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Supp Deutch Declaration
20-11684-dsj Doc 220 Filed 04/22/21 Entered 04/22/21 09:55:32 Main Document Pg 1 of 15 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ) In re: ) Chapter 11 ) OLD OB, LLC1 ) Case No. 20-11684 (SMB) ) Debtor. ) ) SUPPLEMENTAL DECLARATION OF PAUL H. DEUTCH IN SUPPORT OF DEBTOR’S APPLICATION FOR AN ORDER AUTHORIZING EMPLOYMENT AND RETENTION OF OMNI AGENT SOLUTIONS AS ADMINISTRATIVE AGENT EFFECTIVE AS OF AUGUST 24, 2020 I, Paul H. Deutch, under penalty of perjury, declare as follows: 1. I am the Executive Vice President of Omni Agent Solutions, Inc. (“Omni”). Except as otherwise noted, I have personal knowledge of the matters set forth herein and, if called and sworn as a witness, I could and would testify competently thereto. I submit this supplemental declaration (the “Supplemental Declaration”) on behalf of Omni in support of the application 2 [Docket No. 204] (the “Section 327 Application”), of the Debtor for an order appointing Omni as administrative agent for the Debtor effective as of August 24, 2020 filed in the above-captioned bankruptcy case (the “Bankruptcy Case”). Except as otherwise indicated herein, I have personal knowledge of the matters set forth herein and, if called as a witness, would testify competently thereto. 2. The facts set forth below are based either upon my personal knowledge, discussions with other employees of Omni, or review of the client/matter records of Omni by me or by other employees of Omni. 1 The last four digits of the Debtor’s federal tax identification number is 3434. -
UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT of NEW YORK ------X
20-11684-smb Doc 119 Filed 10/26/20 Entered 10/26/20 09:58:35 Main Document Pg 1 of 16 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------x In re : Chapter 11 OCCASION BRANDS, LLC, : Case No. 20-11684 (SMB) Debtor. : ---------------------------------------------x NOTICE OF APPOINTMENT OF CONSUMER PRIVACY OMBUDSMAN WILLIAM K. HARRINGTON, the United States Trustee for the Southern District of New York, pursuant to the order entered October 26, 2020 (ECF No. 118 ) directing the appointment under 11 U.S.C. § 332 of a consumer privacy ombudsman, hereby appoints Alan Chapell as consumer privacy ombudsman. The offices of Alan Chapell are at 692 Greenwich Street, Suite 5, New York, NY 10014. This notice is accompanied by a verified statement of Alan Chapell setting forth his connections with the debtor, creditors, any party in interest, their respective attorneys and accountants, the United States Trustee, and any person employed in the Office of the United States Trustee. Dated: New York, New York October 26, 2020 WILLIAM K. HARRINGTON UNITED STATES TRUSTEE By: /s/ Susan A. Arbeit SUSAN A. ARBEIT Trial Attorney U.S. Federal Office Building 201 Varick St., Room 1006 New York, New York 10014 (212) 510-0500 20-11684-smb Doc 119 Filed 10/26/20 Entered 10/26/20 09:58:35 Main Document Pg 2 of 16 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------x In re : Chapter 11 OCCASION BRANDS, LLC, : Case No. 20-11684 (SMB) Debtor. : ---------------------------------------------x VERIFIED STATEMENT OF ALAN CHAPELL, CONSUMER PRIVACY OMBUDSMAN Pursuant to Federal Rule of Bankruptcy Procedure 6004(g) (2), I, Alan Chapell, hereby state and declare as follows: 1. -
Options for Federal Judicial Screening Committees Second Edition September 2011 (2D
Options for Federal Judicial Screening Committees Second Edition September 2011 (2d. ed.) OPTIONS FOR FEDERAL JUDICIAL SCREENING COMMITTEES: Where They Are in Place, How They Operate, and What to Consider in Establishing and Managing Them The Governance Institute, the Institute for the Advancement of the American Legal System at the University of Denver (IAALS), and Governance Studies at the Brookings Institution have revised the June 2010 first edition of this guide, and will continue to issue revisions periodically. It provides United States senators, other federal legislators, and their staffs with information about creating committees to screen potential judicial and law enforcement position nominees; provides them and committee members with information about committee operations; and provides others interested in federal judicial selection with information about an often- overlooked aspect of the process. It is not a “best practices” manual, in part because relatively little is known about how such committees work and even less about what seems to work best. The most current version of the guide is available at: www.du.edu/legalinstitute and www.brookings.edu/experts/wheelerr.aspx This guide was authored principally by: Russell Wheeler, president of the Governance Institute and a Visiting Fellow in the Brookings Institution’s Governance Studies program. He has served on the IAALS Board of Advisors since its creation in 2006. Rebecca Love Kourlis, executive director of IAALS. She served on Senator Ken Salazar’s screening committee and co-chaired the committee that Senators Mark Udall and Michael Bennet appointed to screen candidates for two District of Colorado vacancies. (Malia Reddick, director of judicial programs for the Institute, assists with ongoing revisions.) The Institute for the Advancement of the American Legal System (IAALS) is a national, independent research center dedicated to continuous improvement of the process and culture of the civil justice system. -
March 18, 2020 Alison J. Nathan, United States District Judge
Revised: March 18, 2020 EMERGENCY INDIVIDUAL RULES AND PRACTICES IN LIGHT OF COVID-19 Alison J. Nathan, United States District Judge Chambers Email: [email protected] Unless otherwise ordered by the Court, these Emergency Individual Rules and Practices apply to all matters before Judge Nathan (whether criminal or civil and whether involving a pro se party or all counseled parties), and they are a supplement to Judge Nathan’s standard Individual Rules and Practices. If there is a conflict between these Rules and Judge Nathan’s standard Individual Rules and Practices, these Rules control. 1. No Paper Submissions Absent Undue Hardship A. No papers, including courtesy hard copies of any filing or document, may be submitted to Chambers. All documents must be filed on ECF or, if permitted or required under the Court’s Individual Rules and Practices, emailed to [email protected]. B. In the event that a party or counsel is unable to submit a document electronically — either by ECF or email — the document may be mailed to the Court. To the maximum extent possible, however, this means of delivery should be avoided, as delivery of mail to the Court is likely to be delayed. 2. Conferences and Proceedings A. In Civil Cases. Unless otherwise ordered by the Court, all conferences and proceedings in civil cases will be held by telephone. In some cases, the Court may direct one of the parties to set up a conference line. In all other cases, the parties should call into the Court’s dedicated conference line at (888) 363-4749, and enter Access Code 919-6964, followed by the pound (#) key. -
Members by Circuit (As of January 3, 2017)
Federal Judges Association - Members by Circuit (as of January 3, 2017) 1st Circuit United States Court of Appeals for the First Circuit Bruce M. Selya Jeffrey R. Howard Kermit Victor Lipez Ojetta Rogeriee Thompson Sandra L. Lynch United States District Court District of Maine D. Brock Hornby George Z. Singal John A. Woodcock, Jr. Jon David LeVy Nancy Torresen United States District Court District of Massachusetts Allison Dale Burroughs Denise Jefferson Casper Douglas P. Woodlock F. Dennis Saylor George A. O'Toole, Jr. Indira Talwani Leo T. Sorokin Mark G. Mastroianni Mark L. Wolf Michael A. Ponsor Patti B. Saris Richard G. Stearns Timothy S. Hillman William G. Young United States District Court District of New Hampshire Joseph A. DiClerico, Jr. Joseph N. LaPlante Landya B. McCafferty Paul J. Barbadoro SteVen J. McAuliffe United States District Court District of Puerto Rico Daniel R. Dominguez Francisco Augusto Besosa Gustavo A. Gelpi, Jr. Jay A. Garcia-Gregory Juan M. Perez-Gimenez Pedro A. Delgado Hernandez United States District Court District of Rhode Island Ernest C. Torres John J. McConnell, Jr. Mary M. Lisi William E. Smith 2nd Circuit United States Court of Appeals for the Second Circuit Barrington D. Parker, Jr. Christopher F. Droney Dennis Jacobs Denny Chin Gerard E. Lynch Guido Calabresi John Walker, Jr. Jon O. Newman Jose A. Cabranes Peter W. Hall Pierre N. LeVal Raymond J. Lohier, Jr. Reena Raggi Robert A. Katzmann Robert D. Sack United States District Court District of Connecticut Alan H. NeVas, Sr. Alfred V. Covello Alvin W. Thompson Dominic J. Squatrito Ellen B. -
April 28, 2020 Twenty-Third Interim Report
08-01789-smb Doc 19502 Filed 04/28/20 Entered 04/28/20 13:08:36 Main Document Pg 1 of 66 BAKER & HOSTETLER LLP 45 Rockefeller Plaza New York, New York 10111 Telephone: (212) 589-4200 Facsimile: (212) 589-4201 Irving H. Picard Email: [email protected] David J. Sheehan Email: [email protected] Seanna R. Brown Email: [email protected] Heather R. Wlodek Email: [email protected] Attorneys for Irving H. Picard, Trustee for the Substantively Consolidated SIPA Liquidation of Bernard L. Madoff Investment Securities LLC and the Chapter 7 Estate of Bernard L. Madoff UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK SECURITIES INVESTOR PROTECTION CORPORATION, Plaintiff-Applicant, Adv. Pro. No. 08-01789 (SMB) v. SIPA Liquidation BERNARD L. MADOFF INVESTMENT (Substantively Consolidated) SECURITIES LLC, Defendant. In re: BERNARD L. MADOFF, Debtor. TRUSTEE’S TWENTY-THIRD INTERIM REPORT FOR THE PERIOD OCTOBER 1, 2019 THROUGH MARCH 31, 2020 4812-5216-8375.2 08-01789-smb Doc 19502 Filed 04/28/20 Entered 04/28/20 13:08:36 Main Document TABLEPg OF 2 CONTENTSof 66 Page I. EXECUTIVE SUMMARY .................................................................................................1 II. BACKGROUND .................................................................................................................3 III. FINANCIAL CONDITION OF THE ESTATE ..................................................................3 IV. CLAIMS ADMINISTRATION ...........................................................................................4 -
2021-02-01 Litigation Rules Update Summaries
Litigation Rules Update Summaries Update Summary February 01, 2021: The following new Rules Set was created: SDNY Standing Order ‐‐ Judge John P. Cronan The following Rules Sets were renamed: No Rules Sets were renamed. The following Rules Sets were removed: No Rules Sets were removed. The following Rules Sets were reactivated: No Rules Sets were reactivated. The following Rules Sets were revised: Federal Rules of Bankruptcy USDC ‐‐ M.D. Alabama CA ‐‐ Amador County Superior Court CA ‐‐ Fresno County Superior Court CA ‐‐ Inyo County Superior Court CA ‐‐ Monterey County Superior Court CA ‐‐ Nevada County Superior Court CA ‐‐ San Benito County Superior Court CA ‐‐ San Joaquin County Superior Court CA ‐‐ Santa Clara County Superior Court CA ‐‐ Santa Cruz County Superior Court CA ‐‐ Shasta County Superior Court CA ‐‐ Solano County Superior Court CA ‐‐ Stanislaus County Superior Courts CA ‐‐ Ventura County Superior Court CA ‐‐ Yolo County Superior Court CA ‐‐ Fresno County Superior Court ‐ Family CA ‐‐ Santa Clara County Superior Court ‐ Family CA ‐‐ Ventura County Superior Court ‐ Family DC ‐‐ Rules of Civil Procedure USBC ‐‐ M.D. Florida USBC ‐‐ N.D. Illinois USBC ‐‐ District of Massachusetts USBC ‐‐ E.D. Michigan MI ‐‐ 46th Circuit Court (Otsego, Kalkaska, and Crawford) MO ‐‐ Thirty‐First Judicial Circuit (Greene) NE ‐‐ Uniform County Court Rules SDNY Standing Order ‐‐ Judge Ronnie Abrams SDNY Standing Order ‐‐ Judge Richard M. Berman SDNY Standing Order ‐‐ Judge P. Kevin Castel SDNY Standing Order ‐‐ Judge Kenneth M. Karas SDNY Standing Order ‐‐ Judge Edgardo Ramos USBC ‐‐ S.D. New York NY Appellate Division, Rules of Practice NY ‐‐ Appellate Division, First Department NY ‐‐ Appellate Division, Second Department NY ‐‐ Appellate Division, Third Department NY ‐‐ Appellate Division, Fourth Department USDC ‐‐ District of North Dakota USDC ‐‐ N.D. -
Judicial Roundtable Discussion February 13, 2013 Table of Contents
Judicial Roundtable Discussion February 13, 2013 Table of Contents 1) Biography of Judge Abrams. 2) Biography of Judge Nathan. 3) Biography of Judge Carter. 4) Biography of Judge Sullivan. 5) Biography of Judge Furman. 6) Biography of Judge Oetken. 7) Biography of Panel members and Judge Sullivan. 8) Individual Rules & Practices in Civil Cases for Judge Abrams. 9) Individual Rules & Practices in Civil Cases for Judge Carter. 10) Individual Rules & Practices in Civil Cases for Judge Nathan. 11) Individual Rules & Practices in Civil Cases for Judge Oetken. 12) Individual Rules & Practices in Civil Cases for Judge Furman. 13) Individual Rules & Practices in Civil Cases for Judge Sullivan. 14) “On Book-Tour Circuit, Sotomayor Sees a New Niche for a Justice,” The New York Times, February 3, 2013. 15) “Judge’s book gives an insider’s view of life on the bench,” The Villager, July 19, 2012. 16) “Judge Medina's 100th Birthday: Time for Tributes,” The New York Times, February 16, 1988. 17) Shirley S. Abrahamson, Susan M. Fieber, and Gabrielle Lessard, Judges on Judging: A Bibliography , 24 St. Mary's L.J. 995 (1992). 18) “Social Media Discovery and ESI in Motion Practice, “ New York Law Journal, January 8, 2013. 19) “ Who Can Get Your Tweets, And Can You Object?” New York Law Journal, July 3, 2012. Biography of Judge Abrams Biography of Judge Nathan Biography of Judge Carter Biography of Judge Sullivan Biography of Judge Furman Biography of Judge Oetken Biography of Panel members and Judge Sullivan Michael Almonte is an associate in the New York office of Fragomen, Del Rey, Bernsen and Loewy, LLP. -
Women of the Mother Court Jadranka Jakovcic
62 • THE FEDERAL LAWYER • August 2018 WOMEN OF THE MOTHER COURT JADRANKA JAKOVCIC he U.S. District Court for the Southern also remembered for having drafted the original complaint in the landmark civil rights case Brown v. Board of Education.4 She was District of New York (SDNY), colloquially the first African-American woman ever to argue a case before the known as the “Mother Court,” is the U.S. Supreme Court and was successful in nine of the 10 cases she oldest federal court in the United States. argued before it.5 TCreated by President George Washington through Another of the Mother Court’s proud history of judicial firsts was the appointment of Hon. Sonia Sotomayor as its first Hispanic the Judiciary Act of 1789, it was the first court to woman. While serving on the federal bench, she has gained fame as sit under the new U.S. Constitution, preceding the the judge who “saved” Major League Baseball with her strike-ending U.S. Supreme Court by several weeks.1 decision in Silverman v. Major League Baseball Player Relations Committee Inc.,6 which evidenced the qualities of thought and In the words of Hon. Charles Evans Hughes, former chief justice diligence she would later bring to the U.S. Supreme Court. Appoint- of the United States, “the courts are what the judges make them, and ed by President Barack Obama in 2009, Justice Sotomayor is also the district court in New York, from the time of James Duane, Wash- the first Hispanic and the third woman to serve on the U.S. -
Federal Judges Association Current Members by Circuit As of 10/8/2020
Federal Judges Association Current Members by Circuit as of 10/8/2020 1st Circuit United States Court of Appeals for the First Circuit Jeffrey R. Howard 0 Kermit Victor Lipez (Snr) Sandra L. Lynch Ojetta Rogeriee Thompson United States District Court District of Maine D. Brock Hornby (Snr) 0 Jon David Levy George Z. Singal (Snr) Nancy Torresen John A. Woodcock, Jr. (Snr) United States District Court District of Massachusetts Allison Dale Burroughs 0 Denise Jefferson Casper Timothy S. Hillman Mark G. Mastroianni George A. O'Toole, Jr. (Snr) Michael A. Ponsor (Snr) Patti B. Saris F. Dennis Saylor Leo T. Sorokin Richard G. Stearns Indira Talwani Mark L. Wolf (Snr) Douglas P. Woodlock (Snr) William G. Young United States District Court District of New Hampshire Paul J. Barbadoro 0 Joseph N. Laplante Steven J. McAuliffe (Snr) Landya B. McCafferty Federal Judges Association Current Members by Circuit as of 10/8/2020 United States District Court District of Puerto Rico Francisco Augusto Besosa 0 Pedro A. Delgado Hernandez Daniel R. Dominguez (Snr) Jay A. Garcia-Gregory (Snr) Gustavo A. Gelpi, Jr. Juan M. Perez-Gimenez (Snr) United States District Court District of Rhode Island Mary M. Lisi (Snr) 0 John J. McConnell, Jr. William E. Smith 2nd Circuit United States Court of Appeals for the Second Circuit Jose A. Cabranes 0 Guido Calabresi (Snr) Denny Chin Christopher F. Droney (Ret) Peter W. Hall Pierre N. Leval (Snr) Raymond J. Lohier, Jr. Gerard E. Lynch (Snr) Jon O. Newman (Snr) Barrington D. Parker, Jr. (Snr) Reena Raggi (Snr) Robert D. Sack (Snr) John M. -
Report of the Second Sifocc Meeting
Standing International Forum of Commercial Courts Report of the Second Meeting New York 27-28 September 2018 Contents Introduction 3 Actions 4 Summary of Programme 5 Attendees 6 Agenda 13 Seating Plan 16 Selected Remarks 17 Discussion: Enforcement 25 Discussion: A Perspective from Court Users 26 Discussion: Case Management 27 Discussion: Alternative Dispute Resolution 28 Discussion: Technology in the Courts 28 Radar Topic: Litigation funding 29 Radar Topic: Arbitration issues 30 Programme of Judicial Study and Observation 31 Available separately: (1) A booklet of short biographies of Attendees (2) A booklet of outlines of each Commercial Court 2 Introduction On Thursday 27 September 2018, the world’s commercial courts convened once more for the second meeting of the Standing International Forum of Commercial Courts (SIFoCC). SIFoCC was warmly welcomed by the hosts for this meeting, the United States District Court for the Southern District of New York and the Supreme Court of the State of New York. At a time when the Forum’s objectives of sharing best practice, collaborating towards stronger rule of law and supporting courts in developing countries, are more important than ever, the Forum’s growth and development in the short period since its inaugural meeting in London in May 2017 was notable. Once again, commercial courts from the world over were represented. This time a total of 35 jurisdictions were in attendance through a total of around 100 judges and court staff. The representation was at senior judicial level, with 13 jurisdictions represented by their Chief Justice, many delegations represented at senior appellate level, and most delegations including the head of their commercial court. -
United States V. Archer
18-3727 United States v. Archer In the United States Court of Appeals for the Second Circuit ______________ AUGUST TERM 2019 Docket No. 18-3727 UNITED STATES OF AMERICA, Appellant, v. DEVON ARCHER, Defendant-Appellee, JASON GALANIS, GARY HIRST, JOHN GALANIS, AKA YANNI, HUGH DUNKERLEY, MICHELLE MORTON, BEVAN COONEY, Defendants.* ______________ ARGUED: November 18, 2019 DECIDED: October 7, 2020 ______________ Before: WALKER, SULLIVAN, Circuit Judges, NATHAN, District Judge.† * The Clerk of the Court is directed to amend the caption as set forth above. † Judge Alison Nathan, of the United States District Court for the Southern District of New York, sitting by designation. ______________ The government appeals from an order of the United States District Court for the Southern District of New York (Ronnie Abrams, J.) granting Defendant Devon Archer’s motion for a new trial pursuant to Federal Rule of Criminal Procedure 33, following Archer’s conviction for conspiracy to commit securities fraud, in violation of 18 U.S.C. § 371, and securities fraud, in violation of 15 U.S.C §§ 78j(b) and 78ff, 17 C.F.R. § 240.10b-5, and 18 U.S.C. § 2. Because the weight of the evidence presented at trial did not preponderate heavily against the jury’s verdict, we find that the district court abused its discretion in vacating the judgment and granting a new trial. Accordingly, the decision of the district court is REVERSED, and the jury verdict is reinstated. The case is REMANDED to the district court for sentencing. ______________ SARAH K. EDDY (Rebecca Mermelstein, Negar Tekeei, on the brief), Assistant United States Attorneys, for Audrey Strauss, Acting United States Attorney, for Appellant.