In Re: NTS W. USA Corp.
| 605 Fifth Avenue Property Owner, LLC |
| NTS W. USA Corp., a Delaware corporation |
| 7:2020cv06692 |
| August 20, 2020 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 0158 |
| None |
Docket Report
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Filing 21
Appellant's REPLY BRIEF. Document filed by NTS W. USA Corp., a Delaware corporation..(Angelich, George)
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Filing 20
Appellee's BRIEF. Document filed by 605 Fifth Avenue Property Owner, LLC. Appellant Reply Brief due by 11/2/2020..(Solomon, Jay)
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Filing 19
Appellant's BRIEF. Document filed by NTS W. USA Corp., a Delaware corporation. Appellee Brief due by 10/19/2020. (Attachments: #1 Appendix, #2 Exhibit 1 - Docket entries from the Main Chapter 11 Bankruptcy Proceeding, U.S. Bankruptcy Court, Southern District of New York, No. 20-35769, #3 Exhibit 2 - Docket entries from the Adversary Proceeding, U.S. Bankruptcy Court, Southern District of New York, No. 20-09035, #4 Exhibit 3 - Complaint against 605 Fifth Property Owner LLC, #5 Exhibit 4 - DUSA's Motion for Temporary Restraining Order and Preliminary Injunction with Accompanying Declarations, Memorandum of Law, and Supporting Exhibits, #6 Exhibit 5 - Order signed on July 23, 2020 Temporarily Enjoining 605 Fifth Avenue Property Owner, LLC From Drawing on Letter of Credit, #7 Exhibit 6 - Order granting Request for Adjournment signed on July 24, 2020, #8 Exhibit 7 - Opposition Declaration of Ness Cohen and supporting documents filed on behalf of 605 Fifth Property Owner, LLC, #9 Exhibit 8 - Memorandum of Law in Opposition to Application for Preliminary Injunction filed on behalf of 605 Fifth Property Owner, LLC, #10 Exhibit 9 - DUSA's Reply to 605 Fifth Property Owner, LLC's Opposition To Application for Preliminary Injunction, #11 Exhibit 10 - Declaration of Brian K. Ryniker in Support of DUSA's Reply to Landlord's Opposition, #12 Exhibit 11 - Order Preliminarily Enjoining 605 Fifth Property Owner, LLC From Drawing On Letter Of Credit, #13 Exhibit 12 - Transcript of Hearing Held on August 11, 2020, #14 Exhibit 13 - Final Judgment Signed on August 14, 2020, #15 Exhibit 14 - Notice of Appeal filed on behalf of DUSA).(Angelich, George)
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Filing 18
NOTICE OF APPEARANCE by Jay B. Solomon on behalf of 605 Fifth Avenue Property Owner, LLC..(Solomon, Jay)
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Filing 17
NOTICE OF APPEARANCE by Brian Robert Bendy on behalf of 605 Fifth Avenue Property Owner, LLC..(Bendy, Brian)
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Filing 16
NOTICE OF APPEARANCE by Devon Austin Rettew on behalf of NTS W. USA Corp., a Delaware corporation..(Rettew, Devon)
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Filing 15
NOTICE OF APPEARANCE by Eric Roman on behalf of NTS W. USA Corp., a Delaware corporation..(Roman, Eric)
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Filing 14
NOTICE OF APPEARANCE by George Peter Angelich on behalf of NTS W. USA Corp., a Delaware corporation..(Angelich, George)
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Filing 13
ORDER granting #12 Motion for James Harold Hulme to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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Filing 12
MOTION for James Harold Hulme to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21728935. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by NTS W. USA Corp., a Delaware corporation. (Attachments: #1 Affidavit of James H. Hulme in Support of Motion for Admission Pro Hac Vice, #2 Certificates of Good Standing, #3 Text of Proposed Order).(Hulme, James)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for James Harold Hulme to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21728935. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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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 10/5/2020. (bkgc)
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Filing 10
ORDER denying #4 Motion to Expedite. For the foregoing reasons, Debtor's motion to expedite its appeal, (Doc. 4), is DENIED. This appeal will proceed on the briefing schedule contemplated by Federal Rule of Bankruptcy Procedure 8018: Appellant shall file its brief within thirty days after the docketing of notice that the record has been transmitted or is available electronically (and more of course do so sooner); Appellee shall file its brief no more than thirty days after service of Appellant's brief; and Appellant may file a reply brief within fourteen days of service of Appellee's brief. The Clerk of Court is respectfully directed to terminate the pending motion, (Doc. 4). SO ORDERED. (Signed by Judge Cathy Seibel on 8/31/2020) (mml)
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Filing 9
LETTER addressed to Judge Cathy Seibel from James H. Hulme, Esq. dated August 28, 2020 re: Pursuant to Rule 8013(a)(3)(B) of the Federal Rules of Bankruptcy Procedure. Document filed by NTS W. USA Corp., a Delaware corporation..(Angelich, George)
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Filing 8
LETTER RESPONSE in Opposition to Motion addressed to Judge Cathy Seibel from Jay B. Solomon dated August 27, 2020 re: #4 EMERGENCY MOTION to Expedite Appeal. . Document filed by 605 Fifth Avenue Property Owner, LLC. (Attachments: #1 Exhibit Stipulated Final Judgment).(Solomon, Jay)
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Filing 7
ORDER deferring ruling on #4 Letter Motion to Expedite: If Appellee objects to this application, it shall do so by tomorrow, 8/27/20. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
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Filing 6
LETTER addressed to Judge Cathy Seibel from James H. Hulme, Esq. dated August 26, 2020 re: Pursuant to Rule 2(A) of Individual Practice Rules and Relief from Pre-Motion Conference. Document filed by NTS W. USA Corp., a Delaware corporation..(Angelich, George)
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Filing 5
PROPOSED ORDER. Document filed by NTS W. USA Corp., a Delaware corporation. Related Document Number: #4 ..(Angelich, George) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 4
EMERGENCY MOTION to Expedite Appeal. Document filed by NTS W. USA Corp., a Delaware corporation. (Attachments: #1 Exhibit A - List of Attorneys, #2 Exhibit B - Final Judgment Order (August 14, 2020), #3 Ryniker Declaration In Support of Motion to Expedite).(Angelich, George)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #5 Proposed Order was reviewed and approved as to form. (km)
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Filing 3
CIVIL COVER SHEET filed. (bkgc)
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Filing 2
DESIGNATION OF BANKRUPTCY RECORD ON APPEAL re: #1 Bankruptcy Appeal. Document filed by Appellant NTS W. USA Corp., a Delaware corporation. (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 August 14, 2020. Bankruptcy Court Case Numbers: 20-09035A, 20-B-35769(CGM). Document filed by NTS W. USA Corp., a Delaware corporation.(bkgc)
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