Balke et al
Appellant: Thomas Balke, TEBJES Inc. and Ultrawave Technology for Emulsion Control
Appellee: Don B Carmichael, KK & PK Family LP, Barry D Winston and Gary Emmott
Case Number: 4:2018cv00731
Filed: March 8, 2018
Court: US District Court for the Southern District of Texas
Office: Houston Office
County: Harris
Presiding Judge: Lee H Rosenthal
Nature of Suit: Appeal
Cause of Action: 28 U.S.C. ยง 0158
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
March 16, 2020 Opinion or Order Filing 59 ORDER entered DENYING 55 First EMERGENCY MOTION MOTION for Extension of Time to File Appellants Brief.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
January 3, 2020 Opinion or Order Filing 35 MEMORANDUM OPINION and ORDER entered: Abating the briefing deadlines will prejudice the appellees and further delay the adjudication of the first appeal. There is no basis to find prejudice to the appellants by requiring them to proceed. To the co ntrary, any prejudice from the continued delay will be visited on the appellees. The appellants' motion to abate briefing deadlines is denied.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4) Modified on 1/3/2020 (leddins, 4).
August 6, 2019 Opinion or Order Filing 30 ORDER entered: The court denies the appellants' motion for a stay under Rule 8007, without prejudice to consideration of an appeal from any decision of the bankruptcy court on the motion for a stay. The court orders the appellants to appear before the bankruptcy court to move for a stay of the sale. The appellants' motion for a stay is denied. (Docket Entry No. 28). (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
January 28, 2019 Opinion or Order Filing 25 ORDER entered: A district court has broad discretion in separating issues and claims for trial "[f]or convenience, to avoid prejudice, or to expedite and economize." Fed R. Civ. P. 42. Because the first appeal cannot proceed until the merits of the third appeal are resolved, it is more efficient to separately administer the two appeals. The appellees' motion to bifurcate, (Docket Entry No. 24), is granted. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
May 11, 2018 Opinion or Order Filing 13 ORDER entered DENYING as MOOT 2 MOTION : The appellants motion to determine appellate jurisdiction is denied as moot, without prejudice subject to either partys reurging based on supplemental briefing. (Docket Entry No. 2). The appellants must file supplemental briefing on the Rule 8002(b) issue by Friday, May 18, 2018. The appellees must respond by Friday, May 25, 2018.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)
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Appellant: Thomas Balke
Represented By: Joan M Lucci Bain
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Appellant: TEBJES Inc.
Represented By: Joan M Lucci Bain
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Appellant: Ultrawave Technology for Emulsion Control
Represented By: Joan M Lucci Bain
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Appellee: Don B Carmichael
Represented By: Karen R Emmott
Represented By: John Joseph Marek
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Appellee: KK & PK Family LP
Represented By: Karen R Emmott
Represented By: John Joseph Marek
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Appellee: Barry D Winston
Represented By: Karen R Emmott
Represented By: John Joseph Marek
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Appellee: Gary Emmott
Represented By: Karen R Emmott
Represented By: John Joseph Marek
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