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Replies to post #76635 on Bollinger Innovations Inc (BINI)
01/11/26 1:22 PM
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Civil Case History
Case No. CI2025-01446
(CD) Dana Limited vs Bollinger Motors, Inc.
Location:
Civil
Judicial Officer:
McNamara, Joseph V.
Filed on:
04/22/2025
Plaintiff
Dana (Shandong) Electric Motor Co., Ltd.
Building 2, No. 818, No. 8, No. 888
Gaoer Road
Integrated Free Trade Zone Weifang
Shandong, 261000 China
SURINCK, FRANCESKA NOEL
Retained
COOPER, DAVID RODMAN
Retained
Dana Limited
3939 Technology Drive
Maumee, OH 43537
SURINCK, FRANCESKA NOEL
Retained
COOPER, DAVID RODMAN
Retained
Defendant
Bollinger Motors, Inc.
14925 W. Eleven Mile Road
Oak Park, MI 48238
ASHER, KYLE (Inactive)
Retained
ASHER, KYLE (Inactive)
Retained
APELIS, MARKUS E
Retained
Apelis, Markus E
Retained
Speer, Tyler R
Retained
Speer, Tyler R
Retained
DOCKET ENTRIES:
09/21/2026
Trial (9:00 AM) (Judicial Officer: McNamara, Joseph V.)
08/21/2026
Final/Settlement Pretrial (2:30 PM) (Judicial Officer: McNamara, Joseph V.)
01/14/2026
Status Conference (11:00 AM) (Judicial Officer: McNamara, Joseph V.)
01/08/2026
Order - Opinion Issued See JE (Judicial Officer: McNamara, Joseph V.)
Opinion and Judgment Entry signed/granted. See order. JUDGE JOSEPH V. MCNAMARA
Date signed: 01/08/2026
01/07/2026
A document is available. Click here to view the document.
Motion Filed
Plaintiffs' Emergency Motion to Clarify Order Granting Plaintiffs' Emergency Motion for Appointment of Receiver
12/22/2025
A document is available. Click here to view the document.
Email/Mail Notify Filed
12/22/2025
A document is available. Click here to view the document.
Order Filed and Journalized
See attached image
File Stamp: 12/22/2025
Party:
Plaintiff Dana (Shandong) Electric Motor Co., Ltd.
See attached image
Index # 8
12/19/2025
Order (Judicial Officer: McNamara, Joseph V.)
This matter having come before the Court upon the Emergency Motion of Plaintiffs, Dana Limited and Dana (Shandong) Electric Motor Co., Ltd. (collectively "Dana"), for Appointment of Receiver ("Emergency Motion") pursuant to R.C. 2735.01(A)(6) and (C) for the management of all affairs of Defendant corporation, Bollinger Motors, Inc. ("Bollinger"). On May 22, 2025, Dana filed a Complaint against Bollinger, asserting claims for breach of contract and unjust enrichment. Therein, Dana alleges it supplied major components for Bollinger's production of electric trucks, including E-axle assemblies, through a series of purchase orders.1 Despite Dana's alleged full performance of its contractual obligations in manufacturing and supplying axles to Bollinger, Dana alleges Bollinger has refused to pay Dana for the products it has received and ordered from Dana.
On December 12, 2025, Dana filed its Emergency Motion. Bollinger opposed the Emergency Motion on December 15, 2025. The Court held a hearing on the Emergency Motion on December 16, 2025. Court Reporter Lynette Shindorf was present. David Rodman Cooper and John Young appeared on behalf of Dana. Markus Apelis appeared on behalf of Bollinger. Dana presented the testimony of James Szekely and entered evidence into the record. The Court requested Dana submit a proposed Judgment Entry granting its Emergency Motion and took the matter under advisement. This Court, having considered the pleadings and evidence presented in connection with this matter, together with the arguments of counsel presented at the December 16, 2025, hearing on the Emergency Motion, hereby finds as follows: 1. Bollinger is a Delaware corporation based in Michigan with substantially all of its assets based in Michigan. This Court has subject matter jurisdiction over this action and in personam jurisdiction to appoint a receiver over Bollinger and its assets. Dana has demonstrated by clear and convincing evidence that Bollinger is insolvent or is in imminent danger of insolvency. See R.C. 1336.02(A) ("A debtor who generally is not paying his debts as they become due is presumed to be insolvent."). Dana has met the requirements of R.C. 2735.01(A)(6) and the appointment of a Receiver is an appropriate remedy. IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED that:
1) Dana's Emergency Motion is hereby granted. 2) Eugene Kohut shall be and hereby is appointed as the receiver (the "Receiver") to take charge of and manage the affairs of Bollinger and any and all of business assets of Bollinger (hereinafter, the "Receivership Assets"). 3) The Receiver shall have the full power and authority of a receiver under R.C. 2735.04 and other applicable law. 4) The Receiver is appointed for the purpose of managing, protecting, preserving, and operating the Receivership Assets for the benefit and protection of Dana, Bollinger, and Bollinger's other creditors and stakeholders, and the Receiver is hereby granted and vested the powers identified in this Order or subsequent Orders of this Court, including all powers reasonably incidental thereto. 5) The Receiver shall file with this Court the oath required by R.C. 2735.03 to the effect that the Receiver will faithfully perform his duties and obey the orders of this Court. 6) Until further order of the Court, the Receiver shall file a bond with the clerk of this Court in the amount of One Thousand Dollars and no/cents ($1,000.00) to the effect that the Receiver will faithfully discharge his duties and obey the orders of this Court. 7) Until further order of the Court, the Receiver's necessary and reasonable fees and expenses shall be paid by Dana. 8) Subject to the oversight of the Receiver, Bollinger shall take all necessary actions to safeguard the Receivership Assets and to prevent any further devaluation, loss, transfer, or conversion of the Receivership Assets. 9) Without consent of the Receiver or further Order of the Court, Bollinger shall not expend, disburse, transfer, assign, sell, convey, devise, pledge, mortgage, waste, create a security interest in, or dispose of any Receivership Assets. 10) Without consent of the Receiver or further Order of the Court, Bollinger shall not engage in any act or fail to take any action which may impair, defeat, divert, prevent, or prejudice the preservation of the Receivership Assets and Dana's interest in the Receivership Assets. 11) This is a final and appealable order and there is no just reason for delay.
IT IS SO ORDERED. JUDGE JOSEPH V. MCNAMARA
Date signed: 12/19/2025
12/18/2025
A document is available. Click here to view the document.
Email/Mail Notify Filed
12/18/2025
Order (Judicial Officer: McNamara, Joseph V.)
This matter came before the Court on Plaintiffs' Emergency Motion for Appointment of a Receivership. A hearing was held on December 16, 2025, before the Court. Court Reporter Lynette Shindorf was present and recorded the proceedings. Attorney Rodman Cooper and Attorney John Young appeared on behalf of Plaintiffs. Attorney Markus Apelis appeared on behalf of Defendants. The hearing commenced with opening statements by counsel. Plaintiffs presented one witness, Jim Szekely, who was duly sworn and provided testimony. Evidence was presented, and exhibits were admitted into the record. Defendants cross-examined Plaintiffs' witness. Closing statements were presented by counsel for the parties. The Court took the matter under advisement. The Court will issue its decision by written Opinion and Judgment Entry. IT IS SO ORDERED. JUDGE JOSEPH V. MCNAMARA
Date signed: 12/18/2025
12/18/2025
A document is available. Click here to view the document.
Order Filed and Journalized
See attached image
File Stamp: 12/18/2025
Party:
Plaintiff Dana Limited
See attached image
Index # 7
12/16/2025
Matter Taken Under Advisement
12/16/2025
Court Reporter Present
Lynette Shindorf
EV maker Bollinger Motors back in receivership as 20 trucks are seized
Portrait of Luke RamsethLuke Ramseth
The Detroit News
Jan. 7, 2026, 1:58 p.m. ET
The assets of failed electric truck maker Bollinger Motors are once again being overseen by a court-appointed manager as dozens of former employees, several parts suppliers and even a state agency say they are owed money by the Oak Park company that flamed out in November.
Bollinger Motors had briefly entered court-ordered receivership in the spring as it ran low on cash and faced a $10 million lawsuit from its founder, Robert Bollinger. But then parent company Mullen Automotive settled up with the founder and provided an infusion of cash into its subsidiary. Mullen's CEO David Michery promised to bring the high-profile EV startup back to full strength and pay off its debts.
That never happened. Last month, court records show an Ohio judge ordered the truck maker back into receivership as part of a lawsuit filed by Dana Inc. over $6.2 million the supplier says it's owed. “Dana has demonstrated by clear and convincing evidence that Bollinger is insolvent or is in imminent danger of insolvency,” Judge Joseph McNamara of Lucas County Common Pleas Court wrote in the Dec. 19 order.
AI
