JH, Inc. et al v. Morabito et al
Plaintiff: JH, Inc., Berry-Hinckley Industries and Jerry Herbst
Appellant: Paul A. Morabito
Case Number: 3:2019cv00035
Filed: January 22, 2019
Court: US District Court for the District of Nevada
Presiding Judge: Miranda M Du
Nature of Suit: Bankruptcy Appeal (801)
Cause of Action: 11 U.S.C. § 101
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 17, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 19, 2019 Filing 21 REPLY to Response to #10 Motion for Recusal of District Judge by Appellant Paul A. Morabito. (Shemano, David)
March 19, 2019 Filing 20 EXCERPTS of Record re #9 Excerpts of Record by Berry-Hinckley Industries, Berry-Hinckley Industries, Jerry Herbst, Jerry Herbst, JH, Inc. . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12) (Weisenmiller, Mark)
March 19, 2019 Filing 19 RESPONSIVE BRIEF re #8 Brief by Appellees Berry-Hinckley Industries, Jerry Herbst, JH, Inc., Plaintiffs Berry-Hinckley Industries, Jerry Herbst, JH, Inc.. (Weisenmiller, Mark)
March 18, 2019 Opinion or Order Filing 18 ORDER granting ECF No. #16 Verified Petition for Permission to Practice Pro Hac Vice of Attorney David B. Shemano for Paul A. Morabito and approving Designation of Local Counsel Jeffrey L. Hartman. Signed by Judge Miranda M. Du on 3/18/2019. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - DRM)
March 18, 2019 Filing 17 RESPONSE to #14 Motion, by Appellant Paul A. Morabito. Replies due by 3/25/2019. (Shemano, David)
March 18, 2019 Filing 16 MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by David B. Shemano and DESIGNATION of Local Counsel Jeffrey L. Hartman (Filing fee $ 250) by Appellant Paul A. Morabito. (Shemano, David)
March 14, 2019 Filing 15 DECLARATION of Mark M. Weisenmiller re #14 Motion, by Appellees Berry-Hinckley Industries, Jerry Herbst, JH, Inc., Plaintiffs Berry-Hinckley Industries, Jerry Herbst, JH, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8) (Weisenmiller, Mark)
March 14, 2019 Filing 14 MOTION Strike Morabito's Opening Brief and Record Excerpts and for Dismissal of Appeal by Appellees Berry-Hinckley Industries, Jerry Herbst, JH, Inc., Plaintiffs Berry-Hinckley Industries, Jerry Herbst, JH, Inc.. Responses due by 3/28/2019. (Weisenmiller, Mark)
March 11, 2019 Filing 13 DECLARATION of Mark M. Weisenmiller re #11 Response by Appellees Berry-Hinckley Industries, Jerry Herbst, JH, Inc., Plaintiffs Berry-Hinckley Industries, Jerry Herbst, JH, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Weisenmiller, Mark) Modified on 3/12/2019 link added to #10 . (BLG).
March 11, 2019 Filing 12 DECLARATION of Alvin J. Hicks re #11 Response by Appellees Berry-Hinckley Industries, Jerry Herbst, JH, Inc., Plaintiffs Berry-Hinckley Industries, Jerry Herbst, JH, Inc.. (Weisenmiller, Mark) Modified on 3/12/2019 link added to #10 . (BLG).
March 11, 2019 Filing 11 RESPONSE to #10 Motion for Recusal of District Judge by Appellees Berry-Hinckley Industries, Jerry Herbst, JH, Inc., Plaintiffs Berry-Hinckley Industries, Jerry Herbst, JH, Inc.. Replies due by 3/18/2019. (Weisenmiller, Mark)
March 5, 2019 Filing 10 MOTION for Recusal of District Judge by Appellant Paul A. Morabito. (Shemano, David)
March 5, 2019 Filing 9 EXCERPTS of Record by Paul A. Morabito . (Shemano, David)
March 5, 2019 Filing 8 OPENING BRIEF by Appellant Paul A. Morabito. (Shemano, David)
February 19, 2019 Filing 7 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 2/19/2019. IT IS ORDERED that the appellant shall have a period of 14 days from the date of this order to file/serve an opening brief. Appellee shall have 14 days after to file/serve an answering brief. Thereafter, appellant shall have 14 days to file/serve a final reply brief. IT IS FURTHER ORDERED that appellant shall file and serve excerpts of the record as an appendix to the appellant brief pursuant to Fed. R. Bankr. P. 8009(b) and LR IC 2-2. Appellee may also file/serve an appendix with appellee brief which contains required material omitted by appellant. Opening brief due by 3/5/2019. Answering brief due by 3/19/2019. Reply brief due by 4/2/2019. (no image attached) (Copies have been distributed pursuant to the NEF - KW)
February 15, 2019 Filing 6 CERTIFICATE of Readiness. Bankruptcy Court case number BK-N-13-51237-GWZ. Adversary Proceeding: 15-05019-gwz. Appeal Reference Number: 19-04. (KW)
February 1, 2019 Filing 5 DOCKETING ERROR - DISREGARD THIS ENTRY : JURY DOCUMENTS Forwarded to BNC for Mailing. (BK Case 15-05046 Doc 331). (DRM) Modified on 2/1/2019 to reflect docketing error (DRM).
February 1, 2019 Filing 4 DOCKETING ERROR - DISREGARD THIS ENTRY : TRANSMITTAL FORM Certifying Matter to U.S. District Court for Jury Trial. (BK Case 15-05046 Doc 330) (DRM) Modified on 2/1/2019 to reflect docketing error (DRM).
January 23, 2019 Opinion or Order Filing 3 STANDING ORDER. This case has been assigned to the Honorable Miranda M. Du. Judge Du's Civil Standing Order is posted on the U.S. District Court, District of Nevada public website and may be accessed directly via this hyperlink: #www.nvd.uscourts.gov Signed by Judge Miranda M. Du on 1/23/2019. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
January 22, 2019 Filing 2 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 1/22/2019. IT IS ORDERED that the designation of reporters and recorders transcripts (if any) as required by Fed. R. Bankr. P. 8009(a) shall be filed with the clerk of bankruptcy court so the certificate of readiness may be transmitted timely to the district court. If the designation was previously filed with the clerk of BAP, counsel shall file a copy of the same with the clerk of bankruptcy court. IT IS FURTHER ORDERED that all future documents filed in connection with this appeal shall bear the bankruptcy case number, adversary case number (if any) and the district court civil case number. For Bankruptcy Appeals, Attorneys are required to file Verified Petitions in accordance with LR IA 11-2. (no image attached) (Copies have been distributed pursuant to the NEF - DRM)
January 22, 2019 Case assigned to District Judge Miranda M. Du. (WJ)
January 17, 2019 Filing 1 NOTICE OF REFERRAL OF APPEAL TO UNITED STATES DISTRICT COURT - Bankruptcy Court case number BK-N-13-51237-GWZ. Adversary Proceeding: 15-05019-gwz. Appeal Reference Number: 19-04. (Attachments: #1 Transmittal Form to USDC, #2 Appeal Memorandum, #3 Notice of Appeal) (DRM)

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Plaintiff: JH, Inc.
Represented By: Gerald M. Gordon
Represented By: Mark Malloy Weisenmiller
Represented By: Jeffrey L. Hartman
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Plaintiff: Berry-Hinckley Industries
Represented By: Gerald M. Gordon
Represented By: Mark Malloy Weisenmiller
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Plaintiff: Jerry Herbst
Represented By: Gerald M. Gordon
Represented By: Mark Malloy Weisenmiller
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Appellant: Paul A. Morabito
Represented By: David B. Shemano
Represented By: Jeffrey L. Hartman
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