UBS International Inc. et al v. Itete Brasil Instalacoes Telefonicas Ltd. et al, No. 1:2009cv04286 - Document 87 (S.D.N.Y. 2010)

Court Description: MEMORANDUM AND ORDER GRANTING LEAVE TO INTERVENE, CONSOLIDATING ACTIONS, ALLOWING INTERPLEADER AND GRANTING OTHER RELIEF: The motions ofltete Spain [Action No. 1 DI 7] and UBS [Action No. 1 DI 16] (1) to intervene and consolidate these actions and (2 ) for interpleader reliefand consolidation of actions and for other relief, respectively, are granted in all respects. More particularly: Itete Spain's proposed complaint in intervention and cross-claims is deemed served and filed this date. Act ion No. 1 is consolidated into Action No.2 for all purposes. The caption in Action No.2 [09 Civ. 4286] is amended to read as set forth in this Order. UBS, no later than March 2, 2010, shall deposit into the Registry of this Court $975,000 from Account No. R2-62467 and $25,000 from Account No. R2-66223, which funds shall remain in the Registry of this Court pending further order of the Court. Albuquerque, MUSP, Itete Brasil and Itete Spain, as well as any other persons or entities tha t have asserted or may assert any claims against UBS relating to the funds referred to in paragraph 2 above, are enjoined and restrained from asserting any claims against UBS relating thereto and from commencing or prosecuting any other action or pro ceeding against UBS to recover all or part of those funds. Upon deposit of the funds referred to in paragraph 2 into the Registry of the Court, UBS shall be dismissed from this action, other than for purposes of discovery, and discharged from all lia bilities to Albuquerque, MUSP, Itete Brasil and Itete Spain, as well as any other persons or entities that have asserted or may assert any claims against UBS, in each case relating to the funds deposited pursuant to this order. UBS shall recover from the interpleaded funds such attorney's fees and costs as the Court may award. Any motion for such an award shall be filed on or before March 10, 2010. (Signed by Judge Lewis A. Kaplan on 2/24/2010) Filed In Associated Cases: 1:09-cv-04286-LAK-JCF, 1:09-cv-10004-LAK(jpo)