MidOcean Partners IV, L.P. v. Baker et al
| MidOcean Partners IV, L.P. |
| William Lew, Alpha Bravo Holding Company, Inc. and Aaron Baker |
| 1:2020cv06013 |
| July 31, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Mary Kay Vyskocil |
| Other Statutory Actions |
| 28 U.S.C. § 1334 (b) Proceeding arising/related to case under title 11 |
| Both |
Docket Report
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This docket was last retrieved on November 19, 2020. A more recent docket listing may be available from PACER.
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| Filing 34 DECLARATION of Samuel A. Schwartz in Opposition re: #24 MOTION to Remand to State Court .. Document filed by Alpha Bravo Holding Company, Inc., Aaron Baker, William Lew. (Attachments: #1 Exhibit 1 - Confirmation Order, #2 Exhibit 2 - MOP Insider Stipulation, #3 Exhibit 3 - MOP Insider Order, #4 Exhibit 4 - MOP Complaint, #5 Exhibit 5 - PSA, #6 Exhibit 6 - Plan, #7 Exhibit 7 - Plan Supplement, #8 Exhibit 8 - Notice of Plan Effective Date, #9 Exhibit 9 - Disclosure Statement, #10 Exhibit 10 - Schedules for Nevada Debtor Stack-On Acquisition Parent Corp., #11 Exhibit 11 - Schedules for Nevada Debtor Stack-On Products Co., #12 Exhibit 12 - Schedules for Nevada Debtor Cannon Security Products, LLC, #13 Exhibit 13 - Schedules for Nevada Debtor Gunvault USA Inc., #14 Exhibit 14 - Schedules for Nevada Debtor Remline Industries, Inc., #15 Exhibit 15 - Schedules for Nevada Debtor Cannon Safe, Inc., #16 Exhibit 16 - Schedules for Nevada Debtor Alpha Guardian).(Schwartz, Samuel) |
| Filing 33 MEMORANDUM OF LAW in Opposition re: #21 MOTION to Transfer Case /Notice of Venue Transfer Motion Under 28 U.S.C. Section 1404 and 1412. . Document filed by MidOcean Partners IV, L.P...(Barday, Shireen) |
| Filing 32 MEMORANDUM OF LAW in Opposition re: #24 MOTION to Remand to State Court . . Document filed by Alpha Bravo Holding Company, Inc., Aaron Baker, William Lew..(Schwartz, Samuel) |
| Filing 31 NOTICE OF APPEARANCE by Samuel A Schwartz on behalf of Alpha Bravo Holding Company, Inc., Aaron Baker, William Lew..(Schwartz, Samuel) |
| Filing 30 LETTER addressed to Judge Mary Kay Vyskocil from Samuel A. Schwartz dated 09/22/2020 re: Supplement to Motion for Admission Pro Hac Vice. Document filed by Alpha Bravo Holding Company, Inc., Aaron Baker, William Lew. (Attachments: #1 Certificate of Good Standing - Illinois, #2 Certificate of Good Standing - Nevada).(Griffin, Scott) |
| Filing 29 NOTICE OF APPEARANCE by Athanasios Eftimios Agelakopoulos on behalf of Alpha Bravo Holding Company, Inc., Aaron Baker, William Lew..(Agelakopoulos, Athanasios) |
Filing 28
ORDER granting #27 Motion to Amend/Correct ; granting #27 Motion for Samuel A. Schwartz to Appear Pro Hac Vice. Attorney should file the certificates on ECF as soon as they are received. (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #27 MOTION to Amend/Correct Notice Regarding Deficient Motion to Appear Pro Hac vice,,, . MOTION for Samuel A. Schwartz to Appear Pro Hac Vice /Amended Motion for Admission 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 AWAITING CERTIFICATES FROM NEVADA AND ILLINOIS. DELAYS DUE TO COVID. (vba) |
| Filing 27 MOTION to Amend/Correct Notice Regarding Deficient Motion to Appear Pro Hac vice,,, ., MOTION for Samuel A. Schwartz to Appear Pro Hac Vice /Amended Motion for Admission Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alpha Bravo Holding Company, Inc., Aaron Baker, William Lew. (Attachments: #1 Supplemental Affidavit of Samuel A. Schwartz in Support of Motion for Admission Pro Hac Vice, #2 Proposed Order for S. Schwartz Pro Hac Vice Admission, #3 Certificate of Good Standing - Arizona, #4 Certificate of Good Standing - Florida).(Griffin, Scott) |
| Filing 26 DECLARATION of Shireen A. Barday in Support re: #24 MOTION to Remand to State Court .. Document filed by MidOcean Partners IV, L.P.. (Attachments: #1 Exhibit 1- Purchase and Sale Agreement, #2 Exhibit 2- Notice of Complaint, #3 Exhibit 3- Transcript of Plan Confirmation Hearing, #4 Exhibit 4- Notice of Effective Date of Plan, #5 Exhibit 5- Disclosure Statement, #6 Exhibit 6- Email from New York Supreme Court).(Barday, Shireen) |
| Filing 25 MEMORANDUM OF LAW in Support re: #24 MOTION to Remand to State Court . . Document filed by MidOcean Partners IV, L.P...(Barday, Shireen) |
| Filing 24 MOTION to Remand to State Court . Document filed by MidOcean Partners IV, L.P...(Barday, Shireen) |
| Filing 23 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by MidOcean Partners IV, L.P...(Barday, Shireen) |
| Filing 22 MEMORANDUM OF LAW in Support re: #21 MOTION to Transfer Case /Notice of Venue Transfer Motion Under 28 U.S.C. Section 1404 and 1412. Memorandum of Law in Support of Defendants' Motion to Transfer Venue to the United States District Court for the District of Nevada Pursuant to 28 USC Sections 1404(a) and 1412. Document filed by Alpha Bravo Holding Company, Inc., Aaron Baker, William Lew. (Attachments: #1 Declaration of Samuel A. Schwartz, Esq.).(Griffin, Scott) |
| Filing 21 MOTION to Transfer Case /Notice of Venue Transfer Motion Under 28 U.S.C. Section 1404 and 1412. Document filed by Alpha Bravo Holding Company, Inc., Aaron Baker, William Lew..(Griffin, Scott) |
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Filing 20
ORDER granting #19 Motion for Athanasios E. Agelakopoulos to Appear Pro Hac Vice; granting #19 Motion to Amend/Correct (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Athanasios E. Agelakopoulos to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. MOTION to Amend/Correct Notice Regarding Deficient Motion to Appear Pro Hac vice, .. The document has been reviewed and there are no deficiencies. (ad) |
| Filing 19 MOTION for Athanasios E. Agelakopoulos to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff., Filing fee $ 200.00, receipt number ANYSDC-21342292 MOTION to Amend/Correct Notice Regarding Deficient Motion to Appear Pro Hac vice,,, . Document filed by Alpha Bravo Holding Company, Inc., Aaron Baker, William Lew. (Attachments: #1 Affidavit Corrected Affidavit of Athanasios E. Agelakopoulos, #2 Exhibit Certificate of Good Standing Delaware, #3 Exhibit Certificate of Good Standing Georgia, #4 Exhibit Certificate of Good Standing Nevada, #5 Text of Proposed Order Proposed Order).(Griffin, Scott) Modified on 9/11/2020 (ad). |
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Filing 18
ORDER. Plaintiff's motion [ECF #10] is GRANTED IN PART and DENIED IN PART. IT IS HEREBY ORDERED that Plaintiff's deadline to respond to Defendants' counterclaims is stayed pending resolution of the anticipated motions to remand and to transfer. IT IS FURTHER ORDERED that Plaintiff's motion to remand and Defendants' motion to transfer shall be briefed simultaneously on the following schedule: Opening briefs must be filed by September 11, 2020; Opposition briefs must be filed by September 25, 2020; Reply briefs must be filed by October 2, 2020. There will be no extensions of this schedule. The Court will set other deadlines as necessary after resolving the anticipated motions. SO ORDERED. Granting in part and denying in part #10 LETTER MOTION to Stay addressed to Judge Mary Kay Vyskocil from Shireen A. Barday dated August 24, 2020. Document filed by MidOcean Partners IV, L.P. (Signed by Judge Mary Kay Vyskocil on 8/28/2020) (rjm)
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Filing 17
ORDER granting #16 Motion for Robert Klyman to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
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| Set/Reset Deadlines: Motions due by 9/11/2020. Responses due by 9/25/2020. Replies due by 10/2/2020. (rjm) |
| Filing 16 MOTION for Robert Klyman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21362552. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by MidOcean Partners IV, L.P.. (Attachments: #1 Affidavit of Robert Klyman in Support of Motion to Admit Counsel Pro Hac Vice, #2 Exhibit A- Certificate of Good Standing, #3 Text of Proposed Order).(Klyman, Robert) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Robert Klyman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21362552. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 15 LETTER RESPONSE to Motion addressed to Judge Mary Kay Vyskocil from Samuel A. Schwartz dated August 26, 2020 re: #10 LETTER MOTION to Stay addressed to Judge Mary Kay Vyskocil from Shireen A. Barday dated August 24, 2020. . Document filed by Alpha Bravo Holding Company, Inc., Aaron Baker, William Lew. (Attachments: #1 Exhibit A - Emails).(Griffin, Scott) |
| Filing 14 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Athanasios E. Agelakopoulos to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21342292. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alpha Bravo Holding Company, Inc., Aaron Baker, William Lew. (Attachments: #1 Affidavit Affidavit of A. Agelakopoulos in Support of Pro Hac Vice Admission, #2 Text of Proposed Order Proposed Order for A. Agelakopoulos Pro Hac Vice Admission).(Griffin, Scott) Modified on 8/26/2020 (vba). |
| Filing 13 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Samuel A. Schwartz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21342230. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alpha Bravo Holding Company, Inc., Aaron Baker, William Lew. (Attachments: #1 Affidavit S. Schwartz Affidavit in Support of Pro Hac Vice Admission, #2 Text of Proposed Order Proposed Order for S. Schwartz Pro Hac Vice Admission).(Griffin, Scott) Modified on 8/26/2020 (vba). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #13 MOTION for Samuel A. Schwartz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21342230. 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 ARIZONA; SUPREME COURT OF FLORIDA; SUPREME COURT OF ILLINOIS; AFFIDAVIT NOT NOTARIZED;. Re-file the motion as a Corrected 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.. (vba) Modified on 8/27/2020 (vba). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #14 MOTION for Athanasios E. Agelakopoulos to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21342292. 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 DELAWARE; AFFIDAVIT NOT NOTARIZED;. Re-file the motion as a Corrected 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.. (vba) Modified on 8/27/2020 (vba). |
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Filing 12
ORDER re: #10 LETTER MOTION to Stay addressed to Judge Mary Kay Vyskocil from Shireen A. Barday dated August 24, 2020. filed by MidOcean Partners IV, L.P. Defendants must file any response to Plaintiff's letter by 5PM on August 26, 2020. (HEREBY ORDERED by Judge Mary Kay Vyskocil) (Text Only Order) (ab)
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| Filing 11 NOTICE OF APPEARANCE by Andrew Charles Bernstein on behalf of MidOcean Partners IV, L.P...(Bernstein, Andrew) |
| Filing 10 LETTER MOTION to Stay addressed to Judge Mary Kay Vyskocil from Shireen A. Barday dated August 24, 2020. Document filed by MidOcean Partners IV, L.P.. (Attachments: #1 Exhibit A - Emails).(Barday, Shireen) |
| Filing 9 NOTICE OF APPEARANCE by Shireen Barday on behalf of MidOcean Partners IV, L.P...(Barday, Shireen) |
| Filing 8 AFFIDAVIT OF SERVICE of Answer and Counterclaim served on Shireen Barday, Esq., Gibson Dunn, as counsel for MidOcean Partners IV, L.P. on 8/10/20. Service was made by Mail. Document filed by Alpha Bravo Holding Company, Inc., Aaron Baker, William Lew..(Griffin, Scott) |
| Filing 7 ANSWER to Complaint with JURY DEMAND., COUNTERCLAIM against MidOcean Partners IV, L.P.. Document filed by Alpha Bravo Holding Company, Inc., William Lew, Aaron Baker. (Attachments: #1 Exhibit A - Alpha Guardian Chapter 11 Plan of Reorganization, #2 Exhibit B - Nevada Bankruptcy Court Confirmation Order).(Griffin, Scott) |
| Filing 6 AFFIDAVIT OF SERVICE of Notice of Removal and related documents (Copy of Process attached as Exhibits) served on MidOcean Partners IV, L.P. on 8/5/20. Service was accepted by Nina Pratcher, Managing Agent, Maples Fiduciary Services (Delaware), Inc.. Document filed by Alpha Bravo Holding Company, Inc., Aaron Baker, William Lew. (Attachments: #1 Exhibit Notice of Removal, #2 Exhibit Civil Cover Sheet, #3 Exhibit Statement of Relatedness, #4 Exhibit Rule 7.1 Statement, #5 Exhibit MKV Civil Practice Rules, #6 Exhibit MKV Emergency COVID Civil Practice Rules, #7 Exhibit SDNY Distr. Ct. ECF Rules & Instructions).(Griffin, Scott) |
| Filing 5 NOTICE OF APPEARANCE by Scott Anthony Griffin on behalf of Alpha Bravo Holding Company, Inc., Aaron Baker, William Lew..(Griffin, Scott) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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 Kevin Nathaniel Fox 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) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Scott Anthony Griffin. The following case opening statistical information was erroneously selected/entered: Cause of Action code (none). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1334. (sj) |
| Case Designated ECF. (sj) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Alpha Bravo Holding Company, Inc., Aaron Baker, William Lew..(Griffin, Scott) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 652837/2020. Document filed by Alpha Bravo Holding Company, Inc., Aaron Baker, William Lew..(Griffin, Scott) |
| Filing 2 CIVIL COVER SHEET filed..(Griffin, Scott) |
| Filing 1 NOTICE OF REMOVAL from NY Supreme Court, County of New York. Case Number: 652837/2020. (Filing Fee $ 400.00, Receipt Number ANYSDC-20953182).Document filed by Alpha Bravo Holding Company, Inc., William Lew, Aaron Baker. (Attachments: #1 Exhibit A - Pleadings, Orders, Process and Papers filed in NY State Court Action, #2 Exhibit B - Written Consent for Removal, #3 Exhibit C - Alpha Guardian Bankruptcy Documents).(Griffin, Scott) |
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