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2015-05-12_GENERAL DOCUMENTS - P2008003
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2015-05-12_GENERAL DOCUMENTS - P2008003
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Last modified
8/24/2016 6:00:12 PM
Creation date
5/13/2015 3:16:18 PM
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Template:
DRMS Permit Index
Permit No
P2008003
IBM Index Class Name
GENERAL DOCUMENTS
Doc Date
5/12/2015
Doc Name
Default Judgement
From
US Bankruptcy Court Southern District of Florida Miami Division
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DRMS
Email Name
MAC
Media Type
D
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Case 10 -03623 -AJC Doc 184 Filed 05/05/15 Page 8 of 15 <br />the unique character of such mines, location, relative comparable values thereof, and complex <br />issues involving mining rights. Disparate values of one portion of a particular mine to another <br />portion of a particular mine makes partition unworkable and impracticable. <br />19. On October 5, 2011, this Court entered an Order approving the sale of the Bueno <br />and Black Rose Mining Properties (D.E. 284 in the Main Case). <br />20. As a result, on December 16, 2011, the Trustee dropped most of the defendants in <br />this 363 Adversary Proceeding (D.E. #124), and moved for (D.E. 123) and was granted leave to <br />(D.E. 126) and did file the Second Amended Complaint (D.E. 125). <br />21. The United States was separately dismissed on December 22, 2011 per stipulation <br />and Order (D.E. 128 & 130). <br />Worldwide <br />22. On November 4, 2010, Defendant Worldwide Rental Services, Inc. A/K/A <br />Worldwide Machinery, Inc. ("Worldwide"), a Colorado corporation, who was served with a <br />summons via mail on October 5, 2010, and which asserted a lien, claim, encumbrance, or other <br />interest on the Bueno and Black Rose Mining Properties, entered an appearance through counsel <br />(D.E. 15), and on November 24, 2010 filed its answer and affirmative defenses to the original <br />complaint (D.E. 39), and on January 13, 2012 filed its answer and affirmative defenses to the <br />Second Amended Complaint (D.E. 139). <br />23. On March 30, 2012, the Trustee and Worldwide moved to settle their dispute <br />(D.E. 290 in the Main Case) which settlement was approved by this Court on April 25, 2012 <br />(D.E. 293 in the Main Case), and resulted in Wordwide being paid $88,817 on its secured claim <br />from the sale the Bueno and Black Rose Mining Properties (The Boulder County Mines), <br />approved by this Court on January 19, 2012 (D.E. 287 in the Main Case). As a result, Worldwide <br />8 <br />
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