In Re: Windstream Holdings, Inc.
| Windstream Holdings, Inc. |
| US Bank National Association |
| 7:2020cv05440 |
| July 15, 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 37 RESPONSE in Opposition to Motion re: (44 in 7:20-cv-04276-VB) MOTION to Stay / U.S. Bank's Motion for (I) a Determination of Post-Effective Date Jurisdiction or (II) in the Alternative, A Stay Pending Appeal. . Document filed by Windstream Holdings, Inc.. Filed In Associated Cases: 7:20-cv-04276-VB, 7:20-cv-05440-VB, 7:20-cv-05529-VB.(Hessler, Stephen) |
| Filing 36 AFFIDAVIT OF SERVICE of Nova A. Alindogan of Brief of Intervenor-Appellee Elliott Investment Management L.P. (Under Seal) and Order Granting Intervenor-Appellee Elliott Investment Management L.P.'s Motion to File its Brief Under Seal. Document filed by Elliott Investment Management L.P. Filed In Associated Cases: 7:20-cv-04276-VB, 7:20-cv-05440-VB, 7:20-cv-05529-VB.(Wofford, Keith) |
| Filing 35 ***SELECTED PARTIES***Appellee's BRIEF. Document filed by Elliott Investment Management L.P. Appellant Reply Brief due by 9/16/2020. Filed In Associated Cases: 7:20-cv-04276-VB, 7:20-cv-05440-VB, 7:20-cv-05529-VBMotion or Order to File Under Seal: 40 .(Wofford, Keith) |
| Filing 34 MOTION to Seal / Intervenor-Appellee Elliott Investment Management L.P.'s Motion to File its Brief Under Seal. Document filed by Elliott Investment Management L.P.Filed In Associated Cases: 7:20-cv-04276-VB, 7:20-cv-05440-VB, 7:20-cv-05529-VB.(Wofford, Keith) |
| Filing 33 Appellee's BRIEF. Document filed by Elliott Investment Management L.P. Appellant Reply Brief due by 9/16/2020. Filed In Associated Cases: 7:20-cv-04276-VB, 7:20-cv-05440-VB, 7:20-cv-05529-VB.(Wofford, Keith) |
| Filing 32 ***SELECTED PARTIES***Appellee's BRIEF. Document filed by Windstream Holdings, Inc.. Appellant Reply Brief due by 9/16/2020. (Attachments: #1 Appendix Sealed Appendix)Filed In Associated Cases: 7:20-cv-04276-VB, 7:20-cv-05440-VB, 7:20-cv-05529-VBMotion or Order to File Under Seal: #9 .(Hessler, Stephen) |
| Filing 31 Appellee's BRIEF. Document filed by Windstream Holdings, Inc.. Appellant Reply Brief due by 9/16/2020. (Attachments: #1 Appendix Appendix A, #2 Appendix Appendix B, #3 Appendix Appendix C, #4 Appendix Appendix D, #5 Appendix Appendix E)Filed In Associated Cases: 7:20-cv-04276-VB, 7:20-cv-05440-VB, 7:20-cv-05529-VB.(Hessler, Stephen) |
Filing 30
STIPULATION AND ORDER: The parties stipulate and consent to the entry of an Order as follows: The First Lien Ad Hoc Group's Motion to Intervene (ECF No. 28) is GRANTED. The Debtors shall file a brief of no more than 13,000 words, Elliott shall file a separate brief of no more than 7,500 words, and the First Lien Ad Hoc Group shall file a separate brief of no more than 2,500 words, by September 2, 2020. Elliott and the First Lien Ad Hoc Group will not duplicate each other's briefing or the Debtors' briefing. Appellants shall jointly file a reply brief of no more than 9,000 words by September 16, 2020. To the extent the Court schedules oral argument, Appellants and Appellees will each be apportioned half the time, unless the Court directs otherwise. The Clerk is instructed to terminate the motion. (Doc. # 28). SO ORDERED., ( Appellant Reply Brief due by 9/16/2020., Brief due by 9/2/2020.), Motions terminated: (28 in 7:20-cv-04276-VB) MOTION to Intervene . filed by First Lien Ad Hoc Group. (Signed by Judge Vincent L. Briccetti on 8/14/2020) Filed In Associated Cases: 7:20-cv-04276-VB, 7:20-cv-05440-VB, 7:20-cv-05529-VB (ama)
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| Filing 29 NOTICE OF APPEARANCE by Evelyn Blacklock on behalf of Windstream Holdings, Inc...(Blacklock, Evelyn) |
| Filing 28 NOTICE OF APPEARANCE by C. Harker Rhodes, IV on behalf of Windstream Holdings, Inc...(Rhodes, C.) |
| Filing 27 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 9/8/2020. (Attachments: #1 Additional Record from 19-8279 (RDD))(bkar) |
| Filing 26 AMENDED DESIGNATION OF BANKRUPTCY RECORD ON APPEAL re: #1 Bankruptcy Appeal,. Document filed by Appellant US Bank National Association. (bkar) |
| Filing 25 COUNTER DESIGNATION OF BANKRUPTCY RECORD ON APPEAL Document filed by Appellee Windstream Holdings, Inc. (bkar) |
| Filing 24 DESIGNATION OF BANKRUPTCY RECORD ON APPEAL re: #1 Bankruptcy Appeal,. Document filed by Appellant US Bank National Association. (bkar) |
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Filing 23
ORDER denying as moot (17) Motion to Strike document from the record. in case 7:20-cv-04276-VB; denying as moot (19) Motion to Strike document from the record. in case 7:20-cv-05440-VB. Having reviewed Debtors' motions to strike (Doc. #17; 20 CV 5440 Doc. #19) and appellants' responses to the motions (Docs. #20, 21), it is HEREBY ORDERED: 1. The motions to strike are DENIED AS MOOT. The Court consolidated the pending appeals in its Memorandum Opinion & Order dated August 3, 2020. (Doc. #18). Accordingly, the Court will not strike the consolidated briefwhich appellants U.S. Bank and CQS (US), LLC agree will be the operative opening brief in the consolidated appeal. (See Docs. #20, 21). 2. Debtors' brief in the consolidated appeal is due September 2, 2020. 3. Appellants' single reply brief in the consolidated appeal is due September 16, 2020. The Clerk is directed to terminate the motions. (20 CV 4276 Doc. #17; 20 CV 5440 Doc. #19). SO ORDERED. (Signed by Judge Vincent L. Briccetti on 8/4/2020) Filed In Associated Cases: 7:20-cv-04276-VB, 7:20-cv-05440-VB (ks)
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| Filing 22 NOTICE of of No Intention to Amend Opening Brief and Notice of Joinder in Motion re: (19 in 7:20-cv-05440-VB) MOTION to Strike Document No. [17 and 18] or Set Briefing Schedule., (20 in 7:20-cv-05440-VB) Memorandum & Opinion,,,,,. Document filed by CQS (US), LLC. Filed In Associated Cases: 7:20-cv-04276-VB, 7:20-cv-05440-VB, 7:20-cv-05529-VB.(Gleit, Jeffrey) |
| Filing 21 AFFIDAVIT OF SERVICE of Ulises Perez Acosta re: #17 Consolidated Opening Brief of US Bank National Association in its Capacities as Indenture Trustees. Document filed by US Bank National Association..(Shore, J.) |
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Filing 20
MEMORANDUM OPINION AND ORDER re: (4 in 7:20-cv-05440-VB) MOTION to Expedite / Appellants Emergency Motion to Consolidate and Expedite Appeals filed by US Bank National Association. The motion is GRANTED only to the extent it seeks to consolidate the appeals. The motion is DENIED to the extent it seeks expedition. Because appellant U.S. Bank has already filed its consolidated brief, by August 4, 2020, appellants U.S. Bank and CQS shall advise the Court whether they intend to file an amended brief in the now-consolidated action. After appellants advise the Court on whether they intend to file an amended brief in the consolidated action, the Court-which is in receipt of the Debtors' motions to strike (20 CV 4276 Doc. #17 and 20 CV 5440 Doc. #19)-will set a briefing schedule for the consolidated appeal. The conference scheduled for August 26, 2020, is cancelled. In the event the Court decides to hold oral argument, it will so notify counsel. The Clerk is directed to consolidate the cases 20 CV 4276, 20 CV 5440, and 20 CV 5529, with the lead case being 20 CV 4276. The Clerk is further directed to terminate the motion. (20 CV 5440 Doc. #4). (Signed by Judge Vincent L. Briccetti on 8/3/2020) Filed In Associated Cases: 7:20-cv-04276-VB, 7:20-cv-05440-VB, 7:20-cv-05529-VB (mro) Modified on 8/3/2020 (mro).
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| CONSOLIDATED MEMBER CASE: Create association to 7:20-cv-04276-VB. (mro) |
| Filing 19 MOTION to Strike Document No. [17 and 18] or Set Briefing Schedule. Document filed by Windstream Holdings, Inc...(Hessler, Stephen) |
| Filing 18 ***SELECTED PARTIES***Appellant's BRIEF. Document filed by Windstream Holdings, Inc., 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)Motion or Order to File Under Seal: #16 .(Shore, J.) |
| Filing 17 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.) |
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Filing 16
ORDER granting #15 Motion. 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 7/27/2020) (ks)
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| Filing 15 MOTION to Accept Documents Under Seal Into Appellate Record . Document filed by Windstream Holdings, Inc...(Hessler, Stephen) |
| Filing 14 AFFIDAVIT OF SERVICE of Ulises Perez Acosta re: #13 service of Appellant's Reply in Support of Emergency Motion to Consolidate and Expedite Appeals on July 23, 2020.. Document filed by US Bank National Association..(Shore, J.) |
| Filing 13 REPLY MEMORANDUM OF LAW in Support re: #4 MOTION to Expedite / Appellants Emergency Motion to Consolidate and Expedite Appeals. . Document filed by US Bank National Association..(Shore, J.) |
| Filing 12 RESPONSE in Opposition to Motion re: #4 MOTION to Expedite / Appellants Emergency Motion to Consolidate and Expedite Appeals. . Document filed by Windstream Holdings, Inc...(Hessler, Stephen) |
| CASE ACCEPTED AS RELATED. Create association to 7:20-cv-05529-VB. Notice of Assignment to follow. (wb) |
| Filing 11 AFFIDAVIT OF SERVICE of Ulises Perez Acosta re: #9 service of Appellant's Motion to Accept Documents Under Seal into Appellant Record on July 17,2020. Document filed by US Bank National Association..(Shore, J.) |
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Filing 10
ORDER GRANTING APPELLANT'S MOTION TO ACCEPT DOCUMENTS UNDER SEAL INTO APPELLATE RECORD granting #9 Letter Motion to Seal. Upon the Appellant's 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 Appellant, 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 7/20/2020) (mml)
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| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #8 MOTION for Raoul G. Cantero to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20741419. 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 Florida - Clerk Office 500 S. Duval Street, Takkahassee, FL 32399; 850-488-0125. 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) |
| Filing 9 MOTION to Seal / Appellant's Motion to Accept Documents Under Seal Into Appellate Record. Document filed by US Bank National Association. (Attachments: #1 Exhibit A, #2 Exhibit B).(Shore, J.) |
| Filing 8 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Raoul G. Cantero to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20741419. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by US Bank National Association. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Text of Proposed Order).(Cantero, Raoul) Modified on 7/20/2020 (aea). |
| Filing 7 AFFIDAVIT OF SERVICE of Ulises Perez Acosta 1. Appellant's Emergency Motion to Consolidate and Expedite Appeals 2. Declaration of Julia M Winters in Support of Appellant's Emergency Motion to Consolidate and Expedite Appeals. Document filed by US Bank National Association..(Shore, J.) |
| Filing 6 LETTER addressed to Judge Vincent L. Briccetti from Stephen E. Hessler, P.C. dated July 17, 2020 re: informing the Court that while Appellees have no objection to the proposed consolidation, Appellees do object to both the purported emergency nature of Appellants motion and the substance of the motion to expedite. Document filed by Windstream Holdings, Inc...(Hessler, Stephen) |
| 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) |
| CASE ACCEPTED AS RELATED. Create association to 7:20-cv-04276-VB. Notice of Assignment to follow. (ad) |
| NOTICE OF CASE REASSIGNMENT to Judge Vincent L. Briccetti. Judge Unassigned is no longer assigned to the case. (ad) |
| Filing 5 DECLARATION of Julia M. Winters in Support re: #4 MOTION to Expedite / Appellants Emergency Motion to Consolidate and Expedite Appeals.. Document filed by US Bank National Association. (Attachments: #1 Exhibit A).(Winters, Julia) |
| Filing 4 MOTION to Expedite / Appellants Emergency Motion to Consolidate and Expedite Appeals. Document filed by US Bank National Association. (Attachments: #1 Exhibit A, #2 Exhibit B).(Shore, J.) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 20-cv-4276. Document filed by US 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 June 26, 2020. Bankruptcy Court Case Numbers: 19-B-22312 (RDD). Certified copies of file received.Document filed by US Bank National Association. (Attachments: #1 Exhibit A)(bkar) |
| BANKRUPTCY APPEAL CASE REFERRED BY ATTORNEY TO Judge Vincent L. Briccetti as possibly related to 20-cv-4276. (bkar) |
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