NOTICE OF CHANGE OF ADDRESS by Dominic A. Gentile on behalf of BPP Illinois, LLC, BPP Iowa, LLC, BPP Michigan, LLC, BPP Minnesota, LLC, BPP Texas, LLC, BPP Wisconsin, LLC, Budget Portfolio Properties, LLC, FFC Partnership, L.P., Fine Capital Associates, L.P.. New Address: Baker & Hostetler LLP, 45 Rockefeller Plaza, New York, New York, 10111, (212) 589-4200. (Gentile, Dominic) (Entered: 02/26/2016)
NOTICE OF CHANGE OF ADDRESS by Jonathan Brian New on behalf of BPP Illinois, LLC, BPP Iowa, LLC, BPP Michigan, LLC, BPP Minnesota, LLC, BPP Texas, LLC, BPP Wisconsin, LLC, Budget Portfolio Properties, LLC, FFC Partnership, L.P., Fine Capital Associates, L.P.. New Address: Baker & Hostetler LLP, 45 Rockefeller Plaza, New York, New York, 10111, (212) 589-4200. (New, Jonathan) (Entered: 02/26/2016)
NOTICE OF APPEAL from 90 Memorandum & Opinion,,,,,,. Document filed by BPP Illinois, LLC, BPP Iowa, LLC, BPP Michigan, LLC, BPP Minnesota, LLC, BPP Texas, LLC, BPP Wisconsin, LLC, Budget Portfolio Properties, LLC, FFC Partnership, L.P., Fine Capital Associates, L.P.. Filing fee $ 505.00, receipt number 0208-11637203. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Siegal, John) (Entered: 11/17/2015)
OPINION AND ORDER re: 61 MOTION for Leave to File Second Amended Complaint filed by Budget Portfolio Properties, LLC, FFC Partnership, L.P., BPP Iowa, LLC, BPP Minnesota, LLC, BPP Michigan, LLC, Fine Capital Associates, L.P., BPP Texas, LLC, BPP Illinois, LLC, BPP Wisconsin, LLC, 55 MOTION to Transfer Case filed by Budget Portfolio Properties, LLC, FFC Partnership, L.P., BPP Iowa, LLC, BPP Minnesota, LLC, BPP Michigan, LLC, Fine Capital Associates, L.P., BPP Texas, LLC, BPP Illinois, LLC, BPP Wisconsin, LLC: For the reasons stated above, Plaintiffs' motion for leave to amend and restore the claims of the FFC Plaintiffs and the Equity Plaintiff is DENIED. Defendants' motion to dismiss is GRANTED insofar as the Court holds that the BPP Plaintiffs may not pursue their claims for lack of standing or based on judicial estoppel. But instead of dismissing the case outright, the Court stays the case to give an appropriate party the opportunity to move in the Bankruptcy Court to reopen the bankruptcy case and then pursue the claims against Defendants here. The Court sees no reason to keep the case open while the case is stayed. Accordingly, the Clerk of Court is directed to administratively close the case without prejudice to the right of an appropriate party to reopen the case within six months of the date of this Opinion and Order in the event that there is a party with standing to pursue the claims against Defendants. In addition, the Clerk of Court is directed to terminate Docket Nos. 55 and 61. (Signed by Judge Jesse M. Furman on 10/19/2015) (tn) (Entered: 10/19/2015)
89
Filed: 9/28/2015, Entered: None
Unknown Document Type
LETTER addressed to Judge Jesse M. Furman from John Siegal dated September 28, 2015 re: In Response to The Letter Submitted by Defense Counsel David Lesser on September 25, 2015 Regarding The Pending Motions. Document filed by BPP Illinois, LLC, BPP Iowa, LLC, BPP Michigan, LLC, BPP Minnesota, LLC, BPP Texas, LLC, BPP Wisconsin, LLC, Budget Portfolio Properties, LLC, FFC Partnership, L.P., Fine Capital Associates, L.P..(Siegal, John) (Entered: 09/28/2015)
LETTER addressed to Judge Jesse M. Furman from David Sapir Lesser dated September 25, 2015 re: Withdrawal of RBS Group's defense of lack of personal jurisdiction,. Document filed by The Royal Bank of Scotland Group PLC.(Lesser, David) (Entered: 09/25/2015)
ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL granting 86 Motion to Withdraw as Attorney: that the motion of James D. Miller to withdraw as counsel for the RBS Defendants is granted and Mr. Miller's appearance is withdrawn as of the date of this Order. The Clerk of Court is directed to terminate Docket No. 86. Attorney James Drew Miller terminated. (Signed by Judge Jesse M. Furman on 9/21/2015) (tn) (Entered: 09/21/2015)
MOTION for James D. Miller to Withdraw as Attorney . Document filed by RBS Citizens, N.A., The Royal Bank of Scotland Group PLC. (Attachments: # 1 Text of Proposed Order)(Miller, James) (Entered: 09/18/2015)
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 28 MOTION to Dismiss Amended Complaint. . Document filed by Citizens Bank of Pennsylvania, RBS Citizens, N.A., The Royal Bank of Scotland Group PLC. (Lesser, David) (Entered: 09/14/2015)
84
Filed: 9/14/2015, Entered: None
Unknown Document Type
SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: 28 MOTION to Dismiss Amended Complaint. . Document filed by BPP Illinois, LLC, BPP Iowa, LLC, BPP Michigan, LLC, BPP Minnesota, LLC, BPP Texas, LLC, BPP Wisconsin, LLC, Budget Portfolio Properties, LLC, FFC Partnership, L.P., Fine Capital Associates, L.P.. (New, Jonathan) (Entered: 09/14/2015)
83
Filed: 9/4/2015, Entered: None
Unknown Document Type
MEMO ENDORSEMENT on re: 82 Letter filed by Citizens Bank of Pennsylvania, RBS Citizens, N.A., The Royal Bank of Scotland Group PLC. ENDORSEMENT: The deadline is hereby extended to September 14, 2015. (Signed by Judge Jesse M. Furman on 9/4/2015) (tn) (Entered: 09/04/2015)
82
Filed: 9/4/2015, Entered: None
Unknown Document Type
JOINT LETTER addressed to Judge Jesse M. Furman from David Sapir Lesser dated 9/4/2015 re: Court's September 2 Order. Document filed by Citizens Bank of Pennsylvania, RBS Citizens, N.A., The Royal Bank of Scotland Group PLC.(Lesser, David) (Entered: 09/04/2015)
81
Filed: 9/2/2015, Entered: None
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ORDER: It is hereby ORDERED that, no later than September 9, 2015, the parties shall file supplemental briefs, not to exceed eight pages, addressing whether Defendants waived any personal jurisdiction defense pursuant to Daimler AG v. Bauman, 134 S. Ct. 746 (2014), by failing to raise that issue in some fashion while the case was pending in the Court of Appeals. In particular, the parties should address whether any other court has found a personal jurisdiction defense to be preserved or waived under similar circumstances, and whether any justification exists for Defendants' failure to raise the defense while the case was pending on appeal. (Brief due by 9/9/2015.) (Signed by Judge Jesse M. Furman on 9/2/2015) (kl) (Entered: 09/02/2015)
80
Filed: 8/14/2015, Entered: None
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LETTER addressed to Judge Jesse M. Furman from David Sapir Lesser dated 8/14/2015 re: Oral Argument. Document filed by Citizens Bank of Pennsylvania, RBS Citizens, N.A., The Royal Bank of Scotland Group PLC.(Lesser, David) (Entered: 08/14/2015)
79
Filed: 8/14/2015, Entered: None
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REPLY MEMORANDUM OF LAW in Support re: 28 MOTION to Dismiss Amended Complaint. . Document filed by Citizens Bank of Pennsylvania, RBS Citizens, N.A., The Royal Bank of Scotland Group PLC. (Attachments: # 1 Addendum A, # 2 Addendum B)(Lesser, David) (Entered: 08/14/2015)
MEMORANDUM OF LAW re: 28 MOTION to Dismiss Amended Complaint., 55 MOTION to Transfer Case . Plaintiffs' Memorandum of Law in Opposition to Renewed Motion to Dismiss the Amended Complaint and in Further Support of Motion to Transfer Venue. Document filed by BPP Illinois, LLC, BPP Iowa, LLC, BPP Michigan, LLC, BPP Minnesota, LLC, BPP Texas, LLC, BPP Wisconsin, LLC, Budget Portfolio Properties, LLC, FFC Partnership, L.P., Fine Capital Associates, L.P.. (New, Jonathan) (Entered: 08/07/2015)
NOTICE OF APPEARANCE by Dominic A. Gentile on behalf of BPP Illinois, LLC, BPP Iowa, LLC, BPP Michigan, LLC, BPP Minnesota, LLC, BPP Texas, LLC, BPP Wisconsin, LLC, Budget Portfolio Properties, LLC, FFC Partnership, L.P., Fine Capital Associates, L.P.. (Gentile, Dominic) (Entered: 08/07/2015)
76
Filed: 8/7/2015, Entered: None
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NOTICE OF APPEARANCE by Jonathan Brian New on behalf of BPP Illinois, LLC, BPP Iowa, LLC, BPP Michigan, LLC, BPP Minnesota, LLC, BPP Texas, LLC, BPP Wisconsin, LLC, Budget Portfolio Properties, LLC, FFC Partnership, L.P., Fine Capital Associates, L.P.. (New, Jonathan) (Entered: 08/07/2015)
75
Filed: 8/7/2015, Entered: None
Unknown Document Type
DECLARATION of Loura Alaverdi in Support re: 61 MOTION for Leave to File Second Amended Complaint .. Document filed by BPP Illinois, LLC, BPP Iowa, LLC, BPP Michigan, LLC, BPP Minnesota, LLC, BPP Texas, LLC, BPP Wisconsin, LLC, Budget Portfolio Properties, LLC, FFC Partnership, L.P., Fine Capital Associates, L.P.. (Siegal, John) (Entered: 08/07/2015)
74
Filed: 8/7/2015, Entered: None
Unknown Document Type
REPLY MEMORANDUM OF LAW in Support re: 61 MOTION for Leave to File Second Amended Complaint . . Document filed by BPP Illinois, LLC, BPP Iowa, LLC, BPP Michigan, LLC, BPP Minnesota, LLC, BPP Texas, LLC, BPP Wisconsin, LLC, Budget Portfolio Properties, LLC, FFC Partnership, L.P., Fine Capital Associates, L.P.. (Siegal, John) (Entered: 08/07/2015)
73
Filed: 7/31/2015, Entered: None
Unknown Document Type
MEMORANDUM OF LAW in Opposition re: 61 MOTION for Leave to File Second Amended Complaint . . Document filed by RBS Citizens, N.A., The Royal Bank of Scotland Group PLC. (Lesser, David) (Entered: 07/31/2015)
72
Filed: 7/24/2015, Entered: None
Unknown Document Type
DECLARATION of William Gougherty in Support re: 71 Memorandum of Law,. Document filed by Citizens Bank of Pennsylvania, RBS Citizens, N.A., The Royal Bank of Scotland Group PLC. (Lesser, David) (Entered: 07/24/2015)
MEMORANDUM OF LAW re: 28 MOTION to Dismiss Amended Complaint., 55 MOTION to Transfer Case . (Memorandum of Law in Support of Defendants' Renewed Motion to Dismiss the Amended Complaint and in Opposition to Plaintiffs' Motion to Transfer). Document filed by Citizens Bank of Pennsylvania, RBS Citizens, N.A., The Royal Bank of Scotland Group PLC. (Lesser, David) (Entered: 07/24/2015)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Citizens Financial Group, Inc. for Citizens Bank of Pennsylvania, RBS Citizens, N.A.; Corporate Parent No parent company for The Royal Bank of Scotland Group PLC. Document filed by Citizens Bank of Pennsylvania, RBS Citizens, N.A., The Royal Bank of Scotland Group PLC.(Lesser, David) (Entered: 07/24/2015)
ORDER denying 66 Motion to Stay. In view of, among other things, the fact that the parties would have to brief most of the pending issues whether the case is transferred to the District of Massachusetts or not, the Court does not see much to be gained by staying the case pending a decision on the motion to transfer venue. Accordingly, notwithstanding Defendants' consent, the motion for a stay is DENIED. All dates and deadlines with respect to the two pending motions and Defendants' anticipated motion to dismiss remain in effect. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 07/22/2015)
LETTER addressed to Judge Jesse M. Furman from David Sapir Lesser dated July 21, 2015 re: in response to Plaintiffs' July 20, 2015 letter requesting a stay. Document filed by RBS Citizens, N.A., The Royal Bank of Scotland Group PLC.(Lesser, David) (Entered: 07/21/2015)
LETTER addressed to Judge Jesse M. Furman from John Siegal dated July 21, 2015 re: Request for Oral Argument on Plaintiffs' Motion for a Stay of Further Proceedings. Document filed by BPP Illinois, LLC, BPP Iowa, LLC, BPP Michigan, LLC, BPP Minnesota, LLC, BPP Texas, LLC, BPP Wisconsin, LLC, Budget Portfolio Properties, LLC, FFC Partnership, L.P., Fine Capital Associates, L.P..(Siegal, John) (Entered: 07/21/2015)
MEMO ENDORSEMENT on re: 64 Letter,, filed by Budget Portfolio Properties, LLC, FFC Partnership, L.P., BPP Iowa, LLC, BPP Minnesota, LLC, BPP Michigan, LLC, Fine Capital Associates, L.P., BPP Texas, LLC, BPP Illinois, LLC, BPP Wisconsin, LLC. ENDORSEMENT: Defendants shall respond by letter no later than July 21, 2015. Counsel is reminded that applications for relief must, under the Court's Individual Rules and the SDNY ECF Rules, be filed as motions or letter motions, not ordinary letters. (Signed by Judge Jesse M. Furman on 7/20/2015) (tn) (Entered: 07/20/2015)
LETTER addressed to Judge Jesse M. Furman from John Siegal dated July 20, 2015 re: Plaintiff's Letter Motion Pursuant to the Court's Order of July 15, 2015, Requesting a Stay of All Further Proceedings Pending the Hearing and Determination of Plaintiff's Motion to Transfer. Document filed by BPP Illinois, LLC, BPP Iowa, LLC, BPP Michigan, LLC, BPP Minnesota, LLC, BPP Texas, LLC, BPP Wisconsin, LLC, Budget Portfolio Properties, LLC, FFC Partnership, L.P., Fine Capital Associates, L.P..(Siegal, John) (Entered: 07/20/2015)
LETTER addressed to Judge Jesse M. Furman from John Siegal dated July 17, 2015 re: Request for Oral Argument on Plaintiffs' Motion for Leave to File Second Amended Complaint. Document filed by BPP Illinois, LLC, BPP Iowa, LLC, BPP Michigan, LLC, BPP Minnesota, LLC, BPP Texas, LLC, BPP Wisconsin, LLC, Budget Portfolio Properties, LLC, FFC Partnership, L.P., Fine Capital Associates, L.P..(Siegal, John) (Entered: 07/17/2015)
ORDER with respect to 55 Motion to Transfer Case. Defendants shall file any opposition to Plaintiffs' motion by July 24, 2015. Further, Defendants are granted an extension until the same date to file their anticipated motion to dismiss and shall file a single memorandum of law, not to exceed 30 pages, in support of their motion and in opposition to Plaintiffs' motion to transfer venue. Plaintiffs shall file a single memorandum, not to exceed 30 pages, in opposition to Defendants' motion and in reply to their motion to transfer venue by August 7, 2015; Defendants' reply in further support of their motion to dismiss, if any, shall be filed by August 14, 2015. The deadlines for any motion by Plaintiffs for leave to amend remain the same as those set forth in the Court's Order of June 17, 2015. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 07/16/2015)
LETTER addressed to Judge Jesse M. Furman from John Siegal dated July 16, 2015 re: Requesting Oral Argument on Plaintiffs' Motion to Transfer Venue. Document filed by BPP Illinois, LLC, BPP Iowa, LLC, BPP Michigan, LLC, BPP Minnesota, LLC, BPP Texas, LLC, BPP Wisconsin, LLC, Budget Portfolio Properties, LLC, FFC Partnership, L.P., Fine Capital Associates, L.P..(Siegal, John) (Entered: 07/16/2015)
DECLARATION of John Siegal in Support re: 55 MOTION to Transfer Case .. Document filed by BPP Illinois, LLC, BPP Iowa, LLC, BPP Michigan, LLC, BPP Minnesota, LLC, BPP Texas, LLC, BPP Wisconsin, LLC, Budget Portfolio Properties, LLC, FFC Partnership, L.P., Fine Capital Associates, L.P.. (Attachments: # 1 Exhibit 1-Excerpt of the Deposition of Kevin Spence, # 2 Exhibit 2-Email Dated January 28, 2008, # 3 Exhibit 3-Series of Emails Dated February 12-14, 2008, # 4 Exhibit 4-Email Dated February 19, 2008, # 5 Exhibit 5-Series of Emails Dated February 26, 2008, # 6 Exhibit 6-Series of Emails Dated June 9, 2008, # 7 Exhibit 7-Email Dated January 30, 2008, # 8 Exhibit 8-Series of Communications With a Date Range of December 17, 2007 to June 9, 2008)(Siegal, John) (Entered: 07/16/2015)
MEMORANDUM OF LAW in Support re: 55 MOTION to Transfer Case . . Document filed by BPP Illinois, LLC, BPP Iowa, LLC, BPP Michigan, LLC, BPP Minnesota, LLC, BPP Texas, LLC, BPP Wisconsin, LLC, Budget Portfolio Properties, LLC, FFC Partnership, L.P., Fine Capital Associates, L.P.. (Siegal, John) (Entered: 07/16/2015)
ORDER: Earlier today, the Court received a proposed Order To Show Cause from Plaintiffs, referencing a motion to transfer venue that has not been filed; directing Defendants to show cause why venue should not be transferred to the District of Massachusetts; and staying "all other motions and proceedings in this action" pending a ruling on the motion to transfer. The Court sees no reason to proceed by way of Order To Show Cause. Accordingly, Plaintiff's application for an Order To Show Cause is DENIED, without prejudice to renewal of the application for a stay by ordinary letter motion after Plaintiffs have filed a motion for transfer of venue. Unless and until the Court grants a stay (or an extension based on a proper letter motion seeking such relief), all dates and deadlines remain in effect. (Signed by Judge Jesse M. Furman on 7/15/2015) (ab) (Entered: 07/15/2015)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 6/17/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 06/29/2015)
TRANSCRIPT of Proceedings re: conference held on 6/17/2015 before Judge Jesse M. Furman. Court Reporter/Transcriber: Tara Jones, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/23/2015. Redacted Transcript Deadline set for 8/3/2015. Release of Transcript Restriction set for 10/1/2015.(McGuirk, Kelly) (Entered: 06/29/2015)
ORDER: that Plaintiffs shall file any motion for leave to amend the Complaint to address its deficiencies under Rule 9(b) of the Federal Rules of Civil Procedure by July 17, 2015; any opposition shall be due by July 31, 2015, and any reply shall be due by August 7, 2015. By no later than July 17, 2015, Defendants shall submit a motion (1) renewing (and updating) any arguments that they made in their original motion to dismiss that the Court did not address; and (2) raising any personal jurisdiction arguments that Defendants may have. Plaintiffs' opposition shall be due by July 31, 2015, and any reply shall be due by August 7, 2015. (Motions due by 7/17/2015. Responses due by 7/31/2015. Replies due by 8/7/2015.) (Signed by Judge Jesse M. Furman on 6/17/2015) (tn) (Entered: 06/17/2015)
LETTER addressed to Judge Jesse M. Furman from John Siegal dated June 12, 2015 re: Raising an Additional Issue in Advance of the June 17, 2015 Conference That Plaintiffs' Would Like to Present to the Court. Document filed by BPP Illinois, LLC, BPP Iowa, LLC, BPP Michigan, LLC, BPP Minnesota, LLC, BPP Texas, LLC, BPP Wisconsin, LLC, Budget Portfolio Properties, LLC, FFC Partnership, L.P., Fine Capital Associates, L.P..(Siegal, John) (Entered: 06/12/2015)
SCHEDULING ORDER: that the parties shall appear for a conference with the Court on June 17, 2015, at 11:00 a.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. After conferring with each other, the parties shall be prepared to address at the conference: (1) whether supplemental briefing on any of the issues that the Court declined to reach in its prior opinion (and which the Second Circuit did not address) is called for; and (2) whether the Court should authorize, on a short schedule, limited discovery on the statute of limitations issue, followed by summary judgment practice limited to that issue. (Status Conference set for 6/17/2015 at 11:00 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 6/4/2015) (tn) (Entered: 06/04/2015)
MANDATE of USCA (Certified Copy) as to 46 Notice of Appeal, filed by Budget Portfolio Properties, LLC, FFC Partnership, L.P., BPP Iowa, LLC, BPP Minnesota, LLC, BPP Michigan, LLC, Fine Capital Associates, L.P., BPP Texas, LLC, BPP Illinois, LLC, BPP Wisconsin, LLC. USCA Case Number 13-4459-cv. ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED,AND DECREED that the judgment of said District Court be and it hereby is AFFIRMED IN PART, VACATED IN PART, and REMANDED for further proceedings consistent with this order. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 06/03/2015. (nd) (Entered: 06/03/2015)
TRUE COPY ORDER of USCA as to 46 Notice of Appeal, filed by Budget Portfolio Properties, LLC, FFC Partnership, L.P., BPP Iowa, LLC, BPP Minnesota, LLC, BPP Michigan, LLC, Fine Capital Associates, L.P., BPP Texas, LLC, BPP Illinois, LLC, BPP Wisconsin, LLC USCA Case Number 13-4459-cv. ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED,AND DECREED that the judgment of said District Court be and it hereby is AFFIRMED IN PART, VACATED IN PART, and REMANDED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 05/13/2015. (nd) (Entered: 05/13/2015)
NOTICE OF APPEAL from 45 Clerk's Judgment, 44 Memorandum & Opinion,,. Document filed by BPP Illinois, LLC, BPP Iowa, LLC, BPP Michigan, LLC, BPP Minnesota, LLC, BPP Texas, LLC, BPP Wisconsin, LLC, Budget Portfolio Properties, LLC, FFC Partnership, L.P., Fine Capital Associates, L.P.. Filing fee $ 455.00, receipt number 0208-9083759. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Siegal, John) (Entered: 11/15/2013)
45
Filed: 11/14/2013, Entered: None
Unknown Document Type
CLERK'S JUDGMENT: That for the reasons stated in the Court's Opinion and Order dated November 13, 2013, Defendants' motion to dismiss the Amended Complaint is granted, and Defendants' previously filed motion to dismiss the initial Complaint is denied as moot; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 11/14/2013) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 11/14/2013)
44
Filed: 11/14/2013, Entered: None
OPINION AND ORDER re: 21 MOTION to Dismiss Complaint. filed by Citizens Bank of Pennsylvania, RBS Citizens, N.A., The Royal Bank of Scotland Group PLC, 28 MOTION to Dismiss Amended Complaint. filed by Citizens Bank of Pennsylvania, RBS Citizens, N.A., The Royal Bank of Scotland Group PLC. For the foregoing reasons, Defendants' motion to dismiss the Amended Complaint is GRANTED. Defendants' previously filed motion to dismiss the initial Complaint is denied as moot. The Clerk of Court is directed to terminate Docket Nos. 21 and 28 and to close the case. (Signed by Judge Jesse M. Furman on 11/13/2013) (djc)
OPINION AND ORDER re: 21 MOTION to Dismiss Complaint. filed by Citizens Bank of Pennsylvania, RBS Citizens, N.A., The Royal Bank of Scotland Group PLC, 28 MOTION to Dismiss Amended Complaint. filed by Citizens Bank of Pennsylvania, RBS Citizens, N.A., The Royal Bank of Scotland Group PLC. For the foregoing reasons, Defendants' motion to dismiss the Amended Complaint is GRANTED. Defendants' previously filed motion to dismiss the initial Complaint is denied as moot. The Clerk of Court is directed to terminate Docket Nos. 21 and 28 and to close the case. (Signed by Judge Jesse M. Furman on 11/13/2013) (djc) (Entered: 11/13/2013)
43
Filed: 10/1/2013, Entered: None
Unknown Document Type
LETTER addressed to Judge Jesse M. Furman from John Siegal dated October 1, 2013 re: Plaintiff's response to Defendant's sur-reply submitted on September 27, 2013.. Document filed by BPP Illinois, LLC, BPP Iowa, LLC, BPP Michigan, LLC, BPP Minnesota, LLC, BPP Texas, LLC, BPP Wisconsin, LLC, Budget Portfolio Properties, LLC, FFC Partnership, L.P., Fine Capital Associates, L.P..(Siegal, John) (Entered: 10/01/2013)
42
Filed: 9/27/2013, Entered: None
Unknown Document Type
RESPONSE re: 41 Memorandum of Law in Opposition to Motion, (Defendants' Response to Plaintiffs' Supplemental Brief.). Document filed by Citizens Bank of Pennsylvania, RBS Citizens, N.A., The Royal Bank of Scotland Group PLC. (Lesser, David) (Entered: 09/27/2013)
41
Filed: 9/20/2013, Entered: None
Unknown Document Type
SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: 28 MOTION to Dismiss Amended Complaint. Plaintiff's Supplemental Brief on Statute of Limitations Issues in Further Opposition to Defendant's Motion to Dismiss. Document filed by BPP Illinois, LLC, BPP Iowa, LLC, BPP Michigan, LLC, BPP Minnesota, LLC, BPP Texas, LLC, BPP Wisconsin, LLC, Budget Portfolio Properties, LLC, FFC Partnership, L.P., Fine Capital Associates, L.P.. (Siegal, John) (Entered: 09/20/2013)
40
Filed: 9/20/2013, Entered: None
Unknown Document Type
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 28 MOTION to Dismiss Amended Complaint. (Supplemental Memorandum of Law in Support of Defendants' Motion to Dismiss the Amended Complaint.). Document filed by Citizens Bank of Pennsylvania, RBS Citizens, N.A., The Royal Bank of Scotland Group PLC. (Lesser, David) (Entered: 09/20/2013)
39
Filed: 9/16/2013, Entered: None
Unknown Document Type
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 9/10/13 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...(Rodriguez, Somari) (Entered: 09/16/2013)
TRANSCRIPT of Proceedings re: ARGUMENT held on 9/10/2013 before Judge Jesse M. Furman. Court Reporter/Transcriber: Denise Richards, (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 10/10/2013. Redacted Transcript Deadline set for 10/21/2013. Release of Transcript Restriction set for 12/19/2013.(Rodriguez, Somari) (Entered: 09/16/2013)
REVISED SCHEDULING ORDER: The oral argument previously scheduled for September 10, 2013 at 11:00 a.m. is rescheduled for September 10, 2013 at 10:00 a.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Oral Argument set for 9/10/2013 at 10:00 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 9/4/2013) (lmb) (Entered: 09/04/2013)
36
Filed: 8/6/2013, Entered: None
Unknown Document Type
REVISED SCHEDULING ORDER: The oral argument previously scheduled for August 13, 2013 is rescheduled for September 10, 2013 at 11:00 a.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Oral Argument set for 9/10/2013 at 11:00 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 8/6/2013) (lmb) (Entered: 08/07/2013)
35
Filed: 7/16/2013, Entered: None
Unknown Document Type
ENDORSED LETTER addressed to Judge Jesse M. Furman from John Siegal dated 7/16/2013 re: I write on behalf of all counsel to request that the oral argument on defendants' motion to dismiss the amended complaint, currently scheduled for August 15, be rescheduled because I will be engaged that day in a previously-scheduled, out-of-state arbitration hearing. ENDORSEMENT: Oral argument is rescheduled for August 13, 2013, at 11 a.m., ( Oral Argument set for 8/13/2013 at 11:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 7/16/2013) (lmb) Modified on 7/17/2013 (lmb). (Entered: 07/17/2013)
34
Filed: 7/12/2013, Entered: None
Unknown Document Type
ENDORSED LETTER addressed to Judge Jesse M. Furman from David Lesser dated 7/8/2013 re: Pursuant to Rule 3.H of Your Honor's Individual Rules and Practices in Civil Cases, Defendants respectfully request that oral argument be heard on Defendants' pending motion to dismiss, which is fully briefed today. ENDORSEMENT: Application GRANTED. Counsel shall appear for oral argument on August 15, 2013, at 11 a.m., in Courtroom 1105 of the United States Courthouse, 40 Centre Street, New York, NY., ( Oral Argument set for 8/15/2013 at 11:00 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 7/12/2013) (lmb) (Entered: 07/12/2013)
33
Filed: 7/8/2013, Entered: None
Unknown Document Type
REPLY MEMORANDUM OF LAW in Support re: 28 MOTION to Dismiss Amended Complaint. (Reply Memorandum of Law in Support of Defendants' Motion to Dismiss the Amended Complaint.). Document filed by Citizens Bank of Pennsylvania, RBS Citizens, N.A., The Royal Bank of Scotland Group PLC. (Lesser, David) (Entered: 07/08/2013)
MEMORANDUM OF LAW in Support re: 28 MOTION to Dismiss Amended Complaint.. Document filed by Citizens Bank of Pennsylvania, RBS Citizens, N.A., The Royal Bank of Scotland Group PLC. (Lesser, David) (Entered: 05/28/2013)
MOTION to Dismiss Amended Complaint. Document filed by Citizens Bank of Pennsylvania, RBS Citizens, N.A., The Royal Bank of Scotland Group PLC.(Lesser, David) (Entered: 05/28/2013)
AMENDED COMPLAINT against Citizens Bank of Pennsylvania, RBS Citizens, N.A., The Royal Bank of Scotland Group PLC with JURY DEMAND.Document filed by Budget Portfolio Properties, LLC, BPP Michigan, LLC, FFC Partnership, L.P., BPP Iowa, LLC, Fine Capital Associates, L.P., BPP Illinois, LLC, BPP Minnesota, LLC, BPP Wisconsin, LLC, BPP Texas, LLC.(cd) (Entered: 05/10/2013)
NOTICE OF APPEARANCE by Loura Laresa Alaverdi on behalf of Budget Portfolio Properties, LLC (Alaverdi, Loura) (Entered: 05/07/2013)
25
Filed: 5/7/2013, Entered: None
Unknown Document Type
NOTICE OF APPEARANCE by John Siegal on behalf of Budget Portfolio Properties, LLC (Siegal, John) (Entered: 05/07/2013)
24
Filed: 4/16/2013, Entered: None
Unknown Document Type
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Citizens Financial Group. Inc., Other Affiliate The Royal Bank of Scotland plc, Other Affiliate RBSG International Holdings Limited, Other Affiliate RBS CBFM North America Corp. for Citizens Bank of Pennsylvania. Document filed by Citizens Bank of Pennsylvania.(Sulkowski, Sarah) (Entered: 04/16/2013)
DECLARATION of Sarah A. Sulkowski in Support re: 21 MOTION to Dismiss Complaint.. Document filed by Citizens Bank of Pennsylvania, RBS Citizens, N.A., The Royal Bank of Scotland Group PLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Sulkowski, Sarah) (Entered: 04/16/2013)
MEMORANDUM OF LAW in Support re: 21 MOTION to Dismiss Complaint.. Document filed by Citizens Bank of Pennsylvania, RBS Citizens, N.A., The Royal Bank of Scotland Group PLC. (Sulkowski, Sarah) (Entered: 04/16/2013)
MOTION to Dismiss Complaint. Document filed by Citizens Bank of Pennsylvania, RBS Citizens, N.A., The Royal Bank of Scotland Group PLC. Responses due by 6/3/2013(Sulkowski, Sarah) (Entered: 04/16/2013)
20
Filed: 4/16/2013, Entered: None
Unknown Document Type
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Citizens Financial Group, Inc. for RBS Citizens, N.A.. Document filed by RBS Citizens, N.A., The Royal Bank of Scotland Group PLC.(Sulkowski, Sarah) (Entered: 04/16/2013)
19
Filed: 4/15/2013, Entered: None
Unknown Document Type
FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Citizens Financial Group, Inc. for Citizens Bank of Pennsylvania. Document filed by Citizens Bank of Pennsylvania.(Sulkowski, Sarah) Modified on 4/16/2013 (lb). (Entered: 04/15/2013)
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss Complaint. Document filed by Citizens Bank of Pennsylvania, RBS Citizens, N.A., The Royal Bank of Scotland Group PLC. Responses due by 6/3/2013 (Attachments: # 1 Memorandum of Law in Support of Motion to Dismiss, # 2 Declaration of Sarah A. Sulkowski, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L)(Sulkowski, Sarah) Modified on 4/16/2013 (ldi). (Entered: 04/15/2013)
NOTICE OF APPEARANCE by Colin Reardon on behalf of Citizens Bank of Pennsylvania, RBS Citizens, N.A., The Royal Bank of Scotland Group PLC (Reardon, Colin) (Entered: 04/15/2013)
16
Filed: 4/15/2013, Entered: None
Unknown Document Type
NOTICE OF APPEARANCE by Alan Schoenfeld on behalf of Citizens Bank of Pennsylvania, RBS Citizens, N.A., The Royal Bank of Scotland Group PLC (Schoenfeld, Alan) (Entered: 04/15/2013)
15
Filed: 4/15/2013, Entered: None
Unknown Document Type
NOTICE OF APPEARANCE by Fraser Lee Hunter, Jr on behalf of Citizens Bank of Pennsylvania, RBS Citizens, N.A., The Royal Bank of Scotland Group PLC (Hunter, Fraser) (Entered: 04/15/2013)
STIPULATION AND ORDER: The parties jointly submit this Stipulation pursuant to the Court's instructions at the initial conference held on April 5, 2013. Amended Pleadings due by 5/6/2013., Motions due by 4/15/2013., Responses due by 6/24/2013., Replies due by 7/8/2013. (Signed by Judge Jesse M. Furman on 4/9/2013) (lmb) (Entered: 04/09/2013)
FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - NOTICE of Stipulation. Document filed by Citizens Bank of Pennsylvania, RBS Citizens, N.A., The Royal Bank of Scotland Group PLC. (Sulkowski, Sarah) Modified on 4/9/2013 (ka). (Entered: 04/08/2013)
ORDER: In advance of the pre-trial conference on April 5, 2013, the parties are directed to confer with each other about the relevance, if any, of the March 29, 2013 opinion issued in In re LIBOR-Based Financial Instruments Antitrust Litigation, No. 11 MD 2262 (NRB) (S.D.N.Y. March 29, 2013) (Docket No. 286). In addition, the parties are directed to be prepared to discuss the relevance of that opinion at the conference. (Signed by Judge Jesse M. Furman on 4/3/2013) (lmb) (Entered: 04/04/2013)
ORDER granting 10 Motion for Sarah Ann Sulkowski to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 04/04/2013)
MOTION for Sarah Ann Sulkowski to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8384716. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Citizens Bank of Pennsylvania, RBS Citizens, N.A., The Royal Bank of Scotland Group PLC. (Attachments: # 1 Text of Proposed Order Proposed order)(Sullkowski, Sarah) (Entered: 04/03/2013)
NOTICE OF APPEARANCE by Robert G. Houck on behalf of Citizens Bank of Pennsylvania, RBS Citizens, N.A., The Royal Bank of Scotland Group PLC (Houck, Robert) (Entered: 04/01/2013)
NOTICE OF APPEARANCE by David Sapir Lesser on behalf of Citizens Bank of Pennsylvania, RBS Citizens, N.A., The Royal Bank of Scotland Group PLC (Lesser, David) (Entered: 04/01/2013)
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/5/2013 at 11:45 AM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman as further set forth in this order. (Signed by Judge Jesse M. Furman on 3/7/2013) (lmb) (Entered: 03/08/2013)
CERTIFICATE of Counsel by Robert G. Houck on behalf of RBS Citizens, N.A., The Royal Bank of Scotland Group PLC. , of filing and service of Notice of Filing of Notice of Removal. (Houck, Robert) (Entered: 02/01/2013)
STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (jom) (Entered: 01/30/2013)
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 654477-12. (Filing Fee $ 350.00, Receipt Number 465401058743).Document filed by The Royal Bank of Scotland Group PLC, RBS Citizens, N.A. (jom) (Entered: 01/30/2013)
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