In Re: Windstream Holdings, Inc.
Appellee: Windstream Holdings, Inc. and Official Committee of Unsecured Creditors of Windstream Holdings, Inc.
Appellant: Charter Communications, Inc. and Charter Communications Operating, LLC
Case Number: 7:2020cv00121
Filed: January 7, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Kenneth M Karas
Referring Judge: Cathy Seibel
Nature of Suit: Bankruptcy Appeal (801)
Cause of Action: 28 U.S.C. § 0158
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 24, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 4, 2020 Filing 25 LETTER addressed to Judge Cathy Seibel from John S. Kingston dated March 4, 2020 re: Post-Briefing Developments. Document filed by Charter Communications Operating, LLC, Charter Communications, Inc...(Kingston, John)
February 28, 2020 Filing 24 LETTER addressed to Judge Cathy Seibel from John S. Kingston dated February 28, 2020 re: Post-Briefing Developments. Document filed by Charter Communications Operating, LLC, Charter Communications, Inc...(Kingston, John)
February 21, 2020 Filing 23 REPLY MEMORANDUM OF LAW in Support re: #17 MOTION to Dismiss the Notice of Appeal (This case is governed by the Federal Rules of Bankruptcy Procedure. Fed. R. Bankr. P. 8001; see S.D.N.Y. Local Rule 1.1. Consistent with Bankruptcy Rule 8013(a)(2)(D), this document is styled as a motion an . Document filed by Windstream Holdings, Inc...(Ross, Terence)
February 19, 2020 Filing 22 LETTER addressed to Judge Cathy Seibel from Brian W. Hockett dated February 19, 2020 re: Revised Exhibit B to Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion to Dismiss the Notice of Appeal (Dkt. No 19). Document filed by Charter Communications Operating, LLC, Charter Communications, Inc.. (Attachments: #1 Revised Exhibit B).(Hockett, Brian)
February 18, 2020 Filing 21 LETTER MOTION for Oral Argument re Plaintiffs' Motion to Dismiss Appeal addressed to Judge Cathy Seibel from Brian W. Hockett dated February 18, 2020. Document filed by Charter Communications Operating, LLC, Charter Communications, Inc...(Hockett, Brian)
February 18, 2020 Filing 20 DESIGNATION OF BANKRUPTCY RECORD ON APPEAL re: #1 Bankruptcy Appeal,. Document filed by Appellants Charter Communications Operating, LLC, Charter Communications, Inc..(bkar)
February 17, 2020 Filing 19 MEMORANDUM OF LAW in Opposition re: #17 MOTION to Dismiss the Notice of Appeal (This case is governed by the Federal Rules of Bankruptcy Procedure. Fed. R. Bankr. P. 8001; see S.D.N.Y. Local Rule 1.1. Consistent with Bankruptcy Rule 8013(a)(2)(D), this document is styled as a motion an . Document filed by Charter Communications Operating, LLC, Charter Communications, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Kingston, John)
February 7, 2020 Filing 18 DECLARATION of Grace A. Thompson in Support re: #17 MOTION to Dismiss the Notice of Appeal (This case is governed by the Federal Rules of Bankruptcy Procedure. Fed. R. Bankr. P. 8001; see S.D.N.Y. Local Rule 1.1. Consistent with Bankruptcy Rule 8013(a)(2)(D), this document is styled as a motion an. Document filed by Windstream Holdings, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B).(Ross, Terence)
February 7, 2020 Filing 17 MOTION to Dismiss the Notice of Appeal (This case is governed by the Federal Rules of Bankruptcy Procedure. Fed. R. Bankr. P. 8001; see S.D.N.Y. Local Rule 1.1. Consistent with Bankruptcy Rule 8013(a)(2)(D), this document is styled as a motion and is not accompanied by a separate memorandum in support or a notice of motion). Document filed by Windstream Holdings, Inc...(Ross, Terence)
January 30, 2020 Opinion or Order Filing 16 MEMO ENDORSEMENT on re: #15 Letter filed by Charter Communications Operating, LLC, Charter Communications, Inc. ENDORSEMENT: Schedule approved. Windstream's motion due 2/7/20. Charter's opposition due 2/17/20. Windstream's reply due 2/21/20. SO ORDERED. (Motions due by 2/7/2020. Responses due by 2/17/2020, Replies due by 2/21/2020.) (Signed by Judge Cathy Seibel on 1/30/2020) (mml)
January 30, 2020 Filing 15 LETTER addressed to Judge Cathy Seibel from John S. Kingston dated 1/30/20 re: Motion to Dismiss Appeal. Document filed by Charter Communications Operating, LLC, Charter Communications, Inc..(Kingston, John)
January 28, 2020 Opinion or Order Filing 14 ORDER granting #13 Letter Motion for Leave to File Document: The requirement of a pre-motion conference is waived. The parties should confer on a briefing schedule for the motion to dismiss, and propose it (or their dueling proposals) to the Court by letter no later than 2/3/20. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
January 27, 2020 NOTICE OF CASE REASSIGNMENT to Judge Cathy Seibel. Judge Kenneth M. Karas is no longer assigned to the case. (wb)
January 23, 2020 Filing 13 LETTER MOTION for Leave to File Motion To Dismiss The Notice Of Appeal addressed to Judge Kenneth M. Karas from Terence P. Ross dated 1/23/2020. Document filed by Windstream Holdings, Inc..(Ross, Terence)
January 17, 2020 Opinion or Order Filing 12 MEMO ENDORSEMENT granting #10 MOTION to Seal APPELLANTS' MOTION TO ACCEPT DOCUMENTS SEALED BY THE BANKRUPTCY COURT AS PART OF THE RECORD ON APPEAL. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Kenneth M. Karas on 1/17/2020) (jca)
January 16, 2020 Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Liberty Broadband Corporation for Charter Communications, Inc.. Document filed by Charter Communications Operating, LLC, Charter Communications, Inc..(Kingston, John)
January 16, 2020 Filing 10 MOTION to Seal APPELLANTS' MOTION TO ACCEPT DOCUMENTS SEALED BY THE BANKRUPTCY COURT AS PART OF THE RECORD ON APPEAL. Document filed by Charter Communications Operating, LLC, Charter Communications, Inc..(Kingston, John)
January 15, 2020 Filing 9 FOURTH RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Windstream New York, Inc., Other Affiliate Windstream Services, LLC, Other Affiliate Windstream Holding of the Midwest, Inc., Other Affiliate Windstream Iowa Communications, LLC, Other Affiliate Windstream Iowa-Comm, LLC, Other Affiliate Windstream IT-Comm, LLC, Other Affiliate Windstream KDL, LLC, Other Affiliate Windstream KDL-VA, LLC, Other Affiliate Windstream Kentucky East, LLC, Other Affiliate Windstream Kentucky West, LLC, Other Affiliate Windstream Kerrville Long Distance, LLC, Other Affiliate Windstream Lakedale Link, Inc., Other Affiliate Windstream Lakedale, Inc., Other Affiliate Windstream Leasing, LLC, Other Affiliate Windstream Lexcom Communications, LLC, Other Affiliate Windstream Lexcom Entertainment, LLC, Other Affiliate Windstream Lexcom Long Distance, LLC, Other Affiliate Windstream Lexcom Wireless, LLC, Other Affiliate Windstream Mississippi, LLC, Other Affiliate Windstream Missouri, LLC, Other Affiliate Windstream Montezuma, LLC, Other Affiliate Windstream Nebraska, Inc., Other Affiliate Windstream Network Services of the Midwest, Inc., Other Affiliate Windstream Norlight, LLC, Other Affiliate Windstream North Carolina, LLC, Other Affiliate Windstream NorthStar, LLC, Other Affiliate Windstream NTI, LLC, Other Affiliate Windstream NuVox Arkansas, LLC, Other Affiliate Windstream NuVox Illinois, LLC, Other Affiliate Windstream NuVox Indiana, LLC, Other Affiliate Windstream NuVox Kansas, LLC, Other Affiliate Windstream NuVox Missouri, LLC, Other Affiliate Windstream NuVox Ohio, LLC, Other Affiliate Windstream NuVox Oklahoma, LLC, Other Affiliate Windstream NuVox, LLC, Other Affiliate Windstream of the Midwest, Inc., Other Affiliate Windstream Ohio, LLC, Other Affiliate Windstream Oklahoma, LLC, Other Affiliate Windstream Pennsylvania, LLC, Other Affiliate Windstream SHAL Networks, Inc., Other Affiliate Windstream SHAL, LLC, Other Affiliate Windstream Shared Services, LLC, Other Affiliate Windstream South Carolina, LLC, Other Affiliate Windstream Southwest Long Distance, LLC, Other Affiliate Windstream Standard, LLC, Other Affiliate Windstream Sugar Land, LLC, Other Affiliate Windstream Supply, LLC, Other Affiliate Windstream Systems of the Midwest, Inc., Other Affiliate Windstream Western Reserve, LLC, Other Affiliate XETA Technologies, Inc. for Windstream Holdings, Inc.. Document filed by Windstream Holdings, Inc.. (Attachments: #1 Exhibit A - List Of Entities)(Ross, Terence)
January 15, 2020 Filing 8 THIRD RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate US LEC Communications LLC, Other Affiliate Progress Place Realty Holding Company, LLC, Other Affiliate RevChain Solutions, LLC, Other Affiliate SM Holdings, LLC, Other Affiliate Southwest Enhanced Network Services, LLC, Other Affiliate Talk America of Virginia, LLC, Other Affiliate Talk America, LLC, Other Affiliate Teleview, LLC, Other Affiliate Texas Windstream, LLC, Other Affiliate The Other Phone Company, LLC, Other Affiliate Trinet, LLC, Other Affiliate TruCom Corporation, Other Affiliate US LEC of Alabama LLC, Other Affiliate US LEC of Florida LLC, Other Affiliate US LEC of Georgia LLC, Other Affiliate US LEC of Maryland LLC, Other Affiliate US LEC of North Carolina LLC, Other Affiliate US LEC of Pennsylvania LLC, Other Affiliate US LEC of South Carolina LLC, Other Affiliate US LEC of Tennessee LLC, Other Affiliate US LEC of Virginia LLC, Other Affiliate US Xchange of Illinois, L.L.C., Other Affiliate US Xchange of Indiana, L.L.C., Other Affiliate US Xchange of Michigan, L.L.C., Other Affiliate US Xchange of Wisconsin, L.L.C., Other Affiliate US Xchange, Inc., Other Affiliate Valor Telecommunications of Texas, LLC, Other Affiliate WaveTel NC License Corporation, Other Affiliate WIN Sales & Leasing, Inc., Other Affiliate Windstream Accucomm Networks, LLC, Other Affiliate Windstream Accucomm Telecommunications, LLC, Other Affiliate Windstream Alabama, LLC, Other Affiliate Windstream Arkansas, LLC, Other Affiliate Windstream Buffalo Valley, Inc., Other Affiliate Windstream Business Holdings, LLC, Other Affiliate Windstream BV Holdings, LLC, Other Affiliate Windstream Cavalier, LLC, Other Affiliate Windstream Communications Kerrville, LLC, Other Affiliate Windstream Communications Telecom, LLC, Other Affiliate Windstream Communications, LLC, Other Affiliate Windstream Concord Telephone, LLC, Other Affiliate Windstream Conestoga, Inc., Other Affiliate Windstream CTC Internet Services, Inc., Other Affiliate Windstream D&E Systems, LLC, Other Affiliate Windstream D&E, Inc., Other Affiliate Windstream Direct, LLC, Other Affiliate Windstream Eagle Holdings, LLC, Other Affiliate Windstream Eagle Services, LLC, Other Affiliate Windstream EN-TEL, LLC, Other Affiliate Windstream Finance Corp., Other Affiliate Windstream Florida, LLC, Other Affiliate Windstream Georgia Communications, LLC, Other Affiliate Windstream Georgia Telephone, LLC, Other Affiliate Windstream Georgia, LLC for Windstream Holdings, Inc.. Document filed by Windstream Holdings, Inc.. (Attachments: #1 Exhibit A - List Of Entities)(Ross, Terence)
January 15, 2020 Filing 7 SECOND RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Eureka Telecom, Inc., Other Affiliate Paetec Communications, LLC, Other Affiliate Conversent Communications of Rhode Island, LLC, Other Affiliate Conversent Communications of Vermont, LLC, Other Affiliate Conversent Communications Resale, L.L.C., Other Affiliate CoreComm Communications, LLC, Other Affiliate CoreComm-ATX, Inc., Other Affiliate CTC Communications Corporation, Other Affiliate CTC Communications of Virginia, Inc., Other Affiliate D&E Communications, LLC, Other Affiliate D&E Management Services, Inc., Other Affiliate D&E Networks, Inc., Other Affiliate D&E Wireless, Inc., Other Affiliate DeltaCom, LLC, Other Affiliate EarthLink Business, LLC, Other Affiliate EarthLink Carrier, LLC, Other Affiliate Equity Leasing, Inc., Other Affiliate Eureka Holdings, LLC, Other Affiliate Eureka Networks, LLC, Other Affiliate Eureka Telecom of VA, Inc., Other Affiliate Georgia Windstream, LLC, Other Affiliate Heart of the Lakes Cable Systems, Inc., Other Affiliate Infocore, Inc., Other Affiliate Info-Highway International, Inc., Other Affiliate InfoHighway of Virginia, Inc., Other Affiliate Intellifiber Networks, LLC, Other Affiliate Iowa Telecom Data Services, L.C., Other Affiliate Iowa Telecom Technologies, LLC, Other Affiliate IWA Services, LLC, Other Affiliate KDL Holdings, LLC, Other Affiliate LDMI Telecommunications, LLC, Other Affiliate Lightship Telecom, LLC, Other Affiliate MASSCOMM, LLC, Other Affiliate McLeodUSA Information Services LLC, Other Affiliate McLeodUSA Purchasing, L.L.C., Other Affiliate McLeodUSA Telecommunications Services, L.L.C., Other Affiliate MPX, Inc., Other Affiliate Nashville Data Link, LLC, Other Affiliate Network Telephone, LLC, Other Affiliate Norlight Telecommunications of Virginia, LLC, Other Affiliate Oklahoma Windstream, LLC, Other Affiliate Open Support Systems, LLC, Other Affiliate PaeTec Communications of Virginia, LLC, Other Affiliate PAETEC Holding, LLC, Other Affiliate PAETEC iTel, L.L.C., Other Affiliate PAETEC Realty LLC, Other Affiliate PAETEC, LLC, Other Affiliate PCS Licenses, Inc., Other Affiliate Eureka Broadband Corporation, Other Affiliate Infohighway Communications Corporation for Windstream Holdings, Inc.. Document filed by Windstream Holdings, Inc.. (Attachments: #1 Exhibit A - List Of Entities)(Ross, Terence)
January 15, 2020 Filing 6 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Conversent Communications Of New York, LLC, Other Affiliate A.R.C. Networks, Inc., Other Affiliate Allworx Corp., Other Affiliate American Telephone Company LLC, Other Affiliate ARC Networks, Inc., Other Affiliate ATX Communications, Inc., Other Affiliate ATX Licensing, Inc., Other Affiliate ATX Telecommunications Services of Virginia, LLC, Other Affiliate Birmingham Data Link, LLC, Other Affiliate BOB, LLC, Other Affiliate Boston Retail Partners, LLC, Other Affiliate BridgeCom Holdings, Inc., Other Affiliate BridgeCom International, Inc., Other Affiliate BridgeCom Solutions Group, Inc., Other Affiliate Broadview Networks of Massachusetts, Inc., Other Affiliate Broadview Networks of Virginia, Inc., Other Affiliate Broadview NP Acquisition Corp., Other Affiliate Buffalo Valley Management Services, Inc., Other Affiliate Business Telecom, LLC, Other Affiliate BV-BC Acquisition Corporation, Other Affiliate Cavalier IP TV, LLC, Other Affiliate Cavalier Services, LLC, Other Affiliate Cavalier Telephone Mid-Atlantic, L.L.C., Other Affiliate Cavalier Telephone, L.L.C., Other Affiliate CCL Historical, Inc., Other Affiliate Choice One Communications of Connecticut, Inc., Other Affiliate Choice One Communications of Maine, Inc., Other Affiliate Choice One Communications of Massachusetts, Inc., Other Affiliate Choice One Communications of Ohio, Inc., Other Affiliate Choice One Communications of Pennsylvania, Inc., Other Affiliate Choice One Communications of Rhode Island, Inc., Other Affiliate Choice One Communications of Vermont, Inc., Other Affiliate Choice One Communications Resale, L.L.C., Other Affiliate Choice One of New Hampshire, Inc., Other Affiliate Cinergy Communications Company of Virginia, LLC, Other Affiliate Conestoga Enterprises, Inc., Other Affiliate Conestoga Management Services, Inc., Other Affiliate Conestoga Wireless Company, Other Affiliate Connecticut Broadband, LLC, Other Affiliate Conversent Communications Long Distance, LLC, Other Affiliate Conversent Communications of Connecticut, LLC, Other Affiliate Conversent Communications of Maine, LLC, Other Affiliate Conversent Communications of Massachusetts, Inc., Other Affiliate Conversent Communications of New Hampshire, LLC, Other Affiliate Conversent Communications of New Jersey, LLC, Other Affiliate Conversent Communications of Pennsylvania, LLC, Other Affiliate Broadview Networks, Inc., Other Affiliate Connecticut Telephone & Communication Systems, Inc., Other Affiliate Business Telecom of Virginia, Inc., Other Affiliate Choice One Communications of New York, Inc. for Windstream Holdings, Inc.. Document filed by Windstream Holdings, Inc.. (Attachments: #1 Exhibit A - List Of Entities)(Ross, Terence)
January 7, 2020 Filing 5 NOTICE OF APPEARANCE by Stephen Jeffrey Rochester on behalf of Windstream Holdings, Inc.. (Rochester, Stephen)
January 7, 2020 Filing 4 NOTICE OF APPEARANCE by Terence Ross on behalf of Windstream Holdings, Inc.. (Ross, Terence)
January 7, 2020 Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 19-cv-9354. Document filed by Charter Communications Operating, LLC, Charter Communications, Inc..(bkar)
January 7, 2020 Filing 2 CIVIL COVER SHEET filed. (bkar)
January 7, 2020 Filing 1 NOTICE OF APPEAL FROM THE BANKRUPTCY COURT TO THE S.D.N.Y. from the Order of Judge Robert D. Drain dated December 18, 2019. Bankruptcy Court Case Numbers: 19-8246A, 19-B-22312 (RDD). Certified copies of file received.Document filed by Charter Communications, Inc., Charter Communications Operating, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(bkar)
January 7, 2020 BANKRUPTCY APPEAL CASE REFERRED BY ATTORNEY TO Judge Kenneth M. Karas as possibly related to 19-cv-9354. (bkar)
January 7, 2020 Case Designated ECF. (bkar)
January 7, 2020 CASE ACCEPTED AS RELATED. Create association to 7:19-cv-09354-KMK. Notice of Assignment to follow. (wb)
January 7, 2020 Magistrate Judge Judith C. McCarthy 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (wb)
January 7, 2020 NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Unassigned is no longer assigned to the case. (wb)

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Appellee: Windstream Holdings, Inc.
Represented By: Michael Justus
Represented By: Terence Ross
Represented By: Stephen Jeffrey Rochester
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Appellee: Official Committee of Unsecured Creditors of Windstream Holdings, Inc.
Represented By: Steven Thomas Rappoport
Represented By: Lorenzo Marinuzzi
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Appellant: Charter Communications, Inc.
Represented By: Brian W. Hockett
Represented By: Michael Lee Nepple
Represented By: John Scott Kingston
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Appellant: Charter Communications Operating, LLC
Represented By: Brian W. Hockett
Represented By: Michael Lee Nepple
Represented By: John Scott Kingston
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