In Re: Scorpion Fitness Inc.
| Scorpion Fitness Inc. |
| John Shams |
| Salvatore LaMonica |
| William K. Harrington, as United States Trustee |
| 1:2020cv06102 |
| August 5, 2020 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Katharine H Parker |
| Lorna G Schofield |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 0158 |
| None |
Docket Report
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| Mailed a copy of #10 Order of Dismissal, #12 Memo Endorsement to John Shams at 325 Fifth Avenue, #41E, New York, NY 10016. (kh) |
Filing 12
MEMO ENDORSEMENT on re: #11 Letter filed by John Shams. ENDORSEMENT: Appellant is advised that this appeal is closed and has been dismissed per the Order at Dkt. No. 10 for failure to file the designation of items per Federal Rule of Bankruptcy Procedure 8009 and to pay the required filing fee. The Clerk of Court is respectfully directed to mail a copy of this Order to pro se Appellant and the Order at Dkt. No. 10. (Signed by Judge Lorna G. Schofield on 9/22/2020) (cf) Transmission to Docket Assistant Clerk for processing.
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| Filing 11 LETTER addressed to Judge Lorna G. Schofield from John Shams dated 9/21/20 re: I recently came about Mr. Velez-Riveria's letter dated 8/2820 to this Court, upon my return from time away. I his letter, Mr. Velez states that I had advised that I intended to review a draft of his letter, but did not advise any further. I never received a draft of this letter. Mr. Velez, in error, states that the Bankruptcy Court "denied Mr. Shams to stay an earlier order directing the appointment of the Chapter 11 Trustee." The docket shows that I never filed an earlier motion to stay an order directing the appointment of the Chapter 11 Trustee, nor did I file a motion to vacate. For the record, on 3/5/19, filed a Notice of Appeal within the 21-day extension period of the U.S. Trustee's Order appointment of Salvatore LaMonica as Chapter 11 Trustee of Debtors, a copy of which is attached etc. The Lift Stay motion relies on the Bankruptcy Court's order to not use the insurance payment based on blanket statements of the Letter as attached, in which I request the dismissal of NYBDC's dismissal. I also request the dismissal of Mr. Riveria's request in light of his errors about the notice. Document filed by John Shams.(sc) |
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Filing 10
ORDER OF DISMISSAL FOR FAILURE TO PROSECUTE BANKRUPTCY APPEAL: For the reason(s) set forth above, the appeal is deemed abandoned, and IT IS THEREFORE ORDERED that the appeal in the above-entitled action is hereby DISMISSED. (Signed by Judge Lorna G. Schofield on 9/3/2020) (va)
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| Transmission to Orders and Judgments Clerk. Transmitted re: #10 Order of Dismissal to the Orders and Judgments Clerk. (va) |
| Filing 9 LETTER addressed to Judge Lorna G. Schofield from Andrew D. Velez-Rivera dated 8/28/2020 re: Order Dated Aug. 10, 2020 (Dkt. 2). Document filed by William K. Harrington, as United States Trustee..(Velez-Rivera, Andrew) |
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Filing 8
BANKRUPTCY APPEAL SCHEDULING ORDER: FRBP Rule 8018 provides for the dates within which briefs are to be served and filed. Under Rule 8018, appellant has 30 days after the docketing of notice that the record has been transmitted or is available electronically to file its opening brief. Appellee must serve and file its brief within 30 days after service of appellant's brief. Appellant may serve and file a reply brief within 14 days after the service of the appellee's brief. The filing of appellate briefs is not excused in this case. The time limits set forth in Rule 8018 are adopted as the Order of this Court. Failure to comply with this order and/or the time limits in Rules 8009 or 8018 will result in dismissal of the appeal (in the case of the appellant) or consideration of the appeal without an appellee's brief (in the case of the appellee). (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 8/26/2020) (cf)
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| Mailed a copy of #6 Order to John Shams at 325 Fifth Avenue, #41E, New York, NY 10016. (kh) |
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Filing 7
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute. Referred to Magistrate Judge Katharine H. Parker. (Signed by Judge Lorna G. Schofield on 8/18/2020) (cf)
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Filing 6
ORDER: It is hereby ORDERED that Appellant's motion is GRANTED in part and DENIED in part. In the interest of justice and efficiency, Appellant's open appeals, including those pending in No. 20 Civ. 4654 (ER) and No. 20 Civ. 6139 (AT), have or will be reassigned to Magistrate Judge Katharine Parker for initial consideration, to be ultimately determined by the District Court Judge assigned to each case. A separate referral will issue in the respective appeals. It is further ORDERED that Appellant is advised that his appeal in No. 20 Civ. 2198 is closed, and no further filings in that action will be accepted. The Clerk of Court is respectfully directed to (1) file this Order in 20 Civ. 2198, 20 Civ. 6102 and 20 Civ. 6262, (2) close Dkt. No. 11 in 20 Civ. 2198 and (3) mail a copy of this Order to pro se Appellant (Signed by Judge Lorna G. Schofield on 8/18/2020) (ks) Transmission to Docket Assistant Clerk for processing.
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| Magistrate Judge Katharine H. Parker is so redesignated. (wb) |
| Filing 5 CERTIFICATE OF SERVICE of Motion to Consolidate; served on Parties listed in Schedule A, on 8/14/20. Service was made by Mail. Document filed by John Shams..(sc) |
| Filing 4 CERTIFICATE OF SERVICE of Motion to Consolidate; served on Office of U.S. Trustee, Lamonica Herbst & Maniscalo, Lemery Greisler LL, Kossoff PLLC, Morrison Tenenbaum PLLC, Brian Hufnagel, Foster & Wolkind, Law Off. of David Finkler PC on 8/14/20. Service was made by Mail. Document filed by John Shams. (sc) |
| Filing 3 NOTICE OF APPEARANCE PRO SE by John Shams. (sc) |
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Filing 2
ORDER. It is hereby ORDERED that by August 28, 2020, the parties shall file a joint letter providing the (i) status of the bankruptcy proceedings and (ii) their respective positions on whether the Court should exercise its appellate jurisdiction to review the Extension Order. The Clerk of Court is respectfully directed to mail a copy of this order to Mr. Shams. (Signed by Judge Lorna G. Schofield on 8/10/20) (yv) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #2 Order to John Shams at 325 Fifth Avenue, #41E, New York, NY 10016. (kh) |
| NOTICE OF CASE REASSIGNMENT to Judge Lorna G. Schofield. Judge Katherine Polk Failla is no longer assigned to the case..(wb) |
| Filing 1 NOTICE OF APPEAL FROM THE BANKRUPTCY COURT TO THE S.D.N.Y. from the Order of Judge Michael E. Wiles dated April 3, 2020. Bankruptcy Court Case Numbers: 19-B-11231 (MEW). Certified copies of file received.Document filed by John Shams.(bkar) |
| Magistrate Judge Debra C. Freeman 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. (bkar) |
| Case Designated ECF. (bkar) |
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