Phaedra Spradlin v. Pikeville Energy Group, LLC

572 F. App'x 420
Court of Appeals for the Sixth Circuit·Decided July 15, 2014·No. 13-5629, 13-5630, 13-5728·Unpublished·Cited by 7 cases

Opinion

*422 OPINION

KAREN NELSON MOORE, Circuit Judge.

This consolidated appeal began with a lengthy adversary proceeding in bankruptcy court, followed by three appeals to the District Court for the Eastern District of Kentucky and three separate district court decisions, two of which have been appealed to this court.

In the adversary proceeding in the bankruptcy court, THC Kentucky Coal Venture I, LLC (“THC”) and others brought claims against Pikeville Energy Group, LLC (“PEG”) and others, and PEG and others brought cross-claims against THC and others. The bankruptcy court dismissed THC’s complaint for want of subject-matter jurisdiction and dismissed PEG’s cross-claims for failure to state a claim. THC appealed and PEG cross-appealed. PEG missed a deadline in the cross-appeal to submit a designation of items to be included in the record and a statement of issues to be considered on appeal. When the bankruptcy court denied PEG’s motion to extend time, PEG also appealed that ruling to the district court. In the district court, THC moved to dismiss PEG’s cross-appeal for want of prosecution. The district court reversed the bankruptcy court’s denial of PEG’s motion to extend time, denied THC’s motion to dismiss, and concluded that the bankruptcy court lacked subject-matter jurisdiction over PEG’s cross-claims and so erred by ruling on the merits of the cross-claims. Although all parties agree that the jurisdictional ruling was correct, THC appealed the district court’s decision on PEG’s motion to extend time and THC’s own motion to dismiss. We conclude that because the bankruptcy court lacks jurisdiction over the cross-claims, the disputes over the rulings made in the course of PEG appealing the dismissal of the cross-claims for failure to state a claim are moot.

Additionally, the bankruptcy court awarded sanctions to THC against PEG, Banner Industries of N.E., Inc. (“Banner”), and Gary Richard (“Richard”) for bad faith and unpreparedness during a mediation ordered by the bankruptcy court. The district court affirmed the award, and we affirm the district court.

I. BACKGROUND

“[T]his case has a ‘tortured history’ that winds through a ‘scrambled maze of facts and allegations.’ ” Spradlin v. Pikeville Energy Grp., LLC (“Spradlin I”), No. 12-111-ART, 2012 WL 6706188, at *1 (E.D.Ky. Dec. 26, 2012). Because the district court has thoroughly and accurately summarized the history of this litigation, see id. at *1-4, we review only those events relevant to the disposition of the issues in these appeals.

Alma Energy, LLC (“Alma Energy”) filed for Chapter 11 bankruptcy in 2007; the bankruptcy was later converted to a Chapter 7 proceeding. B.R. 1 (Chapter 11 Petition); 1 B.R. 702 (5/20/2009 Record Entry). Phaedra Spradlin was appointed as the Interim Trustee in the proceeding. B.R. 708 (5/20/2009 Record Entry). Alma Energy commenced an adversary proceeding in the bankruptcy court by filing a complaint against various entities and individuals including THC and PEG. B.R. 664 (Compl.). PEG answered the complaint and filed cross-claims against THC and other entities and individuals. A.P. 23 *423 (PEG Answer and Cross-cl.). 2 Trustee Spradlin entered into a settlement agreement with various individuals and entities, including THC. B.R. 780 (Mot. to Approve Settlement); B.R. 842 (Settlement Order). The Settlement Agreement provided that “THC shall inherit in full all of the claims and causes of action belonging to the Debt- or and/or Estate arising before and after the date of this Agreement” against various individuals and entities including PEG and Richard and that “any and all proceeds with respect to the litigation and/or liquidation of such claims and causes of action shall belong to THC and only THC.” B.R. 780-2 (2009 Settlement Agreement at ¶ 8).

Spradlin and THC then filed a first amended complaint asserting state-law claims against PEG and other entities and individuals. A.P. 73 (First Am. Compl.). PEG filed first amended cross-claims against THC and other entities and individuals. A.P. 120 (First Am. Cross-cl.). The bankruptcy court granted THC’s and others’ motions to dismiss PEG’s first amended cross-claims pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. A.P. 208 (Order Granting Mot. to Dismiss First Am. Cross-cl.); A.P. 209 (Order). Spradlin and THC then filed a second amended complaint, adding Banner as a defendant. A.P. 416 (Second Am. Compl.). PEG, Banner, Richard, and others moved to dismiss Spradlin and THC’s second amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of subject-matter jurisdiction, arguing that the claims were all non-core, unrelated matters over which the bankruptcy court lacks subject-matter jurisdiction. A.P. 491-1 (Mem. of Law in Support of Mot. to Dismiss).

Without ruling on PEG’s motion to dismiss for lack of subject-matter jurisdiction, the bankruptcy court ordered the parties to mediate their claims. A.P. 527 (Order to Mediate). The mediation did not succeed, and the mediator returned the case to the bankruptcy court. A.P. 549 (Mediator’s Report). In his report, the mediator concluded that PEG, Richard, and Banner “have not and will not engage in any meaningful negotiation process in this matter,” “have demonstrated bad faith and disrespect for the mediation process,” and “are deserving of sanctions by the Court.” Id. at 3-4. PEG, Richard, Banner, and others filed exceptions to the Mediator’s Report. A.P. 553 (Exceptions to Mediator’s Report). Spradlin and THC moved for sanctions against PEG, Richard, and Banner for unpreparedness and bad faith in the mediation process. A.P. 555 (Mot. for Sanctions).

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Phaedra Spradlin v. Pikeville Energy Group, LLC, 572 F. App'x 420 (6th Cir. 2014).

572 F. App'x 420 (Phaedra Spradlin v. Pikeville Energy Group, LLC) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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