McKinstry v. Sergent et al

Petitioner: Taft A. McKinstry
Respondent: Harold E. Sergent, Ira J. Genser, Larry Tate and Alvarez & Marsal North America, LLC
Debtor: Black Diamond Mining Company, LLC, et al.
 
Case Number: 7:2011cv00133
Filed: August 23, 2011
 
Court: Kentucky Eastern District Court
Office: Pikeville Office
County: Pike
Presiding Judge: Amul R. Thapar
 
Nature of Suit: Withdrawal
Cause of Action: 28:0157
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:
Date Filed#Document Text
March 21, 2012 25 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 state 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 decisio n. 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 PREJUDICE. 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 Sergen t 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 ruled on al l 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 & other trial m atters. This action for withdrawn Pikeville No. 11-133 is STRICKEN from Court's active docket; 3) Court previously stayed Bankruptcy Court's Abstention Order until the Court resolved Sergent's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
August 28, 2012 31 Opinion or Order of the Court MEMORANDUM OPINION & ORDER: A&M Parties' and Sergent's motions to certify the Court's 3/21/12 Order for interlocutory appeal 26 ; 27 are DENIED. Signed by Judge Amul R. Thapar on 8/28/2012. (RKT) cc: COR

Access additional case information on PACER

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 this case: McKinstry v. Sergent et al
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Petitioner: Taft A. McKinstry
Represented By: Amy E. Tabor
Represented By: Adam P. Schiffer
Represented By: Grahmn Morgan
Represented By: Ellen Arvin Kennedy
Represented By: Andrew S. Hicks
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Harold E. Sergent
Represented By: Jeremy R. Fischer
Represented By: Jay S. Geller
Represented By: Paul McDonald
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Ira J. Genser
Represented By: John C. Goodchild, III
Represented By: Jay Edward Ingle
Represented By: Mary Elisabeth Naumann
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Larry Tate
Represented By: John C. Goodchild, III
Represented By: Jay Edward Ingle
Represented By: Mary Elisabeth Naumann
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Alvarez & Marsal North America, LLC
Represented By: John C. Goodchild, III
Represented By: Jay Edward Ingle
Represented By: Mary Elisabeth Naumann
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]
Debtor: Black Diamond Mining Company, LLC, et al.
Search Blogs [ Justia BlawgSearch | Google Blogsearch ]
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Legal Web | Google | Bing | Yahoo | Ask ]