In Re: Cynthia Carssow Franklin

Federal Civil Lawsuit New York Southern District Court, Case No. 7:15-cv-01701
District Judge Kenneth M. Karas, presiding
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District Judge Kenneth M. Karas
Last Updated January 26, 2017 at 10:41 AM EST (8.9 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Cynthia Carssow Franklin, Appellee

Represented by Linda M. Tirelli and Westchester Legal Credit Solutions Inc.

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Linda Marie Tirelli +1 914 946 0860 +1 914 946 0870 LindaTireli@theGTCFirm.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Linda Marie Tirelli +1 914 946 0860 +1 914 946 0870 LindaTireli@theGTCFirm.com
No Logo Cynthia Carssow Franklin, Debtor
No Logo Cynthia Carssow Franklin, In Re
Wells Fargo Bank, NA Wells Fargo Bank, NA, Appellant
Officer/Director, NORWEST CORP
Officer/Director, Day Runner, Inc.
Officer/Director, Yucca Uranium Inc
Officer/Director, Munienhanced Fund Inc

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Nicole E. Schiavo +1 212 918 3000 +1 212 918 3100 nicole.schiavo@hoganlovells.com

Represented by Hogan & Hartson, LLP

Name Phone Fax E-Mail
Space David Dunn +1 212 918 3515 +1 212 918 3100 david.dunn@hoganlovells.com

Represented by Hogan Lovells US LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Nicole E. Schiavo +1 212 918 3000 +1 212 918 3100 nicole.schiavo@hoganlovells.com
Attributes
Citation Unknown
Nature of Suit 422 - Bankruptcy Appeals, Rule 28 U.S.C. ยง 158
Timeline
  Entries (27) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 27 Filed: 9/30/2016, Entered: None Unknown Document Type
CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated September 30, 2016, the Order of the Bankruptcy Court is hereby affirmed in part and denied in part; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/30/2016) (Attachments: # 1 Right to Appeal, # 2 Right to Appeal)(km) (Entered: 10/03/2016)
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Blank 26 Filed: 9/30/2016, Entered: None Unknown Document TypeCourt Filing
OPINION AND ORDER. The judgment of the Bankruptcy Court is affirmed in part and reversed in part. The Clerk of the Court is respectfully requested to close this case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/30/16) (yv) (Entered: 09/30/2016)
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Legal Document (Payment Possibly Required) 25 Filed: 5/13/2016, Entered: None Court Filing
LETTER addressed to Judge Kenneth M. Karas from David Dunn dated 5/13/2016 re: Appeal Status Letter. Document filed by Wells Fargo Bank, NA.(Dunn, David) (Entered: 05/13/2016)
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Legal Document (Payment Possibly Required) 24 Filed: 7/24/2015, Entered: None
Appellant's REPLY BRIEF. Document filed by Wells Fargo Bank, NA. (Dunn, David) (Entered: 07/24/2015)
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Legal Document (Payment Possibly Required) 23 Filed: 6/26/2015, Entered: None
NOTICE of Certificate of Service re: 20 Appellee's Brief, 22 Appellee's Brief,,,,. Document filed by Cynthia Carssow Franklin. (Tirelli, Linda) (Entered: 06/26/2015)
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Legal Document (Payment Possibly Required) 22 Filed: 6/25/2015, Entered: None
Appellee's BRIEF. Document filed by Cynthia Carssow Franklin. Appellant Reply Brief due by 7/9/2015. (Attachments: # 1 Appendix Table of Contents, # 2 Appendix Appendix 1 pt 1, # 3 Appendix Appendix 1 pt 2, # 4 Appendix Appendix 2 pt 1, # 5 Appendix Appendix 2 pt 2, # 6 Appendix Appendix 3 pt 1, # 7 Appendix Appendix 3 pt 2, # 8 Appendix Appendix 3 pt 3, # 9 Appendix Appendix 3 pt 4, # 10 Appendix Appendix 4, # 11 Appendix Appendix 5 pt 1, # 12 Appendix Appendix 5 pt 2, # 13 Appendix Appendix 6 pt 1, # 14 Appendix Appendix 6 pt 2, # 15 Appendix Appendix 6 pt 3, # 16 Appendix Appendix 6 pt 4, # 17 Appendix Appendix 7 pt 1, # 18 Appendix Appendix 7 pt 2, # 19 Appendix Appendix 7 pt 3, # 20 Appendix Appendix 7 pt 4, # 21 Appendix Appendix 7 pt 5, # 22 Appendix Appendix 7 pt 6, # 23 Appendix Appendix 8 pt 1, # 24 Appendix Appendix 8 pt 2, # 25 Appendix Appendix 8 pt 3, # 26 Appendix Appendix 8 pt 4, # 27 Appendix Appendix 9 pt 1, # 28 Appendix Appendix 9 pt 2, # 29 Appendix Appendix 9 pt 3, # 30 Appendix Appendix 10 pt 1, # 31 Appendix Appendix 10 pt 2, # 32 Appendix Appendix 11 pt 1, # 33 Appendix Appendix 11 pt 2)(Tirelli, Linda) (Entered: 06/25/2015)
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Legal Document (Payment Possibly Required) 21 Filed: 6/24/2015, Entered: None
Appellee's BRIEF. Document filed by Cynthia Carssow Franklin. Appellant Reply Brief due by 7/8/2015. (Tirelli, Linda) (Entered: 06/24/2015)
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Legal Document (Payment Possibly Required) 20 Filed: 6/24/2015, Entered: None
Appellee's BRIEF. Document filed by Cynthia Carssow Franklin. Appellant Reply Brief due by 7/8/2015. (Tirelli, Linda) (Entered: 06/24/2015)
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Legal Document (Payment Possibly Required) 19 Filed: 5/11/2015, Entered: None
Appellant's BRIEF. Document filed by Wells Fargo Bank, NA. Appellee Brief due by 6/10/2015. (Attachments: # 1 Appendix Volume 1 - Part 1, # 2 Appendix Volume 1 - Part 2, # 3 Appendix Volume 1 - Part 3, # 4 Appendix Volume 1 - Part 4, # 5 Appendix Volume 1 - Part 5, # 6 Appendix Volume 1 - Part 6, # 7 Appendix Volume 1 - Part 7, # 8 Appendix Volume 1 - Part 8, # 9 Appendix Volume 1 - Part 9, # 10 Appendix Volume 1 - Part 10, # 11 Appendix Volume 1 - Part 11, # 12 Appendix Volume 1 - Part 12, # 13 Appendix Volume 1 - Part 13, # 14 Appendix Volume 2 - Part 1, # 15 Appendix Volume 2 - Part 2)(Dunn, David) (Entered: 05/11/2015)
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Legal Document (Payment Possibly Required) 18 Filed: 5/11/2015, Entered: None
NOTICE OF APPEARANCE by David Dunn on behalf of Wells Fargo Bank, NA. (Dunn, David) (Entered: 05/11/2015)
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Legal Document (Payment Possibly Required) 17 Filed: 5/6/2015, Entered: None Court Filing
MEMO ENDORSEMENT on 15 RESPONSE in Opposition to Motion re: 9 LETTER MOTION for Extension of Time to respond to Appellant's Letter Motion addressed to Judge Kenneth M. Karas from Linda M Tirelli dated April 17, 2015. ENDORSEMENT: The Court denies the re-consideration motion. Judge Drain's citation to and reliance on the Kennerty Deposition has publicized those portions of the depositions. Thus, the proverbial cat is out of the bag, and Wells Fargo made no application to Judge Drain to put it back in the bag. So Ordered. (Signed by Judge Kenneth M. Karas on 5/6/2015) (lnl) (Entered: 05/06/2015)
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Legal Document (Payment Possibly Required) 16 Filed: 5/4/2015, Entered: None
REPLY re: 12 Letter, 13 Memo Endorsement, Response in Opposition to Appellant's Letter Request for this Court to reconsider prior memo endorsement. THIS DOCUMENT REPLACES ECF DOC 15 WHICH WAS FILED UNDER INCORRECT EVENT CODE IN ERROR.. Document filed by Cynthia Carssow Franklin. (Attachments: # 1 Exhibit Sample of Citation to J Drain's Memo relyingon the Depo of John Kennerty)(Tirelli, Linda) (Entered: 05/04/2015)
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Legal Document (Payment Possibly Required) 15 Filed: 5/4/2015, Entered: None Court Filing
RESPONSE in Opposition to Motion re: 9 LETTER MOTION for Extension of Time to respond to Appellant's Letter Motion addressed to Judge Kenneth M. Karas from Linda M Tirelli dated April 17, 2015. This Is a Response by Appellee in Opposition to Pending Letter Request by Wells Fargo for reconsieration. Document filed by Cynthia Carssow Franklin. (Attachments: # 1 Exhibit Sample of Current Case Citing J Drains Reference to the John Kennerty Deposition)(Tirelli, Linda) (Entered: 05/04/2015)
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Legal Document (Payment Possibly Required) 14 Filed: 4/29/2015, Entered: None Court Filing
STIPULATION REGARDING REVISED BRIEFING SCHEDULE: Appellant Wells Fargo Bank, N.A. and Appellee Cynthia Carssow-Franklin, pursuant to Rule VI of the Court's Individual Rules of Practice, hereby stipulate and agree to the following revised briefing schedule for this bankruptcy appeal given the Court's order of April 27, 2015 (Dkt. 13) directing Appellee to respond to Appellant's request for reconsideration (Dkt. 12) regarding filing a portion of the proposed Joint Appendix under seal by May 4, 2015: Appellant's Opening Brief: 3 business days after the Court rules on Appellant's reconsideration request, filed at Dkt. 12; Appellee's Response Brief: 45 days after Appellant's Opening Brief; Appellant's Reply Brief: 30 days after Appellee's Response Brief. ENDORSEMENT: So Ordered. (Signed by Judge Kenneth M. Karas on 4/27/2015) (lnl) (Entered: 04/29/2015)
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Legal Document (Payment Possibly Required) 13 Filed: 4/27/2015, Entered: None Court Filing
MEMO ENDORSEMENT on 12 LETTER addressed to Judge Kenneth M. Karas from David Dunn dated 04/24/2015 re: 8 11 Letter Request to Reconsider Denial of April 17 Letter Request to File Deposition Under Seal as Part of Bankruptcy Appeal Appendix. ENDORSEMENT: Appellee is to respond to this letter by May 4, 2015. SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/27/2015) (lnl) (Entered: 04/27/2015)
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Legal Document (Payment Possibly Required) 12 Filed: 4/24/2015, Entered: None Court Filing
LETTER addressed to Judge Kenneth M. Karas from David Dunn dated 04/24/2015 re: 8 11 Letter Request to Reconsider Denial of April 17 Letter Request to File Deposition Under Seal as Part of Bankruptcy Appeal Appendix. Document filed by Wells Fargo Bank, NA. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Dunn, David) (Entered: 04/24/2015)
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Legal Document (Payment Possibly Required) 11 Filed: 4/23/2015, Entered: None Court Filing
MEMO ENDORSEMENT on re: 8 Letter filed by Wells Fargo Bank, NA. ENDORSEMENT: The order on which Appellant's reply prohibited the public disclosure of the transcript of Kennerty's deposition " until the deposition and related exhibits [were] determined to be admissible by the United States Bankruptcy Court for the Southern District of New York, Rules." In its January 28, 2015 decision the Bankruptcy Court relied heavily on and aired to Kennerty's deposition transcript. The Court is at a loss, then, to understand Appellant's representation that the transcript remains under seal. Accordingly, Appellant's request that the "transcript should... remain under seal during this appeal" is denied. (Signed by Judge Kenneth M. Karas on 4/22/2015) (rj) (Entered: 04/23/2015)
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Sealed Legal Document 10 Filed: 4/20/2015, Entered: None Court Filing
RESPONSE in Opposition to Motion re: 9 LETTER MOTION for Extension of Time to respond to Appellant's Letter Motion addressed to Judge Kenneth M. Karas from Linda M Tirelli dated April 17, 2015. This is a Motion Objecting to the Letter Motion filed by Appellant on 4/17/15 requesting the Deposition Transcript of Herman John Kennerty be filed Under Seal. Document filed by Cynthia Carssow Franklin. (Tirelli, Linda) (Entered: 04/20/2015)
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Legal Document (Payment Possibly Required) 9 Filed: 4/17/2015, Entered: None Court Filing
LETTER MOTION for Extension of Time to respond to Appellant's Letter Motion addressed to Judge Kenneth M. Karas from Linda M Tirelli dated April 17, 2015. Document filed by Cynthia Carssow Franklin.(Tirelli, Linda) (Entered: 04/17/2015)
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Legal Document (Payment Possibly Required) 8 Filed: 4/17/2015, Entered: None Court Filing
LETTER addressed to Judge Kenneth M. Karas from David Dunn dated 04/17/2015 re: Request to allow Wells Fargo to file the transcript of Herman John Kennerty's Deposition under seal. Document filed by Wells Fargo Bank, NA.(Dunn, David) (Entered: 04/17/2015)
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Legal Document (Payment Possibly Required) 7 Filed: 4/1/2015, Entered: None Court Filing
STIPULATION REGARDING BRIEFING SCHEDULE: Appellant Wells Fargo Bank. N.A. and Appellee Cynthia Carssow-Franklin, pursuant to Rule VI of the Court's Individual Rules of Practice, hereby stipulate and agree to the followingbriefing schedule tor this bankruptcy appeal: Appellant's Opening Brief: April29, 2015. Appellee's Response Brief: June 19, 2015. Appellant's Reply Brief: July 12, 2015. ENDORSEMENT: So Ordered. (Appellant's Opening Brief due by 4/29/2015. Appellee's Response Brief due by 6/19/2015. Appellant's Reply Brief due by 7/12/2015.) (Signed by Judge Kenneth M. Karas on 4/1/2015) (lnl) (Entered: 04/02/2015)
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Legal Document (Payment Possibly Required) 6 Filed: 3/30/2015, Entered: None
FIRST DESIGNATION OF BANKRUPTCY RECORD ON APPEAL Document filed by Debtor Cynthia Carssow Franklin. (Tirelli, Linda) (Entered: 03/30/2015)
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Legal Document (Payment Possibly Required) 5 Filed: 3/19/2015, Entered: None Court Filing
STIPULATION REGARDING DESIGNATION OF APPELLEE'S RECORD: Appellant Wells Fargo Bank, N.A. and Appellee Cynthia Carssow-Franklin, pursuant to Rule VI of the Court's Individual Rules of Practice, hereby stipulate and agree to the following schedule for extending the deadline for Appellee's designation of record pertaining to this bankruptcy appeal: Appellee's Designation of Record March 31, 2015. ENDORSEMENT: SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/19/2015) (lnl) (Entered: 03/19/2015)
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Legal Document (Payment Possibly Required) 4 Filed: 3/18/2015, Entered: None
NOTICE of Stipulation to extend time for Appellee to file Designation of Record. Document filed by Cynthia Carssow Franklin. (Tirelli, Linda) (Entered: 03/18/2015)
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Legal Document (Payment Possibly Required) 3 Filed: 3/9/2015, Entered: None
CIVIL COVER SHEET filed. (bkmc) (Entered: 03/10/2015)
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Legal Document (Payment Possibly Required) 2 Filed: 3/9/2015, Entered: None
DESIGNATION OF BANKRUPTCY RECORD ON APPEAL re: 1 Bankruptcy Appeal. Document filed by Appellant Wells Fargo Bank, NA. (bkmc) (Entered: 03/09/2015)
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Legal Document (Payment Possibly Required) 1 Filed: 3/9/2015, Entered: None Court Filing
NOTICE OF APPEAL FROM THE BANKRUPTCY COURT TO THE S.D.N.Y. from the Order of Judge Robert D. Drain dated February 9, 2015. Bankruptcy Court Case Numbers: 10-B-20010 (RDD). Document filed by Wells Fargo Bank, NA. (Attachments: # 1 Order signed 2/9/2015 by U.S. Bankruptcy Judge Robert D. Drain)(bkmc) (Entered: 03/09/2015)
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