In Re: Windstream Holdings, Inc. et al
| Windstream Holdings, Inc. |
| UMB Bank, National Association and US Bank National Association |
| 7:2020cv04276 |
| June 4, 2020 |
| 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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| Filing 17 MOTION to Strike Document No. [15 and 16] or Set Briefing Schedule. Document filed by Windstream Holdings, Inc...(Hessler, Stephen) |
| Filing 16 ***SELECTED PARTIES***Appellant's BRIEF. Document filed by US Bank National Association, Windstream Holdings, Inc.. Appellee Brief due by 8/28/2020. (Attachments: #1 Appendix 1, #2 Appendix 2, #3 Appendix 3, #4 Appendix 4, #5 Appendix 5, #6 Appendix 6, #7 Appendix 7, #8 Appendix 8, #9 Appendix 9, #10 Appendix 10, #11 Appendix 11)Motion or Order to File Under Seal: #5 .(Shore, J.) |
| Filing 15 Appellant's BRIEF. Document filed by US Bank National Association. Appellee Brief due by 8/28/2020. (Attachments: #1 Appendix 1, #2 Appendix 2, #3 Appendix 3, #4 Appendix 4, #5 Appendix 5, #6 Appendix 6, #7 Appendix 7, #8 Appendix 8, #9 Appendix 9, #10 Appendix 10, #11 Appendix 11).(Shore, J.) |
| Filing 14 AFFIDAVIT OF SERVICE of Ulises Perez Acosta re: #12 service of Unopposed Motion to Withdraw Appellant and Amend Caption on July 17, 2020. Document filed by UMB Bank, National Association..(Shore, J.) |
Filing 13
ORDER granting #12 Motion to Withdraw: The Court grants UMB Bank's motion to withdraw from this appeal. The caption shall be amended consistent with this Order. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (srs)
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| Filing 12 MOTION to Withdraw / Unopposed Motion to Withdraw Appellant and Amend Caption. Document filed by UMB Bank, National Association..(Shore, J.) |
| Filing 11 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 7/29/2020. (Attachments: #1 Additional Record from 19-8279 (RDD))(bkar) |
| Filing 10 COUNTER DESIGNATION OF BANKRUPTCY RECORD ON APPEAL Document filed by Appellee Windstream Holdings, Inc. (bkar) |
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Filing 9
ORDER GRANTING APPELLEES' MOTION TO ACCEPT DOCUMENTS UNDER SEAL INTO APPELLATE RECORD granting #8 Letter Motion to Seal. Upon the Appellees' Motion to Accept Documents under Seal into Appellate Record (the "Motion"), for good cause shown, it is hereby ORDERED, ADJUDGED and DECREED that: 1. The Motion is granted; 2. The Clerk for the United States Bankruptcy Court for the Southern District of New York (the "Bankruptcy Court") is permitted and authorized to transmit to the United States District Court for the Southern District of New York (the "District Court") those portions of the appellate record, as designated by the Appellees, which were received by the Bankruptcy Court under seal (the "Sealed Material"); 3. This Court will accept, under seal, the Sealed Material, and the Sealed Material shall be dealt with by the parties pursuant to this Court's usual practices and procedures concerning sealed materials; and 4. Upon entry, Appellees shall give notice of this Order to counsel for the Appellants. (Signed by Judge Vincent L. Briccetti on 6/24/2020) (mml)
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| Filing 8 MOTION to Seal / Appellees' Motion to Accept Documents Under Seal Into Appellate Record. Document filed by Windstream Holdings, Inc.. (Attachments: #1 Exhibit A - Designation of Record, #2 Exhibit B - Proposed Order).(Hessler, Stephen) |
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Filing 7
BANKRUPTCY APPEAL SCHEDULING AND INITIAL CONFERENCE ORDER: The above-captioned bankruptcy appeal having been docketed in the District Court on June 4, 2020, 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 August 26, 2020, at 9:30 a.m. at the United States Courthouse, Courtroom 620, 300 Quarropas Street, White Plains, NY 10601, as further set forth in this Order. Initial Conference set for 8/26/2020 at 09:30 AM in Courtroom 620, 300 Quarropas Street, White Plains, NY 10601 before Judge Vincent L. Briccetti. (Signed by Judge Vincent L. Briccetti on 6/18/2020) (mml)
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| Filing 6 DESIGNATION OF BANKRUPTCY RECORD ON APPEAL re: #1 Bankruptcy Appeal,. Document filed by Appellant UMB Bank, National Association. (bkar) |
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Filing 5
ORDER GRANTING APPELLANTS' MOTION TO ACCEPT DOCUMENTS UNDER SEAL INTO APPELLATE RECORD granting #4 Motion to Seal. Upon the Appellants' Motion to Accept Documents under Seal into Appellate Record (the "Motion"), for good cause shown; it is hereby ORDERED, ADJUDGED and DECREED that: 1. The Motion is granted; and 2. The Clerk for the United States Bankruptcy Court for the Southern District of New York (the "Bankruptcy Court") is permitted and authorized to transmit to the United States District Court for the Southern District of New York (the "District Court") those portions of the appellate record, as designated by the Appellants, which were received by the Bankruptcy Court under seal (the "Sealed Material"). 3. This Court will accept, under seal, the Sealed Material, and the Sealed Material shall be dealt with by the parties pursuant to this Court's usual practices and procedures concerning sealed materials. 4. Upon entry, Appellants shall give notice of this Order to counsel for the Appellees. (Signed by Judge Vincent L. Briccetti on 6/10/2020) (mml) Transmission to US Bankruptcy Court-Southern District of New York for processing.
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| Filing 4 MOTION to Seal / Appellant's Motion to Accept Documents Under Seal Into Appellate Record. Document filed by UMB Bank, National Association. (Attachments: #1 Exhibit A - Designation of Record, #2 Exhibit B - Proposed Order).(Shore, J.) |
| CASE DECLINED AS NOT RELATED. Case referred as related to 7:19-cv-9354 and declined by Judge Cathy Seibel and returned to wheel for assignment. (ad) |
| 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. (ad) |
| NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Unassigned is no longer assigned to the case. (ad) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 19-cv-9354. Document filed by UMB Bank, National Association.(bkar) |
| Filing 2 CIVIL COVER SHEET filed. (Attachments: #1 Exhibit A)(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 May 12, 2020. Bankruptcy Court Case Numbers: 19-B-22312 (RDD). Certified copies of file received.Document filed by UMB Bank, National Association. (Attachments: #1 Exhibit A)(bkar) |
| BANKRUPTCY APPEAL CASE REFERRED BY ATTORNEY TO Judge Cathy Seibel as possibly related to 19-cv-9354. (bkar) |
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