Warfield et al v. Stewart et al
Plaintiff: Kennard Warfield, Jr. and Mary Ellen Warfield
Defendant: James A. Stewart, Terrill L. Stewart, James Dudley Hall, VIP Realty Group, Inc. and John Doe
Case Number: 2:2007cv00332
Filed: May 22, 2007
Court: US District Court for the Middle District of Florida
Office: Ft. Myers Office
County: Lee
Presiding Judge: Douglas N. Frazier
Presiding Judge: John E. Steele
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
April 23, 2010 Opinion or Order Filing 401 ORDER Plaintiffs' Motion for Stay of Judgment and of Approval of Supersedeas Bond 397 is GRANTED. The Judgments against Plaintiffs 360 , 391 are STAYED pending further order. Defendants' Supplemental Motion for Attorneys' Fees 393 is TERMINATED during the pendency of Plaintiffs' appeal. Plaintiffs are required to post a supersedeas bond in the amount of $237,561.70. Signed by Judge Virginia M. Hernandez Covington on 4/23/2010. (KAK)
March 31, 2010 Opinion or Order Filing 400 ORDER denying 394 Motion for reconsideration. Signed by Judge Virginia M. Hernandez Covington on 3/31/2010. (KAK)
February 26, 2010 Opinion or Order Filing 391 ORDER: United States Magistrate Judge Sheri Polster Chappell's Report and Recommendation 383 is ACCEPTED and ADOPTED. Defendants' Motion for Award of Attorneys' Fees and Non-Taxable Expenses 361 is granted in part and denied in part as follows: Defendants are awarded $186,278.50 in attorneys' fees and $1,937.99 in costs. Signed by Judge Virginia M. Hernandez Covington on 2/26/2010. (KAK)
February 21, 2010 Opinion or Order Filing 390 ORDER denying 358 Motion for new trial; denying 367 Motion for leave to file a reply. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 2/21/2010. (KAK)
August 5, 2009 Opinion or Order Filing 329 ORDER: The Court declines to exclude the Whitney Affidavit. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 8/5/2009. (KAK)
August 3, 2009 Opinion or Order Filing 321 ORDER: The attorneys are directed to meet the Court at the Property on Tuesday, August 4, 2009, at 3:00 p.m. A status conference in Courtroom 6B will take place after the viewing of the Property. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 8/3/2009. (KAK)
August 2, 2009 Opinion or Order Filing 318 ORDER: Plaintiffs' Motion in Limine 268 is DENIED as set forth in this order. Signed by Judge Virginia M. Hernandez Covington on 8/2/2009. (KAK)
July 31, 2009 Opinion or Order Filing 314 ORDER: Plaintiffs' Motion in Limine 268 is DENIED IN PART. Specifically, the Court declines to exclude the expert testimony of Andy Gray. Signed by Judge Virginia M. Hernandez Covington on 7/31/2009. (KAK)
July 29, 2009 Opinion or Order Filing 309 ORDER: Defendants Hall and VIP Realty's Motion in Limine 269 is DENIED. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 7/29/2009. (KAK)
July 2, 2009 Opinion or Order Filing 262 ORDER: The Warfields' Motion for Partial Summary Judgment 234 is DENIED. Terrill Stewart's Motion for Summary Judgment 238 is DENIED. James Hall and VIP Realty Group, Inc.'s Motion for Summary Judgment 239 is DENIED. The Warfields' Motion for Leave to File a Reply 248 is DENIED AS MOOT. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 7/2/2009. (KAK)
June 9, 2009 Opinion or Order Filing 254 ORDER: Defendants' Reconsideration Motions 249 and 250 are GRANTED. The Court vacates its June 1, 2009, Order denying Defendants' Summary Judgment Motions as untimely 244 . Signed by Judge Virginia M. Hernandez Covington on 6/9/2009. (KAK)
June 1, 2009 Opinion or Order Filing 246 ORDER: United States Magistrate Judge Sheri Polster Chappell's Report and Recommendation 221 is ACCEPTED and ADOPTED. Defendant, James Dudley Hall and VIP Realty's Motion to Strike the Plaintiff's Expert, Mark Trude, and his Expert Report 207 is DENIED. Defendants Terrill L. Stewart, Individually, and as Executrix of the Estate of James A. Stewart's Motion to Strike Plaintiff's Expert, Mark Trude, and his Expert Report 208 is DENIED. Signed by Judge Virginia M. Hernandez Covington on 6/1/2009. (KAK)
February 20, 2009 Opinion or Order Filing 197 ORDER: Plaintiffs' objections to the order denying Plaintiffs' second motion for leave to amend 154 are sustained. The Clerk is directed to file Plaintiffs second amended complaint [142-2], and Defendant Whitney is dismissed via the secon d amended complaint. The Stewarts' motion for summary judgment 157 is denied as moot. Hall and VIP Realty's motion for summary judgment 158 is denied as moot. The Warfields' motion for summary judgment 159 is denied as moot. W hitney's motion for summary judgment 160 is denied as moot. The parties shall renew their dispositive motions on or before May 1, 2009. The pretrial conference shall take place on July 7, 2009, at 10:00 a.m. This case is set for the trial term commencing August 3, 2009. The Clerk shall enter an amended case management and scheduling order. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 2/20/2009. (KAK)
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Plaintiff: Kennard Warfield, Jr.
Represented By: Andrew George MacKenzie
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Plaintiff: Mary Ellen Warfield
Represented By: Andrew George MacKenzie
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Defendant: James A. Stewart
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Defendant: Terrill L. Stewart
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Defendant: James Dudley Hall
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Defendant: VIP Realty Group, Inc.
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Defendant: John Doe
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