New York Southern District Court
Judge:William H Pauley, III
Case #: 1:17-cv-03762
Nature of Suit422 Bankruptcy - Appeal 28 USC 158
Cause28:0158 Notice of Appeal re Bankruptcy Matter (BA
Case Filed:May 18, 2017
Terminated:Mar 23, 2018

Debtor
Lehman Brothers Holdings Inc.

,
Debtor
Lehman Brothers Inc.

,
Last checked: Tuesday Nov 14, 2017 4:27 AM EST
Appellant
General Ore International Corporation Limited
Represented By
Vincent J. Roldan
Vandenberg & Feliu
contact info
David Daniel Farrell
Thompson Coburn Llp (st. Louis)
contact info
Appellant
Janice K. Moss
Represented By
Vincent J. Roldan
Vandenberg & Feliu
contact info
David Daniel Farrell
Thompson Coburn Llp (st. Louis)
contact info
Appellant
Neu Foundation of California
Represented By
Vincent J. Roldan
Vandenberg & Feliu
contact info
David Daniel Farrell
Thompson Coburn Llp (st. Louis)
contact info
Appellant
Neu Holdings U.S. Corporation
Represented By
Vincent J. Roldan
Vandenberg & Feliu
contact info
David Daniel Farrell
Thompson Coburn Llp (st. Louis)
contact info
Appellee
James W. Giddens
Represented By
James Benedict Kobak, Jr
Hughes Hubbard & Reed Llp (ny)
contact info
Dustin Philip Smith
Hughes Hubbard & Reed Llp (ny)
contact info
Jason Charles Benton
Hughes Hubbard & Reed Llp (ny)
contact info
Christopher K. Kiplok
Hughes Hubbard & Reed Llp (ny)
contact info
Jordan Elliot Pace
Hughes Hubbard & Reed Llp (ny)
contact info
In Re
Lehman Brothers Holdings Inc.
In Re
Lehman Brothers Inc.
Intervenor
Securities Investor Protection Corporation
Washington, DC 20006
Represented By
Kenneth J. Caputo
Securities Investor Protection Corporation
contact info


Docket last updated: 12 hours ago
Wednesday, March 28, 2018
37 37 order Amended Judgment Wed 03/28 11:07 AM
AMENDED JUDGMENT in favor of James W. Giddens against General Ore International Corporation Limited, Neu Foundation of California, Neu Holdings U.S. Corporation, Janice K. Moss. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated March 22, 2018, and the Memo Endorsed Order dated March 27, 2018, the Order of the Bankruptcy Court is affirmed; accordingly, Case Nos. 17cv3762 and 17cv3785 are closed. (Signed by Clerk of Court Ruby Krajick on 03/28/2018)(km)
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Att: 1 Right to Appeal
Tuesday, March 27, 2018
36 36 order Memo Endorsement Tue 03/27 3:47 PM
MEMO ENDORSEMENT on re: (22 in 1:17-cv-03785-WHP) Letter filed by James W. Giddens, (35 in 1:17-cv-03762-WHP) Letter filed by James W. Giddens. ENDORSEMENT: Application granted. The Clerk of Court is directed to replace this Court's Opinion & Order dated March 22, 2018 (ECF No. 33 in Case No. 17cv3762 and ECF No. 20 in Case No. 17cv3785 with a version of the Opinion & Order reflecting an amended caption consistent with this Court's Stipulation and Order in each of the respective appeals. (Signed by Judge William H. Pauley, III on 3/27/2018) (jwh)
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misc Transmission to Judgments and Orders Clerk Tue 03/27 3:49 PM
Transmission to Judgments and Orders Clerk. Transmitted re:36 Memo Endorsement, to the Judgments and Orders Clerk. (jwh)
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Monday, March 26, 2018
35 35 misc Letter Mon 03/26 12:55 PM
LETTER addressed to Judge William H. Pauley, III from Christopher Kiplok dated March 26, 2018 re: Case Captions. Document filed by James W. Giddens.(Kiplok, Christopher)
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Friday, March 23, 2018
34 34 order Judgment - Clerk Fri 03/23 9:22 AM
CLERK'S JUDGMENT re:33 Memorandum & Opinion in favor of James W. Giddens against General Ore International Corporation Limited, Neu Foundation of California, Neu Holdings U.S. Corporation, Janice K. Moss. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated March 22, 2018, the Order of the Bankruptcy Court is affirmed; accordingly, Case Nos. 17cv3762 and 17cv3785 are closed. (Signed by Clerk of Court Ruby Krajick on 03/23/2018)(km)
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Att: 1 Right to Appeal
utility Terminate Transcript Deadlines Fri 03/23 9:24 AM
Terminate Transcript Deadlines (km)
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Thursday, March 22, 2018
33 33 20 pgs order Memorandum & Opinion Thu 03/22 1:52 PM
OPINION & ORDER: For the foregoing reasons, the Bankruptcy Court's order is affirmed. The Clerk of Court is directed to close Case Nos. 17cv3762 and 17cv3785 (Signed by Judge William H. Pauley, III on 3/22/2018) (jwh)
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misc Transmission to Judgments and Orders Clerk Thu 03/22 1:55 PM
Transmission to Judgments and Orders Clerk. Transmitted re:33 Memorandum & Opinion to the Judgments and Orders Clerk. (jwh)
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Tuesday, November 21, 2017
32 32 misc Notice of Filing Transcript Tue 11/21 12:34 PM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 10/20/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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31 31 misc Transcript Tue 11/21 12:32 PM
TRANSCRIPT of Proceedings re: ARGUMENT held on 10/20/2017 before Judge William H. Pauley, III. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/12/2017. Redacted Transcript Deadline set for 12/22/2017. Release of Transcript Restriction set for 2/20/2018.(McGuirk, Kelly)
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Friday, October 20, 2017
minutes Oral Argument Fri 11/03 10:16 AM
Minute Entry for proceedings held before Judge William H. Pauley, III: Oral Argument held on 10/20/2017 re:19 Appellant's Brief filed by Neu Foundation of California, Neu Holdings U.S. Corporation, General Ore International Corporation Limited, Janice K. Moss. (Choi, Brian)
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Monday, October 02, 2017
30 30 appeal Appellants Reply Brief Mon 10/02 10:25 PM
Appellant's REPLY BRIEF. Document filed by General Ore International Corporation Limited, Janice K. Moss, Neu Foundation of California, Neu Holdings U.S. Corporation. (Farrell, David)
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Monday, September 18, 2017
29 29 appeal Appellees Brief Mon 09/18 11:26 PM
Appellee's BRIEF. Document filed by James W. Giddens. Appellant Reply Brief due by 10/2/2017.(Benton, Jason)
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Att: 1 Appendix / Appendix to Brief
28 28 appeal Appellees Brief Mon 09/18 3:40 PM
Appellee's BRIEF. Document filed by Securities Investor Protection Corporation. Appellant Reply Brief due by 10/2/2017. (Caputo, Kenneth)
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27 27 notice Notice of Appearance Mon 09/18 11:05 AM
NOTICE OF APPEARANCE by Kenneth J. Caputo on behalf of Securities Investor Protection Corporation. (Caputo, Kenneth)
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Friday, September 15, 2017
26 26 notice Notice of Appearance Fri 09/15 4:43 PM
NOTICE OF APPEARANCE by Dustin Philip Smith on behalf of James W. Giddens. (Smith, Dustin)
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25 25 notice Notice of Appearance Fri 09/15 4:31 PM
NOTICE OF APPEARANCE by Christopher K. Kiplok on behalf of James W. Giddens. (Kiplok, Christopher)
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24 24 notice Notice of Appearance Fri 09/15 4:28 PM
NOTICE OF APPEARANCE by Christopher K. Kiplok on behalf of James W. Giddens. (Kiplok, Christopher)
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23 23 notice Notice of Appearance Fri 09/15 4:23 PM
NOTICE OF APPEARANCE by Jason Charles Benton on behalf of James W. Giddens. (Benton, Jason)
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misc Notice Regarding Deleted Document Mon 09/18 8:03 AM
***DELETED DOCUMENT. Deleted document number 25 Notice of Appearance. The document was incorrectly filed in this case. Intended for case number 1:17-cv-3785 (WHP). (db)
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Monday, August 21, 2017
22 22 order Order on Motion for Extension of Time to File Tue 08/22 7:35 AM
ORDER granting21 Letter Motion for Extension of Time to File. Application granted. Appellants' appendix is deemed timely filed. (Signed by Judge William H. Pauley, III on 8/21/2017) (mro)
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21 21 motion Extension of Time to File Document Mon 08/21 5:01 PM
LETTER MOTION for Extension of Time to File Appendix Accompanying Appellants Timely Filed Appellants Brief addressed to Judge William H. Pauley, III from David D. Farrell, Counsel for Appellants dated August 21, 2017. Document filed by General Ore International Corporation Limited, Janice K. Moss, Neu Foundation of California, Neu Holdings U.S. Corporation.(Farrell, David)
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20 20 appeal Appellants Brief Mon 08/21 11:27 AM
Appellant's BRIEF. Document filed by General Ore International Corporation Limited, Janice K. Moss, Neu Foundation of California, Neu Holdings U.S. Corporation. Appellee Brief due by 9/20/2017.(Farrell, David)
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Att: 1 Appendix Table of Contents,
Att: 2 Appendix Attachments: 00001 to 00115,
Att: 3 Appendix Attachments: 00116 to 00272,
Att: 4 Appendix Attachments: 00273 to 00367,
Att: 5 Appendix Attachments: 00368 to 00522
Friday, August 18, 2017
19 19 appeal Appellants Brief Fri 08/18 11:43 PM
Appellant's BRIEF. Document filed by General Ore International Corporation Limited, Janice K. Moss, Neu Foundation of California, Neu Holdings U.S. Corporation. Appellee Brief due by 9/18/2017. (Farrell, David)
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Wednesday, August 09, 2017
18 18 order Order on Motion for Extension of Time to File Wed 08/09 3:44 PM
REVISED SCHEDULING ORDER granting16 Letter Motion for Extension of Time to File Initial Appellate Briefs: WHEREFORE, IT IS HEREBY ORDERED that: 1. Appellants shall file their opening briefs by August 18, 2017. 2. Appellee James W. Giddens, as Trustee for the SIPA Liquidation, and the Securities Investor Protection Corporation shall file their oppositions by September 18, 2017. 3. Appellants shall file their reply by October 2, 2017. 4. Oral argument on the appeal shall remain scheduled for October 20, 2017 at 12:00 Noon. (Signed by Judge William H. Pauley, III on 8/9/2017) (jwh)
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17 17 order Order on Motion to Appear Pro Hac Vice Wed 08/09 11:36 AM
ORDER GRANTING AMENDED MOTION FOR ADMISSION PRO HAC VICE granting15 Motion for David Daniel Farrell to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 8/9/2017) (rj)
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16 16 motion Extension of Time to File Document Wed 08/09 11:01 AM
LETTER MOTION for Extension of Time to File Initial Appellate Briefs addressed to Judge William H. Pauley, III from Vincent J. Roldan dated August 9, 2017. Document filed by General Ore International Corporation Limited, Janice K. Moss, Neu Foundation of California, Neu Holdings U.S. Corporation.(Roldan, Vincent)
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Att: 1 Exhibit Proposed order
utility Set/Reset Deadlines Set/Reset Hearings Wed 08/09 3:46 PM
Set/Reset Deadlines: Appellant Brief due by 8/18/2017. Appellee Brief due by 9/18/2017. Appellant Reply Brief due by 10/2/2017. (jwh) Modified on 8/9/2017 (jwh)
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Wednesday, July 12, 2017
misc Notice Regarding Pro Hac Vice Motion Wed 07/12 8:41 AM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 15 AMENDED MOTION for David Daniel Farrell to Appear Pro Hac Vice to Appear as Co-Counsel for Appellants. Filing fee $ 200.00, receipt number 0208-13884916. Motion and supporting papers to be reviewed by Clerk's Off. The document has been reviewed and there are no deficiencies. (jc)
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Friday, June 30, 2017
11 11 misc Rule 7.1 Corporate Disclosure Statement Fri 06/30 4:39 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Neu Holdings U.S. Corporation for General Ore International Corporation Limited. Document filed by General Ore International Corporation Limited, Neu Foundation of California, Neu Holdings U.S. Corporation.(Roldan, Vincent)
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Thursday, June 29, 2017
12 12 minutes Telephone Conference Wed 07/05 2:31 PM
Minute Entry for proceedings held before Judge William H. Pauley, III: Telephone Conference held on 6/29/2017. (Choi, Brian)
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10 10 order Scheduling Order Thu 06/29 3:59 PM
SCHEDULING ORDER: Counsel for the parties having appeared for the conference on June 29, 2017, the following schedule is entered on consent: 1. Appellants shall file their brief by August 11, 2017. 2. Appellees shall file their opposition by September 11, 2017. 3. Appellants shall file their reply by September 25, 2017. 4. Oral argument on the appeal shall be held on October 20, 2017 at 12:00 p.m. The parties are also directed to submit a Stipulation and Proposed Order regarding amendment of the case caption as soon as possible. SO ORDERED. Oral Argument set for 10/20/2017 at 12:00 PM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 6/29/2017) (ama)
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misc Notice to Attorney to Re-File Document - Deficient Docket Entry Error Thu 06/29 9:17 AM
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Vincent J. Roldan to RE-FILE Document 9 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb)
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utility Set/Reset Deadlines Thu 06/29 4:01 PM
Set/Reset Deadlines: Appellant Brief due by 8/11/2017. Appellant Reply Brief due by 9/25/2017. Responses due by 9/11/2017 (ama)
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Wednesday, June 28, 2017
9 9 misc Rule 7.1 Corporate Disclosure Statement Wed 06/28 11:04 AM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by General Ore International Corporation Limited, Janice K. Moss, Neu Foundation of California, Neu Holdings U.S. Corporation.(Roldan, Vincent)
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8 8 motion Appear Pro Hac Vice Wed 06/28 11:00 AM
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for David D. Farrell to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by General Ore International Corporation Limited, Janice K. Moss, Neu Foundation of California, Neu Holdings U.S. Corporation.(Roldan, Vincent) Modified on 6/28/2017 (ma)
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Att: 1 Affidavit Exh A,
Att: 2 Text of Proposed Order Exh B
misc Notice Regarding Deficient Motion to Appear Pro Hac Vice Wed 06/28 11:50 AM
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 8 MOTION for David D. Farrell to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): ALL DOCUMENTS MUST BE SIGNED BY THE ATTORNEY SEEKING TO APPEAR PRO HAC VICE AND THE CERTIFICATE'S OF GOOD STANDING ARE MISSING FROM THE SUPREME COURT OF NEW YORK, ILLINOIS.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (ma)
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Monday, May 22, 2017
3 3 order Order ~Util - Set Hearings Mon 05/22 5:50 PM
SCHEDULING ORDER: This appeal has been assigned to District Judge William H. Pauley III. Counsel are directed to appear for a telephonic conference on June 29, 2017 at 3:30 p.m. for the purpose of establishing a briefing schedule regarding the parties' appeal of the U.S. Bankruptcy Court's Order dated May 1, 2017. Counsel for one of the parties is directed to provide a telephone conference number for all parties to access. (Telephone Conference set for 6/29/2017 at 03:30 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 5/22/2017) (cf)
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Thursday, May 18, 2017
2 2 misc Civil Cover Sheet Thu 05/18 4:26 PM
CIVIL COVER SHEET filed. (bkar)
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1 1 appeal Bankruptcy Appeal Thu 05/18 4:25 PM
NOTICE OF APPEAL FROM THE BANKRUPTCY COURT TO THE S.D.N.Y. from the Order of Judge Shelley C. Chapman dated May 1, 2017. Bankruptcy Court Case Numbers: 08-1420A, 08-B-13555 (SCC). Certified copies of file received.Document filed by Janice K. Moss, Neu Holdings U.S. Corporation, Neu Foundation of California, General Ore International Corporation Limited.(bkar)
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Att: 1 Exhibit A,
Att: 2 Exhibit B
utility Case Designation Thu 05/18 4:30 PM
Magistrate Judge James C. Francis IV 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:[LINK:http://nysd.uscourts.gov/forms.php] . (bkar)
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utility Case Designated ECF Thu 05/18 4:33 PM
Case Designated ECF. (bkar)
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