JMB MANUFACTURING, INC. v. CHILD CRAFT, LLC et al
| JMB MANUFACTURING, INC. |
| CHILD CRAFT, LLC, G.E.G. OF INDIANA, LLC, GATEWAY MANUFACTURING, INC., DOUGLAS K. GESSFORD, HARRISON MANUFACTURING, LLC, SOUTHERN INDIANA FURNITURE COMPANY, INC., MARK SUVAK and WILLIAM S. SUVAK |
| 4:2011cv00065 |
| May 31, 2011 |
| U.S. District Court for the Southern District of Indiana |
| New Albany Office |
| Tanya Walton Pratt |
| William G. Hussmann |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Contract Dispute |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
310
ORDER ADOPTING 307 REPORT AND RECOMMENDATIONS re 291 Motion to Stay filed by RON BIENIAS, JMB MANUFACTURING, INC. Signed by Judge Tanya Walton Pratt on 1/26/2015.(LBT)
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Filing
307
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION re 291 MOTION to Stay Enforcement of the Judgment - The Magistrate Judge RECOMMENDS that this Court not stay execution upon this Amended Final Judgment without the posting of a supersed eas bond. Mr. Bienias suggests that efforts to collect on the Amended Final Judgment include attachments of his Social Security or retirement pensions that he believes should not be subject to execution. The Magistrate concludes that Mr. Bienias may file a motion to prohibit the opposing party from executing on particular types of assets. However, that is not an issue before the Court at this time. Signed by Magistrate Judge William G. Hussmann, Jr on 12/9/2014.(JLM)
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Filing
280
ENTRY ON MOTION FOR RECONSIDERATION - 261 Motion for Reconsideration is GRANTED in part and DENIED in part. The compensatory damages awarded to Child Craft are reduced by $1,277,172.00, making the final award $2,769,816.00. An amended final judgment will be issued. 265 Motion to Stay Enforcement of the Judgment is DENIED as moot. See Entry for details. Signed by Judge Tanya Walton Pratt on 9/19/2014. (LBT)
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Filing
250
ENTRY ON DAMAGES - The Court GRANTS damages against Mr. Bienias and Summit in the amount of $4,046,988.00, jointly and severally. The Court also GRANTS damages against Summitt in the amount of $11,000.00. The Court DENIES Child Craft's request for punitive damages. See Entry for details. Signed by Judge Tanya Walton Pratt on 4/25/2014 (copy mailed to plaintiff).(LBT)
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Filing
247
ORDER denying 244 Motion for Continuance filed by Counter Defendant Ron Bienias - The damages hearing will take place on 2/14/2014, at the Birch Bayh Federal Courthouse Room 344, at 10:00 a.m., as opposed to the originally scheduled 9:00 a.m. start time. The Court hopes this later start time will aid Mr. Bienias' travels to Indianapolis. Copy sent to Ron Bienias via U.S. Mail. Signed by Judge Tanya Walton Pratt on 2/11/2014.(JLM) Modified on 2/11/2014 to remove restriction(JLM).
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Filing
234
FINDINGS OF FACT AND CONCLUSIONS OF LAW. The Court finds that Counter-Plaintiff CHILD CRAFT, LLC has established the liability of Counter-Defendant RON BIENIAS for the tort of negligent misrepresentation under Indiana law. Damages Hearing set for 2/14/2014 at 9:00 AM in room #344, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt. See Order for details. Signed by Judge Tanya Walton Pratt on 12/10/2013.(LBT)
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Filing
231
ENTRY ON OBJECTIONS - Harrison Manufacturing, LLC's Objection 224 is SUSTAINED in part; the Court sustains Harrison's objections to citation to Exhibit 548 and to referring to Child Craft LLC as "formerly known as". The Court R ESERVES JUDGMENT on the objection to the reference to the deposition testimony of Daryl Eason and Doug Gessford. The Court will reopen the bench trial for the limited purpose set forth in this Entry. The parties are ordered to appear for a hearing for matters consistent with this Entry on 9/23/2013, at 10:00 AM, in room #344, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt. Signed by Judge Tanya Walton Pratt on 9/11/2013.(JLM)
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Filing
214
ENTRY - 201 Motion for Continuance is DENIED. The trial on the sole claim of negligent misrepresentation against Mr. Bienias remains set for Bench Trial on Monday, June 10, 2013 at 9:00 AM. 202 Motion to Set Aside Default is DENIED. 203 Mot ion to Reinstate Claims is DENIED. 208 Motion in Limine to Bifurcate is GRANTED. The Court will hear the liability portion of trial on Monday, June 10, 2013 at 9:00 AM, and, if required, will set a later date to hear the damages portion of this matter. See Entry for details. Signed by Judge Tanya Walton Pratt on 6/7/2013 (copy mailed to Mr. Butcher). (LBT)
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Filing
187
ENTRY ON MOTION TO WITHDRAW ATTORNEY APPEARANCE - Entry granting 166 Gordon Ingle's Motion to Withdraw Attorney Appearance. Upon receipt of this Entry, Mr. Ingle shall email a copy to Mr. Bienias. Plaintiff JMB Manufacturing will have until 5/19/2013, to hire new counsel for trial, or to SHOW CAUSE why its action should not be dismissed and default judgment entered against it on the counter-claim. Likewise, Counter-Defendant Mr. Bienias has until 5/19/2013; 5 DAYS from the date of this Entry, to SHOW CAUSE why default judgment should not be entered against him on the counter-claim. Attorney Gordon D. Ingle withdrawn. Copy mailed to Ronald Bienias. Signed by Judge Tanya Walton Pratt on 5/14/2013. (JLM) Modified on 5/14/2013 (JLM).
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Filing
152
ENTRY - Defendants' motion for summary judgment (Dkt. # 89 ) is GRANTED in part and DENIED in part. Child Craft's motion for partial summary judgment (Dkt. # 91 ) is GRANTED in part and DENIED in part. Counterclaim-Defendants' motions for partial summary judgment and to dismiss Mr. Bienias (Dkt. # 135 ) are DENIED. The remaining case shall proceed to trial. Signed by Judge Tanya Walton Pratt on 4/10/2013. (JD)
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Filing
149
ENTRY ON VARIOUS MOTIONS - 143 JMB's Motion to Strike 91 is DENIED. 138 Child Craft's Motion to Strike 132 is DENIED. Child Craft will have 14 days from the date of this Order to file any Reply to 132 . 137 Motion to Strike 133 is GRANTED and 133 Motion for Summary Judgment is ordered STRICKEN. See Entry for details. Signed by Judge Tanya Walton Pratt on 2/19/2013. (LBT)
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Filing
113
ENTRY ON COUNTERCLAIM-DEFENDANTS' MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS: Summit Forest and Mr. Bienias's motion for partial judgment on the pleadings 83 is DENIED. Signed by Judge Tanya Walton Pratt on 11/2/2012. (JLM)
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Filing
62
ENTRY ON MOTION TO DISMISS FIRST AMENDED COMPLAINT - 48 Motion to Dismiss First Amended Complaint is DENIED. See Entry for details. Signed by Judge Tanya Walton Pratt on 4/17/2012. (LBT)
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Filing
39
ENTRY ON MOTION TO DISMISS - For the reasons set forth in this Entry, Movants' 12(b)(6) Motion to Dismiss 12 is GRANTED. Dismissal is GRANTED WITHOUT PREJUDICE. JMB shall have twenty-one (21) days from the date of this entry to file an amended complaint. Movants shall have fourteen (14) days from the date of the amended complaint to file a responsive pleading. Signed by Judge Tanya Walton Pratt on 10/12/2011. (JLM)
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