Havens et al v. Maritime Communications/Land Mobile LLC
Filing
80
ORDER consolidating case with 1:13cv180-SA, Cases associated.. Signed by District Judge Sharion Aycock on 9/12/14. (jlm)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
CIVIL ACTION NO. 1:13-cv-00180-SA
Lead Case
HAVENS, et al.,
Appellants,
v.
MARITIME COMMUNICATIONS/
LAND MOBILE LLC,
Appellee.
CONSOLIDATED WITH
HAVENS, et al.,
Appellants,
v.
MARITIME COMMUNICATIONS/
LAND MOBILE LLC,
Appellee.
CIVIL ACTION NO. 1:13-cv-00181-SA
1:13-cv-00182-SA
1:13-cv-00183-SA
1:13-cv-00184-SA
1:13-cv-00190-SA
1:13-cv-00191-SA
1:13-cv-00192-SA
1:13-cv-00193-SA
1:13-cv-00194-SA
ORDER CONSOLIDATING APPEALS AND REQUIRING
NOTICE OF INTENT TO PARTICIPATE IN APPEALS
THIS MATTER having been opened to the Court at a case management conference held
on August 8, 2014, and on the consent of the appellants, Warren Havens, Skybridge Spectrum
Foundation, Verde Systems LLC (formerly called Telesaurus, VPC LLC), Environmental LLC
(formerly called AMTS Consortium, LLC), Intelligent Transportation and Monitoring LLC, and
Telesaurus Holdings GB LLC (collectively, “SkyTel”), by and through their counsel, Saiber
LLC and Currie Johnson Griffin & Myers, P.A.; and appellee, Maritime Communications/Land
Mobile LLC (“Maritime”), by and through their counsel, Law Offices of Craig M. Geno, PLLC;
Order Consolidating Appeals 180 to 194.docx
and Choctaw Telecommunications, LLC (“Choctaw”), by and through its counsel Baker,
Donelson, Beamer, Caldwell & Berwitz; for entry of
an Order consolidating the above-
captioned bankruptcy appeals (collectively, the “Appeals”); and the SkyTel Parties having
previously filed three separate motions to consolidate all of the appeals (the “Motions to
Consolidate”) relating to the above captioned bankruptcy case (the “Bankruptcy Case”) into the
following groups of appeals: (i) Civil Action Nos. 1:13-CV-00173-SA and – 00174-SA relating
to the Order Confirming Plan of Reorganization in the Bankruptcy Case [Docket Nos. 973 and
980] and the Order Denying SkyTel’s Motion to exclude the Expert Testimony of Debtor’s
alleged expert, Robert J. Keller [Docket No. 985] (the “Confirmation Order Appeals”); (ii) Civil
Action Nos. 1:13-CV-00180-SA, 00181-SA, 00182-SA, 00183-SA and 00184-SA relating to the
Orders approving the assumption of certain executory contracts (asset purchase agreements) and
to sell or assign certain licenses to (a) Southern California Regional Rail Authority; (b) Enbridge,
Inc.; (c) Dixie Electric Membership Corporation, Inc. and (d) Atlas Pipeline, Inc. (the “First Set
of Assignment/Sale Orders”) [Docket Nos. 854, 855, 856, 857 and 952]; and (iii) Civil Action
Nos. 1:13-CV-00190-SA, 00191-SA, 00192-SA, 00193-SA and 00194-SA relating to the Orders
approving the assumption of certain executory contracts (the “Second Set of Assignment/Sale
Orders”) [Docket Nos. 767, 769, 770, 772 and 723]; and the Court having considered the
Motions to Consolidate and having conducted a case management conference on August 8, 2014
as to various matters, including the Motions to Consolidate; and the Court having considered the
prior joint submission of the parties dated August 4, 2014 and the statements and positions of
counsel as set forth on the record on August 8, 2014; and it appearing that the First Set of
Assignment/Sale Orders and Second Set of Assignment/Sale Orders involve common questions
of law and certain common questions of fact; and it further appearing that the Confirmation
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Order Appeals are simultaneously being consolidated under Civil Action No. 1:13-cv-00173-SA;
and for good cause shown:
IT IS HEREBY ORDERED, as follows:
The previously-filed Motions to Consolidate in these appeals are hereby deemed MOOT;
Civil Action No. 1:13-CV-00180-SA entitled Havens, et al, Appellant v. Maritime
Communications/Land Mobile LLC, Appellee, is hereby consolidated with Civil Action Nos.
1:13-CV-00181-SA; 1:13-CV-00182-SA; 1:13-CV-00183-SA; 1:13-CV-00184-SA; 1:13-CV00190-SA; 1:13-CV-00191-SA; 1:13-CV-00192-SA; 1:13-CV-00193-SA and 1:13-CV-00194SA, all being styled with the same title (collectively, the “Consolidated Appeals”). Civil Action
No. 1:13-CV00180-SA will serve as the lead case in the Consolidated Appeals and the style is to
read as above captioned;
Counsel are directed to indicate in the caption of all documents filed with the Court in the
Consolidated Appeals both the lead case number and consolidated case numbers. The words
“CONSOLIDATED WITH” must appear directly under the lead case number before the first
consolidated case number. Counsel for all parties are directed to docket and file all documents in
the lead case unless directed otherwise. Documents may be filed in all cases so long as counsel
places the words “FILED IN ALL CASES” in the caption under the last case number and
electronically files the document in each and every case in which the document is to be filed or
appropriate spreads the filing accordingly to the court’s electronic case management and filing
system. Counsel are responsible for accurately and correctly following these requirements in all
filings via the court’s electronic management system; and it is
FURTHER ORDERED AND NOTICE IS HEREBY GIVEN that the Liquidating
Agent under the Debtor’s First Amended Plan of Reorganization, contract counterparties and
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other potentially interested parties with respect to the Consolidated Appeals must file a Notice of
Interested Party within 14 days after the entry of this Order indicating that they intend to
participate in the Consolidated Appeals or be barred from participating in the Appeals.
This the 12th day of September, 2014.
/s/ Sharion Aycock_________
U.S. DISTRICT JUDGE
Submitted by:
/s/ Edward J. Currie, Jr.
Edward J. Currie, Jr., MSB No. 5546
CURRIE JOHNSON GRIFFIN & MYERS, P.A.
1044 River Oaks Drive (39232)
Post Office Box 750
Jackson, Mississippi 39205
Telephone: 601-969-1010
Facsimile: 601-969-5120
ecurrie@curriejohnson.com
and
Vincent F. Papalia (Admitted Pro Hac Vice)
Saiber LLC
18 Columbia Turnpike – Suite 200
Florham Park, New Jersey 07932
Telephone: 973-622-3333
Facsimile: 973-622-3349
vpapalia@saiber.com
Attorneys for Appellants SkyTel Parties
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/s/ Craig M. Geno
Law Offices of Craig M. Geno, PLLC
587 Highland Colony Parkway
Ridgeland, MS 39157
Telephone: 601-427-0048
Facsimile: (601) 427-0050
cmgeno@cmgenolaw.com
Attorneys for Appellees
Maritime Communications/Land Mobile LLC
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