BANK OF NY MELLON TRUST v. SOLSTICE ABS CBO II

No. 09 Civ. 9415(AJP).

910 F.Supp.2d 629 (2012)

The BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION, as Trustee, Plaintiff, v. SOLSTICE ABS CBO II, LTD., Solstice ABS CBO II Inc., Natixis Financial Products Inc. (f/k/a CDC Financial Products Inc.), MBIA Insurance Inc., et al., Defendants.

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

December 20, 2012.


Attorney(s) appearing for the Case

Casey Brian Howard , Locke Lord Bissell & Liddell LLP, Joseph Nicholas Froehlich , Lord, Bissell & Brook, LLP, New York, NY, for Plaintiff.

Charles Richard Jacob, III , Miller & Wrubel, P.C., Eric P. Heichel , Eiseman, Levine, Lehrhaupt & Kakoyiannis, P.C., Jeffrey Q. Smith , Scott E. Eckas , Bingham McCutchen LLP, New York, NY, for Defendants.


OPINION AND ORDER

ANDREW J. PECK, United States Magistrate Judge:

Presently before the Court is: (1) an inquest as to the proper amount of the Termination Payment as of the Early Termination Date of November 9, 2009, including whether the Termination Payment is a payment to or due from interpleader defendant Natixis Financial Products LLC, and (2) interpleader defendant MBIA Insurance Corporation's motion in limine to exclude from consideration on...

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