DESIGN BASICS, LLC et al v. KERSTIENS HOMES & DESIGNS INC., et al
| DESIGN BASICS, LLC, PLAN PROS, INC. and PRIME DESIGNS INC. |
| KERSTIENS HOMES & DESIGNS INC, KERSTIENS HOME & DESIGNS, INC., T-KERSTIENS HOMES CORP., KERSTIENS REALTY, INC., KERSTIENS MANAGEMENT CORP., KERSTIENS LEASING CORP., KERSTIENS HOLDING CORP. and KERSTIENS DEVELOPMENT INC. |
| 1:2016cv00726 |
| March 31, 2016 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Denise K LaRue |
| Tanya Walton Pratt |
| Doris L Pryor |
| Copyright |
| 17 U.S.C. ยง 101 |
| Plaintiff |
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Filing
300
ORDER ADOPTING REPORT AND RECOMMENDATION - The Court, having considered the Magistrate Judge's Report and Recommendation, hereby adopts the Magistrate Judge's Report and Recommendation. The Motion to Establish Security Amount is GRANTE D in PART. The Court finds that a security in the amount of $530,998.36 is reasonable under the circumstances. The Court grants the request to approve the security and orders that the execution of judgment and payment of fees and costs are st ayed with security in the amount of $530,998.36 pending appeal in this matter. The obligation of the Plaintiffs and the Garnishee Defendants to provide responses to the written discovery is deemed moot. The proceedings supplemental hearing set April 30, 2020 is VACATED. Signed by Judge Tanya Walton Pratt on 4/28/2020.(NAD)
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Filing
292
ORDER ON PLAINTIFFS' 271 MOTION FOR EXTENSION OF TIME TO FILE APPEAL - Plaintiffs' Motion for Extension of Time to File Appeal (Filing No. 271 ) is GRANTED. The Motion was timely filed, and excusable neglect exists; therefore, Plaintiffs are granted an extension of time to file their Notice of Appeal of the Court's September 30, 2019 attorney's fee. (See Order.) Signed by Judge Tanya Walton Pratt on 3/26/2020. (NAD) Modified on 3/26/2020 - Edited for administrative purposes(NAD).
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Filing
263
ORDER on Defendants' Motion for Costs, Including Attorney Fees - The Defendants' Motion for Costs, Including Attorney Fees (Filing No. 235 ) is GRANTED. The Defendants are awarded their attorney fees and costs in the amount of $518,457.80 ($519,279.55 minus $821.75) against the Plaintiffs. Signed by Judge Tanya Walton Pratt on 9/30/2019. (TRG)
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Filing
232
ENTRY ON PENDING MOTIONS - For the reasons stated above, the Court GRANTS the Home Defendants' Motion for Summary Judgment (Filing No. 136 ). Because the resolution of the Home Defendants' Motion makes the issues raised in the Managem ent Defendants' Motion moot, the Court DENIES as moot the Management Defendants' Motion for Summary Judgment (Filing No. 88 ). The other pending motions have become moot because of the Court's resolution of the summary judgment motion in favor of the Defendants. Therefore, these other motions are also DENIED as moot: Motion for Oral Argument (Filing No. 149 ), Renewed Motion to Require Plaintiffs to Post Bond (Filing No. 159 ), Defendants' Objections to Expert Te stimony That May Be Proffered by Plaintiffs (Filing No. 176 ), Plaintiffs' Motion to Exclude Expert Testimony and Request for Daubert Hearing (Filing No. 196 ), Plaintiffs' Motion in Limine Regarding Evidence not Provided By Defendants in Discovery (Filing No. 197 ), and Plaintiffs' General Motion in Limine (Filing No. 199 ). Final judgment will issue under separate order (SEE ORDER). Signed by Judge Tanya Walton Pratt on 9/19/2018. (DWH)
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Filing
222
ENTRY ON MOTIONS TO STRIKE - This matter is before the Court on two Motions to Strike filed by Defendants, Kerstiens Homes & Designs, Inc. and T-Kerstiens Homes Corp., (the "Home Defendants") (Filing No. 158 ; Filing No. 167 ). The Hom e Defendants request that the Court strike two sets of amended declarations filed by Plaintiffs, Design Basics, LLC, Plan Pros, Inc., and Prime Designs, Inc. (collectively the "Plaintiffs") to correct errors within the original declarati ons that Plaintiffs filed in conjunction with their Response in Opposition to the Home Defendants' Motion for Summary Judgment (Filing No. 136 ). Specifically, the Home Defendants argue that the Court cannot consider either set of amended de clarations because Plaintiffs cannot submit new evidence in a surreply or supplement in opposition to summary judgment that was not previously presented in their response in opposition, and that the Home Defendants would be prejudiced if the Court were to consider this new evidence. the Court DENIES the Home Defendants' Motion to Strike Declarations Submitted with Surreply as moot (Filing No. 158 ), and DENIES the Home Defendants' Motion to Strike Plaintiffs' Supplement to their Response in Motion for Summary Judgment (Filing No. 167 ). The Court will consider the Second Amended Declarations supplemented by the Plaintiffs in its decision regarding the Home Defendants' Motion for Summary Judgment. (See Entry.) Signed by Judge Tanya Walton Pratt on 4/10/2018. (NAD)
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Filing
214
ORDER ON PLAINTIFFS' APPEAL OF MAGISTRATE JUDGE'S ORDER ON MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT - The Court DENIES Design Basics' Appeal of the Magistrate Judge's Order on its Motion for Leave to File a Second Amended Complaint (Filing No. 99 ). (See Order.) Signed by Judge Tanya Walton Pratt on 3/9/2018. (BRR)
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