In re: Bernard L. Madoff
| Irving H. Picard and Securities Investor Protection Corporation |
| Bernard L. Madoff |
| Roger Peskin, Maureen Ebel and Diane Peskin |
| 1:2009cv08730 |
| October 15, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| John G Koeltl |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 0158 |
| None |
Docket Report
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| Filing 26 MANDATE of USCA (Certified Copy) as to #24 Notice of Appeal filed by Maureen Ebel, Roger Peskin, Diane Peskin USCA Case Number 10-4789. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to Local Rule 42.1. The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 11/02/2011. (tp) |
| Transmission of USCA Mandate/Order to the District Judge re: #26 USCA Mandate.(tp) |
| Filing 25 TRUE COPY ORDER of USCA as to #24 Notice of Appeal filed by Maureen Ebel, Roger Peskin, Diane Peskin USCA Case Number 10-4789....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 08/23/2011. (nd) |
| Filing 24 NOTICE OF APPEAL from #23 Clerk's Judgment, #22 Memorandum & Opinion. Document filed by Maureen Ebel, Diane Peskin, Roger Peskin. Filing fee $ 455.00, receipt number E 921778. (Attachments: #1 Affidavit of Service)(nd) |
| Transmission of Notice of Appeal to the District Judge re: #24 Notice of Appeal. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #3 Designation of Record on Appeal filed by Irving H. Picard, #23 Clerk's Judgment, #24 Notice of Appeal filed by Maureen Ebel, Roger Peskin, Diane Peskin, #1 Bankruptcy Appeal, filed by Maureen Ebel, Roger Peskin, Diane Peskin, #14 Certificate of Service Other filed by Securities Investor Protection Corporation, #15 Appellee's Brief, filed by Irving H. Picard, #19 Certificate of Service Other filed by Maureen Ebel, Roger Peskin, Diane Peskin, #11 MOTION for Josephine Wang and Christopher H. LaRosa to Appear Pro Hac Vice., #8 Appellant's Brief filed by Maureen Ebel, Roger Peskin, Diane Peskin, #17 Certificate of Service Other filed by Maureen Ebel, Roger Peskin, Diane Peskin, #5 Appellant's Brief filed by Maureen Ebel, Roger Peskin, Diane Peskin, #12 Order on Motion to Appear Pro Hac Vice, #20 Notice (Other), Notice (Other), #7 Certificate of Service Other filed by Maureen Ebel, Roger Peskin, Diane Peskin, #10 Endorsed Letter, Set Deadlines,, #6 Endorsed Letter, #4 Order, Set Deadlines,, #22 Memorandum & Opinion, #2 Designation of Record on Appeal filed by Maureen Ebel, Roger Peskin, Diane Peskin, #9 Certificate of Service Other filed by Maureen Ebel, Roger Peskin, Diane Peskin, #18 Reply Memorandum of Law in Oppisition, filed by Maureen Ebel, Roger Peskin, Diane Peskin, #16 Reply Memorandum of Law in Oppisition, filed by Maureen Ebel, Roger Peskin, Diane Peskin, #13 Appellee's Brief filed by Securities Investor Protection Corporation were transmitted to the U.S. Court of Appeals. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #24 Notice of Appeal. (nd) |
| Filing 23 CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum Opinion and Order dated October 23, 2010, the decision of the bankruptcy court is affirmed. (Signed by Clerk of Court Ruby Krajick on 10/27/10) (Attachments: #1 notice of right to appeal)(ml) |
Filing 22
MEMORANDUM AND OPINION AND ORDER: #99609 For the foregoing reasons I the decision of the bankruptcy court is affirmed. (Signed by Judge John G. Koeltl on 10/23/2010) (jpo) Modified on 11/3/2010 (ajc).
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| Transmission to Judgments and Orders Clerk. Transmitted re: #22 Memorandum & Opinion, to the Judgments and Orders Clerk. (jpo) |
| Filing 21 TRANSCRIPT of proceedings held on 9/15/2010 before Judge John G. Koeltl. (jn) |
| Filing 20 NOTICE OF ORAL ARGUMENT. You are directed to appear for oral argument on the pending motion(s), to be held on Wednesday, September 15, 2010 at 2:30 pm in Courtroom 12B, in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. By: Don Fletcher, Courtroom Case Manager, Dated 9/8/10. (djc) Modified on 9/9/2010 (djc). |
| Set/Reset Hearings: Oral Argument set for 9/15/2010 at 02:30 PM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (djc) |
| Filing 19 CERTIFICATE OF SERVICE. Document filed by Diane Peskin, Roger Peskin, Maureen Ebel. (Chaitman, Helen) |
| Filing 18 REPLY MEMORANDUM OF LAW in Opposition re: #15 Appellee's Brief, Plaintiffs/Appellants' Reply Memorandum of Law on Appeal from Bankruptcy Court's Dismissal of Complaint. Document filed by Diane Peskin, Roger Peskin, Maureen Ebel. (Chaitman, Helen) |
| Filing 17 CERTIFICATE OF SERVICE. Document filed by Diane Peskin, Roger Peskin, Maureen Ebel. (Chaitman, Helen) |
| Filing 16 REPLY MEMORANDUM OF LAW in Opposition re: #13 Appellee's Brief Plaintiffs/Appellants' Reply Memorandum of Law on Appeal from Bankruptcy Court's Dismissal of Complaint in Opposition to the Brief of the Securities Investor Protection Corporation. Document filed by Diane Peskin, Roger Peskin, Maureen Ebel. (Chaitman, Helen) |
| Filing 15 Appellee's BRIEF. Document filed by Irving H. Picard. Appellant Reply Brief due by 1/5/2010. (Attachments: #1 Brown Declaration in Support of Appellee Brief, #2 Exhibit A to Brown Declaration, #3 Exhibit B to Brown Declaration, #4 Appendix Certificate of Service)(Sheehan, David) |
| Filing 14 CERTIFICATE OF SERVICE. Document filed by Securities Investor Protection Corporation. (Bell, Kevin) |
| Filing 13 Appellee's BRIEF. Document filed by Securities Investor Protection Corporation. Appellant Reply Brief due by 1/5/2010. (Bell, Kevin) |
| CASHIERS OFFICE REMARK on #11 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 12/11/2009, Receipt Number 708250. (jd) |
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Filing 12
ORDER granting #11 Motion for Christopher H. LaRosa to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 12/18/09) (js)
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| Transmission to Attorney Admissions Clerk. Transmitted re: #12 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (js) |
| Filing 11 MOTION for Josephine Wang and Christopher H. LaRosa to Appear Pro Hac Vice.Document filed by Securities Investor Protection Corporation.(mro) |
| Filing 10 ENDORSED LETTER addressed to Judge John G. Koeltl from David J. Sheehan dated 11/25/09 re: The Trustee requests that he be given additional time to respond. The Trustee respectfully proposes the following briefing schedule: Appellants' brief due by 12/2/09; Response briefs due by 12/23/09; Reply briefs due by 1/8/2010. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge John G. Koeltl on 11/25/09) (tro) |
| Filing 9 CERTIFICATE OF SERVICE of Amended Brief. Document filed by Diane Peskin, Roger Peskin, Maureen Ebel. (Chaitman, Helen) |
| Filing 8 Appellant's BRIEF. Document filed by Diane Peskin, Roger Peskin, Maureen Ebel. Appellee Brief due by 12/21/2009. (Attachments: #1 Exhibit Addendum)(Chaitman, Helen) |
| Filing 7 CERTIFICATE OF SERVICE. Document filed by Diane Peskin, Roger Peskin, Maureen Ebel. (Chaitman, Helen) |
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Filing 6
ENDORSED LETTER addressed to Judge John G. Koeltl from Helen Davis Chaitman dated 11/23/09 re: counsel for plaintiffs request that the Court grant plaintiffs leave to file a slightly over-length brief of 32 pages. ENDORSEMENT: The brief should not exceed 30 pages. Do not use footnotes, font-size or margins to avoid this page limit. So Ordered. (Signed by Judge John G. Koeltl on 11/23/09) (dle)
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| Filing 5 Appellant's BRIEF. Document filed by Diane Peskin, Roger Peskin, Maureen Ebel. Appellee Brief due by 12/11/2009. (Attachments: #1 Appendix Addendum)(Chaitman, Helen) |
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Filing 4
ORDER: It is hereby ordered that: 1) The appellant shall serve and file a brief with any supporting papers by November 23, 2009. 2) Response(s) to the appellant's brief shall be served and filed by December 18, 2009. 3) Any replies to the response(s) shall be served and filed by January 4, 2010. The Court will contact the parties shortly thereafter for oral argument. (Signed by Judge John G. Koeltl on 10/23/2009) (jfe)
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| Mailed letter to the United States Bankruptcy Court - Southern District of New York as notification of filing of Bankruptcy Notice of Appeal (Case Number: 08-01789 (BRL)). with the U.S.D.C. - S.D.N.Y. and the assignment of S.D.N.Y. Case Number: 1:09-cv-8730 (JGK). (ldi) |
| Filing 3 COUNTER DESIGNATION OF BANKRUPTCY RECORD ON APPEAL Document filed by Appellee Irving H. Picard. (bkar) |
| Filing 2 DESIGNATION OF BANKRUPTCY RECORD ON APPEAL re: #1 Bankruptcy Appeal,. Document filed by Appellants Diane Peskin, Roger Peskin, Maureen Ebel. (bkar) |
| Filing 1 NOTICE OF APPEAL FROM THE BANKRUPTCY COURT TO THE S.D.N.Y. from the Order of Judge Burton R. Lifland dated September 11, 2009. Bankruptcy Court Case Numbers: 09-1272A, 08-1789 (BRL). Certified copies of file received.Document filed by Diane Peskin, Roger Peskin, Maureen Ebel. Appellant Brief due by 11/2/2009.(bkar) |
| Case Designated ECF. (bkar) |
| Magistrate Judge Ronald L. Ellis is so designated. (bkar) |
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