HBKY, LLC v. Elk River Export, LLC, et al
Plaintiff: HBKY, LLC
Defendant: ELK RIVER EXPORT, LLC and ROBIN T. WILSON
Case Number: 24-5862
Filed: September 23, 2024
Court: U.S. Court of Appeals, Sixth Circuit
Nature of Suit: Real Property: Foreclosure
Docket Report

This docket was last retrieved on November 6, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 6, 2024 Filing 17 BRIEFING LETTER SENT by Mediation Office, resetting briefing schedule: appellant brief now due 12/02/2024. appellee brief now due 01/02/2025. (LMR) [Entered: 11/06/2024 12:33 PM]
October 22, 2024 Filing 16 Letter sent by Mediation Office REGARDING MEDIATION: The Mediation Conference scheduled for 10/23/2024 is hereby canceled. (LMR) [Entered: 10/22/2024 05:04 PM]
October 7, 2024 Filing 15 APPEARANCE filed for Appellee HBKY, LLC by David C. Olson. Certificate of Service: 10/07/2024. [24-5862] (DCO) [Entered: 10/07/2024 08:46 PM]
October 7, 2024 Filing 14 BRIEFING LETTER SENT setting briefing schedule: appellant brief due 11/18/2024;. appellee brief due 12/16/2024; (MRL) [Entered: 10/07/2024 09:50 AM]
October 7, 2024 Filing 13 TRANSCRIPT ORDER filed - transcript is unnecessary for appeal purposes. Filed by Ms. Rachele Taylor Yohe for Elk River Export, LLC and Mr. Robin T. Wilson. Certificate of Service: 10/07/2024. [24-5862] (RTY) [Entered: 10/07/2024 09:45 AM]
October 7, 2024 Filing 12 APPEARANCE filed for Appellants Elk River Export, LLC and Mr. Robin T. Wilson by Thomas D. Bullock. Certificate of Service: 10/07/2024. [24-5862] (TDB) [Entered: 10/07/2024 09:43 AM]
October 7, 2024 Filing 11 CIVIL APPEAL STATEMENT OF PARTIES AND ISSUES filed by Attorney Ms. Rachele Taylor Yohe for Appellants Elk River Export, LLC and Mr. Robin T. Wilson. Is this case a cross-appeal? No ; Has this case or a related one been before this court previously? No ; Parties Against Whom this Appeal is Being Taken: HBKY, LLC ; Issues: This appeal is being taken against Appellee, HBKY, LLC. This appeal concerns the following, underlying rulings of the United States District Court for the Eastern District: June 28, 2022 Memorandum Opinion and Order, July 26, 2023 Memorandum Opinion and Order, August 23, 2024 Order and August 23, 2024 Judgment. The specific issues to be raised are as follows: (1) The District Court erred as a matter of law when it found that the Timber Agreements did not pass title of the timber to Elk River, (2) The District Court erred as a matter of law when it found HBKY, LLC did not authorize Kingdom Energy to market and sell the timber free and clear of the security interest, and (3) The District Court erred as a matter of law when it found that Elk River was not a Buyer in the Ordinary Course. . Certificate of Service: 10/07/2024. [24-5862] (RTY) [Entered: 10/07/2024 09:42 AM]
October 7, 2024 Filing 10 CORPORATE DISCLOSURE STATEMENT. Name of Counsel: Rachele T. Yohe ; Elk River Export, LLC makes the following disclosure: 1. Is said party a subsidiary or affiliate of a publicly owned corporation? NO 2. Is there a publicly owned corporation, not a party to the appeal, with a financial interest in the outcome? NO Certificate of Service: 10/07/2024. [24-5862] (RTY) [Entered: 10/07/2024 09:37 AM]
October 7, 2024 Filing 9 APPEARANCE filed for Appellants Elk River Export, LLC and Mr. Robin T. Wilson by Rachele T. Yohe. Certificate of Service: 10/07/2024. [24-5862] (RTY) [Entered: 10/07/2024 09:34 AM]
October 7, 2024 Filing 8 NOTIFICATION of PACER docket error for appearance form , [ # 7 ], filed by Mr. David Conrad Olson for HBKY, LLC. Attorneys must use their personal PACER account to file any document and are not permitted to use their account to file on behalf of another attorney. Please refile using your own account within 24 hours. (ALF) [Entered: 10/07/2024 08:43 AM]
October 4, 2024 Filing 7 ** LOCKED** APPEARANCE filed for Appellee HBKY, LLC by David C. Olson. Certificate of Service: 10/04/2024. [24-5862]--[Edited 10/07/2024 by ALF] (GEM) [Entered: 10/04/2024 04:08 PM]
October 4, 2024 Filing 6 CORPORATE DISCLOSURE STATEMENT. Name of Counsel: Greg E. Mitchell ; HBKY, LLC makes the following disclosure: 1. Is said party a subsidiary or affiliate of a publicly owned corporation? NO N/A 2. Is there a publicly owned corporation, not a party to the appeal, with a financial interest in the outcome? NO Certificate of Service: 10/04/2024. [24-5862] (GEM) [Entered: 10/04/2024 03:17 PM]
October 4, 2024 Filing 5 APPEARANCE filed for Appellee HBKY, LLC by Greg E. Mitchell. Certificate of Service: 10/04/2024. [24-5862] (GEM) [Entered: 10/04/2024 12:53 PM]
September 26, 2024 Filing 4 LETTER SENT to Mr. Thomas D. Bullock for Elk River Export, LLC and Mr. Robin T. Wilson, Ms. Rachele Taylor Yohe for Elk River Export, LLC and Mr. Robin T. Wilson and Mr. David Conrad Olson for HBKY, LLC, regarding amended caption (MRL) [Entered: 09/26/2024 08:13 AM]
September 24, 2024 Filing 3 MEDIATION OFFICE is involved in this appeal. VIDEO CONFERENCE: A Mediation conference has been scheduled for 10/23/2024 at 9:30 AM (ET) with Kathryn Wollenburg. [Please open notice for important details and deadlines.] (LMR) [Entered: 09/24/2024 12:52 PM]
September 23, 2024 Filing 2 The case manager for this case is: Michelle R. Lambert (MRL) [Entered: 09/23/2024 10:07 AM]
September 23, 2024 Filing 1 Civil Case Docketed. Notice filed by Appellants Elk River Export, LLC. and Mr. Robert T. Wilson. Transcript needed: y. (MRL) [Entered: 09/23/2024 10:05 AM]

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Defendant: ELK RIVER EXPORT, LLC
Represented By: Rachele Taylor Yohe
Represented By: Thomas D. Bullock
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Defendant: ROBIN T. WILSON
Represented By: Rachele Taylor Yohe
Represented By: Thomas D. Bullock
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Plaintiff: HBKY, LLC
Represented By: David Conrad Olson
Represented By: Greg E. Mitchell
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