In Re: Exide Holdings, Inc.
| United States Trustee, Exide Holdings, Inc., Requisite Noteholders, Trustee under the Indentures and Creditors' Committee |
| The California Department of Toxic Substances Control |
| 1:2020cv01402 |
| October 19, 2020 |
| US District Court for the District of Delaware |
| Richard G Andrews |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 0158 |
| None |
Docket Report
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This docket was last retrieved on July 26, 2021. A more recent docket listing may be available from PACER.
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Filing 44
ORDER: The Unopposed Motion for Leave to File Briefs Exceeding Words Limits (D.I. #43 ) is GRANTED. Signed by Judge Richard G. Andrews on 12/16/2020. (nms)
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Filing 43
Unopposed Motion for Leave to File Briefs Exceeding Words Limits - filed by The California Department of Toxic Substances Control. (Attachments: #1 Proposed Order)(Stuhlman, Gregory) Modified on 12/16/2020 (nms).
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SO ORDERED, re #42 MOTION for Pro Hac Vice Appearance of Attorney Anthony A. Austin and Heather Leslie, filed by The California Department of Toxic Substances Control. Signed by Judge Richard G. Andrews on 12/11/2020. (nms)
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Filing 42
MOTION for Pro Hac Vice Appearance of Attorney Anthony A. Austin and Heather Leslie - filed by The California Department of Toxic Substances Control. (Stuhlman, Gregory)
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Filing 41
ORAL ORDER: The request for a stay of the merits briefing is DENIED. Since Appellant is going to revise its briefing anyway, it can include its not equitably moot argument as a part of it, Appellee can file its brief addressing all issues on January 22, 2021, and Appellant can file a reply brief on February 19, 2021, which will complete the briefing. Ordered by Judge Richard G. Andrews on 12/9/2020. (nms)
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Filing 40
PROPOSED Scheduling Order, by Exide Holdings, Inc.. (Attachments: #1 Letter)(Shapiro, Zachary) Modified on 12/9/2020 (nms).
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Filing 39
APPENDIX, Part 3 of 3 re #36 Appellant's Brief, by The California Department of Toxic Substances Control. (Stuhlman, Gregory) Modified on 11/20/2020 (nms).
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Filing 38
APPENDIX, Part 2 of 3 re #36 Appellant's Brief, by The California Department of Toxic Substances Control. (Stuhlman, Gregory) Modified on 11/20/2020 (nms).
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Filing 37
APPENDIX, Part 1 of 3 re #36 Appellant's Brief, by The California Department of Toxic Substances Control. (Stuhlman, Gregory) Modified on 11/20/2020 (nms).
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CORRECTING ENTRY: The appendices filed at D.I. 37, 38, 39, 40, and 41 have been removed from the docket. The appendix needs to be more efficiently filed. The appendix also needs to have appropriately captioned titled cover pages indicating what volume of the appendix they are and the tab numbers included therein. Counsel is to refile accordingly. (nms)
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CORRECTING ENTRY: The appendix filed at D.I. 37 has been removed from the docket. The standard is that everything filed at one docket item transaction needs to be all bound together as one. The Court is not confident that 1988 pages can be all bound as one. Counsel is directed again to refile the appendix in an efficient multi-volume set with appropriate labeled cover pages. (nms)
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Filing 36
Appellant's Brief, by The California Department of Toxic Substances Control. (Stuhlman, Gregory) Modified on 11/19/2020 (nms).
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Filing 35
SO ORDERED Granting #33 Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation (*Set Deadlines: Appellant Brief due by 11/18/2020, Appellee Brief due by 12/21/2020, Appellant Reply Brief due by 1/5/2021). Signed by Judge Richard G. Andrews on 11/18/2020. (nms)
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Filing 34
NOTICE of Appearance by Gregory Erich Stuhlman on behalf of The California Department of Toxic Substances Control (Stuhlman, Gregory)
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Filing 33
Recommendation that Bankruptcy Appeal be withdrawn from mandatory mediation. Signed by Judge Mary Pat Thynge on 11/9/20. (cak)
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Pro Hac Vice Attorney Peter Friedman for The California Department of Toxic Substances Control 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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Pro Hac Vice Attorney Daniel L. Cantor and Nancy A. Mitchell for The California Department of Toxic Substances Control 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. (mal)
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Filing 32
Official Transcript of Oral Argument Videoconference held on 10/22/20 before Judge Richard G. Andrews. Court Reporter Jennifer Guy,Email: Jenniferguyrpr@gmail.com. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 11/13/2020. Redacted Transcript Deadline set for 11/23/2020. Release of Transcript Restriction set for 1/21/2021. (Triozzi, Heather)
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Filing 31
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, November 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 10/23/20. (cak)
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Minute Entry for proceedings held before Judge Richard G. Andrews - Hearing on Emergency Motion held on 10/22/2020. Counsel for Appellant: P. Friedman. Counsel for Appellee: S. Singh. Counsel for U.S. EPA: A. Tenenbaum. (Court Reporter Jennifer Guy.) (lak)
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Filing 30
ORDER: The Emergency Motion...for Stay Pending Appeal (D.I. #4 ) is DENIED. Signed by Judge Richard G. Andrews on 10/22/2020. (nms)
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Filing 29
NOTICE of Appearance by Alan S Tenenbaum on behalf of United States on behalf of the Environmental Protection Agency (Tenenbaum, Alan)
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Filing 28
MOTION for Pro Hac Vice Appearance of Attorney Nancy A. Mitchell - filed by The California Department of Toxic Substances Control. (Hinker, Matthew)
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Filing 27
MOTION for Pro Hac Vice Appearance of Attorney Daniel L. Cantor - filed by The California Department of Toxic Substances Control. (Hinker, Matthew)
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Filing 26
MOTION for Pro Hac Vice Appearance of Attorney Peter Friedman - filed by The California Department of Toxic Substances Control. (Hinker, Matthew)
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Filing 25
MOTION for Pro Hac Vice Appearance of Attorney Michael A. Kaplan, Esq. - filed by Creditors' Committee. (Stulman, Aaron)
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Filing 24
MOTION for Pro Hac Vice Appearance of Attorney Robert M. Hirsh, Esq. - filed by Creditors' Committee. (Stulman, Aaron)
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Filing 23
MOTION for Pro Hac Vice Appearance of Attorney Eric S. Chafetz, Esq. - filed by Creditors' Committee. (Stulman, Aaron)
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Filing 22
MOTION for Pro Hac Vice Appearance of Attorney Alice Belisle Eaton, Robert A. Britton, William A. Clareman, Jacqueline P. Rubin, David Giller, and Cameron S. Friedman - filed by Requisite Noteholders. (Morgan, Pauline)
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Filing 21
ORAL ORDER: The Motion for Pro Hac Vice Appearance of Attorney Robert M. Hirsh, Esq. (D.I. #18 ) is Denied without prejudice to renew. Certifications by counsel need to be dated as to the day they were signed. Ordered by Judge Richard G. Andrews on 10/22/2020. (nms)
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Filing 20
ORAL ORDER: The Motion for Pro Hac Vice Appearance of Attorney Michael A. Kaplan, Esq. (D.I. #16 ) is Denied without prejudice to renew. Certifications by counsel need to be dated as to the day they were signed. Ordered by Judge Richard G. Andrews on 10/22/2020. (nms)
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Filing 19
ORAL ORDER: The Motion for Pro Hac Vice Appearance of Attorney Eric S. Chafetz, Esq. (D.I. #15 ) is Denied without prejudice to renew. Certifications by counsel need to be dated as to the day they were signed. Ordered by Judge Richard G. Andrews on 10/22/2020. (nms)
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CORRECTING ENTRY: D.I. 17 has been recoded to reflect the filing is a response and not a reply. The incorrect filing code was used in the first instance. (nms)
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SO ORDERED, re #27 MOTION for Pro Hac Vice Appearance of Attorney Daniel L. Cantor, filed by The California Department of Toxic Substances Control; #28 MOTION for Pro Hac Vice Appearance of Attorney Nancy A. Mitchell, filed by The California Department of Toxic Substances Control. Signed by Judge Richard G. Andrews on 10/22/2020. (nms)
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SO ORDERED, re #26 MOTION for Pro Hac Vice Appearance of Attorney Peter Friedman, filed by The California Department of Toxic Substances Control; #24 MOTION for Pro Hac Vice Appearance of Attorney Robert M. Hirsh, Esq., filed by Creditors' Committee; #25 MOTION for Pro Hac Vice Appearance of Attorney Michael A. Kaplan, Esq., filed by Creditors' Committee; #23 MOTION for Pro Hac Vice Appearance of Attorney Eric S. Chafetz, Esq., filed by Creditors' Committee. Signed by Judge Richard G. Andrews on 10/22/2020. (nms)
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Remark: The public may access the hearing scheduled for 10/22/2020, at 3:30 pm by dialing the following phone number: +1 202-503-1666, then enter Conference ID: 265324228#. The dial-in information provides listening capabilities only. (nms)
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SO ORDERED, re #22 MOTION for Pro Hac Vice Appearance of Attorney Alice Belisle Eaton, Robert A. Britton, William A. Clareman, Jacqueline P. Rubin, David Giller, and Cameron S. Friedman, filed by Requisite Noteholders. Signed by Judge Richard G. Andrews on 10/22/2020. (nms)
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Filing 18
MOTION for Pro Hac Vice Appearance of Attorney Robert M. Hirsh, Esq. - filed by Creditors' Committee. (Good, L.)
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Filing 17
RESPONSE in Objection to #4 MOTION to Stay, filed by Exide Holdings, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Compliance, #4 Certificate of Service)(Shapiro, Zachary) Modified on 10/22/2020 (nms).
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Filing 16
MOTION for Pro Hac Vice Appearance of Attorney Michael A. Kaplan, Esq. - filed by Creditors' Committee. (Stulman, Aaron)
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Filing 15
MOTION for Pro Hac Vice Appearance of Attorney Eric S. Chafetz, Esq. - filed by Creditors' Committee. (Samis, Christopher)
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Filing 14
ANSWERING BRIEF in Opposition re #4 MOTION to Stay filed by United States on behalf of the Environmental Protection Agency.Reply Brief due date per Local Rules is 10/28/2020. (Indrisano, Matthew)
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Filing 13
NOTICE of Appearance by Matthew Carmen Indrisano on behalf of United States on behalf of the Environmental Protection Agency (Indrisano, Matthew)
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Filing 12
ORAL ORDER: A hearing on the Emergency Motion to Stay (D.I. #4 ) is now set for 10/22/2020, at 3:30 PM. The hearing will be held using Skype for business. An email from Appellant's counsel with all of the email addresses for those participating in the hearing shall be due to the Court's Case Manager by 10:00 AM on 10/22/2020. Ordered by Judge Richard G. Andrews on 10/21/2020. (nms)
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Filing 11
NOTICE of Filing Transcript, by The California Department of Toxic Substances Control. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Hinker, Matthew) Modified on 10/21/2020 (nms).
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Filing 10
MOTION for Pro Hac Vice Appearance of Attorney Aaron J. Curtis - filed by Exide Holdings, Inc.. (DeFranceschi, Daniel)
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Filing 9
MOTION for Pro Hac Vice Appearance of Attorney Paul R. Genender - filed by Exide Holdings, Inc.. (DeFranceschi, Daniel)
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Filing 8
MOTION for Pro Hac Vice Appearance of Attorney Jared R. Friedmann - filed by Exide Holdings, Inc.. (DeFranceschi, Daniel)
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Filing 7
MOTION for Pro Hac Vice Appearance of Attorney Sunny Singh - filed by Exide Holdings, Inc.. (DeFranceschi, Daniel)
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Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (nms)
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SO ORDERED, re #10 MOTION for Pro Hac Vice Appearance of Attorney Aaron J. Curtis, #8 MOTION for Pro Hac Vice Appearance of Attorney Jared R. Friedmann, #9 MOTION for Pro Hac Vice Appearance of Attorney Paul R. Genender, and #7 MOTION for Pro Hac Vice Appearance of Attorney Sunny Singh, filed by Exide Holdings, Inc.. Signed by Judge Richard G. Andrews on 10/21/2020. (nms)
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Filing 6
NOTICE of Supplement to Emergency Motion for Stay Pending Appeal (D.I. #4 ), by The California Department of Toxic Substances Control (Attachments: #1 Exhibit A, #2 Certificate of Service)(Hinker, Matthew) Modified on 10/20/2020 (nms).
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Filing 5
ORAL ORDER: Any party opposing the motion for stay pending appeal (D.I. #4 ) should submit a brief in support of that position no later than October 21, 2020. Ordered by Judge Richard G. Andrews on 10/19/2020. (nms)
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Filing 4
EMERGENCY MOTION to Stay Pending Appeal of Order Confirming Fourth Amended Joint Chapter 11 Plan of Exide Holdings, Inc. and its Affiliated Debtors - filed by The California Department of Toxic Substances Control. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Certificate of Compliance, #7 Certificate of Service)(amf) Modified on 10/19/2020 (nms).
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Filing 3
Local Counsel Letter sent. Notice of Compliance deadline set for 11/18/2020. (amf)
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Filing 2
NOTICE of Docketing Bankruptcy Appeal. (amf)
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Filing 1
Notice of APPEAL FROM BANKRUPTCY COURT appealing the Order entered on 10/16/2020 by Chief Judge Christopher S. Sontchi in Bankruptcy case number 20-11157 (CSS). Fee Status Paid. Filed by The California Department of Toxic Substances Control. (Attachments: #1 Order on Appeal, #2 Letter from Chief Judge Sontchi regarding Order on Appeal, #3 Bankruptcy Court Transmittal)(amf)
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NO DESIGNATION OF RECORD FILED (amf)
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Remark: Exit electronic copies of emergency motion forwarded to Duty Judge (RGA). (amf)
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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. (amf)
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