Saba Capital Master Fund, LTD. et al v. ClearBridge Energy Midstream Opportunity Fund Inc. et al
Filing 118
ORDER terminating 84 Motion to Dismiss; terminating 86 Motion to Dismiss for Lack of Jurisdiction; terminating 89 Motion to Dismiss; terminating 91 Motion to Dismiss; terminating 22 Motion for Summary Judgment. Upon consideration o f the parties' papers and the oral argument on the motion for summary judgment, the Court now denies defendants' motions to dismiss and grants summary judgment for Saba, declaring that the resolutions at issue violate Section 18(i) of the I nvestment Company Act and ordering rescission of the offending resolutions. An Opinion explaining the reasons for this Order will follow in due course. Because this Order obviates the need for the telephone conference that had been set for December 8, 2023, at 11:00 AM, that conference will not go forward. The Clerk is respectfully directed to close the documents numbered 22, 84, 86, 89, and 91 on the docket of this case. (Signed by Judge Jed S. Rakoff on 12/5/2023) (ate)
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