“B” TO TRUSTEE'S CIVIL APPEAL PRE-ARGUMENT STATEMENT ISSUES TO BE RAISED ON ...

228 Pages·2012·10.47 MB·English

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ADDENDUM “B” TO TRUSTEE’S
CIVIL APPEAL PRE-ARGUMENT STATEMENT

ISSUES TO BE RAISED ON APPEAL AND
STANDARD OF REVIEW

Issues to Be Raised on Appeal

I. Whether section 546(e) of the Bankruptcy Code (11 U.S.C. § 101 et seq.) should be
applied to the Trustee’s lawsuits against the various defendants named herein, including:
A. Whether section 546(e) of the Bankruptcy Code precludes a SIPA Trustee from
recovering fictitious profits and preferences in cases where such fictitious profits and preferences
were not the product of trading activity, but instead were predicated upon a fraud, such as in a
Ponzi scheme;
B. Whether, defendants’ customer account agreements with BLMIS constitute
“securities contracts” under sections 546(e) and 741(7) of the Bankruptcy Code;
C. Whether defendants’ withdrawal of preferential transfers and/or fictitious profits
from their BLMIS customer accounts constituted transfers “in connection with a securities
contract” under sections 546(e) and 741(7) of the Bankruptcy Code;
D. Whether defendants’ withdrawal of preferential transfers and/or fictitious profits
from their BLMIS customer accounts constituted transfers that were “settlement payments”
under sections 546(e) and 741(8) of the Bankruptcy Code;
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E. Whether defendants’ customer account agreements with BLMIS constitute
“master agreements” under section 741(7)(A)(x) of the Bankruptcy Code;
F. Whether defendants’ customer account agreements with BLMIS constitute
“security agreements” under section 741(7)(A)(xi) of the Bankruptcy Code; and
G. Whether the application of section 546(e) of the Bankruptcy Code to prevent a
SIPA trustee from recovering preferences and fictitious profits from a decades-long Ponzi
scheme comports with the purpose and legislative history of section 546(e).
II. Whether a defendant’s invocation of a defense under section 546(e) of the Bankruptcy
Code mandates withdrawal of the reference to Bankruptcy Court under 28 U.S.C. § 157(d).
Standard of Review
All issues in this appeal are reviewed de novo. With respect to the first issue on appeal
(including sub-issues A-G), this Court reviews de novo a district court’s dismissal of a complaint
pursuant to Federal Rule of Civil Procedure 12(b)(6). See Swiatkowski v. Citibank, 446 Fed.
Appx. 360, 360 (2d Cir. 2011); Chambers v. Time Warner, Inc., 282 F.3d 147, 152 (2d Cir.
2002). Likewise, as to the second issue on appeal, this Court reviews de novo a district court’s
grant or denial of a motion to withdraw the reference to a bankruptcy court pursuant to 28 U.S.C.
§ 157(d). See In re Vicars Ins. Agency, Inc., 96 F.3d 949, 951 (7th Cir. 1996).

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APPEAL,ECF,RELATED
U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE#: 1:11-cv-09059-JSR
Irving H. Picard v. Blue Star Investors, LLC C/0 Thomas H. Date Filed: 12/12/2011
Lee Capital, LLC et al Jury Demand: None
Assigned to: Judge Jed S. Rakoff Nature of Suit: 423 Bankruptcy
Related Case: 1: 11-cv-03605-JSR Withdraw!
Case in other court: USBC-SDNY, 08-01789 (BRL) Jurisdiction: Federal Question
Cause: 28:157 Motion to Withdraw Reference
InRe
Bernard L. Mad off Investment
Securities LLC
Debtor
Bernard L. Mad off Investment
Securities LLC
Plaintiff
Irving H. Picard represented by Oren J. Warshavsky
Trustee for the Liquidation ofB ernard Baker & Hostetler LLP (NYC)
L. Madoff Investment Securities LLC, 45 Rockefeller Plaza
and Bernard L. Madoff New York City, NY 10111
(212)-589-4200
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Marc E. Hirschfield
Baker & Hostetler LLP
45 Rockefeller Plaza
New York, NY 10001
[phone]
Fax: [phone]
Email: [email protected]
ATTORNEY TO BE NOTICED
Nicholas J. Cremona
Baker & Hostetler LLP (NYC)
45 Rockefeller Plaza
New York City, NY 10111
(212)-589-4200
Fax: [phone]
Email: [email protected]
ATTORNEY TO BE NOTICED
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v.
Defendant
Blue Star Investors, LLC C/0 represented by Jonathan D Polkes
Thomas H. Lee Capital, LLC Weil, Gotshal & Manges LLP (NYC)
767 Fifth Avenue, 25th Fl.
New York, NY 10153
[phone]
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Thomas H. Lee represented by Marcy Ressler Harris
Schulte Roth & Zabel LLP (NY)
919 Third A venue
New York, NY 10022
(212)-756-2271
Fax: [phone]
Email: marcy [email protected]
ATTORNEY TO BE NOTICED
Defendant
Blue Star Investors, LLC represented by Alfredo Rey Perez
Weil, Gotshal & Manges LLP (TX)
700 Louisiana Street, Suite 1600
Houston, TX 77002
(713)-546-5040
Fax: [phone]
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jonathan D Polkes
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Intervenor
Securities Investor Protection represented by Kevin H. Bell
Corporation Securities Investor Protection
Statutory Intervenor pursuant to Corporation
Securities Investor Protection Act, 15 805 15th Street, N.W., Suite 800
US.C. section 78eee(d) Washington, DC 20005
[phone]
Fax: [phone]
Email: [email protected]
LEAD ATTORNEY
ATTORNEYTOBENOTICED
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Lauren Attard
Sipc
805 15th Street NW Suite 800
Washington, DC 20005
[phone]
Fax: [phone]
Email: [email protected]
ATTORNEY TO BE NOTICED
Date Filed # Docket Text
12112/2011 1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE.
Bankruptcy Court Case Numbers: 10-4347A, 08-1789 (BRL).Document filed
by Thomas H. Lee. (Attachments:# 1 Exhibit A)(bkar) (Entered: 12112/2011)
12112/2011 CASE REFERRED TO Judge Jed S. Rakoffas possibly related to 11-cv-3605.
(bkar) (Entered: 12/12/2011)
12112/2011 Case Designated ECF. (bkar) (Entered: 12/12/2011)
12116/2011 Mailed letter to the United States Bankruptcy Court- Southern District ofNew
York as notification of filing of Bankruptcy Motion to Withdraw Reference
(Case Number: 08-01789 (BRL).) with the U.S.D.C.- S.D.N.Y. and the
assignment of S.D.N.Y. Case Number: 11-cv-9059. (rdz) (Entered:
12/16/2011)
12/16/2011 Mailed notice to the attomey(s) of record. (rdz) (Entered: 12/16/2011)
12119/2011 2 FILING ERROR- DEFICIENT DOCKET ENTRY -NOTICE OF
APPEARANCE by Jonathan D Polkes on behalf of Blue Star Investors, LLC
C/0 Thomas H. Lee Capital, LLC (Polkes, Jonathan) Modified on 12/19/2011
(ka). (Entered: 12/19/2011)
,..,
12/19/2011 NOTICE OF APPEARANCE by Alfredo Rey Perez on behalf of Blue Star
~
Investors, LLC (Perez, Alfredo) (Entered: 12/19/2011)
12/19/2011 1 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate
Parent. Document filed by Blue Star Investors, LLC.(Perez, Alfredo) (Entered:
12/19/2011)
12/19/2011 NOTICE OF APPEARANCE by Jonathan D Polkes on behalf of Blue Star
~
Investors, LLC (Polkes, Jonathan) (Entered: 12119/2011)
12/20/2011 Q NOTICE OF APPEARANCE by Oren 1. Warshavsky on behalf oflrving H.
Picard (Warshavsky, Oren) (Entered: 12/20/2011)
12/20/2011 7 NOTICE OF APPEARANCE by Nicholas 1. Cremona on behalf oflrving H.
Picard (Cremona, Nicholas) (Entered: 12/20/2011)
12/2112011 CASE ACCEPTED AS RELATED. Create association to 1: 11-cv-03605-JSR.
Notice of Assignment to follow. (pgu) (Entered: 12/2112011)
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12/21/2011 8 NOTICE OF CASE ASSIGNMENT to Judge Jed S. Rakoff. Judge Unassigned
is no longer assigned to the case. (pgu) (Entered: 12/21/2011)
12/21/2011 Magistrate Judge Henry B. Pitman is so designated. (pgu) (Entered:
12/21/2011)
12/21/2011 2 NOTICE OF APPEARANCE by Marcy Ressler Harris on behalfofThomas H.
Lee (Harris, Marcy) (Entered: 12/21/2011)
03/13/2012 10 ORDER: On consent, the above-captioned cases are consolidated pursuant to
Fed. R. Civ. Proc. 42(a) for the limited purpose of addressing the Motions to
Withdraw the Reference filed therein. In accordance with the schedule
established in a joint telephonic conference on March 9, 2012 between the
parties and the Court, the Trustee and SIPC should each submit one brief
responding to all three motions to withdraw the reference filed in the above-
captioned cases by May 30, 2012. The defendants, in tum, should collectively
submit one reply brief by June 20, 2012. The parties should use the caption
displayed on this Order as the caption for their briefs., ( Responses due by
5/30/2012., Replies due by 6/20/2012.) (Signed by Judge Jed S. Rakoff on
3/12/2012) (1mb) (Entered: 03113/2012)
05116/2012 Set/Reset Deadlines: (Motions due by 6/25/2012., Responses due by
7/25/2012, Replies due by 8/8/2012.), Set/Reset Hearings:( Oral Argument set
for 8/20/2012 at 04:00PM before Judge Jed S. Rakoff.) Gs) (Entered:
05/22/2012)
05118/2012 11 CONSENT ORDER DEFERRING BRIEFING ON REMAINING ISSUE IN
PENDING MOTION TO WITHDRAW THE REFERENCE: On consent of (i)
the above-captioned defendants (collectively, "Defendants"), (ii) Irving H.
Picard, as Trustee (the "Trustee") for the substantively consolidated liquidation
proceedings of Bernard L. Madoff Investment Securities LLC under the
Securities Investor Protection Act, and (iii) the Securities Investor Protection
Corporation ("SIPC", together with the Defendants and the Trustee, the
"Parties"), briefing with respect to whether a defendant's right to a jury trial
provides a basis to withdraw the reference for cause pursuant to 28 U.S.C. §
157(d), the only remaining legal issue raised by the pending consolidated
Motion to Withdraw the Reference (the "Remaining Issue") which is not
subsumed by the (i) Order, In re: Madoff Securities, No. 12-MC-115 (JSR)
(S.D.N.Y. April 13,2012) (ECF No.4) (the "Stem Order") and (ii) Order, In re:
Madoff Securities, No. 12-MC-00115 (JSR) (S.D.N.Y. April 19, 2012) (ECF
No. 22) (together with the Stem Order, the "Common Briefing Orders") shall
be deferred until after all of the issues articulated in the Common Briefing
Orders have been fully adjudicated by a final order of this Court. The Parties
shall advise this Court whether any further briefing with respect to the
Remaining Issue is necessary to resolve the pending consolidated Motion to
Withdraw the Reference in this action as soon as practicable after all of such
issues stated in the Common Briefing Orders have been fully adjudicated by a
final order of this Court. (Signed by Judge Jed S. Rakoff on 5117/2012) (cd)
(Entered: 05118/2012)
05118/2012 12 ORDER: The reference of the Adversary Proceedings listed in Exhibit A is
withdrawn, in part, from the Bankruptcy Court to this Court solely with respect
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to the Antecedent Debt Defendants for the limited purpose of hearing and
determining whether and to what extent (i) transfers made by Madoff
Securities that the Trustee seeks to avoid were made in exchange for value,
such as antecedent debts that Madoff Securities owed to the Antecedent Debt
Defendants at the time of the transfers. The Trustee and SIPC are deemed to
have raised, in response to all pending motions for withdrawal of the reference
based on the Withdrawn Antecedent Debt Issue, all arguments previously
raised by either or both of them in opposition to all such motions granted by
the Prior Antecedent Debt Withdrawal Rulings, and such objections or
arguments are deemed to be overruled, solely with respect to the Withdrawn
Antecedent Debt Issue, for the reasons stated in the Prior Antecedent Debt
Withdrawal Rulings. All objections that could be raised by the Trustee and/or
SIPC to the pending motions to withdraw the reference in the Adversary
Proceedings, and the defenses and responses thereto that may be raised by the
affected defendants, are deemed preserved on all matters. On or before June
25, 2012, the Antecedent Debt Defendants shall file a single consolidated
motion to dismiss pursuant to Fed. R. Civ. P. 12 (made applicable to the
Adversary Proceeding by Fed. R. Bankr. P. 7012) and a single consolidated
supporting memorandum of law, not to exceed fifty (50) pages (together, the
"Antecedent Debt Motion to Dismiss"). The Trustee and SIPC shall each file a
memorandum of law in opposition to the Antecedent Debt Motion to Dismiss,
not to exceed fifty (50) pages each, addressing the Withdrawn Antecedent Debt
Issue on or before July 25, 2012. The Antecedent Debt Defendants shall file
one consolidated reply brief, not to exceed thirty (30) pages, on or before
August 8, 2012. The Court will hold oral argument on the Antecedent Debt
Motion to Dismiss on August 20, 2012 at 4:00p.m. (the "Hearing Date"). On
or before August 8, 2012, the Antecedent Debt Defendants shall designate one
lead counsel to advocate their position at oral argument on the Hearing Date,
but any other attorney who wishes to be heard may appear and so request. The
caption displayed on this Order shall be used as the caption for all pleadings,
notices and briefs to be filed pursuant to this Order. All communications and
documents (including drafts) exchanged between and among any of the
defendants in any of the adversary proceedings, and/or their respective
attorneys, shall be deemed to be privileged communications and/or work
product, as the case may be, subject to a joint interest privilege. This Order is
without prejudice to any and all grounds for withdrawal of the reference (other
than the Withdrawn Antecedent Debt Issue) raised in the Adversary
Proceedings by the Antecedent Debt Defendants and any matter that cannot
properly be raised or resolved on a Rule 12 motion, all of which are preserved.
Nothing in this Order shall: (a) waive or resolve any issue not specifically
raised in the Antecedent Debt Motion to Dismiss; (b) waive or resolve any
issue raised or that could be raised by any party other than with respect to the
Withdrawn Antecedent Debt Issue, including related issues that cannot be
resolved on a motion under Fed. R. Civ. P. 12; or (c) notwithstanding Fed. R.
Civ. P. 12(g)(2) or Fed. R. Bankr. P. 7012(g)(2), except as specifically raised
in the Antecedent Debt Motion to Dismiss, limit, restrict or impair any defense
or argument that has been raised or could be raised by any Antecedent Debt
Defendant in a motion to dismiss under Fed. R. Civ. P. 12 or Fed. R. Bankr. P.
7012. Nothing in this Order shall constitute an agreement or consent by any
Antecedent Debt Defendant to pay the fees and expenses of any attorney other
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than such defendant's own retained attorney. This paragraph shall not affect or
compromise any rights of the Trustee or SIPC. This Order is without prejudice
to and preserves all objections of the Trustee and SIPC to timely-filed motions
for withdrawal of the reference currently pending before this Court (other than
the withdrawal of the reference solely with respect to the Withdrawn
Antecedent Debt Issue) with respect to the Adversary Proceedings, and the
defenses and responses thereto that may be raised by the affected defendants,
are deemed preserved on all matters. The procedures established by this Order,
or by further Order of this Court, shall constitute the sole and exclusive
procedures for determination of the Withdrawn Antecedent Debt Issue in the
Adversary Proceedings (except for any appellate practice resulting from such
determination), and this Court shall be the forum for such determination. To
the extent that briefing or argument schedules were previously established with
respect to the Withdrawn Antecedent Debt Issue in any of the Adversary
Proceedings, this Order supersedes all such schedules solely with respect to the
Withdrawn Antecedent Debt Issue. All other provisions as further set forth in
this order (Signed by Judge Jed S. Rakoffon 5/12/2012) (js) (Entered:
05/22/2012)
07/12/2012 ll ORDER: BASED ON THE FOREGOING, IT IS HEREBY ORDERED AS
FOLLOWS: The Prior Administrative Order is hereby amended and
superseded by this Order and the Adversary Proceedings listed on Exhibit A
are incorporated by reference herein: The motions to withdraw the reference in
the Adversary Proceedings identified on Exhibit B hereto are governed by the
Consolidated Briefing Orders and Permissive Withdrawal Orders and shall be
resolved through the common briefing ordered therein; The motions to
withdraw the reference in the Adversary Proceedings identified on Exhibit C
hereto, which raised permissive withdrawal arguments that were previously
deferred by prior orders of this Court, are governed by the Permissive
Withdrawal Orders and, for the reasons stated therein, the Court regards the
permissive withdrawal arguments made in such motions as subsumed by the
consolidated briefing on the issues presented by the Stem Order; Accordingly,
the Court will resolve the permissive withdrawal issues raised in the motions to
withdraw the reference in the Adversary Proceedings identified on Exhibit C
when the Court decides the motion described in the Stem Order; The prior
consent orders entered by this Court with respect to the Adversary Proceedings
identified on Exhibit C hereto are hereby vacated and superseded by this
Order; The resolution of the issues covered by Consolidated Briefing Orders
and Permissive Withdrawal Orders shall govern the motions to withdraw the
reference pending in the Adversary Proceedings and no further action is
required with respect to such motions; Any individual briefing schedules
previously established with respect to motions to withdraw the reference
pending in the Adversary Proceedings are hereby vacated. (Signed by Judge
Jed S. Rakoff on 7/11/2012) (rjm) (Entered: 07/27/2012)
07/23/2012 Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone
Conference held on 7/23/2012. (Kotowski, Linda) (Entered: 08/08/2012)
07/27/2012 l± CONSENT ORDER GRANTING CERTIFICATION PURSUANT TO FED.
R. CIV. P. 54(b) FOR ENTRY OF FINAL JUDGMENT DISMISSING
CERTAIN CLAIMS: For purposes of the 54(b) order only, the reference is
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deemed withdrawn from the Bankruptcy Court in each of the Inadvertently
Omitted Actions for the limited purpose of deciding whether Section 546(e ) of
the Bankruptcy Code applies, limiting the Trustee's ability to avoid transfers.
The Trustee and SIPC shall be deemed to have preserved all arguments
concerning the application of Section 546( e) to the Trustee's claims in the
Inadvertently Omitted Actions. The defendants in the Inadvertently Omitted
Actions shall be deemed to have preserved and made all arguments relating to
the application and effect of Section 546(e ) of the Bankruptcy Code that were
raised in the motions to dismiss in the Decided Actions. All objections and
arguments that could be raised by the Trustee and/or SIPC to any motion to
withdraw the reference, and all defenses and responses that could be raised in
opposition to the Trustee and/or SIPC's objections and arguments, are
preserved. The entry of final judgment dismissing the Trustee's claims in the
Inadvertently Omitted Actions that are substantively identical to the Dismissed
Claims ("Rule 54(b) Judgment") pursuant to Fed. R. Civ. P. 54(b) is
appropriate. To permit entry of final judgment under Fed. R. Civ. P. 54(b),
there must be multiple claims or multiple parties, at least one claim finally
decided within the meaning of28 U.S.C. § 1291, and an express determination
that there is no just reason for delay. In re Air Crash at Belle Harbor, N.Y., 490
F.3d 99, 108-09 (2d Cir. 2007) and as further set forth in this order. The
Inadvertently Omitted Actions are consolidated under the action captioned
Picard v. Blue Star Investors, LLC, et al., No. 11-cv-9059 (JSR) (S.D.N.Y.)
(the "Blue Star Action"), but solely with respect to and for the purposes of
entry of judgment on the claims in the Inadvertently Omitted Actions that are
substantively identical to the Dismissed Claims, and not with respect to the
Trustee's claims proceeding under Sections 548(a)(a )(l)(A) and 550(a) ofthe
Bankruptcy Code. The Court will administer the consolidated proceedings
under the following caption as set forth in this order. A single Rule 54(b)
Judgment shall be entered in the Blue Star Action, which shall govern the
Inadvertently Omitted Actions. The Rule 54(b) Judgment shall be entered only
in the Blue Star Action. Counsel for the Trustee, SIPC and the lead counsel in
the Inadvertently Omitted Actions are submitting an agreed form of the
proposed Rule 54(b) Judgment, which is attached hereto as Exhibit C. Any
appeal from the Rule 54(b) Judgment that the Trustee and/or SIPC may be
entitled to file will be taken only from the judgment entered in the Blue Star
Action. The Rule 54(b) Judgment and the Trustee's notice of appeal shall be
deemed entered in all of the Inadvertently Omitted Actions without further
notice or action. Notwithstanding the foregoing, the Trustee and SIPC shall not
be prevented from filing additional separate notices of appeal in any of the
Inadvertently Omitted Actions if the Trustee and SIPC determine the need to
do so to preserve the right to appeal. There will be no right of cross-appeal as
to any ofthe Rule 54(b) Judgments entered in the Blue Star Action or any
other Inadvertently Omitted Action in which the Trustee determines to file a
notice of appeal so as to limit the number and scope of appellate proceedings.
(Signed by Judge Jed S. Rakoff on 7/27/2012) (1mb) Modified on 7/3112012
(1mb). (Entered: 07/27/2012)
07/27/2012 15 FINAL mDGMENT DISMISSING CERTAIN CLAIMS, Pursuant to Fed. R.
Civ. P. 54(b): The complaints as consolidated in the Blue Star Action for
purposes ofthe entry of judgment and appeal, are dismissed and judgment is
entered, in part, soley with respect to and to the extent of all of the claims that
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sought avoidance of: (1) constructive fraudulent transfers under section 548(a)
(l)(B)ofthe Bankruptcy Code; and (2) actual and constructive fraudulent
transfers of fraudulent conveyances under provisions of the New York Debtor
& Creditor Law incorporated by section 544(b) of the Bankruptcy Code.
(Signed by Judge Jed S. Rakoffon 7/2712) (Attachments:# 1 Notice ofRight
to Appeal)(dt) (Entered: 07/30/2012)
08113/2012 1Q NOTICE OF APPEARANCE by Lauren Attard on behalf of Securities
Investor Protection Corporation (Attachments: # 1 Affidavit of Service)
(Attard, Lauren) (Entered: 08/13/2012)
08/13/2012 11 NOTICE OF APPEARANCE by Kevin H. Bell on behalf of Securities
Investor Protection Corporation (Attachments: # 1 Affidavit of Service) (Bell,
Kevin) (Entered: 08/13/20 12)
08/13/2012 ll. NOTICE OF APPEAL from 15 Judgment,. Document filed by Securities
Investor Protection Corporation. Filing fee$ 455.00, receipt number 0208-
7727898. Form C and Form Dare due within 14 days to the Court of Appeals,
Second Circuit. (Attachments: # 1 Exhibit, # .2. Exhibit, # l Exhibit, # 1
Exhibit, # 2 Exhibit, # 2. Exhibit, # 1 Exhibit, #~Exhibit, # .2 Exhibit, # 10
Exhibit, # 11 Exhibit, # 1.2. Exhibit, # U Exhibit, # H Exhibit, # 12 Exhibit, #
1Q Affidavit of Service)(Bell, Kevin) (Entered: 08/13/2012)
08/13/2012 Transmission ofNotice of Appeal and Certified Copy of Docket Sheet to US
Court of Appeals re: ll_ Notice of Appeal,. (nd) (Entered: 08/13/2012)
08/13/2012 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on
Appeal Electronic Files for 1 Notice of Appearance filed by Irving H. Picard, 2.
H
Notice of Appearance filed by Irving H. Picard, Consent Order, 13
Order,,,, .2 Notice of Appearance filed by Thomas H. Lee, 12 Order, Set
11
Deadlines, Set Hearings, Notice of Appearance filed by Securities Investor
Protection Corporation, lQ Order, Set Deadlines,,, 12 Judgment, 16 Notice
of Appearance filed by Securities Investor Protection Corporation, 11
Order,,, 1 Rule 7.1 Corporate Disclosure Statement filed by Blue Star
Investors, LLC, ~Notice of Case Assignment/Reassignment, 2 Notice of
Appearance filed by Blue Star Investors, LLC, ll. Notice of Appeal, filed by
Securities Investor Protection Corporation, 1 MOTION TO WITHDRAW
THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-
4347A, 08-1789 (BRL). filed by Thomas H. Lee, l Notice of Appearance filed
by Blue Star Investors, LLC were transmitted to the U.S. Court of Appeals.
(nd) (Entered: 08/13/2012)
08113/2012 1.2 NOTICE OF APPEAL from H Consent Order,,,,,,, 15 Judgment,.
Document filed by Irving H. Picard. Filing fee $ 455.00, receipt number 0208-
7728389. Form C and Form Dare due within 14 days to the Court of Appeals,
Second Circuit. (Attachments:# 1 Exhibit 1, # .2. Exhibit 2, # l Exhibit 3, # 1
Exhibit 4-Part 1, # 2 Exhibit 4-Part 2, # 2. Exhibit 4-Part 3, # 1 Exhibit 5, # ~
Exhibit 6, # .2 Exhibit 7, # lQ Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13
Exhibit 11, # H Exhibit 12, # .12 Exhibit 13, # .lQ Exhibit 14, # 11 Exhibit 15,
# ll_ Affidavit of Service)(Warshavsky, Oren) (Entered: 08/13/2012)
08/14/2012 Transmission ofNotice of Appeal and Certified Copy of Docket Sheet to US
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