In Re: Educational Credit Management Corporation
| Kevin Jared Rosenberg |
| Educational Credit Management Corporation |
| 7:2020cv00688 |
| January 24, 2020 |
| US District Court for the Southern District of New York |
| Philip M Halpern |
| Cathy Seibel |
| Bankruptcy Appeal (801) |
| 28 U.S.C. ยง 0158 |
| None |
Docket Report
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Filing 16
MOTION for Meredith A. Jury to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kevin Jared Rosenberg. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Smith, Austin)
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NOTICE OF CASE REASSIGNMENT to Judge Philip M. Halpern. Judge Cathy Seibel is no longer assigned to the case. (sjo)
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Filing 15
ORDER granting #13 Letter Motion for Extension of Time: Schedule approved. Opening brief due 4/20/20. Any amicus brief from US due 4/27/20. Appellee's opposition due 5/20/20. Appellant's reply due 6/3/20. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #14 MOTION for Meredith A. Jury to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19086365. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): missing Certificate of Good Standing from SUPREME COURT OF CALIFORNIA and SUPREME COURT OF CALIFORNIA. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (aea)
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Filing 14
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Meredith A. Jury to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19086365. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kevin Jared Rosenberg. (Attachments: #1 Affidavit, #2 Exhibit, #3 Text of Proposed Order).(Smith, Austin) Modified on 3/12/2020 (aea).
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Filing 13
LETTER MOTION for Extension of Time addressed to Judge Cathy Seibel from Kenneth L. Baum, Esq. dated March 11, 2020. Document filed by Educational Credit Management Corporation..(Kenneth, Baum)
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Filing 12
ORDER granting #3 Motion for Leave to Appeal. Because the parties agree that there are no genuine issues of material fact, see Travelers Cas. & Sur. Co. v. Gerling Glob. Reinsurance Corp. of Am., 419 F.3d 181, 190 (2d Cir. 2005) ("Summary judgment in favor of the non-movant can be particularly appropriate [on appeal] where, as here, the factual record has been 'fully developed.'"), and because the issues presented by the parties' cross-motions are "inextricably bound," Barhold, 863 F.2d at 237, the Court exercises its discretion to review the Bankruptcy Court's denial of ECMC's motion for summary judgment. Accordingly, ECMC's motion for leave to appeal is GRANTED. SO ORDERED. (Signed by Judge Cathy Seibel on 3/4/2020) (mml) Transmission to Orders and Judgments Clerk for processing.
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Filing 11
REPLY MEMORANDUM OF LAW in Support re: #3 MOTION for Leave to Appeal . Document filed by Educational Credit Management Corporation..(Kenneth, Baum)
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Filing 10
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 3/20/2020..(bkgc)
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Filing 8
MEMO ENDORSEMENT on re: #7 Reply to Response to Motion filed by Educational Credit Management Corporation. ENDORSEMENT: ECMC may file a reply memorandum of law in support of its Motion for Leave. (Signed by Judge Cathy Seibel on 2/7/2020) (jwh)
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Filing 7
REPLY to Response to Motion re: #3 MOTION for Leave to Appeal . Document filed by Educational Credit Management Corporation..(Kenneth, Baum)
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Filing 6
CERTIFICATE OF SERVICE of Memorandum of Law In Opposition served on ECMC on 2/4/20. Service was made by Mail. Document filed by Kevin Jared Rosenberg..(Smith, Austin)
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Filing 9
DESIGNATION OF BANKRUPTCY RECORD ON APPEAL re: #1 Bankruptcy Appeal. Document filed by Appellant Educational Credit Management Corporation..(bkgc)
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Filing 5
MEMORANDUM OF LAW in Opposition re: #3 MOTION for Leave to Appeal . Document filed by Kevin Jared Rosenberg..(Smith, Austin)
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Filing 4
NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Austin Connell Smith on behalf of Kevin Jared Rosenberg (Smith, Austin)
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Filing 3
MOTION for Leave to Appeal. Document filed by Educational Credit Management Corporation. (Attachments: #1 Certificate of Service for Appeal & Motion for Leave to Appeal)(bkgc)
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Filing 2
CIVIL COVER SHEET filed. (bkgc)
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Filing 1
NOTICE OF APPEAL FROM THE BANKRUPTCY COURT TO THE S.D.N.Y. from the Order of Judge Cecelia G. Morris dated January 7, 2020. Bankruptcy Court Case Numbers: 18-09023A, 18-B-35379(CGM). Document filed by Educational Credit Management Corporation.(bkgc)
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| Appellee: Kevin Jared Rosenberg | |
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| Appellant: Educational Credit Management Corporation | |
| Represented By: | Kenneth Lloyd Baum |
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