Rahall et al v. Rand et al
| Florida Middle District Court | |
| Judge: | Kathryn Kimball Mizelle |
| Case #: | 8:24-cv-00178 |
| Nature of Suit | 422 Bankruptcy - Appeal 28 USC 158 |
| Cause | 28:0158 Bankruptcy Appeal from Judgment/Order |
| Case Filed: | Jan 19, 2024 |
| Terminated: | Nov 12, 2024 |
| Last checked: Friday Jul 19, 2024 4:38 AM EDT |
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Appellant
Dry Creek Properties LLC
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Appellant
New Orleans Trust
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Appellant
Mulberry Trust
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Appellant
Middletown Property Management, LLC
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Appellant
Mallard Trust
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Appellant
Magnolia Trust
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Appellant
Ola Trust
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Appellant
Poinsettia Trust
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Appellant
Monier Rahall
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Appellant
Seventh Avenue Trust
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Appellant
Dry Creek Mortgage Co., LLC
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Appellant
The 409411 Cleveland Trust
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Appellant
Aegis Asset Securitized LLC
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Appellant
1816 E. Wood Land Trust
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Appellant
ACM Trust
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Appellant
Aegis 13th Ave Trust
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Appellant
Bonita Trust
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Appellant
Aegis Asset Trust
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Appellant
Aegis Capital Markets, Inc.
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Appellant
Aegis Financial Advisors, Inc.
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Appellant
Two STPT
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Appellee
Sensible Property Management, Inc.
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Appellee
Jamie A. Rand
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Appellee
Rajax Land Trust
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Appellee
David Lowrey
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Appellee
Tyler Street Land Trust
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Appellee
Nola Land Trust
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Appellee
Takomah Trail Land Trust
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Appellee
Nineth Street Land Trust
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Appellee
Water Oak Land Trust
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Appellee
Wet Rock Land Trust
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Appellee
Newport Land Trust
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Appellee
Manhattan Land Trust
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Appellee
25th Avenue Land Trust
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Appellee
56th Avenue Land Trust
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Appellee
Appian Land Trust
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Appellee
Chisholm Land Trust
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Appellee
Forty Eighth Land Trust
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Appellee
Gunstock Land Trust
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Appellee
Humphrey Land Trust
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Appellee
INXS VI, LLC
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Appellee
INXS VII, LLC
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Appellee
JJJ Family LLP
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Appellee
Lake Christiana Land Trust
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Appellee
Mulrennen Land Trust
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In Re
Aegis Asset Management LLC
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Trustee
Richard M. Dauval
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Represented By
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| Docket last updated: 04/27/2025 11:59 PM EDT |
| Tuesday, January 07, 2025 | ||
| 27 | 27
notice
Notice to Counsel of Local Rule
Tue 01/07 10:12 AM
NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (ABM) |
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| 26 | 26
misc
Judgment
Tue 01/07 10:11 AM
JUDGMENT that the order of the bankruptcy court is affirmed. ( Signed by Deputy Clerk) (ABM) |
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| Wednesday, November 13, 2024 | ||
| 25 | 25
notice
Notice to Counsel of Local Rule
Wed 11/13 10:35 AM
NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (GL) |
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| Tuesday, November 12, 2024 | ||
| 24 | 24
order
Order Administratively Closing Case
Tue 11/12 1:53 PM
ENDORSED ORDERD: The Clerk is DIRECTED to ADMINISTRATIVELY CLOSE this case. Signed by Judge Kathryn Kimball Mizelle on 11/12/2024. (SJR) |
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| Monday, April 08, 2024 | ||
| 23 | 23
order
Order
Wed 04/10 8:08 AM
ENDORSED ORDER: Under Federal Rule of Bankruptcy Procedure 8003, "[w]hen two or more parties are entitled to appeal from a judgment, order, or decree of a bankruptcy court and their interests make joinder practicable, they may file a joint notice of appeal." Fed. R. Bankr. Pro. 8003(b)(1). If the two parties "separately filed notices of appeal, the district court... may join or consolidate the appeals." Fed. R. Bankr. Pro. 8003(b)(2). Finding that Case No. 8:23-cv-2473 is related to Case Nos. 8:23-cv-2515, 8:23-cv-2516, 8:24-cv-178, 8:24-cv-247, and 8:24-cv-249, and finding that the parties' interests are similar, consolidation of the appeals is warranted. The parties have filed notices supporting consolidation. See, e.g. , Docs. 22 , 23. Accordingly, the Clerk is hereby directed to consolidate Case Nos. 8:23-cv-2473, 8:23-cv-2515, 8:23-cv-2516, 8:24-cv-178, 8:24-cv-247, and 8:24-cv-249. No later than April 23, 2024, the parties are directed to file a joint statement proposing (1) a list of issues on appeal for the consolidated cases, (2) a briefing schedule, and (3) a page limit for the briefs. Signed by Judge Kathryn Kimball Mizelle on 4/8/2024. (CMM) (KME) |
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utility
Create case association
Wed 04/10 8:32 AM
Cases associated: Create association to 8:23-cv-02473-KKM. (KME) |
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utility
Remark no number
Wed 04/10 8:48 AM
Remark: ALL FUTURE CASE DOCUMENTS TO BE FILED IN CASE 8:23-cv-2473-KKM. (KME) |
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| Wednesday, April 03, 2024 | ||
| 22 | 22
minutes
Status Conference
Thu 04/04 8:52 AM
Minute Entry. In Person Proceedings held before Judge Kathryn Kimball Mizelle: STATUS CONFERENCE held on 4/3/2024. Court Reporter: Bill Jones (DAY) |
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| Tuesday, March 12, 2024 | ||
| 21 | 21
notice
Notice (Other)
Tue 03/12 4:03 PM
NOTICE by Richard M. Dauval Notice of Withdrawal and Request to Stop Electronic Filing (Markham, Michael) |
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| Wednesday, March 06, 2024 | ||
| 20 | 20
order
Order on Motion to Continue
Wed 03/06 8:57 AM
ENDORSED ORDER: The 19 motion to reschedule hearing is GRANTED. The in-person conference set for March 13, 2024 at 1 p.m. is rescheduled to April 3, 2024, at 1 p.m. Signed by Judge Kathryn Kimball Mizelle on 3/6/2024. (CMM) |
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| Monday, March 04, 2024 | ||
| 19 | 19
motion
Continue
Mon 03/04 10:44 AM
MOTION to Reschedule Hearing set for 03/13/24 at 1:00 p.m. (agreed to by Appellee) by 1816 E. Wood Land Trust, ACM Trust, Aegis 13th Ave Trust, Aegis Asset Securitized LLC, Aegis Asset Trust, Aegis Capital Markets, Inc., Aegis Financial Advisors, Inc., Bonita Trust, Dry Creek Mortgage Co., LLC, Dry Creek Properties LLC, Magnolia Trust, Mallard Trust, Middletown Property Management, LLC(of Florida), Middletown Property Management, LLC(of Delaware), Mulberry Trust, New Orleans Trust, Ola Trust, Poinsettia Trust, Monier Rahall, Seventh Avenue Trust, The 409411 Cleveland Trust, Two STPT. (Rubaii, Jawdet) Modified text on 3/4/2024 (BD) |
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| Friday, February 23, 2024 | ||
| 18 | 18
order
Order
Fri 02/23 10:19 AM
ENDORSED ORDER setting hearing to address the Parties' statements regarding consolidation and procedural history (Docs. 8 , 9 , 10 ) in this and related cases. In-person conference set for March 13, 2024 at 1 p.m. in Tampa Courtroom 13B before Judge Kathryn Kimball Mizelle. Signed by Judge Kathryn Kimball Mizelle on 2/23/2024. (CMM) |
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| Wednesday, February 21, 2024 | ||
| 17 | 17
appeal
Notice of docketing bankruptcy appeal re Rule 8018
Wed 02/21 9:59 AM
NOTICE of docketing bankruptcy record on appeal advising counsel to comply with Rule 8018. Notice of appeal filed in U.S. District Court on 1/19/2024. (LNR) |
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| Friday, February 16, 2024 | ||
| 16 | 16
misc
Transcript
Fri 02/16 5:58 PM
BANKRUPTCY COURT TRANSCRIPT of Motion Hearing held on 12/29/23 before Judge Catherine Peek McEwen.(AG) |
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Att: 1
Transmittal
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| 15 | 15
misc
Transcript
Fri 02/16 5:55 PM
BANKRUPTCY COURT CORRECTIVE TRANSCRIPT of Motion Hearing held on 12/08/2023 before Judge Catherine Peek McEwen.(AG) |
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Att: 1
Transmittal
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| 14 | 14
misc
Transcript
Fri 02/16 5:52 PM
BANKRUPTCY COURT CORRECTIVE TRANSCRIPT of Motion Hearing held on 12/08/2023 before Judge Catherine Peek McEwen.(AG) |
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Att: 1
Transmittal
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| 13 | 13
misc
Certificate of Interested Persons and Corporate Disclosure Statement
Fri 02/16 4:44 PM
CERTIFICATE of interested persons and corporate disclosure statement by 1816 E. Wood Land Trust, ACM Trust, Aegis 13th Ave Trust, Aegis Asset Securitized LLC, Aegis Asset Trust, Aegis Capital Markets, Inc., Aegis Financial Advisors, Inc., Bonita Trust, Dry Creek Mortgage Co., LLC, Dry Creek Properties LLC, Magnolia Trust, Mallard Trust, Middletown Property Management, LLC(of Florida), Middletown Property Management, LLC(of Delaware), Mulberry Trust, New Orleans Trust, Ola Trust, Poinsettia Trust, Monier Rahall, Seventh Avenue Trust, The 409411 Cleveland Trust, Two STPT. (Rubaii, Jawdet) |
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| 12 | 12
appeal
Transmission of Bankruptcy appeal record
Fri 02/16 8:13 AM
BANKRUPTCY RECORD on appeal consisting of items as designated on transmittal Related document: 1 Bankruptcy Notice of Appeal filed by 1816 E. Wood Land Trust, Poinsettia Trust, ACM Trust, Two STPT, Dry Creek Properties LLC, New Orleans Trust, Bonita Trust, Aegis 13th Ave Trust, Magnolia Trust, Dry Creek Mortgage Co., LLC, The 409411 Cleveland Trust, Seventh Avenue Trust, Aegis Asset Securitized LLC, Aegis Capital Markets, Inc., Mallard Trust, Ola Trust, Monier Rahall, Mulberry Trust, Aegis Financial Advisors, Inc., Aegis Asset Trust, Middletown Property Management, LLC.(Miguenes, Guillermo) |
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Att: 1
2_Notice_of_Appeal,
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Att: 2
2a_Appeal_Cover_Sheet__Notice_of_Appeal_Filing_Fee_Paid__Filed_by_Jawdet_I_Rubai,
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Att: 3
3 Order on Appeal_Docket_000183_Order_Denying_Motion_for_Reconsideration_of_Order_Striking_in_Part_Appellants_Am,
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Att: 4
4_Appellant_Designation_of_Contents_for_Inclusion_in_Record_on_Appeal_and_Statemen,
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Att: 5
5_Appellee_Designation_of_Contents_for_Inclusion_in_Record_of_Appeal_Filed_by_Patt,
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Att: 6
8-22-ap-265_Docket_000176_Amended_Appellant_Designation_of_Contents_for_Inclusion_in_Record_on_Appeal_and,
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Att: 7
8-22-ap-265_Docket_000178_Order_Striking_in_Part_Appellants_Amended_Designation_of_Record_on_Appeal,
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Att: 8
8-22-ap-265_Docket_000179_Motion_for_Reconsideration_and_Rehearing_of_the_Order_Striking_in_Part_Appellant,
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Att: 9
8-22-ap-265_Docket_000182_Amended_Appellee_Designation_of_Contents_for_Inclusion_in_Record_of_Appeal_Filed,
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Att: 10
8-22-ap-265_Docket_000185_Transmittal_of_Record_on_Appeal_to_District_Court_Case_No_823-cv-02515,
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Att: 11
8-22-ap-265_Docket_000199_Motion_to_Extend_Time_to_File_a_Designation_of_Record_and_Statement_of_Issues_Fi,
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Att: 12
8-22-ap-265_Docket_000200_Order_Denying_Motion_to_Extend_Time_to_File_a_Designation_of_Record_and_Statemen
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| Friday, February 09, 2024 | ||
| 11 | 11
order
Order
Fri 02/09 1:33 PM
ENDORSED ORDER: As required by Local Rule 3.03, Appellants must file a Certificate of Interested Persons and Corporate Disclosure Statement identifying parties and interested corporations in which any assigned judge may be a shareholder, as well as for other matters that might require consideration of recusal. Appellants must file the foregoing by using the template attached to (Doc. 4 ) (also available on the undersigned's website under the "forms" tab). Appellants must file the Disclosure Statement and Certification no later than February 16, 2024. Signed by Judge Kathryn Kimball Mizelle on 2/9/2024. (CMM) |
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| Thursday, February 08, 2024 | ||
| 10 | 10
respoth
Response
Thu 02/08 4:13 PM
RESPONSE re 5 Order Joint Statement of Procedural History filed by 25th Avenue Land Trust, 56th Avenue Land Trust, Appian Land Trust, Chisholm Land Trust, Forty Eighth Land Trust, Gunstock Land Trust, Humphrey Land Trust, INXS VI, LLC, INXS VII, LLC, JJJ Family LLP, Lake Christiana Land Trust, David Lowrey, Manhattan Land Trust, Mulrennen Land Trust, Newport Land Trust, Nineth Street Land Trust, Nola Land Trust, Rajax Land Trust, Jamie A. Rand, Sensible Property Management, Inc., Takomah Trail Land Trust, Tyler Street Land Trust, Water Oak Land Trust, Wet Rock Land Trust. (Halloran, Patti) |
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| 9 | 9
respoth
Response
Thu 02/08 9:21 AM
RESPONSE re 5 Order Statement Regarding Consolidation filed by 25th Avenue Land Trust, 56th Avenue Land Trust, Appian Land Trust, Chisholm Land Trust, Forty Eighth Land Trust, Gunstock Land Trust, Humphrey Land Trust, INXS VI, LLC, INXS VII, LLC, JJJ Family LLP, Lake Christiana Land Trust, David Lowrey, Manhattan Land Trust, Mulrennen Land Trust, Newport Land Trust, Nineth Street Land Trust, Nola Land Trust, Rajax Land Trust, Jamie A. Rand, Sensible Property Management, Inc., Takomah Trail Land Trust, Tyler Street Land Trust, Water Oak Land Trust, Wet Rock Land Trust. (Halloran, Patti) |
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| Wednesday, February 07, 2024 | ||
| 8 | 8
respoth
Response
Wed 02/07 5:38 PM
RESPONSE re 5 Order Appellants' Statement on Position on Consolidation filed by 1816 E. Wood Land Trust, ACM Trust, Aegis 13th Ave Trust, Aegis Asset Securitized LLC, Aegis Asset Trust, Aegis Capital Markets, Inc., Aegis Financial Advisors, Inc., Bonita Trust, Dry Creek Mortgage Co., LLC, Dry Creek Properties LLC, Magnolia Trust, Mallard Trust, Middletown Property Management, LLC(of Florida), Middletown Property Management, LLC(of Delaware), Mulberry Trust, New Orleans Trust, Ola Trust, Poinsettia Trust, Monier Rahall, Seventh Avenue Trust, The 409411 Cleveland Trust, Two STPT. (Rubaii, Jawdet) |
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| Wednesday, January 31, 2024 | ||
| 7 | 7
notice
Notice of a Related Action
Wed 01/31 2:02 PM
NOTICE of a related action per Local Rule 1.07(c) by 25th Avenue Land Trust, 56th Avenue Land Trust, Appian Land Trust, Chisholm Land Trust, Forty Eighth Land Trust, Gunstock Land Trust, Humphrey Land Trust, INXS VI, LLC, INXS VII, LLC, JJJ Family LLP, Lake Christiana Land Trust, David Lowrey, Manhattan Land Trust, Mulrennen Land Trust, Newport Land Trust, Nineth Street Land Trust, Nola Land Trust, Rajax Land Trust, Jamie A. Rand, Sensible Property Management, Inc., Takomah Trail Land Trust, Tyler Street Land Trust, Water Oak Land Trust, Wet Rock Land Trust. Related case(s): Yes (Halloran, Patti) |
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| 6 | 6
misc
Certificate of Interested Persons and Corporate Disclosure Statement
Wed 01/31 2:00 PM
CERTIFICATE of interested persons and corporate disclosure statement by 25th Avenue Land Trust, 56th Avenue Land Trust, Appian Land Trust, Chisholm Land Trust, Forty Eighth Land Trust, Gunstock Land Trust, Humphrey Land Trust, INXS VI, LLC, INXS VII, LLC, JJJ Family LLP, Lake Christiana Land Trust, David Lowrey, Manhattan Land Trust, Mulrennen Land Trust, Newport Land Trust, Nineth Street Land Trust, Nola Land Trust, Rajax Land Trust, Jamie A. Rand, Sensible Property Management, Inc., Takomah Trail Land Trust, Tyler Street Land Trust, Water Oak Land Trust, Wet Rock Land Trust. (Halloran, Patti) |
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| Thursday, January 25, 2024 | ||
| 5 | 5
order
Order
Thu 01/25 9:36 AM
ENDORSED ORDER: The briefing schedule under Federal Rule of Bankruptcy Procedure 8018 is hereby STAYED until further order of the Court. No later than February 7, 2024, the parties shall each file a statement, not to exceed 3 pages, that sets forth their position on consolidation with the following related bankruptcy appeals: Case No. 23-cv-2473; Case No. 23-cv-2515; and Case No. 23-cv-2516. By the same date, the parties shall file a joint statement, not to exceed 10 pages, providing a brief summary of the relevant procedural history of this appeal. Signed by Judge Kathryn Kimball Mizelle on 1/25/2024. (CMM) |
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| 4 | 4
order
Standing Order
Thu 01/25 9:34 AM
CIVIL CASE STANDING ORDER. Each Party must file a Corporate Disclosure Statement using the standard template attached to this Order (also available on the undersigned's website under the "forms" tab) within fourteen days. Signed by Judge Kathryn Kimball Mizelle on 1/25/2024. (CMM) |
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| 3 | 3
utility
Case Assigned/Reassigned
Thu 01/25 8:38 AM
Case Reassigned to Judge Kathryn Kimball Mizelle. New case number: 8:24-cv-178-KKM. Judge Thomas P. Barber no longer assigned to the case. (JNB) |
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| Tuesday, January 23, 2024 | ||
| 2 | 2
order
Order
Tue 01/23 4:24 PM
ENDORSED ORDER: Pursuant to Local Rule 1.07(a)(2)(A), this case is transferred to the Honorable Kathryn Kimball Mizelle, with her consent, for all further proceedings. Signed by Judge Thomas P. Barber on 1/23/2024. (ANL) |
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| Friday, January 19, 2024 | ||
| 1 | 1
appeal
Bankruptcy Notice of Appeal
Tue 01/23 10:21 AM
BANKRUPTCY notice of appeal by 1816 E. Wood Land Trust, ACM Trust, Aegis 13th Ave Trust, Aegis Asset Securitized LLC, Aegis Asset Trust, Aegis Capital Markets, Inc., Aegis Financial Advisors, Inc., Bonita Trust, Dry Creek Mortgage Co., LLC, Dry Creek Properties LLC, Magnolia Trust, Mallard Trust, Middletown Property Management, LLC(of Florida), Middletown Property Management, LLC(of Delaware), Mulberry Trust, New Orleans Trust, Ola Trust, Poinsettia Trust, Monier Rahall, Seventh Avenue Trust, The 409411 Cleveland Trust, Two STPT. Bankruptcy Court case number 8:22-ap-00265-CPM. Filed in Bankruptcy Court on 01/18/2024.(KME) |
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Att: 1
Appeal Cover Sheet,
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Att: 2
Transmittal
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