Bank of New York Mellon Trust v. Hamilton Gardens CDO LTD
Court Docket Sheet

2nd Circuit Court of Appeals

2017-03053 (ca2)

NOTICE OF CIVIL APPEAL, with district court docket, on behalf of Appellant OWS Credit Opportunity I, LLC, FILED. [2135890] [17-3053] [Entered: 09/28/2017 04:08 PM]

Case 17-3053, Document 1-1, 09/27/2017, 2135890, Page1 of 2 United States Court of Appeals for the Second Circuit Thurgood Marshall U.S. Courthouse 40 Foley Square New York, NY 10007 ROBERT A. KATZMANN CATHERINE O'HAGAN WOLFE CHIEF JUDGE CLERK OF COURT Date: September 28, 2017 DC Docket #: 15-cv-4602 Docket #: 17-3053 DC Court: SDNY (NEW YORK Short Title: Bank of New York Mellon Trust v. Hamilton CITY) Gardens CDO LTD DC Judge: Oetken DC Judge: Netburn DOCKETING NOTICE A notice of appeal filed by OWS Credit Opportunity I, LLC in the above referenced case was docketed today as 17-3053. This number must appear on all documents related to this case that are filed in this Court. For pro se parties the docket sheet with the caption page, and an Acknowledgment and Notice of Appearance Form are enclosed. In counseled cases the docket sheet is available on PACER. Counsel must access the Acknowledgment and Notice of Appearance Form from this Court's website http://www.ca2.uscourts.gov. The form must be completed and returned within 14 days of the date of this notice. The form requires the following information: YOUR CORRECT CONTACT INFORMATION: Review the party information on the docket sheet and note any incorrect information in writing on the Acknowledgment and Notice of Appearance Form. The Court will contact one counsel per party or group of collectively represented parties when serving notice or issuing our order. Counsel must designate on the Acknowledgment and Notice of Appearance a lead attorney to accept all notices from this Court who, in turn will, be responsible for notifying any associated counsel. CHANGE IN CONTACT INFORMATION: An attorney or pro se party who does not immediately notify the Court when contact information changes will not receive notices, documents and orders filed in the case. An attorney and any pro se party who is permitted to file documents electronically in CM/ECF must notify the Court of a change to the user's mailing address, business address, telephone Case 17-3053, Document 1-1, 09/27/2017, 2135890, Page2 of 2 number, or e-mail. To update contact information, a Filing User must access PACER's Manage My Appellate Filer Account, https://www.pacer.gov/psco/cgi-bin/cmecf/ea-login.pl. The Court's records will be updated within 1 business day of a user entering the change in PACER. A pro se party who is not permitted to file documents electronically must notify the Court of a change in mailing address or telephone number by filing a letter with the Clerk of Court. CAPTION: In an appeal, the Court uses the district court caption pursuant to FRAP 12(a), 32(a). For a petition for review or original proceeding the Court uses a caption pursuant to FRAP 15(a) or 21(a), respectively. Please review the caption carefully and promptly advise this Court of any improper or inaccurate designations in writing on the Acknowledgment and Notice of Appearance form. If a party has been terminated from the case the caption may reflect that change only if the district court judge ordered that the caption be amended. APPELLATE DESIGNATIONS: Please review whether appellant is listed correctly on the party listing page of the docket sheet and in the caption. If there is an error, please note on the Acknowledgment and Notice of Appearance Form. Timely submission of the Acknowledgment and Notice of Appearance Form will constitute compliance with the requirement to file a Representation Statement required by FRAP 12(b). For additional information consult the Court's instructions posted on the website. Inquiries regarding this case may be directed to 212-857-8503. CaseCase 1:15-cv-04602-JPO-SN 17-3053, Document Document 1-2, 09/27/2017, 199 Filed 2135890, 09/26/17 Page1Page of 231 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK THE BANK OF NEW YORK MELLON No.: 15-CV-4602 (JPO) TRUST COMPANY, N.A, solely as Trustee, Plaintiff, NOTICE OF APPEAL v. HAMILTON GARDENS CDO LTD., et al. Defendants. Notice is hereby given that OWS Credit Opportunity I, LLC ("OWS Credit"), by and through its undersigned counsel, hereby appeals to the United States Court of Appeals for the Second Circuit from: (i) the Court’s December 7, 2016 Order instructing the Trustee to liquidate the CDO (the "Liquidation Order") [Dkt. No. 164, attached hereto as Exh. A]; (ii) the Court’s December 22, 2016 Order denying OWS Credit’s motion for reconsideration of the Liquidation Order [Dkt. No. 169, attached hereto as Exh. B]; (iii) the Court’s August 29, 2017 Order instructing the Trustee to distribute funds held in escrow in a manner contrary to the Indenture and releasing the Trustee from liability [Dkt. No. 197, attached hereto as Exh. C], and (iv) the Court’s August 29, 2017 Ordering denying OWS Credit’s request that the Trustee be struck from the Proposed Final Order [Dkt. No. 196, attached hereto as Exh. D]. Dated: New York, New York KASOWITZ BENSON TORRES LLP September 26, 2017 By:/s/Michael A. Hanin Michael A. Hanin 1633 Broadway New York, New York 10019 Telephone: (212) 506-1700 Case: Case 1:15-cv-04602-JPO-SN 17-3053, Document 1-2, As 09/27/2017, of: 09/27/2017 2135890, 10:47 AM Page2 EDTof 123of 22 CLOSED,APPEAL,CASREF,ECF U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:15−cv−04602−JPO−SN Bank of New York Mellon Trust Company, N.A. v. Hamilton Date Filed: 06/12/2015 Gardens CDO LTD et al Date Terminated: 08/29/2017 Assigned to: Judge J. Paul Oetken Jury Demand: None Referred to: Magistrate Judge Sarah Netburn Nature of Suit: 890 Other Statutory Cause: 28:1335 Interpleader Action Actions Jurisdiction: Federal Question Plaintiff Bank of New York Mellon Trust represented by Joseph Nicholas Froehlich Company, N.A. Locke Lord LLP 200 Vesey Street New York, NY 10281 (212) 415−8600 Email: jfroehlich@lockelord.com PRO HAC VICE ATTORNEY TO BE NOTICED V. Defendant Hamilton Gardens CDO LTD represented by Marcy Ressler Harris Schulte Roth & Zabel LLP (NY) 919 Third Avenue New York, NY 10022 (212)−756−2271 Fax: (212)−593−5955 Email: marcy.harris@srz.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Hamilton Gardens CDO Corp. represented by Marcy Ressler Harris (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Crescent II Fund, L.P. represented by Owen L. Cyrulnik Grais & Ellsworth, LLP 950 3rd Avenue, 24th Floor New York, NY 10022 (212) 755−0100 Fax: (212) 755−0052 Email: ocyrulnik@graisellsworth.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Ellington Credit Opportunities, Ltd. represented by Owen L. Cyrulnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant EF Securities LLC represented by Case: Case 1:15-cv-04602-JPO-SN 17-3053, Document 1-2, As 09/27/2017, of: 09/27/2017 2135890, 10:47 AM Page3 EDTof 223of 22 Owen L. Cyrulnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Ellington Special Opportunities LLC represented by Owen L. Cyrulnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant HH Ellington Master Fund Ltd. represented by Owen L. Cyrulnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Citigroup Global Markets Inc. represented by Ariel Purnell Cannon Dewey, Pegno & Kramarsky, LLP 777 Third Avenue New York, NY 10017 (212)−943−9000 Fax: (212)−943−4325 Email: acannon@dpklaw.com TERMINATED: 10/21/2015 LEAD ATTORNEY Blair Courtney Fensterstock Fensterstock & Partners LLP 100 Broadway, 8th Floor New York City, NY 10005 (212) 785−4100 Fax: (212) 785−4040 Email: bfensterstock@fensterstock.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Evan Steele Fensterstock Fensterstock & Partners LLP 100 Broadway, 8th Floor New York City, NY 10005 (212)−785−4100 Fax: (212) 785−4040 Email: efensterstock@fensterstock.com ATTORNEY TO BE NOTICED Glen Alan Kendall Fensterstock & Partners LLP 100 Broadway, 8th Floor New York City, NY 10005 (212) 785−4100 Fax: (212) 785−4040 Email: gkendall@fensterstock.com ATTORNEY TO BE NOTICED Defendant Cooperatieve Centrale represented by Mark David Villaverde Raiffeisen−Boerenleenbank B.A. Milbank, Tweed, Hadley & McCloy LLP 28 Liberty Street New York, NY 10005 (212) 530−5000 Case: Case 1:15-cv-04602-JPO-SN 17-3053, Document 1-2, As 09/27/2017, of: 09/27/2017 2135890, 10:47 AM Page4 EDTof 323of 22 Fax: (212) 530−5219 Email: mvillaverde@milbank.com ATTORNEY TO BE NOTICED Robert Lauri Lindholm, Jr. Milbank, Tweed, Hadley & McCloy LLP (NYC) 28 Liberty Street New York, NY 10005 (212)−530−5000 Fax: (212)−822−5219 Email: rlindholm@milbank.com ATTORNEY TO BE NOTICED Tawfiq Saifee Rangwala Milbank, Tweed, Hadley & McCloy LLP 601 South Figueroa St. Los Angeles, CA 90017 (212)−530−5587 Fax: (212)−822−5587 Email: trangwala@milbank.com ATTORNEY TO BE NOTICED Defendant Hare & Co. as Nominee for the Bank of New York Mellon Defendant Goldman, Sachs & Co. represented by Lisa C. Cohen Schindler Cohen & Hochman 100 Wall Street New York, NY 10005 2122776300 Fax: 2122776333 Email: LCohen@SCHlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Richard Jason Bettan Schindler Cohen & Hochman 100 Wall Street New York, NY 10005 212−277−6300 Fax: 212−277−6333 Email: rbettan@schlaw.com ATTORNEY TO BE NOTICED Defendant Cede & Co. as Nominee for the represented by Eric P Heichel Depository Trust Company Eiseman, Levine, Lehrhaupt & Kakoyiannis, P.C. 805 Third Avenue 10th Floor New York, NY 10022 (212) 752−1000 Fax: (212)355−4608 Email: eheichel@eisemanlevine.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant John Does 1 Through 100 Case: Case 1:15-cv-04602-JPO-SN 17-3053, Document 1-2, As 09/27/2017, of: 09/27/2017 2135890, 10:47 AM Page5 EDTof 423of 22 Defendant Scoggin Capital Management II LLC represented by May Orenstein (U.S.) Brown Rudnick LLP (NYC) Seven Times Square New York, NY 10036 (212) 209−4913 Fax: (212) 938−2809 Email: morenstein@brownrudnick.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Scoggin International Fund Ltd represented by May Orenstein (Cayman) (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Scoggin Worldwide Fund represented by May Orenstein Ltd.(Cayman) (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Interested Party OWS Credit Opportunity I, LLC represented by Michael Andrew Hanin Kasowitz, Benson, Torres & Friedman, LLP (NYC) 1633 Broadway New York, NY 10019 (212)−506−1788 Fax: (212)−506−1800 Email: mhanin@kasowitz.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed # Docket Text 06/12/2015 1 COMPLAINT against Cede & Co. as Nominee for the Depository Trust Company, Citigroup Global Markets Inc., Cooperatieve Centrale Raiffeisen−Boerenleenbank B.A., Crescent II Fund, L.P., EF Securities LLC, Ellington Credit Opportunities, Ltd., Ellington Special Opportunities LLC, Goldman, Sachs & Co., HH Ellington Master Fund Ltd., Hamilton Gardens CDO Corp., Hamilton Gardens CDO LTD, Hare & Co. as Nominee for the Bank of New York Mellon, John Does 1 Through 100. (Filing Fee $ 400.00, Receipt Number 0208−11029937)Document filed by Bank of New York Mellon Trust Company, N.A..(Froehlich, Joseph) (Entered: 06/12/2015) 06/12/2015 2 CIVIL COVER SHEET filed. (Froehlich, Joseph) (Entered: 06/12/2015) 06/12/2015 3 REQUEST FOR ISSUANCE OF SUMMONS as to Cede & Co., re: 1 Complaint,,. Document filed by Cede & Co. as Nominee for the Depository Trust Company. (Froehlich, Joseph) (Entered: 06/12/2015) 06/12/2015 4 FILING ERROR − DEFICIENT PLEADING − SUMMONS REQUESTED IS NOT AN AMENDED SUMMONS − REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Cede & Co., re: 1 Complaint,,. Document filed by Cede & Co. as Nominee for the Depository Trust Company. (Froehlich, Joseph) Modified on 6/16/2015 (dgo). (Entered: 06/12/2015) 06/12/2015 5 REQUEST FOR ISSUANCE OF SUMMONS as to Citigroup, re: 1 Complaint,,. Document filed by Citigroup Global Markets Inc.. (Froehlich, Joseph) (Entered: 06/12/2015) Case: Case 1:15-cv-04602-JPO-SN 17-3053, Document 1-2, As 09/27/2017, of: 09/27/2017 2135890, 10:47 AM Page6 EDTof 523of 22 06/12/2015 6 REQUEST FOR ISSUANCE OF SUMMONS as to Crescent II Fund, re: 1 Complaint,,. Document filed by Crescent II Fund, L.P.. (Froehlich, Joseph) (Entered: 06/12/2015) 06/12/2015 7 REQUEST FOR ISSUANCE OF SUMMONS as to EF Securities, re: 1 Complaint,,. Document filed by EF Securities LLC. (Froehlich, Joseph) (Entered: 06/12/2015) 06/12/2015 8 REQUEST FOR ISSUANCE OF SUMMONS as to Ellington Credit, re: 1 Complaint,,. Document filed by Bank of New York Mellon Trust Company, N.A.. (Froehlich, Joseph) (Entered: 06/12/2015) 06/12/2015 9 FILING ERROR − DEFICIENT PLEADING − SUMMONS REQUESTED IS NOT AN AMENDED SUMMONS − REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Cede & Co., re: 1 Complaint,,. Document filed by Bank of New York Mellon Trust Company, N.A.. (Froehlich, Joseph) Modified on 6/16/2015 (dgo). Modified on 6/16/2015 (dgo). (Entered: 06/12/2015) 06/12/2015 10 FILING ERROR − DEFICIENT PLEADING − SUMMONS REQUESTED IS NOT AN AMENDED SUMMONS − REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Citigroup Global Markets, Inc., re: 1 Complaint,,. Document filed by Bank of New York Mellon Trust Company, N.A.. (Froehlich, Joseph) Modified on 6/16/2015 (dgo). (Entered: 06/12/2015) 06/12/2015 11 FILING ERROR − DEFICIENT PLEADING − SUMMONS REQUESTED IS NOT AN AMENDED SUMMONS − REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Crescent II Fund, L.P., re: 1 Complaint,,. Document filed by Bank of New York Mellon Trust Company, N.A.. (Froehlich, Joseph) Modified on 6/16/2015 (dgo). (Entered: 06/12/2015) 06/12/2015 12 FILING ERROR − DEFICIENT PLEADING − SUMMONS REQUESTED IS NOT AN AMENDED SUMMONS − REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to EF Securities LLC, re: 1 Complaint,,. Document filed by Bank of New York Mellon Trust Company, N.A.. (Froehlich, Joseph) Modified on 6/16/2015 (dgo). (Entered: 06/12/2015) 06/12/2015 13 REQUEST FOR ISSUANCE OF SUMMONS as to Ellington Credit Opportunities, Ltd., re: 1 Complaint,,. Document filed by Bank of New York Mellon Trust Company, N.A.. (Froehlich, Joseph) (Entered: 06/12/2015) 06/12/2015 14 REQUEST FOR ISSUANCE OF SUMMONS as to Ellington Special Opportunities, LLC, re: 1 Complaint,,. Document filed by Bank of New York Mellon Trust Company, N.A.. (Froehlich, Joseph) (Entered: 06/12/2015) 06/12/2015 15 REQUEST FOR ISSUANCE OF SUMMONS as to Goldman, Sachs & Co., re: 1 Complaint,,. Document filed by Bank of New York Mellon Trust Company, N.A.. (Froehlich, Joseph) (Entered: 06/12/2015) 06/12/2015 16 REQUEST FOR ISSUANCE OF SUMMONS as to Hamilton Gardens CDO, Ltd., re: 1 Complaint,,. Document filed by Bank of New York Mellon Trust Company, N.A.. (Froehlich, Joseph) (Entered: 06/12/2015) 06/12/2015 17 REQUEST FOR ISSUANCE OF SUMMONS as to Hamilton Gardens CDO Corp., re: 1 Complaint,,. Document filed by Bank of New York Mellon Trust Company, N.A.. (Froehlich, Joseph) (Entered: 06/12/2015) 06/12/2015 18 REQUEST FOR ISSUANCE OF SUMMONS as to Hare & Co., re: 1 Complaint,,. Document filed by Bank of New York Mellon Trust Company, N.A.. (Froehlich, Joseph) (Entered: 06/12/2015) 06/12/2015 19 REQUEST FOR ISSUANCE OF SUMMONS as to HH Ellington Master Fund, Ftd., re: 1 Complaint,,. Document filed by Bank of New York Mellon Trust Company, N.A.. (Froehlich, Joseph) (Entered: 06/12/2015) 06/12/2015 20 REQUEST FOR ISSUANCE OF SUMMONS as to Cooperatieve Centrale Raiffeisen−Boerenleenbank B.A., re: 1 Complaint,,. Document filed by Bank of New York Mellon Trust Company, N.A.. (Froehlich, Joseph) (Entered: 06/12/2015) 06/12/2015 21 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent The Bank of New York Mellon Corporation for Bank of New York Mellon Trust Case: Case 1:15-cv-04602-JPO-SN 17-3053, Document 1-2, As 09/27/2017, of: 09/27/2017 2135890, 10:47 AM Page7 EDTof 623of 22 Company, N.A.. Document filed by Bank of New York Mellon Trust Company, N.A..(Froehlich, Joseph) (Entered: 06/12/2015) 06/15/2015 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above−entitled action is assigned to Judge J. Paul Oetken. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (dgo) (Entered: 06/15/2015) 06/15/2015 Magistrate Judge Sarah Netburn is so designated. (dgo) (Entered: 06/15/2015) 06/15/2015 Case Designated ECF. (dgo) (Entered: 06/15/2015) 06/15/2015 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Joseph Nicholas Froehlich. The party information for the following party/parties has been modified: Hamilton Gardens CDO LTD, Hamilton Gardens CDO Corp., Crescent II Fund, L.P., Ellington Credit Opportunities, Ltd., EF Securities LLC, Ellington Special Opportunities LLC, HH Ellington Master Fund Ltd., Citigroup Global Markets Inc., Cooperatieve Centrale Raiffeisen−Boerenleenbank B.A., Hare & Co. as Nominee for the Bank of New York Mellon, Goldman, Sachs & Co., Cede & Co. as Nominee for the Depository Trust Company, John Does 1 Through 100. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (dgo) (Entered: 06/15/2015) 06/15/2015 22 ELECTRONIC SUMMONS ISSUED as to Cooperatieve Centrale Raiffeisen−Boerenleenbank B.A.. (dgo) (Entered: 06/15/2015) 06/15/2015 23 ELECTRONIC SUMMONS ISSUED as to HH Ellington Master Fund Ltd.. (dgo) (Entered: 06/15/2015) 06/15/2015 24 ELECTRONIC SUMMONS ISSUED as to Hare & Co. as Nominee for the Bank of New York Mellon. (dgo) (Entered: 06/15/2015) 06/15/2015 25 ELECTRONIC SUMMONS ISSUED as to Hamilton Gardens CDO Corp.. (dgo) (Entered: 06/15/2015) 06/15/2015 26 ELECTRONIC SUMMONS ISSUED as to Hamilton Gardens CDO LTD. (dgo) (Entered: 06/15/2015) 06/15/2015 27 ELECTRONIC SUMMONS ISSUED as to Goldman, Sachs & Co.. (dgo) (Entered: 06/15/2015) 06/15/2015 28 ELECTRONIC SUMMONS ISSUED as to Ellington Special Opportunities LLC. (dgo) (Entered: 06/15/2015) 06/15/2015 29 ELECTRONIC SUMMONS ISSUED as to Ellington Credit Opportunities, Ltd.. (dgo) (Entered: 06/15/2015) 06/15/2015 30 ELECTRONIC SUMMONS ISSUED as to EF Securities LLC. (dgo) (Entered: 06/15/2015) 06/15/2015 31 ELECTRONIC SUMMONS ISSUED as to Crescent II Fund, L.P.. (dgo) (Entered: 06/15/2015) 06/15/2015 32 ELECTRONIC SUMMONS ISSUED as to Citigroup Global Markets Inc.. (dgo) (Entered: 06/15/2015) 06/15/2015 33 ELECTRONIC SUMMONS ISSUED as to Cede & Co. as Nominee for the Depository Trust Company. (dgo) (Entered: 06/15/2015) 07/22/2015 34 CERTIFICATE OF SERVICE. Crescent II Fund, L.P. served on 7/16/2015, answer due 8/6/2015. Document filed by Bank of New York Mellon Trust Company, N.A.. (Froehlich, Joseph) (Entered: 07/22/2015) 07/22/2015 35 CERTIFICATE OF SERVICE. EF Securities LLC served on 7/16/2015, answer due 8/6/2015. Document filed by Bank of New York Mellon Trust Company, N.A.. Case: Case 1:15-cv-04602-JPO-SN 17-3053, Document 1-2, As 09/27/2017, of: 09/27/2017 2135890, 10:47 AM Page8 EDTof 723of 22 (Froehlich, Joseph) (Entered: 07/22/2015) 07/22/2015 36 CERTIFICATE OF SERVICE. Ellington Credit Opportunities, Ltd. served on 7/16/2015, answer due 8/6/2015. Document filed by Bank of New York Mellon Trust Company, N.A.. (Froehlich, Joseph) (Entered: 07/22/2015) 07/22/2015 37 CERTIFICATE OF SERVICE. Ellington Special Opportunities LLC served on 7/16/2015, answer due 8/6/2015. Document filed by Bank of New York Mellon Trust Company, N.A.. (Froehlich, Joseph) (Entered: 07/22/2015) 07/22/2015 38 CERTIFICATE OF SERVICE. HH Ellington Master Fund Ltd. served on 7/16/2015, answer due 8/6/2015. Document filed by Bank of New York Mellon Trust Company, N.A.. (Froehlich, Joseph) (Entered: 07/22/2015) 07/28/2015 39 CERTIFICATE OF SERVICE. Hamilton Gardens CDO LTD served on 7/23/2015, answer due 8/13/2015. Document filed by Bank of New York Mellon Trust Company, N.A.. (Froehlich, Joseph) (Entered: 07/28/2015) 07/28/2015 40 AFFIDAVIT OF SERVICE. Hamilton Gardens CDO Corp. served on 7/23/2015, answer due 8/13/2015. Document filed by Bank of New York Mellon Trust Company, N.A.. (Froehlich, Joseph) (Entered: 07/28/2015) 07/29/2015 41 AFFIDAVIT OF SERVICE. Goldman, Sachs & Co. served on 7/23/2015, answer due 8/13/2015. Document filed by Bank of New York Mellon Trust Company, N.A.. (Froehlich, Joseph) (Entered: 07/29/2015) 07/30/2015 42 FILING ERROR − NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED − RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Ellington Financial LLC for EF Securities LLC. Document filed by Crescent II Fund, L.P., EF Securities LLC, Ellington Credit Opportunities, Ltd., Ellington Special Opportunities LLC, HH Ellington Master Fund Ltd..(Cyrulnik, Owen) Modified on 7/31/2015 (lb). (Entered: 07/30/2015) 07/30/2015 43 ANSWER to 1 Complaint,,. Document filed by Crescent II Fund, L.P., EF Securities LLC, Ellington Credit Opportunities, Ltd., Ellington Special Opportunities LLC, HH Ellington Master Fund Ltd..(Cyrulnik, Owen) (Entered: 07/30/2015) 07/31/2015 ***NOTICE TO ATTORNEY TO RE−FILE DOCUMENT − DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Owen L. Cyrulnik to RE−FILE Document 42 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Not All Corporate Parents were added. Please re−file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb) (Entered: 07/31/2015) 07/31/2015 44 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Ellington Special Opportunities Fund, Ltd. for Ellington Special Opportunities LLC; Corporate Parent HH Ellington Fund, Ltd. for HH Ellington Master Fund Ltd.; Corporate Parent Ellington Credit Opportunities Fund, Ltd., Corporate Parent Ellington Credit Opportunities Partners, L.P. for Ellington Credit Opportunities, Ltd.; Corporate Parent Ellington Financial LLC, Corporate Parent Ellington Financial Operating Partnership LLC for EF Securities LLC. Document filed by Crescent II Fund, L.P., EF Securities LLC, Ellington Credit Opportunities, Ltd., Ellington Special Opportunities LLC, HH Ellington Master Fund Ltd..(Cyrulnik, Owen) (Entered: 07/31/2015) 08/04/2015 45 AFFIDAVIT OF SERVICE. Cede & Co. as Nominee for the Depository Trust Company served on 7/20/2015, answer due 8/10/2015. Document filed by Bank of New York Mellon Trust Company, N.A.. (Froehlich, Joseph) (Entered: 08/04/2015) 08/04/2015 46 AFFIDAVIT OF SERVICE. Hare & Co. as Nominee for the Bank of New York Mellon served on 7/20/2015, answer due 8/10/2015. Document filed by Bank of New York Mellon Trust Company, N.A.. (Froehlich, Joseph) (Entered: 08/04/2015) 08/04/2015 47 AFFIDAVIT OF SERVICE. Citigroup Global Markets Inc. served on 7/31/2015, answer due 8/21/2015. Document filed by Bank of New York Mellon Trust Company, N.A.. (Froehlich, Joseph) (Entered: 08/04/2015) Case: Case 1:15-cv-04602-JPO-SN 17-3053, Document 1-2, As 09/27/2017, of: 09/27/2017 2135890, 10:47 AM Page9 EDTof 823of 22 08/10/2015 48 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Cede & Co. as Nominee for the Depository Trust Company.(Heichel, Eric) (Entered: 08/10/2015) 08/10/2015 49 ANSWER to 1 Complaint,,. Document filed by Cede & Co. as Nominee for the Depository Trust Company.(Heichel, Eric) (Entered: 08/10/2015) 08/12/2015 50 AFFIDAVIT OF SERVICE. Cooperatieve Centrale Raiffeisen−Boerenleenbank B.A. served on 7/30/2015, answer due 8/20/2015. Document filed by Bank of New York Mellon Trust Company, N.A.. (Froehlich, Joseph) (Entered: 08/12/2015) 08/18/2015 51 NOTICE OF APPEARANCE by Ariel Purnell Cannon on behalf of Citigroup Global Markets Inc.. (Cannon, Ariel) (Entered: 08/18/2015) 08/19/2015 52 LETTER MOTION for Extension of Time to File Answer re: 1 Complaint,, addressed to Judge J. Paul Oetken from Ariel P. Cannon dated 08/19/2015. Document filed by Citigroup Global Markets Inc..(Cannon, Ariel) (Entered: 08/19/2015) 08/19/2015 53 ORDER granting 52 Letter Motion for Extension of Time to Answer. GRANTED. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Entered: 08/19/2015) 08/31/2015 54 FILING ERROR − DEFICIENT PLEADING − SUMMONS REQUEST − SCOGGIN LLC NOT LISTED ON THE DOCKET − REQUEST FOR ISSUANCE OF SUMMONS as to Scoggin LLC, re: 1 Complaint,,. Document filed by Bank of New York Mellon Trust Company, N.A.. (Froehlich, Joseph) (pc) (Entered: 08/31/2015) 09/01/2015 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE−FILE Document No. 54 Request for Issuance of Summons. The filing is deficient for the following reason(s): Scoggin LLC Not listed on the docket. Must submit an amended complaint with the new party added in addition to editing the docket entry with the new party. Re−file the document using the event type Request for Issuance of Summons found under the event list Service of Process − select the correct filer/filers − and attach the correct summons form PDF. (pc) (Entered: 09/01/2015) 09/09/2015 55 LETTER MOTION for Leave to File Amended Interpleader Complaint addressed to Judge J. Paul Oetken from Joseph N. Froehlich dated 09/09/2015. Document filed by Bank of New York Mellon Trust Company, N.A..(Froehlich, Joseph) (Entered: 09/09/2015) 09/10/2015 56 ORDER granting 55 Letter Motion for Leave to File Document.The request to file an Amended Complaint is GRANTED. Plaintiff shall file an Amended Complaint by September 16, 2015. Defendants shall respond to the Amended Complaint by October 16, 2015. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 09/10/2015) 09/11/2015 57 AMENDED COMPLAINT amending 1 Complaint,, against Cede & Co. as Nominee for the Depository Trust Company, Citigroup Global Markets Inc., Cooperatieve Centrale Raiffeisen−Boerenleenbank B.A., Crescent II Fund, L.P., EF Securities LLC, Ellington Credit Opportunities, Ltd., Ellington Special Opportunities LLC, Goldman, Sachs & Co., HH Ellington Master Fund Ltd., Hamilton Gardens CDO Corp., Hamilton Gardens CDO LTD, Hare & Co. as Nominee for the Bank of New York Mellon, John Does 1 Through 100, Scoggin Capital Management II LLC (U.S.), Scoggin International Fund Ltd (Cayman), Scoggin Worldwide Fund Ltd.(Cayman).Document filed by Bank of New York Mellon Trust Company, N.A.. Related document: 1 Complaint,, filed by Bank of New York Mellon Trust Company, N.A..(Froehlich, Joseph) (Entered: 09/11/2015) 09/14/2015 58 REQUEST FOR ISSUANCE OF SUMMONS as to SCOGGIN CAPITAL MANAGEMENT II LLC (U.S.), re: 57 Amended Complaint,,,. Document filed by Bank of New York Mellon Trust Company, N.A.. (Froehlich, Joseph) (Entered: 09/14/2015) 09/14/2015 59 REQUEST FOR ISSUANCE OF SUMMONS as to SCOGGIN INTERNATIONAL FUND LTD (CAYMAN), re: 57 Amended Complaint,,,. Document filed by Bank of New York Mellon Trust Company, N.A.. (Froehlich, Joseph) (Entered: 09/14/2015) Case: Case1:15-cv-04602-JPO-SN 17-3053, Document 1-2, As09/27/2017, of: 09/27/2017 2135890, 10:47 AM Page10 EDT of923 of 22 09/14/2015 60 REQUEST FOR ISSUANCE OF SUMMONS as to SCOGGIN WORLDWIDE FUND LTD.(CAYMAN), re: 57 Amended Complaint,,,. Document filed by Bank of New York Mellon Trust Company, N.A.. (Froehlich, Joseph) (Entered: 09/14/2015) 09/15/2015 61 ELECTRONIC SUMMONS ISSUED as to Scoggin Capital Management II LLC (U.S.). (moh) (Entered: 09/15/2015) 09/15/2015 62 ELECTRONIC SUMMONS ISSUED as to Scoggin International Fund Ltd (Cayman). (moh) (Entered: 09/15/2015) 09/15/2015 63 ELECTRONIC SUMMONS ISSUED as to Scoggin Worldwide Fund Ltd.(Cayman). (moh) (Entered: 09/15/2015) 09/15/2015 64 CERTIFICATE OF SERVICE. Scoggin Capital Management II LLC (U.S.) served on 9/15/2015, answer due 10/6/2015. Document filed by Bank of New York Mellon Trust Company, N.A.. (Froehlich, Joseph) (Entered: 09/15/2015) 09/15/2015 65 CERTIFICATE OF SERVICE. Scoggin International Fund Ltd (Cayman) served on 9/15/2015, answer due 10/6/2015. Document filed by Bank of New York Mellon Trust Company, N.A.. (Froehlich, Joseph) (Entered: 09/15/2015) 09/15/2015 66 CERTIFICATE OF SERVICE. Scoggin Worldwide Fund Ltd.(Cayman) served on 9/15/2015, answer due 10/6/2015. Document filed by Bank of New York Mellon Trust Company, N.A.. (Froehlich, Joseph) (Entered: 09/15/2015) 09/18/2015 67 ANSWER to 57 Amended Complaint,,,. Document filed by Cede & Co. as Nominee for the Depository Trust Company.(Heichel, Eric) (Entered: 09/18/2015) 09/22/2015 68 NOTICE OF APPEARANCE by Evan Steele Fensterstock on behalf of Citigroup Global Markets Inc.. (Fensterstock, Evan) (Entered: 09/22/2015) 09/22/2015 69 NOTICE of Substitution of Attorney. Old Attorney: Ariel Purnell Cannon, New Attorney: Blair C. Fensterstock, Address: Fensterstock & Partners LLP, 100 Broadway, 8th Floor, New York, New York, United States 10005, 2127854100. Document filed by Citigroup Global Markets Inc.. (Fensterstock, Evan) (Entered: 09/22/2015) 09/22/2015 70 NOTICE OF APPEARANCE by Glen Alan Kendall on behalf of Citigroup Global Markets Inc.. (Kendall, Glen) (Entered: 09/22/2015) 09/22/2015 71 NOTICE OF APPEARANCE by Blair Courtney Fensterstock on behalf of Citigroup Global Markets Inc.. (Fensterstock, Blair) (Entered: 09/22/2015) 10/15/2015 72 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Citigroup Inc., Corporate Parent Citigroup Global Markets Holdings Inc., Corporate Parent Citigroup Financial Products Inc. for Citigroup Global Markets Inc.. Document filed by Citigroup Global Markets Inc..(Fensterstock, Evan) (Entered: 10/15/2015) 10/15/2015 73 ANSWER to 57 Amended Complaint,,,. Document filed by Citigroup Global Markets Inc..(Fensterstock, Evan) (Entered: 10/15/2015) 10/15/2015 74 ANSWER to 57 Amended Complaint,,,. Document filed by Crescent II Fund, L.P., EF Securities LLC, Ellington Credit Opportunities, Ltd., Ellington Special Opportunities LLC, HH Ellington Master Fund Ltd..(Cyrulnik, Owen) (Entered: 10/15/2015) 10/16/2015 75 NOTICE OF APPEARANCE by Marcy Ressler Harris on behalf of Hamilton Gardens CDO Corp., Hamilton Gardens CDO LTD. (Harris, Marcy) (Entered: 10/16/2015) 10/16/2015 76 FILING ERROR − CORPORATE PARENT/OTHER AFFILIATE NOT ADDED − RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Hamilton Gardens CDO Corp., Hamilton Gardens CDO LTD.(Harris, Marcy) Modified on 10/19/2015 (lb). (Entered: 10/16/2015) 10/16/2015 77 ANSWER to 57 Amended Complaint,,,. Document filed by Hamilton Gardens CDO Corp., Hamilton Gardens CDO LTD.(Harris, Marcy) (Entered: 10/16/2015) 10/16/2015 78 LETTER addressed to Judge J. Paul Oetken from Izuma Fukushima dated 10/15/2015 re: I write on behalf of Defendant Cooperatieve Centrale Raiffeisen−Boerenleenbank B.A. ("Rabobank") in the above−referenced matter to respectfully request an extension of Rabobank's time to respond to the Interpleader Amended Complaint in this action. Case: Case 1:15-cv-04602-JPO-SN 17-3053, Document 1-2, As 09/27/2017, of: 09/27/2017 2135890, 10:47 AM Page11 EDT of1023of 22 Document filed by Cooperatieve Centrale Raiffeisen−Boerenleenbank B.A. (kko) (Entered: 10/16/2015) 10/16/2015 79 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Scoggin Capital Management II LLC (U.S.), Scoggin International Fund Ltd (Cayman), Scoggin Worldwide Fund Ltd.(Cayman).(Orenstein, May) (Entered: 10/16/2015) 10/16/2015 80 ANSWER to 57 Amended Complaint,,,. Document filed by Scoggin Capital Management II LLC (U.S.), Scoggin International Fund Ltd (Cayman), Scoggin Worldwide Fund Ltd.(Cayman).(Orenstein, May) (Entered: 10/16/2015) 10/16/2015 81 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent The Goldman Sachs Group, Inc. for Goldman, Sachs & Co.. Document filed by Goldman, Sachs & Co..(Cohen, Lisa) (Entered: 10/16/2015) 10/16/2015 82 ANSWER to 57 Amended Complaint,,,. Document filed by Goldman, Sachs & Co..(Cohen, Lisa) (Entered: 10/16/2015) 10/19/2015 ***NOTICE TO ATTORNEY TO RE−FILE DOCUMENT − DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Marcy Ressler Harris to RE−FILE Document 76 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Corporate Parents were not added. Please re−file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb) (Entered: 10/19/2015) 10/19/2015 83 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Hamilton Gardens CDO Ltd. for Hamilton Gardens CDO Corp.. Document filed by Hamilton Gardens CDO Corp., Hamilton Gardens CDO LTD.(Harris, Marcy) (Entered: 10/19/2015) 10/19/2015 84 MEMO ENDORSEMENT on re: 78 Letter, filed by Cooperatieve Centrale Raiffeisen−Boerenleenbank B.A. request an extension of Rabobank's time to respond to the Interpleader Amended Complaint in this action. ENDORSEMENT: Granted. Defendant CoOperative Centrale Raiffeisen−Boerenleenbank shall respond to the Amended Complaint by October 30, 2015. Cooperatieve Centrale Raiffeisen−Boerenleenbank B.A. answer due 10/30/2015. (Signed by Judge J. Paul Oetken on 10/19/2015) (kko) Modified on 10/22/2015 (kko). (Entered: 10/19/2015) 10/20/2015 85 AFFIRMATION re: 69 Notice of Substitution of Attorney, Statement Pursuant to Local Rule 1.4. Document filed by Citigroup Global Markets Inc.. (Cannon, Ariel) (Entered: 10/20/2015) 10/21/2015 86 STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel and pursuant to Local Civil Rule 1.4, that the law firm of Fensterstock & Partners LLP is hereby substituted in the place and stead of Dewey, Pegno & Kramarsky, LLP as counsel of record for defendant Citigroup Global Markets Inc. in the above−captioned action. SO ORDERED. Attorney Ariel Purnell Cannon terminated. (Signed by Judge J. Paul Oetken on 10/21/2015) (kko) (Entered: 10/21/2015) 10/29/2015 87 NOTICE OF APPEARANCE by Tawfiq Saifee Rangwala on behalf of Cooperatieve Centrale Raiffeisen−Boerenleenbank B.A.. (Rangwala, Tawfiq) (Entered: 10/29/2015) 10/29/2015 88 NOTICE OF APPEARANCE by Mark David Villaverde on behalf of Cooperatieve Centrale Raiffeisen−Boerenleenbank B.A.. (Villaverde, Mark) (Entered: 10/29/2015) 10/29/2015 89 NOTICE OF APPEARANCE by Robert Lauri Lindholm, Jr on behalf of Cooperatieve Centrale Raiffeisen−Boerenleenbank B.A.. (Lindholm, Robert) (Entered: 10/29/2015) 10/29/2015 90 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Cooperatieve Centrale Raiffeisen−Boerenleenbank B.A..(Rangwala, Tawfiq) (Entered: 10/29/2015) Case: Case 1:15-cv-04602-JPO-SN 17-3053, Document 1-2, As 09/27/2017, of: 09/27/2017 2135890, 10:47 AM Page12 EDT of1123of 22 10/29/2015 91 ANSWER to 57 Amended Complaint,,,. Document filed by Cooperatieve Centrale Raiffeisen−Boerenleenbank B.A..(Rangwala, Tawfiq) (Entered: 10/29/2015) 11/03/2015 92 ORDER: Initial Conference set for 11/13/2015 at 03:15 PM in Courtroom 706 of the Thurgood Marshall United States Court House,, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken. (Signed by Judge J. Paul Oetken on 11/3/2015) (mro) (Entered: 11/03/2015) 11/06/2015 93 LETTER MOTION to Adjourn Conference addressed to Judge J. Paul Oetken from Owen L. Cyrulnik dated November 6, 2015. Document filed by Crescent II Fund, L.P., EF Securities LLC, Ellington Credit Opportunities, Ltd., Ellington Special Opportunities LLC, HH Ellington Master Fund Ltd..(Cyrulnik, Owen) (Entered: 11/06/2015) 11/09/2015 94 ORDER granting 93 Letter Motion to Adjourn Conference.Granted. The conference will be held on November 13, 2015, at 10:00 am. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 11/09/2015) 11/10/2015 95 PRE−CONFERENCE STATEMENT. Document filed by Crescent II Fund, L.P., EF Securities LLC, Ellington Credit Opportunities, Ltd., Ellington Special Opportunities LLC, HH Ellington Master Fund Ltd..(Cyrulnik, Owen) (Entered: 11/10/2015) 11/13/2015 Minute Entry for proceedings held before Judge J. Paul Oetken: Initial Pretrial Conference held on 11/13/2015. Order of referral to M.J. Netburn for settlement purposes to be entered by the Court. Next PTC set Sine Die. (Court Reporter none) (Skolnik, Brandon) (Entered: 11/13/2015) 11/13/2015 96 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. Present best estimate of the length of trial is not known at this time. Deposition due by 4/18/2016. Fact Discovery due by 3/11/2016. Expert Discovery due by 4/18/2016. Ready for Trial by 5/16/2016. (Signed by Judge J. Paul Oetken on 11/13/2015) (kko) (Entered: 11/13/2015) 11/13/2015 97 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Sarah Netburn. (Signed by Judge J. Paul Oetken on 11/13/2015) (kko) (Entered: 11/13/2015) 11/16/2015 98 ORDER: On Friday, November 13, 2015, the Honorable J. Paul Oetken referred this matter to my docket for settlement. The parties are directed to contact Courtroom Deputy Joseph Mendieta at (212) 805−0286, by March 11, 2016, to schedule a settlement conference. (Signed by Magistrate Judge Sarah Netburn on 11/16/2015) (kko) (Entered: 11/16/2015) 11/18/2015 99 LETTER addressed to Magistrate Judge Sarah Netburn from May Orenstein dated 11/18/2015 re: Case Management Order deadline for first mediation session. Document filed by Scoggin Capital Management II LLC (U.S.), Scoggin International Fund Ltd (Cayman), Scoggin Worldwide Fund Ltd.(Cayman).(Orenstein, May) (Entered: 11/18/2015) 11/19/2015 100 MEMO ENDORSEMENT on re: 99 Letter, filed by Scoggin International Fund Ltd (Cayman), Scoggin Capital Management II LLC (U.S.), Scoggin Worldwide Fund Ltd. (Cayman) re: Case Management Order deadline for first mediation session. ENDORSEMENT: The parties are directed to contact Courtroom Deputy Joseph Mendieta, at (212) 805−0286, to schedule a settlement conference as soon as possible. The Court is unavailable to hold a conference before December 21, 2015. Accordingly, the parties should be prepared to discuss dates for a conference at the end of December or first half of January 2016. (Signed by Magistrate Judge Sarah Netburn on 11/19/2015) (kko) (Entered: 11/19/2015) 11/23/2015 101 SETTLEMENT CONFERENCE ORDER: Settlement Conference set for 1/6/2016 at 10:00 AM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn. The parties are directed to review and comply with the Procedures for Cases Referred for Settlement to Magistrate Judge Sarah Netburn, a copy of which is available on the Court's website at http://www.nysd.uscourts.gov/judge/Netburn. As further explained in my Procedures, all partiesnot just the attorneysmust attend the settlement conference in person. The Case: Case 1:15-cv-04602-JPO-SN 17-3053, Document 1-2, As 09/27/2017, of: 09/27/2017 2135890, 10:47 AM Page13 EDT of1223of 22 parties are strongly encouraged to engage in good−faith settlement negotiations before the settlement conference and preferably before the submission to the Court of the Ex Parte Settlement Letter, which is to be submitted by Wednesday, December 30, 2015. Should the parties resolve the litigation before the conference date, they must notify the Court in writing immediately. (Signed by Magistrate Judge Sarah Netburn on 11/23/2015) (kko) (Entered: 11/23/2015) 12/15/2015 102 LETTER addressed to Judge J. Paul Oetken from Joseph N. Froehlich dated 12/15/2015 re: Proposed Order of Escrow Interpleader of Disputed Funds. Document filed by Bank of New York Mellon Trust Company, N.A..(Froehlich, Joseph) (Entered: 12/15/2015) 12/15/2015 103 NOTICE OF CHANGE OF ADDRESS by Joseph Nicholas Froehlich on behalf of Bank of New York Mellon Trust Company, N.A.. New Address: Locke Lord LLP, 200 Vesey Street, New York, New York, 10281, 212−415−8600. (Froehlich, Joseph) (Entered: 12/15/2015) 12/15/2015 104 ORDER OF ESCROW INTERPLEADER OF DISPUTED FUNDS: IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT: 1. The Court hereby has jurisdiction over the Disputed Funds and the Trustee shall maintain the Disputed Funds in the Interpleader Escrow. The Disputed Funds shall remain in the Interpleader Escrow with the Trustee, preserving the funds and reserving all rights and claims thereto, pending a determination by this Court of the respective rights and claims to such funds. Amounts deposited in such Interpleader Escrow shall be invested in the same manner as other amounts held in the Collection Account maintained by the Trustee pursuant to the Indenture and all investment income therefrom shall remain in such Interpleader Escrow until the Court issues an order instructing the Trustee on how the Disputed Funds shall be distributed. (As further set forth in this Order.) (Signed by Judge J. Paul Oetken on 12/15/2015) (kko) (Entered: 12/15/2015) 12/16/2015 105 LETTER addressed to Magistrate Judge Sarah Netburn from Joseph N. Froehlich dated 12/16/2015 re: Appearance at Mediation by Client Representative. Document filed by Bank of New York Mellon Trust Company, N.A..(Froehlich, Joseph) (Entered: 12/16/2015) 12/16/2015 106 MEMO ENDORSEMENT on re: 105 Letter filed by Bank of New York Mellon Trust Company, N.A. re: Appearance at Mediation by Client Representative. ENDORSEMENT: The request is GRANTED. As trustee of the interpleader funds, Bank of New York Mellon Trust Company will not be required to send a client representative to the January 6, 2016 settlement conference. The Court expects counsel for BNYM to attend the conference and for a representative of BNYM to be available by phone during the conference. (Signed by Magistrate Judge Sarah Netburn on 12/16/2015) (kko) (Entered: 12/17/2015) 12/17/2015 107 LETTER addressed to Magistrate Judge Sarah Netburn from Eric P. Heichel dated December 17, 2015 re: attendance at mediation. Document filed by Cede & Co. as Nominee for the Depository Trust Company.(Heichel, Eric) (Entered: 12/17/2015) 12/18/2015 108 MEMO ENDORSEMENT on re: 107 Letter filed by Cede & Co. as Nominee for the Depository Trust Company re: attendance at mediation. Document filed by Cede & Co. as Nominee for the Depository Trust Company. ENDORSEMENT: The request is GRANTED. Cede & Co. is excused from attending the settlement conference. (Signed by Magistrate Judge Sarah Netburn on 12/18/2015) (kko) (Entered: 12/18/2015) 12/21/2015 109 LETTER addressed to Magistrate Judge Sarah Netburn from Marcy Ressler Harris dated 12/21/2015 re: requesting that the Co−Issuers be excused from attendance at the mediation scheduled 1/6/16. Document filed by Hamilton Gardens CDO Corp., Hamilton Gardens CDO LTD.(Harris, Marcy) (Entered: 12/21/2015) 12/21/2015 110 MEMO ENDORSEMENT on re: 109 Letter, filed by Hamilton Gardens CDO Corp., Hamilton Gardens CDO LTD re: requesting that the Co−Issuers be excused from attendance at the mediation scheduled 1/6/16. ENDORSEMENT: The request is GRANTED. The co−issuers are excused from the settlement conference. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 12/21/2015) (kko) (Entered: 12/21/2015) Case: Case 1:15-cv-04602-JPO-SN 17-3053, Document 1-2, As 09/27/2017, of: 09/27/2017 2135890, 10:47 AM Page14 EDT of1323of 22 12/21/2015 111 LETTER addressed to Magistrate Judge Sarah Netburn from Tawfiq S. Rangwala dated December 21, 2015 re: requesting that the Investment Manager be excused from attendance at the mediation scheduled 1/6/16. Document filed by Cooperatieve Centrale Raiffeisen−Boerenleenbank B.A..(Rangwala, Tawfiq) (Entered: 12/21/2015) 12/22/2015 112 MEMO ENDORSEMENT on re: 111 Letter, filed by Cooperatieve Centrale Raiffeisen−Boerenleenbank B.A. re: requesting that the Investment Manager be excused from attendance at the mediation scheduled 1/6/16. ENDORSEMENT: The request is GRANTED. Defendant Rabobank need not attend the settlement conference. (Signed by Magistrate Judge Sarah Netburn on 12/22/2015) (kko) (Entered: 12/22/2015) 12/30/2015 113 FILING ERROR − WRONG EVENT TYPE SELECTED FROM MENU − LETTER MOTION for Conference for Settlement on January 6, 2016 addressed to Magistrate Judge Sarah Netburn from Owen L. Cyrulnik dated December 30, 2015. Document filed by Crescent II Fund, L.P., EF Securities LLC, Ellington Credit Opportunities, Ltd., Ellington Special Opportunities LLC, HH Ellington Master Fund Ltd.. (Attachments: # 1 Text of Proposed Order Proposed Order Re Personal Electronic Devices)(Cyrulnik, Owen) Modified on 1/5/2016 (db). (Entered: 12/30/2015) 12/30/2015 114 LETTER addressed to Magistrate Judge Sarah Netburn from Blair C. Fensterstock dated December 30, 2015 re: Request for Use of Personal Electronic Devices at 1/6/2016 Settlement Conference. Document filed by Citigroup Global Markets Inc.. (Attachments: # 1 Text of Proposed Order)(Kendall, Glen) (Entered: 12/30/2015) 12/30/2015 115 ORDER granting 113 Application for electronic devices in this application and the application for Blair C. Fensterstock. The executed orders will be held with the Court Security Officers at the courthouse. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah) (Entered: 12/30/2015) 12/30/2015 116 FILING ERROR − WRONG EVENT TYPE SELECTED FROM MENU − LETTER MOTION for Conference for Settlement on January 6, 2016 addressed to Magistrate Judge Sarah Netburn from May Orenstein dated December 30, 2015. Document filed by Scoggin Capital Management II LLC (U.S.), Scoggin International Fund Ltd (Cayman), Scoggin Worldwide Fund Ltd.(Cayman). (Attachments: # 1 Text of Proposed Order Re Personal Electronic Devices)(Orenstein, May) Modified on 1/5/2016 (db). (Entered: 12/30/2015) 12/30/2015 117 LETTER addressed to Magistrate Judge Sarah Netburn from Lisa C. Cohen dated December 30, 2015 re: request for order authorizing counsel for Goldman, Sachs & Co. to bring electronic devices to mediation scheduled for January 6, 2016. Document filed by Goldman, Sachs & Co.. (Attachments: # 1 Proposed Order Permitting Personal Electronic Devices and General Computing Devices)(Cohen, Lisa) (Entered: 12/30/2015) 01/04/2016 118 LETTER addressed to Magistrate Judge Sarah Netburn from Joseph N. Froehlich dated 1/4/2016 re: Request for Use of Personal Electronic Devices at 1/6/2016 Settlement Conference.. Document filed by Bank of New York Mellon Trust Company, N.A.. (Attachments: # 1 Text of Proposed Order allowing electronic devices)(Froehlich, Joseph) (Entered: 01/04/2016) 01/05/2016 ***NOTICE TO ATTORNEY TO RE−FILE DOCUMENT − EVENT TYPE ERROR. Notice to Attorney May Orenstein to RE−FILE Document 116 LETTER MOTION for Conference for Settlement on January 6, 2016 addressed to Magistrate Judge Sarah Netburn from May Orenstein dated December 30, 2015. Use the event type Letter found under the event list Other Documents. (db) (Entered: 01/05/2016) 01/05/2016 119 LETTER addressed to Magistrate Judge Sarah Netburn from May Orenstein dated 12/30/2015 re: requesting permission to bring the personal electronic devices listed in the attached proposed order into the Courthouse for the settlement conference on January 6, 2016. Document filed by Scoggin Capital Management II LLC (U.S.), Scoggin International Fund Ltd (Cayman), Scoggin Worldwide Fund Ltd.(Cayman).(Orenstein, May) (Entered: 01/05/2016) Case: Case 1:15-cv-04602-JPO-SN 17-3053, Document 1-2, As 09/27/2017, of: 09/27/2017 2135890, 10:47 AM Page15 EDT of1423of 22 01/06/2016 Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Settlement Conference held on 1/6/2016. (jnm) (Entered: 01/06/2016) 01/13/2016 120 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge J. Paul Oetken from Owen L. Cyrulnik dated January 13, 2016. Document filed by Crescent II Fund, L.P., EF Securities LLC, Ellington Credit Opportunities, Ltd., Ellington Special Opportunities LLC, HH Ellington Master Fund Ltd.. (Attachments: # 1 Text of Proposed Order)(Cyrulnik, Owen) (Entered: 01/13/2016) 01/14/2016 121 ORDER granting 120 Letter Motion for Extension of Time to Complete Discovery. Granted. The proposed discovery deadlines are hereby adopted. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 01/14/2016) 02/16/2016 122 LETTER MOTION for Discovery Request to Enter Protective Order addressed to Judge J. Paul Oetken from Owen L. Cyrulnik dated February 16, 2016. Document filed by Crescent II Fund, L.P., EF Securities LLC, Ellington Credit Opportunities, Ltd., Ellington Special Opportunities LLC, HH Ellington Master Fund Ltd.. (Attachments: # 1 Text of Proposed Order)(Cyrulnik, Owen) (Entered: 02/16/2016) 02/17/2016 123 STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... The Clerk of Court is directed to close the motion at docket number 122. (Signed by Judge J. Paul Oetken on 2/16/2016) (kgo) (Entered: 02/17/2016) 03/29/2016 124 ORDER: The parties are directed to appear for conference on April 7, 2016, at 3:00 p.m. in Courtroom 706 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007. Status Conference set for 4/7/2016 at 03:00 PM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken. (Signed by Judge J. Paul Oetken on 3/29/2016) (kgo) (Entered: 03/29/2016) 03/30/2016 125 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge J. Paul Oetken from Owen L. Cyrulnik dated March 30, 2016. Document filed by Crescent II Fund, L.P., EF Securities LLC, Ellington Credit Opportunities, Ltd., Ellington Special Opportunities LLC, HH Ellington Master Fund Ltd..(Cyrulnik, Owen) (Entered: 03/30/2016) 03/31/2016 126 LETTER RESPONSE in Opposition to Motion addressed to Judge J. Paul Oetken from Blair C. Fensterstock dated March 31, 2016 re: 125 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge J. Paul Oetken from Owen L. Cyrulnik dated March 30, 2016.. Document filed by Citigroup Global Markets Inc.. (Fensterstock, Evan) (Entered: 03/31/2016) 03/31/2016 127 ORDER granting 125 Letter Motion for Extension of Time to Complete Discovery.Granted. The deadline for fact discovery is hereby extended to May 16, 2016. The Court will not grant further extensions of this deadline absent compelling justification. The conference scheduled for April 7, 2016 is adjourned to May 17, 2016 at 11:00 am. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 03/31/2016) 04/04/2016 128 NOTICE of ADDITION TO ESCROW INTERPLEADER MAINTAINED BY TRUSTEE. Document filed by Bank of New York Mellon Trust Company, N.A.. (Froehlich, Joseph) (Entered: 04/04/2016) 04/08/2016 129 LETTER MOTION to Compel The Bank of New York Mellon Trust Company, N.A. to produce documents addressed to Judge J. Paul Oetken from Owen L. Cyrulnik dated April 8, 2016. Document filed by Crescent II Fund, L.P., EF Securities LLC, Ellington Credit Opportunities, Ltd., Ellington Special Opportunities LLC, HH Ellington Master Fund Ltd..(Cyrulnik, Owen) (Entered: 04/08/2016) 04/12/2016 130 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), and Specific Non−Dispositive Motion/Dispute: Dkt. No. 129. Referred to Magistrate Judge Sarah Netburn. Motions referred to Sarah Netburn. (Signed by Judge J. Paul Oetken on 4/12/2016) (tn) (Entered: 04/12/2016) Case: Case 1:15-cv-04602-JPO-SN 17-3053, Document 1-2, As 09/27/2017, of: 09/27/2017 2135890, 10:47 AM Page16 EDT of1523of 22 04/13/2016 131 ORDER re 129 Letter Motion to Compel. The Bank of New York Mellon shall file a letter by Friday, April 15, 2016, indicating whether it has any objections to the production of the requested documents so long as such production is ordered by the Court and governed by the parties' confidentiality provision. Any other party that wishes to be heard on this matter may also file a letter by that date. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah) (Entered: 04/13/2016) 04/13/2016 132 LETTER RESPONSE to Motion addressed to Magistrate Judge Sarah Netburn from Joseph N. Froehlich dated 04/13/2016 re: 129 LETTER MOTION to Compel The Bank of New York Mellon Trust Company, N.A. to produce documents addressed to Judge J. Paul Oetken from Owen L. Cyrulnik dated April 8, 2016.. Document filed by Bank of New York Mellon Trust Company, N.A.. (Froehlich, Joseph) (Entered: 04/13/2016) 04/20/2016 133 ORDER: Accordingly, Bank of New York Mellon Trust Company, as Trustee of the Hamilton Gardens CDO and Hamilton Gardens II CDO, is instructed to release the documents, which will be treated as confidential and subject to the Protective Order in this case. (As further set forth in this Order.) (Signed by Magistrate Judge Sarah Netburn on 4/20/2016) (kko) (Entered: 04/20/2016) 04/29/2016 134 NOTICE OF APPEARANCE by Richard Jason Bettan on behalf of Goldman, Sachs & Co.. (Bettan, Richard) (Entered: 04/29/2016) 05/13/2016 135 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge J. Paul Oetken from May Orenstein dated May 13, 2016. Document filed by Scoggin Capital Management II LLC (U.S.), Scoggin International Fund Ltd (Cayman), Scoggin Worldwide Fund Ltd.(Cayman).(Orenstein, May) (Entered: 05/13/2016) 05/16/2016 136 ORDER granting 135 Letter Motion for Extension of Time to Complete Discovery until May 23, 2016. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah) (Entered: 05/16/2016) 05/16/2016 137 LETTER MOTION to Adjourn Conference scheduled for May 17, 2016 addressed to Judge J. Paul Oetken from May Orenstein dated May 16, 2016. Document filed by Scoggin Capital Management II LLC (U.S.), Scoggin International Fund Ltd (Cayman), Scoggin Worldwide Fund Ltd.(Cayman).(Orenstein, May) (Entered: 05/16/2016) 05/16/2016 138 ORDER granting 137 Letter Motion to Adjourn Conference. Granted. The conference scheduled for May 17, 2016 is hereby adjourned to May 31, 2016 at 11:00am. So Ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 05/16/2016) 05/26/2016 139 LETTER addressed to Judge J. Paul Oetken from Marcy R. Harris dated 5/26/2016 re: Reimbursement of Co−Issuers' legal fees and expenses in light of any proposed settlement. Document filed by Hamilton Gardens CDO Corp., Hamilton Gardens CDO LTD.(Harris, Marcy) (Entered: 05/26/2016) 05/27/2016 140 LETTER addressed to Judge J. Paul Oetken from Blair C. Fensterstock dated May 27, 2016 re: Response and Objection to the Co−Issuers' Letter Dated May 26, 2016 (ECF No. 139). Document filed by Citigroup Global Markets Inc..(Fensterstock, Evan) (Entered: 05/27/2016) 05/31/2016 Minute Entry for proceedings held before Judge J. Paul Oetken: Interim Pretrial Conference held on 5/31/2016. Parties motion for summary judgment due July 12, 2016, and any responses are due Aug. 2, 2016. Next PTC set Sine Die. (See transcript for complete details.) (Court Reporter Steven Greenblum) (Skolnik, Brandon) Modified on 6/6/2016 (Skolnik, Brandon). (Entered: 05/31/2016) 06/08/2016 141 TRANSCRIPT of Proceedings re: conference held on 5/31/2016 before Judge J. Paul Oetken. Court Reporter/Transcriber: Steven Greenblum, (212) 805−0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/5/2016. Redacted Transcript Deadline set for 7/14/2016. Release of Transcript Restriction set for 9/9/2016.(McGuirk, Kelly) (Entered: 06/08/2016) Case: Case 1:15-cv-04602-JPO-SN 17-3053, Document 1-2, As 09/27/2017, of: 09/27/2017 2135890, 10:47 AM Page17 EDT of1623of 22 06/08/2016 142 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 5/31/16 has been filed by the court reporter/transcriber in the above−captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 06/08/2016) 06/24/2016 143 NOTICE of ADDITION TO ESCROW INTERPLEADER MAINTAINED BY TRUSTEE. Document filed by Bank of New York Mellon Trust Company, N.A.. (Froehlich, Joseph) (Entered: 06/24/2016) 06/27/2016 144 TRANSCRIPT of Proceedings re: conference held on 5/31/2016 before Judge J. Paul Oetken. Court Reporter/Transcriber: Steven Greenblum, (212) 805−0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/21/2016. Redacted Transcript Deadline set for 8/1/2016. Release of Transcript Restriction set for 9/29/2016.(McGuirk, Kelly) (Entered: 06/27/2016) 06/27/2016 145 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 5/31/16 has been filed by the court reporter/transcriber in the above−captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 06/27/2016) 07/12/2016 146 MOTION for Summary Judgment. Document filed by Citigroup Global Markets Inc.. Responses due by 8/2/2016(Kendall, Glen) (Entered: 07/12/2016) 07/12/2016 147 AFFIDAVIT of Blair C. Fensterstock in Support re: 146 MOTION for Summary Judgment.. Document filed by Citigroup Global Markets Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B − Part 1 of 4, # 3 Exhibit B − Part 2 of 4, # 4 Exhibit B − Part 3 of 4, # 5 Exhibit B − Part 4 of 4, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Exhibit N, # 18 Exhibit O, # 19 Exhibit P, # 20 Exhibit Q, # 21 Exhibit R, # 22 Exhibit S, # 23 Exhibit T, # 24 Exhibit U, # 25 Exhibit V, # 26 Exhibit W, # 27 Exhibit X, # 28 Exhibit Y, # 29 Exhibit Z, # 30 Exhibit AA, # 31 Exhibit BB, # 32 Exhibit CC, # 33 Errata DD, # 34 Exhibit EE, # 35 Exhibit FF)(Kendall, Glen) (Entered: 07/12/2016) 07/12/2016 148 RULE 56.1 STATEMENT. Document filed by Citigroup Global Markets Inc.. (Kendall, Glen) (Entered: 07/12/2016) 07/12/2016 149 MEMORANDUM OF LAW in Support re: 146 MOTION for Summary Judgment.. Document filed by Citigroup Global Markets Inc.. (Kendall, Glen) (Entered: 07/12/2016) 07/12/2016 150 JOINDER to join re: 146 MOTION for Summary Judgment., 149 Memorandum of Law in Support of Motion, 148 Rule 56.1 Statement, 147 Affidavit in Support of Motion,,,. Document filed by Scoggin Capital Management II LLC (U.S.), Scoggin International Fund Ltd (Cayman), Scoggin Worldwide Fund Ltd.(Cayman).(Orenstein, May) (Entered: 07/12/2016) 07/12/2016 151 MOTION for Summary Judgment. Document filed by Scoggin Capital Management II LLC (U.S.), Scoggin International Fund Ltd (Cayman), Scoggin Worldwide Fund Ltd.(Cayman). Responses due by 8/2/2016(Orenstein, May) (Entered: 07/12/2016) 07/12/2016 152 MOTION for Summary Judgment. Document filed by Crescent II Fund, L.P., EF Securities LLC, Ellington Credit Opportunities, Ltd., Ellington Special Opportunities LLC, HH Ellington Master Fund Ltd.. Responses due by 8/2/2016(Cyrulnik, Owen) (Entered: 07/12/2016) 07/12/2016 153 RULE 56.1 STATEMENT. Document filed by Crescent II Fund, L.P., EF Securities LLC, Ellington Credit Opportunities, Ltd., Ellington Special Opportunities LLC, HH Ellington Master Fund Ltd.. (Attachments: # 1 Exhibit A (part 1), # 2 Exhibit A (part 2), # 3 Exhibit A (part 3), # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D)(Cyrulnik, Case: Case 1:15-cv-04602-JPO-SN 17-3053, Document 1-2, As 09/27/2017, of: 09/27/2017 2135890, 10:47 AM Page18 EDT of1723of 22 Owen) (Entered: 07/12/2016) 07/12/2016 154 RULE 56.1 STATEMENT. Document filed by Crescent II Fund, L.P., EF Securities LLC, Ellington Credit Opportunities, Ltd., Ellington Special Opportunities LLC, HH Ellington Master Fund Ltd.. (Cyrulnik, Owen) (Entered: 07/12/2016) 07/12/2016 155 AFFIRMATION of Leanne M. Wilson in Support re: 152 MOTION for Summary Judgment.. Document filed by Crescent II Fund, L.P., EF Securities LLC, Ellington Credit Opportunities, Ltd., Ellington Special Opportunities LLC, HH Ellington Master Fund Ltd.. (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)(Cyrulnik, Owen) (Entered: 07/12/2016) 07/12/2016 156 MEMORANDUM OF LAW in Support re: 152 MOTION for Summary Judgment.. Document filed by Crescent II Fund, L.P., EF Securities LLC, Ellington Credit Opportunities, Ltd., Ellington Special Opportunities LLC, HH Ellington Master Fund Ltd.. (Cyrulnik, Owen) (Entered: 07/12/2016) 07/13/2016 157 ENDORSED LETTER addressed to Judge J. Paul Oetken from Owen L. Cyrulnik dated 7/13/2016 re: The Ellington Funds have filed the Wilson Affirmation with slip sheets in place of the four documents that BNYM has requested to be filed under seal. Because BNYM requests that the full text of the four documents be filed under seal, we have not highlighted or identified redactions to those documents. The Wilson Affirmation and the four documents are enclosed with this letter. The Ellington Funds will deliver a courtesy copy of the documents associated with this request to seal to the Court tomorrow. ENDORSEMENT: Granted. Counsel for the Ellington Funds may file the exhibits described herein under seal, and is directed to submit unredacted copies directly to chambers. SO ORDERED. (Signed by Judge J. Paul Oetken on 7/13/2016) (ama) (Entered: 07/13/2016) 07/13/2016 158 SEALED DOCUMENT placed in vault.(rz) (Entered: 07/13/2016) 09/20/2016 159 NOTICE of ADDITION TO ESCROW INTERPLEADER MAINTAINED BY TRUSTEE. Document filed by Bank of New York Mellon Trust Company, N.A.. (Froehlich, Joseph) (Entered: 09/20/2016) 12/06/2016 160 FILING ERROR − WRONG EVENT TYPE SELECTED FROM MENU − LETTER MOTION for Leave to File Stipulation and Proposed Order Regarding Liquidation of Collateral addressed to Judge J. Paul Oetken from Owen L. Cyrulnik dated December 6, 2016. Document filed by Crescent II Fund, L.P., EF Securities LLC, Ellington Credit Opportunities, Ltd., Ellington Special Opportunities LLC, HH Ellington Master Fund Ltd.. (Attachments: # 1 Text of Proposed Order Stipulation and Proposed Order Regarding Liquidation of Collateral)(Cyrulnik, Owen) Modified on 12/7/2016 (db). (Entered: 12/06/2016) 12/07/2016 ***NOTICE TO ATTORNEY TO RE−FILE DOCUMENT − EVENT TYPE ERROR. Notice to Attorney Owen L. Cyrulnik to RE−FILE Document 160 LETTER MOTION for Leave to File Stipulation and Proposed Order Regarding Liquidation of Collateral addressed to Judge J. Paul Oetken from Owen L. Cyrulnik dated December 6, 2016. Use the event type Letter found under the event list Other Documents. (db) (Entered: 12/07/2016) 12/07/2016 161 LETTER addressed to Judge J. Paul Oetken from Owen L. Cyrulnik dated December 6, 2016 re: Stipulation and Proposed Order Regarding Liquidation of Collateral. Document filed by Crescent II Fund, L.P., EF Securities LLC, Ellington Credit Opportunities, Ltd., Ellington Special Opportunities LLC, HH Ellington Master Fund Ltd.. (Attachments: # 1 Stipulation and Proposed Order Regarding Liquidation of Collateral)(Cyrulnik, Owen) (Entered: 12/07/2016) 12/07/2016 162 NOTICE OF APPEARANCE by Michael Andrew Hanin on behalf of OWS Credit Opportunity I, LLC. (Hanin, Michael) (Entered: 12/07/2016) 12/07/2016 163 LETTER addressed to Judge J. Paul Oetken from Michael A. Hanin dated December 7, 2016 re: Writing in Response to Letter dated December 6, 2016 from Ellington Funds. Document filed by OWS Credit Opportunity I, LLC.(Hanin, Michael) (Entered: 12/07/2016) Case: Case 1:15-cv-04602-JPO-SN 17-3053, Document 1-2, As 09/27/2017, of: 09/27/2017 2135890, 10:47 AM Page19 EDT of1823of 22 12/07/2016 164 STIPULATION AND ORDER: NOW THEREFORE, THE PARTIES STIPULATE AND AGREE AND IT IS HEREBY ORDERED that: All proceedings in this action are stayed pending the liquidation of the collateral pursuant to section 5.17 of the Indenture. The Trustee shall proceed with the Sale/Termination of the Collateral, as those terms are defined in the Indenture. All proceedings in this action are hereby stayed, pursuant to this Stipulation and Order. The pending motions for summary judgment at Docket No. 146, 151, and 152 are hereby DENIED as moot, without prejudice to refiling in the event that the settlement is not consummated. The Clerk of Court is directed to close those motions. SO ORDERED., Motions terminated: 146 MOTION for Summary Judgment. filed by Citigroup Global Markets Inc., 151 MOTION for Summary Judgment filed by Scoggin International Fund Ltd (Cayman), Scoggin Capital Management II LLC (U.S.), Scoggin Worldwide Fund Ltd.(Cayman), 152 MOTION for Summary Judgment filed by Ellington Special Opportunities LLC, Ellington Credit Opportunities, Ltd., EF Securities LLC, HH Ellington Master Fund Ltd., Crescent II Fund, L.P. (Signed by Judge J. Paul Oetken on 12/07/2016) (ama) (Entered: 12/07/2016) 12/07/2016 Case Stayed (ama) (Entered: 12/07/2016) 12/13/2016 165 LETTER addressed to Judge J. Paul Oetken from Michael A. Hanin dated December 13, 2016 re: reconsideration of the Court's December 7, 2016 Order. Document filed by OWS Credit Opportunity I, LLC. (Attachments: # 1 Exhibit A)(Hanin, Michael) (Entered: 12/13/2016) 12/14/2016 166 LETTER addressed to Judge J. Paul Oetken from Owen L. Cyrulnik dated December 14, 2016 re: Opposition to OWS's Motion for Reconsideration of the Court's December 7, 2016 Order. Document filed by Crescent II Fund, L.P., EF Securities LLC, Ellington Credit Opportunities, Ltd., Ellington Special Opportunities LLC, HH Ellington Master Fund Ltd..(Cyrulnik, Owen) (Entered: 12/14/2016) 12/14/2016 167 LETTER addressed to Judge J. Paul Oetken from May Orenstein dated December 14, 2016 re: Opposition to OWS's Motion for Reconsideration of the Court's December 7, 2016 Order. Document filed by Scoggin Capital Management II LLC (U.S.), Scoggin International Fund Ltd (Cayman), Scoggin Worldwide Fund Ltd.(Cayman).(Orenstein, May) (Entered: 12/14/2016) 12/15/2016 168 LETTER addressed to Judge J. Paul Oetken from Joseph N. Froehlich dated December 15, 2016 re: Resoponse to OWS's Letter Request dated December 13, 2016. Document filed by Bank of New York Mellon Trust Company, N.A..(Froehlich, Joseph) (Entered: 12/15/2016) 12/22/2016 169 ORDER re: 165 Letter re: reconsideration of the Court's December 7, 2016 Order filed by OWS Credit Opportunity I, LLC. The Court construes the letter as a motion for reconsideration. For the foregoing reasons, OWS Credit's motion is hereby DENIED. (Signed by Judge J. Paul Oetken on 12/22/2016) (cla) (Entered: 12/22/2016) 12/23/2016 170 NOTICE of ADDITION TO ESCROW INTERPLEADER MAINTAINED BY TRUSTEE. Document filed by Bank of New York Mellon Trust Company, N.A.. (Froehlich, Joseph) (Entered: 12/23/2016) 01/05/2017 171 NOTICE OF APPEAL from 169 Order, 164 Stipulation and Order, Set Deadlines/Hearings, Terminate Motions,,,,,,,,,,,,. Document filed by OWS Credit Opportunity I, LLC. Filing fee $ 505.00, receipt number 0208−13165679. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hanin, Michael) (Entered: 01/05/2017) 01/05/2017 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 171 Notice of Appeal,. (nd) (Entered: 01/05/2017) 01/05/2017 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 171 Notice of Appeal, filed by OWS Credit Opportunity I, LLC were transmitted to the U.S. Court of Appeals. (nd) (Entered: 01/05/2017) 04/10/2017 172 LETTER addressed to Judge J. Paul Oetken from Owen L. Cyrulnik dated April 10, 2017 re: Stipulation and Proposed Order Regarding Disposition of Liquidation Proceeds. Document filed by Crescent II Fund, L.P., EF Securities LLC, Ellington Credit Opportunities, Ltd., Ellington Special Opportunities LLC, HH Ellington Master Fund Ltd.. (Attachments: # 1 Text of Proposed Order Stipulation and Proposed Order Case: Case 1:15-cv-04602-JPO-SN 17-3053, Document 1-2, As 09/27/2017, of: 09/27/2017 2135890, 10:47 AM Page20 EDT of1923of 22 Regarding Disposition of Liquidation Proceeds)(Cyrulnik, Owen) (Entered: 04/10/2017) 04/13/2017 173 LETTER addressed to Judge J. Paul Oetken from Marcy R. Harris dated 4/13/2017 re: Defer entry of Proposed Order 172. Document filed by Hamilton Gardens CDO Corp., Hamilton Gardens CDO LTD.(Harris, Marcy) (Entered: 04/13/2017) 04/14/2017 174 LETTER addressed to Judge J. Paul Oetken from Owen L. Cyrulnik dated April 14, 2017 re: Response to Joint Letter from Co−Issuers and Rabobank. Document filed by Crescent II Fund, L.P., EF Securities LLC, Ellington Credit Opportunities, Ltd., Ellington Special Opportunities LLC, HH Ellington Master Fund Ltd..(Cyrulnik, Owen) (Entered: 04/14/2017) 04/14/2017 175 MANDATE of USCA (Certified Copy) as to 171 Notice of Appeal, filed by OWS Credit Opportunity I, LLC. USCA Case Number 17−057..Appellant filed an unopposed motion to withdraw the appeal. IT IS HEREBY ORDERED that the motion is GRANTED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 04/14/2017. (nd) (Entered: 04/17/2017) 05/09/2017 176 ORDER: The parties have submitted several letters regarding some disputed administration fees in connection with the liquidation of the assets in the Hamilton Gardens CDO. (See Dkt Nos. 172, 173, 174.) Pursuant to the briefing proposed therein, the Court adopts the following expedited submission schedule on the matter: June 1, 2017: Co−Issuers and Rabobank to file joint letter brief (maximum 10 pages) June 15, 2017: Joint opposition letter brief to be filed (maximum 12 pages) June 24, 2017: Co−Issuers and Rabobank to file joint reply brief (maximum 7 pages). SO ORDERED, (Brief due by 6/1/2017., Reply to Response to Brief due by 6/24/2017., Responses to Brief due by 6/15/2017) (Signed by Judge J. Paul Oetken on 5/09/2017) (ama) (Entered: 05/09/2017) 06/01/2017 177 LETTER addressed to Judge J. Paul Oetken from Marcy Ressler Harris dated 06/01/2017 re: disputed administration fees. Document filed by Hamilton Gardens CDO Corp., Hamilton Gardens CDO LTD. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q)(Harris, Marcy) (Entered: 06/01/2017) 06/15/2017 178 LETTER addressed to Judge J. Paul Oetken from Owen L. Cyrulnik dated June 15, 2017 re: Opposition to Co−Issuers and Rabobank's Request for Fees. Document filed by Crescent II Fund, L.P., EF Securities LLC, Ellington Credit Opportunities, Ltd., Ellington Special Opportunities LLC, HH Ellington Master Fund Ltd.. (Attachments: # 1 Declaration of Owen L. Cyrulnik, # 2 Exhibit A − Part I, # 3 Exhibit A − Part II, # 4 Exhibit A − Part III, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F)(Cyrulnik, Owen) (Entered: 06/15/2017) 06/26/2017 179 LETTER addressed to Judge J. Paul Oetken from Tawfiq S. Rangwala dated June 26, 2017 re: Reply in Support of Request for Fees. Document filed by Cooperatieve Centrale Raiffeisen−Boerenleenbank B.A., Hamilton Gardens CDO Corp., Hamilton Gardens CDO LTD.(Rangwala, Tawfiq) (Entered: 06/26/2017) 06/26/2017 180 DECLARATION of Tawfiq S. Rangwala in Support re: 179 Letter,. Document filed by Cooperatieve Centrale Raiffeisen−Boerenleenbank B.A.. (Attachments: # 1 Exhibit A Part 1, # 2 Exhibit A Part 2, # 3 Exhibit A Part 3, # 4 Exhibit A Part 4)(Rangwala, Tawfiq) (Entered: 06/26/2017) 06/26/2017 181 LETTER addressed to Judge J. Paul Oetken from Tawfiq S. Rangwala dated June 26, 2017 re: Request to Redact Exhibits. Document filed by Cooperatieve Centrale Raiffeisen−Boerenleenbank B.A., Hamilton Gardens CDO Corp., Hamilton Gardens CDO LTD.(Rangwala, Tawfiq) (Entered: 06/26/2017) 06/26/2017 182 DECLARATION of Marcy R. Harris in Support re: 179 Letter,. Document filed by Hamilton Gardens CDO Corp., Hamilton Gardens CDO LTD. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Harris, Marcy) (Entered: 06/26/2017) 06/29/2017 183 LETTER addressed to Judge J. Paul Oetken from Owen L. Cyrulnik dated June 29, 2017 re: Co−Issuers and Rabobank's time records. Document filed by Crescent II Case: Case 1:15-cv-04602-JPO-SN 17-3053, Document 1-2, As 09/27/2017, of: 09/27/2017 2135890, 10:47 AM Page21 EDT of2023of 22 Fund, L.P., EF Securities LLC, Ellington Credit Opportunities, Ltd., Ellington Special Opportunities LLC, HH Ellington Master Fund Ltd..(Cyrulnik, Owen) (Entered: 06/29/2017) 06/30/2017 184 MEMO ENDORSEMENT on re: 181 Letter, filed by Hamilton Gardens CDO Corp., Cooperatieve Centrale Raiffeisen−Boerenleenbank B.A., Hamilton Gardens CDO LTD. ENDORSEMENT: Granted. (Signed by Judge J. Paul Oetken on 6/30/2017) (tn) (Entered: 06/30/2017) 06/30/2017 185 MEMO ENDORSEMENT on re: 183 Letter, filed by Ellington Special Opportunities LLC, Ellington Credit Opportunities, Ltd., EF Securities LLC, HH Ellington Master Fund Ltd., Crescent II Fund, L.P. ENDORSEMENT: Granted in part and denied in part. The court will consider the materials submitted at Docket Number 179 despite their untimeliness. The parties opposing the fee request may file a joint sur−reply of no longer than five pages. Such reply, if any, shall be due by July 14, 2017. (Surreplies due by 7/14/2017.) (Signed by Judge J. Paul Oetken on 6/30/2017) (tn) (Entered: 06/30/2017) 07/07/2017 186 LETTER addressed to Judge J. Paul Oetken from Michael A. Hanin dated July 7, 2017 re: Informing the Court that OWS Credit Opportunity I, LLC takes no position on the dispute sub judice regarding the Co−Issuers' and Managers' request for reimbursement of fees. Document filed by OWS Credit Opportunity I, LLC.(Hanin, Michael) (Entered: 07/07/2017) 07/14/2017 187 LETTER addressed to Judge J. Paul Oetken from Owen L. Cyrulnik dated July 14, 2017 re: Extension of time to file sur−reply letter brief. Document filed by Crescent II Fund, L.P., EF Securities LLC, Ellington Credit Opportunities, Ltd., Ellington Special Opportunities LLC, HH Ellington Master Fund Ltd..(Cyrulnik, Owen) (Entered: 07/14/2017) 07/17/2017 188 MEMO ENDORSEMENT: on re: 187 Letter filed by Ellington Special Opportunities LLC, Ellington Credit Opportunities, Ltd., EF Securities LLC, HH Ellington Master Fund Ltd., Crescent II Fund, L.P. ENDORSEMENT: Granted. SO ORDERED., (Surreplies due by 7/21/2017.) (Signed by Judge J. Paul Oetken on 7/17/2017) (ama) (Entered: 07/17/2017) 07/21/2017 189 LETTER addressed to Judge J. Paul Oetken from Owen L. Cyrulnik dated July 21, 2017 re: Settlement of Fee Dispute. Document filed by Crescent II Fund, L.P., EF Securities LLC, Ellington Credit Opportunities, Ltd., Ellington Special Opportunities LLC, HH Ellington Master Fund Ltd..(Cyrulnik, Owen) (Entered: 07/21/2017) 07/28/2017 190 LETTER addressed to Judge J. Paul Oetken from Marcy Ressler Harris dated July 28, 2017 re: Withdrawing the Fees Motion ECF 177 and attaching Settlement Agreement. Document filed by Hamilton Gardens CDO Corp., Hamilton Gardens CDO LTD. (Attachments: # 1 Exhibit Settlement Agreement)(Harris, Marcy) (Entered: 07/28/2017) 08/10/2017 191 ORDER: Upon review of the letter received on July 28, 2017 and the attached settlement (Dkt. No. 190), the Court approves the settlement of the parties fee dispute. The Court accordingly orders the Trustee to pay Coperatieve Rabobank U.A. the sum of $135,000.00 and to pay Hamilton Gardens CDO Ltd. and Hamilton Gardens CDO Corp. collectively the sum of $100,000.00 from the funds specified in the above settlement. With respect to the settlement of the underlying dispute (see Dkt. No. 172), counsel for the parties are directed to submit a final proposed order to the Court by August 23, 2017, for the Court's approval. SO ORDERED. (Signed by Judge J. Paul Oetken on 8/09/2017) (ama) (Entered: 08/10/2017) 08/23/2017 192 LETTER addressed to Judge J. Paul Oetken from Owen L. Cyrulnik dated 8/23/2017 re: Stipulation and Proposed Order. Document filed by Crescent II Fund, L.P., EF Securities LLC, Ellington Credit Opportunities, Ltd., Ellington Special Opportunities LLC. (Attachments: # 1 Text of Proposed Order)(Cyrulnik, Owen) (Entered: 08/23/2017) 08/23/2017 193 LETTER addressed to Judge J. Paul Oetken from Michael A. Hanin dated August 23, 2017 re: OWS Credit's objection to the proposed order regarding the disposition of liquidation proceeds filed this afternoon by the CDO's Trustee. Document filed by OWS Credit Opportunity I, LLC.(Hanin, Michael) (Entered: 08/23/2017) Case: Case 1:15-cv-04602-JPO-SN 17-3053, Document 1-2, As 09/27/2017, of: 09/27/2017 2135890, 10:47 AM Page22 EDT of2123of 22 08/24/2017 194 LETTER addressed to Judge J. Paul Oetken from Owen L. Cyrulnik dated August 24, 2017 re: Response to letter submitted by OWS Credit. Document filed by Crescent II Fund, L.P., EF Securities LLC, Ellington Credit Opportunities, Ltd., Ellington Special Opportunities LLC, HH Ellington Master Fund Ltd..(Cyrulnik, Owen) (Entered: 08/24/2017) 08/24/2017 195 LETTER addressed to Judge J. Paul Oetken from Joseph N. Froehlich dated August 24, 2017 re: Response to letter submitted by OWS Credit. Document filed by Bank of New York Mellon Trust Company, N.A..(Froehlich, Joseph) (Entered: 08/24/2017) 08/29/2017 196 MEMO ENDORSEMENT: on re: 193 Letter, filed by OWS Credit Opportunity I, LLC. ENDORSEMENT: For the reasons stated in this Court's order dated December 22, 2016 (Dkt. No. 169), the objections by OWS Credit Opportunity I, LLC, are overruled for lack of standing, and the Court approves the proposed settlement at Docket Number 192. (Signed by Judge J. Paul Oetken on 8/29/2017) (ap) (Entered: 08/29/2017) 08/29/2017 197 STIPULATION AND ORDER REGARDING DISPOSITION OF LIQUIDATION PROCEEDS: NOW THEREFORE, THE PARTIES STIPULATE AND AGREE AND IT IS HEREBY ORDERED that: Within 15 business days from the entry of this order, the Trustee shall distribute the Liquidation Proceeds, pursuant to Section 11.1(c) of the Indenture, as follows. This order shall constitute the definitive interpretation of the Indenture: a. Pursuant to clause FIRST (a) of Section 11.1(a), payment of taxes and filing fees and registration fees of (i) seven−thousand three−hundred one euros and eighty−nine cents (7,301.89) owing by the Co−Issuers to the Irish Listing Agent which converts (as of August 17, 2017) to eight thousand seven hundred and sixty−five $8,765.00 US Dollars, but subject to change, and (ii) one thousand five hundred dollars ($1,500.00) owing for annual tax return fees. Pursuant to clause FIRST (b)(i) of Section 11.1(a), in an amount of one hundred ninety thousand three hundred seventy−three dollars and ninety−two cents ($190,373.92), which constitutes 0.02% of the Net Outstanding Long Asset Balance determined as of the immediately preceding Determination Date plus $187,500, (i) one hundred eighty−six thousand eight hundred twenty−two dollars and fifty−seven cents ($186,822.57) of which is to The Bank of New York Mellon Trust Company N.A. as Trustee, and (ii) three thousand five hundred fifty−one dollars and thirty−five cents ($3,551.35) of which is to the Administrator. All other Administrative Expenses which are covered by clause FIRST (b)(ii) through (iv) of Section 11.1(a) shall not be paid because the cap on Administrative Expenses to be paid pursuant to clause FIRST (b) is exhausted by the payment described in clauses (i) and (ii) above. The Bank of New York Mellon Trust Company, N.A. takes no position on the distribution of Administrative Expenses pursuant to this section. c. No deposit to the Expense Reimbursement Account pursuant to clause FIRST (c) is necessary. d. No payment to the Senior Loan Facility Provider pursuant to clause SECOND of Section 11.1(a) is necessary. e. Pursuant to clause THIRD of Section 11.1(a), to the Investment Manager an amount of three thousand six hundred twenty−two dollars and forty−five cents ($3,622.45). f. No payment to the Class A−1 Note Agent for the payment to the Class A−1 Noteholders pursuant to clause FIFTH of Section 11.1(a) is necessary. g. No payment pursuant to clause SIXTH of Section 11.1(a) is necessary. h. Pursuant to clause SECOND of Section 11.1(c), the remainder of the Liquidation Proceeds shall be paid to the Holders of the Class A−1 Notes, which are the Ellington Funds and Goldman Sachs & Co, which shall be allocated as one million four hundred ninety−one thousand four hundred forty−nine dollars and sixty−five cents ($1,491,449.65) as accrued and unpaid interest, and the remainder as the payment of the Aggregate Outstanding Amount of the Class A−1 Notes. These payments shall be made through DTC. i. No other payments shall be made because the Liquidation Proceeds will be exhausted by the payments to the Holders of the Class A−1 Notes. 2. Within 15 business days of the entry of this order, the Trustee shall pay from the Escrowed Funds: a. Three hundred ninety−one thousand four hundred sixty−seven dollars and eight cents ($391,467.08) to itself in full and final satisfaction for past legal fees and expenses it has incurred in this action through August 23, 2017 in connection with the Hamilton Gardens CDO; b. One−hundred thirty−five thousand dollars ($135,000) to Rabobank International as the Investment Manager, in full and final satisfaction for the legal fees and expenses it has incurred in this action and on behalf of the Hamilton Gardens CDO such payment to be made pursuant to wire instructions provided to the Trustee; c. One−hundred thousand dollars ($100,000) to the Co−Issuers, in full and final satisfaction for the Case: Case 1:15-cv-04602-JPO-SN 17-3053, Document 1-2, As 09/27/2017, of: 09/27/2017 2135890, 10:47 AM Page23 EDT of2223of 22 legal fees and expenses they have incurred in this action and on behalf of the Hamilton Gardens CDO such payment to be made pursuant to wire instructions provided to the Trustee and to be made solely the Issuer; d. The remainder of the Escrowed Funds, less the holdback described below in paragraph 3, to the Holders of the Class A−1 Notes, which are Ellington Funds and Goldman Sachs & Co, to the payment of the Aggregate Outstanding Amount of the Class A−1 Notes. These payments shall be made through DTC. 3. The Trustee shall hold back $500,000 from the part of the Escrowed Funds to be paid to Goldman Sachs & Co. and the Ellington Funds for payment of expenses of the Trustee and to settle other matters related to the liquidation of the Collateral. Once the expenses and settlements of other matters related to the Collateral have been paid from the holdback, any remaining funds will be distributed to the Ellington Funds and Goldman Sachs as described in paragraph 2(d) above. The Trustee shall distribute the holdback on the later of the following: (1) six (6) months from the date of this order, or (2) 60 days after there is a final non−appealable order, judgment, or mandate in this action or any appeal or appeals of this action, or (3) if an action is brought by another party within six (6) months from the date of this order or within the operative period in subsection (2) above, 60 days after there is a final non−appealable order, judgment, or mandate in any other action brought against the Trustee by any person, party or entity that relates to the Indenture or the Hamilton Gardens CDO. The above−captioned action is dismissed and discontinued with prejudice. The Clerk of Court is directed to mark this case as closed on the docket, and as further set forth in this order. (Signed by Judge J. Paul Oetken on 8/29/2017) (ap) (Entered: 08/29/2017) 09/06/2017 198 NOTICE OF CHANGE OF ADDRESS by Owen L. Cyrulnik on behalf of Crescent II Fund, L.P., EF Securities LLC, Ellington Credit Opportunities, Ltd., Ellington Special Opportunities LLC, HH Ellington Master Fund Ltd.. New Address: Grais & Ellsworth LLP, 950 Third Avenue, 24th Floor, New York, New York, United States 10022, (212) 755−0100. (Cyrulnik, Owen) (Entered: 09/06/2017) 09/26/2017 199 NOTICE OF APPEAL from 169 Order, 164 Stipulation and Order, Set Deadlines/Hearings, Terminate Motions,,,,,,,,,,,, 197 Stipulation and Order of Dismissal,,,,,,,,,,,,,,,,,,,,,,, 196 Memo Endorsement,. Document filed by OWS Credit Opportunity I, LLC. Filing fee $ 505.00, receipt number 0208−14173232. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: # 1 Exhibit A − December 7, 2016 Order instructing the Trustee to liquidate the CDL, # 2 Exhibit B − December 22, 2016 Order denying OWS Credit's motion for reconsideration of the Liquidation order, # 3 Exhibit C − August 29, 2017 Order instructing the Trustee to distribute funds held in escrow in a manner contrary to the Indenture and releasing the Trustee from liability, # 4 Exhibit D − August 29, 2017 Order denying OWS Credit's request that the Trustee be struck from the Proposed Final Order)(Hanin, Michael) (Entered: 09/26/2017) 09/27/2017 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 199 Notice of Appeal. (tp) (Entered: 09/27/2017) 09/27/2017 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 199 Notice of Appeal, filed by OWS Credit Opportunity I, LLC were transmitted to the U.S. Court of Appeals. (tp) (Entered: 09/27/2017)

DISTRICT COURT STIPULATION AND ORDER REGARDING DISPOSITION OF LIQUIDATION PROCEEDS, dated 08/29/2017, RECEIVED.[2135905] [17-3053] [Entered: 09/28/2017 04:13 PM]

Case Case1:15-cv-04602-JPO-SN 1:15-cv-04602-JPO-SN Case 17-3053, Document Document Document 5, 09/27/2017, 192-1 197 Filed 2135905, Filed08/29/17 08/23/17 Page1Page Page of 1311ofof13 13 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK THE BANK OF NEW YORK MELLON Case No. 15-cv-4602-JPO TRUST COMPANY, NATIONAL ASSOCIATION, solely as Trustee Plaintiff, v. HAMILTON GARDENS CDO LTD.; HAMILTON GARDENS CDO CORP.; CRESCENT II FUND, L.P.; ELLINGTON CREDIT OPPORTUNITIES, LTD.; EF SECURITIES LLC; ELLINGTON SPECIAL OPPORTUNITIES LLC; HH ELLINGTON MASTER FUND LTD., CITIGROUP GLOBAL MARKETS INC.; CÖOPERATIEVE CENTRALE RAIFFEISEN-STIPULATION AND ORDER BOERENLEENBANK B.A.; HARE & CO. AS REGARDING DISPOSITION NOMINEE FOR THE BANK OF NEW YORK OF LIQUIDATION PROCEEDS MELLON; GOLDMAN, SACHS & CO.; CEDE & CO. AS NOMINEE FOR THE DEPOSITORY TRUST COMPANY; SCOGGIN CAPITAL MANAGEMENT II LLC (U.S.); SCOGGIN INTERNATIONAL FUND LTD (CAYMAN); SCOGGIN WORLDWIDE FUND LTD.(CAYMAN) and JOHN DOES 1 THROUGH 100, Defendants. WHEREAS this interpleader action was filed by The Bank of New York Mellon Trust Company, National Association, as trustee (the "Trustee") to resolve conflicting instructions related to the interpretation of the Indenture dated September 21, 2006, by and among Hamilton Gardens CDO Ltd., Hamilton Gardens CDO Corp., and the Trustee (the "Indenture"); WHEREAS, while this action was pending, the Trustee placed interpleaded funds of approximately $1.88 million in an escrow account (the "Escrowed Funds"), which if a liquidation had occurred as directed by Crescent II Fund, L.P., Ellington Credit Opportunities, {G0082050.4} Case Case1:15-cv-04602-JPO-SN 1:15-cv-04602-JPO-SN Case 17-3053, Document Document Document 5, 09/27/2017, 192-1 197 Filed 2135905, Filed08/29/17 08/23/17 Page2Page Page of 1322ofof13 13 Ltd., EF Securities LLC, Ellington Special Opportunities LLC, HH Ellington Master Fund Ltd. (together the "Ellington Funds"), would have been distributed to the holders of the Class A-1 Notes; WHEREAS Hamilton Gardens CDO Ltd., Hamilton Gardens CDO Corp. (together with Hamilton Gardens CDO Ltd. the "Co-Issuers"), Coöperatieve Rabobank U.A. (the "Investment Manager"), the Ellington Funds, Goldman Sachs & Co., Citigroup Global Markets Inc., Scoggin Capital Management II LLC (U.S.), Scoggin International Fund Ltd. (Cayman), and Scoggin Worldwide Fund Ltd. (Cayman) (together the "Scoggin Funds") have agreed to the resolution of disputes regarding (1) the liquidation of the collateral held by the CDO and (2) the payment of attorneys’ fees to the Trustee, the Co-Issuers, and Rabobank; WHEREAS, on December 7, 2016 the Court entered an order directing the Trustee to "proceed with the Sale/Termination of the Collateral, as those terms are defined in the Indenture"; WHEREAS, on February 15, 2017, the Trustee Sold/Terminated the Collateral, and the Trustee holds the proceeds received from the Sale/Termination of the Collateral (the "Liquidation Proceeds"); NOW THEREFORE, THE PARTIES STIPULATE AND AGREE AND IT IS HEREBY ORDERED that: 1. Within 15 business days from the entry of this order, the Trustee shall distribute the Liquidation Proceeds, pursuant to Section 11.1(c) of the Indenture, as follows. This order shall constitute the definitive interpretation of the Indenture: a. Pursuant to clause FIRST (a) of Section 11.1(a), payment of taxes and filing fees and registration fees of (i) seven-thousand three-hundred one euros and 2 Case Case1:15-cv-04602-JPO-SN 1:15-cv-04602-JPO-SN Case 17-3053, Document Document Document 5, 09/27/2017, 192-1 197 Filed 2135905, Filed08/29/17 08/23/17 Page3Page Page of 1333ofof13 13 eighty-nine cents (€ 7,301.89) owing by the Co-Issuers to the Irish Listing Agent which converts (as of August 17, 2017) to eight thousand seven hundred and sixty-five $8,765.00 US Dollars, but subject to change, and (ii) one thousand five hundred dollars ($1,500.00) owing for annual tax return fees. b. Pursuant to clause FIRST (b)(i) of Section 11.1(a), in an amount of one hundred ninety thousand three hundred seventy-three dollars and ninety-two cents ($190,373.92), which constitutes 0.02% of the Net Outstanding Long Asset Balance determined as of the immediately preceding Determination Date plus $187,500, (i) one hundred eighty-six thousand eight hundred twenty-two dollars and fifty-seven cents ($186,822.57) of which is to The Bank of New York Mellon Trust Company N.A. as Trustee, and (ii) three thousand five hundred fifty-one dollars and thirty-five cents ($3,551.35) of which is to the Administrator. All other Administrative Expenses which are covered by clause FIRST (b)(ii) through (iv) of Section 11.1(a) shall not be paid because the cap on Administrative Expenses to be paid pursuant to clause FIRST (b) is exhausted by the payment described in clauses (i) and (ii) above. The Bank of New York Mellon Trust Company, N.A. takes no position on the distribution of Administrative Expenses pursuant to this section. c. No deposit to the Expense Reimbursement Account pursuant to clause FIRST (c) is necessary. d. No payment to the Senior Loan Facility Provider pursuant to clause SECOND of Section 11.1(a) is necessary. 3 Case Case1:15-cv-04602-JPO-SN 1:15-cv-04602-JPO-SN Case 17-3053, Document Document Document 5, 09/27/2017, 192-1 197 Filed 2135905, Filed08/29/17 08/23/17 Page4Page Page of 1344ofof13 13 e. Pursuant to clause THIRD of Section 11.1(a), to the Investment Manager an amount of three thousand six hundred twenty-two dollars and forty-five cents ($3,622.45). f. No payment to the Class A-1 Note Agent for the payment to the Class A-1 Noteholders pursuant to clause FIFTH of Section 11.1(a) is necessary. g. No payment pursuant to clause SIXTH of Section 11.1(a) is necessary. h. Pursuant to clause SECOND of Section 11.1(c), the remainder of the Liquidation Proceeds shall be paid to the Holders of the Class A-1 Notes, which are the Ellington Funds and Goldman Sachs & Co, which shall be allocated as one million four hundred ninety-one thousand four hundred forty-nine dollars and sixty-five cents ($1,491,449.65) as accrued and unpaid interest, and the remainder as the payment of the Aggregate Outstanding Amount of the Class A-1 Notes. These payments shall be made through DTC. i. No other payments shall be made because the Liquidation Proceeds will be exhausted by the payments to the Holders of the Class A-1 Notes. 2. Within 15 business days of the entry of this order, the Trustee shall pay from the Escrowed Funds: a. Three hundred ninety-one thousand four hundred sixty-seven dollars and eight cents ($391,467.08) to itself in full and final satisfaction for past legal fees and expenses it has incurred in this action through August 23, 2017 in connection with the Hamilton Gardens CDO; b. One-hundred thirty-five thousand dollars ($135,000) to Rabobank International as the Investment Manager, in full and final satisfaction for the 4 Case Case1:15-cv-04602-JPO-SN 1:15-cv-04602-JPO-SN Case 17-3053, Document Document Document 5, 09/27/2017, 192-1 197 Filed 2135905, Filed08/29/17 08/23/17 Page5Page Page of 1355ofof13 13 legal fees and expenses it has incurred in this action and on behalf of the Hamilton Gardens CDO such payment to be made pursuant to wire instructions provided to the Trustee; c. One-hundred thousand dollars ($100,000) to the Co-Issuers, in full and final satisfaction for the legal fees and expenses they have incurred in this action and on behalf of the Hamilton Gardens CDO such payment to be made pursuant to wire instructions provided to the Trustee and to be made solely to the Issuer; d. The remainder of the Escrowed Funds, less the holdback described below in paragraph 3, to the Holders of the Class A-1 Notes, which are Ellington Funds and Goldman Sachs & Co, to the payment of the Aggregate Outstanding Amount of the Class A-1 Notes. These payments shall be made through DTC. 3. The Trustee shall hold back $500,000 from the part of the Escrowed Funds to be paid to Goldman Sachs & Co. and the Ellington Funds for payment of expenses of the Trustee and to settle other matters related to the liquidation of the Collateral. Once the expenses and settlements of other matters related to the Collateral have been paid from the holdback, any remaining funds will be distributed to the Ellington Funds and Goldman Sachs as described in paragraph 2(d) above. The Trustee shall distribute the holdback on the later of the following: (1) six (6) months from the date of this order, or (2) 60 days after there is a final non-appealable order, judgment, or mandate in this action or any appeal or appeals of this action, or (3) if an action is brought by another party within six (6) months from the date of this order or within the operative period in subsection (2) above, 60 days after there is a final non-appealable order, 5 Case Case1:15-cv-04602-JPO-SN 1:15-cv-04602-JPO-SN Case 17-3053, Document Document Document 5, 09/27/2017, 192-1 197 Filed 2135905, Filed08/29/17 08/23/17 Page6Page Page of 1366ofof13 13 judgment, or mandate in any other action brought against the Trustee by any person, party or entity that relates to the Indenture or the Hamilton Gardens CDO. 4. On the first Business Day following the receipt by the Ellington Funds and Goldman Sachs & Co. of a payment pursuant to paragraph 1(h) or paragraph 2(d) of this stipulation and order, the Ellington Funds and Goldman Sachs & Co. shall pay to Citigroup Global Markets Inc. and the Scoggin Funds the confidential settlement amount agreed to by the Ellington Funds, Goldman Sachs & Co., Citigroup Global Markets Inc., and the Scoggin Funds. 5. The above-captioned action is dismissed and discontinued with prejudice. 6. Any and all of the claims by and among the Trustee and the Interpleader-defendants which are the subject of this action or otherwise arise out of any of the incidents alleged in the Interpleader Complaint are hereby settled. 7. The Trustee shall provide a copy of this order to all holders of Notes in Hamilton Gardens CDO within five business days of the date of this order. 8. All parties to this action and all other interested persons are enjoined from instituting or pursuing any proceedings in any court, federal or state, against the Trustee for the recovery of the Escrowed Funds or the Liquidation Proceeds, on account of any party or person’s purported claims or rights to the Escrowed Funds or the Liquidation Proceeds, or on account of any party or person’s purported rights arising as a consequence of this action under the Indenture. 9. The Trustee is hereby released and discharged from any and all liability by or to any party and/or person with respect to this interpleader action, the distribution of any funds under the Indenture, the distribution of any funds held in Escrow including the Escrowed Funds, the distribution of the Liquidation Proceeds, and the liquidation, sale and/or termination of the 6 Case Case1:15-cv-04602-JPO-SN 1:15-cv-04602-JPO-SN Case 17-3053, Document Document Document 5, 09/27/2017, 192-1 197 Filed 2135905, Filed08/29/17 08/23/17 Page7Page Page of 1377ofof13 13 Collateral. The release and discharge in this paragraph is conditioned upon the Trustee’s compliance with this final order. It is specifically found that the Trustee has complied with all prior orders of this Court and is entitled to a release and discharge of liability as requested in the Amended Complaint and as contemplated in this paragraph. The Clerk of Court is directed to mark this case as closed on the docket. Dated: August 29, 2017 New York, New York So ordered. 7 Case Case1:15-cv-04602-JPO-SN 1:15-cv-04602-JPO-SN Case 17-3053, Document Document Document 5, 09/27/2017, 192-1 197 Filed 2135905, Filed08/29/17 08/23/17 Page8Page Page of 1388ofof13 13 LOCKE LORD LLP SCHULTE ROTH & ZABEL LLP o e ph N. Froehlich (JF-5221) Marcy Ressler Harris (MH-4 3 51) asey B. Howard (CH-4633) 919 Third Avenue Three World Financial Center New York, New York 10022 New York, New York 10281 marcy.harris@srz.com jfroehlich@lockelord.com (212) 756-2000 choward@lockelord.com 212.415.8600 Attorneys for Hamilton Gardens CDO Ltd. and Hamilton Gardens CDO Corp. Attorneys for The Bank of New York Mellon Trust Company, National Association GRAIS & ELLSWORTH LLP SCHINDLER COHEN & HOCHMAN LLP Owen L. Cyrulnik (OC 0598) Lisa C. Cohen Leanne M. Wilson (LW 1225) 100 Wall Street, 15th Floor 1211 A venue of the Americas New York, NY 10005 New York, New York 10036 lcohen@schlaw.com ocryulnik@graisellsworth.com (212) 277-6300 lwilson@graisellsworth.com (212) 755-0100 Attorneys for Goldman, Sachs & Co. Attorneys for the Ellington Funds FENSTERSTOCK & PARTNERS LLP BROWN RUDNICK LLP Blair C. Fensterstock (BC 2020) May Orenstein Evan S. Fensterstock (EF 2084) Glen A. Kendall (GK 0285) Seven Times Square New York, New York 10036 100 Broadway, 8th Floor (212) 209-4800 New York, New York 10005 (212) 785-4100 Attorneys for the Scoggin Funds Attorneys for Citigroup Global Markets Inc. 8 Case Case1:15-cv-04602-JPO-SN 1:15-cv-04602-JPO-SN Case 17-3053, Document Document Document 5, 09/27/2017, 192-1 197 Filed 2135905, Filed08/29/17 08/23/17 Page9Page Page of 1399ofof13 13 LOCKE LORD LLP SCHULTE ROTH & ZABEL LLP Joseph N. Froehlich (JF-5221) Marcy Res er Harris (MH-4351) Casey B. Howard (CH-4633) 919 Third Avenue Three World Financial Center New York, New York 10022 New York, New York 10281 marcy.harris@srz.com j froehlich@lockelord.com (212) 756-2000 choward@lockelord.com 212.415.8600 Attorneys for Hamilton Gardens CDO Ltd. and Hamilton Gardens CDO Corp. Attorneys for The Bank of New York Mellon Trust Company, National Association GRAIS & ELLSWORTH LLP SCHINDLER COHEN & HOCHMAN LLP Owen L. Cyrulnik (OC 0598) Lisa C. Cohen Leanne M. Wilson (LW 1225) 100 Wall Street, 15th Floor 1211 A venue of the Americas New York, NY 10005 New York, New York 10036 lcohen@schlaw.com ocryulnik@graisellsworth.com (212) 277-6300 lwilson@graisellsworth.com (212) 755-0100 Attorneys for Goldman, Sachs & Co. Attorneys for the Ellington Funds FENSTERSTOCK & PARTNERS LLP BROWN RUDNICK LLP Blair C. Fensterstock (BC 2020) May Orenstein Evan S. Fensterstock (EF 2084) Glen A. Kendall (GK 0285) Seven Times Square New York, New York 10036 100 Broadway, 8th Floor (212) 209-4800 New York, New York 10005 (212) 785-4100 Attorneys for the Scoggin Funds Attorneys for Citigroup Global Markets Inc. 8 Case Case1:15-cv-04602-JPO-SN 1:15-cv-04602-JPO-SN Case 17-3053, Document Document Document 5, 09/27/2017, 192-1 197 Filed 2135905, Filed08/29/17 08/23/17 Page10Page Page of 13 10 10ofof13 13 LOCKE LORD LLP SCHUL TE ROTH & ZABEL LLP Joseph N. Froehlich (JF-5221) Marcy Ressler Harris (MH-4351) Casey B. Howard (CH-4633) 919 Third A venue Three World Financial Center New York, New York 10022 New York, New York 10281 marcy.harris@srz.com j froehlich@lockelord.com (212) 756-2000 choward@lockelord.com 212.415.8600 Attorneys for Hamilton Gardens CDO Ltd. and Hamilton Gardens CDO Corp. Attorneys for The Bank of New York Mellon Trust Company, National Association GRAIS & ELLSWORTH LLP SCHINDLER COHEN & HOCHMAN LLP Owen L. Cyrulnik (OC 0598) Lisa C. Cohen Leanne M. Wilson (LW 1225) 100 Wall Street, 15th Floor 1211 Avenue of the Americas New York, NY 10005 New York, New York 10036 lcohen@schlaw.com ocryulnik@graisellsworth.com (212) 277-6300 lwilson@graisellsworth.com (212) 755-0100 Attorneys for Goldman, Sachs & Co. Attorneys for the Ellington Funds FENSTERSTOCK & PARTNERS LLP BROWN RUDNICK LLP Blair C. Fensterstock (BC 2020) May Orenstein Evan S. Fensterstock (EF 2084) Glen A. Kendall (GK 0285) Seven Times Square New York, New York 10036 100 Broadway, 8th Floor (212) 209-4800 New York, New York 10005 (212) 785-4100 Attorneys for the Scoggin Funds Attorneys for Citigroup Global Markets Inc. 8 Case Case1:15-cv-04602-JPO-SN 1:15-cv-04602-JPO-SN Case 17-3053, Document Document Document 5, 09/27/2017, 192-1 197 Filed 2135905, Filed08/29/17 08/23/17 Page11Page Page of 13 11 11ofof13 13 LOCKE LORD LLP SCHUL TE ROTH & ZABEL LLP Joseph N. Froehlich (JF-5221) Marcy Ressler Harris (MH-4351) Casey B. Howard (CH-4633) 919 Third Avenue Three World Financial Center New York, New York 10022 New York, New York 10281 marcy.harris@srz.com j froehlich@lockelord.com (212) 756-2000 choward@lockelord.com 212.415.8600 Attorneys for Hamilton Gardens CDO Ltd. and Hamilton Gardens CDO Corp. Attorneys for The Bank of New York Mellon Trust Company, National Association GRAIS & ELLSWORTH LLP SCH=[J,~HOCHMAN LLP Owen L. Cyrulnik (OC 0598) Lisa C. Cohen Leanne M. Wilson (LW 1225) 100 Wall Street, 15th Floor 1211 Avenue of the Americas New York, NY 10005 New York, New York 10036 lcohen@schlaw.com ocryulnik@graisellsworth.com (212) 277-6300 1wilson@graisellsworth.com (212) 755-0100 Attorneys for Goldman, Sachs & Co. Attorneys for the Ellington Funds FENSTERSTOCK & PARTNERS LLP BROWN RUDNICK LLP Blair C. Fensterstock (BC 2020) May Orenstein Evan S. Fensterstock (EF 2084) Glen A. Kendall (GK 0285) Seven Times Square New York, New York 10036 I 00 Broadway, 8th Floor (212) 209-4800 New York, New York 10005 (212) 785-4100 Attorneys for the Scoggin Funds Attorneys for Citigroup Global Markets Inc. 8 Case Case1:15-cv-04602-JPO-SN 1:15-cv-04602-JPO-SN Case 17-3053, Document Document Document 5, 09/27/2017, 192-1 197 Filed 2135905, Filed08/29/17 08/23/17 Page12Page Page of 13 12 12ofof13 13 LOCKE LORD LLP SCHULTE ROTH & ZABEL LLP Joseph N. Froehlich (JF-5221) Marcy Ressler Harris (MH-4 3 51) Casey B. Howard (CH-4633) 919 Third A venue Three World Financial Center New York, New York 10022 New York, New York 10281 marcy.ha1Tis@srz.com jfroehlich@lockelord.com (212) 756-2000 choward@lockelord.com 212.415.8600 Attorneys for Hamilton Gardens CDO Ltd. and Hamilton Gardens CDO Corp. Attorneys for The Bank of New York Mellon Trust Company, National Association GRAIS & ELLSWORTH LLP SCHINDLER COHEN & HOCHMAN LLP Owen L. Cyrulnik (OC 0598) Lisa C. Cohen Leanne M. Wilson (L W 1225) 100 Wall Street, 15th Floor 1211 A venue of the Americas New York, NY 10005 New York, New York 10036 lcohen@schlaw.com ocryulnik@graisellsworth.~om (212) 277-6300 lwilson@graisellsworth.com (212) 755-0100 Attorneys for Goldman, Sachs & Co. Attorneys for the Ellington Funds FENSTERSTOCK & PARTNERS LLP BROWN RUDNICK LLP Blair C. Fensterstock (BC 2020) Evan S. Fensterstock (EF 2084) Glen A. Kendall (GK 0285) Seven Times Square New York, New York 10036 100 Broadway, 8th Floor (212) 209-4800 New York, New York 10005 (212) 785-4100 Attorneys for the Scoggin Funds Attorneys.for Citigroup Global Markets Inc. 8 Case Case1:15-cv-04602-JPO-SN 1:15-cv-04602-JPO-SN Case 17-3053, Document Document Document 5, 09/27/2017, 192-1 197 Filed 2135905, Filed08/29/17 08/23/17 Page13Page Page of 13 13 13ofof13 13 ~~TWEED, HADLEY & LLP q S. Rangwala 2 Liberty Street New York, New York 10005-1413 (212) 530-5000 (212) 822-5219 (facsimile) TRangwala@milbank.com RLindholm@milbank.com Attorneys for Coiiperatieve Rabobank UA. (formerly known as CoiJperatieve Centrale Raiffeisen-Boerenleenbank B.A.) 9

ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellant OWS Credit Opportunity I, LLC, FILED. Service date 10/10/2017 by CM/ECF.[2143618] [17-3053] [Entered: 10/10/2017 03:01 PM]

Case 17-3053, Document 14, 10/10/2017, 2143618, Page1 of 1 ACKNOWLEDGMENT AND NOTICE OF APPEARANCE Short Title: Bank of New York Mellon Trust v. Hamilton Gardens CDO LTD Docket No.: 17-3053 Lead Counsel of Record (name/firm) or Pro se Party (name): Michael A. Hanin, Kasowitz Benson Torres LLP Appearance for (party/designation): OWS Credit Opportunity I, LLC DOCKET SHEET ACKNOWLEDGMENT/AMENDMENTS Caption as indicated is: 0 Correct 0 Incorrect. See attached caption page with corrections. Appellate Designation is: 0 Correct 0) Incorrect. The following parties do not wish to participate in this appeal: Parties: 0 Incorrect. Please change the following parties' designations: Party Correct Designation Contact Information for Lead Counsel/Pro Se Party is: 0 Correct Ca Incorrect or Incomplete. As an e-filer, I have updated my contact information in the PACER "Manage My Account" screen. Name: Firm: Address: Telephone: Fax: Email: RELATED CASES 0 This case has not been before this Court previously. (0) This case has been before this Court previously. The short title, docket number, and citation are: Bank of New York Mellon Trust v. Hamilton Gardens CDO LTD, 17-57 0 Matters related to this appeal or involving the same issue have been or presently are before this Court. The short titles, docket numbers, and citations are: CERTIFICATION I certify that 0 I am admitted to practice in this Court and, if required by LR 46.1(a)(2), have renewed my admission on OR that 0) I applied for admission on or renewal on. If the Court has not yet admitted me or approved my renewal, I have completed Addendum A. Signature of Lead Counsel of Record: Is/Michael A. Hanin Type or Print Name: OR Signature of pro se litigant: Type or Print Name: 0 I am a pro se litigant who is not an attorney. 0 I am an incarcerated pro se litigant.

ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellee Crescent II Fund, L.P., EF Securities LLC, Ellington Credit Opportunities, Ltd., Ellington Special Opportunities LLC and HH Ellington Master Fund Ltd., FILED. Service date 10/11/2017 by CM/ECF.[2145397] [17-3053] [Entered: 10/11/2017 06:11 PM]

Case 17-3053, Document 18, 10/11/2017, 2145397, Page1 of 1 ACKNOWLEDGMENT AND NOTICE OF APPEARANCE Short Title: Bank of New York Mellon Trust v. Hamilton Gardens CDO LTD Docket No.: 17-3053 Lead Counsel of Record (name/firm) or Pro se Party (name): Owen L. Cyrulnik, Grais & Ellsworth LLP Appearance for (party/designation): Crescent II Fund, L.P.; Ellington Credit Opportunities, LTD.; EF Securities LLC; Ellington Special Opportunities LLC; HH Ellington Master Fund LTD.; Appellees/Interpleader-Defendants DOCKET SHEET ACKNOWLEDGMENT/AMENDMENTS Caption as indicated is: (✔) Correct () Incorrect. See attached caption page with corrections. Appellate Designation is: (✔) Correct () Incorrect. The following parties do not wish to participate in this appeal: Parties: () Incorrect. Please change the following parties= designations: Party Correct Designation Contact Information for Lead Counsel/Pro Se Party is: (✔) Correct () Incorrect or Incomplete. As an e-filer, I have updated my contact information in the PACER AManage My Account@screen. Name: Owen L. Cyrulnik Firm: Grais & Ellsworth LLP Address: 950 Third Avenue, 24th Floor, New York, NY 10022 Telephone: (212) 755-0100 Fax: (212) 755-0052 Email: ocyrulnik@graisellsworth.com RELATED CASES () This case has not been before this Court previously. (✔) This case has been before this Court previously. The short title, docket number, and citation are: Bank of New York Mellon Trust v. Hamilton Gardens CDO LTD, 17-57 () Matters related to this appeal or involving the same issue have been or presently are before this Court. The short titles, docket numbers, and citations are: CERTIFICATION I certify that (✔) I am admitted to practice in this Court and, if required by LR 46.1(a)(2), have renewed my admission on OR that () I applied for admission on or renewal on. If the Court has not yet admitted me or approved my renewal, I have completed Addendum A. Signature of Lead Counsel of Record:/s/Owen L. Cyrulnik Type or Print Name: Owen L. Cyrulnik OR Signature of pro se litigant: Type or Print Name: () I am a pro se litigant who is not an attorney. () I am an incarcerated pro se litigant.

ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellee Bank of New York Mellon Trust Company, N.A., FILED. Service date 10/12/2017 by CM/ECF.[2145624] [17-3053] [Entered: 10/12/2017 10:06 AM]

Case 17-3053, Document 20, 10/12/2017, 2145624, Page1 of 1 ACKNOWLEDGMENT AND NOTICE OF APPEARANCE Short Title: Bank of New York Mellon Trust v. Hamilton Gardens CDO LTD Docket No.: 17-3053 Lead Counsel of Record (name/firm) or Pro se Party (name): Joseph N. Froehlich, Locke Lord LLP Appearance for (party/designation): THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A, solely as Trustee DOCKET SHEET ACKNOWLEDGMENT/AMENDMENTS Caption as indicated is: (✔) Correct () Incorrect. See attached caption page with corrections. Appellate Designation is: (✔) Correct () Incorrect. The following parties do not wish to participate in this appeal: Parties: () Incorrect. Please change the following parties= designations: Party Correct Designation Contact Information for Lead Counsel/Pro Se Party is: (✔) Correct () Incorrect or Incomplete. As an e-filer, I have updated my contact information in the PACER AManage My Account@screen. Name: Joseph N. Froehlich Firm: Locke Lord LLP Address: 200 Vesey Street, New York, New York 10281 Telephone: 212-415-8600 Fax: 212-812-8398 Email: jfroehlich@lockelord.com RELATED CASES () This case has not been before this Court previously. (✔) This case has been before this Court previously. The short title, docket number, and citation are: Bank of New York Mellon Trust v. Hamilton Gardens CDO LTD, 17-57 () Matters related to this appeal or involving the same issue have been or presently are before this Court. The short titles, docket numbers, and citations are: CERTIFICATION I certify that (✔) I am admitted to practice in this Court and, if required by LR 46.1(a)(2), have renewed my admission on 02/05/2015 OR that () I applied for admission on or renewal on. If the Court has not yet admitted me or approved my renewal, I have completed Addendum A. Signature of Lead Counsel of Record: s/Joseph N. Froehlich Type or Print Name: Joseph N. Froehlich OR Signature of pro se litigant: Type or Print Name: () I am a pro se litigant who is not an attorney. () I am an incarcerated pro se litigant.

ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellee Goldman, Sachs & Co., FILED. Service date 10/12/2017 by CM/ECF.[2145892] [17-3053] [Entered: 10/12/2017 12:48 PM]

Case 17-3053, Document 21, 10/12/2017, 2145892, Page1 of 1 ACKNOWLEDGMENT AND NOTICE OF APPEARANCE Short Title: Bank of New York Mellon Trust v. Hamilton Gardens CDO LTD Docket No.: 17-03053 Lead Counsel of Record (name/firm) or Pro se Party (name): Lisa C. Cohen, Schindler Cohen & Hochman, LLP Appearance for (party/designation): Godman Sachs & Co. LLC DOCKET SSHEET AC DOC ACKNOWLEDGMENT/AMENDMENTS OW DG/A D S Caption as indicated is: (✔) Correct () Incorrect. See attached caption page with corrections. Appellate Designation is: (✔) Correct () Incorrect. The following parties do not wish to participate in this appeal: Parties: () Incorrect. Please change the following parties= designations: Party Correct Designation Contact Information for Lead Counsel/Pro Se Party is: (✔) Correct () Incorrect or Incomplete. As an e-filer, I have updated my contact information in the PACER AManage My Account@screen. Name: Lisa C. Cohen Firm: Schindler Cohen & Hochman, LLP Address: 100 Wall Street, 15th Floor, New York, NY 10005 Telephone: (212) 277-6320 Fax: (212) 277-6333 Email: lcohen@schlaw.com RELATED CASES () This case has not been before this Court previously. (✔) This case has been before this Court previously. The short title, docket number, and citation are: Bank of New York Mellon Trust v. Hamilton Gardens CDO LTD, 17-57 () Matters related to this appeal or involving the same issue have been or presently are before this Court. The short titles, docket numbers, and citations are: CERTIFICATION I certify that (✔) I am admitted to practice in this Court and, if required by LR 46.1(a)(2), have renewed my admission on OR that () I applied for admission on or renewal on. If the Court has not yet admitted me or approved my renewal, I have completed Addendum A. Signature of Lead Counsel of Record:/s/Lisa C. Cohen Type or Print Name: Lisa C. Cohen OR Signature of pro se litigant: Type or Print Name: () I am a pro se litigant who is not an attorney. () I am an incarcerated pro se litigant.

DEFECTIVE DOCUMENT, Acknowledgment and Notice of Appearance, [21], on behalf of Appellee Goldman, Sachs & Co., FILED.[2145897] [17-3053] [Entered: 10/12/2017 12:52 PM]

Case 17-3053, Document 22, 10/12/2017, 2145897, Page1 of 2 United States Court of Appeals for the Second Circuit Thurgood Marshall U.S. Courthouse 40 Foley Square New York, NY 10007 ROBERT A. KATZMANN CATHERINE O'HAGAN WOLFE CHIEF JUDGE CLERK OF COURT Date: October 12, 2017 DC Docket #: 15-cv-4602 Docket #: 17-3053cv DC Court: SDNY (NEW YORK CITY) Short Title: Bank of New York Mellon Trust v. Hamilton Gardens DC Judge: Oetken CDO LTD DC Judge: Netburn NOTICE OF DEFECTIVE FILING On October 12, 2017 the ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellee Goldman, Sachs & Co., was submitted in the above referenced case. The document does not comply with the FRAP or the Court's Local Rules for the following reason(s): ______ Failure to submit acknowledgment and notice of appearance (Local Rule 12.3) ______ Failure to file the Record on Appeal (FRAP 10, FRAP 11) ______ Missing motion information statement (T-1080-Local Rule 27.1) ______ Missing supporting papers for motion (e.g, affidavit/affirmation/declaration) (FRAP 27) ______ Insufficient number of copies (Local Rules: 21.1, 27.1, 30.1, 31.1) ______ Improper proof of service (FRAP 25) ______ Missing proof of service ______ Served to an incorrect address ______ Incomplete service (Anders v. California 386 U.S. 738 (1967)) ______ Failure to submit document in digital format (Local Rule 25.1) ______ Not Text-Searchable (Local Rule 25.1, Local Rules 25.2), click here for instructions on how to make PDFs text searchable ______ Failure to file appendix on CD-ROM (Local Rule 25.1, Local Rules 25.2) ______ Failure to file special appendix (Local Rule 32.1) ______ Defective cover (FRAP 32) ______ Incorrect caption (FRAP 32) ______ Wrong color cover (FRAP 32) ______ Docket number font too small (Local Rule 32.1) ______ Incorrect pagination, click here for instructions on how to paginate PDFs (Local Rule 32.1) ______ Incorrect font (FRAP 32) ______ Oversized filing (FRAP 27 (motion), FRAP 32 (brief)) ______ Missing Amicus Curiae filing or motion (Local Rule 29.1) ______ Untimely filing __XX____ Incorrect Filing Event – See below; must use the "Notice of Appearance for Additional or Substitute Counsel filed" filing event. __XX____ Other: Lisa Cohen must file a "Notice of Appearance for Additional or Substitute Counsel" form to be added to the case (another attorney cannot e-file a form in her name). Case 17-3053, Document 22, 10/12/2017, 2145897, Page2 of 2 Please cure the defect(s) and resubmit the document, with the required copies if necessary, no later than October 16, 2017. The resubmitted documents, if compliant with FRAP and the Local Rules, will be deemed timely filed. Failure to cure the defect(s) by the date set forth above will result in the document being stricken. An appellant's failure to cure a defective filing may result in the dismissal of the appeal. Inquiries regarding this case may be directed to 212-857-8623.

ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellee Scoggin Capital Management II LLC (U.S.), Scoggin International Fund Ltd. (Cayman) and Scoggin WorldWide Fund Ltd. (Cayman), FILED. Service date 10/12/2017 by CM/ECF.[2145912] [17-3053] [Entered: 10/12/2017 01:26 PM]

Case 17-3053, Document 23, 10/12/2017, 2145912, Page1 of 1 ACKNOWLEDGMENT AND NOTICE OF APPEARANCE Short Title: Bank of New York Mellon Trust v. Hamilton Gardens CDO LTD Docket No.: 17-3053 Lead Counsel of Record (name/firm) or Pro se Party (name): May Orenstein/Brown Rudnick LLP Appearance for (party/designation): Scoggin Capital Management II LLC (U.S.), Scoggin International Fund Ltd. (Cayman), Scoggin WorldWide Fund Ltd. (Cayman)/Defendants-Appellees DOCKET SSHEET AC DOC ACKNOWLEDGMENT/AMENDMENTS OW DG/A D S Caption as indicated is: (✔) Correct () Incorrect. See attached caption page with corrections. Appellate Designation is: (✔) Correct () Incorrect. The following parties do not wish to participate in this appeal: Parties: () Incorrect. Please change the following parties= designations: Party Correct Designation Contact Information for Lead Counsel/Pro Se Party is: (✔) Correct () Incorrect or Incomplete. As an e-filer, I have updated my contact information in the PACER AManage My Account@screen. Name: May Orenstein Firm: Brown Rudnick LLP Address: 7 Times Square, New York, NY 10036 Telephone: (212) 209-4913 Fax: (212) 209-4801 Email: morenstein@brownrudnick.com RELATED CASES () This case has not been before this Court previously. (✔) This case has been before this Court previously. The short title, docket number, and citation are: Bank of New York Mellon Trust v. Hamilton Gardens CDO LTD, 17-57 () Matters related to this appeal or involving the same issue have been or presently are before this Court. The short titles, docket numbers, and citations are: CERTIFICATION I certify that (✔) I am admitted to practice in this Court and, if required by LR 46.1(a)(2), have renewed my admission on OR that () I applied for admission on or renewal on. If the Court has not yet admitted me or approved my renewal, I have completed Addendum A. Signature of Lead Counsel of Record:/s/May Orenstein Type or Print Name: May Orenstein OR Signature of pro se litigant: Type or Print Name: () I am a pro se litigant who is not an attorney. () I am an incarcerated pro se litigant.

NOTICE OF APPEARANCE AS ADDITIONAL COUNSEL, on behalf of Appellee Goldman, Sachs & Co., FILED. Service date 10/12/2017 by CM/ECF. [2145973] [17-3053] [Entered: 10/12/2017 02:13 PM]

Case 17-3053, Document 24, 10/12/2017, 2145973, Page1 of 1 ACKNOWLEDGMENT AND NOTICE OF APPEARANCE Short Title: Bank of New York Mellon Trust v. Hamilton Gardens CDO LTD Docket No.: 17-03053 Lead Counsel of Record (name/firm) or Pro se Party (name): Lisa C. Cohen, Schindler Cohen & Hochman, LLP Appearance for (party/designation): Goldman Sachs & Co. LLC DOCKET SSHEET AC DOC ACKNOWLEDGMENT/AMENDMENTS OW DG/A D S Caption as indicated is: (✔) Correct () Incorrect. See attached caption page with corrections. Appellate Designation is: (✔) Correct () Incorrect. The following parties do not wish to participate in this appeal: Parties: () Incorrect. Please change the following parties= designations: Party Correct Designation Contact Information for Lead Counsel/Pro Se Party is: (✔) Correct () Incorrect or Incomplete. As an e-filer, I have updated my contact information in the PACER AManage My Account@screen. Name: Lisa C. Cohen Firm: Schindler Cohen & Hochman, LLP Address: 100 Wall Street, 15th Floor, New York, NY 10005 Telephone: (212) 277-6320 Fax: (212) 277-6333 Email: lcohen@schlaw.com RELATED CASES () This case has not been before this Court previously. (✔) This case has been before this Court previously. The short title, docket number, and citation are: Bank of New York Mellon Trust v. Hamilton Gardens CDO LTD, 17-57 () Matters related to this appeal or involving the same issue have been or presently are before this Court. The short titles, docket numbers, and citations are: CERTIFICATION I certify that (✔) I am admitted to practice in this Court and, if required by LR 46.1(a)(2), have renewed my admission on OR that () I applied for admission on or renewal on. If the Court has not yet admitted me or approved my renewal, I have completed Addendum A. Signature of Lead Counsel of Record:/s/Lisa C. Cohen Type or Print Name: Lisa C. Cohen OR Signature of pro se litigant: Type or Print Name: () I am a pro se litigant who is not an attorney. () I am an incarcerated pro se litigant.

DEFECTIVE DOCUMENT, Notice of Appearance as Additional Counsel, [24], on behalf of Appellee Goldman, Sachs & Co., FILED.[2146033] [17-3053] [Entered: 10/12/2017 02:43 PM]

Case 17-3053, Document 25, 10/12/2017, 2146033, Page1 of 2 United States Court of Appeals for the Second Circuit Thurgood Marshall U.S. Courthouse 40 Foley Square New York, NY 10007 ROBERT A. KATZMANN CATHERINE O'HAGAN WOLFE CHIEF JUDGE CLERK OF COURT Date: October 12, 2017 DC Docket #: 15-cv-4602 Docket #: 17-3053cv DC Court: SDNY (NEW YORK CITY) Short Title: Bank of New York Mellon Trust v. Hamilton Gardens DC Judge: Oetken CDO LTD DC Judge: Netburn NOTICE OF DEFECTIVE FILING On October 12, 2017 the NOTICE OF APPEARANCE AS ADDITIONAL COUNSEL, on behalf of Appellee Goldman, Sachs & Co., was submitted in the above referenced case. The document does not comply with the FRAP or the Court's Local Rules for the following reason(s): ______ Failure to submit acknowledgment and notice of appearance (Local Rule 12.3) ______ Failure to file the Record on Appeal (FRAP 10, FRAP 11) ______ Missing motion information statement (T-1080-Local Rule 27.1) ______ Missing supporting papers for motion (e.g, affidavit/affirmation/declaration) (FRAP 27) ______ Insufficient number of copies (Local Rules: 21.1, 27.1, 30.1, 31.1) ______ Improper proof of service (FRAP 25) ______ Missing proof of service ______ Served to an incorrect address ______ Incomplete service (Anders v. California 386 U.S. 738 (1967)) ______ Failure to submit document in digital format (Local Rule 25.1) ______ Not Text-Searchable (Local Rule 25.1, Local Rules 25.2), click here for instructions on how to make PDFs text searchable ______ Failure to file appendix on CD-ROM (Local Rule 25.1, Local Rules 25.2) ______ Failure to file special appendix (Local Rule 32.1) ______ Defective cover (FRAP 32) ______ Incorrect caption (FRAP 32) ______ Wrong color cover (FRAP 32) ______ Docket number font too small (Local Rule 32.1) ______ Incorrect pagination, click here for instructions on how to paginate PDFs (Local Rule 32.1) ______ Incorrect font (FRAP 32) ______ Oversized filing (FRAP 27 (motion), FRAP 32 (brief)) ______ Missing Amicus Curiae filing or motion (Local Rule 29.1) ______ Untimely filing ______ Incorrect Filing Event __XX____ Other: Incorrect form. You must use the "Notice of Appearance for Additional, Substitute or Amicus Counsel" form that is available on the Court’s website (do not use the "Acknowledgment and Notice of Appearance" form when attempting to be added to the case). Case 17-3053, Document 25, 10/12/2017, 2146033, Page2 of 2 Please cure the defect(s) and resubmit the document, with the required copies if necessary, no later than October 16, 2017. The resubmitted documents, if compliant with FRAP and the Local Rules, will be deemed timely filed. Failure to cure the defect(s) by the date set forth above will result in the document being stricken. An appellant's failure to cure a defective filing may result in the dismissal of the appeal. Inquiries regarding this case may be directed to 212-857-8623.

NOTICE OF APPEARANCE AS ADDITIONAL COUNSEL, on behalf of Appellee Citigroup Global Markets, Inc., FILED. Service date 10/12/2017 by CM/ECF. [2146087] [17-3053] [Entered: 10/12/2017 03:11 PM]

Case 17-3053, Document 27, 10/12/2017, 2146087, Page1 of 1 NOTICE OF APPEARANCE FOR SUBSTITUTE, ADDITIONAL, OR AMICUS COUNSEL _____CDO LTD Docket No.: 17-3053 ________ Short Title: Bank of New York Mellon Trust v. Hamilton Gardens Substitute, Additional, or Amicus Counsel’s Contact Information is as follows: Name: Evan S. Fensterstock Firm: Fensterstock & Partners LLP Address: 100 Broadway, 8th Floor, New York, New York 10005 Telephone: (212) 785-4100 ___________________________ Fax: (212) 785-4040 E-mail: efensterstock@fensterstock.com Appearance for: Citigroup Global Markets, Inc. (party/designation) Select One: G Substitute counsel (replacing lead counsel:) (name/firm) G Substitute counsel (replacing other counsel: _______) (name/firm) G Additional counsel (co-counsel with: Blair C. Fensterstock/Fensterstock & Partners LLP ✔) (name/firm) G Amicus (in support of:) (party/designation) CERTIFICATION I certify that: ✔ G I am admitted to practice in this Court and, if required by Interim Local Rule 46.1(a)(2), have renewed my admission on OR G I applied for admission on. Signature of Counsel:/s/Evan S. Fensterstock Type or Print Name: Evan S. Fensterstock

LR 31.2 SCHEDULING NOTIFICATION, on behalf of Appellant OWS Credit Opportunity I, LLC, informing Court of proposed due date 01/09/2018, RECEIVED. Service date 10/18/2017 by CM/ECF.[2150525] [17-3053] [Entered: 10/18/2017 12:33 PM]

Case 17-3053, Document 33, 10/18/2017, 2150525, Page1 of 1 KASOWITZ BENSON TORRES LLP 1633 BROADWAY ATLANTA HOUSTON NEW YORK, NEW YORK 10019 LOS ANGELES MICHAEL A. HANIN MIAMI DIRECT DIAL: (212) 506-1788 (212) 506-1700 NEWARK DIRECT FAX: (212) 835-5088 MHANIN@KASOWITZ.COM FAX: (212) 506-1800 SAN FRANCISCO SILICON VALLEY WASHINGTON DC October 18, 2017 VIA ECF Hon. Catherine O’Hagan Wolfe Clerk of Court U.S. Court of Appeals for the Second Circuit Thurgood Marshall United States Courthouse 40 Foley Square New York, New York 10007 Re: The Bank of New York Mellon Trust Co., N.A. v. Hamilton Gardens CDO Ltd., et al., Docket No. 17-3053 Dear Ms. Wolfe: We write on behalf of OWS Credit Opportunity I, LLC ("OWS Credit") in the above-referenced action. Pursuant to Local Rule 31.2(a)(1)(B), OWS Credit respectfully requests that the Court set January 9, 2018 as the date by which OWS Credit must file its brief in this appeal. Sincerely,/s/Michael A. Hanin Michael A. Hanin cc: All counsel of record (via ECF)

SO-ORDERED SCHEDULING NOTIFICATION, setting Appellant OWS Credit Opportunity I, LLC Brief due date as 01/09/2018. Joint Appendix due date as 01/09/2018, FILED.[2150951] [17-3053] [Entered: 10/18/2017 04:09 PM]

Case 17-3053, Document 36, 10/18/2017, 2150951, Page1 of 1 UNITED STATES COURT OF APPEALS for the SECOND CIRCUIT ____________________________________________ At a Stated Term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 18th day of October, two thousand and seventeen, ____________________________________ OWS Credit Opportunity I, LLC, ORDER Docket No: 17-3053 lllllllllllllllllllllAppellant, v. Bank of New York Mellon Trust Company, N.A., lllllllllllllllllllllPlaintiff-Appellee, v. Hamilton Gardens CDO LTD, Hamilton Gardens CDO Corp., Crescent II Fund, L.P., Ellington Credit Opportunities, Ltd., EF Securities LLC, Ellington Special Opportunities LLC, HH Ellington Master Fund Ltd., Citigroup Global Markets, Inc., Cooperatieve Rabobank U.A., FKA Cooperatieve Centrale Raiffeisen-Boerenleenbank B.A., Goldman, Sachs & Co., CEDE & Co., as Nominee for the Depository Trust Company, Scoggin Capital Management II LLC (U.S.), Scoggin International Fund Ltd. (Cayman), Scoggin WorldWide Fund Ltd. (Cayman), lllllllllllllllllllllDefendants-Appellees, Hare & Co., as Nominee for the Bank of New York Mellon, John Does 1-100, lllllllllllllllllllllDefendants. _______________________________________ Counsel for APPELLANT OWS Credit Opportunity I, LLC has filed a scheduling notification pursuant to the Court's Local Rule 31.2, setting January 9, 2018 as the brief filing date. It is HEREBY ORDERED that Appellant's brief must be filed on or before January 9, 2018. The appeal is dismissed effective January 9, 2018 if the brief is not filed by that date. A motion to extend the time to file the brief or to seek other relief will not toll the filing date. See Local Rule 27.1(f)(1); cf. RLI Insurance Co. v. JDJ Marine, Inc., 716 F.3d 41, 43-45 (2d Cir. 2013). For The Court: Catherine O'Hagan Wolfe, Clerk of Court

NOTICE, to Appellees Cooperatieve Rabobank U.A., Hamilton Gardens CDO Corp. and Hamilton Gardens CDO LTD, for failure to file an appearance, SENT.[2151007] [17-3053] [Entered: 10/18/2017 04:23 PM]

Case 17-3053, Document 37, 10/18/2017, 2151007, Page1 of 1 United States Court of Appeals for the Second Circuit Thurgood Marshall U.S. Courthouse 40 Foley Square New York, NY 10007 ROBERT A. KATZMANN CATHERINE O'HAGAN WOLFE CHIEF JUDGE CLERK OF COURT Date: October 18, 2017 DC Docket #: 15-cv-4602 Docket #: 17-3053cv DC Court: SDNY (NEW YORK Short Title: Bank of New York Mellon Trust v. Hamilton CITY) Gardens CDO LTD DC Judge: Oetken DC Judge: Netburn ACKNOWLEDGMENT AND NOTICE OF APPEARANCE DEFAULT NOTICE Pursuant to Second Circuit Local Rule 12.3, the appellee/respondent's counsel Acknowledgment and Notice of Appearance was due on October 12, 2017. The Court has not received the Acknowledgment and Notice of Appearance on behalf of appellee/respondent's counsel. If appellee/respondent's counsel does not file an Acknowledgment and Notice of Appearance within 14 days of the date of this notice, when the appeal is placed on the calendar, appellee/respondent's counsel will not be heard at oral argument except by permission of the Court. Inquiries regarding this case may be directed to 212-857-8623.

NOTICE OF APPEARANCE AS SUBSTITUTE COUNSEL, on behalf of Appellee Cooperatieve Rabobank U.A., FILED. Service date 11/01/2017 by CM/ECF. [2162211] [17-3053] [Entered: 11/01/2017 03:36 PM]

Case 17-3053, Document 40, 11/01/2017, 2162211, Page1 of 1 NOTICE OF APPEARANCE FOR SUBSTITUTE, ADDITIONAL, OR AMICUS COUNSEL _____CDO Ltd. Docket No.: 17-3053 ________ Short Title: Bank of New York Mellon Trust v. Hamilton Gardens Substitute, Additional, or Amicus Counsel’s Contact Information is as follows: Name: Tawfiq Rangwala Firm: Milbank, Tweed, Hadley & McCloy LLP Address: 28 Liberty Street, New York, NY 10005 Telephone: 212-530-5587 ___________________________ Fax: 212-822-5587 E-mail: TRangwala@milbank.com Appearance for: Coöperatieve Rabobank U.A. (f/k/a Coöperatieve Centrale Raiffeisen-Boerenleenbank, B.A.)/Defendant-Appellee (party/designation) Select One: G Substitute counsel (replacing lead counsel: Mark D. Villaverde/Milbank, Tweed, Hadley & McCloy LLP) ✔ (name/firm) G Substitute counsel (replacing other counsel: _______) (name/firm) G Additional counsel (co-counsel with:) (name/firm) G Amicus (in support of:) (party/designation) CERTIFICATION I certify that: ✔ G I am admitted to practice in this Court and, if required by Interim Local Rule 46.1(a)(2), have renewed my admission on OR G I applied for admission on. Signature of Counsel:/s/Tawfiq Rangwala Type or Print Name: Tawfiq Rangwala

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1
09/27/2017
NOTICE OF CIVIL APPEAL, with district court docket, on behalf of Appellant OWS Credit Opportunity I, LLC, FILED. [2135890] [17-3053] [Entered: 09/28/2017 04:08 PM]
2
09/27/2017
DISTRICT COURT STIPULATION AND ORDER, dated 12/07/2016, RECEIVED.[2135897] [17-3053] [Entered: 09/28/2017 04:10 PM]
3
09/27/2017
DISTRICT COURT ORDER, dated 12/22/2016, RECEIVED.[2135900] [17-3053] [Entered: 09/28/2017 04:11 PM]
4
09/27/2017
DISTRICT COURT MEMO ENDORSEMENT, dated 08/29/2017, RECEIVED.[2135902] [17-3053] [Entered: 09/28/2017 04:12 PM]
5
09/27/2017
DISTRICT COURT STIPULATION AND ORDER REGARDING DISPOSITION OF LIQUIDATION PROCEEDS, dated 08/29/2017, RECEIVED.[2135905] [17-3053] [Entered: 09/28/2017 04:13 PM]
6
09/27/2017
PAYMENT OF DOCKETING FEE, on behalf of Appellant OWS Credit Opportunity I, LLC, district court receipt # 0208-14173232, FILED.[2135908] [17-3053] [Entered: 09/28/2017 04:14 PM]
7
09/27/2017
ELECTRONIC INDEX, in lieu of record, FILED.[2135911] [17-3053] [Entered: 09/28/2017 04:15 PM]
12
10/10/2017
FORM C, on behalf of Appellant OWS Credit Opportunity I, LLC, FILED. Service date 10/10/2017 by CM/ECF.[2143541] [17-3053] [Entered: 10/10/2017 02:37 PM]
13
10/10/2017
FORM D, on behalf of Appellant OWS Credit Opportunity I, LLC, FILED. Service date 10/10/2017 by CM/ECF.[2143607] [17-3053] [Entered: 10/10/2017 02:58 PM]
14
10/10/2017
ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellant OWS Credit Opportunity I, LLC, FILED. Service date 10/10/2017 by CM/ECF.[2143618] [17-3053] [Entered: 10/10/2017 03:01 PM]
18
10/11/2017
ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellee Crescent II Fund, L.P., EF Securities LLC, Ellington Credit Opportunities, Ltd., Ellington Special Opportunities LLC and HH Ellington Master Fund Ltd., FILED. Service date 10/11/2017 by CM/ECF.[2145397] [17-3053] [Entered: 10/11/2017 06:11 PM]
19
10/12/2017
NEW CASE MANAGER, Dana Ellwood, ASSIGNED.[2145538] [17-3053] [Entered: 10/12/2017 09:32 AM]
20
10/12/2017
ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellee Bank of New York Mellon Trust Company, N.A., FILED. Service date 10/12/2017 by CM/ECF.[2145624] [17-3053] [Entered: 10/12/2017 10:06 AM]
21
10/12/2017
ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellee Goldman, Sachs & Co., FILED. Service date 10/12/2017 by CM/ECF.[2145892] [17-3053] [Entered: 10/12/2017 12:48 PM]
21
10/12/2017
ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellee Goldman, Sachs & Co., FILED. Service date 10/12/2017 by CM/ECF.[2145892] [17-3053] [Entered: 10/12/2017 12:48 PM]
22
10/12/2017
DEFECTIVE DOCUMENT, Acknowledgment and Notice of Appearance, [21], on behalf of Appellee Goldman, Sachs & Co., FILED.[2145897] [17-3053] [Entered: 10/12/2017 12:52 PM]
23
10/12/2017
ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellee Scoggin Capital Management II LLC (U.S.), Scoggin International Fund Ltd. (Cayman) and Scoggin WorldWide Fund Ltd. (Cayman), FILED. Service date 10/12/2017 by CM/ECF.[2145912] [17-3053] [Entered: 10/12/2017 01:26 PM]
24
10/12/2017
NOTICE OF APPEARANCE AS ADDITIONAL COUNSEL, on behalf of Appellee Goldman, Sachs & Co., FILED. Service date 10/12/2017 by CM/ECF. [2145973] [17-3053] [Entered: 10/12/2017 02:13 PM]
24
10/12/2017
NOTICE OF APPEARANCE AS ADDITIONAL COUNSEL, on behalf of Appellee Goldman, Sachs & Co., FILED. Service date 10/12/2017 by CM/ECF. [2145973] [17-3053] [Entered: 10/12/2017 02:13 PM]
25
10/12/2017
DEFECTIVE DOCUMENT, Notice of Appearance as Additional Counsel, [24], on behalf of Appellee Goldman, Sachs & Co., FILED.[2146033] [17-3053] [Entered: 10/12/2017 02:43 PM]
26
10/12/2017
ACKNOWLEDGMENT AND NOTICE OF APPEARANCE, on behalf of Appellee CEDE & Co., FILED. Service date 10/12/2017 by CM/ECF.[2146086] [17-3053] [Entered: 10/12/2017 03:11 PM]
27
10/12/2017
NOTICE OF APPEARANCE AS ADDITIONAL COUNSEL, on behalf of Appellee Citigroup Global Markets, Inc., FILED. Service date 10/12/2017 by CM/ECF. [2146087] [17-3053] [Entered: 10/12/2017 03:11 PM]
28
10/12/2017
NOTICE OF APPEARANCE AS ADDITIONAL COUNSEL, on behalf of Appellee Goldman, Sachs & Co., FILED. Service date 10/12/2017 by CM/ECF. [2146094] [17-3053] [Entered: 10/12/2017 03:12 PM]
30
10/13/2017
ATTORNEY, Evan S. Fensterstock for Citigroup Global Markets, Inc., in case 17-3053, [27], ADDED.[2146539] [17-3053] [Entered: 10/13/2017 09:07 AM]
31
10/13/2017
ATTORNEY, Lisa Carrie Cohen for Goldman, Sachs & Co., in case 17-3053, [28], ADDED.[2146542] [17-3053] [Entered: 10/13/2017 09:08 AM]
32
10/13/2017
CURED DEFECTIVE Notice of Appearance as Additional Counsel [25], [22], [28], on behalf of Appellee Goldman, Sachs & Co., FILED.[2146545] [17-3053] [Entered: 10/13/2017 09:09 AM]
33
10/18/2017
LR 31.2 SCHEDULING NOTIFICATION, on behalf of Appellant OWS Credit Opportunity I, LLC, informing Court of proposed due date 01/09/2018, RECEIVED. Service date 10/18/2017 by CM/ECF.[2150525] [17-3053] [Entered: 10/18/2017 12:33 PM]
36
10/18/2017
SO-ORDERED SCHEDULING NOTIFICATION, setting Appellant OWS Credit Opportunity I, LLC Brief due date as 01/09/2018. Joint Appendix due date as 01/09/2018, FILED.[2150951] [17-3053] [Entered: 10/18/2017 04:09 PM]
37
10/18/2017
NOTICE, to Appellees Cooperatieve Rabobank U.A., Hamilton Gardens CDO Corp. and Hamilton Gardens CDO LTD, for failure to file an appearance, SENT.[2151007] [17-3053] [Entered: 10/18/2017 04:23 PM]
38
10/30/2017
CAMP ORDER (v), assigning Richard Weil, Court-Appointed Mediator, ENTERED.[2159497] [17-3053] [Entered: 10/30/2017 10:24 AM]
40
11/01/2017
NOTICE OF APPEARANCE AS SUBSTITUTE COUNSEL, on behalf of Appellee Cooperatieve Rabobank U.A., FILED. Service date 11/01/2017 by CM/ECF. [2162211] [17-3053] [Entered: 11/01/2017 03:36 PM]
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