Textron Financial Corporation et al v. Bash
| Fortress Credit Corp. and Textron Financial Corporation |
| Brian A. Bash |
| Ohio Division of Securities and United States of America |
| 5:2012cv00987 |
| April 20, 2012 |
| US District Court for the Northern District of Ohio |
| Akron Office |
| Summit |
| Patricia A Gaughan |
| Arthur I Harris |
| Bankruptcy Withdrawl |
| 28 U.S.C. § 0157 |
| Plaintiff |
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| Filing 470 Amended Order Concerning the Taxing of Costs: By agreement of the parties, the Court hereby amends its April 3, 2020 order and taxes costs against plaintiff Brian A. Bash, in his capacity as Chapter 7 Trustee, in the amount of $67,500.00. In the event this matter is remanded for a new trial, defendant Textron Financial Corporation shall reimburse to the extent required by law the costs taxed pursuant to this amended order at the rate of interest set forth in 28 U.S.C. 1961. Judge Patricia A. Gaughan on 6/9/20. (LC,S) |
| Request to Clerk for refund of erroneous or duplicate on-line filing fee payment. Reason for refund request: When attempting to file a notice of appeal, I submitted payment during the filing process as required, but received an error when submitting the filing itself that required me to restart the filing process, and pay the fee a second time.. Receipt #: AOHNDC-9877199, filed by Brian A. Bash. Related document(s) #450 . (Warren, Daniel) |
| Filing 469 Official Transcript of Jury Trial Proceedings and Verdict for dates of March 10, 2020 before Judge Patricia A. Gaughan re #450 Notice of Appeal. To obtain a copy of this transcript please contact Court Reporter: Sue Trischan (Susan_Trischan@ohnd.uscourts.gov) at 216-357-7087 [Volume 12, Pages 2946 - 2983, 38 pages]. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/18/2020. Redaction Request due 6/1/2020. Redacted Transcript Deadline set for 6/11/2020. Release of Transcript Restriction set for 8/10/2020. Related document(s) #450 . (T,S) |
| Filing 468 Official Transcript of Jury Trial Proceedings for dates of March 9, 2020 before Judge Patricia A. Gaughan re #450 Notice of Appeal. To obtain a copy of this transcript please contact Court Reporter: Sue Trischan (Susan_Trischan@ohnd.uscourts.gov) at 216-357-7087 [Volume 11, Pages 2700 - 2945, 246 pages]. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/18/2020. Redaction Request due 6/1/2020. Redacted Transcript Deadline set for 6/11/2020. Release of Transcript Restriction set for 8/10/2020. Related document(s) #450 . (T,S) |
| Filing 467 Official Transcript of Jury Trial Proceedings for dates of March 6, 2020 before Judge Patricia A. Gaughan re #450 Notice of Appeal. To obtain a copy of this transcript please contact Court Reporter: Sue Trischan (Susan_Trischan@ohnd.uscourts.gov) at 216-357-7087 [Volume 10, Pages 2420 - 2699, 280 pages]. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/18/2020. Redaction Request due 6/1/2020. Redacted Transcript Deadline set for 6/11/2020. Release of Transcript Restriction set for 8/10/2020. Related document(s) #450 . (T,S) |
| Filing 466 Official Transcript of Jury Trial Proceedings for dates of March 5, 2020 before Judge Patricia A. Gaughan re #450 Notice of Appeal. To obtain a copy of this transcript please contact Court Reporter: Sue Trischan (Susan_Trischan@ohnd.uscourts.gov) at 216-357-7087 [Volume 9, Pages 2176 - 2419, 244 pages]. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/18/2020. Redaction Request due 6/1/2020. Redacted Transcript Deadline set for 6/11/2020. Release of Transcript Restriction set for 8/10/2020. Related document(s) #450 . (T,S) |
| Filing 465 Official Transcript of Jury Trial Proceedings for dates of March 4, 2020 before Judge Patricia A. Gaughan re #450 Notice of Appeal. To obtain a copy of this transcript please contact Court Reporter: Sue Trischan (Susan_Trischan@ohnd.uscourts.gov) at 216-357-7087 [Volume 8, Pages 1951 - 2175, 225 pages]. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/18/2020. Redaction Request due 6/1/2020. Redacted Transcript Deadline set for 6/11/2020. Release of Transcript Restriction set for 8/10/2020. Related document(s) #450 . (T,S) |
| Filing 464 Official Transcript of Jury Trial Proceedings for dates of March 3, 2020 before Judge Patricia A. Gaughan re #450 Notice of Appeal. To obtain a copy of this transcript please contact Court Reporter: Sue Trischan (Susan_Trischan@ohnd.uscourts.gov) at 216-357-7087 [Volume 7, Pages 1696 - 1950, 255 pages]. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/18/2020. Redaction Request due 6/1/2020. Redacted Transcript Deadline set for 6/11/2020. Release of Transcript Restriction set for 8/10/2020. Related document(s) #450 . (T,S) |
| Filing 463 Official Transcript of Jury Trial Proceedings for dates of March 2, 2020 before Judge Patricia A. Gaughan re #450 Notice of Appeal. To obtain a copy of this transcript please contact Court Reporter: Sue Trischan (Susan_Trischan@ohnd.uscourts.gov) at 216-357-7087 [Volume 6, Pages 1400 - 1695, 296 pages]. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/18/2020. Redaction Request due 6/1/2020. Redacted Transcript Deadline set for 6/11/2020. Release of Transcript Restriction set for 8/10/2020. Related document(s) #450 . (T,S) |
| Filing 462 Official Transcript of Jury Trial Proceedings for dates of February 28, 2020 before Judge Patricia A. Gaughan re #450 Notice of Appeal. To obtain a copy of this transcript please contact Court Reporter: Sue Trischan (Susan_Trischan@ohnd.uscourts.gov) at 216-357-7087 [Volume 5, Pages 1079 - 1399, 321 pages]. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/18/2020. Redaction Request due 6/1/2020. Redacted Transcript Deadline set for 6/11/2020. Release of Transcript Restriction set for 8/10/2020. Related document(s) #450 . (T,S) |
| Filing 461 Official Transcript of Jury Trial Proceedings for dates of February 27, 2020 before Judge Patricia A. Gaughan re #450 Notice of Appeal. To obtain a copy of this transcript please contact Court Reporter: Sue Trischan (Susan_Trischan@ohnd.uscourts.gov) at 216-357-7087 [Volume 4, Pages 863 - 1078, 216 pages]. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/18/2020. Redaction Request due 6/1/2020. Redacted Transcript Deadline set for 6/11/2020. Release of Transcript Restriction set for 8/10/2020. Related document(s) #450 . (T,S) |
| Filing 460 Official Transcript of Jury Trial Proceedings for dates of February 26, 2020 before Judge Patricia A. Gaughan re #450 Notice of Appeal. To obtain a copy of this transcript please contact Court Reporter: Sue Trischan (Susan_Trischan@ohnd.uscourts.gov) at 216-357-7087 [Volume 3, Pages 595 - 862, 268 pages]. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/18/2020. Redaction Request due 6/1/2020. Redacted Transcript Deadline set for 6/11/2020. Release of Transcript Restriction set for 8/10/2020. Related document(s) #450 . (T,S) |
| Filing 459 Official Transcript of Jury Trial Proceedings for dates of February 25, 2020 before Judge Patricia A. Gaughan re #450 Notice of Appeal. To obtain a copy of this transcript please contact Court Reporter: Sue Trischan (Susan_Trischan@ohnd.uscourts.gov) at 216-357-7087 [Volume 2, Pages 284 - 594, 311 pages]. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/18/2020. Redaction Request due 6/1/2020. Redacted Transcript Deadline set for 6/11/2020. Release of Transcript Restriction set for 8/10/2020. Related document(s) #450 . (T,S) |
| Filing 458 Official Transcript of Jury Trial Proceedings for dates of February 24, 2020 before Judge Patricia A. Gaughan re #450 Notice of Appeal. To obtain a copy of this transcript please contact Court Reporter: Sue Trischan (Susan_Trischan@ohnd.uscourts.gov) at 216-357-7087 [Volume 1-PM, Pages 159 - 283, 125 pages]. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/18/2020. Redaction Request due 6/1/2020. Redacted Transcript Deadline set for 6/11/2020. Release of Transcript Restriction set for 8/10/2020. Related document(s) #450 . (T,S) |
| Filing 457 Transcript of Voir Dire Proceedings held on February 24, 2020 before Judge Patricia A. Gaughan. To obtain a copy of this transcript please contact court reporter Sue Trischan (Susan_Trischan@ohnd.uscourts.gov) at 216-357-7087. [Volume 1-AM (Voir Dire), Pages 1 - 158, 158 pages] (T,S) |
Order [non-document]: Plaintiff's Motion to Disallow Textron's Bill of Costs is MOOT in light of Defendant's letter of 5/6/20 indicating that the parties have resolved their dispute regarding costs. Judge Patricia A. Gaughan on 5/8/20.(LC,S) (Related Docs #455 , #456 )
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| Filing 456 Letter to Judge Patricia A. Gaughan from Mitchell A. Karlan re status of Textron Financial's Bill of Costs filed by Textron Financial Corporation. Related document(s) #451 . (Karlan, Mitchell) |
| Filing 455 Motion to disallow Textron's bill of costs filed by Respondent Brian A. Bash. Related document(s) #452 , #451 . (Warren, Daniel) |
| Transcript Order received by court reporter Sue Trischan. Estimated number of pages: 2500. Transcript Order received on 4/6/2020. Financial arrangements made on 4/9/2020. Estimated completion date is 5/11/2020. (T,S) |
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Filing 454
Order: The Court taxed costs on April 3, 2020, after a Bill of Costs was filed by defendants on April 1, 2020. In accordance with Federal Rule 54(d)(1), any motion to review that action is due within 21 days of this Order. Judge Patricia A. Gaughan on 4/8/20. (LC,S) re #452
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| Filing 453 Transcript Request by Brian A. Bash for proceedings held on 2/24/2020 - 3/10/2020 before Judge Patricia A. Gaughan, re #450 Notice of Appeal. Court Reporter: Susan Trischan. Transcript required for appeal. (Warren, Daniel) |
| Filing 452 Costs Taxed against defendant in the amount of $104,519.81. Sandy Opacich, Clerk by Stella Leno-Clifford, Deputy Clerk. Related document(s) #451 . (LC,S) |
| Filing 451 Bill of costs filed by Textron Financial Corporation. (Attachments: #1 Declaration of Mitchell A. Karlan, #2 Exhibit A - Bill of Costs, #3 Exhibit B - Invoices, #4 Exhibit C - Invoices, #5 Exhibit D - Invoices, #6 Exhibit E - Invoices, #7 Exhibit F - Invoices, #8 Exhibit G - Invoices, #9 Exhibit H - Invoices, #10 Exhibit I - Invoices, #11 Exhibit J - Invoices, #12 Exhibit K - Invoices, #13 Exhibit L - Invoices, #14 Exhibit M - Invoices, #15 Exhibit N - Invoices, #16 Exhibit O - Invoices, #17 Exhibit P - Invoices, #18 Exhibit Q - Invoices, #19 Exhibit R - Invoices, #20 Exhibit S - Invoices, #21 Exhibit T - Invoices, #22 Exhibit U - Invoices, #23 Exhibit V - Invoices, #24 Exhibit W - Invoices, #25 Exhibit X - Invoices, #26 Exhibit Y - Invoices, #27 Exhibit Z - Invoices, #28 Exhibit AA - Invoices, #29 Exhibit BB - Invoices, #30 Exhibit CC - Invoices, #31 Exhibit DD - Invoices, #32 Exhibit EE - Invoices, #33 Exhibit FF - Invoices, #34 Exhibit GG - Invoices, #35 Exhibit HH - Invoices, #36 Exhibit II - Fees, #37 Exhibit JJ - Fees, #38 Exhibit KK - Fees, #39 Exhibit LL - Fees, #40 Exhibit MM - Fees, #41 Exhibit NN - Invoices, #42 Exhibit OO - Transcripts)(Karlan, Mitchell) |
| Filing 450 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals as to #448 Judgment by Brian A. Bash. ( Filing fee $ 505 receipt number AOHNDC-9877358.). (Warren, Daniel) |
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Filing 449
Order that the jurors will be provided lunch during their deliberations at the Court's expense in the amount of $10.00 each. Judge Patricia A. Gaughan on 3/10/20. (LC,S)
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| Filing 448 Judgment in a Civil Action in favor of Textron Financial Corporation against Brian A. Bash. Judge Patricia A. Gaughan on 3/10/20. (LC,S) re #447 |
| Filing 447 Minutes of proceedings before Judge Patricia A. Gaughan. Attorneys Daniel Warren, Scott Holbrook, Michael VanNiel, Daniel Kavouras & Jeremy Dunnaback and Brian Bash, Trustee present for Plaintiff. Attorneys Mitchell Karlan, Quintin Lindsmith, Lee Dunst, Nancy Hart & Justin Goeke and Party Representative Robert Hotaling present for Defendant Textron Financial Corporation. Charge to the Jury. Jury returns a verdict in favor of the Defendant and against Plaintiff. (Court Reporter: Sue Trischan) Time: 1.5 hrs. (LC,S) |
| Filing 446 Minutes of proceedings before Judge Patricia A. Gaughan. Attorneys Daniel Warren, Scott Holbrook, Michael VanNiel, Daniel Kavouras & Jeremy Dunnaback and Brian Bash, Trustee present for Plaintiff. Attorneys Mitchell Karlan, Quintin Lindsmith, Lee Dunst, Nancy Hart & Justin Goeke and Party Representative Robert Hotaling present for Defendant Textron Financial Corporation. Defendant's Case Continued and Concluded. Testimony Taken. Final Arguments. Adjourned until 3/10/20 at 9:00 a.m. (Court Reporter: Sue Trischan) Time: 6.5 hrs. (LC,S) |
| Filing 440 Letter to the Honorable Patricia A. Gaughan from Mitchell A. Karlan re request to renew Defendant's February 28, 2020 motion for judgment as a matter of law under Federal Rule of Civil Procedure 50(a) filed by Textron Financial Corporation. (Karlan, Mitchell) |
| Filing 439 Letter in Response to Trustee's March 7, 2020 Letter regarding jury instructions filed by Textron Financial Corporation. Related document(s) #438 . (Karlan, Mitchell) |
| Filing 438 Letter regarding proposed jury instructions filed by Brian A. Bash. (Attachments: #1 Exhibit A - Proposed Revised Jury Instruction on Novation, #2 Exhibit B - Proposed Revised Jury Instruction on Fraudulent Intent, #3 Exhibit C - Proposed Revised Jury Interrogatory on Fraudulent Intent)(Warren, Daniel) |
| Filing 445 Minutes of proceedings before Judge Patricia A. Gaughan. Attorneys Daniel Warren, Scott Holbrook, Michael VanNiel, Daniel Kavouras & Jeremy Dunnaback and Brian Bash, Trustee present for Plaintiff. Attorneys Mitchell Karlan, Quintin Lindsmith, Lee Dunst, Nancy Hart & Justin Goeke and Party Representative Robert Hotaling present for Defendant Textron Financial Corporation. Defendant's Case Continued and Not Concluded. Testimony Taken. Adjourned until 3/9/20 at 9:00 a.m. (Court Reporter: Sue Trischan) Time: 6.5 hrs. (LC,S) |
| Filing 444 Minutes of proceedings before Judge Patricia A. Gaughan. Attorneys Daniel Warren, Scott Holbrook, Michael VanNiel, Daniel Kavouras & Jeremy Dunnaback and Brian Bash, Trustee present for Plaintiff. Attorneys Mitchell Karlan, Quintin Lindsmith, Lee Dunst, Nancy Hart & Justin Goeke and Party Representative Robert Hotaling present for Defendant Textron Financial Corporation. Defendant's Case Continued and Not Concluded. Testimony Taken. Adjourned until 3/6/20 at 9:00 a.m. (Court Reporter: Sue Trischan) Time: 6.5 hrs. (LC,S) |
| Filing 443 Minutes of proceedings before Judge Patricia A. Gaughan. Attorneys Daniel Warren, Scott Holbrook, Michael VanNiel, Daniel Kavouras & Jeremy Dunnaback and Brian Bash, Trustee present for Plaintiff. Attorneys Mitchell Karlan, Quintin Lindsmith, Lee Dunst, Nancy Hart & Justin Goeke and Party Representative Robert Hotaling present for Defendant Textron Financial Corporation. Defendant's Case Continued and Not Concluded. Testimony Taken. Adjourned until 3/5/20 at 9:00 a.m. (Court Reporter: Sue Trischan) Time: 7.0 hrs. (LC,S) |
| Filing 442 Minutes of proceedings before Judge Patricia A. Gaughan. Attorneys Daniel Warren, Scott Holbrook, Michael VanNiel, Daniel Kavouras & Jeremy Dunnaback and Brian Bash, Trustee present for Plaintiff. Attorneys Mitchell Karlan, Quintin Lindsmith, Lee Dunst, Nancy Hart & Justin Goeke and Party Representative Robert Hotaling present for Defendant Textron Financial Corporation. Defendant's Case Continued and Not Concluded. Testimony Taken. Adjourned until 3/4/20 at 9:00 a.m. (Court Reporter: Sue Trischan) Time: 7.0 hrs. (LC,S) |
| Filing 441 Minutes of proceedings before Judge Patricia A. Gaughan. Attorneys Daniel Warren, Scott Holbrook, Michael VanNiel, Daniel Kavouras & Jeremy Dunnaback and Brian Bash, Trustee present for Plaintiff. Attorneys Mitchell Karlan, Quintin Lindsmith, Lee Dunst, Nancy Hart & Justin Goeke and Party Representative Robert Hotaling present for Defendant Textron Financial Corporation. Plaintiff's Case Continued and Concluded. Defendant's Case Begun and Not Concluded. Testimony Taken. Adjourned until 3/3/20 at 9:00 a.m. (Court Reporter: Sue Trischan) Time: 6.5 hrs. (LC,S) Modified on 3/10/2020 (LC,S). |
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Filing 432
Order This matter is before the Court upon defendant's request that the Court reconsider its ruling granting Non-Party Mark Heuerman, Ohio Department of Commerce, Division of Securities's, Motion to Quash, or in the Alternative, Modify Subpoena to allow the parties to further brief the issue. Defendant's request to reconsider the Court's ruling granting Non-Party Mark Heuerman, Ohio Department of Commerce, Division of Securities's, Motion to Quash, or in the Alternative, Modify Subpoena is GRANTED. The motion to quash is DENIED re #403 . Judge Patricia A. Gaughan on 3/02/2020. (D,Ma)
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| Filing 431 Joint Proposed Stipulation regarding actual creditor requirement of the trustee's actual fraudulent transfer claim filed by Brian A. Bash. (Warren, Daniel) |
| Filing 430 Letter regarding the upcoming testimony of Donald Henderson, Lew Humphrey, and Ronald Kaffen filed by Brian A. Bash. Related document(s) #429 . (Warren, Daniel) |
| Filing 437 Minutes of proceedings before Judge Patricia A. Gaughan. Attorneys Daniel Warren, Scott Holbrook, Michael VanNiel, Daniel Kavouras & Jeremy Dunnaback and Brian Bash, Trustee present for Plaintiff. Attorneys Mitchell Karlan, Quintin Lindsmith, Lee Dunst, Nancy Hart & Justin Goeke and Party Representative Robert Hotaling present for Defendant Textron Financial Corporation. Plaintiff's Case Continued and Not Concluded. Testimony Taken. Adjourned until 3/2/20 at 9:00 a.m. (Court Reporter: Sue Trischan) Time: 6.5 hrs. (LC,S) |
| Filing 429 Letter to the Honorable Patricia A. Gaughan from Mitchell A. Karlan re the upcoming testimony of Don Henderson and Lew Humphrey filed by Textron Financial Corporation. (Karlan, Mitchell) |
| Filing 428 Reply to opposition to #403 Motion to quash or in the Alternative Modify Subpoena Issued to Mark Heuerman filed by Ohio Division of Securities. (Attachments: #1 Exhibit A Affidavit of Rachel O. Huston)(Huston, Rachel) |
| Filing 436 Minutes of proceedings before Judge Patricia A. Gaughan. Attorneys Daniel Warren, Scott Holbrook, Michael VanNiel, Daniel Kavouras & Jeremy Dunnaback and Brian Bash, Trustee present for Plaintiff. Attorneys Mitchell Karlan, Quintin Lindsmith, Lee Dunst, Nancy Hart & Justin Goeke and Party Representative Robert Hotaling present for Defendant Textron Financial Corporation. Plaintiff's Case Continued and Not Concluded. Testimony Taken. Adjourned until 2/28/20 at 9:00 a.m. (Court Reporter: Sue Trischan) Time: 6.0 hrs. (LC,S) |
| Filing 427 Letter to the Honorable Judge Gaughan from Mitchell A. Karlan regarding testimony of Charles Heflin filed by Textron Financial Corporation. (Karlan, Mitchell) |
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Filing 426
Order: Trustee's Motion to Qualify Business Records (Doc. 417) is GRANTED in PART. The Court finds that, with the exception of Exhibit P attached to Mr. Klein's declaration, the certification is accepted and the Court finds that the documents are authentic business records. (Related Doc #417 ) Judge Patricia A. Gaughan on 2/27/2020.(D,Ma)
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| Filing 435 Minutes of proceedings before Judge Patricia A. Gaughan. Attorneys Daniel Warren, Scott Holbrook, Michael VanNiel, Daniel Kavouras & Jeremy Dunnaback and Brian Bash, Trustee present for Plaintiff. Attorneys Mitchell Karlan, Quintin Lindsmith, Lee Dunst, Nancy Hart & Justin Goeke and Party Representative Robert Hotaling present for Defendant Textron Financial Corporation. Plaintiff's Case Continued and Not Concluded. Testimony Taken. Adjourned until 2/27/20 at 9:00 a.m. (Court Reporter: Sue Trischan) Time: 6.5 hrs. (LC,S) |
| Filing 434 Minutes of proceedings before Judge Patricia A. Gaughan. Attorneys Daniel Warren, Scott Holbrook, Michael VanNiel, Daniel Kavouras & Jeremy Dunnaback and Brian Bash, Trustee present for Plaintiff. Attorneys Mitchell Karlan, Quintin Lindsmith, Lee Dunst, Nancy Hart & Justin Goeke and Party Representative Robert Hotaling present for Defendant Textron Financial Corporation. Plaintiff's Case Begun and Not Concluded. Testimony Taken. Adjourned until 2/26/20 at 9:00 a.m. (Court Reporter: Sue Trischan) Time: 6.5 hrs. (LC,S) |
| Filing 433 Minutes of proceedings before Judge Patricia A. Gaughan. Attorneys Daniel Warren, Scott Holbrook, Michael VanNiel, Daniel Kavouras & Jeremy Dunnaback and Brian Bash, Trustee present for Plaintiff. Attorneys Mitchell Karlan, Quintin Lindsmith, Lee Dunst, Nancy Hart & Justin Goeke and Party Representative Robert Hotaling present for Defendant Textron Financial Corporation. Voir Dire held. Opening Statements of Counsel. Adjourned until 2/25/20 at 9:00 a.m. Judge Patricia A. Gaughan on 1/16/19. (Court Reporter: Sue Trischan) Time: 7.0 hrs. (LC,S) |
| Filing 425 Reply in support of #417 Motion to Qualify Business Records filed by Brian A. Bash. (Attachments: #1 Exhibit A - Exhibit List, #2 Exhibit B - Deposition Designations, #3 Exhibit C - Klein Deposition Exhibit 620, #4 Exhibit D - Klein Deposition Exhibit 621, #5 Exhibit E - Klein Deposition Exhibit 622, #6 Exhibit F - Klein Deposition Excerpts)(Warren, Daniel) |
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Filing 424
Order: Regarding Mark Heuerman, the Court will allow the non-party witness to file a reply brief. The reply brief is due 3/02/2020. Judge Patricia A. Gaughan on 2/24/2020. (D,Ma)
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| Filing 423 Opposition to #417 Motion to Qualify Business Records filed by Textron Financial Corporation. (Attachments: #1 Appendix A - Klein Declaration Exhibits, #2 Appendix B - Hostetler Declaration Exhibits, #3 Appendix C - Chart of Klein and Hostetler Declaration Exhibits)(Karlan, Mitchell) |
| Filing 422 Re-Ordered Exhibit List and Objections to the Trustee's Exhibits filed by Textron Financial Corporation. (Attachments: #1 Appendix A - Textron Financial Corporation's Index Of Exhibits, #2 Appendix B - Textron Financial's Objections to the Trustee's Proposed Exhibit List)(Karlan, Mitchell) |
| Filing 421 Reordered Objection to Textron's Exhibit List filed by Brian A. Bash. Related document(s) #398 . (Warren, Daniel) |
| Filing 420 Declaration of Mitchell A. Karlan in Opposition to Motion to Quash filed by Textron Financial Corporation. Related document(s) #403 . (Attachments: #1 Exhibit A - Transcript, #2 Exhibit B - Emails, #3 Exhibit C - Subpoena, #4 Exhibit D - Letter)(Karlan, Mitchell) Modified on 2/21/2020 (J,G). |
| Filing 419 Opposition to #403 Motion to quash or in the Alternative Modify Subpoena Issued to Mark Heuerman filed by Textron Financial Corporation. (Karlan, Mitchell) |
| Filing 418 Subpoena Returned Executed; served upon Paul Durbak by Process Server on 02/20/2020 filed on behalf of Textron Financial Corporation (Lindsmith, Quintin) |
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Order [non-document]: Non-Party Mark Heuerman, Ohio Department of Commerce, Division of Securities Motion to Quash, or in the Alternative Modify Subpoena is unopposed and granted. Judge Patricia A. Gaughan on 2/20/20. (LC,S) (Related Doc #403 )
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| Filing 417 Motion to Qualify Business Records filed by Respondent Brian A. Bash. (Attachments: #1 A. Klein Certification, #2 B. Hostetler Certification)(Warren, Daniel) |
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Filing 416
Order. Judge Patricia A. Gaughan on 2/19/20. (LC,S)
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| Filing 415 Motion for attorney Christina S. Cernak to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9802547, filed by Movant Textron Financial Corporation. (Attachments: #1 Affidavit of Christina S. Cernak)(Lindsmith, Quintin) |
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Order [non-document] Granting Motion of Defendant Textron Financial Corporation for Admission of Christina S. Cernak Pro Hac Vice. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #415 ). Judge Patricia A. Gaughan on 2/19/20.(LC,S)
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Order [non-document] Motion for appearance pro hac vice by attorney Timothy Sun for Textron Financial Corporation is granted. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #413 ). Judge Patricia A. Gaughan on 2/19/20.(D,Ma)
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Filing 414
Order. Judge Patricia A. Gaughan on 2/18/20. (LC,S) re #410
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| Filing 413 Motion for attorney Timothy Sun to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-9800733, filed by Movant Textron Financial Corporation. (Attachments: #1 Affidavit of Timothy Sun)(Lindsmith, Quintin) |
| Filing 412 Objections to the Trustee's February 10, 2020 List of Exhibits to be Introduced During its Opening and Case-in-Chief and Reply to the Trustee's February 11, 2020 Response to Objections to Post-January 6, 2004 Evidence filed by Textron Financial Corporation. Related document(s) #404 , #392 , #407 , #393 . (Karlan, Mitchell) |
| Filing 411 Opposition to #410 Motion for leave to Designate Additional Deposition Testimony of Ralph Infante filed by Textron Financial Corporation. (Karlan, Mitchell) |
| Filing 410 Motion for leave to Designate Additional Deposition Testimony of Ralph Infante filed by Respondent Brian A. Bash. (Attachments: #1 Exhibit A - Infante Deposition Excerpt)(Warren, Daniel) |
| Filing 409 Response to Testron's February 13, 2020 Letter Objection to the Trustee's Opening Exhibits filed by Brian A. Bash. Related document(s) #408 . (Warren, Daniel) |
| Filing 408 Letter to the Hon. Judge Gaughan from Mitchell A. Karlan regarding preclusion of certain documents and issues during Plaintiff's opening filed by Textron Financial Corporation. (Attachments: #1 Appendix A- Ex. 130-R, #2 Appendix B- Ex. 230, #3 Appendix C- Ex. 231, #4 Appendix D- Open End Credit Agreement)(Karlan, Mitchell) |
| Filing 407 Response to Textron's Objections to Post-January 6, 2004 Evidence filed by Brian A. Bash. Related document(s) #404 , #392 , #393 . (Attachments: #1 Exhibit A - Grice Report) (Warren, Daniel) |
| Filing 406 Corrected List of Exhibits for Opening Statement and Case-in-Chief filed by Brian A. Bash. Related document(s) #405 . (Warren, Daniel) |
| Filing 405 List of Exhibits for Opening Statement and Case-in-Chief filed by Brian A. Bash. (Kavouras, Daniel - s/ by Daniel R. Warren) |
| Filing 404 Amended Deposition Designation Objections and Proposed "Case in Chief" Opening Statement Exhibits filed by Textron Financial Corporation. (Attachments: #1 Appendix A - Textron Financial's Proposed Opening Statement and Case in Chief Exhibits, #2 Appendix B - Birk Amended Objections, #3 Appendix C - Brown Amended Objections, #4 Appendix D - Coulter Amended Objections, #5 Appendix E - Egloff Amended Objections, #6 Appendix F - Eichenberger Amended Objections, #7 Appendix G - Giulioli Amended Objections, #8 Appendix H - Henderson Amended Objections, #9 Appendix I - Infante Amended Objections, #10 Appendix J - Kimmerling Amended Objections, #11 Appendix K - LaCagnin Amended Objections, #12 Appendix L - O'Fallon Amended Objections, #13 Appendix M - Osler Amended Objections, #14 Appendix N - Schlichte Amended Objections, #15 Appendix O - Turner Amended Objections)(Dunst, Lee - s/ by Mitchell A. Karlan) |
| Filing 403 Motion to quash, or in the Alternative Modify Subpoena Issued to Mark Heuerman filed by Interested Party Ohio Division of Securities. (Attachments: #1 Memorandum in Support of Motion to Modify, #2 Exhibit A Subpoena, #3 Exhibit B Objection Letter, #4 Exhibit C MapQuest Printout Distance)(Huston, Rachel) |
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Filing 402
Order. Judge Patricia A. Gaughan on 2/6/20. (LC,S)
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Filing 401
Order Last evening, the parties filed their objections to each other's deposition designations. The Court has reviewed both filings and is discouraged by the sheer number of objections defendant is maintaining. By way of example, defendant repeatedly objects to the form of the questions, or on the grounds that a question was asked and answered, even though the entire deposition is not being offered. The parties requested that the Court provide them with ample time to allow them to splice together the relevant portions of the many video depositions that are expected to be used in this case. The Court will endeavor to provide counsel with as much advance notice as possible, but cannot make any guarantees.The Court Orders defendant to re-evaluate each objection and narrow those objections to the ones it would be asserting in front of the jury if the witness were testifying live. In the event defendant is able to narrow its objections, the amended objections are to be filed with the Court no later than February 10, 2020. In addition, the parties are required to submit to the Court a witness list containing a realistic list of the witnesses each party intends to present to the jury in its case in chief. This list need only contain those witnesses the parties intend to present through deposition testimony. The parties need not exchange these lists, but may email the lists to the Court on February 10, 2020. The Courts previous Order regarding the disclosure of the sequence of the witnesses remains in effect. Judge Patricia A. Gaughan on 2/05/2020. (D,Ma)
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Filing 400
Order: This matter is before the Court upon Defendant's Renewed Motion In Limine to Preclude Testimony from V-Noteholders (Doc. #382 ). The motion is GRANTED in PART and DENIED in PART. Judge Patricia A. Gaughan on 2/5/20. (LC,S)
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| Filing 399 Corrected Objection to Textron's Deposition Designations filed by Brian A. Bash. Related document(s) #397 . (Warren, Daniel) |
| Filing 398 Objection to Textron's Exhibit List filed by Brian A. Bash. (Warren, Daniel) |
| Filing 397 Objection to Textron's Deposition Designations filed by Brian A. Bash. (Warren, Daniel) |
| Filing 396 Supplement to Trial Brief of Defendant Textron Financial Corporation filed by Textron Financial Corporation. Related document(s) #386 . (Attachments: #1 Appendix A - Combined Deposition Designations)(Karlan, Mitchell) |
| Filing 395 Objections to the Trustee's Proposed Deposition Designations filed by Textron Financial Corporation. (Attachments: #1 Appendix A - Birk Objections, #2 Appendix B - Brown Objections, #3 Appendix C - Coulter Objections, #4 Appendix D - Egloff Objections, #5 Appendix E - Eichenberger Objections, #6 Appendix F - Giulioli Objections, #7 Appendix G - Henderson Objections, #8 Appendix H - Heuerman Objections, #9 Appendix I - Infante Objections, #10 Appendix J - Kaffen Objections, #11 Appendix K - Kimmerling Objections, #12 Appendix L - LaCagnin Objections, #13 Appendix M - McQuown Objections, #14 Appendix N - O'Fallon Objections, #15 Appendix O - Osler Objections, #16 Appendix P - Palmieri Objections, #17 Appendix Q - Schlichte Objections, #18 Appendix R - Turner Objections) (Karlan, Mitchell) |
| Filing 394 Minutes/Order: Final Pretrial was held. Trial is still set February 24, 2020 at 9:00 a.m. By February 10, 2020, the following will be exchanged and shared with the Court: documents that will be used during opening statements and exhibits that will be used in the partys case in chief. By February 10, 2020, the following will be shared with the Court only: whether Brian Bash will testify and, if so, the anticipated scope of the testimony, and whether Ben Kimmerling, Anthony Schlichte, Ronald Kaffen and Mark Heuerman will testify. If Mr. Kaffen and Mr. Heuerman will testify, Plaintiff is to provide law as to whether they must testify live. By February 14, 2020, the parties will provide to the Court the sequence of witnesses, and two business days in advance of testimony, the sequence will be exchanged between the parties. One business day in advance of opening statement, testimony, and/or closing argument, demonstrative evidence will be exchanged between the parties and shared with the Court. Judge Patricia A. Gaughan on 2/4/20. (LC,S) Time: 4.0 hrs |
| Filing 393 Objections to the Trustee's Proposed Exhibits filed by Textron Financial Corporation. (Karlan, Mitchell) Document unsigned. Filer notified. - Modified on 2/14/2020 (J,G). |
| LAST NOTICE: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. In order to complete our final transition to NextGen, CM/ECF will be offline starting at 12:00 noon on Friday, February 7, 2020, through 11:59 p.m. Sunday, February 9, 2020. Pursuant to General Order 2020-02, we have established an email box, nextgenfilings@ohnd.uscourts.gov, for submitting documents to be filed during this period.Preparing for NextGen is a two-step process. Step one was to obtain or upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your OHND e-filing account in the NextGen CM/ECF system on or after February 10, 2020. # Linking Instructions. You will be unable to e-file until the accounts are linked. If you have any additional questions, please call the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) |
| Filing 392 Letter to Judge Patricia A. Gaughan re pre-trial conference agenda filed by Textron Financial Corporation. (Karlan, Mitchell) |
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Order [non-document] Granting Motion for appearance pro hac vice by attorney Justine Goeke for Textron Financial Corporation. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #391 ). Judge Patricia A. Gaughan on 1/29/20.(LC,S)
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| Filing 391 Motion for attorney Justine Goeke to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9751148, filed by Movant Textron Financial Corporation. (Attachments: #1 Exhibit A, Affidavit of Justine Goeke)(Lindsmith, Quintin) |
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Filing 390
Order: The parties recently presented the Court with deposition designations they intend to use at the upcoming trial in this matter. Each party is hereby ORDERED to provide the Court with two hard copies of the relevant pages from the depositions themselves. The hard copies should be in the form of tabbed binders organized by deponent to allow the Court to easily review any objections made to the designations. In addition, the Court will use the binders for ease of reference at the trial. The parties may bring the binders with them to the Final Pretrial, or submit them beforehand. Judge Patricia A. Gaughan on 1/29/20. (LC,S)
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| Filing 389 Reply memorandum of law in further support of #382 Motion in limine to Preclude Testimony from V-Noteholders filed by Textron Financial Corporation. (Karlan, Mitchell) |
| Minutes/Order [non-document]: By agreement of the parties, Settlement Conference was held before Chief Judge Patricia A. Gaughan. Time: 4.5 hrs. (LC,S) |
| Filing 388 Opposition to #382 Motion in limine to Preclude Testimony from V-Noteholders filed by Brian A. Bash. (Attachments: #1 Exhibit Tab A - Lukacik Deposition, #2 Exhibit Tab B - Hunka Deposition, #3 Exhibit Tab C - Smith Deposition, #4 Exhibit Tab D - Deposition Exhibit 8-R, #5 Exhibit Tab E - Henderson Deposition, #6 Exhibit Tab F - Deposition Exhibit 113-R, #7 Exhibit Tab G - Lacagnin Deposition, #8 Exhibit Tab H - Infante Deposition, #9 Exhibit Tab I - Kalina Deposition)(Warren, Daniel) |
| Filing 387 Amended Proposed Jury Instructions and Verdict Forms filed by Brian A. Bash. Related document(s) #383 . (Warren, Daniel) |
| Filing 386 Trial Brief of Defendant Textron Financial Corporation with Appendices filed by Textron Financial Corporation. (Karlan, Mitchell) |
| Filing 385 Trial Brief of Plaintiff Trustee filed by Brian A. Bash. (Attachments: #1 Exhibit Exhibit A - Exhibit List, #2 Exhibit Exhibit B - Deposition Designations)(Warren, Daniel) |
| Filing 384 Joint Statement of the Case and Stipulations filed by Brian A. Bash. (Warren, Daniel) |
| Filing 383 Proposed Jury Instructions and Verdict Forms filed by Brian A. Bash. (Warren, Daniel) |
| IMPORTANT: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. Information regarding NextGen can be found # on the court's website.Preparing for NextGen CM/ECF is a multi-step process. Step one is to obtain or upgrade your PACER account. Currently, attorneys within a firm may share a PACER account. This will not be allowed with NextGen. Each attorney must have their own upgraded PACER account. If you are using a shared PACER account, register for a new PACER account by clicking # here.If you have an upgraded PACER account for another NextGen court or your PACER account was created after August 10, 2014, no further action is required at this time. If neither applies, you must upgrade your legacy PACER account. If this is not done, you will be unable to e-file after February 10, 2020. Instructions for linking your PACER account to your CM/ECF account will be sent in February. If you still have questions, please contact the PACER Service Center at 800-676-6854 or the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) |
| Filing 382 Motion in limine to Preclude Testimony from V-Noteholders filed by Movant Textron Financial Corporation. (Attachments: #1 Brief in Support Memorandum of Law In Support of the Renewed Motion In Limine to Preclude Testimony from V-Noteholders, #2 Affidavit Declaration of Mitchell A. Karlan in Support, #3 Exhibit A - Witness List, #4 Exhibit B - Transcript, #5 Exhibit C - Transcript, #6 Exhibit D - Transcript, #7 Exhibit E - Transcript, #8 Exhibit F - Chart)(Karlan, Mitchell) |
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Filing 381
Order: The Trustee's Motion to Exclude the Testimony of Peter A. Solimine (Doc. #357 ) is GRANTED in PART and DENIED in part, as set forth herein. Judge Patricia A. Gaughan on 12/19/19. (LC,S)
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Filing 380
Order: This matter is before the Court upon the parties' Joint Motion to Modify Certain Deadlines in the Civil Trial Order (Doc. #378 ). The motion is GRANTED with the following modifications: Trial briefs are now due January 20, 2019; Unresolved objections with regard to exhibits must be filed on the docket on February 4, 2020. In all likelihood, the Court will not be in a position to render a ruling on the objections at the final pretrial, which is scheduled for that same day; and Objections to deposition designations must also be filed on the docket on February 4, 2020. The parties remain free to alter their internal schedule in order to meet this deadline. Judge Patricia A. Gaughan on 12/12/19. (LC,S)
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Filing 379
Order: This matter is before the Court upon the parties' motions in limine, with the exception of the Trustees Motion to Exclude the Testimony of Peter A. Solimine, which will be addressed in a separate Order. The Court rules as follows: 1) Defendant's Motion to Bifurcate Trial (Doc. #350 ) is DENIED. 2) Defendant's Motion in Limine to Preclude Admission of Evidence, Testimony, and Argument Post-January 6, 2004 (Doc. #352 ) is DENIED. 3) Defendant's Motion in Limine to Preclude Evidence from V-Noteholders (Doc. #353 ) is DENIED at this time. 4) Defendant's Motion in Limine to Preclude Certain Evidence Regarding Textron, Inc., RD Legal Funding, and the Amounts Owed to V-Noteholders (Doc. #358 ) is GRANTED. 5) Defendant Textron Financial Corporation's Motion in Limine to Preclude Evidence or Comment Regarding the Legal Significance of the Jury's Finding of the Issue of Novation (Doc. #359 ) is GRANTED. 6) Trustee's Motion in Limine to Exclude Evidence of Non-Prosecution of Defendant Textron Financial (Doc. #355 ) is GRANTED. 7) Trustee's Motion in Limine to Exclude Evidence Regarding the Trustee's Attorney's Fees (Doc. #356 ) is GRANTED. Judge Patricia A. Gaughan on 12/12/19. (LC,S)
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| Filing 378 Joint Motion for extension of the deadlines in the Court's Civil Trial Order dated July 11, 2019 until various dates filed by Movant Textron Financial Corporation. (Karlan, Mitchell) |
| Filing 377 Letter to the Hon. Patricia A. Gaughan from Mitchell A. Karlan regarding request for oral argument on the motions in limine filed by Textron Financial Corporation. (Karlan, Mitchell) |
| Filing 376 Reply in support of #352 Motion in limine to Preclude Admission of Evidence, Testimony, and Argument Post- January 6, 2004 filed by Textron Financial Corporation. (Karlan, Mitchell) |
| Filing 375 Reply to response to #357 Motion in limine to Exclude the Testimony of Peter A. Solimine filed by Brian A. Bash. (Holbrook, Scott) |
| Filing 374 Reply in support of #356 Motion in limine to Exclude Evidence Regarding the Trustee's Attorneys' Fees filed by Brian A. Bash. (Holbrook, Scott) |
| Filing 373 Reply in support of #355 Motion in limine to Exclude Evidence of Non-Prosecution of Defendant Textron Financial filed by Brian A. Bash. (Holbrook, Scott) |
| Filing 372 Reply in support of #353 Motion in limine to Preclude Evidence from V-Noteholders filed by Textron Financial Corporation. (Karlan, Mitchell) |
| Filing 371 Reply in support of #358 Motion in limine to Preclude certain evidence regarding Textron, Inc., RD Legal Funding, and the amounts owed to the V-Noteholders filed by Textron Financial Corporation. (Attachments: #1 Appendix Supplemental Declaration of Mitchell A. Karlan, #2 Exhibit A - Doug DeRose Deposition Transcript, #3 Exhibit B - John Head Deposition Transcript)(Karlan, Mitchell) |
| Filing 370 Reply in support of #350 Motion to bifurcate filed by Textron Financial Corporation. (Attachments: #1 Declaration of Mitchell A. Karlan, #2 Exhibit A- Cook Deposition, #3 Exhibit B- Egloff Deposition)(Karlan, Mitchell) |
| Filing 369 Reply in support of #359 Motion in limine to Preclude Evidence or Comment Regarding the Legal Significance of the Jury's Findings on the Issue of Novation filed by Textron Financial Corporation. (Karlan, Mitchell) |
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Order [non-document]: Defendant's Letter of 11/13/19 will be treated as a Motion for Extension of Time to File a Reply Brief as to the Pending Motions in Limine and Motion to Bifurcate Trial is Granted to 11/20/19. Judge Patricia A. Gaughan on 11/15/19. (LC,S) re #368
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| Filing 368 Letter to Judge Patricia A. Gaughan re consented request for a two-day extension filed by Textron Financial Corporation. Related document(s) #344 . (Karlan, Mitchell) |
| Filing 367 Opposition to #350 Motion to bifurcate filed by Brian A. Bash. (Attachments: #1 Exhibit Tab A - Depo. Ex. 138 (Loan Agmt), #2 Exhibit Tab B - Egloff Depo. Excerpts, #3 Exhibit Tab C - Cook Depo. Excerpts, #4 Exhibit Tab D - Depo. Ex. 8-R (Infante Email), #5 Exhibit Tab E - Depo. Ex. 176 (Infante Email), #6 Exhibit Tab F - Depo. Ex. 1 (Loan Agmt), #7 Exhibit Tab G - Depo. Ex. 166 (Textron Memo), #8 Exhibit Tab H - Giulioli Depo. Excerpts, #9 Exhibit Tab I - Palmieri Depo. Excerpts, #10 Exhibit Tab J - Infante Depo. Excerpts, #11 Exhibit Tab K - Depo. Ex. 136 (Credit Modification Request), #12 Exhibit Tab L - LaCagnin Depo. Excerpts, #13 Exhibit Tab M - Depo. Ex. 130-R (Credit Modification Request), #14 Exhibit Tab N - Depo. Ex. 218 (Fourth Am. to Loan Agmt))(Holbrook, Scott) |
| Filing 366 Opposition to #352 Motion in limine to Preclude Admission of Evidence, Testimony, and Argument Post- January 6, 2004 filed by Brian A. Bash. (Attachments: #1 Tab A - Depo. Ex. 166 (Textron Memo), #2 Tab B - Infante Depo. Excerpts, #3 Tab C - Depo. Ex. 8-R (Infante Email), #4 Tab D - Depo. Ex. 176 (Infante Email), #5 Tab E - Giulioli Depo. Excerpts, #6 Tab F - LaCagnin Depo. Excerpts, #7 Tab G - Depo. Ex. 130-R (Credit Modification Request))(Holbrook, Scott) |
| Filing 365 Response to #359 Motion in limine to Preclude Evidence or Comment Regarding the Legal Significance of the Jury's Findings on the Issue of Novation filed by Brian A. Bash. (Holbrook, Scott) |
| Filing 364 Opposition to #353 Motion in limine to preclude evidence from V-Noteholder filed by Brian A. Bash. (Attachments: #1 Exhibit Tab A - Deposition Exhibit 8-R (Infante Email), #2 Exhibit Tab B - Henderson Deposition Excerpts, #3 Exhibit Tab C - Deposition Exhibit 113-R (Textron Memo), #4 Exhibit Tab D - LaCagnin Deposition Excerpts, #5 Exhibit Tab E - Infante Deposition Excerpts) (Holbrook, Scott) |
| Filing 363 Opposition to #358 Motion in limine to Preclude certain evidence regarding Textron, Inc., RD Legal Funding, and the amounts owed to the V-Noteholders filed by Brian A. Bash. (Attachments: #1 Exhibit Tab A - Deposition Exhibit 166 (Textron Memo), #2 Exhibit Tab B - Deposition Exhibit 8-R (Infante Email), #3 Exhibit Tab C - Giulioli Depo Excerpts, #4 Exhibit Tab D - Infante Deposition Excerpts) (Holbrook, Scott) |
| Filing 362 Opposition to #355 Motion in limine to Exclude Evidence of Non-Prosecution of Defendant Textron Financial filed by Textron Financial Corporation. (Attachments: #1 Declaration of Mitchell A. Karlan, #2 Exhibit A - Indictment, #3 Exhibit B - Brown Deposition Transcript, #4 Exhibit C - Infante Deposition Transcript, #5 Exhibit D - Eichenberger Deposition Transcript, #6 Exhibit E - Osler Deposition Transcript, #7 Exhibit F - Email, #8 Exhibit G - Witness List) (Karlan, Mitchell) |
| Filing 361 Opposition to #356 Motion in limine to Exclude Evidence Regarding the Trustee's Attorneys' Fees filed by Textron Financial Corporation. (Karlan, Mitchell) |
| Filing 360 Opposition to #357 Motion in limine to Exclude the Testimony of Peter A. Solimine filed by Textron Financial Corporation. (Karlan, Mitchell) |
| Filing 359 Motion in limine to Preclude Evidence or Comment Regarding the Legal Significance of the Jury's Findings on the Issue of Novation filed by Movant Textron Financial Corporation. (Attachments: #1 Memorandum of Law in Support)(Karlan, Mitchell) |
| Filing 358 Motion in limine to Preclude certain evidence regarding Textron, Inc., RD Legal Funding, and the amounts owed to the V-Noteholders filed by Movant Textron Financial Corporation. (Attachments: #1 Memorandum of Law in Support, #2 Declaration of Mitchell A. Karlan in Support, #3 Exhibit A - Henderson Deposition Excerpts, #4 Exhibit B - Giulioli Deposition Excerpts) (Karlan, Mitchell). Modified on 11/14/2019 to remove all caps and remove double wording (H,SP). |
| Filing 357 Motion in limine to Exclude the Testimony of Peter A. Solimine with brief in support filed by Respondent Brian A. Bash. (Attachments: #1 Exhibit A, Solimine Report, #2 Exhibit B, Feb. 6, 2017 Hearing Transcript, #3 Exhibit C, Solimine Deposition Transcript, #4 Exhibit D, Infante Deposition Transcript Excerpt)(Holbrook, Scott) |
| Filing 356 Motion in limine to Exclude Evidence Regarding the Trustee's Attorneys' Fees with brief in support filed by Respondent Brian A. Bash. (Holbrook, Scott) |
| Filing 355 Motion in limine to Exclude Evidence of Non-Prosecution of Defendant Textron Financial with brief in support filed by Respondent Brian A. Bash. (Holbrook, Scott) |
| Filing 354 Affidavit/Declaration of Mitchell A. Karlan filed by Textron Financial Corporation. Related document(s) #353 . (Attachments: #1 Exhibit A - Trustee's Second Amended Rule 26 Disclosures)(Karlan, Mitchell) |
| Filing 353 Motion in limine to Preclude Evidence from V-Noteholders filed by Movant Textron Financial Corporation. (Attachments: #1 Memorandum of Law in Support) (Karlan, Mitchell) |
| Filing 352 Motion in limine to Preclude Admission of Evidence, Testimony, and Argument Post- January 6, 2004 filed by Movant Textron Financial Corporation. (Attachments: #1 Memorandum of Law in Support, #2 Declaration of Mitchell A. Karlan, #3 Exhibit A- Kaffen Deposition)(Karlan, Mitchell) |
| Filing 351 Letter to the Hon. Patricia A. Gaughan from Mitchell A. Karlan re the Motion to Bifurcate Trial filed by Textron Financial Corporation. Related document(s) #350 . (Karlan, Mitchell) |
| Filing 350 Motion to bifurcate filed by Movant Textron Financial Corporation. (Attachments: #1 Memorandum In Support) (Karlan, Mitchell) |
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Order [non-document] Defendant's request that the Court consider two motions in limine on an expedited basis is DENIED. Judge Patricia A. Gaughan on 9/16/19. (D,Ma)
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| Filing 349 Letter to Judge Patricia A. Gaughan dated September 11, 2019 filed by Brian A. Bash. Related document(s) #348 . (Warren, Daniel) |
| Filing 348 Letter to Judge Patricia A. Gaughan Regarding Motions Schedule filed by Textron Financial Corporation. (Geher, Lindsey) |
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Filing 347
Order: Defendant Textron Financial Corporation's Motion to Preclude the Testimony of Thomas E. Geyer is GRANTED. (Doc. 306) Judge Patricia A. Gaughan on 8/14/19.(D,Ma)
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| Filing 346 Memorandum of Opinion and Order: Defendant Textron Financial Corporation's Motion to Preclude the Testimony of Richard P. Palmieri (Doc. 308) and Motion to Preclude the Testimony of Charles S. Heflin (Doc. 310) is GRANTED IN PART AND DENIED IN PART. Defendant Textron Financial Corporations Motion to Preclude Certain Testimony of Howard L. Klein (Doc. 304) is DENIED. Judge Patricia A. Gaughan on 8/14/19.(D,Ma) |
| Filing 345 Memorandum of Opinion and Order: Defendant's Motion for Partial Summary Judgment (Doc. #332 ) is DENIED. Judge Patricia A. Gaughan on 7/22/19. (LC,S) |
| Filing 344 Minutes of proceedings before Judge Patricia A. Gaughan. Settlement Conference was held. Final Pretrial is set 2/04/20 at 9:30 a.m. in Chambers 19B. Trial is set 2/24/20 at 9:00 a.m. in Courtroom 19B. Motions in Limine are due 10/28/19. Briefs in Opposition are due 11/11/19. Reply Briefs are due 11/18/19. Trial briefs are due 1/13/20. Patricia A. Gaughan 7/09/19. Time: 2 hours. (D,Ma) |
| Minutes of proceedings[non-document] Settlement Conference was held before Judge Patricia Gaughan. Settlement Conference is set 7/9/2019 at 01:00 PM in Chambers 19B. Parties with authority and Lead Counsel must appear. Judge Patricia A. Gaughan 6/21/19. Time: 5 hours. (D,Ma) |
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Order [non-document] Settlement Conference is set before Chief Judge Patricia A. Gaughan on 6/21/19 at 9:00 a.m. in Chambers 19B, 801 West Superior Ave., Cleveland, Ohio 44113. Each party is to submit a confidential report regarding settlement by 6/17/19 to Gaughan_Chambers@ohnd.uscourts.gov. Judge Patricia A. Gaughan on 6/06/19. (D,Ma)
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| Filing 343 Supplemental Declaration of Mitchell A. Karlan filed by Textron Financial Corporation. (Related document(s) #341 ). (Attachments: #1 Exhibit 9 - Doug Derose Deposition excerpts) (Lindsmith, Quintin) |
| Filing 342 Certification of Compliance with Local Rule 7.1(f) filed by Textron Financial Corporation. Related document(s) #341 .(Lindsmith, Quintin) |
| Filing 341 Reply in support of #332 Motion for partial summary judgment filed by Textron Financial Corporation. (Lindsmith, Quintin) |
| Filing 340 Motion for leave to exceed page limitations to file a 25-page reply brief filed by Movant Textron Financial Corporation. Related document(s) #332 . (Lindsmith, Quintin) |
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Order [non-document] Defendant's motion for leave to file a brief in reply to the Trustee's opposition to Textron's motion for partial summary judgment in excess of page limit is granted to 25 pages. (Related Doc #340 ) Judge Patricia A. Gaughan on 4/09/19. (D,Ma)
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Filing 339
Order: This matter is before the Court upon Defendant's Motion for Extension of Time to File a Reply Brief to the Trustee's Opposition to Textron's Motion for Partial Summary Judgment (Doc. #338 ). The motion is GRANTED. Given the extensions requested by both parties, the Court will no longer guarantee a ruling by May 15, 2019. Judge Patricia A. Gaughan on 3/26/19. (LC,S)
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| Filing 338 Motion for extension of time until April 12, 2019 to file response/reply to #332 Motion for partial summary judgment filed by Movant Textron Financial Corporation. Related document(s) #332 . (Lindsmith, Quintin) |
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Order [non-document]: Trustee's Motion for leave to File, Instanter, Brief in Opposition to Textron's Motion for Partial Summary Judgment in Excess of Page Limit is Granted. Judge Patricia A. Gaughan on 3/18/19. (Related Doc #337 ) (LC,S)
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| Filing 337 Motion for leave to File, Instanter, Brief in Opposition to Textron's Motion for Partial Summary Judgment in Excess of Page Limit filed by Respondent Brian A. Bash. Related document(s) #332 . (Attachments: #1 Brief in Opposition to Textron's Motion for Partial Summary Judgment, #2 Tab FFFFF to Trustee's Brief in Opposition (Victim Impact Statements), #3 Tab GGGGG to Trustee's Brief in Opposition (UFTA (1984) Section 1))(Warren, Daniel) |
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Order [non-document]: Trustee's Motion for Two-Week Extension of Time to File Response to Defendant's Motion for Partial Summary Judgment is Granted to 3/15/19. Judge Patricia A. Gaughan on 2/20/19. (LC,S) re #336
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| Filing 336 Motion for extension of time until March 15, 2019 to file response/reply to #332 Motion for partial summary judgment filed by Respondent Brian A. Bash. Related document(s) #332 . (Attachments: #1 Exhibit A - Proposed Order)(Warren, Daniel) |
| Filing 335 Declaration of Mitchell A. Karlan filed by Textron Financial Corporation. (Related document(s) #332 ). (Attachments: #1 Exhibit 1 - Loan Ledger Report, #2 Exhibit 2 - 2002 Agreement, #3 Exhibit 3 - First Am. to 2002 Agreement, #4 Exhibit 4 - DeRose Deposition, #5 Exhibit 5 - Restatement, #6 Exhibit 6 - Durbak Deposition excerpt, #7 Exhibit 7 - Fair Payoff Letter, #8 Exhibit 8 - Klein Deposition excerpt, #9 Exhibit 9 - Bash Second Amended Complaint) (Lindsmith, Quintin) |
| Filing 334 Declaration of Rebekah A. Smith filed by Textron Financial Corporation. (Related document(s) #332 ) (Lindsmith, Quintin) |
| Filing 333 Certification of Compliance with Local Rule 7.1(f) filed by Textron Financial Corporation. Related document(s) #332 .(Lindsmith, Quintin) |
| Filing 332 Motion for partial summary judgment filed by Movant Textron Financial Corporation. (Attachments: #1 Brief in Support)(Lindsmith, Quintin) |
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Filing 331
Order Lifting Stay. The stay order automatically entered in this matter on January 9, 2019, is hereby LIFTED for the same reasons set forth in the Court's January 3, 2019 Order. Judge Patricia A. Gaughan on 1/11/19. (LC,S) re #330
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Order (non-document) staying case during the government shut down. The stay remains in effect until such time as appropriations funding the federal government are made available. See #General Order 2019-1 for details. Judge Patricia A. Gaughan on 01/09/2019. (M,TL)
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Filing 330
Order Lifting Stay: On December 26, 2018, this case was stayed pursuant to General Order 2018-15. In order to address the government shutdown, that Order stayed all cases for a period of 14 days in which the United States of America appeared. Here, the United States appeared for the limited purpose of moving to quash a subpoena and that issue has been resolved. Therefore, the stay is not applicable and is hereby LIFTED. Judge Patricia A. Gaughan on 1/3/19. (LC,S)
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Order (non-document) staying case for a period of 14 days due to the lapse of congressional appropriations funding the federal government. See #General Order 2018-15 for details. Judge Patricia A. Gaughan on 12/26/2018. (L,Ja)
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| Minutes/Order [non-document]: Status Conference was held. Defendant's Motion for Summary Judgment is due 1/31/19. Brief in Opposition is due 3/1/19. Reply Brief is due 3/15/19. Judge Patricia A. Gaughan on 12/20/18. Time: 30 mins. (LC,S) |
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Order [non-document]: Telephonic Status Conference is set 12/20/18 at 10:00 a.m. Counsel shall provide to the Court by 12/13/18 a joint Status Report or confidential individual Status Reports describing the status of discovery, settlement positions, and issues to be addressed. The Status Report(s) need not be filed, but may be delivered via e-mail at Gaughan_Chambers@ohnd.uscourts.gov. Judge Patricia A. Gaughan on 11/27/18. (LC,S)
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| Filing 329 Memorandum of Opinion and Order: This matter is before the Court upon Bankruptcy Judge Arthur I. Harris's Proposed Conclusions of Law Recommending that the District Court: (1) Grant in Part and Deny in Part Defendant Textron Financial Corporation's Motion for Summary Judgment; (2) Deny Plaintiff Trustee's Motion for Partial Summary Judgment; and (3) Defer Ruling on the Pending Motions in Limine ("R&R"). The objections are REJECTED and the R&R is ACCEPTED. As such, Textron is entitled to summary judgment with respect to the Trustee's civil conspiracy claim. In addition, the Trustee may rely only on its novation theory in support of its fraudulent transfer claim. The motions are DENIED in all other respects. Judge Patricia A. Gaughan on 9/27/18. (LC,S) re #321 , #323 , #300 |
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Order [non-document]. Having been notified by the parties that it is unlikely a further settlement conference will be likely to be successful, the settlement conference set for 8/8/2018 is hereby CANCELLED. The referral for mediation is terminated and this case is returned to the docket of Judge Patricia A. Gaughan for further proceedings. Magistrate Judge Thomas M. Parker on 8/6/2018. (D,JJ)
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| Minutes of proceedings [non-document] before Magistrate Judge Thomas M. Parker. Settlement conference held on 7/26/2018. Respondent, Brian A. Bash, Chapter 7 Trustee with counsel Daniel Warren and Joseph Hutchinson, Jr. participated. Movant Textron Financial Corporation representatives, Tom Kniser and Paul Redick with counsel Lee Dunst and Mitchell Karlan also participated. After extensive discussions, it was determined that additional analysis needs to be done before a resolution can be reached. Accordingly, the court suspended the settlement conference and schedules a further settlement conference for 8/8/2018 at 10:00 AM in Chambers 11B before Magistrate Judge Thomas M. Parker. Counsel and parties will full settlement authority shall be in attendance. Time: 4 hours, 38 minutes. (D,JJ) |
| Minutes of proceedings [non-document] before Magistrate Judge Thomas M. Parker. Ex-parte telephone conferences held on 7/24/2018. Attorneys Daniel Warren, Joseph Hutchinson, Jr., and Scott Holbrook participated along with Brian A. Bash, Trustee. Attorneys Lee Dunst, Mitchell Karlan, Quintin Lindsmith and Nancy Hart and their client representatives participated on behalf of Textron Financial Corporation. The court and counsel discussed background information and issues in order to prepare for the upcoming Settlement Conference set for July 26, 2018. (D,JJ) |
| IMPORTANT: Notice [non-document] of conferences. Ex-Parte Telephone Conference with Movant Textron Financial Corporation set for 7/24/2018 at 10:00 AM in Chambers 11B before Magistrate Judge Thomas M. Parker. Ex-Parte Telephone Conference with Respondent Brian A. Bash, Chapter 7 Trustee set for 7/24/2018 at 1:00 PM in Chambers 11B before Magistrate Judge Thomas M. Parker. Call-in instructions emailed to the parties on this date. Related document(s) #328 . (D,JJ) |
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Filing 328
Order Setting Mediation/Settlement Conference. Settlement Conference set for 7/26/2018 at 10:00 AM in Chambers 11B. Upon receipt of this order, counsel shall contact the magistrate judge's courtroom deputy via email or telephone to schedule the ex-parte telephone conference. Magistrate Judge Thomas M. Parker on 5/25/2018. (O,K)
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Filing 327
Order of Referral: Pending before this Court is the Report and Recommendation filed by Judge Arthur I. Harris and the objections and responses thereto. The Court has thoroughly reviewed all of the materials and concludes that mediation is in the best interests of the parties. Therefore, the Court hereby refers this matter to Magistrate Judge Thomas M. Parker for said purpose. A date will be forthcoming. Judge Patricia A. Gaughan on 4/18/18. (LC,S) re #321
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| Filing 326 Response to the Objection of Trustee to the February 23, 2018 Report and Recommendation filed by Textron Financial Corporation. Related document(s) #321 . (Lindsmith, Quintin) |
| Filing 325 Trustee's Response to Textron's Objections to Proposed Conclusions of Law filed by Brian A. Bash. Related document(s) #322 . (Warren, Daniel) |
| Filing 324 Notice of Filing of Tab E - Part 10, Tab K and Tab P to Trustee's Objections to Proposed Conclusions of Law filed by Brian A. Bash. (Attachments: #1 Tab E - Part 10 - Klein Declaration, #2 Tab K - Ralph Infante Deposition Transcript Excerpts, #3 Tab P - Deposition Exhibit 50)Related document(s) #323 .(Warren, Daniel) |
| Filing 323 Objection to Report and Recommendation filed by Brian A. Bash. Related document(s) #321 . (Attachments: #1 Exhibit Tab A - Deposition Exhibit 1, #2 Exhibit Tab B - Affidavit of Scott Holbrook, #3 Exhibit Tab C - Deposition Exhibit 82, #4 Exhibit Tab D - Deposition Exhibit 120, #5 Exhibit Tab E - Part 1 - Klein Declaration, #6 Exhibit Tab E - Part 2 - Klein Declaration, #7 Exhibit Tab E - Part 3 - Klein Declaration, #8 Exhibit Tab E - Part 4 - Klein Declaration, #9 Exhibit Tab E - Part 5 - Klein Declaration, #10 Exhibit Tab E - Part 6 - Klein Declaration, #11 Exhibit Tab E - Part 7 - Klein Declaration, #12 Exhibit Tab E - Part 8 - Klein Declaration, #13 Exhibit Tab E - Part 10 - Klein Declaration, #14 Exhibit Tab E - Part 11 - Klein Declaration, #15 Exhibit Tab F - Deposition Exhibit 127, #16 Exhibit Tab G - Donald Henderson Deposition Transcript Excerpts, #17 Exhibit Tab H - Deposition Exhibit 646, #18 Exhibit Tab I - Deposition Exhibit 166, #19 Exhibit Tab J - Deposition Exhibit 175-R, #20 Exhibit Tab L - Michael Giulioli Deposition Transcript Excerpts, #21 Exhibit Tab M - Deposition Exhibit 8-R, #22 Exhibit Tab N - Deposition Exhibit 13, #23 Exhibit Tab O - Deposition Exhibit 329, #24 Exhibit Tab Q - Deposition Exhibit 168, #25 Exhibit Tab R - Jeffrey Osler Deposition Transcript Excerpts, #26 Exhibit Tab S - Deposition Exhibit 9, #27 Exhibit Tab T - Deposition Exhibit 178, #28 Exhibit Tab U - Deposition Exhibit 22, #29 Exhibit Tab V - Deposition Exhibit 176, #30 Exhibit Tab W - John Egloff Deposition Transcript Excerpts, #31 Exhibit Tab X - Deposition Exhibit 138, #32 Exhibit Tab Y - Deposition Exhibit 113-R, #33 Exhibit Tab Z - Deposition Exhibit 133, #34 Exhibit Tab AA - Leonard LaCagnin Deposition Transcript Excerpts, #35 Exhibit Tab BB - Deposition Exhibit 130-R, #36 Exhibit Tab CC - Deposition Exhibit 218, #37 Exhibit Tab DD - Deposition Exhibit 140, #38 Exhibit Tab EE - Deposition Exhibit 141, #39 Exhibit Tab FF - Byron Turner Deposition Transcript Excerpts, #40 Exhibit Tab GG - Brian O'Fallon Deposition Transcript Excerpts, #41 Exhibit Tab HH - Deposition Exhibit 219, #42 Exhibit Tab II - Deposition Exhibit 146, #43 Exhibit Tab JJ - Deposition Exhibit 147-R, #44 Exhibit Tab KK - Deposition Exhibit 156, #45 Exhibit Tab LL - Deposition Exhibit 337, #46 Exhibit Tab MM - Deposition Exhibit 150, #47 Exhibit Tab NN - Deposition Exhibit 229, #48 Exhibit Tab OO - Deposition Exhibit 230, #49 Exhibit Tab PP - Deposition Exhibit 231, #50 Exhibit Tab QQ - Deposition Exhibit 149, #51 Exhibit Tab RR - Deposition Exhibit 233, #52 Exhibit Tab SS - Deposition Exhibit 234, #53 Exhibit Tab TT - Deposition Exhibit 151, #54 Exhibit Tab UU - Deposition Exhibit 271, #55 Exhibit Tab VV - Deposition Exhibit 18, #56 Exhibit Tab WW - Deposition Exhibit 310, #57 Exhibit Tab XX - Deposition Exhibit 73, #58 Exhibit Tab YY - Deposition Exhibit 86, #59 Exhibit Tab ZZ - Deposition Exhibit 134, #60 Exhibit Tab AAA - Deposition Exhibit 332, #61 Exhibit Tab BBB - Deposition Exhibit 652, #62 Exhibit Tab CCC - Deposition Exhibit 654, #63 Exhibit Tab DDD - Part 1 - Hostetler Declaration, #64 Exhibit Tab DDD - Part 2 - Hostetler Declaration, #65 Exhibit Tab DDD - Part 3 - Hostetler Declaration, #66 Exhibit Tab DDD - Part 4 - Hostetler Declaration, #67 Exhibit Tab EEE - Paul Durbak Deposition Transcript Excerpts, #68 Exhibit Tab FFF - Ronald Kaffen Deposition Transcript Excerpts, #69 Exhibit Tab GGG - Anthony Schlichte Deposition Transcript Excerpts, #70 Exhibit Tab HHH - Jerrold Brown Deposition Transcript Excerpts, #71 Exhibit Tab III - Richard McQuown Deposition Transcript Excerpts, #72 Exhibit Tab JJJ -Doug DeRose Deposition Transcript Excerpts, #73 Exhibit Tab KKK - Benjamin Kimmerling Deposition Transcript Excerpts, #74 Exhibit Tab LLL - Jeffrey Coulter Deposition Transcript Excerpts, #75 Exhibit Tab MMM - Affidavit of Ralph Infante, #76 Exhibit Tab NNN - Supplemental Affidavit of Scott Holbrook, #77 Exhibit Tab OOO - Ralph Infante Full Deposition Transcript, #78 Exhibit Tab PPP - Ralph Infante Bankruptcy Court Deposition Video Submission, #79 Exhibit Tab QQQ - Ronald Cook Deposition Transcript Excerpts, #80 Exhibit Tab RRR - Jerrold Brown Deposition Transcript Excerpts, #81 Exhibit Tab SSS - Deposition Exhibit 136, #82 Exhibit Tab TTT - Deposition Exhibit 144, #83 Exhibit Tab UUU - Deposition Exhibit 145, #84 Exhibit Tab VVV - Donald Henderson Deposition Transcript Excerpts, #85 Exhibit Tab WWW - Richard Palmieri Expert Report, #86 Exhibit Tab XXX - Charles Heflin Expert Report, #87 Exhibit Tab YYY - Deposition Exhibit 137, #88 Exhibit Tab ZZZ - TFC_0038116, #89 Exhibit Tab AAAA - FBl-Durham-PDF-0000539823, #90 Exhibit Tab BBBB - Rick McQuown Deposition Transcript Excerpts, #91 Exhibit Tab CCCC - Deposition Exhibit 123, #92 Exhibit Tab DDDD - John Egloff Deposition Transcript Excerpts, #93 Exhibit Tab EEEE - Peter Solimine Deposition Transcript Excerpts, #94 Exhibit Tab FFFF - Deposition Exhibit 331, #95 Exhibit Tab GGGG - Deposition Exhibit 339, #96 Exhibit Tab HHHH - Deposition Exhibit 4, #97 Exhibit Tab IIII - Deposition Exhibit 663, #98 Exhibit Tab JJJJ - Deposition Exhibit 192, #99 Exhibit Tab KKKK - TFC_0039479 through TFC_0039483, #100 Exhibit Tab LLLL - TFC_0004995 through TFC_0005003, #101 Exhibit Tab MMMM - John Head Deposition Transcript Excerpts, #102 Exhibit Tab NNNN - Doug DeRose Deposition Transcript Excerpts, #103 Exhibit Tab OOOO - 13 Ohio St. L.J. 450 (1952), #104 Exhibit Tab PPPP - Mark Heuerman Deposition Transcript Excerpts, #105 Exhibit Tab QQQQ - Brian O'Fallon Deposition Transcript Excerpts, #106 Exhibit Tab RRRR - Thomas Geyer Expert Report, #107 Exhibit Tab SSSS - Brian Bash Deposition Transcript Excerpts, #108 Exhibit Tab TTTT - Objections and Responses to Textron's Second Set of RFAs, #109 Exhibit Tab UUUU - Byron Turner Deposition Transcript Excerpts, #110 Exhibit Tab VVVV - Deposition Exhibit 399, #111 Exhibit Tab WWWW - Paul Durbak Deposition Transcript Excerpts, #112 Exhibit Tab XXXX - Byron Turner Deposition Transcript Excerpts, #113 Exhibit Tab YYYY - Deposition Exhibit 154, #114 Exhibit Tab ZZZZ - Leonard LaCagnin Jr. Deposition Transcript Excerpts, #115 Exhibit Tab AAAAA - Rebekah Smith Deposition Transcript Excerpts, #116 Exhibit Tab BBBBB - Doug DeRose Deposition Transcript Excerpts, #117 Exhibit Tab CCCCC - Deposition Exhibit 274, #118 Exhibit Tab DDDDD - Second Supplemental Holbrook Affidavit, #119 Exhibit Tab EEEEE - Deposition Exhibit 333) (Warren, Daniel) |
| Filing 322 Limited Objection to 2/23/2018 Report and Recommendation filed by Textron Financial Corporation. Related document(s) #321 . (Lindsmith, Quintin) |
| Filing 321 Report and Recommendation: Proposed Conclusions of Law Recommending that the District Court: (1) Grant in Part and Deny in Part Defendant Textron Financial Corporation's Motion for Summary Judgment; (2) Deny Plaintiff Trustee's Motion for Partial Summary Judgment; and (3) Defer Ruling on the Pending Motions in Limine. Honorable Arthur I. Harris on 2/23/18. (LC,S) re #300 , #304 , #306 , #308 , #310 |
| Filing 320 Supplement to Reply - Supplemental Declaration of Mitchell A. Karlan, filed by Textron Financial Corporation. (Related document(s) #319 ). (Attachments: #1 Exhibit A Heflin Deposition, #2 Exhibit B Palmieri Deposition) (Lindsmith, Quintin) |
| Filing 319 Reply in support of #310 Motion to Preclude the Testimony of Charles S. Heflin, and #308 Motion to Preclude the Testimony of Richard P. Palmieri filed by Textron Financial Corporation. (Lindsmith, Quintin) |
| Filing 318 Reply in support of #306 Motion to Preclude the Testimony of Thomas E. Geyer filed by Textron Financial Corporation. (Lindsmith, Quintin) |
| Filing 317 Reply in support of #304 Motion to Preclude Certain Testimony of HOward L. Klein filed by Textron Financial Corporation. (Lindsmith, Quintin) |
| Filing 316 Supplement to Reply - Supplemental Declaration of Nancy Hart, filed by Textron Financial Corporation. Related document(s) #314 . (Attachments: #1 Exhibit JJ Heflin Deposition, #2 Exhibit KK Palimeri Deposition, #3 Exhibit LL Humphrey Deposition, #4 Exhibit MM Guilioli Deposition, #5 Exhibit NN 7.24.08 Offering Circular, #6 Exhibit OO Egloff Deposition, #7 Exhibit PP Cook Deposition, #8 Exhibit QQ Closing Memo Search, #9 Exhibit RR TFC Vol003, #10 Exhibit SS Cover Letter, #11 Exhibit TT Payoff Letter)(Lindsmith, Quintin) |
| Filing 315 Certification of Compliance with Local Rule 7.1(f) filed by Textron Financial Corporation. Related document(s) #314 .(Lindsmith, Quintin) |
| Filing 314 Reply in support of #300 Motion for summary judgment filed by Textron Financial Corporation. (Lindsmith, Quintin) |
| Filing 313 Notice of Withdrawal of Brian M. Lutz as Co-Counsel for Textron Financial Corporation filed by Textron Financial Corporation. (Schuck, James) |
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Order [non-document]: Defendant Textron Financial Corporation's Motion for admission pro hac vice of attorney Lindsey R. Geher as counsel for Textron Financial Corporation is Granted. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. Judge Patricia A. Gaughan on 12/15/17. (Related Doc #312 ) (LC,S)
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| Filing 312 Motion for attorney Lindsey R. Geher to Appear Pro Hac Vice. Filing fee $ 120, receipt number 54660006409, filed by Textron Financial Corporation. (Attachments: #1 Certificate of Good Standing)(P,G) |
| Filing 311 Affidavit/Declaration of Mitchell A. Karlan filed by Textron Financial Corporation. Related document(s) #310 . (Attachments: #1 Exhibit A - Expert Report of Charles S. Heflin, #2 Exhibit B - Deposititon of Charles S. Heflin)(Lindsmith, Quintin) |
| Filing 310 Motion to Preclude the Testimony of Charles S. Heflin filed by Movant Textron Financial Corporation. (Lindsmith, Quintin) |
| Filing 309 Declaration of Mitchell A. Karlan filed by Textron Financial Corporation. (Attachments: #1 Exhibit A Expert Report of Palmieri, #2 Exhibit B Deposition excerpts of Richard Palmieri) (Lindsmith, Quintin). Modified text on 11/7/2017 (H,SP). |
| Filing 308 Motion to Preclude the Testimony of Richard P. Palmieri filed by Movant Textron Financial Corporation. (Lindsmith, Quintin) |
| Filing 307 Declaration Mitchell A. Karlan filed by Textron Financial Corporation. (Attachments: #1 Exhibit A Report of Thomas Geyer, #2 Exhibit B Deposition excerpts of Thomas Geyer, #3 Exhibit C Depo excerpts of Heuerman) (Lindsmith, Quintin). Modified text on 11/7/2017 (H,SP). |
| Filing 306 Motion to Preclude the Testimony of Thomas E. Geyer filed by Movant Textron Financial Corporation. (Lindsmith, Quintin) |
| Filing 305 Declaration of Mitchell A. Karlan filed by Textron Financial Corporation. (Attachments: #1 Exhibit A Expert Report by Howard Klein, #2 Exhibit B Deposition of Howard Klein) (Lindsmith, Quintin) |
| Filing 304 Motion to Preclude Certain Testimony of Howard L. Klein filed by Movant Textron Financial Corporation. (Lindsmith, Quintin) |
| Filing 303 Certification of Compliance with Local Rule 7.1(f) filed by Textron Financial Corporation. (Lindsmith, Quintin) |
| Filing 302 Affidavit/Declaration of Peter A. Solimine, Esq. filed by Textron Financial Corporation. (Attachments: #1 Exhibit A. Expert Report of Peter A. Solimine, Esq.)(Lindsmith, Quintin) |
| Filing 301 Declaration of Nancy Hart filed by Textron Financial Corporation. (Related document #300 ). (Attachments: #1 Exhibit A. 2017.10.16 Court Hearing Transcript, #2 Exhibit B. Bash SAC, #3 Exhibit C. Jan 2002 Offering Circular Ex 82 R Kaffen, #4 Exhibit D. Heuerman Dep, #5 Exhibit E. RonaldKaffen PDFTran, #6 Exhibit F. 2002 Agreement Ex 1 PaulDurbak, #7 Exhibit G. Am to 2002 Agmt Ex 4 PaulDurbak, #8 Exhibit H. Restatement Ex 138 LeonardLaCagnin, #9 Exhibit I. 2007.07.20 Fair Payoff Letter TFC0039485Vol003Redacted, #10 Exhibit J. 2005 10-K Ex 124 DonaldCHenderson, #11 Exhibit K. FHI UCC-1 Ex 401 RonaldCookJr, #12 Exhibit L. FHI UCC-3 Continuation Ex 402 RonaldCookJr, #13 Exhibit M. FHI UCC-3 Termindation Ex 405 RonaldCookJr, #14 Exhibit N. UCC-1 FF Ex 400 RonaldCookJr, #15 Exhibit O. PaulDurbak PDFTran, #16 Exhibit P. Unizan Payoff Letter TFC0039833, #17 Exhibit Q. Jan. 2004 Loan Ledger Report, #18 Exhibit R. Closing Book, #19 Exhibit S. TFC0039687 2004.01.06 OH Mortgage Amendment and Modification Agmt, #20 Exhibit T. TFC0056250 IL Mort Amendment and Mod Agmt, #21 Exhibit U. FF UCC-3 Termination 2655347 Ex 404 RonaldCookJr, #22 Exhibit V. FF UCC-3 Continuation 2655347 Ex 403 RonaldCookJr, #23 Exhibit W. Egloff Dep Correct, #24 Exhibit X. RonaldCookJr PDFTran, #25 Exhibit Y. McQuown Dep, #26 Exhibit Z. RalphJInfante PDFTran, #27 Exhibit AA. OmarLewisHumphrey PDFTran, #28 Exhibit BB. Jan 5 2004 TFC Memo Ex 113-R RonaldKaffen, #29 Exhibit CC. JeroldBrown PDFTran, #30 Exhibit DD. Bash Dep, #31 Exhibit EE. DeRode Dep, #32 Exhibit FF. Apr. 7, 2007 Offering Circular Ex 88 RonaldKaffen, #33 Exhibit GG. JohnHead PDFTran Correct, #34 Exhibit HH. Osler Dep, #35 Exhibit II. Ex 137 LeonardLaCagnin) (Lindsmith, Quintin). Modified link on 11/7/2017 (H,SP). |
| Filing 300 Motion for summary judgment filed by Movant Textron Financial Corporation. (Attachments: #1 Brief in Support)(Lindsmith, Quintin) |
| Filing 299 Answer to #271 Second Amended complaint filed by Textron Financial Corporation. (Schuck, James) Modified duplicate text on 7/3/2017 (G,CA). |
| Filing 298 Memorandum of Opinion and Order: The Court ACCEPTS the R&R's recommendation that defendant's motion to dismiss be denied. The Court further ACCEPTS the recommendations regarding damages. As such, the Court will not reach Textron's damages argument with regard to Ohio's UFTA, but holds that the Trustee may not recover punitive damages. Judge Patricia A. Gaughan on 5/30/17. (LC,S) re #287 , #274 |
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Order [non-document]: Textron Financial Corporation's Motion for leave to File Instanter Reply in Support of Objection to March 29, 2017 Report and Recommendation on Motion to Dismiss Second Amended Complaint is DENIED. Judge Patricia A. Gaughan on 5/24/17. (Related Doc #297 ) (LC,S)
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| Filing 297 Motion for leave to File Instanter Reply in Support of Objection to March 29, 2017 Report and Recommendation on Motion to Dismiss Second Amended Complaint filed by Movant Textron Financial Corporation. (Related document(s) #292 ). (Attachments: #1 Reply Brief) (Lindsmith, Quintin). Modified on 5/24/2017 to remove double wording (H,SP). |
| Filing 296 Response to Limited Objection of Trustee to March 29, 2017 Report and Recommendation filed by Textron Financial Corporation. (Related document(s) #291 ) (Schuck, James). Modified link on 5/15/2017 (H,SP). |
| Filing 295 Response to Textron's Objection to the March 29, 2017 Report and Recommendation filed by Brian A. Bash. Related document(s) #292 . (Attachments: #1 Exhibit A - January 7, 2002 Loan and Security Agreement, #2 Exhibit B - January 7, 2002 First Amendment to Loan and Security Agreement, #3 Exhibit C - January 8, 2002 UCC Filing, #4 Exhibit D - July 31, 2006 UCC Filing, #5 Exhibit E - January 6, 2004 First Amended and Restated Loan and Security Agreement, #6 Exhibit F - March 4, 2003 Textron Memorandum, #7 Exhibit G - August 8, 2003 Textron Letter to Durham, #8 Exhibit H - November 10, 2003 Textron Memorandum, #9 Exhibit I - November 13, 2003 Infante Email, #10 Exhibit J - January 6, 2004 - Egloff Opinion Letter, #11 Exhibit K - February 2, 2005 - Durham Letter to Turner, #12 Exhibit L - January 5, 2004 - Textron Memorandum, #13 Exhibit M - April 26, 2005 Letter from Durham to Textron, #14 Exhibit N - August 7, 2004 FCC Offering Circular, #15 Exhibit O - June 1, 2006 Textron Credit Modification Request, #16 Exhibit P - June 17, 2002 FCC Offering Circular, #17 Exhibit Q - March 29, 2002 Textron Audit Report, #18 Exhibit R - August 30, 2002 Textron Audit Report, #19 Exhibit S - July 16, 2003 Letter from Unizan to Textron, #20 Exhibit T - 2004 Loan Agreement, #21 Exhibit U - February 10, 2005 Textron Memorandum, #22 Exhibit V - Waiver and First Amendment, #23 Exhibit W - Second through Tenth Amendments, #24 Exhibit X - February 28, 2006 Textron Memorandum, #25 Exhibit Y - October 2, 2006 Textron Memorandum, #26 Exhibit Z - April 4, 2007 Textron Memorandum) (Warren, Daniel) |
| Filing 294 Letter to Judge Harris Regarding Waiver Issues filed by Brian A. Bash. (Warren, Daniel) |
| Filing 293 Reply in support of #283 Motion to compel filed by Brian A. Bash. (Warren, Daniel) |
| Filing 292 Objection to Report and Recommendation on Motion to Dismiss the Second Amended Complaint filed by Textron Financial Corporation. Related document(s) #287 . (Schuck, James) |
| Filing 291 Objection to Report and Recommendation Limited Objection filed by Brian A. Bash. (Related document(s) #287 ) (Warren, Daniel). Modified on 4/20/2017 to remove double wording (H,SP). |
| Filing 290 Letter to Judge Harris Regarding Deficiencies in Textron's Discovery Responses filed by Brian A. Bash. (Warren, Daniel) |
| Filing 289 Notice of Filing of Corrected Exhibits to #288 Brief in Opposition to the Trustees Motion to Compel. filed by Textron Financial Corporation. (Attachments: #1 Exhibit A - Declaration of Mitchell A. Karlan, #2 Exhibit 1 - Riley Bennett & Egloff, LLP Legal Opinion dated December 22, 2003, #3 Exhibit 3 - Closing Memorandum dated January 6, 2004). (Schuck, James) Modified text on 4/10/2017 (G,CA). |
| Filing 288 Brief in Opposition to the Trustee's Motion to Compel filed by All Defendants. Related document(s) #283 . (Attachments: #1 Declaration of Mitchell A. Karlan, #2 Exhibit 1-Riley Bennett & Egloff legal opinion on behalf of Fair Finance dated 12-22-2003, #3 Exhibit 2-Riley Bennett & Egloff legal opinion on behalf of Fair Finance dated 01-06-2004, #4 Exhibit 3-Closing Memorandum, #5 Exhibit 4-Clawback Stipulation) (Lindsmith, Quintin) |
| Filing 287 Proposed Conclusions of Law recommending that District Court deny in large part defendant Textron Financial Corporation's Motion to Dismiss Trustee's Second Amended Complaint. Signed by Judge Arthur I. Harris on 3/29/2017. Related document #274 .(M, S) |
| Filing 286 Motion for extension of time until 04/26/2017 to File Objections to the Report and Recommendation on Defendant's Motion to Dismiss the Second Amended Complaint filed by Movant Textron Financial Corporation. (Schuck, James) |
| Filing 285 Response to #284 Motion for extension of time until 04/10/2017 to file response/reply to #283 Motion to compel filed by Brian A. Bash. (Warren, Daniel) Modified text on 3/23/2017 (H,SP). |
| Filing 284 Motion for extension of time until 04/10/2017 to file response/reply to #283 Motion to compel filed by Movant Textron Financial Corporation. (Related document(s) #283 ). (Schuck, James) Modified text on 3/23/2017 (H,SP). |
| Filing 283 Motion and brief in support, to compel filed by Respondent Brian A. Bash. (Attachments: #1 Declaration of David Proano, #2 Exhibit A - June 1, 2006 Textron Memorandum, #3 Exhibit B - October 2, 2006 Textron Memorandum, #4 Exhibit C - Excerpts of Textron's Interrogatory Responses, #5 Exhibit D - February 15, 2017 Email to Textron's Counsel)(Warren, Daniel) Modified on 3/17/2017 (C,KA). |
| Filing 282 Letter to Judge Harris regarding March 7, 2017 Telephonic Status Conference filed by Brian A. Bash. (Warren, Daniel) |
| Filing 281 Reply in support of #274 Motion to dismiss the Second Amended Complaint filed by Textron Financial Corporation. (Attachments: #1 Declaration of Mitchell A. Karlan plus exhibits) (Schuck, James). Modified text on 3/2/2017 (H,SP). |
| Filing 280 Unopposed Motion for extension of time until 03/01/2017 to file response/reply to #274 Motion to dismiss the Second Amended Complaint filed by Movant Textron Financial Corporation. Related document(s) #274 . (Schuck, James) |
| Filing 279 Notice of Supplemental Authority filed by Brian A. Bash. Related document(s) #278 .(Warren, Daniel) |
| Filing 278 Opposition to #274 Motion to dismiss the Second Amended Complaint filed by Brian A. Bash. (Attachments: #1 Declaration of David F. Proano, #2 Exhibit Q - March 29, 2002 Textron Audit Report, #3 Exhibit R - August 30, 2002 Textron Audit Report, #4 Exhibit S - July 16, 2003 Letter from Unizan to Textron, #5 Exhibit T - 2004 Loan Agreement, #6 Exhibit U - February 10, 2005 Textron Memorandum, #7 Exhibit V - Waiver and First Amendment, #8 Exhibit W - Second through Tenth Amendments, #9 Exhibit X - February 28, 2006 Textron Memorandum, #10 Exhibit Y - October 2, 2006 Textron Memorandum, #11 Exhibit Z - April 4, 2007 Textron Memorandum)(Warren, Daniel) |
| Filing 277 Proposed Order Granting Leave to Depose Prisoners filed by Textron Financial Corporation. (Schuck, James) |
| Filing 276 Attorney Appearance by Joseph E. Ezzie filed by on behalf of Brian A. Bash. (Ezzie, Joseph) |
| Filing 275 Unopposed Motion for extension of time until February 8, 2017 to file response/reply to #274 Motion to dismiss the Second Amended Complaint filed by Respondent Brian A. Bash. Related document(s) #274 . (Proano, David) |
| Filing 274 Motion to dismiss the Second Amended Complaint filed by Movant Textron Financial Corporation. (Related document(s) #271 ). (Attachments: #1 Exhibit 1 - Declaration of Mitchell A. Karlan, #2 Exhibit A - Loan and Security Agreement, #3 Exhibit B - First Amendment to the Loan and Security Agreement, #4 Exhibit C - Financing Statement, #5 Exhibit D - Continuation Statement, #6 Exhibit E - First Amended and Restated Loan and Security Agreement, #7 Exhibit F - Internal Memorandum of 3/4/03, #8 Exhibit G - Facsimile of 8/8/03, #9 Exhibit H - Credit Approval, #10 Exhibit I - Email of 11/13/03, #11 Exhibit J - Riley Bennett & Egloff, LLP Legal Opinion of 1/6/04, #12 Exhibit K - Internal Memorandum of 1/5/04, #13 Exhibit L - Fair Finance Company's Offering Circuilar of 8/7/04, #14 Exhibit M - Letter of 2/2/05, #15 Exhibit N - Emails exchanged between Snow and Turner, #16 Exhibit O - Letter from Durham of 4/26/05, #17 Exhibit P - Credit Modification Request) (Schuck, James). Modified on 12/20/2016 to add descriptive text to exhibits and add link (H,SP). |
| Filing 273 Motion for leave to Extend Page Limitation filed by Movant Textron Financial Corporation. (Schuck, James) |
| Filing 272 Motion for extension of Time to Supplement Responses to Textron's Interrogatories until December 5, 2016 filed by Respondent Brian A. Bash. (Attachments: #1 Exhibit A - Proposed Order)(VanNiel, Michael) |
| Filing 271 Second Amended complaint against Textron Financial Corporation. Filed by Brian A. Bash. (Attachments: #1 Exhibit A - Transfers) (Warren, Daniel) |
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Order [non-document]: Trustee's Unopposed Motion for Leave to File a Second Amended Complaint against Textron Financial Corporation is Granted. Judge Patricia A. Gaughan on 11/4/16. (Related Doc #270 ) (LC,S)
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| Filing 270 Unopposed Motion for leave to File a Second Amended Complaint against Textron Financial Corporation filed by Respondent Brian A. Bash. (Attachments: #1 Exhibit A - Second Amended Complaint, #2 Exhibit B - Textron - Second Amended Complaint - Redline, #3 Exhibit C - Proposed Order) (Warren, Daniel). Modified exhibit text on 11/4/2016 (H,SP). |
| Filing 269 Attorney Appearance by Scott C. Holbrook filed by on behalf of Brian A. Bash. (Holbrook, Scott) |
| Filing 268 Response to #265 Motion to Permit Access to Confidential Materials (Expedited Consideration Requested) filed by Brian A. Bash. (Proano, David) Modified text on 10/11/2016 (G,CA). |
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Filing 267
Order: Pursuant to General Order 2012-7, this Court hereby refers this matter to Bankruptcy Court Judge Arthur I. Harris for pretrial supervision. Judge Harris shall file with this Court a Report and Recommendation on all dispositive motions filed in this case. Judge Patricia A. Gaughan on 104/16. (LC,S)
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| Filing 266 True copy of mandate from the USCA for the Sixth Circuit: Reversing the District Courts dismissal of the Trustees actual fraudulent transfer, civil conspiracy, and equitable subordination and disallowance claims, and Affirming the District Courts dismissal of the Trustees constructive fraudulent transfer claim re #261 Notice of Appeal (USCA# 15-3854). Date issued as mandate 10/3/16, Costs: None (H,SP) |
| Filing 265 Motion to Permit Access to Confidential Materials pursuant to the #136 Stipulated Protective Order (Expedited Consideration Requested) filed by Movant Textron Financial Corporation. (Lindsmith, Quintin) Modified on 9/20/2016, Link added on 9/20/2016 (G,W). |
| Filing 263 Transcript Request by Brian A. Bash re #261 Notice of Appeal,. Transcript is unnecessary for appeal purposes. (VanNiel, Michael) |
| Filing 262 Acknowledgment from the USCA for Sixth Circuit of receipt of #261 Notice of Appeal (USCA# 15-3854). Date filed in USCA 8/7/15. (H,SP) |
| Filing 261 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #122 Memorandum of Opinion and Order of 11/9/12, and #260 Order of Dismissal of 7/24/15, filed by Brian A. Bash. (Filing fee of $505 paid, receipt number 0647-7208761) (Warren, Daniel). Modified text on 8/4/2015 (H,SP). |
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Filing 260
Order Dismissing With Prejudice the Trustee's Claims Against Defendant Fair Facility I, LLC. Judge Patricia A. Gaughan on 7/24/15. (LC,S) Related Doc #259 )
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| Filing 259 Motion to dismiss Claims against Fair Facility I, LLC filed by Respondent Brian A. Bash. (Attachments: #1 Proposed Order)(Warren, Daniel) |
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Filing 258
Order and Stipulation of Dismissal of Defendant Fortress Credit Corp. with Prejudice. Judge Patricia A. Gaughan on 7/23/15. (LC,S) re #257
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| Filing 257 Proposed Stipulation of Dismissal of Defendant Fortress Credit Corp. with Prejudice filed by Fortress Credit Corp.. (Hutchinson, John) |
| Minutes of proceedings[non-document] Settlement Conference was held by Judge Patricia A. Gaughan. Telephonic Status Conference before Judge Patricia A. Gaughan is set 8/17/15 at 8:30 a.m. with the Court initiating the call. Time: 4 hrs. (D,Ma) |
| Minutes/Order [non-document]: Status Conference was held. Settlement Conference is set 4/23/15 at 9:00 a.m. Confidential Settlement Position Reports are due 4/8/15 and will be limited to 15 pages in length by agreement of the parties. Judge Patricia A. Gaughan on 2/20/15. (LC,S) Time: 30 mins. |
| Filing 256 Joint Status Report filed by Brian A. Bash, Fortress Credit Corp.. (Warren, Daniel) |
| Filing 255 Stipulation by and between Plaintiff Brian A. Bash, Chapter 7 Trustee, Defendant Fortress Credit Corp. and Certain Related Entities. (Attachments: #1 Exhibit Payment Guaranty by DSOF). Judge Patricia A. Gaughan on 2/17/15. (LC,S) re #254 |
| Filing 254 Joint Proposed Stipulation by and between Plaintiff Brian A. Bash, Chapter 7 Trustee, Defendant Fortress Credit Corp. and Certain Related Entities filed by Brian A. Bash, Fortress Credit Corp.. (Attachments: #1 Exhibit A - Payment Guaranty by DSOF)(Hutchinson, Joseph) |
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Order [non-document]: At the Parties's request, Telephonic Status Conference of 2/12/15 is continued to 2/20/15 at 10:00 a.m. Judge Patricia A. Gaughan on 1/20/15. (LC,S)
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| Filing 253 Memorandum of Opinion and Order: This matter is before Court upon the Proposed Conclusions of Law Recommending that District Court Deny in Large Part or in their Entirety, the Cross-Motions for Summary Judgment of the Plaintiff Trustee and the Defendant Fortress Credit Corporation ("R&R). (ECF 74, in Adversary Proceeding 12-5101). This is an adversary proceeding stemming from the Fair Finance bankruptcy filing. For the reasons that follow, the R&R is ACCEPTED to the extent it recommends that the cross motions for summary judgment be denied. The Court did, however, address issues that were not addressed in the R&R, e.g., subsequent transferee liability, true sale, and the Ponzi scheme intent element of a fraudulent transfer claim. For the reasons set forth in the R&R and more fully below, the motions for summary judgment are DENIED. Judge Patricia A. Gaughan on 1/15/15. (LC,S) re #173 , #174 , #175 , #182 |
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Order [non-document]: Fortress Credit Corp.'s Motion for oral argument on Parties' Objections to Bankruptcy Court's Report and Recommendation on Summary Judgment is DENIED. Judge Patricia A. Gaughan on 1/15/15. (Related Doc #247 ) (LC,S)
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Order [non-document]: Telephonic Status Conference is set 2/12/15 at 9:00 a.m. with the Court initiating the call. A Status Report is due by 2/10/15. Judge Patricia A. Gaughan on 1/15/15. (LC,S)
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| Filing 252 Response to #247 Motion for oral argument on Parties' Objections to Bankruptcy Court's Report and Recommendation on Summary Judgment filed by Brian A. Bash. (Hutchinson, Joseph) |
| Filing 251 SEALED Document:Supplemental Appendix to Trustee's Response to Fortress' Objections to the Bankruptcy Court's Report and Recommendation filed by Brian A. Bash. Related document(s) #136 , #243 . (Attachments: #1 Tab 158 - Deposition Exhibits and Excerpts, #2 Tab 159 - Deposition Exhibits and Excerpts, #3 Tab 160 - Deposition Exhibits and Excerpts, #4 Tab 161 - Deposition Exhibits and Excerpts, #5 Tab 162 - Deposition Exhibits and Excerpts, #6 Tab 163 - Deposition Exhibits and Excerpts, #7 Tab 164 - Deposition Exhibits and Excerpts, #8 Tab 165 - Deposition Exhibits and Excerpts, #9 Tab 166 - Deposition Exhibits and Excerpts, #10 Tab 167 - Deposition Exhibits and Excerpts, #11 Tab 168 - Deposition Exhibits and Excerpts, #12 Tab 169 - Deposition Exhibits and Excerpts, #13 Tab 170 - Deposition Exhibits and Excerpts, #14 Tab 171 - Deposition Exhibits and Excerpts, #15 Tab 172 - Deposition Exhibits and Excerpts, #16 Tab 173 - Deposition Exhibits and Excerpts, #17 Tab 174 - Deposition Exhibits and Excerpts, #18 Tab 175 - Deposition Exhibits and Excerpts, #19 Tab 176 - Deposition Exhibits and Excerpts, #20 Tab 177 - Deposition Exhibits and Excerpts, #21 Tab 178 - Deposition Exhibits and Excerpts, #22 Tab 179 - Deposition Exhibits and Excerpts, #23 Tab 180 - Deposition Exhibits and Excerpts, #24 Tab 181 - Deposition Exhibits and Excerpts, #25 Tab 182 - Deposition Exhibits and Excerpts, #26 Tab 183 - Deposition Exhibits and Excerpts, #27 Tab 184 - Deposition Exhibits and Excerpts, #28 Tab 185 - Loan Documents, #29 Tab 186 - Deposition Exhibits and Excerpts)(Hutchinson, Joseph) |
| Filing 250 SEALED Document:Supplemental Appendix to Trustee's Response to Fortress' Objections to the Bankruptcy Court's Report and Recommendation filed by Brian A. Bash. Related document(s) #136 , #243 . (Attachments: #1 Tab 136 - Deposition Exhibits and Excerpts, #2 Tab 137 - Deposition Exhibits and Excerpts, #3 Tab 138 - Deposition Exhibits and Excerpts, #4 Tab 139 - Deposition Exhibits and Excerpts, #5 Tab 140 - Deposition Exhibits and Excerpts, #6 Tab 141 - Deposition Exhibits and Excerpts, #7 Tab 142 - Deposition Exhibits and Excerpts, #8 Tab 143 - Deposition Exhibits and Excerpts, #9 Tab 144 - Loan Documents, #10 Tab 145 - Deposition Exhibits and Excerpts, #11 Tab 146 - Deposition Exhibits and Excerpts, #12 Tab 147 - Declaration of Eileen Hostetler, #13 Tab 148 - Deposition Exhibits and Excerpts, #14 Tab 149 - Deposition Exhibits and Excerpts, #15 Tab 150 - Deposition Exhibits and Excerpts, #16 Tab 151 - Deposition Exhibits and Excerpts, #17 Tab 152 - Deposition Exhibits and Excerpts, #18 Tab 153 - Deposition Exhibits and Excerpts, #19 Tab 154 - Deposition Exhibits and Excerpts, #20 Tab 155 - Deposition Exhibits and Excerpts, #21 Tab 156 - Deposition Exhibits and Excerpts, #22 Tab 157 - Deposition Exhibits and Excerpts)(Hutchinson, Joseph) |
| Filing 249 Certificate of Service of Motion for Oral Argument on Parties' Objections to Bankruptcy Court's Report and Recommendation on Summary Judgment and Brief in Support filed by Fortress Credit Corp.. (Related document(s) #247 , #248 ) (Hutchinson, John). Modified on 9/11/2014 to remove all caps (H,SP). |
| Filing 248 Brief in support of Motion for Oral Argument on the Parties' Objections to the Bankruptcy Court's Report and Recommendation on Summary Judgment filed by Fortress Credit Corp.. (Related document(s) #247 ) (Hutchinson, John). Modified on 9/11/2014 to remove all caps (H,SP). |
| Filing 247 Motion for oral argument on Parties' Objections to Bankruptcy Court's Report and Recommendation on Summary Judgment filed by Movant Fortress Credit Corp.. (Related document(s) #235 , #236 ). (Hutchinson, John) Modified on 9/11/2014 to remove all caps (H,SP). |
| Filing 246 SEALED Document: Response to the Trustee's Objections to July 30, 2014 Report and Recommendation Regarding the Parties' Motions for Summary Judgment filed by Fortress Credit Corp.. (Related document(s) #136 , #236 ). (Attachments: #1 Appendix of Unreported Cases, #2 Certification of Compliance with Local Rule 7.1(f), #3 Certificate of Service) (Hutchinson, John). Modified on 9/11/2014 to remove all caps (H,SP). |
| Filing 245 Notice of Certificate of Compliance with Local Rule 7.1(f) filed by Brian A. Bash. (Related document(s) #243 ) (Hutchinson, Joseph). Modified text on 9/11/2014 (H,SP). |
| Filing 244 Appendix of Unreported Cases filed by Brian A. Bash. Related document(s) #243 . (Hutchinson, Joseph) |
| Filing 243 SEALED Document:Trustee's Response to Fortress Credit Corp.'s Objections to July 30, 2014 Report and Recommendation Regarding the Parties' Motions for Summary Judgment filed by Brian A. Bash. Related document(s) #136 , #235 . (Hutchinson, Joseph) |
| Filing 242 SEALED Document:Appendix to Trustee's Partial Objections to Report and Recommendation filed by Brian A. Bash. Related document(s) #136 , #236 . (Attachments: #1 Tab 92 - Superseding Indictment, #2 Tab 93 - Verdict Forms, Amended Judgments and Sentencing Excerpts, #3 Tab 94 - 2003/2004 Financials, #4 Tab 95 - 2005 Financials, #5 Tab 96 - 2006 Financials, #6 Tab 97 - 2007 Pro Formas, #7 Tab 98 -Accounting Manual, #8 Tab 99 - Durham Background Report, #9 Tab 100 - Deposition Exhibit, #10 Tab 101 - Deposition Exhibit, #11 Tab 102 - Deposition Exhibit, #12 Tab 103 - Deposition Excerpts, #13 Tab 104 - Deposition Excerpts, #14 Tab 105 - Deposition Excerpts, #15 Tab 106 - Deposition Excerpts, #16 Tab 107 - Deposition Excerpts, #17 Tab 108 - Deposition Exhibit, #18 Tab 109 - Deposition Exhibit, #19 Tab 110 - Deposition Exhibit, #20 Tab 111 - Deposition Exhibit, #21 Tab 112 - Deposition Exhibit, #22 Tab 113 - Deposition Exhibit, #23 Tab 114 - Deposition Exhibit, #24 Tab 115 - Deposition Exhibit, #25 Tab 116 - Deposition Exhibits, #26 Tab 117 - Deposition Excerpts, #27 Tab 118 - Deposition Excerpts, #28 Tab 119 - Deposition Excerpts, #29 Tab 120 - Deposition Excerpts, #30 Tab 121 - Deposition Excerpt, #31 Tab 122 - Deposition Excerpt, #32 Tab 123 - Deposition Exhibit, #33 Tab 124 - Exhibit, #34 Tab 125 - Deposition Exhibits, #35 Tab 126 - Deposition Exhibit, #36 Tab 127 - Deposition Exhibits, #37 Tab 128 - Deposition Exhibits, #38 Tab 129 - Deposition Excerpts, #39 Tab 130 - Exhibits, #40 Tab 131 - Deposition Excerpts, #41 Tab 132 - Deposition Excerpt, #42 Tab 133- Deposition Exhibit, #43 Tab 134 - Deposition Exhibits, #44 Tab 135 - Deposition Exhibits)(Hutchinson, Joseph) |
| Filing 241 SEALED Document:Appendix to Trustee's Partial Objections to Report and Recommendation filed by Brian A. Bash. Related document(s) #136 , #236 . (Attachments: #1 Tab 59 - Deposition Exhibit, #2 Tab 60 - Deposition Exhibit, #3 Tab 61 - Deposition Exhibit, #4 Tab 62 - Deposition Exhibit, #5 Tab 63 - Deposition Exhibit, #6 Tab 64 - Deposition Exhibit, #7 Tab 65 - Deposition Exhibit, #8 Tab 66 - Deposition Excerpts, #9 Tab 67 - Deposition Excerpts, #10 Tab 68 - Declaration of Howard Klein, #11 Tab 69 - Deposition Excerpt, #12 Tab 70 - Deposition Excerpt, #13 Tab 71 - Deposition Excerpt, #14 Tab 72 - Deposition Excerpt, #15 Tab 73 - Deposition Excerpts, #16 Tab 74 - Deposition Excerpts, #17 Tab 75 - Deposition Excerpt, #18 Tab 76 - Deposition Excerpt, #19 Tab 77 - Deposition Excerpts, #20 Tab 78 - Deposition Excerpts, #21 Tab 79 - Deposition Excerpt, #22 Tab 80 - Deposition Excerpts, #23 Tab 81 - Deposition Exhibit, #24 Tab 82 - Deposition Exhibit, #25 Tab 83 - Deposition Exhibit, #26 Tab 84 - Deposition Exhibit, #27 Tab 85 - Deposition Exhibit, #28 Tab 86 - Deposition Exhibit, #29 Tab 87 - Deposition Excerpt, #30 Tab 88 - Deposition Exhibit, #31 Tab 89 - Deposition Exhibits, #32 Tab 90 - Deposition Exhibit, #33 Tab 91 - Deposition Exhibit)(Hutchinson, Joseph) |
| Filing 240 SEALED Document:Appendix to Trustee's Partial Objections to Report and Recommendation filed by Brian A. Bash. Related document(s) #136 , #236 . (Attachments: #1 Tab 24 - Deposition Exhibit, #2 Tab 25 - Deposition Exhibit, #3 tab 26 - Deposition Exhibit, #4 Tab 27 - Deposition Exhibit, #5 Tab 28 - Deposition Exhibit, #6 Tab 29 - Deposition Exhibit, #7 Tab 30 - Deposition Exhibit, #8 Tab 31 - Deposition Excerpts, #9 tab 32 - Deposition Excerpt, #10 Tab 33 - Deposition Exhibit, #11 Tab 34 - Deposition Excerpt, #12 Tab 35 - Deposition Exhibit, #13 Tab 36 - Deposition Exhibit, #14 Tab 37 - Deposition Excerpt, #15 Tab 38 - Deposition Excerpt, #16 Tab 39 - Deposition Excerpt, #17 Tab 40 - Deposition Excerpt, #18 tab 41 - December 23, 2013 Declaration of Howard Klein, #19 Tab 42 - Deposition Exhibit, #20 Tab 43 - Deposition Excerpt, #21 Tab 44 - Deposition Excerpt, #22 Tab 45 - Deposition Excerpt, #23 Tab 46 - Deposition Excerpt, #24 Tab 47 - Deposition Excerpts, #25 Tab 48 - Deposition Excerpts, #26 Tab 49 - Deposition Exhibit, #27 Tab 50 - Deposition Exhibit, #28 Tab 51 - Deposition Exhibit, #29 tab 52 - Deposition Exhibit, #30 Tab 53 - Deposition Exhibit, #31 Tab 54 - Deposition Exhibit, #32 Tab 55 - Deposition Exhibit, #33 Tab 56 - Deposition Exhibit, #34 Tab 57 - Deposition Exhibit, #35 Tab 58 - Deposition Exhibit)(Hutchinson, Joseph) |
| Filing 239 SEALED Document:Appendix to Trustee's Partial Objections to Report and Recommendation filed by Brian A. Bash. Related document(s) #136 , #236 . (Attachments: #1 Tab 1 - Deposition Exhibit, #2 Tab 2 - Deposition Exhibit, #3 Tab 3 - Deposition Exhibit, #4 Tab 4 - Deposition Excerpt, #5 Tab 5 - Deposition Exhibit, #6 Tab 6 - Deposition Exhibit, #7 Tab 7 - Deposition Exhibit, #8 Tab 8 - Deposition Exhibit, #9 Tab 9 - Deposition Exhibit, #10 Tab 10 - Deposition Exhibit, #11 Tab 11 - Deposition Exhibit, #12 Tab 12 - Deposition Exhibit, #13 Tab 13 - Deposition Exhibit, #14 Tab 14 - Deposition Excerpt, #15 Tab 15 - Deposition Excerpt, #16 Tab 16 - Deposition Excerpt, #17 Tab 17 - Declaration of Eileen Hostetler, #18 Tab 18 - Deposition Excerpt, #19 Tab 19 - Deposition Exhibit, #20 Tab 20 - Deposition Exhibit, #21 Tab 21 - Deposition Exhibit, #22 Tab 22 - Deposition Exhibit, #23 Tab 23 - Deposition Exhibits)(Hutchinson, Joseph) |
| Filing 238 Appendix of Unreported Cases filed by Brian A. Bash. Related document(s) #236 . (Hutchinson, Joseph) |
| Filing 237 Supplement Certification of Compliance with Local Rule 7.1(f) to #236 Sealed Document, filed by Brian A. Bash. Related document(s) #236 . (Hutchinson, Joseph) |
| Filing 236 SEALED Document:Trustee's Partial Objections to the Proposed Conclusions of Law Recommending that the District Court Deny in Large Part or In Its Entirety the Trustee's Motion for Summary Judgment filed by Brian A. Bash. Related document(s) #136 . (Hutchinson, Joseph) |
| Filing 235 SEALED Document:Fortress Credit Corp.'s Objections to July 30, 2014 Report and Recommendation Regarding the Parties' Motions for Summary Judgment filed by Fortress Credit Corp.. Related document(s) #136 . (Attachments: #1 Appendix of Unreported Cases, #2 Certification of Compliance with Local Rule 7.1(f), #3 Certificate of Service)(Hutchinson, John) |
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Order [non-document]: Unopposed motion for Fortress Credit Corp to Establish Page Lengths for the Parties' Objections to the Proposed Findings of Facts and Conclusions of Law Recommending Denial of their Motion for Summary Judgment is denied as moot. Bankruptcy Court ruled on this identical motion on 8/04/14. Judge Patricia A. Gaughan on 8/13/14. (D,Ma)
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Order [non-document] dated 8/11/14 granting motion to exceed page limitations (Doc. #234) is hereby vacated. Judge Patricia A. Gaughan on 8/13/14. (D,Ma)
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Filing 234
Order granting Defendant Fortress' unopposed Motion to exceed page limitations (Related Doc #233 ). Judge Patricia A. Gaughan(C,KA)
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| Filing 233 Unopposed Motion for leave to exceed page limitations filed by Movant Fortress Credit Corp.. (Hutchinson, John) |
| Filing 232 Amended Order referring this matter to Bankruptcy Court Judge Arthur I. Harris for pretrial supervision. Until further notice, all future filing and docketing, with the exceptions of Motions to Appear Pro Hac Vice and Motions to Dismiss pursuant to Bankruptcy Rule 7041, shall take place in U.S. Bankruptcy Court, Northern District of Ohio, Adversary Proceeding 12-5101-aih. Motions to Appear Pro Hac Vice and for Rule7041 dismissals shall be filed and docketed in the District Court in Case Number 5:12-cv-00987. Judge Harris shall file a Report and Recommendation on all dispositive motions filed in this case. Judge Patricia A. Gaughan (C,KA) |
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Filing 231
Order: Pursuant to General Order 2012-7, this Court hereby refers this matter to Bankruptcy Court Judge Arthur I. Harris for pretrial supervision. Judge Harris shall file with this Court a Report and Recommendation on all dispositive motions filed in this case. Judge Patricia A. Gaughan on 5/13/14. (LC,S)
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| Filing 230 Joint Motion Regarding Expert Depositions filed by Respondent Brian A. Bash, Movant Fortress Credit Corp.. (Attachments: #1 Proposed Order) (Hart, Andrew). Modified text on 3/3/2014 (H,SP). |
| Filing 229 Response to #211 Motion for oral argument on Summary Judgment filed by Brian A. Bash. (Hutchinson, Joseph) |
| Filing 228 Supplement Certificate of Compliance with Local Rule 7.1(f) to #221 Sealed Document, filed by Brian A. Bash. Related document(s) #221 . (Osburn, Alexis) |
| Filing 227 SEALED Document: Appendix to Trustee's Reply to Fortress Credit Corp.'s Memorandum of Law in Opposition to the Trustee's Motion for Summary Judgment filed by Brian A. Bash (Related document(s) #136 , #173 , #195 , #221 ). (Attachments: #1 Tab 23 - Exhibit A to Declaration of Howard Klein (Part 11), #2 Tab 23 - Exhibit A to Declaration of Howard Klein (Part 12), #3 Tab 23 - Exhibit A to Declaration of Howard Klein (Part 13), #4 Tab 23 - Exhibit A to Declaration of Howard Klein (Part 14), #5 Tab 23 - Exhibit B to Declaration of Howard Klein, #6 Tab 23 - Exhibit C to Declaration of Howard Klein)(Osburn, Alexis). Modified on 1/24/2014 to add links and counsel reminded that s/signature should be same as filer(H,SP). |
| Filing 226 SEALED Document: Appendix to Trustee's Reply to Fortress Credit Corp.'s Memorandum of Law in Opposition to the Trustee's Motion for Summary Judgment filed by Brian A. Bash (Related document(s) #136 , #173 , #195 , #221 ). (Attachments: #1 Tab 23 - Exhibit A to Declaration of Howard Klein (Part 6), #2 Tab 23 - Exhibit A to Declaration of Howard Klein (Part 7), #3 Tab 23 - Exhibit A to Declaration of Howard Klein (Part 8), #4 Tab 23 - Exhibit A to Declaration of Howard Klein (Part 9), #5 Tab 23 - Exhibit A to Declaration of Howard Klein (Part 10)) (Osburn, Alexis). Modified on 1/24/2014 to add links and counsel reminded that s/signature should be same as filer (H,SP). |
| Filing 225 SEALED Document: Appendix to Trustee's Reply to Fortress Credit Corp.'s Memorandum of Law in Opposition to the Trustee's Motion for Summary Judgment filed by Brian A. Bash (Related document(s) #136 , #173 , #195 , #221 ). (Attachments: #1 Tab 19 - Amended Complaint, FCS Advisors, Inc. v. Fair Finance Company, #2 Tab 20 - Declaration of Michael A. VanNiel, #3 Tab 21 - Brevet Settlement Materials, #4 Tab 22 - Fortress Credit Corp.'s Objections and Responses to Trustee's Requests for Admissions, #5 Tab 23 - Declaration of Howard Klein, #6 Tab 23 - Exhibit A to Declaration of Howard Klein (Part 1), #7 Tab 23 - Exhibit A to Declaration of Howard Klein (Part 2), #8 Tab 23 - Exhibit A to Declaration of Howard Klein (Part 3), #9 Tab 23 - Exhibit A to Declaration of Howard Klein (Part 4), #10 Tab 23 - Exhibit A to Declaration of Howard Klein (Part 5)) (Osburn, Alexis). Modified on 1/24/2014 to add links and counsel reminded that s/signature should be same as filer (H,SP). |
| Filing 224 SEALED Document: Appendix to Trustee's Reply to Fortress Credit Corp.'s Memorandum of Law in Opposition to the Trustee's Motion for Summary Judgment filed by Brian A. Bash (Related document(s) #136 , #173 , #195 , #221 ). (Attachments: #1 Tab 11 - Hostetler Deposition Transcript Excerpts and Exhibits, #2 Tab 12 - Kimmerling Deposition Transcript Excerpts and Exhibits, #3 Tab 13 - Miglets Deposition Transcript Excerpts and Exhibits, #4 Tab 14 - Osler Deposition Transcript Excerpts and Exhibits, #5 Tab 15 - Schlichte Deposition Transcript Excerpts and Exhibits, #6 Tab 16 - Stankiewicz Deposition Transcript Excerpts and Exhibits, #7 Tab 17 - Willemin Deposition Transcript Excerpts and Exhibits, #8 Tab 18 - Opening Brief for Respondent, Kerman v. CIR) (Osburn, Alexis). Modified on 1/24/2014 to add links and counsel reminded that s/signature should be same as filer (H,SP). |
| Filing 223 SEALED Document: Appendix to Trustee's Reply to Fortress Credit Corp.'s Memorandum of Law in Opposition to the Trustee's Motion for Summary Judgment filed by Brian A. Bash. (Related document(s) #136 , #173 , #195 , #221 ). (Attachments: #1 Tab 1 - Armbrister Deposition Transcript Excerpts and Exhibits, #2 Tab 2 - Bash Deposition Transcript Excerpts and Exhibits, #3 Tab 3 - Chin Deposition Transcript Excerpts and Exhibits, #4 Tab 4 - Crane Deposition Transcript Excerpts and Exhibits, #5 Tab 5 - DeRose Deposition Transcript Excerpts and Exhibits, #6 Tab 6 - DiBiase Deposition Transcript Excerpts and Exhibits, #7 Tab 7 - Fair Deposition Transcript Excerpts and Exhibits, #8 Tab 8 - Griffin Deposition Transcript Excerpts and Exhibits, #9 Tab 9 - Head Deposition Transcript Excerpts and Exhibits, #10 Tab 10 - Heuerman Deposition Transcript Excerpts and Exhibits) (Osburn, Alexis). Modified on 1/24/2014 to add links and counsel reminded that s/signature should be same as filer (H,SP). |
| Filing 222 SEALED Document: Appendix of Unreported Cases filed by Brian A. Bash (Related document(s) #136 , #221 ) (Osburn, Alexis). Modified on 1/24/2014, counsel reminded that s/signature should be same as filer (H,SP). |
| Filing 221 SEALED Document: Reply to Fortress Credit Corp.'s Memorandum of Law in Opposition to the Trustee's Motion for Summary Judgment filed by Brian A. Bash (Related document(s) #136 , #174 , #195 , #173 ) (Osburn, Alexis). Modified on 1/24/2014, reminded counsel that s/signature should be same as filer (H,SP). |
| Filing 220 SEALED Document: Supplement to Appendix to Trustee's Memorandum in Opposition to Fortress Credit Corp.'s Motion for Summary Judgment filed by Brian A. Bash (Related document(s) #136 , #175 , #205 , #197 , #206 ). (Attachments: #1 Supplement to Tab 12, #2 Supplement to Tab 24, #3 Supplement to Tab 26) (Osburn, Alexis). Modified on 1/24/2014 to add link, counsel reminded that s/signature should be same as filer (H,SP). |
| Filing 219 Notice of Service of Reply Memorandum of Law in Further Support of Its Motion for Summary Judgment; Certification of Compliance with Local Rule 7.1(f); Appendix of Unreported Cases; Declaration of John G. Hutchinson, Esq. in Support of Fortress Credit Corp.s Reply Memorandum of Law in Further Support of Its Motion for Summary Judgment; and January 23, 2014 Declaration of Christopher R. Brauser [2nd Declaration] filed by Fortress Credit Corp.. Related document(s) #216 , #218 , #214 , #215 , #217 .(Hart, Andrew) |
| Filing 218 Supplement Certification of Compliance with Local Rule 7.1(f) to #214 Sealed Document filed by Fortress Credit Corp.. Related document(s) #214 . (Hart, Andrew) |
| Filing 217 SEALED Document:January 23, 2014 Declaration of Christopher R. Brauser [2nd Declaration] filed by Fortress Credit Corp.. Related document(s) #136 , #214 . (Hart, Andrew) |
| Filing 216 SEALED Document: Declaration of John G. Hutchinson in Support of Fortress Credit Corp.'s Reply Memorandum of Law in Further Support of Its Motion for Summary Judgment (with Exhibits 164 - 181) filed by Fortress Credit Corp.. (Related document(s) #136 , #175 , #214 ). (Attachments: #1 Exhibit 164 to Hutchinson Declaration, #2 Exhibit 165 to Hutchinson Declaration, #3 Exhibit 166 to Hutchinson Declaration, #4 Exhibit 167 to Hutchinson Declaration, #5 Exhibit 168 to Hutchinson Declaration, #6 Exhibit 169 to Hutchinson Declaration, #7 Exhibit 170 to Hutchinson Declaration, #8 Exhibit 171 to Hutchinson Declaration, #9 Exhibit 172 to Hutchinson Declaration, #10 Exhibit 173 to Hutchinson Declaration, #11 Exhibit 174 to Hutchinson Declaration, #12 Exhibit 175 to Hutchinson Declaration, #13 Exhibit 176 to Hutchinson Declaration, #14 Exhibit 177 to Hutchinson Declaration, #15 Exhibit 178 to Hutchinson Declaration, #16 Exhibit 179 to Hutchinson Declaration, #17 Exhibit 180 to Hutchinson Declaration, #18 Exhibit 181 to Hutchinson Declaration) (Hart, Andrew). Modified on 1/24/2014 to remove double wording (H,SP). |
| Filing 215 SEALED Document:Appendix of Unreported Cases filed by Fortress Credit Corp.. Related document(s) #136 , #214 . (Hart, Andrew) |
| Filing 214 SEALED Document:Reply Memorandum of Law in Further Support of Its Motion for Summary Judgment filed by Fortress Credit Corp.. Related document(s) #136 , #175 . (Hart, Andrew) |
| Filing 213 Notice of Service of Motion for Oral Argument on Summary Judgment and Memorandum of Law in Support of Motion for Oral Argument on Summary Judgment filed by Fortress Credit Corp.. Related document(s) #211 , #212 .(Hart, Andrew) |
| Filing 212 Memorandum of Law in Support of Motion for Oral Argument on Summary Judgment filed by Fortress Credit Corp. (Related document(s) #211 ) (Hart, Andrew). Modified text on 1/24/2014 (H,SP). |
| Filing 211 Motion for oral argument on Summary Judgment filed by Movant Fortress Credit Corp.. Related document(s) #175 , #173 . (Hart, Andrew) |
| Filing 210 Supplement Certification of Compliance with Local Rule 7.1(f) to #197 Sealed Document filed by Brian A. Bash. Related document(s) #197 . (Hutchinson, Joseph) |
| Filing 209 Appendix of Unreported Cases filed by Brian A. Bash. Related document(s) #197 . (Hutchinson, Joseph) |
| Filing 208 SEALED Document:Appendix to Trustee's Memorandum in Opposition to Fortress Credit Corp.'s Motion for Summary Judgment filed by Brian A. Bash. Related document(s) #136 , #175 , #182 . (Attachments: #1 Tab 37 - Declaration of Brian Bash and Exhibits, #2 Tab 38 - Declaration of Michael VanNiel and Exhibits, #3 Declaration of Howard Klein, #4 Tab 40 - Declaration of Joseph F. Hutchinson, Jr.)(Hutchinson, Joseph) |
| Filing 207 SEALED Document:Appendix to Trustee's Memorandum in Opposition to Fortress Credit Corp.'s Motion for Summary Judgment filed by Brian A. Bash. Related document(s) #136 , #175 , #182 . (Attachments: #1 Tab 29 - Sone Deposition Excerpts and Exhibits, #2 Tab 30 - Stankiewicz Deposition Excerpts and Exhibits, #3 Tab 31 - Vertrees Deposition Excerpts and Exhibits, #4 Tab 32 - Wagner Deposition Excerpts and Exhibits, #5 Tab 33 - Whitesell Deposition Excerpts and Exhibits, #6 Tab 34a - Willemin Deposition Excerpts and Exhibits, #7 Tab 34b - Willemin Deposition Excerpts and Exhibits, #8 Tab 35 - Wisniewski Deposition Excerpts and Exhibits, #9 Tab 36 - Yankovich Deposition Excerpts and Exhibits)(Hutchinson, Joseph) |
| Filing 206 SEALED Document:Appendix to Trustee's Memorandum in Opposition to Fortress Credit Corp.'s Motion for Summary Judgment filed by Brian A. Bash. Related document(s) #136 , #175 , #182 . (Attachments: #1 Tab 19 - Klausner Deposition Excerpts and Exhibits, #2 Tab 20 - Klein Deposition Excerpts and Exhibits, #3 Tab 21 - Mast Deposition Excerpts and Exhibits, #4 Tab 22 - McClure Deposition Excerpts and Exhibits, #5 Tab 23 - Miglet Deposition Excerpts and Exhibits, #6 Tab 24 - Osler Deposition Excerpts and Exhibits, #7 Tab 25 - Parsa Deposition Excerpts and Exhibits, #8 Tab 26 - Schlichte Deposition Excerpts and Exhibits, #9 Tab 27 - C. Smith Deposition Excerpts and Exhibits, #10 Tab 28 - K. Smith Deposition Excerpts and Exhibits)(Hutchinson, Joseph) |
| Filing 205 SEALED Document:Appendix to Trustee's Memorandum in Opposition to Fortress Credit Corp.'s Motion for Summary Judgment filed by Brian A. Bash. Related document(s) #136 , #175 , #182 . (Attachments: #1 Tab 11 - Head Deposition Excerpts and Exhibits, #2 Tab 12 - Heuerman Deposition Excerpts and Exhibits, #3 Tab 13a - Hostetler Deposition Excerpts and Exhibits, #4 Tab 13b - Hostetler Deposition Excerpts and Exhibits, #5 Tab 13c - Hostetler Deposition Excerpts and Exhibits, #6 Tab 14 - Hudak Deposition Excerpts and Exhibits, #7 Tab 15 - Hunka Deposition Excerpts and Exhibits, #8 Tab 16 - Kaffen Deposition Excerpts and Exhibits, #9 Tab 17 - Kalina Deposition Excerpts and Exhibits, #10 Tab 18 - Kimmerling Deposition Excerpts and Exhibits)(Hutchinson, Joseph) |
| Filing 204 SEALED Document:Appendix to Trustee's Memorandum in Opposition to Fortress Credit Corp.'s Motion for Summary Judgment filed by Brian A. Bash. Related document(s) #136 , #175 , #182 . (Attachments: #1 Tab 8 - DiBiase Deposition Excerpts and Exhibits, #2 Tab 9 - Durham Deposition Excerpts and Exhibits, #3 Tab 10a - Griffin Deposition Excerpts and Exhibits, #4 Tab 10b - Griffin Deposition Excerpts and Exhibits, #5 Tab 10c - Griffin Deposition Excerpts and Exhibits)(Hutchinson, Joseph) |
| Filing 203 SEALED Document:Appendix to Trustee's Memorandum in Opposition to Fortress Credit Corp.'s Motion for Summary Judgment filed by Brian A. Bash. Related document(s) #136 , #175 , #182 . (Attachments: #1 Tab 1 - Armbrister Deposition Excerpts and Exhibits, #2 Tab 2 - Bash Deposition Excerpts and Exhibits, #3 Tab 3 - Chin Deposition Excerpts and Exhibits, #4 Tab 4 - Coulter Deposition Excerpts and Exhibits, #5 Tab 5 - Crane Deposition Excerpts and Exhibits, #6 Tab 6 - Dakolias Deposition Excerpts and Exhibits, #7 Tab 7a - DeRose Deposition Excerpts and Exhibits, #8 Tab 7b - DeRose Deposition Excerpts and Exhibits, #9 Tab 7c - DeRose Deposition Excerpts and Exhibits)(Hutchinson, Joseph) |
| Filing 202 Supplement Certification of Compliance with Local Rule 7.1(f) to #195 Sealed Document filed by Fortress Credit Corp.. Related document(s) #195 . (Hart, Andrew) |
| Filing 201 Appendix of Unreported Cases filed by Fortress Credit Corp.. Related document(s) #195 . (Hart, Andrew) |
| Filing 200 SEALED Document: Declaration of Stacey Griffin in Opposition to the Trustees Motion for Summary Judgment filed by Fortress Credit Corp.. (Related document(s) #136 , #173 ). (Attachments: #1 Exhibit 1 to Griffin Declaration)(Hart, Andrew). Modified on 12/26/2013 to remove all caps (H,SP). |
| Filing 199 SEALED Document: Declaration of Christopher R. Brauser in Opposition to the Trustees Motion for Summary Judgment filed by Fortress Credit Corp.. (Related document(s) #136 , #173 ). (Attachments: #1 Exhibit 1 to Brauser Declaration, #2 Exhibit 2 to Brauser Declaration) (Hart, Andrew). Modified on 12/26/2013 to remove all caps (H,SP). |
| Filing 198 SEALED Document: Declaration of John G. Hutchinson in Opposition to the Trustees Motion for Summary Judgment (with Exhibits 136 - 163) filed by Fortress Credit Corp.. (Related document(s) #136 , #173 ). (Attachments: #1 Exhibit 136 to Hutchinson Declaration, #2 Exhibit 137 to Hutchinson Declaration, #3 Exhibit 138 to Hutchinson Declaration, #4 Exhibit 139 to Hutchinson Declaration, #5 Exhibit 140 to Hutchinson Declaration, #6 Exhibit 141 to Hutchinson Declaration, #7 Exhibit 142 to Hutchinson Declaration, #8 Exhibit 143 to Hutchinson Declaration, #9 Exhibit 144 to Hutchinson Declaration, #10 Exhibit 145 to Hutchinson Declaration, #11 Exhibit 146 to Hutchinson Declaration, #12 Exhibit 147 to Hutchinson Declaration, #13 Exhibit 148 to Hutchinson Declaration, #14 Exhibit 149 to Hutchinson Declaration, #15 Exhibit 150 to Hutchinson Declaration, #16 Exhibit 151 to Hutchinson Declaration, #17 Exhibit 152 to Hutchinson Declaration, #18 Exhibit 153 to Hutchinson Declaration, #19 Exhibit 154 to Hutchinson Declaration, #20 Exhibit 155 to Hutchinson Declaration, #21 Exhibit 156 to Hutchinson Declaration, #22 Exhibit 157 to Hutchinson Declaration, #23 Exhibit 158 to Hutchinson Declaration, #24 Exhibit 159 to Hutchinson Declaration, #25 Exhibit 160 to Hutchinson Declaration, #26 Exhibit 161 to Hutchinson Declaration, #27 Exhibit 162 to Hutchinson Declaration, #28 Exhibit 163 to Hutchinson Declaration) (Hart, Andrew). Modified on 12/26/2013 to remove all caps (H,SP). |
| Filing 197 SEALED Document:Trustee's Memorandum in Opposition to Defendant Fortress Credit Corp.'s Motion for Summary Judgment filed by Brian A. Bash. Related document(s) #136 , #175 , #182 . (Hutchinson, Joseph) |
| Filing 196 SEALED Document: Declaration of John G. Hutchinson in Opposition to the Trustees Motion for Summary Judgment (with Exhibits 117 - 135) filed by Fortress Credit Corp.. (Related document(s) #136 , #173 ). (Attachments: #1 Exhibit 117 to Hutchinson Declaration, #2 Exhibit 118 to Hutchinson Declaration, #3 Exhibit 119 to Hutchinson Declaration, #4 Exhibit 120 to Hutchinson Declaration, #5 Exhibit 121 to Hutchinson Declaration, #6 Exhibit 122 to Hutchinson Declaration, #7 Exhibit 123 to Hutchinson Declaration, #8 Exhibit 124 to Hutchinson Declaration, #9 Exhibit 125 to Hutchinson Declaration, #10 Exhibit 126 to Hutchinson Declaration, #11 Exhibit 127 to Hutchinson Declaration, #12 Exhibit 128 to Hutchinson Declaration, #13 Exhibit 129 to Hutchinson Declaration, #14 Exhibit 130 to Hutchinson Declaration, #15 Exhibit 131 to Hutchinson Declaration, #16 Exhibit 132 to Hutchinson Declaration, #17 Exhibit 133 to Hutchinson Declaration, #18 Exhibit 134 to Hutchinson Declaration, #19 Exhibit 135 to Hutchinson Declaration) (Hart, Andrew). Modified on 12/26/2013 to remove all caps (H,SP). |
| Filing 195 SEALED Document: Memorandum of law in Opposition to the Trustees Motion for Summary Judgment filed by Fortress Credit Corp.. (Related document(s) #136 , #173 ) (Hart, Andrew). Modified text on 12/23/2013 (H,SP). |
| Pretrial set for 12/10/2013 held and further pretrial needs to be determinedRelated document(s) #192 . (K,M) |
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Order [non-document]: Joint Motion for Extension of Deadlines for the Submission of Briefs in Opposition to Summary Judgment and Replies in Support of Summary Judgment is GRANTED. Briefs in opposition are due 12/23/13. Reply briefs are due 1/23/14. Judge Patricia A. Gaughan on 12/10/13. (LC,S) re #194
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| Filing 194 Joint Motion for extension of time to Submit Briefs in Opposition to Summary Judgment and Replies in Support of Summary Judgment filed by Respondent Brian A. Bash, Movant Fortress Credit Corp.. Related document(s) #175 , #174 , #182 , #173 . (Proano, David) |
| Filing 193 Joint Submission of "Matrix" for Discussion by Plaintiff and Defendant in Accordance with a November 20, 2013 Order of the Bankruptcy Court filed by Brian A. Bash, Fortress Credit Corp.. (Hutchinson, Joseph) |
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Filing 192
Order and Memorandum of Pre-trial Conference held on 11/19/13 with hearing to be held on 12/10/2013 at 10:00 AM in Courtroom 260. Honorable Marilyn Shea-Stonum on 11/20/13. (R,M)
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| Telephone Conference set for 12/10/2013 at 10:00 AM before Honorable Marilyn Shea-Stonum regarding Jury issues. Dial in information: (888)684-8852, access code: 5438004#, participant cod e: 1200987#Related document(s) #167 . (K,M) |
| Dial in information re: Status Conference set for 11/18/2013 at 02:00 PM before Honorable Marilyn Shea-Stonum. Dial in information: (888)684-8852, access code: 5438004#, participant cod e: 1200987#... Related document(s) #167 . (K,M) |
| Filing 191 Certification of Compliance with Local Rule 7.1(f) filed by Fortress Credit Corp.. (Related document(s) #175 ) (Hart, Andrew) Modified on 11/14/2013 to remove all caps (H,SP). |
| Filing 190 SEALED Document: Declaration of John G. Hutchinson in Support of Fortress Credit Corp.'s Motion for Summary Judgment (with Exhibits 101 - 116) filed by Fortress Credit Corp.. (Related document(s) #136 , #175 ). (Attachments: #1 Exhibit 101 to Hutchinson Declaration, #2 Exhibit 102 to Hutchinson Declaration, #3 Exhibit 103 to Hutchinson Declaration, #4 Exhibit 104 to Hutchinson Declaration, #5 Exhibit 105 to Hutchinson Declaration, #6 Exhibit 106 to Hutchinson Declaration, #7 Exhibit 107 to Hutchinson Declaration, #8 Exhibit 108 to Hutchinson Declaration, #9 Exhibit 109 to Hutchinson Declaration, #10 Exhibit 110 to Hutchinson Declaration, #11 Exhibit 111 to Hutchinson Declaration, #12 Exhibit 112 to Hutchinson Declaration, #13 Exhibit 113 to Hutchinson Declaration, #14 Exhibit 114 to Hutchinson Declaration, #15 Exhibit 115 to Hutchinson Declaration, #16 Exhibit 116 to Hutchinson Declaration) (Hart, Andrew). Modified on 11/13/2013 to remove all caps and double wording (H,SP). |
| Filing 189 SEALED Document: Declaration of John G. Hutchinson in Support of Fortress Credit Corp.'s Motion for Summary Judgment (with Exhibits 76 - 100) filed by Fortress Credit Corp.. (Related document(s) #136 , #175 ). (Attachments: #1 Exhibit 76 to Hutchinson Declaration, #2 Exhibit 77 to Hutchinson Declaration, #3 Exhibit 78 to Hutchinson Declaration, #4 Exhibit 79 to Hutchinson Declaration, #5 Exhibit 80 to Hutchinson Declaration, #6 Exhibit 81 to Hutchinson Declaration, #7 Exhibit 82 to Hutchinson Declaration, #8 Exhibit 83 to Hutchinson Declaration, #9 Exhibit 84 to Hutchinson Declaration, #10 Exhibit 85 to Hutchinson Declaration, #11 Exhibit 86 to Hutchinson Declaration, #12 Exhibit 87 to Hutchinson Declaration, #13 Exhibit 88 to Hutchinson Declaration, #14 Exhibit 89 to Hutchinson Declaration, #15 Exhibit 90 to Hutchinson Declaration, #16 Exhibit 91 to Hutchinson Declaration, #17 Exhibit 92 to Hutchinson Declaration, #18 Exhibit 93 to Hutchinson Declaration, #19 Exhibit 94 to Hutchinson Declaration, #20 Exhibit 95 to Hutchinson Declaration, #21 Exhibit 96 to Hutchinson Declaration, #22 Exhibit 97 to Hutchinson Declaration, #23 Exhibit 98 to Hutchinson Declaration, #24 Exhibit 99 to Hutchinson Declaration, #25 Exhibit 100 to Hutchinson Declaration) (Hart, Andrew). Modified on 11/13/2013 to remove all caps and double wording (H,SP). |
| Filing 188 SEALED Document: Declaration of John G. Hutchinson in Support of Fortress Credit Corp.'s Motion for Summary Judgment (with Exhibits 51 - 75) filed by Fortress Credit Corp.. (Related document(s) #136 , #175 ). (Attachments: #1 Exhibit 51 to Hutchinson Declaration, #2 Exhibit 52 to Hutchinson Declaration, #3 Exhibit 53 to Hutchinson Declaration, #4 Exhibit 54 to Hutchinson Declaration, #5 Exhibit 55 to Hutchinson Declaration, #6 Exhibit 56 to Hutchinson Declaration, #7 Exhibit 57 to Hutchinson Declaration, #8 Exhibit 58 to Hutchinson Declaration, #9 Exhibit 59 to Hutchinson Declaration, #10 Exhibit 60 to Hutchinson Declaration, #11 Exhibit 61 to Hutchinson Declaration, #12 Exhibit 62 to Hutchinson Declaration, #13 Exhibit 63 to Hutchinson Declaration, #14 Exhibit 64 to Hutchinson Declaration, #15 Exhibit 65 to Hutchinson Declaration, #16 Exhibit 66 to Hutchinson Declaration, #17 Exhibit 67 to Hutchinson Declaration, #18 Exhibit 68 to Hutchinson Declaration, #19 Exhibit 69 to Hutchinson Declaration, #20 Exhibit 70 to Hutchinson Declaration, #21 Exhibit 71 to Hutchinson Declaration, #22 Exhibit 72 to Hutchinson Declaration, #23 Exhibit 73 to Hutchinson Declaration, #24 Exhibit 74 to Hutchinson Declaration, #25 Exhibit 75 to Hutchinson Declaration) (Hart, Andrew). Modified on 11/13/2013 to remove all caps and double wording (H,SP). |
| Filing 187 SEALED Document: Declaration of John G. Hutchinson in Support of Fortress Credit Corp.'s Motion for Summary Judgment (with Exhibits 27 - 50) filed by Fortress Credit Corp.. (Related document(s) #136 , #175 ). (Attachments: #1 Exhibit 27 to Hutchinson Declaration, #2 Exhibit 28 to Hutchinson Declaration, #3 Exhibit 29 to Hutchinson Declaration, #4 Exhibit 30 to Hutchinson Declaration, #5 Exhibit 31 to Hutchinson Declaration, #6 Exhibit 32 to Hutchinson Declaration, #7 Exhibit 33 to Hutchinson Declaration, #8 Exhibit 34 to Hutchinson Declaration, #9 Exhibit 35 to Hutchinson Declaration, #10 Exhibit 36 to Hutchinson Declaration, #11 Exhibit 37 to Hutchinson Declaration, #12 Exhibit 38 to Hutchinson Declaration, #13 Exhibit 39 to Hutchinson Declaration, #14 Exhibit 40 to Hutchinson Declaration, #15 Exhibit 41 to Hutchinson Declaration, #16 Exhibit 42 to Hutchinson Declaration, #17 Exhibit 43 to Hutchinson Declaration, #18 Exhibit 44 to Hutchinson Declaration, #19 Exhibit 45 to Hutchinson Declaration, #20 Exhibit 46 to Hutchinson Declaration, #21 Exhibit 47 to Hutchinson Declaration, #22 Exhibit 48 to Hutchinson Declaration, #23 Exhibit 49 to Hutchinson Declaration, #24 Exhibit 50 to Hutchinson Declaration) (Hart, Andrew). Modified on 11/13/2013 to remove all caps and double wording (H,SP). |
| Filing 186 SEALED Document: Declaration of John G. Hutchinson in Support of Fortress Credit Corp.'s Motion for Summary Judgment (with Exhibits 16 - 26) filed by Fortress Credit Corp.. (Related document(s) #136 , #175 ). (Attachments: #1 Exhibit 16 to Hutchinson Declaration, #2 Exhibit 17 to Hutchinson Declaration, #3 Exhibit 18 to Hutchinson Declaration, #4 Exhibit 19 to Hutchinson Declaration, #5 Exhibit 20 (Part 1) to Hutchinson Declaration, #6 Exhibit 20 (Part 2) to Hutchinson Declaration, #7 Exhibit 21 to Hutchinson Declaration, #8 Exhibit 22 to Hutchinson Declaration, #9 Exhibit 23 to Hutchinson Declaration, #10 Exhibit 24 to Hutchinson Declaration, #11 Exhibit 25 to Hutchinson Declaration, #12 Exhibit 26 to Hutchinson Declaration)(Hart, Andrew) Modified on 11/13/2013 to remove all caps and double wording (H,SP). |
| Filing 185 SEALED Document: Declaration of John G. Hutchinson in Support of Fortress Credit Corp.'s Motion for Summary Judgment (with Exhibits 1 - 15) filed by Fortress Credit Corp.. (Related document(s) #136 , #175 ). (Attachments: #1 Exhibit 1 to Hutchinson Declaration, #2 Exhibit 2 to Hutchinson Declaration, #3 Exhibit 3 to Hutchinson Declaration, #4 Exhibit 4 to Hutchinson Declaration, #5 Exhibit 5 to Hutchinson Declaration, #6 Exhibit 6 to Hutchinson Declaration, #7 Exhibit 7 to Hutchinson Declaration, #8 Exhibit 8 to Hutchinson Declaration, #9 Exhibit 9 to Hutchinson Declaration, #10 Exhibit 10 to Hutchinson Declaration, #11 Exhibit 11 to Hutchinson Declaration, #12 Exhibit 12 to Hutchinson Declaration, #13 Exhibit 13 to Hutchinson Declaration, #14 Exhibit 14 to Hutchinson Declaration, #15 Exhibit 15 to Hutchinson Declaration) (Hart, Andrew). Modified on 11/13/2013 to remove all caps and double wording (H,SP). |
| Filing 184 SEALED Document: Declaration of Dewayne Chin in Support of Fortress Credit Corp.'s Motion for Summary Judgment filed by Fortress Credit Corp.. (Related document(s) #136 , #175 ) (Hart, Andrew). Modified on 11/13/2013 to remove all caps (H,SP). |
| Filing 183 SEALED Document: Appendix of Unreported Cases filed by Fortress Credit Corp.. (Related document(s) #136 , #175 ) (Hart, Andrew). Modified on 11/13/2013 to remove all caps (H,SP). |
| Filing 182 SEALED Document: Fortress Credit Corp.'s Memorandum of Law in Support of its Motion for Summary Judgment filed by Fortress Credit Corp.. Related document(s) #136 , #175 . (Hart, Andrew) Modified on 11/13/2013 to remove all caps (H,SP). |
| Filing 181 Certificate of Compliance with Local Rule 7.1(f) filed by Brian A. Bash. (Related document(s) #174 ) (VanNiel, Michael). Modified text on 11/14/2013 (H,SP). |
| Filing 180 Appendix of Unreported Cases filed by Brian A. Bash. Related document(s) #174 . (VanNiel, Michael) |
| Filing 179 SEALED Document:Appendix to Trustee's Memorandum in Support of Motion for Summary Judgment (Tabs 31 - 39) filed by Brian A. Bash. Related document(s) #136 , #174 . (Attachments: #1 Tab 31 - Involuntary Petition, #2 Tab 32 - Order for Relief and Order Appointing Trustee, #3 Tab 33 - Superseding Indictment, #4 Tab 34 - Verdict Forms, #5 Tab 35 - Sentencing Transcript, #6 Tab 36 - Amended Judgments in Criminal Case Against Durham, Cochran and Snow, #7 Tab 37 - Fortress' Response to Trustee's Request for Admissions, #8 Tab 38 - Declaration of Eileen Hostetler and Exhibits, #9 Tab 39 - Declaration of Howard Klein and Exhibits - Part 1, #10 Tab 39 - Declaration of Howard Klein and Exhibits - Part 2)(VanNiel, Michael) |
| Filing 178 SEALED Document:Appendix to Trustee's Memorandum in Support of Motion for Summary Judgment (Tabs 21 - 30) filed by Brian A. Bash. Related document(s) #136 , #174 . (Attachments: #1 Tab 21 - Osler Deposition Transcript Excerpts and Exhibits, #2 Tab 22 - Parsa Deposition Transcript Excerpts and Exhibits, #3 Tab 23 - Schlichte Deposition Transcript Excerpts and Exhibits, #4 Tab 24 - Stankiewicz Deposition Transcript Excerpts and Exhibits, #5 Tab 25 - Whitesell Deposition Transcript Excerpts and Exhibits, #6 Tab 26 - Willemin Transcript Excerpts and Exhibits - Part 1, #7 Tab 26 - Willemin Transcript Excerpts and Exhibits - Part 2, #8 Tab 27 - Wisniewski Deposition Transcript Excerpts and Exhibits, #9 Tab 28 - Yankovich Deposition Transcript Excerpts and Exhibits, #10 Tab 29 - Brevet Tear Sheet, #11 Tab 30 - Brevet Investment Memorandum)(VanNiel, Michael) |
| Filing 177 SEALED Document:Appendix to Trustee's Memorandum in Support of Motion for Summary Judgment (Tabs 11 - 20) filed by Brian A. Bash. Related document(s) #136 , #174 . (Attachments: #1 Tab 11 - Griffin Deposition Transcript Excerpts and Exhibits - Part 1, #2 Tab 11 - Griffin Deposition Transcript Excerpts and Exhibits - Part 2, #3 Tab 11 - Griffin Deposition Transcript Excerpts and Exhibits - Part 3, #4 Tab 12 - Head Deposition Transcript Excerpts and Exhibits - Part 1, #5 Tab 12 - Head Deposition Transcript Excerpts and Exhibits - Part 2, #6 Tab 13 - Heuerman Deposition Transcript Excerpts and Exhibits, #7 Tab 14 - Hostetler Deposition Transcript Excerpts and Exhibits - Part 1, #8 Tab 14 - Hostetler Deposition Transcript Excerpts and Exhibits - Part 2, #9 Tab 15 - Kaffen Deposition Transcript Excerpts and Exhibits, #10 Tab 16 - Kimmerling Deposition Transcript Excerpts and Exhibits, #11 Tab 17 - Klausner Deposition Transcript Excerpts and Exhibits, #12 Tab 18 - Klein Deposition Transcript Excerpts and Exhibits, #13 Tab 19 - McClure Deposition Transcript Excerpts and Exhibits - Part 1, #14 Tab 19 - McClure Deposition Transcript Excerpts and Exhibits - Part 2, #15 Tab 19 - McClure Deposition Transcript Excerpts and Exhibits - Part 3, #16 Tab 20 - Miglets Deposition Transcript Excerpts and Exhibit)(VanNiel, Michael) |
| Filing 176 SEALED Document:Appendix to Trustee's Memorandum in Support of Motion for Summary Judgment (Tabs 1 - 10) filed by Brian A. Bash. Related document(s) #136 , #174 . (Attachments: #1 Tab 1 - Armbrister Deposition Transcript Excerpts and Exhibits, #2 Tab 2 - Bash Deposition Transcript Excerpts and Exhibits, #3 Tab 3 - Brockman Deposition Transcript Excerpts and Exhibits, #4 Tab 4 - Chin Deposition Transcript Excerpts and Exhibits, #5 Tab 5 - Crane Deposition Transcript Excerpt, #6 Tab 6 - Coulter Deposition Transcript Excerpts and Exhibits, #7 Tab 7 - Dakolias Deposition Transcript Excerpts and Exhibits, #8 Tab 8 - DeRose Deposition Transcript Excerpts and Exhibits - Part 1, #9 Tab 8 - DeRose Deposition Transcript Excerpts and Exhibits - Part 2, #10 Tab 8 - DeRose Deposition Transcript Excerpts and Exhibits - Part 3, #11 Tab 9 - Durham Deposition Transcript Excerpt, #12 Tab 10 - Fair Deposition Transcript Excerpts and Exhibits)(VanNiel, Michael) |
| Filing 175 Motion for summary judgment filed by Movant Fortress Credit Corp.. (Hart, Andrew) |
| Filing 174 SEALED Document:Trustee's Memorandum in Support of Motion for Summary Judgment filed by Brian A. Bash. Related document(s) #136 , #173 . (VanNiel, Michael) |
| Filing 173 Motion for summary judgment filed by Respondent Brian A. Bash. (VanNiel, Michael) |
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Filing 172
Order: The Joint Motion to Extend the Deadlines for Summary Judgment filed by Defendant Fortress Credit Corp. and Brian A. Bash, Chapter 7 Trustee is GRANTED. The schedule for summary judgment is as follows: Motions for Summary Judgment to be filed no later than November 12, 2013. Opposition Papers to be filed no later than December 17, 2013. Reply Papers to be filed no later than January 10, 2014. Judge Patricia A. Gaughan on 10/22/13. (Related Doc #171 ) (LC,S)
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| Filing 171 Joint Motion To Extend the Deadlines for Summary Judgment filed by Movant Fortress Credit Corp.. (Attachments: #1 Proposed Order) (Adler, David) |
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Filing 170
Order: Currently pending is Defendant's Assented to Motion for Leave to Exceed the Page Limitation for Summary Judgment Memoranda. The motion is GRANTED in PART and DENIED in PART. The parties are hereby Ordered to provide the Court with a joint statement of all undisputed facts to be used in conjunction with the summary judgment briefing. There is no page limitation on this document. The Court will read the statement of undisputed facts and, therefore, these facts need not be repeated in each brief. The page limitation for the motion for summary judgment and the brief in opposition is extended to 40 pages each. The reply brief may not exceed 20 pages. Judge Patricia A. Gaughan on 10/17/13. (Related Doc #169 ) (LC,S)
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| Filing 169 Motion for leave to exceed page limitations for Summary Judgment Memoranda filed by Movant Fortress Credit Corp.. (Adler, David) |
| Filing 168 Notice of substitution of counsel adding James R. Wooley, David F. Adler and Carl E. Black of Jones Day and removing attorneys Jeffrey A. Brauer, Deborah A. Coleman, and Daniel A. DeMarco of Hahn Loeser & Parks on behalf of Movant Fortress Credit Corp.. (Adler, David) Modified text on 8/16/2013 (B,B). |
| Filing 167 Joint Motion for extension of Summary Judgment and Rebuttal Expert Deadlines filed by Respondent Brian A. Bash, Movant Fortress Credit Corp.. (Hutchinson, Joseph) |
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Order [non-document]granting #167 Motion to Extend Deadlines; re: Joint Motion for extension of Summary Judgment and Rebuttal Expert Deadlines; Pretrial Conference set for 11/18/2013 at 02:00 PM in Courtroom 260 before Honorable Marilyn Shea-Stonum.. Approved by Honorable Marilyn Shea-Stonum on 08/14/13.(R,M) Modified text on 8/15/2013 (B,B).
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| status hearing set for 8/2/2013 not held, reported as resolved (K,M) |
| Telephonic Status Conference set for 8/2/2013 at 02:00 PM before Honorable Marilyn Shea-Stonum. Related document(s) #166 Dial in information: (888)684-8852, access code: 5438004#, participant cod e: 1200987#... (K,M) |
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Filing 166
Memorandum of Opinion and Order: This matter is before the Court upon the Report and Recommendation Regarding Motion for Leave to Amend (R&R)(Doc. #156 ). Defendant Fortress Credit Corporation filed objections to the R&R and the Trustee filed a response to the objections. The Court finds the objections to be well-taken. Accordingly, the R&R is ACCEPTED in PART and REJECTED in PART. Plaintiff's motion for leave to amend (Doc. #135 ) is DENIED. Signed by Judge Patricia A. Gaughan on 7/19/13.(D,Ma) Modified to create an additional link on 7/23/2013 (B,B).
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Order [non-document]Defendant Fortress Credit Corp's Motion for Leave Instanter to File Reply in Support of Its Objections to Report and Recommendation Regarding Plaintiff's Motion for Leave to File a Second Amended Complaint is DENIED.(Related Doc #165 ) Judge Patricia A. Gaughan on 7/19/13.(D,Ma)
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| Filing 165 Motion for leave Instanter to File Reply in Support of its Objections to Report and Recommendation Regarding Plaintiff's Motion for Leave to File a Second Amended Complaint filed by Movant Fortress Credit Corp.. Related document(s) #159 . (Attachments: #1 Reply in Support of Its Objections to Report and Recommendation, #2 Appendix of Unreported Cases, #3 Proposed Order, #4 Certificate of Service)(Coleman, Deborah) Modified text on 7/22/2013 (B,B). |
| Filing 164 Notice of Filing filed by Fortress Credit Corp.. (Attachments: #1 Exhibit A - Objection to Motion of the Trustee for an Order Establishing Procedures for the Payment of Fees and Expenses of Experts)(Coleman, Deborah) |
| Filing 163 Response to Defendant Fortress Credit Corp.'s Objections to Report and Recommendation Regarding Plaintiff's Motion for Leave to File a Second Amended Complaint filed by Brian A. Bash. Related document(s) #156 , #159 . (Attachments: #1 Exhibit A - Memorandum by Edwin E. Smith) (Hutchinson, Joseph) Modified text and links on 7/17/2013 (B,B). |
| Filing 162 Notice of Service of Objection to Report and Recommendation Regarding Plaintiff's Motion for Leave to File Second Amended Complaint, Certification of Compliance with Local Rule 7.1(f) and Appendix of Unreported Cases on 6/28/2013 filed by Fortress Credit Corp.. Related document(s) #160 , #159 , #161 .(Coleman, Deborah) Modified text on 7/1/2013 (B,B). |
| Filing 161 Appendix of Unreported Cases filed by Fortress Credit Corp.. Related document(s) #159 . (Attachments: #1 Unreported Cases)(Coleman, Deborah) |
| Filing 160 Supplement Certification of Compliance with Local Rule 7.1(f) to Objection to Report and Recommendation filed by Fortress Credit Corp.. Related document(s) #159 . (Coleman, Deborah) Modified text on 7/1/2013 (B,B). |
| Filing 159 Objection to Report and Recommendation Regarding Plaintiff's Motion for Leave to File Second Amended Complaint filed by Fortress Credit Corp.. Related document(s) #156 . (Coleman, Deborah) |
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Filing 158
Order and Memorandum of Pre-Trial Conference Held on June 18, 2013 before Honorable Marilyn Shea-Stonum. Expert Schedule is as Follows: Mutual Identification of Expert Witnesses and General Topics About Which Each Expert is Expected to Testify: July 12, 2013; Mutual Exchange of Opening Expert Reports: August 16, 2013; Mutual Identification of Any Rebuttal Experts and General Topics About Which Each Rebuttal Expert is Expected to Testify: September 16, 2013; Mutual Exchange of Rebuttal Expert Reports: October 11, 2013; Further Pretrial Conference Set for 10/15/2013 at 02:30 PM in Courtroom 260 before Honorable Marilyn Shea-Stonum. In Addition, Following Schedule for Filing of Cross Motions for Summary Judgment Set: Motions for Summary Judgment Shall be Filed by Not Later than September 12, 2013. Briefs in Opposition Shall be Filed by Not Later Than October 11, 2013; Reply Briefs Shall be Filed by Not Later Than October 25, 2013. (U, B)
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| Pretrial Conference reset for 10/15/2013 at 02:30 PM before Honorable Marilyn Shea-Stonum. Dial in information: (888)684-8852, access code: 5438004#, participant cod e: 1200987#.. (K,M) |
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Filing 157
Order Granting Joint Motion for Order Granting Leave to Take the Deposition of Timothy S. Durham (Related Doc #154 ) Honorable Marilyn Shea-Stonum on June 18, 2013.(U, B)
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| Filing 156 Report and Recommendation Regarding #135 Motion for leave to File Second Amended Complaint filed by Brian A. Bash Objections to R&R due by 7/1/2013 Honorable Marilyn Shea-Stonum on June 17, 2013. (U, B) |
| Filing 155 Opposition to #153 Motion to quash Subpoena Issued to Michael P. Miglets filed by Fortress Credit Corp.. (Coleman, Deborah) |
| Filing 154 Joint Motion for an Order Granting Leave to Take the Deposition of Timothy S. Durham filed by Respondent Brian A. Bash, Movant Fortress Credit Corp.. (Attachments: #1 Exhibit A - Proposed Order)(Osburn, Alexis) |
| Filing 153 Motion to quash subpoena issued to former Ohio Division of Securities attorney Michael P. Miglets filed by Interested Party Ohio Division of Securities. (O'Korn, Keith) Modified text on 6/7/2013 (B,B). |
| Telephonic pretrial Conference set for6/14/2013 has been reset to 6/18/2013 at 02:30 PM before Honorable Marilyn Shea-Stonum. Related document(s) #151 , #153 , #149 , #148 , #152 , #150 Dial in information: (888)684-8852, access code: 5438004#, participant cod e: 1200987#.. (K,M) |
| Set with telephonic Pretrial Conference set for 6/14/2013 at 10:00 AM Honorable Marilyn Shea-Stonum. Related document(s) #152 . (K,M) |
| Filing 152 Opposition to Motions to quash subpoenas issued to former Ohio Division of Securities attorney Michael P. Miglets and Mark Heuerman , filed by Fortress Credit Corp.. (Attachments: #1 Exhibit A - Heuerman Subpoena, #2 Exhibit B - Miglets Subpoena) (Related doc #148 , #149 , #150 ) (Coleman, Deborah) Modified text on 6/7/2013 (B,B). |
| Telephonic Pretrial Conference set for 6/4/2013 has been reset for 6/14/2013 at 10:00 AM before Honorable Marilyn Shea-Stonum. Related document(s) #151 , #149 , #148 , #150 , Dial in information: (888)684-8852, access code: 5438004#, participant code: 1200987#. (K,M) |
| Filing 151 Brief in Opposition to Motion to Quash Subpoenas Issued to Ohio Division of Securities Attorneys Mark Heuerman and Michael P. Miglets filed by Brian A. Bash. Related document(s) #149 , #148 . (Attachments: #1 Exhibit 1 - Subpoena to Mark R. Heuerman, #2 Exhibit 2 - Subpoena to Michael P. Miglets, #3 Exhibit 3 - ODS Emails) (Hutchinson, Joseph) |
| Filing 150 Motion to quash subpoena issued to Ohio Division of Securities attorney Mark Heuerman filed by Interested Party Ohio Division of Securities. (O'Korn, Keith) Modified on 5/31/2013 (B,B). |
| Dial in information for the the telephonic Pretrial Conference set for 6/4/2013 at 02:30 PM before Honorable Marilyn Shea-Stonum is via court bridge at (330) 458-2340, 4896558#, 69#.. (K,M) |
| To be held along with the telephonic Pretrial Conference set for 6/4/2013 at 02:30 PM before Honorable Marilyn Shea-Stonum. Related document(s) #151 , #149 , #148 , #150 . (K,M) |
| Notice to Attorney Walter J. McNamara, IV. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Notice sent to attorney by U.S. Mail on 5/31/2013. Related document(s) #150 . (P,G) |
| Filing 149 Motion to quash subpoena issued to former Ohio Division of Securities attorney Michael P. Miglets filed by Interested Party Ohio Division of Securities. (O'Korn, Keith) Modified text on 5/23/2013 (B,B). |
| Filing 148 Motion to quash subpoena issued to Ohio Division of Securities Mark Heuerman filed by Interested Party Ohio Division of Securities. (O'Korn, Keith) Modified text on 5/23/2013 (B,B). |
| Filing 147 Joint Status Report on the Submission of an Agreed Schedule for Expert Discovery filed by Brian A. Bash, Fortress Credit Corp.. Related document(s) #137 .(Proano, David) |
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Filing 146
Order granting Joint Motion for leave to Take the Depositions of James F. Cochran and Rick D. Snow (Related Doc #145 ) Honorable Marilyn Shea-Stonum on 04/16/13.(R,M) Modified text on 4/17/2013 (B,B).
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| Filing 145 Joint Motion for leave to Take the Depositions of James F. Cochran and Rick D. Snow filed by Respondent Brian A. Bash, Movant Fortress Credit Corp.. (Attachments: #1 Exhibit A - Proposed Order)(Proano, David) |
| Pretrial Conference set for 6/4/2013 at 02:30 PM before Honorable Marilyn Shea-Stonum. (K,M) |
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Order [non-document] granting Motion for leave (Related Doc #142 ) Instanter to File Supplemental Submission in Opposition to Plaintiff's Reply in Support of Plaintiff's Motion for Leave to File a Second Amended Complaint filed by Movant Fortress Credit Corp. Honorable Marilyn Shea-Stonum on 02/19/13.(R,M) Modified text on 2/19/2013 (B,B).
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| Filing 144 Notice of Service of Defendant Fortress Credit Corp.'s Motion for Leave Instanter to File Supplemental Submission in Opposition to Plaintiff's Reply in Support of Plaintiff's Motion for Leave to File Second Amended Complaint, Defendant Fortress Credit Corp.'s Supplemental Submission in Opposition to Plaintiff's Reply in Support of Plaintiff's Motion for Leave to File Second Amended Complaint, and Appendix of Unreported Cases oln 2/12/2013 filed by Fortress Credit Corp.. Related document(s) #143 , #142 .(Coleman, Deborah) Modified text on 2/13/2013 (B,B). |
| Filing 143 Appendix of Unreported Cases filed by Fortress Credit Corp.. Related document(s) #142 . (Coleman, Deborah) |
| Filing 142 Motion for leave Instanter to File Supplemental Submission in Opposition to Plaintiff's Reply in Support of Plaintiff's Motion for Leave to File a Second Amended Complaint filed by Movant Fortress Credit Corp.. Related document(s) #135 . (Attachments: #1 Supplemental Submission in Opposition to Plaintiff's Reply in Support of Plaintiff's Motion for Leave to File a Second Amended Complaint)(Coleman, Deborah) Modified text on 2/13/2013 (B,B). |
| Filing 141 Reply to response to #135 Motion for leave to File Second Amended Complaint filed by Brian A. Bash. (Hutchinson, Joseph) Modified text on 2/5/2013 (B,B). |
| Filing 140 Notice of Service of Opposition to Motion to Amend and Appendix of Unreported Cases on 1/25/2013 filed by Fortress Credit Corp.. Related document(s) #138 , #139 .(Brauer, Jeffrey) Modified text on 1/28/2013 (B,B). |
| Filing 139 Appendix of Unreported Cases filed by Fortress Credit Corp.. Related document(s) #135 , #138 . (Attachments: #1 Appendix Unreported Cases)(Brauer, Jeffrey) Modified to create an additional link on 1/28/2013 (B,B). |
| Filing 138 Opposition to #135 Motion for leave to File Second Amended Complaint filed by Fortress Credit Corp.. (Brauer, Jeffrey) |
| Filing 137 Stipulated Fact Witness Deposition Protocol re #132 Joint Motion Honorable Marilyn Shea-Stonum on January 25, 2013. (U, B) |
| Filing 136 Stipulated Protective Order Honorable Marilyn Shea-Stonum on January 25, 2013. (U, B) |
| Filing 135 Motion for leave to File Second Amended Complaint filed by Respondent Brian A. Bash. (Attachments: #1 Exhibit 1 - Second Amended Complaint, #2 Exhibit 2 - Redline Version of First Amended and Second Amended Fortress and Textron Combined Complaint, #3 Proposed Order)(Hutchinson, Joseph) |
| Filing 134 Amended Answer and Affirmative Defenses to First Amended Complaint filed by Fortress Credit Corp.. (Coleman, Deborah) Modified text on 12/28/2012 (B,B). |
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Filing 133
Order and Memorandum of Pretrial Conference Held on December 18, 2012 Honorable Marilyn Shea-Stonum on 12/19/2012. (U, B)
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| Telephonic Status Conference Held on December 18, 2012[non-document] before Honorable Marilyn Shea-Stonum. - ADJOURNED TO A DATE IN MARCH, 2013 (U, B) |
| Filing 132 Joint Motion for Entry of Stipulated Fact Witness Deposition Protocol filed by Respondent Brian A. Bash, Movant Fortress Credit Corp.. (Attachments: #1 Exhibit A - Proposed Stipulated Fact Witness Deposition Protocol, #2 Exhibit B - Case Management Orders)(Proano, David) Modified text on 12/17/2012 (B,B). |
| Filing 131 Joint Motion for entry of stipulated protective order filed by Respondent Brian A. Bash, Movant Fortress Credit Corp.. (Attachments: #1 Proposed Stipulated Protective Order)(Coleman, Deborah) Modified text on 12/7/2012 (B,B). |
| Hearings Telephone Conference orginally set for 12/17/12 is being reset for 12/18/2012 at 12:45 via court bridge at (330) 458-2340, 4896558#, 69#. before Honorable Marilyn Shea-Stonum. Related document(s) #127 . (K,M) |
| Filing 130 Answer to First Amended Complaint and Affirmative Defenses filed by Fortress Credit Corp.. (Coleman, Deborah) Modified text on 12/3/2012 (B,B). |
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Filing 129
Order Granting Motion of Deborah A. Coleman for Permission for David L. Breau, Esq. to Appear Pro Hac Vice as co-counsel for Fortress Credit Corp. (Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms.) Judge Patricia A. Gaughan on 11/29/12. (LC,S) (Related Doc #126 )
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Filing 128
Order Granting Motion of Deborah A. Coleman for Permission for Andrew D. Hart, Esq. to Appear Pro Hac Vice as co-counsel for Fortress Credit Corp. (Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms.) Judge Patricia A. Gaughan on 11/29/12. (LC,S) (Related Doc #125 )
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Filing 127
Order and Memorandum of Pretrial Conference Held on November 20, 2012. Further Telephone Status Conference, if Necessary, Set for 12/17/2012 at 03:00 PM in Courtroom 260 Before Honorable Marilyn Shea-Stonum. Signed by Honorable Marilyn Shea-Stonum on 11/27/2012. (U, B) Modified text on 11/28/2012 (B,B).
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| Filing 126 Motion for attorney David L. Breau to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-5704135, filed by Movant Fortress Credit Corp.. (Attachments: #1 Affidavit of David L. Breau in Support of Motion for Permission to Appear Pro Hac Vice, #2 Proposed Order)(Coleman, Deborah) |
| Filing 125 Motion for attorney Andrew D. Hart to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-5704072, filed by Movant Fortress Credit Corp.. (Attachments: #1 Affidavit of Andrew D. Hart in Support of Motion for Permission to Appear Pro Hac Vice, #2 Proposed Order)(Coleman, Deborah) |
| Notice/Minutes [non document] re: Status hearing held and Fortress Credit Corp.'s Motion to sever considered moot at this point and hearing set for 12/18/12 not necessary at this time Related document(s) #88 . (K,M) Modified text on 11/21/2012 (B,B). |
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Filing 124
Order granting in part and denying in part #123 Motion for Extension of Time to Answer re #123 Unopposed Motion for extension of time until December 7, 2012 to answer First Amended Complaint it is ORDERED that Fortress must serve its Answer to the First Amended Complaint on or before 11/30/12.. Honorable Marilyn Shea-Stonum on 11/16/12.(R,M)
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| Filing 123 Unopposed Motion for extension of time until December 7, 2012 to answer First Amended Complaint filed by Movant Fortress Credit Corp.. (Attachments: #1 Proposed Order)(Coleman, Deborah) |
| Filing 122 Memorandum Opinion and Order: The R&R related to Textron's Motion to Dismiss is REJECTED. For the reasons stated herein, Textron's motion to dismiss is GRANTED and Textron is DISMISSED from this lawsuit. The R&R related to Fortress's Motion to Dismiss is ACCEPTED in PART and REJECTED in PART. The R&R is REJECTED to the extent it recommends denying Fortress's Motion to Dismiss as it relates to counts eleven, thirteen, fifteen, and seventeen. Those claims are DISMISSED. In addition, the Court finds that the Trustee has not properly alleged entitlement to treble damages under O.R.C. 2307.61. The Court ACCEPTS the conclusions reached in the R&R, but for the reasons stated herein, with regard to the avoidance claims (counts two, four, five, six, seven, and eight), the preference claims (count 18), and the claims for equitable subordination (count 20) and disallowance of claims (count 21). Accordingly, these claims remain pending against defendant Fortress. Judge Patricia A. Gaughan on 11/9/12. (LC,S) re #60 , #61 , #20 , #22 |
| Filing 121 Submission of Supplemental Authority in Support of its Objections to July 31, 2012 Report and Recommendation Regarding Motion to Dismiss the Amended Complaint filed by Fortress Credit Corp.. Related document(s) #22 , #61 , #70 .(Coleman, Deborah) (Exhibits Attached) Modified text and links on 11/13/2012 (B,B). |
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Filing 120
Order Setting Deadlines regarding a hearing on the allowance/disallowance of the IRS claim in the main case. Status Conference to be held on DECEMBER 18, 2012 at 10:30 AM at Courtroom 260 before Honorable Marilyn Shea-Stonum. Signed by Honorable Marilyn Shea-Stonum on 11/09/2012. (VM,D) Modified text on 11/9/2012 (B,B).
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Filing 119
Order and Memorandum of Pretrial Conference held on 11/06/12. Further Telephone Conference set for NOVEMBER 20, 2012 at 03:00 PM in Courtroom 260 before Honorable Marilyn Shea-Stonum. [Dial-in (330)458-2340, 4896558#, 69#]. Signed by Honorable Marilyn Shea-Stonum on 11/09/2012. (VM,D) Modified text on 11/9/2012 (B,B).
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| Filing 118 Subpoena Returned Executed; served upon Anthony Schlichte by Personal Service (Subpoena to Testify at a Deposition and Subpoena to Produce Documents) on November 3, 2012 filed on behalf of Fortress Credit Corp. (Attachments: #1 Return of Service)(Coleman, Deborah); by (s/Jeanne S. Peltz) Modified text on 11/9/2012 (B,B). |
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Order [non-document]: Defendant Textron Financial Corporation's Motion to File Supplemental Brief Concerning the IRS Withdrawal of Administrative Proof of Claim is Granted. Judge Patricia A. Gaughan on 11/9/12. (Related Doc #96 ) (LC,S)
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Order [non-document]: Motion of Defendants Textron Financial Corporation and Fortress Credit Corp. for Oral Argument on Objections is Denied. Judge Patricia A. Gaughan on 11/9/12. (Related Doc #83 ) (LC,S)
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Order [non-document]denying for the most part; Case Management Order addressed remaining issues re. Motion for order (Related Doc #51 )Amended Motion for a Consolidated Discovery Schedule and Case Management Order filed by Respondent Brian A. Bash. Related document(s) 30.. Honorable Marilyn Shea-Stonum on 11/06/12.(R,M)
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Filing 117
Order: Currently pending are Motions for Pro Hac Vice filed by Attorneys Janet Weiss (Doc. #50 ), Nancy Hart (Doc. #52 ), and John J. Kuster (Doc. #59 ). Due to a miscommunication between Bankruptcy Court and this Court, these motions have been pending for some time. The motions are GRANTED. Judge Patricia A. Gaughan on 11/1/12. (LC,S)
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| Filing 116 Subpoena Returned Executed; (production and deposition) served upon Robert Malone Personally, By Hand on 10/22/2012 filed on behalf of Fortress Credit Corp. (Attachments: #1 Return of Service Robert Malone (deposition))(Coleman, Deborah) Modified text on 11/5/2012 (B,B). |
| Filing 115 Subpoena Returned Executed; (production and deposition) served upon Rached Morgan and Russell Riggenbach Personally, By Hand on 10/20/2012 filed on behalf of Fortress Credit Corp. (Attachments: #1 Rachel Morgan Return of Service (deposition), #2 Russell Riggenbach Return of Service (production), #3 Russell Riggenbach Return of Service (deposition))(Coleman, Deborah) Modified text on 11/5/2012 (B,B). |
| Filing 114 Subpoena Returned Executed; served upon Maria Yankovich (deposition) Personally, By Hand on 10/20/2012 filed on behalf of Fortress Credit Corp. (Coleman, Deborah) Modified text on 11/5/2012 (B,B). |
| Filing 113 Subpoena Returned Executed; served upon Maria Yankovich (production) Personally, By Hand on 10/20/2012 filed on behalf of Fortress Credit Corp. (Coleman, Deborah) Modified text on 11/5/2012 (B,B). |
| Filing 112 Subpoena Returned Executed; served upon Lisa Mancuso (deposition) Personally, By Hand on 10/20/2012 filed on behalf of Fortress Credit Corp. (Coleman, Deborah) Modified text on 11/5/2012 (B,B). |
| Filing 111 Subpoena Returned Executed; served upon Lisa Mancuso (production) Personally, By Hand on 10/20/2102 filed on behalf of Fortress Credit Corp. (Coleman, Deborah) Modified text on 11/5/2012 (B,B). |
| Filing 110 Subpoena Returned Executed; served upon Laura Capron (deposition) Personally, By Hand on 10/20/2012 filed on behalf of Fortress Credit Corp. (Coleman, Deborah) Modified text on 11/5/2012 (B,B). |
| Filing 109 Subpoena Returned Executed; served upon Laura Capron (production) Personally, By Hand on 10/20/2012 filed on behalf of Fortress Credit Corp. (Coleman, Deborah) Modified text on 11/5/2012 (B,B). |
| Filing 108 Subpoena Returned Executed; served upon Kelly Nellis (deposition) Personally, By Hand on 10/20/2012 filed on behalf of Fortress Credit Corp. (Coleman, Deborah) Modified text on 11/5/2012 (B,B). |
| Filing 107 Subpoena Returned Executed; served upon Kelly Nellis (production) Personally, By Hand on 10/20/2012 filed on behalf of Fortress Credit Corp. (Coleman, Deborah) Modified text on 11/5/2012 (B,B). |
| Filing 106 Subpoena Returned Executed; served upon Frederick Lombardi (deposition) by personal service through Robert Malone, Attorney, authorized to accept on 10/22/2012 filed on behalf of Fortress Credit Corp. (Coleman, Deborah) Modified text on 11/5/2012 (B,B). |
| Filing 105 Subpoena Returned Executed; served upon Frederick Lombardi (production) by personal service through Robert Malone, attorney, authorized to accept service on 10/22/2012 filed on behalf of Fortress Credit Corp. (Coleman, Deborah) Modified text on 11/5/2012 (B,B). |
| Filing 104 Subpoena Returned Executed; served upon Eric McCoy (deposition) Personally By Hand on 10/20/2012 filed on behalf of Fortress Credit Corp. (Coleman, Deborah) Modified text on 11/5/2012 (B,B). |
| Filing 103 Subpoena Returned Executed; served upon Eric McCoy (production) Personally By Hand on 10/20/2012 filed on behalf of Fortress Credit Corp. (Coleman, Deborah) Modified text on 11/5/2012 (B,B). |
| Filing 102 Subpoena Returned Executed; served upon Cynthia Glunt (deposition) Personally By Hand on 10/20/2012 filed on behalf of Fortress Credit Corp. (Coleman, Deborah) Modified text on 11/5/2012 (B,B). |
| Filing 101 Subpoena Returned Executed; served upon Cynthia Glunt Personally By Hand on 10/20/2012 filed on behalf of Fortress Credit Corp. (Coleman, Deborah) Modified text on 11/5/2012 (B,B). |
| Filing 100 Notice of Service of Defendant Fortress Credit Corp.'s Response to Trustee's Notice of Supplemental Authority Regarding Response of Textron Financial Corporation and Fortress Credit Corp. to Bankruptcy Judge Shea-Stonum's Reports and Recommendations on 10/22/2012 filed by Fortress Credit Corp.. Related document(s) #99 .(Coleman, Deborah) Modified text on 10/23/2012 (B,B). |
| Filing 99 Response to Trustee's Notice of Supplemental Authority Regarding Response of Textron Financial Corporation and Fortress Credit Corp. to Bankruptcy Judge Shea-Stonum;s Reports and Recommendations filed by Fortress Credit Corp.. Related document(s) #20 , #22 , #60 , #61 , #70 , #75 , #98 . (Attachments: #1 Exhibit A - Test Case Procedures Order, #2 Exhibit B - Superseding Indictment) (Coleman, Deborah) Modified to create additional links on 10/23/2012 (B,B). |
| Filing 98 Trustee's Notice of Supplemental Authority Regarding Response to Objections of Textron Financial Corporation and Fortress Credit Corp. to Bankruptcy Judge Shea-Stonum's Reports and Recommendations to Deny Motions to Dismiss filed by Brian A. Bash. (Attachments: #1 Exhibit A - Supplemental Authority - Pearlman) (Related doc #20 , #22 , #60 , #61 , #70 , #75 ) (VanNiel, Michael) Modified to create links on 10/15/2012 (B,B). |
| Filing 97 Objection to Defendant Textron Financial Corporation's Motion to File Supplemental Brief Concerning the IRS Withdrawal of Administrative Proof of Claim filed by Brian A. Bash. Related document(s) #96 . (VanNiel, Michael) |
| Filing 96 Motion to supplement Brief Concerning the IRS Withdrawal of Administrative Proof of Claim filed by Movant Textron Financial Corporation. Related document(s) #75 . (Attachments: #1 Exhibit Exhibit A - Supplemental Brief Concerning IRS Withdrawal of Administrative Proof of Claim)(Lindsmith, Quintin) |
| Filing 95 Reply Memorandum of Law in Further Support of Its Motion to Sever filed by Fortress Credit Corp.. Related document(s) #88 . (Coleman, Deborah) Modified text on 10/3/2012 (B,B). |
| NOTE THAT THE TELEPHONIC PRETRIAL IN THIS CASE SET FOR 10/2/12 AT 3:00 HAS BEEN MOVED TO 10/2/12 AT 3:30 VIA THE SAME DIAL IN INFORMATION PREVIOUSLY INDICATED (330) 458-2340, 4896558#, 69#.before Honorable Marilyn Shea-Stonum. (K,M) |
| Filing 94 Objection to Defendant Fortress Credit Corp.'s Motion to Sever filed by Brian A. Bash. Related document(s) #88 . (VanNiel, Michael) |
| Filing 93 Response to #88 Motion to sever of Fortress Corp. filed by Textron Financial Corporation. (Lindsmith, Quintin) |
| Filing 92 MEMORANDUM OF PRE-TRIAL CONFERENCE HELD ON 09/04/2012. Further Telephone Conferences set for OCTOBER 2, 2012, NOVEMBER 6, 2012 and DECEMBER 4, 2012 at 03:00 PM in Courtroom 260 before Honorable Marilyn Shea-Stonum. Dial-in (330) 458-2340, 4896558#, 69#. The Court intends to hear the Motion for Approval and Entry of Stipulation and Order Allowing Prepetition Unsecured Priority Claim of the Internal Revenue Service for Prepetition Federal Unemployment Taxes [doc #985] filed in the main bankruptcy case and the objections and responses thereto at a hearing in December, 2012.. Honorable Marilyn Shea-Stonum on 09/12/2012. (VM,D) |
| Filing 91 Trustee's Response to Motion of Defendants Textron Financial Corporation and Fortress Credit Corp. for Oral Argument on Objections filed by Brian A. Bash. Related document(s) #83 . (Attachments: #1 Exhibit A - Slip Opinion - DeVries Dairy LLC v White Eagle Cooperative Association (Ohio Aug 28 2012)) (VanNiel, Michael) |
| Filing 90 Notice of Service of Fortress Credit Corp.'s Motion to Sever and Declaration of Daniel A. DeMarco, Esq., in Support of Fortress Credit Corp.'s Motion to Sever filed by Fortress Credit Corp.. Related document(s) #88 , #89 .(DeMarco, Daniel) |
| Filing 89 Affidavit/Declaration of Daniel A. DeMarco, Esq. in Support of Fortress Credit Corp.'s Motion to Sever filed by Fortress Credit Corp.. Related document(s) #88 . (Attachments: #1 Exhibit 1 - Transcript of Jury Trial Testimony of Brian Bash)(DeMarco, Daniel) |
| Filing 88 Motion to sever filed by Movant Fortress Credit Corp.. (Attachments: #1 Brief in Support)(DeMarco, Daniel) |
| Filing 87 Notice of Service of Fortress Credit Corp.'s Reply Memorandum of Law in Further Support of its Objections, Appendix of Unreported Authority and Certification of Compliance filed by Fortress Credit Corp.. Related document(s) #84 , #86 , #85 .(Coleman, Deborah) |
| Filing 86 Supplement Certification of Compliance with Local Rule 7.1(f) to #84 Response, filed by Fortress Credit Corp.. Related document(s) #84 . (Coleman, Deborah) |
| Filing 85 Appendix of Unreported Authority filed by Fortress Credit Corp.. Related document(s) #84 . (Coleman, Deborah) |
| Filing 84 Defendant Fortress Credit Corp.'s Reply Memorandum of Law in Further Support of its Objections to July 31, 2012 Report and Recommendation Regarding Motion to Dismiss the Amended Complaint filed by Fortress Credit Corp.. Related document(s) #70 . (Coleman, Deborah) |
| Filing 83 Joint Motion for oral argument on Objections filed by Fortress Credit Corp., Textron Financial Corporation. (Johnson, Kenneth) |
| Filing 82 Reply Brief of Textron Financial Corporation in Further Support of Its Objection to the Report and Recommendation on Motion to Dismiss the Amended Complaint filed by Textron Financial Corporation. Related document(s) #75 . (Johnson, Kenneth) |
| Filing 81 Notice of attachment of Plaintiff's proposed matrix of depositions with Defendant's comments filed by Brian A. Bash. (Attachments: #1 Exhibit Proposed Deposition Calendar, #2 Exhibit List of Depositions)Related document(s) #78 .(Hutchinson, Joseph) Modified text on 9/4/2012 (B,B). |
| Filing 80 Response to Objection of Textron Financial Corporation to July 31, 2012 Report and Recommendation to Deny Textron's Motion to Dismiss First Amended Complaint filed by Brian A. Bash. Related document(s) #60 , #75 . (Attachments: #1 Exhibit A - Ohio Supreme Court's Slip Opinion and Underlying Briefing in DeVries Dairy, LLC, #2 Exhibit B - Briefing Regarding Pre-Petition Claim of IRS, #3 Unpublished Decisions - Part 1, #4 Unpublished Decisions - Part 2) (VanNiel, Michael) Modified text and links on 8/30/2012 (B,B). |
| Filing 79 Response to Defendant Fortress Credit Corp.'s Objections to July 31, 2012 Report and Recommendation to Deny Fortress Motion to Dismiss First Amended Complaint filed by Brian A. Bash. Related document(s) #61 , #70 . (Attachments: #1 Exhibit A - Ohio Supreme Court's Slip Opinion and Underlying Briefing in DeVries Dairy, LLC, #2 Unpublished Decisions) (VanNiel, Michael) Modified text and links on 8/30/2012 (B,B). |
| As part of the Pretrial Conference set for 9/4/2012 at 02:00 PM in Courtroom 260 before Honorable Marilyn Shea-Stonum. Related document(s) #77 . (K,M) |
| Filing 78 Memorandum of Pre-trial Conference before Honorable Marilyn Shea-Stonum.Status Conference held on 08/20/2012. Written and Deposition Discovery Deadlines indicated herein. Further Pretrial Conference set for 9/4/2012 at 02:00 PM in Courtroom 260 before Honorable Marilyn Shea-Stonum [phone dial-in (330) 458-2340, 4896558#, 69#] (VM,D) |
| Filing 77 Motion to quash Subpoena filed by Interested Party United States of America. (Attachments: #1 Exhibit 101- Subpoena)(Bickett, James) Modified text on 8/17/2012 (B,B). |
| Status Conference set for 8/20/2012 at 10:00 AM in Courtroom 260 before Honorable Marilyn Shea-Stonum; To participate dial (330)458-2340, 4896558#, 69#. *Note Change in time* (R,M) |
| Filing 76 Supplement Certification of Compliance with Local Rule 7.1(f) to Objection to Report and Recommendation filed by Textron Financial Corporation. Related document(s) #60 , #75 . (Johnson, Kenneth) Modified to create an additional link on 8/16/2012 (B,B). |
| Filing 75 Objection to Report and Recommendation on Motion to Dismiss the Amended Complaint filed by Textron Financial Corporation. Related document(s) #60 . (Johnson, Kenneth) Modified to correct link on 8/16/2012 (B,B). |
| Filing 74 Notice of Service of Fortress Credit Corp.'s Objection to July 31, 2012 Report and Recommendation, Certification of Compliance with Local Rule 7.1(f), Declaration of Deborah A. Coleman and Appendix of Unreported Cases on 8/15/2012 filed by Fortress Credit Corp.. Related document(s) #70 , #71 , #73 , #72 .(Coleman, Deborah) Modified text on 8/16/2012 (B,B). |
| Filing 73 Appendix of Unreported Cases filed by Fortress Credit Corp.. Related document(s) #61 , #70 . (Coleman, Deborah) Modified to create an additional link on 8/16/2012 (B,B). |
| Filing 72 Declaration of Deborah A. Coleman, Esq. in Support of Fortress Credit Corp.'s Objections to July 31, 2012 Report and Recommendation Regarding Motion to Dismiss the Amended Complaint filed by Fortress Credit Corp.. Related document(s) #61 , #70 . (Attachments: #1 Exhibit 1 - Fortress' Motion to Dismiss the First Amended Complaint and Fortress' Memorandum of Law in Support of Its Motion to Dismiss the First Amended Complaint, #2 Exhibit 2 - Declaration of DeWayne Chin, #3 Exhibit 3 - Fortress' Reply Memorandum of Law in Further Support of Its Motion to Dismiss the First Amended Complaint)(Coleman, Deborah) Modified text and links on 8/16/2012 (B,B). |
| Filing 71 Supplement Certification of Compliance with Local Rule 7.1(f) to Objection to Report and Recommendation filed by Fortress Credit Corp.. Related document(s) #61 . #70 . (Coleman, Deborah) Modified to create an additional link on 8/16/2012 (B,B). |
| Filing 70 Objection to Report and Recommendation Regarding Motion to Dismiss the Amended Complaint filed by Fortress Credit Corp.. Related document(s) #61 . (Coleman, Deborah) |
| Telephone status Conference set for 8/20/2012 at 09:00 AM before Honorable Marilyn Shea-Stonum. To participate dial (330)458-2340, 4896558#, 69#. (K,M) |
| Filing 69 Attorney Appearance filed by Thomas R. Lucchesi on behalf of Brian A. Bash. (Lucchesi, Thomas) Modified text on 8/13/2012 (B,B). |
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Order [non-document]: Unopposed Motion to Establish Briefing Schedule and Page Length for Defendants Objections to the Report and Recommendation to Deny Their Motions to Dismiss is GRANTED in PART. Objections may not exceed 30 pages. Reply brief may not exceed 10 pages. Judge Patricia A. Gaughan on 8/10/12. (Related Doc #68 ) (LC,S)
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| Filing 68 Unopposed Motion to Establish Briefing Schedule and Page Length for Defendants Objections to the Report and Recommendation to Deny Their Motions to Dismiss filed by Fortress Credit Corp., Textron Financial Corporation. Related document(s) #60 , #61 . (Attachments: #1 Proposed Order)(Coleman, Deborah) |
| Status Conference set for 8/13/2012 at 10:00 AM in Courtroom 260 before Honorable Marilyn Shea-Stonum. (K,M) |
| Filing 67 Agreed Order Limiting Access to the Fortress Documents in the Data Room, Providing Related Relief and Amending the Data Room Order . Honorable Marilyn Shea-Stonum on 08/03/2012. (ref. bankruptcy case document #1034)(VM,D) |
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Filing 66
Order Redacting Information With Redacted Filing. Attached as Exhibit A is a redacted copy of the Declaration of Michael VanNiel that differs from the original only by redacting Exhibit 29 to that declaration. This document attached as Exhibit A replaces the document located at Docket No. 37 in this case. Attached as Exhibit B is a redacted copy of the Trustees Brief in Opposition to Motions of Textron Financial Corporation and Fortress Credit Corp. to Dismiss First Amended Complaint that differs from the original only by redacting the portion of final paragraph of page 24 of that brief that quotes certain passages of the Message. This document attached as Exhibit B replaces the document located at Docket No. 36 in this case. Honorable Marilyn Shea-Stonum on 08/03/2012. (Related doc 36 , 37 ) (VM,D) Modified to create links on 8/6/2012 (B,B). (Additional attachment(s) added on 1/15/2016: #1 Corrected PDF) (P, S).
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| Filing 65 Agreed Order Limiting Access to the Textron Documents in the Data Room, Providing Related Relief and Amending the Data Room Order Honorable Marilyn Shea-Stonum on 08/03/2012. (ref. bankruptcy case document #1033)(VM,D) |
| Filing 64 Supplemental Notice of Service of Statement of Defendants Textron Financial Corp. and Fortress Credit Corp. Regarding the Trustee's August 1, 2012 Submission of a "Case Management Order" on 8/2/2012 filed by Fortress Credit Corp.. Related document(s) #63 .(Coleman, Deborah) Modified text on 8/3/2012 (B,B). |
| Filing 63 Statement of Defendants Textron Financial Corp. and Fortress Credit Corp. Regarding the Trustee's August 1, 2012 Submission of a "Case Management Order" filed by Fortress Credit Corp., Textron Financial Corporation. Related document(s) #62 . (Attachments: #1 Attachment A - Proposed Stipulated Case Management Order) (Coleman, Deborah) |
| Filing 62 Proposed Case Management Order Listing Matters in Dispute filed by Brian A. Bash. (Hutchinson, Joseph) Modified text on 8/2/2012 (B,B). |
| Notice of Pre-trial Conference [non-document] set for 8/13/2012 at 10:00 AM in Courtroom 260 before Honorable Marilyn Shea-Stonum. Related document(s) #51 , #56 , #53 , #54 . (VM,D) |
| Filing 61 Report and Recommendation to Deny Fortress' Motion to dismiss the First Amended Complaint. Signed by Judge Shea-Stonum 7/31/2012 on (Related doc #22 , 36 , #42 )(VM,D) Modified text and links on 8/1/2012 (B,B). |
| Filing 60 Report and Recommendation to Deny Textron's Motion to Dismiss. Signed by Judge Shea-Stonum on 7/31/2012. (Related doc #20 , 36 , #45 ) (VM,D) Modified text on 8/1/2012 (B,B). |
| Filing 59 Motion for attorney John J. Kuster to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-5458851, filed by Movant Fortress Credit Corp.. (Attachments: #1 Affidavit John J. Kuster, #2 Proposed Order)(Coleman, Deborah) |
| Set Deadlines and Hearings Related document(s) #49 ; Hearing held and nothing further scheduled pending ruling on motion to dismiss the Textron case 5:12-cv-00987 (12-5101).. (R,M) |
| Filing 58 Motion for leave Instanter to File Statement in Brief Response to the Improper Omnibus Reply of Trustee to Defendants' Responses to the Amended Motion for a Consolidated Discovery Schedule and Case Management Order filed by Movant Fortress Credit Corp.. Related document(s) #56 . (Attachments: #1 Statement in Brief Response to Improper Omnibus Reply, #2 Exhibit A to Statement in Brief Response - Fortress Proposed Schedule)(Coleman, Deborah) |
| Filing 57 Omnibus Notice of Status Conference of July 9, 2012 filed by Brian A. Bash. (Proano, David) |
| Filing 56 Omnibus Reply to response to #51 Amended Motion for a Consolidated Discovery Schedule and Case Management Order filed by Brian A. Bash. (Attachments: #1 Exhibit A - D )(Hutchinson, Joseph) Modified text on 7/9/2012 (B,B). |
| Filing 55 Notice of Service of Defendant Fortress Credit Corp.'s Response in Opposition to the Amended Motion of Trustee Brian A. Bash for a Consolidated Discovery Schedule and Case Management Order on 6/27/2012 filed by Fortress Credit Corp.. Related document(s) #54 .(Coleman, Deborah) Modified text on 6/28/2012 (B,B). |
| Filing 54 Opposition to #51 Amended Motion for a Consolidated Discovery Schedule and Case Management Order filed by Fortress Credit Corp.. (Attachments: #1 Appendix A)(Coleman, Deborah) Modified text on 6/28/2012 (B,B). |
| Filing 53 Response to #51 Amended Motion for a Consolidated Discovery Schedule and Case Management Order filed by Textron Financial Corporation. (Johnson, Kenneth) |
| Filing 52 Motion for attorney Nancy Hart to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-5428068, filed by Movant Textron Financial Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lindsmith, Quintin) |
| Filing 51 Amended Motion for a Consolidated Discovery Schedule and Case Management Order filed by Respondent Brian A. Bash. Related document(s) #30 . (Hutchinson, Joseph) Modified text on 6/21/2012 (B,B). |
| Filing 50 Motion for attorney Janet M. Weiss to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-5415785, filed by Movant Textron Financial Corporation. (Attachments: #1 Exhibit Affidavit, #2 Exhibit Proposed Order)(Lindsmith, Quintin) Modified text on 6/20/2012 (B,B). |
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Filing 49
Order setting Status Conference re #30 Motion to consolidate cases filed by Brian A. Bash Status Conference set for 7/9/2012 at 03:00 PM in Courtroom 260 before Honorable Marilyn Shea-Stonum. 06/20/12 - Plaintiff's counsel to file amended motion to consolidate; 06/27/12 - Amended response to be filed.. Honorable Marilyn Shea-Stonum on 06/18/12. (R,M)
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| Filing 48 Omnibus Notice of Status Conference filed by Brian A. Bash. (Proano, David) |
| Notice to Attorney Janet Weiss. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.5 must be filed within 10 business days. Notice sent to attorney by U.S. Mail on 6/13/2012. Related document(s) #45 . (P,G) |
| Notice to Attorney Nancy E. Hart. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.5 must be filed within 10 business days. Notice sent to attorney by U.S. Mail on 6/13/2012. Related document(s) #45 . (P,G) |
| Filing 47 Notice of Service of Reply Memorandum in Further Support of Textron's Motion to Dismiss the Amended Complaint and Appendix of Unreported Cases on 6/12/2012 filed by Textron Financial Corporation. Related document(s) #46 , #45 .(Johnson, Kenneth) Modified text on 6/13/2012 (B,B). |
| Filing 46 Appendix of Unreported Cases filed by Textron Financial Corporation. Related document(s) #20 , #45 . (Johnson, Kenneth) |
| Filing 45 Reply Memorandum in Further Support of Textron's Motion to Dismiss the Amended Complaint filed by Textron Financial Corporation. Related document(s) #20 . (Johnson, Kenneth) |
| Filing 44 Notice of Service of Reply Memorandum of Law in Further Support of its Motion to Dismiss the First Amended Complaint and Appendix of Unreported Cases on 6/5/2012 filed by Fortress Credit Corp.. Related document(s) #42 , #43 .(Coleman, Deborah) Modified text on 6/6/2012 (B,B). |
| Filing 43 Appendix of Unreported Cases filed by Fortress Credit Corp.. Related document(s) #22 , #42 . (Coleman, Deborah) Modified text on 6/6/2012 (B,B). |
| Filing 42 Reply to response to #22 Motion to dismiss the First Amended Complaint filed by Fortress Credit Corp.. (Coleman, Deborah) Modified text on 6/6/2012 (B,B). |
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Order [non-document]granting in part and denying in part #40 Motion to Extend Deadlines. Reply brief of Textron Financial Corporation EXTENDED ONE WEEK, UNTIL 06/12/12. Honorable Marilyn Shea-Stonum on 06/01/12. (R,M) Modified text on 6/1/2012 (B,B).
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| Filing 41 Trustee's Comment Regarding Textron Financial Corporation's Motion for an Extension of Time to File a Reply to Trustee's Omnibus Brief in Opposition to Motions to Dismiss filed by Brian A. Bash. Related document(s) #40 . (VanNiel, Michael) |
| Filing 40 Motion for extension of time for Filing of Reply Brief until 06/19/2012 filed by Movant Textron Financial Corporation. Related document(s) 36 . (Attachments: #1 Exhibit Proposed Order Granting Motion)(Johnson, Kenneth) Modified text on 5/29/2012 (B,B). |
| Filing 39 Letter to Judge Shea-Stonum re Courtesy Copy of Trustee's Appendix and Related Documents in Support of Omnibus Brief filed May 22, 2012 filed by Brian A. Bash. Related document(s) 37 , 36 . (Esmont, Joseph) |
| Filing 38 Letter to Judge Shea-Stonum re Courtesy Copy of Trustee's Omnibus Brief filed May 22, 2012 filed by Brian A. Bash. Related document(s) 37 , 36 . (Esmont, Joseph) |
| Filing 35 Corporate Disclosure Statement identifying Corporate Parent Textron, Inc. for Textron Financial Corporation filed by Textron Financial Corporation. (Johnson, Kenneth) |
| Status Conference set for 6/15/2012 at 01:15 PM in Courtroom 260 before Honorable Marilyn Shea-Stonum. Related document(s) #31 , #30 , #32 . (K,M) |
| Filing 34 Omnibus Notice of Status Conference filed by Brian A. Bash. Related document(s) #33 .(Proano, David) |
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Filing 33
Order setting Telephone Conference regarding plaintiff's motion #30 to consolidate set for 5/15/2012 at 03:00 PM in Courtroom 260 before Honorable Marilyn Shea-Stonum; Plaintiff is directed to make arrangements for the conference call and file those instructions by 05/14/12 at 12:00 pm.. Honorable Marilyn Shea-Stonum on 05/10/12. (R,M)
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Filing 29
Order: Pursuant to General Order 2012-7, this Court hereby refers this matter to Bankruptcy Court Judge Marilyn Shea-Stonum for pretrial supervision. Judge Shea-Stonum shall file with this Court a Report and Recommendation on all dispositive motions filed in this case. Judge Patricia A. Gaughan on 4/30/12. (LC,S)
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| Filing 28 [Corrected filing with PDF document converted to a text searchable format] Trustee's Omnibus Reply in Support of the Trustee's Motion for Consolidation of Common Issues of Law and Fact filed by Brian A. Bash. (Attachments: #1 Exhibit A - Motion for Consolidation of Common Issues of Law and Fact, #2 Exhibit B - Case Management Orders) (Proano, David) Modified text on 5/1/2012 (B,B). |
| Filing 27 Trustee's Omnibus Reply in Support of the Trustee's Motion for Consolidation of Common Issues of Law and Fact filed by Brian A. Bash. (Attachments: #1 Exhibit A - Trustee's Motion for Consolidation, #2 Exhibit B - Case Management Orders) (Proano, David) |
| Filing 26 Attorney Appearance filed by David F. Proano on behalf of Brian A. Bash. (Proano, David) Modified text on 5/1/2012 (B,B). |
| Miscellaneous case information copied to civil case. (B,R) |
| Filing 32 Response to #30 Motion of Brian A. Bash, Chapter 7 Trustee, Pursuant to Bankruptcy Rule 7042 and Civil Rule 42(a), for Consolidation of Adversary Proceedings for Determination of Common Issues of Law and Fact and for Entry of an Order Scheduling a Case Management Conference for Such Proceeding filed by Textron Financial Corporation. (R,M) |
| Filing 25 Notice of Service of Corporate Disclosure Statement, Defendant Fortress Credit Corp.'s Motion to Dismiss First Amended Complaint, Appendix of Unreported Cases and Declaration of DeWayne Chin on 4/20/2012 filed by Fortress Credit Corp.. Related document(s) #23 , #22 , #21 , #24 .(Coleman, Deborah) Modified text on 4/23/2012 (B,B). |
| Filing 24 Declaration of DeWayne Chin filed by Fortress Credit Corp.. Related document(s) #22 . (Attachments: #1 Exhibit A - $50,000,000 Revolving Credit Agreement, #2 Exhibit B - Purchase and Contribution Agreement, #3 Exhibit C - Securities Account Control Agreement, #4 Exhibit D - UCC-1 Financing Statement and Schedule A, #5 Exhibit E - Second UCC-1 Financing Statement)(Coleman, Deborah) Modified text on 4/23/2012 (B,B). |
| Filing 23 Appendix of Unreported Cases filed by Fortress Credit Corp.. Related document(s) #22 . (Coleman, Deborah) |
| Filing 22 Motion to dismiss the First Amended Complaint filed by Movant Fortress Credit Corp.. (Attachments: #1 Brief in Support)(Coleman, Deborah) |
| Filing 21 Corporate Disclosure Statement identifying Corporate Parent Fortress Investment Group LLC for Fortress Credit Corp. filed by Fortress Credit Corp.. (Coleman, Deborah) |
| Filing 20 Motion to dismiss Amended Complaint filed by Movant Textron Financial Corporation. (Attachments: #1 Exhibit A-F, #2 Exhibit G-L, #3 Exhibit M-P)(Johnson, Kenneth) |
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Filing 19
Order: The Motion for Withdrawal of Reference (Bankruptcy) filed by Movant Textron Financial Corporation (ECF #1 ) and the Motion for Withdrawal of Reference (Bankruptcy) filed by Movant Fortress Credit Corp. (ECF #3 ) are UNOPPOSED and GRANTED. Also, the Motion for Withdrawal of Reference (Bankruptcy) filed by Respondent Brian A. Bash (ECF #2 ) is UNOPPOSED and GRANTED. Judge Patricia A. Gaughan on 4/19/12. (LC,S)
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Order [non-document]: Motion of Defendant Textron Financial Corporation for Admission of Lee G. Dunst Pro Hac Vice is Granted. Judge Patricia A. Gaughan on 4/16/12. (Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms.) (Related Doc #13 ) (LC,S)
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Order [non-document]: Motion of Defendant Textron Financial Corporation for Admission of Mitchell A. Karlan Pro Hac Vice is Granted. Judge Patricia A. Gaughan on 4/16/12. (Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms.) (Related Doc #14 ) (LC,S)
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Order [non-document]: Motion of Defendant Textron Financial Corporation for Admission of Brian M. Lutz Pro Hac Vice is Granted. Judge Patricia A. Gaughan on 4/16/12. (Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms.) (Related Doc #15 ) (LC,S)
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Order [non-document]: Motion of Deborah A. Coleman for Permission for Lee S. Attanasio, Esq. to Appear Pro Hac Vice as co-counsel for Fortress is Granted. Judge Patricia A. Gaughan on 4/13/12. (Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms.) (Related Doc #10 ) (LC,S)
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Order [non-document]: Motion of Deborah A. Coleman for Permission for John G. Hutchinson, Esq. to Appear Pro Hac Vice as co-counsel for Fortress is Granted. Judge Patricia A. Gaughan on 4/13/12. (Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms.) (Related Doc #9 ) (LC,S)
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Order [non-document]: Motion of Deborah A. Coleman for Permission for Benjamin R. Nagin, Esq. to Appear Pro Hac Vice as co-counsel for Fortress is Granted. Judge Patricia A. Gaughan on 4/13/12. (Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms.) (Related Doc #11 ) (LC,S)
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| Filing 18 Supplement Notice of Filing of Exhibit 1 to Trustee's Consolidated Reply to Defendants' Responses to Trustee's Motion for Withdrawal of Reference to #17 Response filed by Brian A. Bash. Related document(s) #17 . (VanNiel, Michael) |
| Filing 17 Trustee's Consolidated Reply to Defendants' Responses to Trustee's Motion for Withdrawal of Reference filed by Brian A. Bash. Related document(s) #6 , #8 . (VanNiel, Michael) |
| Filing 16 Reply to response to #7 Motion for withdrawal of reference (Bankruptcy) Consolidated Memorandum in Response to Defendants' Motions filed by Fortress Credit Corp.. (Attachments: #1 Exhibit A - Fortress Consolidation Objection)(Coleman, Deborah) |
| Filing 15 Motion for attorney Brian M. Lutz to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-5296206, filed by Movant Textron Financial Corporation. (Attachments: #1 Exhibit Affidavit, #2 Exhibit Proposed Order)(Lindsmith, Quintin) Modified text on 4/13/2012 (B,B). |
| Filing 14 Motion for attorney Mitchell A. Karlan to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-5296196, filed by Movant Textron Financial Corporation. (Attachments: #1 Exhibit Affidavit, #2 Exhibit Proposed Order)(Lindsmith, Quintin) Modified text on 4/13/2012 (B,B). |
| Filing 13 Motion for attorney Lee G. Dunst to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-5296172, filed by Movant Textron Financial Corporation. (Attachments: #1 Exhibit Affidavit, #2 Exhibit Proposed Order)(Lindsmith, Quintin) Modified text on 4/13/2012 (B,B). |
| Filing 12 Response to #5 Motion of Brian A. Bash for the Entry of an Order (A) Transferring Consideration of Related Motions to Withdraw the Reference to a Single District Court Judge and (B) Directing the Clerk to Assign All Future Related Motions to Withdraw the Reference to a Single District Court Judge filed by Fortress Credit Corp.. (Attachments: #1 Exhibit A - Fortress Consolidation Objection)(Coleman, Deborah) Modified text on 4/13/2012 (B,B). |
| Filing 11 Motion for attorney Benjamin R. Nagin to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-5294383, filed by Movant Fortress Credit Corp.. (Attachments: #1 Affidavit Benjamin R. Nagin, #2 Proposed Order)(Coleman, Deborah) |
| Filing 10 Motion for attorney Lee S. Attanasio to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-5294352, filed by Movant Fortress Credit Corp.. (Attachments: #1 Affidavit Lee S. Attanasio, #2 Proposed Order)(Coleman, Deborah) |
| Filing 9 Motion for attorney John G. Hutchinson to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-5294317, filed by Movant Fortress Credit Corp.. (Attachments: #1 Affidavit John G. Hutchinson, #2 Proposed Order)(Coleman, Deborah) |
| Filing 8 Response to #2 Motion for withdrawal of reference (Bankruptcy) filed by Textron Financial Corporation. (Lindsmith, Quintin) |
| Notice to Attorney John G. Hutchinson. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, please apply for admission or file a motion to be admitted pro hac vice within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, file a motion to withdraw as attorney pursuant to LR 83.9 within 10 business days. Related document(s) #6 . (P,G) |
| Notice to Attorney Lee S. Attanasio. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, please apply for admission or file a motion to be admitted pro hac vice within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, file a motion to withdraw as attorney pursuant to LR 83.9 within 10 business days. Related document(s) #6 . (P,G) |
| Notice to Attorney Benjamin R. Nagin. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, please apply for admission or file a motion to be admitted pro hac vice within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, file a motion to withdraw as attorney pursuant to LR 83.9 within 10 business days. Related document(s) #6 . (P,G) |
| Filing 31 Opposition to #30 Motion of Brian A. Bash, Chapter 7 Trustee, Pursuant to Bankruptcy Rule 7042 and Civil Rule 42(a), for Consolidation of Adversary Proceedings for Determination of Common Issues of Law and Fact and for Entry of an Order Scheduling a Case Management Conference for Such Proceeding filed by Fortress Credit Corp.. (R,M) |
| Filing 7 Consolidated Response to Defendants' Motions for withdrawal of reference (Bankruptcy) filed by Respondent Brian A. Bash. Related document(s) #1 , #3 . (Attachments: #1 Exhibit Trustee's Motion to Consolidate (w/o exhibits), #2 Exhibit Trustee's Motion to Withdraw the Reference (w/o exhibits), #3 Exhibit Southern District of New York Standing Order of Reference)(VanNiel, Michael) Modified text on 4/4/2012 (B,B). |
| Filing 6 Limited Objection to Motion of Brian A. Bash, Chapter 7 Trustee, for the Entry of an Order, Pursuant to 28 U.S.C. Section 157(d) and Bankruptcy Rule 5011(a), Withdrawing the Reference of Adversary Proceedings Involving Common Issues of Law and Fact filed by Fortress Credit Corp.. Related document(s) #2 . (Coleman, Deborah) Modified text on 4/4/2012 (B,B). |
| Filing 5 Motion for the Entry of an Order (A) Transferring Consideration of Related Motions to Withdraw the Reference to a Single District Court Judge and (B) Directing the Clerk to Assign All Future Related Motions to Withdraw the Reference to a Single District Court Judge filed by Respondent Brian A. Bash. (Attachments: #1 Exhibit 1 - Motion to Consolidate, #2 Exhibit 2 - Withdrawal Motion, #3 Exhibit 3 - SDNY Amended Standing Order)(Hutchinson, Joseph) |
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Filing 4
Order of Reassignment. This case is returned to the Clerk for reassignment to Judge Patricia A. Gaughan for all further proceedings. Signed by Judge Christopher A. Boyko, Judge Patricia A. Gaughan, and Chief Judge Solomon Oliver, Jr. on 3/22/2012. (M,M) Modified text on 3/23/2012 (B,B).
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| Judge Patricia A. Gaughan assigned to case. Judge Christopher A. Boyko terminated. (C,BA) |
| Filing 3 Motion for withdrawal of reference (Bankruptcy) filed by Movant Fortress Credit Corp. (Attachments: #1 Exhibit A - Proposed Order, #2 USBC Docket Sheet, Adversary Proceedings Case 11-5101, #3 USBC Docket Sheet, Bankruptcy Case 10-50494, #4 Transmittal Letter)(M,TL) |
| Filing 2 Motion for withdrawal of reference (Bankruptcy) filed by Respondent Brian A. Bash. (Attachments: #1 Exhibit A Rule 42(a) Motion, #2 Exhibit B Motions to Withdraw the Reference, #3 Exhibit C SDNY Amended Standing Order and Adelphia Decision, #4 Exhibit D Proposed Order, #5 USBC Docket Sheet, Adversary Proceedings Case 12-5101, #6 USBC Docket Sheet, Bankruptcy Case 10-50494, #7 Transmittal Letter)(M,TL) |
| Filing 30 Motion of Brian A. Bash, Chapter 7 Trustee, Pursuant to Bankruptcy Rule 7042 and Civil Rule 42(a), for Consolidation of Adversary Proceedings for Determination of Common Issues of Law and Fact and for Entry of an Order Scheduling a Case Management Conference for Such Proceeding filed by Respondent Brian A. Bash. (R,M) |
| Filing 1 Motion for withdrawal of reference (Bankruptcy) filed by Movant Textron Financial Corporation. (Attachments: #1 USBC Docket Sheet, Adversary Proceedings Case 12-5101, #2 USBC Docket Sheet, Bankruptcy Case #10-50494, #3 Transmittal Letter)(M,TL) |
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