Doe v. DeClue et al
| SHC-MG-4 Doe |
| Boy Scouts of America, David A. DeClue, Susquenango Council, Boy Scouts of America, Inc., Baden-Powell Council, Inc., Boy Scouts of America, National Boy Scouts of America Foundation, David DeClue and Boy Scouts of America, Corp. |
| 3:2020cv00192 |
| February 19, 2020 |
| US District Court for the Northern District of New York |
| Therese Wiley Dancks |
| Glenn T Suddaby |
| P.I.: Other |
| 28 U.S.C. § 1452 R&R re motions to remand (non-core) |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 9, 2020. A more recent docket listing may be available from PACER.
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| Filing 26 TEXT ORDER: Court has reviewed docket. The 5/11/2020 telephone Rule 16 Initial Conference and associated deadlines are adjourned at this time without new date. Defendant counsel to file status report on the Bankruptcy by 5/26/2020. SO ORDERED Magistrate Judge Therese Wiley Dancks on 4/9/2020. (sg ) |
| Filing 25 NOTICE of Appearance by Paul E. Davenport on behalf of David A. DeClue (Davenport, Paul) |
Filing 24
TEXT ORDER: Court has reviewed Dkt. No. #22 Notice of Appearance filed by Paul Davenport, Esq. on behalf of defendant David A. DeClue. The image has been filed length-wise. Mr. Davenport is directed to re-file the notice of appearance in a correct manner as to be properly viewed by all parties and the Court. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/1/2020. (sg )
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| Filing 23 NOTICE by Baden-Powell Council, Inc., Boy Scouts of America, Boy Scouts of America, Susquenango Council, Boy Scouts of America, Inc. NOTICE OF ENTRY OF CONSENT ORDER PURSUANT TO 11 U.S.C. 105(a) AND 362 GRANTING THE BSAS MOTION FOR A PRELIMINARY INJUNCTION (Attachments: #1 Exhibit(s) Consent Order)(Beckwith, Mathew) |
| Filing 22 NOTICE of Appearance by Paul E. Davenport on behalf of David A. DeClue (Davenport, Paul) |
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Filing 21
TEXT ORDER granting #13 Motion for Limited Admission Pro Hac Vice of William Gordon, Esq. for SHC-MG-4- Doe. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/10/2020. (sg )
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Filing 20
TEXT ORDER granting #12 Motion for Limited Admission Pro Hac Vice of Mitchell Garabedian, Esq. for SHC-MG-4-Doe. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/10/2020. (sg )
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| Filing 19 Supplemental Admission documents re: #12 Motion for Limited Admission Pro Hac Vice,,. (Attachments: #1 Attorney E-Filing Registration)(Breit, Mitchell) |
| Filing 18 Supplemental Admission documents re: #13 Motion for Limited Admission Pro Hac Vice,,. (Attachments: #1 Attorney E-Filing Registration)(Breit, Mitchell) |
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Filing 17
ORDER : The Non-Debtor Defendants' time to submit an answer or other responsive pleading to the Underlying Complaint pending in this Court is extended for a period of seven (7) days following the hearing on the PI Motion (currently scheduled for March 24, 2020) and entry of an order by the Delaware Bankruptcy Court with respect to the PI Motion (the "Del. Bankr. Ct. PI Order"). Upon entry of the Del. Bankr. Ct. PI Order, the Non-Debtor Defendants' deadline to answer or otherwise respond to the Underlying Complaint in this Court will be extended until August 17, 2020 (180 days from the commencement of the BSA's chapter 11 case), or such date as may be otherwise ordered or extended by order of the Delaware Bankruptcy Court. The Non-Debtor Defendants shall promptly notify this Court of the entry of the Del. Bankr. Ct. PI Order and any modification or extension thereof. The Court shall retain jurisdiction over any matter or dispute arising from or relating to the implementation, interpretation, or enforcement of this Order. Signed by Chief Judge Glenn T. Suddaby on 3/9/2020. (sal )
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Filing 16
TEXT ORDER granting #7 the Letter-Motion of Defendants Susquenango Council, Inc., and Baden-Powell Council, Inc., for the reasons stated therein. Plaintiff has not filed an opposition to the Letter-Motion, and the deadline by which to do so has expired. (See generally Docket Sheet.) After carefully considering the matter, the Court finds that any disadvantage to Plaintiff is outweighed by the necessity to preserve both the resources of the Court and the integrity of the Debtor Boy Scouts of America's estate. SO ORDERED by Chief Judge Glenn T. Suddaby on 3/9/2020. (sal )
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| Notice of Filing Deficiency re: #12 Motion for Limited Admission Pro Hac Vice of Mitchell Garabedian. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: new signed and dated Attorney Registration Form, new Petition for Admission to Practice in the form published by the Court 12/2019; The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, ) |
| Notice of Filing Deficiency re: #13 Motion for Limited Admission Pro Hac Vice of William H. Gordon. Pursuant to LR 83.1(d), the sponsor and/or applicant MUST provide the following required documents: new signed and dated Attorney Registration Form, new Petition for Admission to Practice in the form published by the Court 12/2019; The corrected documents should be electronically filed with the Court by selecting the 'Supplemental Admission documents' event, which is found under the 'Other Documents' menu. Once all requirements under LR 83.1(d) have been met, the motion will be forwarded to the assigned Magistrate Judge for consideration. (tad, ) |
| Filing 15 NOTICE by SHC-MG-4 Doe re #4 Notice of Admission Requirement, Letter to Clerk re: intent to remain as counsel of record (Breit, Mitchell) |
| Filing 14 NOTICE by SHC-MG-4 Doe re: Plaintiff's Fed. R. Bankr. P. 9027 Statement (Attachments: #1 Certificate of Service)(Breit, Mitchell) |
| Filing 13 MOTION for Limited Admission Pro Hac Vice of William H. Gordon Filing fee $100, receipt number ANYNDC-5053700. filed by SHC-MG-4 Doe. (Attachments: #1 Declaration Declaration of Sponsor Mitchell Breit, #2 Declaration Verified Petition for Admission Pro Hac Vice of William H. Gordon, #3 Exhibit(s) A - Certificate of Good Standing, #4 Proposed Order on Plaintiffs Motion for Pro Hac Vice Admission of William H. Gordon, #5 Certificate of Service) Motions referred to Therese Wiley Dancks. (Breit, Mitchell) |
| Filing 12 MOTION for Limited Admission Pro Hac Vice of Mitchell Garabedian Filing fee $100, receipt number ANYNDC-5053698. filed by SHC-MG-4 Doe. (Attachments: #1 Declaration Declaration of Sponsor Mitchell M. Breit, #2 Declaration Verified Petition for Admission of Mitchell Garabedian, #3 Exhibit(s) A - Certificate of Good Standing, #4 Proposed Order for Admission Pro Hac Vice of Mitchell Garabedian, #5 Certificate of Service) Motions referred to Therese Wiley Dancks. (Breit, Mitchell) |
| Filing 11 NOTICE of Appearance by Mitchell M. Breit on behalf of SHC-MG-4 Doe (Breit, Mitchell) |
| Filing 10 NOTICE by Baden-Powell Council, Inc., Boy Scouts of America, Boy Scouts of America, Susquenango Council, Boy Scouts of America, Inc. NOTICE OF (I) COMMENCEMENT OF ADVERSARY PROCEEDING AND FILING OF MOTION FOR A PRELIMINARY INJUNCTION BY THE BSA, (II) MEETING TO CONSIDER THE FORMATION OF AN OFFICIAL COMMITTEE OF CREDITORS AND (III) FILING OF MOTION BY THE BSA DEBTORS TO FIX VENUE FOR CLAIMS RELATED TO THE BANKRUPTCY UNDER 28 U.S.C. 157(b)(5) AND 1334(b) (Beckwith, Mathew) |
| Filing 9 NOTICE of Appearance by Mathew William Beckwith on behalf of Baden-Powell Council, Inc., Boy Scouts of America, Boy Scouts of America, Susquenango Council, Boy Scouts of America, Inc. (Beckwith, Mathew) |
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Filing 8
TEXT ORDER granting Plaintiff until the end of Monday, March 2, 2020, by which to respond, by letter-brief, to the Non-Debtor Defendants Letter-Motion of 02/26/2020 (Dkt. No. #7 ). SO ORDERED by Chief Judge Glenn T. Suddaby on 2/27/2020. (E-mailed a copy of this text order to Paul Hanley, Esq., plaintiff's counsel) (sal )
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| Filing 7 Letter Motion from Phyliss A. Hafner, Esq. for Baden-Powell Council, Inc., Boy Scouts of America, Boy Scouts of America, Susquenango Council, Boy Scouts of America, Inc. requesting Extension of Time to File Answer submitted to Judge Hon. Glenn T. Suddaby . (Attachments: #1 Proposed Order/Judgment)(Hafner, Phyliss) |
| ***Answer due date updated for Baden-Powell Council, Inc., Boy Scouts of America answer due 2/26/2020; Boy Scouts of America answer due 2/26/2020; Susquenango Council, Boy Scouts of America, Inc. answer due 2/26/2020. (see) |
| Filing 6 NOTICE of Admission Requirement as to Party defendants; Attorney Michael J. Mazurczak and Mathew W. Beckwith. Phone number is 212-541-7236. Admissions due by 3/6/2020. {Mailed to attorneys on 2/21/2020 along with GO25 by regular mail}(see) |
| Filing 5 NOTICE of Admission Requirement as to Party plaintiffs; Attorney Mitchell Garabedian and William H. Gordon. Phone number is 617-523-6250. Admissions due by 3/6/2020. {Mailed to counsel along with copies of GO25 on 2/21/2020 by regular mail}(see) |
| Filing 4 NOTICE of Admission Requirement as to Party pltfs; Attorneys Paul J. Hanly, Jr., Jayne Conroy, Trent B. Miracle, and Brendan Smith. Phone number is 212-784-6401. Admissions due by 3/6/2020. {Mailed on 2/21/2020 along with copies of GO 25 by regular mail}(see) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 5/11/2020 at 09:30 AM by telephone before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/4/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (see) |
| Filing 2 STATE COURT SUMMONS AND COMPLAINT relating to #1 Notice of Removal. (see) |
| Filing 1 NOTICE OF REMOVAL from New York State Supreme Court, Broome County, case number EFCA 2020000013 (Filing fee $400 receipt number ANYNDC-5033364) filed by Boy Scouts of America. (Attachments: #1 Exhibit(s) A - State Court Summons and Complaint with Jury Demand, #2 State Court Proposed Order to Show Cause with TRO, #3 Affidavit of Plaintiff in Support of Pltf's OTSC for a TRO, #4 Exhibit(s) A to OTSC, #5 Request for Judicial Intervention, #6 Affirmation of Attorney Trent Miracle in Support of OTSC for a TRO, #7 Exhibit(s) A to Miracle Affirmation, #8 Judicial Assignment Notice, #9 State Court Summons for Susquenango Council, Boy Scouts of America, Inc., #10 State Court Summons for Boy Scouts of America, #11 Affidavit of Service as to David A. DeClue, #12 Affidavit of Service as to Susquenango Council, Boy Scouts of America, Inc., #13 Affidavit of Service for Baden-Powell Council Inc., #14 Affidavit of Service as to Boy Scouts of America, #15 Stipulation, #16 Oder to Show Cause with TRO, #17 Certificate of Service, #18 Civil Cover Sheet)(see) |
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