Lookout Mountain Wild Animal Park, Inc. v. Stearns Zoological Rescue & Rehab Center, Inc. et al
| Lookout Mountain Wild Animal Park, Inc. |
| Stearns Zoological Rescue & Rehab Center, Inc., Kathryn P. Stearns, Kenneth F. Stearns, Randall E. Stearns and Kristy D. Truax |
| 8:2009cv02301 |
| November 12, 2009 |
| US District Court for the Middle District of Florida |
| Tampa Office |
| Pasco |
| Elizabeth A. Jenkins |
| James S. Moody |
| Plaintiff |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
180
ORDER: Plaintiff's Proposed Bill of Costs (Dkt. #144) is GRANTED in part and DENIED in part. The Clerk of Court is directed to enter a judgment in Plaintiff's favor and against Defendant STEARNS ZOOLOGICAL RESCUE & REHAB CENTER, INC. for taxable costs in the amount of $3,484.65. Signed by Judge James S. Moody, Jr on 7/11/2014. (LN)
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Filing
157
ORDER: The Clerk is directed to enter FINAL JUDGMENT in favor of Plaintiff Lookout Mountain Wild Animal Park, Inc., on the issue of the ownership of the two White-Handed Gibbons and their medical records, pursuant to this Court's Order on April 25, 2012 (see Dkt. # 139). The Clerk is directed to enter FINAL JUDGMENT in favor of all Defendants with respect to all other issues, as specified in the above-referenced Order. Signed by Judge James S. Moody, Jr on 6/22/2012. (LN)
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Filing
152
ORDER: Plaintiff's Motion for Disbursement of Cash Bond and Relinquishment of Jurisdiction Over the Gibbons ( 146 is GRANTED. The Court relinquishes jurisdiction over the gibbons. The Clerk is directed to disburse to Susan Williams on behalf of Plaintiff the cash bond 137 posted by Lookout Mountain. Signed by Judge James S. Moody, Jr on 6/11/2012. (LN)
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Filing
139
ORDER: Plaintiff is entitled to the return of the two (2) White-Handed Gibbons, together with all medical records for them in the possession of Defendant Stearns Zoological Rescue & Rehab Center, Inc. The jury found these medical records to have a value of $500.00, but once the records are returned to Plaintiff, Defendant will be exonerated from this amount. Stearns Zoological Rescue & Rehab Center, Inc. shall deliver all medical records on the Gibbons to Plaintiff within seven (7) days of this Order. Defendant Stearns Zoological Rescue & Rehab Center, Inc. is entitled to retain possession of all remaining animals and personal property received by it from Plaintiff. This Court has previously entered its Order for the return of the Gibbons to Plaintiff, with the Gibbons to be held by Susan Williams until further Order of this Court. Plaintiff posted a $15,000 cash bond for actual possession of the Gibbons being delivered to Susan Williams as provided on the record from t he bench at the conclusion of trial. The cash bond and the retained jurisdiction over the Gibbons is for the purpose of securing any monetary award for attorneys' fees to the Defendant for successfully defending the civil theft count. The part ies are given ten (10) days from the date of this Order within which to attempt to resolve the attorneys' fee issue, failing which Defendant Stearns Zoological Rescue & Rehab Center, Inc. shall file an appropriate motion with this Court. Any fe e must be apportioned among the various counts and only the time occasioned by the civil theft count is recoverable. This Court retains jurisdiction over the issue of attorneys' fees to resolve the attorneys' fee issue if necessary. The Clerk is directed to close this case and terminate any other pending motions. Signed by Judge James S. Moody, Jr on 4/25/2012. (LN)
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Filing
136
ORDER: Upon Plaintiff's posting of a cash bond of $15,000, Plaintiff shall be entitled to possession, the next business day (between the hours of 11 a.m. to 2 p.m.), of the two White-Handed Gibbons and their medical records. Lookout Mount ain shall obtain possession through Susan Williams. Susan Williams shall hold the Gibbons until further Order of this Court subject to her individual responsibility as described on the record of the proceedings in this Court on April 20, 2012. By t aking possession, Susan Williams confirms her oral statements in Court that she submits to the jurisdiction of this Court and will be bound by its Orders. Susan Williams will be subject to both personal liability and contempt in the event that the G ibbons are released without the permission of this Court. Upon posting of the $15,000 bond, Defendant Stearns Zoological Rescue & Rehab Center, Inc. is ordered to deliver the two White-Handed Gibbons, and their medical records, to Susan Williams pursuant to the terms of this Order. Signed by Judge James S. Moody, Jr on 4/23/2012. (LN)
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Filing
30
ORDER: Plaintiff's Emergency Motion for Injunction 26 is DENIED. Plaintiff's Motion for Sanctions 25 is GRANTED in part and DENIED in part. Plaintiff's oral Motion to Amend the Complaint is GRANTED. Plaintiff shall file an amen ded complaint within 20 days. Plaintiff's Motion for Summary Judgment and Motion to Deem Matters Admitted 15 is DENIED as moot. Defendants shall file responses to the Requests for Admission within 10 days. The parties are ordered to mediate within 30 days. Kathryn Stearns and Dr. Robert Bloome are to be in attendance at the mediation. Signed by Judge James S. Moody, Jr on 6/24/2010. (LN)
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