In the Matter of the Trusts established under the Pooling and Servicing Agreements

Filing 425

ORDER EXTENDING DEADLINE FOR FED. R. CIV. P. 54 MOTIONS: NOW, THEREFORE, it is hereby ORDERED that the deadline for filing motions for attorneys' fees and expenses pursuant to Fed. R. Civ. P. 54(d) is hereby extended until 14 days after an appellate mandate issues that affirms the Final Judgment, or 45 days after the Clerk of the Court entered the Final Judgment in this case, whichever is later. SO ORDERED. (Signed by Judge Katherine Polk Failla on 5/1/2020) (rro)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
In the Matter of the Trusts established under the
Pooling and Servicing Agreements relating to the
Wachovia Bank Commercial Mortgage Trust
Commercial Mortgage Pass-Through Certificates,
Series 2007-C30; COBALT CMBS Commercial
Mortgage Trust 2007-C2 Commercial Mortgage
Pass-Through Certificates, Series 2007-C2;
Wachovia Bank Commercial Mortgage Trust
Commercial Mortgage Pass-Through Certificates,
Series 2007-C31; ML-CFC Commercial Mortgage
Trust 2007-5 Commercial Mortgage Pass-Through
Certificates, Series 2007-5; and ML-CFC
Commercial Mortgage Trust 2007-6 Commercial
Mortgage Pass-Through Certificates, Series 2007-6

17 Civ. 1998 (KPF)
ORDER EXTENDING DEADLINE
FOR FED. R. CIV. P. 54 MOTIONS

KATHERINE POLK FAILLA, District Judge:
WHEREAS, on March 19, 2020, the Court entered an Opinion and Order, inter alia,
granting the motions of CWCapital Asset Management LLC, the Federal Home Loan Mortgage
Corporation, and the Federal National Mortgage Association for summary judgment, and
denying the motion of Appaloosa Investments L.P. I. and Palomino Master Ltd. (together,
“Appaloosa”) for partial summary judgment;
WHEREAS, on April 24, 2020, the parties submitted proposed final judgments to the
Court for its consideration, with differing provisions concerning the timing of any motions for
reimbursement of attorneys’ fees and expenses;
WHEREAS, on April 27, 2020, the Court entered an Order (the “April 27, 2020 Order”)
concluding that the final order and judgment need not include a provision preserving
Appaloosa’s right to seek attorneys’ fees and costs, but inviting the parties to discuss proposing a

schedule by which motions for attorneys’ fees and expenses would follow resolution of any
appeal from the final judgment entered in this case;
WHEREAS, on April 30, 2020, the Clerk of the Court entered the final judgment in this
case (the “Final Judgment”); and
WHEREAS the parties have met and conferred pursuant to the Court’s invitation in the
April 27, 2020 Order, and have jointly proposed to the Court an extension of the Fed. R. Civ. P.
54(d) deadline until 14 days after an appellate mandate issues that affirms the Final Judgment, or
45 days after this Court entered the Final Judgment, whichever is later;
NOW, THEREFORE, it is hereby ORDERED that the deadline for filing motions for
attorneys’ fees and expenses pursuant to Fed. R. Civ. P. 54(d) is hereby extended until 14 days
after an appellate mandate issues that affirms the Final Judgment, or 45 days after the Clerk of
the Court entered the Final Judgment in this case, whichever is later.
SO ORDERED:
Dated: New York, New York
_______________, 2020
May 1,
KATHERINE POLK FAILLA
United States District Judge

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