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Retailer's Exit Lets Developer Stockdale Proceed With $275 Million Downtown Project By Lou Hirsh CoStar News Developer Stockdale Capital Partners' plans to turn a faded downtown San Diego mall into creative offices are back on schedule, after longtime tenant Macy's dropped its opposition and announced plans to vacate the site in March. Defendants now move for summary judgment. . 34-2 4). Id. The mall was designed by architect Jon Jerdeand opened in 1985 in the citys historic Gaslamp Quarter. See the complete profile on LinkedIn and discover Jane's connections and jobs at similar companies. The lawsuit filed after an 18-month-long investigation alleges that the companies have, since 2015, collected over $75 million on more than 1,900 fraudulent, illegal loans. The USPTO denied Plaintiff's application to register "Stockdale" in October 2018 on the basis that it is primarily a surname. Improper Integrals Examples. Defendants have used the name "Stockdale" continuously since their collective inception in 2013. Focused investments on compelling, premier opportunities. Stockdale Capital Partners bought the 175-key hotel. All rights reserved 2023 The Real Deal is a registered Trademark of Korangy Publishing Inc. We're championing. (Doc. Defendants have demonstrated that their real estate investments are a "big ticket" item, RE/MAX Int'l, Inc., 655 F. Supp. The state is expecting to hold hearings on the complaints in the coming weeks. for Better Gov't, 901 F.3d 498, 505 (5th Cir. The Trademark Board considers several factors in determining the primary significance of the mark to the purchasing public, including: (1) the rarity of the name, (2) whether it is the name of the applicant, (3) whether there is a significant non-surname meaning, (4) whether the designation has the look and sound of a surname, and (5) whether the context of use contributes to the perception of the designation as a surname. "We are gearing up to really get aggressive and. Filing 21 APPLICATION of Non-Resident Attorney Stephen R Mysliwiec to Appear Pro Hac Vice on behalf of Defendant Stockdale Capital Partners, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. Tex. The State of California Superior Court - Kern County reported the following activity in the suit brought by Stockdale Kitchen and Bath against Corey Delater on June 8: 'Petition For Harassment'.. Case number BCV-21-101087 was filed in the State of California Superior Court - Kern County on May 17. william lupo obituary stockdale capital lawsuit. Once-prominent real estate salesman David Crisp last week received two new default notices on the Stockdale Highway offices he bought in April and was named in a lawsuit demanding repayment The redevelopment is a mixed-use project centered on offices with some retail, renamed . However, such usage is not dispositive of the primary significance of "Stockdale" to the public and, in any event, this evidence does not overcome the USPTO's prima facie case against registration. Anyone familiar with the culture, hours, and comps for investment associate at Stockdale Capital Partner? Property records show two transactions totaling $71 million. This factor is also neutral. March 6, 2017. But the idea, which resembles a similar project the builder completed at its Galleria Corporate Center in Arizona, is to reshape the dated, oversized mall into the kind of unique office space desirable to the nations most renowned tech firms. "Everything along 1st Avenue is being redone, the former Nordstrom, the former Mervyn's," Divinsky said. The court can consider any evidence in "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any." All rights reserved, In Your Neighborhood: What's Happening this Weekend in San Diego, Man Sentenced for Causing Crash That Killed Former Harbor Police Chief's Wife, Actor Tom Sizemore, of Saving Private Ryan,' Dies at 61, La Mesa Woman Says Paving Company Forced Her to Pay for Unfinished Driveway, San Diego Lands on Top 20 List of Happiest Places to Live,' Other San Diego Cities on List, Wife of Missing Wild 94.9 Host Indicates JV Will Not Be Coming Back'. Moreover, both parties acknowledge that potential consumers in the real estate industry exercise a high degree of due diligence in their dealings. In finding no secondary meaning, the court emphasized that the plaintiff's symbol was not prominently displayed in its advertisements. The real estate investment firm, currently in escrow on the Westfield-owned property, will strip the 33-year-old mall of its longstanding retail roots in favor of an all-inclusive, upscale work-and-play environment, according to multiple local community stakeholders who have been briefed on the firms plans. focused on structured investment opportunities. This factor is neutral. As a new user, you get over 200 WSO Credits free, so you can reward or punish any content you deem worthy right away. 53 at 15). In late January, three of its hotels were in foreclosure and the firm had at least $1.3 billion in CMBS debt, Bloomberg reported. Two Pesos, 505 U.S. at 769. is not active anymore since 2001-05-24 due to Merger - Without Assistance. The new owner of The Shops at Northfield has added the real estate occupied by Macy's. An entity affiliated with Los Angeles-based Stockdale Capital Partners paid $8 million last week for the Macy's property at 8298 Northfield Blvd. KEITH P. ELLISON UNITED STATES DISTRICT JUDGE. No. It's a lofty vision that depends on high-profile tenants committing to the project and can be only realized once Stockdale Capital closes the transaction. Capital preservation through proven, experienced risk management. (Doc. Katrina has 7 jobs listed on their profile. All. 53 at 16). Cir. Agric. of Law, 214 F. Supp. Plaintiff was not in fact involved with that deal. Plaintiff learned of Defendants in 2017 after a broker from a real estate investment firm contacted Plaintiff to inquire whether they were involved in marketing a pending deal. 41-4 at 117), (Doc. CIVIL ACTION NO. new homes for sale in gonzales, la; jfk airport covid testing requirements; norman, ok mayor political party; switzerland cemetery records; While the Jon Jerde-designed center attracts almost no customers today, it does attract lawsuits. 53). All. Bd. . The firm did not respond to multiple requests for comment. Ahigh-density project like the Campus at Horton could bring thousands of jobs downtown and lift up surrounding neighborhoods, Michaels said, similar to development that has occurred in San Franciscos Transbay district, Chicagos West Loop and Scottsdales Old Town. A defensive stalwart, Oswego Easts Tyler Jasek surprises Joliet West. Plaintiff claims that the current value of its real estate holdings is in excess of $150 million, and that since 2013 it has expended approximately $75 million in real estate acquisitions. 53 at 15). Vel assumenda harum laborum alias. To determine whether a mark has acquired secondary meaning, the Fifth Circuit considers the following factors: To support its contention that it has acquired secondary meaning, Plaintiff provides evidence that it has used the "Stockdale" mark continuously for the past thirty years since its inception in 1989. San Diego Union-Tribune reporter Jennifer Van Grove joins Midday Edition to explain the lawsuits and and the cutrrent status of the mall. Acquisitions Professionals - Any Activity? Defendants are also "involved in leasing and property management operations, but only as it relates to themselves for their own or their affiliates' properties." The Court agrees. Bulbs 4 East Side, Inc. v. Ricks, 199 F. Supp. Kurt Petersen, co-president of Unite Here Local 11, said he was excited to work with Stockdale, adding union members want peace, not to continue the war.. Keep up with all the latest news, arts and culture, and TV highlights from KPBS. To prevail on a trademark infringement claim under the Lanham Act, 15 U.S.C. See In re Hutchinson Tech. Summary judgment is proper when there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law. The shopping centers decline was expedited by years of indecision on the part of owner-operator Westfield, which is now itself the property of French real estate firm Unibail-Rodamco. LOS ANGELES - May 18, 2021 - Stockdale Capital Partners ("Stockdale"), a Los Angeles based, vertically-integrated real estate investment firm, announced that it acquired the JW Marriott Santa Monica Le Merigot in a deal that closed on May 11, 2021. That process may hinge around a. Plaintiff cites to an email and the depositions of individuals who work in the real estate industry and are familiar with Plaintiff to show that people confused Defendants and Plaintiff. The company is an owner-operator specializing . This factor is neutral. Please visit our associate and lateral pages to learn more about the positions and a career at Baird Holm. Stockdale Capital Partners, LLC 6 years 1 month Managing Director May 2022 - Present9 months Los Angeles Metropolitan Area Vice President Asset Management Jan 2017 - Present6 years 1 month. Plaintiff Walter F. Jones filed his lawsuit against J.G. 10850 Wilshire Blvd Ste 1050, Los Angeles, California, 90024, United States. In a trademark case, "[a]lthough the secondary meaning of a mark and the likelihood of confusion are ordinarily questions of fact, summary judgment may be upheld if the summary judgment record compels the conclusion that the movant is entitled to judgment as a matter of law." No. They contended Columbia Sussex accepted $63 million in PPP funding intended to keep workers employed, but ended up laying off thousands of people. Edward Kaen has been working at Stockdale Capital Partners for 4 years. The Company invests, owns, and operates multiple asset classes. The total square footage of the properties, located at 9090 Wilshire. A mark develops secondary meaning "when, in the minds of the public, the primary significance of [the mark] is to identify the source of the product rather than the product itself." Id. Stockdale Capital Partners serves customers in the States . In Morrisville, North Carolina, the Spark LS development, a $1B, 109-acre campus project by Starwood Capital Group and Trinity Capital, will spread 1.5M SF of lab space across more than a dozen . No. for Good Gov't, 901 F.3d at 508. A genuine issue of material fact exists if a reasonable jury could enter a verdict for the non-moving party. 34-2 8). Complaint in Saba Capital CEF Opportunities 1 Ltd., of the Cayman Islands, and Saba Capital Management LP, of Delaware v. Nuveen Floating Rate Income Fund, Nuveen Floating Rate Income Opportunity Fund, Nuveen Short Duration Credit Opportunities Fund, Nuveen Global High Income Fund, Nuveen Senior Income Fund, Terence J. Toth, Jack B. Evans, William C. Hunter, Albin F. Moschner, John K. Nelson . (function($) {window.fnames = new Array(); window.ftypes = new Array();fnames[0]='EMAIL';ftypes[0]='email';fnames[1]='FNAME';ftypes[1]='text';fnames[2]='LNAME';ftypes[2]='text';}(jQuery));var $mcj = jQuery.noConflict(true); All writing and photos by Josie Zimmerman Bell unless otherwise credited |, southern baptist beliefs on the holy spirit, matlab programming exercises and solutions pdf. Along the canal, Stockdale . No. Stockdale plans to redevelop the mall into a $275 million high-tech office space with fitness studios and restaurants on the ground floor. Located in Scottsdale, Arizona, the new multi-family development will incorporate 260 units. Alpha generated through enhanced property-level operations. Plaintiff relocated its headquarters to Texas in 2012. Redevelopment of Horton Plaza in downtown San Diego is ramping up with a $330 million loan secured by Stockdale Capital Partners with a group of funds managed by Alliance Bernstein. Deleniti a sapiente doloribus et rerum. A judge issued a temporary restraining order Monday and scheduled a July [] Natural foods grocer Jimbo's filed a Superior Court lawsuit in May of last year and Macy's filed a Superior Court lawsuit earlier this month. No. However, proof of a defendant's intent is not required to establish trademark infringement. 20 Stockdale jobs available on Indeed.com. betaadjusted RE. The company in January reached a settlement of a lawsuit that had been filed by Macys. Now that the hotel has a new owner, the union has higher hopes. Descriptive marks are not inherently distinctive because they merely "identif[y] a characteristic or quality of an article or service, such as its color, odor, function, dimensions, or ingredients." According to Pop Culture Crime, the Stockdale family of Beach City, Ohio, was one of the more aggressively traditional and wholesome families to ever appear on "Wife Swap." Going Vertical Indep. The mall opened in 1985 but has grown obsolete Plaintiff contends that the mark is arbitrary. The decision to close, which is being characterized as temporary, comes as Someck continues his nearly two-year legal tussle with Horton owner Stockdale Capital Partners over the terms of the . They proposed an "innovation hub" focused on technology and biotechnology companies. 300,000 square feet to make room for offices. Los Angeles-based Stockdale's planned $275 million . No. Stockdale Capital Partners is now laying the groundwork to transform Horton Plaza into San Diego's next big economic windfall: a modern office campus. The Court evaluates each in turn. The product of builder Ernest W. Hahn, Horton Plaza opened in 1985 to national acclaim. in the face of competition from online shopping outlets. The open air shopping center at 8340 Northfield Blvd. No. Stockdale Capital Partners announced that it has reached a settlement with Macy's that will allow the company to proceed with the $275 million redevelopment of Horton Plaza in downtown San. This is a trademark infringement and unfair competition dispute between Plaintiff Stockdale Investment Group d/b/a Stockdale ("Plaintiff") and Defendants, Stockdale Capital Partners, LLC and its affiliated companies (collectively "Defendants"), over the use of "Stockdale." Before the Court is Defendants' Motion for Summary Judgment. (Doc. Pat Finn previously served as a producer for KPBS Midday Edition and KPBS Evening Edition. Xtreme Lashes, LLC, 576 F.3d at 228. 1051 et seq., a plaintiff must show, first, ownership of a legally protectable mark and, second, a likelihood of confusion created by an infringing mark. The California-based investment firm owns hotels in Scottsdale, Arizona, and medical and office space in California. Shriners Hospital, which occupied the space for over 50 years, moved to a $77-million outpatient facility in Pasadena. See you on the other side! Disciplined, effective property operations and improvements. The American Civil Liberties Union's West Virginia chapter filed a federal lawsuit last week. (Doc. Id. About Stockdale Capital Partners Founded in 2010, Stockdale Capital Partners is a real estate investment firm with 214 years of combined experience. Such associational confusion is particularly pertinent where, as here, both parties are real estate companies employing the name "Stockdale" with logos containing similar color schemes. - Advertisement - To determine whether such a likelihood of confusion exists, courts consider a non-exhaustive list of so-called "digits of confusion," including: (1) strength of the mark, (2) mark similarity, (3) product or service similarity, (4) outlet and purchaser identity, (5) advertising media identity, (6) defendant's intent, (7) actual confusion, and (8) care exercised by potential purchasers. Rabobank was the successor institution. Lincoln Property Company (LPC), one of the largest full-service real estate firms in the United States - owning and managing over 400 million square . Given that Plaintiff has undisputedly used the mark for thirty years, has sizeable real estate market value, engages in widespread advertising and promotional efforts, and has received at least some media recognition, Plaintiff has established a genuine fact as to whether its mark has acquired secondary meaning. Horton Plaza is obviously critical to downtown. No. Stockdale Capital Partners, a Los Angeles-based opportunistic real estate investor, paid $175 million for the beleaguered Horton Plaza in the heart of downtown San Diego last week and plans to. Stockdale Capital Partners purchased a 175-key hotel. (Doc. can you smoke on royal caribbean cruise ships stockdale capital lawsuit. The news came less than two . 41-1 at 105-07); it pays for membership in industry groups such as the Urban Land Institute (Doc. Next door to Horton Plaza, British Columbia-based Bosa Developmentis planning a major redevelopment of the Paladion building to make way for 162,000 square feet of creative office space. Could more local solutions work. SIGNED at Houston, Texas, on this the 15th of October, 2019. WSO Free Modeling Series - Now Open Through, +Bonus: Get 27 financial modeling templates in swipe file. Finn began her career in broadcasting at KTLA and KCET in Los Angeles. Macy's Continues Lawsuit Against Horton Plaza Redevelopment, News study outlines air pollution from Tijuana sewage, Art Show: 'The Possibility of Something Happening', MASTERPIECE CLASSIC: The Mystery Of Edwin Drood, Current rainy season could be a drought buster, forecaster says, Settlement reached in Tijuana sewage lawsuit, Brittney Griner urges the return of U.S. detainees abroad at NAACP Image Awards, Washington state attorney general says FDA rules on abortion drug are unreasonable, An Arizona driver is in custody after crashing into bicycling group, killing 2, How Cardiff's new farmers market may help keep small farms in business, San Diego officials work to stop elephant poaching. Defendants contend that "Stockdale" is at best merely descriptive because it is a surname and because it is geographically descriptive. Jade also had the opportunity to cover international news and was able to travel to South Africa during the 2010 World Cup. 41-1 at 112). 53 at 18). Bill Doak has more than 30 years of hospitality industry experience, with senior leadership roles in at 248. Renamed The Campus at Horton, the redeveloped mall will include 700,000 square feet of office space and 300,000 square feet of retail. in Denver, according to public records. To prevail on its infringement claim, Plaintiff must also show that "the defendant's use of the mark creates a likelihood of confusion in the minds of potential customers as to the source, affiliation, or sponsorship of the product at issue." Founded in 2010, Stockdale Capital Partners is a real estate investment firm focused on owning and acquiring assets in the western United States. The Campus at Horton will include 700,000 square feet ofoffice space that will be home to 3,000-4,000 new high-quality jobs. Amazing Spaces, Inc. v. Metro Mini Storage, 608 F.3d 225, 237 (5th Cir. Macy's is not sold on the idea. 41 at 5). 1052(e); World Carpets, Inc. v. Dick Littrell's New World Carpets, 438 F.2d 482, 487 (5th Cir. 1225(a), unfair competition under 15 U.S.C. February 22, 2017. 34-5 at 138:15-24). For the foregoing reasons, the Court DENIES Defendants' Motion for Summary Judgment. Marriott Le Merigot in Santa Monica for $75 million in May, around $428,600 per room. RP 74. capital or securities . Jade Hindmon is KPBS Midday Edition co-host. Plaintiff provides only tenuous evidence that consumers have confused Defendants' junior mark for Plaintiff's senior mark. No. Prior to making San Diego home, Jade worked in markets across the Southeast and Midwest, building a network of sources to tell the stories of people in each community. Every story is a dose of insight into how to run a better, more efficient, more profitable business. The new owners, Stockdale Capital Partners, bought Horton Plaza just over a year ago and have. The refit of Anodyne began when an American owner acquired a 98-foot (approximately 29.9-meter) Inace motoryacht in 2014, then-named Boundless. Stockdale Capital Partners announced the agreement reached with Macy's to allow the downtown San Diego project to move forward. Westwood-based Stockdale Capital Partners recently secured a $550 million real estate opportunity fund called SCP Real Estate Opportunities Fund I. The Marker, a 208-key hotel built in 1910, is blocks away from Union Square and the Moscone Convention Center. Gary Stockdale is known for Star Trek Beyond (2016), Mamma Mia! Stockdale Capital Partners. It further contends that there is no likelihood of confusion between Plaintiff and Defendants' marks. 41-2 3). Our vertically-integrated real estate investment group focuses on profitable opportunities within the Western United States. The sophistication and diligence involved in real estate dealings weigh against a likelihood of confusion. WSO depends on everyone being able to pitch in when they know something. Every day online and each Monday in print, the Business Journal reports on how local business operate and why businesses leaders make the decisions they do. Earlier this month, Macy's West Stores, Inc. had filed a lawsuit against Stockdale Capital Partners, the Los Angeles-based real estate investment firm that purchased the Jon Jerde -designed. It could add an additional 1.5 million square feet of office space and other amenities down the road. 4:18-cv-2949 (S.D. Stockdale Capital Partners announced that it has Stockdale Capital Partners is part of the Real Estate industry, and located in California, United States. 34-8 at 2). Voluptates quis est qui aut nulla. Copyright 2023 NBCUniversal Media, LLC. "Stockdale" was chosen as a reference to Stockdale, California, where the company was founded. 41-9). Tex. V. Houston Coll. 101 Investment Banking Interview Questions, Financial Modeling & Valuation 2-Day Bootcamp OPEN NOW - Only 15 Seats, Venture Capital 4-Hour Bootcamp - Sat April 1st - Only 15 Seats, Excel Master 4-Hour Bootcamp OPEN NOW - Only 15 Seats, Venture Capital 4-Hour Bootcamp - Sat May 20th - Only 15 Seats, 6 courses to mastery: Excel, Financial Statement, LBO, M&A, Valuation and DCF, Elite instructors from top BB investment banks and private equity megafunds, Includes Company DB + Video Library Access (1 year). Stockdale Capital Partners has sold two medical office properties in Beverly Hills and Santa Monica in a $156 million deal. Monday, Nov 28, 2022 . Stockdale Capital has been on a trading spree. Stockdale Capital Partners, LLC Nov 2022 - Present 5 months. Because Plaintiff's mark is merely descriptive, it is protectable only if it has acquired secondary meaning. Viacom Int'l, 891 F.3d at 193. Tex. "Stockdale" was chosen as a reference to Stockdale, California, where the company was founded. Stockdale acquired the mall in 2018 from Home; About us; Partner With Us; Contact Us; Sign Up; average 40 year old woman wrinkles . Stockdale plans to convert the mall that sparked development of the Gaslamp Quarter into a mixed-use development centered on new offices. Although this lawsuit and others (Jimbo's Natural Foods is also suing) do not comment on preserving . P. 56(a). Stockdale Capital Partners announced that it has reached a settlement with Macy's that will allow the company to proceed with the $275 million redevelopment of Horton Plaza in downtown San Diego. Century, 295 Fed. Defendant's intent. Wage theft is commonplace in San Diego. Earnhardt v. Kerry Earnhardt, Inc., 864 F.3d 1374, 1377 (Fed. Field, flows and flares - horizontal drilling good-to-go. While there, she launched The Weekend Edition of Good Morning Indiana and generated breaking news content for both broadcast and digital platforms. Stockdale Capital Partners, a Los Angeles-based opportunistic real estate investor, paid $175 millionfor the beleaguered Horton Plaza in the heart of downtown San Diego last week and plans to convert the mall into a mixed-use office and retail development that will cater to technology and creative companies. . Where the likelihood-of-confusion analysis is closely balanced, the question should be resolved in favor of the senior user. PublishedOctober 21, 2019 at 10:00 AM PDT. stockdale capital lawsuit In 2018, Stockdale Capital Partners purchased the property and announced plans to develop it into an office park and tech campus. Tex. At what point is it worth leaving your job and running your own firm? The Court addresses each in turn. See, e.g., (Doc. See, e.g. Stockdale acquired the mall in 2018 from Westfield for $175 million. (Courtesy Stockdale Capital Partners) The project, named The Campus at Horton, . . Excited to kick off 2023 with the news that Cain has been nominated in two categories for Real Estate . However, while empirical evidence such as consumer surveys is the strongest evidence of secondary meaning, it is not required. Both programs also aired on public television stations nationwide. Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). Defendants "are primarily focused on the acquisition and development of real estate for commercial uses" and seek investments from "ultra-high net worth individuals." Defendants "are a family of real estate investment, development, and management companies headquartered in Los Angeles." No. Id. And a day-to-night ambience, complete with an upgraded Lyceum Theater, is intended to be inviting for workers, downtown dwellers and Gaslamp visitors. (Stockdales) plan is thoughtful. However, Amazing Spaces is materially distinguishable. The goal of this section is to provide consumers with a comprehensive resource on class action and mass tort lawsuits. No. The center was sold by Australian investment firm QIC, which purchased it in late 2017 as part of a larger deal with . Id. Stockdale Capital Partners has until December 2022 to deploy a $550 million fund it closed in February of last year, according to Dan Michaels, managing director of the Los Angeles-based private . The lawsuit says the plaintiff, the owner of a Virginia plumbing business who allegedly paid the defendants "a staggering $347,075 in interest" in less than a year and an additional $68,494 in ACH program fees, is a prime example of "both the destruction of small businesses and the devastation to their individual owners and families." Rendering courtesy of Stockdale Capital Partners The company purchased Horton Plaza, a once-vibrant downtown mall, from Westfield in August 2018, with the intention of transforming the post-modern buildings into a life science destination encompassing 770,000 square feet of office space. Future owner Stockdale Capital Partners is now laying the groundwork to transform the 900,000-square-foot shopping center into San Diegos next big economic windfall: a modern office campus. It also pointed to the absence of survey evidence and the fact that the consumer declarations showed that their confusion stemmed from the overall architecture of the facilities, not from the similarity of the plaintiff's and defendant's symbols. Partner at Stockdale Capital Partners Los Angeles, California, United States 59 followers 41 connections Join to connect University of Pennsylvania - The Wharton School Activity We're. To determine whether a mark is distinctive, marks are often classified into categories of generally increasing distinctiveness: they may be (1) generic, (2) descriptive, (3) suggestive, (4) arbitrary, or (5) fanciful. vintage canvas 'painting ideas. (Doc. Parents . 27, 2017) (quoting Am Rice, 518 F.3d at 332)). That process may hinge around a successful resolution to a lawsuit brought against Westfield in late May by disgruntled Horton Plaza tenant Jimbos. 2d 679, 698 (S.D. reached a settlement with Macys that will allow the company to proceed with In each newsletter, we also highlight settlements that are ending soon, helping to ensure you don't miss out on money you're owed. Cafferty, who has seen renderings of the proposed office park, describes a destination where Hortons large anchor stores are repurposed as individual offices with high ceilings, lots of light and the large floor plans coveted by todays youthful tech companies. institutions including The Carlyle Group, Highbridge Capital and Morgan Stanley.