In re: Exide Technologies, LLC et al.
| Andrew R. Vara |
| Exide Technologies, LLC |
| 1:2020cv00076 |
| January 17, 2020 |
| US District Court for the District of Delaware |
| Leonard P Stark |
| Bankruptcy Appeal (801) |
| 28 U.S.C. ยง 0158 |
| None |
Docket Report
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| Document Text |
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Filing 15
ORDER Certifying Direct Appeal to United States Court of Appeals for the Third Circuit, Holding Appeal in Abeyance and Staying Briefing Deadlines re #12 Joint MOTION to Stay Briefing Schedule Pending Ruling on Request for Direct Appeal filed by Exide Technologies, LLC, Andrew R. Vara, #11 Statement filed by Exide Technologies, LLC, Andrew R. Vara. Signed by Judge Leonard P. Stark on 3/16/20. (ntl)
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| Filing 14 PROPOSED ORDER Certifying Direct Appeal to United States Court of Appeals for the Third Circuit, Holding Appeal in Abeyance and Staying Briefing Deadlines re #12 Joint MOTION to Stay Briefing Schedule Pending Ruling on Request for Direct Appeal, #11 Statement by Exide Technologies, LLC. (O'Neill, James) |
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Filing 13
ORAL ORDER: The Court has reviewed the parties' Certification (D.I. 11) regarding direct appeal pursuant to 28 U.S.C. 158(d)(2)(A), as well as the parties' joint motion requesting that this Court stay all briefing pending a ruling on the petition for direct appeal and (if authorized) any direct appeal in the Third Circuit (D.I. 12) ("Joint Stay Motion"). The appeal is hereby certified pursuant to 28 U.S.C. 158(d)(2)(B)(ii), and the Court intends to grant the Joint Stay Motion. The parties are directed to confer and submit a proposed form of order. ORDERED by Judge Leonard P. Stark on 3/10/20. (ntl)
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| Filing 12 Joint MOTION to Stay Briefing Schedule Pending Ruling on Request for Direct Appeal - filed by Exide Technologies, LLC, Andrew R. Vara. (O'Neill, James) |
| Filing 11 STATEMENT // Certification to Court of Appeals by All Parties by Exide Technologies, LLC, Andrew R. Vara. (O'Neill, James) |
| Filing 10 Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 2/24/20. (cak) |
| Filing 9 DESIGNATION OF RECORD on Appeal filed by Exide Technologies, LLC // Appellant's Designation of the Record on Appeal and Statement of the Issues to Be Presented on Appeal (O'Neill, James) |
| CORRECTING ENTRY: D.I. #2 replaced to reflect correct Standing Order date. (lak) |
| Filing 8 NOTICE of Appearance by James E. O'Neill, III on behalf of Exide Technologies, LLC (O'Neill, James) |
| Filing 7 NOTICE of Appearance by Sumi K. Sakata on behalf of Andrew R. Vara (Sakata, Sumi) |
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SO ORDERED, re #4 MOTION for Pro Hac Vice Appearance of Attorney Robert M. Fishman of Fox Rothschild LLP filed by Exide Technologies, LLC, #6 MOTION for Pro Hac Vice Appearance of Attorney Terence G. Banich of Fox Rothschild LLP filed by Exide Technologies, LLC, #5 MOTION for Pro Hac Vice Appearance of Attorney Allen J. Guon of Fox Rothschild LLP filed by Exide Technologies, LLC. Signed by Judge Leonard P. Stark on 1/23/20. (ntl)
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| Filing 6 MOTION for Pro Hac Vice Appearance of Attorney Terence G. Banich of Fox Rothschild LLP - filed by Exide Technologies, LLC. (O'Neill, James) |
| Filing 5 MOTION for Pro Hac Vice Appearance of Attorney Allen J. Guon of Fox Rothschild LLP - filed by Exide Technologies, LLC. (O'Neill, James) |
| Filing 4 MOTION for Pro Hac Vice Appearance of Attorney Robert M. Fishman of Fox Rothschild LLP - filed by Exide Technologies, LLC. (O'Neill, James) |
| Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb) |
| 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., Tuesday, February 4, 2020, 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 Clerks Office of the District Court. Ordered by Chief Magistrate Judge Mary Pat Thynge on 1/21/20. (cak) |
| Filing 2 NOTICE of Docketing Bankruptcy Appeal. (lak) (Main Document 2 replaced on 1/31/2020) (lak). |
| Filing 1 Notice of APPEAL FROM BANKRUPTCY COURT appealing the Order entered on 1/9/2020 by The Honorable Mary F. Walrath in Bankruptcy case number 13-11482 (MFW). Fee Status NOT PAID.- filed by Exide Technologies, LLC. (Attachments: #1 Opinion, #2 Order on Appeal, #3 Bankruptcy Court Transmittal) (lak) |
| NO DESIGNATION OF RECORD FILED (lak) |
| 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. (lak) |
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| Appellee: Andrew R. Vara | |
| Represented By: | T. Patrick Tinker |
| Represented By: | Robert J. Schneider, Jr. |
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| Appellant: Exide Technologies, LLC | |
| Represented By: | Laura Davis Jones |
| Represented By: | James E. O'Neill, III |
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