Cadence Bank, N.A. v. Heritage Sportswear, Inc.
| Cadence Bank, N.A. |
| Heritage Sportswear, Inc. |
| Gene R. Kohut and Gene R. Kohut of Conway MacKenzie, Inc. |
| 1:2019cv00595 |
| February 4, 2019 |
| US District Court for the Northern District of Georgia |
| Mark H Cohen |
| Contract: Other |
| 28 U.S.C. § 1335 |
| None |
Docket Report
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This docket was last retrieved on June 10, 2019. A more recent docket listing may be available from PACER.
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| Filing 70 CERTIFICATE OF SERVICE of (i) CADENCE BANK, N.A.S FIRST AMENDED RESPONSES TO GILDAN ACTIVEWEAR SRLS FIRST INTERROGATORIES, (ii) CADENCE BANK N.A.S FIRST AMENDED RESPONSES TO GILDAN ACTIVEWEAR SRLS FIRST REQUESTS FOR PRODUCTION OF DOCUMENTS, and (iii) CADENCE BANK N.A.S FIRST AMENDED RESPONSES TO GILDAN ACTIVEWEAR SRLS SECOND REQUESTS FOR PRODUCTION OF DOCUMENTS by Cadence Bank, N.A..(Kurzweil, David) |
Filing 69
ORDER: It is hereby ORDERED that the Receiver's Renewed #53 Motion to (I) Authorize Sale of Assets by Liquidation, and (II) Modify Receivership Order is GRANTED IN PART and Gildan Activewear SRL's #26 Motion for Relief from Preliminary Injunction is DENIED. It is further ORDERED that Paragraphs Seven, Nine, and Ten of the Order Appointing Receiver and Enjoining Defendant and Others [Doc. 7] are MODIFIED to remove Gildan Activewear SRL's consent rights with regard to the disposition of the Alleged Gildan Consigned Inventory as set forth herein. It is further ORDERED that the Receiver is AUTHORIZED to liquidate the Alleged Gildan Consigned Inventory free and clear of any and all encumbrances and interests. The Receiver is ORDERED to hold the proceeds from the liquidation of the Alleged Gildan Consigned Inventory in escrow and not disburse such proceeds absent further order of the Court. It is further ORDERED that the Receiver's Motion for Leave to Require Gildan Activewear SRL's Objection to Receiver's Renewed Liquidation #60 Motion to be Filed Under Seal is GRANTED. The Clerk is DIRECTED to maintain Doc. 61 and its attachments UNDER SEAL. Signed by Judge Mark H. Cohen on 6/10/19. (bnw)
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| Clerk's Certificate of Mailing as to Raymond Leasing Corporation, The Huntington Capital Investment Company, Underwear Company re #69 Order. (bnw) |
| Filing 68 CERTIFICATE OF SERVICE re #47 Certificate of Service Responses to Interrogatories and Requests for Admission by Gildan Activewear SRL.(Clinkscales, Thomas) |
| Filing 67 Notice for Leave of Absence for the following date(s): 6/24/19, 6/25/19, 6/26/19, 6/27/19, 6/28/19, by David Bruce Kurzweil. (Kurzweil, David) |
| Filing 66 CERTIFICATE OF SERVICE for (i) Cadence Bank, N.A.s Responses to Gildan Activewear SRLs First Interrogatories; (ii) Cadence Bank, N.A.s Responses to Gildan Activewear SRLs First Requests for Production of Documents; and (iii) Cadence Bank, N.A.s Responses to Gildan Activewear SRLs Second Requests for Production of Documents by Cadence Bank, N.A..(Gordon, Sean) |
| Filing 65 Minute Entry for proceedings held before Judge Mark H. Cohen: Motion Hearing held on 5/29/2019. Parties presented argument on Receiver's Renewed Motion to Authorize Sale of Assets by Liquidation and Modify Receivership Order. See transcript for details. Court to issue order. (Court Reporter Andy Ashley)(rjs) |
| Filing 64 RESPONSE re #53 MOTION for Order Receiver's Renewed Motion to (I) Authorize Sale of Assets by Liquidation, and (II) Modify Receivership Order (Public Version, Partially Redacted) filed by Gildan Activewear SRL. (Attachments: #1 Exhibit Final Hilco Contract, #2 Exhibit Receiver May 15 Liquidation Analysis, #3 Exhibit Receiver's Spreadsheet, #4 Exhibit Bond Amount Analysis)(Clinkscales, Thomas) |
| Filing 63 CERTIFICATE OF SERVICE re #57 Certificate of Service Certificate of Service of Receiver's Response to Gildan Activewear SRL's First Interrogatories to Receiver by Gene R. Kohut of Conway MacKenzie, Inc..(Levengood, John) |
| Filing 62 RESPONSE re #53 MOTION for Order Receiver's Renewed Motion to (I) Authorize Sale of Assets by Liquidation, and (II) Modify Receivership Order - Brief in Support of Receiver's Motion filed by Cadence Bank, N.A.. (Gordon, Sean) |
| Filing 61 PROVISIONALLY SEALED RESPONSE re #53 MOTION for Order Receiver's Renewed Motion to (I) Authorize Sale of Assets by Liquidation, and (II) Modify Receivership Order filed by Gildan Activewear SRL. (Attachments: #1 Exhibit Final Hilco Contract, #2 Exhibit Receiver May 15 Liquidation Analysis, #3 Exhibit Receiver's spreadsheet, #4 Exhibit Bond Amount Analysis)(Clinkscales, Thomas) |
| Filing 60 MOTION for Leave to File Matters Under Seal re: #53 MOTION for Order Receiver's Renewed Motion to (I) Authorize Sale of Assets by Liquidation, and (II) Modify Receivership Order Receiver's Motion for Leave to Require Gildan Activewear SRL's Objection to Receiver's Renewed Liquidation Motion to be Filed Under Seal with Brief In Support by Gene R. Kohut of Conway MacKenzie, Inc.. (Levengood, John) |
| Submission of #26 MOTION for Relief From Preliminary Injunction, #25 MOTION for Order Confirming Security Interest in Consigned Inventory and Granting Related Relief, to District Judge Mark H. Cohen. (bnw) |
| Filing 58 REPLY to Response to Motion re #25 MOTION for Order Confirming Security Interest in Consigned Inventory and Granting Related Relief, #26 MOTION for Relief From Preliminary Injunction filed by Gildan Activewear SRL. (Attachments: #1 Affidavit Supplemental Leger Declaration)(Clinkscales, Thomas) |
| Filing 59 Request for Notice by Bella + Canvas, LLC. (bnw) |
| Filing 57 CERTIFICATE OF SERVICE of Discovery Requests to Receiver by Gildan Activewear SRL.(Clinkscales, Thomas) |
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Filing 56
ORDER : It is hereby ORDERED that the #54 Motion is GRANTED. It is FURTHER ORDERED that a hearing on the Receiver's Renewed #53 Motion to (I) Authorize Sale of Assets by Liquidation, and (II) Modify Receivership Order shall be held before the undersigned on Wednesday, May 29, 2019, at 1:30 p.m., in Courtroom 1905 of the Richard B. Russell United States Courthouse, 75 Ted Turner Drive, S.W., Atlanta, Georgia. Plaintiff Cadence Bank, N.A., the Receiver Gene R. Kohut of Conway MacKenzie, Inc., and Interested Party Gildan Activewear, SRL shall each have up to thirty minutes for oral argument. It is FURTHER ORDERED that objections, if any, to the Motion shall be filed no later than Wednesday, May 22, 2019. Signed by Judge Mark H. Cohen on 5/14/19. (bnw)
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| Clerk's Certificate of Mailing as to Raymond Leasing Corporation, The Huntington Capital Investment Company, Underwear Company re #56 Order on Motion to Expedite. (bnw) |
| NOTICE of Hearing on the Receiver's Renewed Motion to Authorize Sale of Assets by Liquidation and Modify Receiver's Receivership Order. Hearing set for 5/29/2019 at 01:30 PM in ATLA Courtroom 1905 before Judge Mark H. Cohen. (lwb) |
| Filing 55 PROPOSED ORDER Proposed Order Granting Receiver's Motion to Expedite Hearing and to Shorten Notice on Renewed Motion to (I) Authorize Sale of Assets by Liquidation, and (II) Modify Receivership Order re: #54 MOTION to Expedite Hearing and Shorten Notice on Renewed MotionReceiver's Motion to Expedite Hearing and to Shorten Notice on Renewed Motion to (I) Authorize Sale of Assets by Liquidation, and (II) Modify Receivership Order. (Levengood, John) |
| Filing 54 MOTION to Expedite Hearing and Shorten Notice on Renewed MotionReceiver's Motion to Expedite Hearing and to Shorten Notice on Renewed Motion to (I) Authorize Sale of Assets by Liquidation, and (II) Modify Receivership Order by Gene R. Kohut of Conway MacKenzie, Inc.. (Levengood, John) |
| Filing 53 MOTION for Order Receiver's Renewed Motion to (I) Authorize Sale of Assets by Liquidation, and (II) Modify Receivership Order with Brief In Support by Gene R. Kohut of Conway MacKenzie, Inc.. (Attachments: #1 Brief Brief in Support of Receiver's Renewed Motion, #2 Exhibit Proposed Order)(Levengood, John) |
| Filing 52 Minute Entry for proceedings held before Judge Mark H. Cohen: Status Conference(Other Proceeding Non-evidentiary) held on 5/10/2019. Court discussed the briefing schedule of the pending motions with the parties and whether a hearing was necessary. Court to review replies and if oral argument is required, the Court will notify the parties. Parties are to continue settlement negotiations. Hearing Concluded. (Court Reporter Judith Wolff)(bnw) |
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Filing 51
PROTECTIVE ORDER. Signed by Judge Mark H. Cohen on 5/9/19. (bnw)
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Filing 50
ORDER granting #48 Motion for Extension of Time to file reply briefs in support of motions until 5/16/19. Signed by Judge Mark H. Cohen on 5/9/19. (bnw)
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| Filing 49 Consent MOTION for Protective Order Related to Confidential Information by Gildan Activewear SRL. (Attachments: #1 Text of Proposed Order)(Clinkscales, Thomas) |
| Clerk's Certificate of Mailing as to Raymond Leasing Corporation, The Huntington Capital Investment Company, Underwear Company re #50 Order on Motion for Extension of Time, #51 Order on Motion for Protective Order. (bnw) |
| NOTICE of TELECONFERENCE Hearing: Status Conference set for 5/10/2019 at 09:30 AM before Judge Mark H. Cohen. (lwb) |
| Filing 48 Consent MOTION for Extension of Time File Reply Briefs in Support of Motions by Gildan Activewear SRL. (Attachments: #1 Text of Proposed Order)(Clinkscales, Thomas) |
| Filing 47 CERTIFICATE OF SERVICE for Cadence Bank, N.A.'s (i) First set of Interrogatories and (ii) First Set of Requests for Admission to Gildan Activewear SRL by Cadence Bank, N.A..(Gordon, Sean) |
| Filing 46 CERTIFICATE OF SERVICE of First Interrogatories to Plaintiff by Gildan Activewear SRL.(Clinkscales, Thomas) |
| Filing 45 CERTIFICATE OF SERVICE of Supplemental Requests for Production to Plaintiff by Gildan Activewear SRL.(Clinkscales, Thomas) |
| Filing 44 CERTIFICATE OF SERVICE re #43 Certificate of Service, of Responses to Requests for Production by Gildan Activewear SRL.(Clinkscales, Thomas) |
| Filing 43 CERTIFICATE OF SERVICE for (i) SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION directed to Gildan Activewear, SRL and (ii) SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION, directed to Gildan Activewear, SRL by Cadence Bank, N.A.. (Attachments: #1 Exhibit 1 - Affidavits of Service)(Gordon, Sean) |
| Filing 42 CERTIFICATE OF SERVICE of Requests for Production on Plaintiff by Gildan Activewear SRL.(Clinkscales, Thomas) |
| Clerk's Certificate of Mailing as to Raymond Leasing Corporation, The Huntington Capital Investment Company, Underwear Company re #39 Order on Motion to Add Party, Order on Motion to Expedite, Order on Motion for Hearing. (bnw) |
| Filing 41 Notice for Leave of Absence for the following date(s): 5/6/2019,5/13/2019, by David Bruce Kurzweil. (Kurzweil, David) |
| Filing 40 NOTICE Of Filing Notice of Amendment to Schedule 7 to Loan and Security Agreement by Gene R. Kohut of Conway MacKenzie, Inc. (Levengood, John) |
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Filing 39
CONSENT ORDER JOINING GILDAN ACTIVEWEAR, SRL AS AN INTERESTED PARTY. #31 Motion is GRANTED. #32 Motion to Expedite/Motion for Hearing DENIED AS MOOT. Signed by Judge Mark H. Cohen on 4/26/19. (bnw)
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| Filing 38 PROPOSED CONSENT ORDER Consent Order Joining Gildan Activewear, SRL as an Interested Party re: #32 MOTION to Expedite #31 Motion to Join Gildan Activewear, SRL as a Required and Interested Party MOTION for Hearing, #31 Expedited MOTION to Add Party Gildan Activewear, SRL as a Required and Interested Party. (Gordon, Sean) |
| Filing 37 RESPONSE in Opposition re #26 MOTION for Relief From Preliminary Injunction filed by Cadence Bank, N.A.. (Gordon, Sean) |
| Filing 36 RESPONSE in Opposition re #25 MOTION for Order Confirming Security Interest in Consigned Inventory and Granting Related Relief filed by Cadence Bank, N.A.. (Attachments: #1 Exhibit 1 - Disclaimer and Security Limitation Agreement)(Gordon, Sean) |
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Filing 35
ORDER APPROVING, IN PART, RECEIVERS #21 MOTION TO APPROVE (I) ORDERLY WINDDOWN OF OPERATIONS; (II) SALE OF ASSETS BY LIQUIDATION; AND (III) RETENTION OF CONSULTANT. SEE ORDER FOR MORE DETAILS. Signed by Judge Mark H. Cohen on 4/24/19. (bnw)
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| Filing 34 PROPOSED CONSENT ORDER Order Approving, in Part, Receiver's Motion to Approve (I) Orderly Winddown of Operations; (ii) Sale of Assets by Liquidation; and (III) Retention of Consultant re: #21 MOTION for Order of Sale Receiver's Motion to Approve (i) Orderly Winddown of Operations; (ii) Sale of Assets by Liquidation; and (iii) Retention of Consultant. (Attachments: #1 Exhibit Exhibit 1 - Gildan Consigned Fleece Inventory)(Levengood, John) |
| Clerk's Certificate of Mailing as to Raymond Leasing Corporation, The Huntington Capital Investment Company, Underwear Company re #35 Order on Motion for Order of Sale. (bnw) |
| Filing 33 TRANSCRIPT of Proceedings held on 4/15/19 (Motion Hrg), before Judge Mark H. Cohen. Court Reporter/Transcriber Judith Wolff, Telephone number 404-215-1317. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/13/2019. Redacted Transcript Deadline set for 5/23/2019. Release of Transcript Restriction set for 7/22/2019. (Attachments: #1 Notice of Filing Transcript) (pjm) |
| Filing 32 MOTION to Expedite #31 Motion to Join Gildan Activewear, SRL as a Required and Interested Party and MOTION for Hearing with Brief In Support by Cadence Bank, N.A. (Attachments: #1 Exhibit A - Proposed Order)(Gordon, Sean). Added MOTION for Hearing on 4/23/2019 (jkl). |
| Filing 31 Expedited MOTION to Add Party Gildan Activewear, SRL as a Required and Interested Party with Brief In Support by Cadence Bank, N.A. (Attachments: #1 Exhibit A - Proposed Order, #2 Brief)(Gordon, Sean) |
| Submission of #21 MOTION for Order of Sale Receiver's Motion to Approve (i) Orderly Winddown of Operations; (ii) Sale of Assets by Liquidation; and (iii) Retention of Consultant, to District Judge Mark H. Cohen. (bnw) |
| Filing 30 Minute Entry for proceedings held before Judge Mark H. Cohen: Motion Hearing(non-evidentiary) held on 4/15/2019 re #21 MOTION for Order of Sale Receiver's Motion to Approve (i) Orderly Winddown of Operations; (ii) Sale of Assets by Liquidation; and (iii) Retention of Consultant filed by Gene R. Kohut of Conway MacKenzie, Inc. Counsel for Receiver presented an update and summary of the activities of the receiver. Counsel for Cadence Bank and Gildan presented its arguments regarding parties' dispute. See transcript for details. Receiver to submit a revised proposed order to the Court. (Court Reporter Judith Wolff)(bnw) |
| Filing 29 RESPONSE re #21 MOTION for Order of Sale Receiver's Motion to Approve (i) Orderly Winddown of Operations; (ii) Sale of Assets by Liquidation; and (iii) Retention of Consultant ; and Reply to Gildan's Response in Opposition [Dkt. No. 27] filed by Cadence Bank, N.A.. (Attachments: #1 Exhibit 1 - Disclaimer and Security Limitation Agreement)(Gordon, Sean) |
| Filing 28 Certification of Consent to Substitution of Counsel. Sean Andrew Gordon replacing attorney Harrison Johnson Roberts; Eric William Anderson and Rufus Thomas Dorsey, IV. (Gordon, Sean) |
| Filing 27 RESPONSE in Opposition re #21 MOTION for Order of Sale Receiver's Motion to Approve (i) Orderly Winddown of Operations; (ii) Sale of Assets by Liquidation; and (iii) Retention of Consultant filed by Gildan Activewear SRL. (Attachments: #1 Certificate of Service)(Riley, Christopher) |
| Filing 26 MOTION for Relief From Preliminary Injunction with Brief In Support by Gildan Activewear SRL. (Attachments: #1 Text of Proposed Order, #2 Memorandum of Law, #3 Certificate of Service)(Riley, Christopher) |
| Filing 25 MOTION for Order Confirming Security Interest in Consigned Inventory and Granting Related Relief with Brief In Support by Gildan Activewear SRL. (Attachments: #1 Text of Proposed Order, #2 Memorandum of Law, #3 Exhibit Index, #4 Leger Declaration, #5 Exhibit Consignment 1, #6 Exhibit Consignment 1 UCC, #7 Exhibit Notices re Consignment 1, #8 Exhibit March 2017 Emails, #9 Exhibit Accounts Disclaimer Letter, #10 Exhibit Consignment 2, #11 Exhibit Consignment 2 UCC, #12 Exhibit Notices re Consignment 2, #13 Exhibit Consignment 1 Amendment, #14 Exhibit Consignment 1 UCC Amendment, #15 Exhibit Notices re Consignment 1 Amendment, #16 Exhibit Default Notice, #17 Exhibit March 27, 2019 Letter, #18 Exhibit March 28, 2019 Letter, #19 Exhibit March 29, 2019 Letter, #20 Certificate of Service)(Riley, Christopher) |
| Filing 24 Request for Notice by Thomas P. Clinkscales on behalf of Gildan Activewear SRL (Clinkscales, Thomas) Modified on 4/3/2019 to edit text.(bnw). |
| Filing 23 CERTIFICATE OF SERVICE re #22 Order Setting Hearing on Motion,,, #21 MOTION for Order of Sale Receiver's Motion to Approve (i) Orderly Winddown of Operations; (ii) Sale of Assets by Liquidation; and (iii) Retention of Consultant filed by Gene R. Kohut of Conway MacKenzie, Inc. (Levengood, John) |
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Filing 22
ORDER Setting Hearing on #21 MOTION for Order of Sale Receiver's Motion to Approve (i) Orderly Winddown of Operations; (ii) Sale of Assets by Liquidation; and (iii) Retention of Consultant : Motion Hearing set for 4/15/2019 at 02:30 PM in ATLA Courtroom 1905 before Judge Mark H. Cohen. It is hereby ORDERED that Gildan file any response opposing the relief requested in the Motion no later than Thursday, 4/11/2019. It is FURTHER ORDERED that the Receiver serve: (1) a copy of the Motion and this Order instanter upon Gildan, and (2) a copy of the Motion instanter upon the entities that filed Requests for Notice, and provide proof of such service on the docket. Gildan is DIRECTED to file a Request for Notice. The Clerk is DIRECTED to serve a copy of this Order upon the entities that filed Requests for Notice [Doc. 15, Doc. 19, Doc. 20] in this case. Signed by Judge Mark H. Cohen on 4/2/2019. (btql)
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| Clerk's Certificate of Mailing as to Raymond Leasing Corporation, The Huntington Capital Investment Company, Underwear Company re #22 Order Setting Hearing on Motion. (btql) |
| Filing 21 MOTION for Order of Sale Receiver's Motion to Approve (i) Orderly Winddown of Operations; (ii) Sale of Assets by Liquidation; and (iii) Retention of Consultant with Brief In Support by Gene R. Kohut of Conway MacKenzie, Inc.. (Attachments: #1 Exhibit Exhibit A - Proposed Order, #2 Exhibit Exhibit B - Proposed Hilco Consulting Agreement)(Levengood, John) |
| Filing 20 Request for Notice by Underwear Company. (Attachments: #1 Envelope)(bnw) |
| Filing 19 Request for Notice by Raymond Leasing Corporation. (bnw) |
| Filing 18 STATUS REPORT (Initial) by Gene R. Kohut of Conway MacKenzie, Inc.. (Attachments: #1 Exhibit Certificate of Service)(Dragich, David) |
| Filing 17 NOTICE of Appearance by Amanda Vintevoghel on behalf of Gene R. Kohut of Conway MacKenzie, Inc. (Vintevoghel, Amanda) |
| Filing 16 NOTICE of Appearance by David Dragich on behalf of Gene R. Kohut of Conway MacKenzie, Inc. (Dragich, David) |
| Filing 15 Request for Notice by The Huntington Capital Investment Company (bnw) Modified on 3/6/2019 to edit text (bnw). |
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MINUTE ORDER GRANTING #8 Application for Admission Pro Hac Vice of David Dragich, and GRANTING #9 Application for Admission Pro Hac Vice of Amanda Vintevoghel by CRD at the direction of the Court. Approved by Judge Mark H. Cohen on February 27, 2019. (lwb)
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Filing 13
ORDER granting #11 Emergency Motion to Authorize Receiver to Reduce Workforce as Necessary in his Discretion is GRANTED. The Receiver is not subject to the requirements of the Worker Adjustment and Retraining Act, 29 U.S.C. 2101-2109, as it relates to Defendant Heritage Sportswear, Inc. 's employees. Signed by Judge Mark H. Cohen on 2/26/19. (bnw)
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| APPROVAL by Clerks Office re: #8 APPLICATION for Admission of David Dragich Pro Hac Vice (Application fee $ 150, receipt number 113E-8460472). Attorney John Michael Levengood added appearing on behalf of Gene R. Kohut of Conway MacKenzie, Inc. (jkm) |
| APPROVAL by Clerks Office re: #9 APPLICATION for Admission of Amanda Vintevoghel Pro Hac Vice (Application fee $ 150, receipt number 113E-8460517). Attorney John Michael Levengood added appearing on behalf of Gene R. Kohut of Conway MacKenzie, Inc. (jkm) |
| Submission of #11 Emergency MOTION to Authorize Receiver to Reduce Workforce as Necessary in his Discretion #7 Order and MOTION for Expedited Hearing, to District Judge Mark H. Cohen. (bdb) |
| Filing 12 NOTICE Of Filing Memorandum in Support of Emergency Motion by Gene R. Kohut of Conway MacKenzie, Inc. re #11 Emergency MOTION Emergency Motion to Authorize Receiver to Reduce Workforce as Necessary in his Discretion #7 Order Memorandum in Support of Emergency Motion to Authorize Receiver to Reduce Workforce as Necessary in his Discretion (Attachments: #1 Text of Proposed Order Proposed Order Setting Expedited Hearing and Proposed Order Granting Emergency Motion)(Levengood, John) |
| Filing 11 Emergency MOTION Emergency Motion to Authorize Receiver to Reduce Workforce as Necessary in his Discretion #7 Order with Brief In Support by Gene R. Kohut of Conway MacKenzie, Inc.. (Levengood, John) |
| Filing 10 NOTICE of Appearance by John Michael Levengood on behalf of Gene R. Kohut of Conway MacKenzie, Inc. (Levengood, John) |
| Filing 9 APPLICATION for Admission of Amanda Vintevoghel Pro Hac Vice (Application fee $ 150, receipt number 113E-8460517)by Gene R. Kohut. (Levengood, John) |
| Filing 8 APPLICATION for Admission of David Dragich Pro Hac Vice (Application fee $ 150, receipt number 113E-8460472)by Gene R. Kohut. (Levengood, John) |
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Filing 7
ORDER Appointing Receiver and Enjoining Defendant and Others. Signed by Judge Mark H. Cohen on 2/14/2019. (btql)
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| Filing 6 WAIVER OF SERVICE Returned Executed by Cadence Bank, N.A.. Heritage Sportswear, Inc. waiver mailed on 2/4/2019, answer due 4/5/2019. (Dorsey, Rufus) |
| Filing 5 CERTIFICATE OF SERVICE re #3 Order on Motion to Appoint Receiver,, filed by Cadence Bank, N.A. (Dorsey, Rufus) |
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Filing 4
STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge Mark H. Cohen on 2/6/19. (bnw)
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| NOTICE OF HEARING ON PLAINTIFF'S EMERGENCY MOTION: Hearing set for 2/14/2019 at 10:00 AM in ATLA Courtroom 1905 before Judge Mark H. Cohen. (lwb) |
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Filing 3
ORDER: it is hereby ORDERED that Defendant file a response to Plaintiff's #2 Emergency Motion no later than Tuesday, February 12, 2019. It is further ORDERED that a hearing on Plaintiffs Emergency Motion be held before the undersigned on February 14, 2019, at 10:00 a.m., in Courtroom 1905 of the Richard B. Russell United States Courthouse, 75 Ted Turner Drive, S.W., Atlanta, Georgia. It is further ORDERED that Plaintiff serve a copy of this Order instanter upon Defendant and its counsel, and provide proof of such service on the docket. Signed by Judge Mark H. Cohen on 2/5/19. (bnw)
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| Filing 2 Emergency MOTION to Appoint Receiver and for Related Injunctive Relief with Brief In Support by Cadence Bank, N.A.. (Attachments: #1 Exhibit Proposed Order, #2 Exhibit Statement of Receiver Qualifications)(Dorsey, Rufus) |
| Filing 1 COMPLAINT with INJUNCTIVE RELIEF filed by Cadence Bank, N.A. (Filing fee $400, receipt number 113E-8429009) (Attachments: #1 Civil Cover Sheet, #2 Exhibit Financing Statement, #3 Exhibit Loan Agreement, #4 Exhibit Proposed Order, #5 Exhibit Reservation of Rights Letter)(bnw) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. Modified on 2/5/2019 to edit file date(bnw). |
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