Divinia Water, Inc. v. Breen et al
Adversary Proceeding
Lead BK case is: 4:21-bk-40059
Lead BK case is: 4:21-bk-40059
| Idaho Bankruptcy Court | |
| Chapter 11 | |
| Judge: | Joseph M Meier |
| Case #: | 4:21-ap-08013 |
| Nature of Suit | 72 Bankruptcy - Injunctive relief - other 91 Bankruptcy - Declaratory judgment |
| Case Filed: | Apr 08, 2021 |
| Terminated: | Sep 19, 2022 |
| Last checked: never |
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Defendant
Michael Breen, NV
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Represented By
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Defendant
Ronald Mezzetta, CA
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Represented By
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Plaintiff
Divinia Water, Inc.
149 Chesnut St.
Idaho Falls, ID 83402 |
Represented By
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| Docket last updated: 12 hours ago |
| Monday, September 19, 2022 | ||
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court|utility
Close Adversary Case|Disposition of Adversary
Mon 09/19 9:45 AM
Disposition of Adversary 4:21-ap-8013 , Adversary Case 4:21-ap-8013 Closed (kll) |
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| Thursday, August 11, 2022 | ||
| 39 | 39
court
Court's Certificate of Service
Thu 08/11 9:17 AM
Court's Certificate of Service re38 Order Dismissing Case - AP A notice of entry of the related document has been served on Registered Participants as reflected by the Notice of Electronic Filing. A Notice of Entry has also been served by First Class Mail Addressed to: Michael Breen PO Box 269 Sonoma, CA 95476; Ronald Mezzetta 1201 East MacArthur Street Sonoma, CA 95476 (cm) |
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| 38 | 38
order
Dismissing Case - AP
Thu 08/11 9:10 AM
Order Dismissing Case - AP Signed on 8/11/2022. (cm) |
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| Tuesday, July 19, 2022 | ||
| 37 | 37
trustee
Status Report
Tue 07/19 4:10 PM
Status Report and Consent to Dismissal Filed by Plaintiff Divinia Water, Inc.. (Rothschild, Brian) |
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| Wednesday, July 13, 2022 | ||
| 36 | 36
utility
Status Request
Wed 07/13 12:11 PM
Request to the Plaintiff to provide an update on case status. Status request due date 7/22/2022. (kll) |
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| Monday, November 29, 2021 | ||
| 35 | 35
misc
Minute Entry Hearing Continued
Wed 12/01 6:05 PM
Hearing Continued/Rescheduled Appearances: Brian Rothschild Attorney for Plaintiff Report of Proceedings: The Court will CONTINUE the status conference to February 15, 2022 at 10:00 am. . Please note the Courts new call in number: Judge Meiers Conference Number: 1-669-254-5252 Access Code: 160 093 0120 Audio File Location: Telephone Status hearing to be held on 2/15/2022 at 10:00 AM at Telephonic Hearing. (dj) |
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| Friday, October 15, 2021 | ||
| 34 | 34
court
BNC Certificate of Mailing - Notice of Hearing
Fri 10/15 10:27 PM
BNC Certificate of Mailing - Notice of Hearing Notice Date 10/15/2021. (Admin.) |
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| Wednesday, October 13, 2021 | ||
| 33 | 33
court
Court's Certificate of Service
Wed 10/13 8:17 AM
Court's Certificate of Service re32 Notice of Hearing A notice of entry of the related document has been served on Registered Participants as reflected by the Notice of Electronic Filing. A Notice of Entry has also been served by First Class Mail Addressed to: Michael Breen and Ronald Mezzetta at the address on record. (kll) |
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| 32 | 32
notice
Notice of Hearing
Wed 10/13 8:14 AM
Amended Notice of Hearing Signed on 10/13/2021 . Status hearing to be held on 11/29/2021 at 10:00 AM at Telephonic Hearing. (kll) |
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| Tuesday, October 12, 2021 | ||
| 31 | 31
misc
Minute Entry Hearing Continued
Tue 10/12 3:37 PM
Hearing Continued/Rescheduled Appearances: Brian Rothschild Attorney for Plaintiff Report of Proceedings: After discussion with Mr. Rothchild the Court will CONTINUE the Status Hearing to be heard on November 29, 2021 at 10:00 am as a telephonic. This will allow Defendant to obtain notice or obtain counsel, Court Clerk is to send out a Notice of Status Hearing to pro se Defendants. Audio File Location: Telephone Status hearing to be held on 11/29/2021 at 10:00 AM at Telephonic Hearing. (dj) |
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| Wednesday, September 29, 2021 | ||
| 30 | 30
court
BNC Certificate of Mailing - Notice of Hearing
Wed 09/29 10:22 PM
BNC Certificate of Mailing - Notice of Hearing Notice Date 09/29/2021. (Admin.) |
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| Monday, September 27, 2021 | ||
| 29 | 29
notice
Notice of Hearing
Mon 09/27 2:50 PM
Notice of Status Hearing Signed on 9/27/2021 . Status hearing to be held on 10/12/2021 at 10:00 AM at Telephonic Hearing. (kll) |
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| Thursday, September 02, 2021 | ||
| 28 | 28
misc
Returned Mail
Thu 09/02 3:41 PM
Returned mail received for Michael Breen & Ronald Mezzetta (kll) |
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| Friday, August 27, 2021 | ||
| 27 | 27
court
BNC Certificate of Mailing - Order on Motion to Withdraw as Attorney
Fri 08/27 10:24 PM
BNC Certificate of Mailing - Order on Motion to Withdraw as Attorney Notice Date 08/27/2021. (Admin.) |
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| 26 | 26
misc
Certificate of Service
Fri 08/27 1:35 PM
Certificate of Service Filed by Defendants Michael Breen, Ronald Mezzetta . (Christensen, Matthew) |
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| Wednesday, August 25, 2021 | ||
| 25 | 25
order
Withdraw As Attorney
Wed 08/25 10:22 AM
Order Granting Motion To Withdraw As Attorney Signed on 8/25/2021. (kll) |
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| Monday, August 23, 2021 | ||
| 24 | 24
misc
Statement of No Objection
Mon 08/23 6:22 PM
Statement of No Objection - In accordance with LBR 2002.2(d)(3) the moving party hereby certifies that no objection has been filed or received to the motion/application filed as Doc. Number23 . Filed by Defendants Michael Breen, Ronald Mezzetta . (Spiker, Louis) |
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| Wednesday, August 04, 2021 | ||
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utility
Notification by the Clerk's Office
Wed 08/04 3:35 PM
Notification by the Clerks Office: Clerk added an Objection deadline of August 20, 2021, based on the notice given [21 days + 3 for mailing]. No further action is required. (kll) |
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| Tuesday, July 27, 2021 | ||
| 23 | 23
motion
Withdraw As Attorney
Tue 07/27 12:22 PM
Motion to Withdraw as Attorney for Michael Breen and Ronald Mezzetta Filed by Defendants Michael Breen, Ronald Mezzetta (Spiker, Louis) |
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Att: 1
Declaration of Louis V. Spiker in Support of Motion to Withdraw
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| Thursday, May 27, 2021 | ||
| 22 | 22
court
BNC Certificate of Mailing - Notice of Hearing
Thu 05/27 10:36 PM
BNC Certificate of Mailing - Notice of Hearing Notice Date 05/27/2021. (Admin.) |
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| Tuesday, May 25, 2021 | ||
| 21 | 21
notice
Notice of Hearing
Tue 05/25 12:46 PM
Notice of Hearing Signed on 5/25/2021 . Pre Trial Conference hearing to be held on 6/28/2021 at 09:30 AM Telephonic Hearing for1 , (kll) |
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| 20 | 20
order
Preliminary Injunction
Tue 05/25 12:42 PM
Order Granting Motion For Preliminary Injunction Signed on 5/25/2021. (kll) |
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| Wednesday, May 19, 2021 | ||
| 18 | 18
audio
Thu 05/20 6:05 AM
PDF with attached Audio File. Court Date & Time [ 5/18/2021 1:45:47 PM ]. File Size [ 81228 KB ]. Run Time [ 02:49:14 ]. (admin) |
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| Tuesday, May 18, 2021 | ||
| 19 | 19
court
Minute Entry Hearing Held (Other)
Thu 05/20 7:50 AM
Hearing Held Appearances: Brian Rothschild Attorney for Defendant; Gary Rainsdon Trustee; Mathew Christensen Attorney for Plaintiff Report of Proceedings: Opening statement by Mr. Rothschild. Parties Stipulated to admitting Exhibits for Defendant A-D, F and G, Exhibits admitted. EVIDENCE AND TESTIMONY: Steven Sedlmayr sworn and examined by Mr. Rothschild exhibit J offered and admitted, counsel request the Court to take judicial notice of the Motion for Summary Judgment Dkt#19 that was filed in Adv. Case# 21-8006 Cross Examination by Mr. Christensen, Cross Examination by Mr. Rainsdon. Re Direct by Mr. Rothschil, Re Cross Examination by Mr. Christensen. Remy Sedlmayr sworn and examined by Mr. Rothschild. Parties rest: Evidentiary record deemed closed. Closing arguments made by Mr. Rothschild and Mr. Christensen with questions by the Court. After an evidentiary hearing and arguments made the Court issues its findings of fact and conclusions of law, reserving the right to amend, supplement or issue written findings at a later date as to the Motion for Preliminary Injunction. The Court finds and concludes that the Motion will be GRANTED effective immediately. Mr. Rothschild is to submit an appropriate order with approval by Mr. Christensen and Mr. Rainsdon. Audio File Location: POC-CTRMB (dj) |
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utility
Corrective Entry
Tue 05/18 12:32 PM
Corrective Action: Counsel to please contact the Court Calendar for numbers to file the appropriate exhibits in the future. (kll) |
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| Monday, May 17, 2021 | ||
| 17 | 17
misc
Judicial Notice (Request)
Mon 05/17 7:14 PM
Request for Judicial Notice of Docketed Items, (1) Chapter 11 Plan of Reorganization and (2) Motion for Partial Summary Judgment under 11 U.S.C. § 510(b) Filed by Plaintiff Divinia Water, Inc. . (Rothschild, Brian) |
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| Friday, May 14, 2021 | ||
| 16 | 16
answer
Reply
Fri 05/14 5:46 PM
Reply to Filed by Plaintiff Divinia Water, Inc. (Rothschild, Brian) |
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| Tuesday, May 11, 2021 | ||
| 15 | 15
misc
Witness List
Tue 05/11 11:41 PM
Witness List Filed by Defendants Michael Breen, Ronald Mezzetta. (Spiker, Louis) |
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| 14 | 14
misc
Exhibit List
Tue 05/11 11:40 PM
Exhibit List Filed by Defendants Michael Breen, Ronald Mezzetta. (Spiker, Louis) |
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| 13 | 13
misc
Opposition Brief/Memorandum
Tue 05/11 11:39 PM
Brief/Memorandum in Opposition to Motion for Preliminary Injunction Filed by Defendants Michael Breen, Ronald Mezzetta . (Spiker, Louis) |
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| 12 | 12
misc
Exhibit List
Tue 05/11 4:35 PM
Exhibit List for Hearing Scheduled for May 18, 2021, at 1:30 p.m. Filed by Plaintiff Divinia Water, Inc.. (Rothschild, Brian) |
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| 11 | 11
misc
Witness List
Tue 05/11 4:34 PM
Witness List for Hearing Scheduled for May 18, 2021, at 1:30 p.m. on Motion for Temporary Injunctive Relief Filed by Plaintiff Divinia Water, Inc.. (Rothschild, Brian) |
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| Monday, May 10, 2021 | ||
| 10 | 10
answer
Answer to Complaint
Mon 05/10 6:51 PM
Answer to Complaint Filed by Defendants Michael Breen, Ronald Mezzetta (Spiker, Louis) |
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| Wednesday, April 28, 2021 | ||
| 9 | 9
notice
Notice of Hearing
Wed 04/28 6:37 PM
Notice of Hearing Filed by Plaintiff Divinia Water, Inc. . Motion for Preliminary Injunction hearing to be held on 5/18/2021 at 01:30 PM Pocatello for3 , (Rothschild, Brian) |
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| Friday, April 16, 2021 | ||
| 8 | 8
cmp
Summons Service Executed
Fri 04/16 2:18 PM
Summons Service Executed on Michael Breen 4/15/2021 (Rothschild, Brian) |
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| 7 | 7
cmp
Summons Service Executed
Fri 04/16 2:16 PM
Summons Service Executed on Ronald Mezzetta 4/16/2021 (Rothschild, Brian) |
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| Friday, April 09, 2021 | ||
| 6 | 6
court
Summons Issued
Fri 04/09 11:24 AM
Summons Issued on Michael Breen Date Issued 4/9/2021, Answer Due 5/10/2021; Ronald Mezzetta Date Issued 4/9/2021, Answer Due 5/10/2021 (ck) |
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| Thursday, April 08, 2021 | ||
| 5 | 5
notice
Notice of Appearance
Thu 04/08 7:27 PM
Notice of Appearance by Louis V. Spiker Filed by Defendants Michael Breen, Ronald Mezzetta. (Spiker, Louis) |
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| 4 | 4
notice
Notice of Appearance
Thu 04/08 7:22 PM
Notice of Appearance by Matthew Todd Christensen Filed by Defendants Michael Breen, Ronald Mezzetta. (Christensen, Matthew) |
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| 3 | 3
motion
Preliminary Injunction
Thu 04/08 3:39 PM
Motion for Preliminary Injunction for Interim Declaratory Relief and Temporary Injunctive Relief Under 28 U.S.C. § 2201(a), 11 U.S.C. §§ 105(a) and 362(a), and Fed. R. Bankr. P. 7065 Filed by Plaintiff Divinia Water, Inc. (Rothschild, Brian) |
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| 2 | 2
crditcrd
Auto-Docket of Credit Card
Thu 04/08 3:21 PM
Receipt of Complaint([LINK 21-08013 JMM] ) [cmp,cmp] ( 350.00) Filing Fee. Receipt number A7694877. Fee amount 350.00. (U.S. Treasury) |
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| 1 | 1
cmp
Complaint
Thu 04/08 3:13 PM
Adversary case 21-08013 72 (Injunctive relief - other): Complaint by Divinia Water, Inc. against Michael Breen, Ronald Mezzetta. Fee Amount $350 (Rothschild, Brian) |
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