Irving H. Picard v. Sage Associates et al
| Irving H. Picard |
| Ann M. Sage Passer, Martin A. Sage, Sage Associates and Malcolm H. Sage |
| Bernard L. Madoff Investment Securities LLC |
| 1:2020cv10057 |
| December 1, 2020 |
| US District Court for the Southern District of New York |
| Alison J Nathan |
| Bankruptcy Withdrawal |
| 28 U.S.C. § 157 |
| None |
Docket Report
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 6
NOTICE OF APPEARANCE by Seanna R. Brown on behalf of Irving H. Picard..(Brown, Seanna)
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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)
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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)
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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)
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Filing 2
CIVIL COVER SHEET filed. (bkar)
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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)
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Case Designated ECF. (bkar)
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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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