In Re: Way To Grow, Inc. et al
| Pure Agro, Inc., Way To Grow, Inc. and Green Door Agro, Inc. |
| U.S. Trustee and United States Bankruptcy Court for the District of Colorado |
| Corey Inniss |
| Pure Agrobusiness |
| 1:2018cv03245 |
| December 18, 2018 |
| US District Court for the District of Colorado |
| Robert E Blackburn |
| William J Martinez |
| Scott T Varholak |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 0158 |
| None |
Docket Report
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Filing 25
ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2018 and as they may be amended from time to time), which may be downloaded #here. SO ORDERED by Judge William J. Martinez on 1/ 23/2019. Text Only Entry (wjmsec, )
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Filing 24
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. Magistrate Judge Varholak, or such other Magistrate Judge who may in the future be reassigned this case, is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 1/23/2019. Text Only Entry (wjmsec, )
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| Filing 23 BANKRUPTCY RECORD ON APPEAL. Number of Volumes: 5. Sealed/Restricted Volume Numbers:IV. Appellant Brief due by 2/21/2019. Appellee Brief due by 3/23/2019. Appellant Reply Brief due by 4/6/2019. (Attachments: #1 Volume I, #2 Volumme II, #3 Volume III, #4 Volume IV - part 1 - Restricted, #5 Volume IV - part 2 - Restricted, #6 Volume IV - part 3 - Restricted, #7 Volume V - Unlocked Transcripts)(angar, ) |
| Filing 22 Appellee Corey Inniss's DESIGNATION of Additional Items to be Included in the Record of Appeal, by Appellee Corey Inniss re #1 Bankruptcy Appeal,. (angar, ) |
| Filing 21 DESIGNATION of Record and Statement of Issues by Appellants Green Door Agro, Inc., Pure Agro, Inc., Way To Grow, Inc. re #1 Bankruptcy Appeal,. (Attachments: #1 Statement of Issues)(angar, ) |
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Filing 20
ORDER: 1. Appellants' Motion for Stay Pending Appeal Pursuant to Fed. R. Bankr. P. 8007 #9 is DENIED; 2. Notwithstanding this ruling-- a. the Court's sua sponte temporary stay ( 12 , 15 , 16 ) remains in full force and effect through 11:59 PM on Wednesday, January 23, 2019, at which point it will automatically dissolve; but b. it shall not be a violation of the temporary stay for Appellee to re-commence proceedings in state court, or for the state court to issue orders it could have issued but for the bankruptcy proceedings; and 3. This matter shall be drawn to a magistrate judge for purposes of entering an appropriate briefing schedule. SO ORDERED by Judge William J. Martinez on 01/18/2019. (wjmlc1)
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| Filing 19 NOTICE of Entry of Appearance by Andrea Ahn Wechter on behalf of Corey InnissAttorney Andrea Ahn Wechter added to party Corey Inniss(pty:e) (Wechter, Andrea) |
| Filing 18 REPLY to Response to #9 MOTION to Stay Order Pending Appeal Pursuant to Fed. R. Bankr. P. 8007 filed by Appellants Green Door Agro, Inc., Pure Agro, Inc., Way To Grow, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Kutner, Lee) |
| Filing 17 NOTICE of Appellee Corey Inniss's Designation of Additional Items to be Included in the Record on Appeal by Appellee Corey Inniss (Tamkin, Gregory) |
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Filing 16
AMENDED ORDER [amended to correct the Court's error]: Before the Court is Appellee's Emergency Motion to Reconsider Sua Sponte Temporary Stay of Judgment Pending Motion to Stay Dismissal #14 . The motion is GRANTED IN PART to the following extent. The Court VACATES the sentence of its sua sponte order stating, "This temporary stay does not permit further proceedings before the bankruptcy court." Proceedings in the bankruptcy court may go forward as follows: Appellants remain subject to all reporting and disclosure requirements imposed by statute, regulation, the Rules of Bankruptcy Procedure, orders entered by the bankruptcy court in the underlying proceeding, or other relevant authority (including reporting and disclosure of activities that may have taken place since the Court sua sponte stayed the bankruptcy court's judgment); and the bankruptcy court may entertain proceedings necessary to prevent or remedy dissipation of the bankruptcy estate. SO ORDERED by Judge William J. Martinez on 01/10/2019. Text Only Entry (wjmlc1)
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Filing 15
ORDER: Before the Court is Appellee's Emergency Motion to Reconsider Sua Sponte Temporary Stay of Judgment Pending Motion to Stay Dismissal #14 . The motion is GRANTED IN PART to the following extent. The Court VACATES the sentence of its sua sponte order stating, "This temporary stay does not permit further proceedings before the bankruptcy court." Proceedings in the bankruptcy court may go forward as follows: Appellees remain subject to all reporting and disclosure requirements imposed by statute, regulation, the Rules of Bankruptcy Procedure, orders entered by the bankruptcy court in the underlying proceeding, or other relevant authority (including reporting and disclosure of activities that may have taken place since the Court sua sponte stayed the bankruptcy court's judgment); and the bankruptcy court may entertain proceedings necessary to prevent or remedy dissipation of the bankruptcy estate. SO ORDERED by Judge William J. Martinez on 01/10/2019. Text Only Entry (wjmlc1)
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| Filing 14 Emergency MOTION for Reconsideration of Sua Sponte Temporary Stay of Judgment Pending Motion to Stay Dismissal by Appellee Corey Inniss. (Attachments: #1 Exhibit 1 - Pure Cash Collateral Report, #2 Exhibit 2 - 2018-06-22 90 Order Approving Mot for Auth to Use Cash Collateral, #3 Exhibit 3 - Kutner email)(Tamkin, Gregory) |
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Filing 13
ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2018 and as they may be amended from time to time), which may be downloaded #here. SO ORDERED by Judge William J. Martinez on 1/ 9/2019. Text Only Entry (wjmsec, )
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Filing 12
ORDER: Before the Court is Appellants' Motion for Stay Pending Appeal Pursuant to Fed. R. Bankr. P. 8007 ("Stay Motion") #9 . In light of this motion, the Court sua sponte grants a TEMPORARY STAY of the bankruptcy court's judgment pending resolution of the Stay Motion. This temporary stay does not permit further proceedings before the bankruptcy court. Appellants shall file their reply in support of their Stay Motion on or before Monday, January 14, 2019. SO ORDERED by Judge William J. Martinez on 01/09/2019. Text Only Entry (wjmlc1)
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Filing 11
ORDER DIRECTING REASSIGNMENT re the Motion for Stay Pending Appeal Pursuant To Fed. R. Bankr. P. 8007 [#9 ] filed December 28, 2018. IT IS ORDERED that the clerk of the court shall assign this case to a judge for resolution on the merits under the random assignment procedure of D.C.COLO.LCiv.R 40.1. By Judge Robert E. Blackburn on 01/08/2019. This case is randomly reassigned to Judge William J. Martinez. All future pleadings should be designated as 18-cv-03245-WJM. (athom, )
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| Filing 10 RESPONSE to #9 MOTION to Stay Order Pending Appeal Pursuant to Fed. R. Bankr. P. 8007 filed by Appellee Corey Inniss. (Attachments: #1 Exhibit 1 2018-12-18 Order from BK court, #2 Exhibit 2 Promissory Note, #3 Exhibit 3 2018-05-21 Mot for Auth to Use Cash Collateral, #4 Exhibit 4 2018-12-18 Order Denying Motion to Stay, #5 Exhibit 5 Screenshots of Pures press banner (Trial Exh. 11), #6 Exhibit 6 BusinessDen article (Trial Exh. 18), #7 Exhibit 7 Pures Press Release (Trial Exh. 19), #8 Exhibit 8 Pures 10-20 Year Plan (Trial Exh. 24), #9 Exhibit 9-1 Pures investor deck (Trial Exh. 25), #10 Exhibit 9-2 Pures investor deck (Trial Exh. 25), #11 Exhibit 10 January 2018 Investor Deck (Trial Exh. 59), #12 Exhibit 11 Pyle E-mail (Trial Exh. 52), #13 Exhibit 12 2018-10-16 Hearing Transcript, #14 Exhibit 13 Sousy_Motion to Dismiss, #15 Exhibit 14 Pure Cash Collateral Report 11_29_2018, #16 Exhibit 15 2018-06-08 Statement of Financial Affairs-Way to Grow, #17 Exhibit 16 2018-06-08 33 Statement of Financial Affairs-Green Door Agro)(Tamkin, Gregory) |
| Filing 9 MOTION to Stay Order Pending Appeal Pursuant to Fed. R. Bankr. P. 8007 by Appellants Green Door Agro, Inc., Pure Agro, Inc., Way To Grow, Inc.. (Attachments: #1 Exhibit 1 - Order Granting Motion to Abstain or Dismiss Filed by Corey Inniss, #2 Exhibit 2 - Federal Register)(Kutner, Lee) |
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Filing 8
ORDER Denying #4 Motion to Stay. By Chief Judge Michael E. Romero, United States Bankruptcy Court, on 12/18/2018. (athom, )
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Filing 7
ORDER Establishing Bankruptcy Appeal Briefing Requirements re: #1 Bankruptcy Appeal, filed by Pure Agro, Inc., Green Door Agro, Inc., Way To Grow, Inc. By Judge Robert E. Blackburn on 12/18/2018. (athom, )
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| Filing 6 CASE OPENING. The above captioned case was opened on 12/18/2018 and assigned the case number referenced above. After docketing of the record on appeal from the U.S. Bankruptcy Court, briefing will proceed in accordance with Bankruptcy Rules 8014, 8015, and 8018, and any orders of the court. When referencing trial exhibits you must attach copies to your brief. If the court finds it necessary to have the originals presented it will issue an order. All filings with the United States District Court, unless otherwise permitted by our Electronic Case Filing Procedures, must be done electronically. Text Only Entry. (dbera, ) |
| Filing 5 Notice of Transmittal LETTER re: #1 Bankruptcy Appeal Pursuant to Rule 8003(d) (dbera, ) |
| Filing 4 Emergency MOTION for Stay Pending Appeal Pursuant to Fed.R.Bankr.P.Rule 8007 by Appellants Green Door Agro, Inc., Pure Agro, Inc., Way To Grow, Inc.. (dbera, ) |
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Filing 3
ORDER Dismissing Debtors' Cases By Michael E. Romero, Chief Judge, United States Bankruptcy Court on 12/14/2018. (dbera, )
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| Filing 2 Case assigned to Judge Robert E. Blackburn. Text Only Entry (dbera, ) |
| Filing 1 Notice of APPEAL FROM BANKRUPTCY COURT and Statement of Election by Appellants Green Door Agro, Inc., Pure Agro, Inc., Way To Grow, Inc. in re: Order on Motion to Dismiss or Abstain filed by Secured Creditor Corey Inniss of 12/14/2018. (Attachments: #1 Docket Sheet)(dbera, ) |
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