15‐3833 Millennium Partners, L.P., et al v. Wells Fargo Bank, N.A. U.S. Bank National Association

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

SUMMARY ORDER

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT=S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION ASUMMARY ORDER@). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.

At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 6th day of July, two thousand sixteen.

PRESENT: RICHARD C. WESLEY, DEBRA ANN LIVINGSTON, GERARD E. LYNCH, Circuit Judges. _____________________________________

MILLENNIUM PARTNERS, L.P., MILLENNIUM FIXED INCOME, LTD.,

Plaintiffs‐Appellants,

v. 15‐3833

1 WELLS FARGO BANK, N.A.,

Defendant‐Appellee,

U.S. BANK NATIONAL ASSOCIATION, J.P. MORGAN MORTGAGE ACQUISITION TRUST 2006‐WF1,

Defendants.1

_____________________________________

FOR APPELLANT: PETER DEXTER ST. PHILLIP, JR. (Geoffrey M. Horn, Deborah Rogozinski, on the brief), Lowey Dannenberg Cohen & Hart, P.C., White Plains, NY.

FOR APPELLEE: ROBERT S. FRIEDMAN (Mark E. McGrath, on the brief), Sheppard, Mullin, Richter & Hampton LLP, New York, NY.

Appeal from the United States District Court from the Southern District of

New York (Baer, J.; Koeltl, J.).2

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED,

ADJUDGED, AND DECREED that the judgment of the District Court is

AFFIRMED.

1 The Clerk of Court is respectfully directed to amend the official caption to reflect that U.S. Bank National Association is no longer a party to this appeal. 2 This case was reassigned to the Honorable John G. Koeltl after the passing of the

Honorable Harold Baer Jr.

2 Plaintiffs‐Appellants Millennium Partners, L.P. and Millennium Fixed

Income, Ltd. (together, “Plaintiffs”) appeal the District Court’s dismissal of their

breach of contract claim against Defendant‐Appellee Wells Fargo Bank, National

Association.3 We affirm for substantially the reasons stated by the Judge Baer in

his thorough and well‐reasoned opinion and order, Millennium Partners, L.P. v.

U.S. Bank Nat’l Ass’n, No. 12 Civ. 7581(HB),

(S.D.N.Y. Apr. 17,

2013), and Judge Koetl in his similarly thorough and well‐reasoned denial of

Plaintiffs’ motion for reconsideration, Millennium Partners, L.P. v. U.S. Bank Nat’l

Ass’n, No. 12 Civ. 7581(JGK),

(S.D.N.Y. Oct. 26, 2015).

We have considered all of the Plaintiffs’ arguments and find them to be

without merit. Accordingly, we AFFIRM.

FOR THE COURT: Catherine O’Hagan Wolfe, Clerk

3 Defendant J.P. Morgan Acquisition Trust 2006‐WF1 is not a party to this appeal.

3