irizarry on 10/11/2017. (Irizarry, Dora) (Entered: 10/11/2017)
(Docket No. 273)
ORDER re [239] Notice (Other) filed by Receiver, [206] Letter filed by Bart Schwartz -- The Attached Order Authorizes the Receiver to retain and pay Deloitte Tax LLP. SO ORDERED by Chief Judge Dora Lizette Irizarry on 10/11/2017. (Irizarry, Dora) (Entered: 10/11/2017)
(Docket No. 272)
ORDER granting [255] Motion for Leave to File -- The Attached Order Creating Protocols for Interested Parties to be Heard is SO ORDERED. Ordered by Chief Judge Dora Lizette Irizarry on 10/11/2017. (Irizarry, Dora) (Entered: 10/11/2017)
(Docket No. 271)
ORDER granting 212 Motion for Leave to File -- There being no opposition to the SEC's request to substitute an exhibit to Docket No. 211-1, the request is granted. So Ordered by Chief Judge Dora Lizette Irizarry on 10/6/2017. (Irizarry, Dora) (Entered: 10/06/2017)
(Docket No. )
ORDER denying 205 Motion for Leave to File -- This request was denied, along with other similar requests, by this Court via a standing order issued on June 30, 2017 denying the filing on the docket of motions by "interested parties," who were not named parties in the action. SO ORDERED by Chief Judge Dora Lizette Irizarry on 10/6/2017. (Irizarry, Dora) (Entered: 10/06/2017)
(Docket No. )
ORDER terminating 139 Motion for Leave to Electronically File Document under Seal ; terminating 140 Motion for Leave to Electronically File Document under Seal -- These motions were made by the original receiver and are terminated in light of the appointment of a new receiver who has been tasked by the Court to review this entire matter de novo. The termination is without prejudice to renew if Receiver Cyganowski believes such applications are appropriate for the Court to consider. SO ORDERED by Chief Judge Dora Lizette Irizarry on 10/6/2017. (Irizarry, Dora) (Entered: 10/06/2017)
(Docket No. )
NOTICE by Daniel Small of Withdrawal of David J. Lizmi (Levine, Seth) (Entered: 09/26/2017)
(Docket No. 270)
DECLARATION re [255] MOTION for Leave to File Motion for Order Adopting Protocol, Objections due 8/31/2017, [254] Notice(Other) Reply Declaration in Further Support of Protocols and Amendments to Receiver Order by Receiver (Cyganowski, Melanie) (Entered: 09/05/2017)
(Docket No. 269)
Letter regarding the Receiver's Proposed Orders (Dkt. Nos. 254 & 255) by Jeffrey Shulse (Mann, Michael) (Entered: 09/01/2017)
(Docket No. 268)
DECLARATION re [255] MOTION for Leave to File Motion for Order Adopting Protocol, Objections due 8/31/2017, [254] Notice(Other) by Receiver (Attachments: # (1) Exhibit 1) (Cyganowski, Melanie) (Entered: 09/01/2017)
(Docket No. 267)
Letter
re Receiver's Applications, Dkt. Nos. 254 , 255
by Mark Nordlicht, Platinum Management (NY) LLC (Burck, William) (Entered: 08/31/2017)
(Docket No. 266)
Letter re: Receiver's Motion for an Order Approving the Proposed Protocols by Joseph Mann (Fischer, Benjamin) (Entered: 08/31/2017)
(Docket No. 265)
Letter re: the Proposed Second Amended Order Appointing Receiver by Joseph Mann (Fischer, Benjamin) (Entered: 08/31/2017)
(Docket No. 264)
Letter to Judge Irizarry dtd: 8-31-2017 re: Receivers Proposed Second Amended Order and Proposed Order Adopting Protocols by Uri Landesman (Breslin, Eric) (Entered: 08/31/2017)
(Docket No. 263)
STIPULATION AND ORDER Regarding Settlement Between Receiver And Heartland Bank. The Court notes that none of the parties named in this case have objected to this proposed Order after having been provided time to do so. (See attached Order for details). Ordered by Chief Judge Dora Lizette Irizarry on 8/30/2017. Returned to chambers. (Layne, Monique) (Entered: 08/31/2017)
(Docket No. 262)
Letter regarding the Receiver's Proposed Orders (Dkt. Nos. 254 & 255) by David Levy (Sommer, Michael) (Entered: 08/31/2017)
(Docket No. 261)
Letter Regarding Receiver Applications by United States Securities and Exchange Commission (Jacobson, Neal) (Entered: 08/31/2017)
(Docket No. 260)
Letter Regarding the Receiver's Proposed Orders (Dkt. Nos. 254 & 255) by Daniel Small (Levine, Seth) (Entered: 08/31/2017)
(Docket No. 259)
Letter re the Proposed Second Amended Order Appointing Receiver by Joseph Sanfilippo (O'Brien, Kevin)
(Docket No. 258)
Letter re Receiver's application for an order approving the proposed protocols by Joseph Sanfilippo (O'Brien, Kevin) (Entered: 08/31/2017)
(Docket No. 257)
DECLARATION re [242] MOTION for Settlement Approving Stipulation and Proposed Order Settlement Between the Receiver and Hartland Bank by Receiver (Cyganowski, Melanie) (Entered: 08/24/2017)
(Docket No. 256)
MOTION for Leave to File Motion for Order Adopting Protocol, Objections due 8/31/2017 by Receiver. (Attachments: # (1) Declaration, # (2) Exhibit) (Cyganowski, Melanie) (Entered: 08/24/2017)
(Docket No. 255)
NOTICE by Receiver of Proposed Second Amended Order Appointing Receiver, Objections Due 8/31/2017 (Attachments: # (1) Receiver Declaration, # (2) Exhibit 1, # (3) Exhibit 2) (Cyganowski, Melanie) (Entered: 08/24/2017)
(Docket No. 254)
DECLARATION re [242] MOTION for Settlement Approving Stipulation and Proposed Order Settlement Between the Receiver and Hartland Bank by Receiver (Attachments: # (1) Exhibit 1) (Cyganowski, Melanie) (Entered: 08/23/2017)
(Docket No. 253)
Letter
re: Receiver's Application For Court Approval of Heartland Bank Settlement [Dkt. Nos. 242-244]
by Jeffrey Shulse (Mann, Michael) (Entered: 08/23/2017)
(Docket No. 252)
Letter
re Receiver's Application, Dkt. Nos. 242-244
by Joseph Sanfilippo (O'Brien, Kevin) (Entered: 08/23/2017)
(Docket No. 251)