Acadian Energy Resources, LLC et al v. Carpenter et al
| J. Howard Bass & Associates, Inc. and Acadian Energy Resources, LLC |
| James R. Carpenter, Sunshine Property Investments, LLC, William Polan and Robert Shane Polan |
| 2:2009cv00150 |
| February 18, 2009 |
| US District Court for the Southern District of West Virginia |
| Fraud or Truth-In-Lending Office |
| XX US, Outside State |
| John T. Copenhaver, Jr. |
| Plaintiff |
| Diversity |
| 28:1332 Diversity-Fraud |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
207
MEMORANDUM OPINION AND ORDER denying without prejudice the 156 MOTION for clarification; and denying without prejudice, as being moot, the 157 MOTION to intervene and stay; directing that the current stay in this is continued pending the further order of the court; the non-debtor parties, along with Trustee Roberts and Trustee Lowe, are requested to file quarterly status reports beginning 10/1/2010, summarizing the status of the proceedings in the bankruptcy court, the effect of that litigat ion, if any, upon the further proceedings herein, and any other impending, material developments which may impact the litigation in either the bankruptcy court or this court. Signed by Judge John T. Copenhaver, Jr. on 7/30/2010. (cc: attys; any unrepresented parties) (taq)
|
|
Filing
198
MEMORANDUM OPINION AND ORDER directing the Clerk to terminate Richard Cheatham and TSAR-WV's 145 MOTION to Modify Order as the motion was resolved by the 12/22/2009 Order; the 149 , 167 and 183 MOTIONS are referred to the United States Ma gistrate Judge; the 156 and 157 motions pend before the undersigned; this civil action is stayed pending a decision on the 156 MOTION for clarification and the 157 MOTION to Intervene and stay; the requirements and directives of the memorandu m opinion and order entered earlier today are excepted from the effect of this temporary stay order; as a further exception to the temporary stay, counsel for the putative intervenor and counsel for all parties, except the debtors, are directed to fi le a joint status report by 02/17/2010, summarizing the ongoing proceedings in the Texas bankruptcy court, their effect, if any, upon the further proceeding herein, and any impending, material developments which may impact the litigation in either th e Texas bankruptcy court or this court; in particular, and if possible in view of the automatic stay, the court seeks guidance concerning the impact, if any, of the 01/14/2010, order of the bankruptcy court upon the motion for clarification. Signed by Judge John T. Copenhaver, Jr. on 2/3/2010. (cc: attys; any unrepresented parties) (mkw) (Modified for clarity of text on 2/4/2010) (skh).
|
|
Filing
161
MEMORANDUM OPINION AND ORDER granting third-party defendants TSAR-WV, LLC and Richard Cheatham's 98 MOTION exceed the page limitation; granting third-party defendants TSAR-WV, LLC and Richard Cheatham's 99 MOTION to Dismiss the 52 Thi rd Party Complaint, directing that Counts Two, Three, Four, and Five are dismissed without prejudice; third-party plaintiff James R. Carpenter is given leave to file an amended third-party complaint by 1/22/2010, which encompasses the claims that have withstood dismissal and revised allegations addressing the fatal omissions in Counts Two, Three, Four, and Five. Signed by Judge John T. Copenhaver, Jr. on 12/31/2009. (cc: attys; any unrepresented parties) (taq)
|
|
Filing
87
MEMORANDUM OPINION AND ORDER denying as moot James R. Carpenter's 64 MOTION to [E]njoin Third Party Defendants from Fraudulently Transferring Assets of Acadian Resources, LLC, for an Immediate Accounting, to Appoint a Receiver to Take Over the Affairs of that Company, and for Other Relief; denying James R. Carpenter's 71 MOTION for Temporary Restraining Order. Signed by Judge John T. Copenhaver, Jr. on 6/3/2009. (cc: attys; any unrepresented parties) (ras)
|
|
Filing
59
MEMORANDUM OPINION AND ORDER denying 6 MOTION by Acadian Energy Resources, LLC to Dismiss; granting 24 MOTION by Acadian Energy Resources, LLC, J. Howard Bass & Associates, Inc. to Strike 5 Notice of Attorney Appearance; denying without prejudi ce 8 MOTION by Acadian Energy Resources, LLC to Strike "Exhibit A" to Affidavit of James Howard Bass; denying without prejudice 29 MOTION by Acadian Energy Resources, LLC, J. Howard Bass & Associates, Inc. to Strike all References to th e Criminal Record of James Howard Bass; granting in part and denying in part 56 MOTION by Acadian Energy Resources, LLC, J. Howard Bass & Associates, Inc. to Stay Case and to Schedule a Status Conference, granting insofar as this action is stayed f or a period of 14 days, with the exception that defendant Carpenter is given leave to seek a temporary restraining order or preliminary injunctive relief should he so choose prior to the expiration of the stay, and denied in all other respects; plain tiffs and third-party defendant to retain counsel, have their appearances noted forthwith and meet and confer by 6/1/09 respecting the time of any further discovery and other case events; by 6/10/09, counsel to submit a joint report reflecting the outcome of their discussions and proposals for the prompt and orderly disposition of this action. Signed by Judge John T. Copenhaver, Jr. on 5/12/2009. (cc: counsel of record) (skh)
|
|
Filing
15
MEMORANDUM OPINION AND ORDER granting 3 MOTION for TRO by Acadian Energy Resources, LLC and J. Howard Bass & Associates, Inc. for a period of ten days expiring 3/6/2009; directing defendants to vacate the premises and provide access as more fully d irected herein; deeming the TRO effective this date inasmuch as the $50,000 bond previously set is in the process of being electronically transferred; directing plaintiffs to continue insurance coverage in effect as of 2/15/2009; setting a heari ng 10:30 AM 3/4/2009 to consider the possibility of extending the TRO. Signed by Judge John T. Copenhaver, Jr. on 2/20/2009. (cc: attys; William Polan, 605 Ninth Street, Suite 710, Huntington, WV 25701; Robert Shane Polan, 605 Ninth Street, Suite 1300, Huntington, WV 25701 ) (ras) (TRO CONVERTED TO A PRELIMINARY INJUNCTION pursuant to the 17 Order entered 2/23/2009) (Modified on 2/25/2009 to note conversion of TRO to Preliminary Injunction) (skh).
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
