In Re: Bernard L. Madoff Investment Securities LLC
| Bernard L. Madoff Investment Securities LLC |
| Barbara Picower and Capital Growth Company, Decisions, Inc. |
| Irving H. Picard, Capital Growth Company, The Picower Institute of Medical Research, JMP Limited Partnership, JA Primary Limited Partnership, Favorite Funds, JFM Investment Companies, Decisions, Inc., JEMW Partnership, Jeffry M. Picower Special Company, The Trust F/B/O Gabrielle H. Picower, JLN Partnership, JF Partnership, The Picower Foundation, Jeffry M. Picower, P.C., Barbara Picower, individually and as Executor of the Estate of Jeffry M. Picower, and as Trustee for the Picower Foundation and for the Trust f/b/o Gabrielle H. Picower, JA Special Limited Partnership and JAB Partnership |
| A & G Goldman Partnership and Pamela Goldman |
| 1:2016cv02058 |
| March 21, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Gregory H Woods |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 0158 |
| None |
Docket Report
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| Filing 49 MANDATE of USCA (Certified Copy) as to ( #48 in 1:16-cv-02058-GHW, 32 in 1:16-cv-02065-GHW) Corrected Notice of Appeal filed by Pamela Goldman, A & G Goldman Partnership. USCA Case Number 17-0512-bk. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/19/2018. Filed In Associated Cases: 1:16-cv-02058-GHW, 1:16-cv-02065-GHW(nd) |
| Filing 48 CORRECTED NOTICE OF APPEAL re: (47 in 1:16-cv-02058-GHW) Notice of Appeal, (45 in 1:16-cv-02058-GHW, 30 in 1:16-cv-02065-GHW) Memorandum & Opinion,, (46 in 1:16-cv-02058-GHW) Clerk's Judgment,, (31 in 1:16-cv-02065-GHW) Clerk's Judgment,,. Document filed by A & G Goldman Partnership, Pamela Goldman. Filed In Associated Cases: 1:16-cv-02058-GHW, 1:16-cv-02065-GHW(Huynh, Hanh) |
| Appeal Fee Paid electronically via Pay.gov: for (48 in 1:16-cv-02058-GHW, 32 in 1:16-cv-02065-GHW) Corrected Notice of Appeal. Filing fee $ 505.00. Pay.gov receipt number 0208-13339175, paid on 2/21/2017. Filed In Associated Cases: 1:16-cv-02058-GHW, 1:16-cv-02065-GHW. (tp) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Huynh, Hanh to RE-FILE Document No. #47 Notice of Appeal. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected. Re-file the appeal using the event type Corrected Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (32 in 1:16-cv-02065-GHW, 48 in 1:16-cv-02058-GHW) Corrected Notice of Appeal. Filed In Associated Cases: 1:16-cv-02058-GHW, 1:16-cv-02065-GHW. (tp) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for (32 in 1:16-cv-02065-GHW) Corrected Notice of Appeal, filed by Pamela Goldman, A & G Goldman Partnership were transmitted to the U.S. Court of Appeals. Filed In Associated Cases: 1:16-cv-02058-GHW, 1:16-cv-02065-GHW. (tp) |
| Filing 47 FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF APPEAL. Document filed by A & G Goldman Partnership, Pamela Goldman. Filing fee $ 505.00, receipt number 0208-13339175. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Huynh, Hanh) Modified on 2/22/2017 (tp). |
| Filing 46 CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated January 24, 2017, the Goldman III complaint seeks recovery for alleged wrongs that affected all creditors in the same way and therefore, presses a claim that belongs exclusively to the Trustee. Accordingly, the Permanent Injunction bars Appellants' complaint, and the judgment of the bankruptcy court is affirmed; accordingly, case numbers 16cv2058 and 16cv2065 are closed. (Signed by Clerk of Court Ruby Krajick on 1/25/2017) (Attachments: #1 Right to Appeal, #2 Right to Appeal)(km) |
Filing 45
MEMORANDUM OPINION AND ORDER: The Goldman III complaint seeks recovery for alleged wrongs that affected all creditors in the same way and therefore, presses a claim that belongs exclusively to the Trustee. Accordingly, the Permanent Injunction bars Appellants' complaint, and the judgment of the bankruptcy court is AFFIRMED. The Clerk of Court is directed to terminate these consolidated appeals and to close case numbers 1:16-cv-2058 and 1:16-cv-2065. (As further set forth in this Memorandum Opinion and Order.) (Signed by Judge Gregory H. Woods on 1/24/2017) Filed In Associated Cases: 1:16-cv-02058-GHW, 1:16-cv-02065-GHW(mro)
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| Transmission to Judgments and Orders Clerk. Transmitted re: (30 in 1:16-cv-02065-GHW, 45 in 1:16-cv-02058-GHW) Memorandum & Opinion,,, to the Judgments and Orders Clerk. Filed In Associated Cases: 1:16-cv-02058-GHW, 1:16-cv-02065-GHW(mro) |
| Filing 44 AFFIDAVIT OF SERVICE of Appellants' Reply Brief on Appeal on July 18, 2016. Document filed by A & G Goldman Partnership, Pamela Goldman. (Huynh, Hanh) |
| Filing 43 Appellant's REPLY BRIEF. Document filed by A & G Goldman Partnership, Pamela Goldman. (Huynh, Hanh) |
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Filing 42
MEMO ENDORSEMENT on re: (40 in 1:16-cv-02058-GHW) Letter filed by Pamela Goldman, A & G Goldman Partnership re: Request for one business day extension of time to file appellants' reply brief. ENDORSEMENT: Appellants' request for an extension of time to file a reply brief is granted. Appellants' reply brief is due no later than July 18, 2016. SO ORDERED. (Appellant Reply Brief due by 7/18/2016.) (Signed by Judge Gregory H. Woods on 7/14/2016) Filed In Associated Cases: 1:16-cv-02058-GHW, 1:16-cv-02065-GHW(kko)
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| Filing 41 AFFIDAVIT OF SERVICE of Letter/Request for one business day extension of time to file appellants' reply brief on July 12, 2016. Document filed by A & G Goldman Partnership, Pamela Goldman. (Huynh, Hanh) |
| Filing 40 LETTER addressed to Judge Gregory H. Woods dated July 12, 2016 re: Request for one business day extension of time to file appellants' reply brief. Document filed by A & G Goldman Partnership, Pamela Goldman.(Huynh, Hanh) |
| Filing 39 AFFIDAVIT OF SERVICE of Letter/Request to file a reply brief of up to 24 pages (Docket No. 35) on June 30, 2016. Document filed by A & G Goldman Partnership, Pamela Goldman. (Huynh, Hanh) |
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Filing 38
ORDER granting #34 Motion for Joseph G. Galardi to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
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Filing 37
MEMO ENDORSEMENT on re: (35 in 1:16-cv-02058-GHW) Letter filed by Pamela Goldman, A & G Goldman Partnership. ENDORSEMENT: Appellants' request for leave to file excess pages is granted in part and denied in part. Appellants are granted leave to file a reply brief of up to fifteen pages. Appellants' request that the description associated with Dkt. Nos. 31 and 32 be "revised" to conform to the briefing schedule previously ordered by the Court is granted. The Court notes that such a request is unnecessary; Local Civil Rule 5.2(d) provides that "the Court's actual order... controls," and cautions that parties "should not rely on the description on the docket." Local Civil Rule 5.2(d) (emphasis added). Nonetheless, the Clerk of Court is directed to correct the entries at Dkt. Nos. 31, 32 to indicate that Appellant's reply brief is due by July 15, 2016, rather than July 8, 2016, in accordance with the briefing schedule set forth in the Court's April 25, 2016 order. (Appellant Reply Brief due by 7/15/2016.) (Signed by Judge Gregory H. Woods on 7/1/2016) (cf)
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| Filing 36 LETTER addressed to Judge Gregory H. Woods from Keith R. Murphy dated June 30, 2016 re: Trustee Response to Appellants' Request to File Reply Brief up to 24 Pages. Document filed by Irving H. Picard.(Murphy, Keith) |
| Filing 35 LETTER addressed to Judge Gregory H. Woods dated June 30, 2016 re: Request to file a reply brief of up to 24 pages. Document filed by A & G Goldman Partnership, Pamela Goldman.(Huynh, Hanh) |
| Filing 34 MOTION for Joseph G. Galardi to Appear Pro Hac Vice CORRECTED. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by A & G Goldman Partnership, Pamela Goldman. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order Order for Admission Pro Hac Vice)(Galardi, Joseph) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #34 MOTION for Joseph G. Galardi to Appear Pro Hac Vice CORRECTED. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. (25 in 1:16-cv-02065-GHW, 33 in 1:16-cv-02058-GHW) MOTION for Joseph G. Galardi to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12470864. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Florida; Fee must be paid in civil case 16cv2065 if you have any questions please call 212-805-0136.;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. Filed In Associated Cases: 1:16-cv-02058-GHW, 1:16-cv-02065-GHW(wb) |
| Filing 33 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Joseph G. Galardi to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12470864. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by A & G Goldman Partnership, Pamela Goldman. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order Order for Admission Pro Hac Vice)Filed In Associated Cases: 1:16-cv-02058-GHW, 1:16-cv-02065-GHW(Galardi, Joseph) Modified on 6/28/2016 (wb). |
| Filing 32 Appellee's BRIEF. Document filed by Barbara Picower, individually and as Executor of the Estate of Jeffry M. Picower, and as Trustee for the Picower Foundation and for the Trust f/b/o Gabrielle H. Picower, Capital Growth Company, Decisions, Inc., Favorite Funds, JA Primary Limited Partnership, JA Special Limited Partnership, JAB Partnership, JEMW Partnership, JF Partnership, JFM Investment Companies, JLN Partnership, JMP Limited Partnership, Jeffry M. Picower Special Company, Jeffry M. Picower, P.C., The Picower Foundation, The Picower Institute of Medical Research, The Trust F/B/O Gabrielle H. Picower. Appellant Reply Brief due by 7/8/2016. (Harris, Marcy) |
| Filing 31 Appellee's BRIEF. Document filed by Irving H. Picard. Appellant Reply Brief due by 7/8/2016. (Murphy, Keith) |
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Filing 30
MEMO ENDORSEMENT on re: (28 in 1:16-cv-02058-GHW) Letter, re: requesting the correction of a clerical error for ECF No 26. ENDORSEMENT: The Court understands that when Appellants filed their brief on ECF, Appellants' counsel selected the incorrect due date for Appellees' brief from the ECF menu. The Clerk of Court is directed to correct the entry at Dkt. No. 26 to indicate that Appellees' brief is due by June 24, 2016, rather than June 20, 2016, in accordance with the briefing schedule set forth in the Court's April 25, 2016 order. SO ORDERED. (Signed by Judge Gregory H. Woods on 6/7/2016) Filed In Associated Cases: 1:16-cv-02058-GHW, 1:16-cv-02065-GHW(kko)
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| Filing 29 BRIEF re: #26 Appellant's Brief Corrected Appellants Brief on Appeal. Document filed by A & G Goldman Partnership, Pamela Goldman. (Attachments: #1 Appendix)(Huynh, Hanh) |
| Filing 28 LETTER addressed to Judge Gregory H. Woods from Marcy Ressler Harris dated May 25, 2016 re: requesting the correction of a clerical error for ECF No 26. Document filed by Barbara Picower, individually and as Executor of the Estate of Jeffry M. Picower, and as Trustee for the Picower Foundation and for the Trust f/b/o Gabrielle H. Picower, Capital Growth Company, Decisions, Inc., Favorite Funds, JA Primary Limited Partnership, JA Special Limited Partnership, JAB Partnership, JEMW Partnership, JF Partnership, JFM Investment Companies, JLN Partnership, JMP Limited Partnership, Jeffry M. Picower Special Company, Jeffry M. Picower, P.C., The Picower Foundation, The Picower Institute of Medical Research, The Trust F/B/O Gabrielle H. Picower.(Harris, Marcy) |
| Filing 27 AFFIDAVIT OF SERVICE of Appellants' Brief on Appeal (Docket No. 26). Document filed by A & G Goldman Partnership, Pamela Goldman. (Huynh, Hanh) |
| Filing 26 Appellant's BRIEF. Document filed by A & G Goldman Partnership, Pamela Goldman. Appellee Brief due by 6/24/2016. (Attachments: #1 Appendix)(Huynh, Hanh) Modified on 6/7/2016 (kko). |
| Filing 25 LETTER addressed to Judge Gregory H. Woods from Deborah H. Renner dated May 20, 2016 re: Joint Appendix. Document filed by Irving H. Picard.(Renner, Deborah) |
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Filing 24
ORDER granting in part and denying in part (23) Letter Motion for Leave to File Excess Pages in case 1:16-cv-02058-GHW. Application granted in part and denied in part. Appellees are granted leave to file briefs of up to thirty pages-the same page limitation as Appellants' brief. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 23. (Signed by Judge Gregory H. Woods on 5/19/2016) Filed In Associated Cases: 1:16-cv-02058-GHW, 1:16-cv-02065-GHW (kko)
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| Filing 23 LETTER MOTION for Leave to File Excess Pages addressed to Judge Gregory H. Woods from Deborah H. Renner dated May 19, 2016. Document filed by Irving H. Picard.(Renner, Deborah) |
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Filing 22
MEMO ENDORSEMENT on re: (20 in 1:16-cv-02065-GHW) Letter filed by Pamela Goldman, A & G Goldman Partnership, (20 in 1:16-cv-02058-GHW) Letter filed by Pamela Goldman, A & G Goldman Partnership re: Request to file a brief of up to 30 pages. ENDORSEMENT: Application granted. Appellants are granted leave to file a brief of up to thirty pages. SO ORDERED. (Signed by Judge Gregory H. Woods on 5/19/2016) Filed In Associated Cases: 1:16-cv-02058-GHW, 1:16-cv-02065-GHW(kko)
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Filing 21
ORDER CONSOLIDATING ACTIONS granting (18) Motion to Consolidate Cases 1:16-cv-2058-GHW (as Lead Case) with 1:16-cv-2065-GHW in case 1:16-cv-02058-GHW; granting (18) Motion to Consolidate Cases 1:16-cv-2058-GHW (as Lead Case) with 1:16-cv-2065-GHW in case 1:16-cv-02065-GHW. It is ORDERED that: 1. The Goldman Appeals shall be consolidated for all purposes. 2. All pleadings and papers filed in the Goldman Appeals shall bear the following consolidated caption: (As further set forth in this Order.) 3. 1:16-cv-2058-GHW shall be designated as the "Lead Case," and all pleadings and other papers in the Goldman Appeals shall be docketed in the Lead Case only. 4. The briefing schedule so-ordered by this Court on April 25, 2016 shall remain in effect and is not modified. 5. No party's substantive rights shall be prejudiced by this Order. 6. The Clerk is directed to amend the docket to conform with this Order. The Clerk of Court is further directed to terminate the motion pending at Dkt. No. 18. (Signed by Judge Gregory H. Woods on 5/19/2016) Filed In Associated Cases: 1:16-cv-02058-GHW, 1:16-cv-02065-GHW (kko)
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| Filing 20 LETTER addressed to Judge Gregory H. Woods dated May 18, 2016 re: request to file a brief of up to 30 pages. Document filed by A & G Goldman Partnership, Pamela Goldman.(Huynh, Hanh) |
| Filing 19 MEMORANDUM OF LAW in Support re: #18 MOTION to Consolidate Cases 1:16-cv-2058-GHW and 1:16-cv-2065-GHW . . Document filed by Irving H. Picard. (Murphy, Keith) |
| Filing 18 MOTION to Consolidate Cases 1:16-cv-2058-GHW and 1:16-cv-2065-GHW . Document filed by Irving H. Picard. (Attachments: #1 Text of Proposed Order)(Murphy, Keith) |
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Filing 17
STIPULATION AND ORDER REGARDING BRIEFING SCHEDULE: IT IS HEREBY STIPULATED AND AGREED, by the undersigned counsel for their respective parties, as follows: 1. The deadline for serving and filing the Appellants' Brief shall be May 20, 2016. 2. The deadline for serving and filing the Trustee's Brief and the Picower Parties' Brief shall be June 24, 2016. 3. The deadline for serving and filing Appellants' Reply Brief shall be July 15, 2016. The parties' application for an extended briefing schedule is granted. Appellants' brief must be served and filed no later than May 20, 2016; Appellees' brief must be served and filed no later than June 24, 2016; and Appellants' reply brief, if any, must be served and filed no later than July 15, 2016. SO ORDERED. (Appellant Brief due by 5/20/2016. Appellee Brief due by 6/24/2016. Appellant Reply Brief due by 7/15/2016.) (Signed by Judge Gregory H. Woods on 4/25/2016) (kko)
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| Filing 16 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - LETTER addressed to Judge Gregory H. Woods dated 4/25/2016 re: Stipulation and Order Regarding Briefing Schedule. Document filed by A & G Goldman Partnership, Pamela Goldman.(Huynh, Hanh) Modified on 4/27/2016 (ldi). |
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Filing 15
ORDER: This appeal has been assigned to me for all purposes. Pursuant to Federal Rule of Bankruptcy Procedure 8018, Appellants' brief must be served and filed by May 16, 2016. Appellees' brief must be served and filed within 30 days after service of Appellants' brief, and Appellant may serve and file a reply brief within 14 days after service of Appellees' brief. (Appellant Brief due by 5/16/2016.) (Signed by Judge Gregory H. Woods on 4/18/2016) (kko)
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| NOTICE OF RECORD OF APPEAL AVAILABILITY (COMPLETION). Re: #1 Bankruptcy Appeal,. 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 5/16/2016. (bkar) |
| Filing 14 COUNTER DESIGNATION OF BANKRUPTCY RECORD ON APPEAL Document filed by Appellee Irving H. Picard. (bkar) |
| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Barbara Picower, individually and as Executor of the Estate of Jeffry M. Picower, and as Trustee for the Picower Foundation and for the Trust f/b/o Gabrielle H. Picower, Capital Growth Company, Decisions, Inc., Favorite Funds, JA Primary Limited Partnership, JA Special Limited Partnership, JAB Partnership, JEMW Partnership, JF Partnership, JFM Investment Companies, JLN Partnership, JMP Limited Partnership, Jeffry M. Picower Special Company, Jeffry M. Picower, P.C., The Picower Foundation, The Picower Institute of Medical Research, The Trust F/B/O Gabrielle H. Picower.(Harris, Marcy) |
| Filing 12 STATEMENT OF RELATEDNESS re: that this action be filed as related to 14-cv-6790 (JGK). Document filed by Barbara Picower, individually and as Executor of the Estate of Jeffry M. Picower, and as Trustee for the Picower Foundation and for the Trust f/b/o Gabrielle H. Picower, Capital Growth Company, Decisions, Inc., Favorite Funds, JA Primary Limited Partnership, JA Special Limited Partnership, JAB Partnership, JEMW Partnership, JF Partnership, JFM Investment Companies, JLN Partnership, JMP Limited Partnership, Jeffry M. Picower Special Company, Jeffry M. Picower, P.C., The Picower Foundation, The Picower Institute of Medical Research, The Trust F/B/O Gabrielle H. Picower.(Harris, Marcy) |
| Filing 11 NOTICE OF APPEARANCE by Marcy Ressler Harris on behalf of Capital Growth Company, Decisions, Inc., Favorite Funds, JA Primary Limited Partnership, JA Special Limited Partnership, JAB Partnership, JEMW Partnership, JF Partnership, JFM Investment Companies, JLN Partnership, JMP Limited Partnership, Jeffry M. Picower Special Company, Jeffry M. Picower, P.C., The Picower Foundation, The Picower Institute of Medical Research, The Trust F/B/O Gabrielle H. Picower, Barbara Picower, individually and as Executor of the Estate of Jeffry M. Picower, and as Trustee for the Picower Foundation and for the Trust f/b/o Gabrielle H. Picower. (Harris, Marcy) |
| Filing 10 STATEMENT OF RELATEDNESS re: that this action be filed as related to 14-cv-6790 (JGK). Document filed by Irving H. Picard.(Renner, Deborah) |
| Filing 9 NOTICE OF APPEARANCE by Samuel Mark Light on behalf of Irving H. Picard. (Light, Samuel) |
| Filing 8 NOTICE OF APPEARANCE by Ferve Emine Ozturk on behalf of Irving H. Picard. (Ozturk, Ferve) |
| Filing 7 NOTICE OF APPEARANCE by Amy Elizabeth Vanderwal on behalf of Irving H. Picard. (Vanderwal, Amy) |
| Filing 6 NOTICE OF APPEARANCE by Deborah Hilarie Renner on behalf of Irving H. Picard. (Renner, Deborah) |
| Filing 5 NOTICE OF APPEARANCE by Keith R. Murphy on behalf of Irving H. Picard. (Murphy, Keith) |
| Filing 4 NOTICE OF APPEARANCE by Tracy Lynn Cole on behalf of Irving H. Picard. (Cole, Tracy) |
| Filing 3 DESIGNATION OF BANKRUPTCY RECORD ON APPEAL re: #1 Bankruptcy Appeal,. Document filed by Appellant A & G Goldman Partnership. (bkar) |
| Filing 2 CIVIL COVER SHEET filed. (bkar) |
| Filing 1 NOTICE OF APPEAL FROM THE BANKRUPTCY COURT TO THE S.D.N.Y. from the Order of Judge Stuart M. Bernstein dated February 24, 2016. Bankruptcy Court Case Numbers: 14-2407A, 08-1789A (SMB). Certified copies of file received.Document filed by A & G Goldman Partnership, Pamela Goldman.(bkar) |
| Case Designated ECF. (bkar) |
| Magistrate Judge James C. Francis IV is so designated. (bkar) |
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