FMTB BH LLC v. 1988 Morris Avenue LLC et al
| 1974 Morris Avenue LLC, 700 Beck Street, LLC, 1988 Morris Avenue LLC, 1143 Forest Avenue LLC and 1821 Topping Avenue LLC |
| FMTB BH LLC |
| 1:2020cv04296 |
| September 14, 2020 |
| US District Court for the Eastern District of New York |
| Allyne R Ross |
| Bankruptcy Appeal (801) |
| 28 U.S.C. ยง 1334 |
| None |
Docket Report
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| Filing 9 REPLY in Support re #6 MOTION to Dismiss for Lack of Jurisdiction filed by FMTB BH LLC. (Attachments: #1 Declaration in Reply, #2 Exhibit A) (Zelmanovitz, Joseph) |
| Filing 8 MEMORANDUM in Opposition re #6 MOTION to Dismiss for Lack of Jurisdiction filed by 1143 Forest Avenue LLC, 1821 Topping Avenue LLC, 1974 Morris Avenue LLC, 1988 Morris Avenue LLC, 700 Beck Street, LLC. (Markowitz, Brian) |
| Filing 7 MOTION to Dismiss for Lack of Jurisdiction by FMTB BH LLC. (Attachments: #1 Declaration of Joseph Zelmanovitz in support of the motion, #2 Exhibit A in support: Decision of Bank. Ct., #3 Exhibit B in support: Order dated Sept 2 2020, #4 Exhibit C in support: Assumption Order, #5 Exhibit D in support: TOE Notice, #6 Exhibit E in support: Email from Judge Trust) (Zelmanovitz, Joseph) |
| Filing 6 MOTION to Dismiss for Lack of Jurisdiction by FMTB BH LLC. (Attachments: #1 Memorandum in Support) (Zelmanovitz, Joseph) |
ORDER: The court has reviewed the parties' pre-motion letters concerning plaintiff-appellee's anticipated motion to dismiss and determined that a pre-motion conference is not necessary. The court therefore grants plaintiff-appellee permission to bring the motion. Plaintiff-appellee's motion and supporting papers shall be filed electronically no later than October 30, 2020; defendants-appellants' opposition papers shall be filed electronically no later than November 9, 2020; plaintiff-appellee's reply papers, if any, shall be filed electronically no later than November 13, 2020. This schedule may be altered only with the permission of the court. Ordered by Judge Allyne R. Ross on 10/21/2020. (Roeck, Victoria)
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| Filing 5 Letter Response to the Court Addressing Pending Appeal by 1143 Forest Avenue LLC, 1821 Topping Avenue LLC, 1974 Morris Avenue LLC, 1988 Morris Avenue LLC, 700 Beck Street, LLC (Markowitz, Brian) |
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(CORRECTED) ORDER: This court has reviewed Judge Craig's order, dated September 30, 2020, authorizing the Debtor to assume the contracts and granting related relief to the parties. The appellants are ordered to advise this court, in the form of a letter uploaded to ECF no later than October 13, 2020, as to why the appeal should not be dismissed as moot. Ordered by Judge Allyne R. Ross on 10/9/2020. (Schnell, Samantha)
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ORDER: This court has reviewed Judge Craig's order, dated September 30, 2020, authorizing the Debtor to assume the contracts and granting related relief to the parties. The appellants are ordered to advise this court, in the form of a letter uploaded to ECF no later than October 12, 2020, as to why the appeal should not be dismissed as moot. Ordered by Judge Allyne R. Ross on 10/8/2020. (Schnell, Samantha)
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| Filing 4 DEMAND for Trial by Jury by 1143 Forest Avenue LLC, 1821 Topping Avenue LLC, 1974 Morris Avenue LLC, 1988 Morris Avenue LLC, 700 Beck Street, LLC, Letter in Opposition to Plaintiff-Appellee's Request for a Pre-Motion Conference by 1143 Forest Avenue LLC, 1821 Topping Avenue LLC, 1974 Morris Avenue LLC, 1988 Morris Avenue LLC, 700 Beck Street, LLC (Markowitz, Brian) |
| Filing 3 Letter requesting pre-motion conference by FMTB BH LLC (Zelmanovitz, Joseph) |
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ORDER: Appellant has submitted a letter requesting a pre-motion conference regarding an anticipated motion to dismiss the appeal #3 . Appellees' counsel is reminded that, under Judge Ross's Individual Motion Practices, appellees are required to file a responsive letter addressing the legal and factual bases of the anticipated motion within seven business days from service of appellant's letter, on or before October 1, 2020. Ordered by Judge Allyne R. Ross on 9/22/2020. (Schnell, Samantha)
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| Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
| Filing 1 Notice of APPEAL FROM BANKRUPTCY COURT. Bankruptcy Court case number 18-1052., filed by FMTB BH LLC. (Attachments: #1 Transmittal of Record, #2 Opinion/Decision, #3 Order, #4 Affidavit, #5 Notice to Parties) (Davis, Kimberly) |
| Notice that appeal from the Bankruptcy Court has been docketed. Parties shall file with the Bankruptcy Clerk their designations of items to be included in the record and statement of issues to be presented pursuant to Federal Rule of Bankruptcy Procedure 8009. (Davis, Kimberly) |
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