|
Date Filed
|
#
|
Docket Text
|
| March 19, 2008 |
1
|
COMPLAINT against XL Capital Assurance Inc., XLCA Admin LLC. (Filing Fee $ 350.00, Receipt Number 645199)Document filed by Merrill Lynch International.(rdz) (Entered: March 21, 2008)
|
| March 19, 2008 |
|
SUMMONS ISSUED as to XL Capital Assurance Inc., XLCA Admin LLC. (rdz) (Entered: March 21, 2008)
|
| March 19, 2008 |
|
Magistrate Judge Douglas F. Eaton is so designated. (rdz) (Entered: March 21, 2008)
|
| March 19, 2008 |
|
Case Designated ECF. (rdz) (Entered: March 21, 2008)
|
| March 19, 2008 |
2
|
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Merrill Lynch International.(rdz) (Entered: March 21, 2008)
|
| March 25, 2008 |
3
|
NOTICE OF COURT CONFERENCE, case management conference set for 4/4/08 at 3:30 pm. ( Case Management Conference set for 4/4/2008 at 03:30 PM in Courtroom 14B, 500 Pearl Street, New York,
NY 10007 before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 3/25/08) (cd). (Entered: March 26, 2008)
|
| March 31, 2008 |
4
|
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Security Capital Assurance Ltd as Corporate Parent. Document filed by XL Capital Assurance Inc., XLCA Admin LLC.(Snodgrass, Brendan)
(Entered: March 31, 2008)
|
| March 31, 2008 |
5
|
ANSWER to Complaint., COUNTERCLAIM against Merrill Lynch & Co., Merrill Lynch International. Document filed by XL Capital Assurance Inc., XLCA Admin LLC.(Snodgrass, Brendan) (Entered:
03/31/2008)
|
| April 1, 2008 |
6
|
NOTICE OF APPEARANCE by Peter E. Calamari on behalf of XL Capital Assurance Inc., XLCA Admin LLC (Calamari, Peter) (Entered: April 1, 2008)
|
| April 2, 2008 |
7
|
NOTICE OF CHANGE OF ADDRESS by Brendan Nicholas Snodgrass on behalf of XL Capital Assurance Inc., XLCA Admin LLC. New Address: Quinn Emanuel Urquhart Oliver & Hedges,llp, 51 Madison
Avenue, New York, New York, USA 10010, (212) 849-7000. (Snodgrass, Brendan) (Entered: April 2, 2008)
|
| April 3, 2008 |
8
|
NOTICE OF APPEARANCE by Jonathan Pickhardt on behalf of XL Capital Assurance Inc., XLCA Admin LLC (Pickhardt, Jonathan) (Entered: April 3, 2008)
|
| April 3, 2008 |
9
|
NOTICE OF CHANGE OF ADDRESS by Jonathan Pickhardt on behalf of XL Capital Assurance Inc., XLCA Admin LLC. New Address: Quinn Emanuel Urquhart Oliver & Hedges, 51 Madison Avenue, 22nd
Floor, New York, NY, USA 10010, (212) 849-7000. (Pickhardt, Jonathan) (Entered: April 3, 2008)
|
| April 3, 2008 |
|
Minute Entry for proceedings held before Judge Jed S. Rakoff: Initial Pretrial Conference held on 4/3/2008. (pl) (Entered: April 7, 2008)
|
| April 4, 2008 |
10
|
CASE MANAGEMENT PLAN: this case IS NOT to be tried to a jury. The Final Pretrial Conference is set for 8/11/2008 at 04:00 PM before Judge Jed S. Rakoff. Rule 26(a)(2) Initial Disclosures
due by 6/6/2008. Depositions due by 7/3/2008. Ready for Trial by 9/4/2008. Amended Pleadings due by 4/15/2008. Joinder of Parties due by 4/15/2008. All Discovery due by 7/3/2008.
Post-Discovery Summary Judgment Motions due by 7/11/2008. Responses due by 7/25/2008. Replies due by 8/4/2008. (Signed by Judge Jed S. Rakoff on 4/3/08) (db) (Entered: April 4, 2008)
|
| April 9, 2008 |
11
|
PROTECTIVE ORDER: Regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Jed S. Rakoff on 4/7/2008) (jpo) (Entered: April 9, 2008)
|
| April 11, 2008 |
12
|
TRANSCRIPT of proceedings held on 4/04/08 before Judge Jed S. Rakoff. (ama) (Entered: April 11, 2008)
|
| April 11, 2008 |
13
|
TRANSCRIPT of proceedings held on 4/04/08 before Judge Jed S. Rakoff. (ama) (Entered: April 11, 2008)
|
| April 11, 2008 |
|
Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 4/11/08. (djc) (Entered: April 15, 2008)
|
| April 18, 2008 |
14
|
MOTION for Summary Judgment In Favor Of Plaintiff Merrill Lynch International And For Partial Summary Judgment In Favor Of Counterclaim Defendants Merrill Lynch International And
Merrill Lynch & Co., Inc. Document filed by Merrill Lynch International, Merrill Lynch & Co.. Responses due by 5/15/2008 Return Date set for 6/4/2008 at 3:00 PM.(Kasner, Jay)
(Entered: April 18, 2008)
|
| April 18, 2008 |
15
|
MEMORANDUM OF LAW in Support re: 14 MOTION for Summary Judgment In Favor Of Plaintiff Merrill Lynch International And For
Partial Summary Judgment In Favor Of Counterclaim Defendants Merrill Lynch International And Merrill Lynch & Co., Inc.. Document filed by Merrill Lynch International, Merrill
Lynch & Co.. (Kasner, Jay) (Entered: April 18, 2008)
|
| April 18, 2008 |
16
|
RULE 56.1 STATEMENT. Document filed by Merrill Lynch International, Merrill Lynch & Co.. (Kasner, Jay) (Entered: April 18, 2008)
|
| April 18, 2008 |
17
|
DECLARATION of Scott D. Musoff in Support re: 14 MOTION for Summary Judgment In Favor Of Plaintiff Merrill Lynch
International And For Partial Summary Judgment In Favor Of Counterclaim Defendants Merrill Lynch International And Merrill Lynch & Co., Inc.. Document filed by Merrill Lynch
International, Merrill Lynch & Co.. (Attachments: # 1 Exhibit 1A, # 2 Exhibit 1B, # 3 Exhibit 1C, # 4 Exhibit 1D, # 5 Exhibit 1E, # 6 Exhibit 1F, # 7 Exhibit 1G, # 8 Exhibit 2A, # 9 Exhibit 2B, # 10 Exhibit 2C, # 11 Exhibit 2D, # 12 Exhibit 2E, # 13 Exhibit 2F, # 14 Exhibit 3, # 15 Exhibit 4, # 16 Exhibit 5, # 17 Exhibit 6, # 18 Exhibit 7, # 19 Exhibit 8, # 20 Exhibit 9, # 21 Exhibit 10)(Kasner, Jay) (Entered: April 18, 2008)
|
| April 18, 2008 |
18
|
DECLARATION of Joseph Gambino in Support re: 14 MOTION for Summary Judgment In Favor Of Plaintiff Merrill Lynch
International And For Partial Summary Judgment In Favor Of Counterclaim Defendants Merrill Lynch International And Merrill Lynch & Co., Inc.. Document filed by Merrill Lynch
International, Merrill Lynch & Co.. (Attachments: # 1 Exhibit 1A, # 2 Exhibit 1B, # 3 Exhibit 1C, # 4 Exhibit 1D, # 5 Exhibit 1E, # 6 Exhibit 1F, # 7 Exhibit 1G, # 8 Exhibit 2A, # 9 Exhibit 2B, # 10 Exhibit 2C, # 11 Exhibit 2D, # 12 Exhibit 2E, # 13 Exhibit 2F)(Kasner, Jay) (Entered: April 18, 2008)
|
| April 21, 2008 |
19
|
REPLY re: 5 Answer to Complaint, Counterclaim. Document filed by Merrill Lynch International, Merrill Lynch & Co..
(Kasner, Jay) (Entered: April 21, 2008)
|
| May 5, 2008 |
|
Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 5/5/2008. (jw) (Entered: May 9, 2008)
|
| May 15, 2008 |
20
|
MEMORANDUM OF LAW in Opposition re: 14 MOTION for Summary Judgment In Favor Of Plaintiff Merrill Lynch International And
For Partial Summary Judgment In Favor Of Counterclaim Defendants Merrill Lynch International And Merrill Lynch & Co., Inc.. Document filed by XL Capital Assurance Inc., XLCA Admin
LLC. (Snodgrass, Brendan) (Entered: May 15, 2008)
|
| May 15, 2008 |
21
|
DECLARATION of Akersveen in Opposition re: 14 MOTION for Summary Judgment In Favor Of Plaintiff Merrill Lynch International
And For Partial Summary Judgment In Favor Of Counterclaim Defendants Merrill Lynch International And Merrill Lynch & Co., Inc.. Document filed by XL Capital Assurance Inc., XLCA
Admin LLC. (Snodgrass, Brendan) (Entered: May 15, 2008)
|
| May 15, 2008 |
22
|
DECLARATION of Walsh in Opposition re: 14 MOTION for Summary Judgment In Favor Of Plaintiff Merrill Lynch International And
For Partial Summary Judgment In Favor Of Counterclaim Defendants Merrill Lynch International And Merrill Lynch & Co., Inc.. Document filed by XL Capital Assurance Inc., XLCA Admin
LLC. (Snodgrass, Brendan) (Entered: May 15, 2008)
|
| May 15, 2008 |
23
|
DECLARATION of Gordon in Opposition re: 14 MOTION for Summary Judgment In Favor Of Plaintiff Merrill Lynch International
And For Partial Summary Judgment In Favor Of Counterclaim Defendants Merrill Lynch International And Merrill Lynch & Co., Inc.. Document filed by XL Capital Assurance Inc., XLCA
Admin LLC. (Snodgrass, Brendan) (Entered: May 15, 2008)
|
| May 15, 2008 |
24
|
DECLARATION of Imburgia in Opposition re: 14 MOTION for Summary Judgment In Favor Of Plaintiff Merrill Lynch International
And For Partial Summary Judgment In Favor Of Counterclaim Defendants Merrill Lynch International And Merrill Lynch & Co., Inc.. Document filed by XL Capital Assurance Inc., XLCA
Admin LLC. (Snodgrass, Brendan) (Entered: May 15, 2008)
|
| May 15, 2008 |
25
|
DECLARATION of Imburgia in Opposition re: 14 MOTION for Summary Judgment In Favor Of Plaintiff Merrill Lynch International
And For Partial Summary Judgment In Favor Of Counterclaim Defendants Merrill Lynch International And Merrill Lynch & Co., Inc.. Document filed by XL Capital Assurance Inc., XLCA
Admin LLC. (Attachments: # 1 Exhibit 1 - Imburgia Declaration, # 2 Exhibit 2 - Imburgia, # 3 Exhibit 3 - Imburgia)(Snodgrass, Brendan)
(Entered: May 15, 2008)
|
| May 15, 2008 |
26
|
DECLARATION of Adams in Opposition re: 14 MOTION for Summary Judgment In Favor Of Plaintiff Merrill Lynch International And
For Partial Summary Judgment In Favor Of Counterclaim Defendants Merrill Lynch International And Merrill Lynch & Co., Inc.. Document filed by XL Capital Assurance Inc., XLCA Admin
LLC. (Attachments: # 1 Exhibit 1 - Adams, # 2 Exhibit 2 - Adams,
# 3 Exhibit 3 - Adams, # 4 Exhibit 4 - Adams, # 5 Exhibit 5A - Adams, # 6 Exhibit 5B - Adams, # 7 Exhibit 6 - Adams, # 8 Exhibit 7 - Adams, # 9 Exhibit 8 - Adams, # 10 Exhibit 9 - Adams, # 11 Exhibit 10A - Adams, # 12 Exhibit 10B - Adams)(Snodgrass, Brendan)
(Entered: May 15, 2008)
|
| May 15, 2008 |
27
|
DECLARATION of Pickhardt in Opposition re: 14 MOTION for Summary Judgment In Favor Of Plaintiff Merrill Lynch International
And For Partial Summary Judgment In Favor Of Counterclaim Defendants Merrill Lynch International And Merrill Lynch & Co., Inc.. Document filed by XL Capital Assurance Inc., XLCA
Admin LLC. (Attachments: # 1 Exhibit 1 - Pickhardt)(Snodgrass, Brendan) (Entered: May 15, 2008)
|
| May 15, 2008 |
28
|
RESPONSE in Opposition re: 14 MOTION for Summary Judgment In Favor Of Plaintiff Merrill Lynch International And For Partial
Summary Judgment In Favor Of Counterclaim Defendants Merrill Lynch International And Merrill Lynch & Co., Inc. Response to Movants' Rule 56.1 Statement. Document filed by
XL Capital Assurance Inc., XLCA Admin LLC. (Snodgrass, Brendan) (Entered: May 15, 2008)
|
| May 16, 2008 |
29
|
TRANSCRIPT of proceedings held on 5/07/2008 before Judge Jed S. Rakoff. (ama) (Entered: May 16, 2008)
|
| May 16, 2008 |
30
|
TRANSCRIPT of proceedings held on 5/07/08 before Judge Jed S. Rakoff. (ama) (Entered: May 16, 2008)
|
| May 19, 2008 |
31
|
TRANSCRIPT of proceedings held on 5/07/2008 before Judge Jed S. Rakoff. (ama) (Entered: May 19, 2008)
|
| May 22, 2008 |
32
|
REPLY MEMORANDUM OF LAW in Support re: 14 MOTION for Summary Judgment In Favor Of Plaintiff Merrill Lynch International And
For Partial Summary Judgment In Favor Of Counterclaim Defendants Merrill Lynch International And Merrill Lynch & Co., Inc.. Document filed by Merrill Lynch International, Merrill
Lynch & Co.. (Kasner, Jay) (Entered: May 22, 2008)
|
| June 11, 2008 |
33
|
ORDER: MLI's motion 14 is granted in all respects. An opinion setting forth the reasons for the ruling will follow in due
course, at which time the Court will convene a conference to schedule all remaining matters in this casse. (Signed by Judge Jed S. Rakoff on 6/10/2008) (jfe) (Entered: June 11, 2008)
|
| June 11, 2008 |
34
|
TRANSCRIPT of proceedings held on 6/03/08 before Judge Jed S. Rakoff. (ama) (Entered: June 11, 2008)
|
| June 18, 2008 |
35
|
TRANSCRIPT of proceedings held on 6/03/08 before Judge Jed S. Rakoff. (ama) (Entered: June 18, 2008)
|
| July 8, 2008 |
36
|
TRANSCRIPT of proceedings held on 6/03/08 before Judge Jed S. Rakoff. (ama) (Entered: July 8, 2008)
|
| July 15, 2008 |
37
|
OPINION AND ORDER For the reasons set forth in this order, the court agrees with MLI that XLCAs termination of all seven swaps without legal basis, and that the contracts remain in
effect. Accordingly, the court, by Order dated June 10, 2008, granted MLIs motion for summary judgment, awarding MLI judgment in its favor on all its claims and dismissing with prejudice
XCLAs first, second, and third counterclaims, which are essentially the mirror image of plaintiffs claims. As far as the court is aware, the only remaining claim in this case is XCLAs
fourth counterclaim, which asks for reformation of two of the swaps. Counsel for the parties are hereby ordered to jointly call Chambers on July 21, 2008, at 5:00 p.m., to set a schedule
for future proceedings with respect to that counterclaim. (Signed by Judge Jed S. Rakoff on 7/15/08) (mme) (Entered: July 15, 2008)
|
| July 21, 2008 |
|
Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 7/21/2008. (jpo) (Entered: August 6, 2008)
|
| August 4, 2008 |
|
Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 8/4/2008. (dle) (Entered: August 19, 2008)
|
| August 8, 2008 |
38
|
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily
dismissed, With prejudice against the defendant(s) Merrill Lynch International, Merrill Lynch & Co., XL Capital Assurance Inc., XLCA Admin LLC and Without costs to either party
pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Merrill Lynch International, Merrill Lynch & Co., XL Capital Assurance Inc., XLCA Admin
LLC.(Musoff, Scott) Modified on 8/11/2008 (dt). Modified on 8/11/2008 (ml). (Entered: August 8, 2008)
|
| August 11, 2008 |
39
|
STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE: that the above-captioned action, including the complaint and counterclaims, be and hereby are DISMISSED WITH PREJUDICE and without costs
to any party pursuant to F.R.C.P. 41(a). (Signed by Judge Jed S. Rakoff on 8/8/08) (tro) (Entered: August 11, 2008)
|
