In Re: Sears Holdings Corporation
| Kmart Holding Corporation, Sears Holdings Publishing Company, LLC, Sears Holdings Corporation, Innovel Solutions, Inc., Sears Buying Services, Inc., Sears Protection Company (Florida), L.L.C., SHC Promotions LLC, MaxServ, Inc, Kmart of Washington LLC, BlueLight.com, Inc., A&E Home Delivery, LLC, A&E Factory Service LLC, SRe Holding Corporation, Sears Protection Company, Kmart Stores of Illinois LLC, Kmart Stores of Texas LLC, A&E Signature Service, LLC, Sears Insurance Services, L.L.C., Kmart Operations LLC, Troy Coolidge No. 13, LLC, StarWest, LLC, Kmart Corporation, KLC, Inc., SOE, Inc., Sears Home Improvement Products, Inc., SHC Desert Springs, LLC, Big Beaver of Florida Development, LLC., ServiceLive Inc., Sears Protection Company (PR) Inc., Sears, Roebuck & Co., Florida Builder Appliances, Inc., Wally Labs LLC, Sears Development Co., Kmart of Michigan, Inc., California Builder Appliances, Inc., MyGofer LLC, Sears Home & Business Franchises, Inc., Sears Operations LLC, Sears Brands Business Unit Corporation, Sears, Roebuck de Puerto Rico, Inc., SYW Relay LLC, SHC Licensed Business LLC, Sears Roebuck Acceptance Corp., STI Merchandising, Inc., Sears Brands Management Corporation, KBL Holding Inc., Sears Procurement Services, Inc., Private Brands, Ltd., FBA Holdings Inc., Sears Brands, L.L.C., Kmart.com LLC, A&E Lawn & Garden, LLC, Sears Holdings Management Corporation and Official Committee of Unsecured Creditors of Sears Holdings Corporation, et al |
| Cyrus Capital Partners, L.P. |
| Wilmington Trust, National Association and ESL Investments, Inc. |
| 7:2019cv07782 |
| August 20, 2019 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 0158 |
| None |
Docket Report
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This docket was last retrieved on October 17, 2019. A more recent docket listing may be available from PACER.
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| Minute Entry for proceedings held before Judge Vincent L. Briccetti: Status Conference held on 10/17/2019. (Court Reporter Angela O'Donnell)Order to follow. (dh) |
Filing 22
ORDER FOR ADMISSION PRO HAC VICE granting #19 Motion for Thomas R. Kreller to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Vincent L. Briccetti on 10/15/2019) (mml)
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Filing 21
ORDER FOR ADMISSION PRO HAC VICE granting #20 Motion for Eric R. Reimer to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Vincent L. Briccetti on 10/15/2019) (mml)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (17 in 7:19-cv-07697-VB, 20 in 7:19-cv-07782-VB, 37 in 7:19-cv-07660-VB) MOTION for Eric R. Reimer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-17767077. Motion and supporting papers to be reviewed by Clerk's Office staff., (36 in 7:19-cv-07660-VB, 16 in 7:19-cv-07697-VB, 19 in 7:19-cv-07782-VB) MOTION for Thomas R. Kreller to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 7:19-cv-07660-VB, 7:19-cv-07697-VB, 7:19-cv-07782-VB(wb) |
| Filing 20 MOTION for Eric R. Reimer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-17767077. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cyrus Capital Partners, L.P..Filed In Associated Cases: 7:19-cv-07660-VB, 7:19-cv-07697-VB, 7:19-cv-07782-VB(Reimer, Eric) |
| Filing 19 MOTION for Thomas R. Kreller to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cyrus Capital Partners, L.P..Filed In Associated Cases: 7:19-cv-07660-VB, 7:19-cv-07697-VB, 7:19-cv-07782-VB(Kreller, Thomas) |
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Filing 18
ORDER FOR ADMISSION PRO HAC VICE granting (30) Motion for Paul R. Genender to Appear Pro Hac Vice in case 7:19-cv-07660-VB. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned cases in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Vincent L. Briccetti on 10/9/2019) Filed In Associated Cases: 7:19-cv-07660-VB, 7:19-cv-07697-VB, 7:19-cv-07782-VB (mml)
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| Filing 17 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Thomas R. Kreller to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-17734664. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cyrus Capital Partners, L.P..Filed In Associated Cases: 7:19-cv-07660-VB, 7:19-cv-07697-VB, 7:19-cv-07782-VB(Kreller, Thomas) Modified on 10/8/2019 (wb). |
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Filing 16
ORDER terminating #15 Letter Motion to Consolidate Cases: Because Debtors have not yet filed a motion to stay the Debtors' 506(c) Appeal, the Court will DISREGARD the instant letter-motion to the extent it purports to be a response to such a motion. The Court will also DISREGARD the letter-motion to the extent it reiterates the arguments previously made in the Direct Certification Motion. It appears that counsel for the Second Lien Holders believe their clients' position is somehow advanced by making premature and/or repetitive arguments to the Court. In that regard, counsel is mistaken. To the extent the letter-motion requests that the 506(c) Appeals be consolidated with the 507(b) Appeals, that application is DENIED WITHOUT PREJUDICE. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (srs)
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| Filing 15 LETTER MOTION to Consolidate Cases 19-cv-8002; 19-cv-7782; 19-cv-7660; 19-cv-8237; 19-cv-7697 and to Certify for Direct Appeal; and response to Debtors' September 27, 2019 letter addressed to Judge Vincent L. Briccetti from Thomas J. Moloney dated October 4, 2019. Document filed by ESL Investments, Inc..(Moloney, Thomas) |
| CONSOLIDATED MEMBER CASE: Create association to 7:19-cv-07660-VB. (mml) |
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Filing 14
ORDER granting in part and denying in part #13 Letter Motion to Consolidate Cases: The request to consolidate cases 19cv7660 (VB), 19cv7697 (VB), and 19cv7782 (VB) (the 507(b) appeals) is GRANTED. However, the request to consolidate cases 19cv8002 (NSR) and 19cv8237 (UA) (the 506(c) appeals) is DENIED WITHOUT PREJUDICE, subject to further order of the Court. The 506(c) appeals are not "related" as that term is defined in Rule 13 of the SDNY Rules for the Division of Business. Moreover, neither of the 506(c) appeals is currently assigned to Judge Briccetti. Judge Briccetti will confer with Judge Roman regarding the assignment of the 506(c) appeals. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (Briccetti, Vincent)
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| Filing 13 LETTER MOTION to Consolidate Cases 7:19-cv-7660-VB, 7:19-cv-07697-VB, 7:19-cv-7782-VB, 7:19-cv-8002-NSR, and 7:19-cv-8237-UA addressed to Judge Vincent L. Briccetti from Edward M. Fox dated September 19, 2019. Document filed by Wilmington Trust, National Association.(Wolfe, Owen) |
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Filing 12
ORDER FOR PRO HAC VICE ADMISSION granting #9 Motion for Ze-Wen Julius Chen to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Vincent L. Briccetti on 9/19/2019) (mml)
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| Filing 11 NOTICE OF APPEARANCE by Owen Richard Wolfe on behalf of Wilmington Trust, National Association. (Wolfe, Owen) |
| Filing 10 NOTICE OF APPEARANCE by Edward M. Fox on behalf of Wilmington Trust, National Association. (Fox, Edward) |
| Filing 9 MOTION for Ze-Wen Julius Chen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17626918. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Official Committee of Unsecured Creditors of Sears Holdings Corporation, et al.(Chen, Z.W.) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Ze-Wen Julius Chen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17626918. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 8 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 10/18/2019. (bmlo) |
| Filing 7 COUNTER DESIGNATION OF BANKRUPTCY RECORD ON APPEAL. Document filed by Appellee Sears Holdings Corporation. (bmlo) |
| Filing 6 NOTICE OF APPEARANCE by Joseph Lee Sorkin on behalf of Official Committee of Unsecured Creditors of Sears Holdings Corporation, et al. (Sorkin, Joseph) |
| Filing 5 DESIGNATION OF BANKRUPTCY RECORD ON APPEAL and Statement of Issues. Document filed by Appellant Cyrus Capital Partners, L.P. (bmlo) |
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Filing 4
BANKRUPTCY APPEAL SCHEDULING AND INITIAL CONFERENCE ORDER: The above-captioned banhuptcy appeal having been docketed in the District Court on 8-20-19, and assigned to the Hon. Vincent L. Briccetti, it is hereby ORDERED: 1. The briefing schedule and format and length specifications set forth in the applicable provisions of Federal Rules of Bankruptcy Procedure 8015 through 8018 apply unless otherwise ordered by the Court. 2. The parties shall promptly provide to the Court a suitably bound courtesy copy of the Joint Appendix or other compilation(s) comprising the documents designated for the record on appeal, as well as courtesy copies of their briefs and other filings in connection with the appeal. 3. A conference will be held herein on 10-17-19, at 11:30 a.m., at the United States Courthouse, Courtroom 620, 300 Quarropas Street, White Plains, NY 10601. 4. Counsel for the parties, and individual parties proceeding pro se, shall confer at least 14 days prior to the date set forth in paragraph 3 to discuss the following matters: (i) settlement; (ii) whether mediation might facilitate resolution of the issues; and (iii) a schedule for any further submissions that may be required in connection with the appeal. Counsel (and any pro se parties) must be prepared to discuss the foregoing at the conference. 5. Counsel attending the conference must seek settlement authority from their respective clients prior to such conference. If counsel is not granted such authority, the client must be present in person or available by telephone so that a settlement can be consummated if possible. Initial Conference set for 10/17/2019 at 11:30 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. (Signed by Judge Vincent L. Briccetti on 8/22/2019) (mml)
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| CASE ACCEPTED AS RELATED. Create association to 7:19-cv-07660-VB. Notice of Assignment to follow. (wb) |
| CASE ACCEPTED AS RELATED. Create association to 7:19-cv-07697-VB. Notice of Assignment to follow. (wb) |
| 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. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Unassigned is no longer assigned to the case. (wb) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 19-cv-07660 and 19-cv-07697. Document filed by Cyrus Capital Partners, L.P.(bmlo) |
| Filing 2 CIVIL COVER SHEET filed. (bmlo) |
| Filing 1 NOTICE OF APPEAL FROM THE BANKRUPTCY COURT TO THE S.D.N.Y. from the Order of Judge Robert D. Drain dated 08/05/2019. Bankruptcy Court Case Numbers: 18-B-23538 (RDD). Certified copies of file received. Document filed by Cyrus Capital Partners, L.P.(bmlo) |
| Case Designated ECF. (bmlo) |
| BANKRUPTCY APPEAL CASE REFERRED BY ATTORNEY TO Judge Vincent L. Briccetti as possibly related to 19-cv-07660 and 19-cv-07697. (bmlo) |
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