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

Filing 329

ORDER: Accordingly, it is hereby ORDERED that the Clerk of Court is directed to consolidate these actions for all pretrial purposes; and it is further ORDERED that all filings in connection with the consolidated action be docketed against the lower numbered case, 18 Civ. 4044; and it is further ORDERED that the parties are directed to indicate their consent to proceeding with the recently removed action, 21 Civ. 439, before Magistrate Judge Moses who is presiding over the lower numbered action, (see 18 Civ. 4044, Dkt. No. 171), and is intimately familiar with the facts and proceedings of the case; and it is finally ORDERED that the Clerk of Court close the referenced higher numbered case, 21 Civ. 439, as a separate action and remove it from the Court's docket. So Ordered. (Signed by Judge Victor Marrero on 2/23/2021) Filed In Associated Cases: 1:18-cv-04044-BCM, 1:21-cv-00439-VM (js)

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Case 1:18-cv-04044-BCM Document 329 Filed 02/23/21 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------X U.S. BANK NATIONAL ASSOCIATION, : solely in its capacity as Trustee : of Triaxx Prime CDO 2006-1, Ltd., : : Petitioner, : : 21 Civ. 439 - against : : TRIAXX ASSET MANAGEMENT LLC (f/k/a : ICP ASSET MANAGEMENT LLC, et al., : : Respondents. : -----------------------------------X U.S. BANK NATIONAL ASSOCIATION, : solely in its capacity as Trustee, : : Interpleader Plaintiff, : : 18 Civ. 4044 - against : : TRIAXX ASSET MANAGEMENT LLC (f/k/a : ICP ASSET MANAGEMENT LLC, et al., : ORDER : Defendants. : -----------------------------------X VICTOR MARRERO, United States District Judge. 2/23/2021 Upon review of the complaints and other papers filed with the Court in connection with the two cases captioned above, the Court notes that in all material respects the papers describe substantially similar underlying events arising out of the same or similar operative facts, and that the parties are substantially the same parties. Accordingly, it is hereby ORDERED that the Clerk of Court is directed to consolidate these actions for all pretrial purposes; and it is further Case 1:18-cv-04044-BCM Document 329 Filed 02/23/21 Page 2 of 2 ORDERED that all filings in connection with the consolidated action be docketed against the lower numbered case, 18 Civ. 4044; and it is further ORDERED that the parties are directed to indicate their consent to proceeding with the recently removed action, 21 Civ. 439, before Magistrate Judge Moses who is presiding over the lower numbered action, (see 18 Civ. 4044, Dkt. No. 171), and is intimately familiar with the facts and proceedings of the case; and it is finally ORDERED that the Clerk of Court close the referenced higher numbered case, 21 Civ. 439, as a separate action and remove it from the Court’s docket. SO ORDERED: Dated: New York, New York 23 February 2021

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