Auch v. Lurie et al

Defendant: Richard E. Lurie, Adam B. Lurie, E&R Partners, LP and Lurie & Associates, LLC
Plaintiff: Walter E. Auch, Sr.
Case Number: 0:2009cv03513
Filed: December 9, 2009
Court: Minnesota District Court
County: Hennepin
Presiding Judge: Frank
Referring Judge: Nelson
Nature of Suit: Fraud or Truth-In-Lending
Cause of Action: 28:1332 Diversity-Fraud

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Date Filed#Document Text
October 21, 2011 110 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER 1. Plaintiffs' Motion to Amend the Complaint to Eliminate Counts I-III & V-XI (Doc. No. 91 ) is GRANTED IN PART and DENIED IN PART as follows: a. To the extent Plaintiffs seek to dismiss Counts I, II, III, V, VI, VI I, VIII, IX, X and XI of the Complaint, the motion is GRANTED; b. Counts I, II, III, V, VI, VII, VIII, IX, X and XI of the Complaint are DISMISSED WITHOUT PREJUDICE; and c. To the extent Plaintiffs seek to make any other changes to the Complaint (i. e. by amending their factual allegations), the motion is DENIED. 2. Defendant's Request for Permission to File a Motion for Reconsideration of the Partial Summary Judgment Order Pursuant to Local Rule 7.1(h) (Doc. No. 106 ) is DENIED. 3. Plaint iffs are entitled to judgment against Defendant as to Count IV of the Complaint (Civil Conversion), as ordered by the Court on May 10, 2011, as follows: a. Plaintiffs are entitled to judgment against Defendant in the amount of $389,270 for conve rsion of Mr. Auch's capital contributions; b. Plaintiffs are entitled to prejudgment interest at a rate of six (6) percent per year from the date of conversion until the entry of judgment (an amount that equaled $66,068.95 on May 10, 2011, the date this Court issued its partial summary judgment order); and c. Pursuant to 28 U.S.C. § 1961, post-judgment interest shall accrue beginning on the date of entry of judgment in this action.(Written Opinion). Signed by Judge Donovan W. Frank on 10/21/2011. (BJS)
May 10, 2011 90 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER granting in part and denying in part 65 Motion for Partial Summary Judgment. 1. Auch's Motion for Partial Summary Judgment (Doc. No. 65 ) is GRANTED IN PART and DENIED IN PART as follows: a. Auch is entitled to j udgment against Lurie in the amount of $389,270 for conversion of Auch's capital contributions; b. Auch is entitled to prejudgment interest at a rate of six (6) percent per year from the date of conversion until the entry of judgment, an am ount equal to $66,068.95 as of the date of this Order; and c. Pursuant to 28 U.S.C. § 1961, post-judgment interest shall accrue beginning on the date of entry of judgment in this action. (Written Opinion). Signed by Judge Donovan W. Frank on 5/10/2011. (BJS)

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Defendant: Richard E. Lurie
Represented By: Ian S Laurie
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Defendant: Adam B. Lurie
Represented By: Neal J Shapiro
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Defendant: E&R Partners, LP
Represented By: Ian S Laurie
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Defendant: Lurie & Associates, LLC
Represented By: Ian S Laurie
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Plaintiff: Walter E. Auch, Sr.
Represented By: Andrew M Luger
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