Ultimate Opportunities, LLC v. The Plan Administrator et al
| The Plan Administrator and Old Republic National Title Insurance Company |
| Ultimate Opportunities, LLC |
| 4921 12th Avenue LLC |
| 1:2020cv04927 |
| October 14, 2020 |
| US District Court for the Eastern District of New York |
| Ann M Donnelly |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 1334 |
| None |
Docket Report
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SCHEDULING ORDER: The parties' request to extend their briefing deadlines #12 is granted. The appellant's brief is due on or before January 3, 2021. The appellees' responses are due on or before February 23, 2021. The appellant's reply is due on or before March 9, 2021. Ordered by Judge Ann M. Donnelly on 12/11/2020. (Singer, Julie)
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Filing 12
STIPULATION re #1 Bankruptcy Appeal - Parties' deadlines for filing briefs by Ultimate Opportunities, LLC (Weingarten, Noah)
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Filing 11
Notice of Bankruptcy Record Received. Notice to all parties, in accordance with Federal Rule of Bankruptcy Procedure 8010(b)(3), that the record has been received or is available electronically. Parties shall now follow briefing schedule as set forth in Federal Rule of Bankruptcy Procedure 8018. Specifically, appellant must serve and file a brief within 30 days of this notice, the appellee must serve and file a brief within 30 days after service of the appellants brief, and the appellant may serve and file a reply brief within 14 days after service of the appellees brief, but a reply brief must be filed at least 7 days before scheduled argument. (Attachments: #1 Part 2 of Designation, #2 Part 3 of Designation, #3 Part 4 of Designation, #4 Part 5 of Designation, #5 Part 6 of Designation, #6 Part 7 of Designation, #7 Trans of Add Rec on Appeal (BK, #8 Trans of Add Rec on Appeal (BK: Notice Recipients) (Brown, Marc) (Additional attachment(s) added on 11/13/2020: #9 Transcript) (Brown, Marc).
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Filing 10
CERTIFICATE OF SERVICE by Ultimate Opportunities, LLC re #9 Reply in Support, (Weingarten, Noah)
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Filing 9
REPLY in Support re #5 Memorandum in Support / Reply Memorandum of Law in Further Support of Emergency Motion of Ultimate Oppurtunities, LLC for Stay of Order Directing Vacatur of Commercial Premises Pending Appeal filed by Ultimate Opportunities, LLC. (Carroll, Schuyler)
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Filing 8
CERTIFICATE OF SERVICE by The Plan Administrator re #7 Response to Motion (Frankel, Mark)
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Filing 7
RESPONSE to Motion re #2 Emergency MOTION for Order to Show Cause , #3 Emergency MOTION to Stay Order Directing Vacatur of Commercial Premises Pending Appeal filed by The Plan Administrator. (Frankel, Mark)
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Minute Entry for proceedings held before Judge Ann M. Donnelly: Motion Hearing held on 10/20/2020 regarding Motion for Order to Show Cause with Temporary Restraining Order #2 and Motion to Stay #3 . William M. Hawkins and Noah Weingarten appeared for Ultimate Opportunities, LLC. Mark A. Frankel, the Plan Administrator, appeared on behalf of himself. David K. Fiveson appeared for Old Republic National Title Insurance Company. Case called. Discussion held. For the reasons discussed on the record, the Temporary Restraining Order is granted. The enforcement of the Bankruptcy Court's Vacatur Order, as amended by the Reconsideration Order, is stayed, enjoined and restrained, and the Plan Administrator, together with his officers, agents and employees, are stayed, enjoined and restrained from attempting to evict or otherwise interfere with Ultimate Opportunity's use, occupancy, and possession of the Property, until fourteen days after the final determination of Ultimate Opportunity's Motion to Stay #3 or until a date subsequently ordered by this Court. The Plan Administrator's Opposition to the Motion to Stay #3 is due on or before November 3, 2020. Ultimate Opportunity's reply is due on or before November 10, 2020. (Court Reporter Linda Danelczyk.) (Singer, Julie)
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Filing 6
CERTIFICATE OF SERVICE by Ultimate Opportunities, LLC re #4 Affidavit in Support of Motion, #5 Memorandum in Support, #2 Emergency MOTION for Order to Show Cause , #3 Emergency MOTION to Stay Order Directing Vacatur of Commercial Premises Pending Appeal (Weingarten, Noah)
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Filing 5
MEMORANDUM in Support re #3 Emergency MOTION to Stay Order Directing Vacatur of Commercial Premises Pending Appeal filed by Ultimate Opportunities, LLC. (Carroll, Schuyler)
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Filing 4
AFFIDAVIT/DECLARATION in Support re #3 Emergency MOTION to Stay Order Directing Vacatur of Commercial Premises Pending Appeal filed by Ultimate Opportunities, LLC. (Attachments: #1 Exhibit A - Declaration of Uziel Frankel (18-47256; USBC - EDNY).)) (Weingarten, Noah)
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Filing 3
Emergency MOTION to Stay Order Directing Vacatur of Commercial Premises Pending Appeal by Ultimate Opportunities, LLC. (Weingarten, Noah)
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Filing 2
Emergency MOTION for Order to Show Cause by Ultimate Opportunities, LLC. (Attachments: #1 Declaration of William M. Hawkins in Support of Order to Show Cause with Temporary Restraining Order) (Hawkins, William)
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ORDER TO SHOW CAUSE: The Plan Administrator is directed to show cause before this Court on October 20, 2020 at 3:00 p.m., via telephone conference (telephone conference line (888) 363-4734, access code 9057625), as to why an order should not be entered granting Ultimate Opportunities, LLC the relief requested in its Motion for Order to Show Cause with Temporary Restraining Order #2 and Motion to Stay #3 . Ordered by Judge Ann M. Donnelly on 10/19/2020. (Singer, Julie)
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Filing 1
Notice of APPEAL FROM BANKRUPTCY COURT. Bankruptcy Court case number 1-18-47256., filed by Ultimate Opportunities, LLC. (Attachments: #1 Civil Cover Sheet, #2 Transmittal of Notice of Appeal, #3 Notice Recipients) (Bowens, Priscilla)
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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. (Bowens, Priscilla)
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