At Commercial Division Part 61 of the Supreme Court of the State of New York, held in and for the County of New York, at the Courthouse thereof, 60 Centre Street, New York, N.Y., on the ___ day of ____________________, 2018. PRESENT: HON. BARRY R. OSTRAGER, J.S.C. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------x SYNCORA GUARANTEE INC., Plaintiff, -against- ALINDA CAPITAL PARTNERS LLC, AMERICAN ROADS LLC, MACQUARIE SECURITIES (USA) INC., and JOHN S. LAXMI, Defendants. :::::::::: : Index No.: 651258/2012 Mot. Seq. 009 Part 61 (Ostrager, J.) [PROPOSED] ORDER TO SHOW CAUSE Oral Argument Requested ----------------------------------------------------------x Upon the accompanying Memorandum of Law in Support of Defendant Macquarie Capital (USA) Inc.’s (f/k/a Macquarie Securities (USA) Inc.) (“Macquarie”) Motion for Summary Judgment, the Affirmation of Christopher M. Joralemon in Support of Defendant Macquarie’s Motion for Summary Judgment, dated August 7, 2018, and the exhibits attached thereto, Defendant Macquarie’s Rule 19-A Statement of Undisputed Facts in Support of Its Motion for Summary Judgment, and all prior papers and proceedings in this action, it is hereby: ORDERED that Plaintiff Syncora Guarantee Inc. (“Syncora”) show cause before this Court at Commercial Division Part 61, Room 232, to be held in and for the County of New York at the Courthouse, 60 Centre Street, New York, New York, on ___________________________, at _______, or as soon thereafter as counsel can be heard, why an order should not be issued 2 pursuant to this Court’s inherent powers and pursuant to CPLR § 3212 granting Defendant Macquarie’s Motion for Summary Judgment and granting such other and further relief as this Court deems necessary and proper; and it is further ORDERED that service of this Order to Show Cause, together with the copies of the papers in support thereof, shall be deemed good and sufficient service if made by email and electronic filing with the Clerk of the court using the New York State Courts Electronic Filing System on or before August 7, 2018; and it is further ORDERED that Plaintiff Syncora shall file and serve its responsive papers, if any, by electronically filing with the Clerk of the Court using the New York State Electronic Filing System on or before August 21, 2018; and it is further ORDERED, that Defendant Macquarie shall file and serve its reply papers, if any, by electronically filing with the Clerk of the Court using the New York State Electronic Filing System on or before August 28, 2018; and it is further ORDERED that oral argument is granted on the return date of this motion. ENTER: Dated: Justice Barry R. Ostrager
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