Irving H. Picard, Trustee for the Liquidation of B v. Schroder & Co. Bank AG

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UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
SECURITIES INVESTOR PROTECTION
CORPORATION,
Plaintiff-Applicant,
v.
BERNARD L. MADOFF INVESTMENT
SECURITIES LLC,
Defendant.
Adv. Pro. No. 08-01789 (CGM)
SIPA LIQUIDATION
(Substantively Consolidated)
In re:
BERNARD L. MADOFF,
Debtor.
IRVING H. PICARD, Trustee for the Substantively
Consolidated SIPA Liquidation of Bernard L. Madoff
Investment Securities LLC and the Chapter 7 Estate of
Bernard L. Madoff,
Plaintiff,
v.
SCHRODER & CO. BANK AG,
Defendant.
Adv. Pro. No. 12-01210 (CGM)
ORDER DENYING SCHRODER & CO. BANK AG’S
MOTION TO DISMISS THE COMPLAINT
Defendant Schroder & Co. Bank AG (“Defendant”) filed a motion to dismiss the
Complaint under Bankruptcy Rule 7012(b) and Federal Rule of Civil Procedure 12(b)(2) and
12(b)(6) (the “Motion”) on March 11, 2022. The parties stipulated to rest on their papers and
waive oral argument on the Motion on September 9, 2022. The Court has considered the
Motion, the papers filed in support of and in opposition to the Motion, and the Complaint. The
Court issued a memorandum decision, dated September 27, 2022, regarding the Motion (the
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“Decision”). Based on the record in this adversary proceeding, including the Decision, IT IS
ORDERED:
1. 	The Motion to dismiss the Complaint is denied.
2. 	The deadline for Defendant to file an answer to the Complaint is December 1,
2022.
3. 	The Court shall retain jurisdiction to implement or enforce this Order.
Dated: October 7, 2022
Poughkeepsie, New York
/s/ Cecelia G. Morris
_______________________
Hon. Cecelia G. Morris
U.S. Bankruptcy Judge
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