In re: Energy Future Holdings Corp., et al.
Defendant: Energy Future Holdings Corp., et al.
Appellee: UMB Bank, N.A., Elliott Associates, L.P., EFH Plan Administrator Board, Elliott International, L.P. and Liverpool Limited Partnership
Debtor: Energy Future Holdings Corp
Appellant: NextEra Energy, Inc.
Case Number: 1:2018cv01253
Filed: August 16, 2018
Court: US District Court for the District of Delaware
Office: Wilmington Office
County: New Castle
Presiding Judge: Richard G Andrews
Nature of Suit: Bankruptcy Appeal (801)
Cause of Action: 28 U.S.C. § 0158
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 30, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 2, 2018 Pro Hac Vice Attorney Aparna Yenamandra for EFH Plan Administrator Board added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (crb)
September 28, 2018 Opinion or Order Filing 23 SCHEDULING ORDER: Appellant's Brief due no later than 11/9/2018 (see Order for further details). Signed by Judge Richard G. Andrews on 9/28/2018. (nms)
September 28, 2018 Filing 22 STIPULATED Proposed Briefing Schedule, by NextEra Energy, Inc.. (Attachments: #1 Proposed Order)(McGuire, Matthew) Modified on 9/28/2018 (nms).
September 28, 2018 Filing 21 MOTION for Pro Hac Vice Appearance of Attorney Howard Seife - filed by NextEra Energy, Inc.. (McGuire, Matthew)
September 28, 2018 Filing 20 MOTION for Pro Hac Vice Appearance of Attorney Eric Daucher - filed by NextEra Energy, Inc.. (McGuire, Matthew)
September 28, 2018 Filing 19 MOTION for Pro Hac Vice Appearance of Attorney Robin Ball - filed by NextEra Energy, Inc.. (McGuire, Matthew)
September 28, 2018 Filing 18 MOTION for Pro Hac Vice Appearance of Attorney Andrew Rosenblatt - filed by NextEra Energy, Inc.. (McGuire, Matthew)
September 28, 2018 Opinion or Order SO ORDERED, re #19 MOTION for Pro Hac Vice Appearance of Attorney Robin Ball filed by NextEra Energy, Inc., #20 MOTION for Pro Hac Vice Appearance of Attorney Eric Daucher filed by NextEra Energy, Inc., #18 MOTION for Pro Hac Vice Appearance of Attorney Andrew Rosenblatt filed by NextEra Energy, Inc., #21 MOTION for Pro Hac Vice Appearance of Attorney Howard Seife filed by NextEra Energy, Inc.. Signed by Judge Richard G. Andrews on 9/28/2018. (nms)
September 14, 2018 Opinion or Order Filing 17 SO ORDERED Granting #15 Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Richard G. Andrews on 9/14/2018. (nms)
September 13, 2018 Filing 16 AFFIDAVIT of Service for UMB Banks And Elliotts Designation Of Additional Items To Be Included In The Record On Appeal From The August 1, 2018 Order Granting The Joint Motion To (I) Dismiss Application Of NextEra Energy, Inc. For Allowance And Payment Of Administrative Expense Or, In The Alternative, (II) Grant Summary Judgment Denying And Disallowing Such Administrative Expense served on multiple parties on September 12, 2018, filed by Elliott Associates, L.P., Elliott International, L.P., Liverpool Limited Partnership, UMB Bank, N.A.. (Fay, Erin)
September 13, 2018 Filing 15 Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 9/13/18. (cak)
September 12, 2018 Filing 14 JOINDER by EFH Plan Administrator Board, joining in #13 Additional Items to Be Included in the Record on Appeal. (Attachments: #1 Certificate of Service)(Madron, Jason) Modified on 9/13/2018 (nms).
September 12, 2018 Filing 13 Additional Items To Be Included In The Record On Appeal, filed by Elliott Associates, L.P., Elliott International, L.P., Liverpool Limited Partnership, UMB Bank, N.A.. (Fay, Erin) Modified on 9/13/2018 (nms).
August 29, 2018 Filing 12 Appellant Statement of Issues and Designation of Record on Appeal from the August 1, 2018 Summary Judgment Order, filed by NextEra Energy, Inc.. (McGuire, Matthew) Modified on 8/30/2018 (nms).
August 23, 2018 Opinion or Order SO ORDERED, re #10 MOTION for Pro Hac Vice Appearance of Attorney Aparna Yenamandra filed by EFH Plan Administrator Board, and #11 MOTION for Pro Hac Vice Appearance of Attorney McClain Thompson, filed by EFH Plan Administrator Board. Signed by Judge Richard G. Andrews on 8/23/2018. (nms)
August 22, 2018 Filing 11 MOTION for Pro Hac Vice Appearance of Attorney McClain Thompson - filed by EFH Plan Administrator Board. (Madron, Jason)
August 22, 2018 Filing 10 MOTION for Pro Hac Vice Appearance of Attorney Aparna Yenamandra - filed by EFH Plan Administrator Board. (Madron, Jason)
August 22, 2018 Filing 9 MOTION for Pro Hac Vice Appearance of Attorney Michael P. Esser - filed by EFH Plan Administrator Board. (Madron, Jason)
August 22, 2018 Filing 8 MOTION for Pro Hac Vice Appearance of Attorney Mark E. McKane - filed by EFH Plan Administrator Board. (Madron, Jason)
August 22, 2018 Filing 7 MOTION for Pro Hac Vice Appearance of Attorney Marc Kieselstein - filed by EFH Plan Administrator Board. (Madron, Jason)
August 22, 2018 Filing 6 MOTION for Pro Hac Vice Appearance of Attorney Matthew L. McGinnis, Esq. - filed by Elliott Associates, L.P., Elliott International, L.P., Liverpool Limited Partnership, UMB Bank, N.A.. (Attachments: #1 Certification of Matthew L. McGinnis, Esq.)(Fay, Erin)
August 22, 2018 Filing 5 MOTION for Pro Hac Vice Appearance of Attorney Daniel G. Egan, Esq. - filed by Elliott Associates, L.P., Elliott International, L.P., Liverpool Limited Partnership, UMB Bank, N.A.. (Attachments: #1 Certification of Daniel G. Egan, Esq.)(Fay, Erin)
August 22, 2018 Filing 4 NOTICE of Appearance by Gregg Mattisen Galardi on behalf of Elliott Associates, L.P., Elliott International, L.P., Liverpool Limited Partnership, UMB Bank, N.A. (Galardi, Gregg)
August 22, 2018 Opinion or Order SO ORDERED, re #7 MOTION for Pro Hac Vice Appearance of Attorney Marc Kieselstein filed by EFH Plan Administrator Board, #9 MOTION for Pro Hac Vice Appearance of Attorney Michael P. Esser, filed by EFH Plan Administrator Board, and #8 MOTION for Pro Hac Vice Appearance of Attorney Mark E. McKane, filed by EFH Plan Administrator Board. Signed by Judge Richard G. Andrews on 8/22/2018. (nms)
August 22, 2018 Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb)
August 22, 2018 Opinion or Order SO ORDERED, re #6 MOTION for Pro Hac Vice Appearance of Attorney Matthew L. McGinnis, Esq., filed by Elliott International, L.P., Elliott Associates, L.P., UMB Bank, N.A., Liverpool Limited Partnership, and #5 MOTION for Pro Hac Vice Appearance of Attorney Daniel G. Egan, Esq., filed by Elliott International, L.P., Elliott Associates, L.P., UMB Bank, N.A., Liverpool Limited Partnership. Signed by Judge Richard G. Andrews on 8/22/2018. (nms)
August 17, 2018 Opinion or Order Filing 3 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., Monday, September 10, 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 8/17/2018. (fms)
August 16, 2018 Filing 2 NOTICE of Docketing Bankruptcy Appeal. (jcs)
August 16, 2018 Opinion or Order Filing 1 Notice of APPEAL FROM BANKRUPTCY COURT appealing the Order entered on 8/1/208 by Judge Christopher S. Sontchi in Bankruptcy case number 14-10979. Fee Status Paid.- filed by NextEra Energy, Inc.. (Attachments: #1 Order on Appeal, #2 Opinion, #3 Bankruptcy Court Transmittal)(jcs)
August 16, 2018 NO DESIGNATION OF RECORD FILED (jcs)
August 16, 2018 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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Defendant: Energy Future Holdings Corp., et al.
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Appellee: UMB Bank, N.A.
Represented By: Erin R. Fay
Represented By: Evan Thomas Miller
Represented By: Scott D. Cousins
Represented By: Gregg Mattisen Galardi
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Appellee: Elliott Associates, L.P.
Represented By: Erin R. Fay
Represented By: Evan Thomas Miller
Represented By: Scott D. Cousins
Represented By: Gregg Mattisen Galardi
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Appellee: EFH Plan Administrator Board
Represented By: Jason Michael Madron
Represented By: Mark David Collins
Represented By: Daniel J. DeFranceschi
Represented By: Aparna Yenamandra
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Appellee: Elliott International, L.P.
Represented By: Erin R. Fay
Represented By: Evan Thomas Miller
Represented By: Scott D. Cousins
Represented By: Gregg Mattisen Galardi
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Appellee: Liverpool Limited Partnership
Represented By: Erin R. Fay
Represented By: Evan Thomas Miller
Represented By: Scott D. Cousins
Represented By: Gregg Mattisen Galardi
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Debtor: Energy Future Holdings Corp
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Appellant: NextEra Energy, Inc.
Represented By: Adam G. Landis
Represented By: Matthew B. McGuire
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