Memorandum Decision signed on 6/24/2016 Granting Permission to Reopen Previously Entered Judgment Based on Newly Discovered Evidence (related document(s)16, 1, 19). The Complaint in this case, and the parties submissions with respect to the motion to dismiss, are deemed to be a motion, pursuant to Rule 60(b)(2), to reopen the judgment entered in the prior adversary proceeding (AP number 12-01561). The newly discovered evidence resulted in fraud allegations that are different from those that were alleged prior to entry of the judgment. The standard to reopen a judgment based upon a pleading deficiency on the grounds of newly discovered evidence has been met. The motion to dismiss on grounds of res judicata is therefore denied, and the motion for sanctions is also denied.
The Southern District of New York offers a database of opinions for the years 2005 to the present, listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.
Judge Michael E. Wiles
Corrected Bench Decision signed on 6/1/2016 regarding Reorganized Debtors' plan enforcement motion and related motions (related document(s)1932).
Judge Shelley C. Chapman
Memorandum Decision and Order on (I) Motions for Stay Pending Appeal and (II) Expedited Requests for Certification of Orders for Direct Appeal signed on 6/15/2016
Judge Stuart M. Bernstein
So Ordered Written Opinion Signed On 6/7/2016. Re: Memorandum Decision And Order Granting In Part And Denying In Part Plaintiffs Motions For Partial Summary Judgment And Granting Defendants Cross-Motions For Partial Summary Judgment (related document(s)59)
Written Opinion Signed On 5/23/2016. Re: Memorandum Decision Granting Motion To Dismiss Subsequently Filed Adversary Proceeding And Appointing Interim Class Counsel
Judge Martin Glenn
Judge James L. Garrity
Memorandum Decision and Order signed on 5/19/2016 Granting Defendant's Motion to Dismiss Complaint. (related document(s)5)