McAlary v. Cash Cloud Inc. et al
| Nevada District Court | |
| Judge: | Gloria M Navarro |
| Case #: | 2:23-cv-01424 |
| Nature of Suit | 422 Bankruptcy - Appeal 28 USC 158 |
| Cause | 28:0158 Notice of Appeal re Bankruptcy Matter (BA |
| Case Filed: | Sep 12, 2023 |
| Case in other court: | UNITED STATES BANKRUPTCY COURT DISTRICT OF NEVADA, 23-10423-MKN |
| Last checked: Sunday Mar 10, 2024 8:16 AM PDT |
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Appellant
Chris Mcalary
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Represented By
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Appellee
Cash Cloud Inc.
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Represented By
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Appellee
Official Committee of Unsecured Creditors
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Represented By
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In Re
Cash Cloud Inc.
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Represented By
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Interested Party
US Trustee
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Represented By
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| Docket last updated: 05/09/2025 11:59 PM PDT |
| Tuesday, April 22, 2025 | ||
| 44 | 44
respm
Reply
Tue 04/22 8:48 AM
REPLY to40 Reply by Appellee Official Committee of Unsecured Creditors. (Works, Ryan) |
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| Monday, April 07, 2025 | ||
| 43 | 43
minord
Minute Order
Mon 04/07 12:22 PM
MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 4/7/2025. In Appellant's 40 Reply, he argues for the first time that confirmation of Appelle's plan was prohibited by the United States Supreme Court's recent decision in Harrington v. Purdue Pharma L. P. , 603 U.S. 204 (2024). Because this argument was made for the first time in Appellant's Reply, IT IS HEREBY ORDERED that Appellee shall have 14 days to file a surreply, not to exceed eight pages, responding only to Appellant's Purdue Pharma argument. (Copies have been distributed pursuant to the NEF - ANH) |
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| Thursday, January 16, 2025 | ||
| 42 | 42
2
pgs
order
Order on Motion to Change Venue
Thu 01/16 2:24 PM
ORDER - IT IS HEREBY ORDERED that Plaintiff's Motion for Certification, (ECF No.7 ), is DENIED as MOOT without prejudice. Signed by Judge Gloria M. Navarro on 1/16/2025.(Copies have been distributed pursuant to the NEF - DLS) |
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| Tuesday, December 10, 2024 | ||
| 41 | 41
misc
Appendix
Tue 12/10 9:16 AM
APPENDIX TO REPLY BRIEF VOLUME 11 to40 Reply by Appellant Chris Mcalary. (Carlyon, Candace) |
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| 40 | 40
respm
Reply
Tue 12/10 9:14 AM
REPLY to12 Brief,27 Brief by Appellant Chris Mcalary. (Carlyon, Candace) |
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| Monday, November 25, 2024 | ||
| 39 | 39
3
pgs
order
Order on Motion to Lift Stay of Case Order Lifting Stay of Case
Tue 11/26 9:32 AM
ORDER Granting36 Motion to Lift Stay of Case. Stay of case is lifted. Reply brief due by 12/10/2024. Signed by Judge Gloria M. Navarro on 11/25/2024. (Copies have been distributed pursuant to the NEF - ALZ) |
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| Friday, July 26, 2024 | ||
| 38 | 38
respm
Reply
Fri 07/26 3:58 PM
REPLY to Response to36 Motion to Lift Stay by Appellant Chris Mcalary. (Carlyon, Candace) |
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| Thursday, July 25, 2024 | ||
| 37 | 37
respm
Response
Thu 07/25 4:49 PM
RESPONSE to36 Motion to Lift Stay by Appellee Official Committee of Unsecured Creditors. Replies due by 8/1/2024. (Works, Ryan) |
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| Thursday, July 11, 2024 | ||
| 36 | 36
motion
Motion Lift Stay
Thu 07/11 9:48 AM
MOTION to Lift Stay of Case by Appellant Chris Mcalary. Responses due by 7/25/2024. (Carlyon, Candace) |
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| Monday, April 15, 2024 | ||
| 35 | 35
4
pgs
order
Order on Stipulation
Tue 04/16 3:05 PM
ORDER Granting34 Stipulation Continuing Stay of Appeal. Signed by Judge Gloria M. Navarro on 4/15/2024. (Copies have been distributed pursuant to the NEF - RJDG) |
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| 34 | 34
motion
Stipulation
Mon 04/15 2:16 PM
STIPULATION Stipulated Order Continuing Stay of Appeal re1 Bankruptcy Appeal by Appellant Chris Mcalary. (Frey, Tali) (other) (appeal) |
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| 33 | 33
misc
Status Report
Mon 04/15 2:03 PM
Joint STATUS REPORT by Appellant Chris Mcalary. (Frey, Tali) |
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| Monday, March 11, 2024 | ||
| 32 | 32
misc
Status Report
Mon 03/11 2:37 PM
Joint STATUS REPORT Regarding Status of Bankruptcy Court Settlment by Appellant Chris Mcalary.. (Frey, Tali) |
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| Wednesday, November 29, 2023 | ||
| 31 | 31
14
pgs
order
Order on Stipulation Order Staying Case
Wed 11/29 1:49 PM
ORDER Granting30 Stipulation to Stay Case. Case is stayed until further order of this court and all pending deadlines are vacated. Signed by Judge Gloria M. Navarro on 11/29/2023. (Copies have been distributed pursuant to the NEF - RGDG) |
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| 30 | 30
motion
Stipulation
Wed 11/29 10:24 AM
STIPULATION TO STAY CASE Stipulation and [Proposed] Order to Stay Appeal Pending Resolution of Bankruptcy Court Approved Settlement by Appellant Chris Mcalary. (Carlyon, Candace) |
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| Monday, November 20, 2023 | ||
| 29 | 29
misc
Joinder
Mon 11/20 3:25 PM
JOINDER to27 Brief by Appellee Official Committee of Unsecured Creditors.. (Works, Ryan) |
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| 28 | 28
misc
Appendix
Mon 11/20 2:49 PM
APPENDIX Excerpts of Record of Appellee Cash Cloud, Inc. to27 Brief by Appellee Cash Cloud Inc...(Axelrod, Brett) |
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Att: 1
EOR 000001-000657
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| 27 | 27
respm
Brief
Mon 11/20 2:45 PM
ANSWERING BRIEF re12 Brief by Appellee Cash Cloud Inc.. Answering Brief of Appellee Cash Cloud, Inc. . (Axelrod, Brett) |
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| 26 | 26
notice
Notice Other
Mon 11/20 10:56 AM
NOTICE of Withdrawal of25 Appellant Chris Mcalarys Reply In Support of7 Motion for Certification of Appeals to the United States Court of Appeals for Ninth Circuit.(Carlyon, Candace) Modified text on 11/20/2023 (EDS) |
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Att: 1
Exhibit A
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| Thursday, November 16, 2023 | ||
| 25 | 25
respm
Reply
Thu 11/16 2:15 PM
REPLY to24 Joinder,23 Response,7 Motion to Change Venue/Transfer by Appellant Chris Mcalary.(Carlyon, Candace) |
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Att: 1
Exhibit 1-10
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| Thursday, November 09, 2023 | ||
| 24 | 24
misc
Joinder
Thu 11/09 5:13 PM
JOINDER to23 Response by Appellee Official Committee of Unsecured Creditors.. (Works, Ryan) |
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| 23 | 23
respm
Response
Thu 11/09 12:11 PM
RESPONSE to7 Motion to Change Venue/Transfer by In Re Cash Cloud Inc., Appellee Cash Cloud Inc.. Replies due by 11/16/2023. (Axelrod, Brett) |
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| Monday, November 06, 2023 | ||
| 22 | 22
misc
Appendix
Mon 11/06 5:01 PM
APPENDIX to Opening Brief Volume 10 of 10 to12 Brief by Appellant Chris Mcalary.. (Sharma, Natasha) |
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| 21 | 21
misc
Appendix
Mon 11/06 4:59 PM
APPENDIX to Opening Brief Volume 9 of 10 to12 Brief by Appellant Chris Mcalary.. (Sharma, Natasha) |
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| 20 | 20
misc
Appendix
Mon 11/06 4:58 PM
APPENDIX to Opening Brief Volume 8 of 10 to12 Brief by Appellant Chris Mcalary.. (Sharma, Natasha) |
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| 19 | 19
misc
Appendix
Mon 11/06 4:57 PM
APPENDIX to Opening Brief Volume 7 of 10 to12 Brief by Appellant Chris Mcalary.. (Sharma, Natasha) |
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| 18 | 18
misc
Appendix
Mon 11/06 4:56 PM
APPENDIX to Opening Brief Volume 6 of 10 to12 Brief by Appellant Chris Mcalary.. (Sharma, Natasha) |
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| 17 | 17
misc
Appendix
Mon 11/06 4:54 PM
APPENDIX to Opening Brief Volume 5 of 10 to12 Brief by Appellant Chris Mcalary.. (Sharma, Natasha) |
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| 16 | 16
misc
Appendix
Mon 11/06 4:53 PM
APPENDIX to Opening Brief Volume 4 of 10 to12 Brief by Appellant Chris Mcalary.. (Sharma, Natasha) |
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| 15 | 15
misc
Appendix
Mon 11/06 4:51 PM
APPENDIX to Opening Brief Volume 3 of 10 to12 Brief by Appellant Chris Mcalary.. (Sharma, Natasha) |
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| 14 | 14
misc
Appendix
Mon 11/06 4:50 PM
APPENDIX to Opening Brief Volume 2 of 10 to12 Brief by Appellant Chris Mcalary.. (Sharma, Natasha) |
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| 13 | 13
misc
Appendix
Mon 11/06 4:49 PM
APPENDIX to Opening Brief Volume 1 of 10 to12 Brief by Appellant Chris Mcalary.. (Sharma, Natasha) |
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| 12 | 12
respm
Brief
Mon 11/06 4:45 PM
OPENING BRIEF by Appellant Chris Mcalary. . (Carlyon, Candace) |
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| Tuesday, October 31, 2023 | ||
| 11 | 11
3
pgs
order
Order on Stipulation
Wed 11/01 10:32 AM
ORDER Granting10 Stipulation for Extension of Time re7 Motion to Change Venue/Transfer. Responses due by 11/9/2023. Signed by Judge Gloria M. Navarro on 10/31/2023. (Copies have been distributed pursuant to the NEF - RGDG) |
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| 10 | 10
motion
Stipulation
Tue 10/31 1:31 PM
STIPULATION FOR EXTENSION OF TIME (First Request) Stipulation and Proposed Order Regarding Response Deadline in Connection with Motion for Certification of Appeals to the United States Court of Appeals for Ninth Circuit [Fed. R. Bankr. Proc. 8006] re7 Motion to Change Venue/Transfer by In Re Cash Cloud Inc.. (Axelrod, Brett) (extend) (answer) |
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| Monday, October 23, 2023 | ||
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minord
Minute Order Bankruptcy Briefing Schedule
Mon 10/23 8:59 AM
MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 10/23/2023. IT IS ORDERED that the appellant shall have a period of 14 days from the date of this order to file/serve an opening brief. Appellee shall have 14 days after to file/serve an answering brief. Thereafter, appellant shall have 14 days to file/serve a final reply brief. IT IS FURTHER ORDERED that appellant shall file and serve excerpts of the record as an appendix to the appellant brief pursuant to Fed. R. Bankr. P. 8009(b) and LR IC 2-2. Appellee may also file/serve an appendix with appellee brief which contains required material omitted by appellant. Opening brief due by 11/6/2023. Answering brief due by 11/20/2023. Reply brief due by 12/4/2023. (no image attached) (Copies have been distributed pursuant to the NEF - CT) |
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| Friday, October 20, 2023 | ||
| 7 | 7
motion
Motion Change Venue/Transfer
Fri 10/20 2:43 PM
MOTION to Change Venue or Transfer. Motion for Certification of Appeals to the United States Court of Appeals for Ninth Circuit [Fed. R. Bankr. Proc. 8006] Responses due by 11/3/2023. (Carlyon, Candace) |
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minord
Minute Order Order on Stipulation
Fri 10/20 8:26 AM
MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 10/20/2023. The parties stipulated to consolidate 2:23-cv-1424-GMN and 2:23-cv-1427-GMN because both appeals arise out of the same underlying bankruptcy case, In re Cash Cloud, Inc., dba Coin Cloud , BK Case No.: 23-10423 mkn. (Stip., ECF No. 5 ). The stipulation identifies 2:23-cv-1427-GMN as the lead case and 2:23-cv-1424-GMN as the secondary case and therefore requests that the secondary case be consolidated with the lead case, making 2:23-cv-1427-GMN the operative case number. But this Court's local rules mandate that when cases are consolidated, the Clerk of Court must administratively close the latter-filed actions. D. Nev. LR 42-1(b). That is, after consolidation, 2:23-cv-1424-GMN will be the operative case number because it was filed first. Accordingly, the Court GRANTS the 5 Stipulation and ORDERS that 2:23-cv-1427-GMN be consolidated into 2:23-cv-1424-GMN. The Court clarifies that 2:23-cv-1424-GMN will be the operative case number. After consolidation, the Clerk of Court is directed to close 2:23-cv-1427-GMN. (Copies have been distributed pursuant to the NEF - JD) Modified on 10/20/2023 (JD) |
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| Thursday, October 19, 2023 | ||
| 5 | 5
motion
Stipulation
Thu 10/19 9:13 AM
STIPULATION and [Proposed] Order to Consolidate 2:23-CV- 01424-GMN with 2:23-CV-01427-GMN by Appellant Chris Mcalary.(Carlyon, Candace) (other) (appeal) |
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Att: 1
Exhibit 1
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| Tuesday, October 10, 2023 | ||
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minord
Minute Order
Tue 10/10 3:32 PM
MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 10/10/2023. IT IS ORDERED that the appellant shall have a period of 14 days from the date of this order to file/serve an opening brief. Appellee shall have 14 days after to file/serve an answering brief. Thereafter, appellant shall have 14 days to file/serve a final reply brief. IT IS FURTHER ORDERED that appellant shall file and serve excerpts of the record as an appendix to the appellant brief pursuant to Fed. R. Bankr. P. 8009(b) and LR IC 2-2. Appellee may also file/serve an appendix with appellee brief which contains required material omitted by appellant. (Copies have been distributed pursuant to the NEF - JD) |
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| Friday, September 22, 2023 | ||
| 3 | 3
misc
Certificate Interested Parties
Fri 09/22 1:22 PM
CERTIFICATE of Interested Parties by Chris Mcalary. There are no known interested parties other than those participating in the case.(Carlyon, Candace) |
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Att: 1
Exhibit Exhibit 1
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| Tuesday, September 12, 2023 | ||
| 2 | 2 MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 9/12/2023. IT IS ORDERED that the designation of reporters and recorders transcripts (if any) as required by Fed. R. Bankr. P. 8009(a) shall be filed with the clerk of bankruptcy court so the certificate of readiness may be transmitted timely to the district court. If the designation was previously filed with the clerk of BAP, counsel shall file a copy of the same with the clerk of bankruptcy court. IT IS FURTHER ORDERED that all future documents filed in connection with this appeal shall bear the bankruptcy case number, adversary case number (if any) and the district court civil case number. For Bankruptcy Appeals, Attorneys are required to file Verified Petitions in accordance with LR IA 11-2. Verified Petition due by 9/26/2023. (no image attached) (Copies have been distributed pursuant to the NEF - JQC) | |
| 1 | 1
appeal
Bankruptcy Appeal
Tue 09/12 2:54 PM
Notice of APPEAL FROM BANKRUPTCY COURT, Bankruptcy Court case number 23-10423 MKN. Certificate of Interested Parties due by 9/22/2023. (JQC) |
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Att: 1
Notice of Referral of Appeal,
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Att: 2
Appeal Memorandum,
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Att: 3
Transmittal
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utility
Assign Judges in Civil Case
Tue 09/12 10:36 AM
Case randomly assigned to Judge Gloria M. Navarro. (JQC) |
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minord
Minute Order Bankruptcy Appeal Recvd from USBC
Tue 09/12 2:59 PM
MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 9/12/2023. IT IS ORDERED that the designation of reporters and recorders transcripts (if any) as required by Fed. R. Bankr. P. 8009(a) shall be filed with the clerk of bankruptcy court so the certificate of readiness may be transmitted timely to the district court. If the designation was previously filed with the clerk of BAP, counsel shall file a copy of the same with the clerk of bankruptcy court. IT IS FURTHER ORDERED that all future documents filed in connection with this appeal shall bear the bankruptcy case number, adversary case number (if any) and the district court civil case number. For Bankruptcy Appeals, Attorneys are required to file Verified Petitions in accordance with LR IA 11-2. Verified Petition due by 9/26/2023. (no image attached) (Copies have been distributed pursuant to the NEF - JQC) |
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