In Re: Navient Solutions, LLC
| New York Southern District Court | |
| Judge: | John G Koeltl |
| Case #: | 1:21-cv-02897 |
| Nature of Suit | 422 Bankruptcy - Appeal 28 USC 158 |
| Cause | 28:0158 Notice of Appeal re Bankruptcy Matter (BA |
| Case Filed: | Apr 05, 2021 |
| Terminated: | Mar 23, 2022 |
| Case in other court: | USBC-SDNY, 21-B-10249 (MG) |
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Debtor
Navient Solutions, LLC
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| Last checked: Saturday Oct 02, 2021 8:32 AM EDT |
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ADR Provider
Law Offices of Michael B. Wolk, P.C.
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Represented By
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ADR Provider
Public Interest Capital, LLC
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Represented By
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ADR Provider
Michael B Wolk
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Represented By
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Appellant
Sarah Bannister
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Represented By
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Appellant
Brandon Hood
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Represented By
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Appellant
LaBarron Tate
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Represented By
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Appellee
Navient Solutions, LLC
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Represented By
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In Re
Navient Solutions, LLC
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| Docket last updated: 3 hours ago |
| Wednesday, June 07, 2023 | ||
| 37 | 37
appeal
USCA Mandate
Wed 06/07 10:58 AM
MANDATE of USCA (Certified Copy) as to36 Notice of Appeal, filed by LaBarron Tate, Brandon Hood, Sarah Bannister USCA Case Number 22-1376 UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment and order of the district court, entered March 23, 2022, and the order of the same court denying a motion for reconsideration, entered May 12, 2022, are AFFIRMED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 06/07/2023..(nd) |
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appeal
Transmission of USCA Mandate/Order to District Judge
Wed 06/07 11:01 AM
Transmission of USCA Mandate to the District Judge re:37 USCA Mandate,,..(nd) |
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| Tuesday, June 28, 2022 | ||
| 36 | 36
appeal
Notice of Appeal
Tue 06/28 11:06 AM
NOTICE OF APPEAL from31 Order, Set Deadlines,,34 Memorandum & Opinion,. Document filed by Sarah Bannister, Brandon Hood, LaBarron Tate. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Smith, Austin) |
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Att: 1
Exhibit A (judgment and order affirming bankruptcy court dated March 23, 2022),
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Att: 2
Exhibit B (order denying motion for rehearing dated May 12, 2022)
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misc
Notice to Attorney Regarding Deficient Appeal
Tue 06/28 10:48 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Austin Smith to RE-FILE Document No. 35 Notice of Appeal. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected. Re-file the appeal using the event type Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed - Do Not Pay the Appeal Fee Again. (tp) |
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appeal
Appeal Fee Paid via Pay.gov
Tue 06/28 11:45 AM
Appeal Fee Paid electronically via Pay.gov: for36 Notice of Appeal. Filing fee $ 505.00. Pay.gov receipt number BNYSDC-26267413, paid on 6/10/2022. (tp) |
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appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Tue 06/28 11:45 AM
Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re:36 Notice of Appeal. (tp) |
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appeal
Appeal Record Sent to USCA - Electronic File
Tue 06/28 11:46 AM
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for36 Notice of Appeal, filed by LaBarron Tate, Brandon Hood, Sarah Bannister were transmitted to the U.S. Court of Appeals. (tp) |
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| Friday, June 10, 2022 | ||
| 35 | 35
appeal
Notice of Appeal
Fri 06/10 1:01 PM
NOTICE OF APPEAL. Document filed by Sarah Bannister, Brandon Hood, LaBarron Tate. Filing fee $ 505.00, receipt number BNYSDC-26267413. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Smith, Austin) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| Thursday, May 12, 2022 | ||
| 34 | 34
8
pgs
order
Memorandum & Opinion
Thu 05/12 10:26 AM
MEMORANDUM OPINION AND ORDER re:30 MOTION for Reconsideration . filed by LaBarron Tate, Brandon Hood, Sarah Bannister. The Court has considered all of the arguments of the parties. To the extent not addressed above, the arguments are either moot or without merit. For the foregoing reasons, the motion for reconsideration is denied. The Clerk is directed to close ECF No. 30. SO ORDERED. (Signed by Judge John G. Koeltl on 5/11/2022) (kv) |
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| Monday, May 02, 2022 | ||
| 33 | 33
respm
Reply Memorandum of Law in Support of Motion
Mon 05/02 6:41 PM
REPLY MEMORANDUM OF LAW in Support re:30 MOTION for Reconsideration . . Document filed by Sarah Bannister, Brandon Hood, LaBarron Tate..(Smith, Austin) |
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| Thursday, April 21, 2022 | ||
| 32 | 32
respm
Response to Motion
Thu 04/21 4:14 PM
RESPONSE to Motion re:30 MOTION for Reconsideration . Navient's Response to Appellant's Motion for Rehearing . Document filed by Navient Solutions, LLC..(Husnick, Chad) |
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| Thursday, April 07, 2022 | ||
| 31 | 31
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pgs
order
Order ~Util - Set Deadlines
Thu 04/07 6:50 PM
ORDER: The appellee should respond to the motion for reconsideration by April 21, 2022. The appellants may reply by May 2, 2022. SO ORDERED. (Signed by Judge John G. Koeltl on 4/7/2022) ( Appellant Reply Brief due by 5/2/2022., Appellee Brief due by 4/21/2022.) (ks) |
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| Wednesday, April 06, 2022 | ||
| 30 | 30
motion
Reconsideration
Wed 04/06 9:36 PM
MOTION for Reconsideration . Document filed by Sarah Bannister, Brandon Hood, LaBarron Tate..(Smith, Austin) |
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| Wednesday, March 23, 2022 | ||
| 29 | 29
order
Judgment - Clerk
Wed 03/23 3:49 PM
CLERK'S JUDGMENT re:28 Memorandum & Opinion in favor of Navient Solutions, LLC against Brandon Hood, LaBarron Tate, Sarah Bannister. It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated March 23, 2022, the Court has considered all of the arguments of the parties. To the extent not addressed herein, the arguments are either moot or without merit. The orders of the bankruptcy court are affirmed; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/23/2022) (km) |
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Att: 1
Right to Appeal
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| 28 | 28
37
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order
Memorandum & Opinion
Wed 03/23 12:02 PM
MEMORANDUM OPINION AND ORDER re: denying4 MOTION to Withdraw Reference for a Mandatory Withdrawal of a Proceeding to the District Court under 28 U.S.C. 157(d) and for a temporary, status quo, stay under FRBP 5011(c) and/or FRBP 8007(e) and/or the inherent power of an Article III District filed by Michael B Wolk, Law Offices of Michael B. Wolk, P.C., Public Interest Capital, LLC. For these reasons, the motion to withdraw the reference to the bankruptcy judge is denied. The Court has considered all of the arguments of the parties. To the extent not addressed herein, the arguments are either moot or without merit. For the foregoing reasons, the orders of the bankruptcy court are affirmed. The Clerk is directed to close all pending motions and to close this case. SO ORDERED. (Signed by Judge John G. Koeltl on 3/23/2022) (tg) |
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| Thursday, February 10, 2022 | ||
| 27 | 27
19
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appeal
Appellants Reply Brief
Thu 02/10 6:36 PM
Appellant's REPLY BRIEF. Document filed by Sarah Bannister, Brandon Hood, LaBarron Tate..(Smith, Austin) |
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| Wednesday, January 26, 2022 | ||
| 26 | 26
78
pgs
appeal
Appellees Brief
Wed 01/26 4:50 PM
Appellee's BRIEF. Document filed by Navient Solutions, LLC. Appellant Reply Brief due by 2/9/2022..(Husnick, Chad) |
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| Tuesday, January 04, 2022 | ||
| 25 | 25
36
pgs
appeal
Appellants Brief
Tue 01/04 8:34 PM
Appellant's BRIEF. Document filed by Sarah Bannister, Brandon Hood, LaBarron Tate. Appellee Brief due by 2/3/2022..(Smith, Austin) |
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| 24 | 24
appeal
Designation of Bankruptcy Record on Appeal
Tue 01/04 8:30 PM
APPENDIX DESIGNATION OF BANKRUPTCY RECORD ON APPEAL Document filed by Appellants Sarah Bannister, Brandon Hood, LaBarron Tate..(Smith, Austin) |
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Att: 1
JA 240-269,
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Att: 2
JA 270-299,
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Att: 3
JA 300-315,
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Att: 4
JA 315-359,
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Att: 5
JA 360-395,
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Att: 6
JA 396-1283
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| 23 | 23
appeal
Appellants Brief
Tue 01/04 7:36 PM
Appellant's BRIEF. Document filed by Sarah Bannister, Brandon Hood, LaBarron Tate. Appellee Brief due by 2/3/2022..(Smith, Austin) |
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| Tuesday, December 07, 2021 | ||
| 22 | 22
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pgs
order
Order ~Util - Set Deadlines
Tue 12/07 11:27 AM
ORDER: A bankruptcy appeal in this action has been filed with the Court. It is hereby ordered that: 1. The appellant shall file and serve a brief with any supporting papers by January 4, 2022; 2. Response(s) to the appellant's brief shall be filed and served by January 26, 2022; 3. Replies to the response(s) shall be filed and served by February 10, 2022. SO ORDERED. (Signed by Judge John G. Koeltl on 12/6/2021) ( Appellant Brief due by 1/4/2022., Reply to Response to Brief due by 2/10/2022., Responses to Brief due by 1/26/2022) (ks) |
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| Tuesday, May 18, 2021 | ||
| 21 | 21
motion
Leave to Appeal
Wed 05/19 12:00 AM
MOTION for Leave to Appeal Document filed by Sarah Bannister..(Smith, Austin) |
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| Tuesday, April 27, 2021 | ||
| 20 | 20
3
pgs
order
Order on Motion for Extension of Time
Tue 04/27 5:58 PM
ORDER granting18 Letter Motion for Extension of Time. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 4/27/2021) (ks) |
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| Monday, April 26, 2021 | ||
| 19 | 19
respm
Response in Support of Motion
Mon 04/26 7:37 AM
LETTER RESPONSE in Support of Motion addressed to Judge John G. Koeltl from Michael B. Wolk, Esq. dated April 26, 2021 re:18 FIRST LETTER MOTION for Extension of Time for a Coterminous Extension pursuant to the Court's Scheduling Order issued two days ago [Dkt. 14] in a related matter addressed to Judge John G. Koeltl from Michael B. Wolk, Esq. dated April 23, 2021 . Document filed by Public Interest Capital, LLC..(Wolk, Michael) |
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| Friday, April 23, 2021 | ||
| 18 | 18
motion
Extension of Time
Fri 04/23 9:54 AM
FIRST LETTER MOTION for Extension of Time for a Coterminous Extension pursuant to the Court's Scheduling Order issued two days ago [Dkt. 14] in a related matter addressed to Judge John G. Koeltl from Michael B. Wolk, Esq. dated April 23, 2021. Document filed by Public Interest Capital, LLC..(Wolk, Michael) |
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| Wednesday, April 21, 2021 | ||
| 17 | 17
service
Certificate of Service Other
Wed 04/21 7:03 PM
CERTIFICATE OF SERVICE. Document filed by Navient Solutions, LLC..(Husnick, Chad) |
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| 16 | 16
respoth
Declaration in Support (non-motion)
Wed 04/21 6:32 PM
DECLARATION of Chad J. Husnick in Support re:15 Objection (non-motion),,. Document filed by Navient Solutions, LLC..(Husnick, Chad) |
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Att: 1
Exhibit A
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| 15 | 15
respoth
Objection (non-motion)
Wed 04/21 6:29 PM
Objection re:4 MOTION to Withdraw Reference for a Mandatory Withdrawal of a Proceeding to the District Court under 28 U.S.C. 157(d) and for a temporary, status quo, stay under FRBP 5011(c) and/or FRBP 8007(e) and/or the inherent power of an Article III District / Navient Solutions, LLC's Objection to Motion to Withdraw Reference for a Mandatory Withdrawal of a Proceeding to the District Court Under 28 U.S.C. § 157(D) . Document filed by Navient Solutions, LLC..(Husnick, Chad) |
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| 13 | 13
respm
Response to Motion
Wed 04/21 10:13 AM
LETTER RESPONSE to Motion addressed to Judge John G. Koeltl from Chad J. Husnick dated April 21, 2021 re:12 LETTER MOTION for Extension of Time addressed to Judge John G. Koeltl from Austin C. Smith dated 4/19/2021. . Document filed by Navient Solutions, LLC..(Husnick, Chad) |
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| Tuesday, April 20, 2021 | ||
| 14 | 14
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pgs
order
Order on Motion for Extension of Time
Wed 04/21 11:05 AM
ORDER granting12 Letter Motion for Extension of Time. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 4/20/2021) (ks) |
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| Monday, April 19, 2021 | ||
| 12 | 12
motion
Extension of Time
Mon 04/19 11:32 PM
LETTER MOTION for Extension of Time addressed to Judge John G. Koeltl from Austin C. Smith dated 4/19/2021. Document filed by Sarah Bannister, Brandon Hood, LaBarron Tate..(Smith, Austin) |
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| 11 | 11
service
Certificate of Service Other
Mon 04/19 6:01 PM
CERTIFICATE OF SERVICE. Document filed by Navient Solutions, LLC..(Husnick, Chad) |
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| Friday, April 16, 2021 | ||
| 10 | 10
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pgs
order
Order on Motion to Stay
Fri 04/16 5:12 PM
ORDER denying5 Motion to Stay re:5 EMERGENCY LETTER MOTION to Stay re:4 MOTION to Withdraw Reference for a Mandatory Withdrawal of a Proceeding to the District Court under 28 U.S.C. 157(d) and for a temporary, status quo, stay under FRBP 5011(c) and/or FRBP 8007(e) and/or t. For the reasons explained on the record at today's teleconference, the application for an emergency stay in ECF No. 5 is denied. SO ORDERED.. (Signed by Judge John G. Koeltl on 4/16/2021) (ks) |
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| 9 | 9
respm
Reply to Response to Motion
Fri 04/16 11:45 AM
LETTER REPLY to Response to Motion addressed to Judge John G. Koeltl from Michael B. Wolk, Esq. dated April 16, 2021 re:4 MOTION to Withdraw Reference for a Mandatory Withdrawal of a Proceeding to the District Court under 28 U.S.C. 157(d) and for a temporary, status quo, stay under FRBP 5011(c) and/or FRBP 8007(e) and/or the inherent power of an Article III District, 5 EMERGENCY LETTER MOTION to Stay re: 4 MOTION to Withdraw Reference for a Mandatory Withdrawal of a Proceeding to the District Court under 28 U.S.C. 157(d) and for a temporary, status quo, stay under FRBP 5011(c) and/or FRBP 8007(e) and/or t . Document filed by Public Interest Capital, LLC..(Wolk, Michael) |
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| 8 | 8
respm
Response to Motion
Fri 04/16 8:27 AM
LETTER RESPONSE to Motion addressed to Judge John G. Koeltl from Chad J. Husnick dated April 16, 2021 re:5 EMERGENCY LETTER MOTION to Stay re:4 MOTION to Withdraw Reference for a Mandatory Withdrawal of a Proceeding to the District Court under 28 U.S.C. 157(d) and for a temporary, status quo, stay under FRBP 5011(c) and/or FRBP 8007(e) and/or t . Document filed by Navient Solutions, LLC..(Husnick, Chad) |
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minutes
Oral Argument
Tue 04/20 3:41 PM
Minute Entry for proceedings held before Judge John G. Koeltl: Oral Argument held on 4/16/2021 re:5 EMERGENCY LETTER MOTION to Stay re:4 MOTION to Withdraw Reference, for a Mandatory Withdrawal of a Proceeding to the District Court under 28 U.S.C. 157(d) and for a temporary, status quo, stay under FRBP 5011(c) and/or FRBP 8007(e) and/or t. Filed by Public Interest Capital, LLC. (Fletcher, Donnie) |
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| Thursday, April 15, 2021 | ||
| 7 | 7
notice
Notice of Appearance
Thu 04/15 7:24 PM
NOTICE OF APPEARANCE by Chad John Husnick on behalf of Navient Solutions, LLC..(Husnick, Chad) |
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| 6 | 6
1
pgs
order
Order ~Util - Set Deadlines/Hearings
Thu 04/15 4:42 PM
ORDER: The parties are directed to appear for a teleconference on Friday, April 16, 2021 at 3:30 p.m. by dialing 888-363-4749, code 8140049. Navient Solutions, LLC is directed to submit a response to the motion for an emergency stay by 9:00 a.m. on April 16, 2021. SO ORDERED. (Signed by Judge John G. Koeltl on 4/15/2021) ( Responses due by 4/16/2021, Telephone Conference set for 4/16/2021 at 03:30 PM before Judge John G. Koeltl.) (ks) |
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| 5 | 5
motion
Stay
Thu 04/15 10:05 AM
EMERGENCY LETTER MOTION to Stay re:4 MOTION to Withdraw Reference for a Mandatory Withdrawal of a Proceeding to the District Court under 28 U.S.C. 157(d) and for a temporary, status quo, stay under FRBP 5011(c) and/or FRBP 8007(e) and/or the inherent power of an Article III District, 1 Bankruptcy Appeal, addressed to Judge John G. Koeltl from Michael B. Wolk, Esq. dated April 15, 2021. Document filed by Public Interest Capital, LLC..(Wolk, Michael) |
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| Wednesday, April 14, 2021 | ||
| 4 | 4
motion
Withdraw Reference
Wed 04/14 4:36 PM
MOTION to Withdraw Reference for a Mandatory Withdrawal of a Proceeding to the District Court under 28 U.S.C. 157(d) and for a temporary, status quo, stay under FRBP 5011(c) and/or FRBP 8007(e) and/or the inherent power of an Article III District Court . Document filed by Public Interest Capital, LLC, Law Offices of Michael B. Wolk, P.C., Michael B Wolk..(Wolk, Michael) |
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Att: 1
Supplement Memorandum of Law in Support of Motion for a Mandatory Withdrawal of a Proceeding to the District Court under 28 U.S.C. 157(d) and for a temporary, status quo, stay under FRBP 5011(c) and/or FRBP 80907(e) and/or the inherent power of an Article III District Court,
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Att: 2
Affidavit Attorney Document Declaration of Michael B. Wolk in Support of Motion,
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Att: 3
Exhibit Exhibit A,
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Att: 4
Exhibit Exhibit B,
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Att: 5
Exhibit Exhibit C,
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Att: 6
Exhibit Exhibit D,
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Att: 7
Exhibit Exhibit E,
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Att: 8
Exhibit Exhibit F,
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Att: 9
Exhibit Exhibit G
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| Thursday, April 08, 2021 | ||
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utility
Case Declined as Not Related
Thu 04/08 9:18 AM
CASE DECLINED AS NOT RELATED. Case referred as related to 20cv4458 and declined by Judge Mary Kay Vyskocil and returned to wheel for assignment. (wb) |
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notice
Notice of Case Assignment/Reassignment
Thu 04/08 9:20 AM
NOTICE OF CASE REASSIGNMENT to Judge John G. Koeltl. Judge Unassigned is no longer assigned to the case..(wb) |
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utility
Case Designation
Thu 04/08 9:20 AM
Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (wb) |
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| Monday, April 05, 2021 | ||
| 3 | 3
misc
Statement of Relatedness
Mon 04/05 5:44 PM
STATEMENT OF RELATEDNESS re: that this action be filed as related to 20-cv-4458. Document filed by Sarah Bannister, Brandon Hood, LaBarron Tate.(bkar) |
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| 2 | 2
misc
Civil Cover Sheet
Mon 04/05 5:38 PM
CIVIL COVER SHEET filed. (bkar) |
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| 1 | 1
appeal
Bankruptcy Appeal
Mon 04/05 5:35 PM
NOTICE OF APPEAL FROM THE BANKRUPTCY COURT TO THE S.D.N.Y. from the Order of Judge Martin Glenn dated March 12, 2021. Bankruptcy Court Case Numbers: 21-B-10249 (MG). Certified copies of file received.Document filed by LaBarron Tate, Brandon Hood, Sarah Bannister.(bkar) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D
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utility
Bankruptcy Appeal Referred as Possibly Related/Similar - Atty
Mon 04/05 5:42 PM
BANKRUPTCY APPEAL CASE REFERRED BY ATTORNEY TO Judge Mary Kay Vyskocil as possibly related to 20-cv-4458. (bkar) |
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utility
Case Designated ECF
Mon 04/05 5:44 PM
Case Designated ECF. (bkar) |
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