Schwab Industries, Inc. v. Huntington National Bank et al
| Schwab Industries, Inc. |
| Hahn Loeser & Parks and Huntington National Bank |
| 5:2015cv02098 |
| October 8, 2015 |
| US District Court for the Northern District of Ohio |
| Akron Office |
| Stark |
| Sara Lioi |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 0158 |
| None |
Docket Report
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| Document Text |
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| Filing 19 True copy of mandate from the USCA for the Sixth Circuit: Affirming the District Court's order re #17 Notice of Appeal (USCA# 16-3790). Date issued as mandate 3/8/17, Costs: None (H,SP) |
| Acknowledgment from the USCA for Sixth Circuit of receipt of #17 Notice of Appeal (USCA# 16-3790). Date filed in USCA 7/15/16. (H,SP) |
| Filing 17 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #10 Order of 10/27/15, #15 Memorandum Opinion and #16 Judgment Entry of 6/24/16, filed by Schwab Industries, Inc.. (Filing fee of $505 paid, receipt number 0647-7708126) (Greenwell, Matthew). Modified text on 7/13/2016 (H,SP). |
| Filing 16 Judgment Entry: For the reasons set forth in the contemporaneously filed Memorandum Opinion, because this Court lacks jurisdiction over this untimely appeal, it is dismissed. Case closed. Judge Sara Lioi on 6/24/2016. (S,He) |
| Filing 15 Memorandum Opinion: Before the Court are motions to dismiss filed separately by appellees Hahn, Loeser & Parks, LLP, Lawrence E. Oscar, and Andrew Krause (Doc. No. #5 ) and by appellee Huntington National Bank (Doc. No. #7 .) Appellant filed a combined brief in opposition. (Doc. No. #11 .) The appellees filed their separate reply briefs. (Doc. Nos. #12 and #13 , respectively.) Because the notice of appeal was not timely filed, this Court lacks jurisdiction. Therefore, the two motions to dismiss are granted. Judge Sara Lioi on 6/24/2016. (S,He) |
| Filing 14 Notice of Withdrawal of Karen E. Swanson Haan as Counsel for Hahn, Loeser & Parks LLP, Andrew Krause and Lawrence E. Oscar filed by Hahn Loeser & Parks. (VanNiel, Michael) |
| Filing 13 Reply in support of #7 Motion to dismiss Appeal filed by Huntington National Bank. (Nicoll, Andrew) |
| Filing 12 Reply in support of #5 Motion to dismiss untimely appeal filed by Hahn Loeser & Parks. (Warren, Daniel) |
| Filing 11 Opposition to #5 Motion to dismiss untimely appeal, #7 Motion to dismiss Appeal filed by Schwab Industries, Inc.. (Greenwell, Matthew) |
Filing 10
Order: Appellant's Leave Motion (Doc. No. #1 -3) is denied as moot. To be clear, the notice of appeal filed in the bankruptcy court on October 7, 2015 was not interlocutory. The following schedule shall now control: appellant's opposition to the motions to dismiss shall be due no later than November 20, 2015; appellees' replies shall be due no later than December 4, 2015. Further, the Briefing Motion (Doc. No. #4 ) is denied, and all other briefing is suspended until further order of the Court. Judge Sara Lioi on 10/27/2015.(P,J) Modified on 10/28/2015 to link to motions to dismiss. (D,S).
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| Filing 9 Corporate Disclosure Statement identifying Corporate Parent Huntington Bancshares Incorporated for Huntington National Bank filed by Huntington National Bank. (Nicoll, Andrew) |
| Filing 8 Response to Motion for leave to appeal filed by Huntington National Bank. Related document #4 . (Nicoll, Andrew) Modified text on 10/28/2015 (H,KR). |
| Filing 7 Motion to dismiss Appeal filed by Appellee Huntington National Bank. (Attachments: #1 Appendix of Statutes and Rules, #2 Exhibit A - Huntington Remand Denial, #3 Exhibit B - Memo re Huntington Remand Denial, #4 Exhibit C - Hahn Loeser Remand Denial, #5 Exhibit D - Consolidation Order, #6 Exhibit E - Denial of Leave to Appeal in Huntington Adversary, #7 Exhibit F - Judgment re Denial of Leave to Appeal in Huntington Adversary, #8 Exhibit G - Denial of Leave to Appeal in Hahn Loeser Adversary, #9 Exhibit H - Judgment re Denial of Leave to Appeal in Hahn Loeser Adversary, #10 Exhibit I - Dismissal Order, #11 Exhibit J - Memo re Dismissal Order, #12 Exhibit K - Declaration of Andrew S Nicoll)(Nicoll, Andrew) Modified duplicate exhibit text on 10/28/2015 (H,KR). |
| Filing 6 Brief in Opposition to Motion for leave to appeal filed by Hahn Loeser & Parks. Related document #4 . (Warren, Daniel) Modified text on 10/28/2015 (H,KR). |
| Filing 5 Motion to dismiss untimely appeal filed by Appellee Hahn Loeser & Parks. Related document(s) #1 . (Attachments: #1 Exhibit A - September 20, 2012 Opinion, #2 Exhibit B - January 22, 2014 Opinion, #3 Exhibit C - September 15, 2014 Opinion, #4 Exhibit D - October 24, 2014 Opinion, #5 Exhibit E - May 20, 2015 Opinion, #6 Exhibit F - September 21, 2015 Opinion)(Warren, Daniel) Modified text on 10/28/2015 (H,KR). |
| Filing 4 Motion for Order Resetting Briefing Schedule filed by Appellant Schwab Industries, Inc.. (Greenwell, Matthew) |
| Filing 3 Initial Standing Order. Judge Sara Lioi on 10/8/2015. (P,J) |
| Filing 2 Administrative Track DCM Initial Order. Chief Judge Solomon Oliver, Jr. (M,TL) |
| Filing 1 Appeal from Bankruptcy Court of Order dated 9/21/15, filed by Schwab Industries, Inc. (Attachments: #1 USBC Order #85, #2 USBC Order #37, #3 USBC Motion for Leave to Appeal, #4 USBC Written Statement of Election, #5 USBC Docket Sheet) (M,TL) |
| Judge Sara Lioi assigned to case. (M,TL) |
| Notice [non-document] to the parties that an appeal from the order of U.S. Bankruptcy Judge Russ Kendig, U.S. Bankruptcy Case No. 14-6024, has been filed with the U.S. District Court. All further correspondence and filings relating to the appeal should bear the civil action number of the U.S. District Court. (M,TL) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Kathleen B. Burke. (M,TL) |
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