Holliday v. Brown Rudnick LLP
| Mark E. Holliday, as Trustee of the LB Litigation Trust and Mark E. Holliday |
| Brown Rudnick LLP |
| 1:2019cv10925 |
| November 26, 2019 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 26, 2021. A more recent docket listing may be available from PACER.
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Filing 21
ORDER FOR ADMISSION PRO HAC VICE granting #19 Motion for Joshua Justin Bruckerhoff to Appear Pro Hac Vice. The motion of Joshua Justin Bruckerhoff, for admission to practice Pro Hac Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including Rules governing discipline of attorneys. (Signed by Judge Paul A. Engelmayer on 1/21/20) (yv)
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Filing 20
ORDER FOR ADMISSION PRO HAC VICE granting #18 Motion for Barbara Whiten Balliette to Appear Pro Hac Vice. The motion of Barbara Whiten Balliette, for admission to practice Pro Hae Vice in the above captioned action is granted. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including Rules governing discipline of attorneys. (Signed by Judge Paul A. Engelmayer on 1/20/20) (yv)
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| Filing 19 MOTION for Joshua Justin Bruckerhoff to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18535581. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mark E. Holliday. (Attachments: #1 Affidavit of Joshua Bruckerhoff, #2 Exhibit 1 - Certificate of Good Standing, #3 Text of Proposed Order)(Bruckerhoff, Joshua) |
| Filing 18 MOTION for Barbara Whiten Balliette to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mark E. Holliday. (Attachments: #1 Affidavit of Barbara Whiten Balliette, #2 Exhibit 1 - Certificate of Good Standing, #3 Text of Proposed Order)(Balliette, Barbara) |
| Filing 17 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Barbara Whiten Balliette to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18534034. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mark E. Holliday. (Attachments: #1 Affidavit of Barbara Whiten Balliette, #2 Exhibit 1 - Certificate of Good Standing, #3 Text of Proposed Order)(Balliette, Barbara) Modified on 1/17/2020 (wb). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #17 MOTION for Barbara Whiten Balliette to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18534034. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Texas;. 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) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for Barbara Whiten Balliette to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Joshua Justin Bruckerhoff to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18535581. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
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Filing 16
ORDER: On January 15, 2020, defendant filed a motion to dismiss the complaint under Rule 12 of the Federal Rules of Civil Procedure. Under Rule 15(a)(1)(B), a plaintiff has 21 days after the service of a motion under Rule 12(b) to amend the complaint once as a matter of course. Accordingly, it is hereby ORDERED that plaintiff shall file any amended complaint by February 5, 2020. No further opportunities to amend will ordinarily be granted. If plaintiff does amend, by February 26, 2020, defendant shall: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying plaintiff, stating that they rely on the previously filed motion to dismiss. It is further ORDERED that if no amended complaint is filed, plaintiff shall serve any opposition to the motion to dismiss by February 5, 2020. Defendants' reply, if any, shall be served by February 12, 2020. At the time any reply is served, the moving party shall supply the Court with two (2) courtesy copies of all motion papers by mailing or delivering them to the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York 10007. (Amended Pleadings due by 2/5/2020. Motions due by 2/26/2020.) (Signed by Judge Paul A. Engelmayer on 1/16/2020) (jwh)
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| Filing 15 LETTER MOTION for Oral Argument addressed to Judge Paul A. Engelmayer from Christopher J. Clark dated January 15, 2020. Document filed by Brown Rudnick LLP.(Clark, Christopher) |
| Filing 14 DECLARATION of Christopher J. Clark in Support re: #12 MOTION to Dismiss Complaint.. Document filed by Brown Rudnick LLP. (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - Notice of Appearance, #3 Exhibit 3 - Order re Plan of Reorganization (excerpts), #4 Exhibit 4 - Judge Cote's Opinion and Order (excerpts), #5 Exhibit 5 - Bigman Affidavit (excerpts), #6 Exhibit 6 - Miliband Declaration, #7 Exhibit 7 - Notice of Removal & Appointment of Successor Trustee, #8 Exhibit 8 - Amended Complaint in Adversary Proceeding (excerpts), #9 Exhibit 9 - Order Approving Financing Party Settlement, #10 Exhibit 10 - Complaint in Adversary Proceeding (excerpts), #11 Exhibit 11 - Trustee's Pre-Trial Brief (excerpts), #12 Exhibit 12 - Access's Opposition Brief to Trustee's Summary Judgment Motion (excerpts), #13 Exhibit 13 - Order Denying Cross-Motions for Summary Judgment, #14 Exhibit 14 - Trustee's Appellate Brief (excerpts), #15 Exhibit 15 - Access's Summary Judgment Brief (excerpts), #16 Exhibit 16 - Access's Post-Trial Proposed FOF & COL (excerpts), #17 Exhibit 17 - Trustee's Post-Trial Brief (excerpts), #18 Exhibit 18 - 2/2/2017 Hearing Transcript (excerpts), #19 Exhibit 19 - Access Defendants' Appellate Brief (excerpts), #20 Exhibit 20 - Trustee's Post-Trial Proposed Findings of Fact (excerpts), #21 Exhibit 21 - Designation No. 964 (excerpts), #22 Exhibit 22 - Trustee's Objs. & Responses to Access's Statement of Addt'l Facts (excerpts), #23 Exhibit 23 - Trustee's Motion for Summary Judgment Brief (excerpts))(Clark, Christopher) |
| Filing 13 MEMORANDUM OF LAW in Support re: #12 MOTION to Dismiss Complaint. . Document filed by Brown Rudnick LLP. (Clark, Christopher) |
| Filing 12 MOTION to Dismiss Complaint. Document filed by Brown Rudnick LLP.(Clark, Christopher) |
| Filing 11 NOTICE OF APPEARANCE by Rakim Johnson on behalf of Brown Rudnick LLP. (Johnson, Rakim) |
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Filing 10
ORDER granting #9 Letter Motion for Extension of Time to Answer: Granted. 0 (Brown Rudnick LLP answer due 1/15/2020.) (Signed by Judge Paul A. Engelmayer on 12/10/2019) (jwh)
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| Filing 9 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Paul A. Engelmayer from Nicholas L. McQuaid dated December 9, 2019. Document filed by Brown Rudnick LLP.(McQuaid, Nicholas) |
| Filing 8 AFFIDAVIT OF SERVICE. Brown Rudnick LLP served on 12/2/2019, answer due 12/23/2019. Service was accepted by Mike Sutter, Records Clerk. Document filed by Mark E. Holliday. (Reid, William) |
| Filing 7 NOTICE OF APPEARANCE by Virginia Foster Tent on behalf of Brown Rudnick LLP. (Tent, Virginia) |
| Filing 6 NOTICE OF APPEARANCE by Christopher J. Clark on behalf of Brown Rudnick LLP. (Clark, Christopher) |
| Filing 5 NOTICE OF APPEARANCE by Nicholas Lloyd McQuaid on behalf of Brown Rudnick LLP. (McQuaid, Nicholas) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Brown Rudnick LLP. (sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney William Thomas Reid. The party information for the following party/parties has been modified: Mark E. Holliday. The information for the party/parties has been modified for the following reason/reasons: party text was entered incorrectly. (sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney William Thomas Reid. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions. (sj) |
| Magistrate Judge Sarah Netburn 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sj) |
| Case Designated ECF. (sj) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Brown Rudnick LLP, re: #1 Complaint. Document filed by Mark E. Holliday, as Trustee of the LB Litigation Trust. (Reid, William) |
| Filing 2 CIVIL COVER SHEET filed. (Reid, William) |
| Filing 1 COMPLAINT against Brown Rudnick LLP. (Filing Fee $ 400.00, Receipt Number ANYSDC-18149879)Document filed by Mark E. Holliday, as Trustee of the LB Litigation Trust.(Reid, William) |
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