In Re: SunEdison, Inc.
Defendant: SunEdison, Inc.
Appellant: Kenneth R. Stewart
Case Number: 1:2017cv04743
Filed: June 22, 2017
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Gregory H Woods
Nature of Suit: Bankruptcy Appeal (801)
Cause of Action: 28 U.S.C. § 0158
Jury Demanded By: None
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Docket Report

This docket was last retrieved on December 22, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 22, 2017 Filing 21 CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Summary Order dated December 21, 2017, and because the bankruptcy Court's factual findings were not clearly erroneous, the Bankruptcy Opinion is affirmed; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 12/22/2017) (Attachments: #1 Right to Appeal)(km)
December 21, 2017 Opinion or Order Filing 20 SUMMARY ORDER: For the reasons stated above, the Bankruptcy Opinion is AFFIRMED. The Clerk of Court is directed to enter judgment accordingly, and to close this case. SO ORDERED. (Signed by Judge Gregory H. Woods on 12/21/2017) (anc)
December 21, 2017 Transmission to Judgments and Orders Clerk. Transmitted re: #20 Order to the Judgments and Orders Clerk. (anc)
December 21, 2017 As per chamber's instructions, mailed a copy of #20 Order to Kenneth R. Stewart 2028 Sandy Lane Irving, TX 75060. (rro)
October 11, 2017 Filing 19 NOTICE OF DEFICIENCY: UNTIMELY RESPONSE TO THE APPELLANT'S BRIEF. Document filed by Kenneth R. Stewart. (sc)
September 26, 2017 Filing 18 AFFIDAVIT OF SERVICE of Brief of Appellees SunEdison, Inc., et al. served on Kenneth R. Stewart on September 25, 2017. Service was made by Mail. Document filed by SunEdison, Inc.. (Oswald, Frank)
September 25, 2017 Filing 17 Appellee's BRIEF. Document filed by SunEdison, Inc.. Appellant Reply Brief due by 10/10/2017. (Oswald, Frank)
September 20, 2017 Filing 16 AFFIDAVIT OF SERVICE of Letter served on Kenneth R. Stewart on September 18, 2017. Service was made by Mail. Document filed by SunEdison, Inc.. (Oswald, Frank)
September 18, 2017 Opinion or Order Filing 15 MEMO ENDORSEMENT on re: #14 Letter filed by SunEdison, Inc. ENDORSEMENT: The Court has accepted the Appellant's late filing, but in doing so, has taken no position regarding its sufficiency or compliance with the Rules. As stated in the Court's August 21, 2017 order, Dkt. No. 9, Appellee's time to file a response brief is measured from the date Appellant filed his brief in this Court. (Signed by Judge Gregory H. Woods on 9/18/2017) (mro)
September 18, 2017 Filing 14 LETTER addressed to Judge Gregory H. Woods from Frank A. Oswald dated September 18, 2017 re: Scheduling Order. Document filed by SunEdison, Inc..(Oswald, Frank)
August 24, 2017 Filing 13 (Appellant's)APPEAL BRIEF. Document filed by Kenneth R. Stewart. Appellee Brief due by 9/25/2017. (Attachments: #1 Exhibit, #2 Exhibit)(sc)
August 23, 2017 Filing 10 AFFIDAVIT OF SERVICE of Memorandum Endorsed Letter served on Kenneth R. Stewart on 8/22/17. Service was made by Certified and Overnight Mail. Document filed by SunEdison, Inc.. (Oswald, Frank)
August 21, 2017 Opinion or Order Filing 9 MEMO ENDORSEMENT on re: #7 LETTER addressed to Judge Gregory H. Woods from Frank A. Oswald dated August 17, 2017 re: Stewart v. SunEdison, Inc. et al., Scheduling Order. Document filed by SunEdison, Inc. ENDORSEMENT: In the Court's July 10, 2017 order, Dkt. No. 4, Appellant was directed to submit any filings in this proceeding through the Pro Se Office for the U.S. District Court for the Southern District of New York, 500 Pearl Street, Room 200, New York, New York 10007. Therefore, to the extent Appellant wishes to file a brief as required by the Court's July 24, 2017 order, Dkt. No 5, he must do so through the Pro Se Office no later than August 23, 2017. As of the date of this Order, the Court has not received a brief filed on this docket in accordance with the Court's orders. The time for Appellees' responsive brief shall begin when Appellant properly files a brief in this Court. Appellees are directed to serve a copy of this order on Appellant and retain proof of service. So ordered. (Signed by Judge Gregory H. Woods on 8/20/2017) (rjm)
August 18, 2017 Filing 8 AFFIDAVIT OF SERVICE of Letter served on Kenneth R. Stewart on 8/17/2017. Service was made by Mail. Document filed by SunEdison, Inc.. (Oswald, Frank)
August 17, 2017 Filing 7 LETTER addressed to Judge Gregory H. Woods from Frank A. Oswald dated August 17, 2017 re: Stewart v. SunEdison, Inc. et al., Scheduling Order. Document filed by SunEdison, Inc..(Oswald, Frank)
August 8, 2017 Received Return Receipt of #6 Order, Set Deadlines, as to Kenneth R. Stewart 2028 Sandy Lane Irving, TX 75060, which was served by Certified Mail #7016 2070 0001 1546 5827. (jgo)
July 25, 2017 Opinion or Order Filing 6 ORDER: Pursuant to Federal Rule of Bankruptcy Procedure 8018, Appellant must file and serve a brief by August 23, 2017. Appellee's brief must be served and filed within 30 days after service of Appellant's brief; Appellant may serve and file a reply brief within 14 days after service of Appellee's brief. The Clerk of Court is directed to mail Appellant a copy of this order by certified mail. SO ORDERED. (Brief due by 8/23/2017.) (Signed by Judge Gregory H. Woods on 7/25/2017) (anc)
July 25, 2017 Mailed a copy of #6 Order, Set Deadlines, to Kenneth R. Stewart 2028 Sandy Lane Irving, TX 75060 by Certified Mail #7016 2070 0001 1546 5827 with Return Receipt Requested. (jgo)
July 25, 2017 Transmission to Docket Assistant Clerk. Transmitted re: #6 Order to the Docket Assistant Clerk for case processing. (anc)
July 24, 2017 Filing 5 DESIGNATION OF BANKRUPTCY RECORD ON APPEAL re: #1 Bankruptcy Appeal,. Document filed by Appellee SunEdison, Inc.. (Ortiz, Kyle)
July 21, 2017 Received Return Receipt of Mail Order by Certified Mail as to Kenneth Stewart, which was served by Certified Mail # 7016 2070 0001 1546 6671, on 7/15/2017. (rro)
July 11, 2017 Mailed a copy of #4 Order to Kenneth R. Stewart, 2028 Sandy Lane Irving, TX 75060 by Certified Mail # 7016 2070 0001 1546 6671 with Return Receipt Requested. (rro)
July 10, 2017 Opinion or Order Filing 4 ORDER: The Court has received Appellant Kenneth R. Stewart's submission in response to the Court's June 23, 2017 order to show cause. Dkt. No. 3. Because Appellant is proceeding pro se, the Court construes a portion of Appellant's submission as his designation of parts of the Bankruptcy Court record for appeal pursuant to Federal Rule of Bankruptcy Procedure 8009. The deadline for Appellee Sun Edison, Inc. to designate additional items to be included in the record is July 24, 2017. Appellant is advised that, to the extent he continues to proceed pro se, all future filings in this proceeding must be submitted through the Pro Se Office for the U.S. District Court for the Southern District of New York, 500 Pearl Street, Room 200, New York, New York 10007. The Clerk of Court is directed to mail Appellant a copy of this order by certified mail. (Signed by Judge Gregory H. Woods on 7/10/2017) (mro)
July 10, 2017 Transmission to Docket Assistant Clerk. Transmitted re: #4 Order, to the Docket Assistant Clerk for case processing. (mro)
July 6, 2017 Received Return Receipt of #2 Order to Show Cause, as to Kenneth R. Stewart 2028 Sandy Lane Irving, TX 75060, which was served by Certified Mail #7002 2030 0003 8674 9090, on 7/1/2017. (jgo)
July 5, 2017 Filing 3 RESPONSE TO ORDER TO SHOW CAUSE (MOTION FOR NON-DISMISSAL) re: #2 Order to Show Cause. Document filed by Kenneth R. Stewart. (rjm)
June 26, 2017 Mailed a copy of #2 Order to Show Cause, to Kenneth R. Stewart 2028 Sandy Lane Irving, TX 75060 by Certified Mail #7002 2030 0003 8674 9090 with Return Receipt Requested. (jgo)
June 23, 2017 Opinion or Order Filing 2 ORDER TO SHOW CAUSE: Appellant is hereby ORDERED TO SHOW CAUSE no later than July 5, 2017 as to why this appeal should not be dismissed for failure to comply with Federal Rule of Bankruptcy Procedure 8009(a). The Clerk of Court is directed to mail a copy of this order to Appellant by certified mail. SO ORDERED. (Signed by Judge Gregory H. Woods on 6/23/2017) (anc)
June 23, 2017 Transmission to Docket Assistant Clerk. Transmitted re: #2 Order to Show Cause to the Docket Assistant Clerk for case processing. (anc)
June 22, 2017 Filing 1 NOTICE OF APPEAL FROM THE BANKRUPTCY COURT TO THE S.D.N.Y. from the Order of Judge Stuart M. Bernstein dated April 25, 2017. Bankruptcy Court Case Numbers: 16-B-10992 (SMB). Certified copies of file received.Document filed by Kenneth R. Stewart.(bkar)
June 22, 2017 Magistrate Judge Andrew J. Peck is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (bkar)
June 22, 2017 Case Designated ECF. (bkar)

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