Osborn v. Griffin et al
Plaintiff: Judith E. Prewitt, Andrew Nicoll, Elizabeth A. Osborn, Carolyn Taggart, Linda G. Holt and Cynthia L. Roeder
Defendant: John Christian Griffin, Michael Robert Griffin, Dennis B. Griffin, John M. Griffin, Toby Andrew Griffin, Denise Ann Griffin, Anthony Allen Griffin, Joseph Scott Griffin, Renee Lynn Griffin, Traci Lynn Griffin, Joseph S. Griffin, Juanita M. Griffin, Anthony A. Griffin, Dana L. Griffin, John C. Griffin, Marcus D. Griffin, Michael Kautzman, Renee Griffin, Anthony Griffin, John Doe, Toby A. Griffin, Traci Lynn Dehlinger, Jessica M. Griffin, Bradie N. Griffin, Stephanie N. Griffin, Thomas Griffin, Martom Properties, LLC, Juanita Griffin, Christopher A. Griffin, Unknown Others, Joyce Griffin, Dennis B. Griffin Revocable Trust - 2012, Jon Marcus Griffin, Jordan Griffin, Denise Griffin, Chelsea R. Griffin, Brian J. Griffin, Joseph D. Griffin, Houston Griffin Mackinder, Mitchell Dehlinger Griffin, Jane Doe, Robert A. Griffin, Keating Muething & Klekamp, PLL, Toby Griffin, Traci G. Kautzman, Martin Griffin and Michael R. Griffin
Petitioner: Griffin Family Trust and Thompson Hine, LLP
Garnishee: Chase Bank, MainSource Bank, Inc., Griffin Industries, LLC, Citizens Bank of Northern Kentucky, Inc., First Financial Bank, National Association, Inc., Fidant Wealth Partners, Fifth Third Bank, Charles Schwab, U.S. Bank, Guardian Savings Bank, Heritage Bank, Inc., Commonwealth Bank & Trust Company, Huntington National Bank, Central Bank & Trust Co., Kentucky Federal Savings & Loan Assn., Griffin Family Trust, Christopher Griffin Trustee, Broadview Financial Advisors, Inc., Victory Community Bank, Stock Yards Bank & Trust Company, Woodforest National Bank, PNC Bank, Baird, Union Savings Bank, BB&T, Suntrust Bank Corp., Republic Bank & Trust Co., J.P. Morgan Chase Bank N.A. and Wells Fargo Bank, National Association
Not Classified By Court: Jean McCoy and David P Kamp
Case Number: 2:2011cv00089
Filed: April 27, 2011
Court: US District Court for the Eastern District of Kentucky
Office: Covington Office
County: Kenton
Presiding Judge: William O Bertelsman
Referring Judge: Robert E Wier
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on November 27, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 27, 2017 Filing 1234 MANDATE of USCA ISSUED with no costs taxed as to #1142 Notice of Appeal,,, filed by Martom Properties, LLC, #1139 Notice of Appeal,,, filed by Dennis B. Griffin Revocable Trust - 2012, John M. Griffin, Anthony A. Griffin, #1140 Notice of Appeal,,, filed by Martom Properties, LLC, #1141 Notice of Appeal,,, filed by Dennis B. Griffin Revocable Trust - 2012, John M. Griffin, Anthony A. Griffin (Attachments: #1 6CCA Cover Letter)(ECO)
November 17, 2017 Opinion or Order Filing 1233 ORDER: 1) The Clerk of Court is ORDERED to return to Martom Properties, Inc. the cash deposit of $7,930,000, plus accumulated interest; and 2) The Clerk of Court is ORDERED to pay over to Juanita M. Griffin the Deposited Funds of $69,842.53, plus accumulated interest. Signed by Judge William O. Bertelsman on 11/17/2017.(ECO)cc: COR, Finance. Modified text on 11/17/2017 (ECO).
November 16, 2017 Filing 1232 STIPULATION OF DISMISSAL WITH PREJUDICE: Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) and the 11/7/2017 Release and Settlement Agreement, all parties to these actions and petitions stipulate to the dismissal of this entire action with prejudice. Each party is to bear his or her or its own court costs and attorney fees. This 16th day of November, 2017. Signed by Judge William O. Bertelsman on 11/16/2017.(ECO)cc: COR Modified typo in date on 11/16/2017 (ECO).
November 16, 2017 Opinion or Order Filing 1231 AGREED ORDER MODIFYING CERTAIN ORDERS RELATING TO TONY GRIFFIN: Plaintiffs Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder, and Elizabeth A. Osborn (collectively, "Plaintiffs"), and Defendants John M. Griffin, the Estate of Dennis B. Griffin, the Dennis B. Griffin Revocable Trust - 2012, and Martom Properties, LLC (collectively, "Defendants"), by and through counsel, stipulate and agree that the 6/3/2016 Order #1090 is hereby MODIFIED as follows: 1) The portion of the Order prohibiting Anthony Alan Griffin ("Tony Griffin") from having any further contact with the Holt Plaintiffs, Elizabeth Osborn, or their families or attorneys (the "Protected Parties") is hereby VACATED; 2) The portion of the Order prohibiting Tony Griffin from taking any action, directly or indirectly, to injure, harass, or intimidate the Protected Parties shall remain in full force and effect. Signed by Judge William O. Bertelsman on 11/16/2017.(ECO)cc: COR
November 16, 2017 Opinion or Order Filing 1230 AGREED ORDER: 1) That the funds deposited into the registry of the Court by Fifth Third Bank in accordance with the Court's Agreed Order of Non-Party Juanita M. Griffin's Objection to Order of Garnishment #1119 entered herein on 6/24/2016 (the "Deposited Funds"), be and are RELEASED; and 2) That the Clerk is directed to pay over the Deposited Funds to Juanita M. Griffin forthwith. Signed by Judge William O. Bertelsman on 11/16/2017.(ECO)cc: COR, Finance
November 16, 2017 Opinion or Order Filing 1229 AGREED ORDER RELEASING BOND AND DEPOSIT: 1) That the Bond is RELEASED; and 2) That the Clerk is directed to return to Martom Properties, LLC forthwith the cash deposit in the amount of $7,930.000 that was made by Martom Properties, LLC as security for that Bond. Signed by Judge William O. Bertelsman on 11/16/2017.(ECO)cc: COR, FINANCE
November 16, 2017 Opinion or Order Filing 1228 ORDER: That all pending motions ( #1160 , #1179 , #1180 , #1207 , #1209 , #1214 , #1215 ) are DENIED AS MOOT. Signed by Judge William O. Bertelsman on 11/16/2017.(ECO)cc: COR
November 9, 2017 ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #1225 Proposed Agreed Order/Stipulation Modifying Certain Orders Relating to Tony Griffin by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder, #1227 Stipulation of Dismissal, #1226 Proposed Agreed Order/Stipulation Releasing Funds on Deposit by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder, #1223 Notice, #1224 Proposed Agreed Order/Stipulation Releasing Bond and Deposit by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder (ECO)
November 8, 2017 Filing 1227 STIPULATION of Dismissal with Prejudice by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Wicker, J.)
November 8, 2017 Filing 1226 Proposed Agreed Order/Stipulation Releasing Funds on Deposit by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder, non-party Legal Finance, non-party Juanita M. Griffin. (Wicker, J.) Modified to add additional filers on 11/9/2017 (ECO).
November 8, 2017 Filing 1225 Proposed Agreed Order/Stipulation Modifying Certain Orders Relating to Tony Griffin by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder, John M. Griffin, the Estate of Dennis B. Griffin, Dennis B. Griffin Revocable trust - 2012, Martom Properties, LLC. (Wicker, J.) Modified to add additional filers on 11/9/2017 (ECO).
November 8, 2017 Filing 1224 Proposed Agreed Order/Stipulation Releasing Bond and Deposit by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder, John M. Griffin, Estate of Dennis B. Griffin, Dennis B. Griffin Revocable Trust - 2012, Martom Properties, LLC. (Wicker, J.) Modified to add additional filers on 11/9/2017 (ECO).
November 8, 2017 Filing 1223 NOTICE by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder re #863 Judgment Satisfaction (Wicker, J.)
October 25, 2017 Opinion or Order Filing 1222 ORDER: These actions remain STAYED, all decisions in these actions remain DEFERRED, and all deadlines in these actions remain HELD IN ABEYANCE until 11/8/2017. Signed by Judge William O. Bertelsman on 10/25/2017.(ECO)cc: COR
October 25, 2017 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #1221 JOINT MOTION to Extend Stay by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin(Family Legacy Trust), Anthony A. Griffin, Anthony Allen Griffin, Anthony A. Griffin, Anthony A. Griffin(per Order DE #709 ), Bradie N. Griffin, Brian J. Griffi (ECO)
October 24, 2017 Filing 1221 JOINT MOTION to Extend Stay by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin(Family Legacy Trust), Anthony A. Griffin, Anthony Allen Griffin, Anthony A. Griffin, Anthony A. Griffin(per Order DE #709 ), Bradie N. Griffin, Brian J. Griffin, Chelsea R. Griffin, Christopher A. Griffin, Dana L. Griffin, Denise Ann Griffin, Dennis B. Griffin, Dennis B. Griffin(Irrevocable Life Insurance Trust), Dennis B. Griffin(and Joyce Griffin Irrevocable Life Insurance Trust), Dennis B. Griffin, Dennis B. Griffin(Grantor Retained Annuity Trust II, Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), Dennis B. Griffin(Individually), Jessica M. Griffin, John M. Griffin(Individually), John M. Griffin(Trust), John M. Griffin(Grantor Retained Annuity Trust II, Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), John M. Griffin(Irrevocable Life Insurance Trust), John Christian Griffin, John M. Griffin, John M. Griffin(and Juanita Griffin Irrevocable Life Insurance Trust), John M. Griffin, Jon Marcus Griffin, Jordan Griffin, Joseph D. Griffin, Joseph Scott Griffin, Joyce Griffin(Irrevocable Life Insurance Trust), Joyce Griffin, Juanita Griffin, Juanita M. Griffin, Juanita M. Griffin, Marcus D. Griffin, Martin Griffin, Martin Griffin, Michael Robert Griffin, Mitchell Dehlinger Griffin, Renee Lynn Griffin, Robert A. Griffin(Grantor Retained Annuity Trust II, Retained Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), Robert A. Griffin, Robert A. Griffin(Dismissed per Memorandum Opinion & Order at DE #590 ), Stephanie N. Griffin, Thomas Griffin, Thomas Griffin, Toby A. Griffin, Toby Andrew Griffin, Traci Lynn Griffin, Dennis B. Griffin (Trust), Michael Kautzman, Traci G. Kautzman, Houston Griffin Mackinder, Martom Properties, LLC . (Attachments: #1 Proposed Order Granting Joint Motion to Extend Stay)(Dusing, Benjamin) Modified text to take out referral language on 10/24/2017 (ECO). Modified text to better describe document on 10/25/2017 (ECO).
September 20, 2017 Opinion or Order Filing 1220 ORDER: The 9/19/2017 Joint Motion to Stay #1219 is GRANTED. These actions are STAYED, all decisions in these actions are DEFERRED, and all deadlines in these actions are HELD IN ABEYANCE until 10/23/2017. Signed by Judge William O. Bertelsman on 9/20/2017. (ECO)cc: COR
September 19, 2017 Filing 1219 JOINT MOTION to Stay by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin(Family Legacy Trust), Anthony A. Griffin, Anthony Allen Griffin, Anthony A. Griffin, Anthony A. Griffin(per Order DE #709 ), Bradie N. Griffin, Brian J. Griffin, Chelsea R. Griffin, Christopher A. Griffin, Dana L. Griffin, Denise Ann Griffin, Dennis B. Griffin, Dennis B. Griffin(Irrevocable Life Insurance Trust), Dennis B. Griffin(and Joyce Griffin Irrevocable Life Insurance Trust), Dennis B. Griffin, Dennis B. Griffin(Grantor Retained Annuity Trust II, Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), Dennis B. Griffin(Individually), Jessica M. Griffin, John M. Griffin(Individually), John M. Griffin(Trust), John M. Griffin(Grantor Retained Annuity Trust II, Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), John M. Griffin(Irrevocable Life Insurance Trust), John Christian Griffin, John M. Griffin, John M. Griffin(and Juanita Griffin Irrevocable Life Insurance Trust), John M. Griffin, Jon Marcus Griffin, Jordan Griffin, Joseph D. Griffin, Joseph Scott Griffin, Joyce Griffin(Irrevocable Life Insurance Trust), Joyce Griffin, Juanita Griffin, Juanita M. Griffin, Marcus D. Griffin, Martin Griffin, Michael Robert Griffin, Mitchell Dehlinger Griffin, Renee Lynn Griffin, Robert A. Griffin(Grantor Retained Annuity Trust II, Retained Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), Robert A. Griffin, Robert A. Griffin(Dismissed per Memorandum Opinion & Order at DE #590 ), Stephanie N. Griffin, Thomas Griffin, Thomas Griffin, Toby A. Griffin, Toby Andrew Griffin, Traci Lynn Griffin, Dennis B. Griffin (Trust), Michael Kautzman, Traci G. Kautzman, Houston Griffin Mackinder . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order)(Dusing, Benjamin) Modified text to take out referral language on 9/20/2017 (ECO).
September 7, 2017 Filing 1218 OBJECTIONS to #1209 the Magistrate Judge's Recommended Disposition of Their Motions to Dismiss filed by Anthony A. Griffin(Family Legacy Trust), Anthony Allen Griffin, Anthony A. Griffin, Bradie N. Griffin, Brian J. Griffin, Chelsea R. Griffin, Christopher A. Griffin, Dana L. Griffin, Denise Ann Griffin, Dennis B. Griffin(Grantor Retained Annuity Trust II, Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), Jessica M. Griffin, John M. Griffin(Trust), John Christian Griffin, John M. Griffin(and Juanita Griffin Irrevocable Life Insurance Trust), Jon Marcus Griffin, Jordan Griffin, Joseph D. Griffin, Joseph Scott Griffin, Joyce Griffin(Irrevocable Life Insurance Trust), Joyce Griffin, Juanita Griffin, Juanita M. Griffin, Juanita M. Griffin, Marcus D. Griffin, Martin Griffin, Martin Griffin, Michael Robert Griffin, Mitchell Dehlinger Griffin, Renee Lynn Griffin, Robert A. Griffin(Grantor Retained Annuity Trust II, Retained Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), Robert A. Griffin, Stephanie N. Griffin, Thomas Griffin, Thomas Griffin, Toby A. Griffin, Toby Andrew Griffin, Traci Lynn Griffin, Dennis B. Griffin (Trust), Michael Kautzman, Traci G. Kautzman, Houston Griffin Mackinder. (Dusing, Benjamin)
September 7, 2017 Filing 1217 OBJECTIONS to #1209 Magistrate Judge's Recommended Disposition filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Wicker, J.)
September 7, 2017 Filing 1216 NOTICE OF FILING by Anthony A. Griffin(Family Legacy Trust), Anthony Allen Griffin, Anthony A. Griffin(per Order DE #709 ), Bradie N. Griffin, Brian J. Griffin, Chelsea R. Griffin, Christopher A. Griffin, Dana L. Griffin, Denise Ann Griffin, Jessica M. Griffin, John Christian Griffin, Jon Marcus Griffin, Jordan Griffin, Joseph D. Griffin, Joseph Scott Griffin, Joyce Griffin(Irrevocable Life Insurance Trust), Joyce Griffin, Juanita Griffin, Juanita M. Griffin, Juanita M. Griffin, Marcus D. Griffin, Martin Griffin, Martin Griffin, Michael Robert Griffin, Mitchell Dehlinger Griffin, Renee Lynn Griffin, Robert A. Griffin(Grantor Retained Annuity Trust II, Retained Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), Robert A. Griffin, Robert A. Griffin(Dismissed per Memorandum Opinion & Order at DE #590 ), Stephanie N. Griffin, Thomas Griffin, Thomas Griffin, Toby A. Griffin, Toby Andrew Griffin, Traci Lynn Griffin, Michael Kautzman, Traci G. Kautzman re #1215 MOTION to Stay by Anthony A. Griffin(Family Legacy Trust), Anthony A. Griffin, Anthony Allen Griffin, Anthony A. Griffin, Anthony A. Griffin(per Order DE #709 ), Bradie N. Griffin, Brian J. Griffin, Chelsea R. Griffin, Christopher A. Griffin,, #1214 MOTION for More Definite Statement by Anthony A. Griffin(Family Legacy Trust), Anthony A. Griffin, Anthony Allen Griffin, Anthony A. Griffin, Anthony A. Griffin(per Order DE #709 ), Bradie N. Griffin, Brian J. Griffin, Chelsea R. Griffin, Christ (Attachments: #1 Proposed Order Granting Innocent Respondents' Motion for More Definite Statement, #2 Proposed Order Granting Innocent Respondents' Motion to Stay)(Dusing, Benjamin)
September 5, 2017 NOTICE OF DEFICIENCY TO Benjamin Dusing re #1214 MOTION for More Definite Statement AND #1215 MOTION to Stay; attorney failed to submit proposed orders as electronic attachments to the motions. Entry by attorney; within 7 calendar days, prepare a document entitled Notice of Filing (with a certificate of service), file the Notice using the event Notice of Filing, attach the proposed orders (separately), and create a link to the related docket entries cc: COR (ECO)
September 1, 2017 Filing 1215 MOTION to Stay by Anthony A. Griffin(Family Legacy Trust), Anthony A. Griffin, Anthony Allen Griffin, Anthony A. Griffin, Anthony A. Griffin(per Order DE #709 ), Bradie N. Griffin, Brian J. Griffin, Chelsea R. Griffin, Christopher A. Griffin, Dana L. Griffin, Denise Ann Griffin, Dennis B. Griffin, Dennis B. Griffin(Irrevocable Life Insurance Trust), Dennis B. Griffin(and Joyce Griffin Irrevocable Life Insurance Trust), Dennis B. Griffin, Dennis B. Griffin(Grantor Retained Annuity Trust II, Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), Dennis B. Griffin(Individually), Jessica M. Griffin, John M. Griffin(Individually), John M. Griffin(Trust), John M. Griffin(Grantor Retained Annuity Trust II, Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), John M. Griffin(Irrevocable Life Insurance Trust), John Christian Griffin, John M. Griffin, John M. Griffin(and Juanita Griffin Irrevocable Life Insurance Trust), John M. Griffin, Jon Marcus Griffin, Jordan Griffin, Joseph D. Griffin, Joseph Scott Griffin, Joyce Griffin(Irrevocable Life Insurance Trust), Joyce Griffin, Juanita Griffin, Juanita M. Griffin, Juanita M. Griffin, Marcus D. Griffin, Martin Griffin, Martin Griffin, Michael Robert Griffin, Mitchell Dehlinger Griffin, Renee Lynn Griffin, Robert A. Griffin(Grantor Retained Annuity Trust II, Retained Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), Robert A. Griffin, Robert A. Griffin(Dismissed per Memorandum Opinion & Order at DE #590 ), Stephanie N. Griffin, Thomas Griffin, Thomas Griffin, Toby A. Griffin, Toby Andrew Griffin, Traci Lynn Griffin, Dennis B. Griffin (Trust), Michael Kautzman, Traci G. Kautzman, Houston Griffin Mackinder, Martom Properties, LLC, Martom Properties, LLC . (Attachments: #1 Exhibit Letter)(Dusing, Benjamin) Modified text to take out referral language on 9/5/2017 (ECO). (Additional attachment(s) added on 9/7/2017: #2 Proposed Order) (ECO).
September 1, 2017 Filing 1214 MOTION for More Definite Statement by Anthony A. Griffin(Family Legacy Trust), Anthony A. Griffin, Anthony Allen Griffin, Anthony A. Griffin, Anthony A. Griffin(per Order DE #709 ), Bradie N. Griffin, Brian J. Griffin, Chelsea R. Griffin, Christopher A. Griffin, Dana L. Griffin, Denise Ann Griffin, Dennis B. Griffin, Dennis B. Griffin(Irrevocable Life Insurance Trust), Dennis B. Griffin(and Joyce Griffin Irrevocable Life Insurance Trust), Dennis B. Griffin, Dennis B. Griffin(Grantor Retained Annuity Trust II, Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), Dennis B. Griffin(Individually), Jessica M. Griffin, John M. Griffin(Individually), John M. Griffin(Trust), John M. Griffin(Grantor Retained Annuity Trust II, Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), John M. Griffin(Irrevocable Life Insurance Trust), John Christian Griffin, John M. Griffin, John M. Griffin(and Juanita Griffin Irrevocable Life Insurance Trust), John M. Griffin, Jon Marcus Griffin, Jordan Griffin, Joseph Scott Griffin, Joyce Griffin(Irrevocable Life Insurance Trust), Joyce Griffin, Juanita Griffin, Juanita M. Griffin, Juanita M. Griffin, Marcus D. Griffin, Martin Griffin, Martin Griffin, Michael Robert Griffin, Mitchell Dehlinger Griffin, Renee Lynn Griffin, Robert A. Griffin(Grantor Retained Annuity Trust II, Retained Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), Robert A. Griffin, Robert A. Griffin(Dismissed per Memorandum Opinion & Order at DE #590 ), Stephanie N. Griffin, Thomas Griffin, Thomas Griffin, Toby A. Griffin, Toby Andrew Griffin, Traci Lynn Griffin, Dennis B. Griffin (Trust), Michael Kautzman, Traci G. Kautzman, Houston Griffin Mackinder, Martom Properties, LLC, Martom Properties, LLC . (Dusing, Benjamin) Modified text to take out referral language on 9/5/2017 (ECO). (Additional attachment(s) added on 9/7/2017: #1 Proposed Order) (ECO).
August 31, 2017 Opinion or Order Filing 1213 ORDER: The Court GRANTS DE #1210 Motion to Withdraw as Attorney and DIRECTS the Clerk to terminate Hon. David Kamp, Hon. Jean Goeppinger McCoy, Hon. Carolyn A. Taggart and Hon. Andrew S. Nicoll as counsel of record. Signed by Magistrate Judge Robert E. Wier on 8/31/2017. (ECO)cc: COR
August 30, 2017 Filing 1212 NOTICE OF APPEARANCE by Bradie N. Griffin, Brian J. Griffin, Chelsea R. Griffin, Christopher A. Griffin, Jessica M. Griffin, Jon Marcus Griffin, Jordan Griffin, Martin Griffin, Martin Griffin, Michael Robert Griffin, Renee Lynn Griffin, Robert A. Griffin(Grantor Retained Annuity Trust II, Retained Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), Stephanie N. Griffin, Thomas Griffin, Thomas Griffin, Martom Properties, LLC, Martom Properties, LLC. (Dusing, Benjamin)
August 30, 2017 Filing 1211 NOTICE OF APPEARANCE by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin(Family Legacy Trust), Anthony A. Griffin, Anthony Allen Griffin, Anthony A. Griffin, Anthony A. Griffin(per Order DE #709 ), Dana L. Griffin, Denise Ann Griffin, Dennis B. Griffin, Dennis B. Griffin(Irrevocable Life Insurance Trust), Dennis B. Griffin(and Joyce Griffin Irrevocable Life Insurance Trust), Dennis B. Griffin, Dennis B. Griffin(Grantor Retained Annuity Trust II, Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), Dennis B. Griffin(Individually), John M. Griffin(Individually), John M. Griffin(Trust), John M. Griffin(Grantor Retained Annuity Trust II, Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), John M. Griffin(Irrevocable Life Insurance Trust), John Christian Griffin, John M. Griffin, John M. Griffin(and Juanita Griffin Irrevocable Life Insurance Trust), John M. Griffin, Joseph Scott Griffin, Joyce Griffin(Irrevocable Life Insurance Trust), Joyce Griffin, Juanita Griffin, Juanita M. Griffin, Juanita M. Griffin, Marcus D. Griffin, Mitchell Dehlinger Griffin, Toby A. Griffin, Toby Andrew Griffin, Traci Lynn Griffin, Dennis B. Griffin (Trust), Michael Kautzman, Traci G. Kautzman, Houston Griffin Mackinder. (O'Connor, Brian)
August 30, 2017 Filing 1210 MOTION to Withdraw as Attorney by David P Kamp, Jean McCoy, Andrew Nicoll, Carolyn Taggart Motions referred to Robert E. Wier. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - DBG JMG Consents, #3 Exhibit 2 - Rem Collection Defendant Consents, #4 Proposed Order)(McCoy, Jean)
August 30, 2017 ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #1210 MOTION to Withdraw as Attorney by David P Kamp, Jean McCoy, Andrew Nicoll, Carolyn Taggart (ECO)
August 24, 2017 Opinion or Order Filing 1209 RECOMMENDED DISPOSITION: 1) That the District Court GRANT Collection Defendants' motion to dismiss #1179 , only insofar as it challenges the Supplemental Petition's #1159 claims against Robert A. Griffin; and 2) That the District Court otherwise DENY Collection Defendants' motions ( #1179 - #1180 ). 3) Upon resolution of any objections, the District Court should, after deciding the motion to amend #1207 , set a briefing schedule as to the Motion for Judgment #1160 . The Court issues this Recommended Disposition for a dispositive, post-judgment matter under the District Judge's referral, which the Court considers made under 28 U.S.C. 636(b)(3) (see Order for details). The parties have the same appeal rights they would for a matter referred under Section 636(b)(1)(B) as stated below; W/in 14 days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court (See Order for details). Signed by Magistrate Judge Robert E. Wier on 8/24/2017.(ECO)cc: COR
August 14, 2017 Filing 1208 Copy of Petition for Rehearing and Rehearing En Banc filed before 6CCA. Received electronic copy from 6CCA-emergency filing. (ECO)
August 11, 2017 Filing 1207 MOTION to Amend/Correct by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder Motions referred to Robert E. Wier. (Attachments: #1 Exhibit Amended Supplemental Petition to Satisfy Judgment)(Wicker, J.)
July 28, 2017 Filing 1206 INFORMATION COPY OF ORDER/JUDGMENT of USCA as to #1142 Notice of Appeal filed by Martom Properties, LLC, #1139 Notice of Appeal filed by Dennis B. Griffin Revocable Trust - 2012, John M. Griffin, Anthony A. Griffin, #1140 Notice of Appeal filed by Martom Properties, LLC, #1141 Notice of Appeal filed by Dennis B. Griffin Revocable Trust - 2012, John M. Griffin, Anthony A. Griffin. The Judgment of the district court is AFFIRMED. (Attachments: #1 Judgment of 6CCA, #2 6CCA Cover Letter-Mandate to issue)(ECO)
July 6, 2017 Filing 1205 NOTICE by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder of Subpoena Duces Tecum (Attachments: #1 Exhibit A - Subpoena to Darling Ingredients, #2 Exhibit B - Subpoena to Robert A. Griffin)(Wicker, J.)
April 25, 2017 Opinion or Order Filing 1204 ORDER: The Court SETS ASIDE all requirements of DE#1203 Order and CANCELS the 5/3/2017 telephonic conference. Signed by Magistrate Judge Robert E. Wier on 4/25/2017.(ECO)cc: COR
April 25, 2017 Opinion or Order Filing 1203 ORDER: 1) By 4/28/2017, at 12:00 p.m. (noon), the affected parties SHALL submit (not file) brief (maximum two pages) letters outlining their position on the discovery dispute. These letters should be provided to Chambers by email. Counsel shall copy opposing counsel. 2) The Court SCHEDULES a TELEPHONIC CONFERENCE, for counsel only, on 5/3/2017 at 11:00 AM in Lexington. 3) In advance of the call, parties shall continue to confer in an effort to reach an agreed resolution. They shall advise the Court if the call is no longer needed. 4) The Court will utilize the electronic sound (digital audio) recording system as the record for this call. (Parties to see Order for details). Signed by Magistrate Judge Robert E. Wier on 4/25/2017.(ECO)cc: COR
April 10, 2017 Filing 1202 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 4/10/2017 before Magistrate Judge Robert E. Wier: Parties present as noted. Parties to see Order for Details. Parties to comply with Order. (Tape #KYED-LEX 2-11-cv-89-WOB-REW-20170410 112049.) Signed by Robert E. Wier. (ECO)cc: COR
April 3, 2017 Opinion or Order Filing 1201 ORDER: 1) By 4/6/2017, at 12:00 p.m. (noon), the affected parties SHALL submit (not file) brief (maximum two pages) letters outling their position on the discovery disputes. These letters should be provided to Chambers by email. Counsel shall copy opposing counsel. 2) The Court SCHEDULES a TELEPHONIC CONFERENCE, for counsel only, on 4/10/2017 at 02:00 PM in Lexington; 3) In advance of the call, parties shall continue to confer in an effort to reach an agreed resolution. They shall advise the Court if the call is not needed; 4) The Court will utilize the electronic sound (digital audio) recording system as the record for this case. (Parties to see Order for details). Signed by Magistrate Judge Robert E. Wier on 4/3/2017.(ECO)cc: COR Modified bold text on 4/12/2017 (ECO).
March 14, 2017 Opinion or Order Filing 1200 ORDER: granting #1199 Motion for Pro Hac Vice permitting Andrew S. Nicoll to serve as counsel for Collection Defendants. Signed by Magistrate Judge Robert E. Wier on 3/14/2017. (TJZ)cc: COR, Andrew S. Nicoll w/copy of Mandatory ECF Order and Registration Form
March 14, 2017 Filing 1199 MOTION for Order by Unknown Others (Collection Defendants' Motion for Admission of Andrew S. Nicoll Pro Hac Vice) Motions referred to Robert E. Wier. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B - Proposed Order Granting Collection Defendants' Motion for Admission of Andrew S. Nicoll Pro Hac Vice)(Taggart, Carolyn)
March 8, 2017 Filing 1198 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 3/8/2017. before Magistrate Judge Robert E. Wier: Counsel appeared as noted for a discovery-dispute telephonic conference. The Court considered the pre-call submissions, the comments and discussion on the conference, the Griffin Family Trusts' status as a third party here, and the Rules' principles and values regarding proportionality, relevance, and case scope. The Court encourages a continued cooperative approach to the issues raised by counsel, including additional specifications, as discussed, concerning possible items already produced and items particularly desired.(Parties to see Minute Entry for Details). (Tape #KYED-LEX 2-11-CV-89-WOB-REW 20170308 145536.) Signed by Robert E. Wier. (ECO)cc: COR
March 1, 2017 Opinion or Order Filing 1197 ORDER: The Court DENIES WITHOUT PREJUDICE #1196 Motion to Appear Pro Hac Vice. Ms. Taggart may renew the request upon a motion that fully complies with the Local Rule. Signed by Magistrate Judge Robert E. Wier on 3/1/2017. (ECO)cc: COR, cc to Atty Andrew Nicoll
March 1, 2017 ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #1196 MOTION for Andrew S. Nicoll to Appear Pro Hac Vice by Unknown Others ( Filing fee $125; receipt number 0643-3733356) (ECO)
February 28, 2017 Filing 1196 MOTION for Andrew S. Nicoll to Appear Pro Hac Vice by Unknown Others ( Filing fee $125; receipt number 0643-3733356)Motions referred to Robert E. Wier. (Attachments: #1 Exhibit A - Affidavit of Andrew S. Nicoll in Support of Collection Defendants' Motion for Admission Pro Hac Vice, #2 Exhibit B - Proposed Order Granting Collection Defendants' Motion for Admission of Andrew S. Nicoll Pro Hac Vice)(Taggart, Carolyn)
February 22, 2017 Opinion or Order Filing 1195 ORDER: 1) By 3/1/2017 at 12:00 p.m. (noon), the affected parties SHALL submit (not file) brief (maximum 2 pages letters outlining their position on the discovery dispute. These letters should be in PDF, DOC format and should be provided to Chambers by email (See Order). Counsel shall copy opposing counsel. Counsel shall additionally submit any relevant, but strictly targeted, portions of filings or other documents directly concerning the dispute. 2) The Court SCHEDULES a TELEPHONIC CONFERENCE, for counsel only, on 3/8/2017 at 03:00 PM in LEXINGTON. Prior to the telephonic conference, the Court will send an email message to all counsel of record with the telephone number, access code, and security code to utilize, and counsel must call into the conference and be ready to proceed on the date and at the time designated. At least one lead counsel with authority to speak for the involved party must participate. 3) In advance of the call, the parties shall continue to confer (i.e., actually talk with one another) in an effort to reach an agreed resolution. They shall promptly advise the Court if the scope of the call narrows or if the call is not needed. 4) The Court will utilize the electronic sound (digital audio) recording system as the record for this call. Signed by Magistrate Judge Robert E. Wier on 2/22/2017.(ECO)cc: COR
February 2, 2017 Opinion or Order Filing 1194 ORDER: The Court DENIES DE #1191 Motion for Leave to File Sur-Reply. 2) The Court issues this Order resolving a non-dispositive, post-judgment matter under the District Judge's referral, which the Court considers made under 28 U.S.C. 636(b)(3). The matter is appealable to Judge Bertelsman. A party objecting must file same w/in 14 days of Order entry. Failure to object waives a party's right to review. (Parties to see Order for Details). Signed by Magistrate Judge Robert E. Wier on 2/2/2017. (ECO)cc: COR
February 2, 2017 Filing 1193 REPLY to Response to Motion re #1191 MOTION for Leave by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder to File Sur-Reply filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Wicker, J.)
January 30, 2017 Filing 1192 RESPONSE in Opposition re #1191 MOTION for Leave by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder to File Sur-Reply filed by Unknown Others. (Attachments: #1 Proposed Order Denying Plaintiffs' Motion for Leave to File Sur-Reply Memorandum)(Taggart, Carolyn)
January 27, 2017 Filing 1191 MOTION for Leave by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder to File Sur-Reply Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order, #2 Exhibit - Plaintiffs' Sur-Reply)(Wicker, J.)
January 23, 2017 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #1180 MOTION to Dismiss by Anthony Allen Griffin, Dana L. Griffin, Denise Ann Griffin, John Christian Griffin, Joseph Scott Griffin, Joyce Griffin(Irrevocable Life Insurance Trust), Juanita Griffin, Marcus D. Griffin, Mitchell Dehlinger Griffin, Toby Andr, #1179 MOTION to Dismiss by Unknown Others Plaintiffs' Supplemental Petition to Satisfy Judgment (TJZ)
January 20, 2017 Filing 1190 REPLY to Response to Motion re #1179 MOTION to Dismiss by Unknown Others Plaintiffs' Supplemental Petition to Satisfy Judgment filed by Bradie N. Griffin, Brian J. Griffin, Chelsea R. Griffin, Christopher A. Griffin, Jessica M. Griffin, Jon Marcus Griffin, Jordan Griffin, Martin Griffin, Michael Robert Griffin, Renee Lynn Griffin, Robert A. Griffin(Grantor Retained Annuity Trust II, Retained Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), Stephanie N. Griffin, Thomas Griffin, Unknown Others. (Taggart, Carolyn)
January 20, 2017 Filing 1189 REPLY to Response to Motion re #1180 MOTION to Dismiss by Anthony Allen Griffin, Dana L. Griffin, Denise Ann Griffin, John Christian Griffin, Joseph Scott Griffin, Joyce Griffin(Irrevocable Life Insurance Trust), Juanita Griffin, Marcus D. Griffin, Mitchell Dehlinger Griffin, Toby Andr filed by Anthony A. Griffin(Family Legacy Trust), Anthony A. Griffin, Dana L. Griffin, Denise Ann Griffin, John M. Griffin(Trust), John Christian Griffin, Joseph Scott Griffin, Joyce Griffin(Irrevocable Life Insurance Trust), Juanita Griffin, Mitchell Dehlinger Griffin, Toby A. Griffin, Traci Lynn Griffin, Michael Kautzman, Traci G. Kautzman, Houston Griffin Mackinder. (McCoy, Jean)
January 6, 2017 Filing 1188 RESPONSE in Opposition re #1180 MOTION to Dismiss by Anthony Allen Griffin, Dana L. Griffin, Denise Ann Griffin, John Christian Griffin, Joseph Scott Griffin, Joyce Griffin(Irrevocable Life Insurance Trust), Juanita Griffin, Marcus D. Griffin, Mitchell Dehlinger Griffin, Toby Andr, #1179 MOTION to Dismiss by Unknown Others Plaintiffs' Supplemental Petition to Satisfy Judgment filed by Linda G. Holt. (Attachments: #1 Proposed Order)(Wicker, J.)
January 4, 2017 Opinion or Order Filing 1187 ORDER: 1)The Court GRANTS DE #1181 Motion for Extension of Time to File Response/Reply and #1182 Motion for Extension of Time. The Collection Defs SHALL file any response to Plf's motion for judgment #1160 within 21 days following the District Court's resolution of the motions to Dismiss ( #1179 and #1180 ). Reply time will follow per the Local Rule; 2) The Court issues this Order resolving non-dispositive, post-judgment matters under the District Judge's referral, which the Court considers made under 28 U.S.C. 636(b)(3) (See Order for Details). The matter is appealable to Judge Bertelsman. A party objecting must file same w/in 14 days of Order entry. Failure to object waives a party's right to review. Signed by Magistrate Judge Robert E. Wier on 1/4/2017.(ECO)cc: COR, cc mailed to Atty Jean McCoy. Modified text to add cc on 1/5/2017 (ECO).
January 4, 2017 Opinion or Order Filing 1186 ORDER: The Court GRANTS #1185 Motion to Appear Pro Hac Viceand permits Hon. Jean Goeppinger McCoy to serve as pro hac vice for Collection Defs. Signed by Magistrate Judge Robert E. Wier on 1/4/2017. (ECO)cc: COR w/copy of Mandatory ECF General Order & ECF Registration form to AttyMcCoy
January 4, 2017 BAR STATUS Check completed as to Jean Goeppinger McCoy re #1185 MOTION for Jean Geoppinger McCoy to Appear Pro Hac Vice by Unknown Others (Collection Defendants) ( Filing fee $125; receipt number 0643-3684714). (ECO)
January 4, 2017 ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #1185 MOTION for Jean Geoppinger McCoy to Appear Pro Hac Vice by Unknown Others (Collection Defendants) ( Filing fee $125; receipt number 0643-3684714) (ECO)
January 4, 2017 ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #1181 MOTION for Extension of Time to File Response/Reply as to #1160 MOTION for Judgment by Linda G. Holt , Judith Prewitt, Cynthia Roeder, and Elizabeth Osborn by Unknown Others , #1182 MOTION for Extension of Time by Anthony Allen Griffin, Dana L. Griffin, Denise Ann Griffin, John Christian Griffin, Joseph Scott Griffin, Joyce Griffin, Juanita Griffin, Marcus D. Griffin, Mitchell Dehlinger Griffin, Toby Andrew Griffin, Traci Lynn (ECO)
January 3, 2017 Filing 1185 MOTION for Jean Geoppinger McCoy to Appear Pro Hac Vice by Unknown Others (Collection Defendants) ( Filing fee $125; receipt number 0643-3684714)Motions referred to Robert E. Wier. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Proposed Order)(Kamp, David)
January 3, 2017 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #1181 MOTION for Extension of Time to File Response/Reply as to #1160 MOTION for Judgment by Linda G. Holt , Judith Prewitt, Cynthia Roeder, and Elizabeth Osborn by Unknown Others , #1182 MOTION for Extension of Time by Anthony Allen Griffin, Dana L. Griffin, Denise Ann Griffin, John Christian Griffin, Joseph Scott Griffin, Joyce Griffin, Juanita Griffin, Marcus D. Griffin, Mitchell Dehlinger Griffin, Toby Andrew Griffin, Traci Lynn (ECO)
December 30, 2016 Filing 1184 REPLY to Response to Motion re #1182 MOTION for Extension of Time by Anthony Allen Griffin, Dana L. Griffin, Denise Ann Griffin, John Christian Griffin, Joseph Scott Griffin, Joyce Griffin, Juanita Griffin, Marcus D. Griffin, Mitchell Dehlinger Griffin, Toby Andrew Griffin, Traci Lynn, #1181 MOTION for Extension of Time to File Response/Reply as to #1160 MOTION for Judgment by Linda G. Holt , Judith Prewitt, Cynthia Roeder, and Elizabeth Osborn by Unknown Others (Collection Defendants) filed by Unknown Others. (Kamp, David)
December 23, 2016 Filing 1183 RESPONSE to Motion re #1182 MOTION for Extension of Time by Anthony Allen Griffin, Dana L. Griffin, Denise Ann Griffin, John Christian Griffin, Joseph Scott Griffin, Joyce Griffin, Juanita Griffin, Marcus D. Griffin, Mitchell Dehlinger Griffin, Toby Andrew Griffin, Traci Lynn, #1181 MOTION for Extension of Time to File Response/Reply as to #1160 MOTION for Judgment by Linda G. Holt , Judith Prewitt, Cynthia Roeder, and Elizabeth Osborn by Unknown Others filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Wicker, J.)
December 16, 2016 Filing 1182 MOTION for Extension of Time by Anthony Allen Griffin, Dana L. Griffin, Denise Ann Griffin, John Christian Griffin, Joseph Scott Griffin, Joyce Griffin, Juanita Griffin, Marcus D. Griffin, Mitchell Dehlinger Griffin, Toby Andrew Griffin, Traci Lynn Griffin, Michael Kautzman to Respond to Plaintiffs' Motion for Judgment Under Supplemental Petition to Satisfy Judgment Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order Granting Motion for Extension of Time)(Kamp, David)
December 16, 2016 Filing 1181 MOTION for Extension of Time to File Response/Reply as to #1160 MOTION for Judgment by Linda G. Holt , Judith Prewitt, Cynthia Roeder, and Elizabeth Osborn by Unknown Others Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order Granting Motion to Extend Time to Respond to Plaintiffs' Motion for Judgment Under Supplemental Petition to Satisfy Judgment (Doc. No. 1160))(Taggart, Carolyn)
December 16, 2016 Filing 1180 MOTION to Dismiss by Anthony Allen Griffin, Dana L. Griffin, Denise Ann Griffin, John Christian Griffin, Joseph Scott Griffin, Joyce Griffin(Irrevocable Life Insurance Trust), Juanita Griffin, Marcus D. Griffin, Mitchell Dehlinger Griffin, Toby Andrew Griffin, Traci Lynn Griffin, Michael Kautzman Supplemental Petition to Satisfy Judgment (Lack of Jurisdiction, Failure to State a Claim, Statute of Limitations) (Attachments: #1 Proposed Order Granting Motion to Dismiss)(Kamp, David)
December 16, 2016 Filing 1179 MOTION to Dismiss by Unknown Others Plaintiffs' Supplemental Petition to Satisfy Judgment (Attachments: #1 Proposed Order Granting Motion to Dismiss Plaintiffs' Supplemental Petition to Satisfy Judgment)(Taggart, Carolyn)
November 22, 2016 Opinion or Order Filing 1178 ORDER of USCA as to [1140, 1141, 1142] Notice of Appeal: Motion for Clarification is GRANTED. Motion to Expedite is GRANTED. The Defendants' brief is due on or before 3 business days from entry of this order. Plaintiffs shall then have 30 days to file their brief(s), and the Defendants shall have 14 days to file any reply. No extensions shall be granted absent extraordinary circumstances. The case shall then be assigned to an oral argument calendar. The motion to stay is DENIED. (Attachments: #1 cover letter)(TJZ)
November 15, 2016 Opinion or Order Filing 1177 ORDER: Plaintiffs' motion to seal #1164 is DENIED. Signed by Magistrate Judge Robert E. Wier on 11/15/2016. (TJZ)cc: COR
November 10, 2016 ***FILE SUBMITTED TO CHAMBERS of Robert E. Wier for review: #1171 Order, #1176 RESPONSE in Support of Sealing, (ECO)
November 9, 2016 Filing 1176 RESPONSE to #1171 In Support Of Sealing filed by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin(Individually). (Attachments: #1 Exhibit A (Part One) Exemplars Of The Produced Documents Bearing Confidentiality Labels, #2 Exhibit A (Part Two) Exemplars Of The Produced Documents Bearing Confidentiality Labels)(Callow, Joseph)
November 7, 2016 Opinion or Order Filing 1175 STIPULATION AND AGREED ORDER REGARDING WAIVER OF SERIVCE AND DEADLINE FOR COLLECTION DEFENDANTS TO FILE RESPONSE: 1. Undersigned counsel for Collection Defendants accepts service of the Supplemental Petition and the Motion for Judgment for each of the Collection Defendants and waives any objections to the absence of a Summons or the service of Summons, the Supplemental Petition or the Motion for Judgment; 2. Stipulation does not prejudice any defenses/objections that Collection Defendants may have to the Supplemental Petition/Motion for Judgment; 3. The Collection Defendants shall file and serve an answer or motion in response to the Supplemental Petition and to the Motion for Judgment by 12/16/2016.. Signed by Magistrate Judge Robert E. Wier on November 7, 2016. (AB)cc: COR
November 7, 2016 ***FILE SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #1174 Proposed Agreed Order/Stipulation Regarding Waiver of Service and Deadline for Collection Defendants to File Response by Dennis B. Griffin Revocable Trust - 2012, John M. Griffin(Individually), Martom Properties, LLC (ECO) Modified text on 11/7/2016 (ECO).
November 4, 2016 Filing 1174 Proposed Agreed Order/Stipulation Regarding Waiver of Service and Deadline for Collection Defendants to File Response by Dennis B. Griffin Revocable Trust - 2012, John M. Griffin(Individually), Martom Properties, LLC. (Callow, Joseph)
November 2, 2016 Opinion or Order Filing 1173 ORDER: Defendants' motion to stay pending appeal is DENIED. Signed by Judge William O. Bertelsman on 11/2/2016.(TJZ)cc: COR
November 1, 2016 Opinion or Order Filing 1172 ORDER: Counsel have advised Chambers that the parties resolved the dispute, the Court CANCELS today's telephonic conference. Signed by Magistrate Judge Robert E. Wier on 11/1/2016.(TJZ)cc: COR
November 1, 2016 Opinion or Order Filing 1171 ORDER: Defendants SHALL file any justification re [1160-2, 1160-3, 1160-4, 1160-5], responsive to the specific concerns in the Sixth Circuit's relevant case law, by no later than 11/9/2016. The matter will then stand ripe for review. Signed by Magistrate Judge Robert E. Wier on 10/31/2016.(TJZ)cc: COR
October 27, 2016 Filing 1170 NOTICE by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin(per Order DE #709 ), John M. Griffin(Individually), Martom Properties, LLC of parties' briefing on remanded Motion for Stay Pending Appeal (Attachments: #1 Tab A, #2 Tab B, #3 Tab C, #4 Tab D, #5 Tab E, #6 Tab F, #7 Tab G, #8 Tab H)(Garre, Gregory)
October 27, 2016 Filing 1169 LETTER from 6CCA transferring defendants' motion to stay pending appeal. (Attachments: #1 motion to stay pending appeal)(TJZ)
October 27, 2016 Opinion or Order Filing 1168 ORDER of USCA as to #1142 Notice of Appeal, filed by Martom Properties, LLC, #1139 Notice of Appeal, filed by Dennis B. Griffin Revocable Trust - 2012, John M. Griffin, Anthony A. Griffin, #1140 Notice of Appeal, filed by Martom Properties, LLC, #1141 Notice of Appeal, filed by Dennis B. Griffin Revocable Trust - 2012, John M. Griffin, Anthony A. Griffin. Defendants motion for a stay is denied and remanded to the district court in order for the district court to consider whether a stay is appropriate. (Attachments: #1 letter)(TJZ)
October 19, 2016 Opinion or Order Filing 1167 ORDER: 1) By 10/26/2016, at 12:00 p.m. (noon), the affected parties SHALL submit (not file) brief (maximum 2 pages) letters outlining their position on the discovery dispute. These letters must be in PDF, DOC, WPD, or TXT format and should be provided to Chambers by email (weir_chambers@kyed.uscourts.gov). Counsel shall copy opposing counsel. Counsel shall additionally submit any relevant, but targeted, portions of filings or other documents directly concerning the dispute. 2) The Court SCHEDULES a TELEPHONEIC CONFERENCE, for counsel only, on 11/1/2016 at 04:00 PM in LEXINGTON. Prior to the telephonic conference, the Court will send an email to all counsel of record with the telephone number, access code, and security code to utilize, and counsel must call into the conference and be ready to proceed on the date and at the time designated. At least one lead counsel with authority to speak for the involved party must participate. 3) In advance of the call, the parties shall continue to confer (i.e, actually talk with one another) in an effort to reach an agreed resolution. They shall promptly advise the Court if the scope of the call narrows or if the call is not needed. 4) The Court will utilize the electronic sound (digital audio) recording system as the record for this call.. Signed by Magistrate Judge Robert E. Wier on 10/19/2016.(ECO)cc: COR
October 13, 2016 Filing 1166 Summons Issued as to Dana L. Griffin; Summons issued and returned to counsel electronically (ECO)
October 13, 2016 Filing 1165 NOTICE OF FILING by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder re #1159 Notice of Filing, Summons (Attachments: #1 Summons)(Wicker, J.)
October 13, 2016 ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #1164 MOTION for leave to Seal a Document #1160 MOTION for Judgment by Linda G. Holt , Judith Prewitt, Cynthia Roeder, and Elizabeth Osborn by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder (ECO)
October 12, 2016 Filing 1164 MOTION for leave to Seal a Document #1160 MOTION for Judgment by Linda G. Holt , Judith Prewitt, Cynthia Roeder, and Elizabeth Osborn by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order)(Wicker, J.)
October 12, 2016 Filing 1162 NOTICE by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder of Subpoena Duces Tecum (Attachments: #1 Subpoena)(Wicker, J.)
October 8, 2016 Filing 1160 MOTION for Judgment by Linda G. Holt , Judith Prewitt, Cynthia Roeder, and Elizabeth Osborn (Attachments: #1 Memorandum in Support, #2 Exhibit A -- Marcotte Affidavit, #3 Exhibit B -- Knappick Affidavit, #4 Exhibit C -- Lange Affidavit, #5 Exhibit D -- Samwaru Affidavit, #6 Proposed Order)(Wicker, J.)
October 7, 2016 Filing 1163 Summons Issued as to Anthony Allen Griffin, Anthony A. Griffin, Bradie N. Griffin, Brian J. Griffin, Chelsea R. Griffin, Christopher A. Griffin, Dana L. Griffin, Denise Ann Griffin, Dennis B. Griffin(Irrevocable Life Insurance Trust), Dennis B. Griffin(and Joyce Griffin Irrevocable Life Insurance Trust), Dennis B. Griffin(Grantor Retained Annuity Trust II, Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), Jessica M. Griffin, John Christian Griffin, John M. Griffin(and Juanita Griffin Irrevocable Life Insurance Trust), Jon Marcus Griffin, Jordan Griffin, Joseph Scott Griffin, Joyce Griffin(Irrevocable Life Insurance Trust), Joyce Griffin, Juanita Griffin, Juanita M. Griffin, Marcus D. Griffin, Martin Griffin, Michael Robert Griffin, Mitchell Dehlinger Griffin, Renee Lynn Griffin, Robert A. Griffin(Grantor Retained Annuity Trust II, Retained Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), Robert A. Griffin(Dismissed per Memorandum Opinion & Order at DE #590 ), Stephanie N. Griffin, Thomas Griffin, Toby A. Griffin, Toby Andrew Griffin, Traci Lynn Griffin, Dennis B. Griffin (Trust), Michael Kautzman, Traci G. Kautzman, Houston Griffin Mackinder; Summons issued and returned to counsel electronically (ECO)
October 7, 2016 Filing 1159 NOTICE OF FILING/PLAINTIFF'S SUPPLEMENTAL PETITION TO SATISFY JUDGMENT by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder Plaintiffs' Supplemental Petition to Satisfy Judgment (Attachments: #1 Summons)(Trout, Eva) Modified to better describe document on 10/11/2016 (ECO).
October 6, 2016 Filing 1161 USM Process Receipt and Return of Writ of Execution as to John M. Griffin: No one was home at the above address and the attorney's did not want to force entry. Process forwarded to DIC B. Hilsinger. (ECO)
September 7, 2016 Filing 1158 NOTICE of REDACTED Subpoena Duces Tecum by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Exhibit 1 - Citizens Federal Subpoena, #2 Exhibit 2 - BNY Mellon Subpoena, #3 Exhibit 3 - Baird and Co Subpoena, #4 Exhibit 4 - UBS Subpoena, #5 Exhibit 5 - Peoples Bank Subpoena, #6 Exhibit 6 - First Security Subpoena)(Wicker, J.) Modified text to add "REDACTED" on 9/8/2016 (ECO).
September 7, 2016 Clerk's Note: re #1157 Notice of Filing. Attorney's office called advising Clerk that personal identifiers were not redacted. Attorney refilling redacted documents. (ECO)
September 6, 2016 Filing 1157 NOTICE by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder of Subpoenas Duces Tecum (Attachments: #1 Exhibit 1 - Subpoena Citizens Federal, #2 Exhibit 2 - Subpoena BNY Mellon, #3 Exhibit 3 - Subpoena Baird & Co, #4 Exhibit 4 - Subpoena UBS, #5 Exhibit 5 - Subpoena Peoples Bank, #6 Exhibit 6 - Subpoena First Security Bank)(Wicker, J.)
August 31, 2016 Filing 1156 SEALED DOCUMENT Sealed pursuant to #1155 EX PARTE ORDER (ECO)
August 31, 2016 Opinion or Order Filing 1155 EX PARTE ORDER: cc: to Filing Attorney only: service by U.S. Mail on paper. Signed by Magistrate Judge Robert E. Wier on 8/30/2016.(ECO)
August 30, 2016 Filing 1154 SEALED DOCUMENT Sealed pursuant to #1153 EXPARTE ORDER (ECO)
August 30, 2016 Opinion or Order Filing 1153 EX PARTE ORDER: cc: to Filing Attorney only: service by U.S. Mail on paper. Signed by Magistrate Judge Robert E. Wier on 8/30/2016. (ECO)cc: COR
August 25, 2016 ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #1152 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (ECO)
August 24, 2016 Filing 1152 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder, Elizabeth A. Osborn. Motions referred to Robert E. Wier. (Attachments: #1 Exhibit Ex Parte Attachment, #2 Proposed Order)(Knappick, Justin) Modified text on 8/25/2016 (ECO).
August 24, 2016 Filing 1151 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 8/24/2016. before Magistrate Judge Robert E. Wier: Counsel advised all current discovery issues are resolved. Parties raised the topic of service/notice of third-party subpoenas. Plaintiffs' counsel took responsibility for a recent lapse in compliance. Court reiterated the Rule 45(a)(4) obligation, which counsel acknowledged. (Tape #KYED-LEX__2-11-cv-89-WOB-REW_20160824_104848). (TJZ)cc: COR
August 22, 2016 Opinion or Order Filing 1150 ORDER of USCA: GRANTING motion to consolidate #11 and [5589556-2]. Cases consolidated for briefing and submission re: #1142 Notice of Appeal filed by Martom Properties, LLC, #1139 Notice of Appeal,,, filed by Dennis B. Griffin Revocable Trust - 2012, John M. Griffin, Anthony A. Griffin, #1140 Notice of Appeal,,, filed by Martom Properties, LLC, #1141 Notice of Appeal,,, filed by Dennis B. Griffin Revocable Trust - 2012, John M. Griffin, Anthony A. Griffin (Attachments: #1 6CCA Cover Letter)(ECO)
August 18, 2016 Filing 1149 NOTICE by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder of Subpoenas Duces Tecum (Attachments: #1 Exhibit 1 - Charles Schwab Subpoena, #2 Exhibit 2 - Fifth Third Subpoena, #3 Exhibit 3 - PNC Subpoena, #4 Exhibit 4 - AMG Subpoena, #5 Exhibit 5 - PNC Hawthorn Subpoena, #6 Exhibit 6 - Veritable Subpoena)(Wicker, J.)
August 18, 2016 Opinion or Order Filing 1148 ORDER: 1) The Court GRANTS #1143 JOINT MOTION for Order. The primary purpose of the call will be to explore efficient resolution of perceived contentions and to set an accelerated briefing schedule. Plfs have a judgment and are entitled to explore means of collection, and the Court will probe the controversy and map out a path toward resolution. 2) The Court SCHEDULES a TELEPHONIC CONFERENCE, for counsel only, on 8/24/2016 at 11:00 AM in LEXINGTON. Prior to the telephonic conference, the Court will send and email to all counsel of record with the telephone number, access code, and security code to utilize, and counsel must call into the conference and be ready to proceed on the date and at the time designated. At least one lead counsel with authority to speak for the involved party must participate. 3) In advance of the call, parties shall confer (i.e, actually talk with one another) in an effort to reach an agreed resolution or narrow the issues for the conference. They shall promptly advise the Court if the call is note needed. 4) The Court will utilize the electronic sound (digital audio) recording system as the record for this case. Signed by Magistrate Judge Robert E. Wier on 8/18/2016.(ECO)cc: COR
August 17, 2016 Filing 1147 RESPONSE in Opposition re #1143 JOINT MOTION for Order by Linda G. Holt to Set Teleconference filed by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin. (Attachments: #1 Exhibit 1, DBG Estate's Resps. to Reqs. from Roeder, #2 Exhibit 2, DBG Estate's Resps. to Reqs. from Prewitt, #3 Exhibit 3, DBG Estate's Resps. to Reqs. from Holt, #4 Exhibit 4, John M. Griffin's Resps. to Reqs. from Roeder, #5 Exhibit 5, John M. Griffin's Resps. to Reqs. from Prewitt, #6 Exhibit 6, John M. Griffin's Resps. to Reqs. from Holt, #7 Exhibit 7, DBG Trust's Resps. to Reqs. from Roeder, #8 Exhibit 8, DBG Trust's Resps. to Reqs. from Prewitt, #9 Exhibit 9, DBG Trust's Resps. to Reqs. from Holt, #10 Exhibit 10, July 21 Letter from Wicker re John M. Griffin's Resps., #11 Exhibit 11, July 21 Letter from Wicker re DBG Estate's Resps., #12 Exhibit 12, July 29 Letter from Hankinson re John M. Griffin's Resps., #13 Exhibit 13, July 29 Letter from Hankinson re DBG Estate's Resps., #14 Exhibit 14, June 3 Email Chain Among Counsel)(Callow, Joseph)
August 16, 2016 Filing 1146 CLERK'S TAXATION OF COSTS in amount of $21,295.00 (plaintiff Osborn) and $25,525.53 (Holt plaintiffs) against Defendants. cc: COR (ECO) Modified to better described document on 8/17/2016 (ECO).
August 15, 2016 Filing 1145 ANSWER to Writ of Garnishment by Baird. (Attachments: #1 Cover Letter to Clerk)(ECO)
August 12, 2016 Opinion or Order Filing 1144 ORDER: Defs to respond by no later than 8/17/2016 re #1143 JOINT MOTION for Order. The motion will then stand submitted for consideration. Signed by Magistrate Judge Robert E. Wier on 8/12/2016.(ECO)cc: COR
August 11, 2016 Filing 1143 JOINT MOTION for Order by Linda G. Holt, Elizabeth Osborn, Judith Prewitt, Cynthia Roeder to Set Teleconference Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order)(Trout, Eva) Modified text to add additional filers on 8/12/2016 (ECO).
August 8, 2016 USCA Case Number 16-6221 Case Manager Patricia J. Elder for #1139 Notice of Appeal filed by Dennis B. Griffin Revocable Trust - 2012, John M. Griffin, Anthony A. Griffin. (Retrieved from website). (ECO) Modified text on 8/8/2016 (ECO).
August 8, 2016 USCA Case Number 16-6226 Case Manager Patricia J. Elder for #1141 Notice of Appeal filed by Dennis B. Griffin Revocable Trust - 2012, John M. Griffin, Anthony A. Griffin. (Retrieved from website). (ECO)
August 8, 2016 USCA Case Number 16-6225 Case Manager Patricia J. Elder for #1140 Notice of Appeal filed by Martom Properties, LLC. (Retrieved from website). (ECO)
August 8, 2016 USCA Case Number 16-6227 Case Manager Patricia J. Elder for #1142 Notice of Appeal filed by Martom Properties, LLC. (Retrieved from website). (ECO)
August 2, 2016 Filing 1142 NOTICE OF APPEAL as to #590 Memorandum Opinion & Order, Terminate Motions, Set Hearings, #612 Order on Motion for Reconsideration, Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion for Order, Motion Hearing, Set Deadlines, Set Hearings, #759 Order, #863 Judgment, #797 Order on Sealed Motion, #774 Order on Motion to Exclude, Terminate Motions, Motion Hearing, #790 Order on Motion to Dismiss, Order on Motion to Amend/Correct, Order on Motion for Leave, #1131 Memorandum Opinion & Order, Terminate Motions, #856 Findings of Fact & Conclusions of Law, Order, Terminate Motions, Set Deadlines, #761 Order on Motion in Limine, Order on Motion for Order, Order on Motion to Exclude, Order on Motion for Hearing, Order on Motion to Substitute Party, Motion Hearing, Terminate Hearings, by Martom Properties, LLC, Martom Properties, LLC. Filing fee $ 505, receipt number 0643-3549967. (Callow, Joseph) Modified to clean up extra text on 8/3/2016 (ECO).
August 2, 2016 Filing 1141 NOTICE OF APPEAL as to #590 Memorandum Opinion & Order, Terminate Motions, Set Hearings, #612 Order on Motion for Reconsideration, Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion for Order, Motion Hearing, Set Deadlines, Set Hearings, #759 Order, #863 Judgment, #797 Order on Sealed Motion, #774 Order on Motion to Exclude, Terminate Motions, Motion Hearing, #1131 Memorandum Opinion & Order, Terminate Motions, #856 Findings of Fact & Conclusions of Law, Order, Terminate Motions, Set Deadlines, #761 Order on Motion in Limine, Order on Motion for Order,, Order on Motion to Exclude, Order on Motion for Hearing, Order on Motion to Substitute Party,, Motion Hearing, Terminate Hearings, by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin. Filing fee $ 505, receipt number 0643-3549895. (Garre, Gregory) Modified to clean up extra text on 8/3/2016 (ECO).
August 2, 2016 Filing 1140 NOTICE OF APPEAL as to #590 Memorandum Opinion & Order, Terminate Motions, Set Hearings #612 Order on Motion for Reconsideration, Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion for Order,, Motion Hearing, Set Deadlines, Set Hearings #759 Order, #863 Judgment, #797 Order on Sealed Motion, #774 Order on Motion to Exclude, Terminate Motions, Motion Hearing, #790 Order on Motion to Dismiss, Order on Motion to Amend/Correct, Order on Motion for Leave, #1131 Memorandum Opinion & Order, Terminate Motions, #856 Findings of Fact & Conclusions of Law, Order, Terminate Motions, Set Deadlines #761 Order on Motion in Limine, Order on Motion for Order, Order on Motion to Exclude, Order on Motion for Hearing, Order on Motion to Substitute Party,, Motion Hearing, Terminate Hearings, by Martom Properties, LLC, Martom Properties, LLC. Filing fee $ 505, receipt number 0643-3549934. (Callow, Joseph) Modified to clean up extra text on 8/3/2016 (ECO).
August 2, 2016 Filing 1139 NOTICE OF APPEAL as to #863 Judgment, #590 Memorandum Opinion & Order, Terminate Motions, #612 Order on Motion for Reconsideration, Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion for Order, #759 Order, #797 Order on Sealed Motion, #774 Order on Motion to Exclude, Terminate Motions, Motion Hearing, #1131 Memorandum Opinion & Order, Terminate Motions, #856 Findings of Fact & Conclusions of Law, Order, #761 Order on Motion in Limine, Order on Motion for Order, Order on Motion to Exclude, Order on Motion for Hearing, Order on Motion to Substitute Party, by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin. Filing fee $ 505, receipt number 0643-3549772. (Garre, Gregory) Modified to added link to DE #863 as indicated in the Notice of Appeal on 8/2/2016 (KJR).
August 2, 2016 Opinion or Order Filing 1138 MEMORANDUM OPINION AND ORDER: 1) Def John M. Griffin's motion for an order discharging exempt individual retirement account from garnishment #1110 is GRANTED; and 2) Def John M. Griffin's expedited motion for order approving deposits #1064 is DENIED AS MOOT in light of the parties' Escrow Agreement #1125 . Signed by Judge William O. Bertelsman on 8/2/2016.(ECO)cc: COR
August 2, 2016 ***FILE SUBMITTED TO Robert Carr of for review: #1067 BILL OF COSTS by Elizabeth A. Osborn , #1079 BILL OF COSTS by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (ECO)
July 28, 2016 Filing 1137 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
July 28, 2016 Filing 1136 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
July 28, 2016 Filing 1135 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
July 28, 2016 Filing 1134 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. Motions referred to Robert E. Wier. (ECO)
July 28, 2016 Filing 1133 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. Motions referred to Robert E. Wier. (ECO)
July 28, 2016 Filing 1132 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. Motions referred to Robert E. Wier. (ECO)
July 26, 2016 Opinion or Order Filing 1131 MEMORANDUM OPINION & ORDER: That Defs' expedited motion for amended or additional findings, amended judgment, and/or a new trial #1059 is DENIED. Signed by Judge William O. Bertelsman on 7/26/2016.(ECO)cc: COR
July 26, 2016 Filing 1130 SEALED REPLY TO RESPONSE TO MOTION by John M. Griffin re #1127 Response in Opposition to Motion, #55 Protective Order, re #1110 MOTION for Order by John M. Griffin Discharging Exempt Individual Retirement Account From Garnishment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Filed pursuant to QC DE #1129 ).(ECO)
July 25, 2016 Filing 1129 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #1110 MOTION for Order by John M. Griffin Discharging Exempt Individual Retirement Account From Garnishment, #55 Protective Order, Terminate Motions by John M. Griffin (Attachments: #1 Exhibit A (Declaration of John M. Griffin), #2 Exhibit B (7/6 Email Correspondence), #3 Exhibit C (7/12 Email Correspondence), #4 Exhibit D (Griffin Industries, Inc. Report), #5 Exhibit E (7/19 Email Correspondence)) (Callow, Joseph)
July 22, 2016 NOTICE OF DOCKET MODIFICATION TO J. Kent Wicker re #1128 Notice; Error: attachment was insufficiently described as "Exhibit." Entry by attorney; Correction: the Clerk renamed the attachement. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (ECO)
July 21, 2016 Filing 1128 NOTICE of Subpoena Duces Tecum by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Exhibit-Subpoena to Custodian of Records)(Wicker, J.) Modified to better described exhibit on 7/22/2016 (ECO). Modified text on 7/25/2016 (TJZ).
July 18, 2016 Filing 1127 RESPONSE in Opposition re #1110 MOTION for Order by John M. Griffin Discharging Exempt Individual Retirement Account From Garnishment filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Wicker, J.)
July 13, 2016 Opinion or Order Filing 1126 ORDER: 1) All monies deposited in this case shall be invested in the Court Registry Investment System; 2) That pursuant to the directive of the Judicial Conference of the United States, the Clerk shall deduct a Registry Fee equal to 10% of the interest earned for the first 5 years, 7.5% for the next 5 years, 5% for the next 5 years and no less than 2% thereafter. In addition to the aforementioned fees and pursuant to the Court's Miscellaneous Fee Schedule, a fee at a rate of 2.5 basis points shall be assessed from interest earnings for management of registry funds invested through the Court Registry Investment System; and 3) That all fees shall be deducted prior to the disbursement of funds without further orders of the Court. Signed by Judge William O. Bertelsman on 7/13/2016.(ECO)cc: COR
July 11, 2016 Filing 1125 NOTICE OF FILING by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder re #1123 Notice of Filing, Executed Escrow Agreement (Attachments: #1 Exhibit 1 - Executed Escrow Agreement)(Wicker, J.)
July 11, 2016 Opinion or Order Filing 1124 AGREED ORDER: Plfs shall have through and including 7/18/2016, to file their Response to Def John M. Griffin's Motion for Order Discharging Exempt Individual Retirement Account from Garnishment #1110 . Signed by Judge William O. Bertelsman on 7/11/2016.(ECO)cc: COR
July 11, 2016 ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #1122 Proposed Agreed Order/Stipulation for Extension of Time by Elizabeth A. Osborn (ECO)
July 8, 2016 Filing 1123 NOTICE OF FILING of Escrow Agreement by Linda G. Holt (Attachments: #1 Exhibit 1-Escrow Agreement, #2 Exhibit A to Escrow Ageement, #3 Exhibit Exhibit A -1 to Escrow Agreement) (Filed pursuant to QC DE 150 in Member Case 2:13-cv-32-WOB-REW).(ECO)
July 8, 2016 Filing 1122 Proposed Agreed Order/Stipulation for Extension of Time by Elizabeth A. Osborn. (Jakubowicz, Janet)
July 7, 2016 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #1059 MOTION for New Trial by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC Seeking Amended or Additional Filings, Amended Judgment, And/Or New Trial MOTION to Alter Judgment (ECO)
July 5, 2016 Filing 1121 REPLY to Response to Motion re #1059 MOTION for New Trial by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC Seeking Amended or Additional Filings, Amended Judgment, And/Or New Trial MOTION to Alter Judgment filed by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC. (Attachments: #1 Exhibit Plaintiffs' Trial Exhibit 110)(Callow, Joseph)
June 28, 2016 Opinion or Order Filing 1120 ORDER: that the foregoing ddls re: #1108 be extended by 2 weeks. Accordingly, the Escrow Agreement shall be approved by the parties and the Court on or before 7/8/2016. Def John M. Griffin shall cause the mortgage to PNC Bank, and all other liens, other than Plfs' judgment lien and liens for real estate taxes that are not yet due, to be removed from all assets which are the subject of the Agreed Stay Order #1108 on or before 7/8/2016. Signed by Judge William O. Bertelsman on 6/28/2016.(ECO)cc: COR Modified to create link on 6/28/2016 (ECO).
June 24, 2016 Opinion or Order Filing 1119 AGREED ORDER: re: #1112 / #1113 - See Order for Details - Parties to comply with paragraphs 1 - 4 of Order. Signed by Judge William O. Bertelsman on 6/24/2016.(ECO)cc: COR Modified to add links on 6/27/2016 (ECO).
June 24, 2016 Filing 1118 Proposed Agreed Order/Stipulation Regarding Extending Deadlines by John M. Griffin. (Callow, Joseph)
June 24, 2016 Filing 1117 JOINT STATUS REPORT Regarding Agreed Order and Injunction by John M. Griffin, Cynthia Roeder, Judith Prewitt, Elizabeth Osborn and Linda Holt . (Callow, Joseph) Modified to add plfs as filers on 6/24/2016 (ECO).
June 24, 2016 ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #1118 Proposed Agreed Order/Stipulation Regarding Extending Deadlines by John M. Griffin, #1117 Joint Status Report (ECO)
June 23, 2016 Filing 1116 Proposed Agreed Order/Stipulation by Juanita M. Griffin. (Storm, Beverly)
June 23, 2016 Filing 1115 JOINT STATUS REPORT by Juanita M. Griffin, Elizabeth Osborn, Judith Prewitt, Cynthia Roeder, Linda Holt (Storm, Beverly) Modified to add Plfs as filers on 6/23/2016 (ECO).
June 23, 2016 ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #1115 Status Report, #1116 Proposed Agreed Order/Stipulation by Juanita M. Griffin (ECO)
June 21, 2016 Opinion or Order Filing 1114 ORDER: That the parties shall immediately confer and attempt to resolve this objection #1112 . The parties shall advise the Court whether such effort was successful by a joint status report filed on or before 6/24/2016. Signed by Judge William O. Bertelsman on 6/21/2016.(ECO)cc: COR
June 21, 2016 Filing 1113 MOTION for Hearing re #1112 Objection to Order of Garnishment by Juanita M. Griffin, Other Party. (Attachments: #1 Exhibit A-Fifth Third Bank Order of Garnishment, #2 Exhibit B-Affidavit of Juanita M. Griffin) Filed pursuant to QC DE #1112 (ECO) Modified underline on 6/22/2016 (ECO).
June 21, 2016 NOTICE OF DOCKET MODIFICATION TO Frank Tremper re #1112 Objection; Error: This is an objection AND a motion. The pleadings were filed only a an objection when the document should be filed as two separate entries; Entry by attorney; Clerk re-filed the pleading as a Motion #1113 . In the future, when filing multiple pleadings within one filing, please refer to the ECF User Manual 'Filing Other Types of Documents' for the correct procedure. No further steps required by counsel. cc: COR (ECO)
June 20, 2016 Filing 1112 OBJECTIONS to Order of Garnishment filed by Juanita M. Griffin. (Attachments: #1 Exhibit Order of Garnishment, #2 Affidavit Affidavit of Juanita M. Griffin)(Tremper, Frank)
June 20, 2016 Filing 1111 ANSWER to Writ of Garnishment by PNC Bank. (Attachments: #1 Envelope from PNC Bank post marked 6/17/16)(ECO)
June 17, 2016 Filing 1110 MOTION for Order by John M. Griffin Discharging Exempt Individual Retirement Account From Garnishment. (Attachments: #1 Exhibit Affidavit of Todd Sander, #2 Proposed Order)(Callow, Joseph) Modified to take out referral language on 6/20/2016 (ECO).
June 17, 2016 Filing 1109 RESPONSE in Opposition re #1059 MOTION for New Trial by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC Seeking Amended or Additional Filings, Amended Judgment, And/Or New Trial MOTION to Alter Judgment filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Proposed Order)(Lewis, Benjamin)
June 17, 2016 Opinion or Order Filing 1108 AGREED ORDER AND INJUNCTION: (See Order for Details). Signed by Judge William O. Bertelsman on 6/17/2016. (Attachments: #1 Schedule A-Real Estate, #2 Schedule B-Vehicles, #3 Certificate of Service)(TJZ)cc: COR
June 17, 2016 Filing 1107 Proposed Agreed Order/Stipulation Regarding Motion for Partial Stay, Docket Number 1064 by John M. Griffin. (Callow, Joseph)
June 13, 2016 Opinion or Order Filing 1106 ORDER: Upon motion of the plaintiffs #1102 , the Order of Garnishment (Non-Wage) entered as to Martom Properties, LLC is released. Signed by Judge William O. Bertelsman on 6/13/2016. (TJZ)cc: COR
June 10, 2016 Filing 1105 TRANSCRIPT of Proceedings: MOTION HEARING held on 6/6/2016 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: Joseph Callow, Esq.. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 7/5/2016. Redacted Transcript Deadline set for 7/14/2016. Release of Transcript Restriction set for 9/12/2016.
June 10, 2016 Filing 1104 ANSWER to Writ of Garnishment by PNC Bank. (ECO)
June 10, 2016 Filing 1103 ANSWER to Writ of Garnishment by PNC Bank. (Attachments: #1 Envelope from PNC Bank)(ECO)
June 10, 2016 Filing 1102 MOTION to Withdraw by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder Orders of Garnishment as to Martom Properties, LLC . (Attachments: #1 Proposed Order)(Wicker, J.) Modified text to take out referral language on 6/10/2016 (ECO).
June 10, 2016 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #1102 MOTION to Withdraw by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder Orders of Garnishment as to Martom Properties, LLC (ECO)
June 8, 2016 Filing 1101 ANSWER to Writ of Garnishment by Fifth Third Bank. (Attachments: #1 Envelope from Fifth Third Bank - UPS Ground)(ECO)
June 8, 2016 Filing 1100 NOTICE OF MANDATORY ECF DIRECTED TO Gregory G. Garre, a non-registered attorney re #1099 Order had to be MAILED TO a non-registered attorney, which is in direct violation of this court's General Orders re: Mandatory ECF. Failure to comply will result in this matter being submitted to the Chief Judge. cc: COR, cc mailed to Gregory G. Garre (ECO)
June 8, 2016 Opinion or Order Filing 1099 ORDER: 1) The Clerk shall cause the $7,930.000.00 deposited in this case to be invested in the Court Registry Investment System; 2) Pursuant to the directive of the Judicial Conference of the United States, the Clerk shall deduct a Registry Fee (see Order for details); 3) That all fees shall be deducted prior to the disbursement of funds without further orders of the Court. Signed by Judge William O. Bertelsman on 6/8/2016.(ECO)cc: COR w/copy mailed to Atty Gregory Garre
June 8, 2016 Filing 1098 ANSWER to Writ of Garnishment by PNC Bank. (Attachments: #1 Letter from PNC Bank, #2 Envelope from PNC Bank post marked 6/6/2016)(ECO)
June 8, 2016 Filing 1097 ANSWER to Writ of Garnishment by PNC Bank. (ECO)
June 6, 2016 Filing 1096 MINUTE ENTRY ORDER FOR MOTION HEARING held on 6/6/2016 before Judge William O. Bertelsman: 1) The parties advised the Court that they are working together to agree upon an Escrow Agent to hold assets of defendant John M. Griffin until the resolution of any appeal. The parties shall notify the Court if an agreement has been reached or if the parties request another hearing; 2) the Court notes in the record that a cash bond was previously deposited with the Clerk of Court in the amount of $7,930,000.00 #1092 which shall be maintained in an interest bearing account. Any future cash bond received by the Clerk will also be put into an interest bearing account. (Court Reporter JOAN AVERDICK.) (ECO)cc: COR
June 6, 2016 Filing 1095 ANSWER to Writ of Garnishment by U.S. Bank. (ECO)
June 3, 2016 Filing 1092 Supersedeas BOND in the amount of $ $7,930,000.00 posted by Martom Properties, LLC (Attachments: #1 Receipt #2009487) (ECO)
June 3, 2016 Opinion or Order Filing 1091 ORDER: The Court GRANTS DE #1089 Motion to Appear Pro Hac Vice and permits Hon. Robert G. Sanker to serve as pro hac vice counsel for Defendants. Signed by Magistrate Judge Robert E. Wier on 6/3/2016. (ECO)cc: COR w/copy to Atty Gregory G. Garre
June 3, 2016 Opinion or Order Filing 1090 ORDER: 1) The Motion for Protective Order #875 is GRANTED; 2) Tony Griffin is prohibited from having any further contact by Tony Griffin with the Holt Plfs, Elizabeth Osborn, or their families or attys ("the Protected Parties"), and from taking any action, directly or indirectly, to injure, harass, or intimidate those persons. Signed by Judge William O. Bertelsman on 6/3/2016. (ECO)cc: COR w/copy mailed to Atty Gregory G. Garre
June 3, 2016 Filing 1089 MOTION for Robert G. Sanker to Appear Pro Hac Vice by Dennis B. Griffin Revocable Trust - 2012, John M. Griffin, Martom Properties, LLC ( Filing fee $125; receipt number 0643-3500137)Motions referred to Robert E. Wier. (Attachments: #1 Exhibit Affidavit of Bob Sanker, #2 Proposed Order Proposed Order)(Vonderbrink, Sarah) (Additional attachment(s) added on 6/3/2016: #3 Affidavit of Robert Sanker, #4 Supreme Court of Ohio Certificate) (ECO).
June 3, 2016 BAR STATUS Check completed as to Robert G. Sanker re #1089 MOTION for Robert G. Sanker to Appear Pro Hac Vice by Dennis B. Griffin Revocable Trust - 2012, John M. Griffin, Martom Properties, LLC ( Filing fee $125; receipt number 0643-3500137). (ECO)
June 3, 2016 NOTICE OF DOCKET MODIFICATION TO Sarah Vonderbrink re #1089 MOTION for Robert G. Sanker to Appear Pro Hac Vice; Error: Exhibits were filed together as one attachment; Entry by attorney; Each exhibit must be filed as a separate attachment with a clear and concise description; Clerk attached each exhibit as a separate attachment with an appropriate description. In the future, attach each exhibit separately and name each attachment appropriately. No further action required by cousnel. cc: COR (ECO)
June 3, 2016 ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #1089 MOTION for Robert G. Sanker to Appear Pro Hac Vice by Dennis B. Griffin Revocable Trust - 2012, John M. Griffin, Martom Properties, LLC ( Filing fee $125; receipt number 0643-3500137) (ECO)
June 2, 2016 Filing 1088 ANSWER to Writ of Garnishment by Griffin Industries, LLC. (Attachments: #1 Letter to Clerk, #2 Envelope from Weil, Gotshal & Manges LLP post marked 5/31/16)(ECO)
June 2, 2016 Opinion or Order Filing 1087 ORDER: Def's motion #1076 is GRANTED. The Court hereby orders that: 1) the supersedeas bond in the amount of $7,930,000, in the form attached to the Motion ("Bond"), is approved and shall be filed with and accepted by the Clerk of this Court; 2) the $7,930,000 cash deposit securing the bond ("Deposit") is approved and shall be desposited with and accepted by the Clerk of this Court; and 3) upon the filing of the Bond and the making of the Deposit, any and all execution of the judgment entered against Martom Properties, LLC in this action on 4/26/2016 #863 (the "Judgment") against Martom Properties, LLC or its assets shall be stayed, and such stay shall remain in effect so long as Martom Properties, LLC files a timely notice of appeal of the Judgment, and shall remain in effect until (i) the Judgment has been affirmed by the Sixth Circuit Court of Appeals, (ii) an appeal of the Judgment is dismissed, or (iii) the Judgment has been modified by the Sixth Circuit Court of Appeals, and Martom Properties, LLC does not promptly pay all sums awarded against it as a result of such modification. Signed by Judge William O. Bertelsman on 6/2/2016.(ECO)cc: COR w/copy mailed to Atty Gregory G. Garre
June 1, 2016 Filing 1086 SEALED REPLY TO RESPONSE TO MOTION by John M. Griffin re #55 Protective Order, #1064 SEALED MOTION re #55 Protective Order, by John M. Griffin. (Attachments: #1 Exhibit A, #2 Exhibit B) (ECO) (Filed pursuant to QC DE #1085 )
June 1, 2016 Filing 1085 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by John M. Griffin (Attachments: #1 Exhibit A. Michigan Deeds, #2 Exhibit B. Family Directory) (Callow, Joseph)
May 31, 2016 Filing 1094 ANSWER to Writ of Garnishment by U.S. Bank. (ECO)
May 31, 2016 Filing 1093 ANSWER to Writ of Garnishment by U.S. Bank. (Attachments: #1 Envelope from U.S. Bank)(ECO)
May 31, 2016 Filing 1084 RESPONSE in Opposition re #1064 SEALED MOTION re #55 Protective Order, Terminate Motions by Martom Properties, LLC. filed by Linda G. Holt. (Attachments: #1 Exhibit A -- Deeds to Michigan Properties, #2 Exhibit B -- Photograph of Michigan Property, #3 Exhibit C -- Golf Club Web Pages, #4 Exhibit D -- PNC Garnishments, #5 Proposed Order)(Wicker, J.) Modified to correct link on 6/2/2016 (ECO).
May 31, 2016 Filing 1083 ANSWER to Writ of Garnishment by Wells Fargo Bank, National Association. (TJZ)
May 31, 2016 Opinion or Order Filing 1082 ORDER: 1) A hearing as requested by the defendants is SET for Monday, 6/6/2016 at 1:00 p.m. 2) The Clerk of Court and members of his staff whom he selects shall attend and participate in this hearing; 3) Counsel shall confer in advance of this hearing, make all efforts to agree on the procedures to be followed in depositing the proposed assets with the Court, be prepared to report to the Court on these efforts. These discussions shall include the viability of appointing an "escrow agent" to hold the assets, as suggested in defendant's motion. Signed by Judge William O. Bertelsman on 5/31/2016.(TJZ)cc: COR, Clerk
May 31, 2016 Opinion or Order Filing 1081 ORDER: Plaintiffs' Expedited Joint Motion to Certify Judgment #953 is GRANTED IN PART AS TO DEFENDANTS JOHN M. GRIFFIN AND THE ESTATE OF DENNIS B. GRIFFIN AND DENIED IN PART AS TO DEFENDANT MARTOM PROPERTIES, LLC. The Court's Judgment of 4/26/2016 #863 is hereby CERTIFIED for registration in another district as to defendants John M. Griffin and the Estate of Dennis B. Griffin, and the Clerk is directed to prepare certified copies of the judgment in accordance with this Order. Signed by Judge William O. Bertelsman on 5/31/2016. (TJZ)cc: COR
May 27, 2016 Opinion or Order Filing 1080 ORDER: Defendant's Motion to Expedite Briefing #1077 is GRANTED. Plaintiff's Response to Defendants' Motion to Stay Execution is due 5/31/2016. Defendant's Reply is due 6/1/2016. Signed by Judge William O. Bertelsman on 5/27/2016.(TJZ)cc: COR
May 26, 2016 Filing 1079 BILL OF COSTS by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder . (Attachments: #1 Exhibit A - Itemization and Documentation)(Wicker, J.)
May 26, 2016 Filing 1078 RESPONSE in Opposition re #875 MOTION for Protective Order by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder filed by Dennis B. Griffin Revocable Trust - 2012, John M. Griffin, Martom Properties, LLC. (Callow, Joseph)
May 26, 2016 Filing 1077 SEALED MOTION re #55 Protective Order, Terminate Motions by Martom Properties, LLC. (Attachments: #1 Proposed Order) (Callow, Joseph)
May 26, 2016 Filing 1076 SEALED MOTION re #55 Protective Order, Terminate Motions by Martom Properties, LLC. (Attachments: #1 Exhibit A. Supersedeas Bond, #2 Proposed Order) (Callow, Joseph)
May 26, 2016 Filing 1075 ANSWER to Writ of Garnishment by Suntrust Bank Corp.. (ECO)
May 26, 2016 Filing 1074 ANSWER to Writ of Garnishment by Suntrust Bank Corp.. (ECO)
May 26, 2016 Filing 1073 ANSWER to Writ of Garnishment by Suntrust Bank Corp.. (Attachments: #1 Envelope from Sun Trust Bank)(ECO)
May 26, 2016 Filing 1072 ANSWER to Writ of Garnishment by Chase Bank. (Attachments: #1 Envelope from JPMorgan Chase Bank post marked 5/18/16)(ECO)
May 26, 2016 Filing 1071 ANSWER to Writ of Garnishment by Chase Bank. (Attachments: #1 Envelope JPMorgan Chase Bank)(ECO)
May 26, 2016 Filing 1070 ANSWER to Writ of Garnishment by First Financial Bank, National Association, Inc.. (ECO)
May 26, 2016 Filing 1069 ANSWER to Writ of Garnishment by First Financial Bank, National Association, Inc.. (ECO)
May 26, 2016 Filing 1068 ANSWER to Writ of Garnishment by First Financial Bank, National Association, Inc.. (Attachments: #1 Affidavit of Robert Bennett, #2 Envelope from First Financial Bank post marked 5/24/16)(ECO)
May 26, 2016 Filing 1067 BILL OF COSTS by Elizabeth A. Osborn . (Attachments: #1 Exhibit A - Itemization of Elizabeth Osborn's Costs)(Jakubowicz, Janet)
May 26, 2016 Opinion or Order Filing 1066 ORDER: 1) Defs' Motion to Expedite Briefing #1065 is GRANTED. Plfs'Response to Defs' motion to stay execution #1064 is due 5/31/2016 and Def's Reply is due 6/1/2016. Signed by Judge William O. Bertelsman on 5/26/2016.(ECO)cc: COR
May 25, 2016 Filing 1065 MOTION to Expedite by John M. Griffin Seeking Expedited Briefing of Sealed Motion at Docket Number 1064. (Attachments: #1 Proposed Order)(Callow, Joseph) Modified text to take out referral languageon 5/26/2016 (ECO).
May 25, 2016 Filing 1064 SEALED MOTION re #55 Protective Order, Terminate Motions by John M. Griffin. (Attachments: #1 Exhibit A, part 1 - Deeds for John M. Griffin's real estate, #2 Exhibit A, part 2 - deeds for John M. Griffin's real estate, #3 Proposed Order) (Callow, Joseph)
May 25, 2016 Filing 1063 REPLY to Response to Motion re #953 JOINT MOTION Certify Judgment by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Exhibit John M. Griffin Out of District Deeds)(Knappick, Justin)
May 25, 2016 Filing 1062 ANSWER to Writ of Garnishment by Huntington National Bank. (ECO)
May 25, 2016 Filing 1061 ANSWER to Writ of Garnishment by Huntington National Bank. (ECO)
May 25, 2016 Filing 1060 ANSWER to Writ of Garnishment by Huntington National Bank. (Attachments: #1 Envelope from Hunington Bank - post mark illegible)(ECO)
May 25, 2016 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #953 JOINT MOTION Certify Judgment by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder (ECO)
May 25, 2016 NOTICE OF DOCKET MODIFICATION TO Joseph Callow re #1059 EXPEDITED MOTION for New Trial; Error: This motion requests 2 forms of relief and only one form of relief was selected; Entry by attorney; Clerk added the motion relief requested. In the future, when filing a motion with multiple reliefs, select a motion relief for each relief requested, so all motions will appear on the Judge's motion report. No further action required by counsel. cc: COR (ECO)
May 24, 2016 Filing 1059 EXPEDITED MOTION for New Trial AND MOTION to Alter and Amended Judgment and Findings #863 by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC Seeking Amended or Additional Filings, Amended Judgment, And/Or New Trial (Attachments: #1 Proposed Order)(Callow, Joseph). Added MOTION to Alter Judgment on 5/25/2016 (ECO). Modified to add link on 5/25/2016 (ECO).
May 24, 2016 Filing 1058 ANSWER to Writ of Garnishment by Wells Fargo Bank, National Association. (ECO)
May 23, 2016 Filing 1057 RESPONSE in Opposition re #953 JOINT MOTION Certify Judgment by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder filed by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC. (Callow, Joseph)
May 23, 2016 Filing 1056 ANSWER to Writ of Garnishment by Chase Bank. (Attachments: #1 Envelope JPMorgan Chase & Co.-post marked 5/19/16)(ECO)
May 23, 2016 Filing 1055 ANSWER to Writ of Garnishment by Union Savings Bank. (ECO)
May 23, 2016 Filing 1054 ANSWER to Writ of Garnishment by Union Savings Bank. (ECO)
May 23, 2016 Filing 1053 ANSWER to Writ of Garnishment by Union Savings Bank. (Attachments: #1 Envelope from Union Saving Bank - no post mark)(ECO)
May 20, 2016 Filing 1052 ANSWER to Writ of Garnishment by Woodforest National Bank. (ECO)
May 20, 2016 Filing 1051 ANSWER to Writ of Garnishment by Woodforest National Bank. (ECO)
May 20, 2016 Filing 1050 ANSWER to Writ of Garnishment by Woodforest National Bank. (Attachments: #1 Envelope from Woodforest - post marked 5/17/2016)(ECO)
May 20, 2016 Filing 1049 ANSWER to Writ of Garnishment by Republic Bank & Trust Co.. (ECO)
May 20, 2016 Filing 1048 ANSWER to Writ of Garnishment by Republic Bank & Trust Co.. (ECO)
May 20, 2016 Filing 1047 ANSWER to Writ of Garnishment by Republic Bank & Trust Co.. (Attachments: #1 Envelope from Republic Bank & Trust -post marked 5/17/2016)(ECO)
May 18, 2016 Filing 1046 ANSWER to Writ of Garnishment by Stock Yards Bank & Trust Company. (ECO)
May 18, 2016 Filing 1045 ANSWER to Writ of Garnishment by Stock Yards Bank & Trust Company. (ECO)
May 18, 2016 Filing 1044 ANSWER to Writ of Garnishment by Stock Yards Bank & Trust Company. (Attachments: #1 Envelope from Stock yard Bank & Trust Company post marked 5/16/2016)(ECO)
May 18, 2016 Filing 1043 EX PARTE ORDER: cc: to Filing Attorney only(ECO)
May 18, 2016 Filing 1042 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 18, 2016 Filing 1041 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 18, 2016 Filing 1040 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 18, 2016 Filing 1039 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 18, 2016 Filing 1038 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 18, 2016 Filing 1037 SUR REPLY re #879 MOTION for Leave by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder to File Surreply in Opposition to Defendants' Expedited Motion for Stay of Execution of Judgment, #864 MOTION to Stay by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC of Execution of Judgment Pending Disposition. (Filed per Order DE #1036 ). (ECO)
May 18, 2016 Opinion or Order Filing 1036 ORDER: 1) The Letter of Credit proposed by Defs is rejected by the Court; 2) Defs may obtain a stay in whole or in part by posting a supersedeas bond or by depositing funds or other appropriate assets, approved by the Court, into the registry of the Court; 3) Any stay of judgment obtained will extend only to the amount of such supersedeas bond or deposited funds and not to the entire judgment; 4) Defs' Renewed Expedited Motion for Stay of Execution of Judgment Pending Disposition of Post-Trial Motions #1024 is DENIED; and 5) Plfs' motion for leave to file surreply #879 is GRANTED. Signed by Judge William O. Bertelsman on 5/18/2016.(ECO)cc: COR w/copy mailed to Attys Benjamin Snyder, Gregory G. Garre, Heather Waller and Melissa Sherry, via U.S. Mail.
May 17, 2016 Filing 1035 SEALED REPLY TO RESPONSE TO MOTION by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC re #55 Protective Order, #1024 SEALED MOTION re #55 Protective Order, Terminate Motions, #864 MOTION to Stay by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Ma (Filed pursuant to QC DE #1034 ). (ECO)
May 17, 2016 Filing 1034 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC (Callow, Joseph)
May 17, 2016 Opinion or Order Filing 1033 ORDER: That Defs file a response to this motion #953 on or before 5/23/2016. Signed by Judge William O. Bertelsman on 5/17/2016.(ECO)cc: COR w/copy to Attys Benjamin Snyder, Gregroy Garre, Heather Walker and Melissa Sherry via U.S. Mail.
May 17, 2016 Filing 1032 ANSWER to Writ of Garnishment by Guardian Savings Bank. (ECO)
May 17, 2016 Filing 1031 ANSWER to Writ of Garnishment by Guardian Savings Bank. (ECO)
May 17, 2016 Filing 1030 ANSWER to Writ of Garnishment by Guardian Savings Bank. (Attachments: #1 Guardian Savings Bank Envelope post marked 5/13/16)(ECO)
May 17, 2016 Filing 1029 ANSWER to Writ of Garnishment by BB&T. (ECO)
May 17, 2016 Filing 1028 ANSWER to Writ of Garnishment by BB&T. (ECO)
May 17, 2016 Filing 1027 ANSWER to Writ of Garnishment by BB&T. (Attachments: #1 BB&T Envelope - no post mark)(ECO)
May 16, 2016 Filing 1026 RESPONSE in Opposition re #1024 SEALED MOTION re #55 Protective Order, Terminate Motions, #864 MOTION to Stay by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Ma to Renewed Expedited Motion for Stay of Execution of Judgment filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Exhibit 1 - April 16, 2016 Special Warranty Deed, #2 Exhibit 2 - Inventory of Dennis B. Griffin Estate, #3 Exhibit 3 - Docket from Estate of Dennis B. Griffin Probate Proceeding)(Lewis, Benjamin)
May 13, 2016 Filing 1025 SEALED NOTICE Sealed pursuant to PROTECTIVE ORDER re #1024 SEALED MOTION re #55 Protective Order, Terminate Motions, #864 MOTION to Stay by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Ma, #55 Protective Order, Terminate Motions by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC (Attachments: #1 Exhibit A - Form Letter of Credit) (Callow, Joseph) Modified text on 5/16/2016 (ECO).
May 11, 2016 Filing 1024 SEALED MOTION re #55 Protective Order, Terminate Motions, #864 MOTION to Stay by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC of Execution of Judgment Pending Disposition by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Attachments: #1 Exhibit 1 - Commitment Letter, #2 Exhibit 2 - Affidavit of John M. Griffin, #3 Proposed Order Immediate Relief, #4 Proposed Order Ultimate Relief) (Callow, Joseph)
May 11, 2016 Filing 1023 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1022 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1021 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1020 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1019 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1018 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1017 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1016 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1015 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1014 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1013 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1012 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1011 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1010 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1009 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1008 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1007 EX PARTE ORDER: cc: to Filing Attorney only(ECO)
May 11, 2016 Filing 1006 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1005 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1004 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1003 EX PARTE ORDER: cc: to Filing Attorney only(ECO)
May 11, 2016 Filing 1002 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1001 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1000 EX PARTE ORDER: cc: to Filing Attorney only(ECO)
May 11, 2016 Filing 999 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 998 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 997 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 996 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 995 EX PARTE ORDER: cc: to Filing Attorney only(ECO)
May 11, 2016 Filing 994 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 993 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 992 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 991 EX PARTE ORDER: cc: to Filing Attorney only(ECO)
May 11, 2016 Filing 990 EX PARTE ORDER: cc: to Filing Attorney only(ECO)
May 11, 2016 Filing 989 EX PARTE ORDER: cc: to Filing Attorney only(ECO)
May 11, 2016 Filing 988 EX PARTE ORDER: cc: to Filing Attorney only(ECO)
May 11, 2016 Filing 987 EX PARTE ORDER: cc: to Filing Attorney only(ECO)
May 11, 2016 Filing 986 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 985 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 984 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 983 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 982 EX PARTE ORDER: cc: to Filing Attorney only(ECO)
May 11, 2016 Filing 981 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 980 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 979 EX PARTE ORDER: cc: to Filing Attorney only(ECO)
May 11, 2016 Filing 978 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 977 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 976 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 975 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 974 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 973 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 972 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 971 EX PARTE ORDER: cc: to Filing Attorney only(ECO)
May 11, 2016 Filing 970 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 969 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 968 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 967 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 966 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 965 EX PARTE ORDER: cc: to Filing Attorney only(ECO)
May 11, 2016 Filing 964 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 963 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 962 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 961 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 960 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 959 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 958 EX PARTE ORDER: cc: to Filing Attorney only(ECO)
May 11, 2016 Filing 957 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 956 EX PARTE ORDER: cc: to Filing Attorney only(ECO)
May 11, 2016 Filing 955 EX PARTE ORDER: cc: to Filing Attorney only: (ECO)
May 11, 2016 Filing 954 EX PARTE ORDER: cc: to Filing Attorney only (ECO) Modified underline on 5/12/2016 (ECO).
May 11, 2016 Filing 953 JOINT MOTION Certify Judgment by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder . (Attachments: #1 Proposed Order Order Certifying Judgment)(Knappick, Justin) Modified text to take out referral on 5/12/2016 (ECO).
May 11, 2016 Filing 952 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 951 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 950 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 949 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 948 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 947 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 946 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 945 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 944 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 943 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 942 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 941 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 940 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 939 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 938 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 937 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 936 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 935 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 934 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 933 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 932 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 931 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 930 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 929 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 928 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 927 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 926 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 925 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 924 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 923 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 922 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 921 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 920 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 919 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 918 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 917 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 916 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 915 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 914 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 913 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 912 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 911 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 910 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 909 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 908 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 907 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 906 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 905 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 904 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 903 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 902 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 901 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 900 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 899 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 898 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 897 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 896 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 895 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 894 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 893 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 892 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 891 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 890 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 889 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 888 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 887 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 886 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 885 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 884 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 883 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 882 EX PARTE NOTICE by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Knappick, Justin) Modified text and took out referral language on 5/11/2016 (ECO).
May 11, 2016 Filing 881 NOTICE of Appearance by Justin L. Knappick on behalf of Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (Knappick, Justin)
May 10, 2016 Opinion or Order Filing 880 ORDER: 1) Defs' Expedited Motion to Stay of Execution of Judgment Pending Disposition of Post-Trial Motions #864 is DENIED, except to the extent that the judgment herein is secured in whole or part by security approved by the Court; 2) If Defs desire to seek Court approval of such security, they must do so by appropriate motion, accompanied by a tender of the proposed security; 3) If Defs file such a motion, plfs shall respond thereto within five days. Signed by Judge William O. Bertelsman on 5/10/2016.(ECO)cc: COR, copies of order mailed to Attys Benjamin Snyder, Gregory Garre, Heather Waller and Melissa Sherry. Modified text on 5/10/2016 (ECO).
May 10, 2016 Filing 879 MOTION for Leave by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder to File Surreply in Opposition to Defendants' Expedited Motion for Stay of Execution of Judgment. (Attachments: #1 Exhibit 1 - Plaintiffs' Surreply in Opposition to Defendants' Expedited Motion for a Stay of Execution of Judgment, #2 Proposed Order)(Lewis, Benjamin) Modified text to take out referral language on 5/10/2016 (ECO).
May 10, 2016 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #864 MOTION to Stay by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC of Execution of Judgment Pending Disposition (ECO)
May 9, 2016 Filing 878 SEALED REPLY TO RESPONSE TO MOTION by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC re #55 Protective Order, #864 MOTION to Stay by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC of Execution of Judgment Pending Disposition (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Proposed Order) (ECO) Filed pursuant to QC DE #877 Modified text on 5/10/2016 (ECO).
May 9, 2016 Filing 877 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC (Attachments: #1 Memorandum in Support Defendants' Reply Brief, #2 Exhibit 1, Shareholder List that was Plaintiffs' Deposition Exhibit 25, #3 Affidavit of John M. Griffin, #4 Affidavit of Anthony A. Griffin, #5 Affidavit of Martin Griffin, #6 Proposed Order) (Hankinson, Thomas)
May 6, 2016 Filing 876 RESPONSE in Opposition re #864 MOTION to Stay by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC of Execution of Judgment Pending Disposition of Post-Trial Motions filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Exhibit 1 - July 15, 2015 Deposition of Anthony Griffin, #2 Proposed Order)(Lewis, Benjamin)
May 5, 2016 Filing 875 MOTION for Protective Order by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order)(Trout, Eva)
May 4, 2016 Opinion or Order Filing 874 ORDER: Defendant's motion to expedite briefing schedule #872 is GRANTED. Plfs' Response to Defendants' motion to stay execution #864 is due 5/6/2016. Defs' Reply is due 5/9/2016. Signed by Judge William O. Bertelsman on 5/4/2016.(ECO)cc: COR w/copies mailed to Attys Benjamin Snyder, Gregory Garre, Heather Waller, and Melissa Sherry Modified text on 5/4/2016 (ECO).
May 4, 2016 Filing 873 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 5/4/2016 before Judge William O. Bertelsman: Parties present as noted. Separate Order to be issued. (Court Reporter LISA WIESMAN.) (ECO)cc: COR w/copies mailed to Attys Benjamin Snyder, Gregory Garre, Heather Waller, and Melissa Sherry. Modified to text on 5/4/2016 (ECO).
May 4, 2016 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #864 MOTION to Stay by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC of Execution of Judgment Pending Disposition, #872 MOTION to Expedite by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC (ECO)
May 4, 2016 Set Hearings: TELEPHONE CONFERENCE set for 5/4/2016 at 11:00 AM in COVINGTON before Judge William O. Bertelsman. (ECO)
May 3, 2016 Filing 872 MOTION to Expedite by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC . (Attachments: #1 Proposed Order)(Callow, Joseph) Modified on 5/4/2016 (ECO).
May 2, 2016 Opinion or Order Filing 871 ORDER: The Court GRANTS DE #869 and permits Hon. Heather A. Waller to serve as pro hac vice counsel for Defendants Dennis B. Griffin Revocable Trust-2012, Anthony Griffin, John M. Griffin, Martom Properties, LLC. Signed by Magistrate Judge Robert E. Wier on 5/2/2016. (ECO)cc: COR w/copy of Mandatory ECF General Order & ECF Registration Form to Atty Waller.
May 2, 2016 Opinion or Order Filing 870 ORDER: The Court GRANTS DE # #865 , #866 , and #867 , and permits Hon. Melissa Arbus Sherry, Hon. Benjamin W. Snyder, and Hon. Gregory G. Garre to serve as pro hac vice for counsel for Defendants Dennis B. Griffin Revocalbe Trust-2012, Anthony Griffin, John M. Griffin, Martom Properties, LLC. Signed by Magistrate Judge Robert E. Wier on 5/2/2016. (ECO)cc: COR w/copy of Mandatory ECF General Order & ECF Registration form to Attys Sherry, Snyder and Garre
May 2, 2016 Filing 869 MOTION for Heather A. Waller to Appear Pro Hac Vice by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC ( Filing fee $125; receipt number 0643-3472236)Motions referred to Robert E. Wier. (Attachments: #1 Affidavit of Heather A. Waller, #2 Exhibit 1. Certificate of Good Standing, #3 Proposed Order )(Vonderbrink, Sarah) Modified to take out duplicate text on 5/2/2016 (ECO).
May 2, 2016 Filing 868 NOTICE OF FILING by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC re #865 MOTION for Melissa Arbus Sherry to Appear Pro Hac Vice by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC Certificate of Good Standing (Attachments: #1 Exhibit A. Certificate of Good Standing)(Vonderbrink, Sarah)
May 2, 2016 ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #866 MOTION for Benjamin W. Snyder to Appear Pro Hac Vice by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC (, #865 MOTION for Melissa Arbus Sherry to Appear Pro Hac Vice by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC , #867 MOTION for Gregory G. Garre to Appear Pro Hac Vice by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC ( Fi (ECO)
May 2, 2016 BAR STATUS Check completed as to Melissa Arbus Sherry, Benjamin William Snyder, Gregory G. Garre re #867 MOTION for Gregory G. Garre to Appear Pro Hac Vice by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC ( Fi, #866 MOTION for Benjamin W. Snyder to Appear Pro Hac Vice by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC (, #865 MOTION for Melissa Arbus Sherry to Appear Pro Hac Vice by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC . (ECO)
May 2, 2016 NOTICE OF DOCKET MODIFICATION TO Sarah Vonderbrink re #865 , #866 , #867 MOTIONS to Appear Pro Hac Vice; Error: Attachments (Affidavits) were insufficiently described as "Exhibit Exhibit." Entry by attorney; Correction: the Clerk renamed the Exhbits. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A - Affidavit of John Doe (correct). No further action required by counsel. cc: COR (ECO)
May 2, 2016 ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #869 MOTION for Heather A. Waller to Appear Pro Hac Vice by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properti (ECO)
May 2, 2016 BAR STATUS Check completed as to Heather A. Waller re #869 MOTION for Heather A. Waller to Appear Pro Hac Vice by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properti. (ECO)
April 29, 2016 Filing 867 MOTION for Gregory G. Garre to Appear Pro Hac Vice by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC ( Filing fee $125; receipt number 0643-3471627)Motions referred to Robert E. Wier. (Attachments: #1 Affidavit of Gregory G. Garre, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Proposed Order)(Vonderbrink, Sarah) Modified text to correctly describe affidavit on 5/2/2016 (ECO).
April 29, 2016 Filing 866 MOTION for Benjamin W. Snyder to Appear Pro Hac Vice by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC ( Filing fee $125; receipt number 0643-3471604)Motions referred to Robert E. Wier. (Attachments: #1 Affidavit of Benjamin W. Snyder, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Proposed Order)(Vonderbrink, Sarah) Modified text to correctly described affidavit on 5/2/2016 (ECO).
April 29, 2016 Filing 865 MOTION for Melissa Arbus Sherry to Appear Pro Hac Vice by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC ( Filing fee $125; receipt number 0643-3471564)Motions referred to Robert E. Wier. (Attachments: #1 Affidavit of Melissa Arbus Sherry, #2 "INCORRECT Exhibit Certificate of Good Standing", #3 Proposed Order Proposed Order)(Vonderbrink, Sarah) (Additional attachment(s) added on 5/2/2016: #4 "CORRECT Certificate of Good Standing for Melissa Arbus Sherry") (ECO). Modified text to add "INCORRECT" on 5/2/2016 and to correctly describe affidavit (ECO).
April 29, 2016 Filing 864 MOTION to Stay by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC of Execution of Judgment Pending Disposition of Post-Trial. (Attachments: #1 Proposed Order)(Callow, Joseph) Modified text to take out referral language and duplicate proposed order text on 5/2/2016 (ECO).
April 26, 2016 Filing 863 JUDGMENT: Parties shall see Judgment for details. Signed by Judge William O. Bertelsman on 4/26/2016.(ECO)cc: COR
April 25, 2016 Filing 862 REPLY to Objections #861 , #860 Plfs' Proposed Judgment filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Exhibit A - Lange's Affidavit)(Trout, Eva) Modified text on 4/26/2016 (ECO).
April 18, 2016 Filing 861 OBJECTIONS to #860 Plaintiffs' Proposed Judgment filed by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC. (Callow, Joseph)
April 4, 2016 Filing 860 NOTICE OF FILING by Linda G. Holt re #856 Findings of Fact & Conclusions of Law, Order, Terminate Motions, Set Deadlines,,,,,,,,,,,,,,,,,,,,,,,, Plaintiffs' Proposed Judgment (Wicker, J.)
March 21, 2016 Filing 859 *AMENDED*Exhibit and Witness List re: Bench Trial Held 9/14/2015 to 9/23/2015. Amended to add/admit Defendants' Trial Exhibit 415 per the Court's Findings of Fact and Conclusions of Law, Order filed at DE #856 . (Maintained in Exhibit Vault in Clerk's Office-placed on second shelf, right-hand side). (ECO) Modified text on 3/22/2016 (ECO).
March 21, 2016 Filing 858 SURREPLY of Holt Plaintiffs in opposition to re #838 Defendants' MOTION to Enforce the September 10, 1993 Settlement Agreement by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Filed per Findings of Fact and Conclusions of Law, Order at DE #856 ). (ECO)
March 21, 2016 Filing 857 DEFENDANT'S TRIAL EXHIBIT 415 re: #810 and #830 Exhibit and Witness List for Bench Trial 9/14/15 to 9/23/2015 by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC. (Filed per Findings of Fact and Conclusions of Law, Order at DE #856 ). (ECO) Modified text to correct Exhibit and Witness List docket entry number on 3/21/2016 (ECO). Modified to correct Trial Exhibit number on 3/22/2016 (ECO).
March 21, 2016 Opinion or Order Filing 856 FINDINGS OF FACT AND CONCLUSIONS OF LAW, ORDER: 1) Defs' motion to reopen and supplement the trial record #836 is GRANTED. The Settlement Agreement dated 9/10/1993, attached to this motion at ( #836 -1 at 4-11, is ADMITTED AS DEFS' TRIAL EXHIBIT 415. The Clerk of Court is directed to file a separate copy of this document, designating it as Defs' Trial Exhibit 415, concurrently with the filing of these Findings of Fact and Conclusions of Law; 2) Defs' motion to enforce the 1993 settlement agreement #838 is DENIED; 3) The Holt Plfs' emergency motion for a hearing, for default judgment, for a protective order, and for referral for criminal prosecution #843 is GRANTED IN PART AND DENIED IN PART. This matter in question is already the subject of an investigation by the United States Attorney for the EDKY. See Doc. #846 . Should the outcome of that investigation not address Plfs' concerns, Plfs may renew their motion. The request for a default judgment is now moot given these findings and conclusions; 4) Betsy's motion to join in the Holt Plfs' emergency motion #845 is GRANTED; 5) Plfs' motion for leave to file surreply #854 is GRANTED; 6) Not later than 14 days of the date of entry of these findings and conclusions, Plfs shall tender to the Court a proposed judgment, consistent with these Findings of Fact and Conclusions of Law; 7) Defs may, w/in 14 days of the service of Plfs' proposed judgment(s), file objections to the form thereof, including the mathematical calculations; 8) Plfs may file any reply(ies) not later than 7 days thereafter. Signed by Judge William O. Bertelsman on 3/21/2016.(ECO)cc: COR
March 15, 2016 Filing 855 RESPONSE in Opposition re #854 MOTION for Leave by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder to file Surreply re #838 MOTION to Enforce the September 10, 1993 Settlement Agreement filed by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC. (Callow, Joseph)
March 11, 2016 Filing 854 MOTION for Leave by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder to file Surreply re #838 MOTION to Enforce the September 10, 1993 Settlement Agreement Motions referred to Robert E. Wier. (Attachments: #1 Exhibit A - Surreply, #2 Proposed Order)(Trout, Eva)
March 9, 2016 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #838 MOTION to Enforce the September 10, 1993 Settlement Agreement by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC (TJZ)
March 7, 2016 Filing 853 REPLY to Response to Motion re #838 MOTION to Enforce the September 10, 1993 Settlement Agreement by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC filed by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC. (Callow, Joseph)
February 22, 2016 Filing 852 DUPLICATE RESPONSE BRIEF to #842 , #838 Motion to Enforce filed by Linda G. Holt. (Attachments: #1 Proposed Order)(Wicker, J.) Modified text on 2/23/2016 (TJZ). Attorney advised same pleading filed twice. See #851 for entry.
February 22, 2016 Filing 851 RESPONSE in Opposition re #838 MOTION to Enforce the September 10, 1993 Settlement Agreement by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC filed by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Proposed Order)(Trout, Eva)
February 22, 2016 Filing 850 RESPONSE in Support re #836 MOTION to Reopen And Supplement The Trial Record by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC To Admit September 1993 Settlement Agreement Executed By The Holt Plaintiffs Filed Per The Court's January 7, 2016 Order filed by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC. (Attachments: #1 Exhibit 1, Executed Sept. 1993 Settlement Agreement from Parham File, #2 Exhibit 2, Executed Sept. 1993 Settlemen Agreement from Fuchs File, #3 Exhibit 3, 1990 Osborn Complaint, #4 Exhibit 4, Feb. 1993 Attempted Settlement, #5 Exhibit 5, Sept. 10, 1993 Hearing Transcript, #6 Exhibit 6, Check Stub From Janet Means, #7 Exhibit 7, Certificate of Compliance from Taliaferro, #8 Exhibit 8, Order Dismissing Derivative Action, #9 Exhibit 9, Osborn's 1992 Opposition to Summary Judgment, #10 Exhibit 10, Court's 1992 Opinion Denying Summary Judgment, #11 Exhibit 11, Deposition of Thomas Feher, #12 Exhibit 12, 1993 Transmittal Memo to Parham, #13 Exhibit 13, 1993 Fuchs Letter to Dennis Griffin, #14 Exhibit 14, November 2015 Email from Feher, #15 Exhibit 15, Janet Means' Copy of The Sept. 1993 Settlement Agreement, Without A Page 7)(Callow, Joseph)
February 9, 2016 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #843 EMERGENCY MOTION for Hearing by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder , #845 MOTION for Joinder #843 EMERGENCY MOTION for Hearing by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder by Elizabeth A. Osborn (TJZ)
February 8, 2016 Filing 849 REPLY to #843 , #845 in Support of Emergency Motion filed by Elizabeth A. Osborn. (Lewis, Benjamin)
February 8, 2016 Filing 848 REPLY to Response to Motion re #843 EMERGENCY MOTION for Hearing by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder filed by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Trout, Eva)
January 22, 2016 Filing 847 RESPONSE in Opposition re #843 EMERGENCY MOTION for Hearing by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder filed by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
January 21, 2016 Opinion or Order Filing 846 ORDER; 1) That a hearing on said motions ( #843 & #845 ) be, and it is, hereby deferred pending the outcome of said investigation; and 2) That Deadlines previously set shall remain in effect. Signed by Judge William O. Bertelsman on 1/21/2016.(ECO)cc: COR
January 21, 2016 Filing 845 MOTION for Joinder #843 EMERGENCY MOTION for Hearing by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder by Elizabeth A. Osborn (Lewis, Benjamin) Modified text on 1/22/2016 (TJZ).
January 20, 2016 Filing 844 CONVENTIONAL FILING received on behalf of Holt Plaintiffs. Ex 6-CD of video are filed per re #843 EMERGENCY MOTION for Hearing by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder . (MAINTAINED ON THE SHELF IN THE CLERK'S OFFICE) (TJZ)
January 19, 2016 Filing 843 EMERGENCY MOTION for Hearing by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Exhibit 1 - Affidavit of Linda Holt, #2 Exhibit 2 - Affidavit of Angela Wagner, #3 Exhibit 3 - Affidavit of Dan Murphy, #4 Exhibit 4 - Affidavit of Barry Weisbecker, #5 Exhibit 5 - Police Report, #6 Proposed Order)(Trout, Eva) Modified text on 1/22/2016 (TJZ).
January 7, 2016 Opinion or Order Filing 842 ORDER: 1) The parties shall have until 2/8/2016 to conduct discovery regarding this document #836 ; 2) The parties shall file concurrent briefs addressing the import of this document in light of the additional discovery on or before 2/22/2016; and 3) Plfs' response to Defs' motion to enforce settlement agreement #838 is EXTENDED TO 2/22/2016. Signed by Judge William O. Bertelsman on 1/7/2016.(ECO)cc: COR Modified bold text on 1/7/2016 (ECO).
December 28, 2015 ***MOTION SUBMITTED TO CHAMBERS of JUDGE BERTELSMAN for review: re #836 MOTION to Reopen And Supplement The Trial Record by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC To Admit September 1993 Settlement Agreement Executed By The Holt Plaintiffs (TED)
December 23, 2015 Filing 841 REPLY BRIEF to #836 In Support Of Motion To Reopen And Supplement The Record filed by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC. (Callow, Joseph)
December 17, 2015 Filing 840 RESPONSE in Opposition re #836 MOTION to Reopen And Supplement The Trial Record by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC To Admit September 1993 Settlement Agreement Executed By The Holt Plaintiffs filed by Elizabeth A. Osborn. (Lewis, Benjamin)
December 17, 2015 Filing 839 RESPONSE in Opposition re #836 MOTION to Reopen And Supplement The Trial Record by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC To Admit September 1993 Settlement Agreement Executed By The Holt Plaintiffs by Holt Plaintiffs filed by Linda G. Holt. (Attachments: #1 Proposed Order Proposed Order)(Trout, Eva)
December 17, 2015 Filing 838 MOTION to Enforce the September 10, 1993 Settlement Agreement by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC Motions referred to Robert E. Wier. (Attachments: #1 Exhibit A - September 10, 1993 Settlement Agreement, #2 Proposed Order Proposed Order)(Callow, Joseph)
December 8, 2015 Filing 837 TRIAL BRIEF Reply in Support of Plaintiffs' Proposed Findings of Fact and Conclusions of Law by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Exhibit A - Timeline, #2 Exhibit B - Disgorgement Table for 1985-86 Stock Claims)(Lewis, Benjamin)
November 23, 2015 Filing 836 MOTION to Reopen And Supplement The Trial Record by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC To Admit September 1993 Settlement Agreement Executed By The Holt Plaintiffs Motions referred to Robert E. Wier. (Attachments: #1 Exhibit A, Nov. 22, 2015 Email from Thompson Hine, With Attachments, #2 Proposed Order)(Callow, Joseph)
November 23, 2015 Filing 835 Proposed Findings of Fact by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC. (Callow, Joseph)
November 23, 2015 Filing 834 TRIAL BRIEF Post-Trial Brief by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC. (Callow, Joseph)
October 23, 2015 Filing 833 TRIAL BRIEF Post Trial Brief by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Wicker, J.)
October 23, 2015 Filing 832 Proposed Findings of Fact by Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Wicker, J.)
October 7, 2015 Opinion or Order Filing 831 ORDER: The Defs' Motion to Exclude Undisclosed Exhibits #791 is denied as moot. Signed by Judge William O. Bertelsman on 10/7/2015. (ECO)cc: COR
September 23, 2015 Filing 830 EXHIBIT AND WITNESS LIST for Bench Trial Held 9/14/2015 to 9/23/2015. (Maintained in in Exhibit Vault in Clerk's Office-placed on second shelf, right-hand side). (ECO)
September 23, 2015 Filing 829 MINUTE ENTRY ORDER FOR BENCH TRIAL completed on 9/23/2015 before Judge William O. Bertelsman: Parties present as noted. Introduction of Evidence for Defendants continued and concluded. Plaintiffs shall file their brief of proposed findings of fact and conclusions of law by OCTOBER 23, 2015. ALL PROPOSED FINDINGS OF FACT SHALL INCLUDE SPECIFIC RECORD CITATIONS. Defendants shall file their brief of proposed findings of fact and conclusions of law THIRTY (30) DAYS after the filing of Plaintiffs' brief. Plaintiffs shall file their reply FIFTEEN (15) DAYS thereafter. (Court Reporter JOAN AVERDICK.) (ECO)cc: COR
September 23, 2015 Filing 828 TRANSCRIPT of Proceedings: TRIAL PROCEEDINGS (Day 8) held on 9/23/2015 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: All parties. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 10/19/2015. Redacted Transcript Deadline set for 10/29/2015. Release of Transcript Restriction set for 12/28/2015.
September 22, 2015 Filing 827 TRANSCRIPT of Proceedings: TRIAL PROCEEDINGS (Day 7) held on 9/22/2015 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: All parties. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 10/16/2015. Redacted Transcript Deadline set for 10/26/2015. Release of Transcript Restriction set for 12/28/2015.
September 22, 2015 Filing 826 MINUTE ENTRY ORDER FOR BENCH TRIAL held on 9/22/2015 before Judge William O. Bertelsman: Parties present as noted. Introduction of Evidence for Defendants begun and NOT concluded. Case continued for Day 8 of BENCH TRIAL on Wednesday, 9/23/2015 at 09:30 AM. (Court Reporter JOAN AVERDICK.) (ECO)cc: COR
September 21, 2015 Filing 825 MINUTE ENTRY ORDER FOR BENCH TRIAL held on 9/21/2015 before Judge William O. Bertelsman: Parties present as noted. Introduction of Evidence for Defendants begun and NOT concluded. Defendant's Motion for Judgment on Partial Findings #819 is DENIED WITHOUT PREJUDICE pending conclusion of all the evidence. Case contined for Day 7 of BENCH TRIAL on Tuesday, 9/22/2015 at 09:30 AM. (Court Reporter JOAN AVERDICK.) (ECO)cc: COR
September 21, 2015 Filing 824 NOTICE OF FILING by Anthony A. Griffin, John M. Griffin, Martom Properties, LLC Regarding Ancient Records Exception (Vonderbrink, Sarah)
September 21, 2015 Filing 823 TRANSCRIPT of Proceedings: TRIAL PROCEEDINGS (Day 6) held on 9/21/2015 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: All parties. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 10/16/2015. Redacted Transcript Deadline set for 10/26/2015. Release of Transcript Restriction set for 12/28/2015.
September 21, 2015 Filing 822 RESPONSE in Opposition re #819 MOTION for Judgment on Partial Findings by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC by All Plaintiffs filed by Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Proposed Order Proposed Order)(Trout, Eva)
September 18, 2015 Filing 821 TRANSCRIPT of Proceedings: TRIAL PROCEEDINGS (Day 5) held on 9/18/2015 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: All parties. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 10/13/2015. Redacted Transcript Deadline set for 10/22/2015. Release of Transcript Restriction set for 12/21/2015.
September 18, 2015 Filing 820 MINUTE ENTRY ORDER FOR BENCH TRIAL held on 9/18/2015 before Judge William O. Bertelsman: Parties present as noted. Introduction of Evidence for Plaintiffs continued and concluded. Case continued for Day 6 of BENCH TRIAL on Monday, 9/21/2015 at 09:30 AM. (Court Reporter JOAN AVERDICK.) (ECO)cc: COR
September 18, 2015 Filing 819 MOTION for Judgment on Partial Findings by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC (Attachments: #1 Proposed Order Proposed Order)(Callow, Joseph)
September 18, 2015 Filing 818 NOTICE by Elizabeth A. Osborn of In Camera Submission of Privilege Log Items Referenced By Defendants During Their Cross-Examination of Elizabeth A. Osborn (Lewis, Benjamin)
September 17, 2015 Filing 817 MINUTE ENTRY ORDER FOR BENCH TRIAL held on 9/17/2015 before Judge William O. Bertelsman: Parties present as noted. Introduction of Evidence for Plaintiff continued but NOT concluded. Case continued for Day 5 of BENCH TRIAL on Friday 9/18/2015 at 09:30 AM. (Court Reporter JOAN AVERDICK.) (ECO)cc: COR
September 17, 2015 Filing 816 TRANSCRIPT of Proceedings: TRIAL PROCEEDINGS (Day 4) held on 9/17/2015 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: All parties. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 10/13/2015. Redacted Transcript Deadline set for 10/22/2015. Release of Transcript Restriction set for 12/21/2015.
September 16, 2015 Filing 815 MINUTE ENTRY ORDER FOR BENCH TRIAL held on 9/16/2015 before Judge William O. Bertelsman: Parties present as noted. Introduction of Evidence for Plaintiffs continued but NOT concluded. Case continued for Day 4 of BENCH TRIAL on Thursday, 9/17/2015 at 09:30 AM. (Court Reporter JOAN AVERDICK.) (ECO)cc: COR
September 16, 2015 Filing 814 TRANSCRIPT of Proceedings: TRIAL PROCEEDINGS (Day 3) held on 9/16/2015 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: All parties. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 10/13/2015. Redacted Transcript Deadline set for 10/22/2015. Release of Transcript Restriction set for 12/18/2015.
September 15, 2015 Filing 813 TRANSCRIPT of Proceedings: TRIAL PROCEEDINGS (Day 2) held on 9/15/2015 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: All parties. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 10/9/2015. Redacted Transcript Deadline set for 10/19/2015. Release of Transcript Restriction set for 12/17/2015.
September 15, 2015 Filing 812 MINUTE ENTRY ORDER FOR BENCH TRIAL held on 9/15/2015 before Judge William O. Bertelsman: Parties present as noted. Introduction of Evidence by Plaintiffs continued but NOT concluded. Case continued for Day 3 of BENCH TRIAL on Wednesday, 9/16/2015 at 09:30 AM. (Court Reporter JOAN AVERDICK.) (ECO)cc: COR
September 14, 2015 Opinion or Order Filing 811 AMENDED MINUTE ENTRY ORDER FOR BENCH TRIAL HELD ON 9/14/2015: Minute Entry Order #810 Amended to *correct the filed date stamped on Minute Entry. All other aspects of the Minute Entry remain the same. Signed by Judge William O. Bertelsman on 9/14/2015.(ECO)cc: COR
September 14, 2015 Filing 810 MINUTE ENTRY ORDER FOR BENCH TRIAL held on 9/14/2015 before Judge William O. Bertelsman: Parties present as noted. Separation of Witness Rule Invoked; Opening Statements by both Plantiffs and Defendants; Introduction of Evidence for Plaintiffs begun and NOT concluded; Case continued for Day 2 of BENCH TRIAL on Tuesday, 9/15/2015 at 01:00 PM. (Court Reporter JOAN AVERDICK.) (ECO)cc: COR Modified to correct file date on 9/15/2015 (ECO).
September 14, 2015 Filing 809 TRANSCRIPT of Proceedings: TRIAL PROCEEDINGS (Day 1) held on 9/14/2015 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: All parties. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 10/8/2015. Redacted Transcript Deadline set for 10/19/2015. Release of Transcript Restriction set for 12/17/2015.
September 11, 2015 Filing 808 NOTICE by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC re #753 Stipulation of Stipulated Exhibit Lists (Attachments: #1 Exhibit A - Joint Trial Exhibits, #2 Exhibit B - Plaintiffs' Admissible Exhibits, #3 Exhibit C - Defendants' Admissible Exhibits)(Callow, Joseph)
September 11, 2015 Opinion or Order Filing 807 ORDER: "Plaintiffs' Joint Motion to Quash Subpoena Served on Sheldon Gilman and Motion in Limine to Preclude Defendants from Calling Sheldon Gilman to Testify at Trial" #793 is GRANTED. Signed by Judge William O. Bertelsman on 9/11/2015. (ECO)cc: COR
September 11, 2015 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #791 MOTION to Exclude by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC Undisclosed Exhibits (TJZ)
September 10, 2015 Filing 806 REPLY to Response to Motion re #791 MOTION to Exclude by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC Undisclosed Exhibits filed by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
September 10, 2015 Opinion or Order Filing 804 ORDER: Finding no need for argument, given the case schedule and status, the Court CANCELS today's call #788 and DENIES any additional discovery as to Gilman. Signed by Magistrate Judge Robert E. Wier on 9/10/2015.(ECO)cc: COR
September 9, 2015 Filing 803 RESPONSE in Opposition re #791 MOTION to Exclude by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC Undisclosed Exhibits filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Proposed Order)(Lewis, Benjamin)
September 9, 2015 Opinion or Order Filing 802 ORDER: 1) This motion #794 is GRANTED. Defs shall produce to Plfs' counsel the document in question w/in one (1) business day of entry of this Order. If Plfs lose said document, a copy thereof will be deemed valid. Signed by Judge William O. Bertelsman on 9/9/2015. (ECO)cc: COR Modified bold text on 9/9/2015 (ECO).
September 8, 2015 Filing 801 Exhibit List Amended Exhibit List of Defendants by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC.. (Callow, Joseph)
September 8, 2015 Filing 800 REPLY BRIEF to #793 Joint Motion to Quash Gilman Suboena & Preclude Trial Testimony filed by Linda G. Holt. (Trout, Eva)
September 8, 2015 Filing 799 REPLY BRIEF to #794 Emergency Motion to Produce Solimine Letter by All Plaintiffs filed by Linda G. Holt. (Trout, Eva)
September 8, 2015 Filing 798 RESPONSE in Opposition re #793 JOINT MOTION to Quash by Linda G. Holt Gilman Subpoena and in Limine to Preclude Gilman Trial Testimony filed by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
September 8, 2015 Opinion or Order Filing 797 ORDER: 1) The Defs' Motion to give Res Judicata Effect to John L. and Rosellen Griffin's Campbell County Probate Proceedings #762 is hereby DENIED. Signed by Judge William O. Bertelsman on 9/8/2015. (ECO)cc: COR
September 8, 2015 Filing 796 RESPONSE in Opposition re #794 EMERGENCY MOTION for Order by Linda G. Holt and All Plaintiffs to Produce Solimine Letter filed by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Attachments: #1 Exhibit A - Aug. 14, 2015 Email from Callow to Plts' Counsel producing original letter for inspection, #2 Exhibit B - Aug. 19, 2015 email from Trout, #3 Exhibit C - Sept. 1, 2015 email from Jakubowicz requesting production of original document at trial, #4 Exhibit D - Sept. 3, 2015 email from Wicker requesting testing, #5 Exhibit E - Sept. 3, 2015 email from Callow, #6 Exhibit F - Sept. 3, 2015 email from Wicker giving new address, #7 Exhibit G - Subsequent emails regarding protocol, #8 Exhibit H - Sept. 4, 2015 email exchange between Hankinson and Lewis, #9 Exhibit I - Solimine Facts)(Hankinson, Thomas)
September 8, 2015 Filing 795 "DUPLICATE" EMERGENCY MOTION for Order by Judith E. Prewitt, Cynthia L. Roeder to Enforce Defendants' Compliance with Court Order for Forensic Testing of Purported Attorney Letter Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order, #2 Exhibit A -- Solimine Letter)(Wicker, J.) Modified text to add duplicate motion on 9/8/2015 (ECO).
September 8, 2015 Filing 794 EMERGENCY MOTION for Order by Linda G. Holt and All Plaintiffs to Produce Solimine Letter Motions referred to Robert E. Wier. (Attachments: #1 Exhibit Exhibit A - Solimine Letter, #2 Proposed Order Proposed Order)(Trout, Eva)
September 8, 2015 Clerk's Note: Telephone call from attorney Christine Trout advising the Court that DE #795 EMERGENCY MOTION for Order is a duplicate motion filed by Attorney Wicker to DE #794 EMERGENCY MOTION for Order. Clerk advised Attorney that motion #795 will be termed and "Duplicate" added to the text. (ECO) Modified typo 9/8/2015 (ECO).
September 7, 2015 Filing 793 JOINT MOTION to Quash by Linda G. Holt Gilman Subpoena and in Limine to Preclude Gilman Trial Testimony (Attachments: #1 Memorandum in Support Memorandum in Support of Motion, #2 Exhibit A - Gilman Subpoena, #3 Proposed Order Proposed Order)(Trout, Eva)
September 4, 2015 Filing 792 Proposed Findings of Fact by Anthony A. Griffin, John M. Griffin, Martom Properties, LLC. (Callow, Joseph)
September 3, 2015 Filing 791 MOTION to Exclude by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC Undisclosed Exhibits Motions referred to Robert E. Wier. (Attachments: #1 Exhibit A - 2015-03-31 email from Tom Hankinson to Plaintiffs' Counsel, #2 Proposed Order Proposed Order)(Hankinson, Thomas)
September 3, 2015 Opinion or Order Filing 790 ORDER: 1) Def Martom's motion to dismiss #771 is DENIED; and 2) The Holt Plfs' motion to amend complaint #772 and Plf Betsy Osborn's motion to add Martom as a Def to her third amended complaint #773 are GRANTED. Signed by Judge William O. Bertelsman on 9/3/2015. (ECO)cc: COR Modified bold text on 9/3/2015 (ECO).
September 2, 2015 Filing 789 Exhibit List - Second Amended by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder.. (Attachments: #1 Exhibit Amended List of Exhibits)(Jakubowicz, Janet)
September 2, 2015 Opinion or Order Filing 788 ORDER: 1) By 9/8/2015 at 12:00 p.m., the parties SHALL submit brief letters outlining their positions on the discovery disputes. These letters should be provided to Chambers by email. Counsel shall copy opposing counsel. Counsel shall additionally submit any relevant portions of filings or other documents directly concerning the dispute. The Court particularly needs to see the relevant emails and the objected-to questions; 2) The Court SCHEDULES a TELEPHONIC CONFERENCE, for counsel only, on 9/10/2015 at 01:30 PM. Prior to the conf, the Court will send an email message to all counsel of record with the telephone number, access code, and security code to utilize, and counsel must call into the conf and be ready to proceed on the date and at the time designated; 3) In advance of the call, parties shall confer in an effort to reach an agreed resolution. They shall advise the Court if the call is not needed; 4) The Court will utilize the electronic sound (digital audio) recording system as the record for this call. (Parties shall see Order for details). Signed by Magistrate Judge Robert E. Wier on 9/2/2015.(ECO)cc: COR
September 1, 2015 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #773 MOTION for Leave by Elizabeth A. Osborn to Name Martom Properties, LLC as a Defendant To Her Third Amended Complaint, #772 MOTION to Amend/Correct by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder Complaint (TJZ)
August 31, 2015 Filing 787 REPLY to #773 IN SUPPORT OF MOTION TO NAME MARTOM PROPERTIES, LLC AS A DEFENDANT TO THIRD AMENDED COMPLAINT filed by Elizabeth A. Osborn. (Lewis, Benjamin)
August 31, 2015 Filing 786 REPLY BRIEF to #772 Motion to Amend by Holt Plaintiffs filed by Linda G. Holt. (Attachments: #1 Exhibit Exhibit A)(Trout, Eva)
August 26, 2015 Filing 785 Exhibit List Plaintiffs' First Amended by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder.. (Lewis, Benjamin)
August 26, 2015 ***MOTION SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: re #771 MOTION to Dismiss by Martom Properties, LLC, Martom Properties, LLC (LST)
August 25, 2015 Filing 784 REPLY to Response to Motion re #771 MOTION to Dismiss by Martom Properties, LLC, Martom Properties, LLC filed by Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
August 25, 2015 Filing 783 TRANSCRIPT of Proceedings: DAUBERT HEARING held on 8/17/2015 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: All Parties. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/18/2015. Redacted Transcript Deadline set for 9/28/2015. Release of Transcript Restriction set for 11/30/2015.
August 24, 2015 Filing 782 NOTICE by Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder re #776 Order, Set Deadlines,, of Daubert Hearing Exhibits (Wicker, J.)
August 24, 2015 Filing 781 RESPONSE in Opposition re #773 MOTION for Leave by Elizabeth A. Osborn to Name Martom Properties, LLC as a Defendant To Her Third Amended Complaint, #772 MOTION to Amend/Correct by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder Complaint Consolidated Opposition to Plaintiffs' Motions to Amend/Re-Construe Their Complaints filed by Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
August 24, 2015 Filing 780 NOTICE by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC re #776 Order, Set Deadlines,, of Daubert Hearing Exhibits (Callow, Joseph)
August 24, 2015 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #762 SEALED MOTION re #55 Protective Order, Terminate Motions by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (TJZ)
August 21, 2015 Filing 779 RESPONSE in Opposition re #771 MOTION to Dismiss by Martom Properties, LLC, Martom Properties, LLC by all Plaintiffs filed by Elizabeth A. Osborn, Judith E. Prewitt. (Attachments: #1 Proposed Order Proposed Order)(Trout, Eva)
August 21, 2015 Filing 778 REPLY BRIEF to #762 Motion To Give Res Judicata Effect to Prior Probate Proceedings filed by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC. (Callow, Joseph)
August 20, 2015 Filing 777 TRANSCRIPT of Proceedings: MOTION HEARING held on 8/6/2015 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: All Parties. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/14/2015. Redacted Transcript Deadline set for 9/24/2015. Release of Transcript Restriction set for 11/23/2015.
August 20, 2015 Opinion or Order Filing 776 ORDER: 1) W/in 5 days of entry of this Order, Plfs and Defs, respectively, shall file a list reflecting the exhibits whose admission into evidence was desired during the above hearing, and such list shall include the docket number ("Doc. #") of the document's location in the current record. Signed by Judge William O. Bertelsman on 8/20/2015.(ECO)cc: COR
August 19, 2015 Filing 775 TRANSCRIPT of Proceedings: FINAL PRETRIAL CONFERENCE held on 8/10/2015 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: All Parties. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/14/2015. Redacted Transcript Deadline set for 9/24/2015. Release of Transcript Restriction set for 11/20/2015.
August 17, 2015 Filing 805 Exhibit and Witness List for Daulbert Hearing held on 8/17/2015. (Maintained in Exhibit Vault in Clerk's Office-placed on second shelf-right-hand side).(ECO) Modified text on 9/10/2015 (ECO).
August 17, 2015 Opinion or Order Filing 774 MINUTE ENTRY ORDER FOR DAUBERT HEARING held on 8/17/2015 before Judge William O. Bertelsman: Parties present as noted. IT IS ORDERED that Defs' Motion to Exclude Testimony #669 of John E. Chilton is DENIED. (Court Reporter JOAN AVERDICK.) Signed by Judge William O. Bertelsman on 8/17/2015. (ECO)cc: COR
August 17, 2015 Filing 773 MOTION for Leave by Elizabeth A. Osborn to Name Martom Properties, LLC as a Defendant To Her Third Amended Complaint Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order)(Lewis, Benjamin)
August 17, 2015 Filing 772 MOTION to Amend/Correct by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder Complaint Motions referred to Robert E. Wier. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Trout, Eva)
August 17, 2015 Filing 771 MOTION to Dismiss by Martom Properties, LLC, Martom Properties, LLC (Attachments: #1 Proposed Order Proposed Order)(Callow, Joseph)
August 17, 2015 Set/Reset Hearings: BENCH TRIAL set for 9/14/2015 at 10:00 AM in COVINGTON before Judge William O. Bertelsman. (TJZ)
August 14, 2015 Filing 770 SEALED RESPONSE by All Plaintiffs to #762 Defendants' Motion, filed pursuant to #769 . (Attachments: #1 Proposed Order) (TJZ) Modified text on 8/18/2015 (TJZ).
August 14, 2015 Filing 769 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions, #762 SEALED MOTION re #55 Protective Order, Terminate Motions by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Proposed Order) (Trout, Eva)
August 11, 2015 Opinion or Order Filing 768 MINUTE ENTRY ORDER FOR FINAL PRETRIAL CONFERENCE held on 8/10/2015 before Judge William O. Bertelsman: Parties present as noted. IT IS ORDERED that: (Parties shall see Items 1 - 6 for details); 7) Daubert Hearing as to Plfs' expert witness, John Chilton, is set for 8/17/2015 at 01:00 PM in COVINGTON before Judge William O. Bertelsman; 8) All other rulings of the Court remain in effect. (Court Reporter JOAN AVERDICK.) Signed by Judge William O. Bertelsman on 8/11/2015. (ECO)cc: COR
August 10, 2015 Filing 767 Witness List by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
August 10, 2015 Filing 766 NOTICE OF FILING by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC re #763 Sealed Document, 1995 Appraisals (Callow, Joseph)
August 10, 2015 Filing 765 RESPONSE in Opposition re #756 THIRD MOTION in Limine by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder Plaintiffs' Third Joint Motion in Limine to Exclude Use of Untimely Produced Documents by the Estate of Dennis B. Griffin filed by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
August 7, 2015 Filing 764 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC (Attachments: #1 Exhibit Vol. I - 1 of 2, #2 Exhibit Vol. I - 2 of 2, #3 Exhibit Vol. II - 1 of 2, #4 Exhibit Vol. II - 2 of 2, #5 Exhibit Vol. III - 1 of 3, #6 Exhibit Vol. III - 2 of 3, #7 Exhibit Vol. III - 3 of 3) (Callow, Joseph)
August 7, 2015 Filing 763 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (Callow, Joseph)
August 7, 2015 Filing 762 SEALED MOTION re #55 Protective Order, Terminate Motions by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Proposed Order Proposed Order) (Callow, Joseph)
August 7, 2015 Opinion or Order Filing 761 MINUTE ENTRY ORDER FOR ORAL ARGUMENT HEARING held on 8/6/2015 before Judge William O. Bertelsman: Parties present as noted. IT IS ORDERED that: (Parties shall see Items 1-24 for details). (Court Reporter JOAN AVERDICK.) Signed by Judge William O. Bertelsman on 8/7/2015. (ECO)cc: COR
August 6, 2015 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #739 NINTH MOTION in Limine by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC to Preclude Opinion Testimony from Diane Medley (TJZ)
August 5, 2015 Filing 760 REPLY to Response to Motion re #739 NINTH MOTION in Limine by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC to Preclude Opinion Testimony from Diane Medley filed by Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
August 4, 2015 Opinion or Order Filing 759 ORDER: 1) Plfs' common-law claims for fraud, negligence, intentional interference with inheritance, aiding and abetting, and civil conspiracy are dismissed with prejudice; 2) All further proceedings in this action will be before the Court, sitting w/o a jury; 3) The Court will not permit expert witensses to testify as to the law of this or any other State; 4) The Court holds that the law of Ohio is the same as Kentucky with regard to the matter of self-dealing by a trustee or other fiduciary -- and with regard to fiduciary duties in general -- unless a party can demonstrate any relevant differences; and 5) The schedule for the trial of this matter previously established by the Court, including the time limits, will remain in effect. Signed by Judge William O. Bertelsman on 8/4/2015.(ECO)cc: COR
August 3, 2015 Opinion or Order Filing 758 ORDER: 1) Plfs' emergency motion to quash the subpoena served on John E. Chilton for appearance at the 8/6/2015 hearing #755 is GRANTED. Signed by Judge William O. Bertelsman on 8/3/2015.(ECO)cc: COR
August 1, 2015 Filing 757 RESPONSE in Opposition re #739 NINTH MOTION in Limine by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC to Preclude Opinion Testimony from Diane Medley by all Plaintiffs filed by Elizabeth A. Osborn, Judith E. Prewitt. (Attachments: #1 Proposed Order Proposed Order)(Trout, Eva)
July 31, 2015 Filing 756 THIRD MOTION in Limine by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder Plaintiffs' Third Joint Motion in Limine to Exclude Use of Untimely Produced Documents by the Estate of Dennis B. Griffin Motions referred to Robert E. Wier. (Attachments: #1 Memorandum in Support of Plaintiffs' Third Joint Motion in Limine to Preclude Defendants' Use of Untimely Produced Documents by the Estate of Dennis B. Griffin, #2 Exhibit 1 - June 9, 2015 Enclosure Letter from Joe Callow, #3 Exhibit 2 - July 15, 2015 Deposition of Anthony Griffin, #4 Exhibit 3 - Late Produced Purported Letters, #5 Exhibit 4 - July 22, 2015 Declaration of Timothy R. Neubauer, #6 Exhibit 5 - Privilege Log from the Estate of Dennis B. Griffin, #7 Exhibit 6 - Responses of Dennis B. Griffin to Betsy's Discovery Requests, #8 Exhibit 7 - January 31, 2012 Subpoena to Thompson Hine, #9 Exhibit 8 - Dennis Griffin's Responses to Cynthia Roeder's Interrogatories and Requests for Production, #10 Proposed Order)(Lewis, Benjamin)
July 31, 2015 Filing 755 EMERGENCY MOTION to Quash by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder Subpoena Served on John E. Chilton for Appearance at the August 6, 2015 Hearing (Attachments: #1 Memorandum in Support of Plaintiffs' Emergency Motion to Quash Subpoena, #2 Exhibit 1 - July 30, 2015 Subpoena to John E. Chilton, #3 Exhibit 2 - KY CLE Announcement for August 6, 2015 Presentation by John E. Chilton, #4 Proposed Order)(Lewis, Benjamin)
July 27, 2015 Filing 754 PRETRIAL MEMORANDUM by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Exhibit A - Plaintiffs' Original Proposed Stipulations of Fact)(Lewis, Benjamin)
July 27, 2015 Filing 753 STIPULATION Regarding Trial Exhibits - Jointly Filed by Linda G. Holt, Martom Properties, LLC, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Trout, Eva)
July 27, 2015 Filing 752 OBJECTIONS to Defendants' Designations of Deposition Testimony filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Lewis, Benjamin)
July 27, 2015 Filing 751 OBJECTIONS to Defendants' Witness List filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Lewis, Benjamin)
July 27, 2015 Filing 750 OBJECTIONS to Defendants' Exhibit List filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Lewis, Benjamin)
July 27, 2015 Filing 749 PRETRIAL MEMORANDUM by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Attachments: #1 Exhibit Exhibit A - Defendants' Proposed Draft Jury Instructions & Verdict Form)(Callow, Joseph)
July 27, 2015 Filing 748 STIPULATION Joint Stipulations by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
July 27, 2015 Filing 747 OBJECTIONS to #736 Plaintiffs' Exhibit List filed by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Attachments: #1 Exhibit Exhibit A - Objections to Plaintiffs' Exhibit List)(Callow, Joseph)
July 27, 2015 Filing 746 OBJECTIONS to #738 Plaintiffs' Submission of Deposition Excerpts to be Introduced at Trial filed by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
July 27, 2015 Filing 745 Proposed Jury Instructions by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Lewis, Benjamin)
July 27, 2015 Filing 744 Proposed Findings of Fact by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Lewis, Benjamin)
July 21, 2015 Filing 743 TRANSCRIPT of Proceedings: TELEPHONIC STATUS CONFERENCE held on 4/13/2015 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: Joseph Callow, Esq.. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 8/14/2015. Redacted Transcript Deadline set for 8/24/2015. Release of Transcript Restriction set for 10/22/2015.
July 20, 2015 Filing 742 MOTION to Substitute Party by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC Dennis Griffin Revocable Trust - 2012 for Defendant Dennis B. Griffin Motions referred to Robert E. Wier. (Attachments: #1 Exhibit A - Trust Agreement, #2 Proposed Order Proposed Order)(Callow, Joseph)
July 20, 2015 Filing 741 REPLY to Response to Motion re #708 EIGHTH MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC to Exclude Any Opinions From Sheldon Gilman Regarding Ohio-Law Trusts filed by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
July 20, 2015 Filing 740 REPLY to Response to Motion re #707 SEVENTH MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC to Exclude the 2013 Deposition Testimony of Dennis B. Griffin filed by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
July 14, 2015 Filing 739 NINTH MOTION in Limine by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC to Preclude Opinion Testimony from Diane Medley Motions referred to Robert E. Wier. (Attachments: #1 Exhibit A - Counsel Email Chain)(Callow, Joseph)
July 14, 2015 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #699 MOTION for Hearing re #669 MOTION to Exclude by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Exclude Testimony of John E. Chilton by John M. Griffin, Martom Properties, LLC (TJZ)
July 13, 2015 Filing 738 NOTICE by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder Deposition Designations (Lewis, Benjamin)
July 13, 2015 Filing 737 Witness List by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Lewis, Benjamin)
July 13, 2015 Filing 736 Exhibit List by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder.. (Attachments: #1 Exhibit Exhibit List)(Wicker, J.)
July 13, 2015 Filing 735 Exhibit List by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC.. (Callow, Joseph)
July 13, 2015 Filing 734 Witness List by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
July 13, 2015 Filing 733 NOTICE by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC Deposition Designations (Callow, Joseph)
July 13, 2015 Filing 732 REPLY to Response to Motion re #699 MOTION for Hearing re #669 MOTION to Exclude by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Exclude Testimony of John E. Chilton by John M. Griffin, Martom Properties, LLC filed by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
July 2, 2015 Filing 731 RESPONSE in Opposition re #708 EIGHTH MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC to Exclude Any Opinions From Sheldon Gilman Regarding Ohio-Law Trusts filed by Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Proposed Order Proposed Order)(Trout, Eva)
July 2, 2015 Filing 730 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Exhibit B - Dec. 18, 2009 Shareholder Meeting Minutes, #2 Exhibit C - April 22, 2010 Board Minutes, #3 Exhibit D - October 27, 2009 Board Minutes, #4 Exhibit I - 2010 Schedule K-1's for Griffin and related trusts, #5 Exhibit J - Darling Stock Issuance, #6 Exhibit K - Tony Griffin Depo pages, #7 Exhibit L - Jackson Property Special Warranty Deed, #8 Exhibit M - 2010 Lease Renewals) (Lewis, Benjamin)
July 2, 2015 Filing 729 RESPONSE in Opposition re #707 SEVENTH MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC to Exclude the 2013 Deposition Testimony of Dennis B. Griffin filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Exhibit A - September 14, 2012 E-mail from Joe Callow, #2 Exhibit B - December 18, 2009 Shareholder Meeting Minutes SEALED, #3 Exhibit C - April 22, 2010 Board Minutes SEALED, #4 Exhibit D - October 27, 2009 Board Minutes SEALED, #5 Exhibit E - April 21, 2010 Enquirer Article re Dennis Griffin, #6 Exhibit F - Dennis Griffin SOS filings, #7 Exhibit G - Dennis Griffin Interrogatory Answers, #8 Exhibit H - Scott Property Deed, #9 Exhibit I - 2010 K-1's for Griffin and related trusts SEALED, #10 Exhibit J - Darling Stock Issuance SEALED, #11 Exhibit K - Tony Griffin Deposition SEALED, #12 Exhibit L - Jackson Property Special Warranty Deed SEALED, #13 Exhibit M - 2010 Lease Renewals SEALED, #14 Proposed Order)(Lewis, Benjamin)
June 26, 2015 Filing 728 RESPONSE in Opposition re #699 MOTION for Hearing re #669 MOTION to Exclude by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Exclude Testimony of John E. Chilton by John M. Griffin, Martom Properties, LLC to Defendants' Motion for a Daubert Hearing filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Proposed Order)(Lewis, Benjamin)
June 26, 2015 Filing 727 RESPONSE in Opposition re #700 MOTION for Hearing re #633 SECOND MOTION in Limine by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder by John M. Griffin, Martom Properties, LLC of All Plaintiffs filed by Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Proposed Order Proposed Order)(Trout, Eva)
June 15, 2015 Filing 726 TRANSCRIPT of Proceedings: STATUS CONFERENCE held on 6/3/2015 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: J. Kent Wicker, Esq.. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 7/9/2015. Redacted Transcript Deadline set for 7/20/2015. Release of Transcript Restriction set for 9/17/2015.
June 15, 2015 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #671 SECOND MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Preclude Non-Disclosed Opinions, #673 FOURTH MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Exclude Argument That Dennis Griffin and John Griffin Were Trustes of Rosellen Griffin's Trust, #674 FIFTH MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Preclude Evidence or Argument Re Cold Spring Property, #669 MOTION to Exclude by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Exclude Testimony of John E. Chilton, #672 THIRD MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC To Preclude Argument That Assets Were "Transferred" Without Compensation, #670 FIRST MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Exclude Certain Opinions From Ronald Neyhart (TJZ)
June 12, 2015 Filing 725 REPLY to Response to Motion re #674 FIFTH MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Preclude Evidence or Argument Re Cold Spring Property filed by Anthony A. Griffin, John M. Griffin, Martom Properties, LLC. (Callow, Joseph)
June 12, 2015 Filing 724 REPLY to Response to Motion re #673 FOURTH MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Exclude Argument That Dennis Griffin and John Griffin Were Trustes of Rosellen Griffin's Trust filed by Anthony A. Griffin, John M. Griffin, Martom Properties, LLC. (Callow, Joseph)
June 12, 2015 Filing 723 REPLY to Response to Motion re #672 THIRD MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC To Preclude Argument That Assets Were "Transferred" Without Compensation filed by Anthony A. Griffin, John M. Griffin, Martom Properties, LLC. (Callow, Joseph)
June 12, 2015 Filing 722 REPLY to Response to Motion re #671 SECOND MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Preclude Non-Disclosed Opinions filed by Anthony A. Griffin, John M. Griffin, Martom Properties, LLC. (Callow, Joseph)
June 12, 2015 Filing 721 REPLY to Response to Motion re #670 FIRST MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Exclude Certain Opinions From Ronald Neyhart filed by Anthony A. Griffin, John M. Griffin, Martom Properties, LLC. (Callow, Joseph)
June 12, 2015 Filing 720 REPLY to Response to Motion re #669 MOTION to Exclude by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Exclude Testimony of John E. Chilton filed by Anthony A. Griffin, John M. Griffin, Martom Properties, LLC. (Callow, Joseph)
June 9, 2015 Filing 719 NOTICE of Appearance by Sarah A. Vonderbrink on behalf of John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC (Vonderbrink, Sarah)
June 8, 2015 Filing 718 RESPONSE in Opposition re #674 FIFTH MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Preclude Evidence or Argument Re Cold Spring Property filed by Elizabeth A. Osborn. (Lewis, Benjamin)
June 8, 2015 Filing 717 RESPONSE in Opposition re #669 MOTION to Exclude by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Exclude Testimony of John E. Chilton filed by Elizabeth A. Osborn. (Lewis, Benjamin)
June 8, 2015 Filing 716 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Exhibit 2 - Form 1120S from Griffin Industries 1987 Tax Return) (Trout, Eva)
June 8, 2015 Filing 715 RESPONSE in Opposition re #669 MOTION to Exclude by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Exclude Testimony of John E. Chilton filed by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Exhibit 1 - Griffin Stock Report by John E. Chilton, #2 Exhibit 2 - Form 1120S from Griffin Industries 1987 Tax Return, #3 Proposed Order)(Trout, Eva)
June 8, 2015 Filing 714 RESPONSE in Opposition re #674 FIFTH MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Preclude Evidence or Argument Re Cold Spring Property filed by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Proposed Order)(Trout, Eva)
June 8, 2015 Filing 713 RESPONSE to Motion re #673 FOURTH MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Exclude Argument That Dennis Griffin and John Griffin Were Trustes of Rosellen Griffin's Trust filed by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Trout, Eva)
June 8, 2015 Filing 712 RESPONSE in Opposition re #672 THIRD MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC To Preclude Argument That Assets Were "Transferred" Without Compensation filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Proposed Order)(Trout, Eva)
June 8, 2015 Filing 711 RESPONSE in Opposition re #671 SECOND MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Preclude Non-Disclosed Opinions filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Proposed Order)(Trout, Eva)
June 8, 2015 Filing 710 RESPONSE in Opposition re #670 FIRST MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Exclude Certain Opinions From Ronald Neyhart filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Proposed Order)(Trout, Eva)
June 8, 2015 Opinion or Order Filing 709 ORDER: 1) Def's motion to substitute the Estate of Dennis Griffin for Dennis Griffin #686 is GRANTED, and the Estate of Dennis Griffin shall be substituted for Dennis Griffin as a Def in these case; 2) Oral Argument Hearing on all pending motions in limine set for 8/6/2015 at 09:30 AM in Courtroom 5; 3) In their final pretrial memoranda, the parties shall address the following issues: (See Order). Signed by Judge William O. Bertelsman on 6/8/2015.(ECO)cc: COR
June 8, 2015 Filing 708 EIGHTH MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC to Exclude Any Opinions From Sheldon Gilman Regarding Ohio-Law Trusts Motions referred to Robert E. Wier. (Attachments: #1 Exhibit Exhibit 1 - Deposition of Sheldon Gilman, #2 Proposed Order Proposed Order)(Callow, Joseph)
June 8, 2015 Filing 707 SEVENTH MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC to Exclude the 2013 Deposition Testimony of Dennis B. Griffin Motions referred to Robert E. Wier. (Attachments: #1 Exhibit Exhibit A - Declaration of Joseph Broderick, MD, #2 Proposed Order Proposed Order)(Callow, Joseph)
June 8, 2015 Party Anthony A. Griffin added. (ECO)
June 8, 2015 Party Anthony A. Griffin added. Party Dennis B. Griffin (Trustee of the ) terminated. (ECO)
June 8, 2015 Party Anthony A. Griffin added. Party Dennis B. Griffin (Individually) terminated. (ECO)
June 8, 2015 Party Anthony A. Griffin added. Party Dennis B. Griffin terminated. (ECO)
June 8, 2015 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #650 SEVENTH MOTION in Limine by Linda G. Holt , #651 MOTION for Order by Linda G. Holt for Separate Judgment on Equitable Claims and Defenses, #649 JOINT MOTION in Limine by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder To Exclude Evidence and Argument Concerning Income Taxes on Misappropriated Asset Proceeds, #653 JOINT MOTION in Limine by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder to Exclude Testimony from Turney Berry and William Graf (TJZ)
June 5, 2015 Filing 706 REPLY to #651 IN SUPPORT OF MOTION FOR SEPARATE JUDGMENTS, filed by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Trout, Eva) Modified text on 6/8/2015 (TJZ).
June 5, 2015 Filing 705 REPLY to #650 MOTION in Limine to Exclude Any Evidence Regarding Inadequate Representation by Elizabeth Osborne by Linda G. Holt filed by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Trout, Eva) Modified text on 6/8/2015 (TJZ).
June 5, 2015 Filing 704 REPLY to #653 SECOND MOTION IN LIMINE TO EXCLUDE TESTIMONY FROM TURNEY BERRY AND WILLIAM GRAF filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Lewis, Benjamin) Modified text on 6/8/2015 (TJZ).
June 5, 2015 Filing 703 REPLY IN SUPPORT OF #649 MOTION IN LIMINE TO EXCLUDE EVIDENCE AND ARGUMENT CONCERNING INCOME TAXES ON MISAPPROPRIATED ASSET PROCEEDS filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Lewis, Benjamin) Modified text on 6/8/2015 (TJZ).
June 3, 2015 Filing 702 MINUTE ENTRY ORDER FOR MOTION HEARING/STATUS CONFERENCE held on 6/3/2015 before Judge William O. Bertelsman: Parties present as noted. Separate Order to be issued. (Court Reporter JOAN AVERDICK.) (ECO)cc: COR
June 2, 2015 Filing 701 RESPONSE to Motion re #686 MOTION to Substitute Party by John M. Griffin, Martom Properties, LLC Motion to Substitute the Estate of Dennis B. Griffin in the Place of Dennis B. Griffin filed by Judith E. Prewitt, Cynthia L. Roeder, Thompson Hine, LLP. (Attachments: #1 Exhibit A -- Dennis Griffin probate Documents, #2 Proposed Order)(Wicker, J.)
June 2, 2015 Filing 700 MOTION for Hearing re #633 SECOND MOTION in Limine by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder by John M. Griffin, Martom Properties, LLC Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order)(Hankinson, Thomas)
June 2, 2015 Filing 699 MOTION for Hearing re #669 MOTION to Exclude by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Exclude Testimony of John E. Chilton by John M. Griffin, Martom Properties, LLC Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order)(Hankinson, Thomas)
June 1, 2015 Filing 698 RESPONSE in Opposition re #653 JOINT MOTION in Limine by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder to Exclude Testimony from Turney Berry and William Graf filed by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
June 1, 2015 Filing 697 RESPONSE in Opposition re #651 MOTION for Order by Linda G. Holt for Separate Judgment on Equitable Claims and Defenses filed by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
June 1, 2015 Filing 696 RESPONSE in Opposition re #649 JOINT MOTION in Limine by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder To Exclude Evidence and Argument Concerning Income Taxes on Misappropriated Asset Proceeds filed by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
May 26, 2015 Filing 695 REPLY to Response to Motion re #637 FIFTH MOTION in Limine to Exclude Evidence of the Plaintiffs' Wealth by Linda G. Holt filed by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Trout, Eva) Modified text on 5/27/2015 (TJZ).
May 26, 2015 Filing 694 REPLY to Response to Motion re #635 FOURTH MOTION in Limine to Exclude Inadmissible Evidence and Argument re Defendants' Work for Griffin Industries by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder filed by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Trout, Eva) Modified text on 5/27/2015 (TJZ).
May 26, 2015 Filing 693 REPLY to Response to Motion re #638 SIXTH MOTION in Limine re "Constructive Notice" of Breach of Fiduciary Dutes by Linda G. Holt filed by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Trout, Eva) Modified text on 5/27/2015 (TJZ).
May 26, 2015 Filing 692 REPLY to #640 in Support of Plaintiff Elizabeth A. Osborn's First Motion in Limine to Exclude Certain Evidence Concerning her 1990 Lawsuit filed by Elizabeth A. Osborn. (Lewis, Benjamin)
May 26, 2015 Filing 691 REPLY to Response to Motion re #634 THIRD MOTION in Limine to Exclude Testimony of Janet Means by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder filed by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Trout, Eva) Modified text on 5/27/2015 (TJZ).
May 26, 2015 Filing 690 REPLY to Response to Motion re #633 SECOND MOTION in Limine to Exclude Hearsay Statements of John L. Griffin by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder filed by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Trout, Eva) Modified text on 5/27/2015 (TJZ).
May 26, 2015 Filing 689 REPLY to Response to Motion re #632 FIRST MOTION in Limine to Exclude Evidence of Advice of Counsel by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder filed by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Trout, Eva) Modified text on 5/27/2015 (TJZ).
May 18, 2015 Opinion or Order Filing 688 ORDER: 1) The hearing required by Fed. R. Civ. P. 25 on the Motion to Substitute is set for 6/3/2015 at 1:00 p.m.; A Status Conference, as suggested by the parties, will also be held at that time; 3) The TRIAL of all pending issues is set for 9/14/2015 at 10:00 AM, with any issues to be decided by the Court to be tried simultaneously with those for the jury; 4) All parties must attend the entire trial unless expressly excused by the Court; 5) Each set of parties will be allowed 20 hours for the presentation of evidence, including cross-examination; 6) Any issues remaining for the jury will be submitted to it no later than 9/28/2015; 7) FINAL PRETRIAL CONFERENCE pursuant to the Court's standard pretrial conference order, is set for 8/10/2015 at 01:00 PM. The final pretrial order, previously issued, must be strictly complied with by all parties. The Court will make every effort to rule on all motions in limine at or before the final pretrial conference so that trial time will not be taken up arguing same; 8) The following briefing schedule shall apply to motions currently pending: - Motions filed March 4-12, 2015: Replies due 5/26/2015; - Motions filed March 17-24, 2015: Responses due 6/1/2015, replies due 6/5/2015; and Motions filed April 3, 2015: Responses due 6/8/2015, replies due 6/12/2015.. Signed by Judge William O. Bertelsman on 5/18/2015.(ECO)cc: COR Modified text to correct date from 6/5/2014 to 6/5/2015 on 5/19/2015 (ECO).
May 18, 2015 ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #687 Status Report (TJZ)
May 15, 2015 Filing 687 JOINT STATUS REPORT of the Parties And the Non-Party Estate of Dennis B. Griffin by John M. Griffin, Martom Properties, LLC. (Callow, Joseph)
May 14, 2015 Filing 686 MOTION to Substitute Party by John M. Griffin, Martom Properties, LLC Motion to Substitute the Estate of Dennis B. Griffin in the Place of Dennis B. Griffin Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order)(Callow, Joseph)
May 14, 2015 Filing 685 NOTICE by John M. Griffin of the Death of Dennis Griffin (Callow, Joseph)
April 21, 2015 Filing 684 Letter from 6CCA advising petition for writ of mandamus is DENIED. (Attachments: #1 Copy of Order Denying Writ of Mandamus-No mandate to issue) (ECO)
April 14, 2015 Opinion or Order Filing 683 MINUTE ENTRY ORDER FOR STATUS CONFERENCE held on 4/13/2015 before Judge William O. Bertelsman: 1) The final pretrial conf date of 4/24/2015 and trial date of 5/4/2015 are VACATED; 2) All ddls for the filing of briefs on pending motions and trial materials are HELD IN ABEYANCE PENDING FURTHER ORDER OF THE COURT; 3) Defs shall file a status report by 5/15/2015, advising the Court of the status of the probate matters, whether currrent defense counsel will represent Mr. Griffin's estate and the matters mentioned above. (Court Reporter JOAN AVERDICK.). Signed by Judge William O. Bertelsman on 4/13/2015. (ECO)cc: COR
April 13, 2015 Opinion or Order Filing 682 PROVISIONAL ORDER: Any party has leave to file a formal motion concerning the subject matter addressed, which will result in the Court setting an expedited briefing schedule. That will produce a formal order that may then be appealed to the District Judge. If no formal motion surfaces by 4/14/2015, the provisional order will stand and resolve the distinct dispute presented. (Parties to see Order for details). Signed by Magistrate Judge Robert E. Wier on 4/13/2015.(ECO)cc: COR
April 10, 2015 Opinion or Order Filing 681 ORDER: 1) All deadlines are SUSPENDED until further order of the Court; 2) A TELEPHONIC STATUS CONFERENCE is set for 4/13/2015 at 02:30 PM before Judge William O. Bertelsman; 3) Counsel shall contact the undersigned's chambers before MONDAY, 4/13/2015, AT 10:00 a.m. to provide the telephone number at which they can be reached for the status confernce. Signed by Judge William O. Bertelsman on 4/10/2015.(ECO)cc: COR
April 7, 2015 Filing 680 RESPONSE in Opposition re #640 FIRST MOTION in Limine by Elizabeth A. Osborn to Exclude Certain Evidence Concerning her 1990 Lawsuit, #650 SEVENTH MOTION in Limine by Linda G. Holt filed by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
April 7, 2015 Filing 679 RESPONSE in Opposition re #638 SIXTH MOTION in Limine to exclude evidence plaintiffs had "constructive notice" of breach of fiduciary duties by Linda G. Holt filed by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph) Modified text on 4/8/2015 (TJZ).
April 7, 2015 Filing 678 RESPONSE in Opposition re #637 FIFTH MOTION in Limine to exclude all evidence of plaintiffs' wealth or income from Griffin Industries by Linda G. Holt filed by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph) Modified text on 4/8/2015 (TJZ).
April 6, 2015 Opinion or Order Filing 677 ORDER; 1)granting #676 Motion for Extension of Time; 2)Defs to exchange jury instructions and verdict forms and respond to the referenced motions in limine by 4/7/2015. Signed by Magistrate Judge Robert E. Wier on 4/6/2015. (LST)cc: COR
April 6, 2015 Filing 676 MOTION for Extension of Time by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC Unopposed Motion For Extension of Deadlines Motions referred to Robert E. Wier. (Attachments: #1 Affidavit Declaration of Thomas F. Hankinson, #2 Proposed Order Proposed Order)(Rhode, Jacob)
April 3, 2015 Filing 675 RESPONSE to #640 State No Objection to the First Motion in Limine of Elizabeth Osborn filed by Linda G. Holt. (Attachments: #1 Proposed Order Proposed Order)(Trout, Eva)
April 3, 2015 Filing 674 FIFTH MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Preclude Evidence or Argument Re Cold Spring Property Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order)(Callow, Joseph)
April 3, 2015 Filing 673 FOURTH MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Exclude Argument That Dennis Griffin and John Griffin Were Trustes of Rosellen Griffin's Trust Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order)(Callow, Joseph)
April 3, 2015 Filing 672 THIRD MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC To Preclude Argument That Assets Were "Transferred" Without Compensation Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order)(Callow, Joseph)
April 3, 2015 Filing 671 SECOND MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Preclude Non-Disclosed Opinions Motions referred to Robert E. Wier. (Attachments: #1 Exhibit A, Chilton Report re Griffin Stock, #2 Exhibit B, Medley Deposition, #3 Exhibit C, Glauber Deposition, #4 Exhibit D, Neyhart Deposition, #5 Proposed Order)(Callow, Joseph)
April 3, 2015 Filing 670 FIRST MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Exclude Certain Opinions From Ronald Neyhart Motions referred to Robert E. Wier. (Attachments: #1 Exhibit A, USPAP Definitions, #2 Exhibit B, Neyhart Deposition Excerpts, #3 Exhibit C, USPAP Standard 3, #4 Exhibit D, USPAP Standard 1, #5 Exhibit E, Neyhart Report, #6 Proposed Order)(Callow, Joseph)
April 3, 2015 Filing 669 MOTION to Exclude by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Exclude Testimony of John E. Chilton Motions referred to Robert E. Wier. (Attachments: #1 Exhibit A, Chilton Deposition, #2 Exhibit B, Chilton Report re Griffin Stock, #3 Exhibit C, Chilton Report re Craig Protein Stock, #4 Exhibit D, Chilton Report re Martom Properties, #5 Proposed Order)(Callow, Joseph)
April 1, 2015 Filing 668 NOTICE OF FILING BY THE COURT: Letter to jurors with jury questionnaire re #654 Order (ECO)
March 31, 2015 Opinion or Order Filing 667 ORDER: 1) The parties to submit (not file) brief (maximum of two pages) letters outlining their position on the discovery disputes by Tuesday, April 7, 2015, at 12:00 p.m. (noon). (Parties to see Order for details). Signed by Magistrate Judge Robert E. Wier on 3/31/2015.(ECO)cc: COR
March 31, 2015 Filing 666 RESPONSE to #654 Order Regarding Juror Questionnaire filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Attachments: #1 Appendix Appendix A)(Hankinson, Thomas)
March 31, 2015 Filing 665 RESPONSE to #654 Order Regarding Juror Questionnaire filed by Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Trout, Eva)
March 30, 2015 Filing 664 RESPONSE in Opposition re #635 FOURTH MOTION in Limine by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
March 30, 2015 Filing 663 RESPONSE in Opposition re #634 THIRD MOTION in Limine by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
March 30, 2015 Filing 662 RESPONSE in Opposition re #633 SECOND MOTION in Limine by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
March 30, 2015 Filing 661 RESPONSE in Opposition re #632 FIRST MOTION in Limine by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
March 27, 2015 Filing 660 Exhibit List by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder.. (Attachments: #1 Exhibit Exhibit List)(Wicker, J.)
March 27, 2015 Filing 659 Witness List by Linda G. Holt. (Trout, Eva)
March 27, 2015 Filing 658 NOTICE OF FILING by Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder , Linda Holt of Deposition Designations (Wicker, J.)
March 27, 2015 Filing 657 Exhibit List by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC.. (Hankinson, Thomas)
March 27, 2015 Filing 656 NOTICE by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC Deposition Designations (Hankinson, Thomas)
March 27, 2015 Filing 655 Witness List by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Hankinson, Thomas)
March 26, 2015 Opinion or Order Filing 654 ORDER: 1) Counsel shall file any suggestions or objections to these drafts no later than Tuesday, March 31,2015. Signed by Judge William O. Bertelsman on 3/26/2015.(ECO)cc: COR Modified text on 3/27/2015 (ECO).
March 24, 2015 Filing 653 JOINT MOTION in Limine by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder to Exclude Testimony from Turney Berry and William Graf (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Report of Turney Berry, #3 Exhibit 2 - Report of William Graf, #4 Exhibit 3 - Deposition of Turney Berry, #5 Exhibit 4 - Deposition of William Graf, #6 Proposed Order)(Lewis, Benjamin) Modified text on 3/25/2015 (TJZ).
March 23, 2015 Filing 652 RESPONSE to #651 , AND IN FURTHER SUPPORT OF, THE HOLT PLAINTIFFS' MOTION FOR SEPARATE JUDGMENT TO EQUITABLE CLAIMS AND DEFENSES filed by Elizabeth A. Osborn. (Lewis, Benjamin)
March 21, 2015 Filing 651 MOTION for Order by Linda G. Holt for Separate Judgment on Equitable Claims and Defenses (Attachments: #1 Memorandum in Support Memo in Support of SJ, #2 Proposed Order Proposed Order)(Trout, Eva) Modified text on 3/23/2015 (TJZ).
March 20, 2015 Filing 650 SEVENTH MOTION in Limine by Linda G. Holt (Attachments: #1 Memorandum in Support Memorandum, #2 Proposed Order Proposed Order)(Trout, Eva) Modified text on 3/23/2015 (TJZ).
March 17, 2015 Filing 649 JOINT MOTION in Limine by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder To Exclude Evidence and Argument Concerning Income Taxes on Misappropriated Asset Proceeds (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Exhibit A - Deposition of John Chilton)(Lewis, Benjamin) Modified text on 3/18/2015 (TJZ).
March 16, 2015 Opinion or Order Filing 648 ORDER: 1) Defs' motion #639 if GRANTED and the "New Requested Dates" listed in the chart are the deaddlines for the listed disclosures and filings under the Court's 12/2/2014 Final Pretrial Conference Order #617 . Signed by Judge William O. Bertelsman on 3/16/2015.(ECO)cc: COR
March 13, 2015 Filing 647 RESPONSE to #638 And In Further Support of the Holt Plaintiffs' Sixth Motion in Limine to Regarding "Constructive Notice" of Breach of Fiduciary Duties by Dennis and Griffy filed by Elizabeth A. Osborn. (Attachments: #1 Exhibit 1 - 1995-1996 Correspondence to/from Timothy Neubauer, Esq., #2 Exhibit 2 - Letters and Spreadsheets Concerning John L. Griffin Estate and 1967 Trust, #3 Proposed Order)(Lewis, Benjamin)
March 13, 2015 Filing 646 RESPONSE to #637 And In Further Support of the Holt Plaintiffs' Fifth Motion in Limine to Exclude Evidence of Plaintiffs' Wealth filed by Elizabeth A. Osborn. (Lewis, Benjamin)
March 13, 2015 Filing 645 RESPONSE to #635 , AND IN FURTHER SUPPORT OF, THE HOLT PLAINTIFFS' FOURTH MOTION IN LIMINE TO EXCLUDE INADMISSIBLE EVIDENCE AND ARGUMENT filed by Elizabeth A. Osborn. (Attachments: #1 Proposed Order)(Lewis, Benjamin)
March 13, 2015 Filing 644 RESPONSE to #634 , AND IN FURTHER SUPPORT OF, THE HOLT PLAINTIFFS' THIRD MOTION IN LIMINE TO EXCLUDE INADMISSIBLE TESTIMONY OF JANET MEANS filed by Elizabeth A. Osborn. (Attachments: #1 Proposed Order)(Lewis, Benjamin)
March 13, 2015 Filing 643 RESPONSE to #633 , AND IN FURTHER SUPPORT OF, THE HOLT PLAINTIFFS' SECOND MOTION IN LIMINE TO EXCLUDE HEARSAY STATEMENTS OF JOHN L. GRIFFIN filed by Elizabeth A. Osborn. (Attachments: #1 Proposed Order)(Lewis, Benjamin)
March 13, 2015 Filing 642 RESPONSE to #632 AND IN FURTHER SUPPORT OF THE HOLT PLAINTIFFS' FIRST MOTION IN LIMINE TO EXCLUDE EVIDENCE OF ADVICE OF COUNSEL filed by Elizabeth A. Osborn. (Lewis, Benjamin)
March 12, 2015 Filing 641 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Elizabeth A. Osborn (Attachments: #1 Exhibit 1 - August 27, 1992 Order) (Lewis, Benjamin)
March 12, 2015 Filing 640 FIRST MOTION in Limine by Elizabeth A. Osborn to Exclude Certain Evidence Concerning her 1990 Lawsuit Motions referred to Robert E. Wier. (Attachments: #1 Memorandum in Support of Elizabeth Osborn's First Motion in Limine to Exclude Certain Evidence Concerning her 1990 Lawsuit, #2 Exhibit 1 - August 27, 1992 Order (FILED UNDER SEAL), #3 Proposed Order)(Lewis, Benjamin)
March 11, 2015 Filing 639 MOTION for Extension of Time by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC Unopposed Motion for Extension of Pretrial Disclosure Deadlines Motions referred to Robert E. Wier. (Attachments: #1 Affidavit Declaration of Thomas F. Hankinson, #2 Proposed Order Proposed Order)(Hankinson, Thomas)
March 11, 2015 Filing 638 SIXTH MOTION in Limine regarding "Constructive Notice" of Breach of Fiduciary Duties by Linda G. Holt Motions referred to Robert E. Wier. (Attachments: #1 Memorandum in Support Memorandum, #2 Proposed Order Proposed Order)(Trout, Eva) Modified text on 3/12/2015 (TJZ).
March 11, 2015 Filing 637 FIFTH MOTION in Limine to exclude evidence of the plaintiff's wealth by Linda G. Holt Motions referred to Robert E. Wier. (Attachments: #1 Memorandum in Support Memorandum, #2 Proposed Order Proposed Order)(Trout, Eva) Modified texton 3/12/2015 (TJZ).
March 4, 2015 Filing 636 MINUTE ENTRY ORDER FOR TELEPHONIC CONFERENCE held on 3/4/2015 before Magistrate Judge Robert E. Wier: Parties present as noted. All parties advised that they resolved the disputes. The Court thus took no action on them. Parties to See Minute Entry for Details. (Tape #KYED-LEX-2-11-cv-89-WOB-REW-20140304-155110.dcr.) Signed by Robert E. Wier. (ECO)cc: COR
March 4, 2015 Filing 635 FOURTH MOTION in Limine by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder . (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Wicker, J.) Modified text to take out referral language on 3/10/2015 (ECO).
March 4, 2015 Filing 634 THIRD MOTION in Limine by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder . (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Wicker, J.) Modified text to take out referral language on 3/10/2015 (ECO).
March 4, 2015 Filing 633 SECOND MOTION in Limine by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder . (Attachments: #1 Memorandum in Support, #2 Exhibit A - McDougal Depo Transcript, #3 Exhibit B - Means Depo Transcript, #4 Exhibit C - 1995 Note, #5 Exhibit D - 1992 Affidavit, #6 Proposed Order)(Wicker, J.) Modified text to take out referral language on 3/10/2015 (ECO).
March 4, 2015 Filing 632 FIRST MOTION in Limine by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder . (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Wicker, J.) Modified to take out referral language on 3/10/2015 (ECO).
February 26, 2015 Opinion or Order Filing 631 ORDER: 1) The Court SCHEDULES a TELEPHONIC CONFERENCE, for counsel only, on 3/4/2015 at 04:00 PM. Prior to the telephonic conf, the Court will send an email message to all counsel of record with a telephone number, access code, and security code to utilize, and counsel must call into the conf and be ready to proceed on the date and time designated; 2) In advance of the call, parties shall continue to confer (i.e., actually talk with one another) in an effort to reach an agreed resolution. They shall promptly advise the Court if the call is not needed; 3) The Court will utilize the electronic sound (digital audio) recording system as the record for this case. Signed by Magistrate Judge Robert E. Wier on 2/26/2015.(ECO)cc: COR, Lexington Court Diary Modified text on 2/27/2015 (ECO).
February 24, 2015 Opinion or Order Filing 630 ORDER: The Court on it own motion, CANCELS the telephonic conference scheduled for 2/25/2015, and ORDERS the parties to submit brief status updates on the dispute via email (copying opposing counsel) by 2/25/2015 at 4:00 PM. The Court will assess the updates, and if the parties have not resolved the entire dispute, will set a prompt call as warranted. Signed by Magistrate Judge Robert E. Wier on 2/24/2015.(ECO)cc: COR
February 19, 2015 Opinion or Order Filing 629 ORDER: The Court RESCHEDULES today's telephonic conference for Wednesday, 2/25/2015 at 04:00 PM in LEXINGTON before Magistrate Judge Robert E. Wier. Signed by Magistrate Judge Robert E. Wier on 2/18/2015.(TJZ)cc: COR
February 10, 2015 Filing 628 Appearance of Counsel by Joseph M Callow, Jr. from 6CCA (ECO)
February 9, 2015 Filing 627 LETTER from 6CCA advising writ of mandamus has been docketed as case number 15-5139, Case Manager is Jeanine Hance (Attachments: #1 Copy of Writ of Mandamus)(ECO) Modified text on 2/10/2015 (ECO). Modified typo on 4/22/2015 (ECO).
February 6, 2015 Opinion or Order Filing 626 ORDER: 1) By 2/11/2015 at 12:00 p.m. (noon), parties SHALL submit (not file) brief (maximum two pages) letters outlining their position on the discovery dispute. These letters may be in PDF, DOC, WPD, or TXT format and should be provided to Chambers via email (see Order). Counsel shall copy opposing counsel. Counsel shall additionally submit any relevant portions of filings or other documents directly concerning the dispute; 2) The Court SCHEDULES a TELEPHONIC CONFERENCE for counsel only, on 2/18/2015 at 02:30 PM. Prior to the telephone conf, the Court will send an email to all counsel of record with the telephone number, access code, and security code to utilize, and counsel must call into the conf and be ready to proceed on the date and at the time designated; 3) In advance of call, parties shall continue to confer in an effort to reach an agreed resolution. They shall promptly advise the Court if the call is not needed; 4) The Court will utilize the electronic sound (digital audio) recording system as the record for the call. Signed by Magistrate Judge Robert E. Wier on 2/6/2015.(ECO)cc: COR
January 16, 2015 Filing 625 NOTICE by Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder of Service of Expert Disclosures (Trout, Eva)
January 14, 2015 Opinion or Order Filing 624 ORDER: 1) The Motion for certification to file interlocutory appeal #614 is DENIED; 2) The trial schedule previously set by the Court shall be adhered to. No continuance will be granted barring unanticipated and exceptional circumstances. Signed by Judge William O. Bertelsman on 1/14/2015. (ECO)cc: COR
January 12, 2015 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #614 MOTION for Order by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC for Certification to File Interlocutory Appeal Pursuant to 28 U.S.C. 129 (TJZ)
January 8, 2015 Filing 623 REPLY to Response to Motion re #614 MOTION for Order by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC for Certification to File Interlocutory Appeal Pursuant to 28 U.S.C. 129 filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
December 23, 2014 Filing 622 NOTICE by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC of Declination to Substitute Liability Expert For Joseph L. Rippe, Sr. With Reservation of Right to Identify Damages Expert(s) (Hankinson, Thomas)
December 22, 2014 Filing 621 RESPONSE in Opposition re #614 MOTION for Order by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC for Certification to File Interlocutory Appeal Pursuant to 28 U.S.C. 129 filed by Elizabeth A. Osborn. (Attachments: #1 Proposed Order)(Lewis, Benjamin)
December 22, 2014 Filing 620 RESPONSE in Opposition re #614 MOTION for Order by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC for Certification to File Interlocutory Appeal Pursuant to 28 U.S.C. 129 filed by Linda G. Holt. (Attachments: #1 Proposed Order Proposed Order)(Trout, Eva)
December 22, 2014 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #614 MOTION for Order by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC for Certification to File Interlocutory Appeal Pursuant to 28 U.S.C. 129 (TJZ)
December 8, 2014 Opinion or Order Filing 619 MINUTE ENTRY ORDER FOR TELEPHONIC DISCOVERY CONFERENCE held on 12/8/2014 before Magistrate Judge Robert E. Wier: Parties present as noted. 1) Liability expert depositions SHALL conclude by 3/1/2015; 2) a. Plfs' ddl to identify experts and disclose reports is 1/16/2015; b. Defs' ddl to depose Plfs' experts is 2/9/2015; c. Defs' ddl to identify experts and disclose reports is 2/23/2015; d. Plfs' ddl to depose Defs' experts is 3/23/2015; 3) Parties must agree to depo dates and locations, as to Plfs' damages expert by 1/16/2015; Same requirements apply reciprocally to Defs' damage experts by 2/23/2015; 4) If parties can agree to a schedule and identification and disclosure of replacement expert for Defs' now-deceased expert, they are free to proceed by agreement. Parties should reach an agreement or Defs should file a motion by 12/23/2014 (Parties to see Minute Entry Order for details). (Tape #KYED-LEX-2-11-cv-89-WOB-REW -20141208-141709.) Signed by Magistrate Judge Robert E. Wier on 12/8/2014. (ECO)cc: COR Modified bold on 12/9/2014 (ECO).
December 5, 2014 Filing 618 TRANSCRIPT of Proceedings: ORAL ARGUMENT held on 11/13/2014 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: Joseph Callow, Esq.. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 1/2/2015. Redacted Transcript Deadline set for 1/8/2015. Release of Transcript Restriction set for 3/9/2015.
December 2, 2014 Opinion or Order Filing 617 FINAL PRETRIAL CONFERENCE ORDER: 1) FINAL PRETRIAL CONFERENCE set for 4/24/2015 at 01:30 PM, Room 375, in COVINGTON before Judge William O. Bertelsman. Jury Trial set for 5/4/2015 at 10:00 AM in COVINGTON before Judge William O. Bertelsman. (Parties to compy with paragraphs I thru V and Format for Pretrial Memorandum I thru VII). Signed by Judge William O. Bertelsman on 12/2/2014.(ECO)cc: COR
December 2, 2014 Opinion or Order Filing 616 ORDER: 1) By 12/4/2014, at 5:00 p.m., parties SHALL submit (not file) brief (maximum two pages) letters outlining their position on the discovery dispute. These letters may be in PDF, DOC, WPD, or TXT format and should be provided to Chambers by email (see order). Counsel shall copy opposing counsel. Counsel shall additionally submit any relevant portions of filings directly concerning the dispute; 2) The Court SCHEDULES a TELEPHONIC CONFERENCE, for counsel only, on 12/8/2014 at 03:30 p.m. Prior to the conference, the Court will send an email to all counsel of record with the telephone number, access code, and security code to utilize, and counsel must call into the conference and be ready to proceed on the date and at the time designated; 3) In advance of call, parties shall continue to confer (i.e., actually talk with one another) in an effort to reach an agreed resolution. They shall promptly advise the Court if the call is not needed; (4) The Court will utilize the electronic sound (digital audio) recording system as the record for the call. Signed by Magistrate Judge Robert E. Wier on 12/2/2014.(ECO)cc: COR
December 1, 2014 Filing 615 NOTICE by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC of Declination to Consent to a Trial Without a Jury (Callow, Joseph)
November 26, 2014 Filing 614 MOTION for Order by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC for Certification to File Interlocutory Appeal Pursuant to 28 U.S.C. 1292(b). (Attachments: #1 Proposed Order Proposed Order)(Callow, Joseph) Modified text to take out referral language on 12/1/2014 (ECO).
November 24, 2014 Filing 613 NOTICE by Linda G. Holt Regarding Requested Remedy (Trout, Eva)
November 14, 2014 Opinion or Order Filing 612 MINUTE ENTRY ORDER FOR MOTION HEARING held on 11/13/2014 before Judge William O. Bertelsman: Parties present as noted. IT IS ORDERED: 1) The pending motions ( #591 , #592 , #593 , #598 ) are DENIED; 2) On or before 11/26/2014, parties shall confer and file a joint proposed discovery schedule, as discussed at hearing; 3) On or before 12/1/2014, Defs shall advise the Court in writing whether they consent to a trial w/out a jury; 4) TRIAL set for 5/4/2015 at 10:00 AM. The Court will issue its final pretrial order after Defs inform the Court of their decision regarding the jury. (Court Reporter JOAN AVERDICK.) Signed by Judge William O. Bertelsman on 11/14/2014. (ECO)cc: COR
November 12, 2014 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #593 MOTION for Order by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC , #592 MOTION to Dismiss for Lack of Jurisdiction by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC , #591 MOTION for Reconsideration re #590 Memorandum Opinion & Order, Terminate Motions, Set Hearings,,,,,,,,,,,,,,,,,, by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC (TJZ)
November 11, 2014 Filing 611 REPLY to Response to Motion re #593 MOTION for Order by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Hankinson, Thomas)
November 11, 2014 Filing 610 REPLY to Response to Motion re #592 MOTION to Dismiss for Lack of Jurisdiction by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Attachments: #1 Appendix Appendix A)(Hankinson, Thomas)
November 11, 2014 Filing 609 REPLY to Response to Motion re #591 MOTION for Reconsideration re #590 Memorandum Opinion & Order, Terminate Motions, Set Hearings,,,,,,,,,,,,,,,,,, by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Hankinson, Thomas)
November 3, 2014 Opinion or Order Filing 608 ORDER: The Court has carefully evaluated the parties' submissions and perceives no mature dispute under the Rules. The Court declines to schedule a conference or take other action on this matter at this time. To the extent the matter reveals disagreement over the preclusive effect of prior deadlines imposed by Judge Bertelsman, the parties likely should inquire for clarification at the 11/13 status conference. Signed by Magistrate Judge Robert E. Wier on 11/3/2014.(TJZ)cc: COR
November 3, 2014 Filing 607 RESPONSE in Opposition re #592 MOTION to Dismiss for Lack of Jurisdiction by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC filed by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Proposed Order)(Trout, Eva)
November 3, 2014 Filing 606 RESPONSE to Motion re #593 MOTION for Order by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC filed by Elizabeth A. Osborn. (Attachments: #1 Exhibit 1 - Pertinent Pages of September 4, 2013 Hearing Transcript, #2 Exhibit 2 - E-mail Chain Between Lewis and Hankinson, #3 Exhibit 3 - E-mail Chain Between Wicker and Callow, #4 Proposed Order)(Lewis, Benjamin)
November 3, 2014 Filing 605 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Elizabeth A. Osborn (Attachments: #1 Exhibit 2 - Trust/Estate Administration Notes, #2 Exhibit 3 - Purported Craig Protein Option) (Lewis, Benjamin)
November 3, 2014 Filing 604 RESPONSE in Opposition re #591 MOTION for Reconsideration re #590 Memorandum Opinion & Order, Terminate Motions, Set Hearings,,,,,,,,,,,,,,,,,, by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC filed by Elizabeth A. Osborn. (Attachments: #1 Exhibit 1 - Sealed Marker for May 19, 1995 Letter from Richard Ruebel to Dennis Griffin, #2 Exhibit 2 - Sealed Marker for Trust/Estate Administration Notes, #3 Exhibit 3 - Sealed Marker for Purported Craig Protein Option, #4 Exhibit 4 - Seventh Codicil to John L. Griffin's Will, #5 Exhibit 5 - Fifth Amendment to 1967 Trust, #6 Proposed Order)(Lewis, Benjamin)
November 3, 2014 Filing 603 RESPONSE in Opposition re #592 MOTION to Dismiss for Lack of Jurisdiction by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC filed by Elizabeth A. Osborn. (Attachments: #1 Proposed Order)(Lewis, Benjamin)
October 31, 2014 Filing 602 RESPONSE to #593 Defendants' Motion for Expert Discovery Schedule filed by Linda G. Holt. (Attachments: #1 Proposed Order Proposed Order)(Trout, Eva)
October 31, 2014 Filing 601 RESPONSE in Opposition re #591 MOTION for Reconsideration re #590 Memorandum Opinion & Order, Terminate Motions, Set Hearings,,,,,,,,,,,,,,,,,, by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC filed by Linda G. Holt. (Attachments: #1 Proposed Order Proposed Order)(Trout, Eva)
October 28, 2014 Opinion or Order Filing 600 ORDER: Parties to submit (not file) brief maximum 2 pages letters outlining their position on the discovery dispute by 12:00 p.m. on Thursday, 10/30/2014. These letters may be in PDF, DOC, WPD OR TXT format and should be provided to Chambers by email. Counsel shall copy opposing counsel. Counsel shall submit any relevant portions of filings or formal discovery request and responses concerning the dispute. Letters shall specifically address the basis for and posture of the dispute. Upon receipt of the letters, the Court will assess whether the matter warrants a call. The record suggests a formal request made only on 10/23/2014 #595 and the Court continues to question whether there is a mature dispute under the Rules. Signed by Magistrate Judge Robert E. Wier on 10/28/2014.(TJZ)cc: COR
October 27, 2014 Filing 599 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Elizabeth A. Osborn (Attachments: #1 Exhibit 8 - Jay Gee Purchase Money Check from Griffin Industries, #2 Exhibit 9 - 1978 Henderson Property Lease, #3 Exhibit 10 - 2010 Martom Property Leases, #4 Exhibit 11 - 2010 Cold Spring Property Tax Invoice and Payment by Griffin Industries) (Lewis, Benjamin)
October 27, 2014 Filing 598 MOTION for Reconsideration re #590 Memorandum Opinion & Order, Terminate Motions, Set Hearings by Elizabeth A. Osborn. (Attachments: #1 Memorandum in Support of Motion for Partial Reconsideration, #2 Exhibit 1 - Special Warranty Deed, #3 Exhibit 2 - 11.23.2010 E-mail from Louis F. Solimine, #4 Exhibit 3 - September 1973 Purchase Contract, #5 Exhibit 4 - 1974 Cold Spring Property Deed, #6 Exhibit 5 - 01.08.1974 Letter Concerning New Grantee, #7 Exhibit 6 - 02.04.1974 Letter Confirm Request that John L. Griffin be Grantee, #8 Exhibit 7 - Cold Spring Property Refund Check to John L. Griffin, Trustee (Filed under Seal), #9 Exhibit 8 - Jay Gee Purchase Money Check from Griffin Industries (Filed under Seal), #10 Exhibit 9 - 1978 Henderson Property Lease (Filed under Seal), #11 Exhibit 10 - 2010 Martom Leases (Filed under Seal), #12 Exhibit 11 - 2010 Cold Spring Property Tax Invoice and Payment by Griffin Industries (Filed under Seal), #13 Exhibit 12 - Easement on Cold Spring Property by John L. Griffin, #14 Exhibit 13 - Construction Permits and Applications on Cold Spring Property, #15 Proposed Order)(Lewis, Benjamin) Modified text to take out referral language and cleaned-up up extra commas on 11/5/2014 (ECO).
October 24, 2014 Opinion or Order Filing 597 ORDER: The Court GRANTS the motion #596 and permits Hon. Jacob D. Rhode, to serve as Pro Hac Vice counsel for Defs, Dennis B. Griffin, John M. Griffin, Robert A. Griffin, and Martom Properties, LLC. Signed by Magistrate Judge Robert E. Wier on 10/24/2014. (ECO)cc: COR, w/c of Mandatory ECF General Order and ECF Registration form to Atty Jacob Rhode
October 24, 2014 BAR STATUS Check completed as to Jacob D. Rhode re #596 MOTION for Jacob D. Rhode to Appear Pro Hac Vice by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC. (ECO)
October 24, 2014 ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #596 MOTION for Jacob D. Rhode to Appear Pro Hac Vice by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC, Martom Properties, LLC (ECO)
October 24, 2014 ***FILE SUBMITTED TO CHAMBERS of Robert E. Wier for review: #595 Request to permit entry upon land (TJZ)
October 23, 2014 Filing 596 MOTION for Jacob D. Rhode to Appear Pro Hac Vice by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC (Filing fee $95; receipt number 0643-3070750). Motions referred to Robert E. Wier. (Attachments: #1 Affidavit of Jacob D. Rhode, #2 Proposed Order) (Filed pursuant to QC DE #148 in Member Case 2:13-CV-32-WOB-REW)(ECO)
October 23, 2014 Filing 595 REQUEST to permit entry upon land by Linda G. Holt.(Wicker, J.)
October 21, 2014 Filing 594 NOTICE: On 10/20/2014, Hon. Eva Christine Trout, counsel for the Holt Plfs, contacted Chambers to request a telephonic conference regarding a dispute the parties have been unable to resolve themselves concerning inspection of real estate. Upon further conversation with all counsel and upon noting Plfs have not made a formal Rule 34 request that could, depending on Defs' response and subsequent developments, lead to crystallizaton of an actual discovery dispute, the Court declines to set a telephonic conference or take other action at this time. The Court provides this notice in light of the particular posture of the case and the historical vigor of the parties' litigation conduct. Signed by Magistrate Judge Robert E. Wier on 10/21/2014.(ECO)cc: COR
October 14, 2014 NOTICE OF DOCKET MODIFICATION TO Joseph Callow re #591 MOTION for Reconsideration; Error: attachments were insufficiently described as Exhibit A, Exhibit B.Entry by attorney; Correction: the Clerk renamed the attachments. Attachmentsmust be adequately described. Example: Exhibit A (incorrect); Exhibit AAffidavit of John Doe (correct). No further action required by counsel. cc: COR(TJZ)
October 10, 2014 Filing 593 MOTION for Order by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC . (Attachments: #1 Proposed Order)(Callow, Joseph) Modified text to take out referral language on 11/5/2014 (ECO).
October 10, 2014 Filing 592 MOTION to Dismiss for Lack of Jurisdiction by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC (Attachments: #1 Proposed Order)(Callow, Joseph)
October 10, 2014 Filing 591 MOTION for Reconsideration re #590 Memorandum Opinion & Order, Terminate Motions, Set Hearings by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Attachments: #1 Exhibit A-defs MSJ, #2 Exhibit B-memo in opposition, #3 Exhibit C-reply memo, #4 Exhibit D-Memo Opinion dated 8/27/1992, #5 Proposed Order Text of Proposed Order)(Callow, Joseph) Modified text on 10/14/2014 (TJZ). Modifiedtext to take out referral language on 11/5/2014 (ECO).
September 29, 2014 Opinion or Order Filing 590 MEMORANDUM OPINION & ORDER: 1) Although the Court has dismissed the sole federal claim in the Holt action, the Court concludes that its exercise of supplemental jurisdiction over these plfs' remaining state law claims is appropriate to 28 U.S.C. 1367; 2) The objections ( #571 , #572 , #564 , #575 , #584 , #585 ) to the Orders of the Magistrate Judge are OVERRULED; 3) The motion by Griffin defs and Martom for the Court to disregard the deposition testimony of Dennis Griffin in ruling on the motions for summary judgment #541 is DENIED; 4) Plfs' motion for leave to file a surreply #533 is GRANTED; 5) Keating's motions for summary judgment ( #422 , #423 ) are GRANTED; 6) The Griffin defs' motion for all claims related to the Cold Spring property #433 are GRANTED; 7) Defs' motion for summary judgment that all claims are time-barred #432 is GRANTED IN PART AND DENIED IN PART; 8) Defs' motion for summary judgment based on the 1985-86 stock transactions #434 is DENIED; 9) Defs' motion for summary judgment on all claims based on the admnistration of Father's estate #435 is DENIED; 10) Plfs' motions for summary judgment ( #424 , #427 ) are DENIED, consistent with this Opinion; 11) Defs' motion for summary judgment as to the RICO claims #436 is GRANTED; 12) Betsy's motion to dismiss the counterclaim against her #400 is GRANTED; and 13) A STATUS CONFERENCE is set for 11/13/2014 at 01:30 PM, during which the Court intends to discuss setting a trial date in January, 2015. Signed by Judge William O. Bertelsman on 9/29/2014.(ECO)cc: COR
August 22, 2014 Opinion or Order Filing 589 ORDER: Motion to w/draw #588 is granted. Jennifer A. Schultz is permitted to w/draw as co-counsel for Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. Signed by Judge William O. Bertelsman on 8/22/2014.(ECO)cc: COR
August 22, 2014 ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #588 MOTION to Withdraw by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (TJZ)
August 21, 2014 Filing 588 MOTION to Withdraw by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order)(Wicker, J.)
August 14, 2014 Filing 587 REPLY to #582 Plaintiff Elizabeth Osborn's Response to Dennis Griffin's Objections to the July 10, 2014 Order of the Magistrate Judge at Docket 563 filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin. (Hankinson, Thomas)
August 14, 2014 Filing 586 RESPONSE to #585 , #584 Plaintiffs' Objections to the July 29, 2014 Order of the Magistrate Judge Declining to Order Production of Documents in Light of In Camera Review filed by Robert A. Griffin, Griffin Industries, LLC. (Hankinson, Thomas)
August 13, 2014 ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #585 Objections, #584 Objections (TJZ)
August 12, 2014 Filing 585 OBJECTIONS to #580 July 29, 2014 Order of the Magistrate Judge filed by Elizabeth A. Osborn. (Lewis, Benjamin)
August 12, 2014 Filing 584 OBJECTIONS to #580 Magistrate Judge's Order dated July 29, 2014 filed by Linda G. Holt. (Attachments: #1 Proposed Order Proposed Order)(Trout, Eva)
August 7, 2014 Opinion or Order Filing 583 MINUTE ENTRY ORDER FOR SETTLEMENT CONFERENCE held on 8/7/2014 before Magistrate Judge Robert E. Wier; 1)Parties were unable to resolve their dispute, and the case remains on the Court's active docket (Court Reporter NONE.). Signed by Magistrate Judge Robert E. Wier on 8/7/2014. (LST)cc: COR
August 7, 2014 Filing 582 RESPONSE to #575 Dennis Griffin's Objections to the July 10, 2014 Order re: Sanctions filed by Elizabeth A. Osborn. (Attachments: #1 Proposed Order)(Jakubowicz, Janet)
July 29, 2014 Opinion or Order Filing 581 ORDER: In light of the upcoming settlement conference motion to refer case to mediation #566 is GRANTED. Signed by Magistrate Judge Robert E. Wier on 7/29/2014. (TJZ)cc: COR
July 29, 2014 Opinion or Order Filing 580 ORDER: The Court, upon in camera review, does not order production of the documents withheld on the Thompson Hine privilege log addressed in DE #559 [Order]. Signed by Magistrate Judge Robert E. Wier on 7/29/2014.(TJZ)cc: COR
July 28, 2014 Filing 579 RESPONSE to #564 , #559 Robert Griffin and Griffin Industries' Objections to the July 7, 2014 Order of the Magistrate Judge at Docket 559 filed by Elizabeth A. Osborn. (Attachments: #1 Exhibit 1 - October 2012 Deposition of Robert Griffin, #2 Exhibit 2 - December 2013 Supplemental Thompson Hine Privilege Log, #3 Proposed Order)(Lewis, Benjamin)
July 25, 2014 Filing 578 RESPONSE to #571 , #572 Objections of Plaintiff Osborn to July 7, 2014 Order of the Magistrate Denying Plaintiffs' Motion to Exclude Late Produced Documents and Strike Defendants' Expert Reports and Portions of Their Summary Judgment Memoranda filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Attachments: #1 Exhibit 1)(Hankinson, Thomas)
July 25, 2014 Filing 577 RESPONSE to #564 , #559 Objection of Defendant Robert A. Griffin & Non-Party Griffin Industries to Magistrate's July 7, 2014 Order filed by Linda G. Holt. (Trout, Eva)
July 25, 2014 Filing 576 TRANSCRIPT of Proceedings: ORAL ARGUMENT held on 7/14/14 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: Joseph Callow, Esq.. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 8/18/2014. Redacted Transcript Deadline set for 8/28/2014. Release of Transcript Restriction set for 10/27/2014.
July 24, 2014 Filing 575 OBJECTIONS to #563 July 10 Order re Fees filed by Dennis B. Griffin. (Hankinson, Thomas)
July 24, 2014 Opinion or Order Filing 574 ORDER: 1) A SETTLEMENT CONFERENCE is set for 8/7/2014 at 09:00 AM in LEXINGTON before Magistrate Judge Robert E. Wier. The Court refers the parties to the following instructions. Settlement Conference Instructions: By 8/1/2014, at 12:00 p.m. (noon), each party shall email (see order) an ex parte conference statement. Statement may be in DOC, WPD, TXT, or PDF format. Statement furnished to the Court and not to any other party. Statement not filed with the Clerk of Court. Each party shall make a candid assessment of strengths and weaknesses of both sides of case and shall make an appraisal of the issues of liability and damages. Statement shall contain an assessment of economic cost of proceeding to trial. Statement shall report on past negotiations, prior mediation, and current demand or offer. Statement shall not exceed 20 pages. Absent written court permission, trial counsel must attend, and all named parties must attend. A corporate party must attend via a representative with authority to bind that party based on counsel's reasonable and good faith assessment of the value of the relevant claim, risks, and potential costs and foreseeable results of litigation. Corporate party's representative(s) shall have authority to make reasonably foreseeable noneconomic decisions concerning settlement. If insurance applies to a defense liability, a carrier representative, with adequate authority, also must attend. Court requires presence of the parties (and party representative and carrier representative) through entirety of mediation, absent leave. At commencement of settlement conference, Court will conduct a brief opening plenary session but will forgo opening remarks by the parties. The undersigned mediates through a process of both joint and separate sesssions with parties. Court assumes that no party objects to the ex parte elements of the process. Should any party have any objections, counsel shall immediatley file a notice indicating that objection. (Parties to comply with all aspects of Order). Signed by Magistrate Judge Robert E. Wier on 7/24/2014.(ECO)cc: COR
July 23, 2014 Filing 573 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 7/23/2014. before Magistrate Judge Robert E. Wier: Parties appeared telephonically as noted. The Court discussed off the record with counsel the scheduling and logistics of a settlement conference. The Court will enter a separate order formally scheduling the settlement conference. (Tape #KYED-LEX-2-11-cv-89-WOB-REW-20140723-154603.) Signed by Robert E. Wier. (ECO)cc: COR
July 22, 2014 ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #571 Objections, #572 Objections to Order #556 (TJZ)
July 21, 2014 Filing 572 OBJECTIONS to #571 , #556 Order of Magistrate Judge and Joinder filed by Linda G. Holt. (Trout, Eva)
July 21, 2014 Filing 571 OBJECTIONS to #556 July 7, 2013 Order of the Magistrate Judge filed by Elizabeth A. Osborn. (Attachments: #1 Proposed Order, #2 Exhibit Discovery Requests to Defendants, #3 Exhibit Subpoena to Griffin Industries, #4 Exhibit 12-18-14 Letter from Hankinson, #5 Exhibit 1/22/14 Letter from Hankinson, #6 Exhibit January 20, 1976 Letter, #7 Exhibit Davidson County PVA Record, #8 Exhibit Holt Plaintiffs' Discovery Request)(Jakubowicz, Janet)
July 18, 2014 Opinion or Order Filing 570 ORDER: 1) In order to address the possibility of a settlement conference in this case, the Court SCHEDULED a Telephonic Conference for counsel only, on 7/23/2014 at 4:00 PM. In the telephonic conference, the Court will discuss the settlement conference's scheduling, logistics, and parameters. 2) Prior to the telephonic conference, the Court will send an email message to all counsel of record with the telephone number, access code, and security code to utilize, and counsel must call into the conference and be ready to proceed on the date and at the time designated. The Court will utilize the electronic sound (digital audio) recording system as the record for this call. 3) At the time of the telephonic conference, each atty must have at least 3 prospective dates between 7/31/2014 and 8/21/2014, on which all parties, counsel, and persons with authority will be available for a settlement conference. Signed by Magistrate Judge Robert E. Wier on 7/18/2014.(ECO)cc: COR Modified to correct bold on 7/21/2014 (ECO).
July 18, 2014 Filing 569 NOTICE by Linda G. Holt re #568 RESPONSE of Corrected Response (Attachments: #1 Exhibit Corrected Response)(Trout, Eva)
July 17, 2014 Filing 568 INCORRECT RESPONSE to #566 Motion to Refer Case to Magistrate Judge for Mediation filed by Linda G. Holt. (Attachments: #1 Proposed Order Proposed Order)(Trout, Eva) Modified text on 7/22/2014 (TJZ). (Additional attachment(s) added on 7/22/2014: #2 CORRECT response to motion to refer to Mag Judge) (TJZ).
July 17, 2014 Filing 567 RESPONSE to Motion re #566 MOTION Refer Case to Mediation Before a United States Magistrate Judge by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC, Martom Properties, LLC filed by Elizabeth A. Osborn. (Attachments: #1 Proposed Order)(Lewis, Benjamin)
July 17, 2014 ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #566 MOTION Refer Case to Mediation Before a United States Magistrate Judge by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC, Martom Properties, LLC (TJZ)
July 16, 2014 Filing 566 MOTION Refer Case to Mediation Before a United States Magistrate Judge by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC, Martom Properties, LLC Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order Proposed Order)(Hankinson, Thomas)
July 15, 2014 ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #564 Objections (TJZ)
July 14, 2014 Filing 565 MINUTE ENTRY ORDER FOR ORAL HEARING held on 7/14/2014 before Judge William O. Bertelsman: Parties present as noted. Motions ( #400 , #422 , #423 , #424 , #427 , #432 , #433 , #434 , #435 , #436 , #541 , and #553 ) taken underadvisement pending further Order of the Court. (Court Reporter JOAN AVERDICK.) (ECO)cc: COR
July 14, 2014 Opinion or Order Filing 564 OBJECTIONS to Order of 7/7/2014 by Mag Judge Wier #559 filed by Robert A. Griffin, Griffin Industries, LLC. (Hankinson, Thomas) Modified text on 7/15/2014 (TJZ).
July 10, 2014 Opinion or Order Filing 563 ORDER: Pursuant to Judge Smith's Order #248 , the Court ORDERS the award from Judge Smith's ruling shall be the following: 1) $320.00 in court reporter fees; 2) $113.00 in travel costs for counsel to appear at depo; 3) $449.74 in travel costs for Osborn to appear at depo; 4) $9,734.50 in reasonable attorney fees for counsel's travel time and time spent preparing the Motion to Compel #209 and Reply #231 . The totals shall immediately be due and payable, per the prior, affirmed sanction order. Any party objecting to this order should consult the statute and Fed Rule of Civil Procedure 72(a) concerning its right of and the mechanics for reconsideration before the District Court. Failure to object waives a party's right to review. Signed by Magistrate Judge Robert E. Wier on 7/10/2014.(TJZ)cc: COR
July 10, 2014 Filing 562 SEALED DOCUMENT Sealed pursuant to REDACTED DOCUMENT re #541 SEALED MOTION re #55 Protective Order, Terminate Motions by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Grif by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC, Martom Properties, LLC (Attachments: #1 Exhibit 1, Dennis Griffin's Driving Test Medical Record) (Hankinson, Thomas)
July 8, 2014 Filing 561 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Exhibit 1. Deposition Transcript - Deborah Becker 11-7-2013, #2 Exhibit 2. Deposition Transcript - Elizabeth Osborn 12-20-2013) (Schultz, Jennifer)
July 7, 2014 Opinion or Order Filing 560 ORDER: 1) The Court denies Defts' Motion for Attorney Fees #274 . An award or other apportionment of atty fees or other reasonable expenses is not justified under these circumstances. The Court further denies Defts' motion for hearing #323 . The Court issues this Order resolving non-dispositive pretrial matters. Any party objecting to this Order should consult the statute and Fed.Rule of Civ. Procedure concerning its right of and the mechanics for reconsideration before the Distict Court. Failure to object waives a party's right to review.. Signed by Magistrate Judge Robert E. Wier on 7/7/2014. (ECO)cc: COR
July 7, 2014 Opinion or Order Filing 559 ORDER: 1) Court GRANTS the #439 Motion to Compel, consistent with the terms stated in this Order; 2) Respondents shall promptly and carefully review the documents newly listed on Thompson Hine's supplemental privilege log in December 2013 and determine whether, in light of the Court's ruling, any document should be produced to Pltfs. If so, Repondents shall produce the documents to Pltfs w/in 7 days of the date of entry of this Order. If Respondents determine, in good faith, that the crime-fraud exception does not apply to any such document. Respondents shall submit the document for in camera review w/in 7 days of the date of entry of this Order. To submit a document for in camera review, counsel shall email same, ex parte, to Chambers (see order) in PDF format; 3) The Court DENIES Plaintiffs' request for attorney's fees and expenses #438 under Rule 37; and 4) The Court issues this Order resolving a non-dispositive pretrial matter. Any party objecting to this Order must do so w/in 7 days. The Court accelerates the objection period due to the pending summary judgment motions. Failure to object waives a party's right to review. (See Order for Details). Signed by Magistrate Judge Robert E. Wier on 7/7/2014. (ECO)cc: COR
July 7, 2014 Opinion or Order Filing 558 ORDER: 1) The Court DENIES Defendants' Motion for Leave to file a surreply #503 . The Court issues this Order resolving a non-dispositive pretrial matter. Any party objecting to this Order should consult the statute and Fed. Rules of Civ. Procedure concerning its right of and the mechanics for reconsideration before the District Court. Failure to object waives a party's right to review. (See Order for Details). Signed by Magistrate Judge Robert E. Wier on 7/7/2014. (ECO)cc: COR
July 7, 2014 Opinion or Order Filing 557 ORDER: 1) The Court GRANTS Pltfs' Motion for Joinder #447 and considers it as part of the record on the instant dispute. The Court enters a separate Order on the motion to exclude contemporaneously herewith. The Court issues this Order resolving a non-dispositive pretrial matter. Any party objecting to this Order should consult the statute and Fed. Rules of Civ. Procedure concerning its right of and the mechanics for reconsideration before the Distric Court. Failure to object waives a party's right to review. (See Order for Details). Signed by Magistrate Judge Robert E. Wier on 7/7/2014. (ECO)cc: COR
July 7, 2014 Opinion or Order Filing 556 ORDER: 1) The Court DENIES Pltfs' Motion to Exclude and strike #438 , and Pltfs' imbedded request for atty fees. The Court issues this Order resolving a non-dispositive pretrial matter. Any party objecting to this Order should consult the statute and Fed. Rules of Civ. Procedure concerning its right of and the mechanics for reconsideration before the Distric Court. Failure to object waives a party's right to review. (See Order for Details). Signed by Magistrate Judge Robert E. Wier on 7/7/2014. (ECO)cc: COR
July 1, 2014 Filing 555 NOTICE OF APPEARANCE by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Trout, Eva)
June 30, 2014 Opinion or Order Filing 554 ORDER re #548 Order setting Oral Argument Hearings on 7/14/2014 at 10:00 AM: 1) This proceeding will be held in Courtroom 5. Counsel wishing to utilize the courtroom evidence display technology should contact the Clerk of Court at (859) 392-7925 in order to arrange an orientation session prior to the date of this proceeding. Signed by Judge William O. Bertelsman on 6/30/2014.(ECO)cc: COR Modified text on 6/30/2014 (ECO).
April 28, 2014 Filing 553 JOINT MOTION for Leave by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder to File a Surreply (Attachments: #1 Surreply, #2 Proposed Order, #3 Exhibit 1 - Article, #4 Exhibit 2 - Article, #5 Exhibit 3 - River City News Article)(Jakubowicz, Janet) Modified to take out referral langauge on 7/11/2014 (ECO).
April 25, 2014 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #541 SEALED MOTION by Dennis B. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin (TJZ)
April 24, 2014 Filing 552 SEALED REPLY TO RESPONSE TO MOTION by Dennis B. Griffin, John M. Griffin, Martin Griffin, Thomas Griffin, Griffin Industries, LLC, Martom Properties, LLC re #55 Protective Order, Terminate Motions, #541 SEALED MOTION, filed pursuant to QC 551 (TJZ)
April 24, 2014 Filing 551 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #541 SEALED MOTION re #55 Protective Order, Terminate Motions by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Grif by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Griffin Industries, LLC, Martom Properties, LLC, Martom Properties, LLC (Murphy, Caitlin)
April 11, 2014 Opinion or Order Filing 548 ORDER: 1)That Oral Argument Hearing on all motions then pending, is set for 7/14/2014 10:00 AM in COVINGTON before Judge William O. Bertelsman. Pltfs collectively shall have one hour for argument, and Defts collectively shall have the same. Signed by Judge William O. Bertelsman on 4/11/2014.(ECO)cc: COR
April 10, 2014 Filing 550 CONVENTIONAL FILING received on behalf of Elizabeth Osborn. Video Deposition of Dennis Griffin (2 discs) are filed per re #547 Sealed Response to Motion. (MAINTAINED ON THE SHELF IN THE CLERK'S OFFICE) (TJZ)
April 10, 2014 Filing 549 SEALED RESPONSE by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder re #55 Protective Order to #541 Sealed Motion. (Attachments: #1 Ex A, #2 Ex B, #3 Ex C, #4 Ex D, #5 Ex E, #6 Ex F, #7 Ex G, #8 Ex H, #9 Ex I, #10 Ex J, #11 Ex K, #12 Ex L) filed pursuant to QC #546 (TJZ)
April 10, 2014 Filing 547 SEALED RESPONSE by Elizabeth Osborn re #55 Protective Order to #541 Sealed Motion. (Attachments: #1 Ex 1, #2 Proposed Order), filed pursuant to QC #545 (TJZ) Modified text on 4/11/2014 (TJZ).
April 10, 2014 Filing 546 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L) (Schultz, Jennifer)
April 10, 2014 Filing 545 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Elizabeth A. Osborn (Attachments: #1 Exhibit 1 - Notice of Filing Videotaped Deposition, #2 Proposed Order) (Jakubowicz, Janet)
March 19, 2014 Filing 544 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #541 SEALED MOTION re #55 Protective Order, Terminate Motions by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Grif by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Griffin Industries, LLC, Martom Properties, LLC (Attachments: #1 Proposed Order Proposed Order to Motion to Disregard) (Murphy, Caitlin)
March 19, 2014 NOTICE OF DEFICIENCY TO Caitlin Murphy re #541 SEALED MOTION re #55 Protective Order by Dennis B. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin: attorney failed to submit a proposed order as an electronic attachment to the motion. Entry by attorney. Within 7 calendardays, prepare a pleading entitled Notice of Filing (with a certificate ofservice). Using the event Sealed Document, file the Notice and attachthe proposed order, and create a linkto the #541 Sealed Motion. cc: COR(TJZ)
March 17, 2014 Opinion or Order Filing 543 ORDER: 1) Parties who filed the following documents shall provide courtesy copies of the briefs, including any exhibits thereto, to chambers of the undersigned w/in 5 days of entr of this Order; Docs. 422-424, 426, 469, 472-473, 485-487, 518-519, 526-532, 537. All copies shall be marked with the documents' ECF docket entry number. Signed by Judge William O. Bertelsman on 3/17/2014.(ECO)cc: COR
March 17, 2014 Filing 542 NOTICE OF FILING by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Griffin Industries, LLC, Martom Properties, LLC, Martom Properties, LLC re #541 SEALED MOTION re #55 Protective Order, Terminate Motions by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Grif of Motion to Disregard the Depositions of Dennis B. Griffin In Ruling on Summary Judgment (Murphy, Caitlin)
March 17, 2014 Filing 541 SEALED MOTION re #55 Protective Order, Terminate Motions by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Griffin Industries, LLC, Martom Properties, LLC, Martom Properties, LLC. (Murphy, Caitlin) (Additional attachment(s) added on 3/20/2014: #1 Proposed Order) (TJZ).
March 14, 2014 Filing 540 RESPONSE in Opposition re #514 MOTION for Hearing re #432 MOTION for Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment That All Plaintiffs' Claims Are Time-Barred filed by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Proposed Order)(Schultz, Jennifer)
March 13, 2014 Opinion or Order Filing 539 ORDER: granting #505 Motion for Leave to Substitute Ex. 83 to Declaration of Jennnifer A. Schultz. Ex. 83 attached to Holts' Motion is substituted for Ex. 83 to Declaration of Jennifer A. Schultz in Support of Holt Pltfs' Memo in Support of Motion for Partial Summary Judgment and Responses to Defts' Motions for Summary Judgment. Signed by Judge William O. Bertelsman on 3/13/2014.(ECO)cc: COR
March 13, 2014 Filing 538 RESPONSE in Opposition re #514 MOTION for Hearing re #432 MOTION for Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment That All Plaintiffs' Claims Are Time-Barred filed by Elizabeth A. Osborn. (Attachments: #1 Proposed Order)(Jakubowicz, Janet)
March 13, 2014 ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #439 MOTION to Compel by Elizabeth A. Osborn Production of Documents from Defendant Robert Griffin, Griffin Industries and Their Counsel (TJZ)
March 12, 2014 NOTICE OF DOCKET MODIFICATION TO George Jonson re #521 Response in Support of Motion; Error: The reply to #423 was incorrectly filed using the event "Response"; Entry by attorney; Correction: Clerk modified the docket text of #521 to state, "incorrectly filed." Clerk filed the reply as #531 ; In the future, contact the ECF help desk when assistance is needed to select the correct event. No further action required by counsel cc: COR (LST)
March 12, 2014 NOTICE OF DOCKET MODIFICATION TO Benjamin Lewis re #522 Response in Support of Motion; Error: the reply to #424 was incorrectly filed using the event "Response." Entry by attorney;; Correction: Clerk modified the docket text of #522 to state, "incorrectly filed," Clerk filed the response as #532 ; In the future, contact the ECF help desk when assistance is needed to select the correct event. No further action required by counsel. cc: COR (LST)
March 12, 2014 ***MOTIONS SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: re #439 MOTION to Compel by Elizabeth A. Osborn Production of Documents from Defendant Robert Griffin, Griffin Industries and Their Counsel, #400 MOTION to Dismiss by Elizabeth A. Osborn Defendants' December 20, 2013 Counterclaim, #435 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment on All Plaintiffs' Claims Regarding John L. Griffin's Estate and 1, #424 MOTION for Summary Judgment by Elizabeth A. Osborn , #436 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment On All Plaintiffs' RICO Claims, #423 MOTION for Summary Judgment by Keating Muething & Klekamp, PLL , #434 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment On All Claims Regarding 1985-1986 Griffin Industries Stock Transactions, #427 MOTION for Partial Summary Judgment by Linda G. Holt , Judith E. Prewitt, and Cynthia L. Roeder, #422 MOTION for Summary Judgment by Keating Muething & Klekamp, PLL , #433 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing Of Prior Paper Motion for Summary Judgment On All Plaintiffs' Claims Regarding the Cold Spring Property (LST)
March 12, 2014 NOTICE OF DOCKET MODIFICATION TO Joseph Callow re #508 #510 #511 #512 #513 #515 Response in Support of Motion; Error: the reply was incorrectly filed using the event response. Entry by attorney; Clerk modified the docket text of to state, incorrectly filed. Clerk filed the response as #525 #526 #527 #528 #529 #530 ; In the future, contact the ECF help desk when assistance is needed to select the correct event. No further action required by counsel. NOTICE OF DEFICIENCY TO Joseph Callow Re [510-515] Signature on document and filer do not match; Entry by attorney; the name of the Filing User under whose login and password the document is filed must be typed in the space where the signature would otherwise appear. No further action required by counsel. cc:cc: COR(TJZ)
March 11, 2014 Opinion or Order Filing 536 ORDER: The Court grants #516 Motion for Leave to exceed page limit to the Holt Pltfs up to and including 23 pages for each reply brief on the issues of breach of fiduciary duty, tortious interference with an inheritance, and professional negligence. Signed by Judge William O. Bertelsman on 3/11/2014. (ECO)cc: COR
March 11, 2014 Opinion or Order Filing 535 ORDER: 1) Deft Keating, Muething & Klekamp, PLL shall have leave to exceed the page limit re #517 Motion for Leave to File Excess Pages; 2) Deft's Reply in Support of Motion for Summary Judgment shall not exceed 16 pages. Signed by Judge William O. Bertelsman on 3/11/2014. (ECO)cc: COR
March 11, 2014 Opinion or Order Filing 534 ORDER: 1) Pltf Elizabeth A. Osborn shall have leave to exceed the page limit in her Reply in Support of her Motion for Partial Summary Judgment #424 , re: #509 Motion for Leave to File Excess pages, and that said Reply shall not exceed 30 pages. Signed by Judge William O. Bertelsman on 3/11/2014. (ECO)cc: COR Modified text on 3/11/2014 (ECO).
March 11, 2014 Filing 533 AFFIDAVIT re #519 REPLY, #524 Sealed Document,,, Declaration of Jennifer A. Schultz in Support of Plaintiffs Linda G. Holt, Judith E. Prewitt, and Cynthia L. Roeder's Replies in Support of Motion for Partial Summary Judgment Against Defendants Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC and Keating, Muething and Klekamp PLL (Docs. 519 and 524) by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Schultz, Jennifer)
March 11, 2014 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #517 MOTION for Leave to File Excess Pages by Keating Muething & Klekamp, PLL , #516 MOTION for Leave by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder to Exceed Page Limit (TJZ)
March 10, 2014 Clerk's Note: Clerk incorrectly entered motion and reply from member case which had already been docketed in lead case. Clerk deleted both docket entries. (TED)
March 10, 2014 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #514 MOTION for Hearing re #432 MOTION for Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment That All Plaintiffs' Claims Are Time-Barred (TJZ)
March 7, 2014 Filing 537 SEALED REPLY TO RESPONSE TO MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder re #55 Protective Order, #427 MOTION for Summary Judgment by Elizabeth A. Osborn , (Attachments: #1 Ex 127, #2 Ex 128, #3 Ex 129, #4 Ex 130, #5 Ex 131, #6 Ex 132, #7 Ex 133, #8 Ex 134, #9 Ex 135, #10 Ex 136), filed pursuant to QC #524 (TJZ) Modified link on 3/12/2014 (TJZ).
March 7, 2014 Filing 532 CORRECTLY FILED REPLY to Response to Motion re #424 MOTION for Summary Judgment by Elizabeth A. Osborn filed by Elizabeth A. Osborn. (Attachments: #1 Ex 1-Seventh Codicil to the Will, #2 Ex 2-Fifth Amendment to 1967 Trust, #3 Ex 3-Third Amendment to 1967 Trust, #4 Ex 4-SEALED, #5 Ex 5-1982 John L. Griffin Easement on Cold Spring Property, #6 Ex 6-John L. Griffin Trust Work Permits, #7 Ex 7-SEALED), filed pursuant to QC #522 .(TJZ)
March 7, 2014 Filing 531 CORRECTLY FILED REPLY to Response to Motion re #423 MOTION for Summary Judgment by Keating Muething & Klekamp, PLL filed by Keating Muething & Klekamp, PLL., filed pursuant to QC #521 (TJZ)
March 7, 2014 Filing 530 CORRECTLY FILED REPLY to Response to Motion re #436 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment On All Plaintiffs' RICO Claims filed by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC., filed pursuant to QC #515 (TJZ)
March 7, 2014 Filing 529 CORRECTLY FILED REPLY to Response to Motion re #435 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment on All Plaintiffs' Claims Regarding John L. Griffin's Estate and 1 filed by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC., filed pursuant to QC #513 . (TJZ)
March 7, 2014 Filing 528 CORRECTLY FILED REPLY to Response to Motion re #434 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment On All Claims Regarding 1985-1986 Griffin Industries Stock Transactions filed by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC., filed pursuant to QC 512 (TJZ)
March 7, 2014 Filing 527 CORRECTLY FILED REPLY to Response to Motion re #433 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing Of Prior Paper Motion for Summary Judgment On All Plaintiffs' Claims Regarding the Cold Spring Property filed by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC., filed pursuant to QC #511 . (TJZ)
March 7, 2014 Filing 526 CORRECTLY FILED REPLY to Response to Motion re #432 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing Of Prior Paper Motion for Summary Judgment On All Plaintiffs' Claims Regarding the Cold Spring Property, filed pursuant to QC #510 .(TJZ) Modified link on 3/13/2014 (TJZ).
March 7, 2014 Filing 525 CORRECTLY FILED REPLY to #503 Motion for Leave to File Surreply Memorandum filed by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC., filed pursuant to QC #508 (TJZ)
March 7, 2014 Filing 524 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Exhibit 127, #2 Exhibit 128, #3 Exhibit 129, #4 Exhibit 130, #5 Exhibit 131, #6 Exhibit 132, #7 Exhibit 133, #8 Exhibit 134, #9 Exhibit 135, #10 Exhibit 136) (Wicker, J.) Modified text on 3/12/2014 (TJZ).
March 7, 2014 Filing 523 SEALED DOCUMENT at to #532 Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Elizabeth A. Osborn (Attachments: #1 Exhibit 04 - SEALED, #2 Exhibit 07 -SEALED (Lewis, Benjamin) Modified text on 3/10/2014 (TJZ). Modified to add link on 3/11/2014 (TJZ).
March 7, 2014 Filing 522 INCORRECTLY FILED RESPONSE in Support re #424 MOTION for Summary Judgment by Elizabeth A. Osborn filed by Elizabeth A. Osborn. (Attachments: #1 Exhibit 01 - Seventh Codicil to the Will, #2 Exhibit 02 - Fifth Amendment to 1967 Trust, #3 Exhibit 03 - Third Amendment to 1967 Trust, #4 Exhibit 04 - Craig Protein Option - SEALED, #5 Exhibit 05 - 1982 John L. Griffin Easement on Cold Spring Property, #6 Exhibit 06 - John L. Griffin Trust Work Permits and Applications for Cold Spring Property, #7 Exhibit 07 - Martom Profit & Loss 1995-2011 - SEALED)(Lewis, Benjamin) See docket entry #532 for correct entry of this pleading Modified text on 3/10/2014 (TJZ).
March 7, 2014 Filing 521 INCORRCTLY FILED RESPONSE in Support re #423 MOTION for Summary Judgment by Keating Muething & Klekamp, PLL filed by Keating Muething & Klekamp, PLL. (Jonson, George) See docket entry #531 for correct entry of this pleading Modified text on 3/10/2014 (TJZ).
March 7, 2014 Filing 520 SEALED DOCUMENT as to #519 Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Exhibit 125(Wicker, J.) Modified text on 3/10/2014 (TJZ). Modified to add link on 3/11/2014 (TJZ).
March 7, 2014 Filing 519 REPLY to #426 , #427 in Support of Plaintiffs Linda G. Holt, Judith E. Prewitt, and Cynthia L. Roeder's Motion for Partial Summary Judgment Against Defendant Keating, Muething and Klekamp PLL filed by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Exhibit 125 - Filed under seal, #2 Exhibit 126 - Affidavit of Jennifer A. Schultz)(Wicker, J.)
March 7, 2014 Filing 518 REPLY to Response to Motion re #422 MOTION for Summary Judgment by Keating Muething & Klekamp, PLL filed by Keating Muething & Klekamp, PLL. (Jonson, George)
March 7, 2014 Filing 517 MOTION for Leave to File Excess Pages by Keating Muething & Klekamp, PLL . (Attachments: #1 Proposed Order)(Jonson, George) Modified to take out referral on 3/12/2014 (LST).
March 7, 2014 Filing 516 MOTION for Leave by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder to Exceed Page Limit (Attachments: #1 Proposed Order)(Schultz, Jennifer) Modified to take out referral on 3/12/2014 (LST).
March 7, 2014 Filing 515 INCORRECTLY FILED RESPONSE in Support re #436 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment On All Plaintiffs' RICO Claims filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph) Modified text on 3/10/2014 (TJZ).
March 7, 2014 Filing 514 MOTION for Hearing re #432 MOTION for Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment That All Plaintiffs' Claims Are Time-Barred, #434 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment On All Claims Regarding 1985-1986 Griffin Industries Stock Transactions, #433 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing Of Prior Paper Motion for Summary Judgment On All Plaintiffs' Claims Regarding the Cold Spring Property, #435 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment on All Plaintiffs' Claims Regarding John L. Griffin's Estate and 1, #436 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment On All Plaintiffs' RICO Claims by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC, Martom Properties, LLC Motion for Oral Argument (Attachments: #1 Proposed Order Proposed Order)(Callow, Joseph) Modified to take out referral on 3/12/2014 (LST).
March 7, 2014 Filing 513 INCORRECTLY FILED RESPONSE in Support re #435 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment on All Plaintiffs' Claims Regarding John L. Griffin's Estate and 1 filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph) See docket entry #529 for correct entry of this pleading Modified text on 3/10/2014 (TJZ).
March 7, 2014 Filing 512 INCORRECTLY FILED RESPONSE in Support re #434 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment On All Claims Regarding 1985-1986 Griffin Industries Stock Transactions filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph) See docket entry #528 for correct entry of this pleading Modified text on 3/10/2014 (TJZ).
March 7, 2014 Filing 511 INCORRECTLY FILED RESPONSE in Support re #433 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing Of Prior Paper Motion for Summary Judgment On All Plaintiffs' Claims Regarding the Cold Spring Property filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph) See docket entry #527 for correct entry of this pleading Modified text on 3/10/2014 (TJZ).
March 7, 2014 Filing 510 INCORRECTLY FILED RESPONSE in Support re #432 MOTION for Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment That All Plaintiffs' Claims Are Time-Barred filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph) See docket entry #526 for correct entry of this pleading Modified text on 3/10/2014 (TJZ).
March 7, 2014 Filing 509 MOTION for Leave to File Excess Pages by Elizabeth A. Osborn (Attachments: #1 Proposed Order)(Lewis, Benjamin) Modified to take out referral on 3/12/2014 (LST).
March 7, 2014 Filing 508 INCORRECTLY FILED RESPONSE in Support re #503 MOTION for Leave by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC to File Surreply Memorandum in Opposition to Plaintiffs' Motions to Exc filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph) See Docket entry #525 for correct entry of this pleading Modified text on 3/10/2014 (TJZ).
March 6, 2014 Filing 507 AFFIDAVIT in Opposition re #438 MOTION to Exclude by Elizabeth A. Osborn Defendants' and Griffin Industries LLC's Untimely Produced Documents Third Declaration of George D. Jonson filed by Keating Muething & Klekamp, PLL. (Attachments: #1 Exhibit Jonson Third Declaration A, #2 Exhibit Jonson Third Declaration B)(Jonson, George)
March 6, 2014 Filing 506 SEALED DOCUMENT re #55 Protective Order, Terminate Motions by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Exhibit 83 (Filed under seal), #2 Proposed Order Proposed Order) (Schultz, Jennifer) Modified text on 3/10/2014 (TJZ).
March 6, 2014 Filing 505 MOTION for Leave by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder to Substitute Exhibit 83 to Declaration of Jennifer A. Schultz in Support of Plaintiffs' Memorandum in Support of Motion for Partial Summary Judgment and Responses to Defendants' Motions for Summary Judgment Motions referred to Robert E. Wier. (Attachments: #1 Exhibit 83 (Filed under seal), #2 Proposed Order Proposed Order)(Schultz, Jennifer)
March 4, 2014 Filing 504 RESPONSE in Opposition re #503 MOTION for Leave by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC to File Surreply Memorandum in Opposition to Plaintiffs' Motions to Exc lude Documents and Strike Defendants' Expert Reports and Summary Judgment Memoranda filed by Elizabeth A. Osborn. (Attachments: #1 Proposed Order)(Jakubowicz, Janet)
March 3, 2014 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #503 MOTION for Leave by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC to File Surreply Memorandum in Opposition to Plaintiffs' Motions to Exc (TJZ)
February 28, 2014 Filing 503 MOTION for Leave by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC to File Surreply Memorandum in Opposition to Plaintiffs' Motions to Exclude Documents and Strike Defendants' Expert Reports and Summary Judgment Memoranda Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order Proposed Order)(Hankinson, Thomas)
February 27, 2014 Filing 502 NOTICE TO ATTORNEY Anthony J. Bickel by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: #1 Atty Data Form)(TJZ)
February 27, 2014 Filing 501 FRCP 7.1 DISCLOSURE STATEMENT by Thompson Hine, LLP. (Ramundo, Kimberly)
February 27, 2014 Opinion or Order Filing 500 ORDER: Motion to Substitute Exhibit 104 #493 is GRANTED. Exhibit 104 shall be substituted for Exhibit 104 to Declaration of Jennifer Schultz. Signed by Judge William O. Bertelsman on 2/27/2014. (TJZ)cc: COR
February 27, 2014 Filing 499 FRCP 7.1 DISCLOSURE STATEMENT by Martom Properties, LLC. (Hankinson, Thomas)
February 27, 2014 Filing 498 FRCP 7.1 DISCLOSURE STATEMENT by Griffin Industries, LLC identifying Corporate Parent Darling International Inc. for Griffin Industries, LLC.. (Hankinson, Thomas)
February 26, 2014 Filing 497 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Caitlin Murphy, John Floyd, Steven Coffaro, Joseph Callow, Thomas Hankinson. #127 Response in Opposition to Motion,, has been filed by Martom Properties, LLC without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (TJZ)
February 26, 2014 Filing 496 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Caitlin Murphy, Joseph Callow, Thomas Hankinson. #120 Response in Opposition to Motion, has been filed by Griffin Industries, LLC without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (TJZ)
February 26, 2014 Filing 495 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Kimberly Ellen Ramundo, Louis Solimine, Stephen Butler. #109 Response in Opposition to Motion, has been filed by Thompson Hine, LLP without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (TJZ)
February 26, 2014 Filing 494 SEALED MOTION re #55 Protective Order, Terminate Motions by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Exhibit 104 (Filed under seal)) (Schultz, Jennifer)
February 26, 2014 Filing 493 MOTION for Leave to File by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder to Substitute Exhibit 104 to Declaration of Jennifer A. Schultz in Support of Plaintiffs' Memorandum in Support of Motion for Partial Summary Judgment and Responses to Defendants' Motions for Summary Judgment Motions referred to Robert E. Wier. (Attachments: #1 Exhibit 104 (Filed under seal), #2 Proposed Order Proposed Order)(Schultz, Jennifer)
February 25, 2014 Opinion or Order Filing 492 ORDER: granting #488 Motion for Leave to Substitute. Exhibit A attached to Defendants' Motion is substituted for Exhibit A to Declaration of Caitlin E. Murphy in Support of Defendants' Memorandum in Opposition to Plaintiffs' Motions for Summary Judgment. Signed by Judge William O. Bertelsman on 2/25/2014. (TJZ)cc: COR
February 25, 2014 ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #447 MOTION for Joinder #438 MOTION to Exclude by Elizabeth A. Osborn Defendants' and Griffin Industries LLC's Untimely Produced Documents by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder , #438 MOTION to Exclude by Elizabeth A. Osborn Defendants' and Griffin Industries LLC's Untimely Produced Documents (TJZ)
February 25, 2014 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #447 MOTION for Joinder #438 MOTION to Exclude by Elizabeth A. Osborn Defendants' and Griffin Industries LLC's Untimely Produced Documents by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder , #438 MOTION to Exclude by Elizabeth A. Osborn Defendants' and Griffin Industries LLC's Untimely Produced Documents (TJZ)
February 24, 2014 Filing 491 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Exhibit Ex J) (Schultz, Jennifer) Modified text on 2/25/2014 (TJZ).
February 24, 2014 Filing 490 REPLY to #447 Joinder Motion to Exclude #438 filed by Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Exhibit Ex A - Keating Letter 10-15-13, #2 Exhibit Ex B - Schultz Letter 10-24-13, #3 Exhibit Ex C - Keating Letter 10-11-13, #4 Exhibit Ex D - Keating Letter 11-11-13, #5 Exhibit Ex E - Thompson Hine Email 10-28-13, #6 Exhibit Ex F - Keating Letter 12-4-13, #7 Exhibit Ex G - Keating Letters 12-5-13 & 12-6-13, #8 Exhibit Ex H - Keating Letter 12-18-13, #9 Exhibit Ex I - Keating Letter 1.22.14, #10 Exhibit Ex J - Schultz Email 12-11-13 (FILED UNDER SEAL), #11 Exhibit Ex K - Schultz Emails 12-15-13 & 12-16-13, #12 Exhibit Ex L - Keating Email 12-16-13, #13 Exhibit Ex M - Plaintiffs' Deposition Exhibit 174, #14 Exhibit Ex N - Schultz Email 12-30-13, #15 Exhibit Ex O - Schultz Email 1-23-14, #16 Exhibit Ex P - Nashville Email 12-23-13)(Schultz, Jennifer)
February 24, 2014 Filing 489 REPLY to #438 of Plaintiff Elizabeth A. Osborn in Support of Expedited Motion to Exclude Defendants' and Griffin Industries, LLC's Untimely Produced Documents and to Strike Defendants' and Keating Muething & Klekamp's Related Expert Reports and Summary Judgment Memoranda filed by Elizabeth A. Osborn. (Lewis, Benjamin)
February 24, 2014 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #488 MOTION for Leave to Substitute Exhibit by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Griffin Industries, LLC, Martom Properties, LLC (TJZ)
February 21, 2014 Filing 488 MOTION for Leave to File by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Griffin Industries, LLC, Martom Properties, LLC to Substitute Exhibit to Declaration of Caitlin E. Murphy in Support of Defendants' Memoranda in Opposition to Plaintiffs' Motions for Summary Judgment Motions referred to Robert E. Wier. (Attachments: #1 Exhibit A, Substituted Declaration with Inadvertently Omitted CV, #2 Proposed Order Proposed Order)(Hankinson, Thomas)
February 20, 2014 Filing 483 REPLY to #400 Memorandum of Law in Further Support of Plaintiff Elizabeth A. Osborn's Motion to Dismiss Defendants' Counterclaim filed by Elizabeth A. Osborn. (Lewis, Benjamin)
February 19, 2014 Filing 482 AFFIDAVIT re #465 Sealed Document, #428 Sealed Document, #470 Sealed Document, #466 Sealed Document, #468 Sealed Document, #427 MOTION for Partial Summary Judgment by Linda G. Holt , Judith E. Prewitt, and Cynthia L. Roeder, #471 Sealed Document Declaration of Jennifer A. Schultz in Support of Plaintiffs Linda G. Holt, Judith E. Prewitt, and Cynthia L. Roeder's Memorandum in Support of Motion for Partial Summary Judgment (Doc. 426) and Responses to Defendants' Motions for Summary Judgment (Docs. 465, 466, 468, 471, 476, 477 and 478) by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Schultz, Jennifer) Modified to clean up docket text on 2/25/2014 (LST).
February 19, 2014 Opinion or Order Filing 481 ORDER: granting #453 Motion for Leave to Exceed Page Limit. Defendants have up to and including 75 pages for their Opposition to Osborn's motion for partial summary judgment, and up to and including 55 pages for their Opposition to Holt plaintiffs' motion for partial summary judgment. Signed by Judge William O. Bertelsman on 2/19/2014. (TJZ)cc: COR
February 19, 2014 Opinion or Order Filing 480 ORDER: granting #454 Motion for Leave to File Excess Pages. Plaintiff Osborn shall have leave to exceed page limit in her Combined Response to "Non-Rico" Motions for Summary Judgment, said response shall not exceed 75 pages. Signed by Judge William O. Bertelsman on 2/19/2014. (TJZ)cc: COR
February 19, 2014 Opinion or Order Filing 479 ORDER: Court grants Holt Plaintiffs Motion to Exceed Page Limit #464 up to and including 65 pages for their response to Doc. 432. Signed by Judge William O. Bertelsman on 2/19/2014. (TJZ)cc: COR
February 18, 2014 Filing 487 SEALED RESPONSE to #432 by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder re #432 MOTION for Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment That All Plaintiffs' Claims Are Time-Barred (Attachments: #1 Proposed Order) (TJZ)
February 18, 2014 Filing 486 SEALED RESPONSE by Linda G. Holt, Keating Muething & Klekamp, PLL, Cynthia L. Roeder re #55 Protective Order, #423 MOTION for Summary Judgment by Keating Muething & Klekamp, PLL , #422 MOTION for Summary Judgment by Keating Muething & Klekamp, PLL filed pursuant to QC #468 (Attachments: #1 Proposed Order) (TJZ) Modified text on 2/26/2014 (TJZ).
February 18, 2014 Filing 485 SEALED RESPONSE by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder re #55 Protective Order, #436 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment On All Plaintiffs' RICO Claims filed pursuant to QC #466 (Attachments: #1 Proposed Order) (TJZ) Modified text on 2/26/2014 (TJZ).
February 18, 2014 Filing 484 SEALED RESPONSE by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder re #55 Protective Order, #434 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment On All Claims Regarding 1985-1986 Griffin Industries Stock Transactions (Attachments: #1 Proposed Order) filed pursuant to QC #465 (TJZ) Modified text on 2/26/2014 (TJZ).
February 18, 2014 Filing 478 RESPONSE in Opposition re #435 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment on All Plaintiffs' Claims Regarding John L. Griffin's Estate and 1 filed by Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Proposed Order)(Wicker, J.)
February 18, 2014 Filing 477 RESPONSE in Opposition re #433 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing Of Prior Paper Motion for Summary Judgment On All Plaintiffs' Claims Regarding the Cold Spring Property filed by Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Proposed Order)(Wicker, J.)
February 18, 2014 Filing 476 RESPONSE in Opposition re #423 MOTION for Summary Judgment by Keating Muething & Klekamp, PLL filed by Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Proposed Order)(Wicker, J.)
February 18, 2014 Filing 475 SEALED DOCUMENT #472 Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Elizabeth A. Osborn (Attachments: #1 Exhibit 3-FILED UNDER SEAL, #2 Exhibit 5-FILED UNDER SEAL, #3 Exhibit 6-FILED UNDER SEAL, #4 Exhibit 7-FILED UNDER SEAL, #5 Exhibit 8-FILED UNDER SEAL, #6 Exhibit 10-FILED UNDER SEAL, #7 Exhibit 11-FILED UNDER SEAL, #8 Exhibit 12-FILED UNDER SEAL, #9 Exhibit 13-FILED UNDER SEAL, #10 Exhibit 14-FILED UNDER SEAL, #11 Exhibit 15-FILED UNDER SEAL, #12 Exhibit 16-FILED UNDER SEAL, #13 Exhibit 17-FILED UNDER SEAL, #14 Exhibit 18-FILED UNDER SEAL, #15 Exhibit 19-FILED UNDER SEAL, #16 Exhibit 21-FILED UNDER SEAL, #17 Exhibit 22-EILED UNDER SEAL, #18 Exhibit 24-FILED UNDER SEAL, #19 Exhibit 25-FILED UNDER SEAL, #20 Exhibit 26-FILED UNDER SEAL, #21 Exhibit 27-FILED UNDER SEAL, #22 Exhibit 28-ILED UNDER SEAL, #23 Exhibit 29-FILED UNDER SEAL, #24 Exhibit 30-FILED UNDER SEAL, #25 Exhibit 33-FILED UNDER SEAL, #26 Exhibit 34-FILED UNDER SEAL, #27 Exhibit 35-FILED UNDER SEAL) (Jakubowicz, Janet) Modified to add link on 2/21/2014 (TJZ). Modified text on 2/25/2014 (TJZ).
February 18, 2014 Filing 474 SEALED DOCUMENT as to #473 Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Elizabeth A. Osborn (Attachments: #1 Exhibit 1-filed under seal, #2 Exhibit 3-filed under seal, #3 Exhibit 6-filed under seal, #4 Exhibit 9-filed under seal, #5 Exhibit 10-filed under seal, #6 Exhibit 11-filed under seal, #7 Exhibit 16-filed under seal, #8 Exhibit 19-filed under seal, #9 Exhibit 20-filed under seal, #10 Exhibit 21-filed under seal (Lewis, Benjamin) Modified to add link on 2/21/2014 (TJZ). Modified text on 2/25/2014 (TJZ).
February 18, 2014 Filing 473 RESPONSE in Opposition re #432 MOTION for Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment That All Plaintiffs' Claims Are Time-Barred, #433 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing Of Prior Paper Motion for Summary Judgment On All Plaintiffs' Claims Regarding the Cold Spring Property, #423 MOTION for Summary Judgment by Keating Muething & Klekamp, PLL , #435 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment on All Plaintiffs' Claims Regarding John L. Griffin's Estate and 1 Combined Response filed by Elizabeth A. Osborn. (Attachments: #1 Exhibit 1 - Trust/Estate administration notes (filed under seal), #2 Exhibit 2 - 1974 Cold Spring Property Deed, #3 Exhibit 3 - December 8, 2010 e-mail from Chris Griffin to Joe Callow (filed under seal), #4 Exhibit 4 - November 23, 2010 E-mail from Louis Solimine, #5 Exhibit 5 - September 28, 1973 Purchase Contract for Cold Spring Property (expired), #6 Exhibit 6 - May 19, 1995 Letter from Richard J. Ruebel, Esq. to Dennis Griffin (filed under seal), #7 Exhibit January 8, 1974 Letter to Leonard Meranus re: Cold Spring Property deed, #8 Exhibit 8 - February 11, 1974 Enclosure Letter and Cold Spring Purchase Money Check, #9 Exhibit 9 - February 8, 1974 Refund Check to John L. Griffin, Trustee (filed under seal), #10 Exhibit 10 - 2010 Martom Leases (filed under seal), #11 Exhibit 11 -Cold Spring Property tax invoice and payment evidence (filed under seal), #12 Exhibit 12 - John L. Griffin Easement on Cold Spring Property, #13 Exhibit 13 - John L. Griffin Work Permits and Applications on Cold Spring Property, #14 Exhibit 14 - Fifth Amendment to 1967 Trust, #15 Exhibit 15 - 1967 Trust Agreement with Amendments, #16 Exhibit 16 - Purported Option re: Craig Protein shares (filed under seal), #17 Exhibit 17 - Special Warranty Deed, #18 Exhibit 18 - Motion to Reopen Estate, #19 Exhibit 19 - Martom Profit and Loss Statements 1995-2011 (filed under seal), #20 Exhibit 20 - 1995 Martom Leases (filed under seal), #21 Exhibit 21 - draft Fourth Trust Amendment (filed under seal), #22 Exhibit 22 - Sixth Codicil to Will, #23 Exhibit 23 - Seventh Codicil to Will, #24 Proposed Order Proposed Order Denying Defendants' Motions for Summary Judgment)(Lewis, Benjamin)
February 18, 2014 Filing 472 RESPONSE in Opposition re #436 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment On All Plaintiffs' RICO Claims filed by Elizabeth A. Osborn. (Attachments: #1 Proposed Order, #2 Exhibit 1 - EXHIBIT - Seventh Codicil to the Will, #3 Exhibit 2 - EXHIBIT - Fifth Amendment to 1967 Trust, #4 Exhibit 3 - EXHIBIT - 1995 Property Appraisals - FILED UNDER SEAL, #5 Exhibit 4 - EXHIBIT - July 14, 1995 Deeds, #6 Exhibit 5 - EXHIBIT - June 2 Letter from Martin and Thomas Griffin - FILED UNDER SEAL, #7 Exhibit 6 - EXHIBIT - Dec 17 2010 Leases- FILED UNDER SEAL, #8 Exhibit 7 - EXHIBIT - Martom Profit and Loss Statement - FILED UNDER SEAL, #9 Exhibit 8 - EXHIBIT - Lease Renewal letters - FILED UNDER SEAL, #10 Exhibit 9 - EXHIBIT - Neubauer Letters, #11 Exhibit 10 - EXHIBIT - Distribution Checks to Betsy - FILED UNDER SEAL, #12 Exhibit 11 - EXHIBIT - April 9, 1995 Listing of Estate and trust Assets - FILED UNDER SEAL, #13 Exhibit 12 - EXHIBIT - April17, 1995 Listing of Estate and trust Assets - FILED UNDER SEAL, #14 Exhibit 13 - EXHIBIT - Dec 1, 1997 Letter and Listing of Estate and trust Assets - FILED UNDER SEAL, #15 Exhibit 14 - EXHIBIT - Trust and Administration Notes - FILED UNDER SEAL, #16 Exhibit 15 - EXHIBIT - May 19, 1995 Letter from Ruebel to D. Griffin - FILED UNDER SEAL, #17 Exhibit 16 - EXHIBIT - 1995 Craig Protein Appraisal - FILED UNDER SEAL, #18 Exhibit 17 - EXHIBIT - Craig Protein DRAFT Appraisal - FILED UNDER SEAL, #19 Exhibit 18 - EXHIBIT - Craig Protein Stock Purchase Agreements - FILED UNDER SEAL, #20 Exhibit 19 - EXHIBIT - Agreement and Plan of Reorganization of Craig Protein- FILED UNDER SEAL, #21 Exhibit 20 - EXHIBIT - Title Commitment, #22 Exhibit 21 - EXHIBIT - Thompson Hine Privilege Log - FILED UNDER SEAL, #23 Exhibit 22 - EXHIBIT - Nov 23, 2010 email from Louis Solimine - FILED UNDER SEAL, #24 Exhibit 23 - EXHIBIT - Special Warranty Deed, #25 Exhibit 24 - EXHIBIT - Dec 7, 2010 e-mail from Lou Solimine - FILED UNDER SEAL, #26 Exhibit 25 - EXHIBIT - Dec 8, 2010 email from C Griffin to Callow - FILED UNDER SEAL, #27 Exhibit 26 - EXHIBIT - KMK legal bill - FILED UNDER SEAL, #28 Exhibit 27 - EXHIBIT - Dec 13, 2010 2.09 e-mail - FILED UNDER SEAL, #29 Exhibit 28 - EXHIBIT - Dec 13, 2010 6.49 e-mail - FILED UNDER SEAL, #30 Exhibit 29 - EXHIBIT - Motion to reopen estate - FILED UNDER SEAL, #31 Exhibit 30 - EXHIBIT - ORDER re Motion to reopen estate - FILED UNDER SEAL, #32 Exhibit 31 - EXHIBIT - Quit Claim Deed, #33 Exhibit 32 - EXHIBIT - Fiduciary Deed, #34 Exhibit 33 - EXHIBIT - Jan 10, 2011 e-mail - FILED UNDER SEAL, #35 Exhibit 34 - EXHIBIT - Craig Protein Option - FILED UNDER SEAL, #36 Exhibit 35 - EXHIBIT - Martom to Griffin Lease - FILED UNDER SEAL)(Jakubowicz, Janet)
February 18, 2014 Filing 471 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Proposed Order) (Schultz, Jennifer)
February 18, 2014 Filing 470 SEALED DOCUMENT as to #484 #485 #486 Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Exhibit 85, #2 Exhibit 86, #3 Exhibit 87 #4 Exhibit 88, #5 Exhibit 89, #6 Exhibit 90, #7 Exhibit 91, #8 Exhibit 92, #9 Exhibit 93, #10 Exhibit 94, #11 Exhibit 95, #12 Exhibit 96, #13 Exhibit 97, #14 Exhibit 98, (15) Exhibit 99, #16 Exhibit 100, #17 Exhibit 101, #18 Exhibit 102, #19 Exhibit 103, #20 INCORRECT Exhibit 104, #21 Exhibit 105, #22 Exhibit 106, #23 Exhibit 107, #24 Exhibit 108, #25 Exhibit 109, #26 Exhibit 110, #27 Exhibit 111, #28 Exhibit 112, #29 Exhibit 113, #30 Exhibit 114, #31 Exhibit 115, #32 Exhibit 116, #33 Exhibit 117, #34 Exhibit 118, #35 Exhibit 119, #36 Exhibit 120, #37 Exhibit 121, #38 Exhibit 122, #39 Exhibit 123, #40 Exhibit 124 (Schultz, Jennifer) Modified to add links on 2/21/2014 (TJZ). Modified text on 2/25/2014 (TJZ). Modified to add correct Ex. 20 on 2/27/2014, pursuant to #500 Order (TJZ). (Additional attachment(s) added on 2/27/2014: #41 CORRECT Exhibit 104 (TJZ).
February 18, 2014 Filing 469 RESPONSE in Opposition re #427 MOTION for Partial Summary Judgment by Linda G. Holt , Judith E. Prewitt, and Cynthia L. Roeder filed by Keating Muething & Klekamp, PLL. (Jonson, George)
February 18, 2014 Filing 468 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Proposed Order) (Schultz, Jennifer)
February 18, 2014 Filing 467 RESPONSE in Opposition re #424 MOTION for Summary Judgment by Elizabeth A. Osborn filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Griffin Industries, LLC, Martom Properties, LLC. (Hankinson, Thomas)
February 18, 2014 Filing 466 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Proposed Order) (Schultz, Jennifer)
February 18, 2014 Filing 465 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Proposed Order) (Schultz, Jennifer)
February 18, 2014 Filing 464 MOTION for Leave by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order)(Schultz, Jennifer)
February 18, 2014 Filing 463 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Keating Muething & Klekamp, PLL (Attachments: #1 Exhibit n, #2 Exhibit 0, #3 Exhibit p, #4 Exhibit q, #5 Exhibit r, #6 Exhibit t, #7 Exhibit u (Jonson, George) Modified text on 2/25/2014 (TJZ).
February 18, 2014 Filing 462 AFFIDAVIT /Second Declaration of George D. Jonson by Keating Muething & Klekamp, PLL. (Attachments: #1 Exhibit n - January 8, 2007 Letter, #2 Exhibit o - January 8, 2007 Estate Planning Engagement, #3 Exhibit p - July 23, 2007 Letter, #4 Exhibit q - July 25, 2007 Letter, #5 Exhibit r - July 20, 2007 Estate Planning Engagement, #6 Exhibit s - October 31, 2012 Letter, #7 Exhibit t - December 18, 2013 Report/Declarataion, #8 Exhibit u - February 17, 2014 Report/Declaration)(Jonson, George)
February 18, 2014 Filing 461 RESPONSE in Opposition re #427 MOTION for Partial Summary Judgment by Linda G. Holt , Judith E. Prewitt, and Cynthia L. Roeder filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Griffin Industries, LLC, Martom Properties, LLC. (Hankinson, Thomas)
February 18, 2014 Filing 460 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Griffin Industries, LLC, Martom Properties, LLC (Attachments: #1 Exhibit, #2 Exhibit F (Murphy, Caitlin) Modified text on 2/25/2014 (TJZ).
February 18, 2014 Filing 459 AFFIDAVIT Declaration of Caitlin E. Murphy in Support of Defendants' Memoranda in Opposition to Plaintiffs' Motions for Summary Judgment #461 by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Griffin Industries, LLC, Martom Properties, LLC. (Attachments: #1 INCORRECT Exhibit Exhibit A - Declaration of J. Michael Whaley, #2 Exhibit Exhibit B - $1 Million Check to Osborn, #3 Exhibit Exhibit C - 1995 Annual Shareholder Meeting Booklet (Filed Under Seal), #4 Exhibit Exhibit D - Stock Purchase Agreement, #5 Exhibit Exhibit E - Third Amendment to Stock Purchase Agreement, #6 Exhibit Exhibit F - Verified Complaint of Elizabeth Osborn with Exhibits (Filed Under Seal), #7 Exhibit Exhibit G - May 12, 1982 Stock Gifts Memo, #8 Exhibit Exhibit H - February 1982 Stock Gifts Memo)(Murphy, Caitlin) Modified to create link on 2/19/2014 (TJZ). Modified text on 2/25/2014 (TJZ). (Additional attachment(s) added on 2/25/2014: #9 CORRECT Exhibit A-Declaration of J. Michael Murphy, added per Order #492 ) (TJZ).
February 18, 2014 Filing 458 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Schultz, Jennifer) Modified to clean up docket text on 2/25/2014 (LST).
February 18, 2014 Filing 457 NOTICE OF FILING by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder Deposition Transcripts of (1) Roger Means and (2) Leonard Meranus Under Seal (Attachments: #1 Exhibit 1 - December 4, 2013 Transcript of Roger Means (Filed Under Seal), #2 Exhibit 2 - September 24, 1991 Deposition Transcript of Leonard Meranus (Filed Under Seal))(Schultz, Jennifer)
February 18, 2014 Filing 456 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Griffin Industries, LLC, Martom Properties, LLC (Attachments: #1 Exhibit A) (Hankinson, Thomas) Modified to clean up docket text on 2/25/2014 (LST).
February 18, 2014 Filing 455 NOTICE OF FILING by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Griffin Industries, LLC, Martom Properties, LLC Deposition Transcript of Dennis B. Griffin Under Seal (Attachments: #1 Exhibit Exhibit A - January 29, 1992 Deposition Transcript of Dennis B. Griffin (Filed Under Seal))(Hankinson, Thomas)
February 18, 2014 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #454 MOTION for Leave to File Excess Pages by Elizabeth A. Osborn , #453 MOTION for Leave by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC Expedited Motion for Leave To File Excess Pages on February 18, 2014 (TJZ)
February 17, 2014 Filing 454 MOTION for Leave to File Excess Pages by Elizabeth A. Osborn Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order)(Lewis, Benjamin)
February 14, 2014 Filing 453 MOTION for Leave by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC Expedited Motion for Leave To File Excess Pages on February 18, 2014 Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order)(Hankinson, Thomas)
February 13, 2014 Filing 452 REPLY to #439 in Support of Expedited Motion to Compel the Production of Documents from Defendant Robert Griffin and Griffin Industries, LLC and For Sanctions filed by Elizabeth A. Osborn. (Attachments: #1 Exhibit 1 - 8/26/13 E-mail from Stephen Butler)(Jakubowicz, Janet)
February 13, 2014 ***MOTION SUBMITTED TO CHAMBERS of MAGISTRATE WIER for review: re #439 MOTION to Compel by Elizabeth A. Osborn Production of Documents from Defendant Robert Griffin, Griffin Industries and Their Counsel (TED)
February 11, 2014 NOTICE OF DOCKET MODIFICATION TO Thomas Hankinson re #451 Response in Opposition to Motion, #450 Response in Opposition to Motion, Error: attachments were insufficiently described as Exhibit A, Exhibit B.Entry by attorney; Correction: the Clerk renamed the attachments. Attachmentsmust be adequately described. Example: Exhibit A (incorrect); Exhibit AAffidavit of John Doe (correct). No further action required by counsel. cc: COR (TJZ)
February 10, 2014 Filing 451 RESPONSE in Opposition re #438 MOTION to Exclude by Elizabeth A. Osborn Defendants' and Griffin Industries LLC's Untimely Produced Documents filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Griffin Industries, LLC, Martom Properties, LLC. (Attachments: #1 Exhibit A-Subpoena to Griffin Ind, #2 Exhibit B-letter from KMK to Jakubowicz 2-15-12, #3 Exhibit C-Ptff Osborn's Interrog & Requests, #4 Exhibit D-Dennis Griffin's responses to Interrog/Requests, #5 Exhibit E-Subpoena to Griffin Ind, #6 Exhibit F-letter from KMK to DBL 7-25-13, #7 Exhibit G-letter from DBL to Callow 11-21-13, #8 Exhibit H-letter from KMK to DBL 11-26-13, #9 Exhibit I-Ptff Roeder's Interrog/Requests, #10 Exhibit J-Dennis Griffin's Objs/Resp to Roeder's Inter/Requests, #11 Exhibit K-DBL letter to KMK 11-22-13, #12 Exhibit L-KMK letter to DBL 12-4-13, #13 Exhibit M-depo of Christopher Griffin, #14 Exhibit N-KMK letter to DBL 12-18-13, #15 Exhibit O-KMK letter to DBL & Bingham Greenbaum 1-22-14, #16 Exhibit P-Subpoena to Darling International, #17 Exhibit Q-DBL letter 12-20-13, #18 Exhibit R-email re JPMorgan 1-2-14, #19 Exhibit S-email re Ray Guy 1-14-14, #20 Exhibit T-email re Bates labels, #21 Exhibit U-email re BGD 1-27-14)(Hankinson, Thomas) Modified to describe on 2/11/2014 (TJZ).
February 10, 2014 Filing 450 RESPONSE in Opposition re #439 MOTION to Compel by Elizabeth A. Osborn Production of Documents from Defendant Robert Griffin, Griffin Industries and Their Counsel filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Griffin Industries, LLC, Martom Properties, LLC. (Attachments: #1 Affidavit Declaration of Louis Solimine, #2 Exhibit 1-Letter to MJ Smith, Griffin Industries minutes, appraisal info,)(Hankinson, Thomas) Modified text on 2/11/2014 (TJZ).
February 6, 2014 Opinion or Order Filing 449 ORDER: Plaintiffs' motion for joinder #448 is GRANTED. Defendants' response to the motion to compel remains due on 2/10/2014, with any reply due on or before 2/13/2014. Signed by Magistrate Judge Robert E. Wier on 2/6/2014. (TJZ)cc: COR
February 5, 2014 Filing 448 MOTION for Joinder as to #439 by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order, #2 Exhibit A - Subpeona to Thompson Hine LLP, #3 Exhibit B - Email dated 12-9-13, #4 Exhibit C - Subpoena to Griffin Industries LLC, #5 Exhibit D - Roeder's First Set of Interrogatories to Robert Griffin)(Schultz, Jennifer) Modified to add link on 2/6/2014 (TJZ).
February 5, 2014 Filing 447 MOTION for Joinder #438 MOTION to Exclude by Elizabeth A. Osborn Defendants' and Griffin Industries LLC's Untimely Produced Documents by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order, #2 Exhibit A - Subpoena to Griffin Industries LLC, #3 Exhibit B - Letter dated 7-25-2013, #4 Exhibit C - Roeder's First Set of Interrogatories to John M. Griffin 9-23-13, #5 Exhibit D - Dennis Griffin's Response to Roeder's First Set of Interrogatories, #6 Exhibit E - Letter Dated 11-22-13, #7 Exhibit F - Letter Dated 12-4-13)(Schultz, Jennifer)
February 5, 2014 Opinion or Order Filing 446 ORDER: Sealed Motion #391 and Motion to Preclude Disclosure of Confidential Information #392 are DENIED. The defense may disclose the particular notes at issue to Janet Means. Any party objecting to this Order must do so within 14 days. Signed by Magistrate Judge Robert E. Wier on 2/5/2014.(TJZ)cc: COR
February 4, 2014 Opinion or Order Filing 445 ORDER: Defendants and any other party shall respond to the Motion to Compel #439 on or before 2/10/2014. Plaintiffs may reply by 2/13/2014. Signed by Magistrate Judge Robert E. Wier on 2/4/2014.(TJZ)cc: COR
February 3, 2014 Filing 444 SEALED DOCUMENT re #431 Sealed Document, Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Griffin Industries, LLC, Martom Properties, LLC (Attachments: #1 Exhibit Exhibit 125) (Hankinson, Thomas) Modified on 2/25/2014 (LST).
February 3, 2014 Filing 443 NOTICE OF FILING by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Griffin Industries, LLC, Martom Properties, LLC re #431 Sealed Document,,,,,,,,,,,,,,,, Corrected Exhibit #125 (Hankinson, Thomas)
February 3, 2014 Filing 442 RESPONSE in Opposition re #400 MOTION to Dismiss by Elizabeth A. Osborn Defendants' December 20, 2013 Counterclaim filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Griffin Industries, LLC, Martom Properties, LLC. (Murphy, Caitlin)
February 3, 2014 Opinion or Order Filing 441 ORDER: Defendants shall file a response to the motion to exclude #438 on or before 2/10/2014. Signed by Judge William O. Bertelsman on 2/3/2014.(TJZ)cc: COR
January 31, 2014 Filing 440 SEALED DOCUMENT re #439 MOTION to Compel, Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order by Elizabeth A. Osborn (Attachments: #1 Exhibit H, #2 Exhibit I, #3 Exhibit J, #4 Exhibit L) (Jakubowicz, Janet) Modified to clean up docket text on 2/25/2014 (LST).
January 31, 2014 Filing 439 MOTION to Compel by Elizabeth A. Osborn Production of Documents from Defendant Robert Griffin, Griffin Industries and Their Counsel Motions referred to Robert E. Wier. (Attachments: #1 Memorandum in Support FILED UNDER SEAL, #2 Proposed Order, #3 Exhibit A - EXHIBIT -1.30.12 Discovery to Robert Griffin, #4 Exhibit B - EXHIBIT -1.30.12 Subpoena to Griffin Industries, #5 Exhibit C - EXHIBIT - TH privilege log, #6 Exhibit D - EXHIBIT - Def's First Amended Privilege Log, #7 Exhibit E - EXHIBIT - Griffin Supplemental Privilege Log jointly held with other individuals, #8 Exhibit F - EXHIBIT - Butler 12 9 13 e-mail re TH privilege log, #9 Exhibit G - EXHIBIT - November 23, 2010 Louis Solimine E-mail, #10 Exhibit H - EXHIBIT - SEALED -January 28, 2011 KMK Invoice, #11 Exhibit I - EXHIBIT - SEALED - New Litigation Client Matter Info, #12 Exhibit I - EXHIBIT - SEALED - New Litigation Client Matter Info, #13 Exhibit K - EXHIBIT - 12.8.10 SOLIMINE E-MAIL TO WUNDERLICH, #14 Exhibit L - EXHIBIT- SEALED - 12.15.10 E-MAIL FROM PARRISH TO CALLOW)(Jakubowicz, Janet)
January 31, 2014 Filing 438 MOTION to Exclude by Elizabeth A. Osborn Defendants' and Griffin Industries LLC's Untimely Produced Documents Motions referred to Robert E. Wier. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Exhibit A - EXHIBIT - DISCOVERY TO DENNIS GRIFFIN, #4 Exhibit B - EXHIBIT -1.30.12 Subpoena to Griffin Industries, #5 Exhibit C - EXHIBIT -12.18.13 Ltr from Hankinson to Plaintiffs, #6 Exhibit D - EXHIBIT -1.22.14 Ltr from Hankinson to Plaintiffs)(Jakubowicz, Janet)
January 27, 2014 Opinion or Order Filing 437 ORDER: Motion for Leave to Exceed Page Limit #416 is granted. Holt plaintffs are given up to and including 55 pages for their summary judgment brief on the issues of breach of fiduciary duty, tortuous interference with an inheritance, and professional negligence. Signed by Judge William O. Bertelsman on 1/27/2014. (TJZ)cc: COR
January 27, 2014 Opinion or Order Filing 429 ORDER: Due to ECF system being down on Friday 1/24/2014 Defendants, Dennis Griffin, John Griffin, Robert Griffin, Martom Properties tendered their motion for summary judgment and sealed exhibits in paper to the Court. 1) The above defendants shall file their motion for summary judgment and sealed exhibits through ECF system promptly upon receipt of order. 2) Clerk accepts the filing of defendants' motion for summary judgment and sealed exhibits and Clerk shall deem said documents filed as of 1/24/2014. Signed by Judge William O. Bertelsman on 1/27/2014.(TJZ)cc: COR
January 27, 2014 ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #392 MOTION for Order by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder to Preclude Disclosure of Confidential Information (TJZ)
January 27, 2014 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #416 MOTION for Leave by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder to Exceed Page Limit (TJZ)
January 24, 2014 Filing 436 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment On All Plaintiffs' RICO Claims (Attachments: #1 Proposed Order)(Hankinson, Thomas) Modified to change file date pursuant to Order #429 on 1/28/2014 (TJZ).
January 24, 2014 Filing 435 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment on All Plaintiffs' Claims Regarding John L. Griffin's Estate and 1967 Trust (Attachments: #1 Proposed Order)(Hankinson, Thomas) Modified to change file date pursuant to Order #429 on 1/28/2014 (TJZ).
January 24, 2014 Filing 434 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment On All Claims Regarding 1985-1986 Griffin Industries Stock Transactions (Attachments: #1 Proposed Order)(Hankinson, Thomas) Modified to change file date pursuant to Order #429 on 1/28/2014 (TJZ).
January 24, 2014 Filing 433 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing Of Prior Paper Motion for Summary Judgment On All Plaintiffs' Claims Regarding the Cold Spring Property (Attachments: #1 Proposed Order)(Hankinson, Thomas) Modified to change file date pursuant to Order #429 on 1/28/2014 (TJZ).
January 24, 2014 Filing 432 MOTION for Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment That All Plaintiffs' Claims Are Time-Barred (Attachments: #1 Proposed Order)(Hankinson, Thomas) Modified to change file date pursuant to Order #429 on 1/28/2014 (TJZ).
January 24, 2014 Filing 431 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Griffin Industries, LLC, Martom Properties, LLC (Attachments: #1 Exhibit 5, #2 Exhibit 6, #3 Exhibit 7, #4 Exhibit 8, #5 Exhibit 9, #6 Exhibit 16 - Part One, #7 Exhibit 16 - Part Two, #8 Exhibit 16 - Part Three, #9 Exhibit 16 - Part Four, #10 Exhibit 16 - Part Five, #11 Exhibit 16 - Part Six, #12 Exhibit 16 - Part Seven, #13 Exhibit 16 - Part Eight, #14 Exhibit 16 - Part Nine, #15 Exhibit 19, #16 Exhibit 22 - Part One, #17 Exhibit 22 - Part Two, #18 Exhibit 22 - Part Three, #19 Exhibit 23, #20 Exhibit 28, #21 Exhibit 59, #22 Exhibit 64, #23 Exhibit 69, #24 Exhibit 71, #25 Exhibit 74 - Part One, #26 Exhibit 74 - Part Two, #27 Exhibit 75, #28 Exhibit 76, #29 Exhibit 77, #30 Exhibit 78, #31 Exhibit 79, #32 Exhibit 82, #33 Exhibit 88, #34 Exhibit 89, #35 Exhibit 90, #36 Exhibit 91, #37 Exhibit 92, #38 Exhibit 93, #39 Exhibit 94, #40 Exhibit 103, #41 Exhibit 106, #42 Exhibit 107, #43 Exhibit 108, #44 Exhibit 110, #45 Exhibit 111, #46 Exhibit 112, #47 Exhibit 116, #48 Exhibit 117, #49 Exhibit 118, #50 Exhibit 119, #51 Exhibit 120, #52 Exhibit 121, #53 Exhibit 122, #54 Exhibit 123, #55 Exhibit 124, #56 INCORRECT Exhibit 125, #57 Exhibit 126, #58 Exhibit 127, #59 Exhibit, #60 Exhibit 134, #61 Exhibit 136, #62, #63 Exhibit 138, #64 Exhibit 140, #65 Exhibit 142, #66 Exhibit 143, #67 Exhibit 144, #68 Exhibit 146 - Probate Partial Settlement) (Hankinson, Thomas) Modified to change file date pursuant to Order #429 on 1/28/2014 (TJZ). Modified to add correct Ex 125 on 2/4/2014 (TJZ). (Additional attachment(s) added on 2/4/2014: #69 CORRECT Exhibit 125) (TJZ). Modified to clean up docket text on 2/25/2014 (LST).
January 24, 2014 Filing 430 AFFIDAVIT Declaration of Thomas F. Hankinson in Support of Defendants' Motions For Summary Judgment [432, 433, 434, 435, 436] by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Griffin Industries, LLC, Martom Properties, LLC. (Attachments: #1 Exhibit 01 - Excerpt from A Tradition in Rendering, #2 Exhibit 02 - Griffin Family Tree, #3 Exhibit 03 - Cold Spring Property Purchase Contract, #4 Exhibit 04 - Dewey McDougal Declaration, #5 Exhibit 05 - July 12, 1973 Griffin Industries Board Minutes (FILED UNDER SEAL), #6 Exhibit 06 - November 19, 1973 Griffin Industries Board Minutes (FILED UNDER SEAL), #7 Exhibit 07 - March 13, 1974 Griffin Industries Board Minutes (FILED UNDER SEAL), #8 Exhibit 08 - July 11, 1974 Griffin Industries Board Minutes (FILED UNDER SEAL), #9 Exhibit 09 - October 18, 1974 Griffin Industries Board Minutes (FILED UNDER SEAL), #10 Exhibit 10 - 1974 Cold Spring Property Deed, #11 Exhibit 11 - Part One - Rosellen Griffin Probate File, #12 Exhibit 11 - Part Two, #13 Exhibit 11 - Part Three, #14 Exhibit 11 - Part Four, #15 Exhibit 11 - Part Five, #16 Exhibit 12 - Notes of Dennis Griffin Presentation regarding Drawbridge Inn Meeting, #17 Exhibit 13 - Notes of Leonard Meranus regarding Drawbridge Inn Meeting, #18 Exhibit 14 - Thompson Hine Memo After Drawbridge Inn Meeting, #19 Exhibit 15 - Thompson Hine Meeting Before Drawbridge Inn Meeting, #20 Exhibit 16 - 1985-1986 Stock Transaction Documents (FILED UNDER SEAL), #21 Exhibit 17 - 1990 Osborn Complaint, #22 Exhibit 18 - Motion, Order and Notice to Shareholders, #23 Exhibit 19 - 1993 Osborn Settlement Agreement (FILED UNDER SEAL), #24 Exhibit 20 - Certificate of Compliance re Notice, #25 Exhibit 21 - Order Dismissin Derivative Claims As Settled, #26 Exhibit 22 - John L. Griffin Estate Probate Record (FILED UNDER SEAL), #27 Exhibit 23 - Offer and Purchase Agreements (FILED UNDER SEAL), #28 Exhibit 1995 Jackson Property Deed, #29 Exhibit 25 - 1995 Henderson Property Deed, #30 Exhibit 26 - 1995 Bradford Property Deed, #31 Exhibit 27 - 1995 Jay Gee Property Deed, #32 Exhibit 28 - Option from John L. Griffin (FILED UNDER SEAL), #33 Exhibit 29 - 1995 Stock Purchase Agreement of Martin Griffin, #34 Exhibit 30 - 1995 Stock Purchase Agreement of Martin Griffin, #35 Exhibit 31 - Excerpt from Darling International Form 8-K, #36 Exhibit 32 - Quit Claim Deed, #37 Exhibit 33 - Fiduciary Deed, #38 Exhibit 34 - Kentucky Post notice of Final Settlement in Rosellen Griffin probate case, #39 Exhibit 35 - Jan. 14, 1988 Interim Settlement in Rosellen Griffin probate case, #40 Exhibit 36 - Motion to Appoint Executors, #41 Exhibit 37 - Ledger Showing Estate Sales of Griffin Stock, #42 Exhibit 38 - Rosellen Griffin's Will and Codicil, #43 Exhibit 39 - Rosellen Griffin's Restated Trust Agreement, #44 Exhibit 40 - Sept. 10, 1987 Letter from Meranus to Dennis Griffin, #45 Exhibit 41 - June 1, 1989 Letter from Dennis Griffin to All Sisters, #46 Exhibit 42 - Sept. 25, 1987 Letter from Leonard Meranus to Osborn Encl. Check, #47 Exhibit 43 - Sept. 25, 1987 Letter from Meranus to Osborn, #48 Exhibit 44 - Sept. 25, 1987 Letter from Meranus to Means, #49 Exhibit 45 - Letter from Dennis Griffin To Sisters Enclosing Check, #50 Exhibit 46 - Apr. 27, 1990 Letter from Blair to All Sisters, #51 Exhibit 47 - Rosellen Griffin Trust Checks, #52 Exhibit 48 - Rosellen Griffin Trust Checks, #53 Exhibit 49 - Holt Responses to Interrogatories, #54 Exhibit 50 - Prewitt Responses to Interrogatories, #55 Exhibit 51 - Roeder Responses to Interrogatories, #56 Exhibit 52 - Jan. 20, 1990 Osborn Letter, #57 Exhibit 53 - March 16, 1990 Letter from Taft Firm, #58 Exhibit 54 - Fact Chronology, #59 Exhibit 55 - Draft "Verified Exceptions", #60 Exhibit 56 - Oct. 7, 1991 Arnzen Memo of Oct. 2 Meeting wiht Holt, Roederand Prewitt, #61 Exhibit 57 - Oct. 7, 1991 Arnzen Memo of Oct. 2 Meeting with David Holt, #62 Exhibit 58 - Feb. 1991 Deposition Notices to Linda and David Holt, #63 Exhibit 59 - Fe. 25, 1993 Proposed Settlement (FILED UNDER SEAL), #64 Exhibit 60 - Notice of Hearing, #65 Exhibit 61 - Letter from Mark Arnzen to Dennis Griffin and John M. Griffin, wiht a note from Dennis Griffin to forward to Holt Plaintiffs, #66 Exhibit 62 - Griffin Industries Check Stub, #67 Exhibit 63 - Sept. 10, 1993 Proposed Settlement, #68 Exhibit 64 - December 17, 1993 Griffin Industries Board Minutes (FILED UNDER SEAL), #69 Exhibit 65 - June 19, 1993 Kentucky Post Article, #70 Exhibit 66 - June 19, 1993 Kentucky Post Article, #71 Exhibit 67 - Nov. 1993 Business Courier Article, #72 Exhibit 68 - Nov. 1993 Business Courier Article, #73 Exhibit 69 - Roeder's Handwritten Notes (FILED UNDER SEAL), #74 Exhibit 70 - Faxed Shareholder List, #75 Exhibit 71 - Osborn's Form K-1 from 1985 - 1989 (FILED UNDER SEAL), #76 Exhibit 72 - Nov. 21, 1990 Demand from Osborn to Inspect Company Records, #77 Exhibit 73 - Nov. 26, 1990 Letter from Osborn's Attorney to Dennis Griffin Demanding to Inspect Company Records, #78 Exhibit 74 - Jackson Property Appraisal (FILED UNDER SEAL), #79 Exhibit 75 - Henderson Property Appraisal (FILED UNDER SEAL), #80 Exhibit 76 - Bradford Propert Appraisal (FILED UNDER SEAL), #81 Exhibit 77 - Jay Gee Propert Appraisal (FILED UNDER SEAL), #82 Exhibit 78 - Adams Property Appraisal (FILED UNDER SEAL), #83 Exhibit 79 - Craig Protein Appraisal Report (FILED UNDER SEAL), #84 Exhibit 80 - Martom Properties Check to Trust, #85 Exhibit 81 - Martom Properties Check to Estate, #86 Exhibit 82 - Option to Purchase Craig Protein Stock (FILED UNDER SEAL), #87 Exhibit 83 - Dec. 1, 1997 Accounting, #88 Exhibit 84 - Dec. 4 Blair Fax re Dec. 1 Accounting, #89 Exhibit 85 - 1998 Accounting, #90 Exhibit 86 - Partial Mar. 1998 Accounting, #91 Exhibit 87 - Mar. 24, 1998 Letter Encl. Accounting, #92 Exhibit 88 - Dec. 1, 1997 Check to Osborn (FILED UNDER SEAL), #93 Exhibit 89 - Mar. 23, 1998 Check to Osborn (FILED UNDER SEAL), #94 Exhibit 90 - Dec. 15, 1995 Letter to Osborn (FILED UNDER SEAL), #95 Exhibit 91 - Dec. 1, 1995 Letter to All Beneficiaries (FILED UNDER SEAL), #96 Exhibit 92 - Mar. 24, 1998 Letter to All Beneficiaries (FILED UNDER SEAL), #97 Exhibit 93 - Defs.' Copy of Initial Distributions (FILED UNDER SEAL), #98 Exhibit 94 - Thompson Hine's Copy of Initial Distributions (FILED UNDER SEAL), #99 Exhibit 95 - Osborn Responses to Interrogatories, #100 Exhibit 96 - May 16, 1995 Letter from Neubauer, #101 Exhibit 97 - May 26, 1995 Letter to Neubauer, #102 Exhibit 98 - Mar. 4, 1996 Letter from Neubauer, #103 Exhibit 99 - Mar. 19, 1996 letter to Neubauer, #104 Exhibit 100 - Public PVA Record, #105 Exhibit 101 - Martom's Filed Articles of Organization, #106 Exhibit 102 - Martom's Filed Annual Report, #107 Exhibit 103 - Sept. 10, 1993 Hearing Transcript (FILED UNDER SEAL), #108 Exhibit 104 - Will of Rosellen Griffin, #109 Exhibit 105 - Trust of Rosellen Griffin, #110 Exhibit 106 - Affidavit of John L. Griffin (FILED UNDER SEAL), #111 Exhibit 107 - Meranus Memo re Nov. 29, 1991 (FILED UNDER SEAL), #112 Exhibit 108 - Meranus Memo re Nov. 30, 1991 (FILED UNDER SEAL), #113 Exhibit 109 - JLG Disclaimer of 62% of his share of Rosellen Griffin's Restated Trust, #114 Exhibit 110 - Dec. 16, 1994 Annual Shareholders Meeting Minutes (FILED UNDER SEAL), #115 Exhibit 111 - Dec. 17, 1993 Annual Shareholders Meeting Minutes (FILED UNDER SEAL), #116 Exhibit 112 - Feb. 1, 1972 Board Minutes (FILED UNDER SEAL), #117 Exhibit 113 - March 28, 1973 Board Minutes, #118 Exhibit 114 - Dec. 18, 1973 Meranus Letter to Owners, #119 Exhibit 115 - Feb. 11, 1974 Letter and Check, #120 Exhibit 116 - Asset Register for code 001 - Cold Spring as of Jan. 31, 2011 (FILED UNDER SEAL), #121 Exhibit 117 - January 24, 1975 Griffin Industries Board Minutes (FILED UNDER SEAL), #122 Exhibit 118 - Sept. 19, 1975 Griffin Industries Board Minutes (FILED UNDER SEAL), #123 Exhibit 119 - July 31, 1974 Renovation Contract (FILED UNDER SEAL), #124 Exhibit 120 - Performance Bond (FILED UNDER SEAL), #125 Exhibit 121 - Additional Contracting Documents (FILED UNDER SEAL), #126 Exhibit 122 - John L. Griffin Personal Tax Returns (FILED UNDER SEAL), #127 Exhibit 123 - 1978 Henderson Lease from John L. Griffin (FILED UNDER SEAL), #128 Exhibit 124 - 1981 Renewals of Leases from John L. Griffin (FILED UNDER SEAL), #129 Exhibit 125 - 1985 Renewals of Leases from John L. Griffin (FILED UNDER SEAL), #130 Exhibit 126 - 1985 Appraisal Information Excerpts (FILED UNDER SEAL), #131 Exhibit 127 - Cold Spring Property Appraisal (FILED UNDER SEAL), #132 Exhibit 128 - Construction Bid and Payment Documents (FILED UNDER SEAL), #133 Exhibit 129 - July 21, 1992 Property List, #134 Exhibit 130 - 50th Anniversary Open House "Scripts" File, #135 Exhibit 131 - Dec. 12, 1973 Meranus Letter, #136 Exhibit 132 - Dec. 28, 1973 Mikitka Deed, #137 Exhibit 133 - Jan. 8, 1976 JLG, Trustee Deed, #138 Exhibit 134 - Oct. 24, 1968 Griffin Industries Board Minutes (FILED UNDER SEAL), #139 Exhibit 135 - 1968 Henderson Property Deed, #140 Exhibit 136 - 1978 Henderson Lease (FILED UNDER SEAL), #141 Exhibit 137 - May 19, 1995 Letter from Ruebel (FILED UNDER SEAL), #142 Exhibit 138 - May 26, 1995 Meeting Notes (FILED UNDER SEAL), #143 Exhibit 139 - Martom Offer Letter, #144 Exhibit 140 - Martom Balance Sheet (FILED UNDER SEAL), #145 Exhibit 141 - Martom Loan Documents, #146 Exhibit 142 - Jan. 4, 1994 Memo From Richard Ruebel (FILED UNDER SEAL), #147 Exhibit 143 - Option to Purchase Craig Protein Stock (FILED UNDER SEAL), #148 Exhibit 144 - Probate Inventory and Appraisement (FILED UNDER SEAL), #149 Exhibit 145 - Stock Purchase Agreement of Thomas Griffin, #150 Exhibit 146 - Probate Partial Settlement (FILED UNDER SEAL), #151 Exhibit 147 - JLG 1967 Trust)(Hankinson, Thomas) Modified to add link and change file date pursuant to Order #429 on 1/28/2014 (TJZ).
January 24, 2014 Filing 428 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 33A, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40, #42 Exhibit 41, #43 Exhibit 42, #44 Exhibit 43, #45 Exhibit 44, #46 Exhibit 45, #47 Exhibit 46, #48 Exhibit 47, #49 Exhibit 48, #50 Exhibit 49, #51 Exhibit 50, #52 Exhibit 51, #53 Exhibit 52, #54 Exhibit 53, #55 Exhibit 54, #56 Exhibit 55, #57 Exhibit 56, #58 Exhibit 57, #59 Exhibit 58, #60 Exhibit 59, #61 Exhibit 60, #62 Exhibit 61, #63 Exhibit 62, #64 Exhibit 63, #65 Exhibit 64, #66 Exhibit 65, #67 Exhibit 66, #68 Exhibit 67, #69 Exhibit 68, #70 Exhibit 69, #71 Exhibit 70, #72 Exhibit 71, #73 Exhibit 72, #74 Exhibit 73, #75 Exhibit 74, #76 Exhibit 75, #77 Exhibit 76, #78 Exhibit 77, #79 Exhibit 78, #80 Exhibit 79, #81 Exhibit 80, #82 Exhibit 81, #83 Exhibit 82, #84 Exhibit 83-SEE SUBSTITUTED Exhibit 83 added at attachment #86 below, #85 Exhibit 84) (Schultz, Jennifer) Modified to clean up docket text on 2/25/2014 (LST). (Additional attachment(s) added on 3/13/2014: #86 SUBSTITUTED Exhibit 83 per Order DE #539 ) (ECO). Modified text on 3/13/2014 (ECO).
January 24, 2014 Filing 427 MOTION for Partial Summary Judgment by Linda G. Holt , Judith E. Prewitt, and Cynthia L. Roeder (Attachments: #1 Proposed Order, #2 Memorandum in Support (filed under seal))(Wicker, J.)
January 24, 2014 Filing 426 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Linda G. Holt (Wicker, J.) Additional attachment added in error was deleted and added to correct DE 428 on 3/13/2014. (ECO). Modified on 3/13/2014 (CBD).
January 24, 2014 Filing 425 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order by Elizabeth A. Osborn (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 6, #4 Exhibit 8, #5 Exhibit 10, #6 Exhibit 12, #7 Exhibit 13, #8 Exhibit 14, #9 Exhibit 15, #10 Exhibit 18, #11 Exhibit 19, #12 Exhibit 20, #13 Exhibit 21, #14 Exhibit 22, #15 Exhibit 28, #16 Exhibit 30) (Lewis, Benjamin) Modified to clean up docket text on 2/25/2014 (LST).
January 24, 2014 Filing 424 MOTION for Summary Judgment by Elizabeth A. Osborn (Attachments: #1 Exhibit 1 - May 19, 1995 Letter from Ruebel to Dennis Griffin SEALED, #2 Exhibit 2 - Trust.Estate administration notes SEALED, #3 Exhibit 3 - Shareholder List SEALED, #4 Exhibit 4 - Seventh Codicil to the Will, #5 Exhibit 5 - Fifth Amendment to 1967 Trust, #6 Exhibit 6 - Pre 1995 Leases SEALED, #7 Exhibit 7 - November 23, 2010 Louis Solimine E-mail, #8 Exhibit 8 - 1995 Appraisals SEALED, #9 Exhibit 9 - 1995 Deeds to Martom, #10 Exhibit 10 - Martom Profit & Loss 1995-2011 SEALED, #11 Exhibit 11 - Neubauer Letters, #12 Exhibit 12 - 2010 Martom Leases SEALED, #13 Exhibit 13- 1995 Craig Protein Appraisal SEALED, #14 Exhibit 14 - 1995 Craig Protein Stock Purchase Agreements SEALED, #15 Exhibit 15 - Agreement and Plan of Reorganization SEALED, #16 Exhibit 16 - October 26, 2010 Title Commitment, #17 Exhibit 17 - Special Warranty Deed, #18 Exhibit 18 - Thompson Hine Privilege Log SEALED, #19 Exhibit 19 - December 8, 2010 E-mail from Chris Griffin to Joe Callow SEALED, #20 Exhibit 20 - January 28, 2011 KMK Invoice SEALED, #21 Exhibit 21 - December 13, 2010 E-mails at 2.09 pm with Doug Atkins SEALED, #22 Exhibit 22 - December 13, 2010 E-mail at 6.49 pm from Doug Atkins to Solimine SEALED, #23 Exhibit 23 - Motion to Reopen Estate, #24 Exhibit 24 - December 16, 2010 Order reopening Estate, #25 Exhibit 25 - December 16, 2010 Order reopening Estate, #26 Exhibit 26 - Fiduciary Deed, #27 Exhibit 27 - 1967 Trust Agreement, #28 Exhibit 28 - draft Fourth Trust Amendment SEALED, #29 Exhibit 29 - Third Amendment to 1967 Trust, #30 Exhibit 30 - 1995 Martom Leases SEALED, #31 Exhibit 31 - 1974 Cold Spring Deed, #32 Memorandum in Support of Motion for Partial Summary Judgment, #33 Proposed Order)(Lewis, Benjamin)
January 24, 2014 Filing 423 MOTION for Summary Judgment by Keating Muething & Klekamp, PLL (Attachments: #1 Memorandum in Support of Motion for Summary Judgment to Establish Ownership of the Cold Spring Property, #2 Proposed Order Granting Motion for Summary Judgment)(Jonson, George)
January 24, 2014 Filing 422 MOTION for Summary Judgment by Keating Muething & Klekamp, PLL (Attachments: #1 Memorandum in Support of Motion for Summary Judgment as to Statute of Limitations and Conflict of Interest, #2 Exhibit 1 - Declaration of George D. Jonson, #3 Proposed Order Granting Motion for Summary Judgment)(Jonson, George)
January 24, 2014 Filing 421 CERTIFICATE of Counsel That Defendants' Summary Judgment Motions and Supporting Documents Were Served Via Electronic Mail by Thomas F. Hankinson on behalf of Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC (Hankinson, Thomas)
January 24, 2014 Filing 420 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order by Keating Muething & Klekamp, PLL (Attachments: #1 Exhibit a, #2 Exhibit b, #3 Exhibit c, #4 Exhibit d, #5 Exhibit e, #6 Exhibit f, #7 Exhibit g, #8 Exhibit h, #9 Exhibit i, #10 Exhibit j, #11 Exhibit k, #12 Exhibit l, #13 Exhibit m) (Jonson, George) Modified to clean up docket text on 2/25/2014 (LST).
January 24, 2014 Filing 419 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order by Keating Muething & Klekamp, PLL (Attachments: #1 Deposition) (Jonson, George) Modified to clean up docket text on 2/25/2014 (LST).
January 24, 2014 Filing 418 NOTICE OF FILING by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder Deposition Transcripts (Attachments: #1 Exhibit 1- Deposition Transcript of Deborah Becker dated November 7, 2013 (Filed under seal), #2 Exhibit 2 - Deposition Transcript of Elizabeth Osborn dated December 20, 2013 (Filed under seal))(Schultz, Jennifer)
January 24, 2014 Filing 417 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Schultz, Jennifer) Modified to clean up docket text on 2/25/2014 (LST).
January 24, 2014 Filing 416 MOTION for Leave by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder to Exceed Page Limit Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order)(Schultz, Jennifer)
January 24, 2014 Filing 415 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, by Elizabeth A. Osborn (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Lewis, Benjamin) Modified to clean up docket text on 2/25/2014 (LST).
January 24, 2014 Filing 414 NOTICE OF FILING by Elizabeth A. Osborn Deposition Transcripts (Attachments: #1 Exhibit 1 - The July 31 2013 Deposition of Thomas Griffin Filed Under Seal, #2 Exhibit 2 - The October 4 2012 Deposition of Robert Griffin Filed Under Seal, #3 Exhibit 3 - The October 14 2013 Deposition of Dennis B Griffin Filed Under Seal, #4 Exhibit 4 - The October 4 2013 Deposition of Dennis B Griffin Filed Under Seal, #5 Exhibit 5 - The July 30 2013 Deposition of Martin Griffin Filed Under Seal)(Lewis, Benjamin)
January 24, 2014 Filing 413 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order by Keating Muething & Klekamp, PLL (Attachments: #1 Deposition) (Jonson, George) Modified to clean up docket text on 2/25/2014 (LST).
January 24, 2014 Filing 412 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order by Keating Muething & Klekamp, PLL (Attachments: #1 Deposition Volume 1, #2 Deposition, #3 Deposition, #4 Deposition, #5 Deposition, #6 Deposition) (Jonson, George) Modified to clean up docket text on 2/25/2014 (LST).
January 23, 2014 Filing 411 NOTICE OF FILING by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC Additional Depositions In Support Of Summary Judgment Motions (Attachments: #1 Oct. 3, 2012 Dep. of John M. Griffin, #2 Dec. 4, 2013 Dep. of Janet Means)(Hankinson, Thomas)
January 23, 2014 Filing 410 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC (Attachments: #1 Deposition of Judith Prewitt, #2 Deposition of Cynthia Roeder, #3 Deposition of Cynthia Roeder, #4 Deposition of Linda Holt, #5 Deposition of Linda Holt, #6 Deposition of Elizabeth Osborn, #7 Deposition of Elizabeth Osborn, #8 Deposition of Beverly Storm, #9 Deposition of Steven Blair, #10 Deposition of Todd Sander, #11 Deposition of John M. Griffin, #12 Deposition of Robert A. Griffin, #13 Deposition of Christopher Griffin, #14 Deposition of Louis Solimine) (Hankinson, Thomas) Modified to clean up docket text on 2/25/2014 (LST).
January 23, 2014 Filing 409 NOTICE OF FILING by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC Deposition Transcripts In Advance of Summary Judgment Motions (Attachments: #1 Exhibit Dec. 12, 2013 Dep. of Dewey McDougal, #2 Exhibit Aug. 29, 2013 Dep. of Judith Prewitt (filed under seal), #3 Exhibit Nov. 15, 1991 Dep. of Cynthia Roeder (filed under seal), #4 Exhibit Oct. 16, 2012 Dep. of Cynthia Roeder, #5 Exhibit Aug. 9, 2013 Dep. of Cynthia Roeder (filed under seal), #6 Exhibit Sept. 4, 2013 Dep. of Linda Holt (filed under seal), #7 Exhibit Sept. 5, 2013 Dep. of Linda Holt (filed under seal), #8 Exhibit Aug. 1, 1991 Dep. of Elizabeth Osborn (filed under seal), #9 Exhibit Oct. 2, 2012 Dep. of Elizabeth Osborn (filed under seal), #10 Exhibit Dec. 10, 2013 Dep. of Beverly Storm (filed under seal), #11 Exhibit Oct. 30, 2013 Dep. of Steven Blair (filed under seal), #12 Exhibit Dec. 17, 2013 Dep. of Todd Sander (filed under seal), #13 Exhibit July 26, 2013 Dep. of Hon. Timothy Neubauer, #14 Exhibit Dec. 12, 2013 Dep. of John M. Griffin (filed under seal), #15 Exhibit Dec. 13, 2013 Dep. of Robert A. Griffin (filed under seal), #16 Exhibit Dec. 17, 2013 Dep. of Christopher Griffin (filed under seal), #17 Exhibit Dec. 16, 2013 Dep. of Louis Solimine (filed under seal))(Hankinson, Thomas)
January 22, 2014 Filing 408 TRANSCRIPT of Proceedings: MOTION HEARING held on 9/4/2013 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: Janet P. Jakubowicz, Esq.. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 2/18/2014. Redacted Transcript Deadline set for 2/27/2014. Release of Transcript Restriction set for 4/25/2014.
January 22, 2014 Opinion or Order Filing 407 ORDER: The Court grants Defendants' Motion for Leave to Exceed Page Limit #405 . Defendants have up to and including 65 pages for their summary judgment brief on the ground of the statute of limitations. Signed by Judge William O. Bertelsman on 1/22/2014. (TJZ)cc: COR
January 22, 2014 Filing 406 TRANSCRIPT of Proceedings: ORAL ARGUMENT held on 11/25/2013 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: Janet P. Jakubowicz, Esq.. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 2/18/2014. Redacted Transcript Deadline set for 2/27/2014. Release of Transcript Restriction set for 4/25/2014.
January 22, 2014 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #405 EXPEDITED MOTION for Leave to File Excess Pages by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC. (TJZ)
January 21, 2014 Filing 405 MOTION for Leave to File Excess Pages by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC Expedited Motion to Exceed Page Limit Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order)(Hankinson, Thomas)
January 13, 2014 Filing 404 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 1/13/2014 before Magistrate Judge Robert E. Wier: 1) Court finds Judge Bertelsman's Order #359 does not apply to the relevant documents listed on Thompson Hine's supplemental log. The Court DENIES plaintiffs' request for relief. This is a provisional ruling. Any party has leave to file a formal motion. 2) Due to timing of production of Thompson Hine's supplemental privilege log, the Court grants plaintiffs leave to file a motion to compel compliance with the subpoena, as a vehicle for testing the privilege assertions. Court wants an understanding of why none of the discovery responses to this point revealed the documents. (Court Reporter Peggy Weber.) (TJZ)cc: COR
January 13, 2014 Filing 403 REPLY to Response to Motion re #392 MOTION for Order by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder to Preclude Disclosure of Confidential Information filed by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Exhibit Ex. A - Deposition of Janet Means (FILED UNDER SEAL), #2 Exhibit Ex. B - Minutes of Shareholder Meeting 11-5-2010 (FILED UNDER SEAL), #3 Exhibit Ex. C - Defendants' Subpoena Duces Tecum to Janet Means)(Schultz, Jennifer)
January 13, 2014 Filing 402 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Schultz, Jennifer) Modified to clean up docket text on 2/25/2014 (LST).
January 13, 2014 Opinion or Order Filing 401 ORDER: The Court DENIES the defense motion for leave to depose experts on the accelerated schedule sought #390 . Signed by Magistrate Judge Robert E. Wier on 1/13/2014. (TJZ)cc: COR
January 10, 2014 Filing 400 MOTION to Dismiss by Elizabeth A. Osborn Defendants' December 20, 2013 Counterclaim (Attachments: #1 Memorandum in Support of Motion to Dismiss Defendants' December 20, 2013 Counterclaim, #2 Proposed Order for Motion to Dismiss Defendants' December 20, 2013 Counterclaim)(Lewis, Benjamin)
January 9, 2014 Filing 399 CERTIFICATE of Counsel re #398 Sealed Document Certificate of Service for Sealed Document by Thomas F. Hankinson on behalf of Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC (Hankinson, Thomas)
January 9, 2014 Filing 398 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC (Hankinson, Thomas) Modified to clean up docket text on 2/25/2014 (LST).
January 9, 2014 Filing 397 RESPONSE in Opposition re #392 MOTION for Order by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder to Preclude Disclosure of Confidential Information filed by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC. (Attachments: #1 Exhibit 1, Initial Production of Cynthia Roeder (Filed Under Seal), #2 Exhibit 2, Acceptance of SCO by Janet Means)(Hankinson, Thomas)
January 9, 2014 Filing 396 REPLY BRIEF to #390 , #395 regarding Expert Depositions filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC. (Hankinson, Thomas)
January 9, 2014 ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #390 Expedited Motion for Leave to Depose Experts by January 17, 2014 by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC (TJZ)
January 8, 2014 Filing 395 RESPONSE in Opposition re #390 MOTION for Leave by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC Expedited Motion for Leave to Depose Experts by January 17, 2014 Plaintiffs' Joint Response in Opposition filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Exhibit A - August 28, 2013 Letter of Joseph M. Callow to Magistrate Judge Candace J. Smith, #2 Proposed Order)(Lewis, Benjamin)
January 6, 2014 Opinion or Order Filing 394 ORDER: 1) By Thursday, 1/9/2014 at 1:00 P.M. the parties SHALL submit (not file) brief (max 2 pages) letters outlining their position on the discovery dispute. Counsel shall copy opposing counsel. 2) TELEPHONE CONFERENCE set for 1/13/2014 at 10:30 AM before Magistrate Judge Robert E. Wier. Court will send email with details of call; 3) In advance of the call, parties shall continue to confer in an effort to reach a resolution. 4) Court will provide a court reporter. Signed by Magistrate Judge Robert E. Wier on 1/3/2014.(TJZ)cc: COR
January 6, 2014 MOTIONS REFERRED: #274 MOTION for Attorney Fees by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin Related to Defendants' Motion to Compel Documents Related to Griffin Industries, #323 MOTION for Hearing by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC Requesting a Hearing Regarding Defendants' Motion for Attorney Fees Motions referred to Robert E. Wier. (LST)
January 3, 2014 Opinion or Order Filing 393 ORDER: Any interested party shall file a response to the motion for leave to depose experts #390 on or before 1/8/2014. The motion shall then be submitted. Signed by Magistrate Judge Robert E. Wier on 1/3/2014.(TJZ)cc: COR
January 3, 2014 ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #390 MOTION for Leave by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC Expedited Motion for Leave to Depose Experts by January 17, 2014 (TJZ)
January 2, 2014 Filing 392 MOTION for Order by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder to Preclude Disclosure of Confidential Information Motions referred to Robert E. Wier. (Attachments: #1 Memorandum in Support (Filed Under Seal), #2 Exhibit Ex. A - Cynthia Roeder's Notes (Filed Under Seal), #3 Exhibit Ex. B - Cynthia Roeder's Deposition 10-16-2012 (Filed Under Seal), #4 Exhibit Ex. C - Cynthia Roeder's Deposition 8-9-2013 (Filed Under Seal), #5 Exhibit Ex. D - Janet Means' Deposition (Filed Under Seal), #6 Exhibit Ex. E - Thomas Hankinson's Letter to the Court 12-26-2013 (Filed Under Seal), #7 Proposed Order)(Schultz, Jennifer)
January 2, 2014 Filing 391 SEALED MOTION re #55 Protective Order by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Proposed Order) (Schultz, Jennifer) Modified link on 1/3/2014 (TJZ). Modified to clean up docket text on 2/25/2014 (LST).
January 2, 2014 Filing 390 EXPEDITED MOTION for Leave by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC Expedited Motion for Leave to Depose Experts by January 17, 2014 Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order)(Hankinson, Thomas) Modified text on 1/3/2014 (TJZ).
December 27, 2013 Filing 389 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 12/27/2013 before Magistrate Judge Robert E. Wier: 1) Court finds the Confidentiality Order #55 contains mechanics suitable for resolving the dispute; 2) Court deems the request for a phone conference and the conference itself as adequate notice under paragraph 6 of the Stipulated Confidentiality Order. 3) Court orders Holt plaintffs to file a motion under paragraph 6 of the Confidentiality Order on or before 1/2/2014. If such a motion is filed any interested party may respond on or before 1/9/2014. Holt plaintiffs may reply on or before 1/13/2014. (Court Reporter Peggy Weber.) (TJZ)cc: COR
December 23, 2013 Opinion or Order Filing 388 ORDER; 1)By 12/26/13 at 1:00pm, parties to submit (not file) a two page brief outlining their position on the discovery dispute. These letters to be provided to Chambers. Counsel to copy opposing counsel. Counsel shall submit any relevant portions of filings directly concerning the dispute; 2)Court schedules a TELEPHONE CONFERENCE set for 12/27/2013 at 03:00 PM in COVINGTON before Magistrate Judge Robert E. Wier. Prior to the conference, the Court will send an email message to all counsel of record w/the telephone number, access code, and security code to utilize and counsel must call into the conference and be ready to proceed on the date and at the time designated; 3)In advance of the hcall, parties to continue to confer in an effort to reach an agreed resolution. They shall promptly advise the Court if the call is not needed; 4)The Court will provide a Court Reporter. Signed by Magistrate Judge Robert E. Wier on 12/23/2013.(LST)cc: COR
December 23, 2013 Clerk's Note: re #385 Sealed Document. Verified with counsel's office this date that the body of the last page of sealed document is indeed a blank page. (ECO)
December 20, 2013 Filing 387 DISCLOSURES under Rule 26(a)(2)(B) by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Exhibit A - Gilman, #2 Exhibit B - Medley and Lange (Under Seal)-See #387 Disclosures under Rule 26(a)(2)(B))(Schultz, Jennifer) Modified text on 12/23/2013 (ECO).
December 20, 2013 Filing 386 SEALED DOCUMENT re: #387 Disclosure under Rule 26(a)(2)(B). Sealed pursuant to PROTECTIVE ORDER re #211 Order on Motion for Protective Order, by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Exhibit) (Schultz, Jennifer) Modified text on 12/23/2013 (ECO).
December 20, 2013 Filing 385 SEALED DOCUMENT re #384 Disclosures under Rule 26(a)(2)(B). Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder (Lewis, Benjamin) Modified text on 12/23/2013 (ECO).
December 20, 2013 Filing 384 DISCLOSURES under Rule 26(a)(2)(B) by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Exhibit A - Affidavit and Opinion of Sheldon G. Gilman, Esq., #2 Exhibit B - Expert Witness Report of Diane B. Medley and Victoria E. Lange (filed under seal), #3 Exhibit C - Review Appraisal Report re: Jackson Property, #4 Exhibit D - Review Appraisal Report re: Henderson Property, #5 Exhibit E - Review Appraisal Report re: Jay Gee and Bradford Properties, #6 Exhibit F - Review Appraisal Report re: Adams Property)(Lewis, Benjamin)
December 20, 2013 Filing 383 SEALED DOCUMENT re #382 Notice of Rule 26(a)(2)(B) Disclosures and Filing Verified Expert Reports. Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC (Hankinson, Thomas) Modified text on 12/23/2013 (ECO).
December 20, 2013 Filing 382 NOTICE by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC of Rule 26(a)(2)(B) Disclosures and Filing of Verified Expert Reports (Attachments: #1 Affidavit Placeholder for Verified Expert Report of Rippe (filed under seal), #2 Affidavit Verified Expert Report of Berry, #3 Affidavit Verified Expert Report of Graf)(Hankinson, Thomas) Modified text on 12/23/2013 (ECO).
December 20, 2013 Filing 381 NOTICE by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC of Rule 26(a)(2)(A) & (C) Disclosures (Hankinson, Thomas)
December 20, 2013 Filing 380 SEALED DOCUMENT (Answer to Third Amended Complaint and Counterclaim #373 ). Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin (Attachments: #1 Exhibit) (Hankinson, Thomas) Modified text on 12/23/2013 (ECO).
December 20, 2013 Filing 379 DISCLOSURES - Rule 26(a)(2)(B) - by Keating Muething & Klekamp, PLL. (Attachments: #1 Exhibit Report of Thomas L. Rouse)(Jonson, George)
December 15, 2013 Filing 378 AMENDED NOTICE to Take Deposition of Louis F. Solimine on December 16, 2013 at 1:00 pm by Elizabeth A. Osborn.(Lewis, Benjamin)
December 15, 2013 Filing 377 AMENDED NOTICE to Take Deposition of Thompson Hine LLP on December 16, 2013 at 9:00 am by Elizabeth A. Osborn.(Lewis, Benjamin)
December 13, 2013 Filing 376 NOTICE to Take Deposition of Elizabeth Osborn on December 20, 2013 10:00 a.m. by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC.(Callow, Joseph)
December 10, 2013 Opinion or Order Filing 375 ORDER: The Court GRANTS the Motion of Caitlin E. Murphy to Appear Pro Hac Vice #374 for Defendants, Dennis B. Griffin, John M. Griffin Robert A. Griffin and Martom Properties. Signed by Magistrate Judge Robert E. Wier on 12/10/2013. (TJZ)cc: COR, Caitlin E. Murphy via US Mail w/ECF Mandatory Order and Registration Form. Modified text on 12/17/2013 (TJZ).
December 10, 2013 ***MOTION SUBMITTED TO CHAMBERS of MAGISTRATE WIER for review: re #374 MOTION for Caitlin E. Murphy to Appear Pro Hac Vice by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC (TED)
December 10, 2013 BAR STATUS Check completed as to Caitlin E. Murphy re #374 MOTION for Caitlin E. Murphy to Appear Pro Hac Vice by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC. (TED)
December 9, 2013 Filing 374 MOTION for Caitlin E. Murphy to Appear Pro Hac Vice by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC Motions referred to Robert E. Wier. (Filing fee $95 paid in 13-cv-32; Receipt number 0643-2819149). This motion was incorrectly filed in member case 13-cv-32 and re-filed in this case per QC) (Attachments: #1 Affidavit of Caitlin E. Murphy, #2 Proposed Order)(TED)
December 9, 2013 Filing 373 THIRD AMENDED COMPLAINT against Dennis B. Griffin, John M. Griffin, Robert A. Griffin, filed by Elizabeth A. Osborn. (Attachments: #1 Exhibit 1 - Last Will and Testament, #2 Exhibit 2 - 1967 Trust Agreement, #3 Exhibit 3 - 1974 Cold Spring Property Deed, #4 Exhibit 4 - PVA Valuation re: Cold Spring Property, #5 Exhibit 5 - Special Warranty Deed, #6 Exhibit 6 - Delegation, #7 Exhibit 7 - Quit Claim Deed, #8 Exhibit 8 - Fiduciary Deed, #9 Exhibit 9 - 1968 Jackson Deed, #10 Exhibit 10 - 1986 Jackson Deed, #11 Exhibit 11 - 1995 Jackson Deed, #12 Exhibit 12 - 1968 Henderson Deed, #13 Exhibit 13 - 1986 Henderson Deed, #14 Exhibit 14 - 1995 Henderson Deed, #15 Exhibit 15 - 1968 Bradford Deed, #16 Exhibit 16 - 1986 Bradford Deed, #17 Exhibit 17 - 1995 Bradford Deed, #18 Exhibit 18 - 1978 Jay Gee Deed, #19 Exhibit 19 - 1995 Jay Gee / Adams Deed, #20 Exhibit 20 - 1964 Adams Deed)(Lewis, Benjamin) Modified text on 12/10/2013 (TJZ).
December 9, 2013 Opinion or Order Filing 372 ORDER: Counsel for Defendants advises the parties have reached an agreement, the Court CANCELS the 12/10/2013 phone conference. Signed by Magistrate Judge Robert E. Wier on 12/9/2013.(TJZ)cc: COR
December 9, 2013 Opinion or Order Filing 371 ORDER: The Court GRANTS the request and EXTENDS the time for the parties to submit pre-call letters to today at 2:00 p.m. Signed by Magistrate Judge Robert E. Wier on 12/9/2013.(TJZ)cc: COR
December 6, 2013 Opinion or Order Filing 370 ORDER: Plas counsel contacted Chambers regarding discovery dispute parties have been unable to resolve. Court ORDERS as follows: (1) By December 9, 2013 at 12:00 p.m., parties SHALL submit (not file) brief (maximum two pages) letters outlining position on dispute. These letters be provided to Chambers email. Counsel copy opposing counsel. Counsel additionally submit relevant portions directly concerning dispute. (2) The Court SCHEDULES a telephonic conference, for counsel only, on December 10, 2013 at 11:00 a.m. Prior to conference, Court will send email message to COR with telephone number, access code, and security code, and counsel must call and be ready to proceed. (3) Parties shall continue to confer in effort to reach agreed resolution. (4) Court will provide a court reporter. Signed by Magistrate Judge Robert E. Wier. (TDA) cc: COR & Lexington Clerk
December 6, 2013 Filing 369 NOTICE to Take Deposition of Beverly Storm on 12/10/13 at 4:30PM by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Exhibit Subpoena)(Schultz, Jennifer)
December 6, 2013 Filing 368 NOTICE to Take Deposition of Mark Arnzen on 12/10/13 at 3:00PM by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Exhibit Subpoena)(Schultz, Jennifer)
December 5, 2013 Filing 367 NOTICE to Take Deposition of Dewey McDougal on Thursday, December 12, 2013 at 3:00pm Eastern (2:00pm Central) by Elizabeth A. Osborn. (Attachments: #1 Subpoena)(Jakubowicz, Janet)
December 5, 2013 Opinion or Order Filing 366 ORDER: Parties advised the Court that they have resolved the dispute, The Court CANCELS the 12/6/2013 phone conference. Signed by Magistrate Judge Robert E. Wier on 12/5/2013.(TJZ)cc: COR
December 2, 2013 Opinion or Order Filing 365 ORDER: The Court DENIES WITHOUT PREJUDICE the motion for protective order #360 . In order to address the deposition dispute the Court ORDERS: 1) By Thursday, 12/5/2013 at 12:00 noon , the parties SHALL submit (not file) brief (maximum 2 pages) letters outlining their position on the discovery dispute. These letters may be in PDF, DOC, WPD, or TXT format and should be provided to chambers by email. Counsel shall copy opposing counsel. Counsel shall additionally submit any relevant portions of filings directly concerning the dispute. 2) The Court SCHEDULES a telephone conference, counsel only, on Friday, 12/6/2013 at 3:00 p.m. Court will notify counsel with call-in information. 3) In advance of the call, parties shall continue to confer in an effort to reach an agreed resolution. 4) The Court will provide a court reporter. Signed by Magistrate Judge Robert E. Wier on 12/2/2013.(TJZ)cc: COR Modified text on 12/3/2013 (TJZ).
December 2, 2013 Filing 364 AMENDED NOTICE to Take Deposition of Roger Means on 12/4/13 at 2:00PM (CST) by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder.(Schultz, Jennifer)
December 2, 2013 Filing 363 AMENDED NOTICE to Take Deposition of Janet Means on 12/4/13 at 8:30AM (CST) by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder.(Schultz, Jennifer)
December 2, 2013 Filing 362 AMENDED NOTICE to Take Deposition of Corporate Representative of Darling International, Inc. on Friday, December 13, 2013 at 11:00am EST by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Schedule A, #2 Addendum to Schedule A)(Jakubowicz, Janet)
December 2, 2013 ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #360 MOTION for Protective Order by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder for the Deposition of Linda Holt (TJZ)
November 27, 2013 Filing 361 SEALED DOCUMENT as to #360 Sealed pursuant to LEAVE OF COURT re #55 Protective Order, by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Proposed Order) (Schultz, Jennifer) Modified text on 12/2/2013 (TJZ). Modified to clean up docket text on 2/25/2014 (LST).
November 27, 2013 Filing 360 MOTION for Protective Order by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder for the Deposition of Linda Holt Motions referred to Robert E. Wier. (Attachments: #1 Memorandum in Support Memorandum in Support of Motion for Protective Order Filed Under Seal, #2 Exhibit A - Email dated 10/28/13 Filed Under Seal, #3 Exhibit B- DBL ltr dated 11/21/13 Filed Under Seal, #4 Exhibit C - Deposition Transcript 9/4/13 Filed Under Seal, #5 Exhibit D - Deposition Transcript 9/5/13 Filed Under Seal, #6 Proposed Order)(Schultz, Jennifer)
November 27, 2013 Opinion or Order Filing 359 MINUTE ENTRY ORDER FOR MOTION HEARING before Judge William O. Bertelsman held on 11/25/2013: 1) These cases are CONSOLIDATED FOR ALL PURPOSES, INCLUDING TRIAL. All future filings shall be made in the lead case only (2:11cv89); 2) If Betsy Osborn wishes to amend her complaint to include the federal RICO claim asserted by the Holt ptffs, she shall do so within 10 days of entry of this order; 3) Defs' objections to the Magistrate Judge's 11/19/2013 Order Regarding the Common Interest Doctrine #356 are DENIED WITHOUT PREJUDICE as being imapplicable to the present issues; 4) Plaintiff Betsy Osborn's motion to compel #311 is GRANTED IN PART, consistent with this Order; 5) Defs' motions to stay [350, 353] are GRANTED, consistent with this Order; 6) Defs shall take the following steps. Before submitting a document for in camera review, counsel shall consider whether any exceptions discussed herein applies to document. If exception applies, document shall be produced to requesting party. If in good faith, counsel determines that no exception applies, then and only then may an in camera review be requested. All productions under this Order, whether to the requesting party or to the Clerk's office, shall be completed within 7 days of entry of this Order. Counsel are reminded of the provisions of FedR.Civ.P. 11 and 37 and 28 USC 1927 in making the above determinations. 7) Any privilege-based objections during depos are subject to the rulings in this Order; 8) Defs' compliance with this Order does not waive its objections for purposes of any appeal. (Court Reporter Joan Averdick.)Signed by Judge William O. Bertelsman on 11/27/2013. (TJZ)cc: COR
November 27, 2013 Opinion or Order Filing 358 ORDER OF RECUSAL. Magistrate Judge J. Gregory Wehrman recused. Case reassigned to Magistrate Judge Robert E. Wier in accordance with the general order of this Court. Signed by Magistrate Judge J. Gregory Wehrman on 11/27/2013.(TJZ)cc: COR
November 27, 2013 Clerk's Note (entered per Magistrate Judge Smith): Per General Order 10-14 and in light of Magistrate Judge Smith's Order recusing #357 , this matter is assigned to Magistrate Judge J. Gregory Wehrman.(TJZ)
November 26, 2013 Opinion or Order Filing 357 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 11/26/2013 before Magistrate Judge Candace J. Smith: For reasons explained on the record, the undersigned Magistrate Judge recuses from further proceedings in these consolidated cases, pursuant to 28 USC 455(b). (Court Reporter Joan Averdick.)Signed by Magistrate Judge Candace J. Smith on 11/26/2013. (TJZ)cc: COR
November 24, 2013 Filing 356 OBJECTIONS to #345 The Magistrate Judge's November 19 Order filed by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Griffin Industries, LLC. (Hankinson, Thomas)
November 22, 2013 Opinion or Order Filing 355 ORDER: Defs' Expedited Motion for Leave to File Sur-Reply and/or Oral Argument #351 is denied in part and granted in part. Defs' request to file a Sur-Reply is denied, but Defs' request for Oral Argument is granted. Oral argument on Ptffs' Expedited Motion to Compel #311 , which Motion has been joined in by Holt Ptffs shall also be heard by District Judge Bertelsman on 11/25/2013 at 1:00 p.m. in conjunction with his hearing on the Objection to the 11/19/2013 Memorandum Order. Signed by Magistrate Judge Candace J. Smith on 11/22/2013.(TJZ)cc: COR
November 22, 2013 Opinion or Order Filing 354 ORDER: A hearing on defendants' motions to stay [350, 353] is SET FOR MONDAY, 11/25/2013 at 1:00 p.m. before Judge William O. Bertelsman.Signed by Judge William O. Bertelsman on 11/22/2013.(TJZ)cc: COR
November 22, 2013 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #353 EXPEDITED MOTION to Stay by Keating Muething Klekamp and #350 EXPEDITED MOTION to Stay by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Griffin Industries. (TJZ)
November 22, 2013 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #351 EXPEDITED MOTION for Leave to File Sur-Reply by Dennis B. Griffin, John M. Griffin, Robert A. Griffin and MOTION for oral argument. (TJZ)
November 21, 2013 Filing 353 EXPEDITED MOTION to Stay Magistrate Judge's 11/19/2013 Order #345 re Motion to Compel by Keating Muething & Klekamp, PLL. (Attachments: #1 Proposed Order - Text of Proposed Order)(Jonson, George) Modified text on 11/22/2013 (TJZ).
November 21, 2013 Filing 352 AMENDED NOTICE to Take Deposition of Linda Holt on December 11, 2013 at 9:00 AM by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC.(Hankinson, Thomas)
November 21, 2013 Filing 351 EXPEDITED MOTION for Leave to File Sur-Reply in Opposition to Plaintiff's Expedited Motion to Compel #311 by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, and EXPEDITED MOTION FOR ORAL ARGUMENT Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order Granting Sur-Reply and Oral Argument)(Hankinson, Thomas) Modified text on 11/22/2013 (TJZ).
November 21, 2013 Filing 350 EXPEDITED MOTION TO STAY MAGISTRATE JUDGE'S 11/19/2013 ORDER #345 on Motion to Compel by Dennis Griffin, John M. Griffin, Robert A. Griffin, Griffin Industries. (Attachments: #1 Proposed Order Granting Motion)(Hankinson, Thomas) Modified text on 11/22/2013 (TJZ).
November 21, 2013 Filing 349 AMENDED NOTICE to Take Deposition of Corporate Representative of Darling International, Inc. on Tuesday, December 3, 2013 at 9:00 am by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Schedule A to NTTD of Corp Rep of Darling, #2 Addendum to Schedule A to NTTD of Corp Rep of Darling)(Jakubowicz, Janet)
November 20, 2013 Opinion or Order Filing 348 VIRTUAL ORDER: granting #344 Motion for Leave to Exceed Page Limit for her Combined Reply in Support of her Expedited Motion to Compel. Signed by Magistrate Judge Candace J. Smith on 11/20/2013. (TJZ)cc: COR
November 20, 2013 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #311 MOTION to Compel by Elizabeth A. Osborn (TJZ)
November 19, 2013 Filing 347 SEALED DOCUMENT as to #346 Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order by Elizabeth A. Osborn (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit 8, #6 Exhibit) (Lewis, Benjamin) Modified to add link on 11/20/2013 (TJZ). Modified to clean up docket text on 2/25/2014 (LST).
November 19, 2013 Filing 346 REPLY to #311 Expedited Motion to Compel Production of Documents from Defendants and Their Counsel filed by Elizabeth A. Osborn. (Attachments: #1 Exhibit 1 - Elizabeth Osborn Depo Excerpts, #2 Exhibit 2 - Neubauer Letters, #3 Exhibit 3 - John M. Griffin Depo Excerpts (filed under seal), #4 Exhibit 4 - Steve Blair Depo Excerpts (filed under seal), #5 Exhibit 5 - Robert Griffin Depo Excerpts (filed under seal), #6 Exhibit 6 - Dennis Griffin Depo Excerpts (filed under seal), #7 Exhibit 7 - Cold Spring Construction Invoices (filed under seal), #8 Exhibit 8 - Martin Griffin Depo Excerpts (filed under seal), #9 Exhibit 9 - Thomas Griffin Depo Excerpts (filed under seal), #10 Exhibit 10 - 1995 Craig Protein Stock Purchase Agreement, #11 Exhibit 11 - 11/23/10 Lou Solimine E-mail, #12 Exhibit 12 - Expired Cold Spring Purchase Agreement, #13 Exhibit 13 - Correspondence re: substitution of John L. Griffin, Trustee as Purchaser of the Cold Spring Property, #14 Exhibit 14 - Purchase Money from John L. Griffin's law firm for Cold Spring Property purchase, #15 Exhibit 15 - 2009 Property tax bill for the Cold Spring Property, #16 Exhibit 16 - Fort Knox v. Fugitte Order applying Garner exception in Kentucky)(Lewis, Benjamin)
November 19, 2013 Opinion or Order Filing 345 MEMORANDUM ORDER: It is ordered that the Motion of Plaintiff Osborn to compel documents and communications from Defendants, Griffin Industries, LLC and Keating Muething & Klekamp PLL #183 is hereby granted in part to the extent that the documents being withheld on the basis of the common interest doctrine shall be produced within seven (7) days and Plaintiff's request for testimonial evidence regarding these communications may be had, the Motion is hereby denied in part to the extent Plaintiff Osborn seeks an award of attorneys fees in bringing this Motion.. Signed by Magistrate Judge Candace J. Smith on 11/19/2013. (TED)cc: COR
November 19, 2013 Filing 344 MOTION for Leave to File Excess Pages by Elizabeth A. Osborn Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Lewis, Benjamin)
November 18, 2013 Opinion or Order Filing 343 ORDER: Defs shall have 7 days from the date of this Order, same being not later than 11/25/2013 to file a Response to the Holt plaintiffs' construed Expedited Motion to Compel [128 in No. 13-32]. Holt Plaintiffs shall have 7 days from the filing of Response to file any Reply. Signed by Magistrate Judge Candace J. Smith on 11/18/2013.(TJZ)cc: COR
November 18, 2013 ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: [341,342] RESPONSE BRIEF to Order #335 (TJZ)
November 15, 2013 Filing 342 RESPONSE BRIEF to #335 , #183 Supplemental Brief Regarding the "Common Interest" Doctrine filed by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Griffin Industries, LLC. (Attachments: #1 Appendix A, Advisory Committee's Notes)(Hankinson, Thomas)
November 15, 2013 Filing 341 RESPONSE to #335 November 8, 2013 Order For Additional Briefing On "Common Interest" Privilege Claims filed by Elizabeth A. Osborn. (Attachments: #1 Exhibit A - October 31, 2013 e-mail from Counsel for Fidelity National Title)(Lewis, Benjamin)
November 15, 2013 Filing 340 REPLY BRIEF to #334 , #323 in Support of a Hearing Regarding Defendants' Motion for Attorney Fees filed by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin. (Hankinson, Thomas)
November 15, 2013 Filing 339 RESPONSE in Opposition re #311 MOTION to Compel by Elizabeth A. Osborn - Supplemental - filed by Keating Muething & Klekamp, PLL. (Jonson, George)
November 13, 2013 Opinion or Order Filing 338 AGREED ORDER: Plaintiff Osborn shall have to and including 11/19/2013 to file a Reply in Support of Her Expedited Motion to Compel #311 . Signed by Magistrate Judge Candace J. Smith on 11/13/2013.(TJZ)cc: COR
November 13, 2013 Opinion or Order Filing 337 VIRTUAL ORDER: denying without prejudice #332 Motion by Defendant Keating Muething & Klekamp to seal its Memorandum in Support, the motion failing to articulate what portion of Def's Memorandum should be sealed and the basis for sealing it. Signed by Magistrate Judge Candace J. Smith on 11/13/2013. (TJZ)cc: COR
November 13, 2013 ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #336 Proposed Agreed Order/Stipulation to file a Reply in Support of Plaintiff's Expedited Motion To Compel (TJZ)
November 12, 2013 Filing 336 Proposed Agreed Order/Stipulation to file a Reply in Support of Plaintiff's Expedited Motion To Compel [Dkt. No. 311] by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Elizabeth A. Osborn. (Montell, Natalie)
November 8, 2013 Opinion or Order Filing 335 ORDER: The parties to the pending Motion to Compel #183 shall simultaneously supplement their briefing by a filing due on or before 11/15 and limited to 5 pages, on whether Ky law applies to address the issue of common interest raised in this pending Motion. Signed by Magistrate Judge Candace J. Smith on 11/8/2013.(TJZ)cc: COR
November 8, 2013 Filing 334 RESPONSE in Opposition re #323 MOTION for Hearing by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC Requesting a Hearing Regarding Defendants' Motion for Attorney Fees filed by Elizabeth A. Osborn. (Attachments: #1 Proposed Order Proposed Order)(Lewis, Benjamin)
November 8, 2013 Filing 333 JOINT NOTICE to Take Deposition of Corporate Representative of Darling International on Thursday, November 21, 2013 at 9:00 am by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Subpoena issued to Darling, #2 Schedule A to Subpoena issued to Darling, #3 Addendum to Schedule A to Subpoena issued to Darling)(Jakubowicz, Janet)
November 5, 2013 Filing 332 MOTION to Seal by Keating Muething & Klekamp, PLL Motion to Seal Memorandum in Support of Response In Opposition [328-1] Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Jonson, George) Modified text on 11/6/2013 (TJZ).
November 5, 2013 Filing 331 SEALED DOCUMENT re #329 RESPONSE, Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, ) (Hankinson, Thomas) Modified to clean up docket text on 2/25/2014 (LST).
November 5, 2013 Filing 330 JOINT NOTICE to Take Deposition of Corporate Representative of Thompson Hine, LLP on Monday, December 16, 2013 at 9:00 am by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Subpoena to Corporate Rep of Thompson Hine, #2 Schedule A to Subpoena)(Jakubowicz, Janet)
November 5, 2013 Filing 329 RESPONSE in Opposition re #311 MOTION to Compel by Elizabeth A. Osborn Seeking Privileged Documents of Defendants filed by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin. (Attachments: #1 Exhibit 1, Appraisal for Jackson Property (filed under seal), #2 Exhibit 2, Appraisal for Henderson Property (filed under seal), #3 Exhibit 3, Appraisal for Bradford Property (filed under seal), #4 Exhibit 4, Appraisal for Jay Gee Property (filed under seal), #5 Exhibit 5, Appraisal for Adams Property (filed under seal), #6 Exhibit 6, Martom Offer Letter (filed under seal), #7 Exhibit 7, Martom Check to Trust, #8 Exhibit 8, Martom Check to Estate, #9 Exhibit 9, Letter from Stephen Laber, of Arnzen, Parry & Wentz, enclosing Martom deeds, #10 Exhibit 10, Excerpts of Deposition of Steve Blair, #11 Exhibit 11, Cover Letter and Estate/Trust Disclosure Spreadsheet from Non-Party Sister Janet Means, #12 Exhibit 12, Fax From Steve Blair To Thompson Hine Attaching Estate/Trust Disclosure Spreadsheet, #13 Exhibit 13, Estate/Trust Disclosure Spreadsheet produced by Plaintiff Judith Prewitt, #14 Exhibit 14, Partial Estate/Trust Disclosure Spreadsheet produced by Plaintiff Cynthia Roeder, #15 Exhibit 15, Checks and letters from Estate/Trust to Plaintiff Elizabeth Osborn (filed under seal), #16 Exhibit 16, Option to Purchase Craig Protein Stock (filed under seal), #17 Exhibit 17, Probate Inventory and Appraisement, #18 Exhibit 18, Craig Protein Appraisal Report (filed under seal), #19 Exhibit 19, Probate Partial Settlement, #20 Exhibit 20, Cold Spring Purchase Contract, #21 Exhibit 21, Dec. 28, 1973 Letter from Meranus to Cold Spring Sellers, #22 Exhibit 22, Cold Spring Purchase Price Check, #23 Exhibit 23, October 18, 1974 Board Minutes (filed under seal), #24 Exhibit 24, Excerpts from 1985 Griffin Industries Appraisal Information (filed under seal), #25 Exhibit 25, 50th Anniversary Open House "Scripts" File, #26 Exhibit 26, Aug. 15, 2013 Letter from Hankinson to Jakubowicz, #27 Exhibit 27, Account Statement and Deposit Slip showing $665,000 (filed under seal), #28 Exhibit 28, March 28, 1973 Board minutes (filed under seal), #29 Exhibit 29, Nov. 19, 1973 Board minutes (filed under seal), #30 Exhibit 30, March 13, 1974 Board minutes (filed under seal), #31 Exhibit 31, July 11, 1974 Board minutes (filed under seal), #32 Exhibit 32, Oct. 18, 1974 Board minutes (filed under seal), #33 Exhibit 33, KMK production, #34 Exhibit 34, Excerpts of Deposition of John M. Griffin, #35 Exhibit 35, Excerpts of Deposition of Dennis Griffin, #36 Exhibit 36, Excerpts of Deposition of Robert Griffin, #37 Exhibit 37, Neubauer Correspondence, #38 Exhibit 38, Osborn 1990 Lawsuit Settlement Agreement (filed under seal), #39 Exhibit 39, Email correspondence with Attorney Wunderlich, #40 Exhibit 40, Osborns Initial Privilege Log, #41 Exhibit 41, Osborns Privilege Log for Documents from Taft Firm)(Hankinson, Thomas)
November 5, 2013 Filing 328 RESPONSE in Opposition re #311 MOTION to Compel by Elizabeth A. Osborn the Production of Documents From Defendants and Their Counsel filed by Keating Muething & Klekamp, PLL. (Attachments: #1 Memorandum in Support)(Jonson, George)
November 5, 2013 Opinion or Order Filing 327 VIRTUAL ORDER: granting #324 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Candace J. Smith on 11/5/2013. (TJZ)cc: COR
November 5, 2013 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #324 EXPEDITED MOTION for Leave to File Excess Pages by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC (TJZ)
November 4, 2013 Filing 326 AMENDED NOTICE to Take Deposition of Corporate Representative of Griffin Industries, LLC on Tuesday, December 17, 2013 at 9:00 am by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Subpoena to Griffin Industries, #2 Schedule A to Subpoena to Griffin Industries)(Jakubowicz, Janet)
November 4, 2013 Filing 325 AMENDED NOTICE to Take Deposition of Louis F. Solomine on Monday, December 16, 2013 at 1:00 pm by Elizabeth A. Osborn. (Attachments: #1 Subpoena to Solomine)(Jakubowicz, Janet)
November 4, 2013 Filing 324 EXPEDITED MOTION for Leave to File Excess Pages AND MEMORANDUM IN SUPPORT by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC Expedited Motion for Leave To Exceed Page Limit Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order Granting Leave to File Excess Pages)(Hankinson, Thomas) Modified text on 11/5/2013 (TJZ).
October 28, 2013 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #274 MOTION for Attorney Fees by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, #323 MOTION for Hearing by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC Requesting a Hearing Regarding Defendants' Motion for Attorney Fees (TJZ)
October 25, 2013 Filing 323 MOTION for Hearing by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC Requesting a Hearing Regarding Defendants' Motion for Attorney Fees Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order Granting a Hearing Regarding Defendants' Motion For Attorney Fees)(Hankinson, Thomas)
October 25, 2013 Filing 322 REPLY BRIEF to #306 , #274 In Support of Defendants' Motion for Attorney Fees filed by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC. (Hankinson, Thomas)
October 25, 2013 Opinion or Order Filing 321 AGREED ORDER: John Griffin, Dennis Griffin & KMK shall have until 11/5/2013 to file a response to Ptff Osborn's Motion to Compel #311 . Ptff Osborn shall have 7 days thereafter to file a reply. Signed by Magistrate Judge Candace J. Smith on 10/25/2013.(TJZ)cc: COR
October 25, 2013 Opinion or Order Filing 320 VIRTUAL ORDER: granting #315 Plaintiff's Motion to Substitute Exhibit F to Plaintiff Osborn's Expedited Motion to Compel. Clerk shall substitute attached Exhibit 1 to Plaintiff's Motion to Substitute [315-1] for Exhibit F to Plaintiff's Expedited Motion to Compel #311 . Signed by Magistrate Judge Candace J. Smith on 10/25/2013. (TJZ)cc: COR
October 25, 2013 Opinion or Order Filing 319 AGREED ORDER: Plaintiff Elizabeth Osborn & Griffin Industries shall have until 10/24/2013 to file Joint Status Report. Signed by Magistrate Judge Candace J. Smith on 10/24/2013.(TJZ)cc: COR
October 24, 2013 Filing 318 JOINT NOTICE to Take Deposition of Corporate Representative of Darling International on Thursday, November 21, 2013 at 9:00 a.m. by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Subpoena to Darling International, #2 Schedule A to Darling International Subpoena)(Jakubowicz, Janet)
October 24, 2013 Filing 317 JOINT STATUS REPORT Regarding Conference And Plan For ESI by Griffin Industries, LLC, Elizabeth A. Osborn. (Hankinson, Thomas)
October 24, 2013 ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #316 Proposed Agreed Order/Stipulation Extending Time to Respond and Reply to the Motion at Docket Number 311 by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Keating Muething & Klekamp, PLL, Elizabeth A. Osborn (TJZ)
October 23, 2013 Filing 316 Proposed Agreed Order/Stipulation Extending Time to Respond and Reply to the Motion at Docket Number 311 by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Keating Muething & Klekamp, PLL, Elizabeth A. Osborn. (Hankinson, Thomas)
October 23, 2013 Filing 315 MOTION for Leave to File by Elizabeth A. Osborn to Substitute Exhibit to Plaintiff's Expedited Motion to Compel Motions referred to Candace J. Smith. (Attachments: #1 Exhibit 1 - correct Exhibit F, #2 Proposed Order)(Montell, Natalie)
October 23, 2013 ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #313 Proposed Agreed Order/Stipulation Extending Time To Submit Joint Report Regarding ESI of Griffin Industries by Griffin Industries, LLC, Elizabeth A. Osborn (TJZ)
October 22, 2013 Opinion or Order Filing 314 ORDER: Defs shall have 7 days from the date of this Order, not later than 10/29/2013 in which to file any Response to Ptff's Expedited Motion to Compel #311 . Ptff Osborn shall file any reply within 7 days after filing of Response. Signed by Magistrate Judge Candace J. Smith on 10/22/2013.(TJZ)cc: COR
October 22, 2013 Filing 313 Proposed Agreed Order/Stipulation Extending Time To Submit Joint Report Regarding ESI of Griffin Industries by Griffin Industries, LLC, Elizabeth A. Osborn. (Hankinson, Thomas)
October 22, 2013 Clerk's Note: re #312 Sealed Document. Notice of Deficiency sent to counsel in error and deleted. Counsel confirmed that #312 is a Sealed Document, not a Motion. Exhibits are attachments to #311 Expedited Motion to Compel. (TJZ)
October 22, 2013 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #311 EXPEDITED MOTION to Compel by Elizabeth A. Osborn (TJZ)
October 21, 2013 Filing 312 SEALED DOCUMENT re #311 Sealed pursuant to PROTECTIVE ORDER re #211 Order by Elizabeth A. Osborn (Attachments: #1 Memorandum in Support Memorandum in Support, #2 Exhibit , #3 Exhibit, #4 Exhibit) (Jakubowicz, Janet) Modified text on 10/22/2013 (TJZ). Modified to clean up docket text on 2/24/2014 (LST).
October 21, 2013 Filing 311 EXPEDITED MOTION to Compel Production of Documents from Defendants and Counsel by Elizabeth A. Osborn Motions referred to Candace J. Smith. (Attachments: #1 Memorandum in Support Memorandum in Support of Expedited Motion to Compel Defendants Filed Under Seal, #2 Exhibit Exhibit A - Jan. 31, 2012 Discovery Requests to Defendants, #3 Exhibit Exhibit B - Feb. 3, 2012 Discovery Requests to Defendants, #4 Exhibit Exhibit C - Defendants Privilege Log, #5 Exhibit Exhibit D - Robert Bathalter Privilege Log, #6 Exhibit Exhibit E - Thompson Hine Privilege Log, #7 INCORRECT Exhibit Exhibit F - KMK Privilege Log, #8 Exhibit Exhibit G - John M. Griffin Oct. 3, 2012 Deposition, #9 Exhibit Exhibit H - Dennis Griffin Oct. 4, 2013 Deposition Filed Under Seal, #10 Exhibit Exhibit I - Robert Griffin Oct. 4, 2012 Deposition, #11 Exhibit Exhibit J - Thomas Griffin July 31, 2013 Deposition Filed Under Seal, #12 Exhibit Exhibit K - Trust Financial Statement Filed Under Seal, #13 Proposed Order Proposed Order Granting Plaintiff's Expedited Motion to Compel)(Jakubowicz, Janet) Modified text on 10/22/2013 (TJZ). Modified text on 10/25/2013 (TJZ). (Additional attachment(s) added on 10/25/2013: #14 CORRECT Ex F - KMK Privilege Log) (TJZ).
October 21, 2013 Opinion or Order Filing 310 AGREED ORDER: Plaintiff Elizabeth Osborn and Griffen Industries shall have until 10/22/2013 to file Joint Status Report re electronically stored information. Signed by Magistrate Judge Candace J. Smith on 10/21/2013.(TJZ)cc: COR
October 18, 2013 Filing 309 Proposed Agreed Order/Stipulation for Extension of Time to file Joint Status Report re ESI by Elizabeth A. Osborn. (Lewis, Benjamin)
October 17, 2013 Filing 308 JOINT NOTICE to Take Deposition of Corporate Representative of Griffin Industries, Inc. on Friday, November 8, 2013 at 9:00am by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Schedule A)(Jakubowicz, Janet)
October 17, 2013 Opinion or Order Filing 307 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 10/15/2013 before Magistrate Judge Candace J. Smith: Construed oral motion for extension of time to file Joint Status Report is granted. Osborn and Griffin Industries have until 10/18/2013 to file joint status report. Signed by Magistrate Judge Candace J. Smith on 10/16/2013. (TJZ)cc: COR
October 15, 2013 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #274 MOTION for Attorney Fees by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin Related to Defendants' Motion to Compel Documents Related to Griffin Industries (TJZ)
October 11, 2013 Filing 306 RESPONSE to Motion re #274 MOTION for Attorney Fees by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin Related to Defendants' Motion to Compel Documents Related to Griffin Industries filed by Elizabeth A. Osborn. (Attachments: #1 Proposed Order, #2 Exhibit A - 7/23/13 E-mail from Hankinson, #3 Exhibit B - 7/16/13 E-mail from Jakubowicz, #4 Exhibit C - 8/20/13 Letter from Jakubowicz)(Jakubowicz, Janet)
October 7, 2013 Opinion or Order Filing 305 AGREED ORDER: Plaintiff shall have to and including 10/11/2013 to file a response to Defs' Motion for Atty Fees #274 . Signed by Magistrate Judge Candace J. Smith on 10/7/2013.(TJZ)cc: COR
October 4, 2013 Filing 304 NOTICE by Griffin Industries, LLC of Compliance with the Court's September 20, 2013 Order #283 (Attachments: #1 Appendix A, Griffin Industries LLC's Privilege Log re Common Interest Doctrine)(Hankinson, Thomas) Modified text on 10/7/2013 (TJZ).
October 4, 2013 **FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #303 Proposed Agreed Order/Stipulation for extension of time for Plaintiff to Respond to Defendants' Motion for Attorneys' Fees by Elizabeth A. Osborn (TJZ) Modified text on 10/4/2013 (TJZ).
October 3, 2013 Filing 303 Proposed Agreed Order/Stipulation for extension of time for Plaintiff to Respond to Defendants' Motion for Attorneys' Fees by Elizabeth A. Osborn. (Lewis, Benjamin)
October 2, 2013 Filing 302 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 10/2/2013 before Magistrate Judge Candace J. Smith: Mr. Griffin's depo will begin on 10/4/2013 at 1:00 p.m. and conclude on 10/14/2013 with no day lasting more than 4 hours. Counsel will continue discussions in an attempt to accommodate Mr. Wicker's request for an earlier start time on 10/14/2013. (Tape #20131002-145714.) (TJZ)cc: COR
October 2, 2013 Filing 301 AMENDED NOTICE to Take Deposition of Dennis B. Griffin on October 4, 2013 at 1:00 pm and October 14, 2013 at 1:00 pm by Elizabeth A. Osborn.(Jakubowicz, Janet)
October 2, 2013 Filing 300 NOTICE by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin of Deposition of Dennis B. Griffin (Hankinson, Thomas)
September 30, 2013 Filing 299 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 9/30/2013 before Magistrate Judge Candace J. Smith: Court suggested that the depo of Dennis Griffin occur on 10/4 and 10/14. Defense counsel to confer w/Mr. Griffin. Counsel expected to conduct themselves in a professional manner. (Tape #20130930_125616.) (TJZ)cc: COR Modified file date on 10/1/2013 (TJZ).
September 30, 2013 Opinion or Order Filing 298 ORDER: Motion of Plaintiff Osborn for an Order Compelling Discovery from Martin Griffin and Thomas Griffin #214 is denied as moot, and her request for sanctions is denied. Signed by Magistrate Judge Candace J. Smith on 9/27/2013. (TJZ)cc: COR
September 27, 2013 Filing 297 NOTICE by Griffin Industries, LLC of Compliance with September 20, 2013 Order (Attachments: #1 Exhibit 1, First Supplemental Privilege Log)(Hankinson, Thomas)
September 27, 2013 Opinion or Order Filing 296 ORDER: Plaintiffs' Motions for Leave to Take More Than Ten Depositions #265 is granted, consistent with this Order. Signed by Magistrate Judge Candace J. Smith on 9/27/2013. (TJZ)cc: COR
September 27, 2013 Filing 295 NOTICE to Take Deposition of Dennis Griffin on October 3, 2013 at 10:00am and October 4, 2013 at 10:00 by Elizabeth A. Osborn.(Jakubowicz, Janet)
September 27, 2013 Filing 294 NOTICE by Keating Muething & Klekamp, PLL re #283 Order, Set Deadlines,, Notice of Compliance (Attachments: #1 Appendix KMK's Third Supplemental Privilege Log)(Jonson, George)
September 26, 2013 Opinion or Order Filing 293 ORDER: Dennis Griffin's objections to the Magistrate Judge's 8/27/2013 order #269 are OVERRULED. Signed by Judge William O. Bertelsman on 9/26/2013.(TJZ)cc: COR
September 26, 2013 Opinion or Order Filing 292 MEMORANDUM ORDER: Def's Motion to Compel Production of Documents Related to Griffin Industries directed to Plaintiff Osborn #194 is granted in part consistent with this Memorandum Order. Plaintiff Osborn shall produce or provide a privilege log for all responsive documents to Document Request 14 and any relevant responsive documents not previously produced to Document Request 13 within 14 days. Signed by Magistrate Judge Candace J. Smith on 9/25/2013. (TJZ)cc: COR
September 26, 2013 Opinion or Order Filing 291 VIRTUAL ORDER: denying as moot #263 Motion of Plaintiff Elizabeth Osborn to Compel Production of Documents from the Griffin Family Trust and for Sanctions, given the Notification of Compliance filed by the Griffin Family Trust #282 and the Status Report filed by Plaintiff Osborn #289 that she has no further discovery dispute with the Griffin Family Trust in light of her receipt of the Trust's compliance with her subpoena duces tecum. Signed by Magistrate Judge Candace J. Smith on 9/25/2013. (TJZ)cc: COR
September 26, 2013 Opinion or Order Filing 290 VIRTUAL ORDER: denying as moot #261 Motion of Third Party, Griffin Family Trust, for Protective Order, given the Notification of Compliance filed by Griffin Family Trust #282 and the Status Report filed by Plaintiff Osborn #289 that she has no further discovery dispute with the Griffin Family Trust in light of her receipt of the Trust's compliance with her subpoena duces tecum. Signed by Magistrate Judge Candace J. Smith on 9/25/2013. (TJZ)cc: COR
September 25, 2013 Filing 289 STATUS REPORT regarding dispute between Plaintiff and non-party Griffin Family Trust by Elizabeth A. Osborn. (Jakubowicz, Janet)
September 25, 2013 Opinion or Order Filing 288 ORDER: The objections filed by non-party Griffin Industries #273 to the Magistrate Judge's Order dated 9/3/2013 #253 are OVERRULED . Signed by Judge William O. Bertelsman on 9/25/2013.(TJZ)cc: COR
September 24, 2013 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #265 MOTION for Leave by Elizabeth A. Osborn to Take in Excess of Ten Depositions (TJZ)
September 23, 2013 Filing 287 REPLY to Response to Motion re #265 MOTION for Leave by Elizabeth A. Osborn to Take in Excess of Ten Depositions filed by Elizabeth A. Osborn. (Montell, Natalie)
September 23, 2013 Opinion or Order Filing 286 ORDER: Plaintiff Osborn shall file a status report setting forth what, if any, dispute remains between her and non-party GFT by close of business on Wed. 9/25/2013. Signed by Magistrate Judge Candace J. Smith on 9/23/2013.(TJZ)cc: COR
September 23, 2013 ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #273 Objections to Mag Judge Order, #284 Response to Objections to Mag Judge Order. (TJZ)
September 20, 2013 Filing 285 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #284 RESPONSE,, #55 Protective Order, by Elizabeth A. Osborn (Lewis, Benjamin) Modified to clean up docket text on 2/24/2014 (LST).
September 20, 2013 Filing 284 RESPONSE to #273 Griffin Industries' Objections to the Magistrate Judge's September 3, 2013 Order filed by Elizabeth A. Osborn. (Attachments: #1 Exhibit A - Letter from George A. Kaufmann, #2 Exhibit B - Letter from George J. Kaufmann, #3 Exhibit C - Enclosure letter and check, #4 Exhibit D - Filed Under Seal - Closing Statement, #5 Exhibit E - Easements, #6 Exhibit F - 11/23/10 Email from Louis Sollimine, #7 Exhibit G - 8/27/13 Letter from Thomas Hankinson, #8 Exhibit H - 12/17/1993 Board Minutes, #9 Proposed Order Proposed Order)(Lewis, Benjamin)
September 20, 2013 Opinion or Order Filing 283 ORDER: Having review Motion to Compel #183 , 1) Griffin Industries shall a) file w/in 7 days a supplement to the privilege log; b) provide a privilege log w/in 14 days for any responsive communications; c) submit exparte and in camera w/in 7 days . 2) KMK shall file w/in 7 days a supplement to its privilege log [195-2]. Signed by Magistrate Judge Candace J. Smith on 9/19/2013.(TJZ)cc: COR
September 20, 2013 Filing 282 NOTICE by Griffin Family Trust of Compliance (Attachments: #1 Exhibit A - 9-18-2013 Email)(Walton, Victor)
September 20, 2013 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #261 MOTION for Protective Order by Griffin Family Trust Motion of Third-Party, Griffin Family Trust, #263 MOTION to Compel by Elizabeth A. Osborn MOTION for Sanctions (TJZ)
September 20, 2013 NOTICE OF DOCKET MODIFICATION TO Victor Walton re #279 REPLY;Error: attachments were insufficiently described as Exhibit A, Exhibit B.Entry by attorney; Correction: the Clerk renamed the attachments. Attachmentsmust be adequately described. Example: Exhibit A (incorrect); Exhibit AAffidavit of John Doe (correct). No further action required by counsel. cc: COR(TJZ)
September 19, 2013 Filing 281 REPLY to Response to Motion re #263 MOTION to Compel by Elizabeth A. Osborn MOTION for Sanctions filed by Elizabeth A. Osborn. (Attachments: #1 Exhibit A - September 9, 2013 email, #2 Exhibit B - September 16, 2013 email)(Jakubowicz, Janet)
September 19, 2013 Filing 280 NOTICE OF APPEARANCE by Elizabeth A. Osborn. (Montell, Natalie)
September 19, 2013 Filing 279 REPLY to #261 Motion of Third-Party, Griffin Family Trust, For Protective Order filed by Griffin Family Trust. (Attachments: #1 Exhibit Exhibit A-Email from Joy Miller 8-26-2013)(Walton, Victor) Modified to describe Ex on 9/20/2013 (TJZ).
September 17, 2013 Filing 278 RESPONSE in Opposition re #265 MOTION for Leave by Elizabeth A. Osborn to Take in Excess of Ten Depositions filed by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin. (Hankinson, Thomas)
September 17, 2013 Opinion or Order Filing 277 MEMORANDUM ORDER: 1) Ptff Osborn's Motion to Compel Production of Documents from Thompson Hine #242 is granted in part to the extent Thompson Hine shall supplement its privilege log consistent with this Order within 14 days. 2) Due to the strict discovery ddl, Ptff Osborn is informed that she should seek to challenge any assertion of a privilege or protection contained in the updated privilege log promptly upon receipt of the supplementation. Signed by Magistrate Judge Candace J. Smith on 9/17/2013.(TJZ)cc: COR
September 16, 2013 Filing 276 RESPONSE in Opposition re #261 MOTION for Protective Order by Griffin Family Trust Motion of Third-Party, Griffin Family Trust filed by Elizabeth A. Osborn. (Attachments: #1 Proposed Order, #2 Exhibit A - Proof Of Service)(Jakubowicz, Janet)
September 16, 2013 NOTICE OF DOCKET MODIFICATION TO Thomas Hankinson re #275 Sealed DocumentError: Exhibits exceed the five megabyte (5 MB) size limit; Entry by attorney; Correction: Clerk separated the PDF image into #2 segments. Counsel is reminded that large documents may not upload properly into ECF or download within a reasonable amount of time; therefore, when any particular document exceeds 5 MB, the document must be segmented into separate documents of 5 MB or less. The proper scanner settings are set forth on Page 5 of the ECF User Manual. No further action required by counsel. cc: COR(TJZ)
September 13, 2013 Filing 275 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin (Attachments: #1 Exhibit 3 #2 Exhibit 7 (Part 1) #3 INCORRECT Exhibit 7 #4 Exhibit 8, (Part 1) #5 INCORRECT Exhibit 8, (Part 2) #6 INCORRECT Exhibit 9, (Part 1) #7 INCORRECT Exhibit 9, (Part 2) #8 Exhibit 10, #9 INCORRECT Exhibit 11 (Part 1), #10 INCORRECT Exhibit 11 (Part 2), #11 Exhibit 4, (Hankinson, Thomas) Modified text on 9/16/2013 (TJZ). (Additional attachment(s) added on 9/16/2013: #12 CORRECT-EX 7 PART 2, #13 CORRECT EXHIBIT 7 PART 3, #14 CORRECT EXHIBIT 8 PART 2, #15 CORRECT EXHIBIT 8 PART 3, #16 CORRECT EXHIBIT 9 PART 1, #17 CORRECT EXHIBIT 9 PART 1A, #18 CORRECT EXHIBIT 9 PART 2A, #19 CORRECT EXHIBIT 11 PART 1, #20 CORRECT EXHIBIT 11 PART 1A, #21 CORRECT EXHIBIT 11 PART 2, #22 CORRECT EXHIBIT 11 PART 2A) (TJZ).
September 13, 2013 Filing 274 MOTION for Attorney Fees by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin Related to Defendants' Motion to Compel Documents Related to Griffin Industries Motions referred to Candace J. Smith. (Attachments: #1 Exhibit 1, Sept. 27, 2012 Letter from Hankinson, #2 Exhibit 2, Excerpt from Aug. 9, 2013 Dep. of Cynthia Roeder, #3 Exhibit 3, Ms. Roeder's handwritten notes (filed under seal), #4 Exhibit 4, Ms. Roeder's additional handwritten notes (filed under seal), #5 Exhibit 5, Aug. 14, 2013 Email from Jakubowicz, #6 Exhibit 6, Aug. 22, 2013 Letter from Jakubowicz, #7 Exhibit 7, Book: Griffin Industries' BOD Minutes 1978-1980 (filed under seal), #8 Exhibit 8, Book: Griffin Industries' BOD Minutes 1981-1985 (filed under seal), #9 Exhibit 9, Book: Griffin Industries' BOD minutes 1986-1990 (filed under seal), #10 Exhibit 10, Additional Griffin Industries documents (filed under seal), #11 Exhibit 11, additional Griffin Industries documents (filed under seal), #12 Exhibit 12, Aug. 26, 2013 Email from Thomas Hankinson, #13 Exhibit 13, Mar. 5, 2012 Osborn responses to Discovery Requests, #14 Exhibit 14, Apr. 4, 2012 Letter from Jakubowicz, #15 Exhibit 15, Apr. 12, 2012 Letter from Jakubowicz, #16 Proposed Order)(Hankinson, Thomas)
September 13, 2013 Filing 273 OBJECTIONS to #253 September 3, 2013 Memorandum Order re Griffin Industries filed by Griffin Industries, LLC. (Attachments: #1 Exhibit A, Excerpts from May 17, 2013 Hearing Transcript, #2 Exhibit B, Purchase Contract for Cold Spring Property, #3 Exhibit C, Letter Regarding Purchase of Cold Spring Property, #4 Exhibit D, Board Meeting Minutes regarding Mortgage on Cold Spring Property, #5 Exhibit E, Sept. 24, 2012 Letter from Benjamin Lewis, #6 Exhibit F, Sept. 27, 2012 Letter from Benjamin Lewis to Magistrate Judge Smith, #7 Exhibit G, Oct. 23, 2012 Letter from Thomas Hankinson, #8 Exhibit H, Sept. 10, 2013 Email Attaching Three New Subpoenas To Non-Parties)(Hankinson, Thomas)
September 13, 2013 Filing 272 NOTICE to Take Deposition of Steve Blair on Wednesday, October 30, 2013 and Thursday, October 31, 2013, beginning at 9:00 a.m. by Elizabeth A. Osborn.(Jakubowicz, Janet)
September 13, 2013 NOTICE RE: DOCUMENT CONVERSION REQUIREMENT TO Victor Walton re #271 Response in Opposition to Motion ; Error: the pleading was scanned instead of converted into PDF format directly from the native word application. Use a scanner ONLY if you cannot electronically prepare your documents with a word processing software package and convert them to PDF format. No further action required by counsel. cc: COR (TJZ)
September 12, 2013 Filing 271 RESPONSE in Opposition re #263 MOTION to Compel by Elizabeth A. Osborn MOTION for Sanctions filed by Griffin Family Trust. (Walton, Victor)
September 12, 2013 Filing 270 NOTICE OF FILING by Griffin Family Trust re #261 MOTION for Protective Order by Griffin Family Trust Motion of Third-Party, Griffin Family Trust Proposed Order (Attachments: #1 Proposed Order)(Walton, Victor)
September 10, 2013 Filing 269 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #248 Sealed Order, #55 Protective Order, by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Affidavit) (Hankinson, Thomas) Modified to clean up docket text on 9/11/2013 (LST). Modified to clean up docket text on 2/24/2014 (LST).
September 10, 2013 Opinion or Order Filing 268 ORDER: Griffin Family Trust shall have 7 days from date of this order, not later than 9/17/2013 to file any Response to the Motion of Ptff Osborn to Compel #263 ; Ptff Osborn shall file any reply within 7 days after filing of the Griffin Family Trust's Response. Signed by Magistrate Judge Candace J. Smith on 9/10/2013.(TJZ)cc: COR
September 10, 2013 Opinion or Order Filing 267 ORDER: Joint Motion to Stay #259 is Granted. 1) The 9/3/2013 Order #253 is STAYED pending resolution of Griffin Industries' objections; 2) 9/13/2013 shall be the ddl for filing of Griffin Industries objections to the 9/3/2013 order; 3) 9/20/2013 shall be the ddl for filing any response to Griffin Industries' objections to the 9/3/2013 order. 4) Objections shall be submitted after filing of ptffs' response (or after 9/20/2013). Signed by Judge William O. Bertelsman on 9/10/2013.(TJZ)cc: COR
September 10, 2013 Filing 266 NOTICE to Take Deposition of Louis F. Solomine on 11/5/13 at 9:00 am by Elizabeth A. Osborn.(Jakubowicz, Janet)
September 10, 2013 NOTICE OF DOCKET MODIFICATION TO Victor Walton re #261 MOTION for Protective Order by Griffin Family; (1) Error: attachments were insufficiently described as Exhibit A, Exhibit B. Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. (2) NOTICE re DOCUMENT CONVERSION REQUIREMENT:Error: the pleading was scanned instead of converted into PDF format directly from the native word application. Use a scanner ONLY when you cannot electronically prepare your documents with word processing software and convert them to PDF format. No further action required by counsel. (3)NOTICE OF DEFICIENCY; attorney failed to submit a proposed order as an electronic attachment to the motion. Entry by attorney; within 7 calendar days, prepare a pleading entitled Notice of Filing (with a certificate of service), file the Notice using the event Notice of Filing, attach the proposed order, and create a link to the related docket entry. cc: COR (TJZ)
September 10, 2013 NOTICE OF DOCKET MODIFICATION TO Janet Jakubowicz re #263 MOTION to Compel by Elizabeth A. Osborn Error: This motion requests 2 forms of relief and only one form of relief was selected; Entry by attorney; Clerk added the motion relief requested. In the future, when filing a motion with multiple reliefs, select a motion relief for each relief requested, so all motions will appear on the Judges motion report. No further action required by counsel. cc: COR (TJZ)
September 9, 2013 Filing 265 MOTION for Leave by Elizabeth A. Osborn to Take in Excess of Ten Depositions Motions referred to Candace J. Smith. (Attachments: #1 Memorandum in Support Memorandum in Support of Motion for Leave to Take in Excess of Ten Depositions, #2 Exhibit Exhibit 1 - Initial Disclosures of Plaintiff Elizabeth Osborn, #3 Exhibit Exhibit 2 - Parties' Tentative Deposition Schedule, #4 Proposed Order)(Lewis, Benjamin)
September 9, 2013 Filing 264 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Elizabeth A. Osborn (Attachments: #1 Exhibit) (Jakubowicz, Janet) Modified to clean up docket text on 2/24/2014 (LST).
September 9, 2013 Filing 263 MOTION to Compel and MOTION for SANCTIONS by Elizabeth A. Osborn Motions referred to Candace J. Smith. (Attachments: #1 Memorandum in Support Memo in Support of Motion to Compel, #2 Exhibit Subpoena to Griffin Family Trust, #3 Exhibit John MN. Griffin Deposition, #4 Exhibit Martin Griffin Deposition (filed Under Seal), #5 Exhibit Detail Statement of Griffin Family Trust (Filed Under Seal), #6 Exhibit Asset List, #7 Exhibit March 15, 1997 Check, #8 Exhibit August 9, 2013 Letter, #9 Exhibit September 3, 2013 E-mail, #10 Proposed Order Proposed Order)(Jakubowicz, Janet). Added MOTION for Sanctions on 9/10/2013 (TJZ).
September 9, 2013 Opinion or Order Filing 262 ORDER: Ptff shall have 7 days from date of order but no later than 9/16/2013 to file a response to the motion for prot order #261 . Griffin Family Trust shall file any reply w/in 7 days after filing of response. Signed by Magistrate Judge Candace J. Smith on 9/9/2013.(TJZ)cc: COR
September 9, 2013 Filing 261 MOTION for Protective Order by Griffin Family Trust Motion of Third-Party, Griffin Family Trust Motions referred to Candace J. Smith. (Attachments: #1 Exhibit A-Subpoena to Griffin Family Trust, #2 Exhibit B-8-9-2013 letter from BGD to Steve Blair, GFT, #3 Exhibit C-8-26-13 letter from GFT to BGD, #4 Exhibit D-Email of 9-3-2013 from Griffin to Walton, #5 Exhibit E-Email of 9-3-13 from Walton to Lewis, #6 Exhibit F-Email of 9-3-13 from Lewis to Walton)(Walton, Victor) Modified to describe Ex on 9/10/2013 (TJZ). (Additional attachment(s) added on 9/13/2013: #7 Proposed Order) (TJZ).
September 9, 2013 Filing 260 NOTICE of Appearance by Victor A. Walton on behalf of Griffin Family Trust (Walton, Victor)
September 9, 2013 NOTICE OF DOCKET MODIFICATION TO Thomas Hankinson re #259 JOINT MOTION to Stay; Error: This motion requests 2 forms of relief and only one form of reliefwas selected; Entry by attorney; Clerk added the motion relief requested. In thefuture, when filing a motion with multiple reliefs, select a motion relief for each relief requested, so all motions will appear on the Judges motion report. No further action required by counsel. cc: COR (TJZ)
September 6, 2013 Filing 259 JOINT MOTION to Stay by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Griffin Industries, LLC, Elizabeth A. Osborn for Temporary Stay of the Court's September 3, 2013 Order and motion to set briefing schedule. Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Hankinson, Thomas). Added MOTION for briefing schedule on 9/9/2013 (TJZ).
September 4, 2013 Opinion or Order Filing 258 MINUTE ENTRY ORDER FOR MOTION HEARING held on 9/4/2013 before Judge William O. Bertelsman: 1)Ptffs' motion for hearing [Case 13-32, doc 51] and defs' motion for judicial notice [13-32, doc. 76] are GRANTED. 2) Griffin defs motion to dismiss the RICO claim [13-32, doc. 17] is DENIED WITHOUT PREJUDICE. 3) KMK's motion to dismiss [13-32 doc 16] is DENIED . 4) Parties shall file verified expert reports as provided above. (Court Reporter Joan Averdick.)Signed by Judge William O. Bertelsman on 9/5/2013. (TJZ)cc: COR
September 4, 2013 Filing 257 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 9/4/2013 before Magistrate Judge Candace J. Smith: Anthony Griffin's depo will begin at 11:00 a.m. on 9/5/2013. Parties to take a break at 1:00 and continue w/ Ms. Holt's depo. After Ms. Holt's depo is concluded, counsel will continue w/ Mr. Griffin's depo. (Court Reporter None.) (TJZ)cc: COR
September 4, 2013 ***MOTION SUBMITTED TO CHAMBERS of Candy J. Smith for review: re #242 MOTION to Compel by Elizabeth A. Osborn Production of Documents from Thompson Hine (TJZ)
September 3, 2013 Opinion or Order Filing 256 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 9/3/2013 before Magistrate Judge Candace J. Smith: 1) Ptffs have to 9/10/2013 to file a Motion Seeking Leave to take more than 10 depos; 2) Defs have to 9/17/2013 to file any response; 3) Upon Defs filing of response, Clerk shall submit record. If Ptffs decide they want to file reply, they must notify chambers and file reply by 9/23/2013. (Court Reporter None.). Signed by Magistrate Judge Candace J. Smith on 9/4/2013. (TJZ)cc: COR
September 3, 2013 Filing 255 REPLY to #242 Motion to Compel the Production of Documents from Thompson Hine filed by Elizabeth A. Osborn. (Lewis, Benjamin)
September 3, 2013 Filing 254 DECLARATION OF JANET P. JAKUBOWICZ re #248 Sealed Order Declaration of Janet P. Jakubowicz re: Attorneys' Fees Incurred by Elizabeth A. Osborn. (Lewis, Benjamin) Modified to better describe on 2/24/2014 (LST).
September 3, 2013 Opinion or Order Filing 253 MEMORANDUM ORDER: 1) Plaintiff Osborn's Motion to Compel the Production of Documents from non-party Griffin Industries #103 is granted in part, consistent with this Memorandum Order. Counsel and respective IT consultant shall meet within 15 days to discuss form and sources of storage. Plaintiff and non-party Griffin Industies shall file joint status report within 5 days of their meeting. Griffin shall compile in one place its Board minutes from 1974 and provide Plaintiff opportunity to inspect them within 20 days. Griffin shall produce other documents within 20 days . Osborn's request for her fees and costs is denied. 2) Plaintiff Osborn's Motion to Show Cause #135 is denied. Signed by Magistrate Judge Candace J. Smith on 9/3/2013.(TJZ)cc: COR
August 29, 2013 Opinion or Order Filing 252 VIRTUAL ORDER: granting Defs' #251 EMERGENCY Motion stay execution of the undersigned's 8/27/13 #248 discovery order, pending the District Judge's adjudication of impending objections. The deposition of Dennis Griffin noticed for 8/30/13 250 is hereby canceled, to be rescheduled following the District Court's ruling on the objections, if appropriate. This case is currently scheduled for oral argument on 9/4/13 on the motions to dismiss filed in Case No. 13-32. All parties shall be prepared to present any and all objections to the undersigned's 8/27/13 discovery order to the District Judge at this 9/4/13 oral argument.. Signed by Magistrate Judge Candace J. Smith on 8/29/2013. (LST)cc: COR
August 29, 2013 Filing 251 EMERGENCY MOTION for Protective Order by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin Regarding The Court's August 27 Order And Dennis B. Griffin's Proposed Deposition Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Hankinson, Thomas)
August 28, 2013 Filing 250 NOTICE to Take Deposition of Dennis Griffin on Friday, August 30 at 9:00 a.m. by Elizabeth A. Osborn.(Jakubowicz, Janet)
August 28, 2013 Filing 249 TRANSCRIPT of Proceedings: MOTION HEARING held on 5/17/2013 before Judge Candace J. Smith. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: Janet P. Jakubowicz, Esq.. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/23/2013. Redacted Transcript Deadline set for 10/3/2013. Release of Transcript Restriction set for 12/2/2013.
August 27, 2013 Opinion or Order Filing 248 SEALED ORDER. Signed by Magistrate Judge Candace J. Smith on 8/26/2013.(TJZ)cc: COR via U.S. Mail
August 26, 2013 Filing 247 RESPONSE in Opposition re #242 MOTION to Compel by Elizabeth A. Osborn Production of Documents from Thompson Hine filed by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Griffin Industries, LLC. (Attachments: #1 Exhibit 1, Ms. Osborn's Privilege Log, #2 Exhibit 2, Example File Folders Produced by Thompson Hine)(Hankinson, Thomas)
August 26, 2013 Filing 246 RESPONSE in Opposition re #242 MOTION to Compel by Elizabeth A. Osborn Production of Documents from Thompson Hine filed by Thompson Hine, LLP. (Ramundo, Kimberly)
August 23, 2013 Filing 245 NOTICE to Take Deposition of Anthony Griffin on 9/5/13 at 9:00am by Elizabeth A. Osborn.(Jakubowicz, Janet)
August 22, 2013 Opinion or Order Filing 244 ORDER: Oral arugment on pending motions to dismiss in the Holt [13-32] matter will be held on 9/4/2013 at 9:30 a.m. Signed by Judge William O. Bertelsman on 8/22/2013.(TJZ)cc: COR
August 19, 2013 Opinion or Order Filing 243 ORDER: Thompson Hine shall have 7 days , same not being later than 8/26/2013 in which to file any response to Ptff's Motion to Compel #242 . Ptff shall have 7 days thereafter, not later than 9/3/2013 to file a reply. Signed by Magistrate Judge Candace J. Smith on 8/19/2013.(TJZ)cc: COR
August 19, 2013 NOTICE OF DOCKET MODIFICATION TO Janet Jakubowicz re #242 MOTION to Compel by Elizabeth A. Osborn; Error: attachments were insufficiently described as Exhibit A, Exhibit B.Entry by attorney; Correction: the Clerk renamed the attachments. Attachmentsmust be adequately described. Example: Exhibit A (incorrect); Exhibit AAffidavit of John Doe (correct). No further action required by counsel. cc: COR (TJZ)
August 16, 2013 Filing 242 MOTION to Compel by Elizabeth A. Osborn Production of Documents from Thompson Hine Motions referred to Candace J. Smith. (Attachments: #1 Memorandum in Support, #2 Exhibit A - E-mail dated 7/29/13 from Jakubowicz to Stephen Butler, #3 Exhibit B - E-mail dated 8/6/13 from Stephen Butler to Janet Jakubowicz, #4 Exhibit C - Privilege Log, #5 Exhibit D - Key, #6 Exhibit E - E-mail dated 8/7/13 from Jakubowicz to Butler, #7 Exhibit F - E-mail dated 8/8/13 from Butler to Jakubowicz, #8 Exhibit G - E-mail dated 8/14/13 from Jakubowicz to Hankinson, Callow, Butler, #9 Exhibit H - Letter to Jakubowicz from Hankinson , #10 Proposed Order, #11 Proposed Alternative Order)(Jakubowicz, Janet) Modified text on 8/19/2013 (TJZ).
August 2, 2013 Opinion or Order Filing 241 ORDER; 1)The August 12, 2013, deposition scheduling of Dennis B. Griffin is vacated, to be reset by the parties, if necessary, upon this Court's adjudication of Defs' #218 Motion for Protective Order Prohibiting Deposition of Dennis B. Griffin. Signed by Magistrate Judge Candace J. Smith on 8/2/2013.(LST)cc: COR
July 30, 2013 Opinion or Order Filing 240 ORDER: Joint motion to unseal #238 is GRANTED w/ following conditions: 1) The sealed record in 90-209 is unsealed for the sole use of the parties in litigating Case Nos. 11-89 and 13-32. 2) The parties shall treat the record as Confidential Information under the Stipulated Protective Order #55 . 3) In the event a document in 90-209 was designated at a confidentiality level beyond the parameters specified by the Confidentiality Order, such as "Attorneys' Eyes Only", the parties shall respect the document's original designation in 90-209. 4) The record to be unsealed in 90-209 includes any and all documents. 5) Any document related to 90-209 in the possession of the parties in 11-89 and 13-32 and the parties of 90-209 shall be governed by Stipulated Confidentiality Order and shall be discoverable for the sole purpose of litigating 11-89 and 13-32. 6) The sealed record in 90-209 shall be made available by the Clerk to the parties in 11-89 and 13-32 for inspection and photocopying at the Covington office of the Clerk. The parties shall make an appt with the Clerk (859-392-7925). 7) Upon unsealing the record of 90-209, any documents from 90-209 shall be subject to the terms of this Order. Signed by Magistrate Judge Candace J. Smith on 7/30/2013.(TJZ)cc: COR
July 28, 2013 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #218 MOTION for Protective Order by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin Prohibiting Deposition of Dennis B. Griffin Due To His Medical Condition (TJZ)
July 26, 2013 Clerk's Note: re #236 NOTICE OF FILING REPLY BRIEF. Verified with counsel's office that document was not to be filed under seal. (TJZ)
July 26, 2013 Filing 238 JOINT MOTION to Unseal Case by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Elizabeth A. Osborn Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order Unsealing Case)(Hankinson, Thomas)
July 22, 2013 Filing 239 SEALED REPLY TO RESPONSE TO MOTION by Dennis B. Griffin, John M. Griffin, Robert A. Griffin re #55 Protective Order, #218 as to MOTION for Protective Order by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin Prohibiting Deposition of Dennis B. Griffin Due To His Medical Condition Filed Pursuant to QC re #237 (TJZ)
July 22, 2013 Filing 237 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin (Hankinson, Thomas)
July 22, 2013 Filing 236 NOTICE OF FILING REPLY BRIEF, filed by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin. (Hankinson, Thomas) Modified removing link and adding Notice of Filing text on 7/28/2013 (TJZ).
July 17, 2013 Opinion or Order Filing 235 MEMORANDUM ORDER: Ptff's motion to compel #112 is granted in part, consistent with this Memorandum Order. Martom shall produce tax returns, balance sheets, cash flow statements from 95 to present, and any other financial document withheld on the basis of relevancy which production would be consistent with this Order, within 10 days from date of Order. . Ptff's request for fees and costs is denied. Signed by Magistrate Judge Candace J. Smith on 7/17/2013.(TJZ)cc: COR
July 17, 2013 ***MOTION SUBMITTED TO CHAMBERS of J. Gregory Wehrman for review: re #203 MOTION for Protective Order by Dennis B. Griffin, John M. Griffin, Robert A. Griffin for Treatment of Dennis B. Griffin's Confidential Medical Information As "Attorneys' Eyes Only", #214 MOTION to Compel by Elizabeth A. Osborn Plaintiff's Mtn to Compel Discovery and for Sanctions fm Martin & Thomas Griffin, Memo in Support, and Tendered Order, #209 MOTION to Compel by Elizabeth A. Osborn Plaintiff's Mtn to Compel Dennis Griffin Depo & Sanctions (TJZ)
July 16, 2013 Filing 234 REPLY to #214 Motion to Compel Discovery from Martin Griffin and Thomas Griffin and for Sanctions filed by Elizabeth A. Osborn. (Attachments: #1 Exhibit A - 7/21/13 email with Callow correspondence, #2 Exhibit B - Affidavit of Paulley, #3 Exhibit C - Declaration of Ben Lewis)(Jakubowicz, Janet)
July 16, 2013 Filing 233 NOTICE OF FILING by Elizabeth A. Osborn re #229 Response in Opposition to Motion,, of Proposed Order (Attachments: #1 Proposed Order for Dkt. No. 229)(Lewis, Benjamin)
July 15, 2013 Filing 232 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Elizabeth A. Osborn (Attachments: #1 Exhibit) (Lewis, Benjamin) Modified to clean up docket text on 2/24/2014 (LST).
July 15, 2013 Filing 231 REPLY to #209 Motion to Compel Discovery and for Sanctions filed by Elizabeth A. Osborn. (Attachments: #1 Exhibit A - July 12, 2013 Ltr from Dr. Friedland (filed under seal), #2 Exhibit B - Declaration of Benjamin J. Lewis)(Lewis, Benjamin)
July 15, 2013 Filing 230 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #229 Response in Opposition to Motion,, by Elizabeth A. Osborn (Attachments: #1 Exhibit) (Lewis, Benjamin) Modified to clean up docket text on 2/24/2014 (LST).
July 15, 2013 Filing 229 RESPONSE in Opposition re #218 MOTION for Protective Order by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin Prohibiting Deposition of Dennis B. Griffin Due To His Medical Condition filed by Elizabeth A. Osborn. (Attachments: #1 Memorandum in Support Response in Opposition Filed Under Seal, #2 Exhibit Exhibit A - July 12, 2013 Ltr from Dr. Friedland (filed under seal), #3 Exhibit Exhibit B - Declaration of Verification)(Lewis, Benjamin)
July 15, 2013 Filing 228 REPLY BRIEF to #203 , #216 Motion for Treatment of Dennis B. Griffin's Medical Information as "Attorneys' Eyes Only" filed by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin. (Attachments: #1 Exhibit 1, July 8 Emails between Jakubowicz and Hankinson)(Hankinson, Thomas)
July 12, 2013 Filing 227 AMENDED NOTICE to Take Deposition of Martin & Thomas Griffin on Martin: Tuesday 7/30/13 at 9:00am and Thomas 7/31/13 at 9:00am by Elizabeth A. Osborn.(Jakubowicz, Janet)
July 12, 2013 ***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Candace J. Smith for review: re #194 MOTION to Compel by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin (LST)
July 10, 2013 Filing 226 NOTICE to Take Deposition of Martin Griffin and Thomas Griffin on 7/30-31/13, 9:00am by Elizabeth A. Osborn.(Jakubowicz, Janet)
July 10, 2013 Filing 225 NOTICE to Take Deposition of Tim Newbauer on 7/26/13 12pm by Elizabeth A. Osborn.(Jakubowicz, Janet)
July 10, 2013 Clerk's Note: re #222 Response in Opposition to Motion. Advised by Attorney Hankinson that Response #222 was incorrect and he refiled the correct Response at #223 . Clerk modified text of #222 to add incorrectly filed. (TED)
July 9, 2013 Filing 224 REPLY BRIEF to #206 , #194 Defendants' Reply In Support of Their Motion to Compel Production Of Documents From Plaintiff Elizabeth Osborn filed by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin. (Attachments: #1 Exhibit 1, Excerpts from Oct. 2, 2012 Deposition of Elizabeth Osborn, #2 Exhibit 2, July 1, 2013 Letter from Janet Jakubowicz, #3 Exhibit 3, April 12, 2012 Letter from Janet Jakubowicz)(Hankinson, Thomas)
July 9, 2013 Filing 223 RESPONSE in Opposition re #214 MOTION to Compel by Elizabeth A. Osborn Plaintiff's Mtn to Compel Discovery and for Sanctions fm Martin & Thomas Griffin, Memo in Support, and Tendered Order filed by Martin Griffin, Thomas Griffin. (Attachments: #1 Exhibit A, July 3, 2013 Emails between Hankinson and Paulley, #2 Exhibit B, June 14-20, 2013 Email chain between Martin and Thomas Griffin's attorneys and Ms. Osborn's attorneys, #3 Exhibit C, June 11-14, 2013 Email chain between Thomas Hankinson and the Holt Plaintiffs' attorneys, #4 Exhibit D, June 14-17, 2013 Email chain between Thomas Hankinson and Ms. Osborn's attorneys, #5 Exhibit E, June 14-20, 2013 Email chain between Martin and Thomas Griffin's attorneys and Ms. Osborn's attorneys, #6 Exhibit F, Email sending new subpoenas, #7 Exhibit G, Letter from Callow regarding subpoenas, #8 Affidavit of Christopher A. Griffin, #9 Affidavit of Thomas Hankinson)(Hankinson, Thomas)
July 9, 2013 Filing 222 INCORRECTLY FILED RESPONSE in Opposition re #214 MOTION to Compel by Elizabeth A. Osborn Plaintiff's Mtn to Compel Discovery and for Sanctions fm Martin & Thomas Griffin, Memo in Support, and Tendered Order filed by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin. (Attachments: #1 Exhibit A, July 3, 2013 Emails between Hankinson and Paulley, #2 Exhibit B, June 14-20, 2013 Email chain between Martin and Thomas Griffin's attorneys and Ms. Osborn's attorneys, #3 Exhibit C, June 11-14, 2013 Email chain between Thomas Hankinson and the Holt Plaintiffs' attorneys, #4 Exhibit D, June 14-17, 2013 Email chain between Thomas Hankinson and Ms. Osborn's attorneys, #5 Exhibit E, June 14-20, 2013 Email chain between Martin and Thomas Griffin's attorneys and Ms. Osborn's attorneys, #6 Exhibit F, Email sending new subpoenas, #7 Exhibit G, Letter from Callow regarding subpoenas, #8 Affidavit of Christopher A. Griffin, #9 Affidavit of Thomas Hankinson)(Hankinson, Thomas) Modified text to add incorrectly filed and removing link on 7/10/2013 (TED).
July 9, 2013 Opinion or Order Filing 221 MEMORANDUM ORDER: It is ordered: 1) Plaintiff's #98 Motion to Compel the production of documents from non-party Thompson Hine LLP #98 is hereby granted in part to the extent that Thompson Hine shall within 20 days of this Order, July 29, 2013, produce or provide a privilege log for all responsive documents contained in the four boxes it has identified as possibly containing responsive documents and those obtained from its electronic search. In adddition Thompson Hine shall provide to plaintiff a list of the labels affixed to the redwells and subfolders in the remaining thirteen boxes it originally identified as possibly containing responsive documents; 2) Defendants' #110 Motion to Quash plaintiff's subpoena to Thompson Hine is denied; 3) Plaintiff's motion for leave to file surreply in opposition to defendants' motion to quash #147 is denied. Signed by Magistrate Judge Candace J. Smith on 07/09/2013. (TED)cc: COR
July 9, 2013 Opinion or Order Filing 220 ORDER: It is ordered that plaintiff shall have 7 days from this date, same being July 16, 2013 in which to fild any response re Defendants' #218 MOTION for Protective Order. It is further ordered that Defendants shall have 7 days thereafter same being not later than July 23, 2013 to file any Reply. Signed by Magistrate Judge Candace J. Smith on 07/09/2013.(TED)cc: COR
July 8, 2013 Filing 219 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin (Attachments: #1 Exhibit 1, July 12, 2012 Letter from Dr. Broderick, #2 Exhibit 2, January 15, 2013 Report from Dr. Devoto, #3 Exhibit 3, July 3, 2013 Letter from Dr. Broderick) (Hankinson, Thomas)
July 8, 2013 Filing 218 MOTION for Protective Order by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin Prohibiting Deposition of Dennis B. Griffin Due To His Medical Condition Motions referred to Candace J. Smith. (Attachments: #1 Memorandum in Support (filed under seal), #2 Exhibit 1 (filed under seal), July 12, 2012 Letter from Dr. Broderick, #3 Exhibit 2 (filed under seal), January 15, 2013 Report from Dr. Devoto, #4 Exhibit 3 (filed under seal), July 3, 2013 Letter from Dr. Broderick, #5 Exhibit 4, Excerpt of Deposition of John M. Griffin, #6 Exhibit 5, Excerpt of Deposition of Robert A. Griffin, #7 Exhibit 6, June 11-14, 2013 Email chain between Thomas Hankinson and the Holt Plaintiffs' attorneys, #8 Exhibit 7, June 14-17, 2013 Email chain between Thomas Hankinson and Ms. Osborn's attorneys, #9 Exhibit 8, June 18, 2013 Emails from Thomas Hankinson to Ms. Osborn's attorneys, #10 Exhibit 9, June 14-20, 2013 Email chain between Defendants' attorneys and Ms. Osborn's attorneys, #11 Exhibit 10, June 14-20, 2013 Email chain between Defendants' attorneys and Ms. Osborn's attorneys, #12 Affidavit of Thomas Hankinson, #13 Proposed Order)(Hankinson, Thomas)
July 8, 2013 Filing 217 RESPONSE in Opposition re #209 MOTION to Compel by Elizabeth A. Osborn Plaintiff's Mtn to Compel Dennis Griffin Depo & Sanctions filed by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin. (Attachments: #1 Exhibit 1 (filed under seal), July 12, 2012 Letter from Dr. Broderick, #2 Exhibit 2 (filed under seal), January 15, 2013 Report from Dr. Devoto, #3 Exhibit 3 (filed under seal), July 3, 2013 Letter from Dr. Broderick, #4 Exhibit 4, Excerpt of Deposition of John M. Griffin, #5 Exhibit 5, Excerpt of Deposition of Robert A. Griffin, #6 Exhibit 6, June 11-14, 2013 Email chain between Thomas Hankinson and the Holt Plaintiffs' attorneys, #7 Exhibit 7, June 14-17, 2013 Email chain between Thomas Hankinson and Ms. Osborn's attorneys, #8 Exhibit 8, June 18, 2013 Emails from Thomas Hankinson to Ms. Osborn's attorneys, #9 Exhibit 9, June 14-20, 2013 Email chain between Defendants' attorneys and Ms. Osborn's attorneys, #10 Exhibit 10, June 14-20, 2013 Email chain between Defendants' attorneys and Ms. Osborn's attorneys, #11 Affidavit of Thomas Hankinson)(Hankinson, Thomas)
July 8, 2013 Filing 216 RESPONSE in Opposition re #203 MOTION for Protective Order by Dennis B. Griffin, John M. Griffin, Robert A. Griffin for Treatment of Dennis B. Griffin's Confidential Medical Information As "Attorneys' Eyes Only" Plaintiff's Response to Defendants' Mtn for Treatment of Dennis Griffin Med Recs as Attys Eyes Only & Tendered Order filed by Elizabeth A. Osborn. (Attachments: #1 Proposed Order Tendered Order ordering Dennis Griffin to produce med recs)(Lewis, Benjamin)
July 2, 2013 Opinion or Order Filing 215 ORDER; 1)Martin Griffn and Thomas Griffin to have 7 days from the date of this Order (7/9/13) to file a Response to the #214 Motion of Pla for an Order Compelling Discovery and for Sanctions. In their response, Martin and Thomas Griffin shall also inform the Court of the date their depositions have been rescheduled, or if a date has not yet been set, the communication they have had w/respect to their rescheduling; 2)Pla to have 7 days thereafter (7/16/2013) to file any Reply, which should include an Affidavit or other admissible evidence of the fees and costs for which she is seeking reimbursement. Signed by Magistrate Judge Candace J. Smith on 7/2/2013.(LST)cc: COR
July 1, 2013 Filing 214 MOTION to Compel by Elizabeth A. Osborn Plaintiff's Mtn to Compel Discovery and for Sanctions fm Martin & Thomas Griffin, Memo in Support, and Tendered Order Motions referred to Candace J. Smith. (Attachments: #1 Memorandum in Support Memo in Support of Plaintiff's Mtn for Order Compelling Discovery & Sanctions fm Martin & Thomas Griffin, #2 Exhibit Ex. 1 to Plaintiff's Mtn for Order Compelling Discovery & Sanctions fm Martin & Thomas Griffin - 11-16-12 E-mail fm Callow to Lewis, #3 Exhibit Ex. 2 to Plaintiff's Mtn to Compel Discovery and Sanctions fm Martin & Thomas Griffin - 1-11-13 E-mail fm Callow to Jakubowicz, #4 Exhibit Ex. 3 to Plaintiff's Mtn to Compel Discovery & Sanctions fm Martin & Thomas Griffin - 1-28-13 E-mail fm Callow to Lewis, #5 Exhibit Ex. 4 to Plaintiff's Mtn to Compel Discovery & Sanctions fm Martin & Thomas Griffin - 3-15-13 E-mail fm Jakubowicz to Callow, #6 Exhibit Ex. 5 to Plaintiff's Mtn to Compel Discovery & Sanctions fm Martin & Thomas Griffin - 3-28-13 E-mail fm Jakubowicz to Callow, #7 Exhibit Ex. 6 to Plaintiff's Mtn to Compel Discovery & Sanctions fm Martin & Thomas Griffin - 5-20-13 E-mail fm Callow to Jakubowicz, #8 Exhibit Ex. 7 to Plaintiff's Mtn to Compel Discovery & Sanctions fm Martin & Thomas Griffin - 6-14-13 E-mail fm Hankinson to Jakubowicz, #9 Exhibit Ex. 8 to Plaintiff's Mtn to Compel Discovery & Sanctions fm Martin & Thomas Griffin - 6-20-13 E-mail fm Jakubowicz to Callow, #10 Exhibit Ex. 9 to Plaintiff's Mtn to Compel Discovery & Sanctions fm Martin & Thomas Griffin - portions of Martin Griffin depo, #11 Exhibit Ex. 10 to Plaintiff's Mtn to Compel Discovery & Sanctions fm Martin & Thomas Griffin - portions of Thomas Griffin's depo, #12 Proposed Order Tendered Order sanctioning, compelling discovery fm Martin& Thomas Griffin)(Jakubowicz, Janet)
July 1, 2013 Opinion or Order Filing 213 ORDER: Matter is before the Court on Defendants Motion for Treatment of Dennis B. Griffin Confidential Medical Information as Attorneys Eyes Only #203 Plaintiff shall have seven (7) days from the date of this Order, the same being not later than July 8, 2013, in which to file any Response to DefendantsMotion.Defendants shall have seven (7) days thereafter, the same being not later than July 15, 2013, to file any Reply. Signed by Magistrate Judge Candace J. Smith on 7/1/2013.(LMB)cc: COR
June 28, 2013 Opinion or Order Filing 212 ORDER; 1)Def Dennis Griffin to have until 10 days from the date of this Order (7/8/2013) to file any Response to the #209 Motion for an Order Compelling Discovery from Def Dennis Griffin and for Sanctions. Def Dennis Griffin to also inform the Court in his Response of the date of his deposition has been rescheduled, or if a date has not yet been set, the progress the parties have made w/respect to its rescheduling pursuant to the procedure set forth in Judge Bertelsman's #207 Order; 2)Pla to have 7 days thereafter, (7/15/2013), to file any Reply, which should include an affidavit or other admissible evidence of the fees/costs for which she is seeking reimbursement.. Signed by Magistrate Judge Candace J. Smith on 6/28/2013.(LST)cc: COR
June 28, 2013 Opinion or Order Filing 211 STIPULATED CONFIDENTIALITY ORDER; 1)The #208 JOINT Motion for Protective Order is GRANTED; 2)The Stipulated #55 Confidentiality Order in this case shall govern the parties in Case No. 13-cv-32. Signed by Magistrate Judge Candace J. Smith on 6/28/2013. (LST)cc: COR
June 28, 2013 Opinion or Order Filing 210 VIRTUAL ORDER: denying as moot #205 Motion for Protective Order Requiring Negotiation of Deposition Schedule filed by Defendants Dennis B. Griffin, Robert A. Griffin, and John M. Griffin, in light of paragraph (3) of the District Court's 6/26/2013 Order consolidating cases #207 , which paragraph already provides for the method to be used by the parties in setting discovery depositions. Signed by Magistrate Judge Candace J. Smith on 6/28/2013. (ECO)cc: COR
June 27, 2013 Filing 209 MOTION to Compel by Elizabeth A. Osborn Plaintiff's Mtn to Compel Dennis Griffin Depo & Sanctions Motions referred to Candace J. Smith. (Attachments: #1 Memorandum in Support Plaintiff's Memo in Support of Mtn to Compel Dennis Griffin Depu & Sanctions, #2 Exhibit Ex. 1 to Plaintiff's Mtn to Compel Dennis Griffin Depo & Sanctions - printout fm Natl College of Business website, #3 Exhibit Ex. 2 to Plaintiff's Mtn to Compel Dennis Griffin Depo & Sanctions - printout of Riverside Inn Bed & Breakfast website, #4 Exhibit Ex. 3 to Plaintiff's Mtn to Compel Dennis Griffin Depo & Sanctions - Notice to Take Depo of Dennis Griffin, #5 Exhibit Ex. 4 to Plaintiff's Mtn to Compel Dennis Griffin Depo & Sanctions - 7-10-12 E-mail fm Jakubowicz to Callow, #6 Exhibit Ex. 5 to Plaintiff's Mtn to Compel Dennis Griffin Depo & Sanctions - 10-12-12 E-mail fm Callow to Jakubowicz, #7 Exhibit Ex. 6 to Plaintiff's Mtn to Compel Dennis Griffin Depo & Sanctions - 10-23-12 e-mail fm Jakubowicz to Callow, #8 Exhibit Ex. 7 to Plaintiff's Mtn to Compel Dennis Griffin Depo & Sanctions - 5-20-13 e-mail fm Callow toJakubowicz, #9 Exhibit Ex. 8 to Plaintiff's Mtn to Compel Dennis Griffin Depo & Sanctions - 6-14-13 e-mail fm Hankinson to Jakubowicz, #10 Exhibit Ex. 9 to Plaintiff's Mtn to Compel Dennis Griffin Depo & Sanctions - 6-20-13 e-mail fm Jakubowicz to Callow, #11 Exhibit Ex. 10 to Plaintiff's Mtn to Compel Dennis Griffin Depo & Sanctions - portion of Dennis Griffin Depo, #12 Proposed Order Plaintiff's Tendered Order to Compel Dennis Griffin Depo and Sanctions)(Jakubowicz, Janet)
June 27, 2013 Filing 208 JOINT MOTION for Protective Order by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Elizabeth A. Osborn Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Hankinson, Thomas)
June 27, 2013 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #208 JOINT MOTION for Protective Order by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Elizabeth A. Osborn (ECO)
June 26, 2013 Opinion or Order Filing 207 ORDER: It is ordered 1) Defendants' #185 MOTION to Consolidate Cases is GRANTED. These cases are consolidated for purposes of discovery; 2) Discovery completed no later than 12/20/13. Any party who does not appear for deposition shall have a default judgment entered against them; 3) Within 7 days exchange witness lists of witnesses they wish to depose with requests to postpone not later than 7 days after notices; 4) Motions for summary judgment filed on or before 1/24/14; 5) No motion to stay discovery will be entertained and no extensions of these deadlines will be granted; 6) Any party or witness who obstructs the prompt and orderly progress of these proceedings will face severe sanctions and any attorney so obstructing will face ethical action. Signed by Judge William O. Bertelsman on 06/26/2013.(TED)cc: COR
June 24, 2013 Filing 206 RESPONSE in Opposition re #194 MOTION to Compel by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin Plaintiff's Response in Opposition to Defs' Mtn to Compel Production of Docs filed by Elizabeth A. Osborn. (Attachments: #1 Exhibit Ex. A to Plaintiff's Response to Defs' Mtn to Compel - Robt Griffin's Responses to Req for Production, #2 Exhibit Ex. B to Plaintiff's Response to Defs' Mtn to Compel - Portion of John Griffin Depo with Ex. 10, #3 Proposed Order Tendered Order Denying Defs' Mtn to Compel)(Jakubowicz, Janet)
June 20, 2013 Filing 205 MOTION for Protective Order by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin Motions referred to Candace J. Smith. (Attachments: #1 Exhibit 1, Email chain between Hankinson and Reed Wicker Attorneys, June 11-14, 2013, #2 Exhibit 2, Email chain between Hankinson and Jakubowicz, June 14-17, 2013, #3 Exhibit 3, Emails from Hankinson to Jakubowicz, June 18, 2013, #4 Exhibit 4, Email chain between Hankinson, Callow and Jakubowicz, June 14-20, 2013, #5 Exhibit 5, Extended email chain between Hankinson, Callow and Jakubowicz, June 14-20, 2013, #6 Proposed Order)(Hankinson, Thomas)
June 18, 2013 Filing 204 CERTIFICATE of Counsel re #203 MOTION for Protective Order by Dennis B. Griffin, John M. Griffin, Robert A. Griffin for Treatment of Dennis B. Griffin's Confidential Medical Information As "Attorneys' Eyes Only" Local Rule 37.1 Certificate by Thomas F. Hankinson on behalf of Dennis B. Griffin, John M. Griffin, Robert A. Griffin (Hankinson, Thomas)
June 18, 2013 Filing 203 MOTION for Protective Order by Dennis B. Griffin, John M. Griffin, Robert A. Griffin for Treatment of Dennis B. Griffin's Confidential Medical Information As "Attorneys' Eyes Only" Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Hankinson, Thomas)
June 17, 2013 Opinion or Order Filing 202 AGREED ORDER: Plaintiff Elizabeth A. Osborn shall have to and including June 24, 2013 to file a Response to Defendants Motion to Compel #194 . Signed by Magistrate Judge Candace J. Smith on 6/17/2013.(LMB)cc: COR
June 14, 2013 ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #201 Proposed Agreed Order/Stipulation by Elizabeth A. Osborn (RBB)
June 13, 2013 Filing 201 Proposed Agreed Order/Stipulation by Elizabeth A. Osborn. (Lewis, Benjamin)
June 13, 2013 NOTICE OF DOCKET MODIFICATION TO ALL COUNSEL OF RECORD re Motion Submitted; Error: motion was submitted incorrectly; Entry by docket clerk; Correction: motion resubmitted to correct judge and text of this entry corrected to state Motion #183 was submitted to the Chambers of Candace J. Smith; No steps need to be taken by counsel. cc: COR (RBB)
June 13, 2013 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #185 MOTION to Consolidate Cases by Dennis B. Griffin, John M. Griffin, Robert A. Griffin (RBB)
June 12, 2013 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #183 MOTION to Compel by Elizabeth A. Osborn (RBB) Modified on 6/13/2013 to correct judge's name. (RBB).
June 11, 2013 Filing 200 REPLY to Response to Motion re #185 MOTION to Consolidate Cases by Dennis B. Griffin, John M. Griffin, Robert A. Griffin filed by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin. (Hankinson, Thomas)
June 11, 2013 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #183 MOTION to Compel by Elizabeth A. Osborn (RBB)
June 10, 2013 Filing 199 REPLY BRIEF to #183 Reply Memo of Plaintiff in Support of Mtn to Compel Docs and Communications from Defs. Griffin Ind. & Keating Muething & Klekamp filed by Elizabeth A. Osborn. (Attachments: #1 Exhibit Ex. A to Plaintiff's Reply Memo in Support of Mtn to Compel Docs & Communications from Defs Griffin Ind. & Keating Muething & Klekamp - 11-30-10 E-mail from Solimine to Wunderlich, #2 Exhibit Ex. B to Plaintiff's Reply Memo in Support of Mtn to Compel Docs & Communications from Defs Griffin Ind. & Keating Muething & Klekamp - Portions of Roeder's Depo, #3 Exhibit Ex. C to Plaintiff's Reply Memo in Support of Mtn to Compel Docs & Communications from Defs Griffin Ind. & Keating Muething & Klekamp - Title Commitment, #4 Exhibit Ex. D to Plaintiff's Reply Memo in Support of Mtn to Compel Docs and Communications from Defs Griffin Ind. & Keating Muething & Klekamp - Agmt & Plan of Merger, #5 Exhibit Ex. E to Plaintiff's Reply Memo in Support of Mtn to Compel Docs & Communications from Defs Griffin Ind. & Keating Muething & Klekamp - Right-of-Way Easement)(Lewis, Benjamin)
May 28, 2013 Filing 198 RESPONSE in Opposition re #185 MOTION to Consolidate Cases by Dennis B. Griffin, John M. Griffin, Robert A. Griffin filed by Elizabeth A. Osborn. (Attachments: #1 Proposed Order)(Jakubowicz, Janet)
May 28, 2013 Filing 197 NOTICE to Take Deposition of Dennis B. Griffin on June 20, 2013 at 9:00 am by Elizabeth A. Osborn.(Jakubowicz, Janet)
May 28, 2013 Filing 196 NOTICE to Take Deposition of Martin Griffin and Thomas Griffin on June 21, 2013 9:00 am (Martin) / 1:00pm (Thomas) by Elizabeth A. Osborn. (Attachments: #1 Subpoena - Martin Griffin, #2 Subpoena - Thomas Griffin)(Jakubowicz, Janet)
May 28, 2013 NOTICE OF DOCKET MODIFICATION TO Joseph Callow re #194 MOTION to Compel and #195 Response in Opposition to Motion, by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin; attachments were insufficiently described as "Exhibit A," "Exhibit B." Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (RBB)
May 24, 2013 Filing 195 RESPONSE in Opposition re #183 MOTION to Compel by Elizabeth A. Osborn filed by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Callow, Joseph)
May 24, 2013 Filing 194 MOTION to Compel by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin Motions referred to Candace J. Smith. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Proposed Order)(Callow, Joseph)
May 23, 2013 ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #193 Answer to Amended Complaint (RBB)
May 22, 2013 Filing 193 ANSWER to #187 Amended Complaint,,, by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin.(Callow, Joseph)
May 17, 2013 Filing 192 Exhibit and Witness List for Evidentiary Hearing held 5/17/2013(LST)
May 17, 2013 Filing 191 Letter from Joseph M. Callow to Janet P. Jakubowicz Filed Pursuant to #190 Minute Entry (LST)
May 17, 2013 Filing 190 MINUTE ENTRY ORDER FOR MOTION HEARING held on 5/17/2013 before Magistrate Judge Candace J. Smith; 1)Defense counsel's letter of 2/15/2012 to Pla's counsel regarding the first subpoena issued to Griffin Industries, LLC, which letter was provided to the Court during the hearing, shall be filed of record w/these minutes; 2)Pla's #103 Motion to Compel the Production of Documents, Pla's #112 Motion to Compel Martom to Produce Documents and Pla's #135 Motion for Order to Show Cause are taken under submission; 3)Parties to continue w/discovery in this case. The extended discovery and other remaining case pretrial deadlines to be set after the more recently filed and not yet ripe #183 Motion to Compel and #185 Motion to Consolidate Cases has been adjudicated. (Court Reporter JOAN AVERDICK.) Signed by Candace J. Smith. (LST)cc: COR
May 15, 2013 Opinion or Order Filing 189 ORDER; 1)Defs' #153 Motion for Protective Order Prohibiting Deposition of Dennis B. Griffin is denied without prejudice. Signed by Magistrate Judge Candace J. Smith on 5/14/2013. (LST)cc: COR
May 15, 2013 Opinion or Order Filing 188 ORDER; 1)Martom and Defs' #178 Motion for Protective Order Postponing the depositions of Martin Griffin and Thomas Griffin is denied as moot. Signed by Magistrate Judge Candace J. Smith on 5/14/2013. (LST)cc: COR
May 8, 2013 Filing 187 SECOND AMENDED COMPLAINT against Jane Doe, John Doe, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Unknown Others, filed by Elizabeth A. Osborn. Filed Pursuant to #186 Memorandum Order (Attachments: #1 Exhibit 1 - Will and Testament, #2 Exhibit 2 - Trust Agreement, #3 Exhibit 3 - Easement, #4 Exhibit 4 - Amended Complaint - PVA, #5 Exhibit 5 - Special Warranty Deed, #6 Exhibit 6 - Delegation, #7 Exhibit 7 - Quit Claim Deed, #8 Exhibit 8 - Fiduciary Deed, #9 Exhibit 9 - Deed, #10 Exhibit 10 - Deed, #11 Exhibit 11 - Deed, #12 Exhibit 12 - Deed, #13 Exhibit 13 - Deed, #14 Exhibit 14 - Deed, #15 Exhibit 15 - Deed, #16 Exhibit 16 - Deed, #17 Exhibit 17 - Deed, #18 Exhibit 18 - Deed, #19 Exhibit 19 - Deed, #20 Exhibit 20 - Deed)(LST)
May 8, 2013 Opinion or Order Filing 186 MEMORANDUM ORDER; 1)The #151 Motion for Leave to File Second Amended Complaint is granted, and the Second Amended Complaint shall be filed of record. Signed by Magistrate Judge Candace J. Smith on 5/7/2013. (LST)cc: COR
May 3, 2013 Filing 185 MOTION to Consolidate Cases by Dennis B. Griffin, John M. Griffin, Robert A. Griffin Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Hankinson, Thomas)
May 2, 2013 Filing 184 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, by Elizabeth A. Osborn (Lewis, Benjamin) Modified on 5/3/2013 to create a link to related docket entry. (RBB).
May 2, 2013 Filing 183 MOTION to Compel by Elizabeth A. Osborn Motions referred to Candace J. Smith. (Attachments: #1 Memorandum in Support Plaintiff's Memo in Support of Mtn to Compel Production of Docs & Communications by Griffin Ind., Keating Muething & Klekamp, #2 Exhibit Ex. A to Plaintiff's Memo in Support of Mtn to Compel Production of Docs & Communications by Griffin Ind., Keating Muething & Klekamp - Marker Sheet - Filed Under Seal - Portions of Robert Griffin Depo Transcript, #3 Exhibit Ex. B to Plaintiff's Memo in Support of Mtn to Compel Production of Docs & Communications by Griffin Ind., Keating Muething & Klekamp - Portions of John Griffin Depo Transcript, #4 Exhibit Ex. C to Plaintiff's Memo in Support of Mtn to Compel Production of Docs by Griffin Ind., Keating Muething & Klekamp - Commitment, #5 Exhibit Ex. D to Plaintiff's Memo in Support of Mtn to Compel Production of Docs & Communications from Griffin Ind., Keating Muething & Klekamp - E-mail from Solimine to Stevens 11-23-10, #6 Exhibit Ex. E to Plaintiff's Memo in Support of Mtn to Compel Production of Docs & Communications from Griffin Ind., Keating Muething & Klekamp - E-mail from Solimine to Wunderlich 12-3-10, #7 Exhibit Ex. F to Plaintiff's Memo in Support of Mtn to Compel Production of Docs & Communications from Griffin Ind. & Keating Muething & Klekamp - Ltr from Thompson Hine to Griffin Bros. re Escrow Fund, #8 Exhibit Ex. G to Plaintiff's Memo in Support of Mtn to Compel Production of Docs & Communications from Griffin Ind., Keating Muething & Klekamp - Privilege Log - Darling Intl, #9 Exhibit Ex. H to Plaintiff's Memo in Support of Mtn to Compel Productio of Docs & Communications by Griffin Ind., Keating Muething & Klekamp - Keating's 1st Supp Privilege Log, #10 Proposed Order Tendered Order Compelling Production of Docs, Communications by Griffin Ind., Keating Muething & Klekamp)(Lewis, Benjamin)
April 26, 2013 Opinion or Order Filing 182 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 4/26/2013 before Magistrate Judge Candace J. Smith; 1)Pla's #180 Motion for a Pretrial Conference is granted; 2)Matter is scheduled for an ORAL ARGUMENT and possible evidentiary hearing on any then pending discovery motions not involving Thompson Hine, as well as a Status conference on 5/17/2013 at 1:30pm; 3)Any non-party other than Thompson Hine that is the subject of a still pending discovery motion should be prepared to present testimony concerning efforts to comply w/the discovery subpoenas directed to them, should the Court cpnclude that such testimony is needed to adjudicate the motions. (Court Reporter NONE.). Signed by Magistrate Judge Candace J. Smith on 4/26/2013. (LST)cc: COR
April 15, 2013 ***FILE SUBMITTED TO CHAMBERS of Magistrate Judge Candace J. Smith for review: #150 Order, (Status Reports were due 4/12/103) (LST)
April 12, 2013 Opinion or Order Filing 181 ORDER; 1)Matter is set for a TELEPHONE CONFERENCE on 4/19/2013 at 10:00 AM in COVINGTON before Magistrate Judge Candace J. Smith; 2)The Court will initiate the call, but counsel to notify the undersigned's Chambers by close of business on 4/17/2013 as to which attorneys of record will be participating on behalf of that party and the telephone numbers where counsel can be reached.. Signed by Magistrate Judge Candace J. Smith on 4/12/2013.(LST)cc: COR
April 11, 2013 NOTICE RE: DOCUMENT CONVERSION REQUIREMENT TO Janet Jakubowicz re #180 MOTION for Hearing by Elizabeth A. Osborn (Pretrial Conference) ; Error: the pleading was scanned instead of converted into PDF format directly from the native word application. Use a scanner ONLY if you cannot electronically prepare your documents with a word processing software package and convert them to PDF format. No further action required by counsel. cc: COR (LST)
April 10, 2013 Filing 180 MOTION for Hearing by Elizabeth A. Osborn (Pretrial Conference) Motions referred to Candace J. Smith. (Attachments: #1 Exhibit A - 3-8-2013 e-mail exchange between J. Calloway and J. Jakubowicz, #2 Proposed Order on Motion of Plaintiff Elizabeth A. Osborn for a Pretrial Conference)(Jakubowicz, Janet)
April 4, 2013 Filing 179 RESPONSE in Opposition re #178 MOTION for Protective Order by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC filed by Elizabeth A. Osborn. (Attachments: #1 Exhibit Ex. A to Plaintiff's Memo in Opposition to Mtn of Martom, Ind. Defs for Protective Or. Postponing Depos of Martin, Thomas Griffin - 11-1-12 Ltr to Jakubowicz fm Callow - no conflict with Roeder, #2 Exhibit Ex. B to Plaintiff's Memo in Opposition to Mtn of Martom, Ind. Defs for Protective Or. Postponing Depos of Martin, Thomas Griffin - 11-16-12 E-mail to Counsel fm Callow - will get dates, #3 Exhibit Ex. C to Plaintiff's Memo in Opposition to Mtn of Martom, Ind. Defs for Protective Or. Postponing Depos of Martin, Thomas Griffin - 1-11-13 E-mail to Counsel fm Callow - will accept subpoenas, #4 Exhibit Ex. D to Plaintiff's Memo in Opposition to Mtn of Martom, Ind. Defs for Protective Or. Postponing Depos of Martin, Thomas Griffin - 1-28-13 E-mail to Counsel fm Callow - filing mtn for protective or., #5 Exhibit Ex. E to Plaintiff's Memo in Opposition to Mtn of Martom, Ind. Defs for Protective Or. Postponing Depos of Martin, Thomas Griffin - 1-15-13 E-mail to Counsel fm Jakubowicz - renewed req for dates, #6 Exhibit Ex. F to Plaintiff's Memo in Opposition to Mtn of Martom, Ind. Defs for Protective Or. Postponing Depos of Martin, Thomas Griffin - 1-28-13 E-mail to Counsel fm Jakubowicz - will move for sanctions, #7 Proposed Order Tendered Order disallowing Protective Order Postponing Depos of Martin, Thomas Griffin)(Jakubowicz, Janet)
April 1, 2013 Filing 178 MOTION for Protective Order by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC Motions referred to Candace J. Smith. (Attachments: #1 Exhibit A, March 12, 2103 email from Callow, #2 Exhibit B, March 13, 2013 email exchange between Callow and Jakubowicz, #3 Exhibit C, March 15, 2013 email from Jakubowicz, #4 Exhibit D, March 22, 2013 email from Jakubowicz, #5 Exhibit E, March 28, 2013 email exchange between Callow and Jackubowicz, #6 Proposed Order Text of Proposed Order)(Callow, Joseph)
March 20, 2013 Filing 177 FIRST NOTICE to Take Deposition of Thomas Griffin & Martin Griffin on April 2, 3013 9:00 a.m. by Elizabeth A. Osborn.(Jakubowicz, Janet)
March 14, 2013 Opinion or Order Filing 176 ORDER; 1)The Court finding a second step-two conference on the issue would not be productive, the Pla may proceed to motion practice on this issue if desired. Signed by Magistrate Judge Candace J. Smith on 3/14/2013.(LST)cc: COR
March 7, 2013 Filing 175 RESPONSE to #170 Plaintiff's Response to Defs' Supp Brief re Changed Issues in Prior Briefing if Court Allows 2nd Amended Cmplt filed by Elizabeth A. Osborn. (Attachments: #1 Exhibit Ex. A to Plaintiff's Response to Defs' Supp Brief re Changed Issues - Ltr from Callow to Lewis re staying discovery)(Lewis, Benjamin)
March 7, 2013 NOTICE OF DOCKET MODIFICATION TO Benjamin Lewis re #173 Response in Support of Motion; Error: The reply #174 was incorrectly filed using the event "response." Entry by attorney. Clerk modified the docket text of #173 to state "incorrectly filed". Clerk filed the reply as #174 ; In the future, contact the ECF help desk when assistance is needed to select the correct event. No further action required by counsel. cc: COR (TED)
March 7, 2013 ***MOTION SUBMITTED TO CHAMBERS of MAGISTRATE SMITH for review: re #151 MOTION for Leave by Elizabeth A. Osborn For Leave to File Second Amended Complaint (TED)
March 6, 2013 Filing 174 REPLY to Response to Motion re #151 MOTION for Leave by Elizabeth A. Osborn For Leave to File Second Amended Complaint filed by Elizabeth A. Osborn. FILED pursuant to QC #173 (Attachments: #1 Exhibit A to Plaintiff's Reply in Support of Mtn to File 2nd Amended Complaint, #2 Exhibit B to Plainiff's Reply in Support of Mtn to File 2nd Amended Complaint)(TED) Modified typo on 3/8/2013 (TED).
March 6, 2013 Filing 173 INCORRECTLY FILED RESPONSE in Support re #151 MOTION for Leave by Elizabeth A. Osborn For Leave to File Second Amended Complaint filed by Elizabeth A. Osborn. (Attachments: #1 Exhibit Ex. A to Plaintiff's Reply in Support of Mtn to File 2nd Amended Cmplt - John M. Griffin's 1st Amend Responses to Plaintiff's 2nd Interrog, #2 Exhibit Ex. B to Plaintiff's Reply in Support of Mtn to File 2nd Amended Cmplt - Portions of John M. Griffin Depo)(Lewis, Benjamin) Modified text and remove docket entry relationshp on 3/7/2013 (TED). SEE DE #174 for correct entry for this pleading.
February 27, 2013 Opinion or Order Filing 172 AGREED ORDER; 1)Pla, Elizabeth A. Osborn to have to and including March 6, 2013 to file a Reply in Support of her #151 Motion for Leave to file a Second Amended Complaint. Signed by Magistrate Judge Candace J. Smith on 2/26/2013.(LST)cc: COR
February 26, 2013 ***FILE SUBMITTED TO CHAMBERS of Magistrate Judge Candace J. Smith for review: re #171 Proposed Agreed Order/Stipulation by Elizabeth A. Osborn (LST)
February 25, 2013 Filing 171 Proposed Agreed Order/Stipulation to File a Reply in Support of her Motion for Leave to File a Second Amended Complaint by 3/6/2013 by Elizabeth A. Osborn. (Lewis, Benjamin) Modified to better describe on 2/26/2013 (LST).
February 25, 2013 ***FILE SUBMITTED TO CHAMBERS of Magistrate Judge Candace J. Smith for review: #170 Notice of Filing Defendants', Supplemental Brief Regarding Changed Issues in Prior Briefing if th eCourt Allows a Second Amended Complaint (LST)
February 22, 2013 Filing 170 NOTICE OF FILING by John M. Griffin, Dennis B. Griffin, Robert A. Griffin, Martom Properties, LLC, Griffin Industries Defendants', Martom Properties' and Griffin Industries' Supplemental Brief Regarding Changed Issues in Prior Briefing If The Court Allows A Second Amended Complaint (Hankinson, Thomas) Modified to add filers on 2/25/2013 (LST).
February 14, 2013 Filing 169 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 2/14/2013 before Magistrate Judge Candace J. Smith. Defs to notify chambers by 2/22/2013 of the date their clients and counsel for Darling Industries can provide outstanding privilege logs to ptff. The Bingham Greenebaum Doll law firm will produce a privilege log on the same date as Defs w/o the need for a subpoena. Upon notification of when the privilege logs will be produced, the Court will set a further briefing schedule for the anticipated motion discussed during phone conf. (Court Reporter None.) (TJZ)cc: COR
February 8, 2013 Filing 168 RESPONSE in Opposition re #151 MOTION for Leave by Elizabeth A. Osborn For Leave to File Second Amended Complaint filed by John M. Griffin. (Hankinson, Thomas)
February 8, 2013 Filing 167 MINUTE ENTRY/ORDER FOR TELEPHONE CONFERENCE held on 2/7/2013 before Magistrate Judge Candace J. Smith; 1)A Step-Two TELEPHONE CONFERENCE is set for 2/12/2013 at 03:00 PM; 2)The Court will initiate the call utilizing the contact information from yesterday's conference; 3)If counsel requests a different number be used, they should notify Chambers by noon on 2/11/2013; 4)Defs to provide the list of authorities to the Court, via email and copied to all counsel of record by close of business on 2/8/2013 (Court Reporter NONE.) Signed by Candace J. Smith. (LST)cc: COR
February 7, 2013 ***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Candace J. Smith for review: re #153 MOTION for Protective Order by Dennis B. Griffin, John M. Griffin, Robert A. Griffin (LST)
February 7, 2013 NOTICE OF DOCKET MODIFICATION TO Thomas Hankinson re #165 Response in Support of Motion; Error: the Reply to #153 was incorrectly filed using the event "Response in Support of Motion"; Entry by attorney; Correction: Clerk modified the docket text of #165 to state "incorrectly filed." Clerk filed the reply as #166 ; In the future, contact the ECF help desk when assistance is needed to select the correct event. No further action required by counsel. cc: COR (LST)
February 6, 2013 Filing 166 REPLY to #153 MOTION for Protective Order by Dennis B. Griffin, John M. Griffin, Robert A. Griffin filed by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin. Filed Pursuant to QC re #165 (LST)
February 6, 2013 Filing 165 INCORRECTLY FILED AS RESPONSE in Support re #153 MOTION for Protective Order by Dennis B. Griffin, John M. Griffin, Robert A. Griffin filed by John M. Griffin. (Hankinson, Thomas) Please see docket entry #166 for the CORRECT ENTRY for this pleading Modified text on 2/7/2013 (LST).
February 1, 2013 Filing 164 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 1/31/2013 before Magistrate Judge Candace J. Smith; 1)Martom Properties and Griffin Industries to file a supplement to their Responses to the pending Motions to Compel, which supplement is to be filed by not later than the due date for Pla's Reply to Defs' Response to her Motion for Leave to Amend, and is limited to the changes presented by the Second Amended Complaint, in the event Pla is permitted to amend; 2)A STEP-TWO TELEPHONE CONFERENCE is set for 2/7/2013 at 01:00 PM in COVINGTON before Magistrate Judge Candace J. Smith. The Court will initate the call utilizaing the contact information from this status conference (with the exception of Attorney Butler, who will not be a part of the February 7 call). If counsel requests a different number be used, they should notify Chambers by 12N on 2/6/2013. Counsel to submit to Chambers a two-page summary stating their position on each of the issues by close of business on Monday, February 4, 2013. The summaries to be submitted via email and not be filed of record but should be copied to all other counsel of record. Signed by Candace J. Smith. (LST)cc: COR
February 1, 2013 ***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Candace J. Smith for review: re #135 MOTION for Order to Show Cause by Elizabeth A. Osborn (LST)
January 31, 2013 Filing 163 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order by Elizabeth A. Osborn (Lewis, Benjamin) Modified to clean up docket text on 2/1/2013 (LST).
January 31, 2013 Filing 162 REPLY to #135 in Support of Plaintiff Betsy Osborn's Motion to Show Cause Why Griffin Industries Should Not Be Held In Contempt of Court and Sanctioned filed by Elizabeth A. Osborn. (Attachments: #1 Exhibit A - Sealed Document, #2 Exhibit B - September 27, 2012 Letter to The Honorable Candace J. Smith From Joseph M. Callow Jr., #3 Exhibit C - Questions to Chris Griffin)(Lewis, Benjamin)
January 29, 2013 Opinion or Order Filing 161 VIRTUAL ORDER; 1)Granting #152 MOTION for Status Conference; 2)A TELEPHONIC STATUS CONFERENCE is set for 1/31/2013 at 03:30 PM in COVINGTON before Magistrate Judge Candace J. Smith; 3)The Court will initate the call utilizing the docket sheet contact information; 4)If counsel participating in the conference request a dfferent telephone number be used, he/she should notify Chambers no later than 12N on 1/30/2013. Signed by Magistrate Judge Candace J. Smith on 1/29/2013.(LST)cc: COR
January 29, 2013 Opinion or Order Filing 160 AGREED ORDER; 1)Pla, Elizabeth A. Osborn shall have to and including 1/31/2013 to file a Reply in Support of her #135 Motion to Show Cause. Signed by Magistrate Judge Candace J. Smith on 1/29/2013.(LST)cc: COR
January 29, 2013 ***FILE SUBMITTED TO CHAMBERS of Magistrate Judge Candace J. Smith for review: re #159 Proposed Agreed Order/Stipulation to File a Reply in Support of her #135 Motion to Show Cause by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Elizabeth A. Osborn (LST) Modified text on 1/29/2013 (LST).
January 28, 2013 Filing 159 Proposed Agreed Order/Stipulation to File a Reply in Support of her #135 Motion to Show Cause by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Elizabeth A. Osborn. (Lewis, Benjamin) Modified to better describe on 1/29/2013 (LST).
January 28, 2013 ***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Candace J. Smith for review: re #152 MOTION for Status Conference by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Griffin Industries, LLC, Martom Properties, LLC (LST)
January 25, 2013 Filing 158 REPLY to Response to Motion re #152 MOTION for Status Conference by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Griffin Industries, LLC, Martom Properties, LLC filed by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Griffin Industries, LLC, Martom Properties, LLC. (Hankinson, Thomas)
January 23, 2013 Filing 157 RESPONSE to Motion re #152 MOTION for Status Conference by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Griffin Industries, LLC, Martom Properties, LLC Osborn Adv. Griffin - Osborn's Response to Mtn for Status Conf re Discovery Schedule, Discovery Mtns filed by Elizabeth A. Osborn. (Attachments: #1 Exhibit Osborn Adv. Griffin. Ex. 1 to Osborn's Response to Mtn for Status Conf - (Marked - Filed Under Seal) - Portions of John Griffin's Depo, #2 Exhibit Osborn Adv. Griffin - Ex. 2 to Osborn's Response to Mtn for Status Conf - E-mails between Callow & Jakubowicz, #3 Proposed Order Osborn Adv. Griffin.Tendered Order disallowing Mtn for Status Conf)(Jakubowicz, Janet)
January 23, 2013 Filing 156 RESPONSE to Motion re #153 MOTION for Protective Order by Dennis B. Griffin, John M. Griffin, Robert A. Griffin Memo of Betsy Osborn in Opposition to Defs' Mtn for Protective Order Prohibiting Depo of Dennis Griffin filed by Elizabeth A. Osborn. (Attachments: #1 Exhibit Osborn Adv. Griffin.Ex. 1 to Osborn's Memo in Opposition to Defs' Mtn for Protective Order Prohibiting Depo of Dennis Griffin - E-mails between Callow & Jakubowicz, #2 Exhibit Osborn Adv. Griffin - Ex. 2 to Osborn's Memo in Opposition to Defs' Mtn for Protective Order prohibiting Depo of Dennis Griffin - E-mails between Callow & Jakubowicz, #3 Exhibit Osborn Adv. Griffin - Ex. 3 Marker (filed under seal) to Osborn's Memo in Opposition to Defs' Mtn for Protective Order prohibiting Depo of Dennis Griffin - Portions of John Griffin's Depo, #4 Exhibit Osborn Adv. Griffin - Ex. 4 to Osborn's Memo in Opposition to Defs' Mtn for Protective Order prohibiting Depo of Dennis Griffin - Notice to Take Video Depo of Dennis Griffin, #5 Proposed Order Osborn Adv. Griffin - Tendered Order Denying Def's Mtn for Protective Order)(Jakubowicz, Janet)
January 23, 2013 Filing 155 NOTICE to Take Deposition of Tommy Griffin at 9:00am and Marty Griffin at 1:00pm on January 30, 2013 by Elizabeth A. Osborn.(Jakubowicz, Janet)
January 23, 2013 ***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Candace J. Smith for review: re #147 MOTION for Leave by Elizabeth A. Osborn To File Surreply in Opposition to Defendants' Motion to Quash (LST)
January 22, 2013 Filing 154 REPLY to #147 in Support of Plaintiff's Motion for Leave to File Surreply in Opposition to Defendants' Motion to Quash Plaintiff's Subpoena to Thompson Hine filed by Elizabeth A. Osborn. (Jakubowicz, Janet)
January 21, 2013 Filing 153 MOTION for Protective Order by Dennis B. Griffin, John M. Griffin, Robert A. Griffin Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order Granting Defs.' Mot. for a Protective Order)(Hankinson, Thomas)
January 18, 2013 Filing 152 MOTION for Status Conference by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Griffin Industries, LLC, Martom Properties, LLC Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order Granting Motion for Status Conference)(Hankinson, Thomas)
January 15, 2013 Filing 151 MOTION for Leave by Elizabeth A. Osborn For Leave to File Second Amended Complaint Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order, #2 Exhibit A - Second Amended Complaint, #3 Exhibit 1 to Second Amended Complaint-Will & Testament, #4 Exhibit 2 to Second Amended Complaint-Trust Agreement, #5 Exhibit 3 to Second Amended Complaint-Easement, #6 Exhibit 4 to Second Amended Complaint-PVA, #7 Exhibit 5 to Second Amended Complaint-Special Warranty Deed, #8 Exhibit 6 to Second Amended Complaint-Delegation, #9 Exhibit 7 to Second Amended Complaint-Quit Claim Deed, #10 Exhibit 8 to Second Amended Complaint-Fiduciary Deed, #11 Exhibit 9 to Second Amended Complaint-Deed, #12 Exhibit 10 to Second Amended Complaint - Deed, #13 Exhibit 11 to Second Amended Complaint - Deed, #14 Exhibit 12 to Second Amended Complaint-Deed, #15 Exhibit 13 to Second Amended Complaint - Deed, #16 Exhibit 14 to Second Amended Complaint - Deed, #17 Exhibit 15 to Second Amended Complaint - Deed, #18 Exhibit 16 to Second Amended Complaint - Deed, #19 Exhibit 17 to Second Amended Complaint - Deed, #20 Exhibit 18 to Second Amended Complaint-Deed, #21 Exhibit 19 to Second Amended Complaint - Deed, #22 Exhibit 20 to Second Amended Complaint - Deed)(Lewis, Benjamin)
January 14, 2013 Opinion or Order Filing 150 AGREED ORDER; 1)The discovery cut-off date is extended to 4/12/2013, w/status reports due the same date; 2)In addition, the dispositive motion deadline is extended to 5/13/2013. Signed by Magistrate Judge Candace J. Smith on 1/14/2013.(LST)cc: COR
January 14, 2013 Filing 149 RESPONSE in Opposition re #147 MOTION for Leave by Elizabeth A. Osborn To File Surreply in Opposition to Defendants' Motion to Quash filed by Dennis B. Griffin, John M. Griffin, Robert A. Griffin. (Hankinson, Thomas)
January 11, 2013 Filing 148 SEALED DOCUMENT re #147 MOTION for Leave to File Surreply in Opposition to Defendants' Motion to Quash Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order by Elizabeth A. Osborn (Lewis, Benjamin) Modified to cleanup text on 1/14/2013 (TED). Modified to better describe on 2/24/2014 (LST).
January 11, 2013 Filing 147 MOTION for Leave by Elizabeth A. Osborn To File Surreply in Opposition to Defendants' Motion to Quash Motions referred to Candace J. Smith. (Attachments: #1 Exhibit 1 - Surreply of Plaintiff Elizabeth A. Osborn in Opposition to Defendants' Motion to Quash Plaintiff's Subpoena to Thompson Hine, #2 Exhibit A to Surreply - Fourth Amendment to January 20, 1967 Trust Agreement, #3 Proposed Order)(Lewis, Benjamin)
January 9, 2013 Filing 146 RESPONSE in Opposition re #135 MOTION for Order to Show Cause by Elizabeth A. Osborn filed by Griffin Industries, LLC. (Attachments: #1 Affidavit Jan. 8, 2012 Declaration of Christopher A. Griffin, #2 Exhibit A, Pl.'s Discovery Responses, #3 Exhibit B, April 12, 2012 Letter to Hankinson, #4 Exhibit C, April 9, 2012 Letter to Jakubowicz)(Hankinson, Thomas)
January 8, 2013 ***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Candace J. Smith for review: re #145 Proposed Agreed Order/Stipulation to extend deadlines by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Elizabeth A. Osborn, Unknown Others (LST)
January 7, 2013 Filing 145 Proposed Agreed Order/Stipulation to extend deadlines by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Elizabeth A. Osborn, Unknown Others. (Jakubowicz, Janet)
December 26, 2012 Opinion or Order Filing 144 VIRTUAL ORDER; 1) granting #140 Motion to Withdraw as Attorney; 2)The Court Clerk to term Attorney Louis F. Solimine designation on the case docket as co-counsel of record for Thompson Hine LLP and remove him from the case service list. Signed by Magistrate Judge Candace J. Smith on 12/26/2012. (LST)cc: COR
December 26, 2012 Opinion or Order Filing 143 AGREED ORDER; 1)Griffin Industries to have to and including January 9, 2012 to file their Opposition to Pla's #135 Motion to Show Cause Why Griffin Industries should not be held in Contempt of Court and Sanctioned. Signed by Magistrate Judge Candace J. Smith on 12/26/2012.(LST)cc: COR
December 26, 2012 ***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Candace J. Smith for review: re #110 MOTION to Quash by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin Regarding Plaintiff's Subpoena to Thompson Hine (LST)
December 21, 2012 Filing 142 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order by Dennis B. Griffin, John M. Griffin, Robert A. Griffin (Hankinson, Thomas) Modified to clean up docket text on 2/24/2014 (LST).
December 21, 2012 Filing 141 REPLY to #110 Motion to Quash Regarding Plaintiff's Subpoena to Thompson Hine filed by Dennis B. Griffin, John M. Griffin, Robert A. Griffin. (Attachments: #1 Exhibit A, Settlement Agreement (filed under seal))(Hankinson, Thomas) Modified to better describe on 12/26/2012 (LST).
December 21, 2012 Filing 140 MOTION to Withdraw as Attorney by Thompson Hine, LLP of Louis F. Solimine Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Ramundo, Kimberly)
December 21, 2012 ***FILE SUBMITTED TO CHAMBERS of Magistrate Judge Candace J. Smith for review: re #139 Proposed Agreed Order/Stipulation for extension of time to file response to #135 Motion to Show Cause by Griffin Industries, LLC (LST)
December 20, 2012 Filing 139 Proposed Agreed Order/Stipulation for extension of time to file response to #135 Motion to Show Cause by Griffin Industries, LLC. (Hankinson, Thomas) Modified to better describe on 12/21/2012 (LST).
December 20, 2012 Filing 138 NOTICE to Take Deposition of Dennis B. Griffin on January 22, 2013 at 9:30 a.m. by Elizabeth A. Osborn.(Jakubowicz, Janet)
December 18, 2012 NOTICE OF DOCKET MODIFICATION TO Benjamin Lewis re #136 Memorandum in Support of Motion; the reply to #112 was incorrectly filed using the event "Memorandum in Support." Entry by attorney; Clerk modified the docket text of #136 to state, "incorrectly filed." Clerk filed the response as #137 ; In the future, contact the ECF help desk when assistance is needed to select the correct event. No further action required by counsel. cc: COR (LST)
December 18, 2012 ***MOTION SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: re #112 MOTION to Compel by Elizabeth A. Osborn Plaintiff's Motion to Compel Martom to Produce Documents (LST)
December 17, 2012 Filing 137 REPLY MEMORANDUM in Support of #112 MOTION to Compel the Production of Documents from Martom Properties, LLC filed by Elizabeth A. Osborn. Filed Pursuant to QC re #136 (LST)
December 17, 2012 Filing 136 INCORRECTLY FILED AS MEMORANDUM in Support of Motion re #112 MOTION to Compel by Elizabeth A. Osborn Plaintiff's Motion to Compel Martom to Produce Documents Osborn Adv. Griffin - Plaintiff's Reply Memo in Support of Motion to Compel Documents from Martom filed by Elizabeth A. Osborn. (Lewis, Benjamin) Please see docket entry #137 for the CORRECT ENTRY for this pleading Modified to add Incorrectly filed as on 12/18/2012 (LST).
December 10, 2012 NOTICE OF DOCKET MODIFICATIONS TO Benjamin Lewis re #132 Response in Support of Motion; ERROR 1: The Reply to #103 was incorrectly filed using the event "Response to Motion." Entry by attorney; Clerk modified the docket text of #132 to state "incorrectly filed." Clerk filed the reply as #134 ; In the future, contact the ECF held desk when assistance is needed to select the correct event. No further action required as to ERROR 1. ERROR 2: re: #132 ; This is a Response AND a Motion. The pleading was filed only as to a response when the document should be filed as two separate entries; Entry by attorney; Clerk refiled the pleadings as a Reply #134 and a Motion #135 . In the future when filing multiple pleadings within one filing, please refer to the ECF User Manual 'Filing Other Types of Documents' for the correct procedure. No further steps required by counsel as to ERROR 2. cc: COR (ECO)
December 7, 2012 ***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Candace J. Smith for review: re #103 MOTION to Compel by Elizabeth A. Osborn the Production of Documents by Griffin Industries, LLC (LST)
December 7, 2012 Filing 135 MOTION to Show Cause Why Griffin Industries Should Not be Held in Contempt of Court and Sanctioned by Elizabeth A. Osborn. Motions referred to Candace J. Smith. (Attachments: #1 Exhibit Osborn Adv. Griffin.Ex.A Marker (Under Seal) Griffin Ind. Minutes of Bd. Mtg. 3-16-78, #2 Exhibit Osborn Adv.Griffin Ex.B Marker (Under Seal) Appraisal of Griffin Ind., #3 Exhibit Osborn Adv.Griffin.Ex.C Marker (Under Seal) Griffin Ind. Minutes of Bd.Mtg. 3-17-81, #4 Exhibit Osborn Adv.Griffin.Ex.E Marker (Under Seal) Griffin Ind. Financial Stmt 12-31-90 & 1989, #5 Proposed Order Proposed Order Osborn Adv.Griffin.Tendered Order Granting Pltf's Mtn to Compel, Mtn for Show Cause) (Filed pursuant to QC DE #132 ).(ECO) (Additional attachment(s) added on 12/10/2012: #6 Exhibit Osborn Adv.Griffin.Ex.D Marker (Under Seal) Form 720S for 1990) (ECO).
December 7, 2012 Filing 134 REPLY MEMORANDUM IN SUPPORT OF #103 MOTION to Compel the Production of by Elizabeth A. Osborn the Production of Documents by Griffin Industries, LLC filed by Elizabeth A. Osborn. (Attachments: #1 Exhibit Osborn Adv.Griffin.Ex.A Marker (Under Seal) Griffin Ind. Minutes of Bd. Mtg. 3-16-78, #2 Exhibit Osborn Adv. Griffin.Ex.B Marker (Under Seal)Appraisal of Griffin Ind. #3 Exhibit Osborn Adv.Griffin.Ex.C Marker (Under Seal) Griffin Ind. Minutes of Bd. Mtg. 3-17-81, #4 Exhibit Osborn Adv. Griffin.Ex. D Marker (Under Seal) Form 720S for 1990, #5 Exhibit Osborn Adv. Griffin.Ex. E Marker (Under Seal) Griffin Ind. Financial Stmt 12-31-90 & 1989, #6 Proposed Order Osborn Adv. Griffin.Tendered Order Granting Pltf's Mtn to Compel, Mtn for Show Cause) (Filed pursuant to QC DE #132 ). (ECO) Modified on 12/10/2012 (ECO).
December 7, 2012 Filing 133 SEALED DOCUMENT re: #134 #135 Sealed pursuant to LEAVE OF COURT re #55 Protective Order by Elizabeth A. Osborn (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, (4) Exhibit, #5 Exhibit (Lewis, Benjamin) Modified to add links on 12/10/2012 (ECO). Modified to clean up docket text on 2/24/2014 (LST).
December 7, 2012 Filing 132 INCORRECTLY FILED AS RESPONSE" in Support re MOTION to Compel and MOTION TO SHOW CASE" by Elizabeth A. Osborn the Production of Documents by Griffin Industries, LLC Osborn Adv. Griffin.Plaintiff's Reply Memo in Support of Mtn to Compel Production by Griffin Ind., Mtn and Memo in Support of Mtn to Show Cause filed by Elizabeth A. Osborn. (Attachments: #1 Exhibit Osborn Adv. Griffin.Ex. A Marker (Under Seal) Griffin Ind. Minutes of Bd. Mtg. 3-16-78, #2 Exhibit Osborn Adv. Griffin.Ex. B Marker (Under Seal) Appraisal of Griffin Ind., #3 Exhibit Osborn Adv. Griffin.Ex. C Marker (Under Seal) Griffin Ind. Minutes of Bd. Mtg. 3-17-81, #4 Exhibit Osborn Adv. Griffin.Ex. D Marker (Under Seal) Form 720S for 1990, #5 Exhibit Osborn Adv. Griffin.Ex. E Marker (Under Seal) Griffin Ind. Financial Stmt 12-31-90 & 1989, #6 Proposed Order Osborn Adv. Griffin.Tendered Order Granting Plaintiff's Mtn to Compel, Mtn for Show Cause)"PLEASE SEE DOCKET ENTRIES #134 and #135 for the CORRECT ENTRIES for these pleadings".(Lewis, Benjamin) Modified text to add Incorrectly Filed on 12/10/2012 (ECO).
December 5, 2012 Filing 131 SEALED DOCUMENT Sealed pursuant to LEAVE OF COURT re #55 Protective Order, by Elizabeth A. Osborn (Attachments: #1 Exhibit) (Lewis, Benjamin) Modified to clean up docket text on 2/24/2014 (LST).
December 5, 2012 Filing 130 RESPONSE in Opposition re #110 MOTION to Quash by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin Regarding Plaintiff's Subpoena to Thompson Hine, #98 MOTION to Compel by Elizabeth A. Osborn the Production of Documents From Thompson Hine LLP Osborn Adv. Griffin.Plaintiff's Memo in Opposition to Defendants' Mtn to Quash Subpoena filed by Elizabeth A. Osborn. (Attachments: #1 Exhibit Osborn Adv. Griffin.Ex. A (Filed Under Seal Marker) to Plaintiff's Memo in Opposition to Defendants' Mtn to Quash Subpoena - portions of John Griffin Depo, #2 Exhibit Osborn Adv. Griffin.Ex. B to Plaintiff's Memo in Opposition to Defendants' Mtn to Quash Subpoena - 11-21-12 E-mail fm Butler to Jakubowicz re discovery, #3 Proposed Order Osborn Adv. Griffin.Tendered Order Compelling Discovery From Defendants)(Lewis, Benjamin)
December 3, 2012 Opinion or Order Filing 129 AGREED ORDER; 1)Pla, Elizabeth A. Osborn to have to and including 12/5/2012 to file a Response to Def's #110 MOTION to Quash Plaintiff's Subpoena to Thompson Hine; 2)Defs to have to and including 12/21/2012 to file a Reply in Support of their Motion to Quash. Signed by Magistrate Judge Candace J. Smith on 12/3/2012.(LST)cc: COR Modified typo on 12/4/2012 (TED).
November 30, 2012 Filing 128 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, re #127 RESPONSE in re #112 MOTION to Compel by Martom Properties, LLC (Attachments: #1 Exhibit A, P&L Statements 1995-2010, #2 Exhibit B, Contemporaneous Annual P&Ls 1995-2011, #3 Exhibit C, Contemporaneous Balance Sheets 1995-2011, #4 Exhibit D, Example Check Stubs and Deposit Slips 1995-2011, #5 Exhibit E, Example Martom Loan Records, #6 Exhibit F, List of Real Property Purchased July 1995, #7 Exhibit G, Martom Schedule of Changes in Rent) (Hankinson, Thomas) Modified on 2/24/2014 (LST).
November 30, 2012 Filing 127 RESPONSE in Opposition re #112 MOTION to Compel by Elizabeth A. Osborn Plaintiff's Motion to Compel Martom to Produce Documents filed by Martom Properties, LLC. (Attachments: #1 Exhibit A, P&L Statements 1995-2010 (Filed Under Seal), #2 Exhibit B, Contemporaneous Annual P&Ls 1995-2011 (Filed Under Seal), #3 Exhibit C, Contemporaneous Balance Sheets 1995-2011 (Filed Under Seal), #4 Exhibit D, Check Stubs and Deposit Slips 1995-2011 (Filed Under Seal), #5 Exhibit E, Example Martom Loan Records (Filed Under Seal), #6 Exhibit F, List of Real Property Purchased July 1995 (Filed Under Seal), #7 Exhibit G, Martom Schedule of Changes in Rent (Filed Under Seal))(Hankinson, Thomas)
November 30, 2012 ***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Candace J. Smith for review: re #126 Proposed Agreed Order/Stipulation by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Elizabeth A. Osborn, Unknown Others (LST)
November 29, 2012 Filing 126 Proposed Agreed Order/Stipulation Extending time to file A response by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Elizabeth A. Osborn, Unknown Others. (Lewis, Benjamin) Modified to better describe on 11/30/2012 (LST).
November 28, 2012 Filing 125 RESPONSE in Support re #98 MOTION to Compel by Elizabeth A. Osborn the Production of Documents From Thompson Hine LLP filed by Elizabeth A. Osborn. (Attachments: #1 Exhibit A - November 21, 2012 E-Mail from Stephen Butler to Janet Jakubowicz)(Jakubowicz, Janet)
November 28, 2012 Opinion or Order Filing 124 AGREED ORDER; 1)Pla, Elizabeth A. Osborn to have up to and including November 28, 2012 to file a Reply in Support of her #98 MOTION to Compel the Production of Documents from Thompson Hine LLP. Signed by Magistrate Judge Candace J. Smith on 11/28/2012.(LST)cc: COR
November 27, 2012 Filing 123 NOTICE TO ATTORNEY Louis F. Solimne by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: #1 Attorney Update Sheet)(LST)
November 27, 2012 ***FILE SUBMITTED TO CHAMBERS of Magistrate Judge Candace J. Smith for review: re #122 Proposed Agreed Order/Stipulation by Elizabeth A. Osborn (LST)
November 26, 2012 Filing 122 Proposed Agreed Order/Stipulation for Plaintiff to file a Reply in Support of Motion to Compel by Elizabeth A. Osborn. (Lewis, Benjamin) Modified to better describe on 11/27/2012 (LST).
November 21, 2012 NOTICE OF DOCKET MODIFICATION TO Thomas Hankinson re #120 Response in Opposition to Motion; Error: attachments I, L and M were insufficiently described as "Exhibit"; Entry by attorney; Correction: the Clerk renamed attachments I, L and M. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct); No further action required by counsel. cc: COR (LST)
November 20, 2012 Filing 121 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order re #129 RESPONSE in Opposition re #103 MOTION to Compel by Griffin Industries, LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C (Part 1 of 3), #4 Exhibit C (Part 2 of 3), #5 Exhibit C (Part 3 of 3), #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit J, #12 Exhibit K) (Hankinson, Thomas) Modified to clean up docket text on 2/24/2014 (LST).
November 20, 2012 Filing 120 RESPONSE in Opposition re #103 MOTION to Compel by Elizabeth A. Osborn the Production of Documents by Griffin Industries, LLC filed by Griffin Industries, LLC. (Attachments: #1 Affidavit of Christopher A. Griffin, #2 Exhibit A (Filed Under Seal), #3 Exhibit B (Filed Under Seal), #4 Exhibit C (Filed Under Seal), #5 Exhibit D (Filed Under Seal), #6 Exhibit E (Filed Under Seal), #7 Exhibit F (Filed Under Seal), #8 Exhibit G (Filed Under Seal), #9 Exhibit H (Filed Under Seal), #10 Exhibit I - Excerpt of Deposition of John M. Griffin, #11 Exhibit J (Filed Under Seal), #12 Exhibit K (Filed Under Seal), #13 Exhibit L - Agreement and Plan of Merger, #14 Exhibit M - Plaintiff's Answers, Responses and Objections)(Hankinson, Thomas) Modified to describe exhibits on 11/21/2012 (LST).
November 20, 2012 Opinion or Order Filing 119 ORDER; 1)The construed #118 Motion to Withdraw as Counsel is granted; 2)Mark T. Hayden's designation on the case docket as co-counsel of record for Pla shall be termed by the Court Clerk and he shall be removed from the case service list. Signed by Magistrate Judge Candace J. Smith on 11/20/2012.(LST)cc: COR
November 20, 2012 ***FILE SUBMITTED TO CHAMBERS of Magistrate Judge Candace J. Smith for review: #118 Notice of Withdrawal of Counsel (LST)
November 19, 2012 Filing 118 NOTICE by Elizabeth A. Osborn of Withdrawal of Counsel (Hayden, Mark)
November 13, 2012 NOTICE OF DEFICIENCY TO Thomas Hankinson re #110 MOTION to Quash by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin Regarding Plaintiff's Subpoena to Thompson Hine; Signature on document and filer do not match; Entry by attorney; the name of the Filing User under whose login and password the document is filed must be typed in the space where the signature would otherwise appear No further action required by counsel. cc: COR (LST)
November 9, 2012 Filing 117 SEALED DOCUMENT Sealed pursuant to LEAVE OF COURT re #55 Protective Order by Elizabeth A. Osborn (Lewis, Benjamin) Modified to clean up docket text on 2/24/2014 (LST).
November 9, 2012 Filing 116 SEALED DOCUMENT Sealed pursuant to LEAVE OF COURT re #55 Protective Order by Elizabeth A. Osborn (Lewis, Benjamin) Modified to clean up docket text on 2/24/2014 (LST).
November 9, 2012 Filing 115 SEALED DOCUMENT Sealed pursuant to LEAVE OF COURT re #55 Protective Order by Elizabeth A. Osborn (Lewis, Benjamin) Modified to clean up docket text on 2/24/2014 (LST).
November 9, 2012 Filing 114 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order re #110 MOTION to Quash filed by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin (Attachments: #1 Exhibit Corrected Exhibit 3) (Hankinson, Thomas) Modified to clean up docket text on 2/24/2014 (LST).
November 9, 2012 Filing 113 SEALED DOCUMENT Sealed pursuant to LEAVE OF COURT re #55 Protective Order by Elizabeth A. Osborn (Lewis, Benjamin) Modified to clean up docket text on 2/24/2014 (LST).
November 9, 2012 Filing 112 MOTION to Compel by Elizabeth A. Osborn Plaintiff's Motion to Compel Martom to Produce Documents Motions referred to Candace J. Smith. (Attachments: #1 Memorandum in Support Osborn Adv. Griffin.Plaintiff's Memo in Support of Motion to Compel Martom to Produce Docs, #2 Exhibit Osborn Adv. Griffin.Ex. 1 to Plaintiff's Memo in Support of Motion to Compel Martom to Produce Docs - Subpoena to Records Custodian, Martom, #3 Exhibit Osborn Adv. Griffin.Ex. 2 to Plaintiff's Memo in Support of Motion to Compel Martom to Produce Docs - Portion of Roeder Depo, #4 Exhibit Osborn Adv. Griffin - Tab 3 for Ex. 3 (Filed Under Seal) to Plaintiff's Memo in Support of Motion to Compel Martom to Produce Docs - Portion of Griffin Depo, #5 Exhibit Osborn Adv. Griffin - Tab 4 for Ex. 4 (Filed Under Seal) to Plaintiff's Memo in Support of Motion to Compel Martom to Produce Docs - portion of Griffin Depo, #6 Exhibit Osborn Adv. Griffin - Ex. 5 to Plaintiff's Memo in Support of Motion to Compel Martom to Produce Docs - John Callow Letter to BGD objecting to discovery, #7 Exhibit Osborn Adv. Griffin - Ex. 6 to Plaintiff's Memo in Support of Motion to Compel Martom to Produce Docs - BGD ltr to Judge Smith re discovery issues, #8 Exhibit Osborn Adv. Griffin.Tab for Ex. 7 (Filed Under Seal) - Martom Profit-Loss Stmt, #9 Exhibit Osborn Adv. Griffin. Tab for Ex. 8 (Filed Under Seal) - Martom Profit-Loss Stmt, #10 Proposed Order Osborn Adv. Griffin - Tendered Order compelling Martom to Produce Docs)(Lewis, Benjamin)
November 9, 2012 Filing 111 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, re #110 MOTION to Quash by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin (Attachments: #1 Exhibit 1 (Part 1 of 3), #2 Exhibit 1 (Part 2 of 3), #3 Exhibit 1 (Part 3 of 3), #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 17, #15 Exhibit 18, #16 Exhibit 19, #17 Exhibit 20, #18 Exhibit 21, #19 Exhibit 22, #20 Exhibit 23, #21 Exhibit 24, #22 Exhibit 26, #23 Exhibit 27, #24 Exhibit 28, #25 Exhibit 29, #26 Exhibit 30, #27 Exhibit 31, #28 Exhibit 32, #29 Exhibit 33, #30 Exhibit 34, #31 Exhibit 35, #32 Exhibit 36, #33 Exhibit 37 (Part 1 of 2), #34 Exhibit 37 (Part 2 of 2)) (Hankinson, Thomas) Modified to clean up docket text on 2/24/2014 (LST).
November 9, 2012 Filing 110 MOTION to Quash by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin Regarding Plaintiff's Subpoena to Thompson Hine (Attachments: #1 Exhibit 1 (Filed Under Seal), #2 Exhibit 2 (Filed Under Seal), #3 Exhibit 3 (Filed Under Seal), #4 Exhibit 4 (Filed Under Seal), #5 Exhibit 5 (Filed Under Seal), #6 Exhibit 6 (Filed Under Seal), #7 Exhibit 7 (Filed Under Seal), #8 Exhibit 8 (Filed Under Seal), #9 Exhibit 9, #10 Exhibit 10 (Filed Under Seal), #11 Exhibit 11 (Filed Under Seal), #12 Exhibit 12 (Filed Under Seal), #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17 (Filed Under Seal), #18 Exhibit 18 (Filed Under Seal), #19 Exhibit 19 (Filed Under Seal), #20 Exhibit 20 (Filed Under Seal), #21 Exhibit 21 (Filed Under Seal), #22 Exhibit 22 (Filed Under Seal), #23 Exhibit 23 (Filed Under Seal), #24 Exhibit 24 (Filed Under Seal), #25 Exhibit 25, #26 Exhibit 26 (Filed Under Seal), #27 Exhibit 27 (Filed Under Seal), #28 Exhibit 28 (Filed Under Seal), #29 Exhibit 29 (Filed Under Seal), #30 Exhibit 30 (Filed Under Seal), #31 Exhibit 31 (Filed Under Seal), #32 Exhibit 32 (Filed Under Seal), #33 Exhibit 33 (Filed Under Seal), #34 Exhibit 34 (Filed Under Seal), #35 Exhibit 35 (Filed Under Seal), #36 Exhibit 36 (Filed Under Seal), #37 Exhibit 37 (Filed Under Seal), #38 Proposed Order)(Hankinson, Thomas)
November 9, 2012 Filing 109 RESPONSE in Opposition re #98 MOTION to Compel by Elizabeth A. Osborn the Production of Documents From Thompson Hine LLP filed by Thompson Hine, LLP. (Attachments: #1 Exhibit A - Solimine Declaration)(Ramundo, Kimberly) Modified to correct filer on 11/9/2012 (LST).
November 9, 2012 NOTICE RE: DOCUMENT CONVERSION REQUIREMENT TO Kimberly Ramundo re #109 Response in Opposition to Motion, ; Error: the pleading was scanned instead of converted into PDF format directly from the native word application. Use a scanner ONLY if you cannot electronically prepare your documents with a word processing software package and convert them to PDF format. No further action required by counsel. cc: COR (LST)
October 30, 2012 Filing 108 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order by Elizabeth A. Osborn (Lewis, Benjamin) Modified to clean up docket text on 2/24/2014 (LST).
October 30, 2012 Filing 107 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order by Elizabeth A. Osborn (Lewis, Benjamin) Modified to clean up docket text on 2/24/2014 (LST).
October 30, 2012 Filing 106 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order by Elizabeth A. Osborn (Lewis, Benjamin) Modified to clean up docket text on 2/24/2014 (LST).
October 30, 2012 Filing 105 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order by Elizabeth A. Osborn (Lewis, Benjamin) Modified to clean up docket text on 2/24/2014 (LST).
October 30, 2012 Filing 104 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order by Elizabeth A. Osborn (Lewis, Benjamin) Modified to clean up docket text on 2/24/2014 (LST).
October 30, 2012 Filing 103 MOTION to Compel by Elizabeth A. Osborn the Production of Documents by Griffin Industries, LLC Motions referred to Candace J. Smith. (Attachments: #1 Memorandum in Support, #2 Exhibit Exhibit 1 - Subpoenas to Griffin Industries, #3 Exhibit Exhibit 2 - Filed Under Seal, #4 Exhibit Exhibit 3 - Filed Under Seal, #5 Exhibit Exhibit 4 - August 27, 2012 Letter from Joseph M. Callow, Jr. to Janet P. Jakubowicz, #6 Exhibit Exhibit 5 - September 27, 2012 Letter from Benjamin J. Lewis to Magistrate Judge Candace J. Smith, #7 Exhibit Exhibit 6 - Filed Under Seal, #8 Exhibit Exhibit 7 - Filed Under Seal, #9 Exhibit Exhibit 8 - Filed Under Seal, #10 Proposed Order Proposed Order)(Lewis, Benjamin)
October 17, 2012 Filing 101 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 10/16/2012 before Magistrate Judge Candace J. Smith; 1)The Court provided guidance on how to proceed in an effort for counsel to have a more informed conversation on the issue; 2)Parties are considering that guidance and will discuss the process suggested w/their clients; 3)If parties are unable to agree on a process, the Court finds the parties have exhausted step 2 of the 3-tiered process on this issue; 4)Court pointed out its availablity to conduct a court-facilitated settlement conference in this matter. If parties agree that ADR would be beneficial, they should jointly contact chambers to schedule a conference. (LST)cc: COR Modified text on 10/17/2012 (LST). Modified typos on 10/18/2012 (TED).
October 16, 2012 Filing 102 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 10/16/2012 before Magistrate Judge Candace J. Smith; 1)Counsel agreed to postpone the 10/17 depositions at issue to provide counsel an opportunity to conduct research or otherwise obtain advise on the issue at hand; 2)Parties agreed to further confer on the issue subsepent to their research/advice to see if a consensus can be reached on how to move forward w/these particular depositions; 3)If parties are unable to agree on a process for moving forward, parties to contact Chambers to schedule a follow-up informal conference (LST)cc: COR Modified typo on 10/18/2012 (TED).
October 16, 2012 Filing 100 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order by Elizabeth A. Osborn (Lewis, Benjamin) Modified to cleanup text on 10/18/2012 (TED).
October 16, 2012 Filing 99 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order by Elizabeth A. Osborn (Lewis, Benjamin) Modified to cleanup text on 10/18/2012 (TED).
October 16, 2012 Filing 98 MOTION to Compel by Elizabeth A. Osborn the Production of Documents From Thompson Hine LLP Motions referred to Candace J. Smith. (Attachments: #1 Memorandum in Support, #2 Exhibit A - Notice to Take Deposition of the Records Custodian of Thompson Hine LLP, #3 Exhibit B - January 31, 2012 Letter to Custodian of Records Thompson Hine LLP, #4 Exhibit C - February 15, 2012 Letter to Janet Jakubowicz from Louis Solimine at Thomspon Hine LLP, #5 Exhibit D - June 1, 2012 Letter to Louis Solimine at Thompson Hine LLP from Janet Jakubowicz, #6 Exhibit E - June 12, 2012 Letter to Janet Jakubowicz from Louis Solimine at Thompson Hine LLP, #7 Exhibit F - June 22, 2012 Letter to Louis Solimine at Thompson Hine LLP from Janet Jakubowicz, #8 Exhibit G - June 25, 2012 Letter to Janet Jakubowicz from Louis Solimine to Janeet Jakubowicz, #9 Exhibit H - July 11,2012 Letter to Janet Jakubowicz from Louis Solimine at Thompson Hine LLP, #10 Exhibit I - Filed Under Seal, #11 Exhibit J - Filed Under Seal, #12 Proposed Order Proposed Order)(Lewis, Benjamin)
October 3, 2012 Filing 97 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 10/1/2012 before Magistrate Judge Candace J. Smith; 1)Discovery cut-off date is extended to 1/14/2013 w/status reports due the same date; 2)Dispositive Motions deadline is extended to 2/14/2013. (Court Reporter NONE.) Signed by Candace J. Smith. (LST)cc: COR
September 19, 2012 Filing 96 NOTICE to Take Deposition of Dennis Griffin, Marty Griffin, Tommy Griffin on 10.15.12 (9:00 a.m); 10.17.12 (9:00 a.m/1:00 p.m.) by Elizabeth A. Osborn.(Jakubowicz, Janet)
September 14, 2012 Filing 95 THIRD NOTICE to Take Deposition of Cynthia Roeder on October 16, 1:00 p.m. by Elizabeth A. Osborn.(Jakubowicz, Janet)
September 14, 2012 Filing 94 THIRD NOTICE to Take Deposition of Judy Prewitt on October 16, 9:00 a.m. by Elizabeth A. Osborn.(Jakubowicz, Janet)
September 14, 2012 Filing 93 SECOND NOTICE to Take Deposition of John M. Griffin/Robert Griffin on October 3 and 4 - 9:00 a.m. by Elizabeth A. Osborn.(Jakubowicz, Janet)
August 23, 2012 Opinion or Order Filing 92 ORDER: 1) Def Robert Griffin's motion to disqualify #56 is DENIED ; 2) The stay previously imposed is LIFTED . Discovery shall resume. Signed by Judge William O. Bertelsman on 8/23/2012. (TJZ)cc: COR
August 8, 2012 ***MOTION SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: re #56 MOTION to Disqualify Counsel by Robert A. Griffin (LST)
August 7, 2012 Filing 91 RESPONSE in Opposition re #56 MOTION to Disqualify Counsel by Robert A. Griffin Plaintiff's Post-Hearing Brief in Opposition to Robert A. Griffin's Motion to Disqualify Bingham Greenbaum Doll LLP filed by Elizabeth A. Osborn. (Jakubowicz, Janet)
August 7, 2012 Filing 90 MEMORANDUM IN SUPPORT of #56 Motion to Disqualify BGD filed by Robert A. Griffin. (Callow, Joseph)
July 31, 2012 Filing 89 SEALED TRANSCRIPT of Official Proceedings: EVIDENTIARY HEARING held on 7/25/12 before Judge William O. Bertelsman. Court Reporter: Joan Averdick.
July 25, 2012 Filing 88 Exhibit and Witness List. (LST)
July 25, 2012 Filing 87 MINUTE ENTRY ORDER FOR MOTION HEARING held on 7/25/2012 before Judge William O. Bertelsman; 1)Pla's Exhibits 1, 2 and 3 admitted shall be filed under seal; 2)Parties to file simultaneous briefs limted to 15 pages w/in 5 business days of filing of the transcript; 3)Upon filing of the briefs, Defs' #56 Motion to disqualify counsel will stand submitted. (Court Reporter JOAN AVERDICK.) (LST)cc: COR
July 20, 2012 Filing 86 TRANSCRIPT of Proceedings: ORAL ARGUMENT held on 7/12/2012 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: Joseph Callow, Esq.. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 8/13/2012. Redacted Transcript Deadline set for 8/23/2012. Release of Transcript Restriction set for 10/22/2012.
July 17, 2012 Filing 85 SECOND NOTICE to Take Deposition of Judy Prewitt on July 27, 2012 at 1:00pm by Elizabeth A. Osborn.(Jakubowicz, Janet)
July 17, 2012 Filing 84 SECOND NOTICE to Take Deposition of Cynthia Roeder on July 27, 2012 at 10:00am by Elizabeth A. Osborn.(Jakubowicz, Janet)
July 12, 2012 Opinion or Order Filing 83 MINUTE ENTRY ORDER FOR ORAL ARGUMENT HEARING held on 7/12/2012 before Judge William O. Bertelsman; 1)Def's #79 Motion to Stay discovery is granted. Discovery in this matter shall be stayed until the Court's ruling following the hearing set on 7/25/2012; 2)Def's #66 MOTION for Hearing is GRANTED. An evidentiary hearing shall occur on 7/25/2012, in conjunction w/the oral argument currently set for that date. This hearing will be limted to two hours, including cross-examination; 3)The hearing set fo r7/25/2012 shall begin at 9:00AM in lieu of 10:30am, as previously set (Court Reporter JOAN AVERDICK.). Signed by Judge William O. Bertelsman on 7/12/2012. (LST)cc: COR Modified to take out bold on 7/12/2012 (LST).
July 11, 2012 Filing 82 RESPONSE in Opposition re #79 EMERGENCY MOTION to Stay by Dennis B. Griffin, John M. Griffin, Robert A. Griffin filed by Elizabeth A. Osborn. (Attachments: #1 Proposed Order)(Lewis, Benjamin)
July 10, 2012 Opinion or Order Filing 81 ORDER; 1)Oral Argument re #56 MOTION to Disqualify Counsel is set for 7/25/2012 at 10:30 AM in COVINGTON before Judge William O. Bertelsman.). Signed by Judge William O. Bertelsman on 7/10/2012.(LST)cc: COR
July 10, 2012 Opinion or Order Filing 80 ORDER: 1) A Hearing on such motion #79 be, and it hereby is, set for Thursday, 7/12/2012 09:30 AM in COVINGTON before Judge William O. Bertelsman. Signed by Judge William O. Bertelsman on 7/10/2012.(ECO)cc: COR
July 9, 2012 Filing 79 EMERGENCY MOTION to Stay by Dennis B. Griffin, John M. Griffin, Robert A. Griffin Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order Expediting Briefing and Granting Hearing, #2 Proposed Order Granting a Stay of Discovery)(Callow, Joseph)
July 6, 2012 Filing 78 REPLY to #66 Motion for hearing re: Moton to disqualify Counsel and #77 Plaintiff's Opposition filed by Robert A. Griffin. (Callow, Joseph) Modified correcting link to #66 on 7/6/2012 (TED).
July 6, 2012 NOTICE OF DOCKET MODIFICATION TO Joseph Callow re #78 REPLY; Error: Link was created to the Response instead of Motion. Entry by attorney. Clerk modified the entry to creat a link to the motion thereby placing the reply on the Judge's motion report. In the future, create a link to the subject motion. The appropriate event is Reply to Response to Motion. No further action required by counsel. cc: COR (TED)
July 6, 2012 ***MOTION SUBMITTED TO CHAMBERS of JUDGE BERTELSMAN for review: re #66 MOTION for Hearing re #56 MOTION to Disqualify Counsel by Robert A. Griffin by Robert A. Griffin , #56 MOTION to Disqualify Counsel by Robert A. Griffin (Motions submitted to Judge Bertelsman per instructions from chambers. Clerk deleted incorrect submission to Magistrate Smith) (TED)
July 5, 2012 Filing 77 RESPONSE in Opposition re #66 MOTION for Hearing re #56 MOTION to Disqualify Counsel by Robert A. Griffin by Robert A. Griffin , #56 MOTION to Disqualify Counsel by Robert A. Griffin filed by Elizabeth A. Osborn. (Attachments: #1 Proposed Order Denying Motion, #2 Proposed Order Granting Motion & Scheduling Hearing)(Lewis, Benjamin)
July 5, 2012 Filing 76 AMENDED NOTICE to Take Deposition of Cynthia Roeder on Friday, July 13, 2012 at 1:00 p.m by Elizabeth A. Osborn.(Jakubowicz, Janet)
July 5, 2012 Filing 75 AMENDED NOTICE to Take Deposition of Judy Prewitt on Friday, July 13, 2012, at 10:00 a.m. by Elizabeth A. Osborn.(Jakubowicz, Janet)
July 2, 2012 Filing 74 NOTICE to Take Deposition of Judy Prewitt on July 13, 2012 at 10:00am. by Elizabeth A. Osborn.(Jakubowicz, Janet)
July 2, 2012 Filing 73 NOTICE to Take Deposition of Cynthia Roeder on July 13, 2012 at 1:00pm by Elizabeth A. Osborn.(Jakubowicz, Janet)
June 28, 2012 Filing 72 FIRST NOTICE to Take Deposition of Griffin Industries, LLC on July 23, 2012 at 12:00 p.m. by Elizabeth A. Osborn. (Attachments: #1 Subpoena)(Lewis, Benjamin)
June 28, 2012 Filing 71 FIRST NOTICE to Take Deposition of Martom Properties, LLC on July 23, 2012 at 11:00 a.m. by Elizabeth A. Osborn. (Attachments: #1 Subpoena)(Lewis, Benjamin)
June 28, 2012 Filing 70 FIRST NOTICE to Take Deposition of Thompson Hine LLP on July 23, 2012 at 10:00 a.m. by Elizabeth A. Osborn. (Attachments: #1 Subpoena)(Lewis, Benjamin)
June 28, 2012 Filing 69 FIRST NOTICE to Take Deposition of Keating Muething & Klekamp PLLC on July 23, 2012 at 9:00 a.m. by Elizabeth A. Osborn. (Attachments: #1 Subpoena)(Lewis, Benjamin)
June 28, 2012 Filing 68 AMENDED NOTICE to Take Deposition of Dennis, John M. and Robert Griffin on July 24-26 at 9:00 a.m. by Elizabeth A. Osborn.(Jakubowicz, Janet)
June 15, 2012 Filing 67 REPLY to #56 filed by Robert A. Griffin. (Attachments: #1 Exhibit February 2011 Draft Opinion Letter, #2 Exhibit Plaintiff's Discovery Requests to Defendant Robert A. Griffin, #3 Exhibit Subpoena to Griffin Industries, Inc., #4 Exhibit 4.9.12 Ltr from Jakubowicz re Discovery, #5 Affidavit Supplemental Declaration of Christopher A. Griffin)(Callow, Joseph)
June 15, 2012 Filing 66 MOTION for Hearing re #56 MOTION to Disqualify Counsel by Robert A. Griffin by Robert A. Griffin Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Callow, Joseph)
June 1, 2012 Filing 65 RESPONSE in Opposition re #56 MOTION to Disqualify Counsel by Robert A. Griffin filed by Elizabeth A. Osborn. (Attachments: #1 Exhibit A Michael Grim Declaration, #2 Exhibit B - Declaration of Wiseman, #3 Proposed Order)(Jakubowicz, Janet)
May 29, 2012 Opinion or Order Filing 64 AGREED ORDER; 1)Pla, Elizabeth A. Osborn to have to and including 6/1/2012 to file her Response to Def's #56 MOTION to Disqualify Counsel by Robert A. Griffin . Signed by Judge William O. Bertelsman on 5/29/2012.(LST)cc: COR
May 25, 2012 Filing 63 Proposed Agreed Order/Stipulation by Elizabeth A. Osborn. (Lewis, Benjamin)
May 25, 2012 ***FILE SUBMITTED TO CHAMBERS of Magistrate Judge Candace J. Smith for review: re #63 Proposed Agreed Order/Stipulation by Elizabeth A. Osborn (LST)
May 21, 2012 Opinion or Order Filing 62 VIRTUAL ORDER; 1)granting #60 Motion to Withdraw as Attorney of Christy M. Nageleisen, the requirements of Local Rule 83.6(b) having been satisfied; 2) Attorney Christy M. Nageleisen shall be termed from the record as co-counsel for Defs and removed from the case email service list. Signed by Magistrate Judge Candace J. Smith on 5/21/2012. (LST)cc: COR
May 21, 2012 Filing 61 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 5/21/2012 before Magistrate Judge Candace J. Smith; 1)Parties are considering that guidance and conducting further research to determine whether they will seek a formal ruling from the Court on any of the four issues presented; 2)Defs agreed to amend their privilige log by 5/22/2012, to include counsel's fee agreement and are further considering whether counsel's statements of services rendered would also be responsive to the requests and thus included on the log. Defs agreed to notify Plas by 5/25/2012, regarding their method of compliance w/the Rule 34(b)(2)(E)(i) production; 3)The Court finds the parites have exhausted the three-tiered process and may proceed as appropriate w/motion practice (Court Reporter NONE.) (LST)cc: COR
May 17, 2012 Filing 60 MOTION to Withdraw as Attorney by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Nageleisen, Christy)
May 15, 2012 Opinion or Order Filing 59 ORDER; 1)The #58 Motion to Withdraw as Attorney is denied without prejudice; 2)Attorney Nageleisen may renew her motion request by a motion filing that conforms to Rule 83.6(b)'s requirements. Signed by Magistrate Judge Candace J. Smith on 5/15/2012. (LST)cc: COR
May 14, 2012 Filing 58 MOTION to Withdraw as Attorney by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin , Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Nageleisen, Christy) Modified to take out motion on 5/15/2012 (LST).
May 10, 2012 Filing 57 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 5/8/2012 before Magistrate Judge Candace J. Smith; 1)Parties to exchange privilege logs by 5/11/2012; 2)Defs to produce the insurance policy identified in their Initial Disclosures by 5/11/2011; 3)Defs to make the proper rule 33(d)(1) responses to Pla's interrogatory requests by 5/11/2012; 4)Court directed the parties to further confer on the numerous remaining issues and report back to the Court; 5)Parties can agree to utilize the three-tiered process for such disputes and, if they do not, they should follow the procedure set forth in Rule 45 of the Federal Rules of Civil Procedure for subpoena objections and motion practice to address disputes over compliance. (Court Reporter NONE.) (LST)cc: COR
May 4, 2012 Filing 56 MOTION to Disqualify Counsel by Robert A. Griffin . (Attachments: #1 Exhibit A. April 11, 2012 Email from Michael Grim to Chris Griffin, #2 Exhibit B. April 13, 2012 Letter from W. Plumer Wiseman to Christopher A. Griffin, #3 Exhibit C. April 27, 2012 Letter from Janet Jakubowicz to Joseph Callow, #4 Exhibit D. May 2, 2012 Client Alert from BGD to Christopher Griffin, #5 Exhibit E. May 2, 2012 Letter from Benjamin J. Lewis to Thomas F. Hankinson, #6 Affidavit Declaration of Christopher A. Griffin, #7 Proposed Order)(Callow, Joseph) Modified to take out referral on 5/11/2012 (LST).
March 20, 2012 Opinion or Order Filing 55 STIPULATED CONFIDENTIALITY ORDER; (See order for details).. Signed by Magistrate Judge Candace J. Smith on 3/20/2012.(LST)cc: COR
March 20, 2012 ***FILE SUBMITTED TO CHAMBERS of Magistrate Judge Candace J. Smith for review: re #54 Proposed Agreed Order/Stipulation Confidentiality Order by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Elizabeth A. Osborn (LST)
March 20, 2012 NOTICE OF DOCKET MODIFICATION TO Janet Jakubowicz re #54 Proposed Agreed Order/Stipulation Confidentiality Order by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Elizabeth A. Osborn; Error: attachments were insufficiently described as Exhibit A, Exhibit B.Entry by attorney; Correction: the Clerk renamed the attachments. Attachmentsmust be adequately described. Example: Exhibit A (incorrect); Exhibit AAffidavit of John Doe (correct). No further action required by counsel. cc: COR (LST)
March 19, 2012 Filing 54 Proposed Agreed Order/Stipulation Confidentiality Order by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Elizabeth A. Osborn. (Attachments: #1 Exhibit A)(Jakubowicz, Janet)
March 12, 2012 Filing 53 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 3/12/2012. before Magistrate Judge Candace J. Smith: 1) Parties having discussed with the concerns regarding the Confidentiality Agreement, parties to further confer in an attempt to resolve their dispute; 2) Court discussed with the parties concerns regarding proposed Agreement on how documents will be handled and returned at the conclusion of the case. Such matters are left to the Court to determine and counsel encourage to reconsider these provisions; 3) Court further noted parties having satisified Step Two of the three-tiered process outlined in 1/9/2012 order, parties unable to reach a resolution, counsel may move forward to Step Three and file appropriate writtens motions with respect to their client[s]'s interests in obtaining a protective order. (Court Reporter NONE.) (ECO)cc: COR
January 26, 2012 Filing 52 TRANSCRIPT of Proceedings: ORAL ARGUMENT held on 1/4/12 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: Janet Jakubowicz, Esq.. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 2/21/2012. Redacted Transcript Deadline set for 3/1/2012. Release of Transcript Restriction set for 4/30/2012.
January 19, 2012 Filing 51 ANSWER to #26 Amended Complaint, by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin.(Callow, Joseph) Modified to clean up text on 1/19/2012 (ECO).
January 17, 2012 Opinion or Order Filing 50 VIRTUAL ORDER: granting #49 MOTION for Thomas F. Hankinson to Appear Pro Hac Vice as co-counsel for Defendants Dennis B. Griffin, John M. Griffin, and Robert A. Griffin, the requirements of Joint Local Rule 83.2(a) having been satisfied. Signed by Magistrate Judge Candace J. Smith on 1/17/2012. (KRS)cc: COR
January 11, 2012 Filing 49 MOTION for Thomas F. Hankinson to Appear Pro Hac Vice by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin ( Filing fee $95; receipt number 2240076)Motions referred to Candace J. Smith. (Attachments: #1 Affidavit Affidavit of Thomas F. Hankinson, #2 Exhibit Certificate, #3 Proposed Order)(Callow, Joseph)
January 11, 2012 BAR STATUS Check completed as to Thomas F. Hankinson re #49 MOTION for Thomas F. Hankinson to Appear Pro Hac Vice by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin ( Filing fee $95; receipt number 2240076) (LST)
January 11, 2012 ***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Candace J. Smith for review: re #49 MOTION for Thomas F. Hankinson to Appear Pro Hac Vice by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin ( Filing fee $95; receipt number 2240076) (LST)
January 9, 2012 Opinion or Order Filing 48 ORDER; (A) Parties to file a joint or separate status report at the 10/4/2012 close of discovery; (B)Parties to utilize the following procedure to address discovery disputes: 1)Parties to first meet and/or confer in an attempt to resolve disputes between themselves, w/out judicial intervention; 2)If parties are unable to resolve such disputes informally, they shall attempt to resolve their disagreement by telephone conference w/Mag. Judge; 3)If, and only if, the parties are unable to resolve their disputes after conference w/Mag. Judge, they may file appropriate written motions with the Court. Written motions regarding discovery shall include the certification required by Civil Rule 37(a)(1) and Local Rule of Civil Practice 37.1, if applicable... Signed by Magistrate Judge Candace J. Smith on 1/9/2012.(LST)cc: COR
January 6, 2012 Filing 47 NOTICE by Elizabeth A. Osborn OF CHANGE OF LAW FIRM NAME (Lewis, Benjamin)
January 5, 2012 Filing 46 SUR-REPLY in Opposition to Defendant's #30 MOTION to Dismiss filed by Robert A. Griffin, Elizabeth A. Osborn. Filed Pursuant to #45 Order (LST)
January 5, 2012 Opinion or Order Filing 45 MINUTE ENTRY ORDER FOR MOTION HEARING held on 1/4/2012 before Judge William O. Bertelsman; 1)Def's #30 Motion to Dismiss is denied; 2)Pla's #40 Motion for Leave to File Sur-reply is granted; 3)Parties to exchange initial disclosures by 1/31/2012; 4)Parties to have until 10/4/2012 to conduct discovery; 5)Dispositive Motions due by 11/5/2012. (Court Reporter JOAN AVERDICK.). Signed by Judge William O. Bertelsman on 1/5/2012. (LST)cc: COR
December 9, 2011 Opinion or Order Filing 44 ORDER; 1Def's #31 Motion to Stay Discovery is granted and discovery is stayed, pending resolution of Def's Motion to Dismiss; 2)Once the Motion to Dismiss has been adjudicated, the stay will be lifted and discovery deadlines set, if appropriate. Signed by Magistrate Judge Candace J. Smith on 12/9/2011. (LST)cc: COR
November 21, 2011 Opinion or Order Filing 43 ORDER; 1)Pla's #41 MOTIOn for oral argument is granted; 2)ORAL ARGUMENT to be held on 1/4/2012 at 1:00PM before Judge William O. Bertelsman in Covington. Signed by Judge William O. Bertelsman on 11/21/2011.(LST)cc: COR Modified text on 11/21/2011 (LST).
November 18, 2011 Filing 42 RESPONSE to Motion re #41 MOTION for Hearing by Elizabeth A. Osborn on Defendants' Motion to Dismiss, #40 MOTION for Leave by Elizabeth A. Osborn to File Sur-Reply in Opposition to Defendants' Motion to Dismiss filed by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin. (Attachments: #1 Proposed Order Notice of Filing of Proposed Order Denying Plaintiff's Motions for Sur-Reply and Oral Argument, #2 Proposed Order Proposed Order Denying Plaintiff's Motions for Sur-Reply and Oral Argument)(Callow, Joseph)
November 11, 2011 Filing 41 MOTION for Hearing by Elizabeth A. Osborn on Defendants' Motion to Dismiss Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Jakubowicz, Janet)
November 11, 2011 Filing 40 MOTION for Leave by Elizabeth A. Osborn to File Sur-Reply in Opposition to Defendants' Motion to Dismiss Motions referred to Candace J. Smith. (Attachments: #1 Exhibit A - Sur-Reply, #2 Proposed Order)(Jakubowicz, Janet)
November 2, 2011 ***MOTION SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: re #31 MOTION to Stay by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, #30 MOTION to Dismiss by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin (LST)
November 1, 2011 Filing 39 REPLY to Response to Motion re #31 MOTION to Stay by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin filed by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin. (Attachments: #1 Exhibit May 16, 1995 Letter, #2 Exhibit March 4, 1996 Letter, #3 Exhibit March 19, 1996 Letter)(Callow, Joseph)
November 1, 2011 Filing 38 REPLY to Response to Motion re #30 MOTION to Dismiss by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin filed by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin. (Attachments: #1 Exhibit Articles of Organization of Martom Properties, LLC, #2 Exhibit 1997 Martom Annual Report)(Callow, Joseph)
October 18, 2011 Filing 37 RESPONSE in Opposition re #30 MOTION to Dismiss by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin filed by Elizabeth A. Osborn. (Attachments: #1 Exhibit A - Assets Listed in Inventory, #2 Proposed Order)(Lewis, Benjamin)
October 18, 2011 Filing 36 RESPONSE in Opposition re #31 MOTION to Stay by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin filed by Elizabeth A. Osborn. (Attachments: #1 Proposed Order)(Jakubowicz, Janet)
October 17, 2011 Opinion or Order Filing 35 AGREED ORDER: Plf. Elizabeth A. Osborn have to and including 10/18/11 to file Resp. to Dfts' Motion to Stay Discovery. Dfts. John M. Griffin, Dennis Griffin and Robert A. Griffin have to and including 11/1/11 to file Reply in support of Dfts' Motion to Stay Discovery. Signed by Magistrate Judge Candace J. Smith on 10/17/2011.(KRS)cc: COR
October 14, 2011 Filing 34 Proposed Agreed Order/Stipulation to extend time to file response and reply to Motion to Stay Discovery by Elizabeth A. Osborn, John M. Griffin, Dennis B. Griffin and Robert A. Griffin. (Lewis, Benjamin) Modified to add filers and better describe on 10/14/2011 (KRS).
October 14, 2011 ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #34 Proposed Agreed Order/Stipulation, (KRS)
October 7, 2011 Opinion or Order Filing 33 ORDER: It is ordered that plaintiff Elizabeth A. Osborn shall have to and including October 18, 2011 to file Response re Defendants' #30 MOTION to Dismiss. Further defendants, John M. Griffin, Dennis B. Griffin and Robert A. Griffin (Defendants) shall have to and including November 1, 2011 to file their Reply in support of Defendants' Motion to Dismiss. Signed by Judge William O. Bertelsman on 10/7/2011.(TED)cc: COR
October 6, 2011 Filing 32 Proposed Agreed Order/Stipulation To Extend Time to Respond to Defendants' Motion to Dismiss by Elizabeth A. Osborn. (Lewis, Benjamin)
October 6, 2011 ***FILE SUBMITTED TO CHAMBERS of JUDGE BERTELSMAN for review: #30 MOTION to Dismiss by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin (TED)
September 21, 2011 Filing 31 MOTION to Stay by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Nageleisen, Christy)
September 19, 2011 NOTICE OF DOCKET MODIFICATION TO Christy Nageleisen re #30 MOTION to Dismiss by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin; Error: attachments were insufficiently described as "Exhibit A," "Exhibit B."; Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel cc: COR (LST)
September 16, 2011 Filing 30 MOTION to Dismiss by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin (Attachments: #1 Proposed Order Notice of Filing of Proposed Order Granting Defendants' Motion to Dismiss, #2 Proposed Order Proposed Order Granting Defendants' Motion to Dismiss, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C)(Nageleisen, Christy) Modified to name exhibits on 9/19/2011 (LST).
September 14, 2011 Filing 29 MINUTE ENTRY ORDER FOR DOCKET CALL held on 9/14/11 before Judge William O. Bertelsman; 1)Counsel for Def orally advised the Court that he is filing Motion to Dismiss and Motion to Stay Discovery, therefore, discovery is stayped pending disposition of the Motion to Stay; 2)Counsel for pla to file responses to motions pursuant to the Joint Local Rules of this Court; 3)Although documents must now be filed electronically w/Court, a paper court courtesy copy must be provided to chambers w/in 48 hours of the filing of the brief or memo in support of any motion, where such brief of memo exceeds 10 pages (Court Reporter JOAN AVERDICK.) (LST)cc: COR
September 2, 2011 Opinion or Order Filing 28 AGREED ORDER TO MOVE, PLEAD OR OTHERWISE RESPOND; 1)Defs granted an extension of time to 9/16/11 to answer, move or otherwise plead in response to Pla's #26 AMENDED Complaint filed 8/29/11; 2)No prior extensions have been sought or granted in relation to answering, moving, or otherwise pleading in resposne to Pla's Amended Complaint; 3)Parties have scheduled a Rule 26(f) conference for 9/12/2011 at 10:00AM. Signed by Magistrate Judge Candace J. Smith on 9/2/11.(LST)cc: COR
September 1, 2011 Opinion or Order Filing 27 ORDER, DOCKET CALL set for WEDNESDAY, 9/14/2011 at 01:00 PM in COVINGTON before Judge William O. Bertelsman. Signed by Judge William O. Bertelsman on 9/1/2011.(KRS)cc: COR, cc: J. Callow by U.S. Mail Modified on 9/1/2011 (KRS).
August 29, 2011 Filing 26 AMENDED COMPLAINT against All Defendants, filed by Elizabeth A. Osborn. (Attachments: #1 Exhibit 1 - Will & Codicils, #2 Exhibit 2 - Trust Agmt & Amendments, #3 Exhibit 3 - Cold Spring Deed, #4 Exhibit 4 - PVA Record, #5 Exhibit 5 - Special Warranty Deed, #6 Exhibit 6 - Delegation, #7 Exhibit 7 - Quit Claim Deed, #8 Exhibit 8 - Fiduciary Deed, #9 Exhibit 9 - Jackson Property Deed, #10 Exhibit 10 - Jackson Property Deed #2, #11 Exhibit 11 - Jackson Property Deed # 3, #12 Exhibit 12 - Henderson Property Deed, #13 Exhibit 13 - Henderson Property Deed #2, #14 Exhibit 14 Henderson Property Deed #3, #15 Exhibit 15 - Bradford Property Deed, #16 Exhibit 16 Bradford Property Deed #2, #17 Exhibit 17 Bradford Property Deed #3, #18 Exhibit 18 - Jay Gee Property Deed, #19 Exhibit 19 Jay Gee/Adams Property Deed, #20 Exhibit 20 - Adams Property Deed)(Jakubowicz, Janet)
August 29, 2011 Filing 25 Proposed Agreed Order/Stipulation for Defendant to Move, Plead or otherwise Plead by Elizabeth A. Osborn, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin. (Nageleisen, Christy) Modified text on 8/29/2011 (LST).
August 29, 2011 ***FILE SUBMITTED TO CHAMBERS of Magistrate Judge Candace J. Smith for review: #25 Proposed Agreed Order/Stipulation, (LST)
August 22, 2011 Opinion or Order Filing 24 VIRTUAL ORDER: granting #23 Motion to Appear Pro Hac Vice as to Joseph M. Callow, the requirements of Local Rule 83.2(a) having been satisfied. Signed by Magistrate Judge Candace J. Smith on 8/22/11. (LST)cc: COR, w/copy of ECF Mandatory Notice and Registration Form
August 19, 2011 BAR STATUS Check completed as to Joseph M. Callow, Jr re #23 MOTION for Joseph M. Callow, Jr. to Appear Pro Hac Vice by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin ( Filing fee $95; receipt number 2115939) (LST)
August 19, 2011 ***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Candace J. Smith for review: re #23 MOTION for Joseph M. Callow, Jr. to Appear Pro Hac Vice by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin ( Filing fee $95; receipt number 2115939) (LST)
August 18, 2011 Filing 23 MOTION for Joseph M. Callow, Jr. to Appear Pro Hac Vice by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin ( Filing fee $95; receipt number 2115939)Motions referred to Candace J. Smith. (Attachments: #1 Affidavit of Joseph M. Callow, Jr., #2 Exhibit - Certificate, #3 Proposed Order)(Nageleisen, Christy)
August 17, 2011 Opinion or Order Filing 22 MEMORANDUM ORDER; 1)Def's #10 MOTION for More Definite Statement as to Counts I, II, III and IV is DENIED; 2)Def's #10 MOTION for More Definite Statement as to Counts V and VI is GRANTED; 3)By 8/29/2011, Pla to file an Amended Complaint addressing Counts V and VI as set forth above; 4)Pla's #21 MOTION for Pretrial Conference is DENIED AS PREMATURE. Parties to arrange to meet and confer following Pla's filing of her Amended Complaint as ordered, or Pla may renew her motion at that time, if necessary.. Signed by Magistrate Judge Candace J. Smith on 8/17/2011.(LST)cc: COR
August 17, 2011 ***FILE SUBMITTED TO CHAMBERS of Magistrate Judge Candace J. Smith for review: #8 Notice to Attorney Joseph M. Callow, Jr. (PHV Motion has not been filed) (LST)
July 28, 2011 Filing 21 MOTION for Hearing by Elizabeth A. Osborn For Pretrial Conference Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Jakubowicz, Janet)
July 27, 2011 ***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Candace J. Smith for review: re #10 MOTION for More Definite Statement by John M. Griffin (LST)
July 26, 2011 Filing 20 REPLY to Response to Motion re #10 MOTION for More Definite Statement by John M. Griffin filed by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin. (Nageleisen, Christy)
July 8, 2011 Filing 19 RESPONSE in Opposition re #10 MOTION for More Definite Statement by John M. Griffin filed by Elizabeth A. Osborn. (Attachments: #1 Exhibit Ex. A- Deed, #2 Exhibit Ex. B - 6th & 7th Codicil, #3 Exhibit Ex. C - 5th Amendment, #4 Exhibit Ex. D - Spec Warranty Deed, #5 Exhibit Ex. E - Motion to Reopen, #6 Exhibit Ex. F - Court Order, #7 Exhibit Ex. G - Quitclaim Deed, #8 Exhibit Ex. H - Fiduciary Deed)(Jakubowicz, Janet)
July 5, 2011 Opinion or Order Filing 18 VIRTUAL ORDER: granting #16 MOTION to Withdraw filed by Attorneys Susan L. Williams and Bart L. Greenwald of Frost Brown Todd LLC. Said attorneys are hereby withdrawn from this case as counsel for Plaintiff, and the Clerk is hereby instructed to remove their names and email addresses as counsel of record in this matter. Signed by Magistrate Judge Candace J. Smith on 7/5/2011. (KRS)cc: COR
July 5, 2011 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #16 MOTION to Withdraw as Attorney by Elizabeth A. Osborn (ECO)
July 1, 2011 Opinion or Order Filing 17 AGREED ORDER; 1)Pla, Elizabeth A. Osborn to have 7/8/2011 to file her Response to Def's #10 MOTION for More Definite Statement; 2)Defs, John M. Griffin, Dennis B. Griffin and Robert A. Griffin to file their Reply in Support of #10 Motion for a More Definite Statement. Signed by Magistrate Judge Candace J. Smith on 07/01/2011.(LST)cc: COR
July 1, 2011 Filing 16 MOTION to Withdraw as Attorney by Elizabeth A. Osborn Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Williams, Susan)
June 28, 2011 Filing 15 Proposed Agreed Order/Stipulation Proposed Agreed Order by Elizabeth A. Osborn. (Lewis, Benjamin)
June 28, 2011 ***FILE SUBMITTED TO CHAMBERS of Magistrate Judge Candace J. Smith for review: #15 Proposed Agreed Order/Stipulation (LST)
June 27, 2011 Opinion or Order Filing 14 ORDER; 1) #13 Notice Of Substitution is construed as an Entry of Appearance by attorneys Jakubowicz, Hayden and Lewis; 2)Clerk to enter their appearances as co-counsel for Pla; 3)If the withdrawal of attorneys Greenwald and Williams is appropriate, they shall file a motion providing the information required by Local Rule 83.6(a) or 83.6(b). Signed by Magistrate Judge Candace J. Smith on 06/27/2011.(LST)cc: COR
June 27, 2011 ***FILE SUBMITTED TO CHAMBERS of Magistrate Judge Candace J. Smith for review: #13 Notice of Substitution of Counsel (LST)
June 27, 2011 ***FILE SUBMITTED TO CHAMBERS of Magistrate Judge Candace J. Smith for review: #8 Notice to Attorney (PHV Motion has not been filed) (LST)
June 24, 2011 Filing 13 NOTICE by Elizabeth A. Osborn of Substitution of Counsel (Jakubowicz, Janet)
June 15, 2011 Filing 12 NOTICE OF FILING by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin re #10 MOTION for More Definite Statement by John M. Griffin (Attachments: #1 Proposed Order Proposed Order)(Nageleisen, Christy)
June 15, 2011 NOTICE OF DEFICIENCY TO Christy Nageleisen re #11 Notice of Filing; attorney failed to submit a proposed order as an electronic attachment to the Notice of Filing. Entry by attorney; within 7 calendar days, prepare a pleading entitled "Notice of Filing" (with a certificate of service), file the Notice using the event "Notice of Filing," attach the proposed order, and create a link to the related docket entry cc: COR (LST)
June 14, 2011 Filing 11 NOTICE OF FILING by John M. Griffin re #10 MOTION for More Definite Statement by John M. Griffin, Notice of Deficiency, (Nageleisen, Christy)
June 8, 2011 NOTICE OF DEFICIENCY TO Christy Nageleisen re #10 MOTION for More Definite Statement by John M. Griffin; attorney failed to submit a proposed order as an electronic attachment to the motion. Entry by attorney; within 7 calendar days, prepare a pleading entitled "Notice of Filing" (with a certificate of service), file the Notice using the event "Notice of Filing," attach the proposed order, and create a link to the related docket entry cc: COR (LST)
June 7, 2011 Filing 10 MOTION for More Definite Statement by John M. Griffin Motions referred to Candace J. Smith. Responses due by 6/28/2011 (Nageleisen, Christy) (Additional attachment(s) added on 6/16/2011: #1 Proposed Order) (LST).
May 23, 2011 Opinion or Order Filing 9 AGREED ORDER TO MOVE, PLEAD, OR OTHERWISE RESPOND; 1)Defs granted an extension of time up to and including 6/7/2011 to answer, move or otherwise plead in response to Pla's #1 Complaint; 2)No prior extensions have been sought or granted. Signed by Magistrate Judge Candace J. Smith on 05/20/2011.(LST)cc: COR
May 18, 2011 Filing 8 NOTICE TO ATTORNEY Joseph M. Callow, Jr. by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: #1 Attorney Update Sheet)(LST)
May 17, 2011 ***FILE SUBMITTED TO CHAMBERS of Magistrate Judge Candace J. Smith for review: #7 Proposed Agreed Order/Stipulation (LST)
May 16, 2011 Filing 7 Proposed Agreed Order/Stipulation To Move, Plead, Or Otherwise Respond by Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin. (Nageleisen, Christy)
May 12, 2011 Filing 6 NOTICE OF FILING by Elizabeth A. Osborn re Notice of Deficiency, #5 Affidavit of Service (Attachments: #1 Exhibit A)(Williams, Susan)
May 12, 2011 NOTICE OF DEFICIENCY TO Susan Williams re #5 Affidavit of Service; a scanned copy of the original signature for the affiant and notarymust be filed. Entry by attorney; within 7 calendar days, prepare apleading entitled Notice of Filing (with a certificate of service), file the Noticeusing the event Notice of Filing, attach a scanned copy of the Affidavit with theoriginal signature of the affiant and notary. cc: COR (ECO)
May 11, 2011 Filing 5 AFFIDAVIT of Service for Complaint and Summons served on John M. Griffin on 04/30/11, filed by Elizabeth A. Osborn. (Williams, Susan)
April 28, 2011 Conflict Check run. (LST)
April 27, 2011 Opinion or Order Filing 4 STANDING REFERRAL ORDER; 1)Case referred to Magistrate Judge Candace J. Smith to supervise discovery and pretrial proceedings. Case to revert back to undersigned to hold final pretrial conference and trial; 2)Mag. Judge to conduct all pretrial/status conferences and rule on nondispositive motions. Dispositive motions and motions in limine to be referred by the Clerk of this Court to the undersigned. Final pretrial conference and trial also to be before the undersigned.. Signed by Judge William O. Bertelsman on 06/18/2010.(LST)cc: COR
April 27, 2011 Filing 3 Summons Issued as to Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin; issued summons returned to counsel via Pick up Covington Clerk's Office (LST)
April 27, 2011 Filing 2 MAGISTRATE JUDGE CANDACE J. SMITH chosen by random selection to handle matters that may be referred in this case.. (LST)
April 27, 2011 Filing 1 COMPLAINT ( Filing fee $350; receipt number 2019296), filed by Elizabeth A. Osborn. (Attachments: #1 Exhibit A - Trust Agreement, #2 Exhibit B - Easement, #3 Exhibit C - Last Will and Testament of John L. Griffin, #4 Exhibit D - Quit Claim Deed, #5 Exhibit E - Fiduciary Deed, #6 Exhibit F - Property Valuation Administrator, #7 Exhibit G - Delegation, #8 Civil Cover Sheet, #9 Proposed Summons - John Griffin, #10 Proposed Summons - Dennis Griffin, #11 Proposed Summons - Robert Griffin, #12 Case Assignment)(LST)

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Search for this case: Osborn v. Griffin et al
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Defendant: John Christian Griffin
Represented By: Benjamin Gerald Dusing
Represented By: Jean Geoppinger McCoy
Represented By: David P. Kamp
Represented By: J. Robert Linneman
Represented By: Brian P. O'Connor
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Defendant: Michael Robert Griffin
Represented By: Benjamin Gerald Dusing
Represented By: Andrew S. Nicoll
Represented By: Carolyn A. Taggart
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Defendant: Dennis B. Griffin
Represented By: Caitlin E. Murphy
Represented By: Thomas F. Hankinson
Represented By: Benjamin Gerald Dusing
Represented By: Christy M. Nageleisen
Represented By: John E. Floyd
Represented By: Steven C. Coffaro
Represented By: Jacob D. Rhode
Represented By: J. Robert Linneman
Represented By: Joseph M. Callow, Jr.
Represented By: Brian P. O'Connor
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Defendant: John M. Griffin
Represented By: Caitlin E. Murphy
Represented By: Gregory G. Garre
Represented By: Melissa Arbus Sherry
Represented By: Thomas F. Hankinson
Represented By: Benjamin Gerald Dusing
Represented By: Heather A. Waller
Represented By: Robert G. Sanker
Represented By: Christy M. Nageleisen
Represented By: John E. Floyd
Represented By: Steven C. Coffaro
Represented By: Jacob D. Rhode
Represented By: Sarah V. Geiger
Represented By: Benjamin William Snyder
Represented By: J. Robert Linneman
Represented By: Joseph M. Callow, Jr.
Represented By: Brian P. O'Connor
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Defendant: Toby Andrew Griffin
Represented By: Benjamin Gerald Dusing
Represented By: Jean Geoppinger McCoy
Represented By: David P. Kamp
Represented By: J. Robert Linneman
Represented By: Brian P. O'Connor
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Defendant: Denise Ann Griffin
Represented By: Benjamin Gerald Dusing
Represented By: Jean Geoppinger McCoy
Represented By: David P. Kamp
Represented By: J. Robert Linneman
Represented By: Brian P. O'Connor
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Defendant: Anthony Allen Griffin
Represented By: Benjamin Gerald Dusing
Represented By: Jean Geoppinger McCoy
Represented By: David P. Kamp
Represented By: J. Robert Linneman
Represented By: Brian P. O'Connor
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Defendant: Joseph Scott Griffin
Represented By: Benjamin Gerald Dusing
Represented By: Jean Geoppinger McCoy
Represented By: David P. Kamp
Represented By: J. Robert Linneman
Represented By: Brian P. O'Connor
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Defendant: Renee Lynn Griffin
Represented By: Benjamin Gerald Dusing
Represented By: Andrew S. Nicoll
Represented By: Carolyn A. Taggart
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Defendant: Traci Lynn Griffin
Represented By: Benjamin Gerald Dusing
Represented By: Jean Geoppinger McCoy
Represented By: David P. Kamp
Represented By: J. Robert Linneman
Represented By: Brian P. O'Connor
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Defendant: Joseph S. Griffin
Represented By: Benjamin Gerald Dusing
Represented By: Jean Geoppinger McCoy
Represented By: David P. Kamp
Represented By: J. Robert Linneman
Represented By: Brian P. O'Connor
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Defendant: Juanita M. Griffin
Represented By: Benjamin Gerald Dusing
Represented By: J. Robert Linneman
Represented By: Brian P. O'Connor
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Defendant: Anthony A. Griffin
Represented By: Caitlin E. Murphy
Represented By: Gregory G. Garre
Represented By: Melissa Arbus Sherry
Represented By: Thomas F. Hankinson
Represented By: Benjamin Gerald Dusing
Represented By: Heather A. Waller
Represented By: John E. Floyd
Represented By: Steven C. Coffaro
Represented By: Jacob D. Rhode
Represented By: Sarah V. Geiger
Represented By: Benjamin William Snyder
Represented By: J. Robert Linneman
Represented By: Joseph M. Callow, Jr.
Represented By: Brian P. O'Connor
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Defendant: Dana L. Griffin
Represented By: Benjamin Gerald Dusing
Represented By: Jean Geoppinger McCoy
Represented By: David P. Kamp
Represented By: J. Robert Linneman
Represented By: Brian P. O'Connor
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Defendant: John C. Griffin
Represented By: Benjamin Gerald Dusing
Represented By: Jean Geoppinger McCoy
Represented By: David P. Kamp
Represented By: J. Robert Linneman
Represented By: Brian P. O'Connor
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Defendant: Marcus D. Griffin
Represented By: Benjamin Gerald Dusing
Represented By: Jean Geoppinger McCoy
Represented By: David P. Kamp
Represented By: J. Robert Linneman
Represented By: Brian P. O'Connor
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Defendant: Michael Kautzman
Represented By: Benjamin Gerald Dusing
Represented By: David P. Kamp
Represented By: J. Robert Linneman
Represented By: Brian P. O'Connor
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Defendant: Renee Griffin
Represented By: Benjamin Gerald Dusing
Represented By: Andrew S. Nicoll
Represented By: Carolyn A. Taggart
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Defendant: Anthony Griffin
Represented By: Benjamin Gerald Dusing
Represented By: Jean Geoppinger McCoy
Represented By: David P. Kamp
Represented By: J. Robert Linneman
Represented By: Brian P. O'Connor
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Defendant: John Doe
Represented By: Thomas F. Hankinson
Represented By: Christy M. Nageleisen
Represented By: Joseph M. Callow, Jr.
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Defendant: Toby A. Griffin
Represented By: Benjamin Gerald Dusing
Represented By: J. Robert Linneman
Represented By: Brian P. O'Connor
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Defendant: Traci Lynn Dehlinger
Represented By: Benjamin Gerald Dusing
Represented By: Jean Geoppinger McCoy
Represented By: David P. Kamp
Represented By: J. Robert Linneman
Represented By: Brian P. O'Connor
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Defendant: Jessica M. Griffin
Represented By: Benjamin Gerald Dusing
Represented By: Andrew S. Nicoll
Represented By: Carolyn A. Taggart
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Defendant: Bradie N. Griffin
Represented By: Benjamin Gerald Dusing
Represented By: Andrew S. Nicoll
Represented By: Carolyn A. Taggart
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Defendant: Stephanie N. Griffin
Represented By: Benjamin Gerald Dusing
Represented By: Andrew S. Nicoll
Represented By: Carolyn A. Taggart
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Defendant: Thomas Griffin
Represented By: Benjamin Gerald Dusing
Represented By: Andrew S. Nicoll
Represented By: Carolyn A. Taggart
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Defendant: Martom Properties, LLC
Represented By: Gregory G. Garre
Represented By: Melissa Arbus Sherry
Represented By: Thomas F. Hankinson
Represented By: Heather A. Waller
Represented By: Benjamin Gerald Dusing
Represented By: Robert G. Sanker
Represented By: Caitlin E. Murphy
Represented By: John E. Floyd
Represented By: Steven C. Coffaro
Represented By: Jacob D. Rhode
Represented By: Sarah V. Geiger
Represented By: Joseph M. Callow, Jr.
Represented By: Benjamin William Snyder
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Defendant: Juanita Griffin
Represented By: Benjamin Gerald Dusing
Represented By: Jean Geoppinger McCoy
Represented By: David P. Kamp
Represented By: J. Robert Linneman
Represented By: Brian P. O'Connor
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Defendant: Christopher A. Griffin
Represented By: Benjamin Gerald Dusing
Represented By: Andrew S. Nicoll
Represented By: Carolyn A. Taggart
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Defendant: Unknown Others
Represented By: Andrew S. Nicoll
Represented By: David P. Kamp
Represented By: Carolyn A. Taggart
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Defendant: Joyce Griffin
Represented By: Benjamin Gerald Dusing
Represented By: Jean Geoppinger McCoy
Represented By: David P. Kamp
Represented By: J. Robert Linneman
Represented By: Brian P. O'Connor
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Defendant: Dennis B. Griffin Revocable Trust - 2012
Represented By: Caitlin E. Murphy
Represented By: Gregory G. Garre
Represented By: Melissa Arbus Sherry
Represented By: Thomas F. Hankinson
Represented By: Heather A. Waller
Represented By: Robert G. Sanker
Represented By: John E. Floyd
Represented By: Steven C. Coffaro
Represented By: Jacob D. Rhode
Represented By: Joseph M. Callow, Jr.
Represented By: Sarah V. Geiger
Represented By: Benjamin William Snyder
Represented By: Brian P. O'Connor
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Defendant: Jon Marcus Griffin
Represented By: Benjamin Gerald Dusing
Represented By: Andrew S. Nicoll
Represented By: Carolyn A. Taggart
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Defendant: Jordan Griffin
Represented By: Benjamin Gerald Dusing
Represented By: Andrew S. Nicoll
Represented By: Carolyn A. Taggart
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Defendant: Denise Griffin
Represented By: Benjamin Gerald Dusing
Represented By: Jean Geoppinger McCoy
Represented By: David P. Kamp
Represented By: J. Robert Linneman
Represented By: Brian P. O'Connor
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Defendant: Chelsea R. Griffin
Represented By: Benjamin Gerald Dusing
Represented By: Andrew S. Nicoll
Represented By: Carolyn A. Taggart
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Defendant: Brian J. Griffin
Represented By: Benjamin Gerald Dusing
Represented By: Andrew S. Nicoll
Represented By: Carolyn A. Taggart
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Defendant: Joseph D. Griffin
Represented By: Caitlin E. Murphy
Represented By: Gregory G. Garre
Represented By: Melissa Arbus Sherry
Represented By: Thomas F. Hankinson
Represented By: Benjamin Gerald Dusing
Represented By: Heather A. Waller
Represented By: Robert G. Sanker
Represented By: Christy M. Nageleisen
Represented By: John E. Floyd
Represented By: Steven C. Coffaro
Represented By: Jacob D. Rhode
Represented By: Sarah V. Geiger
Represented By: Benjamin William Snyder
Represented By: J. Robert Linneman
Represented By: Joseph M. Callow, Jr.
Represented By: Brian P. O'Connor
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Defendant: Houston Griffin Mackinder
Represented By: Benjamin Gerald Dusing
Represented By: J. Robert Linneman
Represented By: Brian P. O'Connor
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Defendant: Mitchell Dehlinger Griffin
Represented By: Benjamin Gerald Dusing
Represented By: Jean Geoppinger McCoy
Represented By: David P. Kamp
Represented By: J. Robert Linneman
Represented By: Brian P. O'Connor
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Defendant: Jane Doe
Represented By: Thomas F. Hankinson
Represented By: Christy M. Nageleisen
Represented By: Joseph M. Callow, Jr.
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Defendant: Robert A. Griffin
Represented By: Caitlin E. Murphy
Represented By: Thomas F. Hankinson
Represented By: Benjamin Gerald Dusing
Represented By: Christy M. Nageleisen
Represented By: John E. Floyd
Represented By: Steven C. Coffaro
Represented By: Jacob D. Rhode
Represented By: Joseph M. Callow, Jr.
Represented By: Carolyn A. Taggart
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Defendant: Keating Muething & Klekamp, PLL
Represented By: George D. Jonson
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Defendant: Toby Griffin
Represented By: Benjamin Gerald Dusing
Represented By: Jean Geoppinger McCoy
Represented By: David P. Kamp
Represented By: J. Robert Linneman
Represented By: Brian P. O'Connor
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Defendant: Traci G. Kautzman
Represented By: Benjamin Gerald Dusing
Represented By: J. Robert Linneman
Represented By: Brian P. O'Connor
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Defendant: Martin Griffin
Represented By: Benjamin Gerald Dusing
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Defendant: Michael R. Griffin
Represented By: Benjamin Gerald Dusing
Represented By: Andrew S. Nicoll
Represented By: Carolyn A. Taggart
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Garnishee: Chase Bank
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Garnishee: MainSource Bank, Inc.
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Garnishee: Griffin Industries, LLC
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Garnishee: Citizens Bank of Northern Kentucky, Inc.
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Garnishee: First Financial Bank, National Association, Inc.
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Garnishee: Fidant Wealth Partners
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Garnishee: Fifth Third Bank
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Garnishee: Charles Schwab
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Garnishee: U.S. Bank
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Garnishee: Guardian Savings Bank
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Garnishee: Heritage Bank, Inc.
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Garnishee: Commonwealth Bank & Trust Company
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Garnishee: Huntington National Bank
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Garnishee: Central Bank & Trust Co.
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Garnishee: Kentucky Federal Savings & Loan Assn.
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Garnishee: Griffin Family Trust, Christopher Griffin Trustee
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Garnishee: Broadview Financial Advisors, Inc.
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Garnishee: Victory Community Bank
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Garnishee: Stock Yards Bank & Trust Company
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Garnishee: Woodforest National Bank
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Garnishee: PNC Bank
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Garnishee: Baird
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Garnishee: Union Savings Bank
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Garnishee: BB&T
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Garnishee: Suntrust Bank Corp.
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Garnishee: Republic Bank & Trust Co.
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Garnishee: J.P. Morgan Chase Bank N.A.
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Garnishee: Wells Fargo Bank, National Association
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Petitioner: Griffin Family Trust
Represented By: Victor A. Walton
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Petitioner: Thompson Hine, LLP
Represented By: Stephen J. Butler
Represented By: Louis F. Solimine
Represented By: Kimberly Ellen Ramundo
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Plaintiff: Judith E. Prewitt
Represented By: Jennifer A. Schultz
Represented By: Justin L. Knappick
Represented By: Anthony J. Bickel
Represented By: Eva Christine Trout
Represented By: Elizabeth Graham Weber
Represented By: Christopher B. Markus
Represented By: J. Kent Wicker
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Plaintiff: Andrew Nicoll
Represented By: Jean Geoppinger McCoy
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Plaintiff: Elizabeth A. Osborn
Represented By: Janet P. Jakubowicz
Represented By: Susan L. Williams
Represented By: Mark T. Hayden
Represented By: Bart L. Greenwald
Represented By: Natalie Donahue Montell
Represented By: Benjamin Joel Lewis
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Plaintiff: Carolyn Taggart
Represented By: Jean Geoppinger McCoy
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Plaintiff: Linda G. Holt
Represented By: Jennifer A. Schultz
Represented By: Justin L. Knappick
Represented By: Anthony J. Bickel
Represented By: Eva Christine Trout
Represented By: Elizabeth Graham Weber
Represented By: Christopher B. Markus
Represented By: J. Kent Wicker
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Plaintiff: Cynthia L. Roeder
Represented By: Jennifer A. Schultz
Represented By: Justin L. Knappick
Represented By: Anthony J. Bickel
Represented By: Eva Christine Trout
Represented By: Elizabeth Graham Weber
Represented By: Christopher B. Markus
Represented By: J. Kent Wicker
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Not classified by court: Jean McCoy
Represented By: Jean Geoppinger McCoy
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Not classified by court: David P Kamp
Represented By: Jean Geoppinger McCoy
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