ENDORSED LETTER addressed to Judge Victor Marrero from Lance Gotthoffer dated 4/30/2010 re: Counsel for Defendants/Crossclaimants write further to the Court's Order of 4/9/2010, a copy of which is attached. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants/crossclaimants. (Signed by Judge Victor Marrero on 4/30/2010) (tro) (Entered: 04/30/2010)
137
Filed: 4/9/2010, Entered: None
ENDORSED LETTER addressed to Judge Victor Marrero from Jonathan L. Hochman dated 4/8/2010 re: This firm represents Defendant-in-Interpleader/Cross-Claimant Franklin Advisers, Inc. ("Franklin Advisers") in the above-referenced proceeding (the "Action"). We write to update the Court on the status of negotiations between the parties with respect to submitting this matter to arbitration and to request that Your Honor informally preserve the trial date previously scheduled by Your Honor. ENDORSEMENT: Request GRANTED. The Conditional Order of Discontinuance herein is amended to extend until 4-29-10 the date by which plaintiff may restore the action to the Courts active calendar in the event an arbitration agreement is not reached. SO ORDERED. (Signed by Judge Victor Marrero on 4/9/2010) (jmi) Modified on 4/21/2010 (jmi). (Entered: 04/09/2010)
CONDITIONAL ORDER OF DISCONTINUANCE WITHOUT PREJUDICE, that this action be conditionally discontinued without prejudice and without costs; provided, however, that within thirty (30) days of the date of this Order, the parties may submit to the Court their own Stipulation of Dismissal for the Court to So Order. Otherwise, within such time counsel for any party may apply by letter for restoration of the action to the active calendar of this Court in the event by the deadline indicated the parties have not reached an arbitration agreement. Upon such notification, the parties shall continue to be subject to the Court's jurisdiction. By their consent to the entry of this Order the parties have agreed that: (1) the funds interpleaded in this action and held by the Registry of the Court shall remain in such Registry subject to further Order by this Court until a final judgment in this action is entered and shall not be drawn upon except by agreement of the parties so ordered by the Court; (2) they shall be deemed to have waived asserting any new defenses based on statutes of limitations; and (3) in the event an award is rendered in the arbitration proceeding, the parties may resume action in this Court with regard to such award and to resolve any issues that may remain open in the instant litigation that require adjudication for entry of a final judgment. The Court shall then promptly reinstate the action and any pending motions to its active docket and the parties shall be directed to appear before the Court, without the necessity of additional process, on a date within ten days of a party's application for reinstatement, to schedule remaining proceedings and/or consider necessary motions, as appropriate. Any further conferences with the Court scheduled in this action are canceled but shall be rescheduled as set forth above in the event any party notifies the Court that such conference is necessary to resume further proceedings herein. The Clerk of Court is directed to withdraw any pending motions and to close this case. SO ORDERED. (Signed by Judge Victor Marrero on 3/30/2010) (jmi) (Entered: 03/30/2010)
NOTICE OF TRIAL AND SCHEDULING ORDER: Counsel for all parties are advised that trial of this action has been scheduled to commence before the Honorable Victor Marrero on June 21, 2010 at the United States Courthouse, 500 Pearl Street, New York, New York. The parties are directed to review the Court's Individual Practices and, in accordance therewith, submit by not later than May 21, 2010, the joint Pre-Trial Order and other trial-related materials specified therein. The Rules may be obtained at the Clerk's/Cashier's Office on the first floor of the United States Courthouse, 500 Pearl Street, New York, New York, or by visiting the Court's internet site at www.usdcsdny.gov. (Signed by Judge Victor Marrero on 3/19/2010) (tro) Modified on 3/29/2010 (tro). (Entered: 03/19/2010)
ENDORSED LETTER addressed to Judge Victor Marrero from Lance Gotthoffer dated 2/3/10 re: Request to adjourn the upcoming settlement conference. ENDORSEMENT: Request GRANTED. The settlement conference herein is rescheduled to 3/16/10 at 10:00 am. ( Settlement Conference reset for 3/16/2010 at 10:10 AM before Judge Victor Marrero.) (Signed by Judge Victor Marrero on 2/3/10) (cd) (Entered: 02/04/2010)
DECISION AND ORDER: For the reasons stated above, it is hereby ORDERED that the motion (Docket Nos. 128, 131) of the defendants/interpleader claimants CDO Master Plus Fund, Ltd. and Merrill Lynch, Pierce, Fenner & Smith, Inc. for leave to file an interlocutory appeal or, in the alternative reargument, is DENIED. (Signed by Judge Victor Marrero on 1/8/2010) (tro) (Entered: 01/11/2010)
ENDORSED LETTER addressed to Judge Victor Marrero from Lance Gotthoffer dated 12/29/2009 re: Counsel request an extension to respond to Franklin's opposition to Claimant's motion for an interlocutory appeal pursuant to 28 U.S.C. 1292(b) or, in the alternative, for reargument until 1/6/2010. ENDORSEMENT: Request GRANTED. The time for defendants to respond to the opposition to the motion for an interlocutory appeal or reconsideration is extended to 1/6/10. So Ordered. (Signed by Judge Victor Marrero on 12/29/2009) (jfe) (Entered: 12/29/2009)
ENDORSED LETTER addressed to Judge Victor Marrero from Lance Gotthoffer dated 12/7/09 re: counsel for defendants request an adjournment of a status conference. ENDORSEMENT: Request granted. The next status conference herein is rescheduled to 1/8/10 at 11:00 a.m. So Ordered. (Signed by Judge Victor Marrero on 12/10/09) (dle) (Entered: 12/10/2009)
SEALED DOCUMENT placed in vault.(nm) (Entered: 12/09/2009)
127
Filed: 11/25/2009, Entered: None
DECISION AND ORDER that the motion for summary judgment of defendant Franklin Advisers, Inc. as to whether a CCMF can be paid upon an optional redemption is granted. The motion for summary judgment of defendant Franklin Advisers as to whether the distributions to preferred shareholders upon an optional redemption are included in determining whether preferred shareholders have received a 12% internal rate of return is granted. The motion for summary judgment of defendant Franklin Advisers as to whether the contingent collateral management fee accrues from the closing date of CLO II is denied. The motion for summary judgment of defendants CDO Plus Master Fund, Ltd. and Merrill, Lynch, Pierce, Fenner & Smith is denied in its entirety. A conference is scheduled for 12/11/09 at 9:45 a.m. to discuss preparations for trial of remaining disputes. (Signed by Judge Victor Marrero on 11/25/09) (dle) (Entered: 11/25/2009)
ORDER FOR DISTRIBUTION OF FUNDS FROM COURT REGISTRY: The Clerk of the Court shall disburse the amount of $127,992.97 to the Trustee, "The Bank of New York Mellon Trust Company, N.A.," 601 Travis St. 17th Floor, Houston, TX, 77002, Taxpayer ID 13-6062916, from the Registry Funds to pay Current Expenses. The Trustee shall be permitted to make an application for payment of Additional Expenses, if any, from the Registry Funds while this action is still pending, provided that all parties reserve any and all rights to oppose all or part of such applications. (Signed by Judge Victor Marrero on 11/12/09) *A Copy of this Order has been forwarded to the Intake Clerk, Rm. 120 via inter-office envelope on 11/12/09. (tro) (Entered: 11/12/2009)
ORDER OF DISTRIBUTION OF FUNDS FROM COURT REGISTRY. NOW, THEREFORE, IT IS ORDERED: 1. The Clerk of the Court shall disburse the amount of $127,992.97 to the Trustee, "The Bank of New York Mellon Trust Company, N.A.," 601 Travis St, 17th Floor, Houston, TX 77002, Taxpayer ID 13-6062916, from the Registry Funds to pay Current Expenses; 2. The Trustee shall be permitted to make an application for payment of Additional Expenses, if any, from the Registry Funds while this action is still pending, provided that all parties reserve any and all rights to oppose all or part of such applications. (Signed by Judge Victor Marrero on 11/2/09) (rjm) (Entered: 11/03/2009)
ENDORSED LETTER addressed to Judge Victor Marrero from Matthew A. Katz dated 6/10/09 re: Request permission for the parties to file reply memoranda of law not more than 20 pages long (double-spaced in "Times New Roman" 12-point font). ENDORSEMENT: Request GRANTED in part. The parties are authorized to submit reply briefs not to exceed 15 pages. The Court regards any motion to strike evidence as premature at this point. Nonetheless, the Court is mindful of the objections to references to settlement documents and other documents raising concerns. Should the Court deem this material appropriate to consider, it will advise the parties and invite further submissions. The time for the parties to file reply memoranda is extended to 7/2/09. (Replies due by 7/2/2009.) (Signed by Judge Victor Marrero on 6/15/09) (db) (Entered: 06/15/2009)
ENDORSED LETTER addressed to Judge Victor Marrero from Lance Gotthoffer dated 5/6/2009 re: Claimants respectfully request permission to file, in addition to a 29-page opposition memorandum, a motion to strike with a memorandum of law not to exceed 15 pages. ENDORSEMENT: Request GRANTED in part. Claimants may file an opposition brief not to exceed 29 pages. No separate motion to strike is necessary. Claimants may set forth in concise manner not to exceed an additional 3 pages which portions of Franklin's submissions raise evidentiary objections, and on what legal theory and authority those portions warrant striking. So Ordered. (Signed by Judge Victor Marrero on 5/6/2009) (jfe) (Entered: 05/06/2009)
AFFIDAVIT OF SERVICE of Motion for Summary Judgment and Supporting Documents on 4/7/09. Service was made by Overnight Mail. Document filed by Merrill Lynch, Pierce, Fenner & Smith Inc.(as a nominee), CDO Plus Master Fund, Ltd.. (Turetsky, Debra) (Entered: 04/07/2009)
MEMORANDUM OF LAW in Support re: 114 MOTION for Summary Judgment Notice of Motion.. Document filed by Merrill Lynch, Pierce, Fenner & Smith Inc.(as a nominee), CDO Plus Master Fund, Ltd.. (Attachments: # 1 Schedule A, # 2 Schedule B)(Turetsky, Debra) (Entered: 04/07/2009)
MOTION for Summary Judgment Notice of Motion. Document filed by Merrill Lynch, Pierce, Fenner & Smith Inc.(as a nominee), CDO Plus Master Fund, Ltd.. Responses due by 5/14/2009(Turetsky, Debra) (Entered: 04/07/2009)
ENDORSED LETTER addressed to Judge Victor Marrero from Matthew A. Katz dated 3/24/09 re: Counsel requests permission to file a brief in support of Franklin Advisers motion not more than 40 pages long (double-spaced in "Time New Roman" 12-point font). ENDORSEMENT: Request granted in part. Defendant may file a brief not to exceed 32 pages. The Court is not persuaded that the nature of this case requires more extensive briefing. The parties may minimize pagination by not repeating in the brief factual summary of material already set forth in affidavits and Rule 56.1 Statements. (Signed by Judge Victor Marrero on 3/25/09) (mme) (Entered: 03/26/2009)
SCHEDULING ORDER: Both of the Parties shall file their opening memoranda of law in support of their respective motions for summary judgment no later than 4/7/09. Both of the Parties shall file their memoranda of law in opposition to their counterparty's motion for summary judgment no later than 5/14/09. Both of the Parties shall file any reply memoranda of law in further support of their respective motions for summary judgment no later than 6/4/09. Both of the parties are permitted to address the admissibility of all, or portions of, the expert witness reports and expert deposition testimony adduced in this litigation in the Parties' respective memoranda of law regarding summary judgment. This order is without prejudice to the Parties' future ability to make motions in limine with respect to expert reports and testimony, if not mooted, after this Court has ruled on the Parties' summary judgment motions. For good cause shown, either of the Parties may seek leave to extend any of the deadlines set forth in paragraphs 1 through 3. (Signed by Judge Victor Marrero on 2/6/09) (tro) (Entered: 02/09/2009)
AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Merrill Lynch & Co., Inc. and Bank of America Corporation as Corporate Parent. Document filed by Merrill Lynch, Pierce, Fenner & Smith Inc..(Turetsky, Debra) (Entered: 01/15/2009)
ENDORSED LETTER addressed to Judge Victor Marrero from Lance Gotthoffer dated 1/6/2009 re: Claimants respectfully request that there be a conference so that they may seek permission to move for summary judgment and strike, in part, the testimony of Franklin's expert Rick Caplan. ENDORSEMENT: Request GRANTED. A pre-motion conference herein is scheduled for 1-30-09 at 4:445 p.m. SO ORDERED. ( Pre-Motion Conference set for 1/30/2009 at 04:45 PM before Judge Victor Marrero.) (Signed by Judge Victor Marrero on 1/8/2009) (tve) (Entered: 01/08/2009)
ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Jonathan L. Hochman dated 12/11/2008 re: The parties jointly propose an extension of the deadlines in this action as follows: Depositions of experts shall be completed by December 30, 2008. Such date shall also constitute the close of discovery. The parties shall request a pre-motion conference by January 6, 2008. If no party states its intent to file a dispositive pre-trial motion, pre-trial order materials will be supplied by January 23, 2008 and the pre-trial order will be filed by February 6, 2008. ENDORSEMENT: Granted. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/12/2008) (jfe) (Entered: 12/15/2008)
ORDER FOR DISTRIBUTION OF FUNDS FROM COURT REGISTRY The Clerk of the Court shall disburse the amount of $223,069.49 to the Trustee, "The Bank of New York Trust Company, N.A.," 601 Travis St, 17th Floor, Houston, TX 77002, Taxpayer ID 13-6062916, from the Registry Funds to pay Current Expenses; The Trustee shall be permitted to make an application for payment of Additional Expenses, if any, from the Registry Funds while this action is still pending, provided that all parties reserve any and all rights to oppose all or part of such applications. (Signed by Judge Victor Marrero on 10/30/08) (mme) (Entered: 10/30/2008)
ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Lance Gotthoffer dated 10/15/08 re: This firm represents Defendants-in-Interpleader/Cross-Claimants COO Plus Master Fund, Ltd. ("CDO Plus") and Merrill Lynch, Pierce, Fenner & Smith Inc. ("Merrill") in the above-referenced proceeding. We write on behalf of Defendant-in-Interpleader/Cross-Claimant Franklin Advisers, Inc. ("Franklin Advisers") as well to request jointly a brief extension for dates related to expert discovery, as further detailed below. The identities and reports of experts shall be disclosed by October 31, 2008.The identities and reports of experts intended solely to rebut previously-disclosed expert evidence shall be exchanged by November 14, 2008. Depositions of experts shall be completed by December 12, 2008. Such date shall also constitute the close of discovery. The parties shall request a pre-motion conference by December 19, 2008, If no party states its intent to file a dispositive pre-trial motion, pre-trial order materials will be supplied by January 9, 2009 and the pre-trial order will be filed by January 23, 2009. ENDORSEMENT: So Ordered. Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/15/08) (pl) (Entered: 10/16/2008)
ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Jonathan L. Hochman dated 7/23/08 re: The parties jointly propose an extension of the deadline for discovery as follows: All non-expert discovery shall be completed by 9/30/08. The identities and reports of experts shall be disclosed by 10/17/08. The identities and reports of experts intended solely to rebut previously disclosed expert evidence shall be exchanged by 10/31/08. Depositions of experts shall be completed by 11/19/08. Such date shall also constitute the close of discovery. The parties shall request a pre-motion conference by 12/4/08. If no party states its intent to file a dispositive pre-trial motion, pre-trial order materials will be supplied by 12/12/08 and the pre-trial order will be filed by 12/23/08. ENDORSEMENT: Granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/24/08) (tro) (Entered: 07/24/2008)
ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Lance Gotthoffer dated 5/12/08 re: Counsel requests a 45-day extension for all remaining discovery deadlines; All non expert discovery shall be completed by July 31, 2008; The identities and reports of experts shall be disclosed by August 22, 2008; The identities and reports of experts intended solely to rebut previously disclosed expert evidence shall be exchanged by September 4, 2008; Depositions of experts shall be completed by September 25, 2008. Such date shall also constitute the close of discovery; The parties shall request a pre-motion conference by October 9, 2008; If no party states its intent to file a dispositve pre-trial motion, pre-trial order materials will be supplied by October 24, 2008 and the pre-trial order will be filed by November 10, 2008. ENDORSEMENT: So ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 5/12/08) (mme) (Entered: 05/13/2008)
ORDER FOR DISTRIBUTION OF FUNDS FROM COURT REGISTRY: The Clerk of the Court shall disburse the amount of $186,767.10 to the Trustee, "The Bank of New York Trust Company, N.A.," from the Registry Funds to pay Current Expenses. The Trustee shall be permitted to make an application for payment of Additional Expenses, if any, from the Registry Funds while this action is still pending, provided that all parties reserve any and all rights to oppose all or part of such applications. (Signed by Judge Victor Marrero on 5/5/08) (tro) (Entered: 05/05/2008)
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/26/08) (cd) (Entered: 03/26/2008)
ENDORSED LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Jonathan L. Hockman dated 2/21/08 re: That all non-expert discovery shall be completed by 6/16/08. Depositions of experts shall be completed by 8/11/08. Such date shall also constitute the close of discovery. The parties shall requests a pre-motion conference by 8/25/08. If no party states its intent to file a dispositive pre-trial motion, pre-trial order materials will be supplied by 9/9/08 and the pre-trial order will be filed by 9/24/08 Additional relief as set forth in this Order. ENDORSEMENT: Granted. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/21/08) (pl) (Entered: 02/21/2008)
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/14/08) (tro) (Entered: 02/14/2008)
NOTICE OF APPEARANCE by Debra Sue Turetsky on behalf of Merrill Lynch, Pierce, Fenner & Smith Inc.(as a nominee), CDO Plus Master Fund, Ltd. (Turetsky, Debra) (Entered: 01/28/2008)
NOTICE OF APPEARANCE by Scott David Corrigan on behalf of Merrill Lynch, Pierce, Fenner & Smith Inc.(as a nominee), CDO Plus Master Fund, Ltd. (Corrigan, Scott) (Entered: 01/07/2008)
AFFIDAVIT OF SERVICE of Subpoena served on Cleary Gottleib Steen & Hamilton on December 21,2007. Service was accepted by Mr. Scott, Assistant Managing Attorney. Document filed by Merrill Lynch, Pierce, Fenner & Smith Inc.(as a nominee), CDO Plus Master Fund, Ltd.. (Lazarou, Elena) (Entered: 12/28/2007)
PRETRIAL ORDER: Amended Pleadings due by 12/21/2007. Joinder of Parties due by 12/21/2007. All request for documents and interrogatories shall be served by 12/21/2007. All non-expert discovery due by 3/21/2008. Disclosure of the identities and reports of experts will be made by 4/21/2008. The disclosure of identities and reports of any expert intended by an opposing party to rebut expert evidence shall be made by 5/5/2008. Deposition due by 5/27/2008. NO Discovery shall take place after 5/27/2008. The parties shall request a pre-motion conference by 6/10/2008. If no party states its intention to file a dispositive pre-trial motion, Plaintiffs will supply pretrial order material to defendant in accordance with the requirements of the rules of the Assigned District Judge by 6/24/2008. The pretrial order shall be filed within 15 days thereafter. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/7/2007) (jar) (Entered: 12/07/2007)
DECISION AND ORDER: For the reasons stated above, it is hereby ordered that the motion to dismiss (Docket no. 48) of defendant Franklin Advisors, Inc. is DENIED. (Signed by Judge Victor Marrero on 11/15/07) (js) (Entered: 11/20/2007)
ORDER FOR CONFERENCE PURSUANT TO RULE 16: Initial Case Management Conference set for 12/7/2007 at 10:00 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Gabriel W. Gorenstein on 11/9/2007) (jmi) (Entered: 11/13/2007)
NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Gabriel W. Gorenstein, for General Pretrial. Magistrate Judge Michael H. Dolinger no longer referred to the case. (laq) (Entered: 11/09/2007)
NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Michael H. Dolinger, for General Pretrial. Magistrate Judge Frank Maas no longer referred to the case. (laq) (Entered: 11/05/2007)
STIPULATION IN LIEU OF ANSWER TO CROSS CLAIMS: MassMutual has advised the Cross Claiming Interpleader (Templeton Global Advisors, Ltd. and Franklin Advisers, Inc.) defendants' counsel that it takes no position with respect to the litigation of this matter and does not intend to file an answer to the Cross Claims (Signed by Judge Victor Marrero on 10/10/07) (kco) (Entered: 10/11/2007)
STIPULATION IN LIEU OF ANSWER TO CROSS CLAIMS: MassMutual has advised the Cross Claiming Interpleader (CDO Plus Master Fund, Ltd. and Merrill, Lynch, Pierce, Fenner & Smith, Incorporated) defendants' counsel that it takes no position with respect to the litigation of this matter and does not intend to file an answer to the Cross Claims. (Signed by Judge Victor Marrero on 10/11/7) (kco) (Entered: 10/11/2007)
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Frank Maas. (Signed by Judge Victor Marrero on 10/10/07) (cd) (Entered: 10/10/2007)
ORDER ON MOTION FOR DISCHARGE OF PLAINTIFF: It is ordered that the motion for discharge is GRANTED. The Trustee is discharged from any further liability or participation in this matter or for any claims that the defendants may have with regard to or related to the February 28, 2007 optional redemption pursuant to section 9.1(a). The Clerk of the Court shall disburse the amount of $87,684.33 to the Trustees, The Bank of New York Trust Company, N.A. All other provisions as set forth in this order. (Signed by Judge Victor Marrero on 10/9/07) (js) (Entered: 10/10/2007)
STIPULATION IN LIEU OF ANSWER, that in lieu of MassMutual filing an Answer to the interpleader complaint dated 2/28/07, MassMutual and Plaintiff enter into the within stipulation and will file the same with the Court. MassMutual has advised Plaintiff's counsel that it takes no position with respect to the litigation of this matter and does not inted to file an Answer to the Complaint. (Signed by Judge Victor Marrero on 9/27/07) (cd) (Entered: 09/27/2007)
ENDORSED LETTER addressed to Judge Victor Marrero from John D. Kircher dated 9/5/07 re: Counsel for Interpleader Plaintiff The Bank of New York Trust Company, N.A. requests that the status conference currently scheduled for 9/7/07 be adjourned. ENDORSEMENT: Request GRANTED. The next status conference herein is rescheduled to 9/28/07 at 9:30 a.m. (Signed by Judge Victor Marrero on 9/6/07) (tro) (Entered: 09/06/2007)
ENDORSED LETTER addressed to Judge Victor Marrero from John D. Kircher dated 8/24/07 re: a request for leave of this Court to file a motion to discharge the plaintiff from further liability pursuant to 28 USC 2361 and award the trustee its costs and attorney's fees incurred in connection with this action. ENDORSEMENT: Request GRANTED. A status conference herein is scheduled for 9/7/2007 at 9:30 a.m. to address the matter described above by plaintiff. The Court shall deem this letter as an application for the relief requested. Any opposition will be considered at the conference. SO ORDERED. (Signed by Judge Victor Marrero on 8/24/07) (kco) (Entered: 08/27/2007)
CERTIFICATE OF SERVICE of Reply Memorandum of Law in Further Support of Motion to Dismiss served on Massachusetts Mutual Life Insurance Co.; Mac & Co. on 6/29/2007. Service was made by Mail. Document filed by Franklin Advisers, Inc.. (Katz, Matthew) (Entered: 06/29/2007)
REPLY MEMORANDUM OF LAW in Support re: 48 MOTION to Dismiss Crossclaims of CDO Plus Master Fund, Ltd. and Merrill Lynch, Pierce, Fenner & Smith Inc... Document filed by Franklin Advisers, Inc.. (Hochman, Jonathan) (Entered: 06/29/2007)
AFFIDAVIT OF SERVICE of Answer and Crossclaims served on Mac & Co. on 6/14/2007. Service was made by Mail. Document filed by Templeton Global Advisors, Ltd.. (Katz, Matthew) (Entered: 06/29/2007)
AFFIDAVIT OF SERVICE of Answer and Crossclaims served on Mac & Co. on 6/14/2007. Service was made by Mail. Document filed by Franklin Advisers, Inc.. (Katz, Matthew) (Entered: 06/29/2007)
ORDER: The Trustee shall deposit the Additional Funds, $3,143,113.52, into the Courts Registry. The Clerk shall invest the Additional Funds, the principal sum being $3,143,113.52 and any additional funds deposited by the Trustee in the Court Registry in the future. The Trustee may wire funds received in the future directly into the Court's Registry without any additional order from the Court. The Clerk shall deduct from the income on the investment a fee equal to ten percent(10%) of the income earned, but not exceeding the fee authorized by the Judicial Conference of the US and set by the Dir. of the AO. (Signed by Judge Victor Marrero on 6/26/2007) (jar) (Entered: 06/27/2007)
AFFIDAVIT OF SERVICE of Summons, Answer and Crossclaims with Supporting Documents served on MAC & Co. on 6/7/07. Service was accepted by Amy Leach, Authorized Agent in the Office of the Secretary of State of New York. Service was made by Mail. Document filed by Merrill Lynch, Pierce, Fenner & Smith Inc.(as a nominee), CDO Plus Master Fund, Ltd.. (Lazarou, Elena) (Entered: 06/19/2007)
ACKNOWLEDGMENT OF SERVICE. Mac & Co. served on 6/13/2007, answer due 7/3/2007. Service was accepted by Mary J. Hackett, Attorney. Document filed by The Bank of New York Trust Company, N.A.. (Fleischmann, Dennis) (Entered: 06/18/2007)
CERTIFICATE OF SERVICE of Memorandum of Law in Opposition to the Motion of Franklin Advisers, Inc. to Dismiss the Crossclaims of CDO Plus and Merrill Lynch, and Declaration of James C. McCarroll in Opposition to the Motion of Franklin Advisers, Inc. to Dismiss the Crossclaims of CDO Plus and Merrill Lynch served on Bank of New York Trust Company, N.A., Franklin Advisers, Inc., Templeton Global Advisors, Inc., Massachusetts Mutual Life Insurance Company, Franklin CLO II, Corp., Mac & Co., Deutsche Bank Securities Inc., Hare & Co., Franklin CLO II, Ltd., Chase Manhattan Bank London Nominee for Seira 13, Gensec Ireland Limited on June 13, 2007. Service was made by MAIL. Document filed by Merrill Lynch, Pierce, Fenner & Smith Inc.(as a nominee), CDO Plus Master Fund, Ltd.. (Lazarou, Elena) (Entered: 06/13/2007)
DECLARATION of James C. McCarroll in Opposition re: 48 MOTION to Dismiss Crossclaims of CDO Plus Master Fund, Ltd. and Merrill Lynch, Pierce, Fenner & Smith Inc... Document filed by Merrill Lynch, Pierce, Fenner & Smith Inc.(as a nominee), CDO Plus Master Fund, Ltd.. (Lazarou, Elena) (Entered: 06/13/2007)
MEMORANDUM OF LAW in Opposition re: 48 MOTION to Dismiss Crossclaims of CDO Plus Master Fund, Ltd. and Merrill Lynch, Pierce, Fenner & Smith Inc... Document filed by Merrill Lynch, Pierce, Fenner & Smith Inc.(as a nominee), CDO Plus Master Fund, Ltd.. (Attachments: # 1 Exhibit Exhibits A through I)(Lazarou, Elena) (Entered: 06/13/2007)
AFFIDAVIT OF SERVICE of Summons, Answer and Crossclaims, and supporting papers served on Franklin CLO II, Corp. on May 24, 2007. Service was accepted by Scott LaScala, Managing Agent. Document filed by Merrill Lynch, Pierce, Fenner & Smith Inc.(as a nominee), CDO Plus Master Fund, Ltd.. (Lazarou, Elena) (Entered: 06/11/2007)
STIPULATION EXTENDING TIME TO RESPOND TO MOTION TO DISMISS: The time which CDO Plus and Merrill Lynch may respond to the Motion to Dismiss is extended to and including 6/13/07, The time within which Franklin Advisers may reply to CDO Plus and Merrill Lynch's response to the Motion to Dismiss is extended to and including 6/29/07. This stipulation may be executed in counterparts, each of which shall constitute an original and all of which, taken together, shall constitute one and the same stipulation, and facsimile signatures shall be as binding as original signatures. So Ordered. (Signed by Judge Victor Marrero on 6/6/07) (js) (Entered: 06/08/2007)
STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO MOTION TO DISMISS; The time within which CDO Plus and Merrill Lynch may respond to the Motion to Dismiss is extended to and including June 11, 2007. The time within which Franklin Advisers may reply to CDO Plus' and Merrill Lynch's response to the Motion to Dismiss is extended to and icluding June 27, 2007. (Signed by Judge Victor Marrero on 5/24/07) (djc) (Entered: 05/25/2007)
AFFIDAVIT OF SERVICE of Summons, Answer and Cross-Claims with Supporting Papers served on Hare & Co. on 5/23/07. Service was accepted by Jay W. Song. Document filed by Merrill Lynch, Pierce, Fenner & Smith Inc.(as a nominee), CDO Plus Master Fund, Ltd.. (Lazarou, Elena) (Entered: 05/24/2007)
AFFIDAVIT OF SERVICE of Summons, Answer and Cross-Claims with Supporting Papers served on Deutsche Bank Securities Inc. on 5/23/07. Service was accepted by Mr. Nidhiry. Document filed by Merrill Lynch, Pierce, Fenner & Smith Inc.(as a nominee), CDO Plus Master Fund, Ltd.. (Lazarou, Elena) (Entered: 05/24/2007)
CLERK CERTIFICATE OF MAILING of Summons, Answer & Cross-Claims mailed to Sun Life Assurance Co. of Canada at the following address: Sun Life Assurance Co. of Canada 227 King Street South, Waterloo, Ontario, Canada N2J4C5 on May 23, 2007 by DHL International # 826 0810 773. (jp) (Entered: 05/24/2007)
CLERK CERTIFICATE OF MAILING of Summons, Answer, Notice of Appearance & Cross-Claims mailed to Chase manhattan Bank London Nominee for Seira 13 at the following address: Chase Manhattan Bank London Nominee for Seira 13 PO Box 1984 Gt, Elizabethan Square, Grand Cayman, Cayaman Islands BWI on May 23, 2007 by DHL International # 826 0810 843. (jp) (Entered: 05/24/2007)
CLERK CERTIFICATE OF MAILING of Summons, Answer, notice of Appearance & cross-claims mailed to Franklin CLO II, LTD. at the following address: Franklin CLO II, LTD. PO Box 1984, Elizabethan Square, Grand Cayman, Cayaman Islands BWI on May 23, 2007 by DHL International # 826 0810 832. (jp) (Entered: 05/24/2007)
CLERK CERTIFICATE OF MAILING of Summons, Answer, Notice of Appearance & Cross Claims mailed to Gensec Ireland Limited at the following address: Gensec Ireland Limited 2A Parkview House, Beech Hill Road, Dublin, Ireland IR 4 on 5/23/2007 by DHL Express International # 826 0810 821. (jp) (Entered: 05/24/2007)
CERTIFICATE OF SERVICE of Notice of Appearance; Rule 7.1 Statement served on Bank of New York Trust Company, N.A.; Franklin Advisors, Inc., Templeton Global Advisors, Inc.; Massachusetts Mutual Life Insurance Company on 5/21/2007. Service was made by MAIL. Document filed by CDO Plus Master Fund, Ltd.. (Lazarou, Elena) (Entered: 05/21/2007)
CERTIFICATE OF SERVICE of Rule 7.1 Statement and Notice of Appearance served on Bank of New York Trust Company, N.A., as Trustee; Franklin Advisers, Inc.; Templeton Global Advisors, Inc.; Massachusetts Mutual Life Insurance Company; and SUn Life Assurance Co. of Canada on May 17, 2007. Service was made by Mail. Document filed by Merrill Lynch, Pierce, Fenner & Smith Inc.(as a nominee). (Lazarou, Elena) (Entered: 05/17/2007)
NOTICE OF APPEARANCE by Elena Pauline Lazarou on behalf of Merrill Lynch, Pierce, Fenner & Smith Inc.(as a nominee) (Lazarou, Elena) (Entered: 05/17/2007)
AFFIDAVIT OF SERVICE of Answer and Cross-Claim served on Hare & Co. on 5/4/2007. Service was accepted by Jacinda P. Carlisle, Assistant Treasurer-Legal Department. Document filed by Templeton Global Advisors, Ltd.. (Katz, Matthew) (Entered: 05/15/2007)
AFFIDAVIT OF SERVICE of Answer and Cross-Claim served on Franklin CLO II Corp. on 5/4/2007. Service was accepted by Scott LaScala, Managing Agent. Document filed by Templeton Global Advisors, Ltd.. (Katz, Matthew) (Entered: 05/15/2007)
AFFIDAVIT OF SERVICE of Answer and Cross-Claims served on Deutsche Bank Securities, Inc. on 5/4/2007. Service was accepted by John Nidhiry, Paralegal. Document filed by Templeton Global Advisors, Ltd.. (Katz, Matthew) (Entered: 05/15/2007)
AFFIDAVIT OF SERVICE of Answer and Cross-Claim served on Hare & Co. on 5/4/2007. Service was accepted by Jacinda P. Carlisle, Assistant Treasurer-Legal Department. Document filed by Franklin Advisers, Inc.. (Katz, Matthew) (Entered: 05/15/2007)
AFFIDAVIT OF SERVICE of Answer and Cross-Claim served on Deutsche Bank Securities, Inc. on 5/4/2007. Service was accepted by John Nidhiry, Paralegal. Document filed by Franklin Advisers, Inc.. (Katz, Matthew) (Entered: 05/15/2007)
AFFIDAVIT OF SERVICE of Answer and Cross-Claim served on Franklin CLO II, Corp. on 5/4/2007. Service was accepted by Scott LaScala, Managing Agent. Document filed by Franklin Advisers, Inc.. (Katz, Matthew) (Entered: 05/15/2007)
CERTIFICATE OF SERVICE of Motion to Dismiss Crossclaims of CDO Plus Master Fund, Ltd. and Merrill Lynch, Pierce, Fenner & Smith, Inc. served on Sean M. Seely on 5/10/07. Service was made by Mail. Document filed by Franklin Advisers, Inc.. (Katz, Matthew) (Entered: 05/10/2007)
MEMORANDUM OF LAW in Support re: 48 MOTION to Dismiss Crossclaims of CDO Plus Master Fund, Ltd. and Merrill Lynch, Pierce, Fenner & Smith Inc... Document filed by Franklin Advisers, Inc.. (Hochman, Jonathan) (Entered: 05/10/2007)
MOTION to Dismiss Crossclaims of CDO Plus Master Fund, Ltd. and Merrill Lynch, Pierce, Fenner & Smith Inc.. Document filed by Franklin Advisers, Inc..Responses due by 5/24/2007(Hochman, Jonathan) (Entered: 05/10/2007)
CERTIFICATE OF SERVICE of Answer to Cross-Claims of Franklin Advisers, Inc. served on Bank of New York Trust Company, N.A. as Trustee; Franklin Advisers, Inc.; Franklin CLO II, Ltd.; Franklin CLO II, Corp.; Massachusetts Mutual Life Insurance Company; and Sun Life Assurance Co. of Canada on 5/10/07. Service was made by Mail. Document filed by Merrill Lynch, Pierce, Fenner & Smith Inc., CDO Plus Master Fund, Ltd.. (Lazarou, Elena) (Entered: 05/10/2007)
CERTIFICATE OF SERVICE of Answer and Crossclaim served on Bank of New York Trust Company, N.A. as Trustee; Franklin Advisers, Inc.; Franklin CLO II, Ltd.; Franklin CLO II, Corp.; Massachusetts Mutual Life Insurance Company; and Sun Life Assurance Co. of Canada on 4/20/07. Service was made by Mail. Document filed by Merrill Lynch, Pierce, Fenner & Smith Inc., CDO Plus Master Fund, Ltd.. (Lazarou, Elena) (Entered: 05/10/2007)
CERTIFICATE OF SERVICE of Answer to Crossclaim served on Sean M. Seely on 5/10/2007. Service was made by Mail. Document filed by Templeton Global Advisors, Ltd.(as a nominee). (Hochman, Jonathan) (Entered: 05/10/2007)
ANSWER to Crossclaim. Document filed by Merrill Lynch, Pierce, Fenner & Smith Inc.(as a nominee), CDO Plus Master Fund, Ltd..(Lazarou, Elena) (Entered: 05/10/2007)
CLERK CERTIFICATE OF MAILING of Summons, Answer & Cross Claim mailed to Franklin CLO II, Ltd. at the following address: c/o Deutsche Bank (Cayman) P.O. Box 1984 GT, Elizabethan Square, Grand Cayman, Cayman Islands, BWI on 5/3/2007 by DHL # 925 1053 641. (aba) (Entered: 05/04/2007)
CLERK CERTIFICATE OF MAILING of Summons, Answer & Cross Claim mailed to Chase Manhattan Bank London P.O. Box 1984 GT, Elizabethan Square, Grand Cayman, Cayman Islands, BWI on 5/3/2007 by DHL # 925 1060 313. (aba) (Entered: 05/04/2007)
CLERK CERTIFICATE OF MAILING of Summons, Answer & Cross Claim mailed to Chase Manhattan Bank London at the following address: P.O. Box 1984 GT Elizabethan Square, Grand Cayman, Cayman Islands, BWI on 5/3/2007 by DHL # 925 106 9262. (aba) (Entered: 05/04/2007)
CLERK CERTIFICATE OF MAILING of Summons, Answer & Cross Claim mailed to Franklin CLO II, Ltd. at the following address: c/o Deutsche Bank (Cayman) P.O. Box 1984 GT, Elizabethan Square, Grand Cayman, Cayman Islands, BWI on 5/3/2007 by DHL # 925 107 0220. (aba) (Entered: 05/04/2007)
CLERK CERTIFICATE OF MAILING of Summons, Answer & Cross Claim mailed to Gensec Ireland Limited 2A Parkview House, Beech Hill Road, Dublin, IR, Ireland on 5/3/2007 by DHL # 925 106 5843. (aba) (Entered: 05/04/2007)
CERTIFICATE OF SERVICE of Answer and Cross-Claim; Rule 7.1 Corporate Disclosure served on CDO Plus Master Fund, Ltd., Merrill Lynch, Pierce, Fenner & Smith Inc., and Massachusetts Mutual Life Insurance Co. on 4/20/2007. Service was made by Email and Mail. Document filed by Templeton Global Advisors, Ltd.. (Katz, Matthew) (Entered: 04/20/2007)
CERTIFICATE OF SERVICE of Answer and Cross-Claims; Rule 7.1 Corporate Disclosure Statement served on CDO Master Fund, Ltd., Merrill Lynch, Pierce, Fenner & Smith Inc., and Massachusetts Mutual Life Insurance Co. on 4/20/2007. Service was made by Mail and Email. Document filed by Franklin Advisers, Inc.. (Katz, Matthew) (Entered: 04/20/2007)
ANSWER to Interpleader Complaint., CROSSCLAIM against Deutsche Bank Securities Inc., Gensec Ireland Limited, Hare & Co., Mac & Co., Massachusetts Mutual Life Insurance Co., Sun Life Assurance Co. of Canada, Templeton Global Advisors, Ltd., "John Doe #1" through "John Doe" #12, Franklin Advisers, Inc., Franklin CLO II, Ltd., Franklin CLO. Corp., Chase Manhattan Bank London Nominee for Seira 13. Document filed by Merrill Lynch, Pierce, Fenner & Smith Inc., CDO Plus Master Fund, Ltd..(Lazarou, Elena) (Entered: 04/20/2007)
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Filed: 4/20/2007, Entered: None
ANSWER to Interpleader Complaint., CROSSCLAIM against Deutsche Bank Securities Inc., Gensec Ireland Limited, Franklin Advisers, Inc., Hare & Co., Mac & Co., Massachusetts Mutual Life Insurance Co., Merrill Lynch, Pierce, Fenner & Smith Inc., "John Doe #1" through "John Doe" #12, Franklin CLO II, Ltd., Franklin CLO. Corp., CDO Plus Master Fund, Ltd., Chase Manhattan Bank London Nominee for Seira 13. Document filed by Templeton Global Advisors, Ltd..(Hochman, Jonathan) (Entered: 04/20/2007)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Franklin Resources, Inc. as Corporate Parent. Document filed by Templeton Global Advisors, Ltd..(Hochman, Jonathan) (Entered: 04/20/2007)
ANSWER to Interpleader Complaint., CROSSCLAIM against Deutsche Bank Securities Inc., Gensec Ireland Limited, Hare & Co., Mac & Co., Massachusetts Mutual Life Insurance Co., Merrill Lynch, Pierce, Fenner & Smith Inc., Templeton Global Advisors, Ltd., "John Doe #1" through "John Doe" #12, Franklin CLO II, Ltd., Franklin CLO. Corp., CDO Plus Master Fund, Ltd., Chase Manhattan Bank London Nominee for Seira 13. Document filed by Franklin Advisers, Inc.. (Attachments: # 1 Exhibit Exhibit A)(Hochman, Jonathan) (Entered: 04/20/2007)
30
Filed: 4/20/2007, Entered: None
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Franklin Resources, Inc. as Corporate Parent. Document filed by Franklin Advisers, Inc..(Hochman, Jonathan) (Entered: 04/20/2007)
NOTICE of Voluntary Dismissal as Against Sun Life Assurance Co. of Canada. Document filed by The Bank of New York Trust Company, N.A.. (Fleischmann, Dennis) (Entered: 04/19/2007)
STIPULATION AND ORDER to extend time to answer, move, or otherwise respond to interpleader complaint to and including May 4, 2007. (Signed by Judge Victor Marrero on 4/18/2007) (jmi) (Entered: 04/19/2007)
NOTICE OF CHANGE OF ADDRESS by Matthew Alan Katz on behalf of Franklin Advisers, Inc.. New Address: Schindler Cohen & Hochman LLP, 100 Wall Street, 15th Floor, New York, NY, U.S. 10005, 212-277-6300. (Katz, Matthew) (Entered: 04/10/2007)
STIPULATION TO EXTEND TIME TO ANSWER MOVE OR OTHERWISE RESPOND TO INTERPLEADER COMPLAINT: The time within which Interpleader Defendant Sun Life may answer move or otherwise respond to the interpleader Complaint is extended to and including April 20, 2007 (Signed by Judge Victor Marrero on 4/4/07) (js) (Entered: 04/06/2007)
STIPULATION EXTENDING TIME TO RESPOND: It is hereby stipulated and agreed by and between plaintiff interpleader Bank of New York Trust Company, N.A. and defendant in-interpleader Massachusetts Mutual Life Insurance Co. that Massachusetts Mutual Life Insurance Co's time to move or answer in response to the interpleader complaint filed in the above captioned action is hereby extended to, and includes April 20, 2007. (Signed by Judge Victor Marrero on 4/3/07) (js) (Entered: 04/04/2007)
STIPULATION TO EXTEND TIME TO ANSWER, MOVE OR RESPOND TO INTERPLEADER COMPLAINT: The time in which Interpleader Defendants, CDO Plus Master Fund, Ltd., and Merrill Lynch, Pierce, Fenner and Smith, Incorporated, may answer, move, or otherwise respond to the interpleader Complaint is extended to and including April 20, 2007. So Ordered. (Signed by Judge Victor Marrero on 3/30/07) (js) (Entered: 04/02/2007)
CLERK CERTIFICATE OF MAILING of Summons & Interpleader Complaint mailed to Sanlam Asset Management at the following address: s/h/a Gensec Ireland Limited 2A Parkview House, Beech Hill Office Campus, Beech Hill Road, Dublin 4 on 3/30/2007 by Federal Express # 8387 2482 5409. (aba) Additional attachment(s) added on 3/30/2007 (Bams, Aisha). (Entered: 03/30/2007)
STIPULATION AND ORDER Franklin Advisers' time to answer in response to the interpleader complaint in this action is hereby extended until 4/20/07. So Ordered. (Signed by Judge Victor Marrero on 3/23/07) (jco) Additional attachment(s) added on 3/27/2007 (Correa, Julie). (Entered: 03/26/2007)
STIPULATION EXTENDING TIME TO RESPOND; that the time to move or answer in response to the interpleader complaint is hereby extended to, and includes, 4/20/07. (Signed by Judge Victor Marrero on 3/23/07) (pl) (Entered: 03/26/2007)
CLERK CERTIFICATE OF MAILING of Summons & Complaint mailed to Gensec Ireland Limited Beech House 4, Dublin, (CO Dublin), Ireland on 3/22/2007 by Federal Express # 8387 2482 5394. (aba) (Entered: 03/22/2007)
ACKNOWLEDGMENT OF SERVICE. Franklin Advisers, Inc. served on 3/8/2007, answer due 3/28/2007. Service was accepted by Jonathan L. Hochman, Attorney. Document filed by The Bank of New York Trust Company, N.A.. (Fleischmann, Dennis) (Entered: 03/21/2007)
ACKNOWLEDGMENT OF SERVICE. CDO Plus Master Fund, Ltd. served on 3/2/2007, answer due 3/22/2007. Service was accepted by Evelyn Green, Managing Clerk. Document filed by The Bank of New York Trust Company, N.A.. (Fleischmann, Dennis) (Entered: 03/21/2007)
AFFIDAVIT OF SERVICE of Summons and Interpleader Complaint,,. Massachusetts Mutual Life Insurance Co. served on 3/12/2007, answer due 4/2/2007. Service was accepted by Juliann Pawlikoski, Paralegal. Document filed by The Bank of New York Trust Company, N.A.. (Fleischmann, Dennis) (Entered: 03/21/2007)
AFFIDAVIT OF SERVICE of Summons and Interpleader Complaint,,. Merrill Lynch, Pierce, Fenner & Smith Inc. served on 3/8/2007, answer due 3/28/2007. Service was accepted by Mike Bergbauer, Managing Agent. Document filed by The Bank of New York Trust Company, N.A.. (Fleischmann, Dennis) (Entered: 03/21/2007)
AFFIDAVIT OF SERVICE of Summons and Interpleader Complaint,,. Hare & Co. served on 3/6/2007, answer due 3/26/2007. Service was accepted by Tiffany Castro, Personal Banking Representative. Document filed by The Bank of New York Trust Company, N.A.. (Attachments: # 1 Affidavit of Service)(Fleischmann, Dennis) (Entered: 03/21/2007)
AFFIDAVIT OF SERVICE of Summons and Interpleader Complaint,,. Franklin CLO II, Ltd. served on 3/8/2007, answer due 3/28/2007. Service was accepted by Ruth Lavelle, Managing Agent. Document filed by The Bank of New York Trust Company, N.A.. (Fleischmann, Dennis) (Entered: 03/21/2007)
AFFIDAVIT OF SERVICE of Summons and Interpleader Complaint,,. Deutsche Bank Securities Inc. served on 3/6/2007, answer due 3/26/2007. Service was accepted by John Nidhiry, Litigation Specialist. Document filed by The Bank of New York Trust Company, N.A.. (Fleischmann, Dennis) (Entered: 03/21/2007)
CLERK CERTIFICATE OF MAILING of Summons & Interpleader Complaint mailed to Gensec Ireland Limited 2A Parkview House, Beech Hill Road, Dublin, Ireland, IR4 on 3/16/2007 by Federal Express # 8387 2482 5453. (aba) (Entered: 03/19/2007)
CLERK CERTIFICATE OF MAILING of Summons & Interpleader Complaint mailed to Franklin CLO II, Ltd. at the following address: c/o Deutsche Bank (Cayman) PO Box 1984 GT, Elizabeth Square, Grand Cayman, BWI on 3/16/2007 by Federal Express # 8387 2482 5431. (aba) (Entered: 03/19/2007)
CLERK CERTIFICATE OF MAILING of Summons & Interpleader Complaint mailed to Templeton Global Advisors, Ltd. P.O. Box N-7758, Lyford Cay, Nassau, Bahamas on 3/16/2007 by Federal Express # 8387 2482 5486. (aba) (Entered: 03/19/2007)
CLERK CERTIFICATE OF MAILING of Summons & Interpleader Complaint mailed to Sun Life Assurance Co. of Canada 227 King Street South, Waterloo, Canada ON N2J4C5 on 3/16/2007 by Federal Express # 8387 2482 5464. (aba) (Entered: 03/19/2007)
CLERK CERTIFICATE OF MAILING of Summons & Interpleader Complaint mailed to Chase Manhattan Bank London Nominee for Seira 13, PO Box 1984GT, Elizabethan Squire, Grand Cayman, Cayman Islands, British West Indies on 3/16/2007 by Federal Express # 8387 2482 5442. (aba) (Entered: 03/19/2007)
ORDER PURSUANT TO LOCAL CIVIL RULE 67.1 the Clerk shall invest the Funds deposited by the Trustee in the Court registry, the principal sum being $28,249,181.73, in an interest bearing account, and that the Clerk shall deduct from the income on the investment a fee equal to ten percent (10%) of the income earned, but not exceeding the fee authorized by the Judicial Conference of the United States and set by the Director of the Administrative Office. (Signed by Judge Victor Marrero on 2/28/07) (jco) (Entered: 03/12/2007)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying The Bank of New York Company as Corporate Parent. Document filed by The Bank of New York Trust Company, N.A..(mbe) Additional attachment(s) added on 3/2/2007 (Becerra, Maribel). (Entered: 03/02/2007)
INTERPLEADER COMPLAINT against Deutsche Bank Securities Inc., Gensec Ireland Limited, Hare & Co., Mac & Co., Massachusetts Mutual Life Insurance Co., Merrill Lynch, Pierce, Fenner & Smith Inc., Sun Life Assurance Co. of Canada, Templeton Global Advisors, Ltd., "John Doe #1" through "John Doe" #12, Franklin Advisers, Inc., Franklin CLO II, Ltd., Franklin CLO. Corp., CDO Plus Master Fund, Ltd., Chase Manhattan Bank London Nominee for Seira 13.Document filed by The Bank of New York Trust Company, N.A..(mbe) (Entered: 03/02/2007)
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