VCG Special Opportunities Master Fund Limited v. Citibank, N.A.

Plaintiff:VCG Special Opportunities Master Fund Limited
Defendant:Citibank, N.A.
 
Case Number:1:2008cv01563
Filed:February 14, 2008
 
Court:New York Southern District Court
Office:Foley Square Office [ Court Info ]
County:XX Out of U.S.
Presiding Judge:Judge Unassigned
 
Nature of Suit:Contract - Other Contract
Cause:28:1332 Diversity-Breach of Contract
Jurisdiction:Diversity
Jury Demanded By:None
Date Filed # Docket Text
February 14, 2008 1 COMPLAINT against Citibank, N.A.. (Filing Fee $ 350.00, Receipt Number 641338)Document filed by VCG Special Opportunities Master Fund Limited.(mbe) (Entered: February 20, 2008)
February 14, 2008 SUMMONS ISSUED as to Citibank, N.A.. (mbe) (Entered: February 20, 2008)
February 14, 2008 CASE REFERRED TO Judge Laura Taylor Swain as possibly similar to 07-cv-11078. (mbe) (Entered: February 20, 2008)
February 14, 2008 Case Designated ECF. (mbe) (Entered: February 20, 2008)
February 14, 2008 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by VCG Special Opportunities Master Fund Limited.(mbe) (Entered: February 20, 2008)
February 20, 2008 3 SUMMONS RETURNED EXECUTED Summons and Complaint served. Citibank, N.A. served on 2/15/2008, answer due 3/6/2008. Service was accepted by FERN STRAUSS, MANAGING PARALEGAL AND VICE PRESIDENT. Document filed by VCG Special Opportunities Master Fund Limited. (Attachments: # 1 Exhibit Affidavit of Service of Summons and Complaint)(McCormick, Terence) (Entered: February 20, 2008)
February 28, 2008 CASE DECLINED AS NOT RELATED. Case referred as related to 1:08-cv-1563 and declined by Judge Laura T. Swain and returned to wheel for assignment. (laq) (Entered: March 19, 2008)
February 28, 2008 6 NOTICE OF CASE ASSIGNMENT to Judge Barbara S. Jones. Judge Unassigned is no longer assigned to the case. (laq) (Entered: March 19, 2008)
February 28, 2008 Magistrate Judge Kevin N. Fox is so designated. (laq) (Entered: March 19, 2008)
March 7, 2008 4 STIPULATION AND ORDER: The time within which defendant Citibank, N.A. shall move, answer, or otherwise respond to the complaint is extended to and including due April 18, 2008. Defendant Citibank, NA will not assert, in its answer or motion in responses to the complaint, defenses under F.R.C.P. 12(b)(4)or(5). (Signed by Judge Barbara S. Jones on 3/7/2008) (jpo) (Entered: 03/10/2008)
March 11, 2008 5 STIPULATION AND ORDER: The time within which defendant Citibank, N.A. shall move, answer, or otherwise respond to the complaint in the above action is extended to and including 4/18/08. Defendant Citibank, N.A. will not assert, in its answer or motion in response to the Complaint, defenses under Fed. R. Civ. P. 12(b)(4) or (5). (Signed by Judge Miriam Goldman Cedarbaum on 3/10/08) - Part I (tro) (Entered: March 12, 2008)
March 19, 2008 Mailed notice to the attorney(s) of record. (laq) (Entered: March 19, 2008)
April 18, 2008 7 STIPULATION AND ORDER; that the time within which defendant Citibank, N.A. shall move, answer, or otherwise respond to the complaint in this action is extended to and including 4/23/08; Defendants Citibank, N.A. will not assert, in its answer or motion in response to the complaint, defenses under Fed.R.Civ. P. 12(b)(4) or (5). (Signed by Judge Barbara S. Jones on 4/18/08) (pl) (Entered: April 18, 2008)
April 23, 2008 8 NOTICE OF APPEARANCE by Allan J. Arffa on behalf of Citibank, N.A. (Arffa, Allan) (Entered: April 23, 2008)
April 23, 2008 9 NOTICE OF APPEARANCE by Karen R. King on behalf of Citibank, N.A. (King, Karen) (Entered: April 23, 2008)
April 23, 2008 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Citigroup Holdings Inc. and Citigroup Inc. as Corporate Parent. Document filed by Citibank, N.A..(Arffa, Allan) (Entered: April 23, 2008)
April 23, 2008 11 ANSWER to Complaint., COUNTERCLAIM against VCG Special Opportunities Master Fund Limited. Document filed by Citibank, N.A.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Arffa, Allan) (Entered: April 23, 2008)
April 28, 2008 12 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Kevin Nathaniel Fox. (Signed by Judge Barbara S. Jones on 4/28/08) (js) (Entered: April 28, 2008)
May 12, 2008 13 ORDER GOVERNING INITAL CONFERECNE AND REQUIRED DISCLOSURES, An initial pretrial conference will be held in the above captioned action on June 2, 2008, at 2:00 p.m., before Kevin Nathaniel Fox, United States Magistrate Judge, in courtroom 20A, 500 Pearl Street, New York, New York. At least (5) days before the conference, the parties must meet or confer by telephone to discuss the matters specified in Fed.R.Civ.P. 26(f) and must complete a questionnaire. No discovery plan specified by Fed.R.Civ.P. 26(f) needs to filed with the court, but counsel for the defendants must submit the completed questionnaire to the chambers of the undersigned United States Magistrate Judge, via facsimile, to (212) 805-6712, at least two (2) days before the conference. At or prior to the meeting or telephonic conference between the parties, the parties must comply with the automatic disclosure requirements of Fed.R.Civ.P. 26(a)(1). In addition, if plaintiff seeks damages for personal injuries, the plaintiff must provide signed authorizations for release of all pertinent records from medical service providers. During the scheduled initial pretrial conference, the parties must be fully prepared to discuss any issues pertaining o this case, including the subject matter jurisdiction, venue, schedules for discovery, insurance coverage and settlement. (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/9/08) (mme) (Entered: May 12, 2008)
May 15, 2008 14 STIPULATION AND ORDER It is hereby stipulated and agreed by and between the undersigned counsel for parties to the above action that the time within which Plaintiff/Counterclaim-Defendant shall answer the Counterclaim of Defendant/Counterclaim-Plaintiff, Citibank, N.A., is hereby extended through and including May 20, 2008. (Signed by Judge Barbara S. Jones on 5/15/08) (mme) (Entered: May 15, 2008)
May 20, 2008 15 ANSWER to Counterclaim. Document filed by VCG Special Opportunities Master Fund Limited.(McCormick, Terence) (Entered: May 20, 2008)
May 29, 2008 16 ORDER GOVERNING INITIAL CONFERENCE AND REQUIRED DISCLOSURE: The initial pretrial conference previously held for June 2, 2008, at 2:00 p.m., is canceled. It is hereby Ordered that an initial pretrial conference will be held in this action on June 24, 2008,at 02:00 PM before Kevin Nathaniel Fox, United States Magistrate Judge, in Courtroom 20A, 500 Pearl Street, New York. At least 5 days before the conference, the parties must meet to confer by telephone to discuss the matters specified in F.R.C.P. 26(f) and must complete the attached questionnaire. (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/28/2008) (jfe) (Entered: May 29, 2008)
June 27, 2008 17 ORDER, All discovery, of whatever nature, shall be initiated so as to be completed on or before December 31, 2008; a telephonic status conference will be held with the parties on November 3, 2008, at 11:00 a.m. Counsel to plaintiff shall initiate the conference on that date to (212) 805-6705; and on or before July 7, 2008, the parties shall advise the court, in a joint writing, whether they wish to participate in court annexed mediation.( Discovery due by 12/31/2008., Telephone Conference set for 11/3/2008 at 11:00 AM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/26/08) (mme) (Entered: June 27, 2008)
July 7, 2008 18 TRANSCRIPT of proceedings held on 6/24/08 before Magistrate Judge Kevin Nathaniel Fox. (ama) (Entered: July 7, 2008)
July 7, 2008 19 TRANSCRIPT of proceedings held on 6/24/08 before Magistrate Judge Kevin Nathaniel Fox. (ama) (Entered: July 7, 2008)
July 16, 2008 20 MOTION for Judgment. Document filed by Citibank, N.A..(Arffa, Allan) (Entered: July 16, 2008)
July 16, 2008 21 MEMORANDUM OF LAW in Support re: 20 MOTION for Judgment.. Document filed by Citibank, N.A.. (Arffa, Allan) (Entered: 07/16/2008)
July 16, 2008 22 DECLARATION of Allan J. Arffa in Support re: 20 MOTION for Judgment.. Document filed by Citibank, N.A.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Arffa, Allan) (Entered: July 16, 2008)
July 24, 2008 23 ORDER: The Court denies the request for a conference, and directs Defendant to file its motion for stay of discovery in the form of a letter brief of no more than 3 pages, by Friday, July 25, 2008. Plaintiff is directed to file its response, if any, by Friday, August 1, 2008, with Defendant to file its reply, if any, by Wednesday, August 6. The July 25, 2008 discovery deadline is stayed pending resolution of this motion; However the Court expects defendant to be prepared to meet its discovery obligations promptly upon disposition of this motion if it is resolved against defendant. So Ordered. (Signed by Judge Barbara S. Jones on 7/23/08) (js) (Entered: July 24, 2008)
July 25, 2008 24 STIPULATION: Plaintiff shall serve opposition papers in response to the motion on or before 8/19/08, and Citibank shall serve reply papers, if any, on or before 9/5/08. (Signed by Judge Barbara S. Jones on 7/24/08) (tro) (Entered: July 25, 2008)
August 19, 2008 25 DECLARATION of TERENCE W. McCORMICK, ESQ. in Opposition re: 20 MOTION for Judgment.. Document filed by VCG Special Opportunities Master Fund Limited. (Attachments: # 1 Exhibit Citibank Swap Confirmation Letter, # 2 Exhibit ISDA Master Agreement, # 3 Exhibit Schedule to ISDA Master Agreement, # 4 Exhibit ISDA Credit Support Annex, # 5 Exhibit ISDA Standard Terms Supplement (June 6, 2007), # 6 Exhibit Decision in High Risk Opportunities Hub Fund, # 7 Exhibit Indenture of Millstone III CDO, Ltd., # 8 Exhibit Decision in Peregrine v. Robinson, High Court of Justice (QB))(McCormick, Terence) (Entered: August 19, 2008)
August 19, 2008 26 MEMORANDUM OF LAW in Opposition re: 20 MOTION for Judgment.. Document filed by VCG Special Opportunities Master Fund Limited. (McCormick, Terence) (Entered: August 19, 2008)
September 5, 2008 27 REPLY MEMORANDUM OF LAW in Support re: 20 MOTION for Judgment.. Document filed by Citibank, N.A.. (Arffa, Allan) (Entered: 09/05/2008)
September 16, 2008 28 ORDER: Oral Argument set for 9/29/2008 at 09:00 AM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Barbara S. Jones. (Signed by Judge Barbara S. Jones on 9/16/2008) (jpo) (Entered: September 16, 2008)
Docket Report Last Checked: September 26, 2008 13:37:06 PDT
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Plaintiff: VCG Special Opportunities Master Fund Limited
Represented By: Terence William McCormick, Steven Glen Mintz
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Defendant: Citibank, N.A.
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