FB1EBA8 v. Richard Arrowsmith, Liquidating Trustee

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 3:17-cv-00409
District Judge Henry C. Morgan, Jr, presiding
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District Judge Henry C. Morgan, Jr
Last Updated July 30, 2025 at 1:50 AM EDT (4.4 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Richard Arrowsmith, Liquidating Trustee, Respondent

Represented by Cooley LLP

Name Phone Fax E-Mail
Space Cullen Drescher Speckhart cspeckhart@cooley.com

Represented by Hirschler Fleischer PC (Tysons)

Name Phone Fax E-Mail
Space Robert R. Vieth rvieth@hirschlerlaw.com

Represented by HIRSCHLER FLEISCHER, PC

Name Phone Fax E-Mail
Space Brittany Berlauk Falabella bfalabella@hirschlerlaw.com
Space Franklin Robert Cragle , III fcragle@hf-law.com
Space Robert Schaefer Westermann rwestermann@hirschlerlaw.com

Represented by McGuireWoods LLP (McLean-NA)

Name Phone Fax E-Mail
Space David I Swan
Other Parties
No Logo Anonymized Party [13F4D54], Movant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Daniel James Dugan
Space Jay Eric Kagan
No Logo Anonymized Party [FB1EBA8], Movant

Represented by Kaufman & Canoles, PC

Name Phone Fax E-Mail
Space Dennis Thomas Lewandowski dtlewand@kaufcan.com
No Logo Bluewave Healthcare Consultants, Inc., Movant

Represented by Dilworth Paxson LLP (NA)

Name Phone Fax E-Mail
Space Jay Eric Kagan jkagan@dilworthlaw.com

Represented by Spector Gadon & Rosen

Name Phone Fax E-Mail
Space Daniel James Dugan ddugan@sgrvlaw.com
No Logo USBC-Richmond (United States Bankruptcy Court), Interested party
Attributes
Nature of Suit 423 - Bankruptcy Withdrawal, Rule 28 U.S.C. ยง 157
Cause Unknown
Jurisdiction Federal Question
Case Status open
Jury Demand None
Anonymization By SCALES
Timeline
  Entries (21) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 19 Filed: 7/7/2021, Entered: 7/7/2021 Court Filing
ORDER granting 18 Motion for Pro hac vice Jay Eric Kagan for movants, BlueWave Healthcare Consultants, Inc. and 13F4D54. Signed by District Judge Henry E. Hudson on 7/7/2021. (jpow, )
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Legal Document (Payment Possibly Required) 18 Filed: 7/2/2021, Entered: 7/2/2021
Motion to appear Pro Hac Vice by Jay E. Kagan and Certification of Local Counsel Daniel J. Dugan Filing fee $ 75, receipt number AVAEDC-7872467. by BlueWave Healthcare Consultants, Inc., 13F4D54. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Dugan, Daniel)
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Legal Document (Payment Possibly Required) 17 Filed: 6/29/2021, Entered: 6/30/2021
U.S. Bankruptcy Court Eastern District of Virginia (Richmond) Adversary Proceeding #: 1603271KRH Docket Report. (tjoh, )
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Legal Document (Payment Possibly Required) 16 Filed: 6/29/2021, Entered: 6/30/2021
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 15 BLUEWAVE HEALTHCARE CONSULTANTS, INC. AND 13F4D54 III'S OBJECTION TO THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW re 10 Proposed Findings of Fact. (tjoh, )
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Legal Document (Payment Possibly Required) 15 Filed: 6/29/2021, Entered: 6/30/2021
BLUEWAVE HEALTHCARE CONSULTANTS, INC. AND 13F4D54 III'S OBJECTION TO THE PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW re 10 Proposed Findings of Fact. (tjoh, )
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Legal Document (Payment Possibly Required) 14 Filed: 6/29/2021, Entered: 6/30/2021 Court Filing
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, )
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Legal Document (Payment Possibly Required) 13 Filed: 6/29/2021, Entered: 6/30/2021
Bankruptcy Transmittal Cover Sheet. (Transmitted documents will be docketed as separate docket entries.) (tjoh, )
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Legal Document (Payment Possibly Required) 12 Filed: 6/17/2021, Entered: 6/17/2021 Court Filing
ORDER granting 11 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, )
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Legal Document (Payment Possibly Required) 11 Filed: 6/15/2021, Entered: 6/15/2021
MOTION to Substitute Attorney by Richard Arrowsmith, Liquidating Trustee. (Attachments: # 1 Exhibit A)(Westermann, Robert)
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Legal Document (Payment Possibly Required) 10 Filed: 5/25/2021, Entered: 5/25/2021
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,)
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Legal Document (Payment Possibly Required) 9 Filed: 8/22/2017, Entered: 8/22/2017 Court Filing
ORDER. (Denying Motion for Entry of Amended Order) THIS MATTER is before the Court on Defendants Leah Bouton, 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, )
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Legal Document (Payment Possibly Required) 8 Filed: 8/22/2017, Entered: 8/22/2017 Court Filing
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, )
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Legal Document (Payment Possibly Required) 7 Filed: 8/3/2017, Entered: 8/3/2017
CERTIFICATE of Service re 6 Opposition by Cullen Drescher Speckhart on behalf of Richard Arrowsmith, Liquidating Trustee (Speckhart, Cullen)
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Legal Document (Payment Possibly Required) 6 Filed: 8/2/2017, Entered: 8/2/2017
Opposition to Motion for Entry of Amended Order filed by Richard Arrowsmith, Liquidating Trustee. (Speckhart, Cullen)
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Legal Document (Payment Possibly Required) 5 Filed: 7/19/2017, Entered: 7/19/2017 Court Filing
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, )
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Legal Document (Payment Possibly Required) 4 Filed: 7/19/2017, Entered: 7/19/2017 Court Filing
MEMORANDUM OPINION. See Memorandum Opinion for details. Signed by District Judge Henry E. Hudson on 7/19/2017. (sbea, )
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Blank  Filed: 6/16/2017, Entered: 6/16/2017
Set Hearings: Settlement Conferences set for 8/8-9/2017 at 09:30 AM in Richmond Judges Chamber before Magistrate Judge David J. Novak. (cgar)
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Legal Document (Payment Possibly Required) 3 Filed: 6/16/2017, Entered: 6/16/2017 Court Filing
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, )
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Blank  Filed: 6/13/2017, Entered: 6/13/2017
Case REFERRED to Magistrate Judge David J. Novak for settlement purposes per Order entered on 6/13/17. (jtho, )
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Legal Document (Payment Possibly Required) 2 Filed: 6/13/2017, Entered: 6/13/2017 Court Filing
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, )
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Legal Document (Payment Possibly Required) 1 Filed: 6/1/2017, Entered: 6/1/2017
MOTION for Withdrawal of Reference by FB1EBA8 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). (sbea, )
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