Opinion
18-md-2865 (LAK) 18-cv-09515
03-29-2022
In re CUSTOMS AND TAX ADMINISTRATION OF THE KINGDOM OF DENMARK (SKATTEFORVALTNINGEN) TAX REFUND SCHEME LITIGATION
HUGHES HUBBARD & REED LLP Marc A. Weinstein Neil J. Oxford Dustin P. Smith Counsel for Plaintiff Skatteforvaltningen (Customs and Tax Administration of the Kingdom of Denmark) SEWARD & KISSEL LLP Mark J. Hyland Thomas Ross Hooper Counsel for Bluegrass Investment Management, LLC
MASTER DOCKET
HUGHES HUBBARD & REED LLP
Marc A. Weinstein
Neil J. Oxford
Dustin P. Smith
Counsel for Plaintiff Skatteforvaltningen (Customs and Tax Administration of the Kingdom of Denmark)
SEWARD & KISSEL LLP
Mark J. Hyland
Thomas Ross Hooper
Counsel for Bluegrass Investment Management, LLC
[PROPOSED] CONSENT JUDGMENT
LEWIS A. KAPLAN, UNITED STATES DISTRICT JUDGE
WHEREAS, on June 14, 2018, plaintiff Skatteforvaltningen (“SKAT”) commenced this action against defendants Bluegrass Investment Management, LLC Retirement Plan (“BGIM Plan”), and Bernard Tew, and on April 24, 2020, SKAT filed an amended complaint against the defendants (the foregoing collectively hereinafter referred to as the “Action”);
WHEREAS, SKAT and defendant BGIM Plan now wish to resolve all the claims SKAT asserted in the Action against BGIM Plan;
NOW THEREFORE, without trial or adjudication of issue of fact or law, and upon BGIM Plan's consent, the Court finds that there is good and sufficient cause to enter this Consent Judgment, and that IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED THAT:
1. This Consent Judgment is hereby entered in favor of plaintiff SKAT against defendant BGIM Plan in the amount of $2,514,000 (US); and
2. Defendant BGIM Plan shall be liable to pay the amount set forth in paragraph 1.
3. Each party shall bear its own attorneys' fees and costs.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Consent Judgment.
June 7, 2021
HUGHES HUBBARD & REED LLP
Marc A. Weinstein
Neil J. Oxford
Dustin P. Smith
Counsel for Plaintiff Skatteforvaltningen (Customs and Tax Administration of the Kingdom of Denmark)
SEWARD & KISSEL LLP
Mark J. Hyland
Thomas Ross Hooper
Counsel for Bluegrass Investment Management, LLC
SO ORDERED: