Textron Financial Corporation et al v. Bash
Petitioner: Fortress Credit Corp. and Textron Financial Corporation
Respondent: Brian A. Bash
Case Number: 5:2012mc00036
Filed: March 20, 2012
Court: US District Court for the Northern District of Ohio
Office: Akron Office
County: Allen
Presiding Judge: Patricia A Gaughan
Nature of Suit: Other
Docket Report

This docket was last retrieved on April 20, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 20, 2012 Civil case 5:12cv987-PAG has been opened. (B,R)
April 20, 2012 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).
April 20, 2012 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).
April 20, 2012 Filing 23 Appendix of Unreported Cases filed by Fortress Credit Corp.. Related document(s) #22 . (Coleman, Deborah)
April 20, 2012 Filing 22 Motion to dismiss the First Amended Complaint filed by Movant Fortress Credit Corp.. (Attachments: #1 Brief in Support)(Coleman, Deborah)
April 20, 2012 Filing 21 Corporate Disclosure Statement identifying Corporate Parent Fortress Investment Group LLC for Fortress Credit Corp. filed by Fortress Credit Corp.. (Coleman, Deborah)
April 20, 2012 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)
April 20, 2012 Opinion or Order 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)
April 16, 2012 Opinion or Order 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)
April 16, 2012 Opinion or Order 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)
April 16, 2012 Opinion or Order 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)
April 13, 2012 Opinion or Order 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)
April 13, 2012 Opinion or Order 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)
April 13, 2012 Opinion or Order 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)
April 13, 2012 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)
April 13, 2012 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)
April 13, 2012 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)
April 13, 2012 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).
April 13, 2012 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).
April 13, 2012 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).
April 12, 2012 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).
April 12, 2012 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)
April 12, 2012 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)
April 12, 2012 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)
April 6, 2012 Filing 8 Response to #2 Motion for withdrawal of reference (Bankruptcy) filed by Textron Financial Corporation. (Lindsmith, Quintin)
April 5, 2012 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)
April 5, 2012 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)
April 5, 2012 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)
April 3, 2012 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).
April 3, 2012 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).
March 26, 2012 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)
March 22, 2012 Opinion or Order 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).
March 22, 2012 Judge Patricia A. Gaughan assigned to case. Judge Christopher A. Boyko terminated. (C,BA)
March 21, 2012 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)
March 21, 2012 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)
March 20, 2012 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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Petitioner: Fortress Credit Corp.
Represented By: Daniel A. DeMarco
Represented By: John G. Hutchinson
Represented By: Deborah A. Coleman
Represented By: Lee S. Attanasio
Represented By: Benjamin R. Nagin
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Petitioner: Textron Financial Corporation
Represented By: Brian M. Lutz
Represented By: Lee G. Dunst
Represented By: Quintin F. Lindsmith
Represented By: Mitchell A. Karlan
Represented By: Kenneth Craig Johnson
Represented By: James P. Schuck
Represented By: Laura M. Zaremski
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Respondent: Brian A. Bash
Represented By: Michael A. VanNiel
Represented By: Joseph F. Hutchinson, Jr.
Represented By: Kelly S. Burgan
Represented By: Joseph M. Esmont
Represented By: Alexis C. Beachdell
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