Owners Insurance Company v. Cockett et al
| Owners Insurance Company |
| Cockett Industries, Corp.,, Dylan Cockett doing business as Cockett Industries, Inc., Cockett Industries, Inc.,, Elemental Processing, LLC,, Transamerican Equipment Company, LLC,, Evexia Plus, LLC. and Amerra Capital Management, LLC |
| 5:2023cv00122 |
| April 21, 2023 |
| US District Court for the Eastern District of Kentucky |
| Edward B Atkins |
| Karen K Caldwell |
| Gregory F VanTatenhove |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1441 Petition for Removal- Property Damage |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 29, 2023. A more recent docket listing may be available from PACER.
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Filing 33
ORDER: 1. #4 MOTION to Consolidate Cases is GRANTED. 2. Action is TRANSFERRED and CONSOLIDATED for all further purposes with action Evexia Plus, LLC v. Cockett, No. 5:22-cv-54-KKC-MAS. 3. Consolidated actions SHALL proceed under Evexia Plus, LLC v. Cockett, No. 5:22-cv-54-KKC-MAS (LEAD CASE). All further docketing shall occur in the lead case. Signed by Judge Gregory F. VanTatenhove on 9/29/2023.(GLD)cc: COR
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Clerk's Note: re #33 Order. ALL FURTHER DOCKETING shall be done in Lead Case 5:22-cv-54-KKC.(GLD)
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Filing 32
REPLY to #4 in Support of Motion to Conslidate filed by Elemental Processing, LLC,. (McCahey, Quiyarra)
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***FILE SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: #32 REPLY (JLM)
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***FILE SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: #31 REPLY, #30 Response to Motion (JLM)
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Filing 31
REPLY to #4 , #30 Reply In Support filed by Evexia Plus, LLC.. (Bayer, Bennett)
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Filing 30
RESPONSE to Motion re #4 MOTION to Consolidate Cases by Elemental Processing, LLC, filed by Owners Insurance Company. (Guarnieri, David)
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Filing 29
MEMORANDUM OPINION & ORDER: denying #6 Owners Insurance's Motion to Remand. Signed by Judge Gregory F. VanTatenhove on 9/19/23. (JLM)cc: COR
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Filing 28
ORDER: 1. Plaintiff Owners Insurance may respond to the Motion to Consolidate [R. #4 ] within five (5) days of the entry of this Order; and 2. The Defendants may reply within fourteen (14) days of any response. Signed by Judge Gregory F. VanTatenhove on 9/18/23.(JLM)cc: COR
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Filing 27
ORDER: denying #10 Elemental's Motion to Disqualify McBrayer PLLC. Signed by Magistrate Judge Edward B. Atkins on 9/7/23. (JLM)cc: COR
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Filing 26
CONVENTIONAL FILING received on behalf of Quiyarra M. McCahey. USB Flash Drive are filed per re #25 Notice of Conventional Filing. (MAINTAINED ON THE SHELF IN THE CLERK'S OFFICE) (KCF)
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Filing 25
NOTICE OF FILING by Elemental Processing, LLC, re #20 Notice of Filing,,,,,, conventionally (McCahey, Quiyarra)
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***FILE SUBMITTED TO CHAMBERS of Magistrate Judge Edward B. Atkins for review: #23 Notice of Filing, #24 Notice of Filing (JLM)
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Filing 24
NOTICE OF FILING by Elemental Processing, LLC, re #10 MOTION to Disqualify Counsel by Elemental Processing, LLC, Supplemental Brief in Support of Motion to Disqualify (McCahey, Quiyarra)
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Filing 23
NOTICE OF FILING Plaintiff's Supplemental Brief by Owners Insurance Company (Guarnieri, David) Modified on 8/8/2023 (JLM).
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Filing 22
CD REQUEST for a duplicate recording of the official proceeding taken by electronic sound (digital audio) recording (request for audio file via e-mail) by Elemental Processing, LLC, for proceedings held on 7.31.23 before Judge Edward B. Atkins. (McCahey, Quiyarra)
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Clerk's Note re #22 CD Request: CD prepared and available for pick up. (DC)
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***FILE SUBMITTED TO CHAMBERS of Magistrate Judge Edward B. Atkins for review: #21 Notice of Filing, #20 Notice of Filing (JLM)
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Filing 21
NOTICE OF FILING by Owners Insurance Company Plaintiff's Supplemental Filing (Attachments: #1 Exhibit Brief of Appellant, #2 Exhibit Initial Disclosure of Evexia, #3 Exhibit Amended Bid Procedures, #4 Exhibit Asset Purchase Agreement, #5 Exhibit Motion for Entry of Order, #6 Exhibit 3-12-21 EMail, #7 Exhibit Fire Investigative Report)(Guarnieri, David)
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Filing 20
NOTICE OF FILING by Elemental Processing, LLC, Supplemental Evidence in Support of Motion to Disqualify (Attachments: #1 Exhibit EX A - 05-18-20 Application for Aprvl and Pymt of Rcvrs Fees and Expenses, #2 Exhibit EX B - 2ND APPLICATION, #3 Exhibit EX C - 07-06-20 Third Application for Aprvl and Pymt of Rcvr Fees and Expenses, #4 Exhibit EX D - 08-03-20 Fourth Application for Aprvl and Pymt of Rcvr's Fees and Expenses, #5 Exhibit EX E - 09-14-20 Fifth Application for Aprvl and Pymt of Rcvrs Fees and Expenses, #6 Exhibit EX F - 10-09-20 Sixth Application for Appoval and Pymt of Rcvrs Fees and Expenses, #7 Exhibit EX G - Receiver's Seventh Application for Fees 4885-1078-1300 v.1, #8 Exhibit EX H - 12-08-20 Eighth Application for Aprvl and Pymt of Rcvr Fees and Expenses, #9 Exhibit EX I - 02-22-21 Motion of Rcvr. to Require Pymt of Certain Expenses to Wind Down Receivership, #10 Exhibit EX J - EMAIL, #11 Exhibit EX K - 03-15-21 Frazier Motion to Terminate Receivership, #12 Exhibit EX L - 03-18-21 Capstone Response to Rcvr Request for Discharge, #13 Exhibit EX M - 03-18-21 Capstone Resp. to Rcvr Report and Recommendations re True-up of Costs, #14 Exhibit EX N - 02-13-23 Notice of Satisfaction of Judgment, #15 Exhibit Ex O - Video Recording of Hearing 3.13.20, #16 Exhibit Ex P - Video recording of hearing 3.19.21, #17 Exhibit Ex Q - Video Recording of Hearing 4.23.21, #18 Exhibit Ex R - Video Recording of hearing 5.28.21)(Pernice, Anthony)
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Filing 19
AMENDED DOCUMENT by Evexia Plus, LLC.. Amendment to #18 Motion Hearing,,, Supplemental Filing. (Attachments: #1 Supplement Email of July 8, 2020, #2 Supplement Email of July 9, 2020, #3 Supplement Email of October 29, 2020, #4 Supplement Email of November 3, 2020, #5 Supplement Email of March 10, 2021, #6 Supplement 9th Status Report)(Bayer, Bennett)
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Filing 18
MINUTE ENTRY ORDER FOR MOTION HEARING held on 7/31/2023 before Magistrate Judge Edward B. Atkins: The Court conducted a hearing on the dft Elemental Processing, LLC's Motion to Disqualify McBrayer PLLC and its attorneys from representing Plaintiff Owners Insurance Company [R. 10]. The Court heard oral arguments of counsel, but no testimony or evidence was admitted. ORDERS as follows: 1) Supplemental filing SHALL be entered in the record NLT 08/02/2023. Any supplemental briefing SHALL be filed by 08/07/2023. 2) Motion to Disqualify counsel TAKEN UNDER ADVISEMENT. 3) The Court will enter an Opinion and Order on the dft's motion thereafter. (Tape #KYED-LEX__5-23-CV-00122-GFVT-EBA_20230731_135138.) Signed by Magistrate Judge Edward B. Atkins. (DC) cc: COR
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Filing 17
ORDER: This matter shall come before the undersigned for an evidentiary hearing re #10 MOTION to Disqualify Counsel by Elemental Processing, LLC. HEARING set for 7/31/2023 at 2:00 PM in LEXINGTON before Magistrate Judge Edward B. Atkins. Signed by Magistrate Judge Edward B. Atkins on 7/21/23.(JLM)cc: COR,D
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Filing 15
ORDER: The Court finds that it is appropriate to resolve the motion to disqualify before the pending motions to remand and to consolidate. To expedite this pretrial matter, and the Court being otherwise sufficiently advised, it is hereby ORDERED that pursuant to 28 U.S.C. 636(b)(1)(A) the Motion to Disqualify [R. #10 ] is REFERRED to an appropriate Magistrate Judge (Atkins). Signed by Judge Gregory F. VanTatenhove on 7/11/23.(JLM)cc: COR
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***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #10 MOTION to Disqualify Counsel by Elemental Processing, LLC, (JLM)
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Filing 14
REPLY to Response to Motion re #10 MOTION to Disqualify Counsel by Elemental Processing, LLC, filed by Elemental Processing, LLC,. (Attachments: #1 Exhibit A - ORDER CLARIFYING POWERS, #2 Errata B - DEPO PAGES F LEON)(Pernice, Anthony)
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***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #4 MOTION to Consolidate Cases by Elemental Processing, LLC, (JLM)
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Filing 13
RESPONSE to #10 Motion to Disqualify filed by Owners Insurance Company. (Attachments: #1 Exhibit 2023.04.13 Email)(Guarnieri, David)
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***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #6 MOTION to Remand by Owners Insurance Company (JLM)
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Filing 12
REPLY to #6 Motion to Remand filed by Owners Insurance Company. (Guarnieri, David)
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Filing 11
RESPONSE in Opposition re #6 MOTION to Remand by Owners Insurance Company filed by Evexia Plus, LLC.. (Attachments: #1 Attachment Declaration of Stephan Hornung)(Bayer, Bennett)
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Filing 10
MOTION to Disqualify Counsel by Elemental Processing, LLC, (Attachments: #1 Exhibit A - Docket Sheet 20-CI-907, #2 Exhibit B - Order Clarifying Powers and Responsibilities of Receiver, #3 Proposed Order Motion to Disqualify)(Pernice, Anthony)
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Filing 9
RESPONSE in Opposition re #6 MOTION to Remand by Owners Insurance Company filed by Elemental Processing, LLC,. (Attachments: #1 Exhibit 1 - Amerra - Delaware Dept of State, Division of Corporation Entity Detail, #2 Exhibit 2 - Amerracapital.com homepage, #3 Exhibit 3- United Nations Environment Programme Finance webpage, #4 Exhibit 4 - Delaware EntyQuery for Amerra, #5 Proposed Order Proposed Order Denying Plaintiff's Motion to Remand)(Pernice, Anthony)
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Filing 8
RESPONSE in Support re #4 MOTION to Consolidate Cases by Elemental Processing, LLC, filed by Evexia Plus, LLC.. (Bayer, Bennett)
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NOTICE OF DEFICIENCY TO David J. Guarnieri re #7 Response to Motion; Signature on document and filer do not match; Entry by attorney; the name of the Filing User under whose login and password the document is filed must be typed in the space where the signature would otherwise appear. No further action required by counsel. cc: COR (JLM)
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Filing 7
RESPONSE to Motion re #4 MOTION to Consolidate Cases by Elemental Processing, LLC, filed by Owners Insurance Company. (Wingfield, Luke)
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Filing 6
MOTION to Remand by Owners Insurance Company (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Guarnieri, David)
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Filing 5
FRCP 7.1 DISCLOSURE STATEMENT by Owners Insurance Company. (Guarnieri, David)
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Attorney Update. Attorney Quiyarra M McCahey for Elemental Processing, LLC added. (JLM)
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Filing 4
MOTION to Consolidate Cases by Elemental Processing, LLC, (Attachments: #1 Proposed Order Proposed Order granting Motion to Consolidate)(Pernice, Anthony)
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Filing 3
FRCP 7.1 DISCLOSURE STATEMENT by Evexia Plus, LLC.. (Bayer, Bennett)
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Conflict Check run. (KCF)
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Filing 1
NOTICE OF REMOVAL from Fayette Circuit Court, case number 23-CI-00057. ( Filing fee $402; receipt number AKYEDC-5537770), filed by Evexia Plus, LLC.. (Attachments: #1 Attachment Complaint, #2 Attachment Civil Summons Amerra Capital, #3 Attachment Civil Summons Cockett Industries, #4 Attachment Civil Summons Cockett, #5 Attachment Civil Summons Incorp, #6 Attachment Civil Summons Lake, #7 Attachment Civil Summons Transamerican, #8 Attachment Courtesy Financial Report, #9 Attachment Notice of Discovery, #10 Attachment Receipt, #11 Attachment Answer of Elemental, #12 Attachment Entry of Appearance, #13 Attachment Return of Service, #14 Attachment Answer of Cockett, #15 Attachment Answer of Evexia, #16 Attachment 2nd Summons of Transamerican, #17 Attachment Financial Report, #18 Attachment Amerra Dismissal, #19 Attachment Cockett Amended Answer, #20 Attachment Answer to Crossclaim)(KCF)
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