Order | Filed: September 01, 2026
Jiang v. Avaya Holdings Corp. et al
Securities/Commodities | New York Southern
Order
MEMORANDUM OPINION & ORDER re: 108 MOTION to Dismiss . filed by James M. Chirico, Jr., 130 MOTION to Intervene . filed by SEI Institutional Investments Trust High Yield Bond Fund, U.S. High Yield Bond Fund, SAS Tr ustee Corporation, Los Angeles County Employees Retirement Association, Brigade-SierraBravo Fund LP, Brigade Credit Fund II Ltd., TCorpIM High Yield Fund, Panther BCM LLC, Platinum Peregrine A 2012 RSC Limited, The Coca-Cola Company Mas ter Retirement Trust, SEI Global Master Fun Plc the SEI High Yield Fixed Income Fund, Brigade Loan Fund Ltd., SEI Institutional Managed Trust - High Yield Bond Fund, Brigade High Yield Fund Ltd., Brigade Opportunistic Credit LBG Fund Ltd., FedEx Corporation Employees' Pension Trust, Brigade Leveraged Capital Structures Fund Ltd., Brigade Collective Investment Trust Brigade Diversified Credit CIT, SEI Institutional Managed Trust Multi-Strategy Alternative Fund, Brigade Calvary Fund, Ltd., SC Credit Opportunities Mandate, LLC, 110 MOTION to Dismiss Plaintiffs' Amended Complaint. filed by Kieran J. McGrath, 137 LETTER MOTION to Expedite / Letter Requesting Briefing Schedule addresse d to Judge Paul G. Gardephe from Maeve OConnor dated December 10, 2025. filed by SEI Institutional Investments Trust High Yield Bond Fund, U.S. High Yield Bond Fund, SAS Trustee Corporation, Los Angeles County Employees Retirement Associatio n, Brigade-SierraBravo Fund LP, Brigade Credit Fund II Ltd., TCorpIM High Yield Fund, Platinum Peregrine A 2012 RSC Limited, Panther BCM LLC, The Coca-Cola Company Master Retirement Trust, SEI Global Master Fun Plc the SEI High Yield Fi xed Income Fund, Brigade Loan Fund Ltd., SEI Institutional Managed Trust - High Yield Bond Fund, Brigade High Yield Fund Ltd., FedEx Corporation Employees' Pension Trust, Brigade Opportunistic Credit LBG Fund Ltd., Brigade Collective Investment Trust Brigade Diversified Credit CIT, Brigade Leveraged Capital Structures Fund Ltd., SEI Institutional Managed Trust Multi-Strategy Alternative Fund, Brigade Calvary Fund, Ltd., SC Credit Opportunities Mandate, LLC. For the rea sons stated above, Defendants' motions to dismiss (Dkt. Nos. 108, 110) are granted. Given this determination, the Brigade plaintiffs' motions for leave to intervene (Dkt. Nos. 130) and for an expedited briefing schedule concerning Defendant s' request for leave to file a motion to stay discovery in Brigade (Dkt. No. 137) are denied as moot. While the Court grants leave to move to amend, in any such motion, Plaintiff will explain in detail how each defect cited in this Opinion has b een satisfied by new factual allegations in the proposed second amended complaint. Any motion for leave to amend is to be filed by September 30, 2026. The proposed second amended complaint is to be attached as an exhibit to the motion. The Clerk of Court is directed to terminate the motions (Dkt. Nos. 108, 110, 130, 137). ( Motions due by 9/30/2026.) (Signed by Judge Paul G. Gardephe on 9/1/2026) (sgz)