The Estate of Ewell E. Long v. Wilmington Savings Fund Society, FSB et al
| The Estate of Ewell E. Long |
| Wilmington Savings Fund Society, FSB, BroadRiver III, LP and Cook Street Master Trust III |
| Cook Street Master Trust III |
| The Estate of Ewell E. Long |
| 1:2025cv00358 |
| March 21, 2025 |
| U.S. District Court for the District of Delaware |
| Maryellen Noreika |
| Insurance |
| 28 U.S.C. § 1446 Notice of Removal |
| Defendant |
Docket Report
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This docket was last retrieved on September 11, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 69 AMENDED ANSWER to #26 Amended Complaint,, COUNTERCLAIM against The Estate of Ewell E. Long by Cook Street Master Trust III. (Attachments: #1 Exhibits 1 - 5)(Goeller, Matthew) |
| Filing 68 AMENDED ANSWER to #26 Amended Complaint, by BroadRiver III, LP. (Goeller, Matthew) |
| Filing 67 AMENDED ANSWER to #26 Amended Complaint, by Wilmington Savings Fund Society, FSB. (Goeller, Matthew) |
| Filing 66 ANSWER to #61 Answer to Amended Complaint, Counterclaim by The Estate of Ewell E. Long.(Barillo, Nathan) Modified on 9/12/2025 (dlw). |
| Filing 65 NOTICE of Subpoena to Lisa Schoenhouse by BroadRiver III, LP, Cook Street Master Trust III, Wilmington Savings Fund Society, FSB (Attachments: #1 Subpoena to Lisa Schoenhouse)(Goeller, Matthew) |
| Filing 64 NOTICE of Subpoena to Kenton Long by BroadRiver III, LP, Cook Street Master Trust III, Wilmington Savings Fund Society, FSB (Attachments: #1 Subpoena to Kenton Long)(Goeller, Matthew) |
| Filing 63 NOTICE OF SERVICE of Defendants Responses and Objections to Plaintiff The Estate of Ewell E. Longs First Request for the Production of Documents (Nos. 1-30) filed by BroadRiver III, LP, Cook Street Master Trust III, Wilmington Savings Fund Society, FSB.(Goeller, Matthew) |
| Filing 62 NOTICE OF SERVICE of Defendants Wilmington Savings Fund Society, FSB; Broadriver III, LP; and Cook Street Master Trust IIIs Second Set of Requests for Production of Documents and First Set of Interrogatories filed by BroadRiver III, LP, Cook Street Master Trust III, Wilmington Savings Fund Society, FSB.(Goeller, Matthew) |
| Filing 61 ANSWER to Amended Complaint, re: #26 Amended Complaint, with Jury Demand , COUNTERCLAIM against The Estate of Ewell E. Long by Cook Street Master Trust III. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Caponi, Steven) |
| Filing 60 ANSWER to Amended Complaint, re: #26 Amended Complaint, with Jury Demand by BroadRiver III, LP.(Caponi, Steven) |
| Filing 59 ANSWER to Amended Complaint, re: #26 Amended Complaint, with Jury Demand by Wilmington Savings Fund Society, FSB.(Caponi, Steven) |
| Filing 58 SUBPOENA Returned Executed as to Brian A. Sullivan on July 21, 2025 (Barillo, Nathan) |
| Filing 57 SUBPOENA Returned Executed as to Fasano Associates, Inc. on July 21, 2025 (Barillo, Nathan) |
| Filing 56 SUBPOENA Returned Executed as to TwentyFirst, LLC on July 21, 2025 (Barillo, Nathan) |
| Filing 55 STIPULATION TO EXTEND TIME to File Responsive Pleadings to First Amended Complaint to August 21, 2025 - filed by BroadRiver III, LP, Cook Street Master Trust III, Wilmington Savings Fund Society, FSB. (Goeller, Matthew) |
Filing 54
MEMORANDUM ORDER DENYING #28 MOTION to Dismiss, DENYING #31 MOTION to Dismiss. Signed by Judge Maryellen Noreika on 8/13/2025. (dlw)
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SO ORDERED re #55 STIPULATION TO EXTEND TIME to File Responsive Pleadings to First Amended Complaint to August 21, 2025 (Set/Reset Answer Deadlines: BroadRiver III, LP answer due 8/21/2025; Cook Street Master Trust III answer due 8/21/2025; Wilmington Savings Fund Society, FSB answer due 8/21/2025). ORDERED by Judge Maryellen Noreika on 8/13/2025. (dlw)
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| Filing 53 Official Transcript of Motion to Dismiss held on 7/31/25 before Judge Maryellen Noreika. Court Reporter Deanna Warner, Email: [email protected]. 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 8/27/2025. Redacted Transcript Deadline set for 9/8/2025. Release of Transcript Restriction set for 11/4/2025. (Warner, Deanna) |
| Minute Entry for proceedings held before Judge Maryellen Noreika - Motion Hearing held on 7/31/2025 re defendants' #28 , #31 Motions to Dismiss. After hearing arguments, the motions are DENIED. An order will be issued in due course. (Court Reporter Deanna Warner.) (mdb) |
| Filing 52 Letter to The Honorable Maryellen Noreika from Nathan Barillo regarding In support of Estate's Opposition to Defendants' MTD the FAC. (Attachments: #1 Exhibit 1)(Barillo, Nathan) Modified on 7/31/2025 (dlw). |
| Filing 51 NOTICE OF SERVICE of Plaintiff's First Requests for Production of Documents Directed to Defendants filed by The Estate of Ewell E. Long.(Barillo, Nathan) |
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Filing 50
SCHEDULING ORDER: Joinder of Parties due by 8/1/2025. Amended Pleadings due by 8/1/2025. Fact Discovery completed by 1/30/2026. Opening Expert Reports due by 2/27/2026. Rebuttal Expert Reports due by 3/17/2026. Reply Expert Reports due by 4/10/2026. Expert Discovery due by 4/24/2026. Dispositive Motions due by 5/29/2026. Answering Brief due 6/26/2026. Reply Brief due 7/17/2026. A Pretrial Conference is set for 12/21/2026 at 02:00 PM in Courtroom 4A before Judge Maryellen Noreika. A 5-day Jury Trial is set for 1/11/2027 at 09:30 AM in Courtroom 4A before Judge Maryellen Noreika. Signed by Judge Maryellen Noreika on 7/24/2025. (dlw)
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SO ORDERED re #48 MOTION for Pro Hac Vice Appearance of Attorney Duncan Becker filed by The Estate of Ewell E. Long. ORDERED by Judge Maryellen Noreika on 7/24/2025. (dlw)
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| Filing 49 Pro Hac Vice Fee - Credit Card Payment received for Duncan Becker. ( re #48 MOTION for Pro Hac Vice Appearance of Attorney Duncan Becker )( Payment of $ 50, receipt number ADEDC-4741393).(Barillo, Nathan) |
| Filing 48 MOTION for Pro Hac Vice Appearance of Attorney Duncan Becker - filed by The Estate of Ewell E. Long. (Attachments: #1 Certification of Attorney Seeking Admission Pro Hac Vice, #2 Text of Proposed Order)(Barillo, Nathan) |
| Pro Hac Vice Attorney Brian D. Burack for The Estate of Ewell E. Long 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. (slk) |
| Filing 47 PROPOSED ORDER // Scheduling Order by The Estate of Ewell E. Long. (Barillo, Nathan) Modified on 7/21/2025 (dlw). |
| Filing 46 Joint Rule 26(f) Report and Proposed Discovery Plan filed by The Estate of Ewell E. Long.(Barillo, Nathan) Modified on 7/21/2025 (dlw). |
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Filing 45
ORAL ORDER Setting Hearing on #28 , #31 Motions to Dismiss for Failure to State a Claim: IT IS HEREBY ORDERED that a Motion Hearing is set for 7/31/2025 at 02:00 PM in Courtroom 4A before Judge Maryellen Noreika. The Court is setting aside one hour for the hearing with the time split equally between the parties. Any slide presentations the parties wish to use during the hearing shall be emailed (in PDF format) to [email protected] no later than 24 hours prior to the hearing, with hard copies delivered to the Clerk's Office within one hour thereafter. The parties may, however, agree upon a different time to exchange their respective slides. ORDERED by Judge Maryellen Noreika on 7/18/2025. (mdb)
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| Filing 44 REPLY BRIEF re #28 MOTION to Dismiss for Failure to State a Claim filed by BroadRiver III, LP, Cook Street Master Trust III. (Attachments: #1 Declaration of Matthew B. Goeller, Esq. and Request for Judicial Notice, #2 Exhibit 7 in Support of Declaration of Matthew B. Goeller, Esq. and Request for Judicial Notice, #3 Exhibit 8 in Support of Declaration of Matthew B. Goeller, Esq. and Request for Judicial Notice)(Caponi, Steven) |
| Filing 43 REPLY BRIEF re #31 MOTION to Dismiss for Failure to State a Claim filed by Wilmington Savings Fund Society, FSB. (Caponi, Steven) |
| Filing 42 NOTICE OF SERVICE of Plaintiff's Initial Disclosures Pursuant to Rule 26(a)(1) via email filed by The Estate of Ewell E. Long.(Barillo, Nathan) |
| Filing 41 NOTICE OF SERVICE of Initial Disclosures, Pursuant to Rule 26 (a)(1) filed by BroadRiver III, LP, Cook Street Master Trust III, Wilmington Savings Fund Society, FSB.(Goeller, Matthew) |
| Filing 40 ANSWERING BRIEF in Opposition re #28 MOTION to Dismiss for Failure to State a Claim filed by The Estate of Ewell E. Long. Reply Brief due date per #34 Stipulation and Order is 7/17/2025. (Attachments: #1 Declaration of Kara Cheever, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Certificate of Compliance, #7 Text of Proposed Order)(Barillo, Nathan) Modified on 6/26/2025 (dlw). |
| Filing 39 CERTIFICATE OF SERVICE of Declaration of Kara Cheever, Esquire, in Support of the Estate's Opposition to Defendant's Motion to Dismiss, With Exhibits 3 and 4 by The Estate of Ewell E. Long re #38 Declaration, (Barillo, Nathan) |
| Filing 38 [SEALED] DECLARATION of Kara Cheever, Esquire, in Support of the Estate's Opposition to Defendant's Motion to Dismiss re #37 Answering Brief in Opposition, #31 MOTION to Dismiss for Failure to State a Claim by The Estate of Ewell E. Long. (Attachments: #1 Exhibit, #2 Exhibit)(Barillo, Nathan) |
| Filing 37 ANSWERING BRIEF in Opposition re #31 MOTION to Dismiss for Failure to State a Claim filed by The Estate of Ewell E. Long. Reply Brief due date per #34 Stipulation and Order is 7/17/2025. (Attachments: #1 Declaration of Kara Cheever, #2 Exhibit, #3 Exhibit, #4 Certificate of Compliance, #5 Text of Proposed Order)(Barillo, Nathan) Modified on 6/26/2025 (dlw). |
| Filing 36 NOTICE OF SERVICE of Defendants Wilmington Savings Fund Society, FSB; Broadriver III, LP; and Cook Street Master Trust IIIs First Set of Requests for Production of Documents filed by BroadRiver III, LP, Cook Street Master Trust III, Wilmington Savings Fund Society, FSB.(Goeller, Matthew) |
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Filing 35
SO ORDERED with MODIFICATION re #34 STIPULATION and Order (Set Briefing Schedule: re #28 MOTION to Dismiss, #31 MOTION to Dismiss - Answering Brief due 6/26/2025. Reply Brief due 7/17/2025). Signed by Judge Maryellen Noreika on 6/11/2025. (dlw)
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| Filing 34 Joint STIPULATION TO EXTEND TIME and Proposed Order to oppose Motions to Dismiss to setting new opposition deadlines to June 26, 2025, and the new reply deadlines to July 3, 2025 - filed by The Estate of Ewell E. Long. (Barillo, Nathan) |
| Filing 33 JOINDER by Wilmington Savings Fund Society, FSB, joining in #28 Motion to Dismiss for Failure to State a Claim . (Caponi, Steven) |
| Filing 32 OPENING BRIEF in Support re #31 MOTION to Dismiss for Failure to State a Claim filed by Wilmington Savings Fund Society, FSB.Answering Brief/Response due date per Local Rules is 6/12/2025. (Caponi, Steven) |
| Filing 31 MOTION to Dismiss for Failure to State a Claim - filed by Wilmington Savings Fund Society, FSB. (Attachments: #1 Text of Proposed Order Granting Motion to Dismiss the First Amended Complaint)(Caponi, Steven) |
| Filing 30 DECLARATION of Matthew B. Goeller, Esq. re #28 MOTION to Dismiss for Failure to State a Claim by BroadRiver III, LP, Cook Street Master Trust III. (Attachments: #1 Exhibit 1 - 6 to Declaration of Matthew B. Goeller, Esq. and Request for Judicial Notice in Support of Motion to Dismiss First Amended Complaint)(Caponi, Steven) |
| Filing 29 OPENING BRIEF in Support re #28 MOTION to Dismiss for Failure to State a Claim filed by BroadRiver III, LP, Cook Street Master Trust III.Answering Brief/Response due date per Local Rules is 6/12/2025. (Caponi, Steven) |
| Filing 28 MOTION to Dismiss for Failure to State a Claim - filed by BroadRiver III, LP, Cook Street Master Trust III. (Attachments: #1 Text of Proposed Order Granting Motion to Dismiss the First Amended Complaint)(Caponi, Steven) |
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Filing 27
ORAL ORDER re #14 MOTION to Dismiss for Failure to State a Claim, #11 MOTION to Dismiss for Failure to State a Claim - In light of Plaintiff's #26 Amended Complaint, the Court DENIES as MOOT Defendants' #11 #14 Motions to Dismiss as they relate to the Original Complaint. ORDERED by Judge Maryellen Noreika on 5/16/2025. (dlw)
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| Filing 26 First AMENDED COMPLAINT against All Defendants - filed by The Estate of Ewell E. Long. (Attachments: #1 Exhibit, #2 Exhibit, #3 Certificate of Compliance)(Barillo, Nathan) (Additional attachment(s) added on 5/16/2025: #4 Redline Comparison) (dlw). |
| Pro Hac Vice Attorney Aaron Rubin, Richard M. Krebs, Khai LeQuang for Wilmington Savings Fund Society, FSB 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. (cdd) |
| Pro Hac Vice Attorney Gregory Star for The Estate of Ewell E. Long 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. (cdd) |
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SO ORDERED re #25 MOTION for Extension of Time to File Response/Reply as to #16 Joinder, #11 MOTION to Dismiss for Failure to State a Claim (Set Briefing Schedule: re #11 MOTION to Dismiss for Failure to State a Claim - Answering Brief due 5/15/2025). ORDERED by Judge Maryellen Noreika on 5/6/2025. (dlw)
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| Filing 25 MOTION for Extension of Time to File Response/Reply as to #16 Joinder, #11 MOTION to Dismiss for Failure to State a Claim - filed by The Estate of Ewell E. Long. (Barillo, Nathan) |
| Filing 24 Pro Hac Vice Fee - Credit Card Payment received for Aaron M. Rubin. ( re #23 MOTION for Pro Hac Vice Appearance of Attorney Aaron M. Rubin )( Payment of $ 50, receipt number ADEDC-4678519).(Goeller, Matthew) |
| Filing 23 MOTION for Pro Hac Vice Appearance of Attorney Aaron M. Rubin - filed by BroadRiver III, LP, Cook Street Master Trust III, Wilmington Savings Fund Society, FSB. (Attachments: #1 Certification, #2 Text of Proposed Order)(Goeller, Matthew) Modified on 5/5/2025 (dlw). |
| Filing 22 Pro Hac Vice Fee - Credit Card Payment received for Khai LeQuang. ( re #21 MOTION for Pro Hac Vice Appearance of Attorney Khai LeQuang )( Payment of $ 50, receipt number ADEDC-4678497).(Goeller, Matthew) |
| Filing 21 MOTION for Pro Hac Vice Appearance of Attorney Khai LeQuang - filed by BroadRiver III, LP, Cook Street Master Trust III, Wilmington Savings Fund Society, FSB. (Attachments: #1 Certification, #2 Text of Proposed Order)(Goeller, Matthew) Modified on 5/5/2025 (dlw). |
| Filing 20 Pro Hac Vice Fee - Credit Card Payment received for Richard W. Krebs. ( re #19 MOTION for Pro Hac Vice Appearance of Attorney Richard W. Krebs )( Payment of $ 50, receipt number ADEDC-4678450).(Goeller, Matthew) |
| Filing 19 MOTION for Pro Hac Vice Appearance of Attorney Richard W. Krebs - filed by BroadRiver III, LP, Cook Street Master Trust III, Wilmington Savings Fund Society, FSB. (Attachments: #1 Certification, #2 Text of Proposed Order)(Goeller, Matthew) Modified on 5/5/2025 (dlw). |
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SO ORDERED re #23 MOTION for Pro Hac Vice Appearance of Attorney Aaron M. Rubin, #19 MOTION for Pro Hac Vice Appearance of Attorney Richard W. Krebs, #21 MOTION for Pro Hac Vice Appearance of Attorney Khai LeQuang filed by Cook Street Master Trust III, Wilmington Savings Fund Society, FSB, BroadRiver III, LP. ORDERED by Judge Maryellen Noreika on 5/5/2025. (dlw)
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| Filing 18 MOTION for Pro Hac Vice Appearance of Attorney Gregory Star - filed by The Estate of Ewell E. Long. (Attachments: #1 Certification of Attorney Seeking Admission Pro Hac Vice, #2 Text of Proposed Order)(Barillo, Nathan) |
| Filing 17 Pro Hac Vice Fee - Credit Card Payment received for Gregory Star. ( Payment of $ 50, receipt number ADEDC-4675963).(Barillo, Nathan) |
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SO ORDERED re #18 MOTION for Pro Hac Vice Appearance of Attorney Gregory Star filed by The Estate of Ewell E. Long. ORDERED by Judge Maryellen Noreika on 5/1/2025. (dlw)
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| Pro Hac Vice Attorney Kara E. Cheever for The Estate of Ewell E. Long 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. (scs) |
| Pro Hac Vice Attorney Michael J. Miller for The Estate of Ewell E. Long 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. (cdd) |
| Filing 16 JOINDER by Wilmington Savings Fund Society, FSB, joining in #11 Motion to Dismiss for Failure to State a Claim. (Goeller, Matthew) Modified on 4/24/2025 (dlw). |
| Filing 15 OPENING BRIEF in Support re #14 MOTION to Dismiss for Failure to State a Claim filed by Wilmington Savings Fund Society, FSB.Answering Brief/Response due date per Local Rules is 5/8/2025. (Attachments: #1 Certificate of Compliance to Opening Brief in Support of Wilmington Savings Fund Society, FSB's Motion to Dismiss the Complaint)(Goeller, Matthew) |
| Filing 14 MOTION to Dismiss for Failure to State a Claim - filed by Wilmington Savings Fund Society, FSB. (Attachments: #1 Text of Proposed Order Granting Motion to Dismiss the Complaint)(Goeller, Matthew) |
| Filing 13 DECLARATION of Matthew B. Goeller, Esq. re #11 MOTION to Dismiss for Failure to State a Claim and Request for Judicial Notice by BroadRiver III, LP, Cook Street Master Trust III. (Attachments: #1 Exhibit 1 - 7 to Declaration of Matthew B. Goeller, Esq. and Request for Judicial Notice in Support of Motion to Dismiss the Complaint)(Goeller, Matthew) |
| Filing 12 OPENING BRIEF in Support re #11 MOTION to Dismiss for Failure to State a Claim filed by BroadRiver III, LP, Cook Street Master Trust III.Answering Brief/Response due date per Local Rules is 5/8/2025. (Attachments: #1 Certificate of Compliance to Opening Brief in Supportof Motion to Dismiss the Complaint)(Goeller, Matthew) |
| Filing 11 MOTION to Dismiss for Failure to State a Claim - filed by BroadRiver III, LP, Cook Street Master Trust III. (Attachments: #1 Text of Proposed Order Granting Motion to Dismiss the Complaint)(Goeller, Matthew) |
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SO ORDERED re #5 MOTION for Pro Hac Vice Appearance of Attorney Brian Burack, #7 MOTION for Pro Hac Vice Appearance of Attorney Kara Cheever, #9 MOTION for Pro Hac Vice Appearance of Attorney Michael Miller filed by The Estate of Ewell E. Long. ORDERED by Judge Maryellen Noreika on 4/21/2025. (dlw)
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| Filing 10 Pro Hac Vice Fee - Credit Card Payment received for Michael Miller. ( re #9 MOTION for Pro Hac Vice Appearance of Attorney Michael Miller )( Payment of $ 50, receipt number ADEDC-4665270).(Barillo, Nathan) |
| Filing 9 MOTION for Pro Hac Vice Appearance of Attorney Michael Miller - filed by The Estate of Ewell E. Long. (Attachments: #1 Certification of Attorney Seeking Admission Pro Hac Vice, #2 Text of Proposed Order)(Barillo, Nathan) |
| Filing 8 Pro Hac Vice Fee - Credit Card Payment received for Kara Cheever. ( re #7 MOTION for Pro Hac Vice Appearance of Attorney Kara Cheever )( Payment of $ 50, receipt number ADEDC-4665268).(Barillo, Nathan) |
| Filing 7 MOTION for Pro Hac Vice Appearance of Attorney Kara Cheever - filed by The Estate of Ewell E. Long. (Attachments: #1 Certification of Attorney Seeking Admission Pro Hac Vice, #2 Text of Proposed Order)(Barillo, Nathan) |
| Filing 6 Pro Hac Vice Fee - Credit Card Payment received for Brian Burack. ( re #5 MOTION for Pro Hac Vice Appearance of Attorney Brian Burack )( Payment of $ 50, receipt number ADEDC-4665262).(Barillo, Nathan) |
| Filing 5 MOTION for Pro Hac Vice Appearance of Attorney Brian Burack - filed by The Estate of Ewell E. Long. (Attachments: #1 Certification of Attorney Seeking Admission Pro Hac Vice, #2 Text of Proposed Order)(Barillo, Nathan) |
| Filing 4 Local Rule 81.2 STATEMENT by BroadRiver III, LP, Cook Street Master Trust III, Wilmington Savings Fund Society, FSB. (Goeller, Matthew) Modified on 4/10/2025 (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 3 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent WSFS Financial Corporation, Other Affiliate BlackRock, Inc., Other Affiliate The Vanguard Group, Inc. for Wilmington Savings Fund Society, FSB; Other Affiliate BroadRiver 2017, LP, Other Affiliate BR 2017 GP, LLC for BroadRiver III, LP; Other Affiliate Brighton Trustees, LLC for Cook Street Master Trust III - filed by BroadRiver III, LP, Cook Street Master Trust III, Wilmington Savings Fund Society, FSB. (jfm) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (jfm) |
| Filing 1 NOTICE OF REMOVAL and copies of documents from DE Superior Court, Case Number N25C-03-079-PRW CCLD (Filing fee $405, receipt number ADEDC-4643351) - filed by BroadRiver III, LP, Cook Street Master Trust III, Wilmington Savings Fund Society, FSB. (Attachments: #1 Exhibits A-B, #2 Certificate of Service, #3 Civil Cover Sheet)(jfm) |
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