Adversary Proceeding
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 Suit91 Bankruptcy - Declaratory judgment
Case Filed:Jun 14, 2021
Terminated:Dec 22, 2021
Last checked: never
Defendant
Pristine Clean Energy LLC
Represented By
Pristine Clean Energy LLC
contact info
Defendant
Virgie Clean Mining, LLC
Represented By
Virgie Clean Mining, LLC
contact info
Plaintiff
Diversified Midstream LLC
Represented By
Timothy K. Lowe
contact info

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
court Close Adversary Proceeding Wed 12/22 8:08 AM
Adversary Proceeding 21-5091 Closed. (rah)
Related: [-]
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 Related [+] Payment Due: 11/29/2021. (awd)
Related: [-] 26
29 29 order Judgment Mon 11/15 11:56 AM
Summary Judgment for Plaintiff Diversified Midstream LLC. (awd)
Related: [-]
28 28 5 pgs order Memorandum Opinion Mon 11/15 11:54 AM
Memorandum Opinion Granting Summary Judgment Related [+] (awd)
Related: [-] 17 Motion for Summary Judgment filed by Plaintiff Diversified Midstream LLC
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 Related [+]. (Lowe, Timothy)
Related: [-] 26 Motion to Appear pro hac vice filed by Plaintiff Diversified Midstream LLC
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)
Related: [-]
Tuesday, November 09, 2021
25 25 utility Status Report Tue 11/09 5:11 PM
Status Report, filed by Diversified Midstream LLC. (Lowe, Timothy)
Related: [-]
24 24 notice Notice Tue 11/09 5:04 PM
Notice of Uncontested Motion for Summary Judgment Filed by Diversified Midstream LLC. (Lowe, Timothy)
Related: [-]
23 23 utility Witness and/or Exhibit List Tue 11/09 3:40 PM
Exhibit list filed by Diversified Midstream LLC. (Lowe, Timothy)
Related: [-]
Att: 1 Exhibit 1- Pipeline Relocation Agreement
Att: 2 Exhibit 2- Articles of Organization of TECO Coal, LLC
Att: 3 Exhibit 3- Articles of Amendment to Articles of Organization of TECO Coal LLC
Att: 4 Exhibit 4- Proof of Claim of Diversified against PLM Holding Company LLC
Att: 5 Exhibit 5- Order Establishing Bidding and Sale Procedures
Att: 6 Exhibit 6- Notice of Potential Assumption and Assignment and Cure Amounts
Att: 7 Exhibit 7- Notice of Successful Bidder for Premier Elkhorn Assets
Att: 8 Exhibit 8- General Assignment and Assumption Agreement and Bill of Sale (with pertinent excerpts of exhibits E, F and G)
Att: 9 Exhibit 9- Order Approving the Sale of Substantially All of the Debtors' Assets
Att: 10 Exhibit 10- Notice of Closing of Assets Sale
Att: 11 Exhibit 11- Findings of Fact, Conclusions of Law and Order Confirming Third Amended Joint Plan of Liquidation
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 Related [+]. (Lowe, Timothy)
Related: [-] 17 Motion for Summary Judgment filed by Plaintiff Diversified Midstream LLC,18 Memorandum filed by Plaintiff Diversified Midstream LLC,19 Affidavit filed by Plaintiff Diversified Midstream LLC
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)
Related: [-]
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. Related [+] Summary Judgment Hearing scheduled for 11/18/2021 at 9:00 AM at Lexington Courtroom, 2nd Floor. (awd)
Related: [-] 17 Motion for Summary Judgment filed by Plaintiff Diversified Midstream LLC
19 19 misc Affidavit Tue 10/26 12:02 PM
Affidavit of Eric Conley filed by Diversified Midstream LLC Related [+]. (Lowe, Timothy)
Related: [-] 18 Memorandum filed by Plaintiff Diversified Midstream LLC
18 18 14 pgs misc Memorandum Tue 10/26 11:55 AM
Memorandum Supporting Motion for Summary Judgment, filed by Diversified Midstream LLC Related [+]. (Lowe, Timothy)
Related: [-] 17 Motion for Summary Judgment filed by Plaintiff Diversified Midstream LLC
17 17 motion Summary Judgment Tue 10/26 11:46 AM
Motion For Summary Judgment, filed by Diversified Midstream LLC. (Lowe, Timothy)
Related: [-]
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)
Related: [-]
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)
Related: [-]
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 Related [+]. (Shelton, Billy)
Related: [-] 1 Complaint filed by Plaintiff Diversified Midstream LLC
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)
Related: [-]
Thursday, June 24, 2021
12 12 court Summons Service Executed Thu 06/24 10:17 AM
Summons Service Executed. (Lowe, Timothy)
Related: [-]
11 11 court Summons Service Executed Thu 06/24 10:14 AM
Summons Service Executed. (Lowe, Timothy)
Related: [-]
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)
Related: [-]
Tuesday, June 22, 2021
9 9 misc Affidavit Tue 06/22 5:06 PM
Affidavit of Timothy K. Lowe filed by Diversified Midstream LLC Related [+]. (Lowe, Timothy)
Related: [-] 3 Order to Pay Filing Fee
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)
Related: [-]
7 7 court Summons Service Executed Tue 06/22 4:51 PM
Summons Service Executed.. (Lowe, Timothy)
Related: [-]
6 6 court Summons Service Executed Tue 06/22 4:50 PM
Summons Service Executed.. (Lowe, Timothy)
Related: [-]
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)
Related: [-]
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)
Related: [-]
3 3 order Pay Filing Fee Thu 06/17 10:48 AM
Order to Pay Filing Fee. Related [+]. Filing Fee due by 6/22/2021. (awd)
Related: [-] 1 Complaint filed by Plaintiff Diversified Midstream LLC
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)
Related: [-]
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)
Related: [-]
Att: 1 Exhibit