Order | Filed: September 14, 2026
Great Western Insurance Company v. Graham et al
Other Fraud | New York Southern
Order
MEMORANDUM OPINION AND ORDER re: 448 MOTION for Summary Judgment . filed by Sancus Capital Blue Credit Opportunities Fund Ltd., 454 MOTION for Summary Judgment . filed by Blue II Ltd., Mark Graham, Blue Elite Fund Lt d., Blue Alternative Asset Management, LLC, Blue Elite Fund LP, Blue Capital Management, Inc., 475 LETTER MOTION to Seal Plaintiffs' Memoranda of Law, Declaration Exhibits, and Rule 56.1 Statements in Opposition to Defendants' ; Motions for Summary Judgment addressed to Judge Laura Taylor Swain from Partha P. Chattoraj dated Octobe filed by Great Western Insurance Company, 484 MOTION to Strike Document No. [473 475-3] Plaintiff Statement of Additional Mate rial Facts. filed by Blue II Ltd., Mark Graham, Blue Elite Fund Ltd., Blue Alternative Asset Management, LLC, Blue Elite Fund LP, Blue Capital Management, Inc., 482 MOTION to Strike Document No. 473 . filed by Advanta ge Capital Holding, LLC, Ability Insurance Company, 480 MOTION to Strike Document No. [468-469] . filed by Advantage Capital Holding, LLC, Ability Insurance Company, 502 LETTER MOTION for Leave to File Expert Declarations a nd Deposition Transcript Excerpts Adopting Expert Reports in Opposition to Summary Judgment addressed to Judge Laura Taylor Swain from Partha P. Chattoraj dated November 19, 2025. filed by Great Western Insurance Company, 460 MOTION for Summary Judgment. filed by Ability Insurance Company. For the foregoing reasons, Defendants' Motions to Strike are denied, but in the future, Plaintiff must comply with the Court's instructions outlined above; Plaintiff's motio n for leave to file additional documents is granted; Plaintiff's motion to seal is denied; Defendant Ability's motion for summary judgment is granted as to the conversion claim but denied as to the unjust enrichment claim; Defendant ACH& #039;s motion for summary judgment is granted; all of the Blue Defendants' motions for summary judgment are denied, except as to Plaintiff's fraudulent inducement claim premised on the negotiations over the Novation Agreement and the Tr ust Agreement and the unjust enrichment claim against BCM that is premised on fees paid by BEF Ltd; and Sancus' motion for summary judgment is denied. Docket entry nos. 437, 441, 448, 454, 460, 475, 480, 482, 484, 487, 502 are resolved. The parties are directed to contact Magistrate Judge Netburn's chambers promptly to request a settlement conference and to discuss any necessary further proceedings. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/14/2026) (vfr)