In Re: CBI Holding Company, et al v. Bankruptcy Services
| Ernst & Young and Ernst & Young LLP |
| CBI Holding Company, Inc. |
| Bankruptcy Services, Inc. |
| 1:2001cv00131 |
| January 8, 2001 |
| US District Court for the Southern District of New York |
| Bankruptcy Appeal (801) Office |
| Kimba M Wood |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 0158 |
| None |
Docket Report
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Filing 90
OPINION & ORDER #99050, that for the reasons stated above, the Court: (1) GRANTS in part and DENIES in part E&Y's motion for a rehearing; and (2) DENIES E&Y's motion for a stay, without prejudice. (Signed by Judge Kimba M. Wood on 6/7/10) (pl) Modified on 6/16/2010 (ajc).
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| Filing 89 REPLY MEMORANDUM OF LAW in Support re: #81 MOTION for Reconsideration granting a rehearing of Ernst & Young and Ernst Young LLP's appeal from the Bankruptcy Court's Judgment.. Document filed by Ernst & Young, Ernst & Young LLP. (Attachments: #1 Exhibit A Part 1, #2 Exhibit A Part 2, #3 Exhibit A Part 3)(Frey, Andrew) |
| Filing 88 REPLY MEMORANDUM OF LAW in Support re: #83 MOTION to Stay.. Document filed by Ernst & Young, Ernst & Young LLP. (Attachments: #1 Exhibit A, #2 Exhibit B)(Frey, Andrew) |
| Filing 87 OPPOSITION BRIEF re: #81 MOTION for Reconsideration granting a rehearing of Ernst & Young and Ernst Young LLP's appeal from the Bankruptcy Court's Judgment.. Document filed by Bankruptcy Services, Inc..(Wallance, Gregory) |
| Filing 86 MEMORANDUM OF LAW in Opposition re: #83 MOTION to Stay.. Document filed by Bankruptcy Services, Inc.. (Wallance, Gregory) |
| ***DELETED DOCUMENT. Deleted document number #86 Endorsed Letter (Duplicate of #85 ). The document was incorrectly filed in this case. (tro) |
| Filing 85 ENDORSED LETTER addressed to Judge Kimba M. Wood from Gregory J. Wallanee dated 1/13/10 re: that the parties have agreed - subject to the Court's approval- to establish a briefing schedule identical to and concurrent with the briefing schedule for the "Motion for Rehearing." Pursuant to that schedule, BSI's opposition would be due on February 8, 2010, and E&Y's reply would be due on March 1, 2010. ENDORSEMENT: plaintiff's opposition to Defendant's motion to stay is due no later that February 8, 2010. Defendant's reply is due no later than March 1, 2010. (Signed by Judge Kimba M. Wood on 1/15/10) Copies faxed by chambers. (pl) |
| Filing 84 MEMORANDUM OF LAW in Support re: #83 MOTION to Stay.. Document filed by Ernst & Young, Ernst & Young LLP. (Frey, Andrew) |
| Filing 83 MOTION to Stay. Document filed by Ernst & Young, Ernst & Young LLP.(Frey, Andrew) |
| Filing 82 MEMORANDUM OF LAW in Support re: #81 MOTION for Reconsideration granting a rehearing of Ernst & Young and Ernst Young LLP's appeal from the Bankruptcy Court's Judgment.. Document filed by Ernst & Young, Ernst & Young LLP. (Attachments: #1 Exhibit A)(Frey, Andrew) |
| Filing 81 MOTION for Reconsideration granting a rehearing of Ernst & Young and Ernst Young LLP's appeal from the Bankruptcy Court's Judgment. Document filed by Ernst & Young, Ernst & Young LLP.(Frey, Andrew) |
| Filing 80 ENDORSED LETTER addressed to Judge Kimba M. Wood from Andrew L. Frey dated 12/15/09 re: We request that this Court grant an extension of the deadline for filing a motion for rehearing to January 8, 2010... The parties have further agreed, subject to the Court's approval, that BSI's opposition brief should be due on February 8, 2010, and E&Y's reply brief on March 1, 2010. ENDORSEMENT: Defendant may file a motion for rehearing by no later than 1/8/10. Plaintiff may file its response by no later than 2/8/10. Defendants reply is due no later than 3/1/10., (Motion for rehearing due by 1/8/2010., Replies due by 3/1/2010., Responses due by 2/8/2010) (Signed by Judge Kimba M. Wood on 12/16/09) (rjm) |
| Transmission to Docket Assistant Clerk. Transmitted re: #79 Memorandum & Opinion, to the Docket Assistant Clerk for case processing. (rjm) |
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Filing 79
OPINION AND ORDER.#98339 Accordingly, the Court AFFIRMS in part and REVERSES in part the Bankruptcy Court's decision, and REMANDS the case to the Bankruptcy Court for further proceedings in accordance with this opinion. (Signed by Judge Kimba M. Wood on 12/4/09) (rjm) Modified on 12/14/2009 (eef).
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| Appeal Record Returned. Indexed record on Appeal Files USCA Case Number 04-5972-bk(L), 04-6300-bk(XAP), returned from the U.S. Court of Appeals. (nd) |
| Filing 78 Appellant's REPLY BRIEF. Document filed by Ernst & Young, Ernst & Young LLP. (Frey, Andrew) |
| Filing 77 SATISFACTION OF JUDGMENT entered In favor of Ernst & Young Against Bankruptcy Services, Inc., In favor of Bankruptcy Services, Inc. Against Ernst & Young, In favor of Bankruptcy Services, Inc. Against Ernst & Young LLP in the amount of $8,520.69. Judgment satisfied on 1/22/09.. Document filed by Bankruptcy Services, Inc..(pl) |
| Filing 76 MEMORANDUM OF LAW in Opposition to E&Y's Appeal of the Bankruptcy Court's Judgment. Document filed by Bankruptcy Services, Inc.. (Wallance, Gregory) |
| Filing 75 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Epiq Systems Incorporated as Corporate Parent. Document filed by Bankruptcy Services, Inc..(Wallance, Gregory) |
| Filing 74 Costs Taxed as to #59 USCA Mandate,, USCA Case Number 04-5972-bk(L), 04-6300-bk(XAP). in the amount of $8520.69. Docketed as Judgment #09,0046 on 1/14/2009 in favor of Appellant Bankruptcy Services, Inc against Defendants-Appellees Ernst & Young and Ernst & Young LLP. (nd) |
| Filing 73 ENDORSED LETTER addressed to Judge Kimba M. Wood from Andrew L. Frey dated 1/9/2009 re: Requesting that the Court approve a revised schedule in this case which BSI's opposition would be due on January 23 and E & Y's reply brief on February 6. ENDORSEMENT: Extension GRANTED. (Signed by Judge Kimba M. Wood on 1/9/2009) (jpo) |
| Filing 72 SUPPLEMENTAL BRIEF OF APPELLANTS ERNST & YOUNG. Document filed by Ernst & Young, Ernst & Young LLP.(Frey, Andrew) |
| Filing 71 NOTICE OF APPEARANCE by Harry Simeon Davis on behalf of Ernst & Young, Ernst & Young LLP (Davis, Harry) |
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Filing 70
STIPULATION AND ORDER OF WITHDRAWAL OF COUNSEL: Pursuant to Rule 1.4 of the Local Civil Rules of the United States District Court for the Southern District of New York, attorneys Arthur J. Steinberg, a member of King & Spalding LLP, 1185 Avenue of the Americas, New York, New York 10036, and Robert B. Bernstein, a member of Vandenberg & Feliu LLP, 110 East 42nd Street, Suite 1502, New York, New York, 10017, are withdrawing as counsel in this action as attorneys for plaintiff Bankruptcy Services, Inc. Kaye Scholer LLP will continue to represent BSI in connection with this matter, and attorneys Gregory J. Wallance, Richard G. Smoley, Robert Grass, and Elisabeth C. Kann filed Notices of Appearance in this action on November 25, 2008. Attorney Robert B. Bernstein and Arthur Jay Steinberg terminated. (Signed by Judge Kimba M. Wood on 12/16/08) Copies Mailed by Chambers.(db)
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| Filing 69 NOTICE OF APPEARANCE by Andrew L. Frey on behalf of Ernst & Young, Ernst & Young LLP (Frey, Andrew) |
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Filing 68
ORDER: The Court approves the three brief structure proposed by the parties and the lengths for the parties' respective submissions. The parties shall submit their briefs according to the following schedule: Ernst & Young's opening brief due December 19, 2008. Bankruptcy Services, Inc.'s response brief due January 16, 2009. Ernst & Young reply, if any, due January 28, 2009. (Signed by Judge Kimba M. Wood on 12/1/2008) (jpo)
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| Filing 67 ENDORSED LETTER addressed to Judge Kimba M. Wood from Andrew Frey dated 11/25/08 re: Request for a short extension of the time to submit the courtesy copies (of all motion papers deemed relevant to the remaining issues on E&Y's appeal from the bankruptcy court's ruling), until 12/3/08. ENDORSEMENT: Extension Granted. (Signed by Judge Kimba M. Wood on 11/26/08) (cd) |
| Filing 66 NOTICE OF APPEARANCE by Elisabeth Caroline Kann on behalf of Bankruptcy Services, Inc. (Attachments: #1 Certificate of Service)(Kann, Elisabeth) |
| Filing 65 NOTICE OF APPEARANCE by Robert M Grass on behalf of Bankruptcy Services, Inc. (Attachments: #1 Certificate of Service)(Grass, Robert) |
| Filing 64 NOTICE OF APPEARANCE by Richard G. Smolev on behalf of Bankruptcy Services, Inc. (Attachments: #1 Certificate of Service)(Smolev, Richard) |
| Filing 63 NOTICE OF APPEARANCE by Gregory J. Wallance on behalf of Bankruptcy Services, Inc. (Attachments: #1 Certificate of Service)(Wallance, Gregory) |
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Filing 62
ENDORSED LETTER addressed to Judge Kimba M. Wood from Gregory J. Wallance dated 11/20/08 re: Counsel for Plaintiff seek clarification of the Court's Order dated 11/19/08, which vacated the Court's prior order, dated 11/5/08. ENDORSEMENT: By vacating the November 5, 2008 Order, the Court also vacated BSI's leave to file the Motion for Entry of Judgment. BSI's October 24, 2008 request for leave to file the Motion for Entry of Judgment is thus denied without prejudice. BSI may renew its request for leave to file the Motion for Entry of Judgment when the time for such a motion is deemed by the Court to be more reasonable than it is now. SO ORDERED. (Signed by Judge Kimba M. Wood on 11/21/08) (tro)
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Filing 61
ORDER: the Court vacates its November 5, 2008 Order. Instead, the Court orders the parties to submit by November 26, 2008 courtesy copies of the all motion papers deemed relevant to the remaining issues raised on E&Y's appeal from the Bankruptcy Court's ruling. The parties must also submit to the Court by November 26, 2008 a joint letter explaining whether supplemental briefing on the remaining issues on appeal from the Bankruptcy Court's decision is necessary and if so the proposed time frame for that briefing. If the parties disagree as to whether additional briefing is necessary, the parties may submit by November 26, 2008 separate letters indicating the basis for their disagreement. The Court also orders the Clerk of the Court to designate, Bankruptcy Services, Inc. V. Ernst & Young, et al., 01-CIV-0131(KMW), and In re CBI Holding Company, Inc., et al., 94-B-43819 (BRL) for Electronic Case Filing ("ECF"). Counsel for all parties must register to use ECF. SO ORDERED. (Signed by Judge Kimba M. Wood on 11/18/2008) (tve)
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Filing 60
OPINION AND ORDER #96742: For the reasons set forth in this order the Court believes that such a motion would be premature, but the Court will not preclude the filing of such a motion. Therefore, the Court grants leave to file a motion for entry of judgment. If this motion is made, it should be briefed in accordance with the schedule set forth above. (Signed by Judge Kimba M. Wood on 11/6/08) (mme) Modified on 11/12/2008 (mro).
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| Filing 59 MANDATE of USCA (Certified Copy) as to 55 Notice of Cross Appeal filed by Ernst & Young LLP, Ernst & Young, 53 Notice of Appeal, filed by Bankruptcy Services, Inc. USCA Case Number 04-5972-bk(L), 04-6300-bk(XAP). Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED in part, REVERSED IN PART and REMANDED to the District Court for proceedings in accordance with the opinion of this court. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 10/22/2008. (nd) |
| Transmission of USCA Mandate/Order to the District Judge re: #59 USCA Mandate. (nd) |
| Appeal Record Sent to USCA (File). Indexed record on Appeal Files for 55 Notice of Cross Appeal filed by Ernst & Young,, Ernst & Young LLP,, 53 Notice of Appeal, filed by Bankruptcy Services, Inc., USCA Case Number 04-5972, were transmitted to the U.S. Court of Appeals on 11/18/2005 attn. to V. Mathias. (nd, ) |
| Filing 58 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 55 Notice of Cross Appeal filed by Ernst & Young,, Ernst & Young LLP,, 53 Notice of Appeal, filed by Bankruptcy Services, Inc., USCA Case Number 04-5972-bk(L) 04-6300-bk(XAP), 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (pr, ) |
| Filing 57 USCA SCHEDULING ORDER as to 53 Notice of Appeal, filed by Bankruptcy Services, Inc. USCA Case Number 04-5972-bk. Appeal Record due by 12/30/2004. (pr, ) |
| USCA Case Number 04-5972-bk assigned to 53 Notice of Appeal, filed by Bankruptcy Services, Inc.. (pr, ) |
| RESPONSE to Motion re: 56 MOTION for Extension of Time.. Document filed by Bankruptcy Services, Inc..Original document filed in case #96cv7969, document #32. (dle, ) |
| Filing 56 MOTION for Extension of Time to File Correctional Cross-Appeal. Document filed by Ernst & Young, Ernst & Young LLP. (jmi, ) |
| Transmission of Notice of Appeal to the District Judge re: 55 Notice of Cross Appeal. (pr, ) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 55 Notice of Cross Appeal. (pr, ) |
| Filing 55 NOTICE OF CROSS APPEAL from 35 Memorandum & Opinion,,. Document filed by Ernst & Young, Ernst & Young LLP. Filing fee $ 255.00, receipt number E 527466. Copies of Notice of Cross Appeal mailed to Attorney(s) of Record: JAY STRUM. (pr, ) |
| Filing 54 Objection to Taxation of Costs dated November 4, 2004; Document filed by Bankruptcy Services, Inc.. (djc, ) |
| Transmission of Notice of Appeal to the District Judge re: 53 Notice of Appeal. (tp, ) |
| Filing 53 NOTICE OF APPEAL from 34 Order on Motion for Miscellaneous Relief, 35 Memorandum & Opinion, 51 Order on Motion for Miscellaneous Relief, 52 Clerk's Judgment. Document filed by Bankruptcy Services, Inc. Filing fee $255.00, receipt number E 525431. Copies of Notice of Appeal mailed to Attorney(s) of Record: Mayer, Brown, Rowe & Maw, LLP; Richard F. Broude; Schulte Roth & Zabel. (tp, ) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 53 Notice of Appeal. (tp, ) |
| Mailed notice of Right to Appeal to Attorney(s) of Record: Robert B. Bernstein, Harry Simeon Davis, Andrew L. Frey, Hector Gonzalez, David Michael Hillman, Arthur Jay Steinberg, Jay G Strum. (snu, ) |
| Mailed notice of Right to Appeal re: 52 Clerk's Judgment, to Pro Se Litigant(s): Bankruptcy Services, Inc., CBI Holding Company, Inc., Ernst & Young, Ernst & Young LLP and to Attorney(s) of Record: Robert B. Bernstein, Harry Simeon Davis, Andrew L. Frey, Hector Gonzalez, David Michael Hillman, Arthur Jay Steinberg, Jay G Strum. (jeh, ) |
| Filing 52 CLERK'S JUDGMENT that Ernst & Young's motion for rehearing is granted; Ernst & Young's motion for relief from the supersedeas bond is granted; the judgment entered by the Bankruptcy Court is vacated in full; and final judgment is entered in favor of Ernst & Young. (Signed by J. Michael McMahon, clerk on 10/28/04) (ml, ) |
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Filing 51
ORDER; granting 36 Motion; granting 42 Motion. Vacates in full the judgmnet entered by the Bankruptcy Court. Directs the Clerk of Court to enter final judgment in facor of Ernst & Young. The Clerk of the Court is directed to close this appeal. Any pending motions are moot. (Signed by Judge Kimba M. Wood on 10/21/04) Copies Mailed By Chambers.(sac, )
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| Transmission to Judgments and Orders Clerk. Transmitted re: 51 Order on Motion for Miscellaneous Relief, to the Judgments and Orders Clerk for preparation of Judgment. (sac, ) |
| Filing 50 MEMORANDUM OF LAW in Support of vacating the judgment on the CBI Claims. Document filed by Ernst & Young, Ernst & Young LLP. (dle, ) |
| Filing 49 Reply Brief in further support of motion for rehearing. Document filed by Ernst & Young, Ernst & Young LLP.(dle, ) |
| Filing 48 Reply Brief of Appellee on jury trial question raised by court. Document filed by Bankruptcy Services, Inc..(dle, ) |
| Filing 47 REPLY MEMORANDUM OF LAW in Support of 42 MOTION Authorize termination of the supersedeas bond in whole or in part. Document filed by Ernst & Young, Ernst & Young LLP. (db, ) |
| Filing 46 MEMORANDUM OF LAW in Opposition to 42 MOTION Authorize termination of the supersedeas bond in whole or in part. Document filed by Bankruptcy Services, Inc. (db, ) |
| Filing 45 BRIEF on Jury Trial questions raised by Court.. Document filed by Bankruptcy Services, Inc..(pa, ) |
| Filing 44 SUPPLEMENTAL MEMORANDUM OF LAW in Support of vacating the judgt on the CBI Claims. Document filed by Ernst & Young, Ernst & Young LLP. (pa, ) |
| Filing 43 MEMORANDUM OF LAW in Support re: 42 MOTION Authorize termination of the supersedeas bond in whole or in part.. Document filed by Ernst & Young, Ernst & Young LLP. (ps, ) |
| Filing 42 MOTION Authorizing the termination of the supersedeas bond in whole or in part. Document filed by Ernst & Young, Ernst & Young LLP. (ps, ) |
| Filing 41 Appellee's BRIEF. Document filed by Bankruptcy Services, Inc. Appellant Reply Brief due by 8/9/2004. (cd, ) |
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Filing 40
ENDORSED LETTER addressed to Judge Wood from Andrew L. Frey dated 7/26/2004 re:E and Y and BSI to file and hand- serve initial brief on 8/6/2004 at 5:00pm and file and hand-serve its reply brief on 8/13/2004 at 5:00pm. So Ordered (Signed by Judge Kimba M. Wood on 7/26/2004) (jsa, )
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| Set/Reset Deadlines: Appellant Brief due by 8/6/2004. Appellant Reply Brief due by 8/13/2004. (jsa, ) |
| Filing 39 ENDORSED LETTER addressed to Judge Wood from Jay G. Strum dated 07/19/04 re: granting counsel's request for an extension of time to respond to Appellants' motion to July 30, 2004 and an increase of page limit from 10 to 15 pages; Appellants shall have until August 13, 2004 to submit his reply. (Signed by Judge Kimba M. Wood on 7/16/04) copiey mailed by Chambers.(djc, ) |
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Filing 38
ORDER; On July 8, 2004, Appellants moved for rehearing of appellants' appeal from the judgment of the Bankruptcy Court. Apellee is ordered to respond to Appellants' motion by July 23, 2004. Appellee's response shall be no more than 10 pages. Any reply from Appellants is due July 30, 2004, and shall not exceed five pages; (Signed by Judge Kimba M. Wood on 7/14/04) copies faxed by Chambers.(djc, )
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| Filing 37 BRIEF in support of 36 MOTION granting rehearing of E&Y's appeal from the bankruptcy court's judgment. Document filed by Ernst & Young, Ernst & Young LLP.(jco, ) |
| Filing 36 MOTION for an Order granting rehearing of E&Y's appeal from the bankruptcy court's judgment. Document filed by Ernst & Young, Ernst & Young LLP. (jco, ) |
| Filing 35 MEMORANDUM AND OPINION #90290, the Court reiterates its previous holding that all of the claims in this action are core, and further concludes: (1) that Ernst & Young has a right to a jury trial on TCW's claims as a creditor; (2) that BSI has standing to sue Ernst & Young for negligence and breachof contract on behalfof CBI, and for fraud on behalf of TCW as a creditor; (3) that TCW is not precluded from suing Ernst & Young, as further set forth in this document. The Court therefore vacates the judgment of the bankruptcy court with respect to the claims asserted by BSI on behlaf of TCW in its role as a creditor, as further set forth in this document. (Signed by Judge Kimba M. Wood on 6/26/04) copies sent by chambers.(cd, ) |
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Filing 34
ORDER; finding as moot 22 Motion. The Court thus vacates the bankruptcy court's 6/7/04 order. In light of the foregoing, the conference scheduled for 7/1/04 is hereby adjourned sine die. The Court may order the parties to appear for a conference at a later date on the additional briefing order by the Court in the Opinion and Order issued today is completed. (Signed by Judge Kimba M. Wood on 6/29/04) Copies Mailed and Faxed By Chambers.(sac, )
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| Filing 33 AFFIDAVIT OF SERVICE of Order to Show Cause served on Ms. Frederica German, Managing Atty with kaye Scholer; on 06/14/04. Document filed by Ernst & Young. (djc, ) |
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Filing 32
ORDER TO SHOW CAUSE by Ernst & Young, Ernst & Young LLP for an order pursuant to Fed. R. Bankr. P. 8005 granting a temporary stay of the Bankruptcy Court Order. Show Cause Hearing set for 7/1/2004 09:30 AM before Judge Kimba M. Wood. (Signed by Judge Kimba M. Wood on 6/11/04) Copies Faxed By Chambers.(kw, )
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| Filing 28 SUPPLMENTAL AFFIDAVIT of Sanford I. Weisburst in Support re: 22 MOTION for an Order, pursuant to FRCP 62 and Fed. R. Bankr. P. 8085, terminating the relief granted by the Bankruptcy Court and directed against Appellee Bankruptcy Services, Inc. Document filed by Ernst & Young, Ernst & Young LLP. (sac, ) |
| Filing 31 Appellants' REPLY MEMORANDUM OF LAW in Further Support Of Appellants' Proposed Order To Show Cause Why A Temporary Stay Of The Bankruptcy Court's Order Should Not Be Granted. Document filed by Ernst & Young, Ernst & Young LLP. (jmi, ) |
| Filing 30 REPLY MEMORANDUM OF LAW in Support re: 22 MOTION.. Document filed by Ernst & Young, Ernst & Young LLP. (jmi, ) |
| Filing 29 AFFIDAVIT of Sanford L. Weisburst. Document filed by Ernst & Young, Ernst & Young LLP. (jmi, ) |
| Filing 27 MEMORANDUM OF LAW in Opposition re: 22 MOTION. Document filed by Bankruptcy Services, Inc. (cd, ) |
| Filing 26 AFFIDAVIT of Jay G. Strum. Document filed by Bankruptcy Services, Inc.. (jmi, ) |
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Filing 25
ORDER, that E&Y shall file its motion(s) regarding relief from the Bankruptcy Court's order by 5:00 p.m. on 6/4/04; BSI shall file its opposition papers by 5:00 p.m. on 6/8/04; E&Y shall file its reply to such opposition by 5:00 p.m. on 6/9/04; and BSI shall in no event attempt to execute on the bankruptcy court judgment before 5:00 p.m. on 6/11/04. (Signed by Judge Kimba M. Wood on 6/4/04) Copies Faxed By Chambers.(tp, )
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| Set/Reset Deadlines: Motions due by 6/4/2004. Replies due by 6/9/2004. Responses due by 6/8/2004. (tp, ) |
| Filing 24 MEMORANDUM OF LAW in Support of Appellants Proposed Order to Show Cause why a Temporary Stay of the Bankruptcy COurt's Order should not be Granted to allow the District COurt Adequate Opportunity to dispose of Appellants' Motion for Termination of the Bankruptcy Court's Order requiring Appellants to post additional security. Document filed by Ernst & Young, Ernst & Young LLP. (tp, ) |
| Filing 23 MEMORANDUM OF LAW in Support re: 22 MOTION. Document filed by Ernst & Young, Ernst & Young LLP. (tp, ) |
| Filing 22 MOTION for an Order, pursuant to FRCP 62 and Fed. R. Bankr. P. 8085, terminating the relief granted by the Bankruptcy Court and directed against Appellee Bankruptcy Services, Inc. Affidavits of Mark Altberg and Sanford I. Weisburst are attached. Document filed by Ernst & Young, Ernst & Young LLP. (tp, ) |
| Filing 21 NOTICE of Change of Firm Name by Ernst & Young, Ernst & Young LLP . (yv) |
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Filing 20
ORDER; counsel for appellants has submitted 4 spiral-bound volumes containing portions of the record in this action. In addition, counsel for appellants has submitted a 2nd version of appellants' pleadings which cite referenced materials to the Record Excerpts. Counsel for appellee has requested that the Court ignore these submissions. The Court denies that request . If counsel for appellee would like to submit any additional portions of the record, or if it would like to submit a brief that references the Record Excerpts, it should do so by 2/1/02 . ( signed by Judge Kimba M. Wood ); Copies mailed. (sn)
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| Filing 19 REPLY BRIEF by Ernst & Young, Ernst & Young LLP (djc) |
| Filing 18 BRIEF by Ernst & Young, Ernst & Young LLP (djc) |
| Filing 17 SUMMARY BRIEF by Ernst & Young, Ernst & Young LLP (djc) |
| Filing 16 Appellant's REPLY BRIEF by Ernst & Young, Ernst & Young LLP. (sac) |
| Filing 15 Memo-Endorsement on letter addressed to Judge Wood from Andrew L. Frey, dated 6/28/01; granting counsel for appellant Ernst & Young and Ernst & Young, LLP's request for permission to file a reply brief of no more than 33 pages . ( signed by Judge Kimba M. Wood ); Copies mailed. (jp) |
| Filing 14 Appellee's BRIEF by Bankruptcy Services. (kkc) |
| Filing 13 Memo-Endorsement on letter addressed to Judge Wood from Robert B. Bernstein, dated 5/8/01; granting appellee, Bankruptcy Services' permission to file an answering brief by 6/4/01, not exceeding 100 pages. ( signed by Judge Kimba M. Wood ); Copies mailed. (sac) |
| Filing 12 CORRECTED Appellant's BRIEF by Ernst & Young, Ernst & Young LLP. (rec'd in the night deposit box on 4/4/01 at 7:09 p.m.) (sac) |
| Filing 11 Memo-Endorsement on letter addressed to Judge Wood from Andrew L. Frey, dated 03/26/01; granting counsel to plaintiff's request for leave to file an opening brief not to exceed 100 pages; also proposes to accompany the brief with an "executive summary," not to exceed 25 pages in length ; ( signed by Judge Kimba M. Wood ); Copies mailed. (djc) |
| Filing 10 RULE 1.9 CERTIFICATE filed by Ernst & Young, and Ernst & Young LLP. (kw) |
| Filing 9 Notice of reassignment to Judge Kimba M. Wood . Copy of notice and judge's rules mailed to Attorney(s) of record: Harry S. Davis, David Michael Hillman, Andrew L. Frey, Robert B. Bernstein, Arthur Steinberg, Jay G Strum . (bm) |
| Filing 8 REVISED BRIEFING SCHEDULING FOR APPEAL FROM US BANKRUPTCY COURT FOR THE SDNY, set appellants' opening brief due for 4/2/01 for Ernst & Young LLP, and for Ernst & Young ; set appellees' brief due for 6/4/01 for Bankruptcy Services ; set Appellants' brief due for 7/5/01 for Ernst & Young LLP, and for Ernst & Young . ( signed by Judge Victor Marrero ); Copies mailed. (kw) Modified on 02/23/2001 |
| Filing 7 NOTICE of Change of Address for Schulte Roth & Zabel LLP by Ernst & Young (indicated on the system) (cd) |
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Filing 6
STIPULATION AND ORDER OF BRIEFING SCHEDULE FOR APPEAL FROM U.S.B.C., FOR THE S.D.N.Y.; appellants' opening brief shall be filed and served ( w/ a courtesy copy to Chambrs ) on 3/2/01 ; appellee's opening brief shall be filed and served (w/ a courtesy copy to chambers) on 4/20/01 ; appellants' reply brief shall be filed and served (w/ a courtesy copy to chambers) on 5/15/01 ; oral argument will be heard before the Hon. Victor Marrero, U.S. D.J., in Courtroom 219 of the U.S. Courthouse, 40 Centre Street, New York, New York at a time thereafter to be fixed by the Court ; ( signed by Judge Victor Marrero); copies mailed (lfa)
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| Deadline(s) updated: reset reply brief due for 5/15/01 . (lfa) |
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Filing 5
ORDER, this bankruptcy appeal is before the Court pursuant to 28 USC 158(a). Appellants' notice of appeal was entered on the docket on 1/8/01. The parties are directed to serve and file their briefs in accordance with Bankruptcy Rule 8009 . ( signed by Judge Victor Marrero ); Copies mailed. (kw)
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| Filing 4 Bankruptcy Court Clerks Certificate of Record on Appeal. (db) |
| Filing 3 Appellant's Amended designation of record on appeal. (db) |
| Filing 2 Appellant's designation of record on appeal. (db) |
| Filing 1 Appellant's Notice of Appeal from the Bankruptcy Court to the S.D.N.Y. from the order of Judge Burton R. Lifland dated 11/6/00. (db) |
| Magistrate Judge Ronald L. Ellis is so Designated. (db) |
| Mailed notice to Attorney(s) of record. (db) |
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