Kuns Northcoast Security Center LLC v. Sharp
Adversary Proceeding
Lead BK case is: 3:22-bk-30854
Lead BK case is: 3:22-bk-30854
| Ohio Northern Bankruptcy Court | |
| Chapter 7 | |
| Judge: | Mary Ann Whipple |
| Case #: | 3:22-ap-03039 |
| Nature of Suit | 67 Bankruptcy - Dischargeability - §523(a)(4), fraud as fiduciary, embezzlement, larceny 68 Bankruptcy - Dischargeability - §523(a)(6), willful and malicious injury |
| Case Filed: | Sep 27, 2022 |
| Terminated: | Sep 04, 2024 |
| Last checked: never |
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Defendant
Kenneth Paul Sharp
1544 Oak Harbor Rd
Fremont, OH 43420 |
Represented By
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Plaintiff
Kuns Northcoast Security Center LLC
1400 W. State St.
Fremont, OH 43420 |
Represented By
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GPO
Jun 03 2024
Memorandum of Decision and Order signed on 6/3/2024. The court finds Defendants Second Amended Motion to Dismiss/Motion for Summary Judgment Doc. # 19 is GRANTED in part as follows: 1. Partial Summary Judgment is hereby entered in Defendants favor on Plaintiffs claims brought under §§ 523(a)(2), (a)(4) and (a)(6) based on his vicarious liability for the acts of Patty Sharp. Defendants Second Amended Motion to Dismiss/Motion for Summary Judgment Doc. # 19 is otherwise DENIED, with the following disputed matters remaining to be determined: 1. Efficacy of service of the State Court complaint on Defendant. 2. Application of issue preclusion to the State Court judgment and the extent to which this court is bound thereby. 3. Defendants liability for his own alleged misconduct in aiding and abetting or conspiring with Patty Sharp under the elements of each of §§ 523(a)(2), (a)(4) and (a)(6). (RE: 19 Amended Motion). A further Pretrial Scheduling Conference will be set by separate Order of the Court. (mknei crt) |
| Docket last updated: 10 hours ago |
| Wednesday, September 04, 2024 | ||
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utility
Disposition of Adversary
Wed 09/04 9:03 AM
Disposition of Adversary 3:22-ap-3039 (mknei) |
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court
Close Adversary Case
Wed 09/04 9:17 AM
Adversary Case 3:22-ap-3039 Closed (mknei) |
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| Wednesday, August 28, 2024 | ||
| 42 | 42
BNC
Notice of Order on Motion to Dismiss Adversary Proceeding
Thu 08/29 12:09 AM
Notice of Order on Motion to Dismiss Adversary Proceeding w/ BNC Certificate of Mailing Notice Date 08/28/2024. (Admin.) |
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| Monday, August 26, 2024 | ||
| 41 | 41
order
Dismiss Adversary Proceeding
Mon 08/26 9:09 AM
Order Granting Motion to Dismiss Adversary Proceeding (RE #39 ) Signed on 8/26/2024. (mknei crt) |
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| Saturday, August 24, 2024 | ||
| 40 | 40
BNC
Notice of Scheduling Order
Sun 08/25 12:06 AM
Notice of Scheduling Order w/ BNC Certificate of Mailing Notice Date 08/24/2024. (Admin.) |
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| Friday, August 23, 2024 | ||
| 39 | 39
motion
Dismiss Adversary Proceeding
Fri 08/23 2:40 PM
Motion to Dismiss Adversary Proceeding Filed by Kuns Northcoast Security Center LLC (Ciolek, Scott aty) |
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| Thursday, August 22, 2024 | ||
| 38 | 38
order
Scheduling Order (PDF)
Thu 08/22 3:41 PM
Sixth Adversary Proceeding Scheduling Order Signed on 8/22/2024. Plaintiff is granted fourteen (14) days to file a Motion to Dismiss. . (mknei crt) |
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| 37 | 37
court
Proceeding Memo
Thu 08/22 12:47 PM
Proceeding Memo: Further Pretrial held. Plaintiff to file Motion to Dismiss Adversary proceeding within 14 days. (mknei) |
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| Friday, July 19, 2024 | ||
| 36 | 36
BNC
Notice of Scheduling Order
Sat 07/20 12:15 AM
Notice of Scheduling Order w/ BNC Certificate of Mailing Notice Date 07/19/2024. (Admin.) |
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| Wednesday, July 17, 2024 | ||
| 35 | 35
order
Scheduling Order (PDF)
Wed 07/17 4:33 PM
Fifth Adversary Proceeding Scheduling Order Signed on 7/17/2024 . Parties may appear in person or by telephone by calling the Court's conference line no less than 5 minutes prior to the Further Pre-Trial Scheduling Conference set for 8/22/2024 at 10:30 AM at Courtroom #1 Toledo. (mknei crt) |
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| Tuesday, July 16, 2024 | ||
| 34 | 34
court
Proceeding Memo
Wed 07/17 10:31 AM
Proceeding Memo: Further Pretrial on Complaint held. Adjourned to 8/22/24 at 10:30 am. (mknei) |
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| Friday, June 28, 2024 | ||
| 33 | 33
BNC
Notice of Order to Continue Hearing
Sat 06/29 12:17 AM
Notice of Order on Motion to Continue Hearing w/ BNC Certificate of Mailing Notice Date 06/28/2024. (Admin.) |
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| Wednesday, June 26, 2024 | ||
| 32 | 32
order
Continue Hearing
Wed 06/26 11:41 AM
Order Granting Motion To Continue Hearing On (RE31 ) Signed on 6/26/2024. Parties may appear in person or by telephone by calling the Court's conference line no less than 5 minutes prior to the Hearing scheduled for 7/16/2024 at 01:30 PM at Courtroom #1 Toledo. (mknei crt). Related document(s)26 Opinion and Order. Modified on 6/26/2024 to add link to Doc #26 that was not available during the docketing process (mknei) |
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| Monday, June 24, 2024 | ||
| 31 | 31
motion
Continue Hearing
Mon 06/24 4:34 PM
Motion to Continue Hearing On 6/27/24 Filed by Kuns Northcoast Security Center LLC (Ciolek, Scott aty). Related document(s)19 Amended Motion to Dismiss/Motion for Summary Judgment filed by Defendant Kenneth Paul Sharp,26 Opinion and Order. Modified on 6/24/2024 to correct link (mknei) |
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| 30 | 30
motion
Continue Hearing
Mon 06/24 2:58 PM
Motion to Continue Hearing On 6/27/2024 Filed by Kuns Northcoast Security Center LLC (Ciolek, Scott aty). Related document(s)19 Amended Motion to Dismiss/Motion for Summary Judgment filed by Defendant Kenneth Paul Sharp,26 Opinion and Order. Modified on 6/24/2024 to correct links (mknei). Modified on 6/24/2024 (mknei) |
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| Thursday, June 06, 2024 | ||
| 29 | 29
BNC
Notice of Order to Set Hearing (PDF)
Fri 06/07 12:13 AM
Notice of Order to Set Hearing Notice Date 06/06/2024. (Admin.) |
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| Wednesday, June 05, 2024 | ||
| 28 | 28
BNC
Notice of Opinion and Order
Thu 06/06 12:12 AM
Notice of Opinion and Order w/ Certificate of Service Notice Date 06/05/2024. (Admin.) |
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| Tuesday, June 04, 2024 | ||
| 27 | 27
order
Set Hearing (PDF)
Tue 06/04 8:52 AM
Order Scheduling Further Pretrial Conference signed on 6/4/2024 . Parties may appear in person or by telephone by calling the Court's conference line no less than 5 minutes prior to the Further Pretrial Conference scheduled for 6/27/2024 at 11:00 AM at Courtroom #1 Toledo. (mknei crt) |
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| Monday, June 03, 2024 | ||
| 26 | 26
17
pgs
order
Opinion and Order (PDF)
Mon 06/03 4:19 PM
Memorandum of Decision and Order signed on 6/3/2024. The court finds Defendants Second Amended Motion to Dismiss/Motion for Summary Judgment Doc. # 19 is GRANTED in part as follows: 1. Partial Summary Judgment is hereby entered in Defendants favor on Plaintiffs claims brought under §§ 523(a)(2), (a)(4) and (a)(6) based on his vicarious liability for the acts of Patty Sharp. Defendants Second Amended Motion to Dismiss/Motion for Summary Judgment Doc. # 19 is otherwise DENIED, with the following disputed matters remaining to be determined: 1. Efficacy of service of the State Court complaint on Defendant. 2. Application of issue preclusion to the State Court judgment and the extent to which this court is bound thereby. 3. Defendants liability for his own alleged misconduct in aiding and abetting or conspiring with Patty Sharp under the elements of each of §§ 523(a)(2), (a)(4) and (a)(6). . A further Pretrial Scheduling Conference will be set by separate Order of the Court. (mknei crt) |
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| Friday, July 28, 2023 | ||
| 25 | 25
court
Support Document
Fri 07/28 3:59 PM
Support Document Exhibit A Filed by Kuns Northcoast Security Center LLC . (Ciolek, Scott aty) |
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| 24 | 24
answer
Response
Fri 07/28 3:17 PM
Response to Defendant's Amended Motion to Dismiss/Motion for Summary Judgment Filed by Kuns Northcoast Security Center LLC (Ciolek, Scott aty) |
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Att: 1
Affidavit Affidavit
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| Friday, May 19, 2023 | ||
| 23 | 23
court
Returned Mail
Fri 05/19 2:27 PM
Returned Mail Notice from BNC to court rec'd via email on 5/19/2023. (mshai) |
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| Saturday, May 13, 2023 | ||
| 22 | 22
BNC
Notice of Scheduling Order
Sun 05/14 12:10 AM
Notice of Scheduling Order w/ BNC Certificate of Mailing Notice Date 05/13/2023. (Admin.) |
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| Thursday, May 11, 2023 | ||
| 21 | 21
order
Scheduling Order (PDF)
Thu 05/11 3:09 PM
Fourth Adversary Proceeding Scheduling Order Signed on 5/11/2023. Discovery to be completed by July 7, 2023. Plaintiff's Opposition to Defendant's Amended Motion due July 28, 2023. Any Reply by Plaintiff is due August 11, 2023. (mknei crt). Related document(s)1 Complaint filed by Plaintiff Kuns Northcoast Security Center LLC. Modified on 5/11/2023 to add link (mknei) |
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| Wednesday, May 10, 2023 | ||
| 20 | 20
court
Proceeding Memo
Wed 05/10 2:57 PM
Proceeding Memo: Further Pretrial Conference held. Discovery cut off 7/7/23. Plaintiff's Opposition to Defendant's Amended Motion doc #18 due 7/28/23. Any Reply by Plaintiff due by 8/11/23. (mknei) |
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| Friday, May 05, 2023 | ||
| 19 | 19
motion
Amended Motion
Fri 05/05 2:10 PM
Amended Motion to Dismiss/Motion for Summary Judgment Filed by Kenneth Paul Sharp (Ollom, Tinisha aty) |
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Att: 1
Exhibit Exhibit A
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Att: 2
Exhibit Exhibit B
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Att: 3
Exhibit Exhibit C
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| Sunday, April 23, 2023 | ||
| 18 | 18
BNC
Notice of Scheduling Order
Mon 04/24 12:10 AM
Notice of Scheduling Order w/ BNC Certificate of Mailing Notice Date 04/23/2023. (Admin.) |
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| Friday, April 21, 2023 | ||
| 17 | 17
order
Scheduling Order (PDF)
Fri 04/21 10:21 AM
Third Adversary Proceeding Scheduling Order Signed on 4/21/2023 . Defendant to file an Amended Motion, if any, by May 5, 2023. Further Pretrial Scheduling Conference set for 5/10/2023 at 11:00 AM at Courtroom #1 Toledo. Parties may appear by telephone by calling the conference line no less than 5 minutes prior to the scheduled hearing. (mknei crt) |
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| Thursday, April 20, 2023 | ||
| 16 | 16
court
Proceeding Memo
Thu 04/20 1:10 PM
Proceeding Memo; Further Pretrial held. Adjourned to 5/10/23 at 11:00 am. Defendant to file a further Amended Motion (doc #12) if any by 5/5/23 (mknei) |
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| Saturday, December 10, 2022 | ||
| 15 | 15
BNC
Notice of Scheduling Order
Sun 12/11 12:12 AM
Notice of Scheduling Order w/ BNC Certificate of Mailing Notice Date 12/10/2022. (Admin.) |
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| Thursday, December 08, 2022 | ||
| 14 | 14
order
Scheduling Order (PDF)
Thu 12/08 4:36 PM
Second Adversary Proceeding Scheduling Order Signed on 12/8/2022 . The Hearing will be held telephonically. Parties may call the conference line no less than 5 minutes prior to the Further Pre-Trial Scheduling Conference set for 4/20/2023 at 10:30 AM at Courtroom #1 Toledo. Deadline to complete discovery is 4/7/2023. (mknei crt) |
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| 13 | 13
court
Proceeding Memo
Thu 12/08 12:04 PM
Proceeding Memo: Further Pretrial held. Adjourned to 4/20/23 at 10:30 am. 1) Response to pending MFSJ at Doc. # 12 to be set upon further order of the court. 2) No further case management schedule set at this time. (mknei) |
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| Tuesday, December 06, 2022 | ||
| 12 | 12
motion
Amended Motion
Tue 12/06 1:31 PM
Amended Motion to Dismiss Adversary Proceeding Filed by Kenneth Paul Sharp (Ollom, Tinisha aty) |
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Att: 1
Exhibit Exhibit A
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Att: 2
Exhibit Exhibit B
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| Wednesday, November 09, 2022 | ||
| 11 | 11
court
Support Document
Wed 11/09 12:28 PM
Support Document Filed by Kenneth Paul Sharp . (Ollom, Tinisha aty) |
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| Sunday, November 06, 2022 | ||
| 10 | 10
BNC
Notice of Scheduling Order
Sun 11/06 11:11 PM
Notice of Scheduling Order w/ BNC Certificate of Mailing Notice Date 11/06/2022. (Admin.) |
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| Friday, November 04, 2022 | ||
| 9 | 9
order
Scheduling Order (PDF)
Fri 11/04 2:46 PM
Adversary Proceeding Scheduling Order signed on 11/4/2022. Plaintiff and Defendant shall file supplements to their respective pleadings to indicate consent or lack thereof to final order by the Bankruptcy Court by November 10, 2022. The Hearing will be held telephonically. Parties may call the conference line no less than 5 minutes prior to the Further Pre-Trial Conference set for 12/8/2022 at 10:30 AM at Courtroom #1 Toledo. (mknei crt) |
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| 8 | 8
court
Support Document
Fri 11/04 12:52 PM
Support Document re: Rule 7008 Filed by Plaintiff Kuns Northcoast Security Center LLC . (Ciolek, Scott aty) |
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| Thursday, November 03, 2022 | ||
| 7 | 7
court
Proceeding Memo
Thu 11/03 2:19 PM
Proceeding Memo: Initial Pretrial Conf held. Adjourned to 12/8/22. 1) Plaintiff and Defendant to file supplements to pleadings to indicate consent or lack thereof to final orders by Bankruptcy Court. Due w/i 7 days. 2) No further case management schedule set at this time pending Further Pretrial Conf. (mknei) |
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| Tuesday, October 25, 2022 | ||
| 6 | 6
motion
Dismiss Adversary Proceeding
Tue 10/25 2:00 PM
Motion to Dismiss Adversary Proceeding Filed by Kenneth Paul Sharp (Ollom, Tinisha aty) |
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| 5 | 5
answer
Answer to Complaint
Tue 10/25 1:59 PM
Answer to Complaint Filed by Kenneth Paul Sharp. (Ollom, Tinisha aty) |
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Att: 1
Exhibit Exhibit A/Affidavit
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| 4 | 4
answer
Response
Tue 10/25 11:48 AM
Response to Adversary Complaint Filed by Kenneth Paul Sharp (Ollom, Tinisha aty) Modified on 10/25/2022 (mknei) |
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Att: 1
Exhibit Exhibit A Affidavit
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utility
Notice Requiring Corrective Document
Tue 10/25 12:36 PM
NOTICE REQUIRING CORRECTIVE DOCUMENT: Incorrect ECF docket code selected. (mknei) |
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| Thursday, September 29, 2022 | ||
| 3 | 3
cmp
Summons Service Executed
Thu 09/29 12:44 PM
Summons Service Executed on Kenneth Paul Sharp 9/29/2022 (Ciolek, Scott aty) |
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| Tuesday, September 27, 2022 | ||
| 2 | 2
cmp
Summons Issued
Tue 09/27 3:38 PM
Summons issued on Plaintiff for service on Defendant Kenneth Paul Sharp - Answer due 10/27/2022. This Court has adopted a paperless procedure for issuing the summons in an adversary proceeding. The attached summons has been sealed, processed, and docketed by the Clerk. Electronic filers will only receive electronic email notice of this docket entry. No paper copy of the summons will be mailed; it must be printed from CM/ECF. Pursuant to Bankruptcy Rule 7004(a) and F.R.C.P. 4, it is the responsibility of the plaintiff or plaintiff's counsel to promptly serve the summons, a copy of the complaint, and, if applicable, a copy of any pre-trial or adversary case management order on defendant(s). To be timely, the summons and a copy of the complaint must be served within seven (7) days of issuance per Bankruptcy Rule 7004(e). Service of the summons is prescribed by Bankruptcy Rule 7004 and F.R.C.P. 4. If a summons is not timely served, an ''alias'' summons must be requested from the Clerk. Certification or proof of service by plaintiff or plaintiff's counsel is made by completing the Certificate of Service portion of the original summons. Attorneys should docket the summons, once served, using the Summons Service Executed event within CM/ECF. Pre-Trial Conference set for 11/3/2022 at 10:30 AM at Courtroom #2 Toledo. (mshai) |
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| 1 | 1
cmp
Complaint
Tue 09/27 10:53 AM
Adversary case 22-03039 Complaint by Kuns Northcoast Security Center LLC against Kenneth Paul Sharp. Fee Amount $350 Nature of Suit:67 (Dischargeability - 523(a)(4), fraud as fiduciary, embezzlement, larceny),68 (Dischargeability - 523(a)(6), willful and malicious injury) (Ciolek, Scott aty) |
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