Prospect Capital Management L.P. v. Stratera Holdings, LLC et al
| Prospect Capital Management L.P. |
| Stratera Holdings, LLC and Destra Capital Managers LLC |
| 1:2022mc00089 |
| February 15, 2022 |
| US District Court for the District of Delaware |
| Christopher J Burke |
| Maryellen Noreika |
| Other Statutes: Arbitration |
| 09 U.S.C. § 207 Confirm Arbitral Award |
| None |
Docket Report
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SO ORDERED D.I. #21 MOTION for Pro Hac Vice Appearance of Attorney Bobby G. Pryor, Dana G. Bruce and Matt Hill filed by Destra Capital Managers LLC, Stratera Holdings, LLC. Ordered by Judge Christopher J. Burke on 4/14/2022. (dlb)
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Filing 29
ORDER GOVERNING BRIEFING SCHEDULE re D.I. #14 MOTION Supplemental Petition and Motion to Confirm Arbitration Award and Vacate Unauthorized Modifications filed by Prospect Capital Management L.P. Signed by Judge Christopher J. Burke on 4/7/2022. (dlb)
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| Filing 28 Joint STATEMENT re 26 Oral Order, by Prospect Capital Management L.P.. (Mowery, Katharine) |
| Filing 27 Joint STATUS REPORT by Prospect Capital Management L.P.. (Attachments: #1 Text of Proposed Order Governing Briefing Schedule)(Mowery, Katharine) |
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Filing 26
ORAL ORDER: By no later than April 6, 2022, the parties shall meet and confer and submit a letter of no more than one (1) single-spaced page indicating whether they would jointly agree to consent to Judge Burke's jurisdiction to conduct all proceedings in this case. Ordered by Judge Christopher J. Burke on 3/31/2022. (dlb)
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| Filing 25 AFFIDAVIT of Service for Supplemental Petition and Motion to Confirm the Arbitration Award and Vacate Unauthorized Modifications and the Supplemental Declaration of Katharine L. Mowery, Esq. in Support of Petition and Motion to Confirm Arbitration Award and Vacate Unauthorized Modifications served on the registered agents of Stratera Holdings, LLC and Destra Capital Managers, LLC on March 14, 2022, filed by Prospect Capital Management L.P.. (Attachments: #1 Exhibit A)(Mowery, Katharine) |
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Filing 24
ORAL ORDER: The Court, having reviewed the docket, hereby ORDERS that by no later than April 6, 2022, the parties shall file a joint status report, of no more than two (2) single-spaced pages, in which they address: (1) whether the Court needs to enter any type of case schedule for this case; (2) whether the Court needs to set a briefing schedule regarding the pending Petitions/Motions, (D.I. 1; D.I. 14); and (3) whether the Court needs to do anything else at this time. The parties may address any other case status-related issue that they think pertinent in their joint letter.Ordered by Judge Christopher J. Burke on 3/30/2022. (mlc)
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| Filing 23 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Destra Capital Managers LLC, Stratera Holdings, LLC. (Choa, Jonathan) |
| Filing 22 ANSWER to Complaint by Destra Capital Managers LLC, Stratera Holdings, LLC.(Choa, Jonathan) |
| Filing 21 MOTION for Pro Hac Vice Appearance of Attorney Bobby G. Pryor, Dana G. Bruce and Matt Hill - filed by Destra Capital Managers LLC, Stratera Holdings, LLC. Motions referred to Christopher J. Burke.(Choa, Jonathan) |
| Filing 20 NOTICE of Appearance by Jonathan A. Choa on behalf of Destra Capital Managers LLC, Stratera Holdings, LLC (Choa, Jonathan) |
| Filing 19 USM 285 Returned Executed: Stratera Holdings, LLC Summons and Order served on 3/14/2022, answer due 4/4/2022. (Attachments: #1 Stratera USM Unexecuted attempt)(smg) |
| Filing 18 USM 285 Returned Executed: Stratera Holdings, LLC Motion/Petition served on 3/14/2022, answer due 4/4/2022. (Attachments: #1 Stratera USM Unexecuted attempt)(smg) |
| Filing 17 USM 285 Returned Unexecuted as to Destra Capital Managers LLC for Motion/Petition. (smg) |
| Filing 16 USM 285 Returned Unexecuted as to Destra Capital Managers LLC for Summons and Order. (smg) |
| Filing 15 Supplemental DECLARATION re #14 MOTION Supplemental Petition and Motion to Confirm Arbitration Award and Vacate Unauthorized Modifications of Katharine L. Mowery, Esq. by Prospect Capital Management L.P.. (Attachments: #1 Exhibit 6)(Mowery, Katharine) |
| Filing 14 MOTION Supplemental Petition and Motion to Confirm Arbitration Award and Vacate Unauthorized Modifications - filed by Prospect Capital Management L.P.. (Attachments: #1 Text of Proposed Order)Motions referred to Christopher J. Burke.(Mowery, Katharine) |
| Filing 13 SUMMONS Returned Executed by Prospect Capital Management L.P.. Stratera Holdings, LLC served on 3/8/2022, answer due 3/29/2022. (Mowery, Katharine) |
| Filing 12 SUMMONS Returned Executed by Prospect Capital Management L.P.. Destra Capital Managers LLC served on 3/8/2022, answer due 3/29/2022. (Mowery, Katharine) |
| MOTION REFERRED: #1 MOTION Motion referred to Christopher J. Burke.(dlb) |
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Filing 11
ORAL ORDER REFERRING CASE to Magistrate Judge Christopher J. Burke - IT IS HEREBY ORDERED that this case and the #1 pending petition and motion are referred to Magistrate Judge Christopher J. Burke subject to 28 U.S.C. 636(b) and any further Order of the Court. All subsequent filings in this action shall be captioned as follows: Civil Action No. 22-mc-89-MN-CJB. ORDERED by Judge Maryellen Noreika on 2/28/2022. Motion referred to Christopher J. Burke.(dlw)
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Filing 10
ORDER GRANTING #8 Application for Order Directing Service by U.S. Marshal to Stratera Holdings, LLC. Signed by Judge Maryellen Noreika on 2/24/2022. (dlw)
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Filing 9
ORDER GRANTING #7 Application for Order Directing Service by U.S. Marshal to Destra Capital Managers LLC. Signed by Judge Maryellen Noreika on 2/24/2022. (dlw)
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| Filing 8 MOTION to Appoint Process Server (Stratera Holdings) - filed by Prospect Capital Management L.P.. (Attachments: #1 Text of Proposed Order, #2 Exhibit A)(Mowery, Katharine) Modified on 2/24/2022 (dlw). |
| Filing 7 MOTION to Appoint Process Server (Destra Capital Managers LLC) - filed by Prospect Capital Management L.P. (Attachments: #1 Text of Proposed Order, #2 Exhibit A)(Mowery, Katharine) Modified on 2/24/2022 (dlw). |
| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) |
| Filing 6 Summons Issued with Magistrate Consent Notice attached as to Destra Capital Managers LLC on 2/15/2022; Stratera Holdings, LLC on 2/15/2022. (Attachments: #1 Summons Issued Destra Capital Managers LLC)(mal) |
| Filing 5 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Prospect Capital Management L.P.. (mal) |
| Filing 4 DECLARATION of Katharine L. Mowery, Esquire in Support of D.I. #1 PETITION AND MOTION TO CONFIRM ARBITRATION AWARD AND VACATE UNAUTHORIZED MODIFICATIONS, by Prospect Capital Management L.P.. (mal) (Additional attachment(s) added on 2/17/2022: #1 Exhibit 1-5) (dlw). |
| Filing 3 OPENING BRIEF in Support D.I. #1 PETITION AND MOTION TO CONFIRM ARBITRATION AWARD AND VACATE UNAUTHORIZED MODIFICATIONS - filed by Prospect Capital Management L.P..Answering Brief/Response due date per Local Rules is 3/1/2022. (mal) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mal) |
| Filing 1 PETITION AND MOTION TO CONFIRM ARBITRATION AWARD AND VACATE UNAUTHORIZED MODIFICATIONS - filed against Destra Capital Managers LLC, Stratera Holdings, LLC - Magistrate Consent Notice to Pltf. ( Filing fee $ 49, receipt number ADEDC-3803052.) - filed by Prospect Capital Management L.P.. (Attachments: # 1 Exhibit 1-5, #2 Text of Proposed Order, #3 Civil Cover Sheet)(mal) Modified on 2/17/2022 (dlw). |
| Remark: Case submitted for routine judicial assignment. (nmg) |
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