In Re: DeGennaro
Appellant: Charles DeGennaro, III
Appellee: Crescent Electric Supply Company, Inc. of New York
Case Number: 7:2020cv07958
Filed: September 25, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Colleen McMahon
Nature of Suit: Bankruptcy Appeal (801)
Cause of Action: 28 U.S.C. ยง 0158
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 8, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 13, 2020 Filing 18 Appellant's REPLY BRIEF. Document filed by Charles DeGennaro, III..(Soulios, Steven)
November 4, 2020 Filing 17 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 12/4/2020..(bkgc)
October 30, 2020 Filing 16 Appellee's BRIEF. Document filed by Crescent Electric Supply Company, Inc. of New York. Appellant Reply Brief due by 11/13/2020..(Korsinsky, Michael)
October 19, 2020 Filing 15 Appellant's BRIEF. Document filed by Charles DeGennaro, III. Appellee Brief due by 11/18/2020..(Soulios, Steven)
October 16, 2020 Filing 14 Appellant's BRIEF. Document filed by Charles DeGennaro, III. Appellee Brief due by 11/16/2020..(Soulios, Steven)
October 14, 2020 Filing 13 AMENDED DESIGNATION OF BANKRUPTCY RECORD ON APPEAL re: #1 Bankruptcy Appeal. Document filed by Appellant Charles DeGennaro, III. (bkgc)
October 12, 2020 Filing 12 DESIGNATION OF BANKRUPTCY RECORD ON APPEAL re: #1 Bankruptcy Appeal. Document filed by Appellant Charles DeGennaro, III. (bkgc)
October 6, 2020 Opinion or Order Filing 11 STIPULATION MODIFYING ORDER GRANTING TEMPORARY STAY AND BRIEFING SCHEDULE: 1. The Bankruptcy Order is stayed until 5:00 p.m. on October 16, 2020, the deadline by which Defendant-Appellant must file his brief on appeal. The Defendant-Appellant shall also furnish his proposed record to Plaintiff-Appellee by that time and date. 2. If Defendant-Appellant files his appellant brief no later than 5:00 p.m. on October 16, 2020, the Bankruptcy Order shall be stayed until November 13, 2020 at 5:00 p.m. 3. Plaintiff-Appellee shall serve its opposition brief on or before 5 :00 p.m. on October 30, 2020, and shall receive an extension of time, if requested. 4. Defendant-Appellant shall serve his reply brief on or before 5:00 p.m. on November 4, 2020. 5. Defendant-Appellant shall transmit a copy of this So Ordered Stipulation to the Bankruptcy Court. (Appellant Brief due by 10/16/2020. Appellant Reply Brief due by 11/4/2020. Appellee Brief due by 10/30/2020.) (Signed by Judge Colleen McMahon on 10/6/2020) (mml)
October 5, 2020 Filing 10 LETTER MOTION for Extension of Time addressed to Judge Colleen McMahon from Steven Soulios dated 10-5-2020. Document filed by Charles DeGennaro, III. (Attachments: #1 Text of Proposed Order).(Soulios, Steven)
October 5, 2020 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Steven A. Soulios to RE-FILE Document #6 AMENDED MOTION to Amend/Correct #3 MOTION to Stay . Amended Memorandum of Law.. Use the event type Memorandum of Law in Support found under the event list Replies, Opposition and Supporting Documents. (lb)
October 2, 2020 Opinion or Order Filing 9 ORDER GRANTING TEMPORARY STAY granting #3 Letter Motion to Stay. Debtor-Appellant Charles DeGennaro moves this Court for an emergency stay of an order of the United States Bankruptcy Court for the Southern District of New York (Morris, B.J.), dated September 4, 2020 which imposed sanctions on DeGennaro for not complying with certain discovery orders. (Dkt. No. 3, Exh. 16) The Court assumes the parties familiarity with facts of the underlying bankruptcy leading up to the imposition of sanctions. The stay is GRANTED, but only on the condition that the appeal be briefed on an expedited basis as outlined below. The order on appeal sanctions DeGennaro for his failure to comply with certain discovery orders. The order requires DeGennaro to pay $2,800 in attorney's fees, and $22,500 in discovery related sanctions at the rate of $250 per day for each day that DeGennaro failed to produce all documents as directed by the Bankruptcy Court. The sanction was capped at 90 days. It is undisputed that DeGennaro did not file formal motion papers in the Bankruptcy Court, as further set forth. But if he wants to take advantage of that chance, he will have to move quickly. The court grants a stay of the September 4 order imposing sanctions. The stay will expire by its terms at 5 PM on Friday, October 9, 2020 one week from today unless DeGennaro has filed his brief on appeal. It does not matter whether the Bankruptcy Court Clerks Office is able to transmit the record on appeal by that time; the parties appear to have put most of the pertinent documents before this court in connection with the instant motion, and what I want is the brief on appeal. DeGennaro has one week to get it filed on this courts ECF system. If DeGennaro gets his brief in on time, the stay will continue through 5 PM on October 30. Crescent should file its brief in opposition to the appeal by 5 PM on Friday, October 16. DeGennaro must file his Reply Brief no later than 5 PM on Wednesday, October 21. By file, I mean post the brief on ECF. I will do my best to get the appeal decided by October 30. The parties shall endeavor to have the record transmitted to this court forthwith. The conference currently scheduled for Monday, October 5 at 11:00AM is cancelled. The parties have their scheduling order. Get this appeal briefed. (Signed by Judge Colleen McMahon on 10/2/2020) (mml)
October 2, 2020 Set/Reset Deadlines: Reply to Response Brief due by 10/21/2020. Responses Brief due by 10/16/2020. (mml)
October 1, 2020 Opinion or Order Filing 8 ORDER granting #7 Letter Motion for Leave to File Document. Hand deliver hard copies to the Court. (Signed by Judge Colleen McMahon on 9/30/2020) (mml)
September 30, 2020 Filing 7 LETTER MOTION for Leave to File Exhibits to Motion to Stay Letter Seeking Leave to Email Exhibits to the Court addressed to Judge Colleen McMahon from Steven Soulios dated 9/30/2020. Document filed by Charles DeGennaro, III..(Soulios, Steven)
September 29, 2020 Filing 6 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AMENDED MOTION to Amend/Correct #3 MOTION to Stay . Amended Memorandum of Law. Document filed by Charles DeGennaro, III..(Soulios, Steven) Modified on 10/5/2020 (lb).
September 28, 2020 Opinion or Order Filing 5 ORDER granting #4 Letter Motion for Oral Argument; granting #4 Letter Motion for Extension of Time. A conference has been scheduled for Monday, October 5, 2020 at 11:00 a.m. Parties must dial in at 1(888) 363-4749, access code (9054506) to join conference. (Signed by Judge Colleen McMahon on 9/28/2020) (rro)
September 28, 2020 Set/Reset Hearings: Telephone Conference set for 10/5/2020 at 11:00 AM before Judge Colleen McMahon. (rro)
September 27, 2020 Filing 4 LETTER MOTION for Oral Argument , if application is being made by Appellant addressed to Judge Colleen McMahon from Michael Korsinsky dated 09/27/2020., LETTER MOTION for Extension of Time for oral argument if one is being requested by the Court addressed to Judge Colleen McMahon from Michael Korsinsky dated 09/27/2020. Document filed by Crescent Electric Supply Company, Inc. of New York..(Korsinsky, Michael)
September 25, 2020 Filing 3 MOTION to Stay . Document filed by Charles DeGennaro, III. (Attachments: #1 Memo of Law, #2 DeGenanro Declaration, #3 Soulios Declaration, #4 1, #5 2, #6 3, #7 4, #8 4_2, #9 5, #10 6, #11 7, #12 8, #13 9, #14 10, #15 13, #16 14, #17 15, #18 16, #19 17).(Soulios, Steven)
September 25, 2020 Filing 2 CIVIL COVER SHEET filed. (bkgc)
September 25, 2020 Filing 1 NOTICE OF APPEAL FROM THE BANKRUPTCY COURT TO THE S.D.N.Y. from the Order of Judge Cecelia G. Morris dated September 4, 2020. Bankruptcy Court Case Numbers: 18-B-35222(CGM), 18-09032A. Document filed by Charles DeGennaro, III.(bkgc)

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Appellant: Charles DeGennaro, III
Represented By: Steven A. Soulios
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Appellee: Crescent Electric Supply Company, Inc. of New York
Represented By: Michael Korsinsky
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