TESLER v. MILLER HOWARD INVESTMENTS, INC
| ERIC S TESLER |
| MILLER HOWARD INVESTMENTS, INC |
| 1:2016cv00640 |
| March 21, 2016 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Matthew P. Brookman |
| Tanya Walton Pratt |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
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Filing
148
ENTRY ON PENDING MOTIONS IN LIMINE - For the reasons stated above, the Court DENIES Miller/Howard's First Motion in Limine (Filing No. 130 ) and GRANTS its Second Motion in Limine (Filing No. 131 ), as to settlement discussions or severance negotiations only. An order in limine is not a final, appealable order. If the parties believe that evidence excluded by this Order becomes relevant or otherwise admissible during the course of trial, counsel may approach and request a hearing ou tside the presence of the jury. Likewise, if the parties believe that specific evidence is inadmissible during the course of the trial, counsel may raise specific objections to that evidence. (See Entry.) Signed by Judge Tanya Walton Pratt on 5/13/2019. (NAD)
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Filing
124
ENTRY ON DEFENDANT'S MOTION TO RECONSIDER - For the reasons set forth above, Miller/Howard's Motion to Reconsider the Court's Entry on its Motion for Summary Judgment, (Filing No. 118 ), is GRANTED in part and DENIED in part. It is gr anted in that the Court's Entry on Defendant's Motion for Summary Judgment (Filing No. 111 ) is modified to reflect that Tesler's breach of contract claim is subject to the two-year statute of limitation period established by Indiana Code § 34-11-2-1, not the six-year statute of limitation period contained in Indiana Code § 34-11-2-9. In all other respects the motion is denied. See Entry for details. Signed by Judge Tanya Walton Pratt on 3/1/2019. (MAT)
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Filing
111
ENTRY ON DEFENDANT'S 84 MOTION FOR SUMMARY JUDGMENT. For the foregoing reasons, Miller/Howard's Motion for Summary Judgment (Filing No. 84) is GRANTED in part and DENIED in part. Summary judgment is granted on Tesler's claims for unjust enrichment (Count III), negligence (Count V), and breach of fiduciary duty (Count VI), and these claims are DISMISSED. Summary Judgment is denied on Tesler's breach of contract claim (Count VIII), which claim may proceed to trial. (See Entry.) Signed by Judge Tanya Walton Pratt on 2/4/2019. (NAD)
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Filing
57
ENTRY ON DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED OMPLAINT - 41 Motion to Dismiss for Failure to State a Claim is GRANTED in part and DENIED in part, as follows: Miller/Howard's Motion to Dismiss Tesler's Indi ana's Wage Claims Act violation (Counts I), Indiana's Wage Payment Act violation (Count II), conversion (Count IV), and fraud (Count VII) claims is GRANTED, and these claims are DISMISSED WITH PREJUDICE. Miller/Howard's Motion to Dismiss Tesler's claims for unjust enrichment (Count III), negligence (Count V), breach of fiduciary duty (Count VI), and breach of contract (Count VIII) is DENIED. See Entry for details. Signed by Judge Tanya Walton Pratt on 7/3/2017. (LBT)
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| Defendant: MILLER HOWARD INVESTMENTS, INC | |
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| Plaintiff: ERIC S TESLER | |
| Represented By: | Leslie Ann Weygandt Barnes |
| Represented By: | Michael A. Clements |
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