Deutsche Bank AG, London Branch v. Finepoint Capital LP

Order and conference

The court ordered the parties to appear at a telephone conference on July 8, 2025, at 3:00 p.m. The conference was expected to take place through Webex unless the court ordered otherwise. The order instructed counsel for all parties to call the listed telephone number and access code at the scheduled time.

Issues identified by the court

The court directed the parties to be prepared to discuss whether Deutsche Bank’s complaint plausibly alleges the defendants’ states of citizenship. This issue concerns whether the court has subject-matter jurisdiction based on complete diversity of citizenship under 28 U.S.C. § 1332. The order noted that, for a limited partnership, citizenship depends on the citizenship of each general and limited partner.

The court also directed discussion of Deutsche Bank’s first and third causes of action for breach of contract. Specifically, the parties were to address whether those claims should be evaluated under the standards for alleging breach of a binding Type II preliminary agreement and, if so, whether Deutsche Bank plausibly alleges that the defendants failed to negotiate a final Assignment of Claim Agreement in good faith.

Disposition

This order scheduled a conference and identified issues for discussion. It did not rule on whether the complaint adequately alleges citizenship, whether the court has jurisdiction, or whether the breach-of-contract claims are legally sufficient. Judge John P. Cronan signed the order on July 2, 2025.