Corsair Special Situations Fund, L.P. v. Pesiri

887 F.3d 589
Court of Appeals for the Second Circuit·Decided April 13, 2018·No. Docket No. 16-158; August Term, 2016·Published·Cited by 1 cases

Opinion

Per Curiam:

Plaintiff-Appellant Corsair Special Situations Fund, L.P. ("Corsair") appeals from *590a fee award by the United States District Court for the District of Connecticut (Janet C. Hall, Judge ) in favor of Intervenor-Appellee State Marshal Mark A. Pesiri ("Pesiri"). We assume the parties' familiarity with our earlier opinion in this matter, which discusses at length the underlying facts, procedural history, and arguments presented on appeal. Corsair Special Situations Fund, L.P. v. Pesiri , 863 F.3d 176 (2d Cir. 2017). We repeat them here only insofar as we think it necessary to understand the discussion that follows.

In June 2010, Corsair obtained a judgment from the United States District Court for the District of Maryland jointly and severally against the defendants in the amount of $5,443,171.33. Id. at 177-78. "While attempting to enforce [that] judgment, Corsair learned that" one of the defendants, having become a judgment debtor of Corsair, "signed a contract with a Connecticut-based third party, National Resources, entitling [it] to a payment from National Resources of more than $3,000,000." Id. at 178 (footnote omitted). On learning that, Corsair "enrolled its judgment in the United States District Court for the District of Connecticut," which thereupon issued a writ of execution. Id. Corsair engaged Pesiri to serve a writ of execution on National Resources for a portion of the debt. Id.

Although Pesiri successfully served the writ, National Resources ignored it, relinquishing the $2,308,504 to Corsair only after Corsair instituted and won a subsequent turnover action for the monies. Id. Despite the intervening legal action taken by Corsair in pursuit of the fruits of its judgment, the district court held that under Connecticut General Statute § 52-261(a),

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Corsair Special Situations Fund, L.P. v. Pesiri, 887 F.3d 589 (2d Cir. 2018).

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