Guevoura Fund Ltd. v. Robert Francis Xavier Sillerman
Plaintiff: Guevoura Fund Ltd.
Defendant: Robert Francis Xavier Sillerman
Case Number: 1:2018cv09784
Filed: October 24, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: Colleen McMahon
Nature of Suit: Bankruptcy Withdrawal
Cause of Action: 28 U.S.C. § 157
Jury Demanded By: None
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Docket Report

This docket was last retrieved on December 21, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 21, 2018 Opinion or Order Filing 17 ORDER CONSOLIDATING CASES AND SETTING SCHEDULE: These two cases are now consolidated for all purposes. They are on a rocket docket; usual Federal Rules deadlines are hereby suspended, because the non-dischargeability action must be resolved expeditiously so that the SFX/Sillerman bankruptcy can be brought to a conclusion during the 2019 calendar year, if at all possible. A motion for class certification in the Original Action must be filed by January 18, 2019. The named Plaintiff must be deposed by January 18, 2019. Opposition papers to the motion for class certification are due on February 1, 2019. Reply papers are due February 8, 2019. A decision will be rendered by March 1, 2019. Sillerman and the Director Defendants must provide a list of individuals (other than a representative of Guevoura) who they wish to depose no later than January 25, 2019, to accompany the Rule 26 discovery. Defendants may identify no more than 8 such witnesses. They, too, must complete all merits witness depositions by May 17, 2019. All discovery must be completed by June 5, 2019. All in limine motions must be filed by July 26, 2019. Responses to in limine motions must be filed one week later, by August 2, 2019. I do not accept replies on in limine motions. The final pre-trial conference in these matters will be held on August 8, 2019 at 10:00 AM. Proposed voir dire and jury instructions may be handed up at the final pre-trial conference. There will be a total of ten trial days for the selection of a jury and the presentation of evidence. When I am more familiar with the evidence, I will assign time limits. (Deposition due by 6/5/2019. Discovery due by 6/5/2019. Motions due by 7/26/2019. Responses due by 8/2/2019. Replies due by 2/8/2019.) (Signed by Judge Colleen McMahon on 12/21/2018) Filed In Associated Cases: 1:15-cv-07192-CM, 1:18-cv-09784-CM(anc)
December 21, 2018 Opinion or Order Filing 16 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Discovery Supervision and Settlement. Referred to Magistrate Judge Ona T. Wang. (Signed by Judge Colleen McMahon on 12/21/2018) Filed In Associated Cases: 1:15-cv-07192-CM, 1:18-cv-09784-CM(mro)
December 21, 2018 CONSOLIDATED MEMBER CASE: Create association to 1:15-cv-07192-CM. (anc)
December 20, 2018 Minute Entry for proceedings held before Judge Colleen McMahon: Conference held on 12/20/2018. Decision: Conference held. Discovery schedule to be set. Submitted by: Eric Silverberg. (mde)
December 3, 2018 Opinion or Order Filing 15 DECISION AND ORDER GRANTING PLAINTIFF'S MOTION TO WITHDRAW THE REFERENCE granting #1 Motion to Withdraw Bankruptcy Reference. Based on the foregoing, Guevoura's motion to withdraw the reference is GRANTED. The Clerk of Court is respectfully directed to terminate the open motion at Dkt. No. 1. Oral argument on this matter, which is currently scheduled for January 25, 2019 at 11:30 AM, is canceled. Instead, we will hold a scheduling conference on December 20, 2018 at 11:00 A.M. in order to get the motion onto an expedited footing. (Signed by Judge Colleen McMahon on 12/3/2018) (mml)
December 3, 2018 Set/Reset Hearings: Scheduling Conference set for 12/20/2018 at 11:00 AM before Judge Colleen McMahon. (mml)
November 26, 2018 Filing 14 CALENDAR NOTICE: Please take notice that the above captioned matter has been scheduled for a: Oral Argument (Bankruptcy Appeal) set for 1/25/2019 at 11:30 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. Any scheduling difficulties must be brought to the attention of the Court in writing and faxed to Chambers at (212) 805-6326. (Signed by Judge Colleen McMahon on 11/26/2018) (mml)
November 21, 2018 Filing 13 CERTIFICATE OF SERVICE of Securities Plaintiffs' Reply To Sillerman's Objection To Motion To Withdraw The Reference served on Robert Francis Xavier Sillerman on November 20, 2018. Service was made by Mail. Document filed by Guevoura Fund Ltd.. (Etkin, Michael)
November 20, 2018 Filing 12 REPLY to Response to Motion re: #1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 18-1572A, 17-B-13633 (MKV). . Document filed by Guevoura Fund Ltd.. (Etkin, Michael)
November 19, 2018 Filing 11 CERTIFICATE OF SERVICE of Defendant's Objection to Plaintiff's Motion to Withdraw the Reference on November 14, 2018. Service was made by Mail. Document filed by Robert Francis Xavier Sillerman. (Rosen, Sanford)
November 14, 2018 Filing 10 RESPONSE in Opposition to Motion re: #1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 18-1572A, 17-B-13633 (MKV). . Document filed by Robert Francis Xavier Sillerman. (Rosen, Sanford)
November 13, 2018 Filing 9 RESPONSE in Opposition to Motion re: #1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 18-1572A, 17-B-13633 (MKV). . Document filed by Robert Francis Xavier Sillerman. (Rosen, Sanford)
November 9, 2018 Magistrate Judge Ona T. Wang 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)
November 9, 2018 NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (bcu)
November 7, 2018 Opinion or Order Filing 8 STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO MOTION TO WITHDRAW THE REFERENCE: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for Plaintiff Guevoura Fund Ltd., on behalf or itself and all others similarly situated, and Defendant, Robert Francis Xavier Sillerman, that Defendant shall have until November 13, 2018, to respond to Plaintiff's motion to withdraw the reference and Plaintiff shall have until November 20, 2018 to reply to any such response. SO ORDERED. (Set Deadlines/Hearing as to #1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 18-1572A, 17-B-13633 (MKV): Responses due by 11/13/2018, Replies due by 11/20/2018.) (Signed by Judge Colleen McMahon on 11/7/2018) (ne)
November 1, 2018 Filing 7 PROPOSED STIPULATION AND ORDER. Document filed by Robert Francis Xavier Sillerman. (Rosen, Sanford)
October 25, 2018 Filing 6 LETTER addressed to Judge Colleen McMahon from David A.P. Brower dated October 25, 2018 re: Courtesy Copy of Lead Plaintiff's Motion to Withdraw the Reference. Document filed by Guevoura Fund Ltd..(Brower, David)
October 25, 2018 Filing 5 NOTICE OF APPEARANCE by David A.P. Brower on behalf of Guevoura Fund Ltd.. (Brower, David)
October 25, 2018 Filing 4 CERTIFICATE OF SERVICE of Motion to Withdraw Reference served on Defendant Francis Xaiver Sillerman and Defendant's counsel on 10/23/2018. Service was made by Mail. Document filed by Guevoura Fund Ltd.. (Etkin, Michael)
October 25, 2018 CASE ACCEPTED AS RELATED. Create association to 1:15-cv-07192-CM. Notice of Assignment to follow. (bcu)
October 24, 2018 Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 15-cv-7192. Document filed by Guevoura Fund Ltd.(bkar)
October 24, 2018 Filing 2 CIVIL COVER SHEET filed. (bkar)
October 24, 2018 Filing 1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 18-1572A, 17-B-13633 (MKV).Document filed by Guevoura Fund Ltd.(bkar)
October 24, 2018 BANKRUPTCY WITHDRAWAL CASE REFERRED BY ATTORNEY TO Judge Colleen McMahon as possibly related to 15-cv-7192. (bkar)

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Plaintiff: Guevoura Fund Ltd.
Represented By: Gabriel Luis Olivera
Represented By: Michael S. Etkin
Represented By: David A.P. Brower
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Defendant: Robert Francis Xavier Sillerman
Represented By: Sanford Philip Rosen
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