In Re: Empire Generating Co, LLC
| SPT Infrastructure Finance Sub-2, Ltd., AEIF TRADE, LLC, SPT Infrastructure Finance Sub-1, LLC and ASSF IV AIV B Holdings III, L.P. |
| Empire Generating Co, LLC |
| Black Diamond Capital Management, L.L.C. |
| 7:2019cv05744 |
| June 19, 2019 |
| US District Court for the Southern District of New York |
| Kenneth M Karas |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 0158 |
| None |
Docket Report
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This docket was last retrieved on July 19, 2019. A more recent docket listing may be available from PACER.
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| Filing 20 NOTICE OF RECORD OF APPEAL AVAILABILITY (COMPLETION). Re: #1 Bankruptcy Appeal,. All Documents from the United States Bankruptcy Court - Southern District of New York have been filed with the U.S.D.C. S.D.N.Y. Record of Appeal is Complete and Available Electronically. Appellant Brief due by 8/19/2019. (bkar) |
| Filing 19 COUNTER DESIGNATION OF BANKRUPTCY RECORD ON APPEAL Document filed by Appellee Empire Generating Co, LLC. (bkar) |
| Filing 18 DESIGNATION OF BANKRUPTCY RECORD ON APPEAL re: #1 Bankruptcy Appeal,. Document filed by Appellants AEIF TRADE, LLC, ASSF IV AIV B Holdings III, L.P., SPT Infrastructure Finance Sub-1, LLC, SPT Infrastructure Finance Sub-2, Ltd.. (bkar) |
| ***DELETED DOCUMENT. Deleted document number #18 DESIGNATION OF BANKRUPTCY RECORD ON APPEAL. The document was incorrectly filed in this case. (gp) |
Filing 17
ORDER FOR ADMISSION PRO HAC VICE granting (19) Motion for Damon C. Andrews to Appear Pro Hac Vice in case 7:19-cv-05721-KMK. (Signed by Judge Kenneth M. Karas on 7/11/2019) Filed In Associated Cases: 7:19-cv-05721-KMK, 7:19-cv-05744-KMK (jca)
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Filing 16
ORDER FOR ADMISSION PRO HAC VICE granting (18) Motion for C. Harker Rhodes IV to Appear Pro Hac Vice in case 7:19-cv-05721-KMK; granting (14) Motion for C. Harker Rhodes IV to Appear Pro Hac Vice in case 7:19-cv-05744-KMK. (Signed by Judge Kenneth M. Karas on 7/11/2019) Filed In Associated Cases: 7:19-cv-05721-KMK, 7:19-cv-05744-KMK (ks)
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| Filing 15 MOTION for Damon C. Andrews to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17220104. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AEIF TRADE, LLC, ASSF IV AIV B Holdings III, L.P., SPT Infrastructure Finance Sub-1, LLC, SPT Infrastructure Finance Sub-2, Ltd.. (Attachments: #1 Affidavit, #2 Certificates of Good Standing)(Andrews, Damon) |
| Filing 14 MOTION for C. Harker Rhodes IV to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-17219235. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AEIF TRADE, LLC, ASSF IV AIV B Holdings III, L.P., SPT Infrastructure Finance Sub-1, LLC, SPT Infrastructure Finance Sub-2, Ltd.. (Attachments: #1 Affidavit, #2 Certificates of Good Standing)Filed In Associated Cases: 7:19-cv-05721-KMK, 7:19-cv-05744-KMK(Rhodes, C.) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice re: Document No. #14 MOTION for C. Harker Rhodes IV to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17219235. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): the filing fee was not paid. Please pay the filing fee for this case also. Please call 212-805-0800 after fee is paid.. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (wb) |
| Pro Hac Vice Fee Payment: for #14 MOTION for C. Harker Rhodes IV to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17219235. Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-17219856.(Rhodes, C.) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Damon C. Andrews to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17220104. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for C. Harker Rhodes IV to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17219235. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 13 MEMORANDUM OF LAW in Opposition re: (3 in 7:19-cv-05744-KMK) MOTION for Leave to Appeal . Document filed by Black Diamond Capital Management, L.L.C.. Filed In Associated Cases: 7:19-cv-05721-KMK, 7:19-cv-05744-KMK(Okike, Christine) |
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Filing 12
MEMO ENDORSEMENT granting (11) MOTION to Intervene /Black Diamond Capital Management, L.L.C.'s Motion For Leave To Intervene In Appeal in case 7:19-cv-05721-KMK. ENDORSEMENT: The motion for leave to intervene is granted in light of the Parties' consent, (see Dkt. Nos. 14 + 15). SO ORDERED. (Signed by Judge Kenneth M. Karas on 7/8/2019) Filed In Associated Cases: 7:19-cv-05721-KMK, 7:19-cv-05744-KMK (jca)
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Filing 11
MEMO ENDORSEMENT with respect to (11) Motion to Intervene in case 7:19-cv-05721-KMK. ENDORSEMENT: The Parties are directed to respond, by 7/9/2019, as to whether they oppose the request to intervene. SO ORDERED. (Signed by Judge Kenneth M. Karas on 7/2/2019) Filed In Associated Cases: 7:19-cv-05721-KMK, 7:19-cv-05744-KMK (jca)
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| Set/Reset Deadlines: Responses due by 7/9/2019 Associated Cases: 7:19-cv-05721-KMK, 7:19-cv-05744-KMK(jca) |
| NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Unassigned is no longer assigned to the case. (ad) |
| Magistrate Judge Lisa M. Smith 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: #http://nysd.uscourts.gov/forms.php. (ad) |
| CASE ACCEPTED AS RELATED. Create association to 7:19-cv-05721-KMK. Notice of Assignment to follow. (ad) |
| Filing 10 MEMORANDUM OF LAW in Support re: #9 MOTION to Intervene /Black Diamond Capital Management, L.L.C.'s Motion For Leave To Intervene In Appeal. . Document filed by Black Diamond Capital Management, L.L.C.. (Okike, Christine) |
| Filing 9 MOTION to Intervene /Black Diamond Capital Management, L.L.C.'s Motion For Leave To Intervene In Appeal. Document filed by Black Diamond Capital Management, L.L.C..(Okike, Christine) |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Black Diamond CLO 2013-1 Ltd., Other Affiliate Black Diamond CLO 2014-1 Ltd., Other Affiliate BDCM Opportunity Fund IV, L.P. for Black Diamond Capital Management, L.L.C.. Document filed by Black Diamond Capital Management, L.L.C..(Okike, Christine) |
| CONSOLIDATED MEMBER CASE: Create association to 7:19-cv-05721-KMK.. (jca) |
| Filing 7 STATEMENT OF RELATEDNESS re: that this action be filed as related to 19-cv-05721. Document filed by AEIF TRADE, LLC, ASSF IV AIV B Holdings III, L.P., SPT Infrastructure Finance Sub-1, LLC, SPT Infrastructure Finance Sub-2, Ltd..(Schartz, Brian) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RELATED CASE STATEMENT. Notice to attorney Brian Evan Schartz to RE-FILE Document No. #6 Statement of Relatedness. The filing is deficient for the following reason(s): The incorrect form was filed. You can find the form on our website. Re-file the document using the event type Statement of Relatedness found under the event list Other Documents - select the correct filer - enter the related case number when prompted - and attach the correct PDF. (gp) |
| Filing 6 FILING ERROR - DEFICIENT PLEADING - STATEMENT OF RELATEDNESS INCORRECT FORM - STATEMENT OF RELATEDNESS re: that this action be filed as related to 7:19-cv-5721. Document filed by AEIF TRADE, LLC, ASSF IV AIV B Holdings III, L.P., SPT Infrastructure Finance Sub-1, LLC, SPT Infrastructure Finance Sub-2, Ltd..(Schartz, Brian) Modified on 6/26/2019 (gp). |
| Filing 5 CIVIL COVER SHEET filed. (Schartz, Brian) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate ASSF IV AIV B, L.P., Other Affiliate Ares Energy Investors Fund V, L.P. for ASSF IV AIV B Holdings III, L.P.; Other Affiliate Starwood Property Trust, Inc. for SPT Infrastructure Finance Sub-1, LLC, SPT Infrastructure Finance Sub-2, Ltd.; Other Affiliate Ares Energy Investors Fund V, L.P. for AEIF TRADE, LLC. Document filed by AEIF TRADE, LLC, ASSF IV AIV B Holdings III, L.P., SPT Infrastructure Finance Sub-1, LLC, SPT Infrastructure Finance Sub-2, Ltd..(Schartz, Brian) |
| Filing 3 MOTION for Leave to Appeal Document filed by AEIF TRADE, LLC, ASSF IV AIV B Holdings III, L.P., SPT Infrastructure Finance Sub-1, LLC and SPT Infrastructure Finance Sub-2, Ltd. (Attachments: #1 Exhibit A, #2 Exhibit B)(bkar) |
| Filing 2 CIVIL COVER SHEET filed. (bkar) |
| Filing 1 NOTICE OF APPEAL FROM THE BANKRUPTCY COURT TO THE S.D.N.Y. from the Order of Judge Robert D. Drain dated June 10, 2019. Bankruptcy Court Case Numbers: 19-B-23007 (RDD). Certified copies of file received.Document filed by AEIF TRADE, LLC, ASSF IV AIV B Holdings III, L.P., SPT Infrastructure Finance Sub-1, LLC and SPT Infrastructure Finance Sub-2, Ltd. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(bkar) |
| Case Designated ECF. (bkar) |
| BANKRUPTCY APPEAL CASE REFERRED BY COURT TO Judge Kenneth M. Karas as possibly related to 19-cv-5721. (bkar) |
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