In Re: Residential Capital, LLC
| ResCap Borrower Claims Trust |
| Residential Capital, LLC |
| Karen Michele Rozier |
| 1:2015cv03248 |
| April 24, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Katherine Polk Failla |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 0158 |
| None |
Docket Report
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| Minute Entry The Court's most recent order entered on 4/26/2016,(Doc. #21) was mailed and returned as undeliverable. (Lopez, Jose) |
Filing 21
ORDER: Pro se parties are required to notify the Pro Se Office in writing of any change of address, or to fill out an electronic form (IH-34) updating their contact information. As Ms. Rozier has not done so, the Court does not have any other manner of transmitting the Opinion and Order to her. The Court will nonetheless mail this Order, along with a second copy of the Opinion and Order, to Ms. Rozier's last known address. (Signed by Judge Katherine Polk Failla on 4/26/2016) Copies Mailed By Chambers. (tn)
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| Filing 20 CLERK'S JUDGMENT: That for the reasons stated in the Court's Opinion and Order dated February 22, 2016, the Claims Disallowance Order and the Reconsideration Order are affirmed, and Rozier's appeal from the Orders is denied; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 2/23/2016) (Attachments: #1 Notice of Right to Appeal, #2 Notice of Right to Appeal)(dt) |
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Filing 19
OPINION AND ORDER: For the foregoing reasons, the Claims Disallowance Order and the Reconsideration Order are AFFIRMED, and Rozier's appeal from the Orders is DENIED. The Clerk of the Court is directed to close this case. (Signed by Judge Katherine Polk Failla on 2/22/2016) Copies Mailed By Chambers. (tn)
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| Transmission to Judgments and Orders Clerk. Transmitted re: #19 Opinion and Order, to the Judgments and Orders Clerk. (tn) |
| Filing 18 LETTER addressed to Judge Katherine Polk Failla from Francine Silver dated 10/30/2015 re: Letter in support of Karen Rozier. (kgo) |
| Filing 17 APPELLANT'S REPLY(Brief). Document filed by Karen Michele Rozier. (sc) |
| Filing 16 AFFIDAVIT OF SERVICE of Appellee's Brief, Appellee's Appendix, and Letter to Judge Failla served on Karen Michele Rozier on 7/31/15. Service was made by UPS Overnight Delivery and E-Mail. Document filed by ResCap Borrower Claims Trust. (Rosenbaum, Norman) |
| Filing 15 LETTER addressed to Judge Katherine Polk Failla from Norman S. Rosenbaum dated July 31, 2015 re: Guidance as to Appellee's Appendix (D.E. 14). Document filed by ResCap Borrower Claims Trust.(Rosenbaum, Norman) |
| Filing 14 NOTICE of Appendix of Additional Items to be Included in the Record on Appeal in Connection With Appellee's Brief re: #10 Appellant's Brief, #13 Appellee's Brief. Document filed by ResCap Borrower Claims Trust. (Rosenbaum, Norman) |
| Filing 13 Appellee's BRIEF. Document filed by ResCap Borrower Claims Trust. Appellant Reply Brief due by 8/13/2015. (Rosenbaum, Norman) |
| Filing 10 Appellant's OPENING BRIEF - SUPPLEMENTAL. Document filed by Karen Michele Rozier. Appellee Brief due by 8/6/2015. (Attachments: #1 Main Document, #2 Main Document, #3 Main Document, #4 Main Document, #5 Main Document, #6 Main Document, #7 Main Document, #8 Main Document, #9 Main Document, #10 Main Document, #11 Main Document, #12 Main Document, #13 Main Document, #14 Main Document)(sac) |
| Filing 9 APPELLANT'S OPENING BRIEF. Document filed by Karen Michele Rozier. Appellee Brief due by 7/29/2015. (sc) |
| Filing 8 LETTER from Karen M. Rozier re: APPELLANT'S REQUEST FOR AN EXTENSION OF TME TO FILE OPENING BRIEF. Document filed by Karen Michele Rozier.(sc) |
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Filing 7
ENDORSED LETTER addressed to Clerk from Karen M. Rozier re: Extension of time. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 6/17/2015) Copies Mailed By Chambers. (ajs)
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| Filing 6 NOTICE OF APPEARANCE by Karen Michele Rozier. (ajs) |
| Filing 5 COUNTER DESIGNATION OF BANKRUPTCY RECORD ON APPEAL Document filed by Appellee ResCap Borrower Claims Trust. (bkar) |
| NOTICE OF RECORD OF APPEAL COMPLETION. All Documents from the United States Bankruptcy Court - Southern District of New York have been filed with the U.S.D.C. S.D.N.Y. Record of Appeal is Complete and Available Electronically. Appellant Brief due by 6/18/2015. (bkar) |
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Filing 4
BANKRUPTCY APPEAL SCHEDULING ORDER. The above-captioned bankruptcy appeal has been assigned to me for all purposes. The appeal was docketed in the United States District Court for the Southern District of New York. Rule 8009 of the Federal Rules of Bankruptcy Procedures requires the appellant to file "a designation of the items to be included in the record on appeal and a statement of the issues to be presented" within 14 days after filing of the notice of appeal. The Rule further provides that within 14 days after the service of the appellant's statement, the appellee may file and serve on the appellant a designation of additional items to be included in the record on appeal and, if the appellee has filed a cross-appeal, the appellee as cross appellant shall file and serve a statement of the issues to be presented on the cross appeal and designation of additional items to be included in the record. See also Local Civil Rule 8009-1 (filing requirements for designated items). The filing of appeal briefs is not excused in this case. The briefing schedule and format and length specifications set forth in the applicable provisions of Federal Rules of Bankruptcy Procedure 8015 through 8018 shall govern unless otherwise ordered by the Court. The time limits set forth in Rule 8018 are adopted as the Order of this Court, so that the appellant must serve and file a brief within 30 days after the docketing of notice that the record has been transmitted or is available electronically; the appellee must serve and file a brief within 30 days after service of the appellant's brief; and the appellant may serve and file a reply brief within 14 days after service of the appellee's brief, provided that the reply brief is filed at least 7 days before scheduled argument absent leave from the Court. THE FAILURE TO COMPLY WITH THIS ORDER AND/OR THE TIME LIMITS IN RULES 8002, 8009, OR 8018 WILL RESULT IN DISMISSAL OF THE APPEAL (IN THE CASE OF APPELLANT) OR CONSIDERATION OF THE APPEAL WITHOUT AN APPELLEE'S BRIEF (IN THE CASE OF THE APPELLEE). Counsel are directed to review and comply with the Court's Individual Rules of Practice in Civil Cases (available at the Court's website, http://nysd.uscourts.gov/judge/Failla) to the extent they are not inconsistent with the Federal Rules of Bankruptcy Procedures. The premotion conference requirement under my Individual Practices is waived for any party moving to dismiss an appeal for failure to comply with Rules 8002, 8006, and/or 8009. See In re Christine Charter Lynch, 430 F.3d 600 (2d Cir. 2005) (per curiam). (Signed by Judge Katherine Polk Failla on 5/4/2015) Copies Mailed By Chambers. (rjm)
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| Filing 3 NOTICE OF APPEARANCE by Jordan Aaron Wishnew on behalf of ResCap Borrower Claims Trust. (Wishnew, Jordan) |
| Filing 2 DESIGNATION OF BANKRUPTCY RECORD ON APPEAL re: #1 Bankruptcy Appeal,. Document filed by Appellant Karen Michele Rozier. (bkar) |
| Filing 1 NOTICE OF APPEAL FROM THE BANKRUPTCY COURT TO THE S.D.N.Y. from the Order of Judge Martin Glenn dated April 9, 2015. Bankruptcy Court Case Numbers: 12-B-12020 (MG). Certified copies of file received.Document filed by Karen Michele Rozier.(bkar) |
| Magistrate Judge Michael H. Dolinger is so designated. (bkar) |
| Case Designated ECF. (bkar) |
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