The Braeside Foundation v. Birkelbach
| Stuart Chanen and The Braeside Foundation |
| Carl M Birkelbach |
| 1:2023cv05207 |
| August 7, 2023 |
| US District Court for the Northern District of Illinois |
| Steven C Seeger |
| Other Fraud |
| 11 U.S.C. ยง 101 Bankruptcy |
| None |
Docket Report
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This docket was last retrieved on September 22, 2023. A more recent docket listing may be available from PACER.
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| Filing 9 ENTERED JUDGMENT on 9/22/2023. Mailed notice. (jjr, ) |
| Filing 8 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff Braeside's motion to refer this adversary proceeding to the bankruptcy court (Dckt. No. #7 ) is hereby granted. This case is an adversary proceeding relating to a pending bankruptcy case. Braeside's adversary complaint seeks a finding of non-dischargeability of debtor Birkelbach's debt to Braeside. This case arises under and relates to a case under Title 11. It belongs in bankruptcy court. Pursuant to 28 U.S.C. 157(a) and Local Rule 40.3.1(a), the Court hereby transfers this matter to the bankruptcy court for further proceedings. Mailed notice. (jjr, ) |
| Filing 7 MOTION by Plaintiff The Braeside Foundation to transfer case to the Bankruptcy Court pursuant NDLR 40.3.1 (Chanen, Stuart) |
| Filing 6 SUMMONS Returned Executed by The Braeside Foundation as to Carl M Birkelbach on 9/8/2023, answer due 9/29/2023. (Chanen, Stuart) |
| Filing 5 ATTORNEY Appearance for Plaintiff The Braeside Foundation by Stuart Jay Chanen Chanen & Olstein, LLP (Chanen, Stuart) |
| Filing 4 CIVIL Cover Sheet (Chanen, Stuart) |
| SUMMONS Issued as to Defendant Carl M Birkelbach (axk, ) |
| Filing 3 MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by October 31, 2023. Counsel must read the Standing Order entitled "Initial Status Conferences and Joint Initial Status Reports" on the Court's website. The parties must confer as required by Rule 26(f) about the nature, scope, and duration of discovery. The parties must submit two documents to the Court. First, the parties must file the Joint Initial Status Report under Rule 26(f) on the docket. A Word version of the Joint Initial Status Report is available on the Court's website. All parties must participate in the preparation and filing of the Joint Initial Status Report. The Court requires a joint report, so a filing by one side or the other is not sufficient. Second, the parties must email a Word version of a proposed Scheduling Order under Rule 16(b) to the Court's proposed order inbox. Lead counsel for the parties must participate in filing the initial status report. Plaintiff must serve this Order on all other parties. If the defendant has not been served with process, plaintiff's counsel must contact the Courtroom Deputy at jessica_j_ramos@ilnd.uscourts.gov to reschedule the initial status report deadline. Plaintiff should not file the Joint Initial Status Report before the defendant(s) has been served with process. The parties must discuss settlement in good faith and make a serious attempt to resolve this case amicably. All counsel of record must read and comply with this Court's Standing Orders on its webpage. Please pay special attention to the Standing Orders about Depositions and Discovery. Mailed notice. (jjr, ) |
Filing 2
ORDER: #Local Rule 3.1# requires at the time of filing a case, plaintiff's counsel, or if the case is filed pro se, the plaintiff shall file with the original papers a completed designation sheet (civil cover sheet). No civil cover sheet was submitted at the time of filing this matter. Stuart Chanen is directed to file the #Civil Cover Sheet# within 14 days of this notification. Signed by the Executive Committee. (mek)
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| CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (mek) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (mek) |
| Filing 1 COMPLAINT filed by The Braeside Foundation; Filing fee $ 402, receipt number AILNDC-20905952. (Attachments: #1 Exhibit A - Final Judgment, #2 Exhibit B - Arbitration Statement of Claim, #3 Errata C - Arbitration Award)(Chanen, Stuart) |
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