Core Litigation Trust v. Apollo Global Management, LLC et al

Filing 65

MINUTES (IN CHAMBERS): ORDER DENYING WITHOUT PREJUDICE Plaintiff Motion to Remand #38 ; and ORDER GRANTING Defendants' Joint Motion to Transfer Venue #39 by Judge John F. Walter: Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court found these matters appropriate for submission on the papers without oral argument. The matters were, therefore, removed from the Court's 3/27/2017 hearing calendar and the parties were given advance notice. After considering the moving, opposing, and reply papers, and the arguments therein, the Court rules as follows: For the reasons stated in the Endemol Defendants moving and reply papers, the Endemol Defendants' Joint Motion to Transfer Venue is GRANTED, and this action is TRANSFERRED to the United States District Court for the Southern District of New York. Plaintiff's Motion to Remand is DENIED without prejudice to refiling once the case is transferred. Case transferred electronically. (MD JS-6. Case Terminated.) (jp)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

JS-6

CIVIL MINUTES -- GENERAL
Case No.

CV 17-927-JFW(AGRx)

Title:

Core Litigation Trust -v- Apollo Global Management, LLC, et al.

Date: April 5, 2017

PRESENT:
HONORABLE JOHN F. WALTER, UNITED STATES DISTRICT JUDGE
Shannon Reilly
Courtroom Deputy

None Present
Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFFS:
None
PROCEEDINGS (IN CHAMBERS):

ATTORNEYS PRESENT FOR DEFENDANTS:
None

ORDER DENYING WITHOUT PREJUDICE PLAINTIFF’S
MOTION TO REMAND [filed 2/21/17; Docket No. 38];
and
ORDER GRANTING DEFENDANTS’ JOINT MOTION TO
TRANSFER VENUE [filed 2/21/17; Docket No. 39]

On February 21, 2017, Plaintiff Core Litigation Trust, by and through its duly appointed
trustee, Peter Kravitz (“Plaintiff”), filed a Motion to Remand. On March 6, 2017, Defendants Apollo
Global Management, LLC; Apollo Global Securities, LLC; Apollo Management Holdings GP, LLC;
Apollo Management Holdings, L.P.; Apollo Management GP, LLC; Apollo Management, L.P.;
Apollo CORE Holdings GP, LLC; Apollo CORE Holdings, L.P.; Apollo Capital Management VII,
LLC; Apollo Advisors VII, L.P.; Apollo Investment Fund VII, L.P.; Apollo Overseas Partners VII
(Delaware), L.P.; Apollo Overseas Partners (Delaware 892) VII, L.P.; Apollo Investment Fund (PB)
VII, L.P.; AP NMT Coöperatief U.A.; and Apollo Overseas Partners VII, L.P. filed their Opposition.
On March 13, 2017, Plaintiff filed a Reply. On February 21, 2017, Defendants Endemol USA
Holding, Inc.; AP NMT JV Newco B.V.; MediArena Holding, B.V.; and Endemol Shine North
America (a fictitious entity) (collectively, the “Endemol Defendants”) filed a Joint Motion to Transfer
Venue. On March 6, 2017, Plaintiff filed its Opposition. On March 13, 2017, the Endemol
Defendants filed a Reply. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local
Rule 7-15, the Court found these matters appropriate for submission on the papers without oral
argument. The matters were, therefore, removed from the Court’s March 27, 2017 hearing
calendar and the parties were given advance notice. After considering the moving, opposing, and
reply papers, and the arguments therein, the Court rules as follows:
For the reasons stated in the Endemol Defendants’ moving and reply papers, the Endemol
Defendants’ Joint Motion to Transfer Venue is GRANTED, and this action is TRANSFERRED to
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the United States District Court for the Southern District of New York. Plaintiff’s Motion to Remand
is DENIED without prejudice to refiling once the case is transferred. See, e.g., Public
Employees’ Retirement System of Mississippi v. Stanley, 605 F. Supp. 2d 1073, 1074 (C.D. Cal.
2009) (“Defendants submitted a meritorious motion to transfer to the Southern District of New
York. This Court need not address the propriety of removal before riling on the motion to
transfer”).
IT IS SO ORDERED.

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