ALERDING CASTOR HEWITT LLP v. FLETCHER et al
Plaintiff: ALERDING CASTOR HEWITT LLP
Defendant: PAUL FLETCHER and CAROLE WOCKNER
Counter Defendant: ALERDING CASTOR HEWITT LLP
Counter Claimant: PAUL FLETCHER and CAROLE WOCKNER
Case Number: 1:2016cv02453
Filed: September 14, 2016
Court: US District Court for the Southern District of Indiana
Office: Indianapolis Office
Presiding Judge: Debra McVicker Lynch
Presiding Judge: Richard L. Young
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1331 Fed. Question
Jury Demanded By: Defendant

Available Case Documents

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Date Filed Document Text
September 16, 2021 Opinion or Order Filing 270 ORDER ON PREJUDGMENT INTEREST - The parties' agreement did not set an interest rate for unpaid balances, see dkt. 1-2 at 7-8; Plaintiff's trial exhibit 12, so the statutory rate of 8% applies, Indiana Code § 24-4.6-1-103; BRC R ubber, 981 F.3d at 636 ("Where the parties have not agreed to a specified interest rate, Indiana law directs courts to use the rate of 8% per year."). At an 8% rate, the actual damages of $67,423.24 accrued prejudgment interest of $14.78 per day (.08/365*67,423.24). See id. (affirming prejudgment interest similarly calculated "per diem through the date of judgment"). August 5, 2016 through September 16, 2021--the date of judgment--i s 1,869 days. Plaintiff is therefore entitled to $27,623.82 in prejudgment interest (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Judge James Patrick Hanlon on 9/16/2021. Copy to Defendant Paul Fletcher and Carole Wockner via US Mail. (DWH)
August 26, 2021 Opinion or Order Filing 245 ORDER ON AFFIRMATIVE DEFENSES AND DISGORGEMENT. As the Court previously ordered, Defendants may present evidence in support of the affirmative defenses of fraudulent inducement and breach of fiduciary duty. Dkt. 211 . If they are successful, Plai ntiff may be subject to fee forfeiture, which might extend to all unpaid fees. See id. at 6. But, for the reasons explained above and at the summary stage, that cannot allow disgorgement of fees. (SEE ORDER). Copy to Defendants' via U.S. Mail. Signed by Judge James Patrick Hanlon on 8/26/2021. (MAC)
February 21, 2020 Opinion or Order Filing 211 ORDER ON AFFIRMATIVE DEFENSES: Defendants may present evidence in support of their affirmative defenses for fraudulent inducement and breach of fiduciary duty at trial. They will be entitled to jury instructions on those defenses, however, only if th ey are supported by sufficient evidence. Defendants may not present their promissory estoppel affirmative defense at trial as it is duplicative and they may present evidence that Alerding Castor did not perform its part of the contract. Defendants SH ALL FILE by March 6, 2020 updated final jury instructions on their affirmative defenses, in light of this ruling and the Court's ruling on their motion to correct error, dkt. 208. *** SEE ORDER FOR ADDITIONAL DETAILS *** Copy mailed to Carole Wockner and Paul Fletcher via US Mail. Signed by Judge James Patrick Hanlon on 2/21/2020.(PKP) Modified on 2/21/2020 (PKP).
February 14, 2020 Opinion or Order Filing 208 ORDER DENYING DEFENDANTS MOTION TO CORRECT ERROR AND REINSTATE COUNTERCLAIMS -On April 18, 2019, the Court granted Alerding Castor Hewitts motion for partial summary judgment on Defendants counterclaims. Dkt. 172. Defendants have filed a motion to correct error and reinstate their counterclaims. Defendants motion to correct error and reinstate counterclaims is DENIED. Dkt. 189 (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Judge James Patrick Hanlon on 2/14/2020. Copy sent to Paul Fletcher and Carole Wockner via US Mail. (DWH)
April 18, 2019 Opinion or Order Filing 173 ENTRY ON OBJECTIONS TO THE MAGISTRATE JUDGE'S ORDERS - For the reasons stated above, the Court OVERRULES the Golombs' Objection, dkt. 157 , and Defendants' Objections, dkt. 158 , dkt. 171 (SEE ENTRY FOR ADDTIONAL INFORMATION). Signed by Judge James Patrick Hanlon on 4/18/2019. Copy sent to Carole Wockner and Paul Fletcher via US Mail. (DWH)
January 11, 2019 Opinion or Order Filing 162 ORDER Therefore, the Court ORDERS Plaintiff to file jurisdictional statement by January 25, 2019, that provides the citizenship of its limited partners and any general partner. Should that statement leave the Court's jurisdiction unresolved, the Court will require the parties to conduct further investigation and file a joint jurisdictional statement regarding the underlying jurisdictional allegations before the litigation moves forward (SEE ORDER). Signed by Judge James Patrick Hanlon on 1/11/2019. Copy to Plaintiff via US Mail. (DWH)
December 5, 2017 Opinion or Order Filing 87 ORDER granting Non-Parties' Wayne R. Golomb and Graceia Golomb 61 Motion to Quash. See Order. Copy to Carole Wockner and Paul Fletcher via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 12/5/2017. (SWM)
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Counter defendant: ALERDING CASTOR HEWITT LLP
Represented By: Michael J. Alerding
Represented By: Anthony Roach
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Plaintiff: ALERDING CASTOR HEWITT LLP
Represented By: Michael J. Alerding
Represented By: Anthony Roach
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Counter claimant: PAUL FLETCHER
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Counter claimant: CAROLE WOCKNER
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Defendant: PAUL FLETCHER
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Defendant: CAROLE WOCKNER
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