Balke et al v. Carmichael et al
| Barry D Winston, Don B Carmichael, KK & PK Family LP and Gary Emmott |
| Imperial Petroleum Recovery Corporation |
| TEBJES Inc., Thomas Balke and Ultrawave Technology for Emulsion Control |
| 4:2019cv00313 |
| January 28, 2019 |
| US District Court for the Southern District of Texas |
| Lee H Rosenthal |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 0158 |
| None |
Docket Report
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This docket was last retrieved on December 4, 2019. A more recent docket listing may be available from PACER.
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Filing 22
ORDER granting #20 MOTION for Leave to File Response in Opposition to Motion for Access to Sealed Record. The court accepts Docket Entry #13 as filed. (Signed by Chief Judge Lee H Rosenthal) Parties notified.(olindor, 4)
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| Filing 21 REPLY to Response to #10 MOTION Access to Sealed Record, filed by Thomas Balke, TEBJES Inc., Ultrawave Technology for Emulsion Control. (Attachments: #1 Exhibit Order Sealing Exhibits, #2 Exhibit Plaintiff Motion to Seal Exhibits, #3 Exhibit Adv. 13-03375 Docket Report)(Bain, Joan M) |
| Filing 20 MOTION for Leave to File Response in Opposition to Motion for Access to Sealed Record by Don B Carmichael, Gary Emmott, KK & PK Family LP, Barry D Winston, filed. Motion Docket Date 4/15/2019. (Attachments: #1 Proposed Order)(Emmott, Karen) |
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Filing 19
ORDER granting #17 Second EMERGENCY MOTIONOpposed MOTION for Extension of Time File Appellants' Brief ( Appellant Brief due by 4/15/2019, Responses due by 5/20/2019, Appellant Reply due by 6/3/2019.)(Signed by Chief Judge Lee H Rosenthal) Parties notified.(gclair, 4)
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| Filing 18 RESPONSE in Opposition to #17 Second EMERGENCY MOTIONOpposed MOTION for Extension of Time File Appellants' Brief, filed by Don B Carmichael, Gary Emmott, KK & PK Family LP, Barry D Winston. (Attachments: #1 Proposed Order)(Emmott, Karen) |
| Filing 17 Second EMERGENCY MOTION, Opposed MOTION for Extension of Time File Appellants' Brief( Motion Docket Date 4/12/2019.) by Thomas Balke, TEBJES Inc., Ultrawave Technology for Emulsion Control, filed. (Attachments: #1 Exhibit, #2 Proposed Order)(Bain, Joan M) |
| Filing 16 MOTION for Leave to File Response in Opposition to Appellants' Motion to Correct and Supplement the Record by Don B Carmichael, Gary Emmott, KK & PK Family LP, Barry D Winston, filed. Motion Docket Date 4/11/2019. (Attachments: #1 Proposed Order)(Emmott, Karen) |
| Filing 15 RESPONSE in Opposition to #12 MOTION to Strike Response to Motion to Supplement Record on Appeal, filed by Don B Carmichael, Gary Emmott, KK & PK Family LP, Barry D Winston. (Attachments: #1 Proposed Order)(Emmott, Karen) |
| Filing 14 NOTICE of Appearance by Steven A. Leyh on behalf of Thomas Balke, TEBJES Inc., Ultrawave Technology for Emulsion Control, filed. (Leyh, Steven) |
| Filing 13 RESPONSE in Opposition to #10 MOTION Access to Sealed Record, filed by Don B Carmichael, Gary Emmott, KK & PK Family LP, Barry D Winston. (Attachments: #1 Exhibit Order Granting Plaintiffs' Emergency Motion for Entry of Order Sealing Certain Exhibits, #2 Proposed Order)(Emmott, Karen) |
| Filing 12 MOTION to Strike Response to Motion to Supplement Record on Appeal by Thomas Balke, TEBJES Inc., Ultrawave Technology for Emulsion Control, filed. Motion Docket Date 4/9/2019. (Attachments: #1 Proposed Order Granting Motion to Strike and Motion to Supplement)(Bain, Joan M) |
| Filing 11 RESPONSE in Opposition to #7 MOTION to Supplement Record on Appeal, filed by Don B Carmichael, Gary Emmott, KK & PK Family LP, Barry D Winston. (Attachments: #1 Exhibit A - October 18, 2018 Order, #2 Exhibit B - January 18, 2019 Order, #3 Proposed Order)(Emmott, Karen) |
| Filing 10 MOTION Access to Sealed Record by Thomas Balke, TEBJES Inc., Ultrawave Technology for Emulsion Control, filed. Motion Docket Date 3/25/2019. (Attachments: #1 Proposed Order Allowing Access to Record)(Bain, Joan M) |
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Filing 9
ORDER granting #6 Motion for Emergency ( Appellant Brief due by 3/29/2019); granting #6 Motion for Extension of Time.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(rguerrero, 4)
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| Filing 8 RESPONSE in Opposition to #6 EMERGENCY MOTIONFirst MOTION for Extension of Time File Appellants' Brief, filed by Don B Carmichael, Gary Emmott, KK & PK Family LP, Barry D Winston. (Attachments: #1 Proposed Order)(Emmott, Karen) |
| Filing 7 MOTION to Supplement Record on Appeal by Thomas Balke, TEBJES Inc., Ultrawave Technology for Emulsion Control, filed. Motion Docket Date 3/14/2019. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Proposed Order)(Bain, Joan M) |
| Filing 6 EMERGENCY MOTION, First MOTION for Extension of Time File Appellants' Brief( Motion Docket Date 3/14/2019.) by Thomas Balke, TEBJES Inc., Ultrawave Technology for Emulsion Control, filed. (Attachments: #1 Proposed Order Granting Extension to file brief)(Bain, Joan M) |
| Filing 5 Notice of Docketing an Appeal under Bankruptcy Rule 8018. On 1/30/2019, the appeal was transmitted to the U.S. District Court, assigned Judge Lee Rosenthal, Civil Action 4:19-cv-313. All appellate filings must now be made in the United States District Court with the civil action caption and case number. Parties notified, filed.(ShoshanaArnow, 4) |
| Filing 4 Bankruptcy Record on Appeal. The attached documents represent all designated items to be included as the Record on Appeal in this matter, filed. (Record 1 Documents 76-319 #1 Record 2 Document 336 Sealed, #2 Record 3 Documents 337-342, #3 Record 4 Documents 343-456, #4 Record 5 Documents 457-475, #5 Record for Case 13-30466)(ShoshanaArnow, 4) (Additional attachment(s) added on 2/14/2019: #6 Documents 449, 464 and 468) (ShoshanaArnow, 4). |
| Filing 3 Clerks Notice of Filing of an Appeal from an Order or Judgment of the Bankruptcy Court. On 11/1/2018, Thomas Balke filed a notice of appeal. The appeal has been assigned to U.S. District Judge Lee Rosenthal, Civil Action 4:19-cv-313. Parties notified, filed. (Attachments: #1 Notice of Appeal) Originally filed in 4:18-cv-731 on 11/6/2018.(ShoshanaArnow, 4) |
| Filing 2 MOTION to Bifurcate Joined Appeals by Don B Carmichael, Gary Emmott, KK & PK Family LP, Barry D Winston, filed. Originally filed on 1/10/2019 in 4:18-cv-731. (ShoshanaArnow, 4) |
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Filing 1
ORDER to Bifurcate 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.(ShoshanaArnow, 4)
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