Miller et al v. Up In Smoke Inc et al
| John P Miller, III and Miller Fireworks Company Inc The |
| Up In Smoke Inc, CR Smoke Inc, Fat Enterprises LLC, Rudolfo Rodriguez, Jr, Charlotte Rodriguez and Estep Accounting Service Inc |
| 1:2009cv00242 |
| August 25, 2009 |
| US District Court for the Northern District of Indiana |
| Fort Wayne Office |
| XX US, Outside State |
| Roger B Cosbey |
| Theresa L Springmann |
| Plaintiff |
| 28 U.S.C. ยง 1332 Diversity-Contract Dispute |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
264
OPINION AND ORDER GRANTING 257 STIPULATION to Dismiss with Prejudice by Receiver Martin Seifert, Plaintiff John P Miller, III, Defendants Charlotte Rodriguez, Rudolfo Rodriguez, Jr. This case is DISMISSED WITH PREJUDICE. The Court RETAINS jurisdiction to wind up the Receivership, but DENIES the parties' request to retain jurisdiction to enforce the settlement terms. Signed by Magistrate Judge Roger B Cosbey on 1/23/12. (cer). Modified on 1/23/2012. (cer)
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Filing
223
OPINION AND ORDER DENYING 205 MOTION for Attorney Fees Enforcement of Attorney Fee Lien by Defendants CR Smoke Inc, Estep Accounting Service Inc, Fat Enterprises LLC, Charlotte Rodriguez, Rudolfo Rodriguez, Jr, Up In Smoke Inc; 215 MOTION for Enf orcement of Attorney Lien by Defendants CR Smoke Inc, Charlotte Rodriguez, Rudolfo Rodriguez, Jr, Up In Smoke Inc; 216 MOTION for Enforcement of Attorney Fee Lien by Defendants CR Smoke Inc, Charlotte Rodriguez, Rudolfo Rodriguez, Jr, Up In Smoke I nc.; GRANTING 211 MOTION to Strike Attorney Fee Liens of Theisen, Bowers & Associates and Cress Law Group PC re 194 Notice, 175 Notice by Receiver Martin Seifert; STRIKING 175 NOTICE of by CR Smoke Inc Attorney Fee Lien; 194 NOTICE by CR Smoke Inc, Fat Enterprises LLC, Charlotte Rodriguez, Rudolfo Rodriguez, Jr, Up In Smoke Inc Attorney Lien of Theisen Bowers & Associates, LLC. The Notices REMAIN as to the other Defendants. Signed by Magistrate Judge Roger B Cosbey on 7/22/11. (cer)
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Filing
155
OPINION AND ORDER granting in part and denying in part 62 Motion to Appoint Receiver; Full Receiver will be appointed for the control and managementof Up In Smoke, but DENIED as to CR Smoke and Fats Enterprises; by sep order, crt appoints Martin E. Seifert as the Full Receiver overUp In Smoke. David Danic is discharged as the Limited Receiver of Up In Smoke, CR Smoke,and Fats, provided, however, he shall cooperate with the Full Receiver of Up In Smoke as provided in the contemporaneous Order; To the extent the Stipulated Order (DE 79 ) establishes Charlotte as the manager of Up In Smoke and Alan D. Mikesell as Millers representative to monitor the corporation, those appointments are hereby terminated. The pending Motion to Amend (DE 123 ) remains under advisement as any such claim now belongs to the Full Receiver. Signed by Magistrate Judge Roger B Cosbey on 12/8/10. (lrm)
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Filing
113
OPINION AND ORDER: Counts I,II,III,IV,V, and VI of the complaint must be brought derivatively by Miller on behalf of Up In Smoke and CR Smoke. However, Up In Smoke and CR Smoke will not be re-aligned as plas and diversity jurisdiction is preserved. M iller is able to bring Counts VII,VIII and IX directly in his own name and the Court will exercise supplemental jurisdiction over these three claims. Telephonic Scheduling Conference set for 9/14/2010 10:00 AM (Fort Wayne time) before Magistrate Judg e Roger B Cosbey to set further hearing concerning the appt of receiver. The temporary receiver's Motion for Disbursement of Funds will be heard at that time. The Court will contact counsel and atty Wagoner by telephone.. Signed by Magistrate Judge Roger B Cosbey on 9/8/2010. (lns)
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Filing
104
OPINION AND ORDER: The Evidentiary Hearing set for 8/25/2010 at 9:00 AM is VACATED and CONVERTED to an Oral Argument to take place on the same date and time. Parties to each file a Brief (as outlined in Order) by 8/24/2010.Signed by Magistrate Judge Roger B Cosbey on 8/18/10. (cer)
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