BAKER & HOSTETLER LLP 45 Rockefeller Plaza New York, New ...
BAKER & HOSTETLER LLP 45 Rockefeller Plaza New York, New ...
BAKER & HOSTETLER LLP 45 Rockefeller Plaza New York, New ...
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10-04285-brl Doc 127 Filed 08/17/12 Entered 08/17/12 14:29:55 Main Document<br />
Pg 31 of 133<br />
in its function as agent and custodian has also lodged a customer claim on behalf<br />
of LUXALPHA SICAV, who is the sole beneficial owner, for the Account.<br />
(Pergament Decl. Exs. 20 at 5; 21 at 5 (emphasis in original).)<br />
UBS SA filed a third claim, on Luxalpha’s behalf, on March 2, 2009, also for the amount<br />
of $1,537,099,731. (Pergament Decl. Ex. 22.)<br />
B. Procedural History<br />
The Trustee filed his Complaint in this action on November 23, 2010. [Bankr. S.D.N.Y.<br />
ECF No. 1.] On June 21, 2011 the Moving UBS Defendants, along with non-moving Defendant<br />
UBS AG, filed a motion to withdraw the reference for the purpose of having the District Court<br />
hear motions to dismiss the Trustee’s common law claims. [S.D.N.Y. ECF No. 1.] On July 8,<br />
2011, the Moving Access Defendants and Delandmeter, along with non-moving Defendants<br />
Access International Advisors LLC (“AIA LLC”), Littaye, Claudine Magon de la Villehuchet<br />
(“Ms. Villehuchet”), Groupement, and Theodore Dumbauld, filed joinders to the motion to<br />
withdraw the reference filed by the Moving UBS Defendants and UBS AG. [S.D.N.Y. ECF No.<br />
6, 8.] On July 11, 2011, Luxalpha also filed a joinder to the motion to withdraw the reference<br />
filed by the Moving UBS Defendants and UBS AG. [S.D.N.Y. ECF No. 9.] The Trustee then<br />
stipulated with the withdrawing Defendants to the withdrawal of the reference to the District<br />
Court. [See S.D.N.Y. ECF No. 10.]<br />
On August 1, 2011, multiple Defendants, including the Moving UBS Defendants, the<br />
Moving Luxalpha Director Defendants, the Moving Access Defendants, and Delandmeter moved<br />
to dismiss the Trustee’s common law claims in the District Court. [S.D.N.Y. ECF No. 16–20.]<br />
On August 17, 2011, the Trustee filed an Amended Complaint, which included additional<br />
allegations against the Defendants. [S.D.N.Y. ECF No. 23.] By Order entered on September 7,<br />
2011, the District Court directed the motions to dismiss to the common law causes of action as<br />
11
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