Genger v. Genger et al
| Dalia Genger and Orly Genger 1993 Trust |
| Glenclova Investment Company, Arnold Broser, Jane Does, Orly Genger, New TR Equity II, LLC, New TR Equtiy I, LLC, David Broser, John Does, Arie Genger, Trans-Resources, Inc. and TR Investors, LLC |
| Deborah J. Piazza |
| 1:2019cv09365 |
| October 9, 2019 |
| US District Court for the Southern District of New York |
| Alvin K Hellerstein |
| Personal Property: Other |
| 28 U.S.C. § 1452 R&R re motions to remand (non-core) |
| None |
Docket Report
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| USBC CASE NUMBER 20-1188 (JLG)..(gp) |
Filing 28
DUPLICATE ORIGINAL AMENDED STANDING ORDER REFERRING CASE to Bankruptcy Court as related to Bankruptcy Court Case No. 19-13895. Pursuant to 28 U.S.C. Section 157(a) any or all cases under title 11 and any or all proceedings arising under title 11 or arising in or related to a case under title 11 are referred to the bankruptcy judges for this district. (See 1:12-mc-00032 (M-10-468) Order Filed February 1, 2012) (Signed by Judge Loretta A. Preska on 1/31/2012) (gp)
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| Transmission to the Civil Case Openings Clerk. Transmitted re: #27 Stipulation and Order to the Civil Case Openings Clerk for case processing. (mml) |
| Transmission to Office of the Clerk of Court. Transmitted re: #27 Stipulation and Order to the Office of the Clerk of Court for processing. (mml) |
| CASE NOT TRANSFERRED TO WDTX. CASE TRANSFERRED TO USBC-SDNY - CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - Western District of Texas. This case is being transferred to the Western District of Texas to be decided in connection with and decided by the Bankruptcy Court in the WDTX (pursuant to directions from Chambers). (mml) Modified on 6/22/2020 (gp). |
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Filing 27
JOINT STIPULATION AND ORDER CONFIRMING REFERRAL OF REMOVED SURROGATE COURT ACTIONS TO BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK: NOW, upon all pleadings and proceedings heretofore had herein, the parties to this Stipulation, by their respective counsel, agree to the following: 1. The Removed Surrogate Court Actions, including the determination of the pending Remand Motions, shall be referred to the Bankruptcy Court for further determination by the Bankruptcy Court. 2. The Orly Genger Trust disputes that the Removed Surrogate Court Actions arise under Title 11 or arise in or are related to a case under Title 11, and reserves all rights concerning the arguments made in its Remand Motions. The Orly Genger Trust's consent to referral of the Removed Surrogate Court Actions to the Bankruptcy Court who will consider the Remand Motions should not be deemed a waiver of any arguments the Trust may have concerning the Bankruptcy Court's lack of jurisdiction over the Removed Surrogate Court Actions. 3. The Trustee shall have until March 31, 2020 to respond to the Remand Motions. The Orly Genger Trust shall have until April 24, 2020 to reply to any responses received to the Remand Motions, as further set forth in this Order. (Signed by Judge Alvin K. Hellerstein on 2/18/2020) (mml)
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| Set/Reset Deadlines: Responses due by 3/31/2020 Replies due by 4/24/2020. (mml) |
| Filing 26 LETTER addressed to Judge Alvin K. Hellerstein from Rocco A. Cavaliere, Esq. dated 2/14/2020 re: Response to the Court's Order Regulating Proceedings dated February 11, 2020. Document filed by Deborah J. Piazza..(Cavaliere, Rocco) |
| Filing 24 LETTER addressed to Judge Alvin K. Hellerstein from Judith Bachman, Esq. dated February 10, 2020 re: Stipulation for extension of time. Document filed by Dalia Genger..(Bachman, Judith) |
| Filing 23 LETTER addressed to Judge Alvin K. Hellerstein from Rocco A. Cavaliere, Esq. dated February 7, 2020 Document filed by Deborah J. Piazza..(Cavaliere, Rocco) |
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Filing 25
ORDER terminating #22 Letter Motion for Extension of Time. As stated in my Individual Rules, See Rule 2.B, I do not accept letter motions. If the parties wish to transfer the case, they must file a motion or joint stipulation. (Signed by Judge Alvin K. Hellerstein on 2/5/20) (yv)
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| Filing 22 LETTER MOTION for Extension of Time (seeking 3rd 45-day adjournment of opposition and transfer to 19-br-13985, on behalf of newly-appointed Trustee) addressed to Judge Alvin K. Hellerstein from Adam Pollock dated Feb. 5, 2020. Document filed by Orly Genger 1993 Trust..(Pollock, Adam) |
| Filing 21 LETTER addressed to Judge Alvin K. Hellerstein from Adam Pollock dated Dec. 23, 2019 re: correcting the previous letter (dkt. #19). Document filed by Orly Genger 1993 Trust.(Pollock, Adam) |
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Filing 20
ORDER granting #19 Letter Motion for Extension of Time to File Response/Reply. So Ordered. (Signed by Judge Alvin K. Hellerstein on 12/23/19) (yv)
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| Filing 19 LETTER MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Remand to State Court . (seeking 2nd 45-day adjournment of opposition, on behalf of newly-appointed Trustee) addressed to Judge Alvin K. Hellerstein from Adam Pollock dated Dec. 23, 2019. Document filed by Orly Genger 1993 Trust.(Pollock, Adam) |
| Filing 18 NOTICE OF APPEARANCE by Judith Lisa Bachman on behalf of Dalia Genger. (Bachman, Judith) |
| Filing 17 MEMORANDUM OF LAW in Support re: #12 MOTION to Remand to State Court . . Document filed by Dalia Genger. (Bachman, Judith) |
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Filing 16
ORDER granting #14 Letter Motion for Extension of Time to File Response/Reply: So ordered. (Signed by Judge Alvin K. Hellerstein on 11/12/2019) (jwh)
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| Filing 15 LETTER addressed to Judge Alvin K. Hellerstein from Adam Pollock dated Nov. 12, 2019 re: Kasowitz letter of Nov. 12 (ECF No. 14). Document filed by Orly Genger 1993 Trust.(Pollock, Adam) |
| Filing 14 LETTER MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Remand to State Court . addressed to Judge Alvin K. Hellerstein from Michael P. Bowen dated November 12, 2019. Document filed by Orly Genger.(Bowen, Michael) |
| Filing 13 MEMORANDUM OF LAW in Support re: #12 MOTION to Remand to State Court . . Document filed by Orly Genger 1993 Trust. (Pollock, Adam) |
| Filing 12 MOTION to Remand to State Court . Document filed by Orly Genger 1993 Trust.(Pollock, Adam) |
| Filing 11 MEMORANDUM OF LAW in Opposition re: #6 MOTION to Transfer Case . (motion to transfer is moot). Document filed by Orly Genger 1993 Trust. (Pollock, Adam) |
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Filing 10
ORDER granting #9 Letter Motion for Extension of Time to File Response/Reply re #6 MOTION to Transfer Case . So Ordered. (Responses due by 11/6/2019.) (Signed by Judge Alvin K. Hellerstein on 10/24/19) (yv)
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| Filing 9 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #6 MOTION to Transfer Case . to November 6, 2019 addressed to Judge Alvin K. Hellerstein from Adam Pollock dated Oct. 23, 2019. Document filed by Orly Genger 1993 Trust.(Pollock, Adam) |
| Filing 8 NOTICE of Statement pursuant to Rule 9027(e)(3) (corrected) re: #5 Notice (Other). Document filed by Orly Genger 1993 Trust. (Pollock, Adam) |
| Filing 7 MEMORANDUM OF LAW in Support re: #6 MOTION to Transfer Case . . Document filed by Orly Genger. (Bowen, Michael) |
| Filing 6 MOTION to Transfer Case . Document filed by Orly Genger.(Bowen, Michael) |
| Filing 5 NOTICE of Statement pursuant to Rule 9027(e)(3) re: #1 Notice of Removal,,,,,,,,,,,,,,,,,. Document filed by Orly Genger 1993 Trust. (Pollock, Adam) |
| Filing 4 NOTICE of Statement pursuant to Bank. P. 9027(e)(3). Document filed by Dalia Genger. (Attachments: #1 Certificate of Service)(Bachman, Judith) |
| NOTICE OF CASE REASSIGNMENT to Judge Alvin K. Hellerstein. Judge Unassigned is no longer assigned to the case. (wb) |
| CASE ACCEPTED AS RELATED. Create association to 1:19-cv-09319-AKH. Notice of Assignment to follow. (wb) |
| Magistrate Judge Stewart D. Aaron 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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (dnh) |
| Case Designated ECF. (dnh) |
| CASE REFERRED TO Judge Alvin K. Hellerstein as possibly related to 1:19-cv-09319-AKH. (dnh) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 19-cv-9319. Document filed by Orly Genger.(Bowen, Michael) |
| Filing 2 CIVIL COVER SHEET filed. (Bowen, Michael) |
| Filing 1 NOTICE OF REMOVAL from Surrogates Court, County of New York. Case Number: 2008-0017/E. (Filing Fee $ 400.00, Receipt Number ANYSDC-17746345).Document filed by Orly Genger. (Attachments: #1 Exhibit 1 Petition for Turnover of Trust Property and Other Relief (6/14/16), #2 Exhibit 2 Exhibits to Petition for Turnover of Trust Property (6/14/16), #3 Exhibit 3 Attorney Affirmation Amending Caption (6/27/17), #4 Exhibit 4 Attorney Affirmation Amending Caption (12/13/17), #5 Exhibit 5 Affidavit of Service - Trump Group (1/08/18), #6 Exhibit 6 Affidavit of Service - D. Broser (1/23/18), #7 Exhibit 7 Affidavit of Service - O. Genger (1/23/18), #8 Exhibit 8 Affirmation of L. Friedman in Support of Motion to Dismiss By Respondent A. Genger (2/04/18), #9 Exhibit 9 Notice of Motion to Dismiss by Respondent Arie Genger (2/05/18), #10 Exhibit 10 O. Genger Notice of Motion to Dismiss (2/06/18), #11 Exhibit 11 Memo in Support of Respondent O. Genger's Motion to Dismiss (2/06/18), #12 Exhibit 12 Affirmation of M. Bowen in Support of O. Genger's Motion to Dismiss (2/06/18), #13 Exhibit 13 TR Entities' Notice of Motion (2/06/18), #14 Exhibit 14 Memo of Law in Support of TR Entities' Motion to Dismiss (2/06/18), #15 Exhibit 15 Affirmation of M. Hirsch in Support of TR Entities' Motion to Dismiss (2/06/18), #16 Exhibit 16 Broser's Notice of Motion to Dismiss Petition (2/06/18), #17 Exhibit 17 Affirmation in Support of Respondents A. Broser and D. Broser Motion to Dismiss (2/06/18), #18 Exhibit 18 Revised Notice of Motion to Dismiss by Respondent A. Genger (2/06/18), #19 Exhibit 19 Citation (2/06/18), #20 Exhibit 20 Affidavit of Service (2/08/18), #21 Exhibit 21 Notice of Cross-Motion (2/23/18), #22 Exhibit 22 Memo of Law in Opp. to Respondents' Motions to Dismiss and in Support of Petitioner's Cross-Motion (2/23/18), #23 Exhibit 23 Affirmation of J. Bachman in Opposition (2/23/18), #24 Exhibit 24 Reply Memo of Law in Support of O. Genger's Motion to Dismiss (2/26/18), #25 Exhibit 25Reply Memo of Law in Support of TR Entities' Motion to Dismiss (2/26/18), #26 Exhibit 26 Reply Affirmation in Further Support of Broser Respondents' Motion to Dismiss (2/26/18), #27 Exhibit 27Reply Affirmation of L. Friedman in Support of Motion to Dismiss by Respondent A. Genger (2/26/18), #28 Exhibit 28 Supp. Affirmation of J. Bachman in Opposition (2/27/18), #29 Exhibit 30 Amended Petition for Turnover of Trust Property and Other Relief (4/13/18), #30 Exhibit 30 Affirmation of Service of Amended Petition (4/25/18), #31 Exhibit 31 Notice of Motion to Dismiss by Respondent A. Genger (5/04/18), #32 Exhibit 32 Affirmation of L. Friedman in Support of Motion to Dismiss by Respondent A. Genger (5/04/18), #33 Exhibit 33 Notice of Motion to Dismiss Amended Petition - O. Genger (5/07/18), #34 Exhibit 34 Memo of Law in Support of Respondent O. Genger's Motion to Dismiss (5/07/18), #35 Exhibit 35 Affirmation of M. Bowen in Support of O. Genger Motion to Dismiss (5/07/18), #36 Exhibit 36 Notice of Motion to Dismiss - TR Entities' (5/07/18), #37 Exhibit 37 Memo of Law in Support of TR Entities' Motion to Dismiss (5/07/18), #38 Exhibit 38 Affirmation of J. Boyle in Support of the TR Entities' Motion to Dismiss (5/07/18), #39 Exhibit 39 Notice of Motion to Dismiss Amended Petition - Broser (5/15/18), #40 Exhibit 40 Affirmation in Support of Respondents A. Broser and D. Broser Motion to Dismiss (5/15/18), #41 Exhibit 41 Notice of Cross-Motion (5/23/18), #42 Exhibit 42 Petitioner D. Genger's Memo of Law in Opp to Motions to Dismiss and in Support of Cross-Motion (5/23/18), #43 Exhibit 43 Affirmation of J. Bachman in Opposition (5/23/18), #44 Exhibit 44 Stipulation (5/30/18), #45 Exhibit 45 Reply Memo in Support of O. Genger's Motion to Dismiss and in Opp. to Cross-Motion (6/14/18), #46 Exhibit 46 Reply Affirmation of L. Friedman in Support of Motion to Dismiss the Amended Petition by Respondent A. Genger (6/14/18), #47 Exhibit 47 Reply Memo of Law in Support of the TR Entities' Motion to Dismiss the Amended Petition (6/14/18), #48 Exhibit 48 Notice of Discontinuance (6/20/19), #49 Exhibit 49 Notice of Appearance (7/02/19), #50 Exhibit 50 Notice of Bankruptcy (7/16/19), #51 Exhibit 51 Decision (8/20/19))(Bowen, Michael) |
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