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

Case 1 :07-cv-00559-SLR Document 2 Filed 09/17/2007 Page 1 of 4
UNITED STATES BANKRUPTCY COURT
DISTRICT OF DELAWARE
In re: §
§
NEW CENTURY TRS HOLDINGS, INC., § CASE NO. 07-10416-KJC
EIT AL., §
§ Chapter 11
Debtors. §
§ J ointly Administered
APPELLANT’S DESIGNATION OF ITEMS TO BE INCLUDED IN THE RECORD ON
APPEAL AND STATEMENT OF THE ISSUES TO BE PRESENTED ON THE APPEAL
OF THE ORDER I) DENYING APPELLANT’S MOTION FOR RELIEF FROM THE
AUTOMATIC STAY AND II) GRANTING DEBTORS’
CROSS-MOTION FOR SANCTIONS (REGARDING DOCKET NUMBER 2265)
Positive Software Solutions, Inc. ("Positive Software"), through its undersigned
attorneys, pursuant to Rule 8006 of the Federal Rules of Bankruptcy Procedure (the "Bankmptcy
Ru1es"), hereby files this Designation of Items to be Included in the Record on Appeal and
Statement of the Issues to be Presented on Appeal for the above-referenced appeal of the Order I)
Denying Appe1lant’s Motion for Relief from the Automatic Stay and II) Granting Debtors} Cross-
Motion for Sanctions (Dkt. No. 2265) issued by the United States Bankruptcy Court for the
District of Delaware (the “Bankn1ptcy Court") on August 15, 2007.
On July 10, 2007, Positive Software tiled its Motion for Relief from the Stay Regarding
Copyright Infringement Litigation (Dkt. No. 1877). On July 31, 2007, the Debtors tiled their
Response to the "Motion of Positive Software Solutions, Inc. for Relief from the Stay Regarding
Copyright Infringement Litigation", and Cross-Motion for Sanctions for Violation of the
Automatic Stay (Dkt. No. 2101). On August 3, 2007, the Official Committee of Unsecured
Creditors tiled their Objection to the Motion of Positive Software Solutions, Inc. for Relief from
the Stay Regarding Copying Infringement Litigation (Dkt. No. 2146).
wM1A 105367vI 09/04/07

Case 1:07-cv-00559-SLR Document 2 Filed 09/17/2007 Page 2 of 4
On August 15, 2007, the Court entered its Order (I) Denying the Motion of Positive
Software Solutions, Inc. for Relief from the Stay Regarding Copyright Infringement Litigation
and (II) Granting the Debtors’ Cross-Motion for Sanctions for Violation of the Automatic Stay
(Dkt. No. 2265). Therein the Court held that "[d]amages shall include the dollar value of
reasonable time spent by the Debtors’ bankruptcy counsel and their counsel in the Texas District
Court case in connection with violations of the stay." Positive Software tiled its Notice of
Appeal on August 24, 2007.
STATEMENT OF ISSUES TO BE PRESENTED
Whether the Bankruptcy Cotut erred in: (i) determining that Positive Software violated
the automatic stay imposed by section 362 of title 11 of the United States Code (the "Bankmptcy
Code"); and (ii) granting the Debtors’ Cross-Motion for Sanctions for Violation ofthe Automatic
Stay.
DESIGNATION OF ITEMS TO BE INCLUDED IN THE RECORD ON APPEAL
Item Docket Document
No.
1 1877 7/10/05 Motion of Positive Software for Relief from the Stay Regarding Copyright
Infringement Litigation
2 1969 7/18/07 Notice of Filing [Regarding Docket No. 1877]
3 1969 7/ 18/07 Exhibit A to the Motion of Positive Software for Relief from the Stay Regarding
Copyright Infringement Litigation (the “License Agreement")
4 1969 7/18/07 Exhibit B to the Motion of Positive Software for Relief from the Stay Regarding
Copyright Infringement Litigation (the "Preliminary Injunction”)
5 1969 7/18/07 Exhibit C to the Motion of Positive Software for Relief from the Stay Regarding
Copyright Infringement Litigation (the "Vacatur Order")
2101 7/31/07 Debtors’ Response to the "Motion of Positive Software Solutions, Inc. for Relief
from the Stay Regarding Copyright Infringement Litigation", and Cross-Motion
for Sanctions for Violation of the Automatic Stay
7 2101 7/31/07 Exhibit A to Debtors’ Response to the "Motion of Positive Software Solutions,
Inc. for Relief from the Stay Re ardin; Co yri ht Inirin ement Liti ation", and
wM1A 105367vi 09/04/07 2

Case 1:07-cv-00559-SLR Document 2 Filed 09/17/2007 Page 3 of 4
Item Docket Document
No.
Cross-Motion for Sanctions for Violation of the Automatic Stay
2101 7/31/07 Exhibit B to Debtors’ Response to the "Motion of Positive Software Solutions,
Inc. for Relief from the Stay Regarding Copyright Infringement Litigation", and
Cross-Motion for Sanctions for Violation of the Automatic Stay
2101 7/31/07 Exhibit C to Debtors’ Response to the "Motion of Positive Software Solutions,
Inc. for Relief from the Stay Regarding Copyright Infringement Litigation”, and
Cross-Motion for Sanctions for Violation of the Automatic Stay
10 2146 8/3/07 Objection of the Official Committee of Unsecured Creditors to the Motion of
Positive Software Solutions, Inc. for Relief from the Stay Regarding Copyright
Infringement Litigation
11 2171 8/6/07 Motion of Positive Software Solutions, Inc. to File Under Seal its Reply Regarding
its Motion for Relief from the Stay and Response to Debtors’ Cross-Motion for
Alleged Stay Violation
12 2171 8/6/07 Exhibit A to Motion of Positive Software Solutions, Inc. to File Under Seal its
Reply Regarding its Motion for Relief from the Stay and Response to Debtors’
Cross-Motion for Alleged Stay Violation
13 2171 8/06/07 Exhibit A to Reply of Positive Software Solutions, Inc., Regarding its Motion for
Relief from the Stay and response to Debtors’ Cross-Motion for Alleged Stay
Violation
14 2171 8/06/07 Exhibit B to Reply of Positive Software Solutions, Inc., Regarding its Motion for
Relief from the Stay and response to Debtors’ Cross-Motion for Alleged Stay
Violation
15 2171 8/06/07 Exhibit C to Reply of Positive Software Solutions, Inc., Regarding its Motion for
Relief from the Stay and response to Debtors’ Cross-Motion for Alleged Stay
Violation
16 2171 08/06/07 Exhibit D to Reply of Positive Software Solutions, Inc., Regarding its Motion for
Relief from the Stay and response to Debtors’ Cross-Motion for Alleged Stay
Violation
17 2451 - Transcript Hearing Held 8/7/06
18 2265 8/15/07 Order (I) Denying the Motion of Positive Software Solutions, Inc. for Relief from
the Stay Regarding Copyright Infringement Litigation and (II) Granting the
Debtors’ Cross-Motion for Sanctions for Violation of the Automatic Stay
19 2561 8/24/07 Notice Of Appeal of the Order (I) Denying the Motion of Positive Software
Solutions, Inc. for Relief from the Stay Regarding Copyright Infringement
Litigation and (II) Granting the Debtors’ Cross-Motion for Sanctions for Violation
of the Automatic Stay
wM1A 105367vl 09/04/07 3

Case 1:07-cv-00559-SLR Document 2 Filed 09/17/2007 Page 4 of 4
RESERVATION OF RIGHTS
Positive Software reserves its right in the United States District Court for the District of
Delaware to object to or move to strike or otherwise modify some or all of any counter-
designation of items to be included in the record on appeal or counter-statement of issues to be
presented that might be submitted.
Dated: September 4, 2007
Wilmington, Delaware FOX ROTHSCHILD LLP
By: /s/ Anthony M. Saccullo
Daniel K. Astin (Bar No. 4068)
Anthony M. Saccullo (Bar No. 4141)
Carl D. Neff (Bar No. 4895)
Citizens Bank Center, Suite 1300
919 N. Market Street, P.O. Box 2323
Wilmington, Delaware 19899-2323
Tel (302) 654-7444/F ax (302) 656-892
[email protected]
[email protected]
[email protected]
-and-
Mark H. Ralston, Esq.
Texas Bar No. 16489460
THE RALSTON LAW FIRM
2603 Oak Lawn Avenue
Suite 230, LB 2
Dallas, Texas 75219-9109
Telephone: (214) 295-6416
[email protected]
Counsel to Positive Software Solutions, Inc.
WMIA 105367vi 09/04/07 4

Case 1:07-cv-00559-SLR

Document 2

Filed 09/17/2007

Page 1 of 4

Case 1:07-cv-00559-SLR

Document 2

Filed 09/17/2007

Page 2 of 4

Case 1:07-cv-00559-SLR

Document 2

Filed 09/17/2007

Page 3 of 4

Case 1:07-cv-00559-SLR

Document 2

Filed 09/17/2007

Page 4 of 4