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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)