Baltic Fourth LLC v. Stern
- Paul Gardephe
- 1:21-cv-04829
- U.S. District Court · Southern District of New York
- 1
In Baltic Fourth LLC v. Stern, Judge Gardephe referred the case to bankruptcy court and administratively closed it without deciding the underlying claims.
The plaintiffs, defendants, and nominal defendants in the case are affected because the matter was referred to bankruptcy court and administratively closed in the district court. The order does not decide the parties’ underlying claims.
What happened
In Baltic Fourth LLC v. Stern, the district court referred the case to the U.S. Bankruptcy Court for the Southern District of New York. The case involved Baltic Fourth LLC, Tona Construction & Management LLC, Michael Stern, JDS Fourth Avenue LLC, JDS Construction Group LLC, and two nominal defendants.
The referral was made under a standing order concerning bankruptcy-related matters. The court stated that the case could later be transferred to the U.S. Bankruptcy Court for the District of Delaware, where a related bankruptcy case was pending. The opinion did not decide the parties’ underlying claims.
Judge Paul G. Gardephe directed the Clerk of Court to make the referral and administratively closed the matter in the district court. The order made the referral without prejudice to a possible transfer to the Delaware bankruptcy court.
The detailed version
- Baltic Fourth LLC v. Stern · No. 1:21-cv-04829
- Paul Gardephe
- June 3, 2021
Background
Baltic Fourth LLC and Tona Construction & Management LLC brought the case against Michael Stern, JDS Fourth Avenue LLC, and JDS Construction Group LLC. Fourth Avenue JV LLC and Fourth Avenue Property Owner LLC were named as nominal defendants. The opinion does not describe the underlying claims.
Court’s Action
Pursuant to the Amended Standing Order of Reference of Chief Judge Loretta A. Preska, the court referred the matter to the U.S. Bankruptcy Court for the Southern District of New York. The order stated that the referral was without prejudice to transfer to the U.S. Bankruptcy Court for the District of Delaware, where a bankruptcy case identified as Case No. 21-10888 was pending.
The court directed the Clerk of Court to refer the case to the Southern District of New York Bankruptcy Court and administratively closed the matter in the district court. The order did not reach or decide the underlying claims.
Disposition
The case was referred to the U.S. Bankruptcy Court for the Southern District of New York, without prejudice to a possible transfer to the Delaware Bankruptcy Court, and was administratively closed in the district court.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.