Irving H. Picard v. Carol Nelson et al
| Irving H. Picard |
| Stanley Nelson and Carol Nelson |
| Bernard L. Madoff Investment Securities LLC |
| SIPC |
| 1:2017cv05163 |
| July 7, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| George B Daniels |
| Bankruptcy Withdrawal |
| 28 U.S.C. § 157 |
| None |
Docket Report
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| Filing 31 MANDATE of USCA (Certified Copy) USCA Case Number 18-2846. The proceedings docketed under 18-2840, 18-2842, and 18-2846 are consolidated for purposes of this order. Petitioners seek writs of mandamus. Upon due consideration, it is hereby ORDERED that the petitions are DENIED because Petitioners have not demonstrated that they lack an adequate, alternative means of obtaining relief, that their right to the writ is clear and indisputable, or that granting the writ is appropriate under the circumstances. See Cheney v. U.S. Dist. Ct. for D.C., 542 U.S. 367, 380-81 (2004). The Court need not decide whether a less onerous standard applies to the present circumstances, because the Petitioners would not be entitled to mandamus relief even under that standard.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 3/13/2019. (nd) |
| Filing 30 STATEMENT OF RELATEDNESS re: that this action be filed as related to 18-cv-9916. Document filed by Irving H. Picard.(Cremona, Nicholas) |
Filing 29
MEMORANDUM DECISION AND ORDER denying #18 Motion for Reconsideration: Defendants' motions for reconsideration of the Order and, in the alternative, certification of an interlocutory appeal pursuant to 1292(b), are DENIED. (ECF No. 20; Picard v. Nelson, No. 17 Civ. 5162 (GBD) (S.D.N.Y. May 29, 2018), ECF No. 17; Picard v. Nelson, No. 17 Civ. 5163 (GBD) (S.D.N.Y. May 29, 2018), ECF No. 18.) The Clerk of Court is directed to close the motions accordingly. (Signed by Judge George B. Daniels on 9/11/2018) (jwh)
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Filing 28
ORDER denying #26 Letter Motion for Leave to File Document: Plaintiffs request for leave to file a sur-reply in response to Defendants' motion for reconsideration, (ECF No. 26), is DENIED. (Signed by Judge George B. Daniels on 7/11/2018) (jwh)
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| Filing 27 LETTER addressed to Judge George B. Daniels from Helen Davis Chaitman dated June 27, 2018 re: withdrawals of objections. Document filed by Carol Nelson, Stanley Nelson.(Chaitman, Helen) |
| Filing 26 LETTER MOTION for Leave to File Sur-Reply addressed to Judge George B. Daniels from Nicholas J. Cremona dated June 20, 2018. Document filed by Irving H. Picard.(Cremona, Nicholas) |
| Filing 25 CERTIFICATE OF SERVICE of Memorandums of Law served on David J. Sheehan and Nathanael S. Kelley on June 19, 2018. Service was made by Mail and Email. Document filed by Carol Nelson, Stanley Nelson. (Chaitman, Helen) |
| Filing 24 REPLY MEMORANDUM OF LAW in Support re: #18 MOTION for Reconsideration re; #16 Order on Motion to Withdraw Bankruptcy Reference, Notice of Motion for Reconsideration and, Alternatively, to Certify an Interlocutory Appeal Pursuant to 28 U.S.C. 1292(b). . Document filed by Carol Nelson, Stanley Nelson. (Chaitman, Helen) |
| Filing 23 DECLARATION of Nicholas J. Cremona in Opposition re: #18 MOTION for Reconsideration re; #16 Order on Motion to Withdraw Bankruptcy Reference, Notice of Motion for Reconsideration and, Alternatively, to Certify an Interlocutory Appeal Pursuant to 28 U.S.C. 1292(b).. Document filed by Irving H. Picard. (Attachments: #1 Exhibit 1-Order Dated December 23, 2008, #2 Exhibit 2-Order Dated March 8, 2010, #3 Exhibit 3-Exhibit A to Trustee's Motion-Description of Net Equity Claimants, #4 Exhibit 4-Objections to Trustee's Determination of Claim)(Cremona, Nicholas) |
| Filing 22 MEMORANDUM OF LAW in Opposition re: #18 MOTION for Reconsideration re; #16 Order on Motion to Withdraw Bankruptcy Reference, Notice of Motion for Reconsideration and, Alternatively, to Certify an Interlocutory Appeal Pursuant to 28 U.S.C. 1292(b). . Document filed by Irving H. Picard. (Cremona, Nicholas) |
| Filing 21 MEMORANDUM OF LAW in Opposition re: #18 MOTION for Reconsideration re; #16 Order on Motion to Withdraw Bankruptcy Reference, Notice of Motion for Reconsideration and, Alternatively, to Certify an Interlocutory Appeal Pursuant to 28 U.S.C. 1292(b). . Document filed by SIPC. (Kelley, Nathanael) |
| Filing 20 LETTER addressed to Judge George B. Daniels from Nicholas J. Cremona dated June 4, 2018 re: Opposition to Motion for Reconsideration and, Alternatively, to Certify an Interlocutory Appeal Pursuant to 28 U.S.C. 1292(b). Document filed by Irving H. Picard.(Cremona, Nicholas) |
| Filing 19 MEMORANDUM OF LAW in Support re: #18 MOTION for Reconsideration re; #16 Order on Motion to Withdraw Bankruptcy Reference, Notice of Motion for Reconsideration and, Alternatively, to Certify an Interlocutory Appeal Pursuant to 28 U.S.C. 1292(b). . Document filed by Carol Nelson, Stanley Nelson. (Chaitman, Helen) |
| Filing 18 MOTION for Reconsideration re; #16 Order on Motion to Withdraw Bankruptcy Reference, Notice of Motion for Reconsideration and, Alternatively, to Certify an Interlocutory Appeal Pursuant to 28 U.S.C. 1292(b). Document filed by Carol Nelson, Stanley Nelson. (Attachments: #1 Text of Proposed Order)(Chaitman, Helen) |
| Filing 17 CLERK'S JUDGMENT re: #16 Order on Motion to Withdraw Bankruptcy Reference in favor of Irving H. Picard against Carol Nelson, Stanley Nelson. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated May 15, 2018, Defendants' motions to withdraw the reference are DENIED. (Signed by Clerk of Court Ruby Krajick on 05/16/2018) (Attachments: #1 Right to Appeal)(km) |
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Filing 16
MEMORANDUM DECISION AND ORDER denying #1 Motion to Withdraw Bankruptcy Reference: Defendants' motions to withdraw the reference are DENIED. The Clerk of Court is directed to close the motions accordingly. (Signed by Judge George B. Daniels on 5/15/2018) (jwh)
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| Transmission to Judgments and Orders Clerk. Transmitted re: #16 Order on Motion to Withdraw Bankruptcy Reference to the Judgments and Orders Clerk. (jwh) |
| Filing 15 REPLY MEMORANDUM OF LAW in Support re: #1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-4377A, 08-1789A (SMB). . Document filed by Carol Nelson, Stanley Nelson. (Attachments: #1 Declaration in Further Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Certificate of Service)(Chaitman, Helen) |
| Filing 14 MEMORANDUM OF LAW in Opposition re: #1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-4377A, 08-1789A (SMB). . Document filed by SIPC. (Kelley, Nathanael) |
| Filing 13 MEMORANDUM OF LAW in Opposition re: #1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-4377A, 08-1789A (SMB). . Document filed by Irving H. Picard. (Cremona, Nicholas) |
| Filing 12 NOTICE OF APPEARANCE by Anat Maytal on behalf of Irving H. Picard. (Maytal, Anat) |
| Filing 11 NOTICE OF APPEARANCE by Nicholas J. Cremona on behalf of Irving H. Picard. (Cremona, Nicholas) |
| Filing 10 NOTICE OF APPEARANCE by David J. Sheehan on behalf of Irving H. Picard. (Sheehan, David) |
| Filing 9 NOTICE OF APPEARANCE by Nathanael Stephen Kelley on behalf of SIPC. (Kelley, Nathanael) |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by SIPC.(Kelley, Nathanael) |
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Filing 7
ORDER: Defendants filed a Motion to Withdraw the Bankruptcy reference on July 7, 2017. Is it hereby ORDERED, that the Trustee's opposition is due on November 1, 2017 and Defendants' reply is due on December 6, 2017. (Set Deadlines/Hearing as to #1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-4377A, 08-1789A (SMB): Responses due by 11/1/2017, Replies due by 12/6/2017.) (Signed by Judge George B. Daniels on 8/16/2017) (jwh) Modified on 9/12/2017 (jwh).
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| NOTICE OF CASE REASSIGNMENT to Judge George B. Daniels. Judge Vernon S. Broderick is no longer assigned to the case. (wb) |
| Filing 6 LETTER addressed to Judge Vernon S. Broderick from Helen Davis Chaitman dated July 25, 2017 re: Three Motions to Withdraw the Reference case relatedness and scheduling. Document filed by Carol Nelson, Stanley Nelson.(Chaitman, Helen) |
| Filing 5 LETTER addressed to Judge Vernon S. Broderick from Nicholas J. Cremona dated July 24, 2017 re: The Three Motions to Withdraw the Reference to the Bankruptcy Court Filed by the Defendants. Document filed by Irving H. Picard. (Attachments: #1 Exhibit A. Scheduling Order, #2 Exhibit B. Trustee's Letter)(Cremona, Nicholas) |
| NOTICE OF CASE REASSIGNMENT to Judge Vernon S. Broderick. Judge Unassigned is no longer assigned to the case. (ma) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (ma) |
| CASE ACCEPTED AS RELATED. Create association to 1:17-cv-05162-VSB. Notice of Assignment to follow. (ma) |
| Filing 4 RESPONSE to Opposing Counsel's Objection to Statement of Relatedness. Document filed by Irving H. Picard. (Cremona, Nicholas) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 17-cv-5162 (VSB). Document filed by Irving H. Picard.(Cremona, Nicholas) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney Nicholas J. Cremona, for non compliance with Local Rule 13 of the Division of Business Among Judges. Attorney must electronically file the Related Case Statement. Use the event type Statement of Relatedness found under the event list Other Documents. (laq) |
| Filing 2 CIVIL COVER SHEET filed. (bkar) |
| Filing 1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-4377A, 08-1789A (SMB).Document filed by Stanley Nelson, Carol Nelson. (Attachments: #1 Memorandum of Law, #2 Proposed Order)(bkar) |
| Case Designated ECF. (bkar) |
| BANKRUPTCY WITHDRAWAL CASE REFERRED BY COURT TO Judge Vernon S. Broderick as possibly related to 17-cv-5162. (bkar) Modified on 7/12/2017 (ad). |
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