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Tuesday, February 18, 2025
02:30 PM | ||
18-31722 ServiCom LLC, JNET Communications LLC, and Vitel Communications LLC Ch. 7 | ||
#2038; SCHEDULING ORDER REGARDING SCOPE OF SEALED RECORD AND POSSIBILITY OF MEDIATION:This case commenced on October 19, 2018, and the docket of the main bankruptcy case here (18-31722, 18-31723 and 18-31724, as jointly administered, the "Main Case") now comprises more than 2,000 docket entries. Chapter 7 Trustee Barbara H. Katz (the "Trustee"), Coral Capital Solutions LLC ("Coral"), creditor VFI KR SPE I, LLC ("VFI"), and interested parties Rev. Dr. David Jefferson and Mr. Eugene Caldwell ("J&C") dispute the nature, extent, priority and enforceability of Coral's assertion of secured claims against the bankruptcy estates. Numerous collateral issues flow from this central dispute. Pursuant to a Protective Order entered in the Main Case and in adversary proceeding cases 19-3005 and 19-3006, these parties filed thousands of pages under seal at the summary judgment stage, to maintain the confidentiality of designated discovery material.Notably, the parties rely upon documents and information designated as confidential under the Protective Order in their summary judgment motions and memoranda relating to the question of Coral's entitlement to an early termination fee under a Secured Term Note. The Court is ready to enter a decision on the early termination fee issue but must first meet its obligation to ensure the record before the court and the record on appeal is sealed only as required by applicable rules and principles.Separately, during a February 4, 2025, status conference, counsel for the Trustee, Coral, VFI and J&C indicated they agreed to engage in mediation to attempt to resolve the remaining issues in this case.Accordingly, it is hereby:ORDERED: On or before February 11, 2025, the Trustee, Coral, VFI and J&C must each file a statement in case number 18-31722 indicating their respective consent or lack of consent to participate in a mediation of the remaining issues in cases 18-31722, 19-03005 and 19-3006. To avoid unnecessary complication of the docket, each statement filed by a party will apply to all three cases and no statement need be filed in case numbers 19-3005 or 19-3006. And it is furtherORDERED: Should all four parties (the Trustee, Coral, VFI and J&C) consent to a mediation, Judge Nevins will enter a Mediation Referral Order authorizing a mediation with United States Bankruptcy Judge James Tancredi as the Mediator. The Mediation Referral Order will also direct counsel for the Trustee to report to the Courtroom Deputy two dates when all counsel are available for an initial scheduling conference with the Mediator via email (courtroomdeputy_newhaven@ctb.uscourts.gov). And, it is furtherORDERED: On or before February 18, 2025, counsel for the Trustee shall notify the Courtroom Deputy of two days (which may but need not be consecutive) when all parties and witnesses required for an evidentiary hearing to consider the claims, defenses and counterclaims remaining that relate to the Coral claim dispute (including subrogation claims, equitable subordination claims and any other remaining claims or defenses) are available to appear in person in the United States Bankruptcy Court in New Haven, Connecticut. The evidentiary hearing dates shall commence no later than April 14, 2025, and shall conclude no later than May 15, 2025. And, it is furtherORDERED: On February 19, 2025, at 3:00 p.m. (New York time), a brief scheduling status conference will be held via ZoomGov. The Clerk shall send connection information to each attorney who attended the status conference held on February 4, 2025. And, it is furtherORDERED: On or before February 25, 2025, any party seeking to maintain the sealed status of a document relied upon by any party with respect to summary judgment materials regarding the early termination fee issue in case numbers 18-31722, 19-3005, or 19-3006, must file a motion, pursuant to Fed.R.Bankr.P. 107(b) and D.Conn.L.Civ.R. 5 (a "107(b) Motion") in case number 18-31722 only, detailing with specificity (including a page-by page designation of sealed pages of any filed document) the basis for each sealed document to remain filed under seal. Any 107(b) Motion should include as an attachment or exhibit a document in the nature of a privilege log, chart or table, listing each document proposed to remain under seal, identifying each ECF No. or AP-ECF No., each page, and the legal basis for the document or information to remain sealed. To streamline the docket of these cases, any 107(b) Motion should be filed only in case number 18-31722, although it must address any sealed documents filed in case numbers 18-31722, 19-3005 and 19-3006. And, it is further,ORDERED: On or before March 4, 2025, any objection or response to a 107(b) Motion must be filed in case 18-31722, only; and it is furtherORDERED: The Trustee, Coral, VFI and J&C must not file any pleadings or documents other than those specified in this Scheduling Order; provided, however, that a party may file a motion seeking leave to file a substantive motion identifying with particularity the relief sought and the need to seek such relief at this time. Counsel shall not file the indicated substantive motion (either separately or as an exhibit) without prior leave of court. Notwithstanding the foregoing, the Trustee, Coral, VFI or J&C may file motions seeking adjustment to the deadlines in this Scheduling Order if all of them consent. However, the Court may or may not grant any such motion. Signed by Chief Judge Ann M. Nevins on February 7, 2025.
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19-03005 VFI KR SPE I, LLC v. Caldwell et al Ch. | ||
Adversary proceeding: 18-31722 ServiCom LLC, JNET Communications LLC, and Vitel Communications LLC #745; SCHEDULING ORDER REGARDING SCOPE OF SEALED RECORD AND POSSIBILITY OF MEDIATION:This case commenced on October 19, 2018, and the docket of the main bankruptcy case here (18-31722, 18-31723 and 18-31724, as jointly administered, the "Main Case") now comprises more than 2,000 docket entries. Chapter 7 Trustee Barbara H. Katz (the "Trustee"), Coral Capital Solutions LLC ("Coral"), creditor VFI KR SPE I, LLC ("VFI"), and interested parties Rev. Dr. David Jefferson and Mr. Eugene Caldwell ("J&C") dispute the nature, extent, priority and enforceability of Coral's assertion of secured claims against the bankruptcy estates. Numerous collateral issues flow from this central dispute. Pursuant to a Protective Order entered in the Main Case and in adversary proceeding cases 19-3005 and 19-3006, these parties filed thousands of pages under seal at the summary judgment stage, to maintain the confidentiality of designated discovery material.Notably, the parties rely upon documents and information designated as confidential under the Protective Order in their summary judgment motions and memoranda relating to the question of Coral's entitlement to an early termination fee under a Secured Term Note. The Court is ready to enter a decision on the early termination fee issue but must first meet its obligation to ensure the record before the court and the record on appeal is sealed only as required by applicable rules and principles.Separately, during a February 4, 2025, status conference, counsel for the Trustee, Coral, VFI and J&C indicated they agreed to engage in mediation to attempt to resolve the remaining issues in this case.Accordingly, it is hereby:ORDERED: On or before February 11, 2025, the Trustee, Coral, VFI and J&C must each file a statement in case number 18-31722 indicating their respective consent or lack of consent to participate in a mediation of the remaining issues in cases 18-31722, 19-03005 and 19-3006. To avoid unnecessary complication of the docket, each statement filed by a party will apply to all three cases and no statement need be filed in case numbers 19-3005 or 19-3006. And it is furtherORDERED: Should all four parties (the Trustee, Coral, VFI and J&C) consent to a mediation, Judge Nevins will enter a Mediation Referral Order authorizing a mediation with United States Bankruptcy Judge James Tancredi as the Mediator. The Mediation Referral Order will also direct counsel for the Trustee to report to the Courtroom Deputy two dates when all counsel are available for an initial scheduling conference with the Mediator via email (courtroomdeputy_newhaven@ctb.uscourts.gov). And, it is furtherORDERED: On or before February 18, 2025, counsel for the Trustee shall notify the Courtroom Deputy of two days (which may but need not be consecutive) when all parties and witnesses required for an evidentiary hearing to consider the claims, defenses and counterclaims remaining that relate to the Coral claim dispute (including subrogation claims, equitable subordination claims and any other remaining claims or defenses) are available to appear in person in the United States Bankruptcy Court in New Haven, Connecticut. The evidentiary hearing dates shall commence no later than April 14, 2025, and shall conclude no later than May 15, 2025. And, it is furtherORDERED: On February 19, 2025, at 3:00 p.m. (New York time), a brief scheduling status conference will be held via ZoomGov. The Clerk shall send connection information to each attorney who attended the status conference held on February 4, 2025. And, it is furtherORDERED: On or before February 25, 2025, any party seeking to maintain the sealed status of a document relied upon by any party with respect to summary judgment materials regarding the early termination fee issue in case numbers 18-31722, 19-3005, or 19-3006, must file a motion, pursuant to Fed.R.Bankr.P. 107(b) and D.Conn.L.Civ.R. 5 (a "107(b) Motion") in case number 18-31722 only, detailing with specificity (including a page-by page designation of sealed pages of any filed document) the basis for each sealed document to remain filed under seal. Any 107(b) Motion should include as an attachment or exhibit a document in the nature of a privilege log, chart or table, listing each document proposed to remain under seal, identifying each ECF No. or AP-ECF No., each page, and the legal basis for the document or information to remain sealed. To streamline the docket of these cases, any 107(b) Motion should be filed only in case number 18-31722, although it must address any sealed documents filed in case numbers 18-31722, 19-3005 and 19-3006. And, it is further,ORDERED: On or before March 4, 2025, any objection or response to a 107(b) Motion must be filed in case 18-31722, only; and it is furtherORDERED: The Trustee, Coral, VFI and J&C must not file any pleadings or documents other than those specified in this Scheduling Order; provided, however, that a party may file a motion seeking leave to file a substantive motion identifying with particularity the relief sought and the need to seek such relief at this time. Counsel shall not file the indicated substantive motion (either separately or as an exhibit) without prior leave of court. Notwithstanding the foregoing, the Trustee, Coral, VFI or J&C may file motions seeking adjustment to the deadlines in this Scheduling Order if all of them consent. However, the Court may or may not grant any such motion. Signed by Chief Judge Ann M. Nevins on February 7, 2025.
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19-03006 Katz v. Jefferson et al Ch. | ||
Adversary proceeding: 18-31722 ServiCom LLC, JNET Communications LLC, and Vitel Communications LLC #723; SCHEDULING ORDER REGARDING SCOPE OF SEALED RECORD AND POSSIBILITY OF MEDIATION:This case commenced on October 19, 2018, and the docket of the main bankruptcy case here (18-31722, 18-31723 and 18-31724, as jointly administered, the "Main Case") now comprises more than 2,000 docket entries. Chapter 7 Trustee Barbara H. Katz (the "Trustee"), Coral Capital Solutions LLC ("Coral"), creditor VFI KR SPE I, LLC ("VFI"), and interested parties Rev. Dr. David Jefferson and Mr. Eugene Caldwell ("J&C") dispute the nature, extent, priority and enforceability of Coral's assertion of secured claims against the bankruptcy estates. Numerous collateral issues flow from this central dispute. Pursuant to a Protective Order entered in the Main Case and in adversary proceeding cases 19-3005 and 19-3006, these parties filed thousands of pages under seal at the summary judgment stage, to maintain the confidentiality of designated discovery material.Notably, the parties rely upon documents and information designated as confidential under the Protective Order in their summary judgment motions and memoranda relating to the question of Coral's entitlement to an early termination fee under a Secured Term Note. The Court is ready to enter a decision on the early termination fee issue but must first meet its obligation to ensure the record before the court and the record on appeal is sealed only as required by applicable rules and principles.Separately, during a February 4, 2025, status conference, counsel for the Trustee, Coral, VFI and J&C indicated they agreed to engage in mediation to attempt to resolve the remaining issues in this case.Accordingly, it is hereby:ORDERED: On or before February 11, 2025, the Trustee, Coral, VFI and J&C must each file a statement in case number 18-31722 indicating their respective consent or lack of consent to participate in a mediation of the remaining issues in cases 18-31722, 19-03005 and 19-3006. To avoid unnecessary complication of the docket, each statement filed by a party will apply to all three cases and no statement need be filed in case numbers 19-3005 or 19-3006. And it is furtherORDERED: Should all four parties (the Trustee, Coral, VFI and J&C) consent to a mediation, Judge Nevins will enter a Mediation Referral Order authorizing a mediation with United States Bankruptcy Judge James Tancredi as the Mediator. The Mediation Referral Order will also direct counsel for the Trustee to report to the Courtroom Deputy two dates when all counsel are available for an initial scheduling conference with the Mediator via email (courtroomdeputy_newhaven@ctb.uscourts.gov). And, it is furtherORDERED: On or before February 18, 2025, counsel for the Trustee shall notify the Courtroom Deputy of two days (which may but need not be consecutive) when all parties and witnesses required for an evidentiary hearing to consider the claims, defenses and counterclaims remaining that relate to the Coral claim dispute (including subrogation claims, equitable subordination claims and any other remaining claims or defenses) are available to appear in person in the United States Bankruptcy Court in New Haven, Connecticut. The evidentiary hearing dates shall commence no later than April 14, 2025, and shall conclude no later than May 15, 2025. And, it is furtherORDERED: On February 19, 2025, at 3:00 p.m. (New York time), a brief scheduling status conference will be held via ZoomGov. The Clerk shall send connection information to each attorney who attended the status conference held on February 4, 2025. And, it is furtherORDERED: On or before February 25, 2025, any party seeking to maintain the sealed status of a document relied upon by any party with respect to summary judgment materials regarding the early termination fee issue in case numbers 18-31722, 19-3005, or 19-3006, must file a motion, pursuant to Fed.R.Bankr.P. 107(b) and D.Conn.L.Civ.R. 5 (a "107(b) Motion") in case number 18-31722 only, detailing with specificity (including a page-by page designation of sealed pages of any filed document) the basis for each sealed document to remain filed under seal. Any 107(b) Motion should include as an attachment or exhibit a document in the nature of a privilege log, chart or table, listing each document proposed to remain under seal, identifying each ECF No. or AP-ECF No., each page, and the legal basis for the document or information to remain sealed. To streamline the docket of these cases, any 107(b) Motion should be filed only in case number 18-31722, although it must address any sealed documents filed in case numbers 18-31722, 19-3005 and 19-3006. And, it is further,ORDERED: On or before March 4, 2025, any objection or response to a 107(b) Motion must be filed in case 18-31722, only; and it is furtherORDERED: The Trustee, Coral, VFI and J&C must not file any pleadings or documents other than those specified in this Scheduling Order; provided, however, that a party may file a motion seeking leave to file a substantive motion identifying with particularity the relief sought and the need to seek such relief at this time. Counsel shall not file the indicated substantive motion (either separately or as an exhibit) without prior leave of court. Notwithstanding the foregoing, the Trustee, Coral, VFI or J&C may file motions seeking adjustment to the deadlines in this Scheduling Order if all of them consent. However, the Court may or may not grant any such motion. Signed by Chief Judge Ann M. Nevins on February 7, 2025.
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