In Re: Lehman Brothers Holdings Inc.
| Arlington Capital mortgage Corporation, First National Bank of Omaha, Loan Simple, Inc., MC Advantage, LLC, Guild Mortgage Company, Republic State Mortgage Co., loanDeport.com, LLC, Ross Mortgage Corporation, Sun American Mortgage Company, Hartland Mortgage Centers, Inc., WR Starkey Mortgage, LLP, Sterling National Mortgage Company, Inc., CMG Mortgage, Inc., SecurityNational Mortgage Company, Gateway Funding Diversified Mortgage Services, L.P., BWC Mortgage Services, PMAC Lending Services, Inc., Bondcorp Realty Services Inc., MegaStar Financial Corp., New Fed Mortgage Corp., Approved Funding Corp., Guaranteed Rate, Inc., Oaktree Funding Corp., Residential Home Funding Corp., Response Mortgage Services, Inc., Broadview Mortgage Corporation, PMC Bancorp, Congressional Bancshares, Inc., imortgage.com, Inc., Suburban Mortgage, Inc., First Mortgage Corporation, Mega Capital Funding, Inc., Windsor Capital Mortgage Corporation and Sierra Pacific Mortgage Co., Inc. |
| Lehman Brothers Holdings Inc. |
| 1:2018cv09176 |
| October 5, 2018 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 0158 |
| None |
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Filing 8
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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| CONSOLIDATED MEMBER CASE: Create association to 1:18-cv-08986-VEC.. (ama) |
| 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) |
| Filing 7 MEMO ENDORSED granting #5 Letter Motion for Extension of Time to File Response/Reply re #4 MOTION for Leave to Appeal. (Responses due by 10/22/2018.) (Signed by Judge Valerie E. Caproni on 10/10/2018) (sac) |
| Filing 6 NOTICE OF APPEARANCE by Mara Rose Lieber on behalf of Lehman Brothers Holdings Inc.. (Lieber, Mara) |
| Filing 5 LETTER MOTION for Extension of Time to File Response/Reply as to #4 MOTION for Leave to Appeal addressed to Judge Valerie E. Caproni from James N. Lawlor dated October 10, 2018. Document filed by Lehman Brothers Holdings Inc..(Lawlor, James) |
| CASE ACCEPTED AS RELATED. Create association to 1:18-mc-00392-VEC. Notice of Assignment to follow. (wb) |
| Magistrate Judge Robert W. Lehrburger 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. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge Unassigned is no longer assigned to the case. (wb) |
| Case Designated ECF. (bkar) |
| BANKRUPTCY APPEAL CASE REFERRED BY ATTORNEY TO Judge Valerie E. Caproni as possibly related to 18-mc-0392. (bkar) |
| Filing 4 MOTION for Leave to Appeal Document filed by Appellants. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(bkar) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 18-mc-0392. Document filed by Appellants.(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 Approved Funding Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B)(bkar) |
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