BAKER & HOSTETLER LLP 45 Rockefeller Plaza New York, New ...

10-04285-brl Doc 127 Filed 08/17/12 Entered 08/17/12 14:29:55 Main Document
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4652 (JGK), 2012 WL 99089, at *7 (S.D.N.Y. Mar. 26, 2012) (acknowledging the importance of
“prevent[ing] dissipation of the debtor’s assets before orderly distribution to creditors can be
effected”) (internal quotation omitted).
In December 2009, Luxalpha’s liquidators filed an action in Luxembourg against, inter
alia, AML, Delandmeter, Littaye, the Moving UBS Defendants and UBS AG (the “Luxembourg
Action”) for damage caused to Luxalpha as a result of the fraud perpetrated by Madoff and
enabled and/or facilitated by each of the named defendants. (Pergament Decl. Ex. 172.) On or
around May 12, 2010, AML, Delandmeter, and Littaye filed the Luxalpha Third Party Writ
which named the Trustee, on behalf of the BLMIS estate, as a third party defendant through an
impleader in the Luxembourg Action. (Pergament Decl. Ex. 173.) The Luxalpha Third Party
Writ alleges that the BLMIS estate is responsible for any judgment rendered against the Third
Party Plaintiffs in the Luxembourg Action. 43 (Id. at Conclusion Section.) The Luxalpha Third
Party Writ is expressly aimed at the BLMIS estate and specifically targets this Court and
therefore this forum, and unquestionably affects the administration of the estate. Moreover, by
impleading the Trustee as representative of the BLMIS estate and seeking to recover assets from
the BLMIS estate, AML, Delandmeter, and Littaye have expressly aimed their conduct at the
United States and must therefore reasonably anticipate being haled into this Court. See Calder,
465 U.S. at 789–90. The motions to dismiss on personal jurisdiction grounds filed by AML and
Delandmeter must be rejected for this additional reason.
43 The Trustee has filed an action before this Court seeking to enforce the automatic stay and enjoin AML,
Delandmeter, and Littaye from litigating the Luxalpha Third Party Writ against the Trustee as a representative of the
BLMIS estate. See Memorandum of Law in Support of Trustee’s Application for Enforcement of Automatic Stay
and Injunction Against Patrick Littaye, Pierre Delandmeter, and Access Management Luxembourg S.A., Picard v.
Access Management Luxembourg S.A., No. 12-01563 (BRL) (Bankr. S.D.N.Y. Apr. 19, 2012) [ECF No. 1.] AML,
Delandmeter, and Littaye have moved to withdraw the reference. [ECF No. 14.] Meanwhile, briefing on the
Trustee’s motion to enforce the automatic stay and enjoin AML, Delandmeter, and Littaye from proceeding with the
Third Party Writ will proceed. [ECF No. 13.]
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