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S.D.N.Y.Procedural orderFiled Mar. 27, 2024

In Re: Celsius Network LLC

Judge
Colleen McMahon
Docket
1:24-cv-02063
Court
U.S. District Court · Southern District of New York
Pages
2
BankruptcyCivil Procedure
In one sentence

In re Celsius Network LLC: Judge McMahon stayed bankruptcy-court proceedings during an appeal and set firm briefing deadlines.

Who this affects

Celsius Mining LLC and the appellants Mawson Infrastructure Group Inc., Luna Squares LLC, and Cosmas Infrastructure LLC; the Bankruptcy Court proceedings involving them are stayed pending appeal.

What happened

In re Celsius Network LLC concerns an appeal involving Celsius Mining LLC and Mawson Infrastructure Group Inc., Luna Squares LLC, and Cosmas Infrastructure LLC. The appeal arose from an underlying proceeding in the Bankruptcy Court and challenged Judge Glenn’s February 27, 2024 opinion and order.

Judge McMahon ordered that all Bankruptcy Court proceedings in the underlying proceeding remain stayed while the appeal is pending. The order also required the appellants to file their opening brief by April 2, Celsius Mining to file its response by April 8, and the appellants to file a reply by April 9, all at 5:00 p.m.

Judge McMahon stated that there would be no oral argument and that the Court would issue a written decision. The order also said the deadlines would not be extended and encouraged the parties to reuse their earlier briefs with limited additions addressing whether certain claims relate to the Co-Location Agreement.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
In Re: Celsius Network LLC · No. 1:24-cv-02063
Judge
Colleen McMahon
Date
Mar. 27, 2024

Background

Celsius Mining LLC is the plaintiff in an underlying adversary proceeding against Mawson Infrastructure Group Inc., Luna Squares LLC, and Cosmas Infrastructure LLC. The order identifies that proceeding as Celsius Mining LLC v. Mawson Infrastructure Group Inc., et al., Adv. Pro. No. 23-01202. The appeal concerns Judge Glenn’s February 27, 2024 opinion and order.

Court’s Order

The District Court stayed all proceedings before the Bankruptcy Court concerning the underlying adversary proceeding while the appeal is pending. The order cited Coinbase, Inc. v. Bielski, 599 U.S. 736 (2020).

The Court set the following briefing schedule:

- Mawson Infrastructure Group Inc., Luna Squares LLC, and Cosmas Infrastructure LLC, identified as the appellants, must file their opening brief by April 2, 2024, at 5:00 p.m. - Celsius Mining LLC, identified as the appellee, must file its responsive brief by April 8, 2024, at 5:00 p.m. - The appellants must file their reply brief by April 9, 2024, at 5:00 p.m.

The Court strongly encouraged the parties to file the briefs they had submitted before Judge Glenn, adding no more than one page for each claim not subject to arbitration to address whether that claim relates in any way to the Co-Location Agreement. The Court ordered that there would be no oral argument, stated that it would issue a written decision, and directed that the deadlines would not be extended for any reason.

Disposition

The Court stayed the Bankruptcy Court proceedings pending appeal and established deadlines for the appeal’s written briefing. This order did not decide the appeal’s underlying claims.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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