Miller, Chapter 7 Trustee for Education Management Corporation v. KKR & Co. Inc. et al
| George L. Miller, Chapter 7 Trustee for Education Management Corporation |
| KKR & Co. Inc., KKR & Co. LP, KKR Credit Advisors (US) LLC, Kermit Cook, FS KKR Capital Corp. f/k/a Corporate Capital Trust Inc., 8 Capital Partners L.P., BCBSM, Inc., KKR-PBPR Capital Partners L.P., KKR Corporate Credit Partners L.P., KKR Credit Relative Value Master Fund L.P., KKR Debt Investors II (2006) (Ireland) L.P., KR Financial CLO 2005-1, Ltd., KKR Financial CLO 2005-2, Ltd., KKR Financial CLO 2006-1, Ltd., KKR Financial CLO 2007-1, Ltd., KKR Financial CLO 2011-1, Ltd., KKR Financial Holdings III, LLC, KKR Floating Rate Fund L.P., KKR Lending Partners L.P., KKR-Milton Capital Partners L.P., KKR Strategic Capital Institutional Fund, Ltd., Maryland State Retirement and Pension System, Oregon Public Employees Retirement Fund, Spruce Investors Limited and US Income Strategy Fund |
| 1:2025cv00442 |
| April 9, 2025 |
| U.S. District Court for the District of Delaware |
| Colm F Connolly |
| Stockholders Suits |
| 28 U.S.C. § 1446 Notice of Removal |
| None |
Docket Report
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| Document Text |
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| CASE CLOSED per the order at D.I. #31 (mws) |
Filing 31
ORDER Transferring Case to the District of Delaware Bankruptcy Court. Signed by Judge Colm F. Connolly on 4/30/2025. (mws)
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| Filing 30 NOTICE of Appearance by Jody Barillare on behalf of Oregon Public Employees Retirement Fund (Barillare, Jody) |
| Filing 29 NOTICE of Appearance by Daniel Alan Mason on behalf of 8 Capital Partners L.P., BCBSM, Inc., Kermit Cook, FS KKR Capital Corp. f/k/a Corporate Capital Trust Inc., KKR & Co. Inc., KKR Credit Advisors (US) LLC, KKR Debt Investors II (2006) (Ireland) L.P., KKR Financial Holdings III, LLC, KKR Lending Partners L.P., KKR Strategic Capital Institutional Fund, Ltd., KKR-Milton Capital Partners L.P., KKR-PBPR Capital Partners L.P. (Mason, Daniel) |
| Filing 28 STANDING ORDER REGARDING BRIEFING IN ALL CASES (mws) |
| Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (alb) |
| Filing 27 Local Counsel Letter sent Steven M. Coren, John W. Morris, Christopher J. Merken, Michael S. Dolusiio, and Stanley B. Edelstein. Notice of Compliance deadline set for 5/9/2025. (mpb) |
| Filing 26 Record of case transferred in from District of Pennsylvania Eastern; Case Number in Other District: 2:25-cv-00311. Copy of Docket Sheet and original file |
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Filing 25
ORDER THAT DEFENDANTS MOTION TO TRANSFER (DOC. 22) IS GRANTED. THE CASE WILL BE TRANSFERRED TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE AS OUTLINED HEREIN. SIGNED BY DISTRICT JUDGE JUAN R. SANCHEZ ON 4/9/25.4/9/25 ENTERED AND COPIES E-MAILED.(rf, ) [Transferred from Pennsylvania Eastern on 4/9/2025.]
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| Filing 24 RESPONSE in Opposition re #22 MOTION to Transfer Venue filed by George L. Miller, Chapter 7 Trustee for Education Management Corporation. (Attachments: #1 Certificate of Service Certificate of Service)(COREN, STEVEN) [Transferred from Pennsylvania Eastern on 4/9/2025.] |
| Filing 23 Memorandum OF LAW IN SUPPORT OF P MOTION TO ABSTAIN AND REMAND re #19 MOTION to Remand filed by George L. Miller, Chapter 7 Trustee for Education Management Corporation. (Attachments: #1 Certificate of Service)(COREN, STEVEN) [Transferred from Pennsylvania Eastern on 4/9/2025.] |
| Filing 22 MOTION to Transfer Venue filed by 8 Capital Partners L.P., BCBSM, Inc., Kermit Cook, FS KKR Capital Corp. f/k/a Corporate Capital Trust Inc., KKR & Co. Inc., KKR Debt Investors II (2006) (Ireland) L.P., KKR Financial Holdings III, LLC, KKR Lending Partners L.P., KKR Strategic Capital Institutional Fund, Ltd., KKR-Milton Capital Partners L.P., KKR-PBPR Capital Partners L.P., Spruce Investors Limited.Memorandum of Law, Certificate of Service. (Attachments: #1 Memorandum of Law in Support of Motion, #2 Text of Proposed Order Granting Motion to Transfer Venue)(DOLUISIO, MICHAEL) [Transferred from Pennsylvania Eastern on 4/9/2025.] |
| Filing 21 RESPONSE in Opposition re #19 MOTION to Remand filed by 8 Capital Partners L.P., BCBSM, Inc., Kermit Cook, FS KKR Capital Corp. f/k/a Corporate Capital Trust Inc., KKR & Co. Inc., KKR Debt Investors II (2006) (Ireland) L.P., KKR Financial Holdings III, LLC, KKR Lending Partners L.P., KKR Strategic Capital Institutional Fund, Ltd., KKR-Milton Capital Partners L.P., KKR-PBPR Capital Partners L.P., Spruce Investors Limited. (Attachments: #1 Exhibit A., #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Text of Proposed Order Denying Motion to Remand)(DOLUISIO, MICHAEL) [Transferred from Pennsylvania Eastern on 4/9/2025.] |
| Filing 20 NOTICE of Appearance by STANLEY B. EDELSTEIN on behalf of Maryland State Retirement and Pension System (EDELSTEIN, STANLEY) [Transferred from Pennsylvania Eastern on 4/9/2025.] |
| Filing 19 MOTION to Remand filed by George L. Miller, Chapter 7 Trustee for Education Management Corporation.Memorandum, Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(COREN, STEVEN) [Transferred from Pennsylvania Eastern on 4/9/2025.] |
| Filing 18 Disclosure Statement Form pursuant to FRCP 7.1 by Spruce Investors Limited.(Merken, Christopher) [Transferred from Pennsylvania Eastern on 4/9/2025.] |
| Filing 17 Disclosure Statement Form pursuant to FRCP 7.1 by KKR-PBPR Capital Partners L.P..(Merken, Christopher) [Transferred from Pennsylvania Eastern on 4/9/2025.] |
| Filing 16 Disclosure Statement Form pursuant to FRCP 7.1 by KKR-Milton Capital Partners L.P..(Merken, Christopher) [Transferred from Pennsylvania Eastern on 4/9/2025.] |
| Filing 15 Disclosure Statement Form pursuant to FRCP 7.1 by KKR Strategic Capital Institutional Fund, Ltd..(Merken, Christopher) [Transferred from Pennsylvania Eastern on 4/9/2025.] |
| Filing 14 Disclosure Statement Form pursuant to FRCP 7.1 by KKR Lending Partners L.P..(Merken, Christopher) [Transferred from Pennsylvania Eastern on 4/9/2025.] |
| Filing 13 Disclosure Statement Form pursuant to FRCP 7.1 by KKR Financial Holdings III, LLC.(Merken, Christopher) [Transferred from Pennsylvania Eastern on 4/9/2025.] |
| Filing 12 Disclosure Statement Form pursuant to FRCP 7.1 by KKR Debt Investors II (2006) (Ireland) L.P..(Merken, Christopher) [Transferred from Pennsylvania Eastern on 4/9/2025.] |
| Filing 11 Disclosure Statement Form pursuant to FRCP 7.1 by KKR Credit Advisors (US) LLC.(Merken, Christopher) [Transferred from Pennsylvania Eastern on 4/9/2025.] |
| Filing 10 Disclosure Statement Form pursuant to FRCP 7.1 by KKR & Co. Inc..(Merken, Christopher) [Transferred from Pennsylvania Eastern on 4/9/2025.] |
| Filing 9 Disclosure Statement Form pursuant to FRCP 7.1 by FS KKR Capital Corp. f/k/a Corporate Capital Trust Inc..(Merken, Christopher) [Transferred from Pennsylvania Eastern on 4/9/2025.] |
| Filing 8 Disclosure Statement Form pursuant to FRCP 7.1 by 8 Capital Partners L.P..(Merken, Christopher) [Transferred from Pennsylvania Eastern on 4/9/2025.] |
| Filing 7 NOTICE of Appearance by JOHN W. MORRIS on behalf of George L. Miller, Chapter 7 Trustee for Education Management Corporation with Certificate of Service(MORRIS, JOHN) [Transferred from Pennsylvania Eastern on 4/9/2025.] |
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Filing 6
ORDER THAT PLAINTIFFS COMPLAINT IS ABEYED UNTIL THE COURT MAKES A FINAL DETERMINATION ON THE PROPER VENUE FOR THIS CASE. DEFENDANT SHALL HAVE 30 DAYS AFTER THE VENUE DETERMINATION TO RESPOND TO PLAINTIFFS COMPLAINT. SIGNED BY DISTRICT JUDGE JUAN R. SANCHEZ ON 1/23/25. 1/24/25 ENTERED AND COPIES E-MAILED.(rf, ) [Transferred from Pennsylvania Eastern on 4/9/2025.]
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| Filing 5 NOTICE of Appearance by STEVEN M. COREN on behalf of George L. Miller, Chapter 7 Trustee for Education Management Corporation with Certificate of Service (Attachments: #1 Certificate of Service Certificate of Service - Steven Coren Entry of Appearance)(COREN, STEVEN) [Transferred from Pennsylvania Eastern on 4/9/2025.] |
| Filing 4 STIPULATION and [Proposed] Order Extending Defendants' Deadline to Respond to Plaintiff's Complaint by KKR Debt Investors II (2006) (Ireland) L.P., KKR Financial Holdings III, LLC, KKR Lending Partners L.P., KKR-Milton Capital Partners L.P., KKR Strategic Capital Institutional Fund, Ltd., Spruce Investors Limited, KKR & Co. Inc., KKR Credit Advisors (US) LLC, Kermit Cook, FS KKR Capital Corp. f/k/a Corporate Capital Trust Inc., 8 Capital Partners L.P., BCBSM, Inc., KKR-PBPR Capital Partners L.P.. (DOLUISIO, MICHAEL) [Transferred from Pennsylvania Eastern on 4/9/2025.] |
| Filing 3 State Court record received from Court of Common Pleas of Philadelphia County. (CCP - Philadelphia County cv, ) [Transferred from Pennsylvania Eastern on 4/9/2025.] |
| Filing 2 NOTICE of Appearance by Christopher J. Merken on behalf of KKR Debt Investors II (2006) (Ireland) L.P., KKR Financial Holdings III, LLC, KKR Lending Partners L.P., KKR-Milton Capital Partners L.P., KKR Strategic Capital Institutional Fund, Ltd., Spruce Investors Limited, KKR & Co. Inc., KKR Credit Advisors (US) LLC, Kermit Cook, FS KKR Capital Corp. f/k/a Corporate Capital Trust Inc., 8 Capital Partners L.P., BCBSM, Inc., KKR-PBPR Capital Partners L.P. (Merken, Christopher) [Transferred from Pennsylvania Eastern on 4/9/2025.] |
| Filing 1 NOTICE OF REMOVAL by KKR-Milton Capital Partners L.P., 8 Capital Partners L.P., KKR & Co. Inc., KKR Strategic Capital Institutional Fund, Ltd., KKR Financial Holdings III, LLC, Spruce Investors Limited, FS KKR Capital Corp. f/k/a Corporate Capital Trust Inc., KKR-PBPR Capital Partners L.P., KKR Debt Investors II (2006) (Ireland) L.P., KKR Lending Partners L.P., BCBSM, Inc., KKR Credit Advisors (US) LLC, Kermit Cook (Filing fee $ 405 receipt number APAEDC-18011982), filed by KKR-Milton Capital Partners L.P., 8 Capital Partners L.P., KKR & Co. Inc., KKR Strategic Capital Institutional Fund, Ltd., KKR Financial Holdings III, LLC, Spruce Investors Limited, FS KKR Capital Corp. f/k/a Corporate Capital Trust Inc., KKR-PBPR Capital Partners L.P., KKR Debt Investors II (2006) (Ireland) L.P., KKR Lending Partners L.P., BCBSM, Inc., KKR Credit Advisors (US) LLC, Kermit Cook. (Attachments: #1 Complaint, #2 Civil Cover Sheet, #3 Designation Form)(DOLUISIO, MICHAEL) [Transferred from Pennsylvania Eastern on 4/9/2025.] |
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