In Re: Lehman Brothers Holdings Inc.
| Lehman Brothers Holdings Inc. |
| Deutsche Bank AG |
| 1:2018cv07804 |
| August 27, 2018 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 0158 |
| None |
Docket Report
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| Document Text |
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| Filing 18 DESIGNATION OF RECORD ON APPEAL re: #17 Notice of Appeal,. Document filed by Deutsche Bank AG. (Dorchak, Joshua) |
| USCA Case Number 19-2957 from the U.S.C.A. - 2nd Circ. assigned to #17 Notice of Appeal, filed by Deutsche Bank AG. (nd) |
| Filing 17 NOTICE OF APPEAL from #16 Clerk's Judgment, #15 Memorandum & Opinion,. Document filed by Deutsche Bank AG. Filing fee $ 505.00, receipt number ANYSDC-17599199. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Exhibit A - Opinion and Order and Judgment entered August 16, 2019)(Dorchak, Joshua) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #17 Notice of Appeal,. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #17 Notice of Appeal, filed by Deutsche Bank AG were transmitted to the U.S. Court of Appeals. (nd) |
| Filing 16 CLERK'S JUDGMENT re: #15 Memorandum & Opinion, in favor of Lehman Brothers Holdings Inc. against Deutsche Bank AG. That for the reasons stated in the Court's Opinion & Order dated August 16, 2019, the Order of the Bankruptcy Court is hereby affirmed. (Signed by Clerk of Court Ruby Krajick on 08/16/2019) (ad) Transmission to US Bankruptcy Court-Southern District of New York for processing. |
Filing 15
OPINION AND ORDER: For the reasons set forth above, the order of the Bankruptcy Court is affirmed. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close these two cases. (Signed by Judge Katherine Polk Failla on 8/16/2019) (rj) Transmission to Orders and Judgments Clerk for processing.
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| Filing 14 Appellant's REPLY BRIEF. Document filed by Deutsche Bank AG. (Dorchak, Joshua) |
| Filing 13 Appellee's BRIEF. Document filed by Lehman Brothers Holdings Inc.. Appellant Reply Brief due by 12/28/2018. (Attachments: #1 Appendix Supplemental Appendix of Appellee)(Fail, Garrett) |
| Filing 12 NOTICE of Annex to Appellant's Brief. Document filed by Deutsche Bank AG. (Dorchak, Joshua) |
| Filing 11 NOTICE of Appendix To Appellant's Brief. Document filed by Deutsche Bank AG. (Dorchak, Joshua) |
| Filing 10 Appellant's BRIEF. Document filed by Deutsche Bank AG. Appellee Brief due by 12/10/2018. (Dorchak, Joshua) |
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Filing 9
MEMO ENDORSEMENT on re: (7 in 1:18-cv-07682-KPF) JOINT LETTER MOTION for Extension of Time to File Appeal Briefs addressed to Judge Katherine Polk Failla from Alex R. Rovira dated October 22, 2018. filed by Attestor Capital LLP, (8 in 1:18-cv-07804-KPF) Letter filed by Deutsche Bank AG, ENDORSEMENT: Application GRANTED. The Court adopts the parties' proposed briefing scheduled as outlined above. SO ORDERED.(Appellant Brief due by 11/9/2018, Appellee Brief due by 12/14/2018, Appellant Reply Brief due by 1/11/2019.) (Signed by Judge Katherine Polk Failla on 10/22/2018) (jca) Modified on 10/22/2018 (jca). Modified on 10/22/2018 (jca).
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| Filing 8 LETTER addressed to Judge Katherine Polk Failla from Joshua Dorchak dated October 22, 2018 re: proposed amended briefing schedule. Document filed by Deutsche Bank AG.(Dorchak, Joshua) |
| Filing 7 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 10/26/2018. (Attachments: #1 Record - Part 2)(bkar) |
| Filing 6 COUNTER DESIGNATION OF BANKRUPTCY RECORD ON APPEAL Document filed by Appellee Lehman Brothers Holdings Inc. (bkar) |
| Filing 5 DESIGNATION OF BANKRUPTCY RECORD ON APPEAL re: #1 Bankruptcy Appeal,. Document filed by Appellant Deutsche Bank AG. (bkar) |
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Filing 4
BANKRUPTCY APPEAL SCHEDULING ORDER: The above-captioned bankruptcy appeal filed by Appellant Attestor Capital LLP 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 un-less 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 8/28/2018) (rro)
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| CASE ACCEPTED AS RELATED. Create association to 1:18-cv-07682-KPF. Notice of Assignment to follow. (bcu) |
| NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Unassigned is no longer assigned to the case. (bcu) |
| Magistrate Judge Barbara C. Moses 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. (bcu) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 18-cv-7682. Document filed by Deutsche Bank AG.(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 Shelley C. Chapman dated August 15, 2018. Bankruptcy Court Case Numbers: 08-B-13555 (SCC). Certified copies of file received.Document filed by Deutsche Bank AG. (Attachments: #1 Exhibit A)(bkar) |
| Case Designated ECF. (bkar) |
| BANKRUPTCY APPEAL CASE REFERRED BY ATTORNEY TO Judge Katherine Polk Failla as possibly related to 18-cv-7682. (bkar) |
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| Defendant: Lehman Brothers Holdings Inc. | |
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| Appellant: Deutsche Bank AG | |
| Represented By: | Joshua Dorchak |
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