Bash v. Fair Holdings, Inc. et al
Petitioner: Brian A. Bash
Respondent: DC Investments, LLC and Fair Holdings, Inc.
Case Number: 5:2012cv00990
Filed: April 20, 2012
Court: US District Court for the Northern District of Ohio
Office: Akron Office
County: Summit
Presiding Judge: Patricia A Gaughan
Nature of Suit: Bankruptcy Withdrawl
Cause of Action: 28 U.S.C. § 0157
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 20, 2014. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 20, 2014 Opinion or Order Filing 18 Order referring case to Honorable Pat E. Morgenstern-Clarren 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 12-05103-pmc. Motions to Appear Pro Hac Vice and for Rule 7041 dismissals shall be filed and docketed in the District Court in Case Number 5:12 CV 990. Chief Judge Morgenstern-Clarren shall file a Report and Recommendation on all dispositive motions filed in this case. Judge Patricia A. Gaughan (C,KA)
August 29, 2013 Filing 17 Judgment Entry accepting the Report Recommending Entry of Default without Hearing. Partial judgment is entered as follows: a) On counts IX through XII of the Complaint in this matter, the Court enters judgment in favor of the Trustee and against defendant Fair Holdings, Inc. in the sum certain of$53,094,576.90; b) On counts IX through XII of the Complaint in this matter, the Court enters judgment in favor of the Trustee and against defendant DC Investments, LLC in the sum certain of $88,021,727.98; and c) On counts IX through XII, post-judgment interest is awarded against defendants Fair Holdings, Inc. and DC Investments, LLC on the judgment as specified in 28 U.S.C. 1961. Signed by Judge Patricia A. Gaughan on 8/28/2013. (Related doc #16 )(B,B)
August 8, 2013 Filing 16 Report Recommending Entry of Default Judgment Without Hearing re #15 Motion for a Report and Recommendation Recommending Entry of Partial Default Judgment Without a Hearing filed by Brian A. Bash Objections to R&R due by 8/22/2013. Honorable Marilyn Shea-Stonum on August 8, 2013. c/s(U, B)
April 23, 2013 Filing 15 Motion for a Report and Recommendation Recommending Entry of Partial Default Judgment Without a Hearing filed by Movant Brian A. Bash. (Attachments: #1 Exhibit A - Declaration of Howard L. Klein, #2 Exhibit B - Proposed Report and Recommendation)(Osburn, Alexis)
January 30, 2013 Status conference held on 1/30/2013 - motion for default to be filed (K,M) Modified text on 2/1/2013 (R,N). Modified on 3/8/2013 (R,M).
January 22, 2013 Status Conference set for 1/30/2013 at 02:15 PM before Honorable Marilyn Shea-Stonum. (K,M)
July 9, 2012 Status Conference Held and nothing further scheduled pending ruling on motion to dismiss the Textron case 5:12-cv-00987, Related document(s) #14 . (VM,D) Modified on 7/10/2012 (R,M).
June 18, 2012 Opinion or Order Filing 14 Order Setting Status Conference re #7 Motion to consolidate cases filed by Brian A. Bash with case management conference to be held on 7/9/2012 at 03:00 PM at 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. (VM,D)
June 14, 2012 Filing 13 Omnibus Notice of Status Conference filed by Brian A. Bash. (Proano, David)
June 7, 2012 Filing 12 Clerk's Default Entered on 06/07/12 against Fair Holdings, Inc. & DC Investments, LLC. Kenneth J. Hirz, Clerk by Marie Randolph, Deputy Clerk. Related document(s) #11 . (R,M)(Fair Holdings Inc & DC Investments, LLC served via USMS)
June 4, 2012 Filing 11 Request for Entry of Default and Declaration in Support of Entry of Default filed by Brian A. Bash. (Attachments: #1 Exhibit A - Declaration of David F. Proano) (Osburn, Alexis)
June 1, 2012 Filing 10 DOCUMENT FILED IN ERROR, PLEASE SEE #11 FOR CORRECTED ENTRY. Request for Entry of Default and Declaration in Support of Entry of Default filed by Brian A. Bash. (Osburn, Alexis) Modified on 6/6/2012 (R,N).
May 15, 2012 Status Conference set for 6/15/2012 at 01:15 PM in Courtroom 260 before Honorable Marilyn Shea-Stonum. Related document(s) #7 . (K,M)
May 14, 2012 Filing 9 Omnibus Notice of Status Conference on May 15, 2012 at 3:00 p.m. in the Bankruptcy Courtroom, 2nd Floor, 2 South Main Street, Akron, Ohio filed by Brian A. Bash. Related document(s) #8 .(Proano, David) Modified docket text on 5/15/2012 (R,N).
May 10, 2012 Opinion or Order Filing 8 Order setting Telephone Conference regarding plaintiff's motion #7 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)
May 1, 2012 Opinion or Order Filing 6 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)
April 30, 2012 Filing 5 Attorney Appearance by David F. Proano filed by on behalf of Brian A. Bash. (Proano, David)
April 23, 2012 Miscellaneous case information copied to civil case. (B,B)
April 20, 2012 Opinion or Order Filing 4 Order: The Motion for Withdrawal of Reference (Bankruptcy) filed by Movant Brian A. Bash (ECF #1 ) is UNOPPOSED and GRANTED. Judge Patricia A. Gaughan on 4/19/12. (LC,S)
April 3, 2012 Opinion or Order Filing 3 Order of Reassignment signed by Judge Dan A. Polster and Judge Patricia A. Gaughan on 4/3/2012. This case is returned to the Clerk for reassignment to Judge Patricia A. Gaughan for all further proceedings. Judge Dan Aaron Polster on 4/3/2012. (W,G)
April 3, 2012 Judge Patricia A. Gaughan assigned to case. Judge Dan Aaron Polster terminated. (C,BA)
March 26, 2012 Filing 2 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 Movant Brian A. Bash. (Attachments: #1 Exhibit 1 - Motion to Consolidate, #2 Exhibit 2 - Withdrawal Motion, #3 Exhibit 3 - SDNY Amended Standing Order)(Hutchinson, Joseph)
March 21, 2012 Filing 1 Motion for withdrawal of reference (Bankruptcy) filed by Movant Brian A. Bash. (Attachments: #1 A - Rule 42(a) Motion, #2 B - Motions to Withdraw the Reference, #3 C - SDNY Amended Standing Order & Adelphia Decision, #4 Exhibit D - Proposed Order, #5 USBC Docket Sheet, Adversary Proceedings Case 12-5103, #6 USBC Docket Sheet, Bankruptcy Case 10-50494, #7 Transmittal Letter)(M,TL)
March 20, 2012 Filing 7 Motion 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 Movant Brian A. Bash. (P, S)

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Respondent: DC Investments, LLC
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Respondent: Fair Holdings, Inc.
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Petitioner: Brian A. Bash
Represented By: Michael A. VanNiel
Represented By: Joseph F. Hutchinson, Jr.
Represented By: David F. Proano
Represented By: Kelly S. Burgan
Represented By: Joseph M. Esmont
Represented By: Alexis C. Beachdell
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