In Re: Empire Generating Co, LLC
| Empire Generating Co, LLC |
| SPTIF Parent, LLC, AEIF TRADE, LLC and ASSF IV AIV B Holdings III, L.P. |
| Black Diamond Capital Management LLC |
| 7:2019cv09146 |
| October 2, 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
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This docket was last retrieved on November 25, 2019. A more recent docket listing may be available from PACER.
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| Filing 25 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) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #25 MOTION for George W. Hicks, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18140362. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
Filing 24
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)
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| CONSOLIDATED MEMBER CASE: Create association to 7:19-cv-09111-NSR.. (rj) |
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Filing 23
ORDER FOR ADMISSION PRO HAC VICE granting #21 MOTION for Aaron L. Nielson to Appear Pro Hac Vice. SO ORDERED. Clerk of the Court requested to terminate the motion (doc. 21). (Signed by Judge Nelson Stephen Roman on 11/18/2019) (jca)
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| Filing 22 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 21 MOTION for Aaron L. Nielson to Appear Pro Hac Vice . 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) |
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Filing 20
ORDER FOR ADMISSION PRO HAC VICE granting #15 Motion for Damon C. Andrews to Appear Pro Hac Vice. Clerk of the Court requested to terminate the motion (doc. 15). (Signed by Judge Nelson Stephen Roman on 11/14/2019) (rj)
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| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Peter Stone Partee to RE-FILE Document #16 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. #21 MOTION for Aaron L. Nielson 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. (vba) |
| Filing 19 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 18 SUPPLEMENTAL MOTION to Stay re: #9 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 17 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 16 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 15 MOTION for Damon C. Andrews to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17889071. 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 Text of Proposed Order)(Andrews, Damon) |
| >>>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-17889071. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 14 SUPPLEMENTAL MOTION to Stay re: #9 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 13 REPLY to Response to Motion re: #9 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 12 RESPONSE in Opposition to Motion re: #9 EMERGENCY MOTION to Stay Pending Appeal and Expedited Briefing Schedule. . Document filed by Empire Generating Co, LLC. (Partee, Peter) |
| Filing 11 COUNTER DESIGNATION OF BANKRUPTCY RECORD ON APPEAL Document filed by Appellee Empire Generating Co, LLC. (Rich, Robert) |
| Filing 10 RESPONSE in Opposition to Motion re: #9 EMERGENCY MOTION to Stay Pending Appeal and Expedited Briefing Schedule. . Document filed by Black Diamond Capital Management LLC. (Hogan, Albert) |
| Filing 9 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 8 STATEMENT OF RELATEDNESS re: that this action be filed as related to 7:19-cv-9111. Document filed by AEIF TRADE, LLC, ASSF IV AIV B Holdings III, L.P., SPTIF Parent, LLC.(Schartz, Brian) |
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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)
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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) Modified on 10/18/2019 (rj).
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| Filing 5 MOTION for Carl T. Tullson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17780379. 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-17780085. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Black Diamond Capital Management LLC. (Attachments: #1 A - Certificate of Good Standing, #2 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. #4 MOTION for Albert L. Hogan III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17780085. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| >>>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-17780379. 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 23, 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, #2 Exhibit 2, #3 Exhibit 3)(bkar) |
| Case Designated ECF. (bkar) |
| Magistrate Judge Paul E. Davison 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) |
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