LaSalle Bank National Association v. BNP Paribas et al

Filing 74

ORDER. Tthis Court has jurisdiction over the subject matter of this action; this action is appropriately brought as an interpleader; Pending a final judgment with respect to the disposition of the Disputed Fund (the"Final Judgment"), the Tr ustee shall maintain the Disputed Funds in escrow; the Interpleader Defendants shall interplead their claims to the Disputed Funds; upon entry of the Final Judgment, the Trustee shall distribute the Disputed Funds in accordance with the Final Judgmen t; pending the Final Judgment, the Interleader Defendants and all claiming through or acting with them, or any other person or entity claiming any interest, legal or beneficial, in the Disputed Funds, are hereby enjoined pursuant to 28 U.S.C. section s 2283 or 2361 from commencing or prosecuting any separate litigation concerning or relating to the Disputed Funds. The Trustee is hereby released and discharged from any and all liability to any person claiming to have suffered harm as a result of the fact that the Trustee has escrowed the Disputed Funds and commenced and maintained this interpleader action.On or before July 31, 2009, the Trustee shall give notice that August 17, 2009, shall constitute the deadline to intervene or join this ac tion (the "Intervention Deadline", as set forth herein. Upon receipt of a copy of the Notice, the Complaint and this Order, Cede & Co. shall distribute or post electronically a copy of the Notice, the Complaint and this Order to those of i ts Participants (as that term is used in the Rules of the Depository Trust Company) who are identified on the books and records of The Depository Trust Company as having on deposit with the Depository Trust Company as of May 1, 2009, any of the Class A-1T, Class A-2, Class A-3 and Class A-4 Notes. (Signed by Judge Loretta A. Preska on 7/15/09) pursuant to Mr. Johnson's letter (attached) (djc)