Diversified Midstream LLC v. Pristine Clean Energy LLC et al
Adversary Proceeding
Lead BK case is: 5:19-bk-51200
Lead BK case is: 5:19-bk-51200
| Kentucky Eastern Bankruptcy Court | |
| Chapter 11 | |
| Judge: | Gregory R Schaaf |
| Case #: | 5:21-ap-05091 |
| Nature of Suit | 91 Bankruptcy - Declaratory judgment |
| Case Filed: | Jun 14, 2021 |
| Terminated: | Dec 22, 2021 |
| Last checked: never |
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Defendant
Pristine Clean Energy LLC
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Represented By
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Defendant
Virgie Clean Mining, LLC
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Represented By
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Plaintiff
Diversified Midstream LLC
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Represented By
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GPO
Nov 15 2021
Memorandum Opinion Granting Summary Judgment (RE: related document(s)17 Motion for Summary Judgment filed by Plaintiff Diversified Midstream LLC) (awd) |
| Docket last updated: 21 minutes ago |
| Wednesday, December 22, 2021 | ||
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court
Close Adversary Proceeding
Wed 12/22 8:08 AM
Adversary Proceeding 21-5091 Closed. (rah) |
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| Monday, November 15, 2021 | ||
| 30 | 30
order
Appear pro hac vice(Order)
Mon 11/15 11:58 AM
Order GRANTING Motion of Mark L. Esposito to Appear pro hac vice Payment Due: 11/29/2021. (awd) |
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| 29 | 29
order
Judgment
Mon 11/15 11:56 AM
Summary Judgment for Plaintiff Diversified Midstream LLC. (awd) |
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| 28 | 28
5
pgs
order
Memorandum Opinion
Mon 11/15 11:54 AM
Memorandum Opinion Granting Summary Judgment (awd) |
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| Friday, November 12, 2021 | ||
| 27 | 27
misc
Proposed Order Submitted
Fri 11/12 1:49 PM
Proposed Order submitted by Timothy K. Lowe on behalf of Diversified Midstream LLC . (Lowe, Timothy) |
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| 26 | 26
motion
Appear pro hac vice
Fri 11/12 1:46 PM
Motion to Appear pro hac vice,filed by Diversified Midstream LLC. (Lowe, Timothy) |
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| Tuesday, November 09, 2021 | ||
| 25 | 25
utility
Status Report
Tue 11/09 5:11 PM
Status Report, filed by Diversified Midstream LLC. (Lowe, Timothy) |
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| 24 | 24
notice
Notice
Tue 11/09 5:04 PM
Notice of Uncontested Motion for Summary Judgment Filed by Diversified Midstream LLC. (Lowe, Timothy) |
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| 23 | 23
utility
Witness and/or Exhibit List
Tue 11/09 3:40 PM
Exhibit list filed by Diversified Midstream LLC. (Lowe, Timothy) |
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Att: 1
Exhibit 1- Pipeline Relocation Agreement
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Att: 2
Exhibit 2- Articles of Organization of TECO Coal, LLC
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Att: 3
Exhibit 3- Articles of Amendment to Articles of Organization of TECO Coal LLC
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Att: 4
Exhibit 4- Proof of Claim of Diversified against PLM Holding Company LLC
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Att: 5
Exhibit 5- Order Establishing Bidding and Sale Procedures
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Att: 6
Exhibit 6- Notice of Potential Assumption and Assignment and Cure Amounts
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Att: 7
Exhibit 7- Notice of Successful Bidder for Premier Elkhorn Assets
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Att: 8
Exhibit 8- General Assignment and Assumption Agreement and Bill of Sale (with pertinent excerpts of exhibits E, F and G)
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Att: 9
Exhibit 9- Order Approving the Sale of Substantially All of the Debtors' Assets
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Att: 10
Exhibit 10- Notice of Closing of Assets Sale
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Att: 11
Exhibit 11- Findings of Fact, Conclusions of Law and Order Confirming Third Amended Joint Plan of Liquidation
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| Thursday, October 28, 2021 | ||
| 22 | 22
misc
Proposed Order Submitted
Thu 10/28 11:22 AM
Proposed Order submitted by Timothy K. Lowe on behalf of Diversified Midstream LLC . (Lowe, Timothy) |
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| Wednesday, October 27, 2021 | ||
| 21 | 21
epo
Deficiency re No Order Tendered
Wed 10/27 8:44 AM
Deficiency - Action Required The Court having reviewed the record and finding that no proposed order having been tendered with the Motion for Summary Judgment [ECF No. 17 ] as required by KYEB LBR 9013-1(d), It is ORDERED that a proposed order shall be tendered within 3 working days from the date of this Order. If an order is not tendered, the Court may deny the requested relief [ECF No. 17 ]. /s/ Judge Gregory R. Schaaf. Document due by 11/1/2021.(awd) |
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| Tuesday, October 26, 2021 | ||
| 20 | 20
order
Scheduling Summary Judgment Hearing
Tue 10/26 2:15 PM
Order Scheduling Hearing on Motion for Summary Judgment. Responses opposing motion due by November 4, 2021; Replies by movant to such responses due by November 11, 2021. Summary Judgment Hearing scheduled for 11/18/2021 at 9:00 AM at Lexington Courtroom, 2nd Floor. (awd) |
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| 19 | 19
misc
Affidavit
Tue 10/26 12:02 PM
Affidavit of Eric Conley filed by Diversified Midstream LLC . (Lowe, Timothy) |
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| 18 | 18
14
pgs
misc
Memorandum
Tue 10/26 11:55 AM
Memorandum Supporting Motion for Summary Judgment, filed by Diversified Midstream LLC . (Lowe, Timothy) |
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| 17 | 17
motion
Summary Judgment
Tue 10/26 11:46 AM
Motion For Summary Judgment, filed by Diversified Midstream LLC. (Lowe, Timothy) |
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| Friday, October 08, 2021 | ||
| 16 | 16
notice
Notice
Fri 10/08 3:41 PM
Notice of Service of Discovery to Defendants Filed by Diversified Midstream LLC. (Lowe, Timothy) |
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| Tuesday, July 20, 2021 | ||
| 15 | 15
misc
Corporate Ownership Statement
Tue 07/20 2:22 PM
Corporate Ownership Statement, filed by Pristine Clean Energy LLC, Virgie Clean Mining, LLC.. (Shelton, Billy) |
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| 14 | 14
answer
Answer to Complaint
Tue 07/20 2:21 PM
Answer to Complaint Filed by Pristine Clean Energy LLC, Virgie Clean Mining, LLC . (Shelton, Billy) |
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| Tuesday, June 29, 2021 | ||
| 13 | 13
misc
Corporate Ownership Statement
Tue 06/29 11:23 AM
Corporate Ownership Statement, filed by Diversified Midstream LLC.. (Lowe, Timothy) |
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| Thursday, June 24, 2021 | ||
| 12 | 12
court
Summons Service Executed
Thu 06/24 10:17 AM
Summons Service Executed. (Lowe, Timothy) |
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| 11 | 11
court
Summons Service Executed
Thu 06/24 10:14 AM
Summons Service Executed. (Lowe, Timothy) |
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| Wednesday, June 23, 2021 | ||
| 10 | 10
epo
Deficiency re Signature
Wed 06/23 7:58 AM
Deficiency - Action Required The Court having reviewed the Summons Service Executed [ECF Nos. [6 and 7]] and finding that the pleading does not meet the requirements as set forth by Fed. R. Bankr. P. 9011(a) and/or Section VI of the [LINK:Administrative Procedures Manual] , specifically, Documents do not contain a signature. It is ORDERED that said pleadings may be STRICKEN from the record unless the deficiency is corrected within 7 days from the entry of this Order. /s/ Judge Gregory R. Schaaf Date due: 6/30/2021.(kay) |
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| Tuesday, June 22, 2021 | ||
| 9 | 9
misc
Affidavit
Tue 06/22 5:06 PM
Affidavit of Timothy K. Lowe filed by Diversified Midstream LLC . (Lowe, Timothy) |
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| 8 | 8
notice
Notice
Tue 06/22 4:55 PM
Notice of of Plaintiff's Consent to Entry of Order by this Bankruptcy Court Filed by Diversified Midstream LLC. (Lowe, Timothy) |
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| 7 | 7
court
Summons Service Executed
Tue 06/22 4:51 PM
Summons Service Executed.. (Lowe, Timothy) |
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| 6 | 6
court
Summons Service Executed
Tue 06/22 4:50 PM
Summons Service Executed.. (Lowe, Timothy) |
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| Saturday, June 19, 2021 | ||
| 5 | 5
order
Trial
Mon 06/21 1:21 PM
Order for Trial. Trial date set for 12/7/2021 at 09:00 AM at Lexington Courtroom, 2nd Floor. (alf) Attorney for Plaintiff(s) |
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| Thursday, June 17, 2021 | ||
| 4 | 4
court
Summons Issued (Court Staff only)
Thu 06/17 10:50 AM
Summons Issued to Plaintiff for Service. (awd) |
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| 3 | 3
order
Pay Filing Fee
Thu 06/17 10:48 AM
Order to Pay Filing Fee. . Filing Fee due by 6/22/2021. (awd) |
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| Tuesday, June 15, 2021 | ||
| 2 | 2
epo
File Statement re Consent
Tue 06/15 1:24 PM
Deficiency - Action Required Pursuant to Bankruptcy Rules 7008 and 9027(a) of the Federal Rules of Bankruptcy Procedure, a complaint, counterclaim, cross-claim, third-party complaint and notice of removal shall contain a statement that the party does or does not consent to entry of final orders or judgment by the bankruptcy court. It appearing to the Court that the Complaint, [ECF No. 1 ], do(es) not contain such a statement, the Court hereby directs Timothy K. Lowe to file a notice regarding consent within 7 days of the entry of this Order in conformity with the above-mentioned rule(s). /s/ Judge Gregory R. Schaaf. Date due: 6/22/2021.(awd) |
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| Monday, June 14, 2021 | ||
| 1 | 1
cmp
Complaint
Mon 06/14 1:29 PM
Adversary case 21-05091 Complaint, filed by Diversified Midstream LLC against Pristine Clean Energy LLC, Virgie Clean Mining, LLC Fee Amount 350. (91 (Declaratory judgment)) (Lowe, Timothy) |
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Att: 1
Exhibit
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