TRU Creditor Litigation Trust v. Brandon et al
| TRU Creditor Litigation Trust |
| Joseph Macnow, Nathaniel H. Taylor, Richard Barry, Matthew S. Levin, David A. Brandon, Richard Goodman, Wendy A. Silverstein, Paul E. Raether, Joshua Bekenstein and Michael Short |
| 3:2020cv00311 |
| April 30, 2020 |
| US District Court for the Eastern District of Virginia |
| David J Novak |
| Other Fraud |
| 28 U.S.C. § 1334 |
| None |
Docket Report
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Filing 15
ORDER - This matter comes before the Court upon transfer from the United States District Court for the Southern District of New York (ECF No. 12). The transferor court ordered that this action be transferred to this Court for anticipated referral to Judge Phillips of the Bankruptcy Court for the Eastern District of Virginia, Richmond Division. (ECF No. 11.) Plaintiffs Complaint relates to Chapter 11 bankruptcy proceedings jointly administered under Case No. 17-34665 and presided over by United States Bankruptcy Judge Keith L. Phillips. By this Courts standing order issued on August 15, 1984, the Court automatically refers all bankruptcy matters to the Bankruptcy Court. Accordingly, pursuant to 28 U.S.C. 157(a) and the Courts standing order, it is hereby ORDERED that this case be referred to United States Bankruptcy Judge Keith L. Phillips for all further proceedings. Signed by District Judge David J. Novak on 05/05/2020. (tjoh, )
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Filing 14
NOTICE of Appearance by James Christopher Cosby on behalf of Richard Barry, Joshua Bekenstein, David A. Brandon, Richard Goodman, Matthew S. Levin, Joseph Macnow, Paul E. Raether, Michael Short, Wendy A. Silverstein, Nathaniel H. Taylor (Cosby, James)
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Filing 13
NOTICE of Appearance by John Brandon Sieg on behalf of Richard Barry, Joshua Bekenstein, David A. Brandon, Richard Goodman, Matthew S. Levin, Joseph Macnow, Paul E. Raether, Michael Short, Wendy A. Silverstein, Nathaniel H. Taylor (Sieg, John)
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Filing 12
Case transferred in from District of New York Southern; Case Number 1:20-cv-03054. Original file and docket sheet received.
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CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of Virginia.(js) [Transferred from New York Southern on 4/30/2020.]
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Filing 11
ORDER GRANTING #3 MOTION TO TRANSFER CASE: Accordingly, and for good cause shown, the Court GRANTS Defendants motion to transfer and TRANSFERS this action to the United States District Court for the Eastern District of Virginia, for anticipated referral to Judge Phillips of the Bankruptcy Court for the Eastern District of Virginia, Richmond Division. The Clerk of the Court is DIRECTED to transfer this proceeding to the United States District Court for the Eastern District of Virginia. IT IS SO ORDERED. (Signed by Judge Victor Marrero on 4/23/2020) (js) Transmission to Office of the Clerk of Court for processing. Modified on 4/24/2020 (js). [Transferred from New York Southern on 4/30/2020.]
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Filing 10
RESPONSE to Motion re: #3 MOTION to Transfer Case . . Document filed by TRU Creditor Litigation Trust..(Scarola, Richard) [Transferred from New York Southern on 4/30/2020.]
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Filing 9
ORDER granting #8 Letter Motion for Extension of Time. The request for extension is granted. So Ordered. (Signed by Judge Victor Marrero on 4/21/2020) (js) [Transferred from New York Southern on 4/30/2020.]
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Filing 8
LETTER MOTION for Extension of Time to file letter under Rule II.B.1 addressed to Judge Victor Marrero from Robert I. Bodian dated April 20, 2020. Document filed by Richard Barry, Joshua Bekenstein, David A. Brandon, Richard Goodman, Matthew S. Levin, Joseph Macnow, Paul E. Raether, Michael Short, Wendy A. Silverstein, Nathaniel H. Taylor..(Bodian, Robert) [Transferred from New York Southern on 4/30/2020.]
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Filing 7
MEMO ENDORSEMENT with respect to #3 Motion to Transfer Case. ENDORSEMENT: Plaintiff is directed to respond to Defendants' Motion to Transfer within five days by letter not to exceed three pages. So Ordered. (Signed by Judge Victor Marrero on 4/17/2020) (js) [Transferred from New York Southern on 4/30/2020.]
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Filing 6
CERTIFICATE OF SERVICE of Defendants' Notice of Removal served on Richard Scarola of Scarola, Zubatov, Schaffzin, PLLC 1700 Broadway, NY, NY 10019 on April 16, 2020. Service was made by Mail. Document filed by Richard Barry, Joshua Bekenstein, David A. Brandon, Richard Goodman, Matthew S. Levin, Joseph Macnow, Paul E. Raether, Michael Short, Wendy A. Silverstein, Nathaniel H. Taylor..(Bodian, Robert) [Transferred from New York Southern on 4/30/2020.]
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Filing 5
DECLARATION of Scott A. Rader in Support re: #3 MOTION to Transfer Case .. Document filed by Richard Barry, Joshua Bekenstein, David A. Brandon, Richard Goodman, Matthew S. Levin, Joseph Macnow, Paul E. Raether, Michael Short, Wendy A. Silverstein, Nathaniel H. Taylor. (Attachments: #1 Exhibit TRU Creditor Litigation Trust v. Brandon et al., New York State Court Complaint, #2 Exhibit Bankruptcy Dkt. No. 192, #3 Exhibit Bankruptcy Dkt. No. 1184, #4 Exhibit Bankruptcy Dkt. No. 0063, #5 Exhibit Bankruptcy Dkt. No. 2050, #6 Exhibit Bankruptcy Dkt. No. 4083, #7 Exhibit Bankruptcy Dkt. No. 5979, #8 Exhibit Bankruptcy Dkt. No. 749, #9 Exhibit Bankruptcy Dkt. 708, #10 Exhibit Memorandum Opinion, In re Patriot Coal Corp., April 25, 2016).(Rader, Scott) [Transferred from New York Southern on 4/30/2020.]
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Filing 4
MEMORANDUM OF LAW in Support re: #3 MOTION to Transfer Case . . Document filed by Richard Barry, Joshua Bekenstein, David A. Brandon, Richard Goodman, Matthew S. Levin, Joseph Macnow, Paul E. Raether, Michael Short, Wendy A. Silverstein, Nathaniel H. Taylor..(Bodian, Robert) [Transferred from New York Southern on 4/30/2020.]
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Filing 3
MOTION to Transfer Case . Document filed by Richard Barry, Joshua Bekenstein, David A. Brandon, Richard Goodman, Matthew S. Levin, Joseph Macnow, Paul E. Raether, Michael Short, Wendy A. Silverstein, Nathaniel H. Taylor..(Bodian, Robert) [Transferred from New York Southern on 4/30/2020.]
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Victor Marrero. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pne) [Transferred from New York Southern on 4/30/2020.]
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Case Designated ECF. (pne) [Transferred from New York Southern on 4/30/2020.]
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Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne) [Transferred from New York Southern on 4/30/2020.]
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Filing 2
CIVIL COVER SHEET filed..(Bodian, Robert) [Transferred from New York Southern on 4/30/2020.]
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Filing 1
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 651637/2020. (Filing Fee $ 400.00, Receipt Number ANYSDC-19456588).Document filed by Michael Short, Matthew S. Levin, Joseph Macnow, Richard Barry, David A. Brandon, Nathaniel H. Taylor, Paul E. Raether, Wendy A. Silverstein, Joshua Bekenstein, Richard Goodman. (Attachments: #1 Exhibit New York State Court Action Docket Entries).(Bodian, Robert) [Transferred from New York Southern on 4/30/2020.]
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