In Re: Bernard L. Madoff Investment Securities LLC
| Bernard L. Madoff Investment Securities LLC |
| Helene Saren-Lawrence and James Lawrence |
| Irving H. Picard |
| 1:2016cv03006 |
| April 22, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Andrew L Carter |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 0158 |
| None |
Docket Report
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| Filing 15 CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated March 29, 2017, the Bankruptcy Court's discovery ruling does not contain a controlling legal issue. More importantly, reversal of the Bankruptcy Court's discovery ruling would not materially advance the termination of the Trustee's efforts to recover the fictitious transfers made by Madoff. The Court finds that Movants have failed to meet their burden of establishing that a 1292(b) interlocutory appeal is warranted. Based on the foregoing reasons, Movants' motion for leave to appeal the Bankruptcy Court's discovery ruling is denied. (Signed by Clerk of Court Ruby Krajick on 3/29/2017) (Attachments: #1 Right to Appeal, #2 Right to Appeal)(km) |
| Transmission to Judgments and Orders Clerk. Transmitted re: #14 Order on Motion for Leave to Appeal to the Judgments and Orders Clerk. (anc) |
Filing 14
ORDER DENYING MOTION FOR LEAVE TO APPEAL: denying #2 Motion for Leave to Appeal. The Bankruptcy Court's discovery ruling does not contain a controlling legal issue. More importantly, reversal of the Bankruptcy Court's discovery ruling would not materially advance the termination of the Trustee's efforts to recover the fictitious transfers made by Madoff. The Court finds that Movants have failed to meet their burden of establishing that a 1292(b) interlocutory appeal is warranted. Based on the foregoing reasons, Movants' motion for leave to appeal the Bankruptcy Court's discovery ruling is DENIED. The Clerk of the Court is directed to terminate ECF No. 2. (Signed by Judge Andrew L. Carter, Jr on 3/27/2017) (ras)
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| Filing 13 LETTER addressed to Judge Andrew L. Carter, Jr. from Nicholas J. Cremona dated February 14, 2017 re: Response to the Letter Dated February 13, 2017 from Helen Davis Chaitman. Document filed by Irving H. Picard.(Cremona, Nicholas) |
| Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Telephone Status Conference held on 2/13/2017. Gregory M. Dexter and Helen Saren-Lawrence for Appellant(s). Amy E. Vanderwal, Edward Jacobs, and Nicholas J. Cremona for Appellee(s). (tdh) |
| Filing 12 LETTER addressed to Judge Andrew L. Carter, Jr. from Helen Davis Chaitman dated February 13, 2017 re: granting appeal inlight of Perlman v. United States, 247 U.S. 7 (1918). Document filed by James Lawrence, Helene Saren-Lawrence.(Chaitman, Helen) |
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Filing 11
ORDER: The Court is in receipt of movant's motion for leave to appeal. The Court will hold a telephone conference in this case on February 13, 2017, at 4:00 pm regarding the outstanding discovery requests. Plaintiff should initiate the call to the Defendants and, once all relevant parties are on the line, should contact the Court at (212) 805-0141 on the date and time specified above. SO ORDERED. (Telephone Conference set for 2/13/2017 at 04:00 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 2/8/2017) (anc)
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| Filing 10 REPLY MEMORANDUM OF LAW in Support re: #2 MOTION for Leave to Appeal and for Stay Pending Appeal. Document filed by James Lawrence, Helene Saren-Lawrence. (Chaitman, Helen) |
| Filing 9 NOTICE OF APPEARANCE by Nicholas J. Cremona on behalf of Irving H. Picard. (Cremona, Nicholas) |
| Filing 8 NOTICE OF APPEARANCE by Amy Elizabeth Vanderwal on behalf of Irving H. Picard. (Vanderwal, Amy) |
| Filing 7 DECLARATION of Amy E. Vanderwal in Opposition re: #2 MOTION for Leave to Appeal. Document filed by Irving H. Picard. (Attachments: #1 Exhibit 1-Transcript of March 23, 2016 Hearing, #2 Exhibit 2-Transcript of April 26, 2016 Hearing)(Vanderwal, Amy) |
| Filing 6 MEMORANDUM OF LAW in Opposition re: #2 MOTION for Leave to Appeal and for Stay Pending Appeal. Document filed by Irving H. Picard. (Sheehan, David) |
| Filing 5 CIVIL COVER SHEET filed. (bkar) |
| Filing 4 MEMORANDUM OF LAW in Support re: #2 MOTION for Leave to Appeal. Document filed by James Lawrence, Helene Saren-Lawrence. (bkar) |
| Filing 3 DECLARATION of HELEN DAVIS CHAITMAN in Support re: #2 MOTION for Leave to Appeal. Document filed by James Lawrence, Helene Saren-Lawrence. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(bkar) |
| Filing 2 MOTION for Leave to Appeal Document filed by James Lawrence, Helene Saren-Lawrence.(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 April 4, 2016. Bankruptcy Court Case Numbers: 10-4898A, 08-1789A (SMB). Certified copies of file received.Document filed by James Lawrence, Helene Saren-Lawrence.(bkar) |
| Magistrate Judge Ronald L. Ellis is so designated. (bkar) |
| Case Designated ECF. (bkar) |
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