In Re: Aurora Commercial Corp.
| Aurora Loan Services, LLC. and Aurora Commercial Corp. |
| Gerard M. Pierre |
| 1:2020cv08282 |
| October 5, 2020 |
| US District Court for the Southern District of New York |
| Edgardo Ramos |
| Bankruptcy Appeal (801) |
| 28 U.S.C. ยง 0158 |
| None |
Docket Report
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Filing 10
BANKRUPTCY APPEAL SCHEDULING ORDER: The above entitled Bankruptcy Appeal has been assigned to Judge Ramos. Notice of record of appeal was docketed in the District Court on February 2, 2018. The parties are directed to serve and file briefs according to the following schedule: Appellant's brief due Wednesday, November 25, 2020 Appellee's brief due Friday, December 25, 2020 and Appellant's reply due Friday, January 8, 2021. The Court will advise the parties of the date and time of any oral argument to be scheduled. It is SO ORDERED. (Appellant Brief due by 11/25/2020., Appellant Reply Brief due by 1/8/2021., Appellee Brief due by 12/25/2020.) Copies mailed by Chambers (Signed by Judge Edgardo Ramos on 10/26/2020) (jca) Modified on 10/26/2020 (jca).
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Filing 9
AFFIDAVIT OF SERVICE of Memo Endorsement on Letter [Docket No. 6] served on Gerard M. Pierre on October 14, 2020. Service was made by Mail and Email. Document filed by Aurora Commercial Corp., Aurora Loan Services, LLC...(Ortiz, Kyle)
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Filing 8
AFFIDAVIT OF SERVICE of Letter [Docket No. 5] served on Gerard M. Pierre on October 13, 2020. Service was made by Mail and Email. Document filed by Aurora Commercial Corp...(Ortiz, Kyle)
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Filing 7
ORDER: On October 5, 2020, Gerard M. Pierre, pro se, initiated an appeal of a September 14, 2020 Order of the United States Bankruptcy Court, Southern District of New York against Aurora Commercial Corp. and Aurora Loan Services, LLC ("Appellees"). Doc. 1; In re Aurora Commercial Corp., et al., No. 19-10843, Doc. 530 (Bankr. S.D.N.Y. Sept. 14, 2020). On October 13, 2020, Appellees requested, pursuant to Rule 13 of the Local Rules for the Division of Business Among District Judges, that this case be marked as related to Pierre's earlier-filed appeal before the Honorable John G. Koeltl, Pierre v. Aurora Commercial Corp., No. 19 Civ. 11207 (JGK) (S.D.N.Y.), and transferred to him. Doc. 5. However, Pierre's appeal before Judge Koeltl was closed on July 24, 2020. Pierre v. Aurora Commercial Corp., No. 19 Civ. 11207 (JGK), 2020 WL 4271790, at *7 (S.D.N.Y. July 24, 2020). Under Rule 13(a)(2)(B), both cases must be pending to be deemed related. Accordingly, Appellees request to join this case with Pierre v. Aurora Commercial Corp., No. 19 Civ. 11207 (JGK) (S.D.N.Y.) is DENIED. In addition, because Appellee's request has been denied, Pierre is no longer required to file a response as the Court had previously directed, Doc. 6. (Signed by Judge Edgardo Ramos on 10/15/2020) (mro)
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Filing 6
MEMO ENDORSEMENT on re: #5 Letter filed by Aurora Loan Services, LLC., Aurora Commercial Corp. ENDORSEMENT: Appellant is directed to respond to Appellee's letter, Doc. 5, by letter of no more than 3 pages in length, by Wednesday, October 21, 2020. (Signed by Judge Edgardo Ramos on 10/14/2020) (mro)
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Filing 5
LETTER addressed to Judge Edgardo Ramos from Kyle J. Ortiz, Esq. dated October 13, 2020 re: Transfer of Related Appeal. Document filed by Aurora Commercial Corp., Aurora Loan Services, LLC...(Ortiz, Kyle)
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Filing 4
ORDER: Appellant Gerard M. Pierre's request to proceed informa pauperis is granted. 28 U.S.C. 1915(a)(1); Smith v. Nagle, No. 05 Civ. 5129 (VM), 2005 WL 1773765, at *1 (S.D.N.Y. July 25, 2005). The Clerk of Court is respectfully directed to terminate the motion, Doc. 2. (Signed by Judge Edgardo Ramos on 10/8/2020) (mro)
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Filing 3
DESIGNATION OF BANKRUPTCY RECORD ON APPEAL, and Statement of Issues, re: #1 Bankruptcy Appeal. Document filed by Appellant Gerard M. Pierre..(bmlo)
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Filing 2
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Gerard M. Pierre. (Attachments: #1 Application).(bmlo)
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Filing 1
NOTICE OF APPEAL FROM THE BANKRUPTCY COURT TO THE S.D.N.Y from the Order of Judge Shelley C. Chapman dated 09/14/2020. Bankruptcy Court Case Numbers: 19-B-10843 (SCC). Certified copies of file received.Document filed by Gerard M. Pierre.(bmlo)
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Case Designated ECF. (bmlo)
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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. (bmlo)
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