U.S. Bank National Association v. Triaxx Asset Management LLC et al

Filing 328

ORDER DISMISSING THE TRUSTEE'S FIRST CLAIM FOR INTERPLEADER RELIEF SOLELY AS TO THE TRIAXX PRIME CDO 2006-1, LTD. TRANSACTION:The First Claim For Interpleader Relief of U.S. Bank National Association, solely in its capacity as Trustee, as it re lates to the Triaxx Prime CDO 2006-1, Ltd. transaction is hereby dismissed for lack of Article III jurisdiction without prejudice and without costs to any party. For the avoidance of doubt, this dismissal shall have no impact on the First Claim For Interpleader Relief as it relates to the Triaxx Prime CDO 2006-2, Ltd. transaction and the Triaxx Prime CDO 2007-1, Ltd. transaction. (Signed by Magistrate Judge Barbara C. Moses on 1/12/2021) (cf)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
U.S. BANK NATIONAL ASSOCIATION, solely in
its capacity as Trustee,
Interpleader Plaintiff,
– against –
TRIAXX ASSET MANAGEMENT LLC (f/k/a ICP
ASSET MANAGEMENT LLC); TRIAXX PRIME CDO
2006-1, LTD.; TRIAXX PRIME CDO 2006-2, LTD.;
TRIAXX PRIME CDO 2007-1, LTD.; PACIFIC
INVESTMENT MANAGEMENT COMPANY, LLC;
GOLDMAN SACHS & CO., LLC; PHOENIX REAL
ESTATE SOLUTIONS LTD., and CEDE & CO.,
Interpleader Defendants.

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1/12/2021

Case No. 1:18-cv-04044
(BCM)

[PROPOSED] ORDER DISMISSING THE TRUSTEE’S FIRST CLAIM
FOR INTERPLEADER RELIEF SOLELY AS TO THE
TRIAXX PRIME CDO 2006-1, LTD. TRANSACTION
The First Claim For Interpleader Relief of U.S. Bank National Association, solely in its
capacity as Trustee, as it relates to the Triaxx Prime CDO 2006-1, Ltd. transaction is hereby
dismissed for lack of Article III jurisdiction without prejudice and without costs to any party.
For the avoidance of doubt, this dismissal shall have no impact on the First Claim For
Interpleader Relief as it relates to the Triaxx Prime CDO 2006-2, Ltd. transaction and the Triaxx
Prime CDO 2007-1, Ltd. transaction.

SO ORDERED:

Hon. Barbara Moses, U.S.M.J.
January 12, 2021