Securities Investor Protection Corporation v. Bernard L. Madoff Investment Securities L.L.C., No. 1:2012mc00115 - Document 461 (S.D.N.Y. 2013)

Court Description: OPINION AND ORDER: Accordingly, because the Court finds that the Trustee's claim to any relief under the automatic stay is barred by the doctrine of laches, and, independently, because the Court also finds that the Trustee's claims have no basis in law, the Court not only denies this motion for a preliminary injunction, but also, sua sponte dismisses the entire stay action, Cf. Matthews, 739 F.2d at 251 (finding that even a violation of the automatic stay would be excused because a cou rt exercising bankruptcy jurisdiction, "as a court of equity, nevertheless must be guided by equitable principles in exercising its jurisdiction"). The Clerk of the Court is directed to enter final judgment dismissing the Complaint with prejudice and close item number 1 on the docket of 12 Civ. 6733. (Signed by Judge Jed S. Rakoff on 4/15/2013) (tro)

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