to Abengoa Bioenergy Biomass of Kansas, LLC (hereinafter “ABBK”), which Nguyen submitted to  prove that milestones for the DOE Biomass Plant bonus were met. ABBK is not a debtor in these  cases and has its own Chapter 11 case before the United States Bankruptcy Court for the District  of Kansas.  JURISDICTION  The Court has jurisdiction of this matter pursuant to 28 U.S.C. §§ 151, 157, and 1334 (2016)  and Local Rule 81-9.01(B) of the United States District Court for the Eastern District of Missouri.  This is a core proceeding under 28 U.S.C. § 157(b)(2)(B)(2016). Venue is proper in this District  under 28 U.S.C. § 1409(a) (2016).  CONCLUSIONS OF LAW  The Court finds that Nguyen is an employee of Debtor, ABUS, under the Employment Contract.  The Employment Contract states that it was entered into with ABNT and together with ABUS and  each of their affiliates and subsidiaries. The Court also finds that Nguyen has not submitted  enough supporting documentation to prove that he completed the requirements to receive both the  yearly bonus and the DOE Biomass Plant bonus. The yearly bonus was to be based on the  achievement of the predefined yearly goals. Official documentation explaining these goals or the  fact that Nguyen has met these goals were not submitted. Nguyen’s affidavit alone is not sufficient  to establish completion. Exhibit D to Creditor Nguyen’s Response, which is a copy of Nguyen’s  paystub, only substantiates how much would be owed, with no reference to the completion of the  yearly bonus goal requirements. Therefore, the Court is prevented from finding that Nguyen is  entitled to the yearly bonus.  The EPC contract, which defines the requirements to be met for the DOE Biomass bonus, was  not submitted. Similarly, there was not sufficient documentation clearly stating that Nguyen met  these requirements. The affidavits of Nguyen and Santos-Leon are not enough to serve as  sufficient evidence of the completion of the requirements. The Court also finds that in the absence  -3-  Case 16-41161 Doc 1937 Filed 09/09/19 Entered 09/09/19 16:28:12 Main Document  Pg 3 of 4

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