Marvin H. Schein Descendants LLC v. Brown
- Jesse Furman
- 1:15-cv-01738
- U.S. District Court · Southern District of New York
- 2
In Levine v. Brown, Judge Furman canceled a hearing, requested briefing on unresolved issues, and extended a temporary restraining order.
The plaintiff and defendant in the turnover proceeding were affected by the canceled hearing and deadlines, the required supplemental briefing, and the continued temporary restraining order.
What happened
In Leslie J. Levine, solely as trustee of the Marvin H. Schein Descendants’ Trust v. Michael D. Brown, the court addressed scheduling and unresolved issues concerning a requested order requiring a transfer of assets. The defendant told the court about a 2012 federal tax lien against him and Mary M. Brown.
The court canceled the January 31, 2020 evidentiary hearing and related discovery and filing deadlines. It ordered both parties to submit briefs by January 20 addressing the tax lien, the validity of an assignment from Levine to MHS, whether that issue affected the court’s authority, and any other issues.
Judge Jesse M. Furman also extended the temporary restraining order entered on December 11, 2019, keeping it in effect until the court resolves the pending request for a turnover order. The order did not decide the turnover request or the assignment’s validity.
The detailed version
- Marvin H. Schein Descendants LLC v. Brown · No. 1:15-cv-01738
- Jesse Furman
- Jan. 6, 2020
Background
The parties sent letters to the court on January 3 and January 6, 2020. The case involved a pending application for a turnover order, meaning an order requiring the transfer of assets. The court had scheduled an evidentiary hearing for January 31, 2020, along with pre-hearing discovery and submission deadlines.
The defendant advised the court of a 2012 Notice of Federal Tax Lien against Michael D. Brown and Mary M. Brown. The court stated that it was not clear whether the notice affected its ability or authority to grant the requested turnover order. The court also identified an unresolved issue concerning the validity of the purported assignment from Mr. Levine to MHS, including whether the assignment’s validity was a jurisdictional issue.
Order
The court canceled the January 31 evidentiary hearing and the related pre-hearing discovery and submission deadlines. It ordered each party to submit supplemental briefing, limited to seven pages, by January 20, 2020. The briefing must address the effect, if any, of the federal tax-lien notice on the proceedings and requested relief; the validity of the purported assignment from Mr. Levine to MHS, including any jurisdictional issue; and any other issues the parties wished to raise.
The court also extended the temporary restraining order signed on December 11, 2019. The order stated that the temporary restraining order would remain in effect unless and until the court resolved the pending turnover application. The opinion did not resolve the turnover application, the tax-lien issue, or the assignment’s validity.
Disposition
This was a procedural order. The court canceled the scheduled hearing and related deadlines, ordered supplemental briefing, and extended the temporary restraining order. Judge Jesse M. Furman did not issue a final ruling on the requested turnover order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.