...Portafolios, S.A. DE C.V., et al. v. OpenGate Capital, LLC, et al., Central District of California, Case No. 2:17-cv-04360-SB-E (“Underlying Lawsuit”) under Private Equity Liability Insurance Policy No.... PEP2788708 to OpenGate Capital Management, LLC, for the period of June 25, 2016 to June 25, 2017 (“Policy”); 2. GAIC has no duty to indemnify AKN in the Underlying...

...., a California corporation, Defendant, and OPENGATE CAPITAL, LLC, a California company; ROVI CORPORATION, a California corporation; GEMSTAR-TV GUIDE INTERNATIONAL, INC., a California corporation...

...., Debtors. DON A BESKRONE, Chapter 7 Trustee PennySaver USA Publishing, LLC, et al., Plaintiff, v. OPENGATE CAPITAL GROUP, LLC, OPENGATE CAPITAL MANAGEMENT, LLC, PENNYSAVER INVESTORS, LLC, ANDREW NIKOU...David G. Holmes 1105 North Market Street P.O. Box 1380 Wilmington, DE 19899 Counsel for OpenGate Capital Management, LLC, OpenGate Capital Group, LLC PennySaver Investors, LLC, DRINKER BIDDLE...David G. Holmes1105 North Market StreetP.O. Box 1380Wilmington, DE 19899 Counsel for OpenGate CapitalManagement, LLC, OpenGate CapitalGroup, LLC PennySaver Investors,LLC...

... NUMBER 13-17-00531-CV 07-11-2019 OPENGATE CAPITAL GROUP, LLC, OPENGATE CAPITAL MANAGEMENT, LLC AND OPEN PUBLISHING...government code. See TEX. GOV'T CODE ANN. § 74.003. Appellants OpenGate Capital Group, LLC, OpenGate Capital Management...

...-08-2015 OPENGATE CAPITAL GROUP LLC, et al., Plaintiffs, v. THERMO FISHER SCIENTIFIC INC., Defendant...as deserving my attention. Specifically, Opengate Capital claims that, as a result of Thermo Fisher's litigation conduct, the plaintiffs have been deprived of critical information needed to properly...defendants' litigation hold went into effect, indeed, many months before the sale of the Lab Workstation business. For this issue Opengate Capital refers me to the...

...Mexican trust, Plaintiffs-Appellants, v. OPENGATE CAPITAL, LLC, a California limited liability company; OPEN PUBLISHING, LLC, a Delaware limited liability company, Defendants-Appellees, and ROUNDROCK...Finsa Portfolios and FINSA CKD M Fideicomiso (collectively, "Finsa") have sued defendant OpenGate Capital and six of its subsidiaries for fraud and breach of contract arising from a real estate...

...PUBLISHING, LLC, et al., Debtors. Don A. Beskrone, Chapter 7 Trustee PennySaver USA Publishing, LLC, et al., Plaintiff, v. OpenGate Capital Group, OpenGate Capital Management Group, LLC, Andrew Nikou, Jay...at issue are PennySaver Investors, LLC ("Investors"), OpenGate Capital Group, LLC ("Capital"), and OpenGate Capital Management, LLC, ("Management" together with Investors and...

...-08-2014 OPENGATE CAPITAL GROUP LLC, et al., Plaintiffs, v. THERMO FISHER SCIENTIFIC INC., et al., Defendants.... MEMORANDUM I. INTRODUCTION On October 5, 2012, plaintiffs OpenGate Capital Group LLC and its subsidiaries...Claim I of OpenGate's first amended complaint. II. BACKGROUND A. The Parties OpenGate Capital Group LLC is a Delaware...

...applies, as Concorde is a Delaware corporation and the employment agreement between the parties contains a choice-of-law provision selecting Delaware law to govern their disputes. See OpenGate Capital Grp...

...." Opengate Capital Grp. LLC v. Thermo Fisher Sci., Inc., No. 13-1475, 2014 WL 3367675, at *10 (D. Del. 2014) (citing Coface...)). Coface Collections N. Am. Inc., 430 F. App'x at 167. Opengate Capital Grp...

...), aff'd, 952 F.2d 394 (2d Cir.1991). In OpenGate Capital Group LLC v. Thermo Fisher Scientific Inc., No. 13–1475–GMS, 2014 WL 3367675, at *9 (D.Del. Jul. 8, 2014), the court noted the “little..., 75 L.Ed.2d 476 (1983), on remand, 718 F.2d 725, 728 (5th Cir.1983) ; see also OpenGate Capital Group...

...reasonably equivalent when the debtors were insolvent. Beskrone v. Opengate Capital Grp., LLC (In re Pennysaver USA Publ'g, LLC...

...$3.1 million from Opengate Capital Group, LLC ("Opengate"). Because raising the necessary financing to close the Maxim Deal proved difficult, the Opengate loan provided temporary financing to keep...

...., 889 A.2d 954, 958 (Del. 2005); see also OpenGate Capital Grp. LLC...

...). Panfil v. ACC Corp., 768 F.Supp. 54, 59 (W.D.N.Y.1991), aff'd, 952 F.2d 394 (2d Cir.1991). In OpenGate Capital Group LLC v. Thermo Fisher Scientific Inc., No. 13...476 (1983), on remand, 718 F.2d 725, 728 (5th Cir.1983); see also OpenGate Capital Group LLC v. Thermo Fisher Scientific...

...Federal Rules of Bankruptcy Procedure, the constructive fraudulent claims are sufficient to survive a motion to dismiss. Beskrone v. OpenGate Capital Grp...

...that is needed ... is an allegation that there was a transfer for less than reasonably equivalent value at a time when the Debtors were insolvent.’ " Beskrone v. Opengate Capital Grp., LLC (In re.... Opengate Capital Grp., LLC (In re Pennysaver USA Publ'g, LLC) , 602 B.R. 256, 268 (Bankr. D. Del. 2019) ("A complaint based on a theory of...

...) the plaintiff was injured by his reliance." OpenGate Capital Grp. LLC v. Thermo Fisher Sci. Inc., 2014 WL 3367675, at...

...of misleading buyers or sellers, when the defendant either knows about this danger or the danger is so obvious the defendant should have been aware of it." OpenGate Capital Group, LLC v. Thermo...

..., 2022) (holding that the complaint failed to identify which particular debtor made the transfer, thus, failing to state a claim for preference); Beskrone v. OpenGate Capital Grp., LLC (In re...