York County v. Appaloosa Management, LP et al
| York County |
| Appaloosa Management, LP, DT Sports Holding, LLC, Tepper Sports Holding, Inc. and Rock Hill, The City of |
| 0:2022cv02380 |
| July 22, 2022 |
| US District Court for the District of South Carolina |
| Cameron McGowan Currie |
| Contract: Other |
| 28 U.S.C. § 1452 Removal of Claim in Civil Action Related to BK. Case |
| Both |
Docket Report
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| Document Text |
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| Filing 21 TEXT ORDER granting #17 Consent MOTION for Extension of Time to File Response/Reply as to #6 MOTION to Dismiss. (Response to Motion due 7 days after the court's ruling on transfer of venue) Signed by Honorable Cameron McGowan Currie on 9/7/2022. (cbru, ) |
| Filing 20 DELETION OF DOCKET ENTRY NUMBER 18. Reason: Multiple deficiencies. Corrected Filing Document Number #19 . Modified filing date to that of original filing: 9/06/2022. Response due date modified to that of original filing: N/A. (cbru, ) |
| Filing 19 REPLY by Rock Hill, The City of to #15 Order. (Attachments: #1 Exhibit A, Part 1 - City's Venue Transfer Motion, #2 Exhibit A, Part 2 - City's Venue Transfer Motion, #3 Exhibit A, Part 3 - City's Venue Transfer Motion, #4 Exhibit A, Part 4 - City's Venue Transfer Motion, #5 Exhibit A, Part 5 - City's Venue Transfer Motion)(White, William) Modified to edit filing date and text on 9/7/2022 (cbru, ). |
| Filing 17 Consent MOTION for Extension of Time to File Response/Reply as to #6 MOTION to Dismiss by York County. Response to Motion due by 9/20/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Lay, John) |
| Filing 16 REPLY by York County to #15 Order. (Attachments: #1 Exhibit A (Part One) - Doc 336 City of Rock Hill's Motion to Transfer Venue to the United States District Court for the District of South Carolina, #2 Exhibit A (Part Two) - Doc 336 City of Rock Hill's Motion to Transfer Venue to the United States District Court for the District of South Carolina, #3 Exhibit A (Part Three) - Doc 336 City of Rock Hill's Motion to Transfer Venue to the United States District Court for the District of South Carolina, #4 Exhibit A (Part Four) - Doc 336 City of Rock Hill's Motion to Transfer Venue to the United States District Court for the District of South Carolina, #5 Exhibit A (Part Five) - Doc 336 City of Rock Hill's Motion to Transfer Venue to the United States District Court for the District of South Carolina (Crapps, Jordan) Modified to edit text on 9/7/2022 (cbru, ). |
Filing 15
ORDER denying #14 MOTION to Remand to State Court. (Positions on Transfer of Venue due by 9/6/2022) Signed by Honorable Cameron McGowan Currie on 8/24/2022. (cbru, )
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| Filing 14 MOTION to Remand to State Court, MOTION to Abstain from Exercising Subject Matter Jurisdiction and Remand by York County. Response to Motion due by 9/6/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support)No proposed order.(Crapps, Jordan) Modified to correct motion relief on 8/23/2022 (cbru, ). Added additional motion relief on 8/24/2022 (cbru, ). |
| Filing 13 TEXT ORDER granting #12 Motion for Extension of Time to File Response/Reply as to #6 MOTION to Dismiss. (Response to Motion due 14 days after the court's jurisdictional ruling) Signed by Honorable Cameron McGowan Currie on 8/11/2022.(cbru, ) |
| Filing 12 MOTION for Extension of Time to File Response/Reply as to #6 MOTION to Dismiss by York County. Response to Motion due by 8/24/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Crapps, Jordan) Modified to link correct event to associated event on 8/11/2022 (cbru, ). |
| Filing 11 Local Rule 26.01 Answers to Interrogatories by York County.(Crapps, Jordan) |
| Filing 9 CLERK'S NOTICE: Plaintiff is reminded that Answers to Local Rule 26.01 Interrogatories are to be filed no later than 14 days after service of the notice of removal. Please file these answers to interrogatories no later than August 23, 2022. (cbru, ) |
| Filing 8 REPLY by York County to #7 Supplement,,,, Memo in Opposition to City of Rock Hill's Subject Matter Jurisdiction. (Crapps, Jordan) |
| Filing 7 SUPPLEMENT by Rock Hill, The City of to #1 Notice of Removal. (Attachments: #1 Exhibit A, Part 1 - Rezoning Ordinance, #2 Exhibit A, Part 2 - Rezoning Ordinance, #3 Exhibit B-1 - Ordinance Number M-2019-25, #4 Exhibit B-2 - Ordinance Number 2020-1220, #5 Exhibit B-3 - Ordinance Number 2020-1120, #6 Exhibit B-4 - Ordinance Number 2020-29, #7 Exhibit B-5 - Ordinance Number 2020-12, #8 Exhibit C - Dedication Agreement, #9 Exhibit D, Part 1 - Land Development Agreement, #10 Exhibit D, Part 2 - Land Development Agreement, #11 Exhibit E - Finance and Construction Administration Agreement, #12 Exhibit F - Fee in Lieu of Tax and Incentive Agreement, #13 Exhibit G - Interlocal Agreement, #14 Exhibit H - GTRE Notices, #15 Exhibit I - City's April 29, 2022 Notice of Default, #16 Exhibit J - Lis Pendens, #17 Exhibit K - Docket Sheet for C.A. No. 22-LP-4600220, #18 Exhibit L - State Court Complaint, #19 Exhibit M - City's Acceptance of Service, #20 Exhibit N - Schedules Excerpts, #21 Exhibit O - Verified Complaint)(White, William) Modified to edit text on 8/9/2022 (cbru, ). |
| Filing 6 MOTION to Dismiss by Rock Hill, The City of. Response to Motion due by 8/12/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Affidavit of Anne Harty, #2 Exhibit A-1 - Fee in Lieu of Tax and Incentive Agreement, #3 Exhibit A-2 - Interlocal Agreement, #4 Exhibit A-3 - Dedication Agreement, #5 Exhibit A-4 - Land Development Agreement, #6 Exhibit A-5 - Finance and Construction Administration Agreement, #7 Exhibit A-6 - MCIP - Joint County Industrial - Business Park Agreement, #8 Exhibit A-7 - Letter Notice of Default)No proposed order.(White, William) Modified to edit text on 8/1/2022 (cbru, ). |
| Filing 5 TEXT ORDER:The City of Rock Hill has removed Count Five of Case Number 2022CP4601756 ("the South Carolina State Court Action") to this court. The court must determine whether it has jurisdiction over Count 5 of the South Carolina State Court Action. The Notice of Removal relies on sections 1452 and 1334 of Title 28, United States Code, and in particular section 1334(b). Section 1334(b) provides, in pertinent part, that a district court's jurisdiction extends to those civil proceedings that "arise under," "arise in," or are "related to" a case filed under the Bankruptcy Code. The City of Rock Hill contends that Count 5 of the South Carolina State Court Action is a core proceeding "arising under" or "arising in" the Bankruptcy Court's jurisdiction within the meaning of section 157(b)(1) and (2) of Title 28. Alternatively, it argues the count is "related to" the Bankruptcy case. Accordingly, the City of Rock Hill is directed to brief the jurisdictional issue of whether Count 5 of the South Carolina State Court Action is a core proceeding or, alternatively, is related to the Bankruptcy case in a memorandum filed no later than August 3, 2022. Plaintiff may file a Response no later than August 8, 2022. (Jurisdictional Memo due by 8/3/2022, Response due by 8/8/2022) Signed by Honorable Cameron McGowan Currie on 7/26/2022. (cbru, ) |
| Filing 2 Local Rule 26.01 Answers to Interrogatories by Rock Hill, The City of.(cbru, ) (Main Document 2 replaced on 7/25/2022) (cbru, ). |
| Filing 1 NOTICE OF REMOVAL from York County Court of Common Pleas, case number 2022-CP-46-01756 (Filing fee $402 receipt number ASCDC-10606863) filed by Rock Hill, The City of. (Attachments: #1 Exhibit A - Summons and Complaint from State Court Action, #2 Exhibit B - Acceptance of Service, #3 Exhibit C - All process and pleadings filed in state court case)(cbru, ) (Main Document 1 replaced on 7/25/2022) (cbru, ). (Attachment 3 replaced on 7/25/2022) (cbru, ). Supplement filed as entry #7 on 8/3/2022 (asni, ). Modified to edit text on 8/9/2022 (cbru, ). |
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