In Re: Lehman Brothers Holdings Inc.
| Lehman Brothers Holdings Inc. |
| Cherry Creek Mortgage Co., Inc., Wintrust Mortgage Corporation, Arlington Capital Mortgage Corporation, Hartland Mortgage Centers, Inc., Loan Simple, Inc., MC Advantage, LLC, Guild Mortgage Company, First Mortgage Corporation, loanDeport.com, LLC, Ross Mortgage Corporation, First National Bank of Omaha, WR Starkey Mortgage, LLP, Sterling National Mortgage Company, Inc., CMG Mortgage, Inc., Residential Home Funding Corp., Gateway Funding Diversified Mortgage Services, L.P., BWC Mortgage Services, PMC Bancorp., PMAC Lending Services, Inc., MegaStar Financial Corp., Security National Mortgage Company, New Fed Mortgage Corp., Approved Funding Corp., Guaranteed Rate, Inc., Oaktree Funding Corp., Bondcorp Realty Services, Inc., Republic State Mortgage Co., Response Mortgage Services, Inc., Broadview Mortgage Corporation, Congressional Bancshares, Inc., imortgage.com, Inc., Sun America Mortgage Company, Suburban Mortgage, Inc., Ditech Financial LLC, Mega Capital Funding, Inc., Windsor Capital Mortgage Corporation and Sierra Pacific Mortgage Co., Inc. |
| 1:2018cv08986 |
| October 1, 2018 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Valerie E Caproni |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 0158 |
| None |
Docket Report
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| Filing 48 NOTICE OF APPEARANCE by George Ehrich Lenz on behalf of Guild Mortgage Company. (Lenz, George) |
Filing 47
ORDER FOR ADMISSION PRO HAC VICE: granting #41 Motion for Tracy L. Henderson to Appear Pro Hac Vice. So Ordered. (Signed by Judge Valerie E. Caproni on 11/28/2018) (js)
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Filing 46
ORDER FOR ADMISSION PRO HAC VICE: granting #43 Motion for George Ehrich Lenz to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 11/28/2018) (js)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #43 MOTION for George Ehrich Lenz to Appear Pro Hac Vice on Behalf of Guild Mortgage Company. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 45 JOINT REPLY MEMORANDUM OF LAW in Support re: #25 JOINT MOTION for Leave to Appeal Bankruptcy Courts Memorandum Decision and Order Denying Motion to Dismiss for Lack of Subject Matter Jurisdiction and Improper Venue. . Document filed by Security National Mortgage Company. (Attachments: #1 Legislative History of 1292(b))(Price, Gifford) |
| Filing 44 JOINT REPLY MEMORANDUM OF LAW in Support re: #25 JOINT MOTION for Leave to Appeal Bankruptcy Courts Memorandum Decision and Order Denying Motion to Dismiss for Lack of Subject Matter Jurisdiction and Improper Venue. . Document filed by Security National Mortgage Company. (Price, Gifford) |
| Filing 43 MOTION for George Ehrich Lenz to Appear Pro Hac Vice on Behalf of Guild Mortgage Company. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Guild Mortgage Company. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Lenz, George) |
| Filing 42 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for George Ehrich Lenz to Appear Pro Hac Vice on behalf of Guild Mortgage Company. Filing fee $ 200.00, receipt number ANYSDC-15957324. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Guild Mortgage Company.(Lenz, George) Modified on 11/27/2018 (wb). |
| Filing 41 MOTION for Tracy L. Henderson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15941141. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Approved Funding Corp., Arlington Capital Mortgage Corporation, BWC Mortgage Services, Bondcorp Realty Services, Inc., Broadview Mortgage Corporation, CMG Mortgage, Inc., Congressional Bancshares, Inc., First Mortgage Corporation, Gateway Funding Diversified Mortgage Services, L.P., Hartland Mortgage Centers, Inc., Loan Simple, Inc., MC Advantage, LLC, Mega Capital Funding, Inc., New Fed Mortgage Corp., Oaktree Funding Corp., Republic State Mortgage Co., Residential Home Funding Corp., Ross Mortgage Corporation, Sterling National Mortgage Company, Inc., Sun America Mortgage Company, WR Starkey Mortgage, LLP, Windsor Capital Mortgage Corporation. (Attachments: #1 Affidavit Declaration (28 U.S.C. 1746) of Tracy L. Henderson, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order)(Henderson, Tracy) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #41 MOTION for Tracy L. Henderson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15941141. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc) |
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Filing 40
ORDER granting in part #39 Letter Motion for Leave to File Excess Pages. This application is granted in part. Appellants may file areply brief of no more than 25 pages. So Ordered. (Signed by Judge Valerie E. Caproni on 11/5/2018) (js)
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| Filing 39 LETTER MOTION for Leave to File Excess Pages (on behalf of all Appellants) addressed to Judge Valerie E. Caproni from Jonathan M. Jenkins dated 11/02/2018. Document filed by Sierra Pacific Mortgage Co., Inc..(Jenkins, Jonathan) |
| Filing 38 NOTICE OF APPEARANCE by Maritza Dominguez Braswell on behalf of Lehman Brothers Holdings Inc.. (Braswell, Maritza) |
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Filing 37
ORDER FOR ADMISSION PRO HAC VICE; granting #36 Motion for Jonathan M. Jenkins to Appear Pro Hac Vice. So Ordered. (Signed by Judge Valerie E. Caproni on 10/24/2018) (js)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #36 AMENDED MOTION for Jonathan M. Jenkins to Appear Pro Hac Vice (Originally Filed at #19 ). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 36 AMENDED MOTION for Jonathan M. Jenkins to Appear Pro Hac Vice (Originally Filed at #19 ). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sierra Pacific Mortgage Co., Inc.. (Attachments: #1 Affidavit Jonathan M. Jenkins, #2 Exhibit Good Standing Cert - Cal. Sup. Crt., #3 Text of Proposed Order)(Jenkins, Jonathan) |
| Filing 35 MEMORANDUM OF LAW in Opposition re: #22 MOTION for Leave to Appeal Bankruptcy Courts Memorandum Decision and Order Denying Motion to Dismiss for Lack of Subject Matter Jurisdiction and Improper Venue., #3 MOTION for Leave to Appeal, #25 JOINT MOTION for Leave to Appeal Bankruptcy Courts Memorandum Decision and Order Denying Motion to Dismiss for Lack of Subject Matter Jurisdiction and Improper Venue., #15 MOTION for Leave to Appeal . Document filed by Lehman Brothers Holdings Inc.. (Lawlor, James) |
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Filing 34
ORDER FOR ADMISSION PRO HAC VICE: granting #30 Motion for Maritza Dominguez Braswell to Appear Pro Hac Vice. So Ordered. (Signed by Judge Valerie E. Caproni on 10/18/2018) (js)
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Filing 33
ORDER granting #32 Letter Motion for Leave to File Excess Pages. Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/18/2018) (rj)
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| Filing 32 LETTER MOTION for Leave to File Excess Pages addressed to Judge Valerie E. Caproni from James N. Lawlor dated October 18, 2018. Document filed by Lehman Brothers Holdings Inc..(Lawlor, James) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #30 MOTION for Maritza Dominguez Braswell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15759432. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 31 NOTICE OF APPEARANCE by Lani A. Adler on behalf of Suburban Mortgage, Inc.. (Adler, Lani) |
| Filing 30 MOTION for Maritza Dominguez Braswell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15759432. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Lehman Brothers Holdings Inc.. (Attachments: #1 Affidavit of Maritza Dominguez Braswell, #2 Exhibit A - Certificates of Good Standing, #3 Text of Proposed Order Proposed Order)(Rollin, Michael) |
| Filing 29 NOTICE OF CHANGE OF ADDRESS by Michael Andrew Rollin on behalf of Lehman Brothers Holdings Inc.. New Address: Fox Rothschild LLP, 101 Park Avenue, 17th Floor, New York, New York, USA 10178, 212-878-7900. (Rollin, Michael) |
| Filing 28 NOTICE OF APPEARANCE by Michael Andrew Rollin on behalf of Lehman Brothers Holdings Inc.. (Rollin, Michael) |
| Filing 27 NOTICE OF APPEARANCE by Gina Lauren Del Tatto on behalf of Guaranteed Rate, Inc.. (Del Tatto, Gina) |
| Filing 26 NOTICE OF APPEARANCE by Gifford W. Price on behalf of Security National Mortgage Company. (Price, Gifford) |
| Filing 25 JOINT MOTION for Leave to Appeal Bankruptcy Courts Memorandum Decision and Order Denying Motion to Dismiss for Lack of Subject Matter Jurisdiction and Improper Venue. Document filed by Ditech Financial LLC, First National Bank of Omaha, Guaranteed Rate, Inc., Guild Mortgage Company, MegaStar Financial Corp., PMAC Lending Services, Inc., PMC Bancorp., Response Mortgage Services, Inc., Security National Mortgage Company, Sierra Pacific Mortgage Co., Inc., Suburban Mortgage, Inc., imortgage.com, Inc., loanDeport.com, LLC.(Valinoti, Jack) |
| Filing 24 JOINT NOTICE OF APPEAL. Document filed by Ditech Financial LLC, First National Bank of Omaha, Guaranteed Rate, Inc., Guild Mortgage Company, MegaStar Financial Corp., PMAC Lending Services, Inc., PMC Bancorp., Response Mortgage Services, Inc., Security National Mortgage Company, Sierra Pacific Mortgage Co., Inc., Suburban Mortgage, Inc., imortgage.com, Inc., loanDeport.com, LLC. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Valinoti, Jack) |
| Filing 23 NOTICE OF APPEARANCE by Jonathan Michael Jenkins on behalf of Sierra Pacific Mortgage Co., Inc.. (Jenkins, Jonathan) |
| Filing 22 MOTION for Leave to Appeal Bankruptcy Courts Memorandum Decision and Order Denying Motion to Dismiss for Lack of Subject Matter Jurisdiction and Improper Venue. Document filed by Approved Funding Corp., Arlington Capital Mortgage Corporation, BWC Mortgage Services, Bondcorp Realty Services, Inc., Broadview Mortgage Corporation, CMG Mortgage, Inc., Congressional Bancshares, Inc., First Mortgage Corporation, Gateway Funding Diversified Mortgage Services, L.P., Hartland Mortgage Centers, Inc., Loan Simple, Inc., MC Advantage, LLC, Mega Capital Funding, Inc., New Fed Mortgage Corp., Oaktree Funding Corp., Republic State Mortgage Co., Residential Home Funding Corp., Ross Mortgage Corporation, Sterling National Mortgage Company, Inc., Sun America Mortgage Company, WR Starkey Mortgage, LLP, Windsor Capital Mortgage Corporation.(Valinoti, Jack) |
| Filing 21 JOINT NOTICE OF APPEAL. Document filed by Approved Funding Corp., Arlington Capital Mortgage Corporation, BWC Mortgage Services, Bondcorp Realty Services, Inc., Broadview Mortgage Corporation, CMG Mortgage, Inc., Congressional Bancshares, Inc., First Mortgage Corporation, Gateway Funding Diversified Mortgage Services, L.P., Hartland Mortgage Centers, Inc., Loan Simple, Inc., MC Advantage, LLC, Mega Capital Funding, Inc., New Fed Mortgage Corp., Oaktree Funding Corp., Republic State Mortgage Co., Residential Home Funding Corp., Ross Mortgage Corporation, Sterling National Mortgage Company, Inc., Sun America Mortgage Company, WR Starkey Mortgage, LLP, Windsor Capital Mortgage Corporation. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Valinoti, Jack) |
| Filing 20 NOTICE OF APPEARANCE by Jack Vincent Valinoti on behalf of Approved Funding Corp., Arlington Capital Mortgage Corporation, BWC Mortgage Services, Bondcorp Realty Services, Inc., Broadview Mortgage Corporation, CMG Mortgage, Inc., Congressional Bancshares, Inc., First Mortgage Corporation, Gateway Funding Diversified Mortgage Services, L.P., Hartland Mortgage Centers, Inc., Loan Simple, Inc., MC Advantage, LLC, Mega Capital Funding, Inc., New Fed Mortgage Corp., Oaktree Funding Corp., Republic State Mortgage Co., Residential Home Funding Corp., Ross Mortgage Corporation, Sterling National Mortgage Company, Inc., Sun America Mortgage Company, WR Starkey Mortgage, LLP, Windsor Capital Mortgage Corporation. (Valinoti, Jack) |
| Filing 19 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jonathan M. Jenkins to Appear Pro Hac Vice for Appellant Sierra Pacific Mortgage Company, Inc.. Filing fee $ 200.00, receipt number ANYSDC-15757420. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sierra Pacific Mortgage Co., Inc.. (Attachments: #1 Affidavit Declaration (28 U.S.C. 1746) of Jonathan M. Jenkins, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order)(Jenkins, Jonathan) Modified on 10/16/2018 (wb). |
| Filing 18 NOTICE OF APPEARANCE by Howard P. Magaliff on behalf of Security National Mortgage Company. (Magaliff, Howard) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #19 MOTION for Jonathan M. Jenkins to Appear Pro Hac Vice for Appellant Sierra Pacific Mortgage Company, Inc.. Filing fee $ 200.00, receipt number ANYSDC-15757420. Motion and supporting papers to be reviewed by Clerk.. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a 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.. (wb) |
| Filing 17 NOTICE OF APPEARANCE by William Andrew Maher on behalf of Lehman Brothers Holdings Inc.. (Maher, William) |
| Filing 16 NOTICE OF APPEARANCE by Adam Michael Bialek on behalf of Lehman Brothers Holdings Inc.. (Bialek, Adam) |
| Filing 15 MOTION for Leave to Appeal Document filed by Ditech Financial LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Venditto, Michael) |
| Filing 14 NOTICE of Appeal from the Bankruptcy Court to the SDNY from the Order of Judge Shelley C. Chapman dated August 13, 2018 (Notice of Appeal from SDNY Case No. 18-CV-9006 (VEC) Pursuant to Consolidation Order Docket # 12) re: #12 Order on Motion to Consolidate Cases,,,,,,,,,,,,,,,,,. Document filed by Ditech Financial LLC. (Attachments: #1 Exhibit 1)(Venditto, Michael) |
| Filing 13 NOTICE OF APPEARANCE by Michael J. Venditto on behalf of Ditech Financial LLC. (Venditto, Michael) |
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Filing 12
ORDER: granting in part (4) Letter Motion to Consolidate Cases; granting in part (5) Letter Motion to Consolidate Cases. WHEREAS LHBI has moved to consolidate all of the above-referenced cases; IT IS HEREBY ORDERED THAT: 1. LHBI's motion for consolidation is granted in part. Case Nos. 18-CV-8986, 18- CV-9006, and 18-CV-9176 are hereby CONSOLIDATED for all purposes onto the docket of Case No. 18-CV-8986. No later than October 16, 2018, the Appellants in Case Nos. 18-CV- 9006 and 18-CV-9176 must resubmit their notices of appeal and motions for leave to appeal on the docket of Case No. 18-CV-8986. By the same date, all parties in Case Nos. 18-CV-9006 and 18-CV-9176 must file notices of appearance in Case No. 18-CV-8986. All parties in Case Nos. 18-CV-8986, 18-CV-9006, and 18-CV-9176 must file all future submissions on the docket of Case No. 18-CV-8986. 2. The Court will not, however, consolidate the above referenced cases with Case No. 18-MC-392; to the extent that LHBI moves to consolidate Case No. 18-MC-392 with the other cases, that motion is denied. 3. No later than October 22, 2018, LHBI must file a single, omnibus brief in response to the motions for leave to appeal that have been filed in Case Nos. 18-CV-8986, 18- CV-9006, and 18-CV-9176. No later than November 26, 2018, the Appellants in these cases must file a single, joint reply brief in support of their motions. 4. All parties are directed to review the undersigned's Individual Practices in Civil Cases, available at http://www.nysd.uscourts.gov/judge/Caproni. 5. The Clerk of Court is directed to DOCKET this order in Case Nos. 18-CV-8986, 18-CV-9006, 18-CV-9176, and 18-MC-392. The Clerk is further directed to CLOSE Case Nos. 18-CV-9006 and 18-CV-9176, and to terminate all open motions therein. 6. LHBI is responsible for distributing copies of this order to all parties in the above-referenced cases. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/11/2018) Filed In Associated Cases: 1:18-cv-08986-VEC, 1:18-cv-09006-VEC, 1:18-cv-09176-VEC (ama)
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| Set/Reset Deadlines: Appellant Reply Brief due by 11/26/2018. Motions due by 10/16/2018. Responses due by 10/22/2018 Associated Cases: 1:18-cv-08986-VEC, 1:18-cv-09006-VEC, 1:18-cv-09176-VEC(ama) |
| CASE ACCEPTED AS RELATED. Create association to 1:18-cv-09006-UA. Notice of Assignment to follow. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge Ronnie Abrams is no longer assigned to the case. (wb) |
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Filing 11
ORDER terminating [28 in 18-MC-392] Letter Motion for Extension of Time to File Response/Reply: If the Appellee requires an extension of time to respond in the case that has not yet been docketed, the Appellee must submit this application to the Part I judge. Given that the case has not yet been docketed or assigned to any Judge, this Court has no power to grant that request. (Signed by Judge Valerie E. Caproni on 10/9/2018) (jwh)
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Filing 10
ORDER granting #8 Letter Motion for Extension of Time to File Response/Reply re #3 MOTION for Leave to Appeal. Appellee shall have an additional two weeks to file its oppositions to the motions for appeal in this case and in case no. l8-cv-8986. The requests to deem these cases related and to consolidate them remain pending. The Clerk of Court is directed to docket this endorsed letter in both case no. 18-cv-8986 and 18-cv-9006. SO ORDERED. (Responses due by 10/22/2018) (Signed by Judge Ronnie Abrams on 10/5/2018) (jca)
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| Filing 9 NOTICE OF APPEARANCE by Paul DeFilippo on behalf of Lehman Brothers Holdings Inc.. (DeFilippo, Paul) |
| Filing 8 LETTER MOTION for Extension of Time to File Response/Reply as to #3 MOTION for Leave to Appeal addressed to Judge Ronnie Abrams from James N. Lawlor dated October 4, 2018. Document filed by Lehman Brothers Holdings Inc..(Lawlor, James) |
| Filing 7 NOTICE OF APPEARANCE by Mara Rose Lieber on behalf of Lehman Brothers Holdings Inc.. (Lieber, Mara) |
| Filing 6 NOTICE OF APPEARANCE by James N Lawlor on behalf of Lehman Brothers Holdings Inc.. (Lawlor, James) |
| Filing 5 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #9 Notice) - NOTICE OF APPEARANCE by Paul DeFilippo on behalf of Lehman Brothers Holdings Inc.. (DeFilippo, Paul) Modified on 10/5/2018 (db). |
| Filing 4 LETTER MOTION to Consolidate Cases 18-cv-09006; 18-mc-000392 addressed to Judge Ronnie Abrams from James N. Lawlor dated October 3, 2018. Document filed by Lehman Brothers Holdings Inc..(Lawlor, James) |
| Filing 3 MOTION for Leave to Appeal Document filed by Cherry Creek Mortgage Co., Inc., Wintrust Mortgage Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(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 13, 2018. Bankruptcy Court Case Numbers: 16-1019A, 08-B-13555 (SCC). Certified copies of file received.Document filed by Wintrust Mortgage Corporation, Cherry Creek Mortgage Co., Inc.. (Attachments: #1 Exhibit 1)(bkar) |
| Case Designated ECF. (bkar) |
| 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. (bkar) |
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