In Re: Scorpion Fitness Inc.
| New York Business Development Corporation |
| Scorpion Fitness Inc. |
| John Shams |
| 1:2020cv06262 |
| August 10, 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. ยง 0158 |
| None |
Docket Report
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Filing 7
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) (mml) Transmission to Orders and Judgments Clerk for processing. Transmission to US Bankruptcy Court-Southern District of New York for processing.
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Filing 6
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. Counsel are directed to review and comply with the Court's Individual Rules and Procedures (available at the Court's website, http://nysd.uscourts.gov/judge /Schofield) to the extent they are not inconsistent with the Federal Rules of Bankruptcy Procedures. The individual rules in Section III.B. regarding motion submissions shall apply to this appeal to the extent not inconsistent with the FRBP. 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). SO ORDERED. (Signed by Judge Lorna G. Schofield on 8/26/2020) (va)
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| Filing 5 CERTIFICATE OF SERVICE of Letter served on John Shams on 08/20/2020. Service was made by Mail. Document filed by New York Business Development Corporation..(Breen, Meghan) |
| Filing 4 LETTER addressed to Magistrate Judge Katharine H. Parker from Meghan M. Breen, Esq. dated 08/20/2020 re: Request dismissal of appeal for lack of jurisdiction. Document filed by New York Business Development Corporation. (Attachments: #1 Exhibit A-D).(Breen, Meghan) |
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Filing 3
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 2
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) |
| 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 July 10, 2020. Bankruptcy Court Case Numbers: 19-B-11231 (MEW). Certified copies of file received.Document filed by John Shams.(bkar) |
| Magistrate Judge Gabriel W. Gorenstein 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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