In Re: DeGennaro
| Charles DeGennaro, III |
| Crescent Electric Supply Company, Inc. of New York |
| 7:2020cv07958 |
| September 25, 2020 |
| US District Court for the Southern District of New York |
| Colleen McMahon |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 0158 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 8, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 18 Appellant's REPLY BRIEF. Document filed by Charles DeGennaro, III..(Soulios, Steven) |
| 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) |
| 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) |
| Filing 15 Appellant's BRIEF. Document filed by Charles DeGennaro, III. Appellee Brief due by 11/18/2020..(Soulios, Steven) |
| Filing 14 Appellant's BRIEF. Document filed by Charles DeGennaro, III. Appellee Brief due by 11/16/2020..(Soulios, Steven) |
| Filing 13 AMENDED DESIGNATION OF BANKRUPTCY RECORD ON APPEAL re: #1 Bankruptcy Appeal. Document filed by Appellant Charles DeGennaro, III. (bkgc) |
| Filing 12 DESIGNATION OF BANKRUPTCY RECORD ON APPEAL re: #1 Bankruptcy Appeal. Document filed by Appellant Charles DeGennaro, III. (bkgc) |
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)
|
| 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) |
| ***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) |
|
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)
|
| Set/Reset Deadlines: Reply to Response Brief due by 10/21/2020. Responses Brief due by 10/16/2020. (mml) |
|
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)
|
| 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) |
| 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). |
|
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)
|
| Set/Reset Hearings: Telephone Conference set for 10/5/2020 at 11:00 AM before Judge Colleen McMahon. (rro) |
| 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) |
| 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) |
| Filing 2 CIVIL COVER SHEET filed. (bkgc) |
| 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) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: In Re: DeGennaro | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Appellant: Charles DeGennaro, III | |
| Represented By: | Steven A. Soulios |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Appellee: Crescent Electric Supply Company, Inc. of New York | |
| Represented By: | Michael Korsinsky |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
