In re: Akorn, Inc. et al.
| Official Committee of Unsecured Creditors of Akorn, Inc. et al., United States Trustee, Gabelli Funds, LLC, Leadiant Biosciences, Inc., Fresenius Kabi AG, IRP Claimants, Akorn, Inc., Provepharm, Inc. and Louisiana Department of Revenue |
| AFSCME District Council 47 Health & Welfare Fund, Sergeants Benevolent Association Health and Welfare Fund, 1199SEIU Licensed Practical Nurses Welfare Fund, 1199SEIU National Benefit Fund, 1199SEIU Greater New York Benefit Fund, 1199SEIU National Benefit Fund for Home Care Workers and AFSCME District Council 47 Health and Welfare Fund |
| 1:2020cv01254 |
| September 18, 2020 |
| US District Court for the District of Delaware |
| Maryellen Noreika |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 0158 |
| None |
Docket Report
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This docket was last retrieved on September 22, 2021. A more recent docket listing may be available from PACER.
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Filing 21
ORDER ADOPTING #17 RECOMMENDATION - IT IS HEREBY ORDERED that the Recommendation is ADOPTED and this matter is withdrawn from the mandatory referral for mediation. IT IS FURTHER ORDERED that the parties are to submit a proposed briefing schedule to the Court no later than November 30, 2020. Signed by Judge Maryellen Noreika on 11/12/2020. (dlw)
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Filing 20
MOTION for Leave to Supplemental the Record on Appeal - filed by 1199SEIU Greater New York Benefit Fund, 1199SEIU Licensed Practical Nurses Welfare Fund, 1199SEIU National Benefit Fund, 1199SEIU National Benefit Fund for Home Care Workers, AFSCME District Council 47 Health and Welfare Fund, Sergeants Benevolent Association Health and Welfare Fund. (Attachments: #1 Exhibit Proposed Order, #2 Certificate of Service of Motion for Leave to Supplement the Record on Appeal)(Spoltore, Leslie)
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Filing 19
Amended Transmittal removing Louisiana Department of Revenue as a party. (nmg)
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Filing 18
DESIGNATION OF RECORD on Appeal filed by Akorn, Inc. // Appellees' Counter-Designation of Items to be Included on the Record on Appeal (Attachments: #1 Debtors' Exhibit 48)(Steele, Amanda) Modified on 10/29/2020 (dlw).
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Filing 17
Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 10/27/20. Associated Cases: 1:20-cv-01254-MN, 1:20-cv-01336-MN(cak)
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Filing 16
ORDER GRANTING (12) Motion to Consolidate Cases in case 1:20-cv-01254-MN; GRANTING (7) Motion to Consolidate Cases in case 1:20-cv-01336-MN. See Order for Complete Details. Signed by Judge Maryellen Noreika on 10/19/2020. (dlw)
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Filing 15
DESIGNATION OF RECORD on Appeal filed by Akorn, Inc. // Appellees' Counter-Designation of Items to be Included on the Record on Appeal (Attachments: #1 Debtors' Exhibit 48)(Heath, Paul) Modified on 10/19/2020 (dlw).
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SO ORDERED - re #14 MOTION for Pro Hac Vice Appearance of Attorney Andrew C. Lawrence filed by Akorn, Inc., #13 MOTION for Pro Hac Vice Appearance of Attorney George W. Hicks, Jr. filed by Akorn, Inc. ORDERED by Judge Maryellen Noreika on 10/16/2020. (mdb)
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Pro Hac Vice Attorneys George W. Hicks, Jr and Andrew C. Lawrence for Akorn, Inc. 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. (kmd)
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Filing 14
MOTION for Pro Hac Vice Appearance of Attorney Andrew C. Lawrence - filed by Akorn, Inc.. (Steele, Amanda)
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Filing 13
MOTION for Pro Hac Vice Appearance of Attorney George W. Hicks, Jr. - filed by Akorn, Inc.. (Steele, Amanda)
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Filing 12
UNOPPOSED MOTION to Consolidate Cases for Procedural Purposes and for Related Relief - filed by Provepharm, Inc. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Bowden, William) Modified on 10/15/2020 (dlw).
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Filing 11
ORDER GRANTING #7 Motion to Seal. Signed by Judge Maryellen Noreika on 10/14/2020. (dlw)
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Pro Hac Vice Attorney Edmond M. George for 1199SEIU Greater New York Benefit Fund, 1199SEIU Licensed Practical Nurses Welfare Fund, 1199SEIU National Benefit Fund, 1199SEIU National Benefit Fund for Home Care Workers, AFSCME District Council 47 Health and Welfare Fund, Sergeants Benevolent Association Health and Welfare Fund 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. (kmd)
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SO ORDERED re #10 MOTION for Pro Hac Vice Appearance of Attorney Edmond M. George filed by 1199SEIU Greater New York Benefit Fund, 1199SEIU National Benefit Fund, 1199SEIU Licensed Practical Nurses Welfare Fund, 1199SEIU National Benefit Fund for Home Care Workers, AFSCME District Council 47 Health and Welfare Fund, Sergeants Benevolent Association Health and Welfare Fund. ORDERED by Judge Maryellen Noreika on 10/13/2020. (dlw)
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Filing 10
MOTION for Pro Hac Vice Appearance of Attorney Edmond M. George - filed by 1199SEIU Greater New York Benefit Fund, 1199SEIU Licensed Practical Nurses Welfare Fund, 1199SEIU National Benefit Fund, 1199SEIU National Benefit Fund for Home Care Workers, AFSCME District Council 47 Health and Welfare Fund, Sergeants Benevolent Association Health and Welfare Fund. (Spoltore, Leslie)
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Pro Hac Vice Attorneys Andrew J. Entwistle, Joshua K. Porter, Arthur V. Nealon for Gabelli Funds, LLC 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. (kmd)
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Filing 9
MOTION for Pro Hac Vice Appearance of Attorney Andrew Entwistle, Joshua K. Porter, and Arthur V. Nealon - filed by Gabelli Funds, LLC. (Farnan, Brian)
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SO ORDERED re #9 MOTION for Pro Hac Vice Appearance of Attorney Andrew Entwistle, Joshua K. Porter, and Arthur V. Nealon filed by Gabelli Funds, LLC. ORDERED by Judge Maryellen Noreika on 10/7/2020. (dlw)
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Filing 8
MOTION for Pro Hac Vice Appearance of Attorney Michael M. Parker - filed by Provepharm, Inc.. (Attachments: #1 Certification by Counsel to be Admitted Pro Hac Vice, #2 Proposed Order)(Bowden, William)
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SO ORDERED re #8 MOTION for Pro Hac Vice Appearance of Attorney Michael M. Parker filed by Provepharm, Inc. ORDERED by Judge Maryellen Noreika on 10/6/2020. (dlw)
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Pro Hac Vice Attorney Michael M. Parker for Provepharm, Inc. 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. (kmd)
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Filing 7
MOTION to Seal Portions of Designated Appellate Record - filed by 1199SEIU Greater New York Benefit Fund, 1199SEIU Licensed Practical Nurses Welfare Fund, 1199SEIU National Benefit Fund, 1199SEIU National Benefit Fund for Home Care Workers, AFSCME District Council 47 Health and Welfare Fund, Sergeants Benevolent Association Health and Welfare Fund. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Spoltore, Leslie) Modified on 10/2/2020 (dlw).
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Filing 6
[SEALED] DESIGNATION OF RECORD on Appeal filed by 1199SEIU Greater New York Benefit Fund, 1199SEIU Licensed Practical Nurses Welfare Fund, 1199SEIU National Benefit Fund, 1199SEIU National Benefit Fund for Home Care Workers, AFSCME District Council 47 Health and Welfare Fund, Sergeants Benevolent Association Health and Welfare Fund (Attachments: #1 Exhibit MDL8, #2 Exhibit MDL33, #3 Exhibit MDL15, #4 Exhibit MDL9, #5 Exhibit MDL17)(Spoltore, Leslie)
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Filing 5
DESIGNATION OF RECORD on Appeal filed by 1199SEIU Greater New York Benefit Fund, 1199SEIU Licensed Practical Nurses Welfare Fund, 1199SEIU National Benefit Fund, 1199SEIU National Benefit Fund for Home Care Workers, AFSCME District Council 47 Health and Welfare Fund, Sergeants Benevolent Association Health and Welfare Fund (Attachments: #1 Certified Copy of Bankruptcy Docket, #2 9/1/2020 Transcript of Hearing Before Hon Karen B. Owens, #3 9/2/2020 Transcript of Hearing Before Hon Karen B. Owens, #4 9/3/2020 Transcript of Hearing Before Hon Karen B. Owens, #5 9/4/2020 Transcript of Hearing Before Hon Karen B. Owens, #6 Exhibit D49, #7 Exhibit D50, #8 Exhibit D55, #9 Exhibit D52, #10 Exhibit D53, #11 Exhibit D44, #12 Exhibit D26, #13 Exhibit D27, #14 Exhibit MDL32, #15 Exhibit D24, #16 Exhibit D25, #17 Exhibit MDL23, #18 Exhibit MDL43, #19 Exhibit MDL5, #20 Exhibit MDL34, #21 Exhibit MDL38, #22 Exhibit MDL42, #23 Exhibit MDL1, #24 Exhibit MDL11, #25 Exhibit D5, #26 Exhibit D6, #27 Exhibit D7, #28 Exhibit D4, #29 Exhibit D8, #30 Exhibit D33, #31 Exhibit D32, #32 Exhibit D34, #33 Exhibit D36, #34 Exhibit D37, #35 Exhibit D35, #36 Exhibit D20, #37 Exhibit D3, #38 Exhibit D9, #39 Exhibit D10, #40 Exhibit D11, #41 Exhibit D12, #42 Exhibit D13, #43 Exhibit D14, #44 Exhibit D15, #45 Exhibit D16, #46 Exhibit D17, #47 Exhibit D18, #48 Exhibit D19, #49 Exhibit D21, #50 Exhibit D22, #51 Exhibit D23, #52 Exhibit FRE1, #53 Exhibit PROVE1, #54 Exhibit MDL44, #55 Exhibit MDL45, #56 Exhibit D42, #57 Exhibit D28, #58 Exhibit D47, #59 Exhibit MDL46)(Spoltore, Leslie)
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Filing 4
STATEMENT OF ISSUES on Appeal filed by 1199SEIU Greater New York Benefit Fund, 1199SEIU Licensed Practical Nurses Welfare Fund, 1199SEIU National Benefit Fund, 1199SEIU National Benefit Fund for Home Care Workers, AFSCME District Council 47 Health and Welfare Fund, Sergeants Benevolent Association Health and Welfare Fund (Spoltore, Leslie)
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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 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, October 6, 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 emailed to Judge Thynge, with a copy to Cathleen Kennedy, Judicial Administrator for Judge Thynge. Ordered by Chief Magistrate Judge Mary Pat Thynge on 9/21/20. (cak)
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Filing 2
NOTICE of Docketing Bankruptcy Appeal. (mal)
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Filing 1
Notice of APPEAL FROM BANKRUPTCY COURT appealing the Order entered on 9/4/2020 by Karen B. Owens in Bankruptcy case number 20-11177 (KBO). Fee Status Paid.- filed by 1199SEIU National Benefit Fund for Home Care Workers, Sergeants Benevolent Association Health and Welfare Fund, 1199SEIU National Benefit Fund, 1199SEIU Licensed Practical Nurses Welfare Fund, 1199SEIU Greater New York Benefit Fund, AFSCME District Council 47 Health & Welfare Fund. (Attachments: #1 Bankruptcy Court Transmittal, #2 Order dated 9/4/2020)(mal)
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NO DESIGNATION OF RECORD FILED (mal)
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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. (mal)
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