In Re: Bernard L. Madoff Investment Securities LLC
| Susanne Stone Marshall, Russell Oasis, Marsha Peshkin and Adele Fox |
| Irving H. Picard and Picower Parties |
| Bernard L. Madoff Investment Securities LLC |
| 1:2014cv06790 |
| August 21, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| John G Koeltl |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 0158 |
| None |
Docket Report
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| Filing 37 MANDATE of USCA (Certified Copy) as to #36 Notice of Appeal, filed by Russell Oasis, Susanne Stone Marshall, Adele Fox, Marsha Peshkin. USCA Case Number 15-1869. Ordered that the appeal is DISMISSED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/09/2015. (nd) |
| Filing 36 NOTICE OF APPEAL from #35 Clerk's Judgment,, #34 Memorandum & Opinion,,. Document filed by Adele Fox, Susanne Stone Marshall, Russell Oasis, Marsha Peshkin. Filing fee $ 505.00, receipt number 0208-11015826. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Chaitman, Helen) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #36 Notice of Appeal, filed by Russell Oasis, Susanne Stone Marshall, Adele Fox, Marsha Peshkin were transmitted to the U.S. Court of Appeals. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #36 Notice of Appeal. (tp) |
| Filing 35 CLERK'S JUDGMENT: it is ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion dated May 11, 2015 (Doc. # 34), the bankruptcy court's Order enjoining the appellants from filing the New Fox Complaint in the United States District Court for the Southern District of Florida is AFFIRMED. This Opinion and Order finally disposes of the above captioned appeal. (Signed by Clerk of Court Ruby Krajick on 5/21/2015) (Attachments: #1 Right to Appeal Attachment 1, #2 Right to Appeal Attachment 2)(tn) |
| Terminate Transcript Deadlines (tn) |
Filing 34
OPINION AND ORDER #105504. The Court has considered all of the arguments raised by the parties. To the extent not specifically addressed, the arguments are either moot or without merit. The bankruptcy court's Order enjoining the appellants from filing the New Fox Complaint in the United States District Court for the Southern District of Florida is AFFIRMED. This Opinion and Order finally disposes of the above captioned appeal. The Clerk is directed to close this case and to close any open motions. (Signed by Judge John G. Koeltl on 5/11/2015) (rjm) Modified on 5/12/2015 (ca).
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| Transmission to Judgments and Orders Clerk. Transmitted re: #34 Memorandum & Opinion to the Judgments and Orders Clerk. (rjm) |
| Filing 33 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 4/9/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 32 TRANSCRIPT of Proceedings re: conference held on 4/9/2015 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Steven Griffing, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/1/2015. Redacted Transcript Deadline set for 6/11/2015. Release of Transcript Restriction set for 8/10/2015.(McGuirk, Kelly) |
| Filing 31 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference corrected proceeding held on 4/7/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 30 TRANSCRIPT of Proceedings re: conference corrected held on 4/7/2015 before Judge John G. Koeltl. Court Reporter/Transcriber: Linda Fisher, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/1/2015. Redacted Transcript Deadline set for 6/11/2015. Release of Transcript Restriction set for 8/10/2015.(McGuirk, Kelly) |
| Filing 29 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 4/7/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Grant, Patricia) |
| Filing 28 TRANSCRIPT of Proceedings re: Conference held on 4/7/2015 before Judge John G. Koeltl. Court Reporter/Transcriber: Linda Fisher, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/18/2015. Redacted Transcript Deadline set for 5/29/2015. Release of Transcript Restriction set for 7/27/2015.(Grant, Patricia) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Oral Argument held on 4/7/2015 re: #1 Bankruptcy Appeal, filed by Russell Oasis, Susanne Stone Marshall, Adele Fox, Marsha Peshkin. (Fletcher, Donnie) |
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Filing 27
ORDER. The parties should provide the Court promptly with courtesy copies of all of the papers in connection with the Rule 27 petition. The Court will hear argument on the Bankruptcy Appeal and the Rule 27 petition on April 7, 2015, at 2:30 p.m. The Court will decide the Rule 27 petition soon afterwards. (Oral Argument set for 4/7/2015 at 02:30 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 3/24/2015) (rjm)
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| Filing 26 NOTICE OF CHANGE OF ADDRESS by Jennifer Marie Opheim on behalf of Picower Parties. New Address: Schulte Roth & Zabel LLP, 919 Third Avenue, New York, NY, USA 10022, 212-756-2000. (Opheim, Jennifer) |
| Filing 25 Appellant's REPLY BRIEF. Document filed by Adele Fox, Susanne Stone Marshall, Russell Oasis, Marsha Peshkin. (Chaitman, Helen) |
| Filing 24 Appellee's BRIEF. Document filed by Picower Parties. Appellant Reply Brief due by 11/10/2014. (Harris, Marcy) |
| Filing 23 Appellee's BRIEF. Document filed by Irving H. Picard. Appellant Reply Brief due by 11/10/2014. (Sheehan, David) |
| Filing 22 Appellant's BRIEF. Document filed by Adele Fox, Susanne Stone Marshall, Russell Oasis, Marsha Peshkin. Appellee Brief due by 10/10/2014. (Chaitman, Helen) |
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Filing 21
STIPULATION AND ORDER FURTHER MODIFYING BRIEFING SCHEDULE: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN THE PARTIES: The Appellants' briefs shall be due on or before September 26, 2014. The Appellees' briefs shall be due on or before October 27, 2014. The Appellants' reply briefs shall be due on or before November 10, 2014. And as set forth herein. SO ORDERED. Appellant Brief due by 9/26/2014., Appellant Reply Brief due by 11/10/2014., Appellee Brief due by 10/27/2014.) (Signed by Judge John G. Koeltl on 9/24/2014) (ama)
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Filing 20
STIPULATION AND ORDER FURTHER MODIFYING BRIEFING SCHEDULE. It is hereby stipulated and agreed by and between the parties that: 1. The Appellants' briefs shall be due on or before September 26, 2014. 2. The Appellees' briefs shall be due on or before October 27, 2014. 3. The Appellants' reply briefs shall be due on or before November 10, 2014, and as further set forth herein. (Appellant Brief due by 9/26/2014. Appellant Reply Brief due by 11/10/2014. Appellee Brief due by 10/27/2014.) (Signed by Judge John G. Koeltl on 9/18/2014) (rjm) Modified on 9/19/2014 (rjm).
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| Magistrate Judge Kevin Nathaniel Fox is so designated. (pgu) |
| CASE ACCEPTED AS RELATED. Create association to 1:11-cv-01298-JGK. Notice of Assignment to follow. (pgu) |
| NOTICE OF CASE ASSIGNMENT to Judge John G. Koeltl. Judge Unassigned is no longer assigned to the case. (pgu) |
| Filing 19 NOTICE OF APPEARANCE by Michael Yonghan Kwon on behalf of Picower Parties. (Kwon, Michael) |
| Filing 18 NOTICE OF APPEARANCE by Ferve Emine Ozturk on behalf of Irving H. Picard. (Ozturk, Ferve) |
| Filing 17 NOTICE OF APPEARANCE by Jennifer Marie Opheim on behalf of Picower Parties. (Opheim, Jennifer) |
| Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Picower Parties.(Harris, Marcy) |
| Filing 15 NOTICE OF APPEARANCE by Marcy Ressler Harris on behalf of Picower Parties. (Harris, Marcy) |
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Filing 14
ENDORSED LETTER addressed to Judge John G. Koeltl from Deborah Renner dated 9/10/2014 re: The Trustee respectfully requests an extension to submit a statement of relatedness in the above-referenced cases until noon tomorrow, September 11, 2014. ENDORSEMENT: All parties may submit a statement of relatedness or non-relatedness by noon on 9/11/14. SO ORDERED. (Signed by Judge John G. Koeltl on 9/10/2014) (ama)
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| Filing 13 NOTICE OF APPEARANCE by Lance Gotthoffer on behalf of Adele Fox, Susanne Stone Marshall, Russell Oasis, Marsha Peshkin. (Gotthoffer, Lance) |
| Filing 12 STATEMENT OF RELATEDNESS re: that this action be filed as related to 11-cv-1298 (JGK). Document filed by Adele Fox, Susanne Stone Marshall, Russell Oasis, Marsha Peshkin.(Smith, Peter) |
| Filing 11 NOTICE OF APPEARANCE by Julie Gorchkova on behalf of Adele Fox, Susanne Stone Marshall, Russell Oasis, Marsha Peshkin. (Gorchkova, Julie) |
| Filing 10 NOTICE OF APPEARANCE by Peter William Smith on behalf of Adele Fox, Susanne Stone Marshall, Russell Oasis, Marsha Peshkin. (Smith, Peter) |
| Filing 9 STATEMENT OF RELATEDNESS re: that this action be filed as related to 11-cv-01298. Document filed by Irving H. Picard.(Renner, Deborah) |
| Filing 8 STATEMENT OF RELATEDNESS re: that this action be filed as related to 11-cv-01298 (JGK). Document filed by Picower Parties.(Harris, Marcy) |
| Filing 7 NOTICE OF APPEARANCE by Deborah Hilarie Renner on behalf of Irving H. Picard. (Renner, Deborah) |
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Filing 6
ORDER. This matter has been referred to this Court, for review of relatedness to In Re Bernard L. Madoff Investment Securities, LLC. 11 civ 1298 (JGK). The parties shall submit a statement of relatedness by 5:00 p.m., today, September 10, 2014, pursuant to Local Rule Civil Rule 1.6. (Signed by Judge John G. Koeltl on 9/10/2014) (rjm)
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Filing 5
STIPULATION AND ORDER MODIFYING BRIEFING SCHEDULE: 1. The Appellants' brief shall be due on or before September 18, 2014. 2. The Appellees' briefs shall be due on or before October 13, 2014. 3. The Appellants' reply brief shall be due on or before October 27, 2014. 4. The Parties' opening briefs shall be no longer than 50 pages in length and the reply brief shall be no longer than 25 pages in length. 5. Other than as set forth above, the Parties reserve all rights and defenses they may have in this action, and entry into this stipulation shall not impair or otherwise affect any such rights. (Appellant Brief due by 9/18/2014, Appellant Reply Brief due by 10/27/2014, Appellee Brief due by 10/13/2014.) (Signed by Judge Vernon S. Broderick on 8/29/2014) (ft)
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| Filing 4 CIVIL COVER SHEET filed. (bkar) |
| Filing 3 COUNTER DESIGNATION OF BANKRUPTCY RECORD ON APPEAL Document filed by Appellees Irving H. Picard, Picower Parties. (bkar) |
| Filing 2 DESIGNATION OF BANKRUPTCY RECORD ON APPEAL re: #1 Bankruptcy Appeal,. Document filed by Appellants Adele Fox, Susanne Stone Marshall, Russell Oasis, Marsha Peshkin. (bkar) |
| Filing 1 NOTICE OF APPEAL FROM THE BANKRUPTCY COURT TO THE S.D.N.Y. from the Order of Judge Stuart M. Bernstein dated July 2, 2014. Bankruptcy Court Case Numbers: 14-1840A, 08-1789A (SMB). Certified copies of file received.Document filed by Susanne Stone Marshall, Marsha Peshkin, Russell Oasis, Adele Fox. Appellant Brief due by 9/4/2014. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(bkar) |
| Case Designated ECF. (bkar) |
| BANKRUPTCY APPEAL CASE REFERRED BY ATTORNEY TO Judge John G. Koeltl as possibly similar to 11-cv-1298. (bkar) |
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