Orange County Transit, LLC v. Board of Education of Valley Central School Distri
Adversary Proceeding
Lead BK case is: 8:18-bk-76176
Lead BK case is: 8:18-bk-76176
| New York Eastern Bankruptcy Court | |
| Chapter 11 | |
| Judge: | Louis A Scarcella |
| Case #: | 8:20-ap-08148 |
| Nature of Suit | 91 Bankruptcy - Declaratory judgment 14 Bankruptcy - Recovery of money/property - other |
| Case Filed: | Sep 01, 2020 |
| Last checked: never |
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Defendant
Board of Education of Valley Central School District
944 Route 17K
Montgomery, NY 12549 |
Represented By
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Plaintiff
Orange County Transit, LLC, as successor-in-interest to East End Bus Lines, Inc.
3601 Horseblock Road
Medford, NY 11763 |
Represented By
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GPO
May 27 2022
Memorandum Decision and Order Granting Defendant's Motion to Dismiss Complaint. The Court grants Defendant's motion to dismiss the breach of contract claim. However, Plaintiff is granted leave to file an amended complaint, if it can properly do so, for its breach of contract claim. If Plaintiff chooses to file an amended complaint, it must do so by 6/17/2022. Defendant shall file an answer or otherwise respond to the amended complaint by 7/8/2022. Plaintiff's request for declaratory relief is dismissed as moot.(RE: related document(s)9 Motion to Dismiss Case filed by Defendant Board of Education of Valley Central School District). Signed on 5/27/2022 (dhc) |
| Docket last updated: 09/18/2024 1:08 PM EDT |
| Wednesday, August 31, 2022 | ||
| 44 | 44
misc
Affidavit/Certificate of Service
Wed 08/31 9:31 AM
Affidavit/Certificate of Service of Reply Memorandum of Law in Support of Motion to Dismiss Amended Complaint Filed by Sara C. Temes on behalf of Board of Education of Valley Central School District (Temes, Sara) |
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| Friday, August 26, 2022 | ||
| 43 | 43
answer
Reply
Fri 08/26 4:00 PM
Reply Memorandum of Law in Support of Board of Education of Valley Central School District's Motion to Dismiss the Amended Complaint Filed by Sara C. Temes on behalf of Board of Education of Valley Central School District (Temes, Sara) |
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| Friday, August 12, 2022 | ||
| 42 | 42
misc
Affidavit/Certificate of Service
Fri 08/12 3:08 PM
Affidavit/Certificate of Service Declaration of Service Filed by Marc A Pergament on behalf of Orange County Transit, LLC (Pergament, Marc) |
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| 41 | 41
answer
Memorandum of Law in Opposition
Fri 08/12 2:50 PM
Memorandum of Law in Opposition to Defendant's Motion to Dismiss the Complaint Filed by Marc A Pergament on behalf of Orange County Transit, LLC (Pergament, Marc) |
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Att: 1
Exhibit I
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| Saturday, July 23, 2022 | ||
| 40 | 40
court
BNC Certificate of Mailing with Application/Notice/Order
Sun 07/24 12:08 AM
BNC Certificate of Mailing with Application/Notice/Order Notice Date 07/23/2022. (Admin.) |
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| Friday, July 22, 2022 | ||
| 39 | 39
misc
Affidavit/Certificate of Service
Fri 07/22 8:30 AM
Affidavit/Certificate of Service of Scheduling Order on Motion to Dismiss Filed by Sara C. Temes on behalf of Board of Education of Valley Central School District (Temes, Sara) |
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| Thursday, July 21, 2022 | ||
| 38 | 38
order
Scheduling Order (Judge Scarcella Cases Only)
Thu 07/21 3:16 PM
Scheduling Order for Motion to Dismiss. Opposition to the motion to dismiss to be filed and served by 8/12/2022. Reply, if any, due by 8/26/2022. The Court will determine whether argument will be heard and, if so, will advise the parties . Signed on 7/21/2022 (dhc) |
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| Friday, July 15, 2022 | ||
| 37 | 37
misc
Affidavit/Certificate of Service
Fri 07/15 12:10 PM
Affidavit/Certificate of Service of the Motion to Dismiss Amended Complaint and Memorandum of Law in Support of Motion to Dismiss Filed by Sara C. Temes on behalf of Board of Education of Valley Central School District (Temes, Sara) |
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| 36 | 36
answer
Memorandum of Law in Support
Fri 07/15 12:08 PM
Memorandum of Law in Support of Motion to Dismiss Amended Complaint Filed by Sara C. Temes on behalf of Board of Education of Valley Central School District (Temes, Sara) |
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| 35 | 35
motion
Dismiss Adversary Proceeding (Judge Scarcella Cases Only)
Fri 07/15 12:00 PM
Motion to Dismiss Adversary Proceeding (Motion to Dismiss Amended Complaint) Filed by Sara C. Temes on behalf of Board of Education of Valley Central School District . (Temes, Sara) |
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Att: 1
Exhibit A - proposed Order
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| Wednesday, July 06, 2022 | ||
| 34 | 34
order
Extending Time to File Answer
Wed 07/06 3:50 PM
Stipulation and Order by and between Marc J. Weingard, Esq., Attorneys for Plaintiff and Sara C. Temes, Esq., Attorneys for Defendant, Extending Time for Defendant Board of Education of Valley Central School District to File Answer. Answer Due 7/15/2022. . Signed on 7/6/2022 (alh) |
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| 33 | 33
notice
Notice of Proposed Stipulation
Wed 07/06 12:33 PM
Notice of Proposed Stipulation By and Between Orange County Transit and Board of Education of Valley Central School District to Extend Time to Answer Amended Complaint Filed by Board of Education of Valley Central School District . (Temes, Sara) |
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| Tuesday, June 21, 2022 | ||
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utility
Update Answer Deadline
Tue 06/21 9:00 AM
Board of Education of Valley Central School District Answer Deadline Reset for 7/8/2022 (amp) |
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| Friday, June 17, 2022 | ||
| 32 | 32
cmp
Amended Complaint
Fri 06/17 11:55 AM
Amended Complaint In regard to the Court's Memorandum and Decision dated May 27, 2022, Plaintiff has been granted leave to file an Amended Complaint for its breach of contract claim by Marc A Pergament on behalf of Orange County Transit, LLC against Board of Education of Valley Central School District (Pergament, Marc) |
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Att: 1
Exhibit A- Contracts
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Att: 2
Exhibit B- Invoices prior to shutdown
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Att: 3
Exhibit C- Shutdown Invoices
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Att: 4
Exhibit D- Notice of Claim
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Att: 5
Exhibit E- Cleaning Invoices
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Att: 6
Exhibit F - Sept to Nov 2020 Invoices
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Att: 7
Exhibit G - Notice of Claim 11-25-20
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Att: 8
Exhibit H - Notice of Claim 12-21-20
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Att: 9
Affidavit of Service
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| Friday, May 27, 2022 | ||
| 31 | 31
order
Opinion/Decision for External Web Page
Fri 05/27 11:19 AM
Memorandum Decision and Order Granting Defendant's Motion to Dismiss Complaint. The Court grants Defendant's motion to dismiss the breach of contract claim. However, Plaintiff is granted leave to file an amended complaint, if it can properly do so, for its breach of contract claim. If Plaintiff chooses to file an amended complaint, it must do so by 6/17/2022. Defendant shall file an answer or otherwise respond to the amended complaint by 7/8/2022. Plaintiff's request for declaratory relief is dismissed as moot . Signed on 5/27/2022 (dhc) |
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| Monday, August 02, 2021 | ||
| 30 | 30
misc
Letter
Mon 08/02 5:42 PM
Letter in response to Plaintiff's 7/28/21 letter pertaining to Defendant's motion to dismiss Filed by Sara C. Temes on behalf of Board of Education of Valley Central School District (Temes, Sara) |
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| Wednesday, July 28, 2021 | ||
| 29 | 29
misc
Letter
Wed 07/28 5:12 PM
Letter to the Honorable Louis A. Scarcella, U.S.B.J. Filed by Marc A Pergament on behalf of Orange County Transit, LLC (Pergament, Marc) |
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Att: 1
HTIMES ERALS-RECORD
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Att: 2
OUTPUT REPORT 19-20
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Att: 3
OUTPUT REPORT 20-21
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| Wednesday, November 11, 2020 | ||
| 28 | 28
misc
Letter
Wed 11/11 4:06 PM
Letter to the Honorable Louis A. Scarcella, U.S.B.J. Filed by Marc A Pergament on behalf of Orange County Transit, LLC (Pergament, Marc) |
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| Monday, November 09, 2020 | ||
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court
zMinute Entry - Hearing Held (Case Owned BK)
Mon 11/09 12:44 PM
Hearing Held; Appearance: Marc Pergament, Howard Miller, Sara Temes, John Mensch; Under Review (dhc) |
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| Friday, November 06, 2020 | ||
| 27 | 27
misc
Letter
Fri 11/06 4:38 PM
Letter to the Honorable Louis A. Scarcella from Sara C. Temes regarding Memorandum of Law Filed by Sara C. Temes on behalf of Board of Education of Valley Central School District (Temes, Sara) |
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| Tuesday, November 03, 2020 | ||
| 26 | 26
misc
Affidavit/Certificate of Service
Tue 11/03 4:17 PM
Affidavit/Certificate of Service Declaration of Service Filed by Marc A Pergament on behalf of Orange County Transit, LLC (Pergament, Marc) |
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| 25 | 25
answer
Affirmation in Opposition
Tue 11/03 4:01 PM
Supplemental Affirmation in Opposition Filed by Marc A Pergament on behalf of Orange County Transit, LLC (Pergament, Marc) |
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| Thursday, October 29, 2020 | ||
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court
zMinute Entry - Hearing Held and Adjourned (Case Owned BK)
Thu 10/29 1:56 PM
Hearing Held and Adjourned; Appearance: Marc Pergament, John Mench, Howard Miller, Sarah Temes. Hearing on Oral Argument for Motion to Dismiss. Status hearing to be held on 11/09/2020 at 10:30 AM at Courtroom 970 (Judge Scarcella), CI, NY. (ahennigan) |
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| Wednesday, October 28, 2020 | ||
| 24 | 24
misc
Letter
Wed 10/28 4:26 PM
Letter to the Honorable Louis A. Scarcella, U.S.B.J. Filed by Marc A Pergament on behalf of Orange County Transit, LLC (Pergament, Marc) |
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court
Hearing Sched/Resched (Case Owned)
Wed 10/28 5:33 PM
Hearing Scheduled. Status hearing to be held on 10/29/2020 at 12:15 PM (Judge Scarcella) (dhc) |
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| Monday, October 19, 2020 | ||
| 23 | 23
answer
Memorandum of Law in Support
Mon 10/19 10:47 AM
Memorandum of Law in Support Filed by Sara C. Temes on behalf of Board of Education of Valley Central School District (Temes, Sara) |
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| Friday, October 16, 2020 | ||
| 22 | 22
misc
Affidavit/Certificate of Service
Fri 10/16 4:18 PM
Affidavit/Certificate of Service Filed by Sara C. Temes on behalf of Board of Education of Valley Central School District (Temes, Sara) |
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| 21 | 21
motion
Dismiss Adversary Proceeding
Fri 10/16 4:12 PM
Incorrect event used - attorney to refile - Supplemental Motion to Dismiss Adversary Proceeding Reply Memorandum of Law in Further Support of Board of Education of Valley Central School District's Motion to Dismiss the Complaint Filed by Sara C. Temes on behalf of Board of Education of Valley Central School District . (Temes, Sara) Modified on 10/19/2020 (amp) |
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| Friday, October 09, 2020 | ||
| 20 | 20
misc
Affidavit/Certificate of Service
Fri 10/09 2:11 PM
Affidavit/Certificate of Service Declaration of Service Filed by Marc A Pergament on behalf of Orange County Transit, LLC (Pergament, Marc) |
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| 19 | 19
answer
Memorandum of Law in Opposition
Fri 10/09 1:53 PM
Memorandum of Law in Opposition and Affirmation in Opposition to Motion to Dismiss Filed by Marc A Pergament on behalf of Orange County Transit, LLC (Pergament, Marc) |
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Att: 1
Affidavit Affirmation in Opposition
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Att: 2
Exhibit F
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Att: 3
Exhibit G
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Att: 4
Exhibit H
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Att: 5
Exhibit I
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Att: 6
Exhibit J
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| Sunday, October 04, 2020 | ||
| 18 | 18
court
BNC Certificate of Mailing with Application/Notice/Order
Mon 10/05 12:23 AM
BNC Certificate of Mailing with Application/Notice/Order Notice Date 10/04/2020. (Admin.) |
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| Thursday, October 01, 2020 | ||
| 17 | 17
court
Court's Certificate of Mailing
Thu 10/01 5:33 PM
Court's Service Lis (dhc) |
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| 16 | 16
order
Appointing Mediator
Thu 10/01 4:49 PM
Order Assigning Matter to Mediation. Marjorie E. Berman, Esq. is hereby designated as Mediator and added to case. The mediation shall be concluded by 11/6/2020. By 11/12/2020, the Mediator shall file a status letter as to whether the mediation resulted in a settlement. In the event this matter is not resolved through mediation or otherwise, the Mediation Parties are directed to appear before the Court on 11/19/2020 at 11:30 am.(Judge Scarcella). . Signed on 10/1/2020 (dhc) |
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| Wednesday, September 23, 2020 | ||
| 15 | 15
court
BNC Certificate of Mailing with Application/Notice/Order
Thu 09/24 12:13 AM
BNC Certificate of Mailing with Application/Notice/Order Notice Date 09/23/2020. (Admin.) |
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| 14 | 14
misc
Affidavit/Certificate of Service
Wed 09/23 8:57 AM
Affidavit/Certificate of Service of Scheduling Order for Motion to Dismiss Filed by Sara C. Temes on behalf of Board of Education of Valley Central School District (Temes, Sara) |
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| Monday, September 21, 2020 | ||
| 13 | 13
order
Scheduling Order (Judge Scarcella Cases Only)
Mon 09/21 3:01 PM
Scheduling Order for Motion to Dismiss. If plaintiff wishes to file an amended complaint, it shall do so by 10/9/2020. If plaintiff elects not to amend its pleading, the motion will proceed in the normal course pursuant to the briefing schedule set forth. Plaintiff Objection due by 10/9/2020. Defendant Reply, if any, due by 10/16/2020. The Court will determine whether argument will be heard and, if so, will advise the parties. . Signed on 9/21/2020 (dhc) |
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| 12 | 12
misc
Exhibit
Mon 09/21 1:12 PM
Exhibit Filed by Marc A Pergament on behalf of Orange County Transit, LLC (Pergament, Marc) |
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Att: 1
Exhibit A Part 2
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Att: 2
Exhibit A Part 3
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Att: 3
Exhibit A Part 4
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Att: 4
Exhibit A Part 5
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| Friday, September 18, 2020 | ||
| 11 | 11
misc
Affidavit/Certificate of Service
Fri 09/18 3:18 PM
Affidavit/Certificate of Service of Defendant's Motion to Dismiss and support Memorandum of Law Filed by Sara C. Temes on behalf of Board of Education of Valley Central School District (Temes, Sara) |
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| 10 | 10
answer
Memorandum of Law in Support
Fri 09/18 3:01 PM
Memorandum of Law in Support of Motion to Dismiss Filed by Sara C. Temes on behalf of Board of Education of Valley Central School District (Temes, Sara) |
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| 9 | 9
motion
Dismiss Case
Fri 09/18 2:54 PM
Motion to Dismiss Case Filed by Sara C. Temes on behalf of Board of Education of Valley Central School District. (Temes, Sara) |
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Att: 1
Exhibit A - proposed Order
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| Friday, September 04, 2020 | ||
| 8 | 8
court
BNC Certificate of Mailing with Application/Notice/Order
Sat 09/05 12:13 AM
BNC Certificate of Mailing with Application/Notice/Order Notice Date 09/04/2020. (Admin.) |
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| Wednesday, September 02, 2020 | ||
| 7 | 7
order
Extending Time to File Answer
Wed 09/02 4:50 PM
Order Setting Time for Defendant Board of Education of Valley Central School District to File Answer or Responsive Pleading. Answer Due by no later than 9/18/2020. Signed on 9/2/2020 (dhc) |
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| 6 | 6
cmp
Summons In An Adversary Proceeding (Judge Trust and Judge Scarcella) (Auto)
Wed 09/02 9:02 AM
[Entered in error; please disregard] Summons In An Adversary Proceeding Issued by Clerk's Office against Board of Education of Valley Central School District Answer Due: 10/2/2020 (lkg) Modified on 9/2/2020 (lkg) |
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court
zMinute Entry - Hearing Held (Case Owned BK)
Wed 09/02 3:11 PM
Hearing Held; Appearance: Marc Pergament, Marc Weingard, Christine Black, Howard Miller, Sara Temes, John Mench. Answer or responsive pleading due 9/18/2020. Court to issue order (dcorsini) |
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| Tuesday, September 01, 2020 | ||
| 5 | 5
misc
Affidavit/Certificate of Service
Tue 09/01 8:58 PM
Affidavit/Certificate of Service Declaration of Service via e-mail Filed by Marc A Pergament on behalf of Orange County Transit, LLC (Pergament, Marc) |
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| 4 | 4
misc
Affidavit/Certificate of Service
Tue 09/01 8:46 PM
Affidavit/Certificate of Service Certificate of Service via Federal Express Filed by Marc A Pergament on behalf of Orange County Transit, LLC (Pergament, Marc) Modified on 9/2/2020 (lkg) |
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| 3 | 3
order
Schedule Hearing (Generic)
Tue 09/01 5:49 PM
Order Scheduling Hearing on Shortened Notice. A telephonic hearing is scheduled for 9/2/2020 at 02:00 PM (Judge Scarcella). Parties wishing to participate in the Hearing shall dial-in as follows: Toll Free Number: (888) 278-0296 Access Code: 3535042. On or before 9/1/2020, the plaintiff is directed to serve byovernight mail for next morning delivery, and email a copy of the Complaint, theaffirmation in support, and this Order on the defendant and defendants counsel, if known, the Office of the United States Trustee, and counsel for Merchants Automotive Group,Inc. Plaintiff shall file proof of service on or before 9/1/2020. Any objections to the relief sought will be considered at the Hearing. . Signed on 9/1/2020 (dhc) |
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| 2 | 2
answer
Affirmation in Support
Tue 09/01 12:40 PM
Affirmation in Support Filed by Marc A Pergament on behalf of Orange County Transit, LLC (Pergament, Marc) |
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Att: 1
Proposed Order Proposed Order
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| 1 | 1
cmp
Complaint
Tue 09/01 12:22 PM
Adversary case 8 20-08148 Complaint by Orange County Transit, LLC against Board of Education of Valley Central School District. Fee Amount $350. Nature(s) of Suit: (14 (Recovery of money/property - other)), (91 (Declaratory judgment)). (Pergament, Marc) |
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Att: 1
Adversary Cover Sheet
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Att: 2
Main Document
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Att: 3
Exhibit Exhibit A
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Att: 4
Exhibit B
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Att: 5
Exhibit C
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Att: 6
Exhibit D
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Att: 7
Exhibit E
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