York County v. Appaloosa Management, LP et al
| York County |
| Appaloosa Management, LP, DT Sports Holding, LLC, Tepper Sports Holding, Inc. and Rock Hill, The City of |
| 1:2022cv01222 |
| September 20, 2022 |
| US District Court for the District of Delaware |
| Maryellen Noreika |
| Contract: Other |
| 28 U.S.C. § 1452 Removal of Claim in Civil Action Related to BK. Case |
| Plaintiff |
Docket Report
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Filing 36
ORDER referring case to the District of Delaware Bankruptcy Court. ***Civil Case Terminated.. Signed by Judge Maryellen Noreika on 9/30/2022. (mdb)
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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) |
| Filing 35 Local Counsel Letter sent. Notice of Compliance deadline set for 10/20/2022. (vfm) |
| Filing 34 Record of case transferred in from District of South Carolina; Case Number in Other District: 0:22-cv-02167. Copy of Docket Sheet and original file |
| Filing 33 Case transferred to District of Delaware. The Transferring Clerk's Office hereby attests the record and the docket sheet available through CM/ECF to be the certified list. (cbru, ) [Transferred from South Carolina on 9/20/2022.] |
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Filing 32
ORDER transferring this action to the District of Delaware for reference to the Delaware Bankruptcy Court, Bankruptcy Petition #22-10505-KBO. Signed by Honorable Cameron McGowan Currie on 9/19/2022. (cbru, ) [Transferred from South Carolina on 9/20/2022.]
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| Filing 30 REPLY to Response to Motion re #9 MOTION to Change Venue. Response filed by Appaloosa Management, LP, DT Sports Holding, LLC, Tepper Sports Holding, Inc. (Attachments: #1 Declaration of Christopher A. Ogiba, #2 Exhibit A - York County Proof of Claim)(Ogiba, Christopher) Modified to edit text on 9/7/2022 (cbru, ). [Transferred from South Carolina on 9/20/2022.] |
| Filing 29 TEXT ORDER granting #27 Motion for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss. (Response to Motion due 7 days after the court's ruling on #9 MOTION to Change Venue) Signed by Honorable Cameron McGowan Currie on 8/30/2022.(cbru, ) [Transferred from South Carolina on 9/20/2022.] |
| Filing 28 RESPONSE in Opposition re #9 MOTION to Change Venue Response filed by York County.Reply to Response to Motion due by 9/6/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit A - 2015 SDNY Memo in Support of Motion to Transfer Venue)(Crapps, Jordan) [Transferred from South Carolina on 9/20/2022.] |
| Filing 27 Consent MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss by York County. Response to Motion due by 9/12/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Lay, John) [Transferred from South Carolina on 9/20/2022.] |
| Filing 26 TEXT ORDER granting #25 Motion to Appear Pro Hac Vice. Signed by Honorable Cameron McGowan Currie on 8/18/2022.(cbru, ) [Transferred from South Carolina on 9/20/2022.] |
| Filing 25 MOTION to Appear Pro Hac Vice by James P. McLoughlin, Jr. (Filing fee $350 receipt number ASCDC-10652587) by Appaloosa Management, LP, DT Sports Holding, LLC, Tepper Sports Holding, Inc. Response to Motion due by 8/31/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Application/Affidavit and Certificate of Good Standing, #2 Proposed Order) No proposed order.(Ogiba, Christopher) Modified to edit text on 8/17/2022 (cbru, ). [Transferred from South Carolina on 9/20/2022.] |
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Filing 24
ORDER denying #16 MOTION to Remand to State Court. (Response to #9 Motion to Transfer Venue due by 8/29/2022) Signed by Honorable Cameron McGowan Currie on 8/17/2022. (cbru, ) [Transferred from South Carolina on 9/20/2022.]
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| Filing 23 REPLY to Response to Motion re #16 MOTION to Remand to State Court Response filed by York County. (Crapps, Jordan) [Transferred from South Carolina on 9/20/2022.] |
| Filing 22 TEXT ORDER granting #21 MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss. (Response to Motion due 14 days after the court's jurisdictional ruling/ruling on the motion to remand) Signed by Honorable Cameron McGowan Currie on 8/15/2022. (cbru, ) [Transferred from South Carolina on 9/20/2022.] |
| Filing 21 MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss by York County. Response to Motion due by 8/26/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Lay, John) (Main Document 21 replaced on 8/15/2022) (cbru, ). [Transferred from South Carolina on 9/20/2022.] |
| Filing 20 Letter from Christopher A. Ogiba. (Attachments: #1 Notice of Adjournment of Hearing on MBM's Motion to Transfer Venue)(Ogiba, Christopher) Modified to edit text on 8/12/2022 (cbru, ). [Transferred from South Carolina on 9/20/2022.] |
| Filing 19 RESPONSE in Opposition re #16 MOTION to Remand to State Court Response filed by Appaloosa Management, LP, DT Sports Holding, LLC, Tepper Sports Holding, Inc..Reply to Response to Motion due by 8/15/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Declaration of Christopher A. Ogiba, #2 Exhibit A - GTRE's Adversary Complaint filed in BK Case, #3 Exhibit B - GTRE's Adversary Complaint filed in Adversary Proceeding, #4 Exhibit C - GTRE's Motion for Preliminary Injunction, #5 Exhibit D - York County Demand Letter, #6 Exhibit E - York County v. GTRE - York County's Notice of Lis Pendens, #7 Exhibit F - City of Rock Hill's Memo in Support of Notice of Removal, #8 Exhibit G - Limited Liability Company Agreement)(Ogiba, Christopher) Modified to edit text on 8/9/2022 (cbru, ). [Transferred from South Carolina on 9/20/2022.] |
| Filing 18 MOTION to Dismiss by Appaloosa Management, LP, DT Sports Holding, LLC, Tepper Sports Holding, Inc.. Response to Motion due by 8/18/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support Memorandum in Support of Motion to Dismiss, #2 Supporting Documents Declaration of Chris Ogiba (re Exhibits), #3 Exhibit Bankruptcy Case, #4 Exhibit FILOT Agreement, #5 Exhibit Land Development Agreement, #6 Exhibit Finance and Construction Administration Agreement, #7 Exhibit Interlocal Agreement, #8 Exhibit County's Demand Letter, #9 Exhibit GT Real Estate Holding, LLC's Adversary Complaint, #10 Exhibit Entry of Appearance and Request for Notices, #11 Exhibit York County Limited Objections, #12 Exhibit Pennies for Progress Referendum)No proposed order.(Ogiba, Christopher) [Transferred from South Carolina on 9/20/2022.] |
| Filing 17 Local Rule 26.01 Answers to Interrogatories by York County.(Crapps, Jordan) [Transferred from South Carolina on 9/20/2022.] |
| Filing 16 MOTION to Remand to State Court by York County. Response to Motion due by 8/17/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit 1 - Summons and Complaint)No proposed order.(Crapps, Jordan) Modified to edit text on 8/3/2022 (cbru, ). [Transferred from South Carolina on 9/20/2022.] |
| Filing 15 TEXT ORDER: Plaintiff's motion (ECF #14 ) to extend the time for its response to the Motion to Transfer Venue (ECF #9 ) filed by Appaloosa Management, LP; DT Sports Holding, LLC; and Tepper Sports Holding, Inc. (collectively, "Corporate Defendants") to 14 days after the decision of the Delaware Bankruptcy Court on the motion to transfer to South Carolina (Bankruptcy Petition #22-10505-KBO, ECF No. 112 (Bankr. Del. June 24, 2022)) is GRANTED. The court grants this motion because a decision by the Delaware Bankruptcy Court to transfer the case to South Carolina is likely to moot the transfer motion pending before this court. Additionally, whether the Delaware court's decision is to transfer the Bankruptcy case to South Carolina or not, this court will be required to determine whether it has jurisdiction over the South Carolina State Court Action removed to this court before it may consider any issue of transfer to a Bankruptcy court. The Notice of Removal relies on sections 1452 and 1334 of Title 28 and in particular section 1334(b). Section 1334(b) provides, in pertinent part, that a district court's jurisdiction extends to those civil proceedings that "arise under," "arise in," or are "related to" a case filed under the Bankruptcy Code. Corporate Defendants contend that Counts 1 through 4 of the South Carolina State Court Action are core proceedings "arising under" or "arising in" the Bankruptcy Court's jurisdiction within the meaning of section 157(b)(1) and (2) of Title 28. Alternatively, they argue such counts are "related to" the Bankruptcy case. Accordingly, Plaintiff is directed to address the jurisdictional issue of whether Counts 1-4 of the South Carolina State Court Action are core proceedings or, alternatively, are related to the Bankruptcy case in a memorandum filed no later than August 3, 2022. Corporate Defendants may file a Response no later than August 8, 2022. (Jurisdictional Memo due by 8/3/2022, Response due by 8/8/2022) Signed by Honorable Cameron McGowan Currie on 7/26/2022. (cbru, ) [Transferred from South Carolina on 9/20/2022.] |
| Filing 14 MOTION for Extension of Time to File Response/Reply as to #9 MOTION to Change Venue by York County. Response to Motion due by 8/5/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Motion to Change Venue, #2 Exhibit B - Notice of Adjournment of Hearing)No proposed order.(Lay, John) Modified to link correct event to associated event on 7/25/2022 (cbru, ). [Transferred from South Carolina on 9/20/2022.] |
| Filing 13 TEXT ORDER granting #6 Motion to Appear Pro Hac Vice. Signed by Honorable Cameron McGowan Currie on 7/19/2022.(cbru, ) [Transferred from South Carolina on 9/20/2022.] |
| Filing 12 Additional Attachments to Main Document #6 MOTION to Appear Pro Hac Vice by Phara Amy Guberman ( Filing fee $ 350 receipt number BSCDC-10591555). First attachment description: Application/Affidavit for Pro Hac Vice Admission . (Ogiba, Christopher) [Transferred from South Carolina on 9/20/2022.] |
| Filing 11 TEXT ORDER granting #7 Motion to Appear Pro Hac Vice; granting #8 Motion to Appear Pro Hac Vice. Signed by Honorable Cameron McGowan Currie on 7/15/2022.(cbru, ) [Transferred from South Carolina on 9/20/2022.] |
| Filing 10 TEXT ORDER: Items #16 and #17 were not included on the Application/Affidavit for Pro Hac Vice Admission of Phara Amy Guberman (Dkt. No. 6-1). Defendants Appaloosa Management, LP, DT Sports Holding, LLC, and Tepper Sports Holding, Inc. shall file an amended Application/Affidavit including all required information no later than July 22, 2022. (Additional Attachment due by 7/22/2022) Signed by Honorable Cameron McGowan Currie on 7/15/2022. (cbru, ) [Transferred from South Carolina on 9/20/2022.] |
| Filing 9 MOTION to Change Venue by Appaloosa Management, LP, DT Sports Holding, LLC, Tepper Sports Holding, Inc. Response to Motion due by 7/28/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Declaration of Chris Ogiba (re Exhibits), #3 Exhibit A - Bankruptcy Petition, #4 Exhibit B - Executed FILOT Agreement, #5 Exhibit C - Land Development Agreement, #6 Exhibit D - Finance and Construction Administration Agreement, #7 Exhibit E - Dedication Agreement, #8 Exhibit F - Default Notice, #9 Exhibit G - York County Demand Letter, #10 Exhibit H - GT Real Estate Response Letter, #11 Exhibit I - York County Complaint, #12 Exhibit J - Entry of Appearance (Bankruptcy Ct.), #13 Exhibit K - York County Limited Objection (Bankruptcy Ct.), #14 Exhibit L - Notice of Removal, #15 Exhibit M - Notice of Filing Notice of Removal)No proposed order.(Ogiba, Christopher) Modified to edit text on 7/14/2022 (cbru, ). [Transferred from South Carolina on 9/20/2022.] |
| Filing 8 MOTION to Appear Pro Hac Vice by Daniel Alexander Fliman (Filing fee $350 receipt number ASCDC-10591669) by Appaloosa Management, LP, DT Sports Holding, LLC, Tepper Sports Holding, Inc. Response to Motion due by 7/28/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Application/Affidavit and Certificate of Good Standing, #2 Proposed Order)No proposed order.(Ogiba, Christopher) Modified to edit text on 7/14/2022 (cbru, ). [Transferred from South Carolina on 9/20/2022.] |
| Filing 7 MOTION to Appear Pro Hac Vice by Barry Gordon Sher (Filing fee $350 receipt number ASCDC-10591604) by Appaloosa Management, LP, DT Sports Holding, LLC, Tepper Sports Holding, Inc. Response to Motion due by 7/28/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Application/Affidavit and Certificate of Good Standing, #2 Proposed Order)No proposed order.(Ogiba, Christopher) Modified to edit text on 7/14/2022 (cbru, ). [Transferred from South Carolina on 9/20/2022.] |
| Filing 6 MOTION to Appear Pro Hac Vice by Phara Amy Guberman (Filing fee $350 receipt number BSCDC-10591555) by Appaloosa Management, LP, DT Sports Holding, LLC, Tepper Sports Holding, Inc. Response to Motion due by 7/28/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Application/Affidavit and Certificate of Good Standing, #2 Proposed Order)No proposed order.(Ogiba, Christopher) Modified to edit text on 7/14/2022 (cbru, ). Additional attachment filed as entry #12 on 7/19/2022 (cbru, ). [Transferred from South Carolina on 9/20/2022.] |
| Filing 5 Supplement Local Rule 26.01 Answers to Interrogatories by Appaloosa Management, LP, DT Sports Holding, LLC, Tepper Sports Holding, Inc..(Ogiba, Christopher) [Transferred from South Carolina on 9/20/2022.] |
| Filing 4 TEXT ORDER: Defendants Appaloosa Management, LP, DT Sports Holding, LLC, and Tepper Sports Holding, Inc.'s response to Local Civil Rule Interrogatory 26.01(C) filed as ECF No. #3 is incomplete. These parties are directed to file a complete response to all subparts of the inquiry within three business days of entry of this order. (Supplement due by 7/13/2022) Signed by Honorable Cameron McGowan Currie on 7/8/2022. (cbru, ) [Transferred from South Carolina on 9/20/2022.] |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Appaloosa Management, LP, DT Sports Holding, LLC, Tepper Sports Holding, Inc.(cbru, ) [Transferred from South Carolina on 9/20/2022.] |
| Filing 2 CIVIL COVER SHEET - Private Entry. (cbru, ) [Transferred from South Carolina on 9/20/2022.] |
| Filing 1 NOTICE OF REMOVAL from York County Court of Common Pleas, case number 2022-CP-46-01756 (Filing fee $402 receipt number ASCDC-10579371) filed by DT Sports Holding, LLC, Tepper Sports Holding, Inc., Appaloosa Management, LP. (Attachments: #1 Exhibit A - Summons and Complaint)(cbru, ) [Transferred from South Carolina on 9/20/2022.] |
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