Case 17-2992, Document 912, 03/29/2018, 2267585, Page1 of 6 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Thurgood Marshall U.S. Courthouse 40 Foley Square, New York, NY 10007 Telephone: 212-857-8500 MOTION INFORMATION STATEMENT Docket Number(s): 17-2992(L) Caption [use short title] Motion for: Statutory Intervenor's Motion to File an Oversized Brief and for a Seven-Day Extension Set forth below precise, complete statement of relief sought: Statutory Intervenor respectfully requests permission to file an oversized reply brief of no more than 14,000 words and for a seven-day extension of the deadline by which it must file its reply brief. In Re: Irving H. Picard, Trustee Securities Investor Protection Corporation, Statutory Intervenor MOVING PARTY: OPPOSING PARTY: Unopposed Plaintiff Defendant Appellant/Petitioner Appellee/Respondent MOVING ATTORNEY: Kevin H. Bell OPPOSING ATTORNEY: Unopposed [name of attorney, with firm, address, phone number and e-mail] Securities Investor Protection Corporation 1667 K St. N.W., Suite 1000, Washington, D.C. 20006-1620 (202) 371-8300; kbell@sipc.org Court- Judge/ Agency appealed from: Hon. Stuart M. Bernstein, U.S. Bankruptcy Court for the Southern District of New York Please check appropriate boxes: Has movant notified opposing counsel (required by Local Rule 27.1): Yes No (explain): Opposing counsel s position on motion: Unopposed Opposed Don t Know Does opposing counsel intend to file a response: Yes No Don t Know FOR EMERGENCY MOTIONS, MOTIONS FOR STAYS AND INJUCTIONS PENDING APPEAL: Has this request for relief been made below? Yes No Has this relief been previously sought in this court? Yes No Requested return date and explanation of emergency: Is oral argument on motion requested? Has argument date of appeal been set? Yes No (requests for oral argument will not necessarily be granted) Yes No If yes, enter date: Signature of Moving Attorney: /s/ Kevin H. Bell Date: 3/29/2018 Service by: CM/ECF Other [Attach proof of service] Form T-1080 (rev.12-13) 13)
Case 17-2992, Document 912, 03/29/2018, 2267585, Page2 of 6 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT IN RE IRVING H. PICARD, TRUSTEE FOR THE LIQUIDATION OF BERNARD L. MADOFF INVESTMENT SECURITIES LLC Case No. 17-2992(L) UNOPPOSED MOTION FOR PERMISSION FOR PLAINTIFF- APPELLANT AND STATUTORY INTERVENOR TO FILE OVERSIZED REPLY BRIEFS AND FOR A SEVEN-DAY EXTENSION Pursuant to Federal Rules of Appellate Procedure 27 and 32(a)(7)(B) and Local Rules 27.1, 31.2(c) and 32.1(a)(4), Plaintiff-Appellant Irving H. Picard ( the Trustee ), as trustee for the substantively consolidated SIPA liquidation of Bernard L. Madoff Investment Securities LLC and the estate of Bernard L. Madoff, and statutory intervenor the Securities Investor Protection Corporation (together with the Trustee, Movants ) in Case Number 17-2992(L) respectfully submit this unopposed motion for permission for Movants: (1) to file oversized reply briefs of no more than 14,000 words per brief; and (2) a seven-day extension of time for Movants to file their respective reply briefs. Movants reply briefs are currently due on May 2, 2018. Accordingly, this motion is filed at least 14 days prior to the date the briefs are due, as required under Local Rules 27.1(e)(3).
Case 17-2992, Document 912, 03/29/2018, 2267585, Page3 of 6 Movants Request On March 27, 2018 and March 28, 2018, this Court granted the Defendant- Appellees Motion for Permission to File Consolidated Oversized Opposition Brief and for a Seven-Day Extension. See Motion, Picard v. Banque Lombard Odier & Cie SA, Lead Consolidated Case No. 17-2992(L), ECF No. 901; Orders, id. at ECF Nos. 905, 910. Accordingly, Defendants-Appellees must file their consolidated oversized opposition brief of no more than 28,000 words by April 18, 2018. Movants reply briefs are currently due May 2, 2018, as provided by Local Rule 31.2(a)(2), and currently limited to no more than 7,000 words, as provided by Local Rule 32.1(c)(4). In their Motion, the Defendant-Appellees indicate that while they expect to file one consolidated brief in which most, if not all, Defendants-Appellees will join, given the number of Defendants-Appellees and the complex issues involved in this case, it is possible that certain individual Defendants-Appellees will file separate briefs. See Motion, ECF 901, at 1 n.2. Accordingly, Movants are faced with the prospect of having to respond to a consolidated, oversized opposition brief of up to 28,000 words as well as an unknown number of additional opposition briefs of up to 14,000 words filed by separately-represented Defendants-Appellees, with a reply brief limited to 7,000 words and within the 14-day period provided for under the Local Rules. 2
Case 17-2992, Document 912, 03/29/2018, 2267585, Page4 of 6 Movants request leave to file oversized reply briefs of no more than 14,000 words and request a 7-day extension from May 2, 2018 to May 9, 2018, so they may address the arguments raised by Defendants-Appellees in their oversized and/or multiple opposition briefs. Movants request for leave to file oversized reply briefs will significantly reduce the volume of briefing presented to the Court. Otherwise, Movants will be required to submit separate reply briefs to each opposition brief filed by Defendants- Appellees. There are more than 200 Defendants-Appellees in this consolidated case, which are represented by approximately 100 different law firms, in 88 consolidated actions. If even a small group of separately-represented Defendants-Appellees submit individual 14,000-word opposition briefs, as permitted under the Rules, Movants will be faced with responding to tens of thousands of words. Accordingly, Movants current deadline of May 2, 2018 presents significant challenges to their ability to respond to the Defendant-Appellees opposition briefs within the 14-day period provided under the Rules. The current deadline also presents additional challenges, because Movants have pre-existing commitments that pre-dated the Court granting the Defendant-Appellees request for an extension of time to file their opposition briefs. Therefore, Movants respectfully request a seven-day extension of their deadline until May 9, 2018. 3
Case 17-2992, Document 912, 03/29/2018, 2267585, Page5 of 6 Movants have conferred with the Defendant-Appellees, and they do not oppose the relief requested herein. Dated: March 29, 2018 New York, New York /s/ Kevin H. Bell JOSEPHINE WANG KEVIN H. BELL NATHANIAL S. KELLEY SECURITIES INVESTOR PROTECTION CORPORATION 1667 K Street, N.W., Suite 1000 Washington D.C. 20006 (202) 371-8300 Attorneys for Statutory Intervenor Securities Investor Protection Corporation Respectfully submitted, /s/ David J. Sheehan DAVID J. SHEEHAN SEANNA R. BROWN TORELLO H. CALVANI CATHERINE E. WOLTERING BAKER & HOSTETLER LLP 45 Rockefeller Plaza New York, New York 10111 (212) 589-4200 Attorneys for Appellant Irving H. Picard, as Trustee for the Substantively Consolidated SIPA Liquidation of Bernard L. Madoff Investment Securities LLC and the estate of Bernard L. Madoff ROY T. ENGLERT, JR. ROBBINS, RUSSELL, ENGLERT, ORSECK, UNTEREINER & SAUBER LLP 1801 K Street, NW, Suite 411L Washington, D.C. 20006 (202) 775-4500 HOWARD L. SIMON WINDELS MARX LANE & MITTENDORF, LLP 156 West 56th Street New York, New York 10019 (212) 237-1000 4
Case 17-2992, Document 912, 03/29/2018, 2267585, Page6 of 6 MATTHEW B. LUNN YOUNG CONAWAY STARGATT & TAYLOR, LLP Rockefeller Center 1270 Avenue of the Americas Suite 2210 New York, New York 10020 (212) 332-8840 Special Counsel for Trustee 5