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NEXPOINT DIVERSIFIED v. ACIS CAPITAL MANAGEMENT

1:21-cv-04384-GHW.

620 F.Supp.3d 36 (2022)

NEXPOINT DIVERSIFIED REAL ESTATE TRUST, Plaintiff, v. ACIS CAPITAL MANAGEMENT, L.P., U.S. Bank, N.A., Joshua N. Terry, Brigade Capital Management, L.P., Defendants.

United States District Court, S.D. New York.

Signed August 9, 2022.

Attorney(s) appearing for the Case

Griffin Simon Rubin, Katherine Schneider, Mazin Ahmad Sbaiti, Sbaiti & Company PLLC, Dallas, TX, for Plaintiff.

Blair Alexander Adams, Michael Ryan Bloom, Misha Boutilier, Jonathan Pickhardt, Quinn Emanuel Urquhart & Sullivan LLP, New York, NY, for Defendants Adis Capital Management, L.P., Joshua N. Terry.

Mark David Kotwick, Julie Hong, Thomas Ross Hooper, Seward & Kissel LLP, New York, NY, for Defendant U.S. Bank, N.A.

Jason Craig Hegt, Alexis Kellert Godfrey, Latham & Watkins, New York, NY, for Defendant Brigade Capital Management, LP.

MEMORANDUM OPINION AND ORDER

I. INTRODUCTION

Plaintiff Nexpoint Diversified Real Estate Trust ("Nexpoint") is a closed-end retail fund that holds notes issued by a portfolio of collateralized loan obligations ("CLOs") that is managed by defendant Acis Capital Management, L.P. (...

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