Irving H. Picard v. Sage Associates et al
Plaintiff: Irving H. Picard
Defendant: Ann M. Sage Passer, Martin A. Sage, Sage Associates and Malcolm H. Sage
In Re: Bernard L. Madoff Investment Securities LLC
Case Number: 1:2020cv10057
Filed: December 1, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Alison J Nathan
Nature of Suit: Bankruptcy Withdrawal
Cause of Action: 28 U.S.C. ยง 157
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 20, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 28, 2021 Opinion or Order Filing 16 ORDER denying #15 Letter Motion for Oral Argument. The conference scheduled for February 19, 2021 is adjourned sine die and the request for oral argument is denied. Defendant may file a five page response to Plaintiff's sur-reply by February 5, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/27/2021) (kv)
January 27, 2021 Opinion or Order Filing 15 LETTER MOTION for Oral Argument on Defendants' motion to withdraw the reference addressed to Judge Alison J. Nathan from Andrew B. Kratenstein dated 1/27/2021. Document filed by Ann M. Sage Passer, Malcolm H. Sage, Martin A. Sage, Sage Associates..(Kratenstein, Andrew)
January 25, 2021 Opinion or Order Filing 14 REPLY MEMORANDUM OF LAW in Opposition re: #1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-4362A, 08-1789 (SMB). (Trustee's Sur-Reply to Defendants' Motion to Withdraw the Reference). Document filed by Irving H. Picard..(Brown, Seanna)
January 13, 2021 Opinion or Order Filing 13 ORDER. Before the Court is Defendants fully briefed Motion to Withdraw the Bankruptcy Reference. In their reply brief, Defendants raise for the first time the issue of whether withdrawal of the reference is mandatory under 28 U.S.C. 157(a). Dkt. No. 9, 6-9. Plaintiff is invited to file a 10-page sur-reply addressing the issue of, and only the issue of, whether "substantial and material consideration of non-Bankruptcy Code federal statutes is necessary for the resolution of" this proceeding. In re Ionosphere Clubs, Inc., 922 F.2d 984, 995 (2d Cir. 1990). Plaintiff may in the alternative file a letter stating his intent to rely only on his opposition brief. Plaintiff must file the sur-reply or letter by January 25, 2021. SO ORDERED. (Surreplies due by 1/25/2021.) (Signed by Judge Alison J. Nathan on 1/13/2021) (rjm)
December 23, 2020 Opinion or Order Filing 12 JOINT LETTER addressed to Judge Alison J. Nathan from Seanna R. Brown dated December 23, 2020 re: Response to Your Honors Notice of Initial Pretrial Conference. Document filed by Irving H. Picard..(Brown, Seanna)
December 22, 2020 Opinion or Order Filing 11 LETTER addressed to Judge Alison J. Nathan from Andrew B. Kratenstein dated 12/22/2020 re: Courtesy copies of papers filed in connection with Defendants' Motions to Withdraw the Reference. Document filed by Ann M. Sage Passer, Malcolm H. Sage, Martin A. Sage, Sage Associates..(Kratenstein, Andrew)
December 22, 2020 Opinion or Order Filing 10 DECLARATION of Andrew B. Kratenstein re: #9 Reply Memorandum of Law in Support of Motion, / Reply Declaration of Andrew B. Kratenstein In Further Support of Defendants' Motion to Withdraw The Reference. Document filed by Ann M. Sage Passer, Malcolm H. Sage, Martin A. Sage, Sage Associates. (Attachments: #1 Exhibit G, #2 Exhibit H, #3 Exhibit I, #4 Exhibit J).(Kratenstein, Andrew)
December 22, 2020 Opinion or Order Filing 9 REPLY MEMORANDUM OF LAW in Support re: #1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-4362A, 08-1789 (SMB). . Document filed by Ann M. Sage Passer, Malcolm H. Sage, Martin A. Sage, Sage Associates..(Kratenstein, Andrew)
December 15, 2020 Opinion or Order Filing 8 DECLARATION of Seanna R. Brown in Opposition re: #1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-4362A, 08-1789 (SMB).. Document filed by Irving H. Picard. (Attachments: #1 Exhibit 1 - Sage Associates Customer Claim, #2 Exhibit 2 - Sage Associates Claim Determination Objection, #3 Exhibit 3 - Sage Realty Customer Claim, #4 Exhibit 4 - Sage Realty Claim Determination Objection, #5 Exhibit 5 - Sage Associates 1S0004 Account Agreements, #6 Exhibit 6 - Ex. 6 - Sage Associates 1S0547 Account Agreements, #7 Exhibit 7 - Sage Realty 1S0006 and 1S0316 Account Agreements).(Brown, Seanna)
December 15, 2020 Opinion or Order Filing 7 MEMORANDUM OF LAW in Opposition re: #1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-4362A, 08-1789 (SMB). . Document filed by Irving H. Picard..(Brown, Seanna)
December 7, 2020 Opinion or Order Filing 6 NOTICE OF APPEARANCE by Seanna R. Brown on behalf of Irving H. Picard..(Brown, Seanna)
December 2, 2020 Opinion or Order Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Ann M. Sage Passer, Malcolm H. Sage, Martin A. Sage, Sage Associates..(Kratenstein, Andrew)
December 1, 2020 Opinion or Order Filing 4 DECLARATION of Andrew B. Kratenstein in Support re: #1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-4362A, 08-1789 (SMB).. Document filed by Ann M. Sage Passer, Malcolm H. Sage, Martin A. Sage, Sage Associates. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(bkar)
December 1, 2020 Opinion or Order Filing 3 MEMORANDUM OF LAW in Support re: #1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-4362A, 08-1789 (SMB).. Document filed by Ann M. Sage Passer, Malcolm H. Sage, Martin A. Sage, Sage Associates. (bkar)
December 1, 2020 Opinion or Order Filing 2 CIVIL COVER SHEET filed. (bkar)
December 1, 2020 Opinion or Order Filing 1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 10-4362A, 08-1789 (SMB).Document filed by Ann M. Sage Passer, Sage Associates, Martin A. Sage, Malcolm H. Sage. (Attachments: #1 Proposed Order)(bkar)
December 1, 2020 Opinion or Order Case Designated ECF. (bkar)
December 1, 2020 Opinion or Order 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)

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Defendant: Ann M. Sage Passer
Represented By: Carole Neville
Represented By: Darren Todd Azman
Represented By: Michael Robert Huttenlocher, Jr.
Represented By: Andrew Bennett Kratenstein
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Defendant: Martin A. Sage
Represented By: Carole Neville
Represented By: Darren Todd Azman
Represented By: Michael Robert Huttenlocher, Jr.
Represented By: Andrew Bennett Kratenstein
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Defendant: Sage Associates
Represented By: Carole Neville
Represented By: Darren Todd Azman
Represented By: Michael Robert Huttenlocher, Jr.
Represented By: Andrew Bennett Kratenstein
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Defendant: Malcolm H. Sage
Represented By: Carole Neville
Represented By: Darren Todd Azman
Represented By: Michael Robert Huttenlocher, Jr.
Represented By: Andrew Bennett Kratenstein
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Plaintiff: Irving H. Picard
Represented By: Nicholas J. Cremona
Represented By: David J. Sheehan
Represented By: Stacey Ann Bell
Represented By: Seanna R. Brown
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In re: Bernard L. Madoff Investment Securities LLC
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