Drivetrain v. Kozel
| ABENGOA BIOENERGY BIOMASS OF KANSAS, LLC |
| MARK D. KOZEL, as Liquidating Trustee of the ABBK Liquidating Trust |
| DRIVETRAIN, LLC, as Liquidating Trustee for Abengoa Bioenergy US Holding, LLC, et al. |
| 18-3218 |
| October 15, 2018 |
| U.S. Court of Appeals, Tenth Circuit |
| Other |
Docket Report
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This docket was last retrieved on May 27, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| [10742847] Mandate issued. [18-3120, 18-3218] [Entered: 05/27/2020 07:55 AM] |
| [10737854] Judgment for opinion filed. [18-3120, 18-3218] [Entered: 05/05/2020 08:55 AM] |
| [10737851] Affirmed and Dismissed; Terminated on the merits after oral hearing; Written, signed, published. Judges Tymkovich (authoring judge), Baldock and Holmes. Mandate to issue. [18-3120, 18-3218] [Entered: 05/05/2020 08:51 AM] |
| [10680760] Case argued bu David Dunn for the appellant; and by Michael VanNiel for the appellee; and submitted to Judges Tymkovich, Baldock and Holmes. [18-3120, 18-3218] [Entered: 09/23/2019 04:11 PM] |
| [10666396] Order filed by Clerk of the Court granting Appellee's motion to reschedule oral argument in 18-3120 and 18-3218. This matter is rescheduled and will be argued Monday, September 23, 2019 at 3:30 p.m. Served on 07/29/2019. [18-3120, 18-3218] [Entered: 07/29/2019 11:34 AM] |
| [10666402] Calendar notice sent to counsel. Arguments to be held on 09/23/2019 at 3:30 pm in Courtroom I of the Byron White United States Courthouse, Denver, CO. Arguing counsel is required to go to http://www.ca10.uscourts.gov under the argument calendar tab to obtain an important notice regarding calendared cases and required forms. The updated calendar acknowledgment form must be completed and filed with the clerk via Electronic Case Filing within 10 days of today's date. [18-3120, 18-3218] [Entered: 07/29/2019 11:48 AM] |
| [10666434] Calendar Acknowledgment Form filed by Mark D. Kozel in 18-3120, 18-3218. Served on 07/29/2019. Manner of Service: email. [18-3120, 18-3218] MAV [Entered: 07/29/2019 12:33 PM] |
| [10666569] Calendar Acknowledgment Form filed by Drivetrain, LLC in 18-3120, 18-3218. Served on 07/29/2019. Manner of Service: email. [18-3120, 18-3218] DD [Entered: 07/29/2019 03:35 PM] |
| [10666209] Motion filed by Appellee Mark D. Kozel in 18-3120, 18-3218 to reschedule oral argument. Served on: 07/26/2019. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [18-3120, 18-3218] MAV [Entered: 07/26/2019 03:25 PM] |
| [10660503] Calendar Acknowledgment Form filed by Mark D. Kozel in 18-3120. Served on 07/03/2019. Manner of Service: email. [18-3120, 18-3218] MAV [Entered: 07/03/2019 11:59 AM] |
| [10660005] Calendar Acknowledgment Form filed by Drivetrain, LLC in 18-3120, 18-3218. Served on 07/02/2019. Manner of Service: email. [18-3120, 18-3218] DD [Entered: 07/02/2019 01:07 PM] |
| [10659575] Calendar notice sent to counsel. Arguments to be held on 09/26/2019 at 8:30 A.M. in Courtroom I, Byron White United States Courthouse, Denver, CO. Arguing counsel is required to go to http://www.ca10.uscourts.gov under the argument calendar tab to obtain an important notice regarding calendared cases and required forms. The calendar acknowledgment form must be completed and filed with the clerk via Electronic Case Filing within 10 days of today's date. [18-3120, 18-3218] [Entered: 07/01/2019 03:37 PM] |
| [10652780] Response filed by Mark D. Kozel to Appellant's Supplemental Authority - 28(j) Letter. Served on 06/02/2019. Manner of Service: US mail. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [18-3218] ALF [Entered: 06/02/2019 12:23 PM] |
| [10651214] Supplemental authority filed by Drivetrain, LLC. Served on 05/24/2019. Manner of Service: email, US mail. [18-3218] DD [Entered: 05/24/2019 10:49 AM] |
| [10624649] Appellant/Petitioner's reply brief filed by Drivetrain, LLC. 7 (Counseled) paper copies to be provided to the court. Served on 02/05/2019. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [18-3218] MVB [Entered: 02/05/2019 02:54 PM] |
| [10619453] Minute order filed - Appellant's optional reply brief now due 02/05/2019 for Drivetrain, LLC. (Text Only - No Attachment) [18-3218] [Entered: 01/17/2019 07:28 AM] |
| [10618951] Appellee/Respondent's brief filed by Mark D. Kozel. 7 (Counseled) paper copies to be provided to the court. Served on: 01/15/2019. Manner of service: email. Oral argument requested? No. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [18-3218] MAV [Entered: 01/15/2019 01:33 PM] |
| [10610634] Appellant/Petitioner's brief filed by Drivetrain, LLC. 7 (Counseled) paper copies to be provided to the court. Served on 12/07/2018 by email. Oral argument requested? Yes. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [18-3218] MVB [Entered: 12/07/2018 01:25 PM] |
| [10610087] Order filed by Clerk of the Court granting appellant's motion to file a corrected brief. Appellant's brief due 12/16/2018. Served on 12/06/2018. [18-3218] [Entered: 12/06/2018 09:07 AM] |
| [10609860] Motion filed by Appellee Mark D. Kozel, Drivetrain to extend time to file appellee/respondent's brief until 01/15/2019, to extend time to file a reply brief until 02/08/2019. Served on: 12/04/2018. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [18-3218] ALF [Entered: 12/04/2018 02:14 PM] |
| [10609910] Order filed by Clerk of the Court - This matter comes before the court on the parties Joint Motion for Order Setting Agreed Briefing Schedule. The court construes the motion as a motion for extension of time to file the response brief. As construed, the motion is granted. Appellee shall serve and file the response brief on or before 1/15/19. Appellant may filed a motion for extension of time to file the reply brief, if necessary, once the due date for the reply brief has been determined. Served on 12/04/2018.(13-day extension.) [18-3218] [Entered: 12/04/2018 03:20 PM] |
| [10609972] Motion filed by Appellant Drivetrain, LLC to file corrected/substitute brief. Served on: 12/04/2018. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [18-3218] MVB [Entered: 12/04/2018 06:52 PM] |
| [10609446] Minute order filed - Appellee's brief now due 01/02/2019 for Mark D. Kozel. (Text Only - No Attachment) [18-3218] [Entered: 12/03/2018 12:47 PM] |
| This entry has been removed from the docket by MLB - Corrected brief filed on 12/07/18 [10609210] Appellant/Petitioner's brief filed by Drivetrain, LLC. 7 (Counseled) paper copies to be provided to the court. Served on 11/30/2018 by email. Oral argument requested? Yes. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [18-3218] MVB [Entered: 11/30/2018 04:25 PM] |
| [10609207] Supplemental appendix filed by Drivetrain, LLC. Total number of volumes filed: 3. Served on 11/30/2018. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [18-3218] MVB [Entered: 11/30/2018 04:21 PM] |
| [10602915] Motion filed by Appellant Drivetrain, LLC in 18-3218, 18-3120 to consolidate appeals. Served on: 11/06/2018. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [18-3218, 18-3120] MVB [Entered: 11/06/2018 09:31 AM] |
| [10603159] Corporate disclosure statement filed by Mark D. Kozel. [18-3218] MAV [Entered: 11/06/2018 03:01 PM] |
| [10602912] Corporate disclosure statement filed by Drivetrain, LLC. [18-3218] MVB [Entered: 11/06/2018 09:27 AM] |
| [10603165] Order filed by Clerk of the Court granting in part counsel's joint motion to consolidate related appeals. The appeals are consolidated for the limited purposes of submission and, if oral argument is granted, the appeals will be argued together as one case. It is further ordered that the parties may cite to the joint appendix filed in 18-3120 in the briefing of 18-3218. The parties may file a joint supplemental appendix in 18-3218. As in 18-3120, the joint appendix shall be filed with the opening brief. The opening brief in 18-3218 remains due 12/10/18 (see order for details). Served on 11/06/2018. [18-3120, 18-3218] [Entered: 11/06/2018 03:11 PM] |
| [10601228] Filed notice record is complete. Served on 10/30/2018. Appellant's brief and appendix due on 12/10/2018 for Drivetrain, LLC. [18-3218] [Entered: 10/30/2018 12:10 PM] |
| [10600459] Entry of appearance filed by Mr. Mark V. Bossi for Drivetrain, LLC. CERT. OF INTERESTED PARTIES: y. Served on 10/26/2018. Manner of Service: email. [18-3218] [Entered: 10/26/2018 01:25 PM] |
| [10600457] Notice filed that the transcript is already on file in the district court filed by Drivetrain, LLC. Served on: 10/26/2018. Manner of Service: email. [18-3218] MVB [Entered: 10/26/2018 01:16 PM] |
| [10600449] Entry of appearance submitted by Mark V. Bossi for Appellant Drivetrain, LLC for court review. Certificate of Interested Parties: Yes. Served on 10/26/2018. Manner of Service: email. [18-3218]--[Edited 10/26/2018 by KLP to delete the attachment; entry filed.] MVB [Entered: 10/26/2018 01:05 PM] |
| [10600464] Minute order filed - Notice due that record is complete by 11/02/2018 for Timothy M. O'Brien (KSwi), Clerk of Court. (Text Only - No Attachment) [18-3218] [Entered: 10/26/2018 01:35 PM] |
| [10600455] Docketing statement filed by Drivetrain, LLC. Served on 10/26/2018. Manner of Service: email. [18-3218] --[Edited 10/26/2018 by SLS to note the docketing statement has been cited as deficient.] MVB [Entered: 10/26/2018 01:11 PM] |
| [10600467] Entry of appearance submitted by David Dunn for Appellant Drivetrain, LLC for court review. Certificate of Interested Parties: Yes. Served on 10/26/2018. Manner of Service: email. [18-3218] --[Edited 10/26/2018 by DD. Removed PDF as pleading filed 10/26/18] DD [Entered: 10/26/2018 01:41 PM] |
| [10600483] Entry of appearance filed by David Dunn for Drivetrain, LLC. CERT. OF INTERESTED PARTIES: y (See Entry of Appearance form for explanation). Served on 10/26/2018. Manner of Service: email [18-3218] [Entered: 10/26/2018 02:04 PM] |
| [10600475] Notice of deficient docketing statement received from Drivetrain, LLC. Type of deficiency: missing required attachment(s). Corrected docketing statement or errata sheet due 11/05/2018 for Drivetrain, LLC. [18-3218] [Entered: 10/26/2018 01:53 PM] |
| [10600516] Docketing statement filed by Drivetrain, LLC. Served on 10/26/2018. Manner of Service: email. [18-3218] MVB [Entered: 10/26/2018 02:34 PM] |
| [10600472] Entry of appearance filed by Mr. Ronald J. Silverman for Drivetrain, LLC. CERT. OF INTERESTED PARTIES: y (previously reported). Served on 10/26/2018. Manner of Service: email. [18-3218] [Entered: 10/26/2018 01:48 PM] |
| [10600471] Entry of appearance submitted by Ronald J. Silverman for Appellant Drivetrain, LLC for court review. Certificate of Interested Parties: Yes. Served on 10/26/2018. Manner of Service: email. [18-3218]--[Edited 10/26/2018 by KLP to delete the attachment; entry filed.] RJS [Entered: 10/26/2018 01:44 PM] |
| [10597744] Entry of appearance submitted by Michael A. VanNiel for Appellee Mark D. Kozel for court review. Certificate of Interested Parties: Yes. Served on 10/16/2018. Manner of Service: US mail. [18-3218] --[Edited 10/16/2018 by DD. Removed PDF as pleading filed 10/16/18] MAV [Entered: 10/16/2018 02:16 PM] |
| [10597743] Entry of appearance submitted by Adam L. Fletcher for Appellee Mark D. Kozel for court review. Certificate of Interested Parties: Yes. Served on 10/16/2018. Manner of Service: US mail. --[Edited 10/16/2018 by MLB to remove pdf from docket; entry filed on 10/16/18][18-3218] ALF [Entered: 10/16/2018 02:13 PM] |
| [10597746] Entry of appearance submitted by Kelly S. Burgan for Appellee Mark D. Kozel for court review. Certificate of Interested Parties: Yes. Served on 10/16/2018. Manner of Service: US mail. [18-3218]--[Edited 10/16/2018 by KLP to delete the attachment; entry filed.] KSB [Entered: 10/16/2018 02:18 PM] |
| [10597755] Entry of appearance filed by Kelly S. Burgan for Mark D. Kozel. CERT. OF INTERESTED PARTIES: y, more than 50 parties. Served on 10/16/2008. Manner of Service: US mail. [18-3218] [Entered: 10/16/2018 02:34 PM] |
| [10597747] Entry of appearance filed by Adam L. Fletcher for Mark D. Kozel. CERT. OF INTERESTED PARTIES: y, more than 50 parties. Served on 10/16/2018. Manner of Service: US mail [18-3218] [Entered: 10/16/2018 02:21 PM] |
| [10597758] Entry of appearance filed by Michael A. VanNiel for Mark D. Kozel. CERT. OF INTERESTED PARTIES: y. (More than 50) Served on 10/16/2018. Manner of Service: US mail [18-3218] [Entered: 10/16/2018 02:38 PM] |
| [10597307] Civil case docketed. Preliminary record filed. DATE RECEIVED: 10/15/2018 Docketing statement due 10/29/2018 for Drivetrain, LLC. Transcript order form due 10/29/2018 for Drivetrain, LLC. Notice of appearance due on 10/29/2018 for Abengoa Bioenergy Biomass of Kansas, LLC, Drivetrain, LLC and Mark D. Kozel [18-3218] [Entered: 10/15/2018 10:57 AM] |
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