In Re: Empire Generating Co, LLC
| Empire Generating Co, LLC |
| SPTIF Parent, LLC, AEIF TRADE, LLC, ASSF IV AIV B Holdings III, L.P. and SSF IV Energy II AIV, L.P. |
| Black Diamond Capital Management LLC |
| 7:2019cv09111 |
| October 1, 2019 |
| US District Court for the Southern District of New York |
| Nelson Stephen Roman |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 0158 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 24, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 36 Appellant's REPLY BRIEF. Document filed by AEIF TRADE, LLC, SPTIF Parent, LLC, SSF IV Energy II AIV, L.P.. Filed In Associated Cases: 7:19-cv-09111-NSR, 7:19-cv-09146-NSR(Schartz, Brian) |
| Filing 35 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Ares Management LLC, Other Affiliate ASSF IV AIV B Holdings III, L.P., Other Affiliate SSF IV Energy II Cayman Feeder, L.P., Other Affiliate SSF IV Energy II Delaware Feeder, L.P., Other Affiliate ASSF Operating Manager IV, L.P., Other Affiliate Ares Management Corporation for SSF IV Energy II AIV, L.P., SSF IV Energy II AIV, L.P.; Other Affiliate Ares Energy Investors Fund V, L.P., Other Affiliate Ares Energy Investors Fund V, L.P., Other Affiliate Ares Management Corporation, Other Affiliate Ares EIF Management, LLC, for AEIF TRADE, LLC, AEIF TRADE, LLC. Document filed by AEIF TRADE, LLC, SSF IV Energy II AIV, L.P..Filed In Associated Cases: 7:19-cv-09111-NSR, 7:19-cv-09146-NSR(Hicks, George) |
| Filing 34 OPPOSITION BRIEF re: (28 in 7:19-cv-09146-NSR, 31 in 7:19-cv-09111-NSR) Appellant's Brief, (33 in 7:19-cv-09111-NSR, 30 in 7:19-cv-09146-NSR) Declaration in Support, (29 in 7:19-cv-09146-NSR, 32 in 7:19-cv-09111-NSR) Appellee's Brief Answering Brief of Black Diamond Capital Management, L.L.C.. Document filed by Black Diamond Capital Management LLC. (Attachments: #1 Exhibit A)Filed In Associated Cases: 7:19-cv-09111-NSR, 7:19-cv-09146-NSR(Hogan, Albert) |
| Filing 33 DECLARATION of Jeffrey Maida in Support re: (32 in 7:19-cv-09111-NSR) Appellee's Brief. Document filed by Empire Generating Co, LLC. Filed In Associated Cases: 7:19-cv-09111-NSR, 7:19-cv-09146-NSR(Partee, Peter) |
| Filing 32 Appellee's BRIEF. Document filed by Empire Generating Co, LLC. Appellant Reply Brief due by 1/21/2020. Filed In Associated Cases: 7:19-cv-09111-NSR, 7:19-cv-09146-NSR(Partee, Peter) |
| Filing 31 Appellant's BRIEF. Document filed by AEIF TRADE, LLC, ASSF IV AIV B Holdings III, L.P., SPTIF Parent, LLC. Appellee Brief due by 1/6/2020. (Attachments: #1 Appendix Volume 1, #2 Appendix Volume 2, #3 Appendix Volume 3, #4 Appendix Volume 4, #5 Appendix Volume 5, #6 Appendix Volume 6, #7 Appendix Volume 7, #8 Appendix Volume 8, #9 Appendix Volume 9, #10 Appendix Volume 10)Filed In Associated Cases: 7:19-cv-09111-NSR, 7:19-cv-09146-NSR(Schartz, Brian) |
| Filing 30 SUPPLEMENTAL DESIGNATION OF BANKRUPTCY RECORD ON APPEAL re: (1 in 7:19-cv-09146-NSR) Bankruptcy Appeal, (1 in 7:19-cv-09111-NSR) Bankruptcy Appeal,. Document filed by Appellants AEIF TRADE, LLC, ASSF IV AIV B Holdings III, L.P., SPTIF Parent, LLC. (Attachments: #1 Exhibit A)Filed In Associated Cases: 7:19-cv-09111-NSR, 7:19-cv-09146-NSR(Schartz, Brian) |
Filing 29
ORDER FOR ADMISSION PRO HAC VICE granting (28) Motion for George W. Hicks, Jr. to Appear Pro Hac Vice in case 7:19-cv-09111-NSR. Clerk of the Court requested to terminate the motion (doc. 28). SO ORDERED. (Signed by Judge Nelson Stephen Roman on 12/4/2019) Filed In Associated Cases: 7:19-cv-09111-NSR, 7:19-cv-09146-NSR (rj)
|
| Filing 28 MOTION for George W. Hicks, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-18140362. 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., SPTIF Parent, LLC. (Attachments: #1 Affidavit, #2 Exhibit Cert. of Good Standing - D.C., #3 Exhibit Cert. of Good Standing - VA, #4 Text of Proposed Order)Filed In Associated Cases: 7:19-cv-09111-NSR, 7:19-cv-09146-NSR(Hicks, George) |
|
Filing 27
ORDER GRANTING UNOPPOSED MOTION TO CONSOLIDATE APPEALS granting #18 Motion to Consolidate Cases 7:19-cv-9111 (as Lead Case) with 7:19-cv-9146. It is here by ORDERED that: 1. The Motion is GRANTED. 2. Appeal Nos. 7: 19-cv-9111 and 7: 19- cv-9146 are hereby consolidated pursuant to Federal Rule of Civil Procedure 42(a). All documents shall bear both captions and both docket numbers in Appeal Nos. 7:l9-cv-9111 (NSR) and 7: 19-cv-9146 (NSR) with the lead case being Appeal No. 7:19-cv-9111 (NSR). Clerk of the Court requested to terminate the motion (doc. 18). SO ORDERED. (Signed by Judge Nelson Stephen Roman on 11/18/2019) (rj)
|
|
Filing 26
ORDER FOR ADMISSION PRO HAC VICE granting #23 MOTION for Aaron L. Nielson to Appear Pro Hac Vice. SO ORDERED. Clerk of the Court requested to terminate the motion (doc. 23). (Signed by Judge Nelson Stephen Roman on 11/18/2019) (jca)
|
| Filing 25 REPLY to Response to Motion re: #18 MOTION to Consolidate Cases 7:19-cv-9111 and 7:19-cv-9146 . . Document filed by AEIF TRADE, LLC, ASSF IV AIV B Holdings III, L.P., SPTIF Parent, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Schartz, Brian) |
| Filing 24 SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Black Diamond Capital Management, L.L.C., Corporate Parent Empire Acquisition, LLC for Empire Generating Co, LLC. Document filed by Empire Generating Co, LLC.(Partee, Peter) |
| Filing 23 MOTION for Aaron L. Nielson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18064158. 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., SPTIF Parent, LLC. (Attachments: #1 Affidavit, #2 Certificates of Good Standing, #3 Proposed Order)(Nielson, Aaron) |
|
Filing 22
ORDER FOR ADMISSION PRO HAC VICE granting #14 Motion for Damon C. Andrews to Appear Pro Hac Vice. Clerk of the Court requested to terminate the motion (doc. 14). (Signed by Judge Nelson Stephen Roman on 11/14/2019) (rj)
|
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Peter Stone Partee to RE-FILE Document #15 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Not All Corporate Parents/Other affiliates were added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (ldi) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 MOTION for Aaron L. Nielson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18064158. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 21 RESPONSE to Motion re: #18 MOTION to Consolidate Cases 7:19-cv-9111 and 7:19-cv-9146 . . Document filed by Black Diamond Capital Management LLC. (Hogan, Albert) |
| Filing 20 NOTICE of Notice Regarding Court's Request for Stipulation Governing Briefing. Document filed by AEIF TRADE, LLC, ASSF IV AIV B Holdings III, L.P., SPTIF Parent, LLC. (Attachments: #1 Exhibit 1)(Schartz, Brian) |
| Filing 19 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #20 Notice) - NOTICE of Notice Regarding Court's Request for Stipulation Governing Briefing. Document filed by AEIF TRADE, LLC, ASSF IV AIV B Holdings III, L.P., SPTIF Parent, LLC. (Attachments: #1 Exhibit 1)(Schartz, Brian) Modified on 11/14/2019 (db). |
| Filing 18 MOTION to Consolidate Cases 7:19-cv-9111 and 7:19-cv-9146 . Document filed by AEIF TRADE, LLC, ASSF IV AIV B Holdings III, L.P., SPTIF Parent, LLC. (Attachments: #1 Exhibit 1 - Proposed Order)(Schartz, Brian) |
| Filing 17 SUPPLEMENTAL MOTION to Stay re: #8 EMERGENCY MOTION to Stay Pending Appeal and Expedited Briefing Schedule. . Document filed by AEIF TRADE, LLC, ASSF IV AIV B Holdings III, L.P., SPTIF Parent, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Schartz, Brian) |
| Filing 16 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 12/5/2019. (bkar) |
| Filing 15 FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Black Diamond Capital Management, L.L.C., Corporate Parent Empire Acquisition, LLC for Empire Generating Co, LLC. Document filed by Empire Generating Co, LLC.(Partee, Peter) Modified on 11/14/2019 (ldi). |
| Filing 14 MOTION for Damon C. Andrews to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17888837. 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., SPTIF Parent, LLC. (Attachments: #1 Affidavit, #2 Exhibit Certificates of Good Standing, #3 Text of Proposed Order)(Andrews, Damon) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Damon C. Andrews to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17888837. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 13 SUPPLEMENTAL MOTION to Stay re: #8 EMERGENCY MOTION to Stay Pending Appeal and Expedited Briefing Schedule. . Document filed by AEIF TRADE, LLC, ASSF IV AIV B Holdings III, L.P., SPTIF Parent, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Schartz, Brian) |
| Filing 12 REPLY to Response to Motion re: #8 EMERGENCY MOTION to Stay Pending Appeal and Expedited Briefing Schedule. . Document filed by AEIF TRADE, LLC, ASSF IV AIV B Holdings III, L.P., SPTIF Parent, LLC. (Attachments: #1 Exhibit 1)(Schartz, Brian) |
| Filing 11 RESPONSE in Opposition to Motion re: #8 EMERGENCY MOTION to Stay Pending Appeal and Expedited Briefing Schedule. . Document filed by Empire Generating Co, LLC. (Partee, Peter) |
| Filing 10 COUNTER DESIGNATION OF BANKRUPTCY RECORD ON APPEAL Document filed by Appellee Empire Generating Co, LLC. (Rich, Robert) |
| Filing 9 RESPONSE in Opposition to Motion re: #8 EMERGENCY MOTION to Stay Pending Appeal and Expedited Briefing Schedule. . Document filed by Black Diamond Capital Management LLC. (Hogan, Albert) |
| Filing 8 EMERGENCY MOTION to Stay Pending Appeal and Expedited Briefing Schedule. Document filed by AEIF TRADE, LLC, ASSF IV AIV B Holdings III, L.P., SPTIF Parent, LLC. (Attachments: #1 Exhibit 1 - Affidavit of George W. Hicks, Jr., #2 Exhibit 2 - Proposed Order)(Schartz, Brian) |
|
Filing 7
ORDER FOR ADMISSION PRO HAC VICE granting #4 Motion for Albert L. Hogan III to Appear Pro Hac Vice. Clerk of the Court requested to terminate the motions (doc. 4) in both cases. IT IS SO ORDERED. (Signed by Judge Nelson Stephen Roman on 10/18/2019) (rj)
|
|
Filing 6
ORDER FOR ADMISSION PRO HAC VICE granting #5 Motion for Carl T. Tullson to Appear Pro Hac Vice. Clerk of the Court requested to terminate the motion (doc.5) in both cases. IT IS SO ORDERED. (Signed by Judge Nelson Stephen Roman on 10/18/2019) (rj)
|
| Filing 5 MOTION for Carl T. Tullson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17780427. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Black Diamond Capital Management LLC. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B - Declaration in Support of Motion for Admission Pro Hac Vice, #3 Proposed Order)(Tullson, Carl) |
| Filing 4 MOTION for Albert L. Hogan III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17780236. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Black Diamond Capital Management LLC. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B - Declaration in Support of Motion for Admission Pro Hac Vice, #3 Proposed Order)(Hogan, Albert) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #5 MOTION for Carl T. Tullson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17780427. Motion and supporting papers to be reviewed by Clerk's Office staff., #4 MOTION for Albert L. Hogan III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17780236. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 3 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., SPTIF Parent, LLC. (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 September 18, 2019. Bankruptcy Court Case Numbers: 19-B-23007 (RDD). Certified copies of file received.Document filed by ASSF IV AIV B Holdings III, L.P., AEIF TRADE, LLC, SPTIF Parent, LLC. (Attachments: #1 Exhibit 1 - Part 1, #2 Exhibit 1 - Part 2, #3 Exhibit 2, #4 Exhibit 3)(bkar) |
| Case Designated ECF. (bkar) |
| 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. (bkar) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
