SECURITIES INV. PROTECTION CORP. v. BLMIS LLC

No. 12 MC 115 (JSR).

491 B.R. 27 (2013)

SECURITIES INVESTOR PROTECTION CORPORATION, Plaintiff, v. BERNARD L. MADOFF INVESTMENT SECURITIES LLC, Defendant. In re Madoff Securities. Pertains to the Following Case: Irving H. Picard, Plaintiff, v. Eric T. Schneiderman, as successor to Andrew M. Cuomo, Attorney General of the State of New York; Bart M. Schwartz, as Receiver for Ariel Fund LTD. and Gabriel Capital, L.P.; David Pitofsky, as Receiver for Ascot Partners, L.P. and Ascot Fund, Ltd.; J. Ezra Merkin; and Gabriel Capital Corporation, Defendants.

United States District Court, S.D. New York.

April 15, 2013.


Attorney(s) appearing for the Case

Kevin H. Bell , Lauren Attard , Nathanael Stephen Kelley , Securities Investor Protection Corporation, Andrew M. Grossman , Lee A. Casey , David B. Rivkin , Baker & Hostetler LLP, Washington, DC, Oren J. Warshavsky , Adam B. Oppenheim , Nicholas J. Cremona , Baker & Hostetler LLP, Howard L. Simon , Windels, Marx, Lane and Mittendorf LLP, New York City, NY, for Plaintiffs.

Fred H. Perkins , Michael Richard Dal Lago , Morrison Cohen Singer & Weinstein, LLP, New York, NY, for Defendant.


OPINION AND ORDER

JED S. RAKOFF, District Judge.

Irving H. Picard, the trustee appointed to administer the bankruptcy estate of Bernard L. Madoff Investment Securities LLC ("Madoff Securities"), moves to preliminarily enjoin Eric T. Schneiderman, the New York State Attorney General, from consummating Schneiderman's $410 million settlement with alleged Madoff associate J. Ezra Merkin and his companies. The Trustee, however, having for more than three...

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