Legal Opinion

Walnut Creek Mining Co. v. Cascade Investment, LLC

District Court, D. Delaware

Decided March 13, 2015No. Bankr. Case No. 14-10262-BLS; Civ. No. 14-738-LPSPublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM

LEONARD P. STARK, DISTRICT JUDGE

Pending before the Court is Appellant Walnut Creek Mining Company’s appeal from the May 13, 2014 Opinion and Order (“Order”) (D.I.1-2, 1-3) of the United States Bankruptcy Court for the District of Delaware dismissing its Motion for Derivative Standing (“Standing Motion”). For the reasons discussed, the Court will affirm the Bankruptcy Court’s Order.

I. BACKGROUND1

Cascade Investment, LLC (through its wholly-owned subsidiary ECJV) (collectively “Cascade” or “Appellee”) and PNM Resources, Inc. (“PNMR”) formed Debtor Optim Energy, LLC, in January 2007 for…

2Cases cited20 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Phillips v. County of AlleghenyCourt of Appeals for the Third Circuit · 2008
  3. Fowler v. UPMC SHADYSIDECourt of Appeals for the Third Circuit · 2009
  4. Mayer v. BelichickCourt of Appeals for the Third Circuit · 2010
  5. Pepper v. LittonSupreme Court of the United States · 1939

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3Cited by5 opinions

  1. Official Comm. Unsecured Creditors of HH Liquidation, LLC v. Comvest Grp. Holdings, LLC (In re HH Liquidation, LLC)United States Bankruptcy Court, D. Delaware · 2018
  2. In re RosenblumUnited States Bankruptcy Court, E.D. Pennsylvania · 2016
  3. DeCurtis Holdings LLCUnited States Bankruptcy Court, D. Delaware · 2023
  4. In re: John Varvatos Enterprises, Inc.District Court, D. Delaware · 2021
  5. Our Alchemy, LLC - Adversary ProceedingUnited States Bankruptcy Court, D. Delaware · 2019

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