HBKY, LLC v. Kingdom Energy Resources, LLC et al
| Charles A. Holder, Montana Bakken, LLC, JRL Coal, Inc., Kingdom Logistics, LLC, Scotsman Enterprises, LLC, Moe Coal Company, LLC, DDB Energy Resources, LLC, Little Creek Coal Co., Inc., United Communications, LLC, Green Equity Partners, LLC, Janice Gipson, Cuz Coal Company, LLC, Paul Gipson, Timothy Wayne Crawford doing business as J&T Lumber Company, USA, Department of the Treasury, Internal Revenue Service, Todd Delph doing business as Southeast Construction and Welding, Fairanna Bennett Rainey, KC II Holdings, LLC, Commonwealth of Kentucky, Department of Revenue and KEP-RMA, LLC |
| Robin T. Wilson, BPM Lumber, LLC, Whitley Davis, Commonwealth of Kentucky, County of Harlan, Elk River Export, LLC, Harlan County Outdoor Recreational Board Authority, Commonwealth of Kentucky, County of Bell, Sarah Kahn, Columbia Plywood Corporation, Harlan County Fiscal Court and Todd Delph |
| Kingdom Energy Resources, LLC, Commonwealth of Kentucky, County of Knox and Timothy Wayne Crawford |
| RTLF-KY, LLC |
| HBKY, LLC |
| 6:2021cv00101 |
| June 23, 2021 |
| U.S. District Court for the Eastern District of Kentucky |
| Claria Horn Boom |
| Hanly A Ingram |
| Gregory F VanTatenhove |
| Real Property: Foreclosure |
| Defendant |
Docket Report
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Filing 97
ORDER: Accordingly, and the Court being sufficiently advised, it is hereby ORDERED that Parties' Agreed Order for Extension of Time [R. #96 ] is GRANTED. JRL Coal, Inc., Cuz Coal Company, LLC, and Moe Coal Company, LLC may respond to Plaintiff's complaint on or before 12/31/2021. Signed by Judge Gregory F. Van Tatenhove on 10/26/2021.(APR)cc: COR
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Filing 96
Proposed Agreed Order Extending Until December 31, 2021, Time for Defendants JRL Coal, Inc., Cuz Coal Company, LLC, and Moe Coal Company, LLC to Answer or Otherwise Respond to Complaint by HBKY, LLC. (Powell, M.)
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***FILE SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #96 Proposed Agreed Order Extending Until December 31, 2021, Time for Defendants JRL Coal, Inc., Cuz Coal Company, LLC, and Moe Coal Company, LLC to Answer or Otherwise Respond to Complaint by HBKY, LLC (APR)
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Filing 95
REPLY to #92 filed by HBKY, LLC. (Powell, M.) Modified to add docket entry relationship to DE #91 on 10/14/2021 (APR).
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***MOTION SUBMITTED TO CHAMBERS of Gregory F. Van Tatenhove for review: re #91 MOTION for Default Judgment by HBKY, LLC against Defendants Kingdom Energy Resources, LLC, DDB Energy Resources, LLC, Montana Bakken, LLC, Little Creek Coal Co., Inc., Green Equity Partners, LLC, KEP-RMA, LLC, United Communications, LLC, Charles H (APR) Modified text on 10/14/2021 (APR).
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NOTICE OF DOCKET MODIFICATION TO M. Tyler Powell re #95 REPLY. Error: a link was created to the Response instead of the Motion; Entry by attorney; Clerk modified the entry to create a link to the Motion, thereby placing the reply on the Judges motion report. In the future, create a link to the subject motion. The appropriate event is Reply to Response to Motion. No further action required by counsel. cc: COR (APR)
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Filing 94
ORDER re #93 Proposed Agreed Order Dismissing United States of America, Department of the Treasury, Internal Revenue Service: 1. The United States was named as a party herein due to federal tax liens recorded at Encumbrance Book 33, Page 741 and Encumbrance Book 34, Page 541 in the Office of the Knox County Clerk. The United States has stated that those liens have been released and/or have lapsed and make no claim against the Collateral, as that term is defined in the Complaint. Accordingly, the United States is no longer a necessary party and hereby disclaims any interest it may have to the Collateral pursuant to the tax liens identified above. 2. Having disclaimed any interest in the Collateral pursuant to the tax liens, the United States, Department of Treasury, Internal Revenue Service is hereby DISMISSED WITHOUT PREJUDICE upon entry of this order. The United States shall be removed from the caption in this case and no further pleadings shall be served upon or delivered to them. Signed by Judge Gregory F. VanTatenhove on 10/12/2021.(MM)cc: COR
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Attorney Update. Attorney Thomas Lee Gentry for USA, Department of the Treasury, Internal Revenue Service, Thomas Lee Gentry for USA, Department of the Treasury, Internal Revenue Service, Thomas Lee Gentry for USA, Department of the Treasury, Internal Revenue Service, Thomas Lee Gentry for USA, Department of the Treasury, Internal Revenue Service, Thomas Lee Gentry for USA, Department of the Treasury, Internal Revenue Service, Thomas Lee Gentry for USA, Department of the Treasury, Internal Revenue Service, Thomas Lee Gentry for USA, Department of the Treasury, Internal Revenue Service, added. (APR)
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***SUBMITTED TO CHAMBERS of Gregory F. Van Tatenhove for review: re #93 Proposed Agreed Order Dismissing United States of America, Department of the Treasury, Internal Revenue Service by HBKY, LLC (APR)
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Filing 93
Proposed Agreed Order Dismissing United States of America, Department of the Treasury, Internal Revenue Service by HBKY, LLC. (Powell, M.)
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Filing 92
RESPONSE in Opposition re #91 MOTION for Default Judgment by HBKY, LLC against Defendants Kingdom Energy Resources, LLC, DDB Energy Resources, LLC, Montana Bakken, LLC, Little Creek Coal Co., Inc., Green Equity Partners, LLC, KEP-RMA, LLC, United Communications, LLC, Charles H filed by Sarah Kahn. (Attachments: #1 Exhibit Exh. 1 - Kahn's First Set Of Discovery To Plaintiff, #2 Exhibit Exh. 2 - Declaration/Affidavit Of Counsel For Ms. Kahn)(Senn, M.)
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Filing 91
MOTION for Default Judgment by HBKY, LLC against Defendants Kingdom Energy Resources, LLC, DDB Energy Resources, LLC, Montana Bakken, LLC, Little Creek Coal Co., Inc., Green Equity Partners, LLC, KEP-RMA, LLC, United Communications, LLC, Charles Holder, and Fairanna Bennett Rainey (Attachments: #1 Exhibit A - Affidavit of Tyler Powell, #2 Proposed Order)(Powell, M.)
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Filing 90
Mail Returned as Undeliverable. Mail sent to KEP-RMA, LLC via Registered Agent Michael Blubaugh re #84 Clerk's Entry of Default, (APR)
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Filing 89
ORDER: It is hereby ORDERED that Parties Agreed Order for Extension of Time [R. #86 ] is GRANTED. JRL Coal, Inc., Cuz Coal Company, LLC, and Moe Coal Company, LLC, may respond to Plaintiff's complaint on or before October 22, 2021. Signed by Judge Gregory F. VanTatenhove on 09/21/2021.(KJA)cc: COR
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Filing 88
Clerk's ENTRY OF DEFAULT as to Charles A. Holder, KC II Holdings, LLC, Fairanna Bennett Rainey #87 MOTION for Entry of Default by HBKY, LLC against Defendants Charles A. Holder, Fairanna Bennett Rainey, and KC II Holdings, LLC cc: COR and C. Holder, F. Rainey, KC II Holdings, LLC by US Mail (MRS)
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Filing 87
MOTION for Entry of Default by HBKY, LLC against Defendants Charles A. Holder, Fairanna Bennett Rainey, and KC II Holdings, LLC (Attachments: #1 Affidavit of Tyler Powell, #2 Proposed Entry of Default)(Powell, M.)
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***FILE SUBMITTED TO CHAMBERS of Gregory F. Van Tatenhove for review: re #86 Proposed Agreed Order Extending Time for Defendants JRL Coal, Inc., Cuz Coal Company, LLC, and Moe Coal Company, LLC to Answer or Otherwise Respond to Complaint by HBKY, LLC (MRS)
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Filing 86
Proposed Agreed Order Extending Time for Defendants JRL Coal, Inc., Cuz Coal Company, LLC, and Moe Coal Company, LLC to Answer or Otherwise Respond to Complaint by HBKY, LLC. (Powell, M.) Modified on 9/24/2021 (MRS).
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Filing 85
SUMMONS Returned Executed by HBKY, LLC via process server to Charles A. Holder served on 8/17/2021, answer due 9/7/2021. (Powell, M.)
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Filing 84
Clerk's ENTRY OF DEFAULT as to KEP-RMA, LLC, Green Equity Partners, LLC, Little Creek Coal Co., Inc., Montana Bakken, LLC, Kingdom Energy Resources, LLC, DDB Energy Resources, LLC, United Communications, LLC #83 MOTION for Entry of Default by HBKY, LLC against Defendants Kingdom Energy Resources, LLC, DDB Energy Resources, LLC, Montana Bakken, LLC, Little Creek Coal Co., Inc., Green Equity Partners, LLC, KEP-RMA, LLC, and United Communications, LLC cc: COR, Defendants (KJA)
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Filing 83
MOTION for Entry of Default by HBKY, LLC against Defendants Kingdom Energy Resources, LLC, DDB Energy Resources, LLC, Montana Bakken, LLC, Little Creek Coal Co., Inc., Green Equity Partners, LLC, KEP-RMA, LLC, and United Communications, LLC Motions referred to Hanly A. Ingram. (Attachments: #1 Affidavit of Tyler Powell, #2 Proposed Entry of Default)(Powell, M.)
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Filing 82
ORDER: Accordingly, and the Court being sufficiently advised, it is hereby ORDERED that Parties' Agreed Order to Dismiss [R. #70 .] is GRANTED. Signed by Judge Gregory F. VanTatenhove on 09/08/2021.(KJA)cc: COR
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Filing 81
FRCP 7.1 DISCLOSURE STATEMENT by Cuz Coal Company, LLC identifying Corporate Parent JRL Energy, Inc. for Cuz Coal Company, LLC, Cuz Coal Company, LLC, Cuz Coal Company, LLC, Cuz Coal Company, LLC, Cuz Coal Company, LLC, Cuz Coal Company, LLC, Cuz Coal Company, LLC, Cuz Coal Company, LLC, Cuz Coal Company, LLC.. (Spurlock, Drayer)
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Filing 80
FRCP 7.1 DISCLOSURE STATEMENT by Moe Coal Company, LLC identifying Corporate Parent JRL Energy, Inc. for Moe Coal Company, LLC, Moe Coal Company, LLC, Moe Coal Company, LLC, Moe Coal Company, LLC, Moe Coal Company, LLC, Moe Coal Company, LLC, Moe Coal Company, LLC, Moe Coal Company, LLC, Moe Coal Company, LLC.. (Spurlock, Drayer)
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***SUBMITTED TO CHAMBERS of Gregory F. Van Tatenhove for review: re #70 Proposed Agreed Order of Dismissal with Tim Crawford, dba J&T Lumber Company by HBKY, LLC (MRS)
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Filing 79
SUMMONS Returned Executed by HBKY, LLC via process server to United Communications, LLC served on 7/28/2021, answer due 8/18/2021. (Powell, M.)
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Filing 78
SUMMONS Returned Executed by HBKY, LLC via process server to Little Creek Coal Co., Inc. served on 7/30/2021, answer due 8/20/2021. (Powell, M.)
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Filing 77
SUMMONS Returned Executed by HBKY, LLC via constable to Kingdom Energy Resources, LLC served on 7/19/2021, answer due 8/9/2021. (Powell, M.)
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Filing 76
SUMMONS Returned Executed by HBKY, LLC via process server to KC II Holdings, LLC served on 7/29/2021, answer due 8/19/2021. (Powell, M.)
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Filing 75
SUMMONS Returned Executed by HBKY, LLC via process server to Fairanna Bennett Rainey served on 8/23/2021, answer due 9/13/2021. (Powell, M.)
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Filing 74
SUMMONS Returned Executed by HBKY, LLC via constable to Montana Bakken, LLC served on 7/26/2021, answer due 8/16/2021. (Powell, M.)
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Filing 73
SUMMONS Returned Executed by HBKY, LLC via process server to KEP-RMA, LLC served on 7/23/2021, answer due 8/13/2021. (Powell, M.)
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Filing 72
SUMMONS Returned Executed by HBKY, LLC via process server to Green Equity Partners, LLC served on 7/20/2021, answer due 8/10/2021. (Powell, M.)
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Filing 71
SUMMONS Returned Executed by HBKY, LLC via constable to DDB Energy Resources, LLC served on 7/26/2021, answer due 8/16/2021. (Powell, M.)
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Filing 70
Proposed Agreed Order of Dismissal with Tim Crawford, dba J&T Lumber Company by HBKY, LLC. (Powell, M.)
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Filing 69
ANSWER to #50 Answer to Complaint,, Crossclaim,, Counterclaim, Answer to Counterclaim of Robin T. Wilson and Elk River Export, LLC by HBKY, LLC.(Powell, M.)
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Filing 68
NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Gary Napier and Drayer B. Spurlock. #54 Answer to Crossclaim has been filed by Cuz Coal Company, LLC without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (JLC)
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Filing 67
NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Gary Napier and Drayer B. Spurlock. #54 Answer to Crossclaim has been filed by Moe Coal Company, LLC without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (JLC)
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Filing 66
ANSWER to Complaint with Jury Demand Of Todd Delph (DK#22) by Sarah Kahn.(Senn, M.)
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Filing 65
ANSWER to Complaint with Jury Demand of Columbia Plywood (DK#13) by Sarah Kahn.(Senn, M.)
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Filing 64
ANSWER to Complaint with Jury Demand of BPM Lumber by Sarah Kahn.(Senn, M.)
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Filing 63
ANSWER to #51 Answer to Complaint,, Crossclaim, #50 Answer to Complaint,, Crossclaim,, Counterclaim, Elk River Export, ANSWER to #51 Answer to Complaint,, Crossclaim, #50 Answer to Complaint,, Crossclaim,, Counterclaim, of Robyn T. Wilson by Sarah Kahn.(Senn, M.)
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Filing 62
ANSWER to #43 Answer to Complaint,,,, Crossclaim,,,, Counterclaim,,, of Bell, Harlan and Knox Counties by Sarah Kahn.(Senn, M.)
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Filing 61
ANSWER to #42 Answer to Complaint,,,, Crossclaim,,,, Counterclaim,,, of Harlan County Fiscal Court and Harlan County Outdoor Recreational Board Authority by Sarah Kahn.(Senn, M.)
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Filing 60
ANSWER to #34 Answer to Complaint,,,,,, Crossclaim,,,,,, Counterclaim,,,,, of Whitley Davis by Sarah Kahn.(Senn, M.)
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Filing 59
ANSWER to #7 Answer to Complaint, Crossclaim, Counterclaim Of RTLF-KY, LLC by Sarah Kahn.(Senn, M.)
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Filing 58
FRCP 7.1 DISCLOSURE STATEMENT by Elk River Export, LLC. (Yohe, Rachele)
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Filing 57
AMENDED ANSWER to Complaint and Disclaimer of the Department of Revenue by Commonwealth of Kentucky, Department of Revenue.(Connell, Raymond) Modified to further describe on 8/20/2021 (KJA).
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Filing 56
NOTICE by HBKY, LLC of Intent to Serve Subpoena Duces Tecum to Magnum Hunter Production, Inc. (Attachments: #1 Subpoena)(Powell, M.)
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Filing 55
ANSWER to #1 Complaint, by Janice Gipson, Paul Gipson.(Saunders, Darrell) Modified text on 8/20/2021 (KJA).
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Filing 54
ANSWER to #34 Answer to Complaint,,,,,, Crossclaim,,,,,, Counterclaim,,,,, of Columbia Plywood Corporation by Cuz Coal Company, LLC, JRL Coal, Inc., Moe Coal Company, LLC.(Spurlock, Drayer)
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Filing 53
ANSWER to #51 Answer to Complaint,, Crossclaim, of Robin T. Wilson by Cuz Coal Company, LLC, JRL Coal, Inc., Moe Coal Company, LLC.(Spurlock, Drayer)
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Filing 52
ANSWER to #50 Answer to Complaint,, Crossclaim,, Counterclaim, of Elk River Export, LLC by Cuz Coal Company, LLC, JRL Coal, Inc., Moe Coal Company, LLC.(Spurlock, Drayer)
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NOTICE OF DOCKET MODIFICATION TO Rachele Yohe re #51 Answer to Complaint,, Crossclaim, #50 Answer to Complaint,, Crossclaim,, Counterclaim: Error: attachments were insufficiently described as Exhibit A,Exhibit B. Entry by attorney; Correction: the Clerk renamed the attachments.Attachments must be adequately described. Example: Exhibit A (incorrect);Exhibit A Affidavit of John Doe (correct). No further action required bycounsel. cc: COR (SYD)
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Attorney Update. Attorney Gary W. Napier for Cuz Coal Company, LLC, Gary W. Napier for Cuz Coal Company, LLC, Gary W. Napier for Cuz Coal Company, LLC, Gary W. Napier for Cuz Coal Company, LLC, Gary W. Napier for Cuz Coal Company, LLC, Gary W. Napier for Cuz Coal Company, LLC, Gary W. Napier for Cuz Coal Company, LLC, Gary W. Napier for Cuz Coal Company, LLC, Gary W. Napier for Cuz Coal Company, LLC, Gary W. Napier for JRL Coal, Inc., Gary W. Napier for JRL Coal, Inc., Gary W. Napier for JRL Coal, Inc., Gary W. Napier for JRL Coal, Inc., Gary W. Napier for JRL Coal, Inc., Gary W. Napier for JRL Coal, Inc., Gary W. Napier for JRL Coal, Inc., Gary W. Napier for JRL Coal, Inc., Gary W. Napier for JRL Coal, Inc., Gary W. Napier for Moe Coal Company, LLC, Gary W. Napier for Moe Coal Company, LLC, Gary W. Napier for Moe Coal Company, LLC, Gary W. Napier for Moe Coal Company, LLC, Gary W. Napier for Moe Coal Company, LLC, Gary W. Napier for Moe Coal Company, LLC, Gary W. Napier for Moe Coal Company, LLC, Gary W. Napier for Moe Coal Company, LLC, Gary W. Napier for Moe Coal Company, LLC, added. (SYD)
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Attorney Update. Attorney Thomas Dulaney Bullock for Elk River Export, LLC, Thomas Dulaney Bullock for Elk River Export, LLC, Thomas Dulaney Bullock for Elk River Export, LLC, Thomas Dulaney Bullock for Elk River Export, LLC, Thomas Dulaney Bullock for Elk River Export, LLC, Thomas Dulaney Bullock for Elk River Export, LLC, Thomas Dulaney Bullock for Elk River Export, LLC, Thomas Dulaney Bullock for Elk River Export, LLC, Thomas Dulaney Bullock for Elk River Export, LLC, Thomas Dulaney Bullock for Elk River Export, LLC, Thomas Dulaney Bullock for Elk River Export, LLC, Thomas Dulaney Bullock for Robin T. Wilson, Thomas Dulaney Bullock for Robin T. Wilson, Thomas Dulaney Bullock for Robin T. Wilson, Thomas Dulaney Bullock for Robin T. Wilson, Thomas Dulaney Bullock for Robin T. Wilson, Thomas Dulaney Bullock for Robin T. Wilson, Thomas Dulaney Bullock for Robin T. Wilson, Thomas Dulaney Bullock for Robin T. Wilson, Thomas Dulaney Bullock for Robin T. Wilson, Thomas Dulaney Bullock for Robin T. Wilson, added. (SYD)
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Filing 51
ANSWER to #1 Complaint , CROSSCLAIM against All Defendants by Robin T. Wilson. (Attachments: #1 Exhibit A-Timber Sale Contract, #2 Exhibit B-Timber Sale Contract, #3 Exhibit C-Assignment and Conveyance of Royal Interests, #4 Exhibit D-Timber Sale Contract, #5 Exhibit E-Timber Logging Contract)(Yohe, Rachele) Named exhibits on 8/18/2021 (SYD).
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Filing 50
FIRST ANSWER to #1 Complaint, , FIRST CROSSCLAIM against All Parties, FIRST COUNTERCLAIM against All Plaintiffs by Elk River Export, LLC. (Attachments: #1 Exhibit A-Timber Sale Contract, #2 Exhibit B-Timber Sale Contract, #3 Exhibit C-Assignment and Conveyance of Royalty Interests, #4 Exhibit D-Timber Sale Contract, #5 Exhibit E-Timber Logging Contract)(Yohe, Rachele) Named Exhibits on 8/18/2021 (SYD).
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Filing 49
ANSWER to #42 Answer to Complaint,,,, Crossclaim,,,, Counterclaim,,, of Harlan County Fiscal Court and its affiliated agency, Harlan County Outdoor Recreational Board Authority by Cuz Coal Company, LLC, JRL Coal, Inc., Moe Coal Company, LLC.(Spurlock, Drayer)
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Filing 48
ANSWER to #43 Answer to Complaint,,,, Crossclaim,,,, Counterclaim,,, of Bell, Knox and Harlan Counties by Cuz Coal Company, LLC, JRL Coal, Inc., Moe Coal Company, LLC.(Spurlock, Drayer)
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Filing 47
ANSWER to #43 Answer to Complaint,,,, Crossclaim,,,, Counterclaim,,, of Harlan, Bell and Knox Counties by HBKY, LLC.(Powell, M.)
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Filing 46
ANSWER to #42 Answer to Complaint,,,, Crossclaim,,,, Counterclaim,,, of Harlan County Outdoor Recreational Board Authority by HBKY, LLC.(Powell, M.)
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Filing 45
ANSWER to #34 Answer to Complaint,,,,,, Crossclaim,,,,,, Counterclaim,,,,, of Whitley Davis by HBKY, LLC.(Powell, M.)
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Filing 44
ORDER : 1. Parties Agreed Order to Dismiss [R. #38 ] is GRANTED. Scotsman Enterprises, LLC isdismissed without prejudice as a defendant, counterclaimant, and cross-claimant in thismatter and is subject to conditions agreed upon between the parties;2. Parties Agreed Order for Extension of Time [R. #39 ] is GRANTED. JRL Coal, Inc., CuzCoal Company, LLC, and Moe Coal Company, LLC, may respond to Plaintiffscomplaint on or before September 24, 2021. Scotsman Enterprises, LLC, Scotsman Enterprises, LLC, Scotsman Enterprises, LLC, Scotsman Enterprises, LLC, Scotsman Enterprises, LLC, Scotsman Enterprises, LLC, Scotsman Enterprises, LLC, Scotsman Enterprises, LLC and Scotsman Enterprises, LLC terminated., Cuz Coal Company, LLC answer due 9/24/2021; JRL Coal, Inc. answer due 9/24/2021; Moe Coal Company, LLC answer due 9/24/2021. Signed by Judge Gregory F. VanTatenhove on 8/16/21.(SYD)cc: COR
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Filing 43
FIRST ANSWER to #1 Complaint,,,,,,,,,,,, with Jury Demand , CROSSCLAIM against BPM Lumber, LLC, Columbia Plywood Corporation, Timothy Wayne Crawford, Cuz Coal Company, LLC, DDB Energy Resources, LLC, Whitley Davis, Todd Delph, Elk River Export, LLC, Janice Gipson, Paul Gipson, Green Equity Partners, LLC, Charles A. Holder, JRL Coal, Inc., KC II Holdings, LLC, KEP-RMA, LLC, Sarah Kahn, Kingdom Energy Resources, LLC, Kingdom Logistics, LLC, Little Creek Coal Co., Inc., Moe Coal Company, LLC, Montana Bakken, LLC, RTLF-KY, LLC, Fairanna Bennett Rainey, Scotsman Enterprises, LLC, United Communications, LLC, Robin T. Wilson, COUNTERCLAIM against HBKY, LLC by Commonwealth of Kentucky, County of Bell, Commonwealth of Kentucky, County of Harlan, Commonwealth of Kentucky, County of Knox.(Williams, Jason)
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Filing 42
FIRST ANSWER to #1 Complaint,,,,,,,,,,,, with Jury Demand , CROSSCLAIM against BPM Lumber, LLC, Columbia Plywood Corporation, Timothy Wayne Crawford, Cuz Coal Company, LLC, DDB Energy Resources, LLC, Whitley Davis, Todd Delph, Elk River Export, LLC, Janice Gipson, Paul Gipson, Green Equity Partners, LLC, Charles A. Holder, JRL Coal, Inc., KC II Holdings, LLC, KEP-RMA, LLC, Sarah Kahn, Kingdom Energy Resources, LLC, Kingdom Logistics, LLC, Little Creek Coal Co., Inc., Moe Coal Company, LLC, Montana Bakken, LLC, RTLF-KY, LLC, Fairanna Bennett Rainey, Scotsman Enterprises, LLC, United Communications, LLC, Robin T. Wilson, COUNTERCLAIM against HBKY, LLC by Harlan County Fiscal Court, Harlan County Outdoor Recreational Board Authority. (Attachments: #1 Exhibit Agreement)(Williams, Jason)
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Filing 41
ANSWER to Complaint Crossclaim of Defendant, Whitley Davis by Cuz Coal Company, LLC, JRL Coal, Inc., Moe Coal Company, LLC.(Spurlock, Drayer)
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Filing 40
ANSWER to Complaint Cross claim of Defendant, Todd Delph by Cuz Coal Company, LLC, JRL Coal, Inc., Moe Coal Company, LLC.(Spurlock, Drayer)
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Filing 39
Proposed Agreed Order Extending Time to Answer of Defendants JRL Coal, Inc., Cuz Coal Company and Moe Coal Company by HBKY, LLC. (Powell, M.)
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Filing 38
Proposed Agreed Order Dismissing Scotsman Enterprises, LLC Without Prejudice by HBKY, LLC. (Powell, M.)
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Filing 37
ANSWER to #31 Answer to Complaint,, Crossclaim,, Counterclaim, of Sarah Kahn by HBKY, LLC.(Powell, M.)
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***MOTION SUBMITTED TO CHAMBERS of Gregory V. Van Tatenhove for review: re #39 Proposed Agreed Order Extending Time to Answer of Defendants JRL Coal, Inc., Cuz Coal Company and Moe Coal Company by HBKY, LLC, #38 Proposed Agreed Order Dismissing Scotsman Enterprises, LLC Without Prejudice by HBKY, LLC (SYD)
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Filing 36
ANSWER to #31 Answer to Complaint,, Crossclaim,, Counterclaim, of Sarah Kahn by Cuz Coal Company, LLC, JRL Coal, Inc., Moe Coal Company, LLC.(Spurlock, Drayer)
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Filing 35
FIRST ANSWER to #34 Answer to CrossclaimAnswer to Whitley Davis Cross-Claim by Todd Delph.(Tackett, Calvin) Modified text on 8/10/2021 (SYD).
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Filing 34
ANSWER to #1 Complaint, with Jury Demand , CROSSCLAIM against BPM Lumber, LLC, Columbia Plywood Corporation, Commonwealth of Kentucky, County of Bell, Commonwealth of Kentucky, County of Harlan, Commonwealth of Kentucky, County of Knox, Commonwealth of Kentucky, Department of Revenue, Timothy Wayne Crawford, Cuz Coal Company, LLC, DDB Energy Resources, LLC, Todd Delph, Elk River Export, LLC, Janice Gipson, Paul Gipson, Green Equity Partners, LLC, Harlan County Fiscal Court, Harlan County Outdoor Recreational Board Authority, Charles A. Holder, JRL Coal, Inc., KC II Holdings, LLC, KEP-RMA, LLC, Sarah Kahn, Kingdom Energy Resources, LLC, Kingdom Logistics, LLC, Little Creek Coal Co., Inc., Moe Coal Company, LLC, Montana Bakken, LLC, RTLF-KY, LLC, Fairanna Bennett Rainey, Scotsman Enterprises, LLC, USA, Department of the Treasury, Internal Revenue Service, United Communications, LLC, Robin T. Wilson, COUNTERCLAIM against HBKY, LLC by Whitley Davis. (Attachments: #1 Exhibit 1 - Fayette Circuit Court Order and Judgment Entered 10/11/2017, #2 Exhibit 2 - Notice of Judgment Lien on Real Estate Book 55, Pages 5-6 , #3 Exhibit 3 - Davis Harlan County Judgment Lien, #4 Exhibit 4 - Davis Knox County Judgment Lien)(Strong, Adrianne) Modified to further describe on 8/13/2021 (KJA).
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***FILE SUBMITTED TO CHAMBERS of Magistrate Judge Hanly A. Ingram for review: #32 Notice (KM)
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Filing 33
NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, John Lally. #13 Answer to Complaint,, Crossclaim,, Counterclaim, has been filed by RTLF-KY, LLC without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (MRS)
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Filing 32
NOTICE by Kingdom Logistics, LLC of Disclaimer (Maclin, Robert)
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Filing 31
ANSWER to #1 Complaint,,,,,,,,,,,, with Jury Demand , CROSSCLAIM against All Defendants, COUNTERCLAIM against All Plaintiffs by Sarah Kahn. (Attachments: #1 Exhibit 1. Kahn Judgment Against Kingdom Energy, #2 Exhibit 2. KY Court Of Appeals Opinion Affirming, #3 Exhibit 3. Kahn Bell County Notice Of Judgment Lien, #4 Exhibit 4. Kahn Harlan County Notice Of Judgment Lien, #5 Exhibit 5. Kahn Knox County Notice Of Judgment Lien)(Senn, M.)
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Filing 30
NOTICE of Appearance by M. Thurman Senn on behalf of Sarah Kahn (Senn, M.)
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Filing 29
ANSWER to #22 Answer to Complaint,, Crossclaim,, Counterclaim, of Todd Delph, dba Southeast Construction and Welding by HBKY, LLC.(Powell, M.)
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Filing 28
ORDER: It is hereby ORDERED as follows: 1. Defendant JRL Coal's Motion Regarding JRL Coal, Inc.'s Motion to Dismiss and JRL Coal, Inc.'s Motion for Extension of Time to File an Answer [R. #27 ] is GRANTED; 2. JRL's Motion to Dismiss [R. #15 ] is WITHDRAWN without prejudice; 3. JRL Coal's Motion for Extension of Time [R. #18 ] is DENIED AS MOOT; and 4. Defendants shall have until August 20, 2021, to file an Answer or otherwise respond to Plaintiff's Complaint. Signed by Judge Gregory F. VanTatenhove on 07/27/2021.(KJA)cc: COR
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***FILE SUBMITTED TO CHAMBERS of Gregory F. Van Tatenhove for review: re #27 Proposed Agreed Order regarding JRL's Motion to Dismiss and Motion for Extension of Time by JRL Coal, Inc. (MRS)
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Filing 27
Proposed Agreed Order regarding JRL's Motion to Dismiss and Motion for Extension of Time by JRL Coal, Inc.. (Spurlock, Drayer)
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Filing 26
Summons Issued as to Little Creek Coal Co., Inc.; Summons issued and returned to counsel electronically (KJA)
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Filing 25
ORDER: The Court, on its own motion and upon agreement of the involved judges, TRANSFERS this matter to United States District Judge Gregory F. Van Tatenhove for all further proceedings. Signed by Judge Claria Horn Boom on 7/23/2021.(MM)cc: COR
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Filing 24
NOTICE OF FILING by HBKY, LLC replacement summons to Little Creek Coal Co., Inc. (Attachments: #1 Summons to Little Creek Coal Co., Inc. (replacement))(Powell, M.)
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Filing 23
Summons Returned Unexecuted by HBKY, LLC as to Little Creek Coal Co., Inc.. (Powell, M.)
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Filing 22
FIRST ANSWER to #1 Complaint,,,,,,,,,,,, , FIRST CROSSCLAIM against Kingdom Energy Resources, LLC, FIRST COUNTERCLAIM against Kingdom Energy Resources, LLC by Todd Delph. (Attachments: #1 Exhibit Notice of Judgment Lien)(Tackett, Calvin)
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Filing 21
ANSWER to Complaint Answer to Counterclaim of Columbia Plywood Corporation (DE 13) by HBKY, LLC.(Powell, M.)
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Filing 20
ANSWER to #11 Answer to Complaint,, Crossclaim,, Counterclaim, of Scotsman Enterprises, LLC by HBKY, LLC.(Powell, M.)
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Filing 19
ANSWER to Complaint Answer to Counterclaim of BPM Lumber, LLC (DE 9) by HBKY, LLC.(Powell, M.)
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NOTICE OF DOCKET MODIFICATION TO John Brice re #13 Answer to Complaint,, Crossclaim,, Counterclaim, : Error: attachments were insufficiently described as Exhibit. Entry by attorney; Correction: the Clerk renamed the attachments.Attachments must be adequately described. Example: Exhibit A (incorrect);Exhibit A Affidavit of John Doe (correct). No further action required bycounsel cc: COR (SYD)
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***FILE SUBMITTED TO CHAMBERS of Claria H. Boom for review: #17 Notice withdrawal without prejudice of motion, #15 MOTION to Dismiss for failure to state a claim by JRL Coal, Inc. (SYD)
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Filing 18
MOTION for Extension of Time to File Answer by JRL Coal, Inc. Motions referred to Hanly A. Ingram. (Attachments: #1 Proposed Order granting motion)(Spurlock, Drayer)
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Filing 17
NOTICE by JRL Coal, Inc. re #15 MOTION to Dismiss for failure to state a claim by JRL Coal, Inc. of withdrawal without prejudice of motion (Spurlock, Drayer)
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Filing 16
FRCP 7.1 DISCLOSURE STATEMENT by JRL Coal, Inc.. (Spurlock, Drayer)
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Filing 15
MOTION to Dismiss for failure to state a claim by JRL Coal, Inc. (Attachments: #1 Proposed Order granting motion)(Spurlock, Drayer)
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Filing 14
FRCP 7.1 DISCLOSURE STATEMENT by Columbia Plywood Corporation identifying Corporate Parent Columbia Forest Products, Inc. for Columbia Plywood Corporation.. (Brice, John)
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Filing 13
ANSWER to #1 Complaint , CROSSCLAIM against Kingdom Energy Resources, LLC, by Columbia Plywood Corporation. (Attachments: #1 Exhibit 1-Notice of Judgment Lien, #2 Exhibit 2-Notice of Judgment Lien, #3 Exhibit 3-Timber Contract)(Brice, John) Removed Counterclaim; named exhibits on 7/20/2021 (SYD).
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Filing 12
FRCP 7.1 DISCLOSURE STATEMENT by Scotsman Enterprises, LLC. (Noland, Elizabeth)
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Filing 11
ANSWER to #1 Complaint, , CROSSCLAIM against All Defendants, COUNTERCLAIM against HBKY, LLC by Scotsman Enterprises, LLC. (Attachments: #1 Exhibit - True and correct copies of the Judgment Liens, as filed in the records of the Knox County Clerk, the Harlan County Clerk, and the Bell County Clerk)(Noland, Elizabeth) Modified docket text on 7/20/2021 (KJA).
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Filing 10
FRCP 7.1 DISCLOSURE STATEMENT by BPM Lumber, LLC. (Brice, John)
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Filing 9
ANSWER to #1 Complaint, , CROSSCLAIM against Kingdom Energy Resources, LLC, COUNTERCLAIM against Kingdom Energy Resources, LLC by BPM Lumber, LLC. (Attachments: #1 Exhibit 1 - Notice of Judgment Lien on Real Estate, of record in Lis Pendens Book 35, Page 786 , #2 Exhibit 2 - Notice of Judgment Lien on Real Estate, of record in Lis Pendens Book 35, Page 786 )(Brice, John) Modified to further describe on 7/20/2021 (KJA).
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Filing 8
ANSWER to #7 Answer to Complaint, Crossclaim, Counterclaim by HBKY, LLC.(Powell, M.)
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NOTICE OF DEFICIENCY TO J. Lally/J. Reiter re #7 Answer to Complaint, Crossclaim, Counterclaim: 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 (MRS)
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Filing 7
ANSWER to #1 Complaint, , CROSSCLAIM against All Defendants, COUNTERCLAIM against All Plaintiffs by RTLF-KY, LLC. (Attachments: #1 Attachment)(Lally, John) Modified text on 7/15/2021 (MRS).
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Filing 6
ANSWER to #1 Complaint by Commonwealth of Kentucky, Department of Revenue.(Connell, Raymond) Modified text on 7/12/2021 (MRS).
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Filing 5
FRCP 7.1 DISCLOSURE STATEMENT by HBKY, LLC identifying Corporate Parent Senior Health Insurance Company of Pennsylvania for HBKY, LLC.. (Powell, M.)
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Filing 4
NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Tyler Powell and Peter M. Cummins. #1 Complaint,,,,,,,,,,,, has been filed by HBKY, LLC without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (APR)
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Conflict Check run. (APR)
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Filing 2
Summons Issued as to BPM Lumber, LLC, Columbia Plywood Corporation, Commonwealth of Kentucky, County of Bell, Commonwealth of Kentucky, County of Harlan, Commonwealth of Kentucky, County of Knox, Commonwealth of Kentucky, Department of Revenue, Timothy Wayne Crawford, Cuz Coal Company, LLC, DDB Energy Resources, LLC, Whitley Davis, Todd Delph, Elk River Export, LLC, Janice Gipson, Paul Gipson, Green Equity Partners, LLC, Harlan County Fiscal Court, Harlan County Outdoor Recreational Board Authority, Charles A. Holder, JRL Coal, Inc., KC II Holdings, LLC, KEP-RMA, LLC, Sarah Kahn, Kingdom Energy Resources, LLC, Kingdom Logistics, LLC, Little Creek Coal Co., Inc., Moe Coal Company, LLC, Montana Bakken, LLC, RTLF-KY, LLC, Fairanna Bennett Rainey, Scotsman Enterprises, LLC, USA, Department of the Treasury, Internal Revenue Service, United Communications, LLC, Robin T. Wilson; Summons issued and returned to counsel electronically (Attachments: #1 Summons - Bell County, KY, #2 Summons - Charles A. Holder, #3 Summons - Columbia Plywood Corporation, #4 Summons - KY Department of Revenue, #5 Summons - Cuz Coal Company, LLC, #6 Summons - DDB Energy Resources, LLC, #7 Summons - Elk River Export, LLC, #8 Summons - Fairanna Bennett Rainey, #9 Summons - Green Equity Partners, LLC, #10 Summons - Harlan County Fiscal Court, #11 Summons - Harlan County, KY, #12 Summons - Harlan County Outdoor Recreational Board Authority, #13 Summons - U.S. Attorney General for IRS, #14 Summons - EDKY U.S. Attorney's Office for IRS, #15 Summons - Janice Gipson, #16 Summons - KEP-RMA, LLC, #17 Summons - Kingdom Energy Resources, LLC, #18 Summons - Kingdom Logistics, LLC, #19 Summons - Knox County, KY, #20 Summons - Little Creek Coal Co., Inc., #21 Summons - Moe Coal Company, LLC, #22 Summons - Montana Bakken, LLC, #23 Summons - Paul Gipson, #24 Summons - Robin T. Wilson, #25 Summons - RTLF-KY, LLC, #26 Summons - Sarah Kahn, #27 Summons - Scotsman Enterprises, LLC, #28 Summons - Timothy Wayne Crawford d/b/a J&T Lumber Company, #29 Summons - Todd Delph d/b/a Southeast Construction and Welding, #30 Summons - United Communications, LLC, #31 Summons - Whitley Davis, #32 Summons - JR Coal, Inc., #33 Summons - KC II Holdings, LLC)(APR)
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Filing 1
COMPLAINT ( Filing fee $402; receipt number 0643-5002443), filed by HBKY, LLC. (Attachments: #1 Exhibit 1 - Bell MB 337p692, Bell FF11p557, Knox MB433p392, Knox FF11p250, #2 Exhibit 2 - Bell MB337p736, FF11p601, Harlan MB442p311, #3 Exhibit 3 - Harlan MB442p345, FF15p362, #4 Exhibit 4 - Bell Misc 23 p 719 - Misc 24 p 22, MB340pp62-151, #5 Exhibit 5 - Harlan Misc 43 pp 333-422, DB466pp439-468, LB52p250, #6 Exhibit 6 - Knox Misc 49pp31-117, Misc 54pp234-269, #7 Exhibit 7 - Security Agreement, #8 Exhibit 8 - UCC-1 Financing Statements, #9 Exhibit 9 - USDC SDNY Consent Judgment, #10 Exhibit 10 - Assignment Agreement, #11 Exhibit 11 - Master Collateral Agency Assignment Agreement, #12 Exhibit 12 - Bell MB372p95, MB372p98, Knox MB485p152, FF12p36, #13 Exhibit 13 - Bell MB372p101, MB372p104, Harlan MB449p630, FF15p715, #14 Exhibit 14 - Harlan MB449p637, FF15p726, #15 Exhibit 15 - Bell MB372p107, Harlan Misc 48pp221-232, LB54p533, DB490p119, #16 Exhibit 16 - 05/19/2021 Assignment Agreement from SHIP to HBKY, #17 Exhibit 17 - 05/19/2021 Master Collateral Agency Assignment Agreement, #18 Exhibit 18 - Bell MB372pp131, MB372pp134, Knox MB485p155, FF12p39, #19 Exhibit 19 - Bell MB372p137, MB372p140, Harlan MB478p554, FF17p195, #20 Exhibit 20 - Harlan MB442p345, FF17p198, #21 Exhibit 21 - Bell MB372pp131-178, Harlan Misc 48pp131-179, LB54p536, #22 Exhibit 22 - Assignment and Continuation Statements, #23 Exhibit 23 - 11/17/2020 Notice of Default, #24 Exhibit 24 - Knox Co. EB33p741, EB34p541, #25 Exhibit 25 - Less and Excepts, #26 Exhibit 26 - Master Amendment Agreement, #27 Civil Cover Sheet, #28 Summons - Bell County, KY, #29 Summons - BPM Lumber, LLC, #30 Summons - Charles A. Holder, #31 Summons - Columbia Plywood Corporation, #32 Summons - Commonwealth of Kentucky, Department of Revenue, #33 Summons - Cuz Coal Company, LLC, #34 Summons - DDB Energy Resources, LLC, #35 Summons - Elk River Export, LLC, #36 Summons - Fairanna Bennett Rainey, #37 Summons - Green Equity Partners, LLC, #38 Summons - Harlan County Fiscal Court, #39 Summons - Harlan County, KY, #40 Summons - Harlan County Outdoor Recreational Board Authority, #41 Summons - IRS through U.S. Attorney General, #42 Summons - IRS through U.S. Attorney, EDKY, #43 Summons - Janice Gipson, #44 Summons - KEP-RMA, LLC, #45 Summons - Kingdom Energy Resources, LLC, #46 Summons - Kingdom Logistics, LLC, #47 Summons - Knox County, KY, #48 Summons - Little Creek Coal Co., Inc., #49 Summons - Moe Coal Company, LLC, #50 Summons - Montana Bakken, LLC, #51 Summons - Paul Gipson, #52 Summons - Robin T. Wilson, #53 Summons - RTLF-KY, LLC, #54 Summons - Sarah Kahn, #55 Summons - Scotsman Enterprises, LLC, #56 Summons - Timothy Crawford d/b/a J&T Lumber Company, #57 Summons - Todd Delph d/b/a Southeast Construction and Welding, #58 Summons - United Communications, LLC, #59 Summons - Whitley Davis, #60 Summons - JRL Coal, Inc., #61 Summons - KC II Holdings, LLC)(APR)
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