Sergent v. McKinstry et al

Appellant: Harold E. Sergent
Appellee: Taft A. McKinstry, Alvarez & Marsal North America, LLC, Ira Genser and Larry Tate
Debtor: Black Diamond Mining Company, LLC, et al.
Case Number: 7:2011cv00129
Filed: August 12, 2011
Court: Kentucky Eastern District Court
Office: Pikeville Office
County: Pike
Presiding Judge: Amul R. Thapar
Nature of Suit: Appeal
Cause of Action: 28:0158
Jury Demanded By: None

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Date Filed#Document Text
March 21, 2012 32 Opinion or Order of the Court MEMORANDUM OPINION & ORDER: 1) with respect to Sergent's appeal Pikeville No. 11-129 the Bankruptcy Court's Abstention & Remand Order is VACATED & REVERSED IN PART. Bankruptcy Court's order to abstain from & remand the pla's stat e law claims against Sergent is VACATED & REVERSED. Bankruptcy Court's order refusing to abstain from pla's state-law claims against the A & M parties has not been appealed to this Court & so Court does not address the merits of that decis ion. Sergent's appeal Pikeville No. 11-129 is STRICKEN from Court's active docket. 2) Pla's amended motion to withdraw reference of its state-law claims against Sergent and A & M parties, Pikeville No. 11-133 is DENIED WITHOUT PREJUD ICE. Bankruptcy Court shall CONDUCT all remaining pretrial matters, including any discovery on Sergent claims. If further dispositive motions arise Bankruptcy Court must SUBMIT proposed findings of fact & conclusions of law on any issues involving Sergent claims & must ENTER final orders on any issues involving A & M claims. Bankruptcy Court shall CERTIFY in a WRITTEN ORDER when (a) all fact & expert discovery has closed; (b) dispositive motion deadline has expired & Bankruptcy Court has rul ed on all dispositive motions; and (c) case is trial-ready. At this time any party may file a motion to withdraw reference in this Court. Upon withdrawal Court will schedule a date for trial & set a briefing timeline for nay motions in limine & oth er trial matters. This action for withdrawn Pikeville No. 11-133 is STRICKEN from Court's active docket; 3) Court previously stayed Bankruptcy Court's Abstention Order until the Court resolved Sergent's appeal. Stay Pikeville No. 11- 129 IS LIFTED; 4) Clerk shall SEND a copy of this Memo Opinion & Order to the Clerk of the U.S. Bankruptcy Court for EDKY; 5) pla's jury demand for Counts I, II, III, IV and V is SUSTAINED. Signed by Judge Amul R. Thapar on 3/21/2012. (RKT)cc: COR, Bankruptcy Court

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Appellant: Harold E. Sergent
Represented By: Paul McDonald
Represented By: Jay S. Geller
Represented By: Jeremy R. Fischer
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Appellee: Taft A. McKinstry
Represented By: Logan E. Johnson
Represented By: Andrew S. Hicks
Represented By: Ellen Arvin Kennedy
Represented By: Geoffrey D. Marsh
Represented By: Grahmn Morgan
Represented By: C. V. Reynolds
Represented By: Adam P. Schiffer
Represented By: Lee A. Smith
Represented By: Amy E. Tabor
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Appellee: Alvarez & Marsal North America, LLC
Represented By: Kevin B. Dreher
Represented By: John C. Goodchild, III
Represented By: Jay Edward Ingle
Represented By: Mary Elisabeth Naumann
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Appellee: Ira Genser
Represented By: Kevin B. Dreher
Represented By: John C. Goodchild, III
Represented By: Jay Edward Ingle
Represented By: Mary Elisabeth Naumann
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Appellee: Larry Tate
Represented By: Kevin B. Dreher
Represented By: John C. Goodchild, III
Represented By: Jay Edward Ingle
Represented By: Mary Elisabeth Naumann
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Debtor: Black Diamond Mining Company, LLC, et al.
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