DEBTORS' NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE: PLEASE TAKE NOTICE that pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure and Federal Rule of Bankruptcy Procedure 41, Plaintiff Debtors hereby dismiss the above-captioned adversary proceeding without prejudice. No answer or motion for summary judgment has been filed in this case. ENDORSEMENT: The Clerk of Court is requested to close this case and terminate all motions. (Signed by Judge Laura Taylor Swain on 5/31/2013) (ft) (Entered: 06/03/2013)
DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Federal Deposit Insurance Corp.. Document filed by All Plaintiffs. (Haims, Joel) Modified on 5/31/2013 (jno). (Entered: 05/30/2013)
Letter addressed to Judge Laura Taylor Swain from Kathryn E. Matthews dated 5/28/2013 re: Pursuant to the Court's Order of May 24, 2013, we write to advise the Court as to how the recently announced settlement between Ally Financial Inc. and the debtors in the Residential Capital bankruptcy proceedings affects this case. Document filed by Federal Deposit Insurance Corp. (ft) (Entered: 05/29/2013)
ORDER: The press has reported that Ally Financial Inc. and Residential Capital, LLC have settled the litigation between the two parties that was pending in the United States Bankruptcy Court before Judge Martin Glenn. The parties are hereby directed to submit a joint letter advising the Court, to what extent that settlement agreement, if approved, affects the above action pending before this Court by Wednesday, May 29, 2013. (Signed by Judge Laura Taylor Swain on 5/24/2013) (ft) (Entered: 05/24/2013)
ENDORSED LETTER addressed to Judge Laura Taylor Swain from Mark B. Holton dated 4/8/2013 re: Counsel requests that the status conference currently scheduled for 10:00 a.m. on Friday, April 26, 2013, be adjourned to a date that it is convenient for the Court. The defendants join in this request. ENDORSEMENT: The April 26, 2013 conference for cases 12 Civ 4000 and 12 Civ 5360 is adjourned to July 26, 2013, at 10:30 AM and the related deadlines are modified accordingly. (Status Conference set for 7/26/2013 at 10:30 AM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 4/8/2013) (ft) (Entered: 04/09/2013)
ENDORSED LETTER addressed to Judge Laura Taylor Swain from Kathryn E. Matthews dated 1/15/2013 re: Counsel requests that the status conference scheduled for 10:00 a.m. on Friday, January 18, 2013, be adjourned to a date that is convenient for the Court. ENDORSEMENT: The conference is adjourned to April 26, 2013, at 10:00 AM. (Status Conference set for 4/26/2013 at 10:00 AM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 1/15/2013) (ft) (Entered: 01/15/2013)
CERTIFICATE OF SERVICE of Reply Memorandum of Law in Support of the FDIC's Motion to Dismiss; Declaration of Kathryn E. Matthews in Support of the FDIC's Reply Memorandum and Related Exhibits served on All Plaintiffs on 12/21/2012. Service was made by ECF. Document filed by Federal Deposit Insurance Corp.. (Holton, Mark) (Entered: 12/21/2012)
CERTIFICATE OF SERVICE of Motion to Dismiss. Service was made by Mail. Document filed by Federal Deposit Insurance Corp.. (Holton, Mark) (Entered: 12/03/2012)
MOTION to Dismiss. Document filed by Federal Deposit Insurance Corp.. (Attachments: # 1 Notice of Hearing on Motion to Dismiss)(Holton, Mark) (Entered: 12/03/2012)
ORDER: Plaintiffs are directed to file, no later than December 5, 2012, a copy of the Complaint that they filed in Bankruptcy Court, under case number 12-mg-1671, in this Court under case number 12 civ. 5360. Defendant Federal Deposit Insurance Corporation must file a copy of its motion to dismiss under Civil Action No. 12 Civ. 5360 in this Court also no later than December 5, 2012. All opposition and reply papers on the motion must be filed under the same docket number. The Clerk of Court is directed to change the caption of this action to reflect the Federal Deposit Insurance Corporation as the sole defendant. (Signed by Judge Laura Taylor Swain on 11/30/2012) (js) (js). (Entered: 12/03/2012)
ENDORSED LETTER addressed to Judge Laura Taylor Swain from Joel C. Haims dated 11/20/2012 re: Counsel for the plaintiff Residential Capital, LLC and co-plaintiff debtors int he above captioned action writes to request a two-week extension of time for Debtors to respond to the FDIC's Motion to Dismiss until December 5, 2012 and request that the FDIC's time to file their reply in support of their Motion to dismiss be extended to December 21, 2012. ENDORSEMENT: The requests are granted. So Ordered., ( Responses due by 12/5/2012, Replies due by 12/21/2012.) (Signed by Judge Laura Taylor Swain on 11/20/2012) (ago) (Entered: 11/21/2012)
ORDER granting 1 Motion to Withdraw Bankruptcy Reference. the motion to withdraw the reference ofthe Adversary Proceeding insofar as it seeks relief against the FDIC is granted. The conference, currently scheduled for Thursday, September 27, 2012 at 4:30 p.m. in this matter is cancelled. A status conference is hereby calendared for January 18,2013, at 10:00 a.m. Opposition papers to the pending motion to dismiss the complaint are currently due on November 21,2012. Any reply papers must be filed by December 7,2012. Courtesy copies of all motion papers must be provided for the Chambers of the undersigned. (Signed by Judge Laura Taylor Swain on 9/26/2012) (pl) (Entered: 09/26/2012)
DECLARATION of Maria Heifetz in Support re: 1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 12-1671A, 12-B-10202 (ALG).. Document filed by Federal Deposit Insurance Corp.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Holton, Mark) (Entered: 08/09/2012)
REPLY MEMORANDUM OF LAW in Support re: 1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 12-1671A, 12-B-10202 (ALG).. Document filed by Federal Deposit Insurance Corp.. (Holton, Mark) (Entered: 08/09/2012)
ORDER re motion to withdraw the bankruptcy reference filed today: that the motion shall be briefed in accordance with the timetable set in the S.D.N.Y. Local Civil Rule 6.1, and will be taken on submission unless the Court informs the parties that oral argument is desired; and further ORDERED, that a conference will be held, if necessary, on September 27, 2012 at 4:30pm. (Signed by Judge Laura Taylor Swain on 7/16/2012) (cd) (Entered: 07/17/2012)
DECLARATION of Kathryn E. Matthews in Support re: 1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 12-1671A, 12-B-10202 (ALG).. Document filed by Federal Deposit Insurance Corp.. (Attachments: # 1 Exhibit A, # 2 Exhibit B - Part 1, # 3 Exhibit B - Part 2)(bkar) (Entered: 07/11/2012)
MEMORANDUM OF LAW in Support re: 1 MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 12-1671A, 12-B-10202 (ALG).. Document filed by Federal Deposit Insurance Corp.. (bkar) (Entered: 07/11/2012)
MOTION TO WITHDRAW THE BANKRUPTCY REFERENCE. Bankruptcy Court Case Numbers: 12-1671A, 12-B-10202 (ALG).Document filed by Federal Deposit Insurance Corp.(bkar) (Entered: 07/11/2012)
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