Capital Solutions, LLC v. Konica Minolta Business Solutions U.S.A., Inc.
| Capital Solutions, LLC |
| Konica Minolta Business Solutions U.S.A., Inc. and Bank of Oklahoma, N.A., The |
| Bank of Oklahoma, N.A. |
| Capital Solutions, LLC, Mike Breakey, Larry Seward, Lee Ullman and Mike Earl |
| Bank of Oklahoma, N.A., The |
| Konica Minolta Business Solutions U.S.A., Inc. |
| Bank of Oklahoma, N.A., The |
| Capital Solutions, LLC |
| 2:2008cv02027 |
| February 5, 2010 |
| US District Court for the District of Kansas |
| Kansas City Office |
| John W. Lungstrum |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
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The following documents for this case are available for you to view or download:
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Filing
280
MEMORANDUM AND ORDER - KMBSs motion for summary judgment (Doc. # 184) is granted in part, to the extent that the motion relates to Capitals claims for damages for lost profits and for the failure of Capitals business or its banking relationship with BOK, and KMBS is awarded summary judgment on those claims; granting 188 Motion in Limine and 266 Motion to Exclude Expert and Other Testimony of Mike Earl and Mr. Earl will be prohibited at trial from offering any expert testimony or any opinion testimony relating to lost profits or the value of Capital. Signed by District Judge John W. Lungstrum on 02/12/2010. (ses)
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Filing
278
MEMORANDUM AND ORDER granting 147 Motion to allow jury to determine the amount of any punitive damages awarded in this case; denying 186 Motion Pursuant to Fed. R. Civ. P. 67 to Deposit Funds with the Court; and granting in part and denying in pa rt 173 Renewed Motion for Supplemental Relief - the Pretrial Order in this case is hereby amended to include a claim by BOK for bad faith attorney fees relating to BOKs conversion claim against KMBS. KMBS is granted leave to assert any affirmative defense to that claim for inclusion in the Pretrial Order; KMBS shall assert any such defense by filing a pleading entitled Supplemental Defense on or before February 19, 2010. Signed by District Judge John W. Lungstrum on 02/11/2010. (ses)
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Filing
270
MEMORANDUM AND ORDER granting in part and denying in part 181 Motion for Summary Judgment - BOKs motion for summary judgment against Capital Solutions, LLC (Capital) and individual defendants Mike Breakey, Larry Seward Lee Ullman, and Mike Earl is granted as unopposed, and judgment is awarded to BOK against those parties in the amount of $2,548,218.36, with additional interest accruing after November 1, 2009, until the date of judgment at a rate of $137.90 per day. BOKs motion for s ummary judgment against Konica Minolta Business Solutions U.S.A., Inc. (KMBS) is granted in part and denied in part. As set forth herein, the motion is granted with respect to BOKs foreclosure of its security interest, its request for a preliminary injunction relating to its collateral, and liability for conversion. The motion is otherwise denied. Further, granting in part and denying in part, and taking under advisement in part 184 Motion for Summary Judgment - KMBSs motion for summary judg ment against BOK on BOKs conversion claim is denied. KMBSs motion for summary judgment against Capital is granted in part and denied in part and retained under advisement in part. The motion is granted with respect to Capitals fraud claim; the moti on is retained under advisement with respect to Capitals damage claims for lost profits and the value of the business; and the motion is otherwise denied; granting in part and denying in part 259 Motion to Strike. Capital shall file any brief in response to KMBSs motion to preclude expert testimony by Mike Earl (Doc. # 266) on or before February 10, 2010. No reply brief by KMBS in support of that motion will be permitted. Signed by District Judge John W. Lungstrum on 02/05/2010. (ses)
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Filing
195
MEMORANDUM AND ORDER ruling objections to pretrial order. Signed by Magistrate Judge David J. Waxse on 11/3/09. (mh)
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Filing
144
MEMORANDUM AND ORDER denying 87 MOTION to Amend Complaint re 21 Amended Complaint filed by Capital Solutions, LLC. Follows oral order of 3/23/2009. Signed by Magistrate Judge David J. Waxse on 6/11/2009.(bh)
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Filing
90
MEMORANDUM AND ORDER denying 76 Motion to strike plaintiffs demand for a jury trial. Signed by District Judge John W. Lungstrum on 10/22/2008. (ses)
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Filing
81
ORDER TO DEFENDANT LEE ULLMAN TO SHOW CAUSE by 9/12/08 why the parties' proposed Stipulated Protective Order should not be entered. Signed by Magistrate Judge David J. Waxse on 9/4/08. (mh)
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