Irving H. Picard v. RAR Entrepreneurial Fund, Ltd. et al

Docket(#157) MEMORANDUM OPINION AND ORDER re: #154 MOTION for Judgment as a Matter of Law pursuant to Federal Rule of Civil Procedure 50(b). MOTION for New Trial pursuant to Federal Rules of Civil Procedure 50(b) and 59. filed by RAR Entrepreneurial Fund, Ltd. Defendant RAR Entrepreneurial Fund, Ltd. has filed a motion seeking judgment as a matter of law or, in the alternative, a new trial. See ECF No. 154; see also ECF No. 155 ("Def.'s Mem."). The motion is DENIED as meritless, if not frivolous. (Signed by Judge Jesse M. Furman on 10/24/2022) (ate) (Entered: 10/24/2022)

Docket(#156) ORDER granting #152 Motion for Matthew John Conigliaro to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 10/24/2022)

Docket>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #152 MOTION for Matthew John Conigliaro to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26853955. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sac) (Entered: 10/24/2022)

Docket(#155) MEMORANDUM OF LAW in Support re: #154 MOTION for Judgment as a Matter of Law pursuant to Federal Rule of Civil Procedure 50(b). MOTION for New Trial pursuant to Federal Rules of Civil Procedure 50(b) and 59. . Document filed by RAR Entrepreneurial Fund, Ltd...(Novack, Robert) (Entered: 10/21/2022)

Docket(#154) MOTION for Judgment as a Matter of Law pursuant to Federal Rule of Civil Procedure 50(b).( Responses due by 11/4/2022), MOTION for New Trial pursuant to Federal Rules of Civil Procedure 50(b) and 59. Document filed by RAR Entrepreneurial Fund, Ltd...(Novack, Robert) (Entered: 10/21/2022)

Docket(#153) NOTICE OF APPEARANCE by Robert Novack on behalf of RAR Entrepreneurial Fund, Ltd...(Novack, Robert) (Entered: 10/21/2022)

Docket(#152) MOTION for Matthew John Conigliaro to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26853955. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by RAR Entrepreneurial Fund, Ltd.. (Attachments: #1 Affidavit Conigliaro Affidavit, #2 Exhibit Proposed Order Granting PHV Admission).(Conigliaro, Matthew) (Entered: 10/21/2022)

Docket(#151) FINAL JUDGMENT. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated March 3, 2021, the jury's verdict on March 7, 2022, and the Court's Order dated September 20, 2022, the Court enters judgment in favor of the Plaintiff, Irving H. Picard, Esq. ("the Trustee"), and against Defendant RAR Entrepreneurial Fund, Ltd., in the amount of $12,800,065. (Docket No. 20-cv-01029, ECF No. 43; Docket No. 20-cv-01029, ECF No. 132; Docket No. 20-cv-01029, ECF No. 149). The Trustee is entitled to prejudgment interest at a rate of 4%, from November 12, 2010 through the date of entry of judgment in the amount of $6,067,230.81 for a total sum of $18,867,295.81. Any pending motions are moot. All conferences are vacated. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/23/22) (yv) (Entered: 09/23/2022)

Docket(#150) LETTER addressed to Judge Jesse M. Furman from Brian W. Song dated September 23, 2022 re: Proposed Final Judgment. Document filed by Irving H. Picard. (Attachments: #1 Text of Proposed Order (Proposed Final Judgment)).(Song, Brian) (Entered: 09/23/2022)

Docket(#149) ORDER. Earlier today, the Second Circuit affirmed Judge Koeltl's award, in a nearly identical case, of prejudgment interest at the rate of 4% from the date of the filing of the complaint. See Securities Investor Protection Corp. v. JABA Assocs. LP, 528 F. Supp. 3d 219, 245-46 (S.D.N.Y. 2021), aff'd sub nom. Picard v. JABA Assocs. LP, Docket No. 21-872, slip op. at 31-34 (2d Cir. Sept. 20, 2022). In light of that decision, and substantially for the reasons stated in Judge Koeltl's opinion and the supplemental submissions of the Trustee, see ECF Nos. 141, 146, the Trustee's request for prejudgment interest from November 12, 2010, through the date of entry of judgment at the rate of 4% is GRANTED. The Trustee shall, after conferring with Defendant, promptly file a proposed Final Judgment consistent with this Order, the Court's prior rulings, and the jury's verdict of March 7, 2022. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/20/22) (yv) (Entered: 09/20/2022)

Docket(#7) ORDER: Upon further reflection, the Court is unconvinced the there is a need for a conference in this case on Monday. The summary judgment briefing schedule proposed by the parties, see ECF No. #5 , at 1, is hereby adopted, and the conference scheduled for Monday is thus CANCELED. If either party believes that there is reason to hold a conference notwithstanding the foregoing, it shall confer with the other side and file a letter motion to that effect by noon tomorrow, in which case the conference would be restored to Monday's calendar (albeit at 2:15 p.m. if the parties are available at that time). (HEREBY ORDERED by Judge Jesse M. Furman) (Text Only Order) (Furman, Jesse) (Entered: 03/05/2020)

Docket(#6) NOTICE OF INITIAL PRETRIAL CONFERENCE: withdrawing #1 Motion to Withdraw Bankruptcy Reference; granting #5 Letter Motion for Conference. On February 6, 2020, Defendant RAR Entrepreneurial Fund, Ltd. moved to withdraw the reference in this case. ECF No. 1. On February 18, 2020, Plaintiff filed a notice of consent to the motion. ECF No. 5. Accordingly, the motion is GRANTED on consent. See, e.g., Buchwald v. Renco Grp., 539 B.R. 31, 36 (S.D.N.Y. 2015). It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on March 9, 2020, at 4:00 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. All counsel are required to register promptly as filing users on ECF and to familiarize themselves with the SDNY ECF Rules & Instructions. The Clerk of Court is directed to terminate ECF Nos. 1 and 5. SO ORDERED. ( Initial Conference set for 3/9/2020 at 04:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 2/24/2020) (ama) (Entered: 02/24/2020)

DocketNOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Lewis J. Liman is no longer assigned to the case..(wb) (Entered: 02/19/2020)

Docket(#5) LETTER MOTION for Conference addressed to Judge Lewis J. Liman from Brian W. Song dated February 18, 2020. Document filed by Irving H. Picard..(Song, Brian) (Entered: 02/18/2020)

Docket(#4) NOTICE OF APPEARANCE by Nicholas J. Cremona on behalf of Irving H. Picard..(Cremona, Nicholas) (Entered: 02/11/2020)

Docket(#3) NOTICE OF APPEARANCE by Brian Woo Hyon Song on behalf of Irving H. Picard..(Song, Brian) (Entered: 02/07/2020)

Docket(#2) NOTICE OF APPEARANCE by Bari Robyn Nadworny on behalf of Irving H. Picard..(Nadworny, Bari) (Entered: 02/07/2020)

DocketCase Designated ECF. (bkar) (Entered: 02/06/2020)

DocketMagistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (bkar) (Entered: 02/06/2020)

Docket(#1) MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-4352A, 08-1789A.Document filed by RAR Entrepreneurial Fund, Ltd.. (Attachments: #1 Defendants Memorandum of Law In Support, #2 Declaration of Helen Davis Chaitman, #3 Exhibit A to Declaration, #4 Exhibit B to Declaration, #5 Exhibit C to Declaration, #6 Proposed Order).(bkar) (Entered: 02/06/2020)