In re: Color Spot Nurseries, Inc. et al
| Color Spot Nurseries, Inc. et al |
| Blooming Farm, Inc., Winters Forest Grove LLC, Winters Nursery LLC, Fallbrook Nursery LLC and Forest Grove Nursery LLC |
| TreeSap Farms, LLC, Wells Fargo Bank, N.A., TSH Opco, LLC and Color Spot Holdings, Inc. |
| Color Spot Nurseries, Inc. |
| 1:2018cv01246 |
| August 14, 2018 |
| US District Court for the District of Delaware |
| Wilmington Office |
| New Castle |
| Maryellen Noreika |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 0158 |
| None |
Docket Report
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| ***CIVIL CASE TERMINATED by D.I. #29 . (dlw) |
| Filing 29 STIPULATION of Dismissal with Prejudice by Color Spot Holdings, Inc.. (Greecher, Sean) |
Filing 28
SO ORDERED Granting #27 Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation, and establishing a briefing schedule. Signed by Judge Maryellen Noreika on 9/13/2018. (dlw)
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| Filing 27 Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 9/13/18. (cak) |
| Filing 26 REDACTED VERSION of #22 Exhibit to a Document #21 Designation of Record on Appeal by Blooming Farm, Inc., Fallbrook Nursery LLC, Forest Grove Nursery LLC, Winters Forest Grove LLC, Winters Nursery LLC. (Attachments: #1 Exhibit 1 (8-1-18 Hrg.) (Unredacted), #2 Exhibit 2 (8-1-18 Hrg.), #3 Exhibit 3 (8-1-18 Hrg.), #4 Exhibit 4 (8-1-18 Hrg.), #5 Exhibit 5 (8-1-18 Hrg.), #6 Exhibit 6 (8-1-18 Hrg.), #7 Exhibit 7 (8-1-18 Hrg.), #8 Exhibit 1 (8-9-18 Hrg.), #9 Exhibit 2 (8-9-18 Hrg.), #10 Exhibit 3 (8-9-18 Hrg.), #11 Exhibit 4 (8-9-18 Hrg.), #12 Exhibit 5 (8-9-18 Hrg.), #13 Exhibit 6 (8-9-18 Hrg.), #14 Exhibit 7 (8-9-18 Hrg.), #15 Exhibit 8 (8-9-18 Hrg.), #16 Exhibit 9 (8-9-18 Hrg.), #17 Exhibit 10 (8-9-18 Hrg.), #18 Exhibit 11 (8-9-18 Hrg.), #19 Exhibit 12 (8-9-18 Hrg.))(Neff, Carl) Modified on 9/13/2018 (dlw). |
| Filing 25 DECLARATION of Jeffrey Pettit of TreeSap Farms, LLC and TSH Opco, LLC re #24 Joint MOTION to Dismiss Based upon Mootness Grounds by Color Spot Holdings, Inc., TSH Opco, LLC, TreeSap Farms, LLC, Wells Fargo Bank, N.A.. (Cairns, Timothy) Modified on 9/13/2018 (dlw). |
| Filing 24 Joint MOTION to Dismiss Based upon Mootness Grounds - filed by Color Spot Holdings, Inc., TSH Opco, LLC, TreeSap Farms, LLC, Wells Fargo Bank, N.A.. (Cairns, Timothy) |
| Filing 23 DESIGNATION OF RECORD on Appeal filed by Color Spot Holdings, Inc., TSH Opco, LLC, TreeSap Farms, LLC, Wells Fargo Bank, N.A. // Appellees' Counter-Designation of Additional Items to be Included in Record on Appeal Filed by the NHHC II Landlords (Cairns, Timothy) |
| Filing 22 [SEALED] EXHIBIT re #21 Designation of Record on Appeal, /Exhbits to The NHHC II Landlord's Amended Designation of Record and Statement of Issues on Appeal by Blooming Farm, Inc., Fallbrook Nursery LLC, Forest Grove Nursery LLC, Winters Forest Grove LLC, Winters Nursery LLC. (Attachments: #1 Exhibt No. 1 (8-1-18 Hrg.), #2 Exhibt No. 2 (8-1-18 Hrg.), #3 Exhibt No. 3 (8-1-18 Hrg.), #4 Exhibt No. 4 (8-1-18 Hrg.), #5 Exhibt No. 5 (8-1-18 Hrg.), #6 Exhibt No. 6 (8-1-18 Hrg.), #7 Exhibt No. 7 (8-1-18 Hrg.), #8 Exhibt No. 1 (8-9-18 Hrg.), #9 Exhibt No. 2 (8-9-18 Hrg.), #10 Exhibt No. 3 (8-9-18 Hrg.), #11 Exhibt No. 4 (8-9-18 Hrg.), #12 Exhibt No. 5 (8-9-18 Hrg.), #13 Exhibt No. 6 (8-9-18 Hrg.), #14 Exhibt No. 7 (8-9-18 Hrg.), #15 Exhibt No. 8 (8-9-18 Hrg.), #16 Exhibt No. 9 (8-9-18 Hrg.), #17 Exhibt No. 10 (8-9-18 Hrg.), #18 Exhibt No. 11 (8-9-18 Hrg.), #19 Exhibt No. 12 (8-9-18 Hrg.))(Neff, Carl) |
| Filing 21 DESIGNATION OF RECORD on Appeal filed by Blooming Farm, Inc., Fallbrook Nursery LLC, Forest Grove Nursery LLC, Winters Forest Grove LLC, Winters Nursery LLC /The NHHC II Landlord's Amended Designation of Record and Statement of Issues on Appeal (Neff, Carl) |
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SO ORDERED: re #20 MOTION to Seal Document. The U.S. Bankruptcy Court for the District of Delaware is permitted and authorized to transmit to the U.S. District Court for the District of Delaware those portions of the appellate record (as designated by the Appellants) which were received by the Bankruptcy Court under seal. The District Court will accept, under seal, said sealed portions. Signed by Judge Maryellen Noreika on 8/30/2018. (dlw)
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| Filing 20 MOTION to Seal Document: #19 Designation of Record on Appeal , MOTION to Seal Appellants' Motion to Accept Documents Under Seal Into Appellate Record - filed by Blooming Farm, Inc., Fallbrook Nursery LLC, Forest Grove Nursery LLC, Winters Forest Grove LLC, Winters Nursery LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Neff, Carl) |
| Filing 19 DESIGNATION OF RECORD on Appeal filed by Blooming Farm, Inc., Fallbrook Nursery LLC, Forest Grove Nursery LLC, Winters Forest Grove LLC, Winters Nursery LLC and Statement of Issues on Appeal (Neff, Carl) |
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SO ORDERED, re #8 MOTION for Pro Hac Vice Appearance of Attorney M. David Minnick filed by Wells Fargo Bank, N.A., #7 MOTION for Pro Hac Vice Appearance of Attorney Leo T. Crowley filed by Wells Fargo Bank, N.A., #14 MOTION for Pro Hac Vice Appearance of Attorney Maxim B. Litvak filed by TSH Opco, LLC, TreeSap Farms, LLC. Ordered by Judge Maryellen Noreika on 8/28/2018. (dlw)
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| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) |
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Filing 18
MEMORANDUM ORDER: The Motion to Seal (D.I. #5 ) is GRANTED and the Emergency Motion (D.I. #3 ) is DENIED. Signed by Judge Richard G. Andrews on 8/21/2018. (nms)
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| Filing 17 NOTICE of by Wells Fargo Bank, N.A. re #13 Response to Motion, #15 Response to Motion, #10 Response to Motion, #1 Bankruptcy Appeal, #3 Emergency MOTION to Stay re #1 Bankruptcy Appeal, Emergency Motion for a Limited Stay Pending Appeal of the Second Supplemental Order Approving Sale (Notice of Closing of Sale) (Schlauch, Brendan) |
| Filing 16 DECLARATION re #15 Response to Motion, #4 Declaration,, #1 Bankruptcy Appeal, #3 Emergency MOTION to Stay re #1 Bankruptcy Appeal, Emergency Motion for a Limited Stay Pending Appeal of the Second Supplemental Order Approving Sale // Declaration of Brendan J. Schlauch in Support of the Response of Wells Fargo Bank, National Association to Emergency Motion of the NHHC II Landlords for a Limited Stay Pending Appeal of the Second Supplemental Order Approving Sale by Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Schlauch, Brendan) |
| Filing 15 RESPONSE to Motion re #3 Emergency MOTION to Stay re #1 Bankruptcy Appeal, Emergency Motion for a Limited Stay Pending Appeal of the Second Supplemental Order Approving Sale filed by Wells Fargo Bank, N.A.. (Knight, John) |
| Filing 14 MOTION for Pro Hac Vice Appearance of Attorney Maxim B. Litvak - filed by TSH Opco, LLC, TreeSap Farms, LLC. (Cairns, Timothy) |
| Filing 13 RESPONSE to Motion re #3 Emergency MOTION to Stay re #1 Bankruptcy Appeal, Emergency Motion for a Limited Stay Pending Appeal of the Second Supplemental Order Approving Sale filed by TSH Opco, LLC, TreeSap Farms, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Cairns, Timothy) |
| Filing 12 Supplemental EXHIBIT re #4 Declaration,, Supplemental Exhibit to Declaration of Carl D. Neff in Support of the Emergency Motion for a Limited Stay Pending Appeal of the Second Supplemental Order Approving Sale by Blooming Farm, Inc., Fallbrook Nursery LLC, Forest Grove Nursery LLC, Winters Forest Grove LLC, Winters Nursery LLC. (Attachments: #1 Exhibit K)(Neff, Carl) |
| Filing 11 DECLARATION re #10 Response to Motion, [Declaration of Sean T. Greecher in Support of the Objection to Emergency Motion] by Color Spot Holdings, Inc.. (Attachments: #1 Exhibit A-F)(Greecher, Sean) |
| Filing 10 RESPONSE to Motion re #3 Emergency MOTION to Stay re #1 Bankruptcy Appeal, Emergency Motion for a Limited Stay Pending Appeal of the Second Supplemental Order Approving Sale filed by Color Spot Holdings, Inc.. (Greecher, Sean) |
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Filing 9
ORAL ORDER: Pursuant to this Court's Standing Order dated September 11, 2012, regarding procedures to govern mediation of all appeals from the Bankruptcy Court which places such appeals in mandatory mediation; IT IS ORDERED that on or before 4:00 p.m., Friday, September 7, 2018, the parties shall advise in a joint written submission, no longer than three (3) pages in 12 point font, directed to Chief Magistrate Judge Thynge, their respective positions regarding mediation and reasoning for their positions, including whether the parties were previously or are presently involved in mediation or other ADR process. Should the parties jointly request the matter be removed from the mandatory mediation requirement, they are to provide a proposed briefing schedule and/or advise whether they feel a teleconference with a Magistrate Judge would be of assistance and why. This submission shall not be docketed, but shall be delivered to the Clerk's Office of the District Court. Ordered by Judge Mary Pat Thynge on 8/16/2018. (fms)
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| Filing 8 MOTION for Pro Hac Vice Appearance of Attorney M. David Minnick - filed by Wells Fargo Bank, N.A.. (Knight, John) |
| Filing 7 MOTION for Pro Hac Vice Appearance of Attorney Leo T. Crowley - filed by Wells Fargo Bank, N.A.. (Knight, John) |
| Remark : Exit copies to Duty Judge (RGA). (rwc) |
| Filing 6 Letter to Clerk of Court from Counsel to Appellants regarding Enclosing Courtesy Copies of Pleadings - re #4 Declaration,, #3 Emergency MOTION to Stay re #1 Bankruptcy Appeal, Emergency Motion for a Limited Stay Pending Appeal of the Second Supplemental Order Approving Sale. (Neff, Carl) |
| Filing 5 MOTION to Seal Document: #4 Declaration,, #3 Emergency MOTION to Stay re #1 Bankruptcy Appeal, Emergency Motion for a Limited Stay Pending Appeal of the Second Supplemental Order Approving Sale - filed by Blooming Farm, Inc., Fallbrook Nursery LLC, Forest Grove Nursery LLC, Winters Forest Grove LLC, Winters Nursery LLC. (Attachments: #1 Text of Proposed Order)(Neff, Carl) |
| Filing 4 [SEALED] DECLARATION re #3 Emergency MOTION to Stay re #1 Bankruptcy Appeal, Emergency Motion for a Limited Stay Pending Appeal of the Second Supplemental Order Approving Sale by Blooming Farm, Inc., Fallbrook Nursery LLC, Forest Grove Nursery LLC, Winters Forest Grove LLC, Winters Nursery LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Letter Serving Copies of Pleadings)(Neff, Carl) |
| Filing 3 [SEALED] Emergency MOTION to Stay re #1 Bankruptcy Appeal, Emergency Motion for a Limited Stay Pending Appeal of the Second Supplemental Order Approving Sale - filed by Blooming Farm, Inc., Fallbrook Nursery LLC, Forest Grove Nursery LLC, Winters Forest Grove LLC, Winters Nursery LLC. (Attachments: #1 Text of Proposed Order, #2 Letter Serving Copies of Pleadings)(Neff, Carl) |
| Filing 2 NOTICE of Docketing Bankruptcy Appeal. (jcs) |
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Filing 1
Notice of APPEAL FROM BANKRUPTCY COURT appealing the Order entered on 7/25/2018 by Judge Laurie Selber Silverstein in Bankruptcy case number 18-11272. Fee Status Paid.- filed by Winters Forest Grove LLC, Blooming Farm, Inc., Winters Nursery LLC, Forest Grove Nursery LLC, Fallbrook Nursery LLC. (Attachments: #1 Order on Appeal, #2 Supplemental Order, #3 Second Supplemental Order, #4 Bankruptcy Court Transmittal)(jcs)
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| NO DESIGNATION OF RECORD FILED (jcs) |
| Notice of Bankruptcy Appeal Record Availability. DESIGNATED RECORD on Appeal is available electronically from the docket sheet on file in the Bankruptcy Court. Please do not send paper courtesy copies of the record on appeal to the Clerk's Office unless otherwise directed by chambers. (jcs) |
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