Opinion
18 CIVIL 8768 (NRB)
10-22-2020
HILDENE OPPORTUNITES MASTER FUND, LTD., BRETT JEFFERSON and JASON SPEAR, as trustees for the Hildene Capital Management Pension Plan, and MEMBRES, LLC, Plaintiffs, v. THE BANK OF NEW YORK MELLON, Defendant. THE BANK OF NEW YORK MELLON, solely as Indenture Trustee, Defendant and Counterclaim Plaintiff, v. HILDENE OPPORTUNITIES MASTER FUND, LTD., BRETT JEFFERSON and JASON SPEAR, as trustees for the Hildene Capital Management Pension Plan, MEMBRES, LLC, ANCHORAGE CAPITAL MASTER OFFSHORE LTD., APEIRON SECURITIES AND INVESTMENTS, LLP, APEX CLEARING CORPORATION, BAND & CO., BECKER & CO., ROBERT BROOKS, COMMERZBANK A.G., LONDON BRANCH, ELL & CO., EMBASSY & CO., MAXWELL W. FREEMAN, GWEN L. GANS and MARTIN S. GANS, as Trustee of the Gans Trust dated March 11, 1999, WARREN R. GERLEIT INDIVIDUAL RETIREMENT ACCOUNT, THOMAS C. GREGOR INDIVIDUAL RETIREMENT ACCOUNT, RICHARD H. HEIN INDIVIDUAL RETIREMENT ACCOUNT, ED HJERPE, R. DAVIS HOWE ROTH INDIVIDUAL RETIREMENT ACCOUNT, INVG MORTGAGE SECURITIES CORP., KEEFE, BRUYETTE & WOODS, INC., ESTATE OF EDWIN L. KLETT, DAVID LACHTMAN INDIVIDUAL RETIREMENT ACCOUNT, GILBERT MACQUARRIE III INDIVIDUAL RETIREMENT ACCOUNT, MEYRIN INVESTORS LIMITED, CLAIRE NARDONI, JESSICA MAY PAUL, PAUL W. PERKINS, PERSHING LLC, PERSPECTIVE HOLDINGS, LLC, DONA M. ROOT, ROBERT F. STOICO, ROBERT F. STOICO/FIRST FED CHARITABLE FOUNDATION, WINIFRED W. TART, as Trustee of the Stephen M. Tart Jr. Pension Plan, TRISURA INTERNATIONAL INSURANCE LTD., WOLF RIVER CAPITAL MANAGEMENT, LLC, PREFERRED TERM SECURITIES XIV, LTD., PREFERRED TERM SECURITIES XIV, INC., and DOES 1 through 100, Holders or Beneficial Owners of Income Notes under the Indenture among Preferred Term Securities XIV, Ltd., as Issuer, Preferred Term Securities XIV, Inc. as Co-Issuer, and The Bank of New York Mellon (formerly the Bank of New York) as Indenture trustee dated as of June 17, 2004, Plaintiffs, Intervenor, and Counterclaim Defendants
JUDGMENT
It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated October 21, 2020, all claims by Plaintiffs are dismissed, with prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(2). All cross-claims by Maxwell M. Freeman are dismissed, with prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(2). The Trustee is dismissed and discharged from liability pursuant to 28 U.S.C. § 2361 with respect to any claimant as alleged in its counterclaim for interpleader under 28 U.S.C. § 1335. All claims to any amounts in the Reserve or under the Indenture in respect of any Income Note are deemed satisfied and released by payment of the amounts stated in the order. The Income Notes are deemed delivered to the Trustee for cancelation and deemed canceled, surrendered, discharged, and extinguished; and, pursuant to 28 U.S.C. § 2361, all claimants (and any person claiming by, through, or otherwise because of any claimant) are permanently enjoined from starting or continuing any action or proceeding in any court or tribunal with respect to such claims; accordingly, this action is dismissed with prejudice. Dated: New York, New York
October 22, 2020
RUBY J. KRAJICK
Clerk of Court
BY: /s/ _________
Deputy Clerk