Southern District of New York (White Plains) CIVIL DOCKET FOR CASE #: 7:14-cv-06750-NSR Old HB, Inc. et al v. Old HB, Inc. Assigned to: Judge Nelson Stephen Roman Case in other court: USBC-SDNY, 12-B-22052 (RDD) Cause: 28:0158 Notice of Appeal re Bankruptcy Matter (BA Date Filed: 08/20/2014 Jury Demand: None Nature of Suit: 422 Bankruptcy Appeal (801) Jurisdiction: Federal Question In Re Old HB, Inc. formerly known as Hostess Brands, Inc. Debtor Old HB, Inc. formerly known as Hostess Brands, Inc. Appellant ACE American Insurance Company represented by Wendy Marie Simkulak Duane Morris LLP (PA) 30 South 17th Street Philadelphia, PA 19103 (215) 979-1000 X1547 Fax: (215)979-1020 Email: wmsimkulak@duanemorris.com LEAD ATTORNEY ATTORNEY TO BE NOTICED V. Appellee Old HB, Inc. formerly known as Hostess Brands, Inc. represented by Corinne Ball Jones Day (NYC) 222 East 41st Street New York, NY 10017 (212)-326-7844 Fax: (212)-755-7306 Email: cball@jonesday.com LEAD ATTORNEY SDNY CM/ECF Version 5.1.1 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?716335700267547-... 1 of 4 9/2/14 6:19 PM ATTORNEY TO BE NOTICED Appellee Old HB, Inc. (f/k/a Hostess Brands, Inc.) represented by David Gareth Marks Jones Day (NYC) 222 East 41st Street New York, NY 10017 (212) 326-3939 Fax: (212) 755-7306 Email: dgmarks@jonesday.com ATTORNEY TO BE NOTICED Ryan T. Routh Jones Day 901 Lakeside Avenue Cleveland, OH 44114 (216)-586-3939 Fax: (216)-579-0212 Email: rrouth@jonesday.com ATTORNEY TO BE NOTICED Appellee IBC Sales Corporation Appellee IBC Services, LLC Appellee IBC Trucking, LLC Appellee Interstate Brands Corporation Appellee MCF Legacy, Inc. Date Filed # Docket Text 08/20/2014 1 NOTICE OF APPEAL FROM THE BANKRUPTCY COURT TO THE S.D.N.Y. from the Order of Judge Robert D. Drain dated July 15, 2014. Bankruptcy Court Case Numbers: 12-B-22052 (RDD). Document led by ACE American Insurance Company. Appellant Brief due by 9/3/2014. (Attachments: # 1 Certicate of Service) (bkmc) (Entered: 08/20/2014) SDNY CM/ECF Version 5.1.1 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?716335700267547-... 2 of 4 9/2/14 6:19 PM 08/20/2014 2 DESIGNATION OF BANKRUPTCY RECORD ON APPEAL Re: 1 Bankruptcy Appeal. Document led by Appellant ACE American Insurance Company. (Attachments: # 1 Statement of Issues)(bkmc) (Entered: 08/20/2014) 08/20/2014 3 COUNTER DESIGNATION OF BANKRUPTCY RECORD ON APPEAL Re: 1 Bankruptcy Appeal. Document led by Appellee Old HB, Inc.. (Attachments: # 1 Certicate of Service)(bkmc) (Entered: 08/20/2014) 08/20/2014 Case Designated ECF. (fk) (Entered: 08/22/2014) 08/20/2014 Magistrate Judge Lisa M. Smith is so designated. (fk) (Entered: 08/22/2014) 08/22/2014 4 NOTICE OF APPEARANCE by Wendy Marie Simkulak on behalf of ACE American Insurance Company. (Simkulak, Wendy) (Entered: 08/22/2014) 08/22/2014 5 CERTIFICATE OF SERVICE of Appearance of Counsel served on Old HB, Inc. (f/k/a Hostess Brands, Inc.) on 8/22/2014. Service was made by mail and e-mail. Document led by ACE American Insurance Company. (Simkulak, Wendy) (Entered: 08/22/2014) 08/25/2014 6 NOTICE OF APPEARANCE by David Gareth Marks on behalf of Old HB, Inc. (f/k/a Hostess Brands, Inc.). (Marks, David) (Entered: 08/25/2014) 08/26/2014 7 ORDER ESTABLISHING BRIEFING SCHEDULE: The following schedule shall govern brieng in the Appeal: September 17, 2014: The ACE Companies' deadline to le their Opening Brief. October 1, 2014: Appellees' deadline to le their Responsive Brief. October 15, 2014: The ACE Companies' deadline to le their Reply Brief. SO ORDERED. (Brief due by 9/17/2014. Reply to Response to Brief due by 10/15/2014. Responses to Brief due by 10/1/2014.) (Signed by Judge Nelson Stephen Roman on 8/25/2014) (mml) (Entered: 08/26/2014) 08/29/2014 8 MOTION for Ryan T. Routh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10050646. Motion and supporting papers to be reviewed by Clerk's Ofce staff. Document led by Old HB, Inc. (f/k/a Hostess Brands, Inc.). (Attachments: # 1 Proposed Order)(Routh, Ryan) (Entered: 08/29/2014) 08/29/2014 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 8 MOTION for Ryan T. Routh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10050646. Motion and supporting papers to be reviewed by Clerk's Ofce staff.. The document has been reviewed and there are no deciencies. (sdi) (Entered: 08/29/2014) 08/29/2014 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent IBC Sales Corporation for IBC Trucking, LLC, MCF Legacy, Inc.; Corporate Parent Old HB, Inc. for IBC Services, LLC, Interstate Brands Corporation; Corporate Parent IBC Investors I, LLC, Corporate Parent IBC Investors II, LLC, Corporate Parent SPCP Group, LLC for Old HB, Inc. (f/k/a Hostess Brands, Inc.); Corporate Parent Interstate Brands Corporation for IBC Sales Corporation. Document led by Old HB, Inc. (f/k/a Hostess Brands, Inc.), IBC Sales Corporation, IBC Services, LLC, IBC Trucking, LLC, Interstate Brands Corporation, MCF Legacy, Inc..(Marks, SDNY CM/ECF Version 5.1.1 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?716335700267547-... 3 of 4 9/2/14 6:19 PM David) (Entered: 08/29/2014) SDNY CM/ECF Version 5.1.1 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?716335700267547-... 4 of 4 9/2/14 6:19 PM