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

Filing 338

ORDER: It is hereby ordered that: The parties shall promptly meet and confer with regard to the funds currently held in the Olshan Account (see Dkt. No. 157) and shall submit a stipulated order to the Court, no later than May 11, 2021, direct ing the disbursement of those funds to the Trustee in accordance with the March 31, 2021 Opinion and Order (Dkt. No. 331). U.S. Bank National Association (U.S. Bank or Trustee) shall file its motion to remand its CPLR Article 77 petition (original ly docketed in this Court, after removal, as Case No. 21-CV-439) no later than May 18, 2021. Opposition papers shall be filed no later than June 1, 2021. U.S. Bank's optional reply papers are due no later than June 8, 2021. If it chooses to f orego a reply it shall promptly so advise the Court by letter. The parties shall promptly meet and confer with regard to the advancement of the Issuers' legal fees and the related adjournment of the Issuers' document production obligati ons (see Dkt. No. 304). If the parties are able to reach a stipulation as to those issues, they shall submit it to the Court no later than May 18, 2021. If they are unable to agree, they shall file their motions with respect to the same issues no later than May 18, 2021. Opposition papers shall be filed no later than June 1, 2021. The moving party/parties' optional reply papers are due no later than June 8, 2021. If they choose to forego a reply they shall promptly so advise the Court by letter. Any party seeking judicial intervention with respect to the document discovery issues outlined in the parties' recent joint letter (Dkt. No. 333) shall do so no later than June 22, 2021, by letter-motion in accordance with Fed. R. Civ. P. 37(a)(1), Local Civil Rule 37.2, and Moses Individual Practices § 2(b). Opposition letters shall be filed no later than June 29, 2021. No reply papers will be accepted. SO ORDERED. ( Motions due by 6/22/2021. Responses due by 6/29/2021.) (Signed by Magistrate Judge Barbara C. Moses on 5/4/2021) (va)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
5/4/21

U.S. BANK NATIONAL ASSOCIATION,
Plaintiff,
-against-

18-CV-4044 (BCM)
ORDER

TRIAXX ASSET MANAGEMENT LLC,
et al.,
Defendants.
BARBARA MOSES, United States Magistrate Judge.
For the reasons stated on the record during today's pre-motion conference, it is hereby
ORDERED that:
1.

Olshan Account
The parties shall promptly meet and confer with regard to the funds currently held
in the Olshan Account (see Dkt. No. 157) and shall submit a stipulated order to the
Court, no later than May 11, 2021, directing the disbursement of those funds to the
Trustee in accordance with the March 31, 2021 Opinion and Order (Dkt. No. 331).

2.

Motion to Remand Article 77 Petition
U.S. Bank National Association (U.S. Bank or Trustee) shall file its motion to
remand its CPLR Article 77 petition (originally docketed in this Court, after
removal, as Case No. 21-CV-439) no later than May 18, 2021. Opposition papers
shall be filed no later than June 1, 2021. U.S. Bank's optional reply papers are due
no later than June 8, 2021. If it chooses to forego a reply it shall promptly so advise
the Court by letter.

3.

Issuer Legal Fees
The parties shall promptly meet and confer with regard to the advancement of the

Issuers' legal fees and the related adjournment of the Issuers' document production
obligations (see Dkt. No. 304). If the parties are able to reach a stipulation as to
those issues, they shall submit it to the Court no later than May 18, 2021. If they
are unable to agree, they shall file their motions with respect to the same issues no
later than May 18, 2021. Opposition papers shall be filed no later than June 1, 2021.
The moving party/parties' optional reply papers are due no later than June 8, 2021.
If they choose to forego a reply they shall promptly so advise the Court by letter.
4.

Discovery Issues
Any party seeking judicial intervention with respect to the document discovery
issues outlined in the parties' recent joint letter (Dkt. No. 333) shall do so no later
than June 22, 2021, by letter-motion in accordance with Fed. R. Civ. P. 37(a)(1),
Local Civil Rule 37.2, and Moses Individual Practices § 2(b). Opposition letters
shall be filed no later than June 29, 2021. No reply papers will be accepted.

Dated:

New York, New York
May 4, 2021
SO ORDERED.
________________________________
BARBARA MOSES
United States Magistrate Judge

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