AMERICAN SENIOR COMMUNITIES, L.L.C. v. BURKHART, ET AL
| AMERICAN SENIOR COMMUNITIES, L.L.C. |
| 105210 INVESTMENTS LLC, 105214 INVESTMENTS LLC, ACCD LLC, AMERICAN SENIOR CARE LLC, DANIEL BENSON, BRIGHT HVAC LLC, BTS SOLUTIONS LLC, BTS VENTURES LLC, JAMES BURKHART, JOSHUA BURKHART, CARDINAL DISTRIBUTION LLC, CIRCLE CONSULTING LLC, FINITE CAPITAL LLC, FORCE HOLDING COMPANY LLC, STEVEN GANOTE, HEARTLAND FLAG LLC, INDIANA UNIFORM COMPANY LLC, JACCD LLC, MED-HEALTHLINE SUPPLY LLC, OREGON PROPERTIES LLC and ROGER WERNER |
| 1:2017cv03273 |
| September 15, 2017 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Sarah Evans Barker |
| Debra McVicker Lynch |
| Racketeer/Corrupt Organization |
| 18 U.S.C. ยง 1962 Racketeering (RICO) Act |
| Plaintiff |
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Filing
237
ORDER denying James Burkhart Defendants' 134 Motion to Quash Amended Subpoena. See Order for details. Signed by Magistrate Judge Debra McVicker Lynch on 11/19/2019. (SWM)
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Filing
225
ORDER ON MOTIONS TO DISMISS - For the foregoing reasons, the Court DENIES as moot without prejudice to refile Werner's Motion to Dismiss (Filing No. 75 ) and GRANTS ASC's Motion to Dismiss (Filing No. 100 ). Burkhart's counterclaims for breach of contract and unjust enrichment are dismissed with prejudice. (See Order.) Signed by Judge Tanya Walton Pratt on 9/26/2019. (NAD)
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Filing
111
ENTRY ON DEFENDANT JAMES BURKHART'S 87 MOTION TO STAY CIVIL PROCEEDINGS - Burkhart asks the Court to stay the instant civil lawsuit until thirty (30) days after entry of judgment regarding his Motion to Vacate or Set Aside Sentence Under 2 8 U.S.C. § 2255 filed on December 20, 2018 in United States of America v. James Burkhart, Case No. 1:16-cr-00212-TWP-TAB-01 ("Crim. Dkt."). The Court will not stay the proceedings while Burkhart pursues his § 2255 petition. The parties should confer--and if necessary consult with the Magistrate Judge-- regarding conducting discovery in such a way as to maximize efficiency and avoiding duplicative discovery and violating Burkhart's constitutional rights. District cou rts have "extremely broad discretion in controlling discovery." The court may, "for good cause," limit the scope of discovery to "protect a party from... undue burden or expense." For the foregoing reasons, the Court DENIES the James Burkhart's Motion to Stay Civil Proceedings (Filing No. 87 ), while his section 2255 motion is pending. (See Entry.) Signed by Judge Tanya Walton Pratt on 2/1/2019. (NAD)
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