Free Designation of Record on Appeal - District Court of Delaware - Delaware

Case 1 :06-cv-00047-JJF Document 2 Filed 01 /25/2006 Page 1 of 4
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
)
In re: ) Chapter 11
)
Holiday RV Superstores, Inc., ) Case No. 03-13221 (MFW)
)
Debtors. )

MARCUS LEMONIS, an Individual, and )
FREEDOMROADS LLC, a Limited ) Adv. No. 05-52271 (MFW)
Liability Company, )
) Appeal No. 05-86
Appellants, )
)
v. )
)
DOERGE CAPITAL COLLATERALIZED ) Transferred from the United States
BRIDGE FUND, L.P., a Limited Partnership, ) Bankruptcy Court for the Northern
ARMANDO ALONSO, an Individual, ) District of Illinois
FRANCISCO ALONSO, an Individual, )
ERNEST DAVIS, JR., an Individual, and )
THOMAS HALL, an Individual, )
) Related to Docket Nos. 25 and 31
Appellees. )
_)
APPELLANTS MARCUS LEMONIS AND FREEDOMROADS LLC’S
STATEMENT OF THE ISSUES AND DESIGNATION OF ITEMS TO BE
INCLUDED IN THE RECORD ON APPEAL
Pursuant to Federal Rule of Bankruptcy Procedure 8006, Appellants, Marcus Lemonis
and FreedomRoads LLC, hereby submit this Statement of the Issues and Designation of Items To
Be Included in the Record on the Appeal from the Order Granting Plaintiffs’ Motion To Abstain
and Remand filed on December 22, 2005 (Docket # 31).
Statement of the Issues on Appeal
1. Was the Bankruptcy Court correct in remanding this matter even though it treated
it as a core matter?
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2. Does the Bankruptcy Court have jurisdiction to hear Plaintiffs’ claims and is it
appropriate to remand a case over which the Bankruptcy Court has jurisdiction?
Designation of Items To Be Included in the Record on Appeal
Appellants Marcus Lemonis and FreedomRoads LLC hereby designate the following
items to be included in the record for this appeal:}
1. Motion to Abstain and Remand State Court Action to the Circuit Court of Lake County,
Illinois
Docket No.: 2 (filed as Exhibit A to Plaintif`f`s’ Motion to (a) Schedule Hearing on Their
Motion to Remand; and (b) for Leave to file Supplemental Memorandum and includes
copy of Complaint filed on or about October 27, 2004).
Exhibit: A
2. Defendants’ Response in Opposition to Plaintiffs’ Motion to Abstain and Remand
Docket No.: 2 (filed as Exhibit B to Plaintif`fs’ Motion to (a) Schedule Hearing on Their
Motion to Remand; and (b) for Leave to file Supplemental Memorandum, and includes
copy of verified Complaint at Law filed on or about November 6, 2002, Doerge Capital
Proof of Claim, Certificate of Attorney, and 2003 Annual Report ofthe Illinois Courts).
Exhibit: B
3. Plaintiffs’ Reply in Support of Motion to Abstain and Remand State Court Action to The
Circuit Court of Lake County, Illinois
Docket No.: 2 (filed as Exhibit C to Plaintiffs’ Motion to (a) Schedule Hearing on Their
Motion to Remand; and (b) for Leave to file Supplemental Memorandum).
Exhibit: C
4. Plaintiffs’ Supplemental Memorandum in Support of Their Motion to Abstain and
Remand
Docket No.: 5
Exhibit: D
I Pursuant to Del. Bankr. LR 8006-1, a copy of each of the designated items is being delivered
to the Clerk contemporaneously herewith.
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5. Defendants’ Supplemental Memorandum in Opposition to Plaintiffs’ Motion to Abstain
and Remand
Docket No.: 8
Exhibit: E
6. Findings of Fact, Conclusions of Law and Order pursuant to 11 U.S.C. §1129 and Fed. R.
Bankr.3020 Confirming Second Amended Plan of Reorganization of Holiday RV
Superstores, Inc. and Second Amended Plan of Reorganization of Holiday RV
Superstores, Inc.
Docket No.: 22
Exhibit: F
7. Transcript of Motion Hearing Before Honorable Mary F. Walrath Held on December 5,
2005 at 11:30 a.m.
Docket No.: 24
Exhibit: G
8. Marcus Lemonis and FreedomRoads LLC’s Notice of Appeal or, In the Alternative,
Objection to Proposed Findings and Conclusions
Docket No.: 25
Exhibit: H
9. Statement of Election to Have Appeal Heard by District Court
Docket No.: 27
Exhibit: I
10. Order Granting Plaintiffs’ Motion to Abstain and Remand
Docket No.: 31
Exhibit: J
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Case 1:06-cv-00047-JJF Document 2 Filed O1/25/2006 Page 4 of 4
MORRIS, JAMES, HITC ENS & WILLIAMS LLP
Dated: January 3, 2006 ' U q I I \, it I Ky
Bre . n, squire (#2480) I
222 Delaware Avenue, 10th Floor
Wilmington, DE 19801
Telephone: (302) 888-6888
Telecopy: (302) 571-1750
Email: bfa11on(a)morrisjames.com
and
Arthur J. Howe, Esquire
Ian H. Fisher, Esquire
Schopf & Weiss LLP
312 W. Randolph Street, Suite 300
Chicago, IL 60606
Telephone: (312) 701-9300
Telecopyz (312) 701-9335
Email: [email protected]
Email: [email protected]
Attomeys For Marcus Lemonis and
Freed0mRoads LLC
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