ORDER granting 27 Motion for Pro hac vice Jay Eric Kagan for movant parties BlueWave Healthcare Consultants, Inc. and 13F4D54. Signed by District Judge Henry E. Hudson on 7/7/2021. (jpow, )
Motion to appear Pro Hac Vice by Jay E. Kagan and Certification of Local Counsel Daniel J. Dugan Filing fee $ 75, receipt number AVAEDC-7872414. by BlueWave Healthcare Consultants Inc., 13F4D54. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Dugan, Daniel)
LIQUIDATING TRUSTEES RESPONSE TO BLUEWAVE HEALTHCARE CONSULTANTS, INC. AND 13F4D54 IIIS OBJECTION TO THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW RECOMMENDING THAT THE DISTRICT COURT GRANT THE LIQUIDATING TRUSTEES MOTION FOR PARTIAL SUMMARY JUDGMENT re 24 BLUEWAVE HEALTHCARE CONSULTANTS, INC. AND 13F4D54 III'S OBJECTION TO THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW re 19 Proposed Findings of Fact. (tjoh, )
BLUEWAVE HEALTHCARE CONSULTANTS, INC. AND 13F4D54 III'S OBJECTION TO THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW re 19 Proposed Findings of Fact. (tjoh, )
Stipulation and Agreed Order Extending Time to Respond to Proposed Findings of Facts and Conclusions of Law. Signed by Kevin R. Huennekens, U.S. Bankruptcy Judge on 06/04/2021. (tjoh, )
ORDER granting 20 Motion to Substitute Attorney. Added attorney Robert R. Vieth,Robert Schaefer Westermann,David I Swan,Franklin Robert Cragle, III,Brittany Berlauk Falabella for Richard Arrowsmith, Liquidating Trustee. Attorney Cullen Drescher Speckhart terminated. Signed by District Judge Henry E. Hudson on 6/17/2021. (jpow, )
Proposed Findings of Fact and Conclusions of Law. The Bankruptcy Court recommends that the District Court grant the Summary Judgment Motion as set forth herein, including (i) entering a declaratory judgment that the Blue Wave Agreement is unenforceable as a matter of law; (ii) disallowing the Blue WavePOC in full; (iii) entering judgment against 13F4D54 in the amount of $720,661.00, plus applicable interest, on account of the Liquidating Trustee's fraudulent conveyance claims in counts 2 and 4 of the D&O Complaint; and (iv) entering judgment against BlueWave in the amount of $220,336,247.91, plus applicable interest, on account of the Liquidating Trustee's fraudulent conveyance claims in counts 38 and 40 of the D&O Complaint. The Bankruptcy Court recommends that the District Court refer the Adversary Proceeding back to the Bankruptcy Court for final disposition in accordance with the District Court's Order Denying Motion to Withdraw. See for complete details. (sbea, )
NOTICE of Filing Motion for Issuance of Report and Recommendation for Withdrawal of Reference for Purposes of Jury Trial by 7ECF76A, A1B93DA, 9E8A4C9, 5A68806, 2EB621D, BB0F388, 55CF964, 1EFF07C, FF8502C, 78B435F, 298EEAA (Attachments: # 1 Motion, # 2 Memorandum in Support)(Dumville, S.)
NOTICE of Appearance by Alan Douglas Bart on behalf of 7ECF76A, A1B93DA, 9E8A4C9, 5A68806, 2EB621D, BB0F388, 55CF964, 1EFF07C, FF8502C, 78B435F, 298EEAA (Bart, Alan)
NOTICE of Appearance by Douglas Edward Pittman on behalf of 7ECF76A, A1B93DA, 9E8A4C9, 2EB621D, BB0F388, 55CF964, 1EFF07C, FF8502C, 78B435F, 298EEAA (Pittman, Douglas)
ORDER. (Denying Motion for Entry of Amended Order) THIS MATTER is before the Court on Defendants 2A00EB2, et aVs Motion for Entry of Amended Order (Dist. Ct. Case No. 3:17-cv-399-HEH, ECF No. 7) and Defendants Patrick W. Colberg, Nicole Finn, and Leigha Stream's notice of Joinder to Motion for Entry of Amended Order (Dist. Ct. Case No. 3:17-cv-400-HEH, ECF No. 10). Having already amended the Order that was the subject of Defendants' Motion, the Court hereby DENIES the Motion (ECF No. 7) AS MOOT. Signed by District Judge Henry E. Hudson on 08/22/2017. (tjoh, )
AMENDED ORDER (Denying Motions to Withdraw the Reference). THIS MATTER came before the Court on three Motions to Withdraw the Reference of this adversarial proceeding from the Bankruptcy Court to the District Court. For the reasons stated in the Memorandum Opinion issued on July 19,2017 (Bankr. Doc. 345), the Motions are DENIED. The Bankruptcy Court is DIRECTED to issue a Report and Recommendation at the conclusion of the pretrial phase of this adversarial proceeding. The Bankruptcy Court shall recommend whether any motions for summary judgment of non-core matters should be granted by the District Court and whether the reference should be withdrawn for trial by jury. In the case of any summary judgment motions filed before the conclusion of the pretrial phase, the Bankruptcy Court may issue its Report and Recommendation whenever such motions are ripe for disposition. Signed by District Judge Henry E. Hudson on 08/22/2017. (tjoh, )
Opposition to 7 MOTION to Amend/Correct (Motion for Entry of Amended Order and Memorandum in Support) filed by Richard Arrowsmith, Liquidating Trustee. (Speckhart, Cullen)
ORDER denying 1 Motion to Withdraw the Reference. The Bankruptcy Court is DIRECTED to issue a Report and Recommendation at the conclusion of the pretrial phase of this adversarial proceeding. The Bankruptcy Court shall recommend whether any motions for summary judgment of non-core matters should be granted by the District Court and whether the reference should be withdrawn for trial by jury. It is so ORDERED. Signed by District Judge Henry E. Hudson on 7/19/2017. Memorandum Opinion and Order were distributed as directed. (sbea, )
ORDER REGARDING PROCEDURES FOR SETTLEMENT CONFERENCE. The Court has scheduled this case for settlement conferences on August 8, 9, 28 and September 1, 2017 at 9:30 a.m. Unless excused by order of the Court, the parties shall report as set forth below to the chambers of United States Magistrate Judge David J. Novak, or elsewhere as directed by the Court (please see Order for additional information.) If the matter is not settled, the Court will simply inform the designated trial judge that the matter was not resolved despite the parties' good faith efforts (provided that the parties comply with the conditions of this Order and act in good faith during the settlement conference). It is so ORDERED. Signed by Magistrate Judge David J. Novak on 06/16/2017. Copy forwarded to the Clerk, United States Bankruptcy Court. (walk, )
ORDER that the Clerk of the Court is hereby directed to open a miscellaneous case number for mediation purposes only pertaining to the following cases: Civil Case 3:17cv399, 3:17cv400, 3:17cv409, and 3:17cv413 ("District Court Cases") as well as Bankruptcy Case No. 15-32919 and Adversary Proceeding No. 16-03271 from Richmond Division, U.S. Bankruptcy Court for the EDVA ("Bankruptcy Cases"). The Clerk is directed to distribute any filings entered on the docket in the miscellaneous case to all parties in all of the District Court Cases and to the Clerk for the Richmond Division, U.S. Bankruptcy Court shall enter such filings on the docket in the above-referenced adversary proceeding and send notice to all parties therein. Further, the Court ORDERS that settlement conference and proceedings in the above-referenced matters are referred to U.S. Magistrate Judge David J. Novak. The parties shall file any court pleadings related to mediation -- and only those filings related to mediation -- under the miscellaneous case number, with the exception of any ex parte confidential settlement memoranda, which the parties shall submit directly to chambers of the appropriate settlement judge. (SEE ORDER FOR DETAILS). Signed by District Judge Henry E. Hudson on 6/12/2017. (Copy of Order sent to U.S. Magistrate Judge Novak, U.S. Bankruptcy Judge Santoro, and U.S. Bankruptcy Judge Huennekens and Clerk of USBC to notify all counsel of record accordingly.)(jtho, )
MOTION for Withdrawal of Reference by 2A00EB2, 7ECF76A, A1B93DA, 9E8A4C9, 5A68806, CDC1512, 2EB621D, 1E4AF5C, DF1CA0B, BB0F388, 55CF964, 1EFF07C, 7962E3E, FF8502C, 78B435F, 276C4FF, 298EEAA, 04A75B6, and B50D0EF filed together with USBC Transmittal, Docket Report, and Designation of Record. (Attachments: # 1 Designation of Record - Part 1, # 2 Designation of Record - Part 2, # 3 Designation of Record - Part 3, # 4 Designation of Record - Part 4, # 5 Designation of Record - Part 5, # 6 Designation of Record - Part 6, # 7 Designation of Record - Part 7, # 8 Designation of Record - Part 7A, # 9 Designation of Record - Part 7B, # 10 Designation of Record - Part 8, # 11 Designation of Record - Part 9, # 12 Designation of Record - Part 10, # 13 Designation of Record - Part 11A, # 14 Designation of Record - Part 11B, # 15 Designation of Record - Part 11C, # 16 Designation of Record - Part 12, # 17 Designation of Record - Part 13). (sbea, )
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