State of Ohio, Department of Taxation v. Allied Erecting and Dismantling Co. Inc.
| State of Ohio, Department of Taxation |
| Allied Erecting and Dismantling Co. Inc. |
| 4:2019cv01020 |
| May 7, 2019 |
| US District Court for the Northern District of Ohio |
| Benita Y Pearson |
| Bankruptcy Appeal (801) |
| 28 U.S.C. ยง 0158 |
| None |
Docket Report
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Filing 8
Order of Remand For good cause shown, the parties' Joint Motion for Stay and Remand for Approval of Settlement (ECF No. #7 ) is granted. This matter is remanded to the bankruptcy court for the purpose of the parties seeking that court's approval of their settlement and compromise of the present dispute under Bankruptcy Rule 9019. Further proceedings in the within appeal are now held in abeyance and the within case is hereby administratively closed. The closing does not effect a dismissal and is done without prejudice to the case being reinstated on the Court's active docket. No arguments are waived as aresult of the case closing. Upon the entry of an order by the bankruptcy court approving the parties' compromise, the parties shall file a joint motion requesting that this Court dismiss the present appeal with prejudice. Judge Benita Y. Pearson on 6/28/2019. (JLG)
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| Filing 7 Motion for stay and remand for approval of settlement filed by Appellant State of Ohio, Department of Taxation. (Schroeter, Richard) |
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Filing 6
Order For good cause shown, Appellant State of Ohio, Department of Taxation's unopposed Motion Seeking Clarification of Briefing Limitations, ECF No. #5 , is granted. A principal brief must not exceed 30 pages, or a reply brief 15 pages, unless it complies with Fed. R. Bankr. P. 8015(a)(7)(B). A prior Order (ECF No. #3 ) provides that a principal brief must not exceed 20 pages and a reply brief must not exceed 10 pages. ECF No. #3 is vacated in part to reflect the length limits set by Fed. R. Bankr. P. 8015(a)(7)(A) and (B). See Fed. R. Bankr. P. 8015(f). Judge Benita Y. Pearson on 6/19/2019. (JLG)
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| Filing 5 Motion Seeking Clarification of Brief Limitations filed by Appellant State of Ohio, Department of Taxation. Related document(s) #3 . (Schroeter, Richard) |
| Filing 4 Notice of Bankruptcy Appeal Record Availability re #1 Bankruptcy Appeal (Y,Br) |
| Filing 3 Notice of Filing an Appeal from a Bankruptcy Judge's Decision In conformity with the Rules of Bankruptcy Procedure, Appellant State of Ohio, Department of Taxation, shall serve and file its brief (not to exceed 20 pages) within 30 days after the docketing of notice that the record has been transmitted or is available electronically, pursuant to Rule 8018. Appellee Allied Erecting and Dismantling Co. Inc. shall serve and file their brief (not to exceed 20 pages) within 30 days after service of Appellant's brief. Appellant may serve and file a reply brief (not to exceed 10 pages) within 14 days after service of Appellee's brief. Oral argument on appeals shall not be heard unless written application is made and the Court determines that oral argument would be beneficial in resolving the issues. All briefs must be served on adverse parties. See Order for additional information and requirements. Judge Benita Y. Pearson on 5/15/2019. (JLG) |
| Filing 2 Administrative Track DCM Initial Order. Chief Judge Patricia A. Gaughan. (Y,Br) |
| Filing 1 Appeal from Bankruptcy Court of Order dated 5/6/2019. Filed by State of Ohio, Department of Taxation. (Attachments: #1 Exhibit A, #2 Transmission Form, #3 USBC Memorandum Opinion and Order #639, #4 USBC Docket Sheet) (Y,Br) |
| Judge Benita Y. Pearson assigned to case. (Y,Br) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge George J. Limbert. (Y,Br) |
| Notice [non-document] to the parties that an appeal from the order of U.S. Bankruptcy Judge John P. Gustafson, U.S. Bankruptcy Case No. 16-40675, has been filed with the U.S. District Court. All further correspondence and filings relating to the appeal should bear the civil action number of the U.S. District Court. (Y,Br) |
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| Appellant: State of Ohio, Department of Taxation | |
| Represented By: | Richard P. Schroeter |
| Represented By: | Joshua R. Vaughan |
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| Appellee: Allied Erecting and Dismantling Co. Inc. | |
| Represented By: | Michael J. Moran |
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