Hardy et al v. Bartmess
| James Hardy, Jr, Hardy Resources LLC, B&H Resources LLC, Mary Hardy, Hardy Energy Services Inc, Elite Coil Tubing Solutions LLC, Northstar Farms LLC and John Hardy |
| George Bartmess |
| George Bartmess |
| Elite Coil Tubing Solutions LLC, Northstar Farms LLC, John Hardy, James Hardy, Jr, Hardy Resources LLC, B&H Resources LLC, Mary Hardy and Hardy Energy Services Inc |
| 1:2009cv00041 |
| March 16, 2009 |
| US District Court for the Eastern District of Arkansas |
| Batesville Office |
| Out of State |
| D. P. Marshall |
| H. David Young |
| Other Fraud |
| 28 U.S.C. ยง 1332 |
| Both |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
348
ORDER: Status Report, 347 , noted and appreciated. The hearing set for 20 January 2016 is canceled. The show cause Order, 346 , is discharged. The Hardy Interests have complied with the Court's delivery Order. Signed by Judge D. P. Marshall Jr. on 12/2/2015. (jak)
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Filing
346
ORDER directing James Hardy Jr. and B&H Resources LLC to appear and show cause why they should not be held in contempt for disobeying the Court's October 19 Order. The hearing will be held at 9:00 a.m. on 20 January 2016 in Courtroom B-155 of th e Richard Sheppard Arnold United States Courthouse, 500 West Capitol Avenue, Little Rock, Arkansas 72201. Swazk may attend by telephone. If deeds are delivered before the hearing, Bartmess must immediately notify the Court. If the deeds are not delivered beforehand, Mr. Hardy's lawyer must bring them to the hearing. Signed by Judge D. P. Marshall Jr. on 11/23/2015. (jak)
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Filing
344
ORDER denying the motion to recuse after oral argument at the 23 July 2015 hearing. The Court directs the Hardys' new lawyer to deliver the approved warranty deeds to Bartmess's lawyer - with a caveat. Bartmess has pressed for the deeds wit h full knowledge of the existing liens on the 377 and the 686; she's accepting delivery with that knowledge; she is therefore estopped to assert any violation of the deeds' warranties by the Hardy interests as to the existing liens. Notic e of receipt from Bartmess due by 30 October 2015. the 340 show case order is discharged. Suggestion of bankruptcy, 343 noted. The case is stayed as to Elite Coil Tubing Solutions LLC, only. Status reports from the Hardy Interests on the involunt ary proceeding due by 22 January 2016. The Court endorses the parties' views that bringing some or all of the three related cases together before one judge now makes good sense. It remains to the parties, though, to seek any transfer. Signed by Judge D. P. Marshall Jr. on 10/19/2015. (jak)
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Filing
336
ORDER: The Court orders Bartmess's lawyer to provide the Court-approved deed on the 377, and the Court-approved deed on the 686 (revised to cover the minerals only), to John Hardy and the lawyer for Evergreen Processing LLC by 27 April 2015. The Court orders Evergreen Processing LLC and its managing member, John Hardy, to execute the Court-approved deed on the 377 and the Court-approved deed on the 686 (revised to cover the minerals only), and deliver both to Bartmess's lawyer by 15 Ma y 2015. Szwak's motion to be relieved as counsel for the Hardys and their entities, 324 is granted with a caveat. For good cause shown, Szwak is relieved as counsel for James Hardy Jr., Mary Hardy, and John Hardy effective immediately. The Cou rt orders Hardy Resources LLC, Hardy Energy Services, Inc., Elite Coil Tubing Solutions, LLC, Northstar Farms, LLC, and Evergreen Processing, LLC to secure substitute counsel immediately. Substitute counsel for each of the Hardy entities shall appear in this case by 15 May 2015. Szwak will be relieved from representing the Hardy entities when new counsel appears. Signed by Judge D. P. Marshall Jr. on 4/24/2015. (jak)
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Filing
334
ORDER: The Court has been informed that Ms. Hardy is unable to attend the 24 April 2015 hearing. Ms. Hardy, Mr. John Hardy, and Mr. Szwak must contact chambers to obtain the instructions for attending by telephone. Signed by Judge D. P. Marshall Jr. on 4/21/2015. (jak)
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Filing
325
ORDER: The Court will find a mutually convenient date and set a status conferring hearing by separate notice. Mr. Szwak may attend by telephone or in person, at his choice. He should file under seal a supporting addendum to his motion, 324 , by 10 A pril 2015. James Hardy, Jr., John Hardy, Mary Hardy (if she is able), and a corporate representative from each of the Hardy entities remaining in the case (Hardy Resources, LLC; Hardy Energy Services, Inc.; Elite Coil Tubing Solutions, LLC; Northstar Farms, LLC; and Evergreen Processing, LLC) must attend the hearing in person. Signed by Judge D. P. Marshall Jr. on 4/3/2015. (jak)
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Filing
321
ORDER granting 320 Motion. The Hardy Interests must file notice by 2 January 2015 of providing to Bartmess a copy of the assignment of sand to Celtic Bank. If they do not, the Court will consider issuing a show case Order. Signed by Judge D. P. Marshall Jr. on 12/23/2014. (jak)
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Filing
319
ORDER granting in part and denying in part 318 Motion. The deadline for closing is extended until 16 January 2015. Joint report on closing due by 31 January 2015. The Hardy Interests should go ahead and provide Bartmess a copy of the assignment o f sand to Celtic Bank, if this hasn't been done already. The request for consolidation with new case 4:14-cv-666 is denied. The extended deadlines should provide time to sort the other case out as part of the closing in this case. Signed by Judge D. P. Marshall Jr. on 11/17/2014. (jak)
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Filing
317
ORDER directing the parties to close their transactions as soon as possible and no later than 12 December 2014. The parties should file a joint report to the Court by 19 December 2014. The proposed warranty deed on the 377 and the 686 - Exhibit A to 313 - is approved. The proposed release deed from First National Bank of Izard County - Exhibit B to 313 - is approved. The proposed release deed from the Celtic Bank Corporation - Exhibit C to 313 is approved. The reciprocal waiver - Exhibit 3 to 316 - is approved. The Court denies Bartmess's request for some kind of document warranting that no other liens or encumbrances exist, 313 . Bartmess's reasonable request for a copy of the assignment of sand to Celtic Bank is granted. If the Hardy Interests have not already done so, they must provide a copy by 14 November 2014. Signed by Judge D. P. Marshall Jr. on 11/7/2014. (jak)
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Filing
311
ORDER directing Bartmess to advise the Hardy Interests of her decision on the repurchase option on the surface rights to the 686 by 7 October 2014. Thereafter, Bartmess shall prepare deeds conforming to this Order and her decision for the Hardy Inter ests' consideration. The deeds shall be presented to the Court for approval by 24 October 2014. Motion to enforce, 288 , granted in part and denied in part. Given both sides have prevailed in part, the Court declines to award any attorney's fees. The 310 Motion to Withdraw is denied without prejudice. Signed by Judge D. P. Marshall Jr. on 9/16/2014. (jak)
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Filing
305
ORDER granting unopposed 301 Motion for Leave to File 301 Motion to Strike and Motion to Seal Document 302 . The Clerk shall file Exhibit S-1 under seal when the Hardys submit it. The Court directs the parties not to file anything else now. Are counsel available on December 18th at 3:00 p.m. or December 19th at 8:30 a.m. for a status conference? Please advise chambers. Signed by Judge D. P. Marshall Jr. on 12/9/13. (kpr)
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Filing
274
ORDER granting in part and denying in part 271 Motion for Attorney Fees. Honea and Rush are allowed expert fees in the total of $575.00 and $5000 is allowed for attorneys' fees. The Hardys must file confirmation of payment by March 20, 2012. Signed by Judge D. P. Marshall Jr. on 3/5/12. (kpr)
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Filing
263
JUDGMENT re 262 Order dismissing the Hardy entities' active complaint and Bartmess's counterclaim with prejudice, pursuant to a settlement agreement reached by the parties. Signed by Judge D. P. Marshall Jr. on 1/18/12. (kpr)
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Filing
207
ORDER finding as moot 203 Motion for Partial Summary Judgment. The Amended Final Scheduling Order is modified as set forth in this Order. Signed by Judge D. P. Marshall Jr. on 10/25/11. (kpr)
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Filing
201
ORDER accepting in part and declining granting in part 178 Partial Report and Recommendations and granting in part and denying in part 94 Motion for Judgment on the Pleadings; denying 169 Motion for Leave to File and declining 190 Partial Report and Recommendations. Signed by Judge D. P. Marshall Jr. on 9/26/11. (kpr)
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Filing
126
ORDER granting deft's motion to file exhibits under seal 97 ; denying pltfs' first motion to strike 101 ; pltfs' motion for "leave to seal and file under seal exhibits to motion to strike and objections to proposed exhibits offe red by deft in connection with motion for judgment on the pleadings" is granted 102 ; denying pltfs' second motion to strike 107 ; deft's motion to substitute and file substituted Exhibit 1-A under seal is granted 116 . Signed by Magistrate Judge H. David Young on 2/28/11. (vjt)
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Filing
113
ORDER granting 105 Motion to Substitute Helen Bartmess, Executrix of the Estate of George Bartmess, as a party to this proceeding in place of George Bartmess, deceased. Signed by Magistrate Judge H. David Young on 2/17/11. (vjt)
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Filing
90
ORDER granting in part and denying in part Bartmess' 78 Motion to Compel and pltfs' 82 Motion to Compel. Signed by Magistrate Judge H. David Young on 11/3/10. (vjt)
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