In Re: 45 John Lofts, LLC
Case Number: 1:2023cv05357
Filed: November 27, 2023
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Nature of Suit: Bankruptcy Appeal (801)
Cause of Action: 28 U.S.C. ยง 0158 Notice of Appeal re Bankruptcy Matter (BA
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Date Filed Document Text
January 4, 2024 Opinion or Order Filing 40 ORDER GRANTING DEFENDANTS-APPELLANTS' MOTION TO STAY granting 29 Motion to Deposit Funds; granting 29 Motion to Stay re: 29 FOURTH MOTION to Deposit Funds in the form of a Bond. MOTION to Stay Execution. The Co urt is in receipt of Defendants-Appellants' fourth motion to stay enforcement of the Bankruptcy Court's order entered on November 2, 2023 (the "Bankruptcy Turnover Order"), a Judgment and Order entered in favor of Plaintiff-Appell ee against the Defendants-Appellants dated June 2, 2023, and the related memorandum of decision dated April 14, 2023, pending appeal of the Turnover Order and appeal of the Decision and Judgment. [ECF No. 29.] For the reasons discussed below, Defenda nts-Appellants' motion for a stay pending the appeals is GRANTED. Upon careful consideration of Defendants-Appellants' renewed motion and the materials filed in support and in opposition, the Court GRANTS Defendants-Appellants' motion to stay pending appeal, exercising its discretion under both Rule 62(b) and Bankruptcy Rule 8007. In doing so, the Court emphasizes that Plaintiff-Appellee will not be prejudiced or harmed by the stay pending appeal because it is reasonably protecte d by the $3 million bond obtained by Defendants-Appellants. Thus, if Plaintiff-Appellee ultimately prevails on the merits on appeal, the bond is readily available to satisfy the money judgment owed to Plaintiff-Appellee. The Clerk of Court is respectfully requested to terminate the motion pending at docket entry number 29. (And as further set forth herein.) SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 1/4/2024) (jca) Transmission to Finance Unit (Cashiers) for processing.
December 6, 2023 Opinion or Order Filing 33 ORDER The Court is in receipt of Defendants-Appellants' motion for a stay filed on November 30, 2023. [ECF No. 29.] Pursuant to Local Civil Rule 6.1(b), "[o]n all civil motions...[a]ny opposing affidavits and answering memoranda shall be served within fourteen days after service of the moving papers. See Local Civil Rule 6.1(b); see also Individual Rule of Practice in Civil Cases 4.A(v) (Unless otherwise stipulated by the Court, the schedule for responses and replies to civil mot ions shall be that established by Local Civil Rule 6.1."). Plaintiff-Appellee's time to oppose the motion has not yet expired. The Court will rule on the motion in due course. The parties are HEREBY DIRECTED to immediately cease inappropri ately and repetitiously contacting Chambers, via calls and/or email. Failure to comply with this Order and any other Orders in this case, the Local Rules, or the Court's Individual Rules of Practice may result in sanctions, including personal monetary sanctions on counsel if counsel continues to harass Chambers. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 12/6/2023) (jca)
November 29, 2023 Opinion or Order Filing 27 ORDER terminating 24 Letter Motion to Stay re: 24 LETTER MOTION to Stay re: 23 Order on Motion to Stay,, With Bond Submitted of Record addressed to Judge Mary Kay Vyskocil from Brendan Kombol dated 11/29/2023. As an initi al matter, the Court will not enter a stay of the Bankruptcy Turnover Order at this time. The appeal bond should be amended to bond any potential liability of both Defendants-Appellants. The parties are HEREBY DIRECTED to cease filing unnecessary an d vexatious letters on the docket and repetitiously contacting Chambers. The parties are FURTHER DIRECTED to apprise themselves of the Individual Rules of Practice of this Court. The parties shall only file appropriate and proper pleadings on the docket in the future, so as not to continue wasting judicial time and resources. The Clerk of Court is respectfully requested to terminate docket entry number 24. SO ORDERED.. (Signed by Judge Mary Kay Vyskocil on 11/29/2023) (ks)
November 28, 2023 Opinion or Order Filing 23 ORDER terminating 22 Letter Motion to Stay re: 22 LETTER MOTION to Stay re: 21 Letter, 20 Order on Motion to Stay,, and/or seeking clarification in support of stay, addressed to Judge Mary Kay Vyskocil from Brendan Kombo l dated 11/28/2023. The Court will entertain a renewed motion to stay upon Defendants-Appellants' procurement of a $3 million appeal bond. The Clerk of Court is respectfully requested to terminate docket entry number 22. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 11/28/2023) (tg)
November 27, 2023 Opinion or Order Filing 20 ORDER denying without prejudice 12 Letter Motion to Stay re: 12 MOTION to Stay Pending Appeal. Accordingly, Defendants' motion is DENIED without prejudice. Defendants may renew their motion upon proof of a $3 million bond. If Defendants are able to secure a $3 million bond, Defendants are directed to file proof on the docket. The Court will thereafter enter a stay. The Clerk of Court is respectfully requested to terminate ECF No. 12. The show cause hearing previously scheduled for December 1, 2023 is ADJOURNED sine die. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 11/27/2023) (tg)
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