Baker & Hostetler LLP 45 Rockefeller Plaza New York, NY Telephone: (212) Facsimile: (212)

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1 Doc 2 Filed 11/29/12 Entered 11/29/12 20:25:39 Main Document Pg 1 of 5 Hearing Date and Time: December 13, 2012 at 10:00 a.m. Objection Deadline: December 7, 2012 Baker & Hostetler LLP 45 Rockefeller Plaza New York, NY Telephone: (212) Facsimile: (212) Attorneys for Irving H. Picard, Trustee for the Substantively Consolidated SIPA Liquidation of Bernard L. Madoff Investment Securities LLC and the Estate of Bernard L. Madoff UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK SECURITIES INVESTOR PROTECTION CORPORATION, v. Plaintiff, BERNARD L. MADOFF INVESTMENT SECURITIES LLC, Adv. Pro. No (BRL) SIPA LIQUIDATION (Substantively Consolidated) In re: Defendant. BERNARD L. MADOFF, Debtor. IRVING H. PICARD, Trustee for the Liquidation of Bernard L. Madoff Investment Securities LLC, Adv. Pro. No. Plaintiff, v. Fairfield Greenwich Limited, Fairfield Greenwich (Bermuda) Ltd., Pacific West Health Medical Center Inc. Employees Retirement Trust, Harel Insurance Company Ltd., Martin and Shirley Bach Family Trust, Natalia Hatgis, Securities & Investment Company (SICO) Bahrain, Dawson Bypass Trust, St. Stephen s School, Walter M. Noel, Jr., Jeffrey H. Tucker, Andrés Piedrahita, Lourdes Barreneche, Robert Blum, Cornelis Boele, Gregory Bowes, NOTICE OF APPLICATION FOR ENFORCEMENT OF AUTOMATIC STAY AND ISSUANCE OF PRELIMINARY INJUNCTION

2 Doc 2 Filed 11/29/12 Entered 11/29/12 20:25:39 Main Document Pg 2 of 5 Vianney d Hendecourt, Yanko della Schiava, Harold Greisman, Jacqueline Harary, David Horn, Richard Landsberger, Daniel E. Lipton, Julia Luongo, Mark McKeefry, Charles Murphy, Corina Noel Piedrahita, Maria Teresa Pulido Mendoza, Santiago Reyes, Andrew Smith, Philip Toub, and Amit Vijayvergiya, Defendants

3 Doc 2 Filed 11/29/12 Entered 11/29/12 20:25:39 Main Document Pg 3 of 5 PLEASE TAKE NOTICE that, upon the accompanying Memorandum of Law, dated November 29, 2012; the Complaint, dated November 29, 2012; the Declaration of Jessie Morgan Gabriel, dated November 29, 2012; and the Affidavit of Matthew Cohen, sworn to on November 29, 2012; and upon all prior pleadings and proceedings herein; the undersigned, counsel to plaintiff Irving H. Picard, as trustee for the substantively consolidated liquidation of the business of Bernard L. Madoff Investment Securities LLC ( BLMIS ) under the Securities Investor Protection Act, 15 U.S.C. 78aaa et seq. ( SIPA ), and the estate of Bernard L. Madoff, individually, will move before the Honorable Burton R. Lifland on December 13, 2012, at 10:00 a.m. on the Trustee s application (the Application ) for an order substantially in the form annexed hereto as Exhibit A: (i) declaring the matter of Anwar v. Fairfield Greenwich Ltd., No (S.D.N.Y. filed Jan ) (as subsequently consolidated) (the Anwar Action ) void ab initio as against the defendants in the Trustee s action (the Trustee s Action ) against various Fairfield Greenwich Group ( FGG ) entities and individuals (the Trustee s FGG Defendants ) and that the settlement of those claims in the Anwar Action (the Settlement ) is thus void; and (ii) preliminarily enjoining the Defendants captioned above from consummating the Settlement, including transferring any money or property in connection with the Settlement, executing any judgments, making or receiving any settlement payments, or otherwise distributing assets in connection with the Settlement or the Anwar Action or any other action brought against the Trustee s FGG Defendants as a result of or relating to the BLMIS fraud or litigating any action as against any of the Trustee s FGG Defendants brought as a result of or relating to the BLMIS fraud, until the completion of the Trustee s Action, including the satisfaction by the Trustee s FGG Defendants of any settlement or judgment obtained by the Trustee.

4 Doc 2 Filed 11/29/12 Entered 11/29/12 20:25:39 Main Document Pg 4 of 5 PLEASE TAKE FURTHER NOTICE that written objections to the Application must be filed with the Clerk of the United States Bankruptcy Court, One Bowling Green, New York, New York by no later than December 7, 2012 (with a courtesy copy delivered to the Chambers of the Honorable Burton R. Lifland) and must be served upon (a) Baker & Hostetler LLP, counsel for the Trustee, 45 Rockefeller Plaza, New York, New York 10111, Attn: David J. Sheehan, Esq., and (b) the Securities Investor Protection Corporation, 805 Fifteenth Street, NW, Suite 800, Washington, DC 20005, Attn: Kevin H. Bell, Esq. Any objections must specifically state the interest that the objecting party has in these proceedings and the specific basis of any objection to the Application. PLEASE TAKE FURTHER NOTICE that replies to objections, if any, must be filed with the Clerk of the United States Bankruptcy Court, One Bowling Green, New York, New York by no later than December 11, 2012 (with a courtesy copy delivered to the Chambers of the Honorable Burton R. Lifland)

5 Doc 2 Filed 11/29/12 Entered 11/29/12 20:25:39 Main Document Pg 5 of 5 Dated: New York, New York November 29, 2012 /s/ David J. Sheehan Baker & Hostetler LLP 45 Rockefeller Plaza New York, New York Telephone: (212) Facsimile: (212) David J. Sheehan dsheehan@bakerlaw.com Thomas L. Long tlong@bakerlaw.com Mark A. Kornfeld mkornfeld@bakerlaw.com Deborah H. Renner drenner@bakerlaw.com Tracy L. Cole tcole@bakerlaw.com Keith R. Murphy kmurphy@bakerlaw.com Amy E. Vanderwal avanderwal@bakerlaw.com Jessie M. Gabriel jgabriel@bakerlaw.com Matthew J. Moody mmoody@bakerlaw.com Ferve E. Ozturk fozturk@bakerlaw.com Attorneys for Irving H. Picard, Trustee for the Substantively Consolidated SIPA Liquidation of Bernard L. Madoff Investment Securities LLC and the Estate of Bernard L. Madoff - 3 -

6 Doc 2-1 Filed 11/29/12 Entered 11/29/12 20:25:39 Exhibit A - Proposed Order Pg 1 of 5 EXHIBIT A

7 Doc 2-1 Filed 11/29/12 Entered 11/29/12 20:25:39 Exhibit A - Proposed Order Pg 2 of 5 Baker & Hostetler LLP 45 Rockefeller Plaza New York, NY Telephone: (212) Facsimile: (212) Attorneys for Irving H. Picard, Trustee for the Substantively Consolidated SIPA Liquidation of Bernard L. Madoff Investment Securities LLC and the Estate of Bernard L. Madoff UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK SECURITIES INVESTOR PROTECTION CORPORATION, v. Plaintiff, BERNARD L. MADOFF INVESTMENT SECURITIES LLC, Adv. Pro. No (BRL) SIPA LIQUIDATION (Substantively Consolidated) In re: Defendant. BERNARD L. MADOFF, Debtor. IRVING H. PICARD, Trustee for the Liquidation of Bernard L. Madoff Investment Securities LLC, Adv. Pro. No. Plaintiff, v. Fairfield Greenwich Limited, Fairfield Greenwich (Bermuda) Ltd., Pacific West Health Medical Center Inc. Employees Retirement Trust, Harel Insurance Company Ltd., Martin and Shirley Bach Family Trust, Natalia Hatgis, Securities & Investment Company (SICO) Bahrain, Dawson Bypass Trust, St. Stephen s School, Walter M. Noel, Jr., Jeffrey H. Tucker, Andrés Piedrahita, Lourdes Barreneche, Robert Blum, Cornelis Boele, Gregory Bowes, Vianney d Hendecourt, Yanko della Schiava, Harold Greisman, [PROPOSED] ORDER ENFORCING AUTOMATIC STAY AND ISSUING PRELIMINARY INJUNCTION

8 Doc 2-1 Filed 11/29/12 Entered 11/29/12 20:25:39 Exhibit A - Proposed Order Pg 3 of 5 Jacqueline Harary, David Horn, Richard Landsberger, Daniel E. Lipton, Julia Luongo, Mark McKeefry, Charles Murphy, Corina Noel Piedrahita, Maria Teresa Pulido Mendoza, Santiago Reyes, Andrew Smith, Philip Toub, and Amit Vijayvergiya, Defendants.

9 Doc 2-1 Filed 11/29/12 Entered 11/29/12 20:25:39 Exhibit A - Proposed Order Pg 4 of 5 Upon consideration of the Application for Enforcement of the Automatic Stay and Issuance of a Preliminary Injunction (the Application ) 1 in the above-captioned adversary proceeding by Irving H. Picard, trustee for the substantively consolidated liquidation of the business of Bernard L. Madoff Investment Securities LLC ( BLMIS ) under the Securities Investor Protection Act, 15 U.S.C. 78aaa et seq. ( SIPA ) and the estate of Bernard L. Madoff, individually; and upon the accompanying Memorandum of Law dated November 29, 2012; the Complaint dated November 29, 2012; the Declaration of Jessie Morgan Gabriel, dated November 29, 2012; the Affidavit of Matthew Cohen, sworn to on November 29, 2012; and the Notice of the Application; and upon all of the pleadings and prior proceedings in this and related actions; and upon the hearing held on, 2012: IT IS HEREBY ORDERED: A. The Application is granted. B. The matter of Anwar v. Fairfield Greenwich Ltd., No (S.D.N.Y. filed Jan. 7, 2009) (as subsequently consolidated) (the Anwar Action ) is void ab initio as against the defendants in the Trustee s action (the Trustee s Action ) against various Fairfield Greenwich Group ( FGG ) entities and individuals (the Trustee s FGG Defendants ) as violative of the automatic stay provisions of Bankruptcy Code 362(a), SIPA 78eee(b)(2)(B)(i) and at least one of the related orders entered by the United States District Court for the Southern District of New York dated December 15, 2008, December 18, 2008, and February 9, 2009, and that the settlement of those claims in the Anwar Action (the Settlement ) is thus void. 1 All terms not otherwise defined herein will be given the meaning ascribed to them in the Application.

10 Doc 2-1 Filed 11/29/12 Entered 11/29/12 20:25:39 Exhibit A - Proposed Order Pg 5 of 5 C. Pursuant to section 105(a) of the Bankruptcy Code, the Defendants captioned above (the Injunction Defendants ), their officers, agents, servants, employees, attorneys, and all those acting in concert or participation with them, or acting on their behalf, and all parties having notice of this Order, are hereby preliminarily enjoined from consummating the Settlement, including transferring any money or property in connection with the Settlement, executing any judgments, making or receiving any settlement payments, or otherwise distributing assets in connection with the Settlement or the Anwar Actions or any other actions brought against the Trustee s FGG Defendants as a result of or relating to the BLMIS fraud; and litigating the Anwar Action or any other actions as against any of the Trustee s FGG Defendants brought as a result of or relating to the BLMIS fraud, until the completion of the Trustee s Action, including the satisfaction by the Trustee s FGG Defendants of any settlement or judgment obtained by the Trustee. D. This Court shall retain exclusive jurisdiction over the implementation and interpretation of this Order. Dated: New York, New York, 2012 HONORABLE BURTON R. LIFLAND UNITED STATES BANKRUPTCY JUDGE - 2 -