American Contractors Indemnity Company v. Atamian et al
Plaintiff: American Contractors Indemnity Company
Defendant: John Atamian, Sherry Boeding, New Image Investments, LLC, Prudential Real Estate Affiliates, Inc. and Debbie Davis
Case Number: 2:2008cv02586
Filed: November 21, 2008
Court: US District Court for the District of Kansas
Office: Real Property: Other Office
County: XX US, Outside State
Presiding Judge: John W. Lungstrum
Presiding Judge: Gerald L. Rushfelt
Nature of Suit: None
Cause of Action: Diversity
Jury Demanded By: 28:1332 Diversity-Other Contract

Available Case Documents

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Date Filed Document Text
March 4, 2013 Opinion or Order Filing 181 MEMORANDUM AND ORDER granting in part 149 and 174 Supplemental Motion for Attorney Fees. Plaintiff is awarded fees and expenses in the amount of $144,786.65; defendants John Atamian and Sherry Boeding are jointly and severally liable for $91,415.62 of that amount, and Mr. Atamian is solely liable for the remaining $53,371.03. Signed by District Judge John W. Lungstrum on 3/4/2013. (ses)
May 23, 2011 Opinion or Order Filing 145 MEMORANDUM AND ORDER granting 115 Plaintiff's Motion for Summary Judgment against New Image Investments, LLC on its claim for a constructive trust and judgment is entered in favor of plaintiff on that claim; a constructive trust is imposed on the subject real property in the total amount of $148,112.77; and granting in part and denying in part 131 Plaintiff's Motion for Summary Judgment on its claim against defendants John Atamian and Sherry Boeding for attorney fees and costs .The motion is granted as against Mr. Atamian with respect to plaintiffs entitlement to fees. The Court will address the amount of that award at the conclusion of this litigation. With respect to Ms. Boeding, the motion is denied with respect to fe es and expenses incurred after plaintiffs motion to amend. The Court will determine plaintiffs award against Ms. Boeding for fees expenses incurred previously at the conclusion of the litigation. Signed by District Judge John W. Lungstrum on 5/23/2011. (ses)
September 27, 2010 Opinion or Order Filing 102 MEMORANDUM AND ORDER granting 74 Plaintiff's Motion for Default Judgment against defendants SHerry Boeding and New Image INvestments, LLC. Ms. Boedings objections to the Magistrate Judges Report and Recommendation of August 6, 2010 (Doc. ## 91 , 92) are overruled. Plaintiff is hereby awarded a default judgment against Ms. Boeding and New Image Investments, LLC on the claims asserted by plaintiff in the present pretrial order. The present trial setting for this case is vacated. Signed by District Judge John W. Lungstrum on 09/27/2010. (ses)
March 8, 2010 Opinion or Order Filing 70 ORDER granting in part and denying in part 67 Motion to Stay Pending Resolution of Defendants' Motion for Summary Judgment. The request to stay the case is denied. The alternative request to continue the final pretrial conference is granted. The Final Pretrial Conference is continued to 5/4/2010 at 02:15 PM by Telephone before Magistrate Judge Gerald L. Rushfelt. The deadline for submission of the proposed Pretrial Order is extended to 4/27/2010. Signed by Magistrate Judge Gerald L. Rushfelt on 3/8/2010. (byk)
December 22, 2009 Opinion or Order Filing 59 MEMORANDUM AND ORDER sustaining 54 Plaintiff's Motion for Order to Show Cause Why Defendants Should Not Be Held in Contempt of Court. Defendants Sherry Boeding and New Image Investments, LLC are hereby ordered to show cause in writing by 1/22/2010, why they should not be held in contempt for their failure to comply with the Court's discovery orders of May 20, 2009 and October 7, 2009 (docs. 36 and 50). Signed by Magistrate Judge Gerald L. Rushfelt on 12/22/2009. (byk)
October 7, 2009 Opinion or Order Filing 50 MEMORANDUM AND ORDER granting in part and denying in part 45 Plaintiff's Motion to Require Defendants Sherry Boeding and New Image Investments, LLC to Comply With a Discovery Order. Within twenty (20) days of the date of this Order, Defendant s Sherry Boeding and New Image Investments, LLC shall produce documents responsive to Plaintiffs Request for Production of Documents Nos. 5, 7, 8, 9, 12, 13, and 14. It is further ordered that within twenty (20) days of the date of this Order, Plain tiff shall file a memorandum of requested expenses indicating the dollar amount of reasonable expenses it claims, along with affidavits and other detailed documentary support for the requested amount incurred in making this motion to compel. Defendants shall have twenty (20) days thereafter to file any response to Plaintiff's request for reasonable expenses. Signed by Magistrate Judge Gerald L. Rushfelt on 10/7/2009. (byk)
May 20, 2009 Opinion or Order Filing 36 MEMORANDUM AND ORDER sustaining in part and overruling in part 33 Plaintiff's Motion to Compel Production of Documents from Defendants Sherry Boeding and New Image Investments, LLC. Signed by Magistrate Judge Gerald L. Rushfelt on 5/20/2009. (byk)
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Plaintiff: American Contractors Indemnity Company
Represented By: Carl E. Pfanstiel
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Defendant: John Atamian
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Defendant: Sherry Boeding
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Defendant: New Image Investments, LLC
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Defendant: Prudential Real Estate Affiliates, Inc.
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Defendant: Debbie Davis
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