Aristocrat Leisure Limited v. Deutsche Bank Trust Company Americas, No. 1:2004cv10014 - Document 241 (S.D.N.Y. 2009)

Court Description: OPINION & ORDER #97468, that for the reasons set forth below, the respective motions for summary judgment filed by Aristocrat Leisure Limited, the Intervening Defendants, and Deutsche Bank AG, London Branch, are GRANTED IN PART, and DENIED IN PART. B ecause there are genuine issues of material fact as to the reasonableness of the Bondholders' decisions to hold open their short positions after Aristocrat's breach, the Court cannot dispose of the issue of mitigation of damages, nor determ ine the scope of available consequential damages. These issues must be determined by the trier of fact. The parties are ordered to appear before this Court for a pre-trial conference in courtroom 18B on 5/26/09, at 11:00 am. (Signed by Judge Peter K. Leisure on 4/27/09) Copies sent by chambers. (previously filed under seal as doc #215)(cd) Modified on 5/4/2009 (mro).