United Bank v. Allegheny Wood Products, Inc. et al
Plaintiff: United Bank
Defendant: Allegheny Wood Products, Inc., Allegheny Wood Products International, Inc., Allegheny Wood Timber Products, LLC, AHF Products, LLC and John W Crites, II
Other: Truist Equipment Finanace
Receiver: Christopher DeWeese, CPA
Interested Party: Aurora Sustainable Lands LLC, Summit Community Bank, Inc., West Virginia Personnel, Inc. and Appalachian Power Company
Case Number: 2:2024cv00003
Filed: March 4, 2024
Court: US District Court for the Northern District of West Virginia
Presiding Judge: Thomas S Kleeh
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 17, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 17, 2024 Opinion or Order Filing 56 ORDER APPROVING RECEIVER'S FIRST OMNIBUS MOTION #55 TO SELL AND ASSIGN RECEIVERSHIP PROPERTY FREE AND CLEAR OF ALL CLAIMS, LIENS, AND ENCUMBRANCES. Signed by Chief District Judge Thomas S Kleeh on 4/17/2024. (mas)
April 16, 2024 Filing 55 MOTION for order approving the sale and assignment of various timber purchase agreements, saw logs, lumber, equipment, and ground lease free and clear of liens, claims, and encumbrances by Christopher DeWeese, CPA. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit A-4, #5 Exhibit A-5, #6 Exhibit A-6, #7 Exhibit A-7, #8 Exhibit A-8, #9 Exhibit A-9, #10 Exhibit B-1, #11 Exhibit B-2, #12 Exhibit C-1, #13 Exhibit C-2, #14 Exhibit D, #15 Proposed Order)(Supple, Joe)
March 29, 2024 Opinion or Order Filing 54 ORDER APPROVING SALE OF RECEIVERSHIP PROPERTY FREE AND CLEAR OF ALL CLAIMS, LIENS, AND ENCUMBRANCES: The #30 Motion is GRANTED. Signed by Chief District Judge Thomas S Kleeh on 3/29/2024. (Attachments: #1 Asset Purchase Agreement)(cnd)
March 29, 2024 Filing 53 Asset Purchase Agreement and Schedules Other Document re #36 Proposed Order -- NOT PRETRIAL, #30 MOTION for Order of Sale of Receivership Property Approval filed by Christopher DeWeese, CPA. (Supple, Joe)
March 28, 2024 Filing 52 WAIVER OF SERVICE Returned Executed by United Bank. John W Crites, II waiver sent on 3/27/2024, answer due 5/28/2024. (Hayes, Seth)
March 28, 2024 Filing 51 WAIVER OF SERVICE Returned Executed by United Bank. Allegheny Wood Products International, Inc. waiver sent on 3/27/2024, answer due 5/28/2024; Allegheny Wood Products, Inc. waiver sent on 3/27/2024, answer due 5/28/2024; Allegheny Wood Timber Products, LLC waiver sent on 3/27/2024, answer due 5/28/2024. (Hayes, Seth)
March 28, 2024 Filing 50 NOTICE of Appearance by Jonathan D. Boggs on behalf of John W Crites, II (Boggs, Jonathan)
March 28, 2024 Filing 49 NOTICE of Appearance by Jonathan S. Deem on behalf of John W Crites, II (Deem, Jonathan)
March 27, 2024 Filing 48 AMENDED COMPLAINT FOR BREACH OF CONTRACT AND EMERGENCY APPOINTMENT OF A RECEIVER against AHF Products, LLC, Allegheny Wood Products International, Inc., Allegheny Wood Products, Inc., Allegheny Wood Timber Products, LLC, filed by United Bank. (Filed Per #47 Amended Order). (mas)
March 27, 2024 Filing 47 AMENDED ORDER APPOINTING A RECEIVER granting #37 Motion. This Order amends the previous Order #18 . Signed by Chief District Judge Thomas S Kleeh on 3/27/2024. (mas)
March 27, 2024 Filing 46 MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before Chief District Judge Thomas S. Kleeh: Motion Hearing held on 3/27/2024 re #30 MOTION for Order of Sale of Receivership Property Approval filed by Christopher DeWeese, CPA. (Court Reporter Rachel Kocher) (jb)
March 27, 2024 Filing 45 NOTICE of Appearance by Stephen F. Gandee on behalf of Appalachian Power Company (Gandee, Stephen) (Main Document 45 replaced with flattened document on 4/19/2024) (mas).
March 27, 2024 Filing 44 NOTICE of Appearance by Stephen F. Gandee on behalf of Appalachian Power Company (Gandee, Stephen) (Main Document 44 replaced with flattened document on 4/19/2024) (mas).
March 27, 2024 Filing 43 DRAFT Asset Purchase Agreement Other Document filed by Christopher DeWeese, CPA. (Attachments: #1 DRAFT Schedules)(Supple, Joe)
March 26, 2024 Filing 42 AFFIDAVIT re #30 MOTION for Order of Sale of Receivership Property Approval by Christopher DeWeese, CPA. (Supple, Joe)
March 26, 2024 Filing 41 AFFIDAVIT re #30 MOTION for Order of Sale of Receivership Property Approval by Christopher DeWeese, CPA. (Supple, Joe)
March 26, 2024 Filing 40 NOTICE of Appearance by Jeffrey G. Wilhelm on behalf of Truist Equipment Finanace (Wilhelm, Jeffrey)
March 25, 2024 Filing 39 CERTIFICATE OF SERVICE by Christopher DeWeese, CPA re #38 Order Setting Hearing on Motion, . (Supple, Joe)
March 25, 2024 Opinion or Order Filing 38 ORDER SCHEDULING MOTION HEARING on #30 MOTION. Motion Hearing set for 3/27/2024 12:00 PM before Chief District Judge Thomas S Kleeh. The parties can access the status conference via ZoomGov video conferencing with an option to participate telephonically. Signed by Chief District Judge Thomas S Kleeh on 3/25/2024. (mas)
March 22, 2024 Filing 37 First MOTION to Amend/Correct Order Appointing Receiver by United Bank. (Attachments: #1 Supplement Memo of Law in Support of Motion to Amend Order Appointing Receiver, #2 Proposed Order Amended United Bank-Allegheny Order Appointing Receiver (Exhibit A), #3 Exhibit Amended Complaint Updated 3.22.24 (Exhibit B))(Hayes, Seth)
March 22, 2024 Filing 36 Proposed Order re #30 MOTION for Order of Sale of Receivership Property Approval by Christopher DeWeese, CPA. (Supple, Joe)
March 20, 2024 Opinion or Order Filing 35 ORDER granting #27 MOTION for Leave to Appear Pro Hac Vice of W. Austin Jowers. Signed by Chief District Judge Thomas S Kleeh on 3/20/2024. (mas)
March 20, 2024 Opinion or Order Filing 34 ORDER granting #26 MOTION for Leave to Appear Pro Hac Vice of Christopher K. Coleman. Signed by Chief District Judge Thomas S Kleeh on 3/20/2024. (mas)
March 19, 2024 Filing 33 NOTICE of Appearance by John F. Hussell, IV on behalf of West Virginia Personnel, Inc. (Hussell, John)
March 19, 2024 Filing 32 NOTICE of Appearance by Jakeb Shuck on behalf of West Virginia Personnel, Inc. (Shuck, Jakeb)
March 18, 2024 Filing 31 CERTIFICATE OF SERVICE by Christopher DeWeese, CPA re #30 MOTION for Order of Sale of Receivership Property Approval . (Supple, Joe)
March 18, 2024 Filing 30 MOTION for Order of Sale of Receivership Property Approval by Christopher DeWeese, CPA. (Attachments: #1 Exhibit A)(Supple, Joe)
March 15, 2024 Filing 29 PHV Filing fee for W. Austin Jowers $ 200.00, receipt number 100003853. (cmd)
March 15, 2024 Filing 28 PHV Filing fee for Christopher Coleman $ 200.00, receipt number 100003854. (cmd)
March 15, 2024 Filing 27 MOTION for Leave to Appear Pro Hac Vice of W. Austin Jowers by AHF Products, LLC. (Attachments: #1 Attachment, #2 Attachment, #3 Proposed Order)(Herlihy, William)
March 15, 2024 Filing 26 MOTION for Leave to Appear Pro Hac Vice of Christopher K. Coleman by AHF Products, LLC. (Attachments: #1 Attachment, #2 Attachment, #3 Proposed Order)(Herlihy, William)
March 15, 2024 Filing 25 NOTICE of Appearance by William M. Herlihy on behalf of AHF Products, LLC (Herlihy, William)
March 13, 2024 Filing 24 NOTICE of Appearance by Joe Mark Supple on behalf of Christopher DeWeese, CPA (Supple, Joe)
March 8, 2024 Filing 23 NOTICE of Appearance by Marc R. Weintraub on behalf of All Defendants (Weintraub, Marc)
March 7, 2024 Filing 22 WAIVER OF SERVICE Returned Executed by United Bank. Allegheny Wood Timber Products, LLC waiver sent on 3/6/2024, answer due 5/6/2024. (Hayes, Seth)
March 7, 2024 Filing 21 WAIVER OF SERVICE Returned Executed by United Bank. Allegheny Wood Products International, Inc. waiver sent on 3/6/2024, answer due 5/6/2024. (Hayes, Seth)
March 7, 2024 Filing 20 WAIVER OF SERVICE Returned Executed by United Bank. Allegheny Wood Products, Inc. waiver sent on 3/7/2024, answer due 5/6/2024. (Hayes, Seth)
March 6, 2024 Filing 19 NOTICE of Appearance by W. Bradley Sorrells on behalf of Summit Community Bank, Inc. (Sorrells, W.)
March 6, 2024 Opinion or Order Filing 18 ORDER APPOINTING A RECEIVER granting #4 Motion to Appoint Receiver. Signed by Chief District Judge Thomas S Kleeh on 3/6/2024. (A copy of this order is being mailed to the appointed Receiver) (mas)
March 6, 2024 Filing 17 Clerk's Exhibit List from 3/6/2024 Hearing. (Attachments: #1 Exhibit A - Forbearance Agreement)(cnd) (Attachment 1 replaced on 3/12/2024 to include exhibit sticker) (cnd).
March 6, 2024 Filing 16 NOTICE of Appearance by Mitchell B. Tuggle on behalf of Aurora Sustainable Lands LLC (Tuggle, Mitchell)
March 6, 2024 Filing 15 NOTICE of Appearance by Andrew B. Cooke on behalf of Aurora Sustainable Lands LLC (Cooke, Andrew)
March 6, 2024 Filing 14 MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before Chief District Judge Thomas S Kleeh: Motion Hearing held on 3/6/2024 re #4 First MOTION to Appoint Receiver filed by United Bank. (Court Reporter Rachel Kocher) (cnd)
March 6, 2024 Filing 13 REQUEST FOR WAIVER of Service sent to Marc R. Weintraub for Allegheny Wood Timber Products, LLC on 03/06/24 by United Bank. Waiver of Service due by 5/6/2024. (Hayes, Seth)
March 6, 2024 Filing 12 REQUEST FOR WAIVER of Service sent to Marc R. Weintraub for Allegheny Wood Products, Inc. on 03/06/24 by United Bank. Waiver of Service due by 5/6/2024. (Hayes, Seth)
March 6, 2024 Filing 11 REQUEST FOR WAIVER of Service sent to Marc R. Weintraub for Allegheny Wood Products International, Inc. on 03/06/24 by United Bank. Waiver of Service due by 5/6/2024. (Hayes, Seth)
March 6, 2024 Filing 10 CERTIFICATE OF SERVICE by United Bank for service of Verified Complaint, Emergency Motion for Appointment of a Receiver, Memorandum of Law in Support of Emergency Motion for Appointment of a Receiver, Proposed Order Appointing Receiver, and Corrected Schedule 1 to the Verified Complaint. (Hayes, Seth)
March 6, 2024 Opinion or Order Filing 9 ORDER granting #7 Motion of Michael M. Beal for Leave to Appear Pro Hac Vice on behalf of United Bank. Signed by Chief District Judge Thomas S Kleeh on 3/6/2024. (mas)
March 6, 2024 Filing 8 Filing fee: Pro Hac Vice fee received for Michael M. Beal, in the amount of $200.00. Receipt number 100003845. (mas)
March 6, 2024 Filing 7 First MOTION for Leave to Appear Pro Hac Vice of Michael M. Beal by United Bank. (Attachments: #1 Attachment Verified Application, #2 Attachment WV State Bar Registration, #3 Attachment Certificate of Good Standing, #4 Attachment Certificate of Service, #5 Proposed Order Proposed Order - Pro Hac Vice)(Hayes, Seth)
March 5, 2024 Filing 6 Corrected Schedule 1 Other Document re #1 Complaint,,, filed by United Bank. (Hayes, Seth)
March 5, 2024 Filing 5 Memorandum in Support re #4 First MOTION to Appoint Receiver Certificate of Service filed by United Bank. (Attachments: #1 Proposed Order Proposed Order, #2 Attachment Declaration)(Hayes, Seth)
March 5, 2024 Filing 4 First MOTION to Appoint Receiver Certificate of Service by United Bank. (Hayes, Seth)
March 5, 2024 Opinion or Order Filing 3 ORDER SCHEDULING HEARING on #1 Verified Complaint for Breach of Contract and Emergency Appointment of a Receiver. Hearing set for 3/6/2024 03:30 PM before Chief District Judge Thomas S Kleeh by Video Conferencing/Telephone. Signed by Chief District Judge Thomas S Kleeh on 3/5/2024. (Copy of order is being emailed to counsel of record). (mas)
March 5, 2024 Filing 1 VERIFIED COMPLAINT FOR BREACH OF CONTRACT AND EMERGENCY APPOINTMENT OF A RECEIVER against Allegheny Wood Products International, Inc., Allegheny Wood Products, Inc., Allegheny Wood Timber Products, LLC, filed by United Bank. (Attachments: #1 Attachment Appendix To The Verified Complaint, #2 Exhibit A-Term Note and Credit Line Note, #3 Exhibit B-Guaranty, #4 Exhibit C-July 31, 2023 Amendment, #5 Exhibit D-September 30, 2023 Amendment, #6 Exhibit E-E1-E14-Deeds of Trust, #7 Exhibit E-E15-E24-Deeds of Trust, #8 Exhibit E-E25-E32-Deeds of Trust, #9 Exhibit F-F1-F7 Security Agreements, #10 Exhibit G-Pledge Agreement, #11 Exhibit H-Forbearance Agreement, #12 Exhibit I-I1-I13-UCC1 Financing Statements, #13 Exhibit J-Curriculum Vitae of Chris D. Deweese, CPA, CGMA). Filing Fee $405. Receipt #AWVNDC-3895396. (mas) (Additional attachment(s) added on 3/5/2024: #14 Civil Cover Sheet) (mas).

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Search for this case: United Bank v. Allegheny Wood Products, Inc. et al
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Plaintiff: United Bank
Represented By: Ellen S. Cappellanti
Represented By: Seth P Hayes
Represented By: Michael M. Beal
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Defendant: Allegheny Wood Products, Inc.
Represented By: Marc R. Weintraub
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Defendant: Allegheny Wood Products International, Inc.
Represented By: Marc R. Weintraub
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Defendant: Allegheny Wood Timber Products, LLC
Represented By: Marc R. Weintraub
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Defendant: AHF Products, LLC
Represented By: Christopher K. Coleman
Represented By: W. Austin Jowers
Represented By: William M. Herlihy
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Defendant: John W Crites, II
Represented By: Jonathan D. Boggs
Represented By: Jonathan S. Deem
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Other: Truist Equipment Finanace
Represented By: Jeffrey G. Wilhelm
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Receiver: Christopher DeWeese, CPA
Represented By: Joe Mark Supple
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Interested party: Aurora Sustainable Lands LLC
Represented By: Andrew B. Cooke
Represented By: Mitchell B. Tuggle
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Interested party: Summit Community Bank, Inc.
Represented By: W. Bradley Sorrells
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Interested party: West Virginia Personnel, Inc.
Represented By: Jakeb Shuck
Represented By: John F. Hussell, IV
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Interested party: Appalachian Power Company
Represented By: Jeffrey A. Kimble
Represented By: Stephen F. Gandee
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