Highland Capital Management LP et al v. Phelan
| Case Admin Support, Stacey G Jernigan and Joshua N Terry |
| Highland CLO Funding Ltd, Highland Capital Management LP and Neutra Ltd |
| Robin E Phelan |
| Acis Capital Management LP |
| US Bank National Association |
| 3:2019cv00291 |
| February 5, 2019 |
| US District Court for the Northern District of Texas |
| Sidney A Fitzwater |
| Bankruptcy: Appeal 28 USC 158 |
| 28 U.S.C. § 0158 |
| None |
Docket Report
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Filing 66
BANKRUPTCY APPEAL ORAL ARGUMENT CALENDAR. Oral argument set for 5/9/2019 02:00 PM in US Courthouse, Courtroom 1525, 1100 Commerce St., Dallas, TX 75242-1310 before Senior Judge Sidney A Fitzwater. (Ordered by Senior Judge Sidney A Fitzwater on 4/3/2019)(Senior Judge Sidney A Fitzwater)
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| Filing 65 Appellant's BRIEF by Highland Capital Management LP, Neutra Ltd. (O'Neil, Holland) |
| Filing 64 Appellant's BRIEF by Highland CLO Funding Ltd. (Parrish, Ashley) |
| Filing 63 (Document Restricted) Sealed Supplemental Record filed by Highland Capital Management LP, Neutra Ltd. (Attachments: #1 Exhibit(s) Supp. R. 1-56, #2 Exhibit(s) Supp. R. 57-233, #3 Exhibit(s) Supp. R. 234-746, #4 Exhibit(s) Supp. R. 747-758, #5 Exhibit(s) Supp. R. 759-777, #6 Exhibit(s) Supp. R. 778-780, #7 Exhibit(s) Supp. R. 781-795, #8 Exhibit(s) Supp. R. 796-845, #9 Exhibit(s) Supp. R. 846-859) (zkc) |
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Filing 62
ORDER granting #61 Motion of Appellants to Accept Sealed Documents filed by Highland Capital Management LP, Neutra Ltd. (Clerk to enter the sealed and/or ex parte document as of the date of this order.) (Ordered by Senior Judge Sidney A Fitzwater on 3/20/2019) (Senior Judge Sidney A Fitzwater)
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| Filing 61 (Document Restricted) Motion of Appellants to Accept Sealed Documents (Sealed pursuant to motion to seal) filed by Highland Capital Management LP, Neutra Ltd (Attachments: #1 Proposed Order, #2 Exhibit(s) Exhibit A - Appendix, #3 Exhibit(s) Supp. R. 1-56, #4 Exhibit(s) Supp. R. 57-233, #5 Exhibit(s) Supp. R. 234-746, #6 Exhibit(s) Supp. R. 747-758, #7 Exhibit(s) Supp. R. 759-777, #8 Exhibit(s) Supp. R. 778-780, #9 Exhibit(s) Supp. R. 781-795, #10 Exhibit(s) Supp. R. 796-845, #11 Exhibit(s) Supp. R. 846-859) (Binford, Jason) |
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Filing 60
ELECTRONIC ORDER granting #58 Application for Admission Pro Hac Vice of W. Austin Jowers. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Senior Judge Sidney A Fitzwater on 3/19/2019) (Senior Judge Sidney A Fitzwater)
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Filing 59
ELECTRONIC ORDER granting #57 Application for Admission Pro Hac Vice of Ashley C. Parrish. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Senior Judge Sidney A Fitzwater on 3/19/2019) (Senior Judge Sidney A Fitzwater)
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| Filing 58 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-9857889) filed by Highland CLO Funding Ltd (Attachments: #1 Additional Page(s)) (Jowers, William) |
| Filing 57 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Ashley C. Parrish (Filing fee $25; Receipt number 0539-9857764) filed by Highland CLO Funding Ltd (Attachments: #1 Additional Page(s) List of Admitted Courts, #2 Exhibit(s) Certificate of Good Standing, #3 Proposed Order) (Matsumura, Rebecca) |
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Filing 56
ORDER: William Austin Jowers, Esquire and Ruben A. Garcia, Esquire, whose names appear on a pleading in this case, are not members of the Bar of the Northern District of Texas. Within 14 days of the date of this order, Counsel shall either (1) provide to the court, and to the clerk of court, satisfactory documentation of membership or (2) apply for membership in the Bar of this court or for admission pro hac vice for this case. (Ordered by Senior Judge Sidney A Fitzwater on 3/13/2019) (zkc)
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Filing 55
ELECTRONIC ORDER granting #54 Application for Admission Pro Hac Vice of Arlene R. Alves. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Senior Judge Sidney A Fitzwater on 3/4/2019) (Senior Judge Sidney A Fitzwater)
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| Filing 54 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Arlene R. Alves (Filing fee $25; Receipt number 0539-9821156) filed by US Bank National Association (Attachments: #1 Proposed Order, #2 Exhibit(s)) (Novakov, Daniel) |
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Filing 53
ELECTRONIC ORDER granting #52 Application for Admission Pro Hac Vice of Mark D. Kotwick. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Senior Judge Sidney A Fitzwater on 3/4/2019) (Senior Judge Sidney A Fitzwater)
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| Filing 52 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Mark D. Kotwick (Filing fee $25; Receipt number 0539-9819926) filed by US Bank National Association (Attachments: #1 Proposed Order, #2 Exhibit(s)) (Novakov, Daniel) |
| Filing 51 DISREGARD - APPLICANT WILL REFILE -- Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Arlene R. Alves (Filing fee $25; Receipt number 0539-9819865) filed by US Bank National Association (Attachments: #1 Proposed Order, #2 Exhibit(s)) (Novakov, Daniel) Modified per Attorney on 3/4/2019 (dsr). |
| Filing 50 NOTICE of Attorney Appearance by Daniel P Novakov on behalf of U.S. Bank national Association, as CLO Trustee. (Filer confirms contact info in ECF is current.) (Novakov, Daniel) |
| Filing 49 Joint Record on Appeal (Vols 81-90 of 90) Main Document Vol 81 (80666-81719) (Attachments: #1 Vol 82 (81720-82817), #2 Vol 83 (82818-84187), #3 Vol 84 (84188-85394), #4 Vol 85 (85395-86270), #5 Vol 86 (86271-87353), #6 Vol 87 (87354-88542), #7 Vol 88 (88543-89631), #8 Vol 89 (89632-90588), #9 Vol 90 (90589-92316)) (ewd) |
| Filing 48 Joint Record on Appeal (Vols 71-80 of 90) Main Document Vol 71 (72289-72868) (Attachments: #1 Vol 72 (72869-73081), #2 Vol 73 (73082-73854), #3 Vol 74 (73855-74454), #4 Vol 75 (74455-75495), #5 Vol 76 (75497-76637), #6 Vol 77 (76638-76762), #7 Vol 77-1 (76763-77671), #8 Vol 78 (77672-78589), #9 Vol 79 (78590-77690), #10 Vol 80 (79691-80665)) (ewd) |
| Filing 47 Joint Record on Appeal (Vols 61-70 of 90) Main Document Vol 61 (62624-63560) (Attachments: #1 Vol 62 (63561-65128), #2 Vol 63 (65129-66179), #3 Vol 64 (66180-67437), #4 Vol 65 (67438-68637), #5 Vol 66 (68638-69843), #6 Vol 67 (69844-70729), #7 Vol 68 (70730-71424), #8 Vol 69 (71425-72184), #9 Vol 70 (72185-72288)) (ewd) |
| Filing 46 Joint Record on Appeal (Vols 51-60 of 90) Main Document Vol 51 (51881-52840) (Attachments: #1 Vol 52 (52841-53397), #2 Vol 53 (53398-55027), #3 Vol 54 (55028-56593), #4 Vol 55 (56594-58231), #5 Vol 56 (58232-59001), #6 Vol 57 (59002-59943), #7 Vol 58 (59944-60711), #8 Vol 59 (60712-61631), #9 Vol 60 (61632-62623)) (ewd) |
| Filing 45 Joint Record on Appeal (Vols 41-50 of 90) Main Document Vol 41 (40900-42185) (Attachments: #1 Vol 42 (42186-42940), #2 Vol 43 (42941-43869), #3 Vol 44 (43870-44902), #4 Vol 45 (44903-45976), #5 Vol 46 (45977-47627), #6 Vol 47 (47628-49212), #7 Vol 48 (49213-50014), #8 Vol 49 (50015-50972), #9 Vol 50 (50973-51880)) (ewd) |
| Filing 44 Joint Record on Appeal (Vols 31-40 of 90) Main Document Vol 31 (31541-32515) (Attachments: #1 Vol 32 (32516-33451), #2 Vol 33 (33452-34155), #3 Vol 34 (34156-35398), #4 Vol 35 (35399-36483), #5 Vol 36 (36484-37139), #6 Vol 37 (37140-37833), #7 Vol 38 (37834-38768), #8 Vol 39 (38769-39801), #9 Vol 40 (39802-40899)) (ewd) |
| Filing 43 Joint Record on Appeal (Vols 21-30 of 90) Main Document Vol 21(19072-19352) (Attachments: #1 Vol 22 (19353-20259), #2 Vol 23 (20260-21728), #3 Vol 24 (21729-23499), #4 Vol 25 (23500-26234), #5 Vol 26 (26235-27407), #6 Vol 27 (27408-28417), #7 Vol 28 (28418-29262), #8 Vol 29 (29263-30281), #9 Vol 30 (30282-31540)) (ewd) |
| Filing 42 Joint Record on Appeal (Vols 11-20 of 90) Main Document Vol 11 (8877-9901) (Attachments: #1 Vol 12 (9902-10840), #2 Vol 13 (10841-11971), #3 Vol 14 (11972-12962), #4 Vol 15 (12963-14100), #5 Vol 16 (14101-14778), #6 Vol 17 (14779-15727), #7 Vol 18 (15728-16815), #8 Vol 19 (16816-17906), #9 Vol 20 (17907-19071)) (ewd) |
| Filing 41 Joint Record on Appeal (Vols 1-10 of 90) (Attachments: #1 Vol 1 (1-916), #2 Vol 2 (917-1537), #3 Vol 3 (1538-2269), #4 Vol 4 (2270-2904), #5 Vol 5 (2905-3552), #6 Vol 6 (3553-4302), #7 Vol 7 (4303-5652), #8 Vol 8 (5653-6768), #9 Vol 9 (6769-7310), #10 Vol 10 (7311-8876)) (ewd) |
| Filing 40 Notice of Manual Filing - Flash drive contacting a copy of the Joint Record on Appeal received. Clerk to upload record on appeal. (ewd) |
| Filing 39 Notice of Filing of Official Electronic Transcript of Oral Argument Proceedings held on 2/12/2019 before Judge Sidney Fitzwater. Court Reporter/Transcriber Pamela Wilson, Telephone number 214.662.1557. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If redaction of personal identifiers under MO 61 is necessary, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (53 pages) Redaction Request due 3/8/2019. Redacted Transcript Deadline set for 3/18/2019. Release of Transcript Restriction set for 5/16/2019. (pjw) |
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Filing 38
ORDER denying #16 Emergency MOTION to Stay Pending Appeal filed by Highland CLO Funding Ltd, Highland Capital Management LP, Neutra Ltd; and denying #20 Emergency MOTION to Stay Pending Appeal filed by Neutra Ltd. (Ordered by Senior Judge Sidney A Fitzwater on 2/13/2019) (Senior Judge Sidney A Fitzwater)
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Filing 37
ORDER re BRIEFING and ORAL ARGUMENT. Appellant Brief due by 3/20/2019. Appellee Brief due by 4/18/2019. Reply Brief due by 5/2/2019. Oral Argument set for 5/9/2019 01:30 PM in US Courthouse, Courtroom 1310, 1100 Commerce St., Dallas, TX 75242-1310 before Senior Judge Sidney A Fitzwater. (Ordered by Senior Judge Sidney A Fitzwater on 2/12/2019) (Senior Judge Sidney A Fitzwater)
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| Filing 36 ELECTRONIC Minute Entry for proceedings held before Senior Judge Sidney A Fitzwater: Motion Hearing held on 2/12/2019 re #20 Emergency Motion to Stay pending appeal filed by Neutra Ltd, #16 Emergency Motion to Stay pending appeal filed by Highland CLO Funding Ltd, Neutra Ltd, Highland Capital Management LP. Oral argument heard. Taken under advisement. Written order to follow. Attorney Appearances: Plaintiff - Mark Maloney and Holland O'Neil; Defense - Jeff Prostok and Ralchee Patel. (Court Reporter: Pamela Wilson) (No exhibits) Time in Court - :51. (chmb) |
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Filing 35
ELECTRONIC ORDER granting #34 MOTION for Leave to Proceed Without Resident Local Counsel filed by Highland CLO Funding Ltd. The MOTION is granted. (Ordered by Senior Judge Sidney A Fitzwater on 2/12/2019) (Senior Judge Sidney A Fitzwater)
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| Filing 34 MOTION for Leave to Proceed Without Resident Local Counsel filed by Highland CLO Funding Ltd with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Matsumura, Rebecca) |
| Filing 33 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Robin E Phelan. (Chiarello, Annmarie) |
| Filing 32 OBJECTION filed by Robin E Phelan re: #20 Emergency MOTION to Stay Pending Appeal (Patel, Rakhee) |
| Filing 31 RESPONSE AND OBJECTION filed by Robin E Phelan re: #20 Emergency MOTION to Stay Pending Appeal (Patel, Rakhee) |
| Filing 30 RESPONSE AND OBJECTION filed by Joshua N Terry re: #20 Emergency MOTION to Stay Pending Appeal, #16 Emergency MOTION to Stay Pending Appeal (Shaw, Brian) |
| Filing 29 OBJECTION filed by Robin E Phelan re: #18 Affidavit, (Prostok, Jeff) |
| Filing 28 OBJECTION filed by Robin E Phelan re: #21 Affidavit (Prostok, Jeff) |
| Filing 27 Appendix in Support filed by Robin E Phelan re #26 Response/Objection (Attachments: #1 APP. 0001-0844) (Prostok, Jeff) |
| Filing 26 RESPONSE filed by Robin E Phelan re: #16 Emergency MOTION to Stay Pending Appeal (Prostok, Jeff) |
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Filing 25
ELECTRONIC ORDER granting #24 Application for Admission Pro Hac Vice of Mark M. Maloney. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). The court does not suggest that the designated local counsel qualifies under LR 83.10(a) because, under that Rule, local counsel must reside or maintain the attorney's principal office in this district, and the attorney's residence or principal office must be located within 50 miles of the courthouse in the division in which the case is pending. (Ordered by Senior Judge Sidney A Fitzwater on 2/11/2019) (Senior Judge Sidney A Fitzwater)
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| Filing 24 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-9770619) filed by Highland CLO Funding Ltd (Attachments: #1 Exhibit(s) Letter of Good Standing) (Maloney, Mark) |
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Filing 23
ORDER denying email request of counsel for U.S. Bank National Association as CLO Trustee to appear at oral argument telephonically. (Ordered by Senior Judge Sidney A Fitzwater on 2/11/2019) (Senior Judge Sidney A Fitzwater)
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Filing 22
ORDER: Responses due by 2/11/2019 at 5:00 p.m. Hearing on Emergency Motions to Stay Pending Appeal set for 2/12/2019 02:00 PM before Senior Judge Sidney A Fitzwater. No other filings related to the motion may be made without leave of court. Each side shall have 20 minutes to present argument, and appellants may reserve up to 5 of their 20 minutes for rebuttal. (Ordered by Senior Judge Sidney A Fitzwater on 2/8/2019) (zkc)
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| Filing 21 AFFIDAVIT re #20 Emergency MOTION to Stay Pending Appeal Declaration of Holland O'Neil by Neutra Ltd. (O'Neil, Holland) |
| Filing 20 Emergency MOTION to Stay Pending Appeal filed by Neutra Ltd (O'Neil, Holland) |
| Filing 19 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Highland CLO Funding Ltd, Highland Capital Management LP, Neutra Ltd. (O'Neil, Holland) |
| Filing 18 Declaration of Mark M. Maloney in Support of #16 Emergency MOTION to Stay Pending Appeal by Highland CLO Funding Ltd, Highland Capital Management LP, Neutra Ltd. (Attachments: #1 Exhibit) (Bessette, Paul) Modified title on 2/11/2019 (mla). |
| Filing 17 Appendix in Support filed by Highland CLO Funding Ltd, Highland Capital Management LP, Neutra Ltd re #16 Emergency MOTION to Stay Pending Appeal (Bessette, Paul) |
| Filing 16 Emergency MOTION to Stay Pending Appeal filed by Highland CLO Funding Ltd, Highland Capital Management LP, Neutra Ltd with Brief/Memorandum in Support. (Bessette, Paul) |
| Filing 15 NOTICE of Attorney Appearance by Rebecca Teryn Matsumura on behalf of Highland CLO Funding Ltd. (Filer confirms contact info in ECF is current.) (Matsumura, Rebecca) |
| Filing 14 NOTICE of Attorney Appearance by Paul R Bessette on behalf of Highland CLO Funding Ltd. (Filer confirms contact info in ECF is current.) (Bessette, Paul) |
| Filing 13 NOTICE of Attorney Appearance by Rakhee V Patel on behalf of Robin E Phelan. (Filer confirms contact info in ECF is current.) (Patel, Rakhee) |
| Filing 12 NOTICE of Attorney Appearance by Holland Neff O'Neil on behalf of Highland Capital Management LP, Neutra Ltd. (Filer confirms contact info in ECF is current.) (O'Neil, Holland) |
| Filing 11 NOTICE of Attorney Appearance by Suzanne K Rosen on behalf of Robin E Phelan. (Filer confirms contact info in ECF is current.) (Rosen, Suzanne) |
| Filing 10 NOTICE of Attorney Appearance by J Robert Forshey on behalf of Robin E Phelan. (Filer confirms contact info in ECF is current.) (Forshey, J) |
| Filing 9 NOTICE of Attorney Appearance by Jeff P Prostok on behalf of Robin E Phelan. (Filer confirms contact info in ECF is current.) (Prostok, Jeff) |
| Filing 8 NOTICE of Attorney Appearance by Annmarie Antoniette Chiarello on behalf of Robin E Phelan. (Filer confirms contact info in ECF is current.) (Chiarello, Annmarie) |
| Filing 7 NOTICE of Attorney Appearance by Phillip Lewis Lamberson on behalf of Robin E Phelan. (Filer confirms contact info in ECF is current.) (Lamberson, Phillip) |
| Filing 6 NOTICE of Attorney Appearance by Joseph J Wielebinski on behalf of Robin E Phelan. (Filer confirms contact info in ECF is current.) (Wielebinski, Joseph) |
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Filing 5
ELECTRONIC ORDER TRANSFERRING CASE. The above styled and numbered case is TRANSFERRED to the docket of the Honorable Senior Judge Sidney A. Fitzwater before whom a related case with a lower number, viz., 3:18-CV-1056-D, is pending, and shall henceforth carry the suffix letter "D". (Ordered by Judge Ed Kinkeade on 2/7/2019) (chmb)
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Filing 4
ELECTRONIC ORDER granting #3 Unopposed Motion of Appellants to Transfer Appeal. (Ordered by Judge Ed Kinkeade on 2/7/2019) (chmb)
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| Filing 3 Unopposed MOTION of Appellants to Transfer Appeal filed by Highland CLO Funding Ltd, Highland Capital Management LP, Neutra Ltd (Attachments: #1 Proposed Order) (O'Neil, Holland) |
| Filing 2 NOTICE of Related Case filed by Highland CLO Funding Ltd, Highland Capital Management LP, Neutra Ltd (O'Neil, Holland) |
| Filing 1 Pursuant to Fed. R. Bankr. P. 8003(d), the bankruptcy clerk has transmitted the notice of appeal filed in #bankruptcy case number 18-30264 and the notice of appeal has now been docketed in the district court in case 3:19-cv-291. (The filing fee has been paid in the Bankruptcy Court.) Pursuant to #Fed. R. Bankr. P. 8009, before the record on appeal can be assembled and filed in the district court, designations of items to be included in the record on appeal and statements of issues must be filed in the bankruptcy case. If a sealed document is designated, the designating party must file a motion in the district court case for the document to be accepted under seal. See also #District Court Local Bankruptcy Rule 8012.1. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: #Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Notice of appeal and supporting documentation) (Whitaker - TXNB, Sheniqua) |
| New Case Notes: A filing fee has been paid. (zkc) |
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