Kane et al v. Island Leasing, LLC
| AAR Supply Chain, Inc. and Island Leasing, LLC |
| In The Matter Of: |
| Elizabeth A. Kane |
| 1:2019cv00681 |
| December 23, 2019 |
| US District Court for the District of Hawaii |
| LESLIE E KOBAYASHI |
| KENNETH J MANSFIELD |
| JILL A OTAKE |
| Bankruptcy Appeal (801) |
| 28 U.S.C. ยง 1334 |
| None |
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| ADVISORY ENTRY. Pursuant to the Minute Order Re: Court Order: 1) Consolidating Cases; and 2) Setting Briefing Schedule, filed on February 19, 2020, ECF No. #11 , all future filings relevant to CV 19-00681 LEK-KJM shall be filed only in CV 19-00655 LEK-WRP. (emt, ) |
| Filing 11 EO: COURT ORDER: 1) CONSOLIDATING CASES; AND 2) SETTING BRIEFING SCHEDULE On January 17, 2020, Island Leasing, LLC ("Island Leasing") filed its Motion to Consolidate Bankruptcy Appeals CV 19-00436 JMS-RT; CV 19-00655 LEK-WRP; and CV 19-00681 LEK-KJM ("Motion"). [CV 19-00655 LEK-WRP, dkt. no. 5; CV 19-00681 LEK-KJM, dkt. no. 4.] On February 3, 2020, an entering order was filed in Carbonview Limited, LLC, et al. v. Kane, et al., CV 19-00436 JMS-RT, staying and administratively closing that appeal pending the results of the other two appeals. [CV 19-00436 JMS-RT, dkt. no. 22.] On February 6, 2020, the Court ordered the parties to submit letter briefs regarding the consolidation of cases CV 19-00655 LEK-WRP and CV 19-00681 LEK-KJM. [Entering Order, filed 2/6/20 (dkt. no. 7).] On February 13, 2020, Island Leasing and Elizabeth A. Kane, Bankruptcy Trustee ("Trustee") submitted letters to this Court indicating they were not opposed to consolidating CV 19-00655 LEK-WRP and CV 19-00681 LEK-KJM. See, e.g., CV 19-00655 LEK-WRP, dkt. nos. 9, 10. AAR Supply Chain, Inc. ("AAR") did not file a letter brief.Therefore, the Court HEREBY CONSOLIDATES cases CV 19-00655 LEK-WRP and CV 19-00681 LEK-KJM. All further pleadings are to be filed and docketed in CV 19-00655 LEK-WRP. The Clerk's Office is DIRECTED to make an entry in CV 19-00681 LEK-KJM that all future filings relevant to that case are to be filed only in CV 19-00655 LEK-WRP.Pursuant to Fed. R. Bankr. P. 8016(b), Island Leasing is the designated Appellant, and the Trustee and AAR are the designated Appellees. Briefing will be filed in accordance with Rule 8016, as modified by Local Bankruptcy Rule 8009.1 and the schedule below: 1.Island Leasing's Principal Brief is due no later than February 28, 2020, and limited to 25 pages or 6,250 words;2.The Trustee's Principal and Response Brief is due no later than March 30, 2020, and limited to 30 pages or 7,500 words;3.AAR's Principal and Response Brief is also due no later than March 30, 2020, and limited to 30 pages or 7,500 words; 4.Island Leasing's Response and Reply Brief is due no later than April 29, 2020, and limited to 25 pages or 6,250 words;5.The Trustee's Reply Brief is due no later than May 13, 2020, and limited to 15 pages or 3,750 words;6.AAR's Reply Brief is also due no later than May 13, 2020, and limited to 15 pages or 3,750 words; and7.The oral argument currently scheduled in CV 19-00655 LEK-WRP is HEREBY CONTINUED from April 24, 2020, at 10:30 a.m., to July 10, 2020, at 10:30 a.m. IT IS SO ORDERED.(JUDGE LESLIE E. KOBAYASHI)(mrf) |
| Filing 10 Letter addressed to Judge Leslie E. Kobayashi from Christopher J. Muzzi, Esq., dated February 14, 2020 Re: Consolidation and request for extension to file opening brief. (CV 19-00655 LEK-WRP; CV 19-00681 LEK-KJM) (emt, ) |
| Filing 9 Letter Brief addressed to Judge Leslie E. Kobayashi from Nickolas A. Kacprowski, Esq. and Wendy F. Hanakahi, Esq., dated February 13, 2020 re #4 MOTION to Consolidate Cases [ CV 19-00655 LEK-WRP; and CV 19-00681 LEK-KJM. (CV 19-00655 LEK-WRP; CV 19-00681 LEK-KJM) (emt, ) |
| Filing 8 Letter Brief addressed to Judge Leslie E. Kobayashi from Christopher J. Muzzi, Esq., dated February 12, 2020 re #4 MOTION to Consolidate Cases [CV 19-00655 LEK-WRP; and CV 19-00681 LEK-KJM]. (CV 19-00655 LEK-WRP; CV 19-00681 LEK-KJM) (emt, ) |
| Filing 7 EO: COURT ORDER DIRECTING ALL PARTIES TO FILE LETTER BRIEFS. The parties' letter briefs must not exceed three pages each and must be submitted to this Court via hand-delivery, United States mail, or facsimile to (808) 541-1386, by no later than February 13, 2020. (JUDGE LESLIE E. KOBAYASHI) (afe) (afe, ). |
| Filing 6 RESPONSE in Opposition re #4 MOTION to Consolidate Cases Bankruptcy Appeals CV 19-00436 JMS-RT; CV 19-00655 LEK-WRP; and CV 19-00681 LEK-KJM filed by Elizabeth A. Kane. (Attachments: #1 Certificate of Service)(Duffy, Carisa) |
| Filing 5 U.S. Bankruptcy Court's Certificate of Readiness. (Attachments: #1 Notice of Appeal and Statement of Election, #2 Appellant Trustee's Designation of Record on Appeal and Cross-Appeal and Statement of Issues, #3 Adversary Proceeding # 18-90007, #4 Notice of Completion of Record on Appeal) (emt, ) |
| Filing 4 MOTION to Consolidate Cases Bankruptcy Appeals CV 19-00436 JMS-RT; CV 19-00655 LEK-WRP; and CV 19-00681 LEK-KJM Christopher J. Muzzi appearing for Appellee Island Leasing, LLC (Attachments: #1 Declaration of Counsel, #2 Certificate of Service)(Muzzi, Christopher) |
| Filing 3 NOTICE of Case Reassignment; Case reassigned to JUDGE LESLIE E. KOBAYASHI for all further proceedings. JUDGE JILL A. OTAKE no longer assigned to case Please reflect Civil case number CV 19-00681LEK-KJM on all further pleadings. CV 19-00681-JAO-KJM Kane et al v. Island Leasing, LLC Bankruptcy Appeal is a cross appeal of the original BK appeal in CV 19-00655 LEK-WRP. (apg, ) |
| Filing 2 NOTICE of Case Assignment: Please reflect Civil case number CV 19-00681 JAO-KJM on all further pleadings. (emt, ) |
| Filing 1 Notice of APPEAL FROM U.S. BANKRUPTCY APPELLATE PANEL. Bankruptcy Court case number BAP No. HI-19-1333., Bk. No. 17-101078. Adv. No. 18-90007 - filed by Elizabeth A. Kane. (Attachments: #1 Amended Transmittal of Cross Appeal to BAP, #2 Notice of Appeal and Statement of Election, #3 Optional Appellee Statement of Election to Proceed in District Court) (emt, ) |
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