Scott v. Durham et al
Plaintiff: James F Scott
Defendant: Timothy S Durham, Diamond Investments LLC, Diamond Investments Inc, Donald D Lyons, Joan L Lyons, Donald Lyons Family Trust, Mark Hyman, Hyman Ltd Classic Cars, Kruse Inc and Auburn Automotive Heritage Inc
Case Number: 1:2009cv00348
Filed: December 10, 2009
Court: US District Court for the Northern District of Indiana
Office: Fort Wayne Office
County: XX US, Outside State
Presiding Judge: Roger B Cosbey
Presiding Judge: Philip P Simon
Nature of Suit: Fraud or Truth-In-Lending
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Fraud
Jury Demanded By: Both

Available Case Documents

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Date Filed Document Text
March 6, 2014 Opinion or Order Filing 265 OPINION AND ORDER GRANTING 262 MOTION to Dismiss Voluntarily Certain Claims and for Entry of Final Judgment on Remaining Claims by Plaintiffs Donald D Lyons, Joan L Lyons. Defendants Timothy Durham and Diamond Investments ORDERED to pay Plaintiffs Donald and Joan Lyons $1,000,000.00 on Plaintiffs' Count II and prejudgment interest in the amount of $219.18 per day from September 9, 2009 through the entry of judgment. All remaining claims of Plaintiffs Donald and Joan Lyons are DI SMISSED WITHOUT PREJUDICE. All remaining cross-claims of Webster Business Credit Corporation are DISMISSED WITHOUT PREJUDICE. All pending motions are DENIED AS MOOT. Clerk DIRECTED to ENTER FINAL JUDGMENT stating that the Plaintiffs are entitled to the relief stated herein. Clerk DIRECTED to treat this matter as TERMINATED. Signed by Chief Judge Philip P Simon on 3/6/14. (cer)
September 7, 2012 Opinion or Order Filing 245 OPINION AND ORDER GRANTING IN PART and DENYING IN PART 220 MOTION for Summary Judgment filed by Joan L Lyons, Donald D Lyons. Pla's Motion is GRANTED as to Count II of its Third Amended Complaint and Counts I, III, IV and V are DISMISSED. The Motion as to Counts VI, VII, VIII and XI is DENIED. The Motion as to Count IX is DENIED and only the Lyonses' claim in Count IX remain pending. Telephonic Status Conference set for 9/13/2012 10:45 AM (Hammond time) before Chief Judge Philip P Simon. The Court will initiate the telephone conference as outlined. Signed by Chief Judge Philip P Simon on 9/7/2012. (lns)
June 3, 2011 Opinion or Order Filing 205 OPINION AND ORDER GRANTING 199 MOTION for Leave to File Third Amended Complaint filed by Joan L Lyons, Donald D Lyons. Clerk DIRECTED to show Third Amended Complaint filed. Clerk to show Diamond Investments Inc termed. Dfts to file answer to Third Amended Complaint w/in 14 days. Signed by Magistrate Judge Roger B Cosbey on 6/3/2011. (lns)
February 18, 2011 Opinion or Order Filing 185 OPINION AND ORDER GRANTING 147 RULE 12(f) MOTION to Strike filed by Donald D Lyons. Signed by Magistrate Judge Roger B Cosbey on 2/18/2011. (lns)
January 5, 2011 Opinion or Order Filing 176 OPINION AND ORDER DENYING 168 Rule 12(f) Motion to Strike by Auburn Automotive Heritage Inc. Signed by Magistrate Judge Roger B Cosbey on 1/5/2011. (lns)
January 3, 2011 Opinion or Order Filing 175 OPINION AND ORDER GRANTING 144 Motion to Dismiss by Plaintiff Donald D Lyons, Joan Lyons and Donald Lyons Family Trust; GRANTING 145 Motion to Dismiss by ThirdParty Defendant Mark Hyman and Hyman Properties. Court DISMISSES WITHOUT PREJUDICE foll owing claims asserted by the Museum against those parties: Count I, Count IV, and Count VI. The Museum is GRANTED LEAVE TO AMEND its pleadings within 30 days of the date of entry of this Order to address the deficiencies outlined above. Signed by Chief Judge Philip P Simon on 1/3/2011. (lns)
November 3, 2010 Opinion or Order Filing 167 OPINION AND ORDER GRANTING 100 Joint Motion for Partial Dismissal with Prejudice filed by James F Scott. Pla James Scott's claims in his amended complaint against the Lyons Dfts, the Hyman Dfts, Dft Kruse and Dft Webster are DISMISSED WITH PRE JUDICE; Dft Webster's claims in its counterclaim and crossclaims against Pla Scott, the Lyons Dfts, the Hyman Dfts and Dft Kruse are DISMISSED WITH PREJUDICE; the Hyman Dfts' claims in their counterclaim and cross-claims against Pla Scott, the Lyons Dfts, Dft Kruse and Dft Webster are DISMISSED WITH PREJUDICE. Signed by Chief Judge Philip P Simon on 11/3/2010. (lns)
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Plaintiff: James F Scott
Represented By: Jeffrey P Smith
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Defendant: Timothy S Durham
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Defendant: Diamond Investments LLC
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Defendant: Diamond Investments Inc
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Defendant: Donald D Lyons
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Defendant: Joan L Lyons
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Defendant: Donald Lyons Family Trust
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Defendant: Mark Hyman
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Defendant: Hyman Ltd Classic Cars
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Defendant: Kruse Inc
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Defendant: Auburn Automotive Heritage Inc
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