EARDLEY v. DAPCO LTO INVESTMENT, LLC et al
Adversary Proceeding
Lead BK case is: 3:19-bk-50639
Lead BK case is: 3:19-bk-50639
| Nevada Bankruptcy Court | |
| Chapter 7 | |
| Judge: | Bruce T Beesley |
| Case #: | 3:19-ap-05031 |
| Nature of Suit | 71 Bankruptcy - Injunctive relief - imposition of stay 11 Bankruptcy - Recovery of money/property - §542 turnover of property 91 Bankruptcy - Declaratory judgment |
| Case Filed: | Nov 06, 2019 |
| Terminated: | Apr 30, 2021 |
| Last checked: never |
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Defendant
DAPCO LTO INVESTMENT, LLC, A FLORIDA LIMITED LIABILITY COMPANY
4261 BRYNWOOD DRIVE
NAPLES, FL 34119 |
Represented By
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Defendant
PIKEVILLE EB INVESTORS, LLC, A KENTUCKY LIMITED LIABILITY COMPANY
287 ISLAND CREEK RD
PIKEVILLE, KY 41501 |
Represented By
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Defendant
DANIEL J ELLIOTT, AN INDIVIDUAL
800 E. COLORADO BLVD.
PASADENA, CA 91101 |
Represented By
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Defendant
MICHAEL R WEBER, AN INDIVIDUAL
103 WINDRIDGE DRIVE
NICHOLASVILLE, KY 40356 |
Represented By
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Defendant
DARREN J MARINO, AN INDIVIDUAL
8 FURLONG COURT
HOLLAND, PA 18966 |
Represented By
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Defendant
NAJIB EL KHOURY, AN INDIVIDUAL
1048 IRVINE AVENUE, APT. 342
NEWPORT BEACH, CA 92660 |
Represented By
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Defendant
MAXUM INDEMNITY COMPANY, A CONNECTICUT CORPORATION
3655 NORTH POINT PARKWAY, STE 500
ALPHARETTA, GA 30005 |
Represented By
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Plaintiff
MARIANNE EARDLEY, CHAPTER 7 TRUSTEE OF THE ESTATE OF ENERBLU, INC., A NEVADA CORPORATION
P.O. BOX 460
ELKO, NV 89803 |
Represented By
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| Docket last updated: 01/28/2025 1:06 PM PST |
| Friday, April 30, 2021 | ||
| 43 | 43
court
Close Adversary Case
Fri 04/30 2:16 PM
Disposition and Closing of Adversary Case (cly) |
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| Tuesday, April 13, 2021 | ||
| 42 | 42
misc
Certificate of Service
Tue 04/13 9:36 AM
Certificate of Service of Notice of Entry of Order Dismissing Adversary Proceeding with Prejudice Filed by CECILIA LEE on behalf of MARIANNE EARDLEY (LEE, CECILIA) |
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| Monday, April 12, 2021 | ||
| 41 | 41
notice
Notice (Adv)
Mon 04/12 1:38 PM
Notice of Entry of Order Dismissing Adversary Proceeding with Prejudice Filed by CECILIA LEE on behalf of MARIANNE EARDLEY (LEE, CECILIA) |
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| 39 | 39
orderad
Dismissal of Adversary Proceeding (BNC)
Mon 04/12 11:55 AM
Order of Dismissal of Adversary Proceeding (BNC) (cly) |
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| Thursday, April 08, 2021 | ||
| 38 | 38
adv_misc
Certificate of Service (ADV)
Thu 04/08 2:56 PM
Certificate of Service of Amended Notice of Dismissal with Prejudice Filed by CECILIA LEE on behalf of MARIANNE EARDLEY (LEE, CECILIA) |
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| 37 | 37
notice
Dismissal (case)
Thu 04/08 2:50 PM
Amended Notice of Dismissal with Prejudice Filed by CECILIA LEE on behalf of MARIANNE EARDLEY (LEE, CECILIA) |
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| Wednesday, April 07, 2021 | ||
| 36 | 36
court
Notice of Docketing Error (Adv) (BNC)
Wed 04/07 9:54 AM
Notice of Docketing Error (mmm) |
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| Tuesday, April 06, 2021 | ||
| 35 | 35
notice
Dismissal (case)
Tue 04/06 3:39 PM
Notice of Dismissal Notice of Compliance with Settlement Agreement and Dismissal with Prejudice Filed by CECILIA LEE on behalf of MARIANNE EARDLEY (LEE, CECILIA) |
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| Thursday, December 17, 2020 | ||
| 34 | 34
adv_misc
Stipulation
Thu 12/17 1:32 PM
Stipulation By NAJIB EL KHOURY, DANIEL J ELLIOTT, DARREN J MARINO, MICHAEL R WEBER and Between Plaintiff Marianne Eardley, chapter 7 Trustee of the estate of ENERBLU, INC. with Certificate of Service Filed by ADAM J. PERNSTEINER on behalf of NAJIB EL KHOURY, DANIEL J ELLIOTT, DARREN J MARINO, MICHAEL R WEBER (PERNSTEINER, ADAM) |
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| Tuesday, December 01, 2020 | ||
| 33 | 33
orderad
Stipulated/Agreed Order
Tue 12/01 3:32 PM
Stipulated/Agreed Order (cly) |
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| Wednesday, November 25, 2020 | ||
| 32 | 32
adv_misc
Stipulation
Wed 11/25 12:46 PM
Amended Stipulation By MAXUM INDEMNITY COMPANY and Between Chapter 7 Trustee Marianne Eardley To Exend Time To Respond To Plaintiffs First Amended Complaint Filed by CHAD C. BUTTERFIELD on behalf of MAXUM INDEMNITY COMPANY (BUTTERFIELD, CHAD) |
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| 31 | 31
court
Notice of Docketing Error (Adv) (BNC)
Wed 11/25 11:00 AM
Notice of Docketing Error (dag) |
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| Tuesday, November 24, 2020 | ||
| 30 | 30
adv_misc
Stipulation
Tue 11/24 11:13 AM
Stipulation By MAXUM INDEMNITY COMPANY and Between Plaintiff Chapter 7 Trustee Marianne Eardley Filed by CHAD C. BUTTERFIELD on behalf of MAXUM INDEMNITY COMPANY (BUTTERFIELD, CHAD) |
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| Friday, November 20, 2020 | ||
| 29 | 29
notice
Entry of Order (BK)
Fri 11/20 5:24 PM
Notice of Entry of Order Approving Stipulation to Extend Deadline to Answer Adversary Complaint with Certificate of Service Filed by MARY LANGSNER on behalf of DAPCO LTO INVESTMENT, LLC (LANGSNER, MARY) |
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| Wednesday, November 18, 2020 | ||
| 28 | 28
orderad
Stipulated/Agreed Order
Wed 11/18 11:53 AM
Stipulated/Agreed Order (cly) |
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| Friday, November 13, 2020 | ||
| 27 | 27
adv_misc
Stipulation
Fri 11/13 3:57 PM
Stipulation By DAPCO LTO INVESTMENT, LLC and Between MARIANNE EARDLEY to Extend Deadline to Answer Adversary Complaint with Certificate of Service Filed by MARY LANGSNER on behalf of DAPCO LTO INVESTMENT, LLC (LANGSNER, MARY) |
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| Monday, October 26, 2020 | ||
| 26 | 26
adv_misc
Certificate of Service
Mon 10/26 11:51 AM
Certificate of Service Of First Amended Complaint, Summons, Standard Discovery Plan And Scheduling Order Packet Filed by CECILIA LEE on behalf of MARIANNE EARDLEY (LEE, CECILIA) |
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| 25 | 25
adv_misc
Document
Mon 10/26 11:42 AM
Document Acceptance of Service by Defendant Dapco LTO Investment, LLC Filed by CECILIA LEE on behalf of MARIANNE EARDLEY (LEE, CECILIA) |
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| 24 | 24
adv_misc
Document
Mon 10/26 11:40 AM
Document Acceptance of Service by Defendant Pikeville EB Investors, LLC Filed by CECILIA LEE on behalf of MARIANNE EARDLEY (LEE, CECILIA) |
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| Tuesday, October 20, 2020 | ||
| 23 | 23
court
Minute Entry Continued (ADV)
Thu 10/22 12:54 PM
Minute Entry Re: hearing on 10/20/2020. Continued. Appearance: CECILIA LEE Status Hearing to be held on 01/05/2021 at 09:00 AM at Remote. (ias) |
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| 22 | 22
court
Summons Issued
Tue 10/20 1:26 PM
Summons Issued on DAPCO LTO INVESTMENT, LLC , NAJIB EL KHOURY , DANIEL J ELLIOTT , DARREN J MARINO , MAXUM INDEMNITY COMPANY , PIKEVILLE EB INVESTORS, LLC , MICHAEL R WEBER (cly) |
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| 21 | 21
court
Hearing Sched/Resched (Scheduling Conference)
Tue 10/20 1:25 PM
Scheduling Conference scheduled for 1/19/2021 at 09:00 AM at Remote. (cly) |
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| Monday, October 19, 2020 | ||
| 20 | 20
cmp
Request to Issue Summons
Mon 10/19 11:05 AM
Request to Issue Summons On: DAPCO LTO INVESTMENT, LLC, NAJIB EL KHOURY, DANIEL J ELLIOTT, DARREN J MARINO, MAXUM INDEMNITY COMPANY, PIKEVILLE EB INVESTORS, LLC, MICHAEL R WEBER. Filed by CECILIA LEE on behalf of MARIANNE EARDLEY (LEE, CECILIA) |
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| Monday, October 12, 2020 | ||
| 19 | 19
cmp
Amended Complaint
Mon 10/12 4:28 PM
First Amended Complaint Filed by CECILIA LEE on behalf of MARIANNE EARDLEY against all defendants (LEE, CECILIA) |
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| Wednesday, September 30, 2020 | ||
| 18 | 18
court
Minute Entry Continued (ADV)
Fri 10/02 1:01 PM
Minute Entry Re: hearing on 9/30/2020. Continued. Appearance: CECILIA LEE Status Hearing to be held on 10/20/2020 at 10:00 AM at BTB RN-Courtroom 2, Young Bldg.. (ias) |
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| Sunday, September 06, 2020 | ||
| 17 | 17
court
BNC Certificate of Mailing
Sun 09/06 9:40 PM
BNC Certificate of Mailing. No. of Notices: 11. Notice Date 09/06/2020. (Admin.) |
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| Friday, September 04, 2020 | ||
| 16 | 16
court
Notice of Hearing (BNC-BK and/or ADV only)
Fri 09/04 9:53 AM
Notice of Status Hearing. Status Hearing to be held on 9/30/2020 at 10:00 AM at BTB RN-Courtroom 2, Young Bldg.. (ias) |
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| Wednesday, July 29, 2020 | ||
| 15 | 15
order
Extend Time
Wed 07/29 12:48 PM
Order Granting Motion to Extend Time (cly) |
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| Tuesday, July 28, 2020 | ||
| 14 | 14
adv_misc
Declaration
Tue 07/28 2:43 PM
Declaration Of: Cecilia Lee, Esq. in Support of Ex Parte Motion for Third Extension of Time to Serve Summons and Complaint Pursuant to Federal Rule of Civil Procedure 4(m) and Federal Rule of Bankruptcy Rule 7004 Filed by CECILIA LEE on behalf of MARIANNE EARDLEY (LEE, CECILIA) |
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| 13 | 13
motion
Extend Time
Tue 07/28 2:41 PM
Ex Parte Motion to Extend Time Ex Parte Motion for Third Extension of Time to Serve Summons and Complaint Pursuant to Federal Rule of Civil Procedure 4(m) and Federal Rule of Bankruptcy Rule 7004 Filed by CECILIA LEE on behalf of MARIANNE EARDLEY (LEE, CECILIA) |
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| Tuesday, May 26, 2020 | ||
| 12 | 12
court
Minute Entry Continued (ADV)
Thu 05/28 11:55 AM
Minute Entry Re: hearing on 5/26/2020. Continued. Appearance: CECILIA LEE, MARY LANGSNER - Status Hearing to be held on 09/29/2020 at 09:00 AM at BTB RN-Courtroom 2, Young Bldg.. (ias) |
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| Tuesday, May 05, 2020 | ||
| 11 | 11
notice
Entry of Order (BK)
Tue 05/05 2:01 PM
Notice of Entry of Order Granting Ex Parte Motion for Second Extension of Time to Serve Summons and Complaint Pursuant to Federal Rule of Civil Procedure 4(m) and Federal Rule of Bankruptcy Procedure 7004 Filed by CECILIA LEE on behalf of MARIANNE EARDLEY (LEE, CECILIA) |
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| 10 | 10
order
Extend Time
Tue 05/05 8:08 AM
Order Granting Motion to Extend Time (cly) |
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| Monday, May 04, 2020 | ||
| 9 | 9
adv_misc
Declaration
Mon 05/04 10:38 AM
Declaration Of: Cecilia Lee, Esq. in Support of Ex Parte Motion for Second Extension of Time to Serve Summons and Complaint Pursuant to Federal Rule of Civil Procedure 4(m) and Federal Rule of Bankruptcy Procedure 7004 Filed by CECILIA LEE on behalf of MARIANNE EARDLEY (LEE, CECILIA) |
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| 8 | 8
motion
Extend Time
Mon 05/04 10:37 AM
Ex Parte Motion to Extend Time Ex Parte Motion for Second Extension of Time to Serve Summons and Complaint Pursuant to Federal Rule of Civil Procedure 4(m) and Federal Rule of Bankruptcy Procedure 7004 Filed by CECILIA LEE on behalf of MARIANNE EARDLEY (LEE, CECILIA) |
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| Tuesday, February 18, 2020 | ||
| 7 | 7
court
Minute Entry Continued (BK)
Wed 02/26 4:55 PM
Minute Entry Re: hearing on 2/18/2020. Continued. Appearance: CECILIA LEE (Hearing scheduled 05/26/2020 at 09:00 AM at BTB RN-Courtroom 2, Young Bldg.. (ias) |
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| Tuesday, January 21, 2020 | ||
| 6 | 6
order
Extend Time
Tue 01/21 9:43 AM
Order Granting Motion to Extend Time (lms) |
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| Wednesday, January 15, 2020 | ||
| 5 | 5
adv_misc
Declaration
Wed 01/15 2:18 PM
Declaration Of: Cecilia Lee, Esq. in Support of Ex Parte Motion to Extend Time to Serve Summons and Complaint Pursuant to Federal Rule of Civil Procedure 4(m) and Federal Rule of Bankruptcy Procedure 7004 Filed by CECILIA LEE on behalf of MARIANNE EARDLEY (LEE, CECILIA) |
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| 4 | 4
motion
Extend Time
Wed 01/15 2:17 PM
Ex Parte Motion to Extend Time to Serve Summons and Complaint Pursuant to Federal Rule of Civil Procedure 4(m) and Federal Rule of Bankruptcy Procedure 7004 Filed by CECILIA LEE on behalf of MARIANNE EARDLEY (LEE, CECILIA) |
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| Thursday, November 07, 2019 | ||
| 3 | 3
court
Hearing Sched/Resched (Scheduling Conference)
Thu 11/07 10:23 AM
Scheduling Conference scheduled for 2/18/2020 at 09:00 AM at BTB RN-Courtroom 2, Young Bldg.. (lms) |
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| Wednesday, November 06, 2019 | ||
| 2 | 2
crditcrd
Auto-docket of online payment
Wed 11/06 4:53 PM
Receipt of Filing Fee for Complaint 19-05031 btb) [cmp,cmp] ( 350.00). Receipt number 19204034, fee amount $ 350.00 (U.S. Treasury) |
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| 1 | 1
cmp
Complaint
Wed 11/06 4:51 PM
Adversary case 19-05031 Complaint for (1) Declaratory Relief; (2) for Turnover of Property of the Estate Pursuant to 11 U.S.C. § 542; and (3) for Preliminary Injunction Filed by MARIANNE EARDLEY vs. DAPCO LTO INVESTMENT, LLC, PIKEVILLE EB INVESTORS, LLC, DANIEL J ELLIOTT, MICHAEL R WEBER, DARREN J MARINO, NAJIB EL KHOURY, MAXUM INDEMNITY COMPANY Fee Amount $350. (91 (Declaratory judgment)(11 (Recovery of money/property - 542 turnover of property)(71 (Injunctive relief - reinstatement of stay)(HIGH, ELIZABETH) |
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