USA, on behalf of the Secretary of the United States Department of Health and Human Services v. Bayou Shores SNF LLC
Plaintiff: USA, on behalf of the Secretary of the United States Department of Health and Human Services
Defendant: Bayou Shores SNF LLC
Interested Party: Synovus Bank
Case Number: 8:2015cv00103
Filed: January 20, 2015
Court: US District Court for the Middle District of Florida
Office: Tampa Office
County: Hillsborough
Presiding Judge: James S Moody
Nature of Suit: Bankruptcy Appeal (801)
Cause of Action: 28 U.S.C. § 0158
Jury Demanded By: None
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Docket Report

This docket was last retrieved on June 29, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 29, 2015 Filing 16 TRANSMITTAL to bankruptcy court forwarding copy of order remanding the appeal to the Bankruptcy Court Order dismissing case Copies sent to Trustee, Bankruptcy Judge and Bankruptcy Clerk re (15 in 8:15-cv-00103-JSM, 20 in 8:14-cv-02617-JSM, 4 in 8:15-cv-00128-JSM) Order dismissing case Copies sent to Trustee, Bankruptcy Judge and Bankruptcy Clerk. (BSN)
June 29, 2015 Opinion or Order Filing 15 ORDER dismissing case Signed by Judge James S. Moody, Jr on 6/26/2015 originally entered in 8:14-cv-2816-T-30. (BSN) (BSN).
February 4, 2015 Remark: ALL FUTURE PLEADINGS TO BE FILED IN CIVIL CASE NUMBER: 8:14-CV-2816-T-30. (BSN)
February 4, 2015 Cases associated: Create association to 8:14-cv-02816-JSM. (BSN)
February 3, 2015 Opinion or Order Filing 14 ORDER: Case numbers 8:14-cv-2816-T-30 and 8:15-cv-103-T-30 are hereby consolidated. The United States' Emergency Motion for Stay Pending Appeal (Dkt. 4 in case number 8:15-cv-103-T-30) is denied. As the Bankruptcy Court previously found, the United States has not met the high burden to establish that a stay is appropriate under the unique facts of this case. Equitable mootness is not an issue in this case; creditors are aware of the issues involved in this appeal. At bottom, this case is about jurisdiction of the Bankruptcy Court. Appellee, Bayou Shores, SNF, LLC's Motion to Dismiss Consolidated Appeals as Moot (Dkt. 20 in case number 8:14-cv-2816-T-30) is denied. As discussed on the record, the Court's consolidation of the appeals renders the motion to dismiss moot. The Clerk is directed to administratively CLOSE case number 8:15-cv-103-T-30. All further filings with respect to case number 8:15-cv-103-T-30 shall be filed in case number 8:14-cv-2816-T-30. Signed by Judge James S. Moody, Jr on 2/3/2015. (LN)
February 2, 2015 Filing 13 RESPONSE in Opposition re #4 Emergency MOTION to stay (PENDING APPEAL) (Appellee's Response) filed by Bayou Shores SNF LLC. (Attachments: #1 Exhibit A-First Amended Plan (Bankruptcy Case No. 8:15-bk-09521-MGW), #2 Exhibit B-Order Finally Approving the First Amended Disclosure Statement and Confirming First Amended Plan (Bankruptcy Case No. 8:14-bk-09521-MGW), #3 Exhibit C-Proof of Service of the Solicitation Package (Bankruptcy Case No. 8:14-bk-09521-MGW), #4 Exhibit D-Notice of Effective Date of Chapter 13 Plan (Bankruptcy Case No. 8:14-bk-09521-MGW), #5 Exhibit E1-First Amended Disclosure Statement (Bankruptcy Case No. 8:14-bk-09521-MGW), #6 Exhibit E2-First Amended Disclosure Statement (Bankruptcy Case No. 8:14-bk-09521-MGW), #7 Exhibit E3-First Amended Disclosure Statement (Bankruptcy Case No. 8:14-bk-09521-MGW), #8 Exhibit E4-First Amended Disclosure Statement (Bankruptcy Case No. 8:14-bk-09521-MGW), #9 Exhibit E5-First Amended Disclosure Statement (Bankruptcy Case No. 8:14-bk-09521-MGW), #10 Exhibit F-Memorandum Opinion and Order on Confirmation (Bankruptcy Case No. 8:14-bk-09521-MGW), #11 Exhibit G-Affidavit of Michael Bokor (Bankruptcy Case No. 8:14-bk-09521-MGW), #12 Exhibit H-David Hoffman's Engagement Letter (Bankruptcy Case No. 8:14-bk-09521-MGW), #13 Exhibit I-UCC Tunic Capital (Bankruptcy Case No. 8:14-bk-09521-MGW), #14 Exhibit J-Notice of Filing of Transcript of Hearing held 1/20/2015)(Payne, Tiffany)
January 30, 2015 Filing 12 NOTICE to counsel Alan E. Schabesof Local Rule 2.02 (signed by deputy clerk). (BSN)
January 30, 2015 Filing 11 NOTICE to counsel Timothy M. Lupinacci and Matthew M. Cahill of Local Rule 2.02 (signed by deputy clerk). (BSN)
January 29, 2015 Filing 10 NOTICE of Appearance by Zachary James Bancroft on behalf of Synovus Bank (Bancroft, Zachary)
January 29, 2015 Filing 9 NOTICE by USA, on behalf of the Secretary of the United States Department of Health and Human Services re #7 Order (Filing Transcript of Hearing) (Attachments: #1 Exhibit A)(Flynn, Sean)
January 28, 2015 Filing 8 Case Reassigned to Judge James S. Moody, Jr. New case number: 8:15cv103-T-30. Judge Mary S. Scriven no longer assigned to the case. (DG)
January 28, 2015 Opinion or Order Filing 7 ORDER transferring case to the Honorable James S. Moody, Jr., with his Honor's consent, for all further proceedings; and directing supplemental filing by Apellant re #4 Emergency Motion for Stay Pending Appeal. See Order for details. Signed by Judge Mary S. Scriven on 1/28/2015. (KMS)
January 27, 2015 Filing 6 NOTICE of pendency of related cases re #5 Related case order and track 1 notice per Local Rule 1.04(d) by USA, on behalf of the Secretary of the United States Department of Health and Human Services. Related case(s): yes (Flynn, Sean)
January 27, 2015 Opinion or Order Filing 5 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 1. Notice of pendency of other actions due by 2/10/2015. Signed by Judge Mary S. Scriven on 1/27/2015. (APV)
January 26, 2015 Filing 4 Emergency MOTION to stay (PENDING APPEAL) by USA, on behalf of the Secretary of the United States Department of Health and Human Services. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Flynn, Sean)
January 21, 2015 Filing 3 NOTICE by USA, on behalf of the Secretary of the United States Department of Health and Human Services re #1 Bankruptcy appeal received (Amended Notice of Appeal) (Attachments: #1 Exhibit A, #2 Exhibit B)(Flynn, Sean)
January 21, 2015 Filing 2 NOTICE of docketing bankruptcy record on appeal advising counsel to comply with Rule 8009. Notice of appeal filed in U.S. District Court on 1/21/2015. File received electronically. (DG)
January 21, 2015 Filing 1 BANKRUPTCY RECORD on appeal received consisting of items on transmittal including: filed by USA, on behalf of the Secretary of the United States Department of Health and Human Services. (Attachments: #1 Notice of Appeal, Doc. No. 289, #2 Order on Appeal, Doc. No. 285, #3 Copy of Docket 14-bk-9521-MGW)(TM)

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Plaintiff: USA, on behalf of the Secretary of the United States Department of Health and Human Services
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Defendant: Bayou Shores SNF LLC
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Interested party: Synovus Bank
Represented By: Matthew M. Cahill
Represented By: Timothy M. Lupinacci
Represented By: Zachary James Bancroft
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