S.G.C. v. The Boy Scouts of America et al
| S.G.C. |
| Does 1-5, Boy Scouts of America, Weedsport Central School District Board of Education, Weedsport Central School District, Longhouse Council Inc. and The Boy Scouts of America |
| 5:2020cv00186 |
| 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
RSS Track this Docket
This docket was last retrieved on April 9, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 29 TEXT ORDER: Court has reviewed docket. The 5/7/2020 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 28 NOTICE by Boy Scouts of America, Longhouse Council Inc., The Boy Scouts of America 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 27
TEXT ORDER finding as moot #9 Motion to Dismiss for Failure to State a Claim filed by Defendants Weedsport Central School District and Weedsport Central School District Board of Education in light of the court's approval of partial voluntary dismissal of this action against these Defendants without prejudice. See Dkt. No. #26 . SO ORDERED by Chief Judge Glenn T. Suddaby on 3/13/2020. (sal)
|
|
Filing 26
ORDER approving #25 Notice of Partial Voluntary Dismissal of this action against Defendants Weedsport Central School District and Weedsport Central School District Board of Education without prejudice. Signed by Chief Judge Glenn T. Suddaby on 3/13/2020. (sal )
|
| Filing 25 NOTICE of Voluntary Dismissal PLAINTIFF NOTICE OF PARTIAL DISMISSAL v. DEFENDANTS WEEDSPORT by S.G.C. (LaFave, Cynthia) |
|
Filing 24
ORDER : The Non-Debtor Defendant's 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 Defendant's 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 Defendant 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 )
|
|
Filing 23
TEXT ORDER granting #8 Defendant Longhouse Council Inc.'s Letter-Motion for the reasons stated therein. The opposition of Defendant Weedsport Central School District (Dkt. No. #11 ) is unpersuasive because, regardless of whether the Court grants the Letter-Motion (which was not filed on behalf of Defendant Boy Scouts of America, a party that is entitled to an automatic stay), the Court may decide Defendant Weedsport Central School District's motion to dismiss for failure to state a claim. Moreover, Plaintiff does not object to the relief requested in the Letter-Motion. (Dkt. No. #17 .) After carefully considering the matter the Court finds that 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 )
|
| Filing 22 REPSONSE to the #5 Notice of Admission Requirement. Attorney Michael Finnegan advising the Court he and Attorney Jeffrey Anderson will continue to represent the Plaintiff in this matter. Both attorneys have submitted applications for permanent admission. (pjh) |
| Filing 21 NOTICE by Boy Scouts of America, Longhouse Council Inc., The Boy Scouts of America 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 20 LETTER BRIEF Status of Nationwide Transfer Motion by Longhouse Council Inc.. (Beckwith, Mathew) |
| Filing 19 NOTICE of Appearance by Mathew William Beckwith on behalf of Boy Scouts of America, Longhouse Council Inc., The Boy Scouts of America (Beckwith, Mathew) |
| Filing 18 AFFIDAVIT re #9 MOTION to Dismiss for Failure to State a Claim Amended Certificate of Service by Weedsport Central School District, Weedsport Central School District Board of Education. (Symons, Charles) |
| Filing 17 LETTER BRIEF Response to non-debtor defendant letter-motion of 2/26/20 by S.G.C.. (LaFave, Cynthia) |
| Filing 16 NOTICE by S.G.C. Statement-Bankruptcy Rule 9027(e)(3) (LaFave, Cynthia) |
| Filing 15 DEMAND for Trial by Jury by S.G.C.. (LaFave, Cynthia) |
|
Filing 14
TEXT ORDER directing counsel for Defendant Longhouse Council Inc. to promptly file a letter with the Court advising it if counsel has yet filed, in the U.S. District Court for the District of Delaware, the Nationwide Transfer Motion that it referenced in Paragraphs 4, 6 and 7 of its Notice of Removal (Dkt. No. 1) and, if so, the number of the action in which the motion is pending. If no such motion has been filed, counsel is respectfully requested to advise the Court of approximately when such motion is expected to be filed. SO ORDERED by Chief Judge Glenn T. Suddaby on 3/2/2020. (kee)
|
|
Filing 13
TEXT ORDER granting Plaintiff until the end of FRIDAY, MARCH 13, 2020, by which to file an opposition to Defendant Weedsport Central School District's motion to dismiss for failure to state a claim (Dkt. No. #9 ), and granting Defendant School District until the end of FRIDAY, MARCH 20, 2020, by which to file a reply to that opposition. This motion is taken on submission of the papers and no appearances are required. The Court finds that the automatic stay provisions of 11 U.S.C. 362(a) do not apply to Plaintiff's claims against Defendant School District (a non-debtor), because the disposition of those claims would not appear to have an immediate adverse economic consequence on Defendant Boy Scouts of America's estate. See Queenie, Ltd. V. Nygard Intl, 321 F.3d 282, 287 (2d Cir. 2003) ("The automatic stay can apply to non-debtors, but normally does so only when a claim against the non-debtor will have an immediate adverse economic consequence for the debtor's estate."). SO ORDERED by Chief Judge Glenn T. Suddaby on 3/2/2020. (sal, )
|
| Filing 12 AFFIDAVIT re #11 Response to Motion, Certificate of Service by Weedsport Central School District, Weedsport Central School District Board of Education. (Symons, Charles) |
| Filing 11 RESPONSE to Motion re #8 Letter Motion from Sarah E. Hansen, Esq. for Boy Scouts of America, Longhouse Council Inc., The Boy Scouts of America requesting Extension of Time to File Answer submitted to Judge Hon. Glenn T. Suddaby filed by Weedsport Central School District, Weedsport Central School District Board of Education. (Symons, Charles) |
|
Filing 10
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. #8 ). SO ORDERED by Chief Judge Glenn T. Suddaby on 2/27/2020. (sal )
|
| Filing 9 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 4/2/2020 10:00 AM in Syracuse before Chief Judge Glenn T. Suddaby Response to Motion due by 3/16/2020 Reply to Response to Motion due by 3/23/2020. filed by Weedsport Central School District, Weedsport Central School District Board of Education. (Attachments: #1 Declaration, #2 Exhibit(s) A - Summons and Complaint, #3 Memorandum of Law, #4 Certificate of Service) (Symons, Charles) |
| Filing 8 Letter Motion from Sarah E. Hansen, Esq. for Boy Scouts of America, Longhouse Council Inc., The Boy Scouts of America requesting Extension of Time to File Answer submitted to Judge Hon. Glenn T. Suddaby . (Attachments: #1 Proposed Order/Judgment)(Hansen, Sarah) |
|
Filing 7
TEXT ORDER directing Defendants to promptly redact Plaintiff's name, and replace that name with Plaintiff's initials, in the Notice of Removal and documents attached thereto (Dkt. No. #1 ), and Plaintiff's Complaint (Dkt. No. #2 ), pursuant to General Order #22, and to email those redacted documents directly to the undersigned's Courtroom Deputy at Shelly_Muller@nynd.uscourts.gov. Moreover, the Clerk of the Court is directed to replace Plaintiff's name on the docket sheet with Plaintiff's initials, and to restrict public access to the Notice of Removal and documents attached thereto (Dkt. No. #1 ), and Plaintiff's Complaint (Dkt. No. #2 ), so that those documents may be viewed only by case participants, until such time as those documents have been replaced on the docket with redacted copies. Once the above-described documents have been replaced on the docket with redacted copies, the Clerk may unrestrict access to those documents. Finally, Defendant is directed to redact Plaintiffs name, and replace that name with Plaintiff's initials, in all documents hereafter filed by Defendants in this Court through CM/ECF. SO ORDERED by Chief Judge Glenn T. Suddaby on 2/21/2020. (sal )
|
| Filing 6 NOTICE of Admission Requirement as to Jordan Scott McNamara. Phone number is 315-437-7600. Admissions due by 3/6/2020. {A copy of this Notice was served upon Attorney McNamara via regular mail}(pjh) |
| Filing 5 NOTICE of Admission Requirement as to Attorney Jeffrey R. Anderson and Attorney Michael G. Finnegan. Phone number is: 646-759-2551. Admissions due by 3/6/2020. {A copy of this Notice was served upon both attorneys via regular mail}(pjh) |
| Filing 4 NOTICE of Admission Requirement as to Attorney Michael J. Mazurczak and Attorney Mathew W. Beckwith. Phone Number is 212-541-7236. Email addresses are maz@melicklaw.com and mbeckwith@melicklaw.com. Admissions due by 3/6/2020. {A copy of this Notice was served upon both attorneys via email} (pjh) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Telephone Conference set for 5/7/2020 at 11:30 AM 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 4/30/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (pjh) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
