Irving H. Picard v. Saul B. Katz et al

Filing 181

ORDER. This Order serves as the written order pursuant to Rule 2(b) this Court's Individual Rules of Practice, entered following a telephone conference on March 15, 2012 among the parties, Chambers and counsel for certain third parties also being sued by Plaintiff in connection with the Bernard L. Madoff Investment Securities LLC liquidation listed on Annex A (the "Requesting Parties"): 1. The oral ruling of the Court at a similar telephone conference on March 14, 2012 involving similarly situated third parties, is confirmed: if the Court decides to address the "constant dollar/time value" issue in the above captioned action, an appropriate opportunity will be afforded for interested parties to file submissions on the issue. 2. Other than as may later be permitted under paragraph 1, the proposed motions of the Requesting Parties for procedural consolidation, limited intervention or leave to submit an amicus brief, in each case in respect of the "constant dollar/time value" issue, are denied, without prejudice. (Signed by Judge Jed S. Rakoff on 3/16/2012) (rjm)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

x
IRVING H. PICARD, TRUSTEE,
Plaintiff,

11 Civ. 3605 (JSR)

v.
ORDER
SAUL B. KATZ, et al.,
Defendants.

x
JED S. RAKOFF, U.S.D.J.
This Order serves as the \\<Titten order pursuant to Rule 2(b) this Court's Individual Rules
of Practice, entered following a telephone conference on March 15,2012 among the parties,
Chambers and counsel for certain third parties also being sued by Plaintiff in connection with the
Bernard L Madoff Investment Securities LLC liquidation listed on Annex A (the "Requesting
Parties"):
1.

The oral ruling of the Court at a similar telephone conference on March 14, 2012

involving similarly situated third parties, is confirmed: if the Court decides to address the
"constant dollar/time value" issue in the above-captioned action, an appropriate opportunity will
be afforded for interested parties to file submissions on the issue.

NYI005999.3
217250-1000 1

2.

Other than as may later be permitted under paragraph 1, the proposed motions of

the Requesting Parties for procedural consolidation, limited intervention or leave to submit an
amicus brief~ in each case in respect of the "constant dollar/time value" issue, are denied, without
prejudice.
SO ORDERED

JE
Dated: New York, New York
March 16,2012

NY 1005999.3
217250-10001

2

. RAKO

,U.S.D.l

ANNEXA

Case Nos.

Loeb & Loeb Defendants

Adv..Proc. No.
10-4342
District Ct. No.
II-cv-08668

Kenneth L. Evenstad Revocable Trust u/a/d May 2, 2000
Kenneth L. Evenstad in his capacity as Grantor and Trustee for the
Kenneth L. Evenstad Revocable Trust
Grace B. Evenstad in her capacity as Trustee for the Kenneth L.
Evenstad Revocable Trust
Kenneth L. Evenstad, individually
Grace B. Evenstad, individually

Adv. Proc. No.
10-4933
District Ct. No.
ll-cv-08674

Kenneth L. Evenstad Revocable Trust u/a/d May 2, 2000
Kenneth L. Evenstad, as Grantor and Trustee ofthe Kenneth L.
Evenstad Revocable Trust and individually
Grace B. Evenstad, as Trustee ofthe Kenneth L. Evenstad Revocable
Trust and individually

Adv. Proc. No.
10-4952
Dist. Ct. No. 11­
cv-09179

MBE Preferred Limited Partnership
MBE General LLC, as the General Partner of MBE Preferred
Limited Partnership
Kenneth Evenstad Revocable Trust u/a/d May 2, 2000 as a
Limited Partner ofMBE Preferred Limited Partnership
Kenneth L. Evanstad in his capacity as Grantor and Trustee for the
Kenneth L. Evens/ad Revocable Trust u/a/d May 2, 2000
Grace B. Evenstad in her capacity as Trustee for the Kenneth L.
Evens/ad Revocable Trust u/a/d ]vfay 2, 2000
Kenneth L. Evenstad, individually
Grace B. Evenstad, individually
Mark B. Evenstad Revocable Trust u/a/d January 30, 2003 as a
Limited Partner 0 MBE Preferred Limited Partnership

NY 1005999.3
217250-10001

3

Mark B. Evenstad in his capacity as Grantor and Trustee for the
A1ark B. Evenstad Revocable Trust ulald January 30, 2003
Shannnon Mahoney Evenstad in her capacity as Trustee for the
Mark B. Evenstad Revocable Trust ulald January 30, 2003
Mark B. Evenstad, individually
Shannnon Mahoney Evenstad, individually

Adv. Proc. No.
10-4512
District Ct. No.
11-cv-09218

Mark B. Evenstad Revocable Trust ula dated January 30, 2003
Mark B. Evenstad in his capacity as Grantor and Trustee for the
Ivfark B. Evenstad Revocable Trust
Shannon Mahoney Evenstad in her capacity as Trustee for the
B. Evenstad Revocable Trust

~Mark

Mark B. Evenstad individually
Shannon Mahoney Evenstad individually

Adv. Proc. No.
10-4945

Sew Preferred Limited Partnership
Sew General, LLC

District Ct. No.
ll-cv-09180
Grace B. Evenstad Revocable Trust
Grace B. Evenstad, as co-trustee ofthe Grace B. Evenstad
Revocable Trust
Kenneth L. Evenstad, as co-trustee ofthe Grace B. Evenstad
Revocable Trust
Serene Warren Revocable Trust
Serene Warren, as co-trustee ofthe Serene Warren Revocable Trust
Christopher Warren, as co-trustee oithe Serene Warren Revocable
Trust

NY 1005999.3
217250-10001

4

Adv. Proc. No.
10-4514
District Ct. No.
ll-cv-09181

I

Serene Warren Revocable Trust u/a/d September 15,2005
Serene Warren and Christopher Warren, as trustees o/the Serene
Warren Revocable Trust
Serene Warren, individually

Adv. Proc. No.
10-04544

Gorvis LLC, a California Limited Liability Company
The Stacy L. Koff Investment Trust, a member of Gorvis, LLC,

District Ct. No.
ll-cv-09219
The David I. Koff Investment Trust, a member of Gorvis, LLC
Alan S. Gordon, in his capacities as trustee ofthe Stacy L. Koff
Investment Trust and trustee ofthe David I KoffInvestment Trust
C. Ray Johnson, in his capacities as trustee ofthe Stacy L. Koff
Investment Trust and trustee ofthe David I KoffInvestment Trust
Stacy L. Koff, individually as settlor and beneficiary ofthe Stacy L.
KoffInvestment Trust
David L Koff, individually as settlor and beneficiary ofthe David I
KoffInvestment Trust
Adv. Proc. No.
10-04926
District Ct. No.
ll-cv-09178

The Koff Living Trust
Howard M. Koff, individually and in his capacity as Trustee ofthe
KoffLiving Trust
Marcia Koff

NYI005999.3
217250-10001

5

Adv. Proc. No.
10-04483

Leslie Aufzien Levine
Lisa Aufzien

District Ct. No.

ll-cv-09217
Leslie Levine Aufzien, individually and in his capacity as a Joint Tenant
Norma K. Aufzien, individually and in her capacity as Joint Tenant
Meredith Aufzien Bauer

Adv. Pro. No.
10-05404

District Ct. No.

ll-cv-9061

HHI Investment Trust #2
King Harris, in his fiduciary capacity
Katherine P. Harris, in her fiduciary capacity
Toni H. Paul, in her fiduciary capacity
Denise Saul, in her fiduciary capacity
Sidney Barrows, in his fiduciary capacity
The Harris Family Foundation
Pam F. Szokol Trust
William J. Friend Trust Dated 06/22/95;
Scott C. Friend Trust of 1984 Under Trust Agreement Dated 11121184
Bette D. Harris Grandchildren's Trust for the Children of Katerine Harris
- Pam Friend Szokol Under Trust Agreement Dated 01113/59
Bette D. Harris Grandchildren's Trust for the Children of Katherine
Harris - William Friend Under Trust Agreement Dated 01113/59
Bette D. Harris Grandchildren's Trust for the Children of King Harris ­
John B. Harris Under Trust Agreement Dated 01113/59

NY I 005999.3
217250-10001

6

Bette D. Harris Grandchildren's Trust for the Children of Toni Paul
Under Trust Agreement Dated 01113/59
King W. W. Harris Trust for Children Under Trust Agreement Dated
12115176
Toni Harris Paul Children's Trust Dated 12115176
Katherine Harris Custodian for John B. Harris Under the Illinois Uniform
Gifts to Minors Act Under Agreement Dated 12/01176
King Harris Custodian for Charles Henry Paul Under the Illinois Uniform
Gifts to Minors Act Under Agreement Dated 06/01179
King Harris Custodian for Kelly Lynn Paul Under the Illinois Uniform
Gifts to Minors Act Under Agreement Dated 10101/80
King Harris Custodian for Alan Harris Paul Under the Illinois Uniform
Gifts to Minors Act Under Agreement Dated 12120/84
King Harris Custodian for Laurie Beth Paul Under the IIlinois Uniform
Gifts to Minors Act Under Agreement Dated 12/20/84
John B. Harris
Charles Henry Paul
Kelly Lynn Paul
Alan Harris Paul
Laurie Beth Paul

NY 1005999.3
217250-1000 I

7

Adv. Pro. No.
10-04480

Pati H. Gerber, individually and in her fiduciary capacity
Pati H. Gerber 1997 Trust

District Ct. No.
ll-cv-9060

The Pati H. Gerber Marital Deduction Trust Under the Last Will and Testament
of Oscar L. Gerber
Oscar L. Gerber Residuary Trust A
Oscar L. Gerber Residuary Trust B
Pati H. Gerber Ltd.
Brian H. Gerber 1

Adv. Pro. No.
10-04347

Thomas H. Lee
Blue Star Investors, LLC

2

District Ct. No.
ll-cv-9059

Adv. Pro. No.
10-04339

Elins Family Trust, Lawrence Elins, Linda Elins, Elins Daughters Trust for the
Benefit of Jamie Ann Elins, Elins Daughters Trust for the Benefit of Julie Lynn
Elins, Jamie Elins Sabet and Julie Elins Banks

District Ct. No.
ll-cv-04772

I

Brian H. Gerber is represented by Bellows & Bellows P.c.

2

Blue Star Investors, LLC is represented by Weil Gotshal & Manges LLP

NYI005999J
217250·10001

8

I
. Adv. Pro. No.
10-05222

Malibu Trading & Investing L.P., Patricia Vinnecour and Keith Vinnecour

District Ct. No.
l1-cv-07730

Adv. Pro. No.
10·04353

Kenneth Hubbard

District Ct. No.
ll-cv-07731

Adv. Pro. No.
10-04927

Uri & Myna Flerscher Family Trust, Uri Herscher and Myna Herscher

District Ct. No.
ll-cv-07732

Adv. Pro. No.
10-05177

Lawrence Elins

District Ct. No.
ll-cv-07733

NY 1005999.3
217250-10001

9

K&L Gate~Defendants

Case Nos.

South Ferry #2 LP, et al

Adv. Pro. No.
10-ap-4350-BRL

District Ct. No.
ll-cv-9451
I

Adv. Pro. No.

10-ap-4374-BRL

ZWD Investments, LLC, et al.

District Ct. No.

11-cv-9450

I

Adv. Pro. No.
1O-ap-4384-BRL

Lanx BM Investments, LLC, et al.

District Ct. No.
Ill-CV-9448

i

I

Adv. Pro. No.
i 10-ap-4488-BRL

South Ferry Building Company, et al.

District Ct. No.
ll-cv-9447

Chesed Congregations of America
Adv. Pro. No.
1O-ap-5054-BRL

I District Ct. No.

11-cv-9446
NYI0059993
217250-10001

10

I

I

Adv. Pro. No.

lO-ap-5110-BRL

United Congregations

District Ct. No.

ll-cv-9445

Adv. Pro. No.
. 1O-ap-5220-BRL

The Wolfson Trust, et al.

District Ct. No.

ll-cv-9449

NYI005999J
217250-10001

11