Millennium Partners, L.P. v. Wells Fargo Bank, N.A.

Full title: MILLENNIUM PARTNERS, L.P., MILLENNIUM FIXED INCOME, LTD.…

Court: UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

Date published: Jul 6, 2016

654 F. App'x 507 (2d Cir. 2016)

Opinion

15-3833

07-06-2016

MILLENNIUM PARTNERS, L.P., MILLENNIUM FIXED INCOME, LTD., Plaintiffs-Appellants, v. WELLS FARGO BANK, N.A., Defendant-Appellee, U.S. BANK NATIONAL ASSOCIATION, J.P. MORGAN MORTGAGE ACQUISITION TRUST 2006-WF1, Defendants.

FOR APPELLANT: PETER DEXTER ST. PHILLIP, JR. (Geoffrey M. Horn, Deborah Rogozinski, on the brief), Lowey Dannenberg Cohen & Hart, P.C., White Plains, NY. FOR APPELLEE: ROBERT S. FRIEDMAN (Mark E. McGrath, on the brief), Sheppard, Mullin, Richter & Hampton LLP, New York, NY.

FOR THE COURT: Catherine O'Hagan Wolfe, Clerk

SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT'S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION "SUMMARY ORDER"). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.

At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 6^th day of July, two thousand sixteen. PRESENT: RICHARD C. WESLEY, DEBRA ANN LIVINGSTON, GERARD E. LYNCH, Circuit Judges. FOR APPELLANT: PETER DEXTER ST. PHILLIP, JR. (Geoffrey M. Horn, Deborah Rogozinski, on the brief), Lowey Dannenberg Cohen & Hart, P.C., White Plains, NY. FOR APPELLEE: ROBERT S. FRIEDMAN (Mark E. McGrath, on the brief), Sheppard, Mullin, Richter & Hampton LLP, New York, NY.

Appeal from the United States District Court from the Southern District of New York (Baer, J.; Koeltl, J.).²

2 This case was reassigned to the Honorable John G. Koeltl after the passing of the Honorable Harold Baer Jr.

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court is AFFIRMED.

Plaintiffs-Appellants Millennium Partners, L.P. and Millennium Fixed Income, Ltd. (together, "Plaintiffs") appeal the District Court's dismissal of their breach of contract claim against Defendant-Appellee Wells Fargo Bank, National Association.³ We affirm for substantially the reasons stated by the Judge Baer in his thorough and well-reasoned opinion and order, Millennium Partners, L.P. v. U.S. Bank Nat'l Ass'n, No. 12 Civ. 7581(HB), 2013 WL 1655990 (S.D.N.Y. Apr. 17, 2013), and Judge Koetl in his similarly thorough and well-reasoned denial of Plaintiffs' motion for reconsideration, Millennium Partners, L.P. v. U.S. Bank Nat'l Ass'n, No. 12 Civ. 7581(JGK), 2015 WL 6454844 (S.D.N.Y. Oct. 26, 2015).

3 Defendant J.P. Morgan Acquisition Trust 2006-WF1 is not a party to this appeal. --------

We have considered all of the Plaintiffs' arguments and find them to be without merit. Accordingly, we AFFIRM.

FOR THE COURT:

Catherine O'Hagan Wolfe, Clerk