Docket Entries Since Last Update
NOTE: This court's RSS feed does not list MOTION entries, so Bloomberg Law cannot detect them and thus they will not be listed here. However, motions will be included if you update the docket.
Court Dockets
U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:20-cv-06539-JMF
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:20-cv-06539-JMF
In re Citibank August 11, 2020 Wire Transfers
DOCKET INFORMATION
Minimize
Expand All
| Plaintiff |
Citibank, N.A.
Plaintiff
|
| |
| Representation | |||
| Alina Artunian Mayer Brown LLP 1221 Avenue of the Americas New York, NY 10020 (212) 506-2179 aartunian@mayerbrown.com ATTORNEY TO BE NOTICED | Allison Joan Zolot Mayer Brown LLP (NY) 1221 Avenue of the Americas, 14th Floor New York, NY 10020-1001 (212) 506-2149 Fax: (212) 849-5949 azolot@mayerbrown.com ATTORNEY TO BE NOTICED | Andrew Hunter Reynard The Law Offices of John F. Baughman, PLLC 299 Broadway Suite 203 New York, NY 10007 (303) 870-3456 areynard@jfblegal.com ATTORNEY TO BE NOTICED | |
| Anjanique Maria Watt Mayer Brown LLP 1221 Avenue of the Americas New York, NY 10020 (212) 506-2398 awatt@mayerbrown.com ATTORNEY TO BE NOTICED | Christopher James Houpt Mayer Brown LLP (NY) 1221 Avenue of the Americas, 14th Floor New York, NY 10020-1001 (212) 506-2380 Fax: (212) 849-5830 choupt@mayerbrown.com ATTORNEY TO BE NOTICED | Hannah Cherokee Banks Mayer Brown LLP (NY) 1221 Avenue of the Americas, 14th Floor New York, NY 10020-1001 (212) 506-2500 Fax: (212) 262-1910 hbanks@mayerbrown.com ATTORNEY TO BE NOTICED | |
| John Frederick Baughman The Law Offices of John F. Baughman 299 Broadway Ste 203 New York City, NY 10007 (347) 241-6347 jbaughman@jfblegal.com ATTORNEY TO BE NOTICED | Luc W. M. Mitchell Mayer Brown LLP 1221 Avenue of the Americas New York, NY 10020 (212) 506-2500 lmitchell@mayerbrown.com ATTORNEY TO BE NOTICED | Michael Evan Rayfield Mayer Brown LLP (NY) 1221 Avenue of the Americas, 14th Floor New York, NY 10020-1001 (212) 506-2560 Fax: (212) 849-5589 mrayfield@mayerbrown.com ATTORNEY TO BE NOTICED | |
| Nathaniel Ethan Marmon The Law Offices of John F. Baughman, PLLC 299 Broadway, Suite 203 10007 New York, NY 10004 (917) 968-2772 nmarmon@jfblegal.com The Law Offices of John F. Baughman ATTORNEY TO BE NOTICED | Neal Kumar Katyal Hogan Lovells US LLP (DC) 555 Thirteenth Street, N.W. Washington, DC 20004 (202) 637-5528 Fax: (202) 637-5910 neal.katyal@hoganlovells.com ATTORNEY TO BE NOTICED | Nicole A. Saharsky Mayer Brown LLP 1999 K Street NW Washington, DC 20006 (202) 263-3052 nsaharsky@mayerbrown.com ATTORNEY TO BE NOTICED | |
| Richard A. Spehr Mayer Brown LLP (NY) 1221 Avenue of the Americas, 14th Floor New York, NY 10020-1001 (212) 506-2500 Fax: (212) 262-1910 rspehr@mayerbrown.com ATTORNEY TO BE NOTICED | Matthew D. Ingber Mayer Brown LLP 1221 Avenue of the Americas New York, NY 10020 (212) 506-2373 mingber@mayerbrown.com ATTORNEY TO BE NOTICED | ||
| Defendant |
Brigade Capital Management, LP
Defendant
|
| |
| Representation | |||
| Michael Barry Carlinsky Quinn Emanuel 51 Madison Avenue, 22nd Floor New York, NY 10010 (212) 849-7000 Fax: (212) 849-7100 michaelcarlinsky@quinnemanuel.com LEAD ATTORNEY ATTORNEY TO BE NOTICED | Robert Scott Loigman Quinn Emanuel 51 Madison Avenue, 22nd Floor New York, NY 10010 (212) 849-7444 Fax: (212) 849-7100 robertloigman@quinnemanuel.com LEAD ATTORNEY ATTORNEY TO BE NOTICED | Adam Michael Abensohn Quinn Emanuel Urquhart & Sullivan LLP 51 Madison Avenue 22nd Floor New York, NY 10010 (212) 849-7229 Fax: (212) 849-7100 adamabensohn@quinnemanuel.com ATTORNEY TO BE NOTICED | |
| Alexandre J. Tschumi Quinn Emanuel Urquhart & Sullivan, LLP 51 Madison Avenue, 22nd Floor New York, NY 10010 (212) 849-7000 alexandretschumi@quinnemanuel.com ATTORNEY TO BE NOTICED | Anil Makhijani Quinn Emanuel Urquhart & Sullivan LLP 51 Madison Avenue 22nd Floor New York, NY 10010 (212) 849-7543 Fax: (212) 849-7100 anilmakhijani@quinnemanuel.com ATTORNEY TO BE NOTICED | Benjamin Isidore Finestone Quinn Emanuel Urquhart & Sullivan (NYC) 51 Madison Avenue New York, NY 10010 (212) 849-7000 Fax: (212) 849-7100 benjaminfinestone@quinnemanuel.com ATTORNEY TO BE NOTICED | |
| Bennett Murphy Quinn, Emanuel, Urquhart & Sullivan, LLP 865 S Figueroa St., 10th Floor Los Angeles, CA 90017 (213) 443-3000 bennettmurphy@quinnemanuel.com ATTORNEY TO BE NOTICED | Brendan Thomas Carroll Quinn Emanuel Urquhart & Sullivan (NYC) 51 Madison Avenue New York, NY 10010 (212) 849-7129 brendancarroll@quinnemanuel.com ATTORNEY TO BE NOTICED | Judd Robert Spray Law Office of Judd R. Spray 450 Seventh Ave., 33rd Fl. New York, NY 10023 (347) 409-0211 Fax: (212) 244-4615 juddspray@juddspraylaw.com ATTORNEY TO BE NOTICED | |
| Mario O. Gazzola Quinn Emanuel Urquhart & Sullivan, LLP 51 Madison Avenue, 22nd Floor New York, NY 10010 (212) 849-7000 mariogazzola@quinnemanuel.com ATTORNEY TO BE NOTICED | Sophia Qasir Quinn Emanuel Urquhart & Sullivan (NYC) 51 Madison Avenue New York, NY 10010 (212) 849-7646 Fax: (212) 849-7100 sophiaqasir@quinnemanuel.com ATTORNEY TO BE NOTICED | Zachary Ryan Russell Quinn Emanuel Urquhart & Sullivan (NYC) 51 Madison Avenue New York, NY 10010 (212) 849-7531 zacharyrussell@quinnemanuel.com ATTORNEY TO BE NOTICED | |
| Defendant |
HPS Investment Partners, LLC
Defendant
|
| |
| Representation | |||
| Adam Michael Abensohn (See above for address) ATTORNEY TO BE NOTICED | Alexandre J. Tschumi (See above for address) ATTORNEY TO BE NOTICED | Anil Makhijani (See above for address) ATTORNEY TO BE NOTICED | |
| Benjamin Isidore Finestone (See above for address) ATTORNEY TO BE NOTICED | Bennett Murphy (See above for address) ATTORNEY TO BE NOTICED | Brendan Thomas Carroll (See above for address) ATTORNEY TO BE NOTICED | |
| Judd Robert Spray (See above for address) ATTORNEY TO BE NOTICED | Mario O. Gazzola (See above for address) ATTORNEY TO BE NOTICED | Michael Barry Carlinsky (See above for address) ATTORNEY TO BE NOTICED | |
| Robert Scott Loigman (See above for address) ATTORNEY TO BE NOTICED | Sophia Qasir (See above for address) ATTORNEY TO BE NOTICED | Zachary Ryan Russell (See above for address) ATTORNEY TO BE NOTICED | |
| Defendant |
Symphony Asset Management LLC
Defendant
|
| |
| Representation | |||
| Adam Michael Abensohn (See above for address) ATTORNEY TO BE NOTICED | Alexandre J. Tschumi (See above for address) ATTORNEY TO BE NOTICED | Anil Makhijani (See above for address) ATTORNEY TO BE NOTICED | |
| Benjamin Isidore Finestone (See above for address) ATTORNEY TO BE NOTICED | Bennett Murphy (See above for address) ATTORNEY TO BE NOTICED | Brendan Thomas Carroll (See above for address) ATTORNEY TO BE NOTICED | |
| Judd Robert Spray (See above for address) ATTORNEY TO BE NOTICED | Mario O. Gazzola (See above for address) ATTORNEY TO BE NOTICED | Michael Barry Carlinsky (See above for address) ATTORNEY TO BE NOTICED | |
| Robert Scott Loigman (See above for address) ATTORNEY TO BE NOTICED | Sophia Qasir (See above for address) ATTORNEY TO BE NOTICED | Zachary Ryan Russell (See above for address) ATTORNEY TO BE NOTICED | |
| Defendant |
Bardin Hill Loan Management LLC
Defendant
|
| |
| Representation | |||
| Adam Michael Abensohn (See above for address) ATTORNEY TO BE NOTICED | Alexandre J. Tschumi (See above for address) ATTORNEY TO BE NOTICED | Anil Makhijani (See above for address) ATTORNEY TO BE NOTICED | |
| Benjamin Isidore Finestone (See above for address) ATTORNEY TO BE NOTICED | Bennett Murphy (See above for address) ATTORNEY TO BE NOTICED | Brendan Thomas Carroll (See above for address) ATTORNEY TO BE NOTICED | |
| Judd Robert Spray (See above for address) ATTORNEY TO BE NOTICED | Mario O. Gazzola (See above for address) ATTORNEY TO BE NOTICED | Michael Barry Carlinsky (See above for address) ATTORNEY TO BE NOTICED | |
| Robert Scott Loigman (See above for address) ATTORNEY TO BE NOTICED | Sophia Qasir (See above for address) ATTORNEY TO BE NOTICED | Zachary Ryan Russell (See above for address) ATTORNEY TO BE NOTICED | |
| Defendant |
Investcorp Credit Management US LLC TERMINATED: 10/14/2020Defendant
|
| |
| Representation | |||
| Adam Michael Abensohn (See above for address) ATTORNEY TO BE NOTICED | Alexandre J. Tschumi (See above for address) ATTORNEY TO BE NOTICED | Anil Makhijani (See above for address) ATTORNEY TO BE NOTICED | |
| Benjamin Isidore Finestone (See above for address) ATTORNEY TO BE NOTICED | Bennett Murphy (See above for address) ATTORNEY TO BE NOTICED | Judd Robert Spray (See above for address) ATTORNEY TO BE NOTICED | |
| Mario O. Gazzola (See above for address) ATTORNEY TO BE NOTICED | Michael Barry Carlinsky (See above for address) ATTORNEY TO BE NOTICED | Robert Scott Loigman (See above for address) ATTORNEY TO BE NOTICED | |
| Sophia Qasir (See above for address) ATTORNEY TO BE NOTICED | Zachary Ryan Russell (See above for address) ATTORNEY TO BE NOTICED | ||
| Defendant |
Greywolf Loan Management LP
Defendant
|
| |
| Representation | |||
| Adam Michael Abensohn (See above for address) ATTORNEY TO BE NOTICED | Alexandre J. Tschumi (See above for address) ATTORNEY TO BE NOTICED | Anil Makhijani (See above for address) ATTORNEY TO BE NOTICED | |
| Benjamin Isidore Finestone (See above for address) ATTORNEY TO BE NOTICED | Bennett Murphy (See above for address) ATTORNEY TO BE NOTICED | Brendan Thomas Carroll (See above for address) ATTORNEY TO BE NOTICED | |
| Judd Robert Spray (See above for address) ATTORNEY TO BE NOTICED | Mario O. Gazzola (See above for address) ATTORNEY TO BE NOTICED | Michael Barry Carlinsky (See above for address) ATTORNEY TO BE NOTICED | |
| Robert Scott Loigman (See above for address) ATTORNEY TO BE NOTICED | Sophia Qasir (See above for address) ATTORNEY TO BE NOTICED | Zachary Ryan Russell (See above for address) ATTORNEY TO BE NOTICED | |
| Defendant |
ZAIS Group LLC
Defendant
|
| |
| Representation | |||
| Adam Michael Abensohn (See above for address) ATTORNEY TO BE NOTICED | Alexandre J. Tschumi (See above for address) ATTORNEY TO BE NOTICED | Anil Makhijani (See above for address) ATTORNEY TO BE NOTICED | |
| Benjamin Isidore Finestone (See above for address) ATTORNEY TO BE NOTICED | Bennett Murphy (See above for address) ATTORNEY TO BE NOTICED | Brendan Thomas Carroll (See above for address) ATTORNEY TO BE NOTICED | |
| Judd Robert Spray (See above for address) ATTORNEY TO BE NOTICED | Mario O. Gazzola (See above for address) ATTORNEY TO BE NOTICED | Michael Barry Carlinsky (See above for address) ATTORNEY TO BE NOTICED | |
| Robert Scott Loigman (See above for address) ATTORNEY TO BE NOTICED | Sophia Qasir (See above for address) ATTORNEY TO BE NOTICED | Zachary Ryan Russell (See above for address) ATTORNEY TO BE NOTICED | |
| Defendant |
Allstate Investment Management Company
Defendant
|
| |
| Representation | |||
| Adam Michael Abensohn (See above for address) ATTORNEY TO BE NOTICED | Alexandre J. Tschumi (See above for address) ATTORNEY TO BE NOTICED | Anil Makhijani (See above for address) ATTORNEY TO BE NOTICED | |
| Benjamin Isidore Finestone (See above for address) ATTORNEY TO BE NOTICED | Bennett Murphy (See above for address) ATTORNEY TO BE NOTICED | Brendan Thomas Carroll (See above for address) ATTORNEY TO BE NOTICED | |
| Judd Robert Spray (See above for address) ATTORNEY TO BE NOTICED | Mario O. Gazzola (See above for address) ATTORNEY TO BE NOTICED | Michael Barry Carlinsky (See above for address) ATTORNEY TO BE NOTICED | |
| Robert Scott Loigman (See above for address) ATTORNEY TO BE NOTICED | Sophia Qasir (See above for address) ATTORNEY TO BE NOTICED | Zachary Ryan Russell (See above for address) ATTORNEY TO BE NOTICED | |
| Defendant |
Medalist Partners Corporate Finance LLC
Defendant
|
| |
| Representation | |||
| Adam Michael Abensohn (See above for address) ATTORNEY TO BE NOTICED | Alexandre J. Tschumi (See above for address) ATTORNEY TO BE NOTICED | Anil Makhijani (See above for address) ATTORNEY TO BE NOTICED | |
| Benjamin Isidore Finestone (See above for address) ATTORNEY TO BE NOTICED | Bennett Murphy (See above for address) ATTORNEY TO BE NOTICED | Brendan Thomas Carroll (See above for address) ATTORNEY TO BE NOTICED | |
| Judd Robert Spray (See above for address) ATTORNEY TO BE NOTICED | Mario O. Gazzola (See above for address) ATTORNEY TO BE NOTICED | Michael Barry Carlinsky (See above for address) ATTORNEY TO BE NOTICED | |
| Robert Scott Loigman (See above for address) ATTORNEY TO BE NOTICED | Sophia Qasir (See above for address) ATTORNEY TO BE NOTICED | Zachary Ryan Russell (See above for address) ATTORNEY TO BE NOTICED | |
| Defendant |
Tall Tree Investment Management LLC
Defendant
|
| |
| Representation | |||
| Adam Michael Abensohn (See above for address) ATTORNEY TO BE NOTICED | Alexandre J. Tschumi (See above for address) ATTORNEY TO BE NOTICED | Anil Makhijani (See above for address) ATTORNEY TO BE NOTICED | |
| Benjamin Isidore Finestone (See above for address) ATTORNEY TO BE NOTICED | Bennett Murphy (See above for address) ATTORNEY TO BE NOTICED | Brendan Thomas Carroll (See above for address) ATTORNEY TO BE NOTICED | |
| Judd Robert Spray (See above for address) ATTORNEY TO BE NOTICED | Mario O. Gazzola (See above for address) ATTORNEY TO BE NOTICED | Michael Barry Carlinsky (See above for address) ATTORNEY TO BE NOTICED | |
| Robert Scott Loigman (See above for address) ATTORNEY TO BE NOTICED | Sophia Qasir (See above for address) ATTORNEY TO BE NOTICED | Zachary Ryan Russell (See above for address) ATTORNEY TO BE NOTICED | |
| Defendant |
New Generation Advisors LLC
Defendant
|
| |
| Representation | |||
| Adam Michael Abensohn (See above for address) ATTORNEY TO BE NOTICED | Alexandre J. Tschumi (See above for address) ATTORNEY TO BE NOTICED | Anil Makhijani (See above for address) ATTORNEY TO BE NOTICED | |
| Benjamin Isidore Finestone (See above for address) ATTORNEY TO BE NOTICED | Bennett Murphy (See above for address) ATTORNEY TO BE NOTICED | Brendan Thomas Carroll (See above for address) ATTORNEY TO BE NOTICED | |
| Judd Robert Spray (See above for address) ATTORNEY TO BE NOTICED | Mario O. Gazzola (See above for address) ATTORNEY TO BE NOTICED | Michael Barry Carlinsky (See above for address) ATTORNEY TO BE NOTICED | |
| Robert Scott Loigman (See above for address) ATTORNEY TO BE NOTICED | Sophia Qasir (See above for address) ATTORNEY TO BE NOTICED | Zachary Ryan Russell (See above for address) ATTORNEY TO BE NOTICED | |
| Defendant |
Highland Capital Management Fund Advisors LP TERMINATED: 08/27/2020Defendant
|
| |
| Representation | |||
| Adam Michael Abensohn (See above for address) ATTORNEY TO BE NOTICED | |||
| Interested Party |
Revlon, Inc.
Interested Party
| |
| Interested Party |
Revlon Consumer Products Corporation
Interested Party
| |
| Amicus |
Loan Syndications and Trading Association Ronald J Mann435 West 116th Street NY, NY 10027 2128541570 Amicus
|
| |
| Representation | |||
| Ronald J Mann Ronald J. Mann 435 West 116th St, Box D-11 New York, NY 10027 (212) 854-1570 rmann@law.columbia.edu C/O Columbia Law School, LEAD ATTORNEY ATTORNEY TO BE NOTICED | |||
| Amicus |
The Clearing House Association LLC
Amicus
|
| |
| Representation | |||
| Theodore R. Snyder Murphy & McGonigle, P.C. 1185 Avenue of the Americas, 21st Floor New York, NY 10036 (212) 880-3976 Fax: (212) 880-3998 Theodore.Snyder@mmlawus.com LEAD ATTORNEY ATTORNEY TO BE NOTICED | Cameron S. Matheson Murphy & McGonigle, PC 4870 Sadler Road, Suite 301 Glen Allen, VA 23060 (804) 762-5332 Fax: (804) 762-5361 cmatheson@mmlawus.com ATTORNEY TO BE NOTICED | ||
| Amicus |
The Clearing House Payments Company LLC
Amicus
|
| |
| Representation | |||
| Theodore R. Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED | Cameron S. Matheson (See above for address) ATTORNEY TO BE NOTICED | ||
| Amicus |
The Bank Policy Institute
Amicus
|
| |
| Representation | |||
| Theodore R. Snyder (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED | Cameron S. Matheson (See above for address) ATTORNEY TO BE NOTICED | ||
Numbers shown are court assigned numbers.
| Entry | Filed | Description | |
|---|---|---|---|
| 1 | Aug 17, 2020 | View | COMPLAINT against Brigade Capital Management, LP. (Filing Fee $ 400.00, Receipt Number ANYSDC-21186816)Document filed by Citibank, N.A.. (Attachments: # 1 Exhibit A).(Ingber, Matthew) (Entered: 08/17/2020) |
| 2 | Aug 17, 2020 | View | CIVIL COVER SHEET filed..(Ingber, Matthew) (Entered: 08/17/2020) |
| 3 | Aug 17, 2020 | View | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Citicorp LLC and Citigroup Inc. for Citibank, N.A.. Document filed by Citibank, N.A...(Ingber, Matthew) (Entered: 08/17/2020) |
| 4 | Aug 17, 2020 | View | REQUEST FOR ISSUANCE OF SUMMONS as to Brigade Capital Management, LP, re: 1 Complaint. Document filed by Citibank, N.A...(Ingber, Matthew) (Entered: 08/17/2020) |
| 5 | Aug 17, 2020 | View | EMERGENCY MOTION for Temporary Restraining Order . Document filed by Citibank, N.A...(Ingber, Matthew) (Entered: 08/17/2020) |
| 6 | Aug 17, 2020 | View | DECLARATION of Matthew D. Ingber in Support re: 5 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Citibank, N.A...(Ingber, Matthew) (Entered: 08/17/2020) |
| Aug 17, 2020 | ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Matthew D. Ingber. The following case opening statistical information was erroneously selected/entered: Dollar Demand $175,000,000,000; County code New York;. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $9,999,000; the County code has been modified to XX Out of State;. (jgo) (Entered: 08/17/2020) | ||
| 7 | Aug 17, 2020 | View | DECLARATION of Mitali Sohoni in Support re: 5 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Citibank, N.A...(Ingber, Matthew) (Entered: 08/17/2020) |
| 8 | Aug 17, 2020 | View | DECLARATION of Brendan Zeigon in Support re: 5 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by Citibank, N.A.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E).(Ingber, Matthew) (Entered: 08/17/2020) |
| 9 | Aug 17, 2020 | View | MEMORANDUM OF LAW in Support re: 5 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by Citibank, N.A...(Ingber, Matthew) (Entered: 08/17/2020) |
| 10 | Aug 17, 2020 | Request | NOTICE OF APPEARANCE by Christopher James Houpt on behalf of Citibank, N.A...(Houpt, Christopher) (Entered: 08/17/2020) |
| 11 | Aug 17, 2020 | Request | NOTICE OF APPEARANCE by Michael Evan Rayfield on behalf of Citibank, N.A...(Rayfield, Michael) (Entered: 08/17/2020) |
| 12 | Aug 17, 2020 | Request | NOTICE OF APPEARANCE by Anjanique Maria Watt on behalf of Citibank, N.A...(Watt, Anjanique) (Entered: 08/17/2020) |
| 13 | Aug 17, 2020 | Request | NOTICE OF APPEARANCE by Luc W. M. Mitchell on behalf of Citibank, N.A...(Mitchell, Luc) (Entered: 08/17/2020) |
| Aug 17, 2020 | CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) (Entered: 08/17/2020) | ||
| Aug 17, 2020 | Case Designated ECF. (jgo) (Entered: 08/17/2020) | ||
| 14 | Aug 17, 2020 | View | ELECTRONIC SUMMONS ISSUED as to Brigade Capital Management, LP..(jgo) (Entered: 08/17/2020) |
| 15 | Aug 17, 2020 | Request | NOTICE OF APPEARANCE by Adam Michael Abensohn on behalf of Brigade Capital Management, LP..(Abensohn, Adam) (Entered: 08/17/2020) |
| 16 | Aug 17, 2020 | Request | NOTICE OF APPEARANCE by Benjamin Isidore Finestone on behalf of Brigade Capital Management, LP..(Finestone, Benjamin) (Entered: 08/17/2020) |
| 17 | Aug 17, 2020 | Request | NOTICE OF APPEARANCE by Bennett Murphy on behalf of Brigade Capital Management, LP..(Murphy, Bennett) (Entered: 08/17/2020) |
| 18 | Aug 17, 2020 | Request | NOTICE OF APPEARANCE by Michael Barry Carlinsky on behalf of Brigade Capital Management, LP..(Carlinsky, Michael) (Entered: 08/17/2020) |
| 19 | Aug 17, 2020 | Request | NOTICE OF APPEARANCE by Robert Scott Loigman on behalf of Brigade Capital Management, LP..(Loigman, Robert) (Entered: 08/17/2020) |
| 20 | Aug 17, 2020 | View | NOTICE OF APPEARANCE by Zachary Ryan Russell on behalf of Brigade Capital Management, LP..(Russell, Zachary) (Entered: 08/17/2020) |
| 21 | Aug 17, 2020 | Request | ORDER with respect to 5 Emergency Motion for TRO: The parties shall appear for a teleconference with the Court TOMORROW, August 18, 2020, at 9:00 a.m. The Court will email call-in information to those counsel who intend to speak. All others - counsel who will not have speaking roles and members of the public - may listen to the conference by calling the Court's dedicated conference call line at (888) 363-4749 and using access code 542-1540 followed by the pound (#) key. The parties are reminded to follow the procedures for teleconferences described in the Court's Emergency Individual Rules and Practices in Light of COVID-19, which are available at https://nysd.uscourts.gov/hon-jesse-m-furman. No later than 8 a.m. tomorrow morning, counsel shall provide advance notice of who will participate in the conference and the telephone numbers they will use to participate. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 08/17/2020) |
| 22 | Aug 18, 2020 | View | LETTER addressed to Judge Jesse M. Furman from Robert S. Loigman dated August 18, 2020 re: Response to Proposed Temporary Restraining Order. Document filed by Brigade Capital Management, LP..(Loigman, Robert) (Entered: 08/18/2020) |
| 23 | Aug 18, 2020 | View | LETTER addressed to Judge Jesse M. Furman from Christopher J. Houpt dated August 18, 2020 re: In Response to Questions and Arguments Raised at this Morning's Hearing. Document filed by Citibank, N.A...(Houpt, Christopher) (Entered: 08/18/2020) |
| Aug 18, 2020 | Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) (Entered: 08/18/2020) | ||
| 24 | Aug 18, 2020 | View | LETTER addressed to Judge Jesse M. Furman from Robert S. Loigman dated August 18, 2020 re: Reply to Plaintiff's August 18, 2020 Letter. Document filed by Brigade Capital Management, LP..(Loigman, Robert) (Entered: 08/18/2020) |
| 25 | Aug 18, 2020 | View | ORDER TO SHOW CAUSE FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION AGAINST BRIGADE: IT IS HEREBY ORDERED that Citibank's Application is GRANTED in its entirety. It is hereby further ORDERED that Defendant must appear before The Honorable Jesse M. Furman, District Judge, United States District Court for the Southern District of New York, on August 31, 2020, at 10 a.m... The Court will hold a telephone conference tomorrow, August 19, 2020, at 10:00 a.m. to discuss next steps, including a briefing schedule on the request for a preliminary injunction; whether discovery is needed; whether a hearing is likely; in the event a hearing needs to be held, whether it can or should be conducted remotely; and whether the Court should consolidate trial on the merits. The conference can be accessed using the same call-in information as this morning; that is, members of the public should use the information set forth in the Court's order of last night, while counsel should use the information provided to them by email. (Signed by Judge Jesse M. Furman on 8/18/2020) (ab) (Entered: 08/18/2020) |
| Aug 18, 2020 | ***DELETED DOCUMENT. Deleted document number 26 ELECTRONIC SUMMONS ISSUED. The document was incorrectly filed in this case. (dnh) (Entered: 08/18/2020) | ||
| Aug 18, 2020 | Minute Entry for proceedings held before Judge Jesse M. Furman: Show Cause Hearing re TRO held via teleconference on 8/18/2020. Matthew Ingber and Christopher J. Houpt present for Plaintiff. Robert Loigman and Benjamin Finestone present for Defendant. Court reporter present. (ab) (Entered: 09/24/2020) | ||
| 26 | Aug 19, 2020 | View | EMERGENCY LETTER addressed to Judge Jesse M. Furman from John F. Baughman dated 08/19/2020 re: Related matter 1:20-cv-06617 Citibank, N.A. v. HPS Investment Partners, LLC et al. Document filed by Citibank, N.A...(Marmon, Nathaniel) (Entered: 08/19/2020) |
| 27 | Aug 19, 2020 | View | MEMO ENDORSEMENT re: (12 in 1:20-cv-06617-JMF) Letter filed by Citibank, N.A., (26 in 1:20-cv-06539-JMF) Letter filed by Citibank, N.A. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to docket this letter in both cases reference below. (Signed by Judge Jesse M. Furman on 8/19/2020) (nb) (Entered: 08/19/2020) |
| 28 | Aug 19, 2020 | View | ORDER: Earlier today, at a conference conducted before the Court, the parties indicated on the record their agreement that these cases should be consolidated. In light of that, and because the actions involve common questions of law and fact, it is hereby ORDERED that, pursuant to Rule 42(a) (2) of the Federal Rules of Civil Procedure, the two cases are consolidated under the case number 20-CV-6539 (JMF). All future filings should be in 20-CV-6539 (JMF) alone. The parties are hereby ORDERED to meet and confer regarding the scope and time frame of discovery and pretrial deadlines and shall submit an agreed upon proposed order and joint letter to the Court discussing the same no later than August 24, 2020. If the parties do not reach agreement, they parties shall submit competing proposed orders and letters concerning any remaining disagreements by the same date. In addition, as stated on the record at this mornings conference, unless and until the Court orders otherwise, the hearing on any motion for a preliminary injunction is hereby consolidated with the trial on the merits pursuant to Fed. R. Civ. P. 65(a)(2), and is scheduled for September 30, 2020, and (if necessary) October 1, 2020. Accordingly, the proceedings currently scheduled for August 31, 2020 are hereby CANCELLED. The parties should be sure to address the following issues (among others) in their pre-trial submissions as further set forth herein. Further, as indicated on the record at today's conference, the temporary restraining order issued in 20-CV-6539 on August 18, 2020, ECF No. 25, is hereby EXTENDED through the date of trial, on consent as of Defendant Brigade and on a finding of good cause for the reasons stated on the record. The Clerk of Court is directed to consolidate 20-CV-6539 (JMF) and 20-CV-6617 (JMF) under case number 20-CV-6539 (JMF), and to close 20-CV-6617 (JMF). SO ORDERED. (Signed by Judge Jesse M. Furman on 8/19/2020) Filed In Associated Cases: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF (ks) (Entered: 08/19/2020) |
| Aug 19, 2020 | Minute Entry for proceedings held before Judge Jesse M. Furman: Show Cause Hearing re TRO held via teleconference on 8/19/2020. Matthew Ingber, Christopher J. Houpt, and Jonathan F. Baughman present for Plaintiff. Benjamin Finestone present for Defendant. Court reporter present. Associated Cases: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF (ab) (Entered: 09/24/2020) | ||
| 29 | Aug 21, 2020 | Request | NOTICE OF APPEARANCE by Anil Makhijani on behalf of Brigade Capital Management, LP..(Makhijani, Anil) (Entered: 08/21/2020) |
| 30 | Aug 21, 2020 | Request | NOTICE OF APPEARANCE by John Frederick Baughman on behalf of Citibank, N.A...(Baughman, John) (Entered: 08/21/2020) |
| 31 | Aug 21, 2020 | Request | NOTICE OF APPEARANCE by Nathaniel Ethan Marmon on behalf of Citibank, N.A...(Marmon, Nathaniel) (Entered: 08/21/2020) |
| 32 | Aug 21, 2020 | Request | NOTICE OF APPEARANCE by Michael Barry Carlinsky on behalf of HPS Investment Partners, LLC, Symphony Asset Management LLC..(Carlinsky, Michael) (Entered: 08/21/2020) |
| 33 | Aug 21, 2020 | Request | NOTICE OF APPEARANCE by Adam Michael Abensohn on behalf of HPS Investment Partners, LLC, Symphony Asset Management LLC..(Abensohn, Adam) (Entered: 08/21/2020) |
| 34 | Aug 21, 2020 | Request | NOTICE OF APPEARANCE by Benjamin Isidore Finestone on behalf of HPS Investment Partners, LLC, Symphony Asset Management LLC..(Finestone, Benjamin) (Entered: 08/21/2020) |
| 35 | Aug 21, 2020 | View | ORDER. It is hereby ORDERED that, pursuant to Rule 42(a)(2) of the Federal Rules of Civil Procedure, the two cases are consolidated under the case number 20-CV-6539 (JMF). All future filings should be in 20-CV-6539 (JMF) alone. As stated on the record, and in accordance with the Court's order of August 19, 2020, 20-CV-6539, ECF No. 28, the parties are hereby ORDERED to meet and confer regarding the scope and timeframe of discovery and pretrial deadlines and shall submit an agreed upon proposed order and joint letter to the Court discussing the same no later than August 24, 2020. If the parties do not reach agreement, they parties shall submit competing proposed orders and letters concerning any remaining disagreements by the same date. In addition, as stated on the record at this morning's conference, unless and until the Court orders otherwise, the hearing on any motion for a preliminary injunction is hereby consolidated with the trial on the merits pursuant to Fed. R. Civ. P. 65(a)(2), and is scheduled for September 30, 2020, and (if necessary) October 1, 2020. The parties should be sure to address the issues identified in the Court's August 19, 2020 Order, 20-CV-6539, ECF No. 28, in their pretrial submissions. The Clerk of Court is directed to consolidate 20-CV-6539 (JMF) and 20-CV-6713 (JMF) under case number 20-CV-6539 (JMF), and to close 20-CV-6713 (JMF). SO ORDERED. (Signed by Judge Jesse M. Furman on 8/21/20) Filed In Associated Cases: 1:20-cv-06539-JMF, 1:20-cv-06713-JMF (yv) (Entered: 08/21/2020) |
| 36 | Aug 21, 2020 | Request | NOTICE OF APPEARANCE by Robert Scott Loigman on behalf of HPS Investment Partners, LLC, Symphony Asset Management LLC..(Loigman, Robert) (Entered: 08/21/2020) |
| 37 | Aug 21, 2020 | Request | NOTICE OF APPEARANCE by Bennett Murphy on behalf of HPS Investment Partners, LLC, Symphony Asset Management LLC..(Murphy, Bennett) (Entered: 08/21/2020) |
| 38 | Aug 21, 2020 | Request | NOTICE OF APPEARANCE by Anil Makhijani on behalf of HPS Investment Partners, LLC, Symphony Asset Management LLC..(Makhijani, Anil) (Entered: 08/21/2020) |
| 39 | Aug 21, 2020 | View | NOTICE OF APPEARANCE by Zachary Ryan Russell on behalf of HPS Investment Partners, LLC, Symphony Asset Management LLC..(Russell, Zachary) (Entered: 08/21/2020) |
| 40 | Aug 24, 2020 | View | NOTICE OF APPEARANCE by Alina Artunian on behalf of Citibank, N.A...(Artunian, Alina) (Entered: 08/24/2020) |
| 41 | Aug 24, 2020 | View | LETTER addressed to Judge Jesse M. Furman from Matthew D. Ingber dated August 24, 2020 re: In Response to the Court's August 19, 2020 Order. Document filed by Citibank, N.A.. (Attachments: # 1 Text of Proposed Order).(Ingber, Matthew) (Entered: 08/24/2020) |
| 42 | Aug 24, 2020 | Request | LETTER addressed to Judge Jesse M. Furman from Robert S. Loigman dated August 24, 2020 re: Plan for Discovery and Trial Per Court's Order. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert) (Entered: 08/24/2020) |
| 43 | Aug 25, 2020 | Request | NOTICE OF APPEARANCE by Allison Joan Zolot on behalf of Citibank, N.A...(Zolot, Allison) (Entered: 08/25/2020) |
| 44 | Aug 25, 2020 | View | TRANSCRIPT of Proceedings re: CONFERENCE held on 8/19/2020 before Judge Jesse M. Furman. Court Reporter/Transcriber: Alena Lynch, (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 9/15/2020. Redacted Transcript Deadline set for 9/25/2020. Release of Transcript Restriction set for 11/23/2020.Filed In Associated Cases: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF, 1:20-cv-06713-JMF.(McGuirk, Kelly) (Entered: 08/25/2020) |
| 45 | Aug 25, 2020 | Request | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/19/2020 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: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF, 1:20-cv-06713-JMF.(McGuirk, Kelly) (Entered: 08/25/2020) |
| 46 | Aug 25, 2020 | View | SCHEDULING ORDER: Accordingly, unless and until the Court orders otherwise, the following shall govern the further conduct of pretrial proceedings in this case, the caption of which is hereby changed to "In re Citibank August 11, 2020 Wire Transfers." Motions due by 9/16/2020. Responses due by 9/18/2020. Fact Discovery due by 10/2/2020. Final Pretrial Conference set for 11/5/2020 at 10:00 AM before Judge Jesse M. Furman. Pretrial Order due by 10/16/2020. Bench Trial set for 11/9/2020 at 09:30 AM before Judge Jesse M. Furman. In light of Defendants' consent, see ECF No. 42, at 2, the temporary restraining orders previously entered in these cases are extended to November 10, 2020. No later than August 27, 2020, Plaintiff shall serve a copy of this Order electronically on counsel for Defendant Highland Capital Management Fund Advisors LLP ("Highland Capital"), the one Defendant not currently represented by Quinn Emmanuel, and file proof of such service. If Highland Capital has any objection to the terms of this Order, including but not limited to the extension of the temporary restraining order to November 10, 2020, it shall file a letter to that effect no later than September 1, 2020. Failure to file such a letter will be deemed consent by Highland Capital to the terms of this Order. The Clerk of Court is directed to update the docket to reflect the caption on this Order. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/25/20) (yv) Modified on 8/25/2020 (yv). (Entered: 08/25/2020) |
| 47 | Aug 26, 2020 | Request | CERTIFICATE OF SERVICE of Scheduling Order served on Highland Capital Management Fund Advisors LP on 8/25/2020. Service was accepted by Isaac Leventon. Document filed by Citibank, N.A...(Baughman, John) (Entered: 08/26/2020) |
| 48 | Aug 26, 2020 | View | NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Highland Capital Management Fund Advisors LP. Document filed by Citibank, N.A.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Baughman, John) (Entered: 08/26/2020) |
| Aug 27, 2020 | ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 48 Notice of Voluntary Dismissal was reviewed and referred to Judge Jesse M. Furman for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km) (Entered: 08/27/2020) | ||
| 49 | Aug 27, 2020 | View | NOTICE OF DISMISSAL AS TO DEFENDANT HIGHLAND CAPITAL MANAGEMENT FUND ADVISORS LLP: PLEASE TAKE NOTICE that, pursuant to Rule 41 (a)(1)(A)(i), Plaintiff Citibank N.A. hereby dismisses this action with prejudice against defendant Highland Capital Management Fund Advisors LP. This notice does not apply to any other party. SO ORDERED., Highland Capital Management Fund Advisors LP terminated. (Signed by Judge Jesse M. Furman on 8/27/2020) (ama) (Entered: 08/27/2020) |
| 50 | Aug 28, 2020 | View | NOTICE OF APPEARANCE by Alexandre J. Tschumi on behalf of Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Tschumi, Alexandre) (Entered: 08/28/2020) |
| 51 | Aug 28, 2020 | Request | PROPOSED STIPULATION AND ORDER. Document filed by Citibank, N.A...(Ingber, Matthew) (Entered: 08/28/2020) |
| 52 | Aug 31, 2020 | View | STIPULATION AND ORDER. IT IS HEREBY AGREED AND ORDERED THAT: 1. Each Defendant will comply with any and all applicable orders of the Court and take all reasonable steps to direct and/or request that the various Non-Defendant Funds managed or advised by such Defendant comply with any and all applicable orders of the Court. 2. Each Defendant will not assert that orders of the Court do not apply to the Non-Defendant Funds managed or advised by such Defendant. 3. Each Defendant will request that the Non-Defendant Funds managed or advised by such Defendant inform the Defendant promptly if they do not intend on complying with applicable orders of the Court, and each Defendant will inform Citibank, N.A., through counsel, promptly of the receipt of any such notice. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/31/20) (yv) (Entered: 08/31/2020) |
| 53 | Aug 31, 2020 | Request | NOTICE OF APPEARANCE by Michael Barry Carlinsky on behalf of Allstate Investment Management Company, Bardin Hill Loan Management LLC, Greywolf Loan Management LP, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Carlinsky, Michael) (Entered: 08/31/2020) |
| 54 | Aug 31, 2020 | Request | NOTICE OF APPEARANCE by Adam Michael Abensohn on behalf of Allstate Investment Management Company, Bardin Hill Loan Management LLC, Greywolf Loan Management LP, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Abensohn, Adam) (Entered: 08/31/2020) |
| 55 | Aug 31, 2020 | Request | NOTICE OF APPEARANCE by Benjamin Isidore Finestone on behalf of Allstate Investment Management Company, Bardin Hill Loan Management LLC, Greywolf Loan Management LP, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Finestone, Benjamin) (Entered: 08/31/2020) |
| 56 | Aug 31, 2020 | Request | NOTICE OF APPEARANCE by Robert Scott Loigman on behalf of Allstate Investment Management Company, Bardin Hill Loan Management LLC, Greywolf Loan Management LP, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert) (Entered: 08/31/2020) |
| 57 | Aug 31, 2020 | Request | NOTICE OF APPEARANCE by Zachary Ryan Russell on behalf of Allstate Investment Management Company, Bardin Hill Loan Management LLC, Greywolf Loan Management LP, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Russell, Zachary) (Entered: 08/31/2020) |
| 58 | Aug 31, 2020 | Request | NOTICE OF APPEARANCE by Bennett Murphy on behalf of Allstate Investment Management Company, Bardin Hill Loan Management LLC, Greywolf Loan Management LP, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Murphy, Bennett) (Entered: 08/31/2020) |
| 59 | Aug 31, 2020 | Request | NOTICE OF APPEARANCE by Anil Makhijani on behalf of Allstate Investment Management Company, Bardin Hill Loan Management LLC, Greywolf Loan Management LP, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Makhijani, Anil) (Entered: 08/31/2020) |
| 60 | Sep 1, 2020 | View | WAIVER OF SERVICE RETURNED EXECUTED. Allstate Investment Management Company waiver sent on 9/1/2020, answer due 11/2/2020; Bardin Hill Loan Management LLC waiver sent on 9/1/2020, answer due 11/2/2020; Brigade Capital Management, LP waiver sent on 9/1/2020, answer due 11/2/2020; Greywolf Loan Management LP waiver sent on 9/1/2020, answer due 11/2/2020; HPS Investment Partners, LLC waiver sent on 9/1/2020, answer due 11/2/2020; Investcorp Credit Management US LLC waiver sent on 9/1/2020, answer due 11/2/2020; Medalist Partners Corporate Finance LLC waiver sent on 9/1/2020, answer due 11/2/2020; New Generation Advisors LLC waiver sent on 9/1/2020, answer due 11/2/2020; Symphony Asset Management LLC waiver sent on 9/1/2020, answer due 11/2/2020; Tall Tree Investment Management LLC waiver sent on 9/1/2020, answer due 11/2/2020; ZAIS Group LLC waiver sent on 9/1/2020, answer due 11/2/2020. Document filed by Citibank, N.A...(Marmon, Nathaniel) (Entered: 09/01/2020) |
| 61 | Sep 3, 2020 | View | NOTICE OF APPEARANCE by Andrew Hunter Reynard on behalf of Citibank, N.A...(Reynard, Andrew) (Entered: 09/03/2020) |
| 62 | Sep 7, 2020 | View | LETTER MOTION for Extension of Time of Current Case Schedule addressed to Judge Jesse M. Furman from Robert S. Loigman dated September 7, 2020. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert) (Entered: 09/07/2020) |
| 63 | Sep 7, 2020 | View | LETTER MOTION to Compel re Production of Documents addressed to Judge Jesse M. Furman from Robert S. Loigman dated September 7, 2020. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert) (Entered: 09/07/2020) |
| 64 | Sep 10, 2020 | Request | LETTER addressed to Judge Jesse M. Furman from Matthew D. Ingber dated September 10, 2020 re: Response to Defendants' Letters Seeking to Delay Trial 62 and to Motion To Compel Production 63 . Document filed by Citibank, N.A...(Ingber, Matthew) (Entered: 09/10/2020) |
| 65 | Sep 15, 2020 | View | ORDER on 62 Letter Motion for Extension of Time and 63 Letter Motion to Compel: Upon review of the parties' letters, the Court resolves the discovery disputes as follows...(See ORDER.) (Signed by Judge Jesse M. Furman on 9/14/2020) (ab) (Entered: 09/15/2020) |
| 66 | Sep 15, 2020 | Request | TRANSCRIPT of Proceedings re: CONFERENCE held on 8/18/2020 before Judge Jesse M. Furman. Court Reporter/Transcriber: George Malinowski, (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 10/6/2020. Redacted Transcript Deadline set for 10/16/2020. Release of Transcript Restriction set for 12/14/2020..(McGuirk, Kelly) (Entered: 09/15/2020) |
| 67 | Sep 15, 2020 | View | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/18/2020 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: 09/15/2020) |
| 68 | Sep 15, 2020 | Request | CERTIFICATE OF SERVICE of Court Order served on Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, and the Federal Reserve Bank of New York on September 15, 2020. Document filed by Citibank, N.A...(Baughman, John) (Entered: 09/15/2020) |
| 69 | Sep 16, 2020 | Request | LETTER MOTION for Discovery from Experts addressed to Judge Jesse M. Furman from Robert S. Loigman dated September 16, 2020. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert) (Entered: 09/16/2020) |
| 70 | Sep 17, 2020 | View | NOTICE OF APPEARANCE by Sophia Qasir on behalf of Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Qasir, Sophia) (Entered: 09/17/2020) |
| 71 | Sep 17, 2020 | View | NOTICE OF APPEARANCE by Mario DE Oliveira Gazzola on behalf of Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Gazzola, Mario) (Entered: 09/17/2020) |
| 72 | Sep 18, 2020 | View | FIRST LETTER MOTION to Compel Defendants to Produce documents relating to control issue addressed to Judge Jesse M. Furman from John F. Baughman dated September 18, 2020. Document filed by Citibank, N.A...(Baughman, John) (Entered: 09/18/2020) |
| 73 | Sep 18, 2020 | View | ENDORSED LETTER addressed to Judge Jesse M. Furman from Erik Bond dated 9/18/20 re: advise the Court that FDIC objects to Citibank's compliance with Defendants' Request for Production. ENDORSEMENT: The Court received this letter by email. Per the Court's Order of September 15, 2020, see ECF No. 65, Defendants shall file any response by September 21, 2020 (and shall simultaneously serve it electronically on Mr. Bond). Citibank shall not produce any of the materials at issue until the Court orders otherwise. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/18/20) (yv) (Entered: 09/18/2020) |
| 74 | Sep 18, 2020 | View | LETTER addressed to Judge Jesse M. Furman from Matthew D. Ingber dated September 18, 2020 re: Letter in Response to Defendants' Letter of September 16, 2020 (ECF No. 69) Requesting Expert Discovery. Document filed by Citibank, N.A...(Ingber, Matthew) (Entered: 09/18/2020) |
| 75 | Sep 18, 2020 | View | ENDORSED LETTER addressed to Judge Jesse M. Furman from Gregory F. Taylor dated 9/18/2020 re: response to ECF No. 65. ENDORSEMENT: The Court received this letter by email. Per the Court's Order of September 15, 2020, see ECF No. 65, Defendants shall file any response (in the form of a single letter responding to this, the FDIC letter, and any other objections filed) by September 21, 2020 (and shall simultaneously serve it electronically on Mr. Taylor). Citibank shall not produce any of the materials at issue until the Court orders otherwise. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/18/2020) (rro) (Entered: 09/18/2020) |
| 76 | Sep 21, 2020 | View | ENDORSED LETTER addressed to Judge Jesse M. Furman from Joshua P. Chadwick dated 9/18/20 re: objection to Citibanks production of the Boards CSI to the Defendants and assertion of the bank examination privilege. ENDORSEMENT: The Court received this letter by email. Per the Court's Order of September 15, 2020, see ECF No. 65, Defendants shall file any response (in the form of a single letter responding to this, the FDIC and OCC letters, and any other objections filed) by September 21, 2020 (and shall simultaneously serve it electronically on Mr. Chadwick). Citibank shall not produce any of the materials at issue until the Court orders otherwise. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/18/20) (yv) (Entered: 09/21/2020) |
| 77 | Sep 21, 2020 | View | NOTICE OF APPEARANCE by Judd Robert Spray on behalf of Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Spray, Judd) (Entered: 09/21/2020) |
| 78 | Sep 21, 2020 | View | PROPOSED STIPULATION AND ORDER. Document filed by Citibank, N.A...(Ingber, Matthew) (Entered: 09/21/2020) |
| 79 | Sep 21, 2020 | Request | PROPOSED STIPULATION AND ORDER. Document filed by Citibank, N.A...(Ingber, Matthew) (Entered: 09/21/2020) |
| 80 | Sep 21, 2020 | Request | RESPONSE re: 76 Endorsed Letter,, 73 Endorsed Letter,, 75 Endorsed Letter,, Letter in Response to Regulators' Objections to Production of Documents. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert) (Entered: 09/21/2020) |
| 81 | Sep 22, 2020 | View | STIPULATION AND ORDER GOVERNING THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL AND HIGHLY CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material...This stipulation binds the parties to treat as confidential the documents so classified. This Court, however, has not reviewed the documents referenced herein; therefore, by so ordering this stipulation, the Court makes no finding as to whether the documents are confidential. That finding will be made, if ever, upon a document-by-document review pursuant to the procedures set forth in the Court's Individual Rules and Practices and subject to the presumption in favor of public access to "judicial documents." See generally Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). To that end, the Court does not "so order" any provision to the extent that it purports to authorize the parties to file documents under seal without a prior court order. See New York ex rel. Khurana v. Spherion Corp., No. 15-CV-6605 (JMF), 2019 WL 3294170 (S.D.N.Y. July 19, 2019). SO ORDERED. (Signed by Judge Jesse M. Furman on 9/22/2020) (jca) (Entered: 09/22/2020) |
| 82 | Sep 22, 2020 | Request | JOINT STIPULATION AND ORDER REGARDING THE FORMAT OF DOCUMENT PRODUCTION. IT IS ORDERED that: Absent special circumstances, the Parties will prepare their production of documents in accordance with the agreed-upon specifications set forth below, and as further specified and set forth regarding this Joint Stipulation and Order Regarding the Format of Document Production. So ordered. (Signed by Judge Jesse M. Furman on 9/22/2020) (rjm) (Entered: 09/22/2020) |
| 83 | Sep 22, 2020 | View | ORDER granting 69 Letter Motion for Expert Discovery: Given the possibility that the relevant standard is constructive notice, the Court agrees with Defendants that limited expert testimony (and discovery) is appropriate. That said, the Court will allow both sides to present expert testimony. In light of the foregoing, counsel shall promptly confer and, no later than tomorrow, submit a joint letter with a proposed schedule for expert discovery that preserves the existing schedule to the maximum extent possible. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 09/22/2020) |
| 84 | Sep 22, 2020 | View | ORDER re ECF Nos. 65 , 73 , 76 , 75 , 80 : No later than tomorrow, Citibank shall file on ECF - under seal and with viewing restricted to the Court only (ex parte) - the documents with respect to which the regulators have invoked privilege so that the Court may review them in camera.(HEREBY ORDERED by Judge Jesse M. Furman) (Text Only Order) (Furman, Jesse) (Entered: 09/22/2020) |
| 85 | Sep 22, 2020 | View | LETTER RESPONSE to Motion addressed to Judge Jesse M. Furman from Robert S. Loigman dated September 22, 2020 re: 72 FIRST LETTER MOTION to Compel Defendants to Produce documents relating to control issue addressed to Judge Jesse M. Furman from John F. Baughman dated September 18, 2020. . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC. (Attachments: # 1 Exhibit A-Aug. 28, 2020 Email re: Citibank v. Brigade).(Loigman, Robert) (Entered: 09/22/2020) |
| 86 | Sep 23, 2020 | View | JOINT LETTER addressed to Judge Jesse M. Furman from Robert S. Loigman and Matthew D. Ingber dated September 23, 2020 re: ECF No. 83 regarding schedule for expert discovery. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert) (Entered: 09/23/2020) |
| 87 | Sep 23, 2020 | Request | ***EX-PARTE*** LETTER addressed to Judge Jesse M. Furman from Matthew D. Ingber dated September 23, 2020 re: Letter to Court re: in camera review. Document filed by Citibank, N.A.. (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)Motion or Order to File Under Seal: 84 .(Ingber, Matthew) (Entered: 09/23/2020) |
| 88 | Sep 25, 2020 | Request | ORDER: The parties shall appear for a teleconference with the Court on Tuesday, September 29, 2020, at 4:00 p.m., to address the various open items and next steps. At least twenty-four hours before the conference, counsel shall email to the Court the names and telephone numbers of those who will have speaking roles at the conference, and the Court will provide call-in information to those counsel (though perhaps not until Tuesday morning in light of the religious holiday). All others counsel who will not have speaking roles and members of the public may listen to the conference by calling the Court's dedicated conference call line at (888) 363-4749 and using access code 542-1540 followed by the pound (#) key. The parties are reminded to follow the procedures for teleconferences described in the Court's Emergency Individual Rules and Practices in Light of COVID-19, which are available at https://nysd.uscourts.gov/hon-jesse-m-furman. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 09/25/2020) |
| 89 | Sep 29, 2020 | View | PROPOSED STIPULATION AND ORDER. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Abensohn, Adam) (Entered: 09/29/2020) |
| 90 | Sep 29, 2020 | View | LETTER addressed to Judge Jesse M. Furman from Matthew D. Ingber dated September 23, 2020 re: Letter to Court re: in camera review. Document filed by Citibank, N.A...(Ingber, Matthew) (Entered: 09/29/2020) |
| 91 | Sep 29, 2020 | View | STIPULATION AND ORDER CONCERNING THE PROTOCOL FOR CONDUCTING REMOTE DEPOSITIONS: IT IS HEREBY STIPULATED AND AGREED, by the Parties hereto, through their undersigned counsel, subject to the approval of the Court, that this Stipulation and [Proposed] Order Concerning the Protocol for Conducting Remote Deposition (the "Remote Deposition Protocol") will govern the protocol for conducting depositions in this Litigation: Unless otherwise agreed by all Parties, and as applicable, any non-party deponent, all depositions in this Litigation shall be conducted remotely using videoconference technology, and each deposition shall be video-recorded. As further set forth in this Order. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/29/2020) (ks) (Entered: 09/29/2020) |
| Sep 29, 2020 | Minute Entry for proceedings held before Judge Jesse M. Furman: Conference held via teleconference on 9/29/2020. Matthew Ingber, Jack Baughman, and Christopher Houpt present for Plaintiff. Robert Loigman, Benjamin Finestone, and Adam Abensohn present for Defendants. Court reporter present. (ab) (Entered: 11/05/2020) | ||
| 92 | Sep 30, 2020 | View | ORDER granting 72 Letter Motion to Compel. As discussed and for the reasons stated on the record during the telephone conference conducted before the Court on September 29, 2020: Plaintiff's motion to compel discovery "on the issue of [Defendants'] 'control' over the funds at issue in this case," ECF No. 72, is GRANTED. The parties shall submit a joint letter no later than September 30, 2020, at 3:00 p.m. proposing a revised schedule. The parties shall submit a joint letter no later than October 1, 2020, at 5:00 p.m. proposing a path forward for resolving any remaining issues with respect to the documents over which the regulators have invoked privilege (the "Regulator Documents"). Defendants shall submit a letter no later than October 1, 2020, at 5:00 p.m. addressing whether Plaintiff's letter of September 10, 2020, see ECF No. 64, waived attorney-client and work product privileges over the Regulator Documents. The Clerk of Court is directed terminate ECF No. 72. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/29/20) (yv) (Entered: 09/30/2020) |
| 93 | Sep 30, 2020 | Request | JOINT LETTER addressed to Judge Jesse M. Furman from Matthew D. Ingber and Robert Loigman dated September 30, 2020 re: Joint Proposed Amended Discovery Schedule. Document filed by Citibank, N.A...(Ingber, Matthew) (Entered: 09/30/2020) |
| 94 | Sep 30, 2020 | View | ORDER re: 93 Joint Proposed Amended Schedule Letter. Upon review of the parties' joint letter, the Court adopts Defendants' proposed schedule, except that the deadline for any reply memoranda of law is extended to November 20, 2020 (not November 23, 2020). The final pretrial conference is correspondingly ADJOURNED from November 5, 2020, to December 7, 2020, at 10 a.m. With Defendants' consent, the temporary restraining orders are extended through the new date of the trial. The parties are cautioned that further extensions of these dates and deadlines (except perhaps for minor modifications of the interim deadlines) are unlikely to be granted. (HEREBY ORDERED by Judge Jesse M. Furman) (Text Only Order) (Furman, Jesse) (Entered: 09/30/2020) |
| 95 | Oct 1, 2020 | View | LETTER addressed to Judge Jesse M. Furman from Matthew D. Ingber dated October 1, 2020 re: Letter to Court re: Regulator Documents. Document filed by Citibank, N.A...(Ingber, Matthew) (Entered: 10/01/2020) |
| 96 | Oct 1, 2020 | View | LETTER addressed to Judge Jesse M. Furman from Robert S. Loigman dated October 1, 2020 re: Citibank's waiver of privileges over the Regulator Documents. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert) (Entered: 10/01/2020) |
| 97 | Oct 1, 2020 | Request | JOINT LETTER addressed to Judge Jesse M. Furman from Matthew D. Ingber, Robert S. Loigman and Judd R. Spray dated October 1, 2020 re: Joint letter to Court re: Regulator Documents. Document filed by Citibank, N.A...(Ingber, Matthew) (Entered: 10/01/2020) |
| 98 | Oct 2, 2020 | View | ORDER. Plaintiff shall file a privilege log identifying which of the documents already submitted for in camera review are subject to attorney-client or work product protection no later than October 4, 2020. Once the Court has resolved whether those protections apply, the Court will address whether any remaining documents are subject to the privileges invoked by the regulators (and will give the regulators an opportunity to be heard). Defendants are directed to serve this order by email on counsel for each of the three regulators that asserted privileges over the Regulator Documents. In light of the expedited nature of this case and the rapidly approaching deadline for the completion of fact discovery, the Court requests that the Board of Governors of the Federal Reserve Bank and/or Federal Reserve Bank of New York expedite its administrative determination of whether the relevant documents can be produced and provide and provide answer no later than October 13, 2020. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/2/20) (yv) (Entered: 10/02/2020) |
| 99 | Oct 4, 2020 | Request | LETTER addressed to Judge Jesse M. Furman from Christopher J. Houpt dated October 4, 2020 re: Privilege Designations. Document filed by Citibank, N.A...(Houpt, Christopher) (Entered: 10/04/2020) |
| 100 | Oct 4, 2020 | Request | ***EX-PARTE***NOTICE of Privilege Log re: 99 Letter. Document filed by Citibank, N.A.. Motion or Order to File Under Seal: 98 .(Houpt, Christopher) (Entered: 10/04/2020) |
| 101 | Oct 5, 2020 | Request | ORDER: On October 2, 2020, the Court ordered Plaintiff to file a privilege log identifying which of the documents already submitted for in camera review are subject to attorney-client or work product protection. See ECF No. 98. On October 4, 2020, Plaintiff filed the privilege log, but did so under seal and on an ex parte basis, referencing the Court's October 2, 2020 Order. See ECF No. 100. (Plaintiff also publicly filed a cover letter. See ECF No. 99.) There are at least three problems with this. First, despite Plaintiffs suggestion to the contrary, the Court's October 2, 2020 Order did not authorize Plaintiff to file the privilege log under seal; nor did Plaintiff, in the parties' joint letter that prompted the Court's October 2, 2020 Order, even request leave to file the privilege log under seal. See ECF No. 97. Second, filing the privilege log under seal and ex parte defeats the point of the log - which is to provide Defendants with notice of what documents are claimed to be privileged (and the basis for that claim) so that they may challenge the claims as appropriate. And third, it is Plaintiffs burden to show that filing a document under seal is consistent with the presumption in favor of public access to judicial documents (and to do so in accordance with the Court's Individual Rules and Practices). Plaintiff did not even attempt to do so. Plaintiff shall publicly refile the privilege log by TOMORROW at 10 a.m. Defendants are granted until October 7, 2020, at noon to file any response to the claims of privilege. Finally, the Court notes that this is not Plaintiffs first time violating the well-established procedures and standards governing the public filing of judicial documents. (The letter appealing at ECF 90 was originally filed under seal and ex parte, see ECF No. 87, even though Plaintiff had not sought, let alone obtained, leave to do so.) Future violations of those procedures and standards may result in sanctions. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/5/2020) (jca) (Entered: 10/05/2020) |
| 102 | Oct 5, 2020 | Request | NOTICE of PRIVILEGE LOG re: 101 Order,,,,,,,, 99 Letter. Document filed by Citibank, N.A...(Houpt, Christopher) (Entered: 10/05/2020) |
| 103 | Oct 5, 2020 | Request | TRANSCRIPT of Proceedings re: CONFERENCE held on 9/29/2020 before Judge Jesse M. Furman. Court Reporter/Transcriber: Michael McDaniel, (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 10/26/2020. Redacted Transcript Deadline set for 11/5/2020. Release of Transcript Restriction set for 1/3/2021..(McGuirk, Kelly) (Entered: 10/05/2020) |
| 104 | Oct 5, 2020 | Request | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/29/20 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: 10/05/2020) |
| 105 | Oct 6, 2020 | View | LETTER addressed to Judge Jesse M. Furman from Christopher J. Houpt dated October 6, 2020 re: Updated Privilege Log. Document filed by Citibank, N.A.. (Attachments: # 1 Exhibit A).(Houpt, Christopher) (Entered: 10/06/2020) |
| 106 | Oct 7, 2020 | Request | NOTICE OF APPEARANCE by Richard A. Spehr on behalf of Citibank, N.A...(Spehr, Richard) (Entered: 10/07/2020) |
| 107 | Oct 7, 2020 | View | LETTER addressed to Judge Jesse M. Furman from Robert S. Loigman dated October 7, 2020 re: Citibank Privilege Log. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert) (Entered: 10/07/2020) |
| 108 | Oct 9, 2020 | View | ORDER: Plaintiff shall confer with the regulators and, no later than October 15, 2020, produce to Defendants "all factual portions" of ECF Nos. 87-1, 87-2, 87-12, 87-13, 87-24, and 87-25 (as well as ECF Nos. 87-5, 87-16, and 87-28, over which it asserts no independent privilege), "where 'factual' has its ordinary meaning," Wultz, 61 F. Supp. 3d at 288, unless the relevant portion is independently protected as Confidential Supervisory Information. If, after such production, Defendants have any remaining objections (that is, either to the redactions or to documents withheld in full), they shall confer with Plaintiffs (and, if appropriate, the regulators) and file a joint letter proposing a means to resolve any remaining disputes by October 20, 2020. In the absence of such a letter (or other communication), the Court will assume that this matter has been resolved without the need for further Court intervention. If any party or the regulators disagree with proceeding in accordance with the foregoing, they shall confer and promptly seek appropriate relief. No later than October 9, 2020, at 5 p.m., Plaintiff is directed to serve this Order by email on counsel for each of the three regulators that has asserted privileges over the Regulator Documents. (Signed by Judge Jesse M. Furman on 10/9/2020) (jwh) (Entered: 10/09/2020) |
| 109 | Oct 13, 2020 | View | LETTER MOTION to Compel Citibank to provide testimony and documents regarding communications between Citibank and those investment managers and/or lenders who returned funds disbursed in the August 11 Transfers addressed to Judge Jesse M. Furman from Adam M. Abensohn dated October 13, 2020. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Highland Capital Management Fund Advisors LP, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4).(Abensohn, Adam) (Entered: 10/13/2020) |
| 110 | Oct 14, 2020 | Request | NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Investcorp Credit Management US LLC. Document filed by Citibank, N.A.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Marmon, Nathaniel) (Entered: 10/14/2020) |
| Oct 14, 2020 | ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 110 Notice of Voluntary Dismissal was reviewed and referred to Judge Jesse M. Furman for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km) (Entered: 10/14/2020) | ||
| 111 | Oct 14, 2020 | View | CITIBANK'S NOTICE OF DISMISSAL OF COMPLAINT AGAINST DEFENDANT INVESTCORP CREDIT MANAGEMENT US LLC. PLEASE TAKE NOTICE that Plaintiff Citibank, National Association ("Citibank"), pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, hereby dismisses with prejudice all causes of action in the complaint against defendant Investcorp Credit Management US LLC ("Investcorp"). This notice does not apply to any other party. Investcorp has filed neither an answer to the complaint nor a motion for summary judgment as to these claims. Dismissal under Rule 41(a)(1) is therefore appropriate. So Ordered., (Investcorp Credit Management US LLC terminated.) (Signed by Judge Jesse M. Furman on 10/14/20) (yv) (Entered: 10/14/2020) |
| 112 | Oct 14, 2020 | Request | PROPOSED STIPULATION AND ORDER. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Highland Capital Management Fund Advisors LP, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert) (Entered: 10/14/2020) |
| 113 | Oct 15, 2020 | View | STIPULATION AND ORDER CONCERNING EXPERT DISCOVERY, IT IS HEREBY STIPULATED AND AGREED, by the Parties hereto, through their undersigned counsel, subject to the approval of the Court, that this Stipulation and Order Concerning Expert Discovery (the "Expert Discovery Stipulation") will govern the protocol for conducting expert discovery in this Litigation: With respect to all witnesses any party expects to call as an expert witness at the trial (a "Testifying Expert"), the party shall, at the times agreed upon in the applicable order concerning the schedule for expert discovery, exchange final expert reports and rebuttal reports, and shall produce the Experts for deposition at mutually convenient dates, times and locations, within the time period permitted by the Court's order. No subpoena for deposition or documents need be served on any Testifying Expert. At a minimum, each expert report should include as further set forth in this Stipulation. With respect to documents, data and other written materials relied upon by any Testifying Expert in forming the opinions set forth in the expert report, to the extent that such documents, data and other materials have been produced in the Litigation, they shall be identified by (i) Bates number identifying the relevant document or other information, (ii) the deponent names and the dates for the transcripts of depositions, (iii) the exhibit numbers for any exhibit from any deposition, or (iv) citations for publicly available articles, cases, statutes, journals, treatises, regulatory filings, or other sources, at the time when expert reports are exchanged. To the extent the expert relies on materials not produced in the Litigation, they shall be produced at the time when expert reports are exchanged. Notwithstanding anything in Paragraph 3, discovery shall not be permitted into the following as further set forth in this Stipulation. Nothing herein, however, shall be construed to prevent deposition questions relating to the substance of the Testifying Expert's opinions, including into whether the Testifying Expert considered alternative theories, methodologies, variables, or assumptions, or whether the Testifying Expert considered or reviewed particular documents, information or methods, and the reasons why the expert either did or did not rely on such documents, information, or methods of analysis in formulating his or her opinion. Nothing herein shall be construed to preclude deposition questions concerning the Testifying Expert's terms of engagement, compensation, the time spent and work involved in the preparation of the Testifying Expert's report or testimony, or any facts or assumptions provided by a party and relied upon by the Testifying Expert. Nothing in this Expert Discovery Stipulation constitutes an admission or concession that any of the information exempted from discovery by this Expert Discovery Stipulation would otherwise be discoverable or admissible. Further, nothing in this Expert Discovery Stipulation requires discovery of any information that would otherwise be protected from discovery by the attorney client privilege, work product doctrine, or any other applicable privileges or protections, including but not limited to privileged material between outside counsel and Fed. R. Civ. P. Rule 26(a)(2)(C) expert witnesses. Any fees charged by an expert for responding to discovery, including time spent at depositions, shall be paid by the party who has retained the expert. Nothing herein shall limit or waive any party's right to object for any reason to: (i) the admission, in whole or in part, of any opposing party's expert opinion into evidence, or (ii) the qualifications of any person to serve as an expert witness. SO ORDERED. Motions terminated: 109 LETTER MOTION to Compel Citibank to provide testimony and documents regarding communications between Citibank and those investment managers and/or lenders who returned funds disbursed in the August 11 Transfers addressed to Judge Jesse M. filed by Greywolf Loan Management LP, Highland Capital Management Fund Advisors LP, Allstate Investment Management Company, Medalist Partners Corporate Finance LLC, Tall Tree Investment Management LLC, New Generation Advisors LLC, Brigade Capital Management, LP, Investcorp Credit Management US LLC, ZAIS Group LLC, Symphony Asset Management LLC, HPS Investment Partners, LLC, Bardin Hill Loan Management LLC. (Signed by Judge Jesse M. Furman on 10/15/20) (yv) (Entered: 10/15/2020) |
| 114 | Oct 15, 2020 | View | LETTER addressed to Judge Jesse M. Furman from Matthew D. Ingber dated October 15, 2020 re: Letter To Court Re Production of Regulator Documents. Document filed by Citibank, N.A...(Ingber, Matthew) (Entered: 10/15/2020) |
| 115 | Oct 16, 2020 | View | LETTER MOTION to Seal Response to Motion to Compel addressed to Judge Jesse M. Furman from Christopher J. Houpt dated 10/16/20. Document filed by Citibank, N.A...(Houpt, Christopher) (Entered: 10/16/2020) |
| 116 | Oct 16, 2020 | View | ***SELECTED PARTIES***LETTER RESPONSE to Motion addressed to Judge Jesse M. Furman from Christopher J. Houpt dated 10/16/20 re: 109 LETTER MOTION to Compel Citibank to provide testimony and documents regarding communications between Citibank and those investment managers and/or lenders who returned funds disbursed in the August 11 Transfers addressed to Judge Jesse M. . Document filed by Citibank, N.A., Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)Motion or Order to File Under Seal: 109 .(Houpt, Christopher) (Entered: 10/16/2020) |
| 117 | Oct 16, 2020 | View | LETTER RESPONSE to Motion addressed to Judge Jesse M. Furman from Christopher J. Houpt dated 10/16/20 re: 109 LETTER MOTION to Compel Citibank to provide testimony and documents regarding communications between Citibank and those investment managers and/or lenders who returned funds disbursed in the August 11 Transfers addressed to Judge Jesse M. . Document filed by Citibank, N.A.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C).(Houpt, Christopher) (Entered: 10/16/2020) |
| 118 | Oct 18, 2020 | View | LETTER addressed to Judge Jesse M. Furman from Adam M. Abensohn dated October 18, 2020 re: Response to ECF No. 116 and in support of ECF No. 109 LETTER MOTION to Compel Citibank to provide testimony and documents regarding communications between Citibank and those investment managers and/or lenders who returned funds disbursed in the August 11 Transfers. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Highland Capital Management Fund Advisors LP, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Abensohn, Adam) (Entered: 10/18/2020) |
| 119 | Oct 19, 2020 | View | LETTER addressed to Judge Jesse M. Furman from Christopher J. Houpt dated October 19, 2020 re: Letter requesting Court disregard or strike ECF No. 118. Document filed by Citibank, N.A...(Houpt, Christopher) (Entered: 10/19/2020) |
| 120 | Oct 19, 2020 | View | LETTER RESPONSE to Motion addressed to Judge Jesse M. Furman from Adam M. Abensohn dated October 19, 2020 re: 115 LETTER MOTION to Seal Response to Motion to Compel addressed to Judge Jesse M. Furman from Christopher J. Houpt dated 10/16/20. . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Abensohn, Adam) (Entered: 10/19/2020) |
| 121 | Oct 20, 2020 | View | MEMO ENDORSEMENT on re: 119 Letter requesting Court disregard ECF No. 118 filed by Citibank, N.A. ENDORSEMENT : Application GRANTED. As the Court's Individual Rules and Practices do not provide for replies in connection with discovery disputes, and Defendants did not obtain leave to file a reply, the Court will disregard ECF No. 118. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/20/20) (yv) (Entered: 10/20/2020) |
| 122 | Oct 20, 2020 | View | ORDER denying 115 Letter Motion to Seal. In light of this, the motion to seal is denied. The Clerk of Court is directed to terminate ECF No. 115 and to convert ECF No. 116 to unrestricted public view. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/20/20) (yv) (Entered: 10/20/2020) |
| 123 | Oct 20, 2020 | Request | MEMO ENDORSEMENT on re: 116 Response to Motion,,, filed by Citibank, N.A. ENDORSEMENT: Defendants' motion to compel is DENIED. Putting aside whether Plaintiff has already produced the materials and information at issue, the Court agrees that what other parties may or may not have known is irrelevant to what Defendants may or may not have known. (To be clear, what is good for the goose is good for the gander, which is to say that Plaintiff will not be permitted to introduce such evidence either --- any allegations in its Complaint notwithstanding.) SO ORDERED. (Signed by Judge Jesse M. Furman on 10/20/20) (yv) (Entered: 10/20/2020) |
| 124 | Oct 23, 2020 | Request | LETTER MOTION to Seal Motion to Compel re Symphony Deposition addressed to Judge Jesse M. Furman from John F. Baughman dated 10/23/20. Document filed by Citibank, N.A...(Reynard, Andrew) (Entered: 10/23/2020) |
| 125 | Oct 23, 2020 | View | LETTER MOTION to Compel Symphony Asset Management, LLC to Produce 30(b)(6) Witness and Documents addressed to Judge Jesse M. Furman from John F. Baughman dated 10/23/20. Document filed by Citibank, N.A.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D).(Reynard, Andrew) (Entered: 10/23/2020) |
| 126 | Oct 23, 2020 | Request | ***SELECTED PARTIES*** LETTER MOTION to Compel Symphony Asset Management, LLC to Produce 30(b)(6) Witness and Documents addressed to Judge Jesse M. Furman from John F. Baughman dated 10/23/20. Document filed by Citibank, N.A., Symphony Asset Management LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)Motion or Order to File Under Seal: 124 .(Reynard, Andrew) (Entered: 10/23/2020) |
| 127 | Oct 26, 2020 | View | ORDER with respect to 125 Letter Motion to Compel. Symphony Asset Management, LLC shall file any response by tomorrow, October 27, 2020. In light of the protective order and the timing of the transcript preparation, any party that believes the motion to seal should be granted shall show cause why doing so is consistent with the presumption in favor of public access to judicial documents no later November 2, 2020. The motion is granted temporarily until that date (and any ruling on a motion filed by that date). If no motion is filed by that date, the motion to seal beyond that will be denied without notice to the parties. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 10/26/2020) |
| 128 | Oct 26, 2020 | View | ANSWER to 1 Complaint. Document filed by Brigade Capital Management, LP..(Loigman, Robert) (Entered: 10/26/2020) |
| 129 | Oct 26, 2020 | View | ANSWER to 1 Complaint. Document filed by HPS Investment Partners, LLC, Symphony Asset Management LLC..(Loigman, Robert) (Entered: 10/26/2020) |
| 130 | Oct 26, 2020 | View | ANSWER to 1 Complaint. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Greywolf Loan Management LP, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert) (Entered: 10/26/2020) |
| 131 | Oct 27, 2020 | View | RESPONSE re: 126 LETTER MOTION to Compel Symphony Asset Management, LLC to Produce 30(b)(6) Witness and Documents addressed to Judge Jesse M. Furman from John F. Baughman dated 10/23/20. . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Investcorp Credit Management US LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F).(Abensohn, Adam) (Entered: 10/27/2020) |
| 132 | Oct 27, 2020 | Request | RESPONSE re: 124 LETTER MOTION to Seal Motion to Compel re Symphony Deposition addressed to Judge Jesse M. Furman from John F. Baughman dated 10/23/20. . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Highland Capital Management Fund Advisors LP, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC. (Attachments: # 1 Exhibit A).(Abensohn, Adam) (Entered: 10/27/2020) |
| 133 | Oct 29, 2020 | Request | ORDER denying 125 Letter Motion to Compel. Citibank's letter-motion is denied, substantially for the reasons set forth in Symphony's response. Put simply, viewing the two transcripts together, the Court cannot conclude that Symphony's Rule 30(b)(6) witnesses were so unprepared as to warrant relief, particularly in light of the accommodations that Symphony gave (or offered) to Citibank. And the requests for documents are moot given the Symphony represents it has provided, or will provide, them to Citibank. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 10/29/2020) |
| 134 | Oct 29, 2020 | View | ORDER denying 124 Letter Motion to Seal. In light of Symphony's response, see ECF No. 132, the request to seal is DENIED. Citibank is cautioned that future failures to provide Defendants with a meaningful opportunity to review proposed sealing or redactions, or to actually confer when required by the Court's rules, may result in sanctions. The Clerk of Court is directed to terminate ECF No. 124 and to convert ECF No. 126 to public view with no restrictions on access. SO ORDERED. (Signed by Judge Jesse M. Furman on 10/29/2020) (ks) (Entered: 10/29/2020) |
| 135 | Nov 4, 2020 | View | LETTER addressed to Judge Jesse M. Furman from John F. Baughman dated November 4, 2020 re: Trial Procedures. Document filed by Citibank, N.A...(Baughman, John) (Entered: 11/04/2020) |
| 136 | Nov 6, 2020 | Request | MEMO ENDORSEMENT on re: 135 Letter filed by Citibank, N.A., ENDORSEMENT: The Court is currently conducting a fully remote bench trial --- using TrialGraphix, which is a zoom-based platform --- and it has worked remarkably well. If both sides consent, the Court would be inclined to do the same here given the public health situation and the fact that it appears to be getting worse rather than better. The parties should look at the Court's trial procedures order in the case currently on trial, see 15-CV-6605, ECF No. 239, and confer with one another before appearing for a telephone conference with the Court on November 9, 2020, at 3:30 p.m. No later than November 9, 2020, at 10 a.m., counsel shall email to the Court the names and telephone numbers of those who will have speaking roles at the conference, and the Court will provide call-in information to those counsel. All others counsel who will not have speaking roles and members of the public may listen to the conference by calling the Court's dedicated conference call line at (888) 363-4749 and using access code 542-1540 followed by the pound (#) key. The parties are reminded to follow the procedures for teleconferences described in the Court's Emergency Individual Rules and Practices in Light of COVID-19, which are available at https://nysd.uscourts.gov/hon-jesse-m-furman. The Court will be prepared to address other aspects of the trial during the conference, but to answer counsel's question: In light of the written pretrial materials that the parties will be submitting, the Court does not intend to have opening statements from counsel. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/6/2020) ( Telephone Conference set for 11/9/2020 at 03:30 PM before Judge Jesse M. Furman.) (ks) (Entered: 11/06/2020) |
| 137 | Nov 9, 2020 | View | LETTER addressed to Judge Jesse M. Furman from John F. Baughman dated November 9, 2020 re: Trial Technology. Document filed by Citibank, N.A...(Baughman, John) (Entered: 11/09/2020) |
| Nov 9, 2020 | Minute Entry for proceedings held before Judge Jesse M. Furman: Conference held via teleconference on 11/9/2020. Jack Baughman, Matt Ingber, and Chris Houpt present for the Plaintiff. Robert Loigman, Benjamin Finestone, Adam Abensohn, and Michael Carlinsky present for the Defendants. Court reporter present. (ab) (Entered: 12/02/2020) | ||
| 138 | Nov 10, 2020 | Request | ORDER regarding 137 Letter filed by Citibank, N.A. re Trial Technology. If Defendants object to any of the platforms proposed by Plaintiff, they shall submit a letter describing their objections no later than 5 p.m. today. (HEREBY ORDERED by Judge Jesse M. Furman) (Text Only Order) (Furman, Jesse) (Entered: 11/10/2020) |
| 139 | Nov 10, 2020 | View | ORDER. In connection with the submissions due November 13, 2020, the parties may file a list identifying any evidence to which the parties stipulate to admissibility. No later than November 19, 2020, the parties shall file a proposed agreed-upon order governing protocols for trial (e.g., how impeachment materials are to be provided). (The parties shall file it on ECF and, the same day, email a Microsoft Word version to the Court.) If the parties are unable to agree, in whole or in part, they shall include a redline identifying areas of disagreement. The parties shall include in this filing a revised estimate of the length of trial. No later than November 20, 2020, each side shall file, with respect to each direct testimony declaration submitted by the opposing side, a chart with three columns: (1) listing any paragraph number of the declaration to which the side objects; (2) the text of the paragraph subject to objection; and (3) the basis for the objection. The parties should be prepared for trial to be held from 9:00 a.m. to 5:00 p.m. each day. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/10/20) (yv) (Entered: 11/10/2020) |
| 140 | Nov 10, 2020 | Request | LETTER addressed to Judge Jesse M. Furman from Benjamin I. Finestone dated November 10, 2020 re: Response to Citibank's Letter of November 9, 2020 per Court's Order. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Finestone, Benjamin) (Entered: 11/10/2020) |
| 141 | Nov 13, 2020 | View | LETTER MOTION to Seal portions of a document addressed to Judge Jesse M. Furman from Robert S. Loigman dated November 13, 2020. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert) (Entered: 11/13/2020) |
| 142 | Nov 13, 2020 | View | PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit B).(Loigman, Robert) (Entered: 11/14/2020) |
| 143 | Nov 14, 2020 | View | PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Citibank, N.A...(Ingber, Matthew) (Entered: 11/14/2020) |
| 144 | Nov 14, 2020 | View | JOINT PRELIMINARY TRIAL REPORT. Document filed by Citibank, N.A.. (Attachments: # 1 Exhibit A, # 2 Exhibit B.1, # 3 Exhibit B.2, # 4 Exhibit C.1, # 5 Exhibit C.2, # 6 Exhibit D).(Reynard, Andrew) (Entered: 11/14/2020) |
| 145 | Nov 14, 2020 | View | ***SELECTED PARTIES***PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Bardin Hill Loan Management LLC, Medalist Partners Corporate Finance LLC, Allstate Investment Management Company, HPS Investment Partners, LLC, Brigade Capital Management, LP, ZAIS Group LLC, Symphony Asset Management LLC, Greywolf Loan Management LP, New Generation Advisors LLC, Tall Tree Investment Management LLC, Citibank, N.A..Motion or Order to File Under Seal: 141 .(Loigman, Robert) (Entered: 11/14/2020) |
| 146 | Nov 16, 2020 | Request | NOTICE OF APPEARANCE by Brendan Thomas Carroll on behalf of Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Carroll, Brendan) (Entered: 11/16/2020) |
| 147 | Nov 16, 2020 | Request | MOTION for Ronald Joseph Mann to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22600187. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Loan Syndications and Trading Association..(Mann, Ronald) (Entered: 11/16/2020) |
| Nov 16, 2020 | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 147 MOTION for Ronald Joseph Mann to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22600187. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) (Entered: 11/16/2020) | ||
| 148 | Nov 16, 2020 | Request | ORDER granting 147 Motion for Ronald Joseph Mann to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 11/16/2020) |
| 149 | Nov 16, 2020 | View | TRANSCRIPT of Proceedings re: CONFERENCE held on 11/9/2020 before Judge Jesse M. Furman. Court Reporter/Transcriber: Karen Gorlaski, (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 12/7/2020. Redacted Transcript Deadline set for 12/17/2020. Release of Transcript Restriction set for 2/16/2021..(McGuirk, Kelly) (Entered: 11/16/2020) |
| 150 | Nov 16, 2020 | View | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/9/20 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: 11/16/2020) |
| 151 | Nov 16, 2020 | View | LETTER RESPONSE to Motion addressed to Judge Jesse M. Furman from Christopher J. Houpt dated 11/16/2020 re: 141 LETTER MOTION to Seal portions of a document addressed to Judge Jesse M. Furman from Robert S. Loigman dated November 13, 2020. . Document filed by Citibank, N.A...(Houpt, Christopher) (Entered: 11/16/2020) |
| 152 | Nov 16, 2020 | View | LETTER addressed to Judge Jesse M. Furman from William Clareman dated November 16, 2020 re: Letter Motion to Seal portions of a document (ECF No. 141). Document filed by Revlon, Inc., Revlon Consumer Products Corporation..(Clareman, William) (Entered: 11/16/2020) |
| 153 | Nov 18, 2020 | View | MEMORANDUM OPINION AND ORDER re: 141 LETTER MOTION to Seal portions of a document addressed to Judge Jesse M. Furman from Robert S. Loigman dated November 13, 2020. filed by Greywolf Loan Management LP, Allstate Investment Management Company, Medalist Partners Corporate Finance LLC, Tall Tree Investment Management LLC, New Generation Advisors LLC, Brigade Capital Management, LP, ZAIS Group LLC, Symphony Asset Management LLC, HPS Investment Partners, LLC, Bardin Hill Loan Management LLC. In light of the foregoing and to ensure that the Court resolves any issues regarding public access to trial exhibits in a timely fashion, the parties are hereby ORDERED to confer with one another and any relevant third parties (including but not limited to Revlon) with respect to how to handle public access issues for exhibits offered or admitted at trial that is, both (1) how to promptly make any such documents available to members of the public and the press if requested; and (2) how to address any claim by a party (or third party) that information or material in a trial exhibit should remain sealed or redacted. In particular, the parties should propose a procedure to ensure that where a party believes that information relevant to the issues in the case should nevertheless remain under seal or be filed in redacted form, that party can be heard on the issue in a timely manner (ideally before trial or, at a minimum, before the document or information is offered or admitted at trial). The parties should file a joint letter proposing how to handle these issues (along with a proposed order, if appropriate) by November 25, 2020. The Clerk of Court is directed to terminate ECF No. 141 and to unseal (that is, convert to public view, with no restrictions) ECF No. 145. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/18/20) (yv) (Entered: 11/18/2020) |
| 154 | Nov 19, 2020 | Request | LETTER MOTION for Conference regarding the request and/or prohibition of the filing of proposed amicus curiae submissions addressed to Judge Jesse M. Furman from Adam M. Abensohn dated November 19, 2020. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Abensohn, Adam) (Entered: 11/19/2020) |
| 155 | Nov 19, 2020 | View | ORDER denying 154 Letter Motion for Conference. Application DENIED. The Court sees no need for a conference. No amicus brief may be filed without leave of court; as of this moment, no motion for such leave has been filed. If a motion for such leave is filed by either of the amici referenced above, the Court will treat this letter as Defendants' opposition to the motion. In that event, Plaintiff may file a letter responding to Defendants' letter within one business day of the motion for leave to file as amicus. The Clerk of Court is directed to terminate ECF No. 154. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/19/20) (yv) (Entered: 11/19/2020) |
| 156 | Nov 19, 2020 | View | PROPOSED STIPULATION AND ORDER. Document filed by Citibank, N.A...(Reynard, Andrew) (Entered: 11/19/2020) |
| 157 | Nov 20, 2020 | Request | MOTION for Leave to File Amicus Brief in Support of Plaintiff. Document filed by Loan Syndications and Trading Association..(Mann, Ronald) (Entered: 11/20/2020) |
| 158 | Nov 20, 2020 | Request | NOTICE OF APPEARANCE by Theodore R. Snyder on behalf of The Clearing House Association LLC, The Clearing House Payments Company LLC, The Bank Policy Institute..(Snyder, Theodore) (Entered: 11/20/2020) |
| 159 | Nov 20, 2020 | Request | NOTICE OF APPEARANCE by Cameron S. Matheson on behalf of The Bank Policy Institute, The Clearing House Association LLC, The Clearing House Payments Company LLC..(Matheson, Cameron) (Entered: 11/20/2020) |
| 160 | Nov 20, 2020 | View | LETTER MOTION for Leave to File Proposed Amicus Brief on behalf of The Clearing House Association LLC, The Clearing House Payments Company LLC and the Bank Policy Institute (BPI) (collectively, Amici) addressed to Judge Jesse M. Furman from Theodore R. Snyder dated November 20, 2020. Document filed by The Bank Policy Institute, The Clearing House Association LLC, The Clearing House Payments Company LLC..(Snyder, Theodore) (Entered: 11/20/2020) |
| 161 | Nov 20, 2020 | View | LETTER addressed to Judge Jesse M. Furman from John F. Baughman dated 11/20/2020 re: Objections to Direct Testimony Declarations. Document filed by Citibank, N.A.. (Attachments: # 1 Exhibit A -- Citibank's Objections).(Reynard, Andrew) (Entered: 11/20/2020) |
| 162 | Nov 20, 2020 | View | LETTER addressed to Judge Jesse M. Furman from Robert S. Loigman dated November 20, 2020 re: Defendants' objections to Citibank's witness declarations, pursuant to ECF No. 139. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC. (Attachments: # 1 Defendants' Objections to Citibank's Witness Declarations).(Loigman, Robert) (Entered: 11/20/2020) |
| 163 | Nov 20, 2020 | View | REPLY re: 143 Proposed Findings of Fact and Conclusions of Law. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert) (Entered: 11/20/2020) |
| 164 | Nov 20, 2020 | View | REPLY MEMORANDUM OF LAW in Support re: 143 Proposed Findings of Fact . Document filed by Citibank, N.A...(Ingber, Matthew) (Entered: 11/20/2020) |
| 165 | Nov 23, 2020 | View | ORDER ESTABLISHING REMOTE BENCH TRIAL PROCEDURES FOR TRIAL. IT IS HEREBY ORDERED THAT:1. Prior Orders and Individual Practices. This Order shall supplement and not supersede the Court's (a) prior Orders setting trial-related procedures and deadlines, (b) Individual Rules and Practices, and (c) Emergency Individual Rules and Practices, all of which remain in effect unless expressly stated herein to the contrary. 2. Telephonic and Videoconferencing Solutions. The Trial shall take place using both telephonic and videoconferencing solutions as set forth herein. This case will be tried to the Court without a jury and entirely by remote means utilizing the platform identified by the Court ("Zoom"), which will be hosted by independent third-party vendor to be determined. The public will be able to observe the trial via an audio-only dial-in number and/or video link, at the Court's discretion, that will be provided on the docket. The Court shall provide the Zoom link to the persons whom the parties identified as Zoom participants according to paragraph 3 below. All counsel and witnesses to participate via Zoom shall participate in appropriate pre-Trial testing of Zoom as may be directed by the Court. During the course of the trial, witnesses appearing via Zoom shall use the Zoom link provided by the Court only at the time they are testifying. 3. Prior Notice of Intent to Zoom. The parties shall provide the Court with a list of the names of all attorneys and witnesses who will attend the Trial via Zoom by no later than three (3) business days before the pre-Trial testing referenced in Paragraph 2. For witnesses, the party offering the witness shall be responsible for ensuring that the witness is given the appropriate Zoom link and as further set forth in this Order. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/23/20) (yv) (Entered: 11/23/2020) |
| 166 | Nov 23, 2020 | Request | LETTER addressed to Judge Jesse M. Furman from Christopher J. Houpt dated November 23, 2020 re: in support of motions for leave to file amicus briefs 157 and 160 and in response to the preemptive opposition filed by Defendants 154 . Document filed by Citibank, N.A...(Houpt, Christopher) (Entered: 11/23/2020) |
| 167 | Nov 24, 2020 | View | ORDER granting 157 and 160 Motions for Leave to File Amicus Briefs. Given that Defendants have already filed over 125 pages of pre-trial briefing, see ECF Nos. 145 and 163 , it is not clear that there is a need or basis for them to respond to the submissions of amici. If Defendants believe otherwise and would like an opportunity to respond with a short submission, they shall file a letter motion to that effect. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 11/24/2020) |
| 168 | Nov 24, 2020 | Request | ORDER. Upon review of the parties' letters, see ECF Nos. 137, 140, the Court concludes that Impact Trial Consulting should be used to facilitate the remote trial proceedings in this case. The parties shall promptly confer with each other and contact Impact Trial Consulting to make the necessary arrangements, including appropriate testing of the platform before trial. The contact information for Impact Trial Consulting is as further set forth in this Order. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/24/20) (yv) (Entered: 11/24/2020) |
| 169 | Nov 24, 2020 | View | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to File Amicus Brief . Document filed by The Bank Policy Institute, The Clearing House Association LLC, The Clearing House Payments Company LLC..(Snyder, Theodore) Modified on 11/24/2020 (kj).As per email request. (Entered: 11/24/2020) |
| 170 | Nov 24, 2020 | Request | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to File Amicus Brief in Support of Plaintiff. Document filed by Loan Syndications and Trading Association..(Mann, Ronald) Modified on 11/25/2020 (ldi). (Entered: 11/24/2020) |
| Nov 25, 2020 | ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Ronald J Mann to RE-FILE Document 170 MOTION to File Amicus Brief in Support of Plaintiff. Use the event type Brief found under the event list Other Documents. (ldi) (Entered: 11/25/2020) | ||
| 171 | Nov 25, 2020 | View | BRIEF of Amicus Curiae in Support of Plaintiff. Document filed by Loan Syndications and Trading Association..(Mann, Ronald) (Entered: 11/25/2020) |
| 172 | Nov 25, 2020 | View | BRIEF of Amici Curae. Document filed by The Bank Policy Institute, The Clearing House Association LLC, The Clearing House Payments Company LLC..(Snyder, Theodore) (Entered: 11/25/2020) |
| 173 | Nov 25, 2020 | View | JOINT LETTER addressed to Judge Jesse M. Furman from All Parties dated November 25, 2020 re: Joint Letter per Court's November 18, 2020 Order. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC. (Attachments: # 1 Exhibit A).(Makhijani, Anil) (Entered: 11/25/2020) |
| 174 | Nov 26, 2020 | Request | ORDER re: 173 Letter and Proposed Order: The parties are advised that the Court has signed their proposed order - although it will not be docketed until November 30, 2020, when the Clerk's Office reopens. Accordingly, the parties are required to comply with the November 30th deadlines. The Court wishes all counsel a very happy Thanksgiving. (HEREBY ORDERED by Judge Jesse M. Furman) (Text Only Order) (Furman, Jesse) (Entered: 11/26/2020) |
| 175 | Nov 30, 2020 | View | ORDER ESTABLISHING PROCEDURES FOR REDACTION OF TRIAL EXHIBITS: This action is scheduled for a bench trial to begin on December 9, 2020. Pursuant to this Order, and after due deliberation, this Court adopts the following procedures to ensure public access to exhibits which are introduced into evidence during the trial. IT IS HEREBY ORDERED THAT: 1. By November 30, 2020, the parties shall identify to relevant third parties, exhibits that are included on their respective exhibit lists that were produced by that third party. 2. By December 3, 2020, any party or third party that believes any document identified on either party's exhibit list should remain under seal or be made available to the public in redacted form, shall identify such exhibits to the parties and provide the parties with (a) a redacted copy of the document and (b) a highlighted copy of the document that identifies the redacted portion, as further set forth in this Order. (Signed by Judge Jesse M. Furman on 11/25/2020) (mml) (Entered: 11/30/2020) |
| 176 | Dec 2, 2020 | Request | ORDER. Upon review of the parties pre-trial submissions, the Court remains concerned that, because the lenders and actual recipients of the funds at issue are not parties in this case, there is a real risk of future litigation, whatever the outcome of the upcoming trial may be. To address that concern, counsel shall appear for a telephone conference tomorrow, December 3, 2020 at 12:00 p.m. Counsel should be prepared to address whether, or in what way, Rule 19 of the Federal Rules of Civil Procedures has any bearing on the matter. By 5:00 p.m. today, counsel shall email to the Court the names and telephone numbers of those who will have speaking roles at the conference, and the Court will provide call-in information to those counsel. All others counsel who will not have speaking roles and members of the public may listen to the conference by calling the Court's dedicated conference call line at (888) 363-4749 and using access code 542-1540 followed by the pound (#) key. The parties are reminded to follow the procedures for teleconferences described in the Court's Emergency Individual Rules and Practices in Light of COVID-19, which are available at https://nysd.uscourts.gov/hon-jesse-m-furman. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/2/20) (yv) (Entered: 12/02/2020) |
| 177 | Dec 2, 2020 | Request | ORDER, In preparing for trial, the Court has come to the conclusion that there is a potential jurisdictional problem that, regrettably, the parties and the Court previously overlooked as further set forth in this Order. Although the Court overlooked the issue until now, the third Complaint plainly fails to comply with these rules. Specifically, it alleges that the named Defendants are either LLCs or LPs, but it fails to allege the citizenship of Defendants' members and partners. And upon reflection, while the first and second Complaints allege that the named Defendants are "corporations" (and would properly plead their citizenship if they were, in fact, corporations), it is pretty clear from their names that they too are LLCs. Thus, at present, Citibank has not established that this Court has subject-matter jurisdiction. If the parties are able to swiftly confirm that they are actually completely diverse and the problem is merely one of pleading, it may have no bearing on the trial date. But, mindful that Court has an independent obligation to confirm its jurisdiction at all times and that subject-matter jurisdiction is not waivable (and may be raised even after judgment), the Court is not prepared to make matters worse by commencing trial if the issue is in doubt. And, of course, if there is no diversity, the Court would have no choice but to dismiss the case without prejudice. Counsel should be prepared to address these issues during the telephone conference scheduled for tomorrow. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/2/20) (yv) (Entered: 12/02/2020) |
| Dec 3, 2020 | Minute Entry for proceedings held before Judge Jesse M. Furman: Status Conference held via teleconference on 12/3/2020. Jack Baughman, Matt Inger, and Chris Houpt present for Plaintiff. Robert Loigman, Benjamin Finestone, and Adam Abensohn present for Defendants. (ab) (Entered: 12/03/2020) | ||
| 178 | Dec 4, 2020 | View | ORDER: Both the final pretrial conference scheduled for December 7, 2020 at 10:00 a.m. and the trial beginning on December 9, 2020 at 9:00 a.m. will be conducted remotely using the Impact Trial Consulting Zoom platform in accordance with both the Courts order of November 24, 2020, ECF No. 168, and Rule 2(A) of the Court's Emergency Individual Rules and Practices in Light of COVID-19... Members of the public may listen to the final pretrial conference and trial proceedings by calling the Courts dedicated conference call line at (888) 363-4749 and using access code 542-1540 followed by the pound (#) key. In addition, a video feed will be provided within the courthouse to in-house press upon request. Members of the press should contact the District Executive's office at 212-805-0513 or Media_inquiries@nysd.uscourts.gov for further information. (See ORDER.) (Signed by Judge Jesse M. Furman on 12/4/2020) (ab) (Entered: 12/04/2020) |
| 179 | Dec 4, 2020 | View | LETTER addressed to Judge Jesse M. Furman from Benjamin I. Finestone dated December 4, 2020 re: the Court's Order dated December 2, 2020 (ECF No. 177). Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Finestone, Benjamin) (Entered: 12/04/2020) |
| 180 | Dec 7, 2020 | Request | NOTICE OF APPEARANCE by Hannah Cherokee Banks on behalf of Citibank, N.A...(Banks, Hannah) (Entered: 12/07/2020) |
| 181 | Dec 7, 2020 | View | JOINT PRE-TRIAL ORDER: The Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. ?? 1332(a)(1) because the amount in controversy exceeds $75,000 and the parties are citizens of different states. Defendants do not dispute subject matter jurisdiction. Pursuant to Paragraph 8(e) of the Scheduling Order (Dkt. No. 41) and Paragraph 5.E.ii of the Court' Individual Rules and Practices in Civil Cases, the parties have served separately their deposition designations, counter-designations, objections and a one-page synopsis (with transcript citations) of their affirmative designations on each other and have also emailed them to the Court. Attached as Exhibits B.1 and B.2 are charts setting out the parties' deposition designations, counter-designations and objections. Th is Order (and the attachments, which appear as exhibits to ECF No. 144) are adopted by the Court, as modified by any rulings that the Court has made (at the final pretrial conference and before). (And as further set forth herein.) SO ORDERED. (Signed by Judge Jesse M. Furman on 12/7/2020) (jca) (Entered: 12/07/2020) |
| Dec 7, 2020 | Minute Entry for proceedings held before Judge Jesse M. Furman:Final Pretrial Conference held via videoconference on 12/7/2020. Jack Baughman, Matt Ingber, Chris Houpt, and Richard Spehr present for Plaintiff. Robert Loigman, Benjamin Finestone, Adam Abensohn, and Sophia Qasir present for Defendants. Court reporter present. (ab) (Entered: 12/07/2020) | ||
| 182 | Dec 7, 2020 | View | ORDER, As the Court has already indicated, ECF No. 178, the trial beginning on December 9, 2020 at 9:00 a.m. will be conducted remotely using the Impact Trial Consulting Zoom platform in accordance with both the Court's order of November 24, 2020, ECF No. 168, and Rule 2(A) of the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/hon-jesse-m-furman. Participants with speaking roles should access the conference and trial using the login credentials and instructions provided to them by Impact. Members of the public may listen to the final pretrial conference and trial proceedings by calling the Court's dedicated conference call line at (888) 363-4749 and using access code 542-1540 followed by the pound (#) key. In addition, a video feed will be provided within the courthouse in the jury assembly room in the Daniel Patrick Moynihan Courthouse at 500 Pearl Street, New York, NY 10007. Members of the press should contact the District Executive's office at 212-805-0513 or Media_inquiries@nysd.uscourts.gov for further information. Further, as discussed on the record earlier today at the final pretrial conference: No later than 12:00 p.m., tomorrow, December 8, 2020, the parties shall file a joint letter on ECF (1) updating the Court as to the status of the investigation into the citizenship of the remaining two Defendants whose citizenship has not been determined (and providing the particulars of where that investigation stands if it is not yet complete); and (2) updating the Court on the status of the parties' discussions concerning certain objections for which an advance ruling was requested (namely, those pertaining to certifications under Fed. R. Evid. 902(11)). No later than 5:00 p.m., tomorrow, December 8, 2020, Defendants shall file a letter with their intended order of witnesses to be called in their case in chief. No later than 5:00 p.m., tomorrow, December 8, 2020, the parties shall send the court reporters a list of names likely to come up during trial. The parties shall file the affidavits submitted by their witnesses in lieu of direct testimony no later than the morning of the day such witness will testify. SO ORDERED. ( Telephone Conference set for 12/9/2020 at 09:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 12/7/20) (yv) (Entered: 12/07/2020) |
| 183 | Dec 7, 2020 | View | ORDER. As discussed on the record earlier today at the final pretrial conference, the temporary restraining orders initially entered at ECF No. 25; 20-CV-6617, ECF No. 16; and 20-CV-6713, ECF No. 14, and subsequently extended through the date of trial, ECF No. 94, are hereby EXTENDED, on the consent of the parties, through the date the Court issues its Findings of Fact and Conclusions of Law following trial. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/7/20) Filed In Associated Cases: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF, 1:20-cv-06713-JMF (yv) (Entered: 12/07/2020) |
| 184 | Dec 7, 2020 | Request | TRANSCRIPT of Proceedings re: CONFERENCE held on 12/3/2020 before Judge Jesse M. Furman. 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 12/28/2020. Redacted Transcript Deadline set for 1/7/2021. Release of Transcript Restriction set for 3/8/2021.Filed In Associated Cases: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF, 1:20-cv-06713-JMF.(McGuirk, Kelly) (Entered: 12/07/2020) |
| 185 | Dec 7, 2020 | Request | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/3/20 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: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF, 1:20-cv-06713-JMF.(McGuirk, Kelly) (Entered: 12/07/2020) |
| 186 | Dec 8, 2020 | View | JOINT LETTER addressed to Judge Jesse M. Furman from Matthew D. Ingber and Benjamin I. Finestone dated December 8, 2020 re: Joint Letter Pursuant to Court's December 7, 2020 Order (ECF No. 182). Document filed by Citibank, N.A...(Ingber, Matthew) (Entered: 12/08/2020) |
| 187 | Dec 8, 2020 | View | JOINT LETTER addressed to Judge Jesse M. Furman from Sophia Qasir and Allison Zolot dated December 8, 2020 re: Evidentiary Issues. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC. (Attachments: # 1 Exhibit A - Proposed Stipulation and Order).(Qasir, Sophia) (Entered: 12/08/2020) |
| 188 | Dec 8, 2020 | Request | LETTER addressed to Judge Jesse M. Furman from Sophia Qasir dated December 8, 2020 re: 902(11) Certifications. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Highland Capital Management Fund Advisors LP, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC. (Attachments: # 1 Exhibit A Certification from ZAIS Under Rule 902(11) of the Federal Rules of Evidence, # 2 Exhibit B Certification from Allstate Under Rule 902(11) of the Federal Rules of Evidence).(Qasir, Sophia) (Entered: 12/08/2020) |
| 189 | Dec 8, 2020 | View | JOINT STIPULATION AND ORDER. Subject to the Court's approval, the parties to the above-captioned litigation hereby stipulate: 1. Each of the trial exhibits from Plaintiff's Exhibit List as to which there is no objection, and is identified in Appendix A attached hereto, shall be admitted into evidence at the trial of this action. 2. Each of the trial exhibits from Defendants Exhibit List as to which there is no objection, and is identified in Appendix B attached hereto, shall be admitted into evidence at the trial of this action. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/8/20) (yv) (Entered: 12/08/2020) |
| 190 | Dec 8, 2020 | View | LETTER addressed to Judge Jesse M. Furman from Benjamin I. Finestone dated December 8, 2020 re: Witness Order. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Finestone, Benjamin) (Entered: 12/08/2020) |
| 191 | Dec 8, 2020 | View | ORDER: For the reasons set forth within, the case can proceed to trial as to those seven Defendants the parties have confirmed are completely diverse from Plaintiff (pursuant to 28 U.S.C. ?? 1332), the Court is prepared to proceed with trial, subject to the following requirements and understandings to pin down the presence and basis for subject-matter jurisdiction as to each Defendant... (See ORDER.) (Signed by Judge Jesse M. Furman on 12/8/2020) (ab) (Entered: 12/08/2020) |
| 192 | Dec 8, 2020 | Request | ORDER regarding sealing and redacting of trial exhibits: On December 7, 2020, the Court received a letter by email from counsel for non-party subpoena respondent Virtus Partners LLP ("Virtus"), pursuant to ECF No. 175 . The letter - which will be docketed tomorrow - submits that various documents produced by Virtus to the parties and marked by one or both parties as trial exhibits "should remain confidential as originally designated" and that the parties "do not oppose this position or [Virtus's] requested treatment of the Exhibits." If or when any of these exhibits is offered into evidence at trial and becomes a "judicial document" subject to the presumption in favor of public access, the Court is skeptical that Virtus's proffered interests in confidentiality would justify sealing the exhibit in its entirety; at most, the Court would think, any sensitive information could and should be redacted from the publicly filed document. (The Court notes, in that regard, that exhibits offered at trial will not be filed on ECF; per the Court's Rules, they will be kept in the custody of the parties.) Counsel should be prepared to discuss this matter - as well as (1) a procedure for handling any of the exhibits at issue in the event that a party offers one into evidence and (2) how to handle requests for exhibits from members of the press or public - at the outset of the proceedings tomorrow. Counsel for Citibank shall immediately email a copy of this order to counsel for Virtus. If counsel for Virtus wishes to be heard in connection with the matter, the parties should make arrangements (with counsel and the Impact trial team) for counsel to appear (by video or telephone) tomorrow morning at 9 a.m. (HEREBY ORDERED by Judge Jesse M. Furman) (Text Only Order) (Furman, Jesse) (Entered: 12/08/2020) |
| 193 | Dec 8, 2020 | View | AMENDED COMPLAINT amending 1 Complaint against Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC.Document filed by Citibank, N.A.. Related document: 1 Complaint..(Ingber, Matthew) (Entered: 12/08/2020) |
| 194 | Dec 8, 2020 | View | PROPOSED STIPULATION AND ORDER. Document filed by Citibank, N.A...(Reynard, Andrew) (Entered: 12/08/2020) |
| 195 | Dec 8, 2020 | View | DECLARATION of Vincent Farrell . Document filed by Citibank, N.A...(Ingber, Matthew) (Entered: 12/08/2020) |
| 196 | Dec 8, 2020 | View | DECLARATION of Vincent Fratta . Document filed by Citibank, N.A...(Ingber, Matthew) (Entered: 12/08/2020) |
| 197 | Dec 8, 2020 | View | DECLARATION of Arokia Raj . Document filed by Citibank, N.A...(Ingber, Matthew) (Entered: 12/08/2020) |
| 198 | Dec 8, 2020 | View | DECLARATION of Santhosh Kuppusamy Ravi . Document filed by Citibank, N.A...(Ingber, Matthew) (Entered: 12/08/2020) |
| 199 | Dec 8, 2020 | View | DECLARATION of Brendan Zeigon . Document filed by Citibank, N.A...(Ingber, Matthew) (Entered: 12/08/2020) |
| 200 | Dec 8, 2020 | View | LETTER addressed to Judge Jesse M. Furman from John F. Baughman dated December 8, 2020 re: 902(11) Certifications (Response to Dkt. No. 188). Document filed by Citibank, N.A...(Reynard, Andrew) (Entered: 12/09/2020) |
| 203 | Dec 8, 2020 | Request | ENDORSED LETTER addressed to Judge Jesse M. Furman from Stephen Williams dated 12/7/2020 re: Counsel for non-party subpoena respondent Virtus Partners LLP writes with respect to the Courts order in the above-referenced case dated November 30, 2020 (the Order) (ECF No. 175.). ENDORSEMENT: As counsel provides no basis to keep this letter sealed (despite its being labeled "confidential"), the Clerk of Court is directed to docket it. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/8/2020) (ab) (Entered: 12/09/2020) |
| 201 | Dec 9, 2020 | View | DECLARATION of Richard Bram Smith . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert) (Entered: 12/09/2020) |
| 202 | Dec 9, 2020 | View | DECLARATION of Pierto U. Vinella . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert) (Entered: 12/09/2020) |
| 204 | Dec 9, 2020 | Request | JOINT STIPULATION AND ORDER: The parties stipulate: 1. As indicated in PX 492 and PX 519, one of the wire transfers sent by Citibank,N.A. ("Citibank") on August 11, 2020 (the "August 11 Transfers")a $30,737,304.49 transfer directed to the HPS-managed GIM Credit Master Lux S..r.l.was wired to a bank account located in Luxembourg, where that entity is domiciled. 2. As indicated in PX 1598 and PX 123, another one of the August 11 Transfers sent by Citibanka $3,681,822.01 transfer directed to the Brigade-managed Future Directions Credit Opportunities Fundwas wired to a bank account in Australia for the benefit of that Brigade-managed fund. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/9/2020) (jca) (Entered: 12/09/2020) |
| 205 | Dec 9, 2020 | View | DECLARATION of Jeffrey Frusciante . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert) (Entered: 12/09/2020) |
| 206 | Dec 9, 2020 | View | DECLARATION of Matt Perkal . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert) (Entered: 12/09/2020) |
| 207 | Dec 9, 2020 | View | DECLARATION of Steven Abrams . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert) (Entered: 12/09/2020) |
| 208 | Dec 9, 2020 | View | DECLARATION of Scott Crocombe . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert) (Entered: 12/09/2020) |
| 209 | Dec 9, 2020 | View | DECLARATION of John Greene . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert) (Entered: 12/09/2020) |
| 210 | Dec 9, 2020 | View | DECLARATION of Catherine McCoy . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert) (Entered: 12/09/2020) |
| 211 | Dec 9, 2020 | View | DECLARATION of George Xanthakys . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert) (Entered: 12/09/2020) |
| Dec 9, 2020 | Minute Entry for proceedings held before Judge Jesse M. Furman: Bench Trial begun on 12/9/2020. Jack Baughman, Matthew Ingber, Christopher Houpt, and Richard Spehr present for Plaintiff. Robert Loigman, Benjamin Finestone, Adam Abensohn, and Sophia Qasir present for Defendants. Court reporter present. -- See transcript. (ab) (Entered: 12/11/2020) | ||
| 212 | Dec 10, 2020 | View | DECLARATION of Scott Caraher . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert) (Entered: 12/10/2020) |
| 213 | Dec 10, 2020 | View | DECLARATION of Frederick Baily Dent . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert) (Entered: 12/10/2020) |
| 214 | Dec 10, 2020 | View | DECLARATION of Michael Josephson . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert) (Entered: 12/10/2020) |
| 215 | Dec 10, 2020 | View | DECLARATION of Eric Lee . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert) (Entered: 12/10/2020) |
| 216 | Dec 10, 2020 | View | DECLARATION of William Lenga . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert) (Entered: 12/10/2020) |
| 217 | Dec 10, 2020 | View | DECLARATION of Melross Meneses . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert) (Entered: 12/10/2020) |
| 218 | Dec 10, 2020 | View | DECLARATION of Jeremy Phipps . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert) (Entered: 12/10/2020) |
| 219 | Dec 10, 2020 | View | DECLARATION of John Vaughan . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert) (Entered: 12/10/2020) |
| Dec 10, 2020 | Minute Entry for proceedings held before Judge Jesse M. Furman: Bench Trial held on 12/10/2020. -- See transcript. (ab) (Entered: 12/11/2020) | ||
| Dec 11, 2020 | Minute Entry for proceedings held before Judge Jesse M. Furman: Bench Trial held on 12/11/2020. -- See transcript. (ab) (Entered: 12/11/2020) | ||
| 220 | Dec 11, 2020 | View | TRANSCRIPT of Proceedings re: CONFERENCE held on 12/7/2020 before Judge Jesse M. Furman. Court Reporter/Transcriber: Pamela Utter, (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 1/4/2021. Redacted Transcript Deadline set for 1/11/2021. Release of Transcript Restriction set for 3/11/2021.Filed In Associated Cases: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF, 1:20-cv-06713-JMF.(McGuirk, Kelly) (Entered: 12/11/2020) |
| 221 | Dec 11, 2020 | Request | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/7/20 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: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF, 1:20-cv-06713-JMF.(McGuirk, Kelly) (Entered: 12/11/2020) |
| 222 | Dec 13, 2020 | View | PROPOSED STIPULATION AND ORDER. Document filed by Citibank, N.A...(Reynard, Andrew) (Entered: 12/13/2020) |
| 223 | Dec 14, 2020 | Request | JOINT STIPULATION AND ORDER. The parties stipulate: In addition to the two international wire transfers described in the Stipulation and Order dated December 9, 2020 (see ECF No. 209), another one of the wire transfers sent by Citibank, N.A. on August 11, 2020 in connection with the 2016 Revlon Term Loana $7,510,866.73 transfer directed to the Brigade-managed Mediolanum Best Brands, which is domiciled in Ireland-was wired to a bank account located in Luxembourg for the benefit of that Brigade-Managed fund. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/14/20) (yv) (Entered: 12/14/2020) |
| 224 | Dec 14, 2020 | View | JOINT LETTER addressed to Judge Jesse M. Furman from Andrew Reynard and Anil Makhijani dated December 14, 2020 re: Revised Exhibit A to Joint Pretrial Order (ECF No. 144-1). Document filed by Citibank, N.A.. (Attachments: # 1 Exhibit A).(Reynard, Andrew) (Entered: 12/14/2020) |
| 225 | Dec 14, 2020 | View | DECLARATION of Mark A. Sunshine . Document filed by Citibank, N.A...(Ingber, Matthew) (Entered: 12/14/2020) |
| 226 | Dec 14, 2020 | View | DECLARATION of John Byrne . Document filed by Citibank, N.A...(Ingber, Matthew) (Entered: 12/14/2020) |
| Dec 14, 2020 | Minute Entry for proceedings held before Judge Jesse M. Furman: Bench Trial held on 12/14/2020. Court reporter present. -- See transcript. (ab) (Entered: 12/15/2020) | ||
| 227 | Dec 15, 2020 | View | SUPPLEMENTAL MEMORANDUM OF LAW . Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert) (Entered: 12/15/2020) |
| 228 | Dec 15, 2020 | View | LETTER addressed to Judge Jesse M. Furman from Benjamin I. Finestone dated December 15, 2020 re: Citizenship of Defendants. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC. (Attachments: # 1 Appendix A - Filed Under Seal).(Finestone, Benjamin) (Entered: 12/15/2020) |
| 229 | Dec 15, 2020 | View | LETTER addressed to Judge Jesse M. Furman from Matthew D. Ingber dated December 15, 2020 re: Court Directed Supplemental Briefing. Document filed by Citibank, N.A...(Ingber, Matthew) (Entered: 12/15/2020) |
| 230 | Dec 15, 2020 | View | LETTER MOTION to Seal Appendix A addressed to Judge Jesse M. Furman from Benjamin I. Finestone dated December 15, 2020. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Finestone, Benjamin) (Entered: 12/15/2020) |
| 231 | Dec 15, 2020 | Request | ***SELECTED PARTIES*** LETTER addressed to Judge Jesse M. Furman from Benjamin I. Finestone dated December 15, 2020 re: Citizenship of Defendants. Document filed by Medalist Partners Corporate Finance LLC, HPS Investment Partners, LLC, Brigade Capital Management, LP, Citibank, N.A., Greywolf Loan Management LP, New Generation Advisors LLC, Bardin Hill Loan Management LLC, Allstate Investment Management Company, Symphony Asset Management LLC, ZAIS Group LLC, Tall Tree Investment Management LLC. (Attachments: # 1 Appendix A)Motion or Order to File Under Seal: 230 .(Finestone, Benjamin) (Entered: 12/15/2020) |
| 232 | Dec 15, 2020 | View | MEMO ENDORSEMENT: on re: 224 Letter filed by Citibank, N.A. ENDORSEMENT: SO ORDERED. (Signed by Judge Jesse M. Furman on 12/15/2020) (ama) (Entered: 12/15/2020) |
| Dec 15, 2020 | Minute Entry for proceedings held before Judge Jesse M. Furman: Bench Trial held on 12/15/2020. Court reporter present. --See transcript. (ab) (Entered: 12/16/2020) | ||
| 233 | Dec 16, 2020 | View | ORDER granting 230 Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to make ECF No. 231 publicly available; ECF No. 231-1, however, shall remain under seal. The Clerk of Court is also directed to terminate ECF No. 230. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/16/20) (yv) (Entered: 12/16/2020) |
| Dec 16, 2020 | Minute Entry for proceedings held before Judge Jesse M. Furman: Bench Trial completed on 12/16/2020. Court reporter present. -- Decision reserved. See transcript. (ab) (Entered: 12/16/2020) | ||
| 234 | Dec 18, 2020 | View | ANSWER to 193 Amended Complaint,. Document filed by Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC..(Loigman, Robert) (Entered: 12/18/2020) |
| 236 | Jan 22, 2021 | View | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 12/9/20 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: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF, 1:20-cv-06713-JMF.(McGuirk, Kelly) (Entered: 01/22/2021) |
| 238 | Jan 22, 2021 | Request | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 12/10/20 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: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF, 1:20-cv-06713-JMF.(McGuirk, Kelly) (Entered: 01/22/2021) |
| 240 | Jan 22, 2021 | Request | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 12/11/20 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: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF, 1:20-cv-06713-JMF.(McGuirk, Kelly) (Entered: 01/22/2021) |
| 242 | Jan 22, 2021 | Request | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 12/14/20 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: 1:20-cv-06539-JMF, 1:20-cv-06617-JMF, 1:20-cv-06713-JMF.(McGuirk, Kelly) (Entered: 01/22/2021) |
| Jan 22, 2021 | ***DELETED DOCUMENT. Deleted document number [235, 237,239, 241, 243] TRANSCRIPT. The document was incorrectly filed in this case. (kv) (Entered: 02/09/2021) | ||
| 243 | Feb 16, 2021 | View | FINDINGS OF FACT AND CONCLUSIONS OF LAW. At its heart, this case involves a clash between two basic intuitive principles. On the one hand, if one party sends money to another by mistake, the latter should generally be required to give it back. On the other hand, if one party owes money to another and pays that money back to the penny, the latter should generally be allowed to keep and use the money as it wishes, without fear that the former will develop a case of borrower's remorse and claim that the payment was by mistake. How to reconcile these principles would be hard enough in the abstract. It is even harder in an age when money can be transmitted from one party to another instantaneously and investors can, and often do, redeploy available funds almost as quickly. Were the Court writing on a blank slate, it is far from clear that it would reconcile these principles in a way that allowed the Non-Returning Lenders to keep the money that Citibank indisputably transferred by mistake. After all, Citibank realized its error and notified the Lenders within one day, and there is no evidence or suggestion that, in the intervening hours, the Non- Returning Lenders relied to their detriment on the belief that the transfers were an intentional, albeit unexpected, paydown of the 2016 Term Loan. But the Court does not write on a blank slate. Instead, it is bound by the decisions of the New York Court of Appeals and the Second Circuit in Banque Worms. The New York Court of Appeals settled the question of whether lenders like those here must prove detrimental reliance in order to keep money that appears to be the payment on a bona fide debt. They do not. And in light of the Banque Worms opinions, the relevant time for evaluating whether a lender was on notice of a mistaken payment is clear. It is when the payment is received. These decisions compel the Court to conclude that the Non-Returning Lenders are entitled to keep the money that Citibank indisputably transferred by mistake on August 11, 2020. That is, for the reasons discussed above, the Court finds that the Non-Returning Lenders were not on notice of Citibank's mistake when they received the transfers. The transfers matched to the penny the amount of principal and interest outstanding on the loan. The accompanying notices referred to interest being "due," and the only way in which that would have been accurate was if Revlon was making a principal prepayment. And it appears that no mistake of the size or nature of Citibank's had ever happened before. Faced with these circumstances, the Non- Returning Lenders believed, and were justified in believing, that the payments were intentional. Indeed, to believe otherwise to believe that Citibank, one of the most sophisticated financial institutions in the world, had made a mistake that had never happened before, to the tune of nearly $1 billion would have been borderline irrational. Accordingly, and for the reasons discussed above, the Court holds that the August 11th wire transfers at issue were "final and complete transaction[s], not subject to revocation." Banque Worms, 570 N.E.2d at 196. The Clerk of Court is therefore directed to enter judgment in favor of Defendants and to close this case. That said, Defendants and their clients are not yet necessarily free to do with the money what they want. Given the possibility of appeal, Defendants agreed on the record at the close of trial that, in the event of a ruling in their favor on the merits, the temporary restraining orders currently in effect should remain in place until the parties could brief, and the Court could decide, what impact the ruling has on them. See Tr. 1333-35. Accordingly, unless and until the Court orders otherwise, the temporary restraining orders at ECF No. 25; 20-CV-6617, ECF No. 16; and 20-CV-6713, ECF No. 14, remain in effect on Defendants' consent. Counsel shall promptly confer and, within one week of the date of this ruling, submit a joint letter either indicating agreement with respect to the impact of this ruling on the temporary restraining orders (in which case, counsel shall also submit an agreed-upon proposed order consistent with their agreement) or proposing a briefing schedule to address the issue. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/16/21) (yv) Transmission to Orders and Judgments Clerk for processing. (Entered: 02/16/2021) |
| 244 | Feb 16, 2021 | View | CLERK'S JUDGMENT re: 243 Findings of Fact & Conclusions of Law in favor of Allstate Investment Management Company, Bardin Hill Loan Management LLC, Brigade Capital Management, LP, Greywolf Loan Management LP, HPS Investment Partners, LLC, Medalist Partners Corporate Finance LLC, New Generation Advisors LLC, Symphony Asset Management LLC, Tall Tree Investment Management LLC, ZAIS Group LLC against Citibank, N.A. It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Findings of Fact and Conclusions of Law dated February 16, 2021, at its heart, this case involves a clash between two basic intuitive principles. On the one hand, if one party sends money to another by mistake, the latter should generally be required to give it back. On the other hand, if one party owes money to another and pays that money back to the penny, the latter should generally be allowed to keep and use the money as it wishes, without fear that the former will develop a case of borrower's remorse and claim that the payment was by mistake. How to reconcile these principles would be hard enough in the abstract. It is even harder in an age when money can be transmitted from one party to another instantaneously and investors can, and often do, redeploy available funds almost as quickly. Were the Court writing on a blank slate, it is far from clear that it would reconcile these principles in a way that allowed the Non-Returning Lenders to keep the money that Citibank indisputably transferred by mistake. After all, Citibank realized its error and notified the Lenders within one day, and there is no evidence or suggestion that, in the intervening hours, the Non- Returning Lenders relied to their detriment on the belief that the transfers were an intentional, albeit unexpected, paydown of the 2016 Term Loan. But the Court does not write on a blank slate. Instead, it is bound by the decisions of the New York Court of Appeals and the Second Circuit in Banque Worms. The New York Court of Appeals settled the question of whether lenders like those here must prove detrimental reliance in order to keep money that appears to be the payment on a bona fide debt. They do not. And in light of the Banque Worms opinions, the relevant time for evaluating whether a lender was on notice of a mistaken payment is clear. It is when the payment is received. These decisions compel the Court to conclude that the Non- Returning Lenders are entitled to keep the money that Citibank indisputably transferred by mistake on August 11, 2020. That is, for the reasons discussed above, the Court finds that the Non- Returning Lenders were not on notice of Citibank's mistake when they received the transfers. The transfers matched to the penny the amount of principal and interest outstanding on the loan. The accompanying notices referred to interest being "due," and the only way in which that would have been accurate was if Revlon was making a principal prepayment. And it appears that no mistake of the size or nature of Citibank's had ever happened before. Faced with these circumstances, the Non- Returning Lenders believed, and were justified in believing, that the payments were intentional. Indeed, to believe otherwise to believe that Citibank, one of the most sophisticated financial institutions in the world, had made a mistake that had never happened before, to the tune of nearly $1 billion would have been borderline irrational. Accordingly, and for the reasons discussed above, the Court holds that the August 11th wire transfers at issue were "final and complete transaction[s], not subject to revocation." Banque Worms, 570 N.E.2d at 196. That said, Defendants and their clients are not yet necessarily free to do with the money what they want. Given the possibility of appeal, Defendants agreed on the record at the close of trial that, in the event of a ruling in their favor on the merits, the temporary restraining orders currently in effect should remain in place until the parties could brief, and the Court could decide, what impact the ruling has on them. See Tr. 1333-35. Accordingly, unless and until the Court orders otherwise, the temporary restraining orders at ECF No. 25; 20-CV-6617, ECF No. 16; and 20- CV-6713, ECF No. 14, remain in effect on Defendants' consent. Judgment is entered in favor of the Defendants; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 2/16/2021) (Attachments: # 1 Right to Appeal) (km) (Entered: 02/16/2021) |
| Feb 16, 2021 | Terminate Transcript Deadlines (km) (Entered: 02/16/2021) | ||
| 245 | Feb 23, 2021 | View | JOINT LETTER addressed to Judge Jesse M. Furman from Matthew D. Ingber and Robert S. Loigman dated February 23, 2021 re: Joint letter to Court proposing briefing schedule on motion for injunction pending appeal. Document filed by Citibank, N.A...(Ingber, Matthew) (Entered: 02/23/2021) |
| 246 | Feb 23, 2021 | View | MEMO ENDORSEMENT on re: 245 Letter, filed by Citibank, N.A.. ENDORSEMENT: The parties' proposed briefing schedule is adopted. Citibank is granted leave to file a reply, but it shall do so by March 17, 2021. SO ORDERED. (Motions due by 3/2/2021., Responses due by 3/12/2021, Replies due by 3/17/2021.) (Signed by Judge Jesse M. Furman on 2/23/2021) (kv) (Entered: 02/23/2021) |
| 247 | Feb 26, 2021 | Request | MOTION for Neal Kumar Katyal to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24127647. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Citibank, N.A.. (Attachments: # 1 Affidavit, # 2 DC Good Standing Certificate, # 3 Text of Proposed Order).(Katyal, Neal) (Entered: 02/26/2021) |
| 248 | Feb 26, 2021 | Request | MOTION for Nicole A. Saharsky to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24130393. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Citibank, N.A.. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing (DC), # 3 Text of Proposed Order).(Saharsky, Nicole) (Entered: 02/26/2021) |
| 249 | Feb 26, 2021 | View | NOTICE OF APPEAL from 244 Clerk's Judgment,,,,,,,,,,,,,,,,,, 243 Findings of Fact & Conclusions of Law,,,,,,,,,,,,,,,,,. Document filed by Citibank, N.A.. Filing fee $ 505.00, receipt number ANYSDC-24130520. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Ingber, Matthew) (Entered: 02/26/2021) |