Danvers-Kidman et al v. Phinney et al

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UNITED STATES BANKRUPTCY COURT
DISTRICT OF MAINE

In re:

Clark Phinney

Debtor

Chapter 7
Case No. 24-10248

Bre Danvers
-Kidman
and
Andie Danvers-Kidman
Plaintiffs

v.

Clark Phinney
and
Kimberly Phinney
Defendants

Adversary Proceeding
No. 24-01006

ORDER DIRECTING DEFENDANT KIMBERLY PHINNEY
TO COMPLY WITH LOCAL RULE 9013-1(b)
On August 10, 2026, the Court received by mail and docketed a motion from Defendant
Kimberly Phinney [Dkt. No. 96]. The motion is titled: “Pro Se Defendant’s Emergency Motion for
a Protective Order and for Sanctions Against Opposing Counsel for Unprofessional Harassment.”
In the motion, Ms. Phinney contends that she “urgently” needs relief.
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But the facts and
circumstances alleged in and related to the motion do not show any apparent need for urgent
action by the Court. In the motion, Ms. Phinney focuses on events that she says occurred in late

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She says: “A protective order under Rule 7026 / FRCP 26(c) is urgently required to establish clear,
professional boundaries for communication, ensuring that I can participate in these bankruptcy
proceedings without being subjected to targeted medical intimidation.”
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May and early June 2026—about two months before the motion was filed—but does not allege
any recurrence since. And the motion is dated about a month before it was mailed to the Court.
Moreover, Ms. Phinney’s decision to send her motion to the Court via stamped mail suggests no
pressing need for the requested relief.
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Thus, to the extent that Ms. Phinney is asking for the
Court to act on an accelerated basis, that request is denied.
If Ms. Phinney wants the Court to consider her motion any further, she must follow Local
Rule 9013-1(b).
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Under that rule, among other tasks, Ms. Phinney must schedule a hearing on
her motion and notify all interested parties about that hearing.
If Ms. Phinney does not schedule a hearing promptly, the Court might decide that she has
abandoned the motion. The Court might then deny the motion accordingly. The Court will
wait at least 14 days after the date of this Order before taking such action.
Dated: August 14, 2026

Michael A. Fagone
United States Bankruptcy Judge
District of Maine

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Ms. Phinney also did not comply with the Court’s local rules for seeking an emergency or expedited
determination of a motion.
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The Court’s Local Rules are on the Court’s website (https://www.meb.uscourts.gov/local-rules).
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