Osborn v. Griffin et al
Plaintiff: Judith E. Prewitt, Andrew Nicoll, Elizabeth A. Osborn, Carolyn Taggart, Linda G. Holt and Cynthia L. Roeder
Defendant: John Christian Griffin, Michael Robert Griffin, Dennis B. Griffin, John M. Griffin, Toby Andrew Griffin, Denise Ann Griffin, Anthony Allen Griffin, Joseph Scott Griffin, Renee Lynn Griffin, Traci Lynn Griffin, Joseph S. Griffin, Juanita M. Griffin, Anthony A. Griffin, Dana L. Griffin, John C. Griffin, Marcus D. Griffin, Michael Kautzman, Renee Griffin, Anthony Griffin, John Doe, Toby A. Griffin, Traci Lynn Dehlinger, Jessica M. Griffin, Bradie N. Griffin, Stephanie N. Griffin, Thomas Griffin, Martom Properties, LLC, Juanita Griffin, Christopher A. Griffin, Unknown Others, Joyce Griffin, Dennis B. Griffin Revocable Trust - 2012, Jon Marcus Griffin, Jordan Griffin, Denise Griffin, Chelsea R. Griffin, Brian J. Griffin, Joseph D. Griffin, Houston Griffin Mackinder, Mitchell Dehlinger Griffin, Jane Doe, Robert A. Griffin, Keating Muething & Klekamp, PLL, Toby Griffin, Traci G. Kautzman, Martin Griffin and Michael R. Griffin
Petitioner: Griffin Family Trust and Thompson Hine, LLP
Garnishee: Chase Bank, MainSource Bank, Inc., Griffin Industries, LLC, Citizens Bank of Northern Kentucky, Inc., First Financial Bank, National Association, Inc., Fidant Wealth Partners, Fifth Third Bank, Charles Schwab, U.S. Bank, Guardian Savings Bank, Heritage Bank, Inc., Commonwealth Bank & Trust Company, Huntington National Bank, Central Bank & Trust Co., Kentucky Federal Savings & Loan Assn., Griffin Family Trust, Christopher Griffin Trustee, Broadview Financial Advisors, Inc., Victory Community Bank, Stock Yards Bank & Trust Company, Woodforest National Bank, PNC Bank, Baird, Union Savings Bank, BB&T, Suntrust Bank Corp., Republic Bank & Trust Co., J.P. Morgan Chase Bank N.A. and Wells Fargo Bank, National Association
Not Classified By Court: Jean McCoy and David P Kamp
Case Number: 2:2011cv00089
Filed: April 27, 2011
Court: US District Court for the Eastern District of Kentucky
Office: Covington Office
County: Kenton
Presiding Judge: William O Bertelsman
Referring Judge: Robert E Wier
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on November 27, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 27, 2017 Filing 1234 MANDATE of USCA ISSUED with no costs taxed as to #1142 Notice of Appeal,,, filed by Martom Properties, LLC, #1139 Notice of Appeal,,, filed by Dennis B. Griffin Revocable Trust - 2012, John M. Griffin, Anthony A. Griffin, #1140 Notice of Appeal,,, filed by Martom Properties, LLC, #1141 Notice of Appeal,,, filed by Dennis B. Griffin Revocable Trust - 2012, John M. Griffin, Anthony A. Griffin (Attachments: #1 6CCA Cover Letter)(ECO)
November 17, 2017 Opinion or Order Filing 1233 ORDER: 1) The Clerk of Court is ORDERED to return to Martom Properties, Inc. the cash deposit of $7,930,000, plus accumulated interest; and 2) The Clerk of Court is ORDERED to pay over to Juanita M. Griffin the Deposited Funds of $69,842.53, plus accumulated interest. Signed by Judge William O. Bertelsman on 11/17/2017.(ECO)cc: COR, Finance. Modified text on 11/17/2017 (ECO).
November 16, 2017 Filing 1232 STIPULATION OF DISMISSAL WITH PREJUDICE: Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) and the 11/7/2017 Release and Settlement Agreement, all parties to these actions and petitions stipulate to the dismissal of this entire action with prejudice. Each party is to bear his or her or its own court costs and attorney fees. This 16th day of November, 2017. Signed by Judge William O. Bertelsman on 11/16/2017.(ECO)cc: COR Modified typo in date on 11/16/2017 (ECO).
November 16, 2017 Opinion or Order Filing 1231 AGREED ORDER MODIFYING CERTAIN ORDERS RELATING TO TONY GRIFFIN: Plaintiffs Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder, and Elizabeth A. Osborn (collectively, "Plaintiffs"), and Defendants John M. Griffin, the Estate of Dennis B. Griffin, the Dennis B. Griffin Revocable Trust - 2012, and Martom Properties, LLC (collectively, "Defendants"), by and through counsel, stipulate and agree that the 6/3/2016 Order #1090 is hereby MODIFIED as follows: 1) The portion of the Order prohibiting Anthony Alan Griffin ("Tony Griffin") from having any further contact with the Holt Plaintiffs, Elizabeth Osborn, or their families or attorneys (the "Protected Parties") is hereby VACATED; 2) The portion of the Order prohibiting Tony Griffin from taking any action, directly or indirectly, to injure, harass, or intimidate the Protected Parties shall remain in full force and effect. Signed by Judge William O. Bertelsman on 11/16/2017.(ECO)cc: COR
November 16, 2017 Opinion or Order Filing 1230 AGREED ORDER: 1) That the funds deposited into the registry of the Court by Fifth Third Bank in accordance with the Court's Agreed Order of Non-Party Juanita M. Griffin's Objection to Order of Garnishment #1119 entered herein on 6/24/2016 (the "Deposited Funds"), be and are RELEASED; and 2) That the Clerk is directed to pay over the Deposited Funds to Juanita M. Griffin forthwith. Signed by Judge William O. Bertelsman on 11/16/2017.(ECO)cc: COR, Finance
November 16, 2017 Opinion or Order Filing 1229 AGREED ORDER RELEASING BOND AND DEPOSIT: 1) That the Bond is RELEASED; and 2) That the Clerk is directed to return to Martom Properties, LLC forthwith the cash deposit in the amount of $7,930.000 that was made by Martom Properties, LLC as security for that Bond. Signed by Judge William O. Bertelsman on 11/16/2017.(ECO)cc: COR, FINANCE
November 16, 2017 Opinion or Order Filing 1228 ORDER: That all pending motions ( #1160 , #1179 , #1180 , #1207 , #1209 , #1214 , #1215 ) are DENIED AS MOOT. Signed by Judge William O. Bertelsman on 11/16/2017.(ECO)cc: COR
November 9, 2017 ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #1225 Proposed Agreed Order/Stipulation Modifying Certain Orders Relating to Tony Griffin by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder, #1227 Stipulation of Dismissal, #1226 Proposed Agreed Order/Stipulation Releasing Funds on Deposit by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder, #1223 Notice, #1224 Proposed Agreed Order/Stipulation Releasing Bond and Deposit by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder (ECO)
November 8, 2017 Filing 1227 STIPULATION of Dismissal with Prejudice by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Wicker, J.)
November 8, 2017 Filing 1226 Proposed Agreed Order/Stipulation Releasing Funds on Deposit by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder, non-party Legal Finance, non-party Juanita M. Griffin. (Wicker, J.) Modified to add additional filers on 11/9/2017 (ECO).
November 8, 2017 Filing 1225 Proposed Agreed Order/Stipulation Modifying Certain Orders Relating to Tony Griffin by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder, John M. Griffin, the Estate of Dennis B. Griffin, Dennis B. Griffin Revocable trust - 2012, Martom Properties, LLC. (Wicker, J.) Modified to add additional filers on 11/9/2017 (ECO).
November 8, 2017 Filing 1224 Proposed Agreed Order/Stipulation Releasing Bond and Deposit by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder, John M. Griffin, Estate of Dennis B. Griffin, Dennis B. Griffin Revocable Trust - 2012, Martom Properties, LLC. (Wicker, J.) Modified to add additional filers on 11/9/2017 (ECO).
November 8, 2017 Filing 1223 NOTICE by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder re #863 Judgment Satisfaction (Wicker, J.)
October 25, 2017 Opinion or Order Filing 1222 ORDER: These actions remain STAYED, all decisions in these actions remain DEFERRED, and all deadlines in these actions remain HELD IN ABEYANCE until 11/8/2017. Signed by Judge William O. Bertelsman on 10/25/2017.(ECO)cc: COR
October 25, 2017 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #1221 JOINT MOTION to Extend Stay by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin(Family Legacy Trust), Anthony A. Griffin, Anthony Allen Griffin, Anthony A. Griffin, Anthony A. Griffin(per Order DE #709 ), Bradie N. Griffin, Brian J. Griffi (ECO)
October 24, 2017 Filing 1221 JOINT MOTION to Extend Stay by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin(Family Legacy Trust), Anthony A. Griffin, Anthony Allen Griffin, Anthony A. Griffin, Anthony A. Griffin(per Order DE #709 ), Bradie N. Griffin, Brian J. Griffin, Chelsea R. Griffin, Christopher A. Griffin, Dana L. Griffin, Denise Ann Griffin, Dennis B. Griffin, Dennis B. Griffin(Irrevocable Life Insurance Trust), Dennis B. Griffin(and Joyce Griffin Irrevocable Life Insurance Trust), Dennis B. Griffin, Dennis B. Griffin(Grantor Retained Annuity Trust II, Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), Dennis B. Griffin(Individually), Jessica M. Griffin, John M. Griffin(Individually), John M. Griffin(Trust), John M. Griffin(Grantor Retained Annuity Trust II, Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), John M. Griffin(Irrevocable Life Insurance Trust), John Christian Griffin, John M. Griffin, John M. Griffin(and Juanita Griffin Irrevocable Life Insurance Trust), John M. Griffin, Jon Marcus Griffin, Jordan Griffin, Joseph D. Griffin, Joseph Scott Griffin, Joyce Griffin(Irrevocable Life Insurance Trust), Joyce Griffin, Juanita Griffin, Juanita M. Griffin, Juanita M. Griffin, Marcus D. Griffin, Martin Griffin, Martin Griffin, Michael Robert Griffin, Mitchell Dehlinger Griffin, Renee Lynn Griffin, Robert A. Griffin(Grantor Retained Annuity Trust II, Retained Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), Robert A. Griffin, Robert A. Griffin(Dismissed per Memorandum Opinion & Order at DE #590 ), Stephanie N. Griffin, Thomas Griffin, Thomas Griffin, Toby A. Griffin, Toby Andrew Griffin, Traci Lynn Griffin, Dennis B. Griffin (Trust), Michael Kautzman, Traci G. Kautzman, Houston Griffin Mackinder, Martom Properties, LLC . (Attachments: #1 Proposed Order Granting Joint Motion to Extend Stay)(Dusing, Benjamin) Modified text to take out referral language on 10/24/2017 (ECO). Modified text to better describe document on 10/25/2017 (ECO).
September 20, 2017 Opinion or Order Filing 1220 ORDER: The 9/19/2017 Joint Motion to Stay #1219 is GRANTED. These actions are STAYED, all decisions in these actions are DEFERRED, and all deadlines in these actions are HELD IN ABEYANCE until 10/23/2017. Signed by Judge William O. Bertelsman on 9/20/2017. (ECO)cc: COR
September 19, 2017 Filing 1219 JOINT MOTION to Stay by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin(Family Legacy Trust), Anthony A. Griffin, Anthony Allen Griffin, Anthony A. Griffin, Anthony A. Griffin(per Order DE #709 ), Bradie N. Griffin, Brian J. Griffin, Chelsea R. Griffin, Christopher A. Griffin, Dana L. Griffin, Denise Ann Griffin, Dennis B. Griffin, Dennis B. Griffin(Irrevocable Life Insurance Trust), Dennis B. Griffin(and Joyce Griffin Irrevocable Life Insurance Trust), Dennis B. Griffin, Dennis B. Griffin(Grantor Retained Annuity Trust II, Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), Dennis B. Griffin(Individually), Jessica M. Griffin, John M. Griffin(Individually), John M. Griffin(Trust), John M. Griffin(Grantor Retained Annuity Trust II, Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), John M. Griffin(Irrevocable Life Insurance Trust), John Christian Griffin, John M. Griffin, John M. Griffin(and Juanita Griffin Irrevocable Life Insurance Trust), John M. Griffin, Jon Marcus Griffin, Jordan Griffin, Joseph D. Griffin, Joseph Scott Griffin, Joyce Griffin(Irrevocable Life Insurance Trust), Joyce Griffin, Juanita Griffin, Juanita M. Griffin, Marcus D. Griffin, Martin Griffin, Michael Robert Griffin, Mitchell Dehlinger Griffin, Renee Lynn Griffin, Robert A. Griffin(Grantor Retained Annuity Trust II, Retained Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), Robert A. Griffin, Robert A. Griffin(Dismissed per Memorandum Opinion & Order at DE #590 ), Stephanie N. Griffin, Thomas Griffin, Thomas Griffin, Toby A. Griffin, Toby Andrew Griffin, Traci Lynn Griffin, Dennis B. Griffin (Trust), Michael Kautzman, Traci G. Kautzman, Houston Griffin Mackinder . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order)(Dusing, Benjamin) Modified text to take out referral language on 9/20/2017 (ECO).
September 7, 2017 Filing 1218 OBJECTIONS to #1209 the Magistrate Judge's Recommended Disposition of Their Motions to Dismiss filed by Anthony A. Griffin(Family Legacy Trust), Anthony Allen Griffin, Anthony A. Griffin, Bradie N. Griffin, Brian J. Griffin, Chelsea R. Griffin, Christopher A. Griffin, Dana L. Griffin, Denise Ann Griffin, Dennis B. Griffin(Grantor Retained Annuity Trust II, Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), Jessica M. Griffin, John M. Griffin(Trust), John Christian Griffin, John M. Griffin(and Juanita Griffin Irrevocable Life Insurance Trust), Jon Marcus Griffin, Jordan Griffin, Joseph D. Griffin, Joseph Scott Griffin, Joyce Griffin(Irrevocable Life Insurance Trust), Joyce Griffin, Juanita Griffin, Juanita M. Griffin, Juanita M. Griffin, Marcus D. Griffin, Martin Griffin, Martin Griffin, Michael Robert Griffin, Mitchell Dehlinger Griffin, Renee Lynn Griffin, Robert A. Griffin(Grantor Retained Annuity Trust II, Retained Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), Robert A. Griffin, Stephanie N. Griffin, Thomas Griffin, Thomas Griffin, Toby A. Griffin, Toby Andrew Griffin, Traci Lynn Griffin, Dennis B. Griffin (Trust), Michael Kautzman, Traci G. Kautzman, Houston Griffin Mackinder. (Dusing, Benjamin)
September 7, 2017 Filing 1217 OBJECTIONS to #1209 Magistrate Judge's Recommended Disposition filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Wicker, J.)
September 7, 2017 Filing 1216 NOTICE OF FILING by Anthony A. Griffin(Family Legacy Trust), Anthony Allen Griffin, Anthony A. Griffin(per Order DE #709 ), Bradie N. Griffin, Brian J. Griffin, Chelsea R. Griffin, Christopher A. Griffin, Dana L. Griffin, Denise Ann Griffin, Jessica M. Griffin, John Christian Griffin, Jon Marcus Griffin, Jordan Griffin, Joseph D. Griffin, Joseph Scott Griffin, Joyce Griffin(Irrevocable Life Insurance Trust), Joyce Griffin, Juanita Griffin, Juanita M. Griffin, Juanita M. Griffin, Marcus D. Griffin, Martin Griffin, Martin Griffin, Michael Robert Griffin, Mitchell Dehlinger Griffin, Renee Lynn Griffin, Robert A. Griffin(Grantor Retained Annuity Trust II, Retained Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), Robert A. Griffin, Robert A. Griffin(Dismissed per Memorandum Opinion & Order at DE #590 ), Stephanie N. Griffin, Thomas Griffin, Thomas Griffin, Toby A. Griffin, Toby Andrew Griffin, Traci Lynn Griffin, Michael Kautzman, Traci G. Kautzman re #1215 MOTION to Stay by Anthony A. Griffin(Family Legacy Trust), Anthony A. Griffin, Anthony Allen Griffin, Anthony A. Griffin, Anthony A. Griffin(per Order DE #709 ), Bradie N. Griffin, Brian J. Griffin, Chelsea R. Griffin, Christopher A. Griffin,, #1214 MOTION for More Definite Statement by Anthony A. Griffin(Family Legacy Trust), Anthony A. Griffin, Anthony Allen Griffin, Anthony A. Griffin, Anthony A. Griffin(per Order DE #709 ), Bradie N. Griffin, Brian J. Griffin, Chelsea R. Griffin, Christ (Attachments: #1 Proposed Order Granting Innocent Respondents' Motion for More Definite Statement, #2 Proposed Order Granting Innocent Respondents' Motion to Stay)(Dusing, Benjamin)
September 5, 2017 NOTICE OF DEFICIENCY TO Benjamin Dusing re #1214 MOTION for More Definite Statement AND #1215 MOTION to Stay; attorney failed to submit proposed orders as electronic attachments to the motions. Entry by attorney; within 7 calendar days, prepare a document entitled Notice of Filing (with a certificate of service), file the Notice using the event Notice of Filing, attach the proposed orders (separately), and create a link to the related docket entries cc: COR (ECO)
September 1, 2017 Filing 1215 MOTION to Stay by Anthony A. Griffin(Family Legacy Trust), Anthony A. Griffin, Anthony Allen Griffin, Anthony A. Griffin, Anthony A. Griffin(per Order DE #709 ), Bradie N. Griffin, Brian J. Griffin, Chelsea R. Griffin, Christopher A. Griffin, Dana L. Griffin, Denise Ann Griffin, Dennis B. Griffin, Dennis B. Griffin(Irrevocable Life Insurance Trust), Dennis B. Griffin(and Joyce Griffin Irrevocable Life Insurance Trust), Dennis B. Griffin, Dennis B. Griffin(Grantor Retained Annuity Trust II, Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), Dennis B. Griffin(Individually), Jessica M. Griffin, John M. Griffin(Individually), John M. Griffin(Trust), John M. Griffin(Grantor Retained Annuity Trust II, Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), John M. Griffin(Irrevocable Life Insurance Trust), John Christian Griffin, John M. Griffin, John M. Griffin(and Juanita Griffin Irrevocable Life Insurance Trust), John M. Griffin, Jon Marcus Griffin, Jordan Griffin, Joseph D. Griffin, Joseph Scott Griffin, Joyce Griffin(Irrevocable Life Insurance Trust), Joyce Griffin, Juanita Griffin, Juanita M. Griffin, Juanita M. Griffin, Marcus D. Griffin, Martin Griffin, Martin Griffin, Michael Robert Griffin, Mitchell Dehlinger Griffin, Renee Lynn Griffin, Robert A. Griffin(Grantor Retained Annuity Trust II, Retained Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), Robert A. Griffin, Robert A. Griffin(Dismissed per Memorandum Opinion & Order at DE #590 ), Stephanie N. Griffin, Thomas Griffin, Thomas Griffin, Toby A. Griffin, Toby Andrew Griffin, Traci Lynn Griffin, Dennis B. Griffin (Trust), Michael Kautzman, Traci G. Kautzman, Houston Griffin Mackinder, Martom Properties, LLC, Martom Properties, LLC . (Attachments: #1 Exhibit Letter)(Dusing, Benjamin) Modified text to take out referral language on 9/5/2017 (ECO). (Additional attachment(s) added on 9/7/2017: #2 Proposed Order) (ECO).
September 1, 2017 Filing 1214 MOTION for More Definite Statement by Anthony A. Griffin(Family Legacy Trust), Anthony A. Griffin, Anthony Allen Griffin, Anthony A. Griffin, Anthony A. Griffin(per Order DE #709 ), Bradie N. Griffin, Brian J. Griffin, Chelsea R. Griffin, Christopher A. Griffin, Dana L. Griffin, Denise Ann Griffin, Dennis B. Griffin, Dennis B. Griffin(Irrevocable Life Insurance Trust), Dennis B. Griffin(and Joyce Griffin Irrevocable Life Insurance Trust), Dennis B. Griffin, Dennis B. Griffin(Grantor Retained Annuity Trust II, Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), Dennis B. Griffin(Individually), Jessica M. Griffin, John M. Griffin(Individually), John M. Griffin(Trust), John M. Griffin(Grantor Retained Annuity Trust II, Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), John M. Griffin(Irrevocable Life Insurance Trust), John Christian Griffin, John M. Griffin, John M. Griffin(and Juanita Griffin Irrevocable Life Insurance Trust), John M. Griffin, Jon Marcus Griffin, Jordan Griffin, Joseph Scott Griffin, Joyce Griffin(Irrevocable Life Insurance Trust), Joyce Griffin, Juanita Griffin, Juanita M. Griffin, Juanita M. Griffin, Marcus D. Griffin, Martin Griffin, Martin Griffin, Michael Robert Griffin, Mitchell Dehlinger Griffin, Renee Lynn Griffin, Robert A. Griffin(Grantor Retained Annuity Trust II, Retained Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), Robert A. Griffin, Robert A. Griffin(Dismissed per Memorandum Opinion & Order at DE #590 ), Stephanie N. Griffin, Thomas Griffin, Thomas Griffin, Toby A. Griffin, Toby Andrew Griffin, Traci Lynn Griffin, Dennis B. Griffin (Trust), Michael Kautzman, Traci G. Kautzman, Houston Griffin Mackinder, Martom Properties, LLC, Martom Properties, LLC . (Dusing, Benjamin) Modified text to take out referral language on 9/5/2017 (ECO). (Additional attachment(s) added on 9/7/2017: #1 Proposed Order) (ECO).
August 31, 2017 Opinion or Order Filing 1213 ORDER: The Court GRANTS DE #1210 Motion to Withdraw as Attorney and DIRECTS the Clerk to terminate Hon. David Kamp, Hon. Jean Goeppinger McCoy, Hon. Carolyn A. Taggart and Hon. Andrew S. Nicoll as counsel of record. Signed by Magistrate Judge Robert E. Wier on 8/31/2017. (ECO)cc: COR
August 30, 2017 Filing 1212 NOTICE OF APPEARANCE by Bradie N. Griffin, Brian J. Griffin, Chelsea R. Griffin, Christopher A. Griffin, Jessica M. Griffin, Jon Marcus Griffin, Jordan Griffin, Martin Griffin, Martin Griffin, Michael Robert Griffin, Renee Lynn Griffin, Robert A. Griffin(Grantor Retained Annuity Trust II, Retained Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), Stephanie N. Griffin, Thomas Griffin, Thomas Griffin, Martom Properties, LLC, Martom Properties, LLC. (Dusing, Benjamin)
August 30, 2017 Filing 1211 NOTICE OF APPEARANCE by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin(Family Legacy Trust), Anthony A. Griffin, Anthony Allen Griffin, Anthony A. Griffin, Anthony A. Griffin(per Order DE #709 ), Dana L. Griffin, Denise Ann Griffin, Dennis B. Griffin, Dennis B. Griffin(Irrevocable Life Insurance Trust), Dennis B. Griffin(and Joyce Griffin Irrevocable Life Insurance Trust), Dennis B. Griffin, Dennis B. Griffin(Grantor Retained Annuity Trust II, Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), Dennis B. Griffin(Individually), John M. Griffin(Individually), John M. Griffin(Trust), John M. Griffin(Grantor Retained Annuity Trust II, Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), John M. Griffin(Irrevocable Life Insurance Trust), John Christian Griffin, John M. Griffin, John M. Griffin(and Juanita Griffin Irrevocable Life Insurance Trust), John M. Griffin, Joseph Scott Griffin, Joyce Griffin(Irrevocable Life Insurance Trust), Joyce Griffin, Juanita Griffin, Juanita M. Griffin, Juanita M. Griffin, Marcus D. Griffin, Mitchell Dehlinger Griffin, Toby A. Griffin, Toby Andrew Griffin, Traci Lynn Griffin, Dennis B. Griffin (Trust), Michael Kautzman, Traci G. Kautzman, Houston Griffin Mackinder. (O'Connor, Brian)
August 30, 2017 Filing 1210 MOTION to Withdraw as Attorney by David P Kamp, Jean McCoy, Andrew Nicoll, Carolyn Taggart Motions referred to Robert E. Wier. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - DBG JMG Consents, #3 Exhibit 2 - Rem Collection Defendant Consents, #4 Proposed Order)(McCoy, Jean)
August 30, 2017 ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #1210 MOTION to Withdraw as Attorney by David P Kamp, Jean McCoy, Andrew Nicoll, Carolyn Taggart (ECO)
August 24, 2017 Opinion or Order Filing 1209 RECOMMENDED DISPOSITION: 1) That the District Court GRANT Collection Defendants' motion to dismiss #1179 , only insofar as it challenges the Supplemental Petition's #1159 claims against Robert A. Griffin; and 2) That the District Court otherwise DENY Collection Defendants' motions ( #1179 - #1180 ). 3) Upon resolution of any objections, the District Court should, after deciding the motion to amend #1207 , set a briefing schedule as to the Motion for Judgment #1160 . The Court issues this Recommended Disposition for a dispositive, post-judgment matter under the District Judge's referral, which the Court considers made under 28 U.S.C. 636(b)(3) (see Order for details). The parties have the same appeal rights they would for a matter referred under Section 636(b)(1)(B) as stated below; W/in 14 days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court (See Order for details). Signed by Magistrate Judge Robert E. Wier on 8/24/2017.(ECO)cc: COR
August 14, 2017 Filing 1208 Copy of Petition for Rehearing and Rehearing En Banc filed before 6CCA. Received electronic copy from 6CCA-emergency filing. (ECO)
August 11, 2017 Filing 1207 MOTION to Amend/Correct by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder Motions referred to Robert E. Wier. (Attachments: #1 Exhibit Amended Supplemental Petition to Satisfy Judgment)(Wicker, J.)
July 28, 2017 Filing 1206 INFORMATION COPY OF ORDER/JUDGMENT of USCA as to #1142 Notice of Appeal filed by Martom Properties, LLC, #1139 Notice of Appeal filed by Dennis B. Griffin Revocable Trust - 2012, John M. Griffin, Anthony A. Griffin, #1140 Notice of Appeal filed by Martom Properties, LLC, #1141 Notice of Appeal filed by Dennis B. Griffin Revocable Trust - 2012, John M. Griffin, Anthony A. Griffin. The Judgment of the district court is AFFIRMED. (Attachments: #1 Judgment of 6CCA, #2 6CCA Cover Letter-Mandate to issue)(ECO)
July 6, 2017 Filing 1205 NOTICE by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder of Subpoena Duces Tecum (Attachments: #1 Exhibit A - Subpoena to Darling Ingredients, #2 Exhibit B - Subpoena to Robert A. Griffin)(Wicker, J.)
April 25, 2017 Opinion or Order Filing 1204 ORDER: The Court SETS ASIDE all requirements of DE#1203 Order and CANCELS the 5/3/2017 telephonic conference. Signed by Magistrate Judge Robert E. Wier on 4/25/2017.(ECO)cc: COR
April 25, 2017 Opinion or Order Filing 1203 ORDER: 1) By 4/28/2017, at 12:00 p.m. (noon), the affected parties SHALL submit (not file) brief (maximum two pages) letters outlining their position on the discovery dispute. These letters should be provided to Chambers by email. Counsel shall copy opposing counsel. 2) The Court SCHEDULES a TELEPHONIC CONFERENCE, for counsel only, on 5/3/2017 at 11:00 AM in Lexington. 3) In advance of the call, parties shall continue to confer in an effort to reach an agreed resolution. They shall advise the Court if the call is no longer needed. 4) The Court will utilize the electronic sound (digital audio) recording system as the record for this call. (Parties to see Order for details). Signed by Magistrate Judge Robert E. Wier on 4/25/2017.(ECO)cc: COR
April 10, 2017 Filing 1202 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 4/10/2017 before Magistrate Judge Robert E. Wier: Parties present as noted. Parties to see Order for Details. Parties to comply with Order. (Tape #KYED-LEX 2-11-cv-89-WOB-REW-20170410 112049.) Signed by Robert E. Wier. (ECO)cc: COR
April 3, 2017 Opinion or Order Filing 1201 ORDER: 1) By 4/6/2017, at 12:00 p.m. (noon), the affected parties SHALL submit (not file) brief (maximum two pages) letters outling their position on the discovery disputes. These letters should be provided to Chambers by email. Counsel shall copy opposing counsel. 2) The Court SCHEDULES a TELEPHONIC CONFERENCE, for counsel only, on 4/10/2017 at 02:00 PM in Lexington; 3) In advance of the call, parties shall continue to confer in an effort to reach an agreed resolution. They shall advise the Court if the call is not needed; 4) The Court will utilize the electronic sound (digital audio) recording system as the record for this case. (Parties to see Order for details). Signed by Magistrate Judge Robert E. Wier on 4/3/2017.(ECO)cc: COR Modified bold text on 4/12/2017 (ECO).
March 14, 2017 Opinion or Order Filing 1200 ORDER: granting #1199 Motion for Pro Hac Vice permitting Andrew S. Nicoll to serve as counsel for Collection Defendants. Signed by Magistrate Judge Robert E. Wier on 3/14/2017. (TJZ)cc: COR, Andrew S. Nicoll w/copy of Mandatory ECF Order and Registration Form
March 14, 2017 Filing 1199 MOTION for Order by Unknown Others (Collection Defendants' Motion for Admission of Andrew S. Nicoll Pro Hac Vice) Motions referred to Robert E. Wier. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B - Proposed Order Granting Collection Defendants' Motion for Admission of Andrew S. Nicoll Pro Hac Vice)(Taggart, Carolyn)
March 8, 2017 Filing 1198 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 3/8/2017. before Magistrate Judge Robert E. Wier: Counsel appeared as noted for a discovery-dispute telephonic conference. The Court considered the pre-call submissions, the comments and discussion on the conference, the Griffin Family Trusts' status as a third party here, and the Rules' principles and values regarding proportionality, relevance, and case scope. The Court encourages a continued cooperative approach to the issues raised by counsel, including additional specifications, as discussed, concerning possible items already produced and items particularly desired.(Parties to see Minute Entry for Details). (Tape #KYED-LEX 2-11-CV-89-WOB-REW 20170308 145536.) Signed by Robert E. Wier. (ECO)cc: COR
March 1, 2017 Opinion or Order Filing 1197 ORDER: The Court DENIES WITHOUT PREJUDICE #1196 Motion to Appear Pro Hac Vice. Ms. Taggart may renew the request upon a motion that fully complies with the Local Rule. Signed by Magistrate Judge Robert E. Wier on 3/1/2017. (ECO)cc: COR, cc to Atty Andrew Nicoll
March 1, 2017 ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #1196 MOTION for Andrew S. Nicoll to Appear Pro Hac Vice by Unknown Others ( Filing fee $125; receipt number 0643-3733356) (ECO)
February 28, 2017 Filing 1196 MOTION for Andrew S. Nicoll to Appear Pro Hac Vice by Unknown Others ( Filing fee $125; receipt number 0643-3733356)Motions referred to Robert E. Wier. (Attachments: #1 Exhibit A - Affidavit of Andrew S. Nicoll in Support of Collection Defendants' Motion for Admission Pro Hac Vice, #2 Exhibit B - Proposed Order Granting Collection Defendants' Motion for Admission of Andrew S. Nicoll Pro Hac Vice)(Taggart, Carolyn)
February 22, 2017 Opinion or Order Filing 1195 ORDER: 1) By 3/1/2017 at 12:00 p.m. (noon), the affected parties SHALL submit (not file) brief (maximum 2 pages letters outlining their position on the discovery dispute. These letters should be in PDF, DOC format and should be provided to Chambers by email (See Order). Counsel shall copy opposing counsel. Counsel shall additionally submit any relevant, but strictly targeted, portions of filings or other documents directly concerning the dispute. 2) The Court SCHEDULES a TELEPHONIC CONFERENCE, for counsel only, on 3/8/2017 at 03:00 PM in LEXINGTON. Prior to the telephonic conference, the Court will send an email message to all counsel of record with the telephone number, access code, and security code to utilize, and counsel must call into the conference and be ready to proceed on the date and at the time designated. At least one lead counsel with authority to speak for the involved party must participate. 3) In advance of the call, the parties shall continue to confer (i.e., actually talk with one another) in an effort to reach an agreed resolution. They shall promptly advise the Court if the scope of the call narrows or if the call is not needed. 4) The Court will utilize the electronic sound (digital audio) recording system as the record for this call. Signed by Magistrate Judge Robert E. Wier on 2/22/2017.(ECO)cc: COR
February 2, 2017 Opinion or Order Filing 1194 ORDER: The Court DENIES DE #1191 Motion for Leave to File Sur-Reply. 2) The Court issues this Order resolving a non-dispositive, post-judgment matter under the District Judge's referral, which the Court considers made under 28 U.S.C. 636(b)(3). The matter is appealable to Judge Bertelsman. A party objecting must file same w/in 14 days of Order entry. Failure to object waives a party's right to review. (Parties to see Order for Details). Signed by Magistrate Judge Robert E. Wier on 2/2/2017. (ECO)cc: COR
February 2, 2017 Filing 1193 REPLY to Response to Motion re #1191 MOTION for Leave by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder to File Sur-Reply filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Wicker, J.)
January 30, 2017 Filing 1192 RESPONSE in Opposition re #1191 MOTION for Leave by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder to File Sur-Reply filed by Unknown Others. (Attachments: #1 Proposed Order Denying Plaintiffs' Motion for Leave to File Sur-Reply Memorandum)(Taggart, Carolyn)
January 27, 2017 Filing 1191 MOTION for Leave by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder to File Sur-Reply Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order, #2 Exhibit - Plaintiffs' Sur-Reply)(Wicker, J.)
January 23, 2017 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #1180 MOTION to Dismiss by Anthony Allen Griffin, Dana L. Griffin, Denise Ann Griffin, John Christian Griffin, Joseph Scott Griffin, Joyce Griffin(Irrevocable Life Insurance Trust), Juanita Griffin, Marcus D. Griffin, Mitchell Dehlinger Griffin, Toby Andr, #1179 MOTION to Dismiss by Unknown Others Plaintiffs' Supplemental Petition to Satisfy Judgment (TJZ)
January 20, 2017 Filing 1190 REPLY to Response to Motion re #1179 MOTION to Dismiss by Unknown Others Plaintiffs' Supplemental Petition to Satisfy Judgment filed by Bradie N. Griffin, Brian J. Griffin, Chelsea R. Griffin, Christopher A. Griffin, Jessica M. Griffin, Jon Marcus Griffin, Jordan Griffin, Martin Griffin, Michael Robert Griffin, Renee Lynn Griffin, Robert A. Griffin(Grantor Retained Annuity Trust II, Retained Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), Stephanie N. Griffin, Thomas Griffin, Unknown Others. (Taggart, Carolyn)
January 20, 2017 Filing 1189 REPLY to Response to Motion re #1180 MOTION to Dismiss by Anthony Allen Griffin, Dana L. Griffin, Denise Ann Griffin, John Christian Griffin, Joseph Scott Griffin, Joyce Griffin(Irrevocable Life Insurance Trust), Juanita Griffin, Marcus D. Griffin, Mitchell Dehlinger Griffin, Toby Andr filed by Anthony A. Griffin(Family Legacy Trust), Anthony A. Griffin, Dana L. Griffin, Denise Ann Griffin, John M. Griffin(Trust), John Christian Griffin, Joseph Scott Griffin, Joyce Griffin(Irrevocable Life Insurance Trust), Juanita Griffin, Mitchell Dehlinger Griffin, Toby A. Griffin, Traci Lynn Griffin, Michael Kautzman, Traci G. Kautzman, Houston Griffin Mackinder. (McCoy, Jean)
January 6, 2017 Filing 1188 RESPONSE in Opposition re #1180 MOTION to Dismiss by Anthony Allen Griffin, Dana L. Griffin, Denise Ann Griffin, John Christian Griffin, Joseph Scott Griffin, Joyce Griffin(Irrevocable Life Insurance Trust), Juanita Griffin, Marcus D. Griffin, Mitchell Dehlinger Griffin, Toby Andr, #1179 MOTION to Dismiss by Unknown Others Plaintiffs' Supplemental Petition to Satisfy Judgment filed by Linda G. Holt. (Attachments: #1 Proposed Order)(Wicker, J.)
January 4, 2017 Opinion or Order Filing 1187 ORDER: 1)The Court GRANTS DE #1181 Motion for Extension of Time to File Response/Reply and #1182 Motion for Extension of Time. The Collection Defs SHALL file any response to Plf's motion for judgment #1160 within 21 days following the District Court's resolution of the motions to Dismiss ( #1179 and #1180 ). Reply time will follow per the Local Rule; 2) The Court issues this Order resolving non-dispositive, post-judgment matters under the District Judge's referral, which the Court considers made under 28 U.S.C. 636(b)(3) (See Order for Details). The matter is appealable to Judge Bertelsman. A party objecting must file same w/in 14 days of Order entry. Failure to object waives a party's right to review. Signed by Magistrate Judge Robert E. Wier on 1/4/2017.(ECO)cc: COR, cc mailed to Atty Jean McCoy. Modified text to add cc on 1/5/2017 (ECO).
January 4, 2017 Opinion or Order Filing 1186 ORDER: The Court GRANTS #1185 Motion to Appear Pro Hac Viceand permits Hon. Jean Goeppinger McCoy to serve as pro hac vice for Collection Defs. Signed by Magistrate Judge Robert E. Wier on 1/4/2017. (ECO)cc: COR w/copy of Mandatory ECF General Order & ECF Registration form to AttyMcCoy
January 4, 2017 BAR STATUS Check completed as to Jean Goeppinger McCoy re #1185 MOTION for Jean Geoppinger McCoy to Appear Pro Hac Vice by Unknown Others (Collection Defendants) ( Filing fee $125; receipt number 0643-3684714). (ECO)
January 4, 2017 ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #1185 MOTION for Jean Geoppinger McCoy to Appear Pro Hac Vice by Unknown Others (Collection Defendants) ( Filing fee $125; receipt number 0643-3684714) (ECO)
January 4, 2017 ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #1181 MOTION for Extension of Time to File Response/Reply as to #1160 MOTION for Judgment by Linda G. Holt , Judith Prewitt, Cynthia Roeder, and Elizabeth Osborn by Unknown Others , #1182 MOTION for Extension of Time by Anthony Allen Griffin, Dana L. Griffin, Denise Ann Griffin, John Christian Griffin, Joseph Scott Griffin, Joyce Griffin, Juanita Griffin, Marcus D. Griffin, Mitchell Dehlinger Griffin, Toby Andrew Griffin, Traci Lynn (ECO)
January 3, 2017 Filing 1185 MOTION for Jean Geoppinger McCoy to Appear Pro Hac Vice by Unknown Others (Collection Defendants) ( Filing fee $125; receipt number 0643-3684714)Motions referred to Robert E. Wier. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Proposed Order)(Kamp, David)
January 3, 2017 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #1181 MOTION for Extension of Time to File Response/Reply as to #1160 MOTION for Judgment by Linda G. Holt , Judith Prewitt, Cynthia Roeder, and Elizabeth Osborn by Unknown Others , #1182 MOTION for Extension of Time by Anthony Allen Griffin, Dana L. Griffin, Denise Ann Griffin, John Christian Griffin, Joseph Scott Griffin, Joyce Griffin, Juanita Griffin, Marcus D. Griffin, Mitchell Dehlinger Griffin, Toby Andrew Griffin, Traci Lynn (ECO)
December 30, 2016 Filing 1184 REPLY to Response to Motion re #1182 MOTION for Extension of Time by Anthony Allen Griffin, Dana L. Griffin, Denise Ann Griffin, John Christian Griffin, Joseph Scott Griffin, Joyce Griffin, Juanita Griffin, Marcus D. Griffin, Mitchell Dehlinger Griffin, Toby Andrew Griffin, Traci Lynn, #1181 MOTION for Extension of Time to File Response/Reply as to #1160 MOTION for Judgment by Linda G. Holt , Judith Prewitt, Cynthia Roeder, and Elizabeth Osborn by Unknown Others (Collection Defendants) filed by Unknown Others. (Kamp, David)
December 23, 2016 Filing 1183 RESPONSE to Motion re #1182 MOTION for Extension of Time by Anthony Allen Griffin, Dana L. Griffin, Denise Ann Griffin, John Christian Griffin, Joseph Scott Griffin, Joyce Griffin, Juanita Griffin, Marcus D. Griffin, Mitchell Dehlinger Griffin, Toby Andrew Griffin, Traci Lynn, #1181 MOTION for Extension of Time to File Response/Reply as to #1160 MOTION for Judgment by Linda G. Holt , Judith Prewitt, Cynthia Roeder, and Elizabeth Osborn by Unknown Others filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Wicker, J.)
December 16, 2016 Filing 1182 MOTION for Extension of Time by Anthony Allen Griffin, Dana L. Griffin, Denise Ann Griffin, John Christian Griffin, Joseph Scott Griffin, Joyce Griffin, Juanita Griffin, Marcus D. Griffin, Mitchell Dehlinger Griffin, Toby Andrew Griffin, Traci Lynn Griffin, Michael Kautzman to Respond to Plaintiffs' Motion for Judgment Under Supplemental Petition to Satisfy Judgment Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order Granting Motion for Extension of Time)(Kamp, David)
December 16, 2016 Filing 1181 MOTION for Extension of Time to File Response/Reply as to #1160 MOTION for Judgment by Linda G. Holt , Judith Prewitt, Cynthia Roeder, and Elizabeth Osborn by Unknown Others Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order Granting Motion to Extend Time to Respond to Plaintiffs' Motion for Judgment Under Supplemental Petition to Satisfy Judgment (Doc. No. 1160))(Taggart, Carolyn)
December 16, 2016 Filing 1180 MOTION to Dismiss by Anthony Allen Griffin, Dana L. Griffin, Denise Ann Griffin, John Christian Griffin, Joseph Scott Griffin, Joyce Griffin(Irrevocable Life Insurance Trust), Juanita Griffin, Marcus D. Griffin, Mitchell Dehlinger Griffin, Toby Andrew Griffin, Traci Lynn Griffin, Michael Kautzman Supplemental Petition to Satisfy Judgment (Lack of Jurisdiction, Failure to State a Claim, Statute of Limitations) (Attachments: #1 Proposed Order Granting Motion to Dismiss)(Kamp, David)
December 16, 2016 Filing 1179 MOTION to Dismiss by Unknown Others Plaintiffs' Supplemental Petition to Satisfy Judgment (Attachments: #1 Proposed Order Granting Motion to Dismiss Plaintiffs' Supplemental Petition to Satisfy Judgment)(Taggart, Carolyn)
November 22, 2016 Opinion or Order Filing 1178 ORDER of USCA as to [1140, 1141, 1142] Notice of Appeal: Motion for Clarification is GRANTED. Motion to Expedite is GRANTED. The Defendants' brief is due on or before 3 business days from entry of this order. Plaintiffs shall then have 30 days to file their brief(s), and the Defendants shall have 14 days to file any reply. No extensions shall be granted absent extraordinary circumstances. The case shall then be assigned to an oral argument calendar. The motion to stay is DENIED. (Attachments: #1 cover letter)(TJZ)
November 15, 2016 Opinion or Order Filing 1177 ORDER: Plaintiffs' motion to seal #1164 is DENIED. Signed by Magistrate Judge Robert E. Wier on 11/15/2016. (TJZ)cc: COR
November 10, 2016 ***FILE SUBMITTED TO CHAMBERS of Robert E. Wier for review: #1171 Order, #1176 RESPONSE in Support of Sealing, (ECO)
November 9, 2016 Filing 1176 RESPONSE to #1171 In Support Of Sealing filed by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin(Individually). (Attachments: #1 Exhibit A (Part One) Exemplars Of The Produced Documents Bearing Confidentiality Labels, #2 Exhibit A (Part Two) Exemplars Of The Produced Documents Bearing Confidentiality Labels)(Callow, Joseph)
November 7, 2016 Opinion or Order Filing 1175 STIPULATION AND AGREED ORDER REGARDING WAIVER OF SERIVCE AND DEADLINE FOR COLLECTION DEFENDANTS TO FILE RESPONSE: 1. Undersigned counsel for Collection Defendants accepts service of the Supplemental Petition and the Motion for Judgment for each of the Collection Defendants and waives any objections to the absence of a Summons or the service of Summons, the Supplemental Petition or the Motion for Judgment; 2. Stipulation does not prejudice any defenses/objections that Collection Defendants may have to the Supplemental Petition/Motion for Judgment; 3. The Collection Defendants shall file and serve an answer or motion in response to the Supplemental Petition and to the Motion for Judgment by 12/16/2016.. Signed by Magistrate Judge Robert E. Wier on November 7, 2016. (AB)cc: COR
November 7, 2016 ***FILE SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #1174 Proposed Agreed Order/Stipulation Regarding Waiver of Service and Deadline for Collection Defendants to File Response by Dennis B. Griffin Revocable Trust - 2012, John M. Griffin(Individually), Martom Properties, LLC (ECO) Modified text on 11/7/2016 (ECO).
November 4, 2016 Filing 1174 Proposed Agreed Order/Stipulation Regarding Waiver of Service and Deadline for Collection Defendants to File Response by Dennis B. Griffin Revocable Trust - 2012, John M. Griffin(Individually), Martom Properties, LLC. (Callow, Joseph)
November 2, 2016 Opinion or Order Filing 1173 ORDER: Defendants' motion to stay pending appeal is DENIED. Signed by Judge William O. Bertelsman on 11/2/2016.(TJZ)cc: COR
November 1, 2016 Opinion or Order Filing 1172 ORDER: Counsel have advised Chambers that the parties resolved the dispute, the Court CANCELS today's telephonic conference. Signed by Magistrate Judge Robert E. Wier on 11/1/2016.(TJZ)cc: COR
November 1, 2016 Opinion or Order Filing 1171 ORDER: Defendants SHALL file any justification re [1160-2, 1160-3, 1160-4, 1160-5], responsive to the specific concerns in the Sixth Circuit's relevant case law, by no later than 11/9/2016. The matter will then stand ripe for review. Signed by Magistrate Judge Robert E. Wier on 10/31/2016.(TJZ)cc: COR
October 27, 2016 Filing 1170 NOTICE by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin(per Order DE #709 ), John M. Griffin(Individually), Martom Properties, LLC of parties' briefing on remanded Motion for Stay Pending Appeal (Attachments: #1 Tab A, #2 Tab B, #3 Tab C, #4 Tab D, #5 Tab E, #6 Tab F, #7 Tab G, #8 Tab H)(Garre, Gregory)
October 27, 2016 Filing 1169 LETTER from 6CCA transferring defendants' motion to stay pending appeal. (Attachments: #1 motion to stay pending appeal)(TJZ)
October 27, 2016 Opinion or Order Filing 1168 ORDER of USCA as to #1142 Notice of Appeal, filed by Martom Properties, LLC, #1139 Notice of Appeal, filed by Dennis B. Griffin Revocable Trust - 2012, John M. Griffin, Anthony A. Griffin, #1140 Notice of Appeal, filed by Martom Properties, LLC, #1141 Notice of Appeal, filed by Dennis B. Griffin Revocable Trust - 2012, John M. Griffin, Anthony A. Griffin. Defendants motion for a stay is denied and remanded to the district court in order for the district court to consider whether a stay is appropriate. (Attachments: #1 letter)(TJZ)
October 19, 2016 Opinion or Order Filing 1167 ORDER: 1) By 10/26/2016, at 12:00 p.m. (noon), the affected parties SHALL submit (not file) brief (maximum 2 pages) letters outlining their position on the discovery dispute. These letters must be in PDF, DOC, WPD, or TXT format and should be provided to Chambers by email (weir_chambers@kyed.uscourts.gov). Counsel shall copy opposing counsel. Counsel shall additionally submit any relevant, but targeted, portions of filings or other documents directly concerning the dispute. 2) The Court SCHEDULES a TELEPHONEIC CONFERENCE, for counsel only, on 11/1/2016 at 04:00 PM in LEXINGTON. Prior to the telephonic conference, the Court will send an email to all counsel of record with the telephone number, access code, and security code to utilize, and counsel must call into the conference and be ready to proceed on the date and at the time designated. At least one lead counsel with authority to speak for the involved party must participate. 3) In advance of the call, the parties shall continue to confer (i.e, actually talk with one another) in an effort to reach an agreed resolution. They shall promptly advise the Court if the scope of the call narrows or if the call is not needed. 4) The Court will utilize the electronic sound (digital audio) recording system as the record for this call.. Signed by Magistrate Judge Robert E. Wier on 10/19/2016.(ECO)cc: COR
October 13, 2016 Filing 1166 Summons Issued as to Dana L. Griffin; Summons issued and returned to counsel electronically (ECO)
October 13, 2016 Filing 1165 NOTICE OF FILING by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder re #1159 Notice of Filing, Summons (Attachments: #1 Summons)(Wicker, J.)
October 13, 2016 ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #1164 MOTION for leave to Seal a Document #1160 MOTION for Judgment by Linda G. Holt , Judith Prewitt, Cynthia Roeder, and Elizabeth Osborn by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder (ECO)
October 12, 2016 Filing 1164 MOTION for leave to Seal a Document #1160 MOTION for Judgment by Linda G. Holt , Judith Prewitt, Cynthia Roeder, and Elizabeth Osborn by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order)(Wicker, J.)
October 12, 2016 Filing 1162 NOTICE by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder of Subpoena Duces Tecum (Attachments: #1 Subpoena)(Wicker, J.)
October 8, 2016 Filing 1160 MOTION for Judgment by Linda G. Holt , Judith Prewitt, Cynthia Roeder, and Elizabeth Osborn (Attachments: #1 Memorandum in Support, #2 Exhibit A -- Marcotte Affidavit, #3 Exhibit B -- Knappick Affidavit, #4 Exhibit C -- Lange Affidavit, #5 Exhibit D -- Samwaru Affidavit, #6 Proposed Order)(Wicker, J.)
October 7, 2016 Filing 1163 Summons Issued as to Anthony Allen Griffin, Anthony A. Griffin, Bradie N. Griffin, Brian J. Griffin, Chelsea R. Griffin, Christopher A. Griffin, Dana L. Griffin, Denise Ann Griffin, Dennis B. Griffin(Irrevocable Life Insurance Trust), Dennis B. Griffin(and Joyce Griffin Irrevocable Life Insurance Trust), Dennis B. Griffin(Grantor Retained Annuity Trust II, Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), Jessica M. Griffin, John Christian Griffin, John M. Griffin(and Juanita Griffin Irrevocable Life Insurance Trust), Jon Marcus Griffin, Jordan Griffin, Joseph Scott Griffin, Joyce Griffin(Irrevocable Life Insurance Trust), Joyce Griffin, Juanita Griffin, Juanita M. Griffin, Marcus D. Griffin, Martin Griffin, Michael Robert Griffin, Mitchell Dehlinger Griffin, Renee Lynn Griffin, Robert A. Griffin(Grantor Retained Annuity Trust II, Retained Annuity Trust III, Grandchildren's Trust, Grandchildren's Trust II), Robert A. Griffin(Dismissed per Memorandum Opinion & Order at DE #590 ), Stephanie N. Griffin, Thomas Griffin, Toby A. Griffin, Toby Andrew Griffin, Traci Lynn Griffin, Dennis B. Griffin (Trust), Michael Kautzman, Traci G. Kautzman, Houston Griffin Mackinder; Summons issued and returned to counsel electronically (ECO)
October 7, 2016 Filing 1159 NOTICE OF FILING/PLAINTIFF'S SUPPLEMENTAL PETITION TO SATISFY JUDGMENT by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder Plaintiffs' Supplemental Petition to Satisfy Judgment (Attachments: #1 Summons)(Trout, Eva) Modified to better describe document on 10/11/2016 (ECO).
October 6, 2016 Filing 1161 USM Process Receipt and Return of Writ of Execution as to John M. Griffin: No one was home at the above address and the attorney's did not want to force entry. Process forwarded to DIC B. Hilsinger. (ECO)
September 7, 2016 Filing 1158 NOTICE of REDACTED Subpoena Duces Tecum by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Exhibit 1 - Citizens Federal Subpoena, #2 Exhibit 2 - BNY Mellon Subpoena, #3 Exhibit 3 - Baird and Co Subpoena, #4 Exhibit 4 - UBS Subpoena, #5 Exhibit 5 - Peoples Bank Subpoena, #6 Exhibit 6 - First Security Subpoena)(Wicker, J.) Modified text to add "REDACTED" on 9/8/2016 (ECO).
September 7, 2016 Clerk's Note: re #1157 Notice of Filing. Attorney's office called advising Clerk that personal identifiers were not redacted. Attorney refilling redacted documents. (ECO)
September 6, 2016 Filing 1157 NOTICE by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder of Subpoenas Duces Tecum (Attachments: #1 Exhibit 1 - Subpoena Citizens Federal, #2 Exhibit 2 - Subpoena BNY Mellon, #3 Exhibit 3 - Subpoena Baird & Co, #4 Exhibit 4 - Subpoena UBS, #5 Exhibit 5 - Subpoena Peoples Bank, #6 Exhibit 6 - Subpoena First Security Bank)(Wicker, J.)
August 31, 2016 Filing 1156 SEALED DOCUMENT Sealed pursuant to #1155 EX PARTE ORDER (ECO)
August 31, 2016 Opinion or Order Filing 1155 EX PARTE ORDER: cc: to Filing Attorney only: service by U.S. Mail on paper. Signed by Magistrate Judge Robert E. Wier on 8/30/2016.(ECO)
August 30, 2016 Filing 1154 SEALED DOCUMENT Sealed pursuant to #1153 EXPARTE ORDER (ECO)
August 30, 2016 Opinion or Order Filing 1153 EX PARTE ORDER: cc: to Filing Attorney only: service by U.S. Mail on paper. Signed by Magistrate Judge Robert E. Wier on 8/30/2016. (ECO)cc: COR
August 25, 2016 ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #1152 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (ECO)
August 24, 2016 Filing 1152 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder, Elizabeth A. Osborn. Motions referred to Robert E. Wier. (Attachments: #1 Exhibit Ex Parte Attachment, #2 Proposed Order)(Knappick, Justin) Modified text on 8/25/2016 (ECO).
August 24, 2016 Filing 1151 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 8/24/2016. before Magistrate Judge Robert E. Wier: Counsel advised all current discovery issues are resolved. Parties raised the topic of service/notice of third-party subpoenas. Plaintiffs' counsel took responsibility for a recent lapse in compliance. Court reiterated the Rule 45(a)(4) obligation, which counsel acknowledged. (Tape #KYED-LEX__2-11-cv-89-WOB-REW_20160824_104848). (TJZ)cc: COR
August 22, 2016 Opinion or Order Filing 1150 ORDER of USCA: GRANTING motion to consolidate #11 and [5589556-2]. Cases consolidated for briefing and submission re: #1142 Notice of Appeal filed by Martom Properties, LLC, #1139 Notice of Appeal,,, filed by Dennis B. Griffin Revocable Trust - 2012, John M. Griffin, Anthony A. Griffin, #1140 Notice of Appeal,,, filed by Martom Properties, LLC, #1141 Notice of Appeal,,, filed by Dennis B. Griffin Revocable Trust - 2012, John M. Griffin, Anthony A. Griffin (Attachments: #1 6CCA Cover Letter)(ECO)
August 18, 2016 Filing 1149 NOTICE by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder of Subpoenas Duces Tecum (Attachments: #1 Exhibit 1 - Charles Schwab Subpoena, #2 Exhibit 2 - Fifth Third Subpoena, #3 Exhibit 3 - PNC Subpoena, #4 Exhibit 4 - AMG Subpoena, #5 Exhibit 5 - PNC Hawthorn Subpoena, #6 Exhibit 6 - Veritable Subpoena)(Wicker, J.)
August 18, 2016 Opinion or Order Filing 1148 ORDER: 1) The Court GRANTS #1143 JOINT MOTION for Order. The primary purpose of the call will be to explore efficient resolution of perceived contentions and to set an accelerated briefing schedule. Plfs have a judgment and are entitled to explore means of collection, and the Court will probe the controversy and map out a path toward resolution. 2) The Court SCHEDULES a TELEPHONIC CONFERENCE, for counsel only, on 8/24/2016 at 11:00 AM in LEXINGTON. Prior to the telephonic conference, the Court will send and email to all counsel of record with the telephone number, access code, and security code to utilize, and counsel must call into the conference and be ready to proceed on the date and at the time designated. At least one lead counsel with authority to speak for the involved party must participate. 3) In advance of the call, parties shall confer (i.e, actually talk with one another) in an effort to reach an agreed resolution or narrow the issues for the conference. They shall promptly advise the Court if the call is note needed. 4) The Court will utilize the electronic sound (digital audio) recording system as the record for this case. Signed by Magistrate Judge Robert E. Wier on 8/18/2016.(ECO)cc: COR
August 17, 2016 Filing 1147 RESPONSE in Opposition re #1143 JOINT MOTION for Order by Linda G. Holt to Set Teleconference filed by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin. (Attachments: #1 Exhibit 1, DBG Estate's Resps. to Reqs. from Roeder, #2 Exhibit 2, DBG Estate's Resps. to Reqs. from Prewitt, #3 Exhibit 3, DBG Estate's Resps. to Reqs. from Holt, #4 Exhibit 4, John M. Griffin's Resps. to Reqs. from Roeder, #5 Exhibit 5, John M. Griffin's Resps. to Reqs. from Prewitt, #6 Exhibit 6, John M. Griffin's Resps. to Reqs. from Holt, #7 Exhibit 7, DBG Trust's Resps. to Reqs. from Roeder, #8 Exhibit 8, DBG Trust's Resps. to Reqs. from Prewitt, #9 Exhibit 9, DBG Trust's Resps. to Reqs. from Holt, #10 Exhibit 10, July 21 Letter from Wicker re John M. Griffin's Resps., #11 Exhibit 11, July 21 Letter from Wicker re DBG Estate's Resps., #12 Exhibit 12, July 29 Letter from Hankinson re John M. Griffin's Resps., #13 Exhibit 13, July 29 Letter from Hankinson re DBG Estate's Resps., #14 Exhibit 14, June 3 Email Chain Among Counsel)(Callow, Joseph)
August 16, 2016 Filing 1146 CLERK'S TAXATION OF COSTS in amount of $21,295.00 (plaintiff Osborn) and $25,525.53 (Holt plaintiffs) against Defendants. cc: COR (ECO) Modified to better described document on 8/17/2016 (ECO).
August 15, 2016 Filing 1145 ANSWER to Writ of Garnishment by Baird. (Attachments: #1 Cover Letter to Clerk)(ECO)
August 12, 2016 Opinion or Order Filing 1144 ORDER: Defs to respond by no later than 8/17/2016 re #1143 JOINT MOTION for Order. The motion will then stand submitted for consideration. Signed by Magistrate Judge Robert E. Wier on 8/12/2016.(ECO)cc: COR
August 11, 2016 Filing 1143 JOINT MOTION for Order by Linda G. Holt, Elizabeth Osborn, Judith Prewitt, Cynthia Roeder to Set Teleconference Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order)(Trout, Eva) Modified text to add additional filers on 8/12/2016 (ECO).
August 8, 2016 USCA Case Number 16-6221 Case Manager Patricia J. Elder for #1139 Notice of Appeal filed by Dennis B. Griffin Revocable Trust - 2012, John M. Griffin, Anthony A. Griffin. (Retrieved from website). (ECO) Modified text on 8/8/2016 (ECO).
August 8, 2016 USCA Case Number 16-6226 Case Manager Patricia J. Elder for #1141 Notice of Appeal filed by Dennis B. Griffin Revocable Trust - 2012, John M. Griffin, Anthony A. Griffin. (Retrieved from website). (ECO)
August 8, 2016 USCA Case Number 16-6225 Case Manager Patricia J. Elder for #1140 Notice of Appeal filed by Martom Properties, LLC. (Retrieved from website). (ECO)
August 8, 2016 USCA Case Number 16-6227 Case Manager Patricia J. Elder for #1142 Notice of Appeal filed by Martom Properties, LLC. (Retrieved from website). (ECO)
August 2, 2016 Filing 1142 NOTICE OF APPEAL as to #590 Memorandum Opinion & Order, Terminate Motions, Set Hearings, #612 Order on Motion for Reconsideration, Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion for Order, Motion Hearing, Set Deadlines, Set Hearings, #759 Order, #863 Judgment, #797 Order on Sealed Motion, #774 Order on Motion to Exclude, Terminate Motions, Motion Hearing, #790 Order on Motion to Dismiss, Order on Motion to Amend/Correct, Order on Motion for Leave, #1131 Memorandum Opinion & Order, Terminate Motions, #856 Findings of Fact & Conclusions of Law, Order, Terminate Motions, Set Deadlines, #761 Order on Motion in Limine, Order on Motion for Order, Order on Motion to Exclude, Order on Motion for Hearing, Order on Motion to Substitute Party, Motion Hearing, Terminate Hearings, by Martom Properties, LLC, Martom Properties, LLC. Filing fee $ 505, receipt number 0643-3549967. (Callow, Joseph) Modified to clean up extra text on 8/3/2016 (ECO).
August 2, 2016 Filing 1141 NOTICE OF APPEAL as to #590 Memorandum Opinion & Order, Terminate Motions, Set Hearings, #612 Order on Motion for Reconsideration, Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion for Order, Motion Hearing, Set Deadlines, Set Hearings, #759 Order, #863 Judgment, #797 Order on Sealed Motion, #774 Order on Motion to Exclude, Terminate Motions, Motion Hearing, #1131 Memorandum Opinion & Order, Terminate Motions, #856 Findings of Fact & Conclusions of Law, Order, Terminate Motions, Set Deadlines, #761 Order on Motion in Limine, Order on Motion for Order,, Order on Motion to Exclude, Order on Motion for Hearing, Order on Motion to Substitute Party,, Motion Hearing, Terminate Hearings, by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin. Filing fee $ 505, receipt number 0643-3549895. (Garre, Gregory) Modified to clean up extra text on 8/3/2016 (ECO).
August 2, 2016 Filing 1140 NOTICE OF APPEAL as to #590 Memorandum Opinion & Order, Terminate Motions, Set Hearings #612 Order on Motion for Reconsideration, Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion for Order,, Motion Hearing, Set Deadlines, Set Hearings #759 Order, #863 Judgment, #797 Order on Sealed Motion, #774 Order on Motion to Exclude, Terminate Motions, Motion Hearing, #790 Order on Motion to Dismiss, Order on Motion to Amend/Correct, Order on Motion for Leave, #1131 Memorandum Opinion & Order, Terminate Motions, #856 Findings of Fact & Conclusions of Law, Order, Terminate Motions, Set Deadlines #761 Order on Motion in Limine, Order on Motion for Order, Order on Motion to Exclude, Order on Motion for Hearing, Order on Motion to Substitute Party,, Motion Hearing, Terminate Hearings, by Martom Properties, LLC, Martom Properties, LLC. Filing fee $ 505, receipt number 0643-3549934. (Callow, Joseph) Modified to clean up extra text on 8/3/2016 (ECO).
August 2, 2016 Filing 1139 NOTICE OF APPEAL as to #863 Judgment, #590 Memorandum Opinion & Order, Terminate Motions, #612 Order on Motion for Reconsideration, Order on Motion to Dismiss/Lack of Jurisdiction, Order on Motion for Order, #759 Order, #797 Order on Sealed Motion, #774 Order on Motion to Exclude, Terminate Motions, Motion Hearing, #1131 Memorandum Opinion & Order, Terminate Motions, #856 Findings of Fact & Conclusions of Law, Order, #761 Order on Motion in Limine, Order on Motion for Order, Order on Motion to Exclude, Order on Motion for Hearing, Order on Motion to Substitute Party, by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin. Filing fee $ 505, receipt number 0643-3549772. (Garre, Gregory) Modified to added link to DE #863 as indicated in the Notice of Appeal on 8/2/2016 (KJR).
August 2, 2016 Opinion or Order Filing 1138 MEMORANDUM OPINION AND ORDER: 1) Def John M. Griffin's motion for an order discharging exempt individual retirement account from garnishment #1110 is GRANTED; and 2) Def John M. Griffin's expedited motion for order approving deposits #1064 is DENIED AS MOOT in light of the parties' Escrow Agreement #1125 . Signed by Judge William O. Bertelsman on 8/2/2016.(ECO)cc: COR
August 2, 2016 ***FILE SUBMITTED TO Robert Carr of for review: #1067 BILL OF COSTS by Elizabeth A. Osborn , #1079 BILL OF COSTS by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (ECO)
July 28, 2016 Filing 1137 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
July 28, 2016 Filing 1136 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
July 28, 2016 Filing 1135 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
July 28, 2016 Filing 1134 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. Motions referred to Robert E. Wier. (ECO)
July 28, 2016 Filing 1133 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. Motions referred to Robert E. Wier. (ECO)
July 28, 2016 Filing 1132 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. Motions referred to Robert E. Wier. (ECO)
July 26, 2016 Opinion or Order Filing 1131 MEMORANDUM OPINION & ORDER: That Defs' expedited motion for amended or additional findings, amended judgment, and/or a new trial #1059 is DENIED. Signed by Judge William O. Bertelsman on 7/26/2016.(ECO)cc: COR
July 26, 2016 Filing 1130 SEALED REPLY TO RESPONSE TO MOTION by John M. Griffin re #1127 Response in Opposition to Motion, #55 Protective Order, re #1110 MOTION for Order by John M. Griffin Discharging Exempt Individual Retirement Account From Garnishment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Filed pursuant to QC DE #1129 ).(ECO)
July 25, 2016 Filing 1129 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #1110 MOTION for Order by John M. Griffin Discharging Exempt Individual Retirement Account From Garnishment, #55 Protective Order, Terminate Motions by John M. Griffin (Attachments: #1 Exhibit A (Declaration of John M. Griffin), #2 Exhibit B (7/6 Email Correspondence), #3 Exhibit C (7/12 Email Correspondence), #4 Exhibit D (Griffin Industries, Inc. Report), #5 Exhibit E (7/19 Email Correspondence)) (Callow, Joseph)
July 22, 2016 NOTICE OF DOCKET MODIFICATION TO J. Kent Wicker re #1128 Notice; Error: attachment was insufficiently described as "Exhibit." Entry by attorney; Correction: the Clerk renamed the attachement. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (ECO)
July 21, 2016 Filing 1128 NOTICE of Subpoena Duces Tecum by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Exhibit-Subpoena to Custodian of Records)(Wicker, J.) Modified to better described exhibit on 7/22/2016 (ECO). Modified text on 7/25/2016 (TJZ).
July 18, 2016 Filing 1127 RESPONSE in Opposition re #1110 MOTION for Order by John M. Griffin Discharging Exempt Individual Retirement Account From Garnishment filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Wicker, J.)
July 13, 2016 Opinion or Order Filing 1126 ORDER: 1) All monies deposited in this case shall be invested in the Court Registry Investment System; 2) That pursuant to the directive of the Judicial Conference of the United States, the Clerk shall deduct a Registry Fee equal to 10% of the interest earned for the first 5 years, 7.5% for the next 5 years, 5% for the next 5 years and no less than 2% thereafter. In addition to the aforementioned fees and pursuant to the Court's Miscellaneous Fee Schedule, a fee at a rate of 2.5 basis points shall be assessed from interest earnings for management of registry funds invested through the Court Registry Investment System; and 3) That all fees shall be deducted prior to the disbursement of funds without further orders of the Court. Signed by Judge William O. Bertelsman on 7/13/2016.(ECO)cc: COR
July 11, 2016 Filing 1125 NOTICE OF FILING by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder re #1123 Notice of Filing, Executed Escrow Agreement (Attachments: #1 Exhibit 1 - Executed Escrow Agreement)(Wicker, J.)
July 11, 2016 Opinion or Order Filing 1124 AGREED ORDER: Plfs shall have through and including 7/18/2016, to file their Response to Def John M. Griffin's Motion for Order Discharging Exempt Individual Retirement Account from Garnishment #1110 . Signed by Judge William O. Bertelsman on 7/11/2016.(ECO)cc: COR
July 11, 2016 ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #1122 Proposed Agreed Order/Stipulation for Extension of Time by Elizabeth A. Osborn (ECO)
July 8, 2016 Filing 1123 NOTICE OF FILING of Escrow Agreement by Linda G. Holt (Attachments: #1 Exhibit 1-Escrow Agreement, #2 Exhibit A to Escrow Ageement, #3 Exhibit Exhibit A -1 to Escrow Agreement) (Filed pursuant to QC DE 150 in Member Case 2:13-cv-32-WOB-REW).(ECO)
July 8, 2016 Filing 1122 Proposed Agreed Order/Stipulation for Extension of Time by Elizabeth A. Osborn. (Jakubowicz, Janet)
July 7, 2016 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #1059 MOTION for New Trial by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC Seeking Amended or Additional Filings, Amended Judgment, And/Or New Trial MOTION to Alter Judgment (ECO)
July 5, 2016 Filing 1121 REPLY to Response to Motion re #1059 MOTION for New Trial by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC Seeking Amended or Additional Filings, Amended Judgment, And/Or New Trial MOTION to Alter Judgment filed by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC. (Attachments: #1 Exhibit Plaintiffs' Trial Exhibit 110)(Callow, Joseph)
June 28, 2016 Opinion or Order Filing 1120 ORDER: that the foregoing ddls re: #1108 be extended by 2 weeks. Accordingly, the Escrow Agreement shall be approved by the parties and the Court on or before 7/8/2016. Def John M. Griffin shall cause the mortgage to PNC Bank, and all other liens, other than Plfs' judgment lien and liens for real estate taxes that are not yet due, to be removed from all assets which are the subject of the Agreed Stay Order #1108 on or before 7/8/2016. Signed by Judge William O. Bertelsman on 6/28/2016.(ECO)cc: COR Modified to create link on 6/28/2016 (ECO).
June 24, 2016 Opinion or Order Filing 1119 AGREED ORDER: re: #1112 / #1113 - See Order for Details - Parties to comply with paragraphs 1 - 4 of Order. Signed by Judge William O. Bertelsman on 6/24/2016.(ECO)cc: COR Modified to add links on 6/27/2016 (ECO).
June 24, 2016 Filing 1118 Proposed Agreed Order/Stipulation Regarding Extending Deadlines by John M. Griffin. (Callow, Joseph)
June 24, 2016 Filing 1117 JOINT STATUS REPORT Regarding Agreed Order and Injunction by John M. Griffin, Cynthia Roeder, Judith Prewitt, Elizabeth Osborn and Linda Holt . (Callow, Joseph) Modified to add plfs as filers on 6/24/2016 (ECO).
June 24, 2016 ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #1118 Proposed Agreed Order/Stipulation Regarding Extending Deadlines by John M. Griffin, #1117 Joint Status Report (ECO)
June 23, 2016 Filing 1116 Proposed Agreed Order/Stipulation by Juanita M. Griffin. (Storm, Beverly)
June 23, 2016 Filing 1115 JOINT STATUS REPORT by Juanita M. Griffin, Elizabeth Osborn, Judith Prewitt, Cynthia Roeder, Linda Holt (Storm, Beverly) Modified to add Plfs as filers on 6/23/2016 (ECO).
June 23, 2016 ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #1115 Status Report, #1116 Proposed Agreed Order/Stipulation by Juanita M. Griffin (ECO)
June 21, 2016 Opinion or Order Filing 1114 ORDER: That the parties shall immediately confer and attempt to resolve this objection #1112 . The parties shall advise the Court whether such effort was successful by a joint status report filed on or before 6/24/2016. Signed by Judge William O. Bertelsman on 6/21/2016.(ECO)cc: COR
June 21, 2016 Filing 1113 MOTION for Hearing re #1112 Objection to Order of Garnishment by Juanita M. Griffin, Other Party. (Attachments: #1 Exhibit A-Fifth Third Bank Order of Garnishment, #2 Exhibit B-Affidavit of Juanita M. Griffin) Filed pursuant to QC DE #1112 (ECO) Modified underline on 6/22/2016 (ECO).
June 21, 2016 NOTICE OF DOCKET MODIFICATION TO Frank Tremper re #1112 Objection; Error: This is an objection AND a motion. The pleadings were filed only a an objection when the document should be filed as two separate entries; Entry by attorney; Clerk re-filed the pleading as a Motion #1113 . In the future, when filing multiple pleadings within one filing, please refer to the ECF User Manual 'Filing Other Types of Documents' for the correct procedure. No further steps required by counsel. cc: COR (ECO)
June 20, 2016 Filing 1112 OBJECTIONS to Order of Garnishment filed by Juanita M. Griffin. (Attachments: #1 Exhibit Order of Garnishment, #2 Affidavit Affidavit of Juanita M. Griffin)(Tremper, Frank)
June 20, 2016 Filing 1111 ANSWER to Writ of Garnishment by PNC Bank. (Attachments: #1 Envelope from PNC Bank post marked 6/17/16)(ECO)
June 17, 2016 Filing 1110 MOTION for Order by John M. Griffin Discharging Exempt Individual Retirement Account From Garnishment. (Attachments: #1 Exhibit Affidavit of Todd Sander, #2 Proposed Order)(Callow, Joseph) Modified to take out referral language on 6/20/2016 (ECO).
June 17, 2016 Filing 1109 RESPONSE in Opposition re #1059 MOTION for New Trial by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC Seeking Amended or Additional Filings, Amended Judgment, And/Or New Trial MOTION to Alter Judgment filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Proposed Order)(Lewis, Benjamin)
June 17, 2016 Opinion or Order Filing 1108 AGREED ORDER AND INJUNCTION: (See Order for Details). Signed by Judge William O. Bertelsman on 6/17/2016. (Attachments: #1 Schedule A-Real Estate, #2 Schedule B-Vehicles, #3 Certificate of Service)(TJZ)cc: COR
June 17, 2016 Filing 1107 Proposed Agreed Order/Stipulation Regarding Motion for Partial Stay, Docket Number 1064 by John M. Griffin. (Callow, Joseph)
June 13, 2016 Opinion or Order Filing 1106 ORDER: Upon motion of the plaintiffs #1102 , the Order of Garnishment (Non-Wage) entered as to Martom Properties, LLC is released. Signed by Judge William O. Bertelsman on 6/13/2016. (TJZ)cc: COR
June 10, 2016 Filing 1105 TRANSCRIPT of Proceedings: MOTION HEARING held on 6/6/2016 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: Joseph Callow, Esq.. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 7/5/2016. Redacted Transcript Deadline set for 7/14/2016. Release of Transcript Restriction set for 9/12/2016.
June 10, 2016 Filing 1104 ANSWER to Writ of Garnishment by PNC Bank. (ECO)
June 10, 2016 Filing 1103 ANSWER to Writ of Garnishment by PNC Bank. (Attachments: #1 Envelope from PNC Bank)(ECO)
June 10, 2016 Filing 1102 MOTION to Withdraw by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder Orders of Garnishment as to Martom Properties, LLC . (Attachments: #1 Proposed Order)(Wicker, J.) Modified text to take out referral language on 6/10/2016 (ECO).
June 10, 2016 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #1102 MOTION to Withdraw by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder Orders of Garnishment as to Martom Properties, LLC (ECO)
June 8, 2016 Filing 1101 ANSWER to Writ of Garnishment by Fifth Third Bank. (Attachments: #1 Envelope from Fifth Third Bank - UPS Ground)(ECO)
June 8, 2016 Filing 1100 NOTICE OF MANDATORY ECF DIRECTED TO Gregory G. Garre, a non-registered attorney re #1099 Order had to be MAILED TO a non-registered attorney, which is in direct violation of this court's General Orders re: Mandatory ECF. Failure to comply will result in this matter being submitted to the Chief Judge. cc: COR, cc mailed to Gregory G. Garre (ECO)
June 8, 2016 Opinion or Order Filing 1099 ORDER: 1) The Clerk shall cause the $7,930.000.00 deposited in this case to be invested in the Court Registry Investment System; 2) Pursuant to the directive of the Judicial Conference of the United States, the Clerk shall deduct a Registry Fee (see Order for details); 3) That all fees shall be deducted prior to the disbursement of funds without further orders of the Court. Signed by Judge William O. Bertelsman on 6/8/2016.(ECO)cc: COR w/copy mailed to Atty Gregory Garre
June 8, 2016 Filing 1098 ANSWER to Writ of Garnishment by PNC Bank. (Attachments: #1 Letter from PNC Bank, #2 Envelope from PNC Bank post marked 6/6/2016)(ECO)
June 8, 2016 Filing 1097 ANSWER to Writ of Garnishment by PNC Bank. (ECO)
June 6, 2016 Filing 1096 MINUTE ENTRY ORDER FOR MOTION HEARING held on 6/6/2016 before Judge William O. Bertelsman: 1) The parties advised the Court that they are working together to agree upon an Escrow Agent to hold assets of defendant John M. Griffin until the resolution of any appeal. The parties shall notify the Court if an agreement has been reached or if the parties request another hearing; 2) the Court notes in the record that a cash bond was previously deposited with the Clerk of Court in the amount of $7,930,000.00 #1092 which shall be maintained in an interest bearing account. Any future cash bond received by the Clerk will also be put into an interest bearing account. (Court Reporter JOAN AVERDICK.) (ECO)cc: COR
June 6, 2016 Filing 1095 ANSWER to Writ of Garnishment by U.S. Bank. (ECO)
June 3, 2016 Filing 1092 Supersedeas BOND in the amount of $ $7,930,000.00 posted by Martom Properties, LLC (Attachments: #1 Receipt #2009487) (ECO)
June 3, 2016 Opinion or Order Filing 1091 ORDER: The Court GRANTS DE #1089 Motion to Appear Pro Hac Vice and permits Hon. Robert G. Sanker to serve as pro hac vice counsel for Defendants. Signed by Magistrate Judge Robert E. Wier on 6/3/2016. (ECO)cc: COR w/copy to Atty Gregory G. Garre
June 3, 2016 Opinion or Order Filing 1090 ORDER: 1) The Motion for Protective Order #875 is GRANTED; 2) Tony Griffin is prohibited from having any further contact by Tony Griffin with the Holt Plfs, Elizabeth Osborn, or their families or attys ("the Protected Parties"), and from taking any action, directly or indirectly, to injure, harass, or intimidate those persons. Signed by Judge William O. Bertelsman on 6/3/2016. (ECO)cc: COR w/copy mailed to Atty Gregory G. Garre
June 3, 2016 Filing 1089 MOTION for Robert G. Sanker to Appear Pro Hac Vice by Dennis B. Griffin Revocable Trust - 2012, John M. Griffin, Martom Properties, LLC ( Filing fee $125; receipt number 0643-3500137)Motions referred to Robert E. Wier. (Attachments: #1 Exhibit Affidavit of Bob Sanker, #2 Proposed Order Proposed Order)(Vonderbrink, Sarah) (Additional attachment(s) added on 6/3/2016: #3 Affidavit of Robert Sanker, #4 Supreme Court of Ohio Certificate) (ECO).
June 3, 2016 BAR STATUS Check completed as to Robert G. Sanker re #1089 MOTION for Robert G. Sanker to Appear Pro Hac Vice by Dennis B. Griffin Revocable Trust - 2012, John M. Griffin, Martom Properties, LLC ( Filing fee $125; receipt number 0643-3500137). (ECO)
June 3, 2016 NOTICE OF DOCKET MODIFICATION TO Sarah Vonderbrink re #1089 MOTION for Robert G. Sanker to Appear Pro Hac Vice; Error: Exhibits were filed together as one attachment; Entry by attorney; Each exhibit must be filed as a separate attachment with a clear and concise description; Clerk attached each exhibit as a separate attachment with an appropriate description. In the future, attach each exhibit separately and name each attachment appropriately. No further action required by cousnel. cc: COR (ECO)
June 3, 2016 ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #1089 MOTION for Robert G. Sanker to Appear Pro Hac Vice by Dennis B. Griffin Revocable Trust - 2012, John M. Griffin, Martom Properties, LLC ( Filing fee $125; receipt number 0643-3500137) (ECO)
June 2, 2016 Filing 1088 ANSWER to Writ of Garnishment by Griffin Industries, LLC. (Attachments: #1 Letter to Clerk, #2 Envelope from Weil, Gotshal & Manges LLP post marked 5/31/16)(ECO)
June 2, 2016 Opinion or Order Filing 1087 ORDER: Def's motion #1076 is GRANTED. The Court hereby orders that: 1) the supersedeas bond in the amount of $7,930,000, in the form attached to the Motion ("Bond"), is approved and shall be filed with and accepted by the Clerk of this Court; 2) the $7,930,000 cash deposit securing the bond ("Deposit") is approved and shall be desposited with and accepted by the Clerk of this Court; and 3) upon the filing of the Bond and the making of the Deposit, any and all execution of the judgment entered against Martom Properties, LLC in this action on 4/26/2016 #863 (the "Judgment") against Martom Properties, LLC or its assets shall be stayed, and such stay shall remain in effect so long as Martom Properties, LLC files a timely notice of appeal of the Judgment, and shall remain in effect until (i) the Judgment has been affirmed by the Sixth Circuit Court of Appeals, (ii) an appeal of the Judgment is dismissed, or (iii) the Judgment has been modified by the Sixth Circuit Court of Appeals, and Martom Properties, LLC does not promptly pay all sums awarded against it as a result of such modification. Signed by Judge William O. Bertelsman on 6/2/2016.(ECO)cc: COR w/copy mailed to Atty Gregory G. Garre
June 1, 2016 Filing 1086 SEALED REPLY TO RESPONSE TO MOTION by John M. Griffin re #55 Protective Order, #1064 SEALED MOTION re #55 Protective Order, by John M. Griffin. (Attachments: #1 Exhibit A, #2 Exhibit B) (ECO) (Filed pursuant to QC DE #1085 )
June 1, 2016 Filing 1085 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by John M. Griffin (Attachments: #1 Exhibit A. Michigan Deeds, #2 Exhibit B. Family Directory) (Callow, Joseph)
May 31, 2016 Filing 1094 ANSWER to Writ of Garnishment by U.S. Bank. (ECO)
May 31, 2016 Filing 1093 ANSWER to Writ of Garnishment by U.S. Bank. (Attachments: #1 Envelope from U.S. Bank)(ECO)
May 31, 2016 Filing 1084 RESPONSE in Opposition re #1064 SEALED MOTION re #55 Protective Order, Terminate Motions by Martom Properties, LLC. filed by Linda G. Holt. (Attachments: #1 Exhibit A -- Deeds to Michigan Properties, #2 Exhibit B -- Photograph of Michigan Property, #3 Exhibit C -- Golf Club Web Pages, #4 Exhibit D -- PNC Garnishments, #5 Proposed Order)(Wicker, J.) Modified to correct link on 6/2/2016 (ECO).
May 31, 2016 Filing 1083 ANSWER to Writ of Garnishment by Wells Fargo Bank, National Association. (TJZ)
May 31, 2016 Opinion or Order Filing 1082 ORDER: 1) A hearing as requested by the defendants is SET for Monday, 6/6/2016 at 1:00 p.m. 2) The Clerk of Court and members of his staff whom he selects shall attend and participate in this hearing; 3) Counsel shall confer in advance of this hearing, make all efforts to agree on the procedures to be followed in depositing the proposed assets with the Court, be prepared to report to the Court on these efforts. These discussions shall include the viability of appointing an "escrow agent" to hold the assets, as suggested in defendant's motion. Signed by Judge William O. Bertelsman on 5/31/2016.(TJZ)cc: COR, Clerk
May 31, 2016 Opinion or Order Filing 1081 ORDER: Plaintiffs' Expedited Joint Motion to Certify Judgment #953 is GRANTED IN PART AS TO DEFENDANTS JOHN M. GRIFFIN AND THE ESTATE OF DENNIS B. GRIFFIN AND DENIED IN PART AS TO DEFENDANT MARTOM PROPERTIES, LLC. The Court's Judgment of 4/26/2016 #863 is hereby CERTIFIED for registration in another district as to defendants John M. Griffin and the Estate of Dennis B. Griffin, and the Clerk is directed to prepare certified copies of the judgment in accordance with this Order. Signed by Judge William O. Bertelsman on 5/31/2016. (TJZ)cc: COR
May 27, 2016 Opinion or Order Filing 1080 ORDER: Defendant's Motion to Expedite Briefing #1077 is GRANTED. Plaintiff's Response to Defendants' Motion to Stay Execution is due 5/31/2016. Defendant's Reply is due 6/1/2016. Signed by Judge William O. Bertelsman on 5/27/2016.(TJZ)cc: COR
May 26, 2016 Filing 1079 BILL OF COSTS by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder . (Attachments: #1 Exhibit A - Itemization and Documentation)(Wicker, J.)
May 26, 2016 Filing 1078 RESPONSE in Opposition re #875 MOTION for Protective Order by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder filed by Dennis B. Griffin Revocable Trust - 2012, John M. Griffin, Martom Properties, LLC. (Callow, Joseph)
May 26, 2016 Filing 1077 SEALED MOTION re #55 Protective Order, Terminate Motions by Martom Properties, LLC. (Attachments: #1 Proposed Order) (Callow, Joseph)
May 26, 2016 Filing 1076 SEALED MOTION re #55 Protective Order, Terminate Motions by Martom Properties, LLC. (Attachments: #1 Exhibit A. Supersedeas Bond, #2 Proposed Order) (Callow, Joseph)
May 26, 2016 Filing 1075 ANSWER to Writ of Garnishment by Suntrust Bank Corp.. (ECO)
May 26, 2016 Filing 1074 ANSWER to Writ of Garnishment by Suntrust Bank Corp.. (ECO)
May 26, 2016 Filing 1073 ANSWER to Writ of Garnishment by Suntrust Bank Corp.. (Attachments: #1 Envelope from Sun Trust Bank)(ECO)
May 26, 2016 Filing 1072 ANSWER to Writ of Garnishment by Chase Bank. (Attachments: #1 Envelope from JPMorgan Chase Bank post marked 5/18/16)(ECO)
May 26, 2016 Filing 1071 ANSWER to Writ of Garnishment by Chase Bank. (Attachments: #1 Envelope JPMorgan Chase Bank)(ECO)
May 26, 2016 Filing 1070 ANSWER to Writ of Garnishment by First Financial Bank, National Association, Inc.. (ECO)
May 26, 2016 Filing 1069 ANSWER to Writ of Garnishment by First Financial Bank, National Association, Inc.. (ECO)
May 26, 2016 Filing 1068 ANSWER to Writ of Garnishment by First Financial Bank, National Association, Inc.. (Attachments: #1 Affidavit of Robert Bennett, #2 Envelope from First Financial Bank post marked 5/24/16)(ECO)
May 26, 2016 Filing 1067 BILL OF COSTS by Elizabeth A. Osborn . (Attachments: #1 Exhibit A - Itemization of Elizabeth Osborn's Costs)(Jakubowicz, Janet)
May 26, 2016 Opinion or Order Filing 1066 ORDER: 1) Defs' Motion to Expedite Briefing #1065 is GRANTED. Plfs'Response to Defs' motion to stay execution #1064 is due 5/31/2016 and Def's Reply is due 6/1/2016. Signed by Judge William O. Bertelsman on 5/26/2016.(ECO)cc: COR
May 25, 2016 Filing 1065 MOTION to Expedite by John M. Griffin Seeking Expedited Briefing of Sealed Motion at Docket Number 1064. (Attachments: #1 Proposed Order)(Callow, Joseph) Modified text to take out referral languageon 5/26/2016 (ECO).
May 25, 2016 Filing 1064 SEALED MOTION re #55 Protective Order, Terminate Motions by John M. Griffin. (Attachments: #1 Exhibit A, part 1 - Deeds for John M. Griffin's real estate, #2 Exhibit A, part 2 - deeds for John M. Griffin's real estate, #3 Proposed Order) (Callow, Joseph)
May 25, 2016 Filing 1063 REPLY to Response to Motion re #953 JOINT MOTION Certify Judgment by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Exhibit John M. Griffin Out of District Deeds)(Knappick, Justin)
May 25, 2016 Filing 1062 ANSWER to Writ of Garnishment by Huntington National Bank. (ECO)
May 25, 2016 Filing 1061 ANSWER to Writ of Garnishment by Huntington National Bank. (ECO)
May 25, 2016 Filing 1060 ANSWER to Writ of Garnishment by Huntington National Bank. (Attachments: #1 Envelope from Hunington Bank - post mark illegible)(ECO)
May 25, 2016 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #953 JOINT MOTION Certify Judgment by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder (ECO)
May 25, 2016 NOTICE OF DOCKET MODIFICATION TO Joseph Callow re #1059 EXPEDITED MOTION for New Trial; Error: This motion requests 2 forms of relief and only one form of relief was selected; Entry by attorney; Clerk added the motion relief requested. In the future, when filing a motion with multiple reliefs, select a motion relief for each relief requested, so all motions will appear on the Judge's motion report. No further action required by counsel. cc: COR (ECO)
May 24, 2016 Filing 1059 EXPEDITED MOTION for New Trial AND MOTION to Alter and Amended Judgment and Findings #863 by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC Seeking Amended or Additional Filings, Amended Judgment, And/Or New Trial (Attachments: #1 Proposed Order)(Callow, Joseph). Added MOTION to Alter Judgment on 5/25/2016 (ECO). Modified to add link on 5/25/2016 (ECO).
May 24, 2016 Filing 1058 ANSWER to Writ of Garnishment by Wells Fargo Bank, National Association. (ECO)
May 23, 2016 Filing 1057 RESPONSE in Opposition re #953 JOINT MOTION Certify Judgment by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder filed by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC. (Callow, Joseph)
May 23, 2016 Filing 1056 ANSWER to Writ of Garnishment by Chase Bank. (Attachments: #1 Envelope JPMorgan Chase & Co.-post marked 5/19/16)(ECO)
May 23, 2016 Filing 1055 ANSWER to Writ of Garnishment by Union Savings Bank. (ECO)
May 23, 2016 Filing 1054 ANSWER to Writ of Garnishment by Union Savings Bank. (ECO)
May 23, 2016 Filing 1053 ANSWER to Writ of Garnishment by Union Savings Bank. (Attachments: #1 Envelope from Union Saving Bank - no post mark)(ECO)
May 20, 2016 Filing 1052 ANSWER to Writ of Garnishment by Woodforest National Bank. (ECO)
May 20, 2016 Filing 1051 ANSWER to Writ of Garnishment by Woodforest National Bank. (ECO)
May 20, 2016 Filing 1050 ANSWER to Writ of Garnishment by Woodforest National Bank. (Attachments: #1 Envelope from Woodforest - post marked 5/17/2016)(ECO)
May 20, 2016 Filing 1049 ANSWER to Writ of Garnishment by Republic Bank & Trust Co.. (ECO)
May 20, 2016 Filing 1048 ANSWER to Writ of Garnishment by Republic Bank & Trust Co.. (ECO)
May 20, 2016 Filing 1047 ANSWER to Writ of Garnishment by Republic Bank & Trust Co.. (Attachments: #1 Envelope from Republic Bank & Trust -post marked 5/17/2016)(ECO)
May 18, 2016 Filing 1046 ANSWER to Writ of Garnishment by Stock Yards Bank & Trust Company. (ECO)
May 18, 2016 Filing 1045 ANSWER to Writ of Garnishment by Stock Yards Bank & Trust Company. (ECO)
May 18, 2016 Filing 1044 ANSWER to Writ of Garnishment by Stock Yards Bank & Trust Company. (Attachments: #1 Envelope from Stock yard Bank & Trust Company post marked 5/16/2016)(ECO)
May 18, 2016 Filing 1043 EX PARTE ORDER: cc: to Filing Attorney only(ECO)
May 18, 2016 Filing 1042 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 18, 2016 Filing 1041 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 18, 2016 Filing 1040 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 18, 2016 Filing 1039 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 18, 2016 Filing 1038 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 18, 2016 Filing 1037 SUR REPLY re #879 MOTION for Leave by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder to File Surreply in Opposition to Defendants' Expedited Motion for Stay of Execution of Judgment, #864 MOTION to Stay by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC of Execution of Judgment Pending Disposition. (Filed per Order DE #1036 ). (ECO)
May 18, 2016 Opinion or Order Filing 1036 ORDER: 1) The Letter of Credit proposed by Defs is rejected by the Court; 2) Defs may obtain a stay in whole or in part by posting a supersedeas bond or by depositing funds or other appropriate assets, approved by the Court, into the registry of the Court; 3) Any stay of judgment obtained will extend only to the amount of such supersedeas bond or deposited funds and not to the entire judgment; 4) Defs' Renewed Expedited Motion for Stay of Execution of Judgment Pending Disposition of Post-Trial Motions #1024 is DENIED; and 5) Plfs' motion for leave to file surreply #879 is GRANTED. Signed by Judge William O. Bertelsman on 5/18/2016.(ECO)cc: COR w/copy mailed to Attys Benjamin Snyder, Gregory G. Garre, Heather Waller and Melissa Sherry, via U.S. Mail.
May 17, 2016 Filing 1035 SEALED REPLY TO RESPONSE TO MOTION by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC re #55 Protective Order, #1024 SEALED MOTION re #55 Protective Order, Terminate Motions, #864 MOTION to Stay by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Ma (Filed pursuant to QC DE #1034 ). (ECO)
May 17, 2016 Filing 1034 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC (Callow, Joseph)
May 17, 2016 Opinion or Order Filing 1033 ORDER: That Defs file a response to this motion #953 on or before 5/23/2016. Signed by Judge William O. Bertelsman on 5/17/2016.(ECO)cc: COR w/copy to Attys Benjamin Snyder, Gregroy Garre, Heather Walker and Melissa Sherry via U.S. Mail.
May 17, 2016 Filing 1032 ANSWER to Writ of Garnishment by Guardian Savings Bank. (ECO)
May 17, 2016 Filing 1031 ANSWER to Writ of Garnishment by Guardian Savings Bank. (ECO)
May 17, 2016 Filing 1030 ANSWER to Writ of Garnishment by Guardian Savings Bank. (Attachments: #1 Guardian Savings Bank Envelope post marked 5/13/16)(ECO)
May 17, 2016 Filing 1029 ANSWER to Writ of Garnishment by BB&T. (ECO)
May 17, 2016 Filing 1028 ANSWER to Writ of Garnishment by BB&T. (ECO)
May 17, 2016 Filing 1027 ANSWER to Writ of Garnishment by BB&T. (Attachments: #1 BB&T Envelope - no post mark)(ECO)
May 16, 2016 Filing 1026 RESPONSE in Opposition re #1024 SEALED MOTION re #55 Protective Order, Terminate Motions, #864 MOTION to Stay by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Ma to Renewed Expedited Motion for Stay of Execution of Judgment filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Exhibit 1 - April 16, 2016 Special Warranty Deed, #2 Exhibit 2 - Inventory of Dennis B. Griffin Estate, #3 Exhibit 3 - Docket from Estate of Dennis B. Griffin Probate Proceeding)(Lewis, Benjamin)
May 13, 2016 Filing 1025 SEALED NOTICE Sealed pursuant to PROTECTIVE ORDER re #1024 SEALED MOTION re #55 Protective Order, Terminate Motions, #864 MOTION to Stay by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Ma, #55 Protective Order, Terminate Motions by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC (Attachments: #1 Exhibit A - Form Letter of Credit) (Callow, Joseph) Modified text on 5/16/2016 (ECO).
May 11, 2016 Filing 1024 SEALED MOTION re #55 Protective Order, Terminate Motions, #864 MOTION to Stay by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC of Execution of Judgment Pending Disposition by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Attachments: #1 Exhibit 1 - Commitment Letter, #2 Exhibit 2 - Affidavit of John M. Griffin, #3 Proposed Order Immediate Relief, #4 Proposed Order Ultimate Relief) (Callow, Joseph)
May 11, 2016 Filing 1023 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1022 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1021 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1020 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1019 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1018 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1017 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1016 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1015 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1014 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1013 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1012 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1011 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1010 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1009 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1008 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1007 EX PARTE ORDER: cc: to Filing Attorney only(ECO)
May 11, 2016 Filing 1006 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1005 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1004 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1003 EX PARTE ORDER: cc: to Filing Attorney only(ECO)
May 11, 2016 Filing 1002 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1001 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 1000 EX PARTE ORDER: cc: to Filing Attorney only(ECO)
May 11, 2016 Filing 999 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 998 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 997 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 996 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 995 EX PARTE ORDER: cc: to Filing Attorney only(ECO)
May 11, 2016 Filing 994 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 993 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 992 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 991 EX PARTE ORDER: cc: to Filing Attorney only(ECO)
May 11, 2016 Filing 990 EX PARTE ORDER: cc: to Filing Attorney only(ECO)
May 11, 2016 Filing 989 EX PARTE ORDER: cc: to Filing Attorney only(ECO)
May 11, 2016 Filing 988 EX PARTE ORDER: cc: to Filing Attorney only(ECO)
May 11, 2016 Filing 987 EX PARTE ORDER: cc: to Filing Attorney only(ECO)
May 11, 2016 Filing 986 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 985 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 984 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 983 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 982 EX PARTE ORDER: cc: to Filing Attorney only(ECO)
May 11, 2016 Filing 981 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 980 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 979 EX PARTE ORDER: cc: to Filing Attorney only(ECO)
May 11, 2016 Filing 978 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 977 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 976 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 975 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 974 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 973 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 972 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 971 EX PARTE ORDER: cc: to Filing Attorney only(ECO)
May 11, 2016 Filing 970 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 969 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 968 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 967 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 966 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 965 EX PARTE ORDER: cc: to Filing Attorney only(ECO)
May 11, 2016 Filing 964 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 963 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 962 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 961 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 960 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 959 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 958 EX PARTE ORDER: cc: to Filing Attorney only(ECO)
May 11, 2016 Filing 957 EX PARTE ORDER: cc: to Filing Attorney only (ECO)
May 11, 2016 Filing 956 EX PARTE ORDER: cc: to Filing Attorney only(ECO)
May 11, 2016 Filing 955 EX PARTE ORDER: cc: to Filing Attorney only: (ECO)
May 11, 2016 Filing 954 EX PARTE ORDER: cc: to Filing Attorney only (ECO) Modified underline on 5/12/2016 (ECO).
May 11, 2016 Filing 953 JOINT MOTION Certify Judgment by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder . (Attachments: #1 Proposed Order Order Certifying Judgment)(Knappick, Justin) Modified text to take out referral on 5/12/2016 (ECO).
May 11, 2016 Filing 952 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 951 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 950 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 949 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 948 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 947 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 946 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 945 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 944 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 943 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 942 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 941 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 940 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 939 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 938 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 937 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 936 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 935 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 934 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 933 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 932 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 931 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 930 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 929 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 928 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 927 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 926 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 925 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 924 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 923 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 922 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 921 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 920 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 919 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 918 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 917 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 916 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 915 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 914 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 913 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 912 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 911 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 910 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 909 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 908 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 907 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 906 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 905 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 904 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 903 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 902 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 901 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 900 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 899 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 898 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 897 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 896 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 895 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 894 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 893 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 892 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 891 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 890 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 889 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 888 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 887 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 886 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 885 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 884 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 883 EX PARTE MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. RoederMotions referred to Robert E. Wier. (Knappick, Justin)
May 11, 2016 Filing 882 EX PARTE NOTICE by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Knappick, Justin) Modified text and took out referral language on 5/11/2016 (ECO).
May 11, 2016 Filing 881 NOTICE of Appearance by Justin L. Knappick on behalf of Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (Knappick, Justin)
May 10, 2016 Opinion or Order Filing 880 ORDER: 1) Defs' Expedited Motion to Stay of Execution of Judgment Pending Disposition of Post-Trial Motions #864 is DENIED, except to the extent that the judgment herein is secured in whole or part by security approved by the Court; 2) If Defs desire to seek Court approval of such security, they must do so by appropriate motion, accompanied by a tender of the proposed security; 3) If Defs file such a motion, plfs shall respond thereto within five days. Signed by Judge William O. Bertelsman on 5/10/2016.(ECO)cc: COR, copies of order mailed to Attys Benjamin Snyder, Gregory Garre, Heather Waller and Melissa Sherry. Modified text on 5/10/2016 (ECO).
May 10, 2016 Filing 879 MOTION for Leave by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder to File Surreply in Opposition to Defendants' Expedited Motion for Stay of Execution of Judgment. (Attachments: #1 Exhibit 1 - Plaintiffs' Surreply in Opposition to Defendants' Expedited Motion for a Stay of Execution of Judgment, #2 Proposed Order)(Lewis, Benjamin) Modified text to take out referral language on 5/10/2016 (ECO).
May 10, 2016 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #864 MOTION to Stay by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC of Execution of Judgment Pending Disposition (ECO)
May 9, 2016 Filing 878 SEALED REPLY TO RESPONSE TO MOTION by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC re #55 Protective Order, #864 MOTION to Stay by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC of Execution of Judgment Pending Disposition (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Proposed Order) (ECO) Filed pursuant to QC DE #877 Modified text on 5/10/2016 (ECO).
May 9, 2016 Filing 877 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC (Attachments: #1 Memorandum in Support Defendants' Reply Brief, #2 Exhibit 1, Shareholder List that was Plaintiffs' Deposition Exhibit 25, #3 Affidavit of John M. Griffin, #4 Affidavit of Anthony A. Griffin, #5 Affidavit of Martin Griffin, #6 Proposed Order) (Hankinson, Thomas)
May 6, 2016 Filing 876 RESPONSE in Opposition re #864 MOTION to Stay by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC of Execution of Judgment Pending Disposition of Post-Trial Motions filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Exhibit 1 - July 15, 2015 Deposition of Anthony Griffin, #2 Proposed Order)(Lewis, Benjamin)
May 5, 2016 Filing 875 MOTION for Protective Order by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order)(Trout, Eva)
May 4, 2016 Opinion or Order Filing 874 ORDER: Defendant's motion to expedite briefing schedule #872 is GRANTED. Plfs' Response to Defendants' motion to stay execution #864 is due 5/6/2016. Defs' Reply is due 5/9/2016. Signed by Judge William O. Bertelsman on 5/4/2016.(ECO)cc: COR w/copies mailed to Attys Benjamin Snyder, Gregory Garre, Heather Waller, and Melissa Sherry Modified text on 5/4/2016 (ECO).
May 4, 2016 Filing 873 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 5/4/2016 before Judge William O. Bertelsman: Parties present as noted. Separate Order to be issued. (Court Reporter LISA WIESMAN.) (ECO)cc: COR w/copies mailed to Attys Benjamin Snyder, Gregory Garre, Heather Waller, and Melissa Sherry. Modified to text on 5/4/2016 (ECO).
May 4, 2016 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #864 MOTION to Stay by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC of Execution of Judgment Pending Disposition, #872 MOTION to Expedite by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC (ECO)
May 4, 2016 Set Hearings: TELEPHONE CONFERENCE set for 5/4/2016 at 11:00 AM in COVINGTON before Judge William O. Bertelsman. (ECO)
May 3, 2016 Filing 872 MOTION to Expedite by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC . (Attachments: #1 Proposed Order)(Callow, Joseph) Modified on 5/4/2016 (ECO).
May 2, 2016 Opinion or Order Filing 871 ORDER: The Court GRANTS DE #869 and permits Hon. Heather A. Waller to serve as pro hac vice counsel for Defendants Dennis B. Griffin Revocable Trust-2012, Anthony Griffin, John M. Griffin, Martom Properties, LLC. Signed by Magistrate Judge Robert E. Wier on 5/2/2016. (ECO)cc: COR w/copy of Mandatory ECF General Order & ECF Registration Form to Atty Waller.
May 2, 2016 Opinion or Order Filing 870 ORDER: The Court GRANTS DE # #865 , #866 , and #867 , and permits Hon. Melissa Arbus Sherry, Hon. Benjamin W. Snyder, and Hon. Gregory G. Garre to serve as pro hac vice for counsel for Defendants Dennis B. Griffin Revocalbe Trust-2012, Anthony Griffin, John M. Griffin, Martom Properties, LLC. Signed by Magistrate Judge Robert E. Wier on 5/2/2016. (ECO)cc: COR w/copy of Mandatory ECF General Order & ECF Registration form to Attys Sherry, Snyder and Garre
May 2, 2016 Filing 869 MOTION for Heather A. Waller to Appear Pro Hac Vice by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC ( Filing fee $125; receipt number 0643-3472236)Motions referred to Robert E. Wier. (Attachments: #1 Affidavit of Heather A. Waller, #2 Exhibit 1. Certificate of Good Standing, #3 Proposed Order )(Vonderbrink, Sarah) Modified to take out duplicate text on 5/2/2016 (ECO).
May 2, 2016 Filing 868 NOTICE OF FILING by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC re #865 MOTION for Melissa Arbus Sherry to Appear Pro Hac Vice by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC Certificate of Good Standing (Attachments: #1 Exhibit A. Certificate of Good Standing)(Vonderbrink, Sarah)
May 2, 2016 ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #866 MOTION for Benjamin W. Snyder to Appear Pro Hac Vice by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC (, #865 MOTION for Melissa Arbus Sherry to Appear Pro Hac Vice by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC , #867 MOTION for Gregory G. Garre to Appear Pro Hac Vice by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC ( Fi (ECO)
May 2, 2016 BAR STATUS Check completed as to Melissa Arbus Sherry, Benjamin William Snyder, Gregory G. Garre re #867 MOTION for Gregory G. Garre to Appear Pro Hac Vice by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC ( Fi, #866 MOTION for Benjamin W. Snyder to Appear Pro Hac Vice by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC (, #865 MOTION for Melissa Arbus Sherry to Appear Pro Hac Vice by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC . (ECO)
May 2, 2016 NOTICE OF DOCKET MODIFICATION TO Sarah Vonderbrink re #865 , #866 , #867 MOTIONS to Appear Pro Hac Vice; Error: Attachments (Affidavits) were insufficiently described as "Exhibit Exhibit." Entry by attorney; Correction: the Clerk renamed the Exhbits. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A - Affidavit of John Doe (correct). No further action required by counsel. cc: COR (ECO)
May 2, 2016 ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #869 MOTION for Heather A. Waller to Appear Pro Hac Vice by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properti (ECO)
May 2, 2016 BAR STATUS Check completed as to Heather A. Waller re #869 MOTION for Heather A. Waller to Appear Pro Hac Vice by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properti. (ECO)
April 29, 2016 Filing 867 MOTION for Gregory G. Garre to Appear Pro Hac Vice by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC ( Filing fee $125; receipt number 0643-3471627)Motions referred to Robert E. Wier. (Attachments: #1 Affidavit of Gregory G. Garre, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Proposed Order)(Vonderbrink, Sarah) Modified text to correctly describe affidavit on 5/2/2016 (ECO).
April 29, 2016 Filing 866 MOTION for Benjamin W. Snyder to Appear Pro Hac Vice by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC ( Filing fee $125; receipt number 0643-3471604)Motions referred to Robert E. Wier. (Attachments: #1 Affidavit of Benjamin W. Snyder, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Proposed Order)(Vonderbrink, Sarah) Modified text to correctly described affidavit on 5/2/2016 (ECO).
April 29, 2016 Filing 865 MOTION for Melissa Arbus Sherry to Appear Pro Hac Vice by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC ( Filing fee $125; receipt number 0643-3471564)Motions referred to Robert E. Wier. (Attachments: #1 Affidavit of Melissa Arbus Sherry, #2 "INCORRECT Exhibit Certificate of Good Standing", #3 Proposed Order Proposed Order)(Vonderbrink, Sarah) (Additional attachment(s) added on 5/2/2016: #4 "CORRECT Certificate of Good Standing for Melissa Arbus Sherry") (ECO). Modified text to add "INCORRECT" on 5/2/2016 and to correctly describe affidavit (ECO).
April 29, 2016 Filing 864 MOTION to Stay by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC of Execution of Judgment Pending Disposition of Post-Trial. (Attachments: #1 Proposed Order)(Callow, Joseph) Modified text to take out referral language and duplicate proposed order text on 5/2/2016 (ECO).
April 26, 2016 Filing 863 JUDGMENT: Parties shall see Judgment for details. Signed by Judge William O. Bertelsman on 4/26/2016.(ECO)cc: COR
April 25, 2016 Filing 862 REPLY to Objections #861 , #860 Plfs' Proposed Judgment filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Exhibit A - Lange's Affidavit)(Trout, Eva) Modified text on 4/26/2016 (ECO).
April 18, 2016 Filing 861 OBJECTIONS to #860 Plaintiffs' Proposed Judgment filed by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC. (Callow, Joseph)
April 4, 2016 Filing 860 NOTICE OF FILING by Linda G. Holt re #856 Findings of Fact & Conclusions of Law, Order, Terminate Motions, Set Deadlines,,,,,,,,,,,,,,,,,,,,,,,, Plaintiffs' Proposed Judgment (Wicker, J.)
March 21, 2016 Filing 859 *AMENDED*Exhibit and Witness List re: Bench Trial Held 9/14/2015 to 9/23/2015. Amended to add/admit Defendants' Trial Exhibit 415 per the Court's Findings of Fact and Conclusions of Law, Order filed at DE #856 . (Maintained in Exhibit Vault in Clerk's Office-placed on second shelf, right-hand side). (ECO) Modified text on 3/22/2016 (ECO).
March 21, 2016 Filing 858 SURREPLY of Holt Plaintiffs in opposition to re #838 Defendants' MOTION to Enforce the September 10, 1993 Settlement Agreement by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Filed per Findings of Fact and Conclusions of Law, Order at DE #856 ). (ECO)
March 21, 2016 Filing 857 DEFENDANT'S TRIAL EXHIBIT 415 re: #810 and #830 Exhibit and Witness List for Bench Trial 9/14/15 to 9/23/2015 by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC. (Filed per Findings of Fact and Conclusions of Law, Order at DE #856 ). (ECO) Modified text to correct Exhibit and Witness List docket entry number on 3/21/2016 (ECO). Modified to correct Trial Exhibit number on 3/22/2016 (ECO).
March 21, 2016 Opinion or Order Filing 856 FINDINGS OF FACT AND CONCLUSIONS OF LAW, ORDER: 1) Defs' motion to reopen and supplement the trial record #836 is GRANTED. The Settlement Agreement dated 9/10/1993, attached to this motion at ( #836 -1 at 4-11, is ADMITTED AS DEFS' TRIAL EXHIBIT 415. The Clerk of Court is directed to file a separate copy of this document, designating it as Defs' Trial Exhibit 415, concurrently with the filing of these Findings of Fact and Conclusions of Law; 2) Defs' motion to enforce the 1993 settlement agreement #838 is DENIED; 3) The Holt Plfs' emergency motion for a hearing, for default judgment, for a protective order, and for referral for criminal prosecution #843 is GRANTED IN PART AND DENIED IN PART. This matter in question is already the subject of an investigation by the United States Attorney for the EDKY. See Doc. #846 . Should the outcome of that investigation not address Plfs' concerns, Plfs may renew their motion. The request for a default judgment is now moot given these findings and conclusions; 4) Betsy's motion to join in the Holt Plfs' emergency motion #845 is GRANTED; 5) Plfs' motion for leave to file surreply #854 is GRANTED; 6) Not later than 14 days of the date of entry of these findings and conclusions, Plfs shall tender to the Court a proposed judgment, consistent with these Findings of Fact and Conclusions of Law; 7) Defs may, w/in 14 days of the service of Plfs' proposed judgment(s), file objections to the form thereof, including the mathematical calculations; 8) Plfs may file any reply(ies) not later than 7 days thereafter. Signed by Judge William O. Bertelsman on 3/21/2016.(ECO)cc: COR
March 15, 2016 Filing 855 RESPONSE in Opposition re #854 MOTION for Leave by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder to file Surreply re #838 MOTION to Enforce the September 10, 1993 Settlement Agreement filed by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC. (Callow, Joseph)
March 11, 2016 Filing 854 MOTION for Leave by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder to file Surreply re #838 MOTION to Enforce the September 10, 1993 Settlement Agreement Motions referred to Robert E. Wier. (Attachments: #1 Exhibit A - Surreply, #2 Proposed Order)(Trout, Eva)
March 9, 2016 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #838 MOTION to Enforce the September 10, 1993 Settlement Agreement by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC (TJZ)
March 7, 2016 Filing 853 REPLY to Response to Motion re #838 MOTION to Enforce the September 10, 1993 Settlement Agreement by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC filed by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC. (Callow, Joseph)
February 22, 2016 Filing 852 DUPLICATE RESPONSE BRIEF to #842 , #838 Motion to Enforce filed by Linda G. Holt. (Attachments: #1 Proposed Order)(Wicker, J.) Modified text on 2/23/2016 (TJZ). Attorney advised same pleading filed twice. See #851 for entry.
February 22, 2016 Filing 851 RESPONSE in Opposition re #838 MOTION to Enforce the September 10, 1993 Settlement Agreement by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC filed by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Proposed Order)(Trout, Eva)
February 22, 2016 Filing 850 RESPONSE in Support re #836 MOTION to Reopen And Supplement The Trial Record by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC To Admit September 1993 Settlement Agreement Executed By The Holt Plaintiffs Filed Per The Court's January 7, 2016 Order filed by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC. (Attachments: #1 Exhibit 1, Executed Sept. 1993 Settlement Agreement from Parham File, #2 Exhibit 2, Executed Sept. 1993 Settlemen Agreement from Fuchs File, #3 Exhibit 3, 1990 Osborn Complaint, #4 Exhibit 4, Feb. 1993 Attempted Settlement, #5 Exhibit 5, Sept. 10, 1993 Hearing Transcript, #6 Exhibit 6, Check Stub From Janet Means, #7 Exhibit 7, Certificate of Compliance from Taliaferro, #8 Exhibit 8, Order Dismissing Derivative Action, #9 Exhibit 9, Osborn's 1992 Opposition to Summary Judgment, #10 Exhibit 10, Court's 1992 Opinion Denying Summary Judgment, #11 Exhibit 11, Deposition of Thomas Feher, #12 Exhibit 12, 1993 Transmittal Memo to Parham, #13 Exhibit 13, 1993 Fuchs Letter to Dennis Griffin, #14 Exhibit 14, November 2015 Email from Feher, #15 Exhibit 15, Janet Means' Copy of The Sept. 1993 Settlement Agreement, Without A Page 7)(Callow, Joseph)
February 9, 2016 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #843 EMERGENCY MOTION for Hearing by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder , #845 MOTION for Joinder #843 EMERGENCY MOTION for Hearing by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder by Elizabeth A. Osborn (TJZ)
February 8, 2016 Filing 849 REPLY to #843 , #845 in Support of Emergency Motion filed by Elizabeth A. Osborn. (Lewis, Benjamin)
February 8, 2016 Filing 848 REPLY to Response to Motion re #843 EMERGENCY MOTION for Hearing by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder filed by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Trout, Eva)
January 22, 2016 Filing 847 RESPONSE in Opposition re #843 EMERGENCY MOTION for Hearing by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder filed by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
January 21, 2016 Opinion or Order Filing 846 ORDER; 1) That a hearing on said motions ( #843 & #845 ) be, and it is, hereby deferred pending the outcome of said investigation; and 2) That Deadlines previously set shall remain in effect. Signed by Judge William O. Bertelsman on 1/21/2016.(ECO)cc: COR
January 21, 2016 Filing 845 MOTION for Joinder #843 EMERGENCY MOTION for Hearing by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder by Elizabeth A. Osborn (Lewis, Benjamin) Modified text on 1/22/2016 (TJZ).
January 20, 2016 Filing 844 CONVENTIONAL FILING received on behalf of Holt Plaintiffs. Ex 6-CD of video are filed per re #843 EMERGENCY MOTION for Hearing by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder . (MAINTAINED ON THE SHELF IN THE CLERK'S OFFICE) (TJZ)
January 19, 2016 Filing 843 EMERGENCY MOTION for Hearing by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Exhibit 1 - Affidavit of Linda Holt, #2 Exhibit 2 - Affidavit of Angela Wagner, #3 Exhibit 3 - Affidavit of Dan Murphy, #4 Exhibit 4 - Affidavit of Barry Weisbecker, #5 Exhibit 5 - Police Report, #6 Proposed Order)(Trout, Eva) Modified text on 1/22/2016 (TJZ).
January 7, 2016 Opinion or Order Filing 842 ORDER: 1) The parties shall have until 2/8/2016 to conduct discovery regarding this document #836 ; 2) The parties shall file concurrent briefs addressing the import of this document in light of the additional discovery on or before 2/22/2016; and 3) Plfs' response to Defs' motion to enforce settlement agreement #838 is EXTENDED TO 2/22/2016. Signed by Judge William O. Bertelsman on 1/7/2016.(ECO)cc: COR Modified bold text on 1/7/2016 (ECO).
December 28, 2015 ***MOTION SUBMITTED TO CHAMBERS of JUDGE BERTELSMAN for review: re #836 MOTION to Reopen And Supplement The Trial Record by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC To Admit September 1993 Settlement Agreement Executed By The Holt Plaintiffs (TED)
December 23, 2015 Filing 841 REPLY BRIEF to #836 In Support Of Motion To Reopen And Supplement The Record filed by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC. (Callow, Joseph)
December 17, 2015 Filing 840 RESPONSE in Opposition re #836 MOTION to Reopen And Supplement The Trial Record by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC To Admit September 1993 Settlement Agreement Executed By The Holt Plaintiffs filed by Elizabeth A. Osborn. (Lewis, Benjamin)
December 17, 2015 Filing 839 RESPONSE in Opposition re #836 MOTION to Reopen And Supplement The Trial Record by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC To Admit September 1993 Settlement Agreement Executed By The Holt Plaintiffs by Holt Plaintiffs filed by Linda G. Holt. (Attachments: #1 Proposed Order Proposed Order)(Trout, Eva)
December 17, 2015 Filing 838 MOTION to Enforce the September 10, 1993 Settlement Agreement by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC Motions referred to Robert E. Wier. (Attachments: #1 Exhibit A - September 10, 1993 Settlement Agreement, #2 Proposed Order Proposed Order)(Callow, Joseph)
December 8, 2015 Filing 837 TRIAL BRIEF Reply in Support of Plaintiffs' Proposed Findings of Fact and Conclusions of Law by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Exhibit A - Timeline, #2 Exhibit B - Disgorgement Table for 1985-86 Stock Claims)(Lewis, Benjamin)
November 23, 2015 Filing 836 MOTION to Reopen And Supplement The Trial Record by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC To Admit September 1993 Settlement Agreement Executed By The Holt Plaintiffs Motions referred to Robert E. Wier. (Attachments: #1 Exhibit A, Nov. 22, 2015 Email from Thompson Hine, With Attachments, #2 Proposed Order)(Callow, Joseph)
November 23, 2015 Filing 835 Proposed Findings of Fact by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC. (Callow, Joseph)
November 23, 2015 Filing 834 TRIAL BRIEF Post-Trial Brief by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, John M. Griffin, Martom Properties, LLC. (Callow, Joseph)
October 23, 2015 Filing 833 TRIAL BRIEF Post Trial Brief by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Wicker, J.)
October 23, 2015 Filing 832 Proposed Findings of Fact by Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Wicker, J.)
October 7, 2015 Opinion or Order Filing 831 ORDER: The Defs' Motion to Exclude Undisclosed Exhibits #791 is denied as moot. Signed by Judge William O. Bertelsman on 10/7/2015. (ECO)cc: COR
September 23, 2015 Filing 830 EXHIBIT AND WITNESS LIST for Bench Trial Held 9/14/2015 to 9/23/2015. (Maintained in in Exhibit Vault in Clerk's Office-placed on second shelf, right-hand side). (ECO)
September 23, 2015 Filing 829 MINUTE ENTRY ORDER FOR BENCH TRIAL completed on 9/23/2015 before Judge William O. Bertelsman: Parties present as noted. Introduction of Evidence for Defendants continued and concluded. Plaintiffs shall file their brief of proposed findings of fact and conclusions of law by OCTOBER 23, 2015. ALL PROPOSED FINDINGS OF FACT SHALL INCLUDE SPECIFIC RECORD CITATIONS. Defendants shall file their brief of proposed findings of fact and conclusions of law THIRTY (30) DAYS after the filing of Plaintiffs' brief. Plaintiffs shall file their reply FIFTEEN (15) DAYS thereafter. (Court Reporter JOAN AVERDICK.) (ECO)cc: COR
September 23, 2015 Filing 828 TRANSCRIPT of Proceedings: TRIAL PROCEEDINGS (Day 8) held on 9/23/2015 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: All parties. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 10/19/2015. Redacted Transcript Deadline set for 10/29/2015. Release of Transcript Restriction set for 12/28/2015.
September 22, 2015 Filing 827 TRANSCRIPT of Proceedings: TRIAL PROCEEDINGS (Day 7) held on 9/22/2015 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: All parties. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 10/16/2015. Redacted Transcript Deadline set for 10/26/2015. Release of Transcript Restriction set for 12/28/2015.
September 22, 2015 Filing 826 MINUTE ENTRY ORDER FOR BENCH TRIAL held on 9/22/2015 before Judge William O. Bertelsman: Parties present as noted. Introduction of Evidence for Defendants begun and NOT concluded. Case continued for Day 8 of BENCH TRIAL on Wednesday, 9/23/2015 at 09:30 AM. (Court Reporter JOAN AVERDICK.) (ECO)cc: COR
September 21, 2015 Filing 825 MINUTE ENTRY ORDER FOR BENCH TRIAL held on 9/21/2015 before Judge William O. Bertelsman: Parties present as noted. Introduction of Evidence for Defendants begun and NOT concluded. Defendant's Motion for Judgment on Partial Findings #819 is DENIED WITHOUT PREJUDICE pending conclusion of all the evidence. Case contined for Day 7 of BENCH TRIAL on Tuesday, 9/22/2015 at 09:30 AM. (Court Reporter JOAN AVERDICK.) (ECO)cc: COR
September 21, 2015 Filing 824 NOTICE OF FILING by Anthony A. Griffin, John M. Griffin, Martom Properties, LLC Regarding Ancient Records Exception (Vonderbrink, Sarah)
September 21, 2015 Filing 823 TRANSCRIPT of Proceedings: TRIAL PROCEEDINGS (Day 6) held on 9/21/2015 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: All parties. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 10/16/2015. Redacted Transcript Deadline set for 10/26/2015. Release of Transcript Restriction set for 12/28/2015.
September 21, 2015 Filing 822 RESPONSE in Opposition re #819 MOTION for Judgment on Partial Findings by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC by All Plaintiffs filed by Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Proposed Order Proposed Order)(Trout, Eva)
September 18, 2015 Filing 821 TRANSCRIPT of Proceedings: TRIAL PROCEEDINGS (Day 5) held on 9/18/2015 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: All parties. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 10/13/2015. Redacted Transcript Deadline set for 10/22/2015. Release of Transcript Restriction set for 12/21/2015.
September 18, 2015 Filing 820 MINUTE ENTRY ORDER FOR BENCH TRIAL held on 9/18/2015 before Judge William O. Bertelsman: Parties present as noted. Introduction of Evidence for Plaintiffs continued and concluded. Case continued for Day 6 of BENCH TRIAL on Monday, 9/21/2015 at 09:30 AM. (Court Reporter JOAN AVERDICK.) (ECO)cc: COR
September 18, 2015 Filing 819 MOTION for Judgment on Partial Findings by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC (Attachments: #1 Proposed Order Proposed Order)(Callow, Joseph)
September 18, 2015 Filing 818 NOTICE by Elizabeth A. Osborn of In Camera Submission of Privilege Log Items Referenced By Defendants During Their Cross-Examination of Elizabeth A. Osborn (Lewis, Benjamin)
September 17, 2015 Filing 817 MINUTE ENTRY ORDER FOR BENCH TRIAL held on 9/17/2015 before Judge William O. Bertelsman: Parties present as noted. Introduction of Evidence for Plaintiff continued but NOT concluded. Case continued for Day 5 of BENCH TRIAL on Friday 9/18/2015 at 09:30 AM. (Court Reporter JOAN AVERDICK.) (ECO)cc: COR
September 17, 2015 Filing 816 TRANSCRIPT of Proceedings: TRIAL PROCEEDINGS (Day 4) held on 9/17/2015 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: All parties. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 10/13/2015. Redacted Transcript Deadline set for 10/22/2015. Release of Transcript Restriction set for 12/21/2015.
September 16, 2015 Filing 815 MINUTE ENTRY ORDER FOR BENCH TRIAL held on 9/16/2015 before Judge William O. Bertelsman: Parties present as noted. Introduction of Evidence for Plaintiffs continued but NOT concluded. Case continued for Day 4 of BENCH TRIAL on Thursday, 9/17/2015 at 09:30 AM. (Court Reporter JOAN AVERDICK.) (ECO)cc: COR
September 16, 2015 Filing 814 TRANSCRIPT of Proceedings: TRIAL PROCEEDINGS (Day 3) held on 9/16/2015 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: All parties. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 10/13/2015. Redacted Transcript Deadline set for 10/22/2015. Release of Transcript Restriction set for 12/18/2015.
September 15, 2015 Filing 813 TRANSCRIPT of Proceedings: TRIAL PROCEEDINGS (Day 2) held on 9/15/2015 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: All parties. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 10/9/2015. Redacted Transcript Deadline set for 10/19/2015. Release of Transcript Restriction set for 12/17/2015.
September 15, 2015 Filing 812 MINUTE ENTRY ORDER FOR BENCH TRIAL held on 9/15/2015 before Judge William O. Bertelsman: Parties present as noted. Introduction of Evidence by Plaintiffs continued but NOT concluded. Case continued for Day 3 of BENCH TRIAL on Wednesday, 9/16/2015 at 09:30 AM. (Court Reporter JOAN AVERDICK.) (ECO)cc: COR
September 14, 2015 Opinion or Order Filing 811 AMENDED MINUTE ENTRY ORDER FOR BENCH TRIAL HELD ON 9/14/2015: Minute Entry Order #810 Amended to *correct the filed date stamped on Minute Entry. All other aspects of the Minute Entry remain the same. Signed by Judge William O. Bertelsman on 9/14/2015.(ECO)cc: COR
September 14, 2015 Filing 810 MINUTE ENTRY ORDER FOR BENCH TRIAL held on 9/14/2015 before Judge William O. Bertelsman: Parties present as noted. Separation of Witness Rule Invoked; Opening Statements by both Plantiffs and Defendants; Introduction of Evidence for Plaintiffs begun and NOT concluded; Case continued for Day 2 of BENCH TRIAL on Tuesday, 9/15/2015 at 01:00 PM. (Court Reporter JOAN AVERDICK.) (ECO)cc: COR Modified to correct file date on 9/15/2015 (ECO).
September 14, 2015 Filing 809 TRANSCRIPT of Proceedings: TRIAL PROCEEDINGS (Day 1) held on 9/14/2015 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: All parties. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 10/8/2015. Redacted Transcript Deadline set for 10/19/2015. Release of Transcript Restriction set for 12/17/2015.
September 11, 2015 Filing 808 NOTICE by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC re #753 Stipulation of Stipulated Exhibit Lists (Attachments: #1 Exhibit A - Joint Trial Exhibits, #2 Exhibit B - Plaintiffs' Admissible Exhibits, #3 Exhibit C - Defendants' Admissible Exhibits)(Callow, Joseph)
September 11, 2015 Opinion or Order Filing 807 ORDER: "Plaintiffs' Joint Motion to Quash Subpoena Served on Sheldon Gilman and Motion in Limine to Preclude Defendants from Calling Sheldon Gilman to Testify at Trial" #793 is GRANTED. Signed by Judge William O. Bertelsman on 9/11/2015. (ECO)cc: COR
September 11, 2015 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #791 MOTION to Exclude by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC Undisclosed Exhibits (TJZ)
September 10, 2015 Filing 806 REPLY to Response to Motion re #791 MOTION to Exclude by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC Undisclosed Exhibits filed by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
September 10, 2015 Opinion or Order Filing 804 ORDER: Finding no need for argument, given the case schedule and status, the Court CANCELS today's call #788 and DENIES any additional discovery as to Gilman. Signed by Magistrate Judge Robert E. Wier on 9/10/2015.(ECO)cc: COR
September 9, 2015 Filing 803 RESPONSE in Opposition re #791 MOTION to Exclude by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC Undisclosed Exhibits filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Proposed Order)(Lewis, Benjamin)
September 9, 2015 Opinion or Order Filing 802 ORDER: 1) This motion #794 is GRANTED. Defs shall produce to Plfs' counsel the document in question w/in one (1) business day of entry of this Order. If Plfs lose said document, a copy thereof will be deemed valid. Signed by Judge William O. Bertelsman on 9/9/2015. (ECO)cc: COR Modified bold text on 9/9/2015 (ECO).
September 8, 2015 Filing 801 Exhibit List Amended Exhibit List of Defendants by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC.. (Callow, Joseph)
September 8, 2015 Filing 800 REPLY BRIEF to #793 Joint Motion to Quash Gilman Suboena & Preclude Trial Testimony filed by Linda G. Holt. (Trout, Eva)
September 8, 2015 Filing 799 REPLY BRIEF to #794 Emergency Motion to Produce Solimine Letter by All Plaintiffs filed by Linda G. Holt. (Trout, Eva)
September 8, 2015 Filing 798 RESPONSE in Opposition re #793 JOINT MOTION to Quash by Linda G. Holt Gilman Subpoena and in Limine to Preclude Gilman Trial Testimony filed by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
September 8, 2015 Opinion or Order Filing 797 ORDER: 1) The Defs' Motion to give Res Judicata Effect to John L. and Rosellen Griffin's Campbell County Probate Proceedings #762 is hereby DENIED. Signed by Judge William O. Bertelsman on 9/8/2015. (ECO)cc: COR
September 8, 2015 Filing 796 RESPONSE in Opposition re #794 EMERGENCY MOTION for Order by Linda G. Holt and All Plaintiffs to Produce Solimine Letter filed by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Attachments: #1 Exhibit A - Aug. 14, 2015 Email from Callow to Plts' Counsel producing original letter for inspection, #2 Exhibit B - Aug. 19, 2015 email from Trout, #3 Exhibit C - Sept. 1, 2015 email from Jakubowicz requesting production of original document at trial, #4 Exhibit D - Sept. 3, 2015 email from Wicker requesting testing, #5 Exhibit E - Sept. 3, 2015 email from Callow, #6 Exhibit F - Sept. 3, 2015 email from Wicker giving new address, #7 Exhibit G - Subsequent emails regarding protocol, #8 Exhibit H - Sept. 4, 2015 email exchange between Hankinson and Lewis, #9 Exhibit I - Solimine Facts)(Hankinson, Thomas)
September 8, 2015 Filing 795 "DUPLICATE" EMERGENCY MOTION for Order by Judith E. Prewitt, Cynthia L. Roeder to Enforce Defendants' Compliance with Court Order for Forensic Testing of Purported Attorney Letter Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order, #2 Exhibit A -- Solimine Letter)(Wicker, J.) Modified text to add duplicate motion on 9/8/2015 (ECO).
September 8, 2015 Filing 794 EMERGENCY MOTION for Order by Linda G. Holt and All Plaintiffs to Produce Solimine Letter Motions referred to Robert E. Wier. (Attachments: #1 Exhibit Exhibit A - Solimine Letter, #2 Proposed Order Proposed Order)(Trout, Eva)
September 8, 2015 Clerk's Note: Telephone call from attorney Christine Trout advising the Court that DE #795 EMERGENCY MOTION for Order is a duplicate motion filed by Attorney Wicker to DE #794 EMERGENCY MOTION for Order. Clerk advised Attorney that motion #795 will be termed and "Duplicate" added to the text. (ECO) Modified typo 9/8/2015 (ECO).
September 7, 2015 Filing 793 JOINT MOTION to Quash by Linda G. Holt Gilman Subpoena and in Limine to Preclude Gilman Trial Testimony (Attachments: #1 Memorandum in Support Memorandum in Support of Motion, #2 Exhibit A - Gilman Subpoena, #3 Proposed Order Proposed Order)(Trout, Eva)
September 4, 2015 Filing 792 Proposed Findings of Fact by Anthony A. Griffin, John M. Griffin, Martom Properties, LLC. (Callow, Joseph)
September 3, 2015 Filing 791 MOTION to Exclude by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC Undisclosed Exhibits Motions referred to Robert E. Wier. (Attachments: #1 Exhibit A - 2015-03-31 email from Tom Hankinson to Plaintiffs' Counsel, #2 Proposed Order Proposed Order)(Hankinson, Thomas)
September 3, 2015 Opinion or Order Filing 790 ORDER: 1) Def Martom's motion to dismiss #771 is DENIED; and 2) The Holt Plfs' motion to amend complaint #772 and Plf Betsy Osborn's motion to add Martom as a Def to her third amended complaint #773 are GRANTED. Signed by Judge William O. Bertelsman on 9/3/2015. (ECO)cc: COR Modified bold text on 9/3/2015 (ECO).
September 2, 2015 Filing 789 Exhibit List - Second Amended by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder.. (Attachments: #1 Exhibit Amended List of Exhibits)(Jakubowicz, Janet)
September 2, 2015 Opinion or Order Filing 788 ORDER: 1) By 9/8/2015 at 12:00 p.m., the parties SHALL submit brief letters outlining their positions on the discovery disputes. These letters should be provided to Chambers by email. Counsel shall copy opposing counsel. Counsel shall additionally submit any relevant portions of filings or other documents directly concerning the dispute. The Court particularly needs to see the relevant emails and the objected-to questions; 2) The Court SCHEDULES a TELEPHONIC CONFERENCE, for counsel only, on 9/10/2015 at 01:30 PM. Prior to the conf, the Court will send an email message to all counsel of record with the telephone number, access code, and security code to utilize, and counsel must call into the conf and be ready to proceed on the date and at the time designated; 3) In advance of the call, parties shall confer in an effort to reach an agreed resolution. They shall advise the Court if the call is not needed; 4) The Court will utilize the electronic sound (digital audio) recording system as the record for this call. (Parties shall see Order for details). Signed by Magistrate Judge Robert E. Wier on 9/2/2015.(ECO)cc: COR
September 1, 2015 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #773 MOTION for Leave by Elizabeth A. Osborn to Name Martom Properties, LLC as a Defendant To Her Third Amended Complaint, #772 MOTION to Amend/Correct by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder Complaint (TJZ)
August 31, 2015 Filing 787 REPLY to #773 IN SUPPORT OF MOTION TO NAME MARTOM PROPERTIES, LLC AS A DEFENDANT TO THIRD AMENDED COMPLAINT filed by Elizabeth A. Osborn. (Lewis, Benjamin)
August 31, 2015 Filing 786 REPLY BRIEF to #772 Motion to Amend by Holt Plaintiffs filed by Linda G. Holt. (Attachments: #1 Exhibit Exhibit A)(Trout, Eva)
August 26, 2015 Filing 785 Exhibit List Plaintiffs' First Amended by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder.. (Lewis, Benjamin)
August 26, 2015 ***MOTION SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: re #771 MOTION to Dismiss by Martom Properties, LLC, Martom Properties, LLC (LST)
August 25, 2015 Filing 784 REPLY to Response to Motion re #771 MOTION to Dismiss by Martom Properties, LLC, Martom Properties, LLC filed by Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
August 25, 2015 Filing 783 TRANSCRIPT of Proceedings: DAUBERT HEARING held on 8/17/2015 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: All Parties. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/18/2015. Redacted Transcript Deadline set for 9/28/2015. Release of Transcript Restriction set for 11/30/2015.
August 24, 2015 Filing 782 NOTICE by Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder re #776 Order, Set Deadlines,, of Daubert Hearing Exhibits (Wicker, J.)
August 24, 2015 Filing 781 RESPONSE in Opposition re #773 MOTION for Leave by Elizabeth A. Osborn to Name Martom Properties, LLC as a Defendant To Her Third Amended Complaint, #772 MOTION to Amend/Correct by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder Complaint Consolidated Opposition to Plaintiffs' Motions to Amend/Re-Construe Their Complaints filed by Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
August 24, 2015 Filing 780 NOTICE by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC re #776 Order, Set Deadlines,, of Daubert Hearing Exhibits (Callow, Joseph)
August 24, 2015 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #762 SEALED MOTION re #55 Protective Order, Terminate Motions by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (TJZ)
August 21, 2015 Filing 779 RESPONSE in Opposition re #771 MOTION to Dismiss by Martom Properties, LLC, Martom Properties, LLC by all Plaintiffs filed by Elizabeth A. Osborn, Judith E. Prewitt. (Attachments: #1 Proposed Order Proposed Order)(Trout, Eva)
August 21, 2015 Filing 778 REPLY BRIEF to #762 Motion To Give Res Judicata Effect to Prior Probate Proceedings filed by Dennis B. Griffin Revocable Trust - 2012, Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC. (Callow, Joseph)
August 20, 2015 Filing 777 TRANSCRIPT of Proceedings: MOTION HEARING held on 8/6/2015 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: All Parties. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/14/2015. Redacted Transcript Deadline set for 9/24/2015. Release of Transcript Restriction set for 11/23/2015.
August 20, 2015 Opinion or Order Filing 776 ORDER: 1) W/in 5 days of entry of this Order, Plfs and Defs, respectively, shall file a list reflecting the exhibits whose admission into evidence was desired during the above hearing, and such list shall include the docket number ("Doc. #") of the document's location in the current record. Signed by Judge William O. Bertelsman on 8/20/2015.(ECO)cc: COR
August 19, 2015 Filing 775 TRANSCRIPT of Proceedings: FINAL PRETRIAL CONFERENCE held on 8/10/2015 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: All Parties. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/14/2015. Redacted Transcript Deadline set for 9/24/2015. Release of Transcript Restriction set for 11/20/2015.
August 17, 2015 Filing 805 Exhibit and Witness List for Daulbert Hearing held on 8/17/2015. (Maintained in Exhibit Vault in Clerk's Office-placed on second shelf-right-hand side).(ECO) Modified text on 9/10/2015 (ECO).
August 17, 2015 Opinion or Order Filing 774 MINUTE ENTRY ORDER FOR DAUBERT HEARING held on 8/17/2015 before Judge William O. Bertelsman: Parties present as noted. IT IS ORDERED that Defs' Motion to Exclude Testimony #669 of John E. Chilton is DENIED. (Court Reporter JOAN AVERDICK.) Signed by Judge William O. Bertelsman on 8/17/2015. (ECO)cc: COR
August 17, 2015 Filing 773 MOTION for Leave by Elizabeth A. Osborn to Name Martom Properties, LLC as a Defendant To Her Third Amended Complaint Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order)(Lewis, Benjamin)
August 17, 2015 Filing 772 MOTION to Amend/Correct by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder Complaint Motions referred to Robert E. Wier. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Trout, Eva)
August 17, 2015 Filing 771 MOTION to Dismiss by Martom Properties, LLC, Martom Properties, LLC (Attachments: #1 Proposed Order Proposed Order)(Callow, Joseph)
August 17, 2015 Set/Reset Hearings: BENCH TRIAL set for 9/14/2015 at 10:00 AM in COVINGTON before Judge William O. Bertelsman. (TJZ)
August 14, 2015 Filing 770 SEALED RESPONSE by All Plaintiffs to #762 Defendants' Motion, filed pursuant to #769 . (Attachments: #1 Proposed Order) (TJZ) Modified text on 8/18/2015 (TJZ).
August 14, 2015 Filing 769 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions, #762 SEALED MOTION re #55 Protective Order, Terminate Motions by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Proposed Order) (Trout, Eva)
August 11, 2015 Opinion or Order Filing 768 MINUTE ENTRY ORDER FOR FINAL PRETRIAL CONFERENCE held on 8/10/2015 before Judge William O. Bertelsman: Parties present as noted. IT IS ORDERED that: (Parties shall see Items 1 - 6 for details); 7) Daubert Hearing as to Plfs' expert witness, John Chilton, is set for 8/17/2015 at 01:00 PM in COVINGTON before Judge William O. Bertelsman; 8) All other rulings of the Court remain in effect. (Court Reporter JOAN AVERDICK.) Signed by Judge William O. Bertelsman on 8/11/2015. (ECO)cc: COR
August 10, 2015 Filing 767 Witness List by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
August 10, 2015 Filing 766 NOTICE OF FILING by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC re #763 Sealed Document, 1995 Appraisals (Callow, Joseph)
August 10, 2015 Filing 765 RESPONSE in Opposition re #756 THIRD MOTION in Limine by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder Plaintiffs' Third Joint Motion in Limine to Exclude Use of Untimely Produced Documents by the Estate of Dennis B. Griffin filed by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
August 7, 2015 Filing 764 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC (Attachments: #1 Exhibit Vol. I - 1 of 2, #2 Exhibit Vol. I - 2 of 2, #3 Exhibit Vol. II - 1 of 2, #4 Exhibit Vol. II - 2 of 2, #5 Exhibit Vol. III - 1 of 3, #6 Exhibit Vol. III - 2 of 3, #7 Exhibit Vol. III - 3 of 3) (Callow, Joseph)
August 7, 2015 Filing 763 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (Callow, Joseph)
August 7, 2015 Filing 762 SEALED MOTION re #55 Protective Order, Terminate Motions by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Proposed Order Proposed Order) (Callow, Joseph)
August 7, 2015 Opinion or Order Filing 761 MINUTE ENTRY ORDER FOR ORAL ARGUMENT HEARING held on 8/6/2015 before Judge William O. Bertelsman: Parties present as noted. IT IS ORDERED that: (Parties shall see Items 1-24 for details). (Court Reporter JOAN AVERDICK.) Signed by Judge William O. Bertelsman on 8/7/2015. (ECO)cc: COR
August 6, 2015 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #739 NINTH MOTION in Limine by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC to Preclude Opinion Testimony from Diane Medley (TJZ)
August 5, 2015 Filing 760 REPLY to Response to Motion re #739 NINTH MOTION in Limine by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC to Preclude Opinion Testimony from Diane Medley filed by Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
August 4, 2015 Opinion or Order Filing 759 ORDER: 1) Plfs' common-law claims for fraud, negligence, intentional interference with inheritance, aiding and abetting, and civil conspiracy are dismissed with prejudice; 2) All further proceedings in this action will be before the Court, sitting w/o a jury; 3) The Court will not permit expert witensses to testify as to the law of this or any other State; 4) The Court holds that the law of Ohio is the same as Kentucky with regard to the matter of self-dealing by a trustee or other fiduciary -- and with regard to fiduciary duties in general -- unless a party can demonstrate any relevant differences; and 5) The schedule for the trial of this matter previously established by the Court, including the time limits, will remain in effect. Signed by Judge William O. Bertelsman on 8/4/2015.(ECO)cc: COR
August 3, 2015 Opinion or Order Filing 758 ORDER: 1) Plfs' emergency motion to quash the subpoena served on John E. Chilton for appearance at the 8/6/2015 hearing #755 is GRANTED. Signed by Judge William O. Bertelsman on 8/3/2015.(ECO)cc: COR
August 1, 2015 Filing 757 RESPONSE in Opposition re #739 NINTH MOTION in Limine by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC to Preclude Opinion Testimony from Diane Medley by all Plaintiffs filed by Elizabeth A. Osborn, Judith E. Prewitt. (Attachments: #1 Proposed Order Proposed Order)(Trout, Eva)
July 31, 2015 Filing 756 THIRD MOTION in Limine by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder Plaintiffs' Third Joint Motion in Limine to Exclude Use of Untimely Produced Documents by the Estate of Dennis B. Griffin Motions referred to Robert E. Wier. (Attachments: #1 Memorandum in Support of Plaintiffs' Third Joint Motion in Limine to Preclude Defendants' Use of Untimely Produced Documents by the Estate of Dennis B. Griffin, #2 Exhibit 1 - June 9, 2015 Enclosure Letter from Joe Callow, #3 Exhibit 2 - July 15, 2015 Deposition of Anthony Griffin, #4 Exhibit 3 - Late Produced Purported Letters, #5 Exhibit 4 - July 22, 2015 Declaration of Timothy R. Neubauer, #6 Exhibit 5 - Privilege Log from the Estate of Dennis B. Griffin, #7 Exhibit 6 - Responses of Dennis B. Griffin to Betsy's Discovery Requests, #8 Exhibit 7 - January 31, 2012 Subpoena to Thompson Hine, #9 Exhibit 8 - Dennis Griffin's Responses to Cynthia Roeder's Interrogatories and Requests for Production, #10 Proposed Order)(Lewis, Benjamin)
July 31, 2015 Filing 755 EMERGENCY MOTION to Quash by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder Subpoena Served on John E. Chilton for Appearance at the August 6, 2015 Hearing (Attachments: #1 Memorandum in Support of Plaintiffs' Emergency Motion to Quash Subpoena, #2 Exhibit 1 - July 30, 2015 Subpoena to John E. Chilton, #3 Exhibit 2 - KY CLE Announcement for August 6, 2015 Presentation by John E. Chilton, #4 Proposed Order)(Lewis, Benjamin)
July 27, 2015 Filing 754 PRETRIAL MEMORANDUM by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Exhibit A - Plaintiffs' Original Proposed Stipulations of Fact)(Lewis, Benjamin)
July 27, 2015 Filing 753 STIPULATION Regarding Trial Exhibits - Jointly Filed by Linda G. Holt, Martom Properties, LLC, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Trout, Eva)
July 27, 2015 Filing 752 OBJECTIONS to Defendants' Designations of Deposition Testimony filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Lewis, Benjamin)
July 27, 2015 Filing 751 OBJECTIONS to Defendants' Witness List filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Lewis, Benjamin)
July 27, 2015 Filing 750 OBJECTIONS to Defendants' Exhibit List filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Lewis, Benjamin)
July 27, 2015 Filing 749 PRETRIAL MEMORANDUM by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Attachments: #1 Exhibit Exhibit A - Defendants' Proposed Draft Jury Instructions & Verdict Form)(Callow, Joseph)
July 27, 2015 Filing 748 STIPULATION Joint Stipulations by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
July 27, 2015 Filing 747 OBJECTIONS to #736 Plaintiffs' Exhibit List filed by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Attachments: #1 Exhibit Exhibit A - Objections to Plaintiffs' Exhibit List)(Callow, Joseph)
July 27, 2015 Filing 746 OBJECTIONS to #738 Plaintiffs' Submission of Deposition Excerpts to be Introduced at Trial filed by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
July 27, 2015 Filing 745 Proposed Jury Instructions by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Lewis, Benjamin)
July 27, 2015 Filing 744 Proposed Findings of Fact by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Lewis, Benjamin)
July 21, 2015 Filing 743 TRANSCRIPT of Proceedings: TELEPHONIC STATUS CONFERENCE held on 4/13/2015 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: Joseph Callow, Esq.. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 8/14/2015. Redacted Transcript Deadline set for 8/24/2015. Release of Transcript Restriction set for 10/22/2015.
July 20, 2015 Filing 742 MOTION to Substitute Party by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC Dennis Griffin Revocable Trust - 2012 for Defendant Dennis B. Griffin Motions referred to Robert E. Wier. (Attachments: #1 Exhibit A - Trust Agreement, #2 Proposed Order Proposed Order)(Callow, Joseph)
July 20, 2015 Filing 741 REPLY to Response to Motion re #708 EIGHTH MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC to Exclude Any Opinions From Sheldon Gilman Regarding Ohio-Law Trusts filed by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
July 20, 2015 Filing 740 REPLY to Response to Motion re #707 SEVENTH MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC to Exclude the 2013 Deposition Testimony of Dennis B. Griffin filed by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
July 14, 2015 Filing 739 NINTH MOTION in Limine by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC to Preclude Opinion Testimony from Diane Medley Motions referred to Robert E. Wier. (Attachments: #1 Exhibit A - Counsel Email Chain)(Callow, Joseph)
July 14, 2015 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #699 MOTION for Hearing re #669 MOTION to Exclude by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Exclude Testimony of John E. Chilton by John M. Griffin, Martom Properties, LLC (TJZ)
July 13, 2015 Filing 738 NOTICE by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder Deposition Designations (Lewis, Benjamin)
July 13, 2015 Filing 737 Witness List by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Lewis, Benjamin)
July 13, 2015 Filing 736 Exhibit List by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder.. (Attachments: #1 Exhibit Exhibit List)(Wicker, J.)
July 13, 2015 Filing 735 Exhibit List by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC.. (Callow, Joseph)
July 13, 2015 Filing 734 Witness List by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
July 13, 2015 Filing 733 NOTICE by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC Deposition Designations (Callow, Joseph)
July 13, 2015 Filing 732 REPLY to Response to Motion re #699 MOTION for Hearing re #669 MOTION to Exclude by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Exclude Testimony of John E. Chilton by John M. Griffin, Martom Properties, LLC filed by Anthony A. Griffin, Anthony A. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
July 2, 2015 Filing 731 RESPONSE in Opposition re #708 EIGHTH MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC to Exclude Any Opinions From Sheldon Gilman Regarding Ohio-Law Trusts filed by Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Proposed Order Proposed Order)(Trout, Eva)
July 2, 2015 Filing 730 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Exhibit B - Dec. 18, 2009 Shareholder Meeting Minutes, #2 Exhibit C - April 22, 2010 Board Minutes, #3 Exhibit D - October 27, 2009 Board Minutes, #4 Exhibit I - 2010 Schedule K-1's for Griffin and related trusts, #5 Exhibit J - Darling Stock Issuance, #6 Exhibit K - Tony Griffin Depo pages, #7 Exhibit L - Jackson Property Special Warranty Deed, #8 Exhibit M - 2010 Lease Renewals) (Lewis, Benjamin)
July 2, 2015 Filing 729 RESPONSE in Opposition re #707 SEVENTH MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC to Exclude the 2013 Deposition Testimony of Dennis B. Griffin filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Exhibit A - September 14, 2012 E-mail from Joe Callow, #2 Exhibit B - December 18, 2009 Shareholder Meeting Minutes SEALED, #3 Exhibit C - April 22, 2010 Board Minutes SEALED, #4 Exhibit D - October 27, 2009 Board Minutes SEALED, #5 Exhibit E - April 21, 2010 Enquirer Article re Dennis Griffin, #6 Exhibit F - Dennis Griffin SOS filings, #7 Exhibit G - Dennis Griffin Interrogatory Answers, #8 Exhibit H - Scott Property Deed, #9 Exhibit I - 2010 K-1's for Griffin and related trusts SEALED, #10 Exhibit J - Darling Stock Issuance SEALED, #11 Exhibit K - Tony Griffin Deposition SEALED, #12 Exhibit L - Jackson Property Special Warranty Deed SEALED, #13 Exhibit M - 2010 Lease Renewals SEALED, #14 Proposed Order)(Lewis, Benjamin)
June 26, 2015 Filing 728 RESPONSE in Opposition re #699 MOTION for Hearing re #669 MOTION to Exclude by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Exclude Testimony of John E. Chilton by John M. Griffin, Martom Properties, LLC to Defendants' Motion for a Daubert Hearing filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Proposed Order)(Lewis, Benjamin)
June 26, 2015 Filing 727 RESPONSE in Opposition re #700 MOTION for Hearing re #633 SECOND MOTION in Limine by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder by John M. Griffin, Martom Properties, LLC of All Plaintiffs filed by Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Proposed Order Proposed Order)(Trout, Eva)
June 15, 2015 Filing 726 TRANSCRIPT of Proceedings: STATUS CONFERENCE held on 6/3/2015 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: J. Kent Wicker, Esq.. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 7/9/2015. Redacted Transcript Deadline set for 7/20/2015. Release of Transcript Restriction set for 9/17/2015.
June 15, 2015 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #671 SECOND MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Preclude Non-Disclosed Opinions, #673 FOURTH MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Exclude Argument That Dennis Griffin and John Griffin Were Trustes of Rosellen Griffin's Trust, #674 FIFTH MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Preclude Evidence or Argument Re Cold Spring Property, #669 MOTION to Exclude by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Exclude Testimony of John E. Chilton, #672 THIRD MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC To Preclude Argument That Assets Were "Transferred" Without Compensation, #670 FIRST MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Exclude Certain Opinions From Ronald Neyhart (TJZ)
June 12, 2015 Filing 725 REPLY to Response to Motion re #674 FIFTH MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Preclude Evidence or Argument Re Cold Spring Property filed by Anthony A. Griffin, John M. Griffin, Martom Properties, LLC. (Callow, Joseph)
June 12, 2015 Filing 724 REPLY to Response to Motion re #673 FOURTH MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Exclude Argument That Dennis Griffin and John Griffin Were Trustes of Rosellen Griffin's Trust filed by Anthony A. Griffin, John M. Griffin, Martom Properties, LLC. (Callow, Joseph)
June 12, 2015 Filing 723 REPLY to Response to Motion re #672 THIRD MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC To Preclude Argument That Assets Were "Transferred" Without Compensation filed by Anthony A. Griffin, John M. Griffin, Martom Properties, LLC. (Callow, Joseph)
June 12, 2015 Filing 722 REPLY to Response to Motion re #671 SECOND MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Preclude Non-Disclosed Opinions filed by Anthony A. Griffin, John M. Griffin, Martom Properties, LLC. (Callow, Joseph)
June 12, 2015 Filing 721 REPLY to Response to Motion re #670 FIRST MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Exclude Certain Opinions From Ronald Neyhart filed by Anthony A. Griffin, John M. Griffin, Martom Properties, LLC. (Callow, Joseph)
June 12, 2015 Filing 720 REPLY to Response to Motion re #669 MOTION to Exclude by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Exclude Testimony of John E. Chilton filed by Anthony A. Griffin, John M. Griffin, Martom Properties, LLC. (Callow, Joseph)
June 9, 2015 Filing 719 NOTICE of Appearance by Sarah A. Vonderbrink on behalf of John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC (Vonderbrink, Sarah)
June 8, 2015 Filing 718 RESPONSE in Opposition re #674 FIFTH MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Preclude Evidence or Argument Re Cold Spring Property filed by Elizabeth A. Osborn. (Lewis, Benjamin)
June 8, 2015 Filing 717 RESPONSE in Opposition re #669 MOTION to Exclude by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Exclude Testimony of John E. Chilton filed by Elizabeth A. Osborn. (Lewis, Benjamin)
June 8, 2015 Filing 716 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Exhibit 2 - Form 1120S from Griffin Industries 1987 Tax Return) (Trout, Eva)
June 8, 2015 Filing 715 RESPONSE in Opposition re #669 MOTION to Exclude by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Exclude Testimony of John E. Chilton filed by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Exhibit 1 - Griffin Stock Report by John E. Chilton, #2 Exhibit 2 - Form 1120S from Griffin Industries 1987 Tax Return, #3 Proposed Order)(Trout, Eva)
June 8, 2015 Filing 714 RESPONSE in Opposition re #674 FIFTH MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Preclude Evidence or Argument Re Cold Spring Property filed by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Proposed Order)(Trout, Eva)
June 8, 2015 Filing 713 RESPONSE to Motion re #673 FOURTH MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Exclude Argument That Dennis Griffin and John Griffin Were Trustes of Rosellen Griffin's Trust filed by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Trout, Eva)
June 8, 2015 Filing 712 RESPONSE in Opposition re #672 THIRD MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC To Preclude Argument That Assets Were "Transferred" Without Compensation filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Proposed Order)(Trout, Eva)
June 8, 2015 Filing 711 RESPONSE in Opposition re #671 SECOND MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Preclude Non-Disclosed Opinions filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Proposed Order)(Trout, Eva)
June 8, 2015 Filing 710 RESPONSE in Opposition re #670 FIRST MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Exclude Certain Opinions From Ronald Neyhart filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Proposed Order)(Trout, Eva)
June 8, 2015 Opinion or Order Filing 709 ORDER: 1) Def's motion to substitute the Estate of Dennis Griffin for Dennis Griffin #686 is GRANTED, and the Estate of Dennis Griffin shall be substituted for Dennis Griffin as a Def in these case; 2) Oral Argument Hearing on all pending motions in limine set for 8/6/2015 at 09:30 AM in Courtroom 5; 3) In their final pretrial memoranda, the parties shall address the following issues: (See Order). Signed by Judge William O. Bertelsman on 6/8/2015.(ECO)cc: COR
June 8, 2015 Filing 708 EIGHTH MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC to Exclude Any Opinions From Sheldon Gilman Regarding Ohio-Law Trusts Motions referred to Robert E. Wier. (Attachments: #1 Exhibit Exhibit 1 - Deposition of Sheldon Gilman, #2 Proposed Order Proposed Order)(Callow, Joseph)
June 8, 2015 Filing 707 SEVENTH MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC to Exclude the 2013 Deposition Testimony of Dennis B. Griffin Motions referred to Robert E. Wier. (Attachments: #1 Exhibit Exhibit A - Declaration of Joseph Broderick, MD, #2 Proposed Order Proposed Order)(Callow, Joseph)
June 8, 2015 Party Anthony A. Griffin added. (ECO)
June 8, 2015 Party Anthony A. Griffin added. Party Dennis B. Griffin (Trustee of the ) terminated. (ECO)
June 8, 2015 Party Anthony A. Griffin added. Party Dennis B. Griffin (Individually) terminated. (ECO)
June 8, 2015 Party Anthony A. Griffin added. Party Dennis B. Griffin terminated. (ECO)
June 8, 2015 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #650 SEVENTH MOTION in Limine by Linda G. Holt , #651 MOTION for Order by Linda G. Holt for Separate Judgment on Equitable Claims and Defenses, #649 JOINT MOTION in Limine by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder To Exclude Evidence and Argument Concerning Income Taxes on Misappropriated Asset Proceeds, #653 JOINT MOTION in Limine by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder to Exclude Testimony from Turney Berry and William Graf (TJZ)
June 5, 2015 Filing 706 REPLY to #651 IN SUPPORT OF MOTION FOR SEPARATE JUDGMENTS, filed by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Trout, Eva) Modified text on 6/8/2015 (TJZ).
June 5, 2015 Filing 705 REPLY to #650 MOTION in Limine to Exclude Any Evidence Regarding Inadequate Representation by Elizabeth Osborne by Linda G. Holt filed by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Trout, Eva) Modified text on 6/8/2015 (TJZ).
June 5, 2015 Filing 704 REPLY to #653 SECOND MOTION IN LIMINE TO EXCLUDE TESTIMONY FROM TURNEY BERRY AND WILLIAM GRAF filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Lewis, Benjamin) Modified text on 6/8/2015 (TJZ).
June 5, 2015 Filing 703 REPLY IN SUPPORT OF #649 MOTION IN LIMINE TO EXCLUDE EVIDENCE AND ARGUMENT CONCERNING INCOME TAXES ON MISAPPROPRIATED ASSET PROCEEDS filed by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Lewis, Benjamin) Modified text on 6/8/2015 (TJZ).
June 3, 2015 Filing 702 MINUTE ENTRY ORDER FOR MOTION HEARING/STATUS CONFERENCE held on 6/3/2015 before Judge William O. Bertelsman: Parties present as noted. Separate Order to be issued. (Court Reporter JOAN AVERDICK.) (ECO)cc: COR
June 2, 2015 Filing 701 RESPONSE to Motion re #686 MOTION to Substitute Party by John M. Griffin, Martom Properties, LLC Motion to Substitute the Estate of Dennis B. Griffin in the Place of Dennis B. Griffin filed by Judith E. Prewitt, Cynthia L. Roeder, Thompson Hine, LLP. (Attachments: #1 Exhibit A -- Dennis Griffin probate Documents, #2 Proposed Order)(Wicker, J.)
June 2, 2015 Filing 700 MOTION for Hearing re #633 SECOND MOTION in Limine by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder by John M. Griffin, Martom Properties, LLC Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order)(Hankinson, Thomas)
June 2, 2015 Filing 699 MOTION for Hearing re #669 MOTION to Exclude by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Exclude Testimony of John E. Chilton by John M. Griffin, Martom Properties, LLC Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order)(Hankinson, Thomas)
June 1, 2015 Filing 698 RESPONSE in Opposition re #653 JOINT MOTION in Limine by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder to Exclude Testimony from Turney Berry and William Graf filed by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
June 1, 2015 Filing 697 RESPONSE in Opposition re #651 MOTION for Order by Linda G. Holt for Separate Judgment on Equitable Claims and Defenses filed by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
June 1, 2015 Filing 696 RESPONSE in Opposition re #649 JOINT MOTION in Limine by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder To Exclude Evidence and Argument Concerning Income Taxes on Misappropriated Asset Proceeds filed by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
May 26, 2015 Filing 695 REPLY to Response to Motion re #637 FIFTH MOTION in Limine to Exclude Evidence of the Plaintiffs' Wealth by Linda G. Holt filed by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Trout, Eva) Modified text on 5/27/2015 (TJZ).
May 26, 2015 Filing 694 REPLY to Response to Motion re #635 FOURTH MOTION in Limine to Exclude Inadmissible Evidence and Argument re Defendants' Work for Griffin Industries by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder filed by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Trout, Eva) Modified text on 5/27/2015 (TJZ).
May 26, 2015 Filing 693 REPLY to Response to Motion re #638 SIXTH MOTION in Limine re "Constructive Notice" of Breach of Fiduciary Dutes by Linda G. Holt filed by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Trout, Eva) Modified text on 5/27/2015 (TJZ).
May 26, 2015 Filing 692 REPLY to #640 in Support of Plaintiff Elizabeth A. Osborn's First Motion in Limine to Exclude Certain Evidence Concerning her 1990 Lawsuit filed by Elizabeth A. Osborn. (Lewis, Benjamin)
May 26, 2015 Filing 691 REPLY to Response to Motion re #634 THIRD MOTION in Limine to Exclude Testimony of Janet Means by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder filed by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Trout, Eva) Modified text on 5/27/2015 (TJZ).
May 26, 2015 Filing 690 REPLY to Response to Motion re #633 SECOND MOTION in Limine to Exclude Hearsay Statements of John L. Griffin by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder filed by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Trout, Eva) Modified text on 5/27/2015 (TJZ).
May 26, 2015 Filing 689 REPLY to Response to Motion re #632 FIRST MOTION in Limine to Exclude Evidence of Advice of Counsel by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder filed by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Trout, Eva) Modified text on 5/27/2015 (TJZ).
May 18, 2015 Opinion or Order Filing 688 ORDER: 1) The hearing required by Fed. R. Civ. P. 25 on the Motion to Substitute is set for 6/3/2015 at 1:00 p.m.; A Status Conference, as suggested by the parties, will also be held at that time; 3) The TRIAL of all pending issues is set for 9/14/2015 at 10:00 AM, with any issues to be decided by the Court to be tried simultaneously with those for the jury; 4) All parties must attend the entire trial unless expressly excused by the Court; 5) Each set of parties will be allowed 20 hours for the presentation of evidence, including cross-examination; 6) Any issues remaining for the jury will be submitted to it no later than 9/28/2015; 7) FINAL PRETRIAL CONFERENCE pursuant to the Court's standard pretrial conference order, is set for 8/10/2015 at 01:00 PM. The final pretrial order, previously issued, must be strictly complied with by all parties. The Court will make every effort to rule on all motions in limine at or before the final pretrial conference so that trial time will not be taken up arguing same; 8) The following briefing schedule shall apply to motions currently pending: - Motions filed March 4-12, 2015: Replies due 5/26/2015; - Motions filed March 17-24, 2015: Responses due 6/1/2015, replies due 6/5/2015; and Motions filed April 3, 2015: Responses due 6/8/2015, replies due 6/12/2015.. Signed by Judge William O. Bertelsman on 5/18/2015.(ECO)cc: COR Modified text to correct date from 6/5/2014 to 6/5/2015 on 5/19/2015 (ECO).
May 18, 2015 ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #687 Status Report (TJZ)
May 15, 2015 Filing 687 JOINT STATUS REPORT of the Parties And the Non-Party Estate of Dennis B. Griffin by John M. Griffin, Martom Properties, LLC. (Callow, Joseph)
May 14, 2015 Filing 686 MOTION to Substitute Party by John M. Griffin, Martom Properties, LLC Motion to Substitute the Estate of Dennis B. Griffin in the Place of Dennis B. Griffin Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order)(Callow, Joseph)
May 14, 2015 Filing 685 NOTICE by John M. Griffin of the Death of Dennis Griffin (Callow, Joseph)
April 21, 2015 Filing 684 Letter from 6CCA advising petition for writ of mandamus is DENIED. (Attachments: #1 Copy of Order Denying Writ of Mandamus-No mandate to issue) (ECO)
April 14, 2015 Opinion or Order Filing 683 MINUTE ENTRY ORDER FOR STATUS CONFERENCE held on 4/13/2015 before Judge William O. Bertelsman: 1) The final pretrial conf date of 4/24/2015 and trial date of 5/4/2015 are VACATED; 2) All ddls for the filing of briefs on pending motions and trial materials are HELD IN ABEYANCE PENDING FURTHER ORDER OF THE COURT; 3) Defs shall file a status report by 5/15/2015, advising the Court of the status of the probate matters, whether currrent defense counsel will represent Mr. Griffin's estate and the matters mentioned above. (Court Reporter JOAN AVERDICK.). Signed by Judge William O. Bertelsman on 4/13/2015. (ECO)cc: COR
April 13, 2015 Opinion or Order Filing 682 PROVISIONAL ORDER: Any party has leave to file a formal motion concerning the subject matter addressed, which will result in the Court setting an expedited briefing schedule. That will produce a formal order that may then be appealed to the District Judge. If no formal motion surfaces by 4/14/2015, the provisional order will stand and resolve the distinct dispute presented. (Parties to see Order for details). Signed by Magistrate Judge Robert E. Wier on 4/13/2015.(ECO)cc: COR
April 10, 2015 Opinion or Order Filing 681 ORDER: 1) All deadlines are SUSPENDED until further order of the Court; 2) A TELEPHONIC STATUS CONFERENCE is set for 4/13/2015 at 02:30 PM before Judge William O. Bertelsman; 3) Counsel shall contact the undersigned's chambers before MONDAY, 4/13/2015, AT 10:00 a.m. to provide the telephone number at which they can be reached for the status confernce. Signed by Judge William O. Bertelsman on 4/10/2015.(ECO)cc: COR
April 7, 2015 Filing 680 RESPONSE in Opposition re #640 FIRST MOTION in Limine by Elizabeth A. Osborn to Exclude Certain Evidence Concerning her 1990 Lawsuit, #650 SEVENTH MOTION in Limine by Linda G. Holt filed by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
April 7, 2015 Filing 679 RESPONSE in Opposition re #638 SIXTH MOTION in Limine to exclude evidence plaintiffs had "constructive notice" of breach of fiduciary duties by Linda G. Holt filed by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph) Modified text on 4/8/2015 (TJZ).
April 7, 2015 Filing 678 RESPONSE in Opposition re #637 FIFTH MOTION in Limine to exclude all evidence of plaintiffs' wealth or income from Griffin Industries by Linda G. Holt filed by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph) Modified text on 4/8/2015 (TJZ).
April 6, 2015 Opinion or Order Filing 677 ORDER; 1)granting #676 Motion for Extension of Time; 2)Defs to exchange jury instructions and verdict forms and respond to the referenced motions in limine by 4/7/2015. Signed by Magistrate Judge Robert E. Wier on 4/6/2015. (LST)cc: COR
April 6, 2015 Filing 676 MOTION for Extension of Time by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC Unopposed Motion For Extension of Deadlines Motions referred to Robert E. Wier. (Attachments: #1 Affidavit Declaration of Thomas F. Hankinson, #2 Proposed Order Proposed Order)(Rhode, Jacob)
April 3, 2015 Filing 675 RESPONSE to #640 State No Objection to the First Motion in Limine of Elizabeth Osborn filed by Linda G. Holt. (Attachments: #1 Proposed Order Proposed Order)(Trout, Eva)
April 3, 2015 Filing 674 FIFTH MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Preclude Evidence or Argument Re Cold Spring Property Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order)(Callow, Joseph)
April 3, 2015 Filing 673 FOURTH MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Exclude Argument That Dennis Griffin and John Griffin Were Trustes of Rosellen Griffin's Trust Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order)(Callow, Joseph)
April 3, 2015 Filing 672 THIRD MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC To Preclude Argument That Assets Were "Transferred" Without Compensation Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order)(Callow, Joseph)
April 3, 2015 Filing 671 SECOND MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Preclude Non-Disclosed Opinions Motions referred to Robert E. Wier. (Attachments: #1 Exhibit A, Chilton Report re Griffin Stock, #2 Exhibit B, Medley Deposition, #3 Exhibit C, Glauber Deposition, #4 Exhibit D, Neyhart Deposition, #5 Proposed Order)(Callow, Joseph)
April 3, 2015 Filing 670 FIRST MOTION in Limine by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Exclude Certain Opinions From Ronald Neyhart Motions referred to Robert E. Wier. (Attachments: #1 Exhibit A, USPAP Definitions, #2 Exhibit B, Neyhart Deposition Excerpts, #3 Exhibit C, USPAP Standard 3, #4 Exhibit D, USPAP Standard 1, #5 Exhibit E, Neyhart Report, #6 Proposed Order)(Callow, Joseph)
April 3, 2015 Filing 669 MOTION to Exclude by John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC Motion to Exclude Testimony of John E. Chilton Motions referred to Robert E. Wier. (Attachments: #1 Exhibit A, Chilton Deposition, #2 Exhibit B, Chilton Report re Griffin Stock, #3 Exhibit C, Chilton Report re Craig Protein Stock, #4 Exhibit D, Chilton Report re Martom Properties, #5 Proposed Order)(Callow, Joseph)
April 1, 2015 Filing 668 NOTICE OF FILING BY THE COURT: Letter to jurors with jury questionnaire re #654 Order (ECO)
March 31, 2015 Opinion or Order Filing 667 ORDER: 1) The parties to submit (not file) brief (maximum of two pages) letters outlining their position on the discovery disputes by Tuesday, April 7, 2015, at 12:00 p.m. (noon). (Parties to see Order for details). Signed by Magistrate Judge Robert E. Wier on 3/31/2015.(ECO)cc: COR
March 31, 2015 Filing 666 RESPONSE to #654 Order Regarding Juror Questionnaire filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Attachments: #1 Appendix Appendix A)(Hankinson, Thomas)
March 31, 2015 Filing 665 RESPONSE to #654 Order Regarding Juror Questionnaire filed by Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder. (Trout, Eva)
March 30, 2015 Filing 664 RESPONSE in Opposition re #635 FOURTH MOTION in Limine by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
March 30, 2015 Filing 663 RESPONSE in Opposition re #634 THIRD MOTION in Limine by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
March 30, 2015 Filing 662 RESPONSE in Opposition re #633 SECOND MOTION in Limine by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
March 30, 2015 Filing 661 RESPONSE in Opposition re #632 FIRST MOTION in Limine by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
March 27, 2015 Filing 660 Exhibit List by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder.. (Attachments: #1 Exhibit Exhibit List)(Wicker, J.)
March 27, 2015 Filing 659 Witness List by Linda G. Holt. (Trout, Eva)
March 27, 2015 Filing 658 NOTICE OF FILING by Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder , Linda Holt of Deposition Designations (Wicker, J.)
March 27, 2015 Filing 657 Exhibit List by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC.. (Hankinson, Thomas)
March 27, 2015 Filing 656 NOTICE by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC Deposition Designations (Hankinson, Thomas)
March 27, 2015 Filing 655 Witness List by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Hankinson, Thomas)
March 26, 2015 Opinion or Order Filing 654 ORDER: 1) Counsel shall file any suggestions or objections to these drafts no later than Tuesday, March 31,2015. Signed by Judge William O. Bertelsman on 3/26/2015.(ECO)cc: COR Modified text on 3/27/2015 (ECO).
March 24, 2015 Filing 653 JOINT MOTION in Limine by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder to Exclude Testimony from Turney Berry and William Graf (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Report of Turney Berry, #3 Exhibit 2 - Report of William Graf, #4 Exhibit 3 - Deposition of Turney Berry, #5 Exhibit 4 - Deposition of William Graf, #6 Proposed Order)(Lewis, Benjamin) Modified text on 3/25/2015 (TJZ).
March 23, 2015 Filing 652 RESPONSE to #651 , AND IN FURTHER SUPPORT OF, THE HOLT PLAINTIFFS' MOTION FOR SEPARATE JUDGMENT TO EQUITABLE CLAIMS AND DEFENSES filed by Elizabeth A. Osborn. (Lewis, Benjamin)
March 21, 2015 Filing 651 MOTION for Order by Linda G. Holt for Separate Judgment on Equitable Claims and Defenses (Attachments: #1 Memorandum in Support Memo in Support of SJ, #2 Proposed Order Proposed Order)(Trout, Eva) Modified text on 3/23/2015 (TJZ).
March 20, 2015 Filing 650 SEVENTH MOTION in Limine by Linda G. Holt (Attachments: #1 Memorandum in Support Memorandum, #2 Proposed Order Proposed Order)(Trout, Eva) Modified text on 3/23/2015 (TJZ).
March 17, 2015 Filing 649 JOINT MOTION in Limine by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder To Exclude Evidence and Argument Concerning Income Taxes on Misappropriated Asset Proceeds (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Exhibit A - Deposition of John Chilton)(Lewis, Benjamin) Modified text on 3/18/2015 (TJZ).
March 16, 2015 Opinion or Order Filing 648 ORDER: 1) Defs' motion #639 if GRANTED and the "New Requested Dates" listed in the chart are the deaddlines for the listed disclosures and filings under the Court's 12/2/2014 Final Pretrial Conference Order #617 . Signed by Judge William O. Bertelsman on 3/16/2015.(ECO)cc: COR
March 13, 2015 Filing 647 RESPONSE to #638 And In Further Support of the Holt Plaintiffs' Sixth Motion in Limine to Regarding "Constructive Notice" of Breach of Fiduciary Duties by Dennis and Griffy filed by Elizabeth A. Osborn. (Attachments: #1 Exhibit 1 - 1995-1996 Correspondence to/from Timothy Neubauer, Esq., #2 Exhibit 2 - Letters and Spreadsheets Concerning John L. Griffin Estate and 1967 Trust, #3 Proposed Order)(Lewis, Benjamin)
March 13, 2015 Filing 646 RESPONSE to #637 And In Further Support of the Holt Plaintiffs' Fifth Motion in Limine to Exclude Evidence of Plaintiffs' Wealth filed by Elizabeth A. Osborn. (Lewis, Benjamin)
March 13, 2015 Filing 645 RESPONSE to #635 , AND IN FURTHER SUPPORT OF, THE HOLT PLAINTIFFS' FOURTH MOTION IN LIMINE TO EXCLUDE INADMISSIBLE EVIDENCE AND ARGUMENT filed by Elizabeth A. Osborn. (Attachments: #1 Proposed Order)(Lewis, Benjamin)
March 13, 2015 Filing 644 RESPONSE to #634 , AND IN FURTHER SUPPORT OF, THE HOLT PLAINTIFFS' THIRD MOTION IN LIMINE TO EXCLUDE INADMISSIBLE TESTIMONY OF JANET MEANS filed by Elizabeth A. Osborn. (Attachments: #1 Proposed Order)(Lewis, Benjamin)
March 13, 2015 Filing 643 RESPONSE to #633 , AND IN FURTHER SUPPORT OF, THE HOLT PLAINTIFFS' SECOND MOTION IN LIMINE TO EXCLUDE HEARSAY STATEMENTS OF JOHN L. GRIFFIN filed by Elizabeth A. Osborn. (Attachments: #1 Proposed Order)(Lewis, Benjamin)
March 13, 2015 Filing 642 RESPONSE to #632 AND IN FURTHER SUPPORT OF THE HOLT PLAINTIFFS' FIRST MOTION IN LIMINE TO EXCLUDE EVIDENCE OF ADVICE OF COUNSEL filed by Elizabeth A. Osborn. (Lewis, Benjamin)
March 12, 2015 Filing 641 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Elizabeth A. Osborn (Attachments: #1 Exhibit 1 - August 27, 1992 Order) (Lewis, Benjamin)
March 12, 2015 Filing 640 FIRST MOTION in Limine by Elizabeth A. Osborn to Exclude Certain Evidence Concerning her 1990 Lawsuit Motions referred to Robert E. Wier. (Attachments: #1 Memorandum in Support of Elizabeth Osborn's First Motion in Limine to Exclude Certain Evidence Concerning her 1990 Lawsuit, #2 Exhibit 1 - August 27, 1992 Order (FILED UNDER SEAL), #3 Proposed Order)(Lewis, Benjamin)
March 11, 2015 Filing 639 MOTION for Extension of Time by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC Unopposed Motion for Extension of Pretrial Disclosure Deadlines Motions referred to Robert E. Wier. (Attachments: #1 Affidavit Declaration of Thomas F. Hankinson, #2 Proposed Order Proposed Order)(Hankinson, Thomas)
March 11, 2015 Filing 638 SIXTH MOTION in Limine regarding "Constructive Notice" of Breach of Fiduciary Duties by Linda G. Holt Motions referred to Robert E. Wier. (Attachments: #1 Memorandum in Support Memorandum, #2 Proposed Order Proposed Order)(Trout, Eva) Modified text on 3/12/2015 (TJZ).
March 11, 2015 Filing 637 FIFTH MOTION in Limine to exclude evidence of the plaintiff's wealth by Linda G. Holt Motions referred to Robert E. Wier. (Attachments: #1 Memorandum in Support Memorandum, #2 Proposed Order Proposed Order)(Trout, Eva) Modified texton 3/12/2015 (TJZ).
March 4, 2015 Filing 636 MINUTE ENTRY ORDER FOR TELEPHONIC CONFERENCE held on 3/4/2015 before Magistrate Judge Robert E. Wier: Parties present as noted. All parties advised that they resolved the disputes. The Court thus took no action on them. Parties to See Minute Entry for Details. (Tape #KYED-LEX-2-11-cv-89-WOB-REW-20140304-155110.dcr.) Signed by Robert E. Wier. (ECO)cc: COR
March 4, 2015 Filing 635 FOURTH MOTION in Limine by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder . (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Wicker, J.) Modified text to take out referral language on 3/10/2015 (ECO).
March 4, 2015 Filing 634 THIRD MOTION in Limine by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder . (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Wicker, J.) Modified text to take out referral language on 3/10/2015 (ECO).
March 4, 2015 Filing 633 SECOND MOTION in Limine by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder . (Attachments: #1 Memorandum in Support, #2 Exhibit A - McDougal Depo Transcript, #3 Exhibit B - Means Depo Transcript, #4 Exhibit C - 1995 Note, #5 Exhibit D - 1992 Affidavit, #6 Proposed Order)(Wicker, J.) Modified text to take out referral language on 3/10/2015 (ECO).
March 4, 2015 Filing 632 FIRST MOTION in Limine by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder . (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Wicker, J.) Modified to take out referral language on 3/10/2015 (ECO).
February 26, 2015 Opinion or Order Filing 631 ORDER: 1) The Court SCHEDULES a TELEPHONIC CONFERENCE, for counsel only, on 3/4/2015 at 04:00 PM. Prior to the telephonic conf, the Court will send an email message to all counsel of record with a telephone number, access code, and security code to utilize, and counsel must call into the conf and be ready to proceed on the date and time designated; 2) In advance of the call, parties shall continue to confer (i.e., actually talk with one another) in an effort to reach an agreed resolution. They shall promptly advise the Court if the call is not needed; 3) The Court will utilize the electronic sound (digital audio) recording system as the record for this case. Signed by Magistrate Judge Robert E. Wier on 2/26/2015.(ECO)cc: COR, Lexington Court Diary Modified text on 2/27/2015 (ECO).
February 24, 2015 Opinion or Order Filing 630 ORDER: The Court on it own motion, CANCELS the telephonic conference scheduled for 2/25/2015, and ORDERS the parties to submit brief status updates on the dispute via email (copying opposing counsel) by 2/25/2015 at 4:00 PM. The Court will assess the updates, and if the parties have not resolved the entire dispute, will set a prompt call as warranted. Signed by Magistrate Judge Robert E. Wier on 2/24/2015.(ECO)cc: COR
February 19, 2015 Opinion or Order Filing 629 ORDER: The Court RESCHEDULES today's telephonic conference for Wednesday, 2/25/2015 at 04:00 PM in LEXINGTON before Magistrate Judge Robert E. Wier. Signed by Magistrate Judge Robert E. Wier on 2/18/2015.(TJZ)cc: COR
February 10, 2015 Filing 628 Appearance of Counsel by Joseph M Callow, Jr. from 6CCA (ECO)
February 9, 2015 Filing 627 LETTER from 6CCA advising writ of mandamus has been docketed as case number 15-5139, Case Manager is Jeanine Hance (Attachments: #1 Copy of Writ of Mandamus)(ECO) Modified text on 2/10/2015 (ECO). Modified typo on 4/22/2015 (ECO).
February 6, 2015 Opinion or Order Filing 626 ORDER: 1) By 2/11/2015 at 12:00 p.m. (noon), parties SHALL submit (not file) brief (maximum two pages) letters outlining their position on the discovery dispute. These letters may be in PDF, DOC, WPD, or TXT format and should be provided to Chambers via email (see Order). Counsel shall copy opposing counsel. Counsel shall additionally submit any relevant portions of filings or other documents directly concerning the dispute; 2) The Court SCHEDULES a TELEPHONIC CONFERENCE for counsel only, on 2/18/2015 at 02:30 PM. Prior to the telephone conf, the Court will send an email to all counsel of record with the telephone number, access code, and security code to utilize, and counsel must call into the conf and be ready to proceed on the date and at the time designated; 3) In advance of call, parties shall continue to confer in an effort to reach an agreed resolution. They shall promptly advise the Court if the call is not needed; 4) The Court will utilize the electronic sound (digital audio) recording system as the record for the call. Signed by Magistrate Judge Robert E. Wier on 2/6/2015.(ECO)cc: COR
January 16, 2015 Filing 625 NOTICE by Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder of Service of Expert Disclosures (Trout, Eva)
January 14, 2015 Opinion or Order Filing 624 ORDER: 1) The Motion for certification to file interlocutory appeal #614 is DENIED; 2) The trial schedule previously set by the Court shall be adhered to. No continuance will be granted barring unanticipated and exceptional circumstances. Signed by Judge William O. Bertelsman on 1/14/2015. (ECO)cc: COR
January 12, 2015 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #614 MOTION for Order by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC for Certification to File Interlocutory Appeal Pursuant to 28 U.S.C. 129 (TJZ)
January 8, 2015 Filing 623 REPLY to Response to Motion re #614 MOTION for Order by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC for Certification to File Interlocutory Appeal Pursuant to 28 U.S.C. 129 filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph)
December 23, 2014 Filing 622 NOTICE by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC of Declination to Substitute Liability Expert For Joseph L. Rippe, Sr. With Reservation of Right to Identify Damages Expert(s) (Hankinson, Thomas)
December 22, 2014 Filing 621 RESPONSE in Opposition re #614 MOTION for Order by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC for Certification to File Interlocutory Appeal Pursuant to 28 U.S.C. 129 filed by Elizabeth A. Osborn. (Attachments: #1 Proposed Order)(Lewis, Benjamin)
December 22, 2014 Filing 620 RESPONSE in Opposition re #614 MOTION for Order by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC for Certification to File Interlocutory Appeal Pursuant to 28 U.S.C. 129 filed by Linda G. Holt. (Attachments: #1 Proposed Order Proposed Order)(Trout, Eva)
December 22, 2014 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #614 MOTION for Order by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC for Certification to File Interlocutory Appeal Pursuant to 28 U.S.C. 129 (TJZ)
December 8, 2014 Opinion or Order Filing 619 MINUTE ENTRY ORDER FOR TELEPHONIC DISCOVERY CONFERENCE held on 12/8/2014 before Magistrate Judge Robert E. Wier: Parties present as noted. 1) Liability expert depositions SHALL conclude by 3/1/2015; 2) a. Plfs' ddl to identify experts and disclose reports is 1/16/2015; b. Defs' ddl to depose Plfs' experts is 2/9/2015; c. Defs' ddl to identify experts and disclose reports is 2/23/2015; d. Plfs' ddl to depose Defs' experts is 3/23/2015; 3) Parties must agree to depo dates and locations, as to Plfs' damages expert by 1/16/2015; Same requirements apply reciprocally to Defs' damage experts by 2/23/2015; 4) If parties can agree to a schedule and identification and disclosure of replacement expert for Defs' now-deceased expert, they are free to proceed by agreement. Parties should reach an agreement or Defs should file a motion by 12/23/2014 (Parties to see Minute Entry Order for details). (Tape #KYED-LEX-2-11-cv-89-WOB-REW -20141208-141709.) Signed by Magistrate Judge Robert E. Wier on 12/8/2014. (ECO)cc: COR Modified bold on 12/9/2014 (ECO).
December 5, 2014 Filing 618 TRANSCRIPT of Proceedings: ORAL ARGUMENT held on 11/13/2014 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: Joseph Callow, Esq.. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 1/2/2015. Redacted Transcript Deadline set for 1/8/2015. Release of Transcript Restriction set for 3/9/2015.
December 2, 2014 Opinion or Order Filing 617 FINAL PRETRIAL CONFERENCE ORDER: 1) FINAL PRETRIAL CONFERENCE set for 4/24/2015 at 01:30 PM, Room 375, in COVINGTON before Judge William O. Bertelsman. Jury Trial set for 5/4/2015 at 10:00 AM in COVINGTON before Judge William O. Bertelsman. (Parties to compy with paragraphs I thru V and Format for Pretrial Memorandum I thru VII). Signed by Judge William O. Bertelsman on 12/2/2014.(ECO)cc: COR
December 2, 2014 Opinion or Order Filing 616 ORDER: 1) By 12/4/2014, at 5:00 p.m., parties SHALL submit (not file) brief (maximum two pages) letters outlining their position on the discovery dispute. These letters may be in PDF, DOC, WPD, or TXT format and should be provided to Chambers by email (see order). Counsel shall copy opposing counsel. Counsel shall additionally submit any relevant portions of filings directly concerning the dispute; 2) The Court SCHEDULES a TELEPHONIC CONFERENCE, for counsel only, on 12/8/2014 at 03:30 p.m. Prior to the conference, the Court will send an email to all counsel of record with the telephone number, access code, and security code to utilize, and counsel must call into the conference and be ready to proceed on the date and at the time designated; 3) In advance of call, parties shall continue to confer (i.e., actually talk with one another) in an effort to reach an agreed resolution. They shall promptly advise the Court if the call is not needed; (4) The Court will utilize the electronic sound (digital audio) recording system as the record for the call. Signed by Magistrate Judge Robert E. Wier on 12/2/2014.(ECO)cc: COR
December 1, 2014 Filing 615 NOTICE by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC of Declination to Consent to a Trial Without a Jury (Callow, Joseph)
November 26, 2014 Filing 614 MOTION for Order by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC for Certification to File Interlocutory Appeal Pursuant to 28 U.S.C. 1292(b). (Attachments: #1 Proposed Order Proposed Order)(Callow, Joseph) Modified text to take out referral language on 12/1/2014 (ECO).
November 24, 2014 Filing 613 NOTICE by Linda G. Holt Regarding Requested Remedy (Trout, Eva)
November 14, 2014 Opinion or Order Filing 612 MINUTE ENTRY ORDER FOR MOTION HEARING held on 11/13/2014 before Judge William O. Bertelsman: Parties present as noted. IT IS ORDERED: 1) The pending motions ( #591 , #592 , #593 , #598 ) are DENIED; 2) On or before 11/26/2014, parties shall confer and file a joint proposed discovery schedule, as discussed at hearing; 3) On or before 12/1/2014, Defs shall advise the Court in writing whether they consent to a trial w/out a jury; 4) TRIAL set for 5/4/2015 at 10:00 AM. The Court will issue its final pretrial order after Defs inform the Court of their decision regarding the jury. (Court Reporter JOAN AVERDICK.) Signed by Judge William O. Bertelsman on 11/14/2014. (ECO)cc: COR
November 12, 2014 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #593 MOTION for Order by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC , #592 MOTION to Dismiss for Lack of Jurisdiction by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC , #591 MOTION for Reconsideration re #590 Memorandum Opinion & Order, Terminate Motions, Set Hearings,,,,,,,,,,,,,,,,,, by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC (TJZ)
November 11, 2014 Filing 611 REPLY to Response to Motion re #593 MOTION for Order by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Hankinson, Thomas)
November 11, 2014 Filing 610 REPLY to Response to Motion re #592 MOTION to Dismiss for Lack of Jurisdiction by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Attachments: #1 Appendix Appendix A)(Hankinson, Thomas)
November 11, 2014 Filing 609 REPLY to Response to Motion re #591 MOTION for Reconsideration re #590 Memorandum Opinion & Order, Terminate Motions, Set Hearings,,,,,,,,,,,,,,,,,, by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Hankinson, Thomas)
November 3, 2014 Opinion or Order Filing 608 ORDER: The Court has carefully evaluated the parties' submissions and perceives no mature dispute under the Rules. The Court declines to schedule a conference or take other action on this matter at this time. To the extent the matter reveals disagreement over the preclusive effect of prior deadlines imposed by Judge Bertelsman, the parties likely should inquire for clarification at the 11/13 status conference. Signed by Magistrate Judge Robert E. Wier on 11/3/2014.(TJZ)cc: COR
November 3, 2014 Filing 607 RESPONSE in Opposition re #592 MOTION to Dismiss for Lack of Jurisdiction by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC filed by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Proposed Order)(Trout, Eva)
November 3, 2014 Filing 606 RESPONSE to Motion re #593 MOTION for Order by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC filed by Elizabeth A. Osborn. (Attachments: #1 Exhibit 1 - Pertinent Pages of September 4, 2013 Hearing Transcript, #2 Exhibit 2 - E-mail Chain Between Lewis and Hankinson, #3 Exhibit 3 - E-mail Chain Between Wicker and Callow, #4 Proposed Order)(Lewis, Benjamin)
November 3, 2014 Filing 605 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Elizabeth A. Osborn (Attachments: #1 Exhibit 2 - Trust/Estate Administration Notes, #2 Exhibit 3 - Purported Craig Protein Option) (Lewis, Benjamin)
November 3, 2014 Filing 604 RESPONSE in Opposition re #591 MOTION for Reconsideration re #590 Memorandum Opinion & Order, Terminate Motions, Set Hearings,,,,,,,,,,,,,,,,,, by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC filed by Elizabeth A. Osborn. (Attachments: #1 Exhibit 1 - Sealed Marker for May 19, 1995 Letter from Richard Ruebel to Dennis Griffin, #2 Exhibit 2 - Sealed Marker for Trust/Estate Administration Notes, #3 Exhibit 3 - Sealed Marker for Purported Craig Protein Option, #4 Exhibit 4 - Seventh Codicil to John L. Griffin's Will, #5 Exhibit 5 - Fifth Amendment to 1967 Trust, #6 Proposed Order)(Lewis, Benjamin)
November 3, 2014 Filing 603 RESPONSE in Opposition re #592 MOTION to Dismiss for Lack of Jurisdiction by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC filed by Elizabeth A. Osborn. (Attachments: #1 Proposed Order)(Lewis, Benjamin)
October 31, 2014 Filing 602 RESPONSE to #593 Defendants' Motion for Expert Discovery Schedule filed by Linda G. Holt. (Attachments: #1 Proposed Order Proposed Order)(Trout, Eva)
October 31, 2014 Filing 601 RESPONSE in Opposition re #591 MOTION for Reconsideration re #590 Memorandum Opinion & Order, Terminate Motions, Set Hearings,,,,,,,,,,,,,,,,,, by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC filed by Linda G. Holt. (Attachments: #1 Proposed Order Proposed Order)(Trout, Eva)
October 28, 2014 Opinion or Order Filing 600 ORDER: Parties to submit (not file) brief maximum 2 pages letters outlining their position on the discovery dispute by 12:00 p.m. on Thursday, 10/30/2014. These letters may be in PDF, DOC, WPD OR TXT format and should be provided to Chambers by email. Counsel shall copy opposing counsel. Counsel shall submit any relevant portions of filings or formal discovery request and responses concerning the dispute. Letters shall specifically address the basis for and posture of the dispute. Upon receipt of the letters, the Court will assess whether the matter warrants a call. The record suggests a formal request made only on 10/23/2014 #595 and the Court continues to question whether there is a mature dispute under the Rules. Signed by Magistrate Judge Robert E. Wier on 10/28/2014.(TJZ)cc: COR
October 27, 2014 Filing 599 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Elizabeth A. Osborn (Attachments: #1 Exhibit 8 - Jay Gee Purchase Money Check from Griffin Industries, #2 Exhibit 9 - 1978 Henderson Property Lease, #3 Exhibit 10 - 2010 Martom Property Leases, #4 Exhibit 11 - 2010 Cold Spring Property Tax Invoice and Payment by Griffin Industries) (Lewis, Benjamin)
October 27, 2014 Filing 598 MOTION for Reconsideration re #590 Memorandum Opinion & Order, Terminate Motions, Set Hearings by Elizabeth A. Osborn. (Attachments: #1 Memorandum in Support of Motion for Partial Reconsideration, #2 Exhibit 1 - Special Warranty Deed, #3 Exhibit 2 - 11.23.2010 E-mail from Louis F. Solimine, #4 Exhibit 3 - September 1973 Purchase Contract, #5 Exhibit 4 - 1974 Cold Spring Property Deed, #6 Exhibit 5 - 01.08.1974 Letter Concerning New Grantee, #7 Exhibit 6 - 02.04.1974 Letter Confirm Request that John L. Griffin be Grantee, #8 Exhibit 7 - Cold Spring Property Refund Check to John L. Griffin, Trustee (Filed under Seal), #9 Exhibit 8 - Jay Gee Purchase Money Check from Griffin Industries (Filed under Seal), #10 Exhibit 9 - 1978 Henderson Property Lease (Filed under Seal), #11 Exhibit 10 - 2010 Martom Leases (Filed under Seal), #12 Exhibit 11 - 2010 Cold Spring Property Tax Invoice and Payment by Griffin Industries (Filed under Seal), #13 Exhibit 12 - Easement on Cold Spring Property by John L. Griffin, #14 Exhibit 13 - Construction Permits and Applications on Cold Spring Property, #15 Proposed Order)(Lewis, Benjamin) Modified text to take out referral language and cleaned-up up extra commas on 11/5/2014 (ECO).
October 24, 2014 Opinion or Order Filing 597 ORDER: The Court GRANTS the motion #596 and permits Hon. Jacob D. Rhode, to serve as Pro Hac Vice counsel for Defs, Dennis B. Griffin, John M. Griffin, Robert A. Griffin, and Martom Properties, LLC. Signed by Magistrate Judge Robert E. Wier on 10/24/2014. (ECO)cc: COR, w/c of Mandatory ECF General Order and ECF Registration form to Atty Jacob Rhode
October 24, 2014 BAR STATUS Check completed as to Jacob D. Rhode re #596 MOTION for Jacob D. Rhode to Appear Pro Hac Vice by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC. (ECO)
October 24, 2014 ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #596 MOTION for Jacob D. Rhode to Appear Pro Hac Vice by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC, Martom Properties, LLC (ECO)
October 24, 2014 ***FILE SUBMITTED TO CHAMBERS of Robert E. Wier for review: #595 Request to permit entry upon land (TJZ)
October 23, 2014 Filing 596 MOTION for Jacob D. Rhode to Appear Pro Hac Vice by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC (Filing fee $95; receipt number 0643-3070750). Motions referred to Robert E. Wier. (Attachments: #1 Affidavit of Jacob D. Rhode, #2 Proposed Order) (Filed pursuant to QC DE #148 in Member Case 2:13-CV-32-WOB-REW)(ECO)
October 23, 2014 Filing 595 REQUEST to permit entry upon land by Linda G. Holt.(Wicker, J.)
October 21, 2014 Filing 594 NOTICE: On 10/20/2014, Hon. Eva Christine Trout, counsel for the Holt Plfs, contacted Chambers to request a telephonic conference regarding a dispute the parties have been unable to resolve themselves concerning inspection of real estate. Upon further conversation with all counsel and upon noting Plfs have not made a formal Rule 34 request that could, depending on Defs' response and subsequent developments, lead to crystallizaton of an actual discovery dispute, the Court declines to set a telephonic conference or take other action at this time. The Court provides this notice in light of the particular posture of the case and the historical vigor of the parties' litigation conduct. Signed by Magistrate Judge Robert E. Wier on 10/21/2014.(ECO)cc: COR
October 14, 2014 NOTICE OF DOCKET MODIFICATION TO Joseph Callow re #591 MOTION for Reconsideration; Error: attachments were insufficiently described as Exhibit A, Exhibit B.Entry by attorney; Correction: the Clerk renamed the attachments. Attachmentsmust be adequately described. Example: Exhibit A (incorrect); Exhibit AAffidavit of John Doe (correct). No further action required by counsel. cc: COR(TJZ)
October 10, 2014 Filing 593 MOTION for Order by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC . (Attachments: #1 Proposed Order)(Callow, Joseph) Modified text to take out referral language on 11/5/2014 (ECO).
October 10, 2014 Filing 592 MOTION to Dismiss for Lack of Jurisdiction by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC (Attachments: #1 Proposed Order)(Callow, Joseph)
October 10, 2014 Filing 591 MOTION for Reconsideration re #590 Memorandum Opinion & Order, Terminate Motions, Set Hearings by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Attachments: #1 Exhibit A-defs MSJ, #2 Exhibit B-memo in opposition, #3 Exhibit C-reply memo, #4 Exhibit D-Memo Opinion dated 8/27/1992, #5 Proposed Order Text of Proposed Order)(Callow, Joseph) Modified text on 10/14/2014 (TJZ). Modifiedtext to take out referral language on 11/5/2014 (ECO).
September 29, 2014 Opinion or Order Filing 590 MEMORANDUM OPINION & ORDER: 1) Although the Court has dismissed the sole federal claim in the Holt action, the Court concludes that its exercise of supplemental jurisdiction over these plfs' remaining state law claims is appropriate to 28 U.S.C. 1367; 2) The objections ( #571 , #572 , #564 , #575 , #584 , #585 ) to the Orders of the Magistrate Judge are OVERRULED; 3) The motion by Griffin defs and Martom for the Court to disregard the deposition testimony of Dennis Griffin in ruling on the motions for summary judgment #541 is DENIED; 4) Plfs' motion for leave to file a surreply #533 is GRANTED; 5) Keating's motions for summary judgment ( #422 , #423 ) are GRANTED; 6) The Griffin defs' motion for all claims related to the Cold Spring property #433 are GRANTED; 7) Defs' motion for summary judgment that all claims are time-barred #432 is GRANTED IN PART AND DENIED IN PART; 8) Defs' motion for summary judgment based on the 1985-86 stock transactions #434 is DENIED; 9) Defs' motion for summary judgment on all claims based on the admnistration of Father's estate #435 is DENIED; 10) Plfs' motions for summary judgment ( #424 , #427 ) are DENIED, consistent with this Opinion; 11) Defs' motion for summary judgment as to the RICO claims #436 is GRANTED; 12) Betsy's motion to dismiss the counterclaim against her #400 is GRANTED; and 13) A STATUS CONFERENCE is set for 11/13/2014 at 01:30 PM, during which the Court intends to discuss setting a trial date in January, 2015. Signed by Judge William O. Bertelsman on 9/29/2014.(ECO)cc: COR
August 22, 2014 Opinion or Order Filing 589 ORDER: Motion to w/draw #588 is granted. Jennifer A. Schultz is permitted to w/draw as co-counsel for Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. Signed by Judge William O. Bertelsman on 8/22/2014.(ECO)cc: COR
August 22, 2014 ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #588 MOTION to Withdraw by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (TJZ)
August 21, 2014 Filing 588 MOTION to Withdraw by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order)(Wicker, J.)
August 14, 2014 Filing 587 REPLY to #582 Plaintiff Elizabeth Osborn's Response to Dennis Griffin's Objections to the July 10, 2014 Order of the Magistrate Judge at Docket 563 filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin. (Hankinson, Thomas)
August 14, 2014 Filing 586 RESPONSE to #585 , #584 Plaintiffs' Objections to the July 29, 2014 Order of the Magistrate Judge Declining to Order Production of Documents in Light of In Camera Review filed by Robert A. Griffin, Griffin Industries, LLC. (Hankinson, Thomas)
August 13, 2014 ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #585 Objections, #584 Objections (TJZ)
August 12, 2014 Filing 585 OBJECTIONS to #580 July 29, 2014 Order of the Magistrate Judge filed by Elizabeth A. Osborn. (Lewis, Benjamin)
August 12, 2014 Filing 584 OBJECTIONS to #580 Magistrate Judge's Order dated July 29, 2014 filed by Linda G. Holt. (Attachments: #1 Proposed Order Proposed Order)(Trout, Eva)
August 7, 2014 Opinion or Order Filing 583 MINUTE ENTRY ORDER FOR SETTLEMENT CONFERENCE held on 8/7/2014 before Magistrate Judge Robert E. Wier; 1)Parties were unable to resolve their dispute, and the case remains on the Court's active docket (Court Reporter NONE.). Signed by Magistrate Judge Robert E. Wier on 8/7/2014. (LST)cc: COR
August 7, 2014 Filing 582 RESPONSE to #575 Dennis Griffin's Objections to the July 10, 2014 Order re: Sanctions filed by Elizabeth A. Osborn. (Attachments: #1 Proposed Order)(Jakubowicz, Janet)
July 29, 2014 Opinion or Order Filing 581 ORDER: In light of the upcoming settlement conference motion to refer case to mediation #566 is GRANTED. Signed by Magistrate Judge Robert E. Wier on 7/29/2014. (TJZ)cc: COR
July 29, 2014 Opinion or Order Filing 580 ORDER: The Court, upon in camera review, does not order production of the documents withheld on the Thompson Hine privilege log addressed in DE #559 [Order]. Signed by Magistrate Judge Robert E. Wier on 7/29/2014.(TJZ)cc: COR
July 28, 2014 Filing 579 RESPONSE to #564 , #559 Robert Griffin and Griffin Industries' Objections to the July 7, 2014 Order of the Magistrate Judge at Docket 559 filed by Elizabeth A. Osborn. (Attachments: #1 Exhibit 1 - October 2012 Deposition of Robert Griffin, #2 Exhibit 2 - December 2013 Supplemental Thompson Hine Privilege Log, #3 Proposed Order)(Lewis, Benjamin)
July 25, 2014 Filing 578 RESPONSE to #571 , #572 Objections of Plaintiff Osborn to July 7, 2014 Order of the Magistrate Denying Plaintiffs' Motion to Exclude Late Produced Documents and Strike Defendants' Expert Reports and Portions of Their Summary Judgment Memoranda filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Attachments: #1 Exhibit 1)(Hankinson, Thomas)
July 25, 2014 Filing 577 RESPONSE to #564 , #559 Objection of Defendant Robert A. Griffin & Non-Party Griffin Industries to Magistrate's July 7, 2014 Order filed by Linda G. Holt. (Trout, Eva)
July 25, 2014 Filing 576 TRANSCRIPT of Proceedings: ORAL ARGUMENT held on 7/14/14 before Judge William O. Bertelsman. Court Reporter: Joan Averdick, Telephone number (859) 291-9666. Transcript ordered by: Joseph Callow, Esq.. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 8/18/2014. Redacted Transcript Deadline set for 8/28/2014. Release of Transcript Restriction set for 10/27/2014.
July 24, 2014 Filing 575 OBJECTIONS to #563 July 10 Order re Fees filed by Dennis B. Griffin. (Hankinson, Thomas)
July 24, 2014 Opinion or Order Filing 574 ORDER: 1) A SETTLEMENT CONFERENCE is set for 8/7/2014 at 09:00 AM in LEXINGTON before Magistrate Judge Robert E. Wier. The Court refers the parties to the following instructions. Settlement Conference Instructions: By 8/1/2014, at 12:00 p.m. (noon), each party shall email (see order) an ex parte conference statement. Statement may be in DOC, WPD, TXT, or PDF format. Statement furnished to the Court and not to any other party. Statement not filed with the Clerk of Court. Each party shall make a candid assessment of strengths and weaknesses of both sides of case and shall make an appraisal of the issues of liability and damages. Statement shall contain an assessment of economic cost of proceeding to trial. Statement shall report on past negotiations, prior mediation, and current demand or offer. Statement shall not exceed 20 pages. Absent written court permission, trial counsel must attend, and all named parties must attend. A corporate party must attend via a representative with authority to bind that party based on counsel's reasonable and good faith assessment of the value of the relevant claim, risks, and potential costs and foreseeable results of litigation. Corporate party's representative(s) shall have authority to make reasonably foreseeable noneconomic decisions concerning settlement. If insurance applies to a defense liability, a carrier representative, with adequate authority, also must attend. Court requires presence of the parties (and party representative and carrier representative) through entirety of mediation, absent leave. At commencement of settlement conference, Court will conduct a brief opening plenary session but will forgo opening remarks by the parties. The undersigned mediates through a process of both joint and separate sesssions with parties. Court assumes that no party objects to the ex parte elements of the process. Should any party have any objections, counsel shall immediatley file a notice indicating that objection. (Parties to comply with all aspects of Order). Signed by Magistrate Judge Robert E. Wier on 7/24/2014.(ECO)cc: COR
July 23, 2014 Filing 573 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 7/23/2014. before Magistrate Judge Robert E. Wier: Parties appeared telephonically as noted. The Court discussed off the record with counsel the scheduling and logistics of a settlement conference. The Court will enter a separate order formally scheduling the settlement conference. (Tape #KYED-LEX-2-11-cv-89-WOB-REW-20140723-154603.) Signed by Robert E. Wier. (ECO)cc: COR
July 22, 2014 ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #571 Objections, #572 Objections to Order #556 (TJZ)
July 21, 2014 Filing 572 OBJECTIONS to #571 , #556 Order of Magistrate Judge and Joinder filed by Linda G. Holt. (Trout, Eva)
July 21, 2014 Filing 571 OBJECTIONS to #556 July 7, 2013 Order of the Magistrate Judge filed by Elizabeth A. Osborn. (Attachments: #1 Proposed Order, #2 Exhibit Discovery Requests to Defendants, #3 Exhibit Subpoena to Griffin Industries, #4 Exhibit 12-18-14 Letter from Hankinson, #5 Exhibit 1/22/14 Letter from Hankinson, #6 Exhibit January 20, 1976 Letter, #7 Exhibit Davidson County PVA Record, #8 Exhibit Holt Plaintiffs' Discovery Request)(Jakubowicz, Janet)
July 18, 2014 Opinion or Order Filing 570 ORDER: 1) In order to address the possibility of a settlement conference in this case, the Court SCHEDULED a Telephonic Conference for counsel only, on 7/23/2014 at 4:00 PM. In the telephonic conference, the Court will discuss the settlement conference's scheduling, logistics, and parameters. 2) Prior to the telephonic conference, the Court will send an email message to all counsel of record with the telephone number, access code, and security code to utilize, and counsel must call into the conference and be ready to proceed on the date and at the time designated. The Court will utilize the electronic sound (digital audio) recording system as the record for this call. 3) At the time of the telephonic conference, each atty must have at least 3 prospective dates between 7/31/2014 and 8/21/2014, on which all parties, counsel, and persons with authority will be available for a settlement conference. Signed by Magistrate Judge Robert E. Wier on 7/18/2014.(ECO)cc: COR Modified to correct bold on 7/21/2014 (ECO).
July 18, 2014 Filing 569 NOTICE by Linda G. Holt re #568 RESPONSE of Corrected Response (Attachments: #1 Exhibit Corrected Response)(Trout, Eva)
July 17, 2014 Filing 568 INCORRECT RESPONSE to #566 Motion to Refer Case to Magistrate Judge for Mediation filed by Linda G. Holt. (Attachments: #1 Proposed Order Proposed Order)(Trout, Eva) Modified text on 7/22/2014 (TJZ). (Additional attachment(s) added on 7/22/2014: #2 CORRECT response to motion to refer to Mag Judge) (TJZ).
July 17, 2014 Filing 567 RESPONSE to Motion re #566 MOTION Refer Case to Mediation Before a United States Magistrate Judge by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC, Martom Properties, LLC filed by Elizabeth A. Osborn. (Attachments: #1 Proposed Order)(Lewis, Benjamin)
July 17, 2014 ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #566 MOTION Refer Case to Mediation Before a United States Magistrate Judge by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC, Martom Properties, LLC (TJZ)
July 16, 2014 Filing 566 MOTION Refer Case to Mediation Before a United States Magistrate Judge by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC, Martom Properties, LLC Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order Proposed Order)(Hankinson, Thomas)
July 15, 2014 ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #564 Objections (TJZ)
July 14, 2014 Filing 565 MINUTE ENTRY ORDER FOR ORAL HEARING held on 7/14/2014 before Judge William O. Bertelsman: Parties present as noted. Motions ( #400 , #422 , #423 , #424 , #427 , #432 , #433 , #434 , #435 , #436 , #541 , and #553 ) taken underadvisement pending further Order of the Court. (Court Reporter JOAN AVERDICK.) (ECO)cc: COR
July 14, 2014 Opinion or Order Filing 564 OBJECTIONS to Order of 7/7/2014 by Mag Judge Wier #559 filed by Robert A. Griffin, Griffin Industries, LLC. (Hankinson, Thomas) Modified text on 7/15/2014 (TJZ).
July 10, 2014 Opinion or Order Filing 563 ORDER: Pursuant to Judge Smith's Order #248 , the Court ORDERS the award from Judge Smith's ruling shall be the following: 1) $320.00 in court reporter fees; 2) $113.00 in travel costs for counsel to appear at depo; 3) $449.74 in travel costs for Osborn to appear at depo; 4) $9,734.50 in reasonable attorney fees for counsel's travel time and time spent preparing the Motion to Compel #209 and Reply #231 . The totals shall immediately be due and payable, per the prior, affirmed sanction order. Any party objecting to this order should consult the statute and Fed Rule of Civil Procedure 72(a) concerning its right of and the mechanics for reconsideration before the District Court. Failure to object waives a party's right to review. Signed by Magistrate Judge Robert E. Wier on 7/10/2014.(TJZ)cc: COR
July 10, 2014 Filing 562 SEALED DOCUMENT Sealed pursuant to REDACTED DOCUMENT re #541 SEALED MOTION re #55 Protective Order, Terminate Motions by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Grif by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC, Martom Properties, LLC (Attachments: #1 Exhibit 1, Dennis Griffin's Driving Test Medical Record) (Hankinson, Thomas)
July 8, 2014 Filing 561 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Exhibit 1. Deposition Transcript - Deborah Becker 11-7-2013, #2 Exhibit 2. Deposition Transcript - Elizabeth Osborn 12-20-2013) (Schultz, Jennifer)
July 7, 2014 Opinion or Order Filing 560 ORDER: 1) The Court denies Defts' Motion for Attorney Fees #274 . An award or other apportionment of atty fees or other reasonable expenses is not justified under these circumstances. The Court further denies Defts' motion for hearing #323 . The Court issues this Order resolving non-dispositive pretrial matters. Any party objecting to this Order should consult the statute and Fed.Rule of Civ. Procedure concerning its right of and the mechanics for reconsideration before the Distict Court. Failure to object waives a party's right to review.. Signed by Magistrate Judge Robert E. Wier on 7/7/2014. (ECO)cc: COR
July 7, 2014 Opinion or Order Filing 559 ORDER: 1) Court GRANTS the #439 Motion to Compel, consistent with the terms stated in this Order; 2) Respondents shall promptly and carefully review the documents newly listed on Thompson Hine's supplemental privilege log in December 2013 and determine whether, in light of the Court's ruling, any document should be produced to Pltfs. If so, Repondents shall produce the documents to Pltfs w/in 7 days of the date of entry of this Order. If Respondents determine, in good faith, that the crime-fraud exception does not apply to any such document. Respondents shall submit the document for in camera review w/in 7 days of the date of entry of this Order. To submit a document for in camera review, counsel shall email same, ex parte, to Chambers (see order) in PDF format; 3) The Court DENIES Plaintiffs' request for attorney's fees and expenses #438 under Rule 37; and 4) The Court issues this Order resolving a non-dispositive pretrial matter. Any party objecting to this Order must do so w/in 7 days. The Court accelerates the objection period due to the pending summary judgment motions. Failure to object waives a party's right to review. (See Order for Details). Signed by Magistrate Judge Robert E. Wier on 7/7/2014. (ECO)cc: COR
July 7, 2014 Opinion or Order Filing 558 ORDER: 1) The Court DENIES Defendants' Motion for Leave to file a surreply #503 . The Court issues this Order resolving a non-dispositive pretrial matter. Any party objecting to this Order should consult the statute and Fed. Rules of Civ. Procedure concerning its right of and the mechanics for reconsideration before the District Court. Failure to object waives a party's right to review. (See Order for Details). Signed by Magistrate Judge Robert E. Wier on 7/7/2014. (ECO)cc: COR
July 7, 2014 Opinion or Order Filing 557 ORDER: 1) The Court GRANTS Pltfs' Motion for Joinder #447 and considers it as part of the record on the instant dispute. The Court enters a separate Order on the motion to exclude contemporaneously herewith. The Court issues this Order resolving a non-dispositive pretrial matter. Any party objecting to this Order should consult the statute and Fed. Rules of Civ. Procedure concerning its right of and the mechanics for reconsideration before the Distric Court. Failure to object waives a party's right to review. (See Order for Details). Signed by Magistrate Judge Robert E. Wier on 7/7/2014. (ECO)cc: COR
July 7, 2014 Opinion or Order Filing 556 ORDER: 1) The Court DENIES Pltfs' Motion to Exclude and strike #438 , and Pltfs' imbedded request for atty fees. The Court issues this Order resolving a non-dispositive pretrial matter. Any party objecting to this Order should consult the statute and Fed. Rules of Civ. Procedure concerning its right of and the mechanics for reconsideration before the Distric Court. Failure to object waives a party's right to review. (See Order for Details). Signed by Magistrate Judge Robert E. Wier on 7/7/2014. (ECO)cc: COR
July 1, 2014 Filing 555 NOTICE OF APPEARANCE by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Trout, Eva)
June 30, 2014 Opinion or Order Filing 554 ORDER re #548 Order setting Oral Argument Hearings on 7/14/2014 at 10:00 AM: 1) This proceeding will be held in Courtroom 5. Counsel wishing to utilize the courtroom evidence display technology should contact the Clerk of Court at (859) 392-7925 in order to arrange an orientation session prior to the date of this proceeding. Signed by Judge William O. Bertelsman on 6/30/2014.(ECO)cc: COR Modified text on 6/30/2014 (ECO).
April 28, 2014 Filing 553 JOINT MOTION for Leave by Linda G. Holt, Elizabeth A. Osborn, Judith E. Prewitt, Cynthia L. Roeder to File a Surreply (Attachments: #1 Surreply, #2 Proposed Order, #3 Exhibit 1 - Article, #4 Exhibit 2 - Article, #5 Exhibit 3 - River City News Article)(Jakubowicz, Janet) Modified to take out referral langauge on 7/11/2014 (ECO).
April 25, 2014 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #541 SEALED MOTION by Dennis B. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin (TJZ)
April 24, 2014 Filing 552 SEALED REPLY TO RESPONSE TO MOTION by Dennis B. Griffin, John M. Griffin, Martin Griffin, Thomas Griffin, Griffin Industries, LLC, Martom Properties, LLC re #55 Protective Order, Terminate Motions, #541 SEALED MOTION, filed pursuant to QC 551 (TJZ)
April 24, 2014 Filing 551 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #541 SEALED MOTION re #55 Protective Order, Terminate Motions by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Grif by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Griffin Industries, LLC, Martom Properties, LLC, Martom Properties, LLC (Murphy, Caitlin)
April 11, 2014 Opinion or Order Filing 548 ORDER: 1)That Oral Argument Hearing on all motions then pending, is set for 7/14/2014 10:00 AM in COVINGTON before Judge William O. Bertelsman. Pltfs collectively shall have one hour for argument, and Defts collectively shall have the same. Signed by Judge William O. Bertelsman on 4/11/2014.(ECO)cc: COR
April 10, 2014 Filing 550 CONVENTIONAL FILING received on behalf of Elizabeth Osborn. Video Deposition of Dennis Griffin (2 discs) are filed per re #547 Sealed Response to Motion. (MAINTAINED ON THE SHELF IN THE CLERK'S OFFICE) (TJZ)
April 10, 2014 Filing 549 SEALED RESPONSE by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder re #55 Protective Order to #541 Sealed Motion. (Attachments: #1 Ex A, #2 Ex B, #3 Ex C, #4 Ex D, #5 Ex E, #6 Ex F, #7 Ex G, #8 Ex H, #9 Ex I, #10 Ex J, #11 Ex K, #12 Ex L) filed pursuant to QC #546 (TJZ)
April 10, 2014 Filing 547 SEALED RESPONSE by Elizabeth Osborn re #55 Protective Order to #541 Sealed Motion. (Attachments: #1 Ex 1, #2 Proposed Order), filed pursuant to QC #545 (TJZ) Modified text on 4/11/2014 (TJZ).
April 10, 2014 Filing 546 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L) (Schultz, Jennifer)
April 10, 2014 Filing 545 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Elizabeth A. Osborn (Attachments: #1 Exhibit 1 - Notice of Filing Videotaped Deposition, #2 Proposed Order) (Jakubowicz, Janet)
March 19, 2014 Filing 544 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #541 SEALED MOTION re #55 Protective Order, Terminate Motions by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Grif by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Griffin Industries, LLC, Martom Properties, LLC (Attachments: #1 Proposed Order Proposed Order to Motion to Disregard) (Murphy, Caitlin)
March 19, 2014 NOTICE OF DEFICIENCY TO Caitlin Murphy re #541 SEALED MOTION re #55 Protective Order by Dennis B. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin: attorney failed to submit a proposed order as an electronic attachment to the motion. Entry by attorney. Within 7 calendardays, prepare a pleading entitled Notice of Filing (with a certificate ofservice). Using the event Sealed Document, file the Notice and attachthe proposed order, and create a linkto the #541 Sealed Motion. cc: COR(TJZ)
March 17, 2014 Opinion or Order Filing 543 ORDER: 1) Parties who filed the following documents shall provide courtesy copies of the briefs, including any exhibits thereto, to chambers of the undersigned w/in 5 days of entr of this Order; Docs. 422-424, 426, 469, 472-473, 485-487, 518-519, 526-532, 537. All copies shall be marked with the documents' ECF docket entry number. Signed by Judge William O. Bertelsman on 3/17/2014.(ECO)cc: COR
March 17, 2014 Filing 542 NOTICE OF FILING by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Griffin Industries, LLC, Martom Properties, LLC, Martom Properties, LLC re #541 SEALED MOTION re #55 Protective Order, Terminate Motions by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Grif of Motion to Disregard the Depositions of Dennis B. Griffin In Ruling on Summary Judgment (Murphy, Caitlin)
March 17, 2014 Filing 541 SEALED MOTION re #55 Protective Order, Terminate Motions by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Griffin Industries, LLC, Martom Properties, LLC, Martom Properties, LLC. (Murphy, Caitlin) (Additional attachment(s) added on 3/20/2014: #1 Proposed Order) (TJZ).
March 14, 2014 Filing 540 RESPONSE in Opposition re #514 MOTION for Hearing re #432 MOTION for Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment That All Plaintiffs' Claims Are Time-Barred filed by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Proposed Order)(Schultz, Jennifer)
March 13, 2014 Opinion or Order Filing 539 ORDER: granting #505 Motion for Leave to Substitute Ex. 83 to Declaration of Jennnifer A. Schultz. Ex. 83 attached to Holts' Motion is substituted for Ex. 83 to Declaration of Jennifer A. Schultz in Support of Holt Pltfs' Memo in Support of Motion for Partial Summary Judgment and Responses to Defts' Motions for Summary Judgment. Signed by Judge William O. Bertelsman on 3/13/2014.(ECO)cc: COR
March 13, 2014 Filing 538 RESPONSE in Opposition re #514 MOTION for Hearing re #432 MOTION for Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment That All Plaintiffs' Claims Are Time-Barred filed by Elizabeth A. Osborn. (Attachments: #1 Proposed Order)(Jakubowicz, Janet)
March 13, 2014 ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #439 MOTION to Compel by Elizabeth A. Osborn Production of Documents from Defendant Robert Griffin, Griffin Industries and Their Counsel (TJZ)
March 12, 2014 NOTICE OF DOCKET MODIFICATION TO George Jonson re #521 Response in Support of Motion; Error: The reply to #423 was incorrectly filed using the event "Response"; Entry by attorney; Correction: Clerk modified the docket text of #521 to state, "incorrectly filed." Clerk filed the reply as #531 ; In the future, contact the ECF help desk when assistance is needed to select the correct event. No further action required by counsel cc: COR (LST)
March 12, 2014 NOTICE OF DOCKET MODIFICATION TO Benjamin Lewis re #522 Response in Support of Motion; Error: the reply to #424 was incorrectly filed using the event "Response." Entry by attorney;; Correction: Clerk modified the docket text of #522 to state, "incorrectly filed," Clerk filed the response as #532 ; In the future, contact the ECF help desk when assistance is needed to select the correct event. No further action required by counsel. cc: COR (LST)
March 12, 2014 ***MOTIONS SUBMITTED TO CHAMBERS of Judge William O. Bertelsman for review: re #439 MOTION to Compel by Elizabeth A. Osborn Production of Documents from Defendant Robert Griffin, Griffin Industries and Their Counsel, #400 MOTION to Dismiss by Elizabeth A. Osborn Defendants' December 20, 2013 Counterclaim, #435 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment on All Plaintiffs' Claims Regarding John L. Griffin's Estate and 1, #424 MOTION for Summary Judgment by Elizabeth A. Osborn , #436 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment On All Plaintiffs' RICO Claims, #423 MOTION for Summary Judgment by Keating Muething & Klekamp, PLL , #434 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment On All Claims Regarding 1985-1986 Griffin Industries Stock Transactions, #427 MOTION for Partial Summary Judgment by Linda G. Holt , Judith E. Prewitt, and Cynthia L. Roeder, #422 MOTION for Summary Judgment by Keating Muething & Klekamp, PLL , #433 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing Of Prior Paper Motion for Summary Judgment On All Plaintiffs' Claims Regarding the Cold Spring Property (LST)
March 12, 2014 NOTICE OF DOCKET MODIFICATION TO Joseph Callow re #508 #510 #511 #512 #513 #515 Response in Support of Motion; Error: the reply was incorrectly filed using the event response. Entry by attorney; Clerk modified the docket text of to state, incorrectly filed. Clerk filed the response as #525 #526 #527 #528 #529 #530 ; In the future, contact the ECF help desk when assistance is needed to select the correct event. No further action required by counsel. NOTICE OF DEFICIENCY TO Joseph Callow Re [510-515] Signature on document and filer do not match; Entry by attorney; the name of the Filing User under whose login and password the document is filed must be typed in the space where the signature would otherwise appear. No further action required by counsel. cc:cc: COR(TJZ)
March 11, 2014 Opinion or Order Filing 536 ORDER: The Court grants #516 Motion for Leave to exceed page limit to the Holt Pltfs up to and including 23 pages for each reply brief on the issues of breach of fiduciary duty, tortious interference with an inheritance, and professional negligence. Signed by Judge William O. Bertelsman on 3/11/2014. (ECO)cc: COR
March 11, 2014 Opinion or Order Filing 535 ORDER: 1) Deft Keating, Muething & Klekamp, PLL shall have leave to exceed the page limit re #517 Motion for Leave to File Excess Pages; 2) Deft's Reply in Support of Motion for Summary Judgment shall not exceed 16 pages. Signed by Judge William O. Bertelsman on 3/11/2014. (ECO)cc: COR
March 11, 2014 Opinion or Order Filing 534 ORDER: 1) Pltf Elizabeth A. Osborn shall have leave to exceed the page limit in her Reply in Support of her Motion for Partial Summary Judgment #424 , re: #509 Motion for Leave to File Excess pages, and that said Reply shall not exceed 30 pages. Signed by Judge William O. Bertelsman on 3/11/2014. (ECO)cc: COR Modified text on 3/11/2014 (ECO).
March 11, 2014 Filing 533 AFFIDAVIT re #519 REPLY, #524 Sealed Document,,, Declaration of Jennifer A. Schultz in Support of Plaintiffs Linda G. Holt, Judith E. Prewitt, and Cynthia L. Roeder's Replies in Support of Motion for Partial Summary Judgment Against Defendants Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC and Keating, Muething and Klekamp PLL (Docs. 519 and 524) by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Schultz, Jennifer)
March 11, 2014 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #517 MOTION for Leave to File Excess Pages by Keating Muething & Klekamp, PLL , #516 MOTION for Leave by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder to Exceed Page Limit (TJZ)
March 10, 2014 Clerk's Note: Clerk incorrectly entered motion and reply from member case which had already been docketed in lead case. Clerk deleted both docket entries. (TED)
March 10, 2014 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #514 MOTION for Hearing re #432 MOTION for Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment That All Plaintiffs' Claims Are Time-Barred (TJZ)
March 7, 2014 Filing 537 SEALED REPLY TO RESPONSE TO MOTION by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder re #55 Protective Order, #427 MOTION for Summary Judgment by Elizabeth A. Osborn , (Attachments: #1 Ex 127, #2 Ex 128, #3 Ex 129, #4 Ex 130, #5 Ex 131, #6 Ex 132, #7 Ex 133, #8 Ex 134, #9 Ex 135, #10 Ex 136), filed pursuant to QC #524 (TJZ) Modified link on 3/12/2014 (TJZ).
March 7, 2014 Filing 532 CORRECTLY FILED REPLY to Response to Motion re #424 MOTION for Summary Judgment by Elizabeth A. Osborn filed by Elizabeth A. Osborn. (Attachments: #1 Ex 1-Seventh Codicil to the Will, #2 Ex 2-Fifth Amendment to 1967 Trust, #3 Ex 3-Third Amendment to 1967 Trust, #4 Ex 4-SEALED, #5 Ex 5-1982 John L. Griffin Easement on Cold Spring Property, #6 Ex 6-John L. Griffin Trust Work Permits, #7 Ex 7-SEALED), filed pursuant to QC #522 .(TJZ)
March 7, 2014 Filing 531 CORRECTLY FILED REPLY to Response to Motion re #423 MOTION for Summary Judgment by Keating Muething & Klekamp, PLL filed by Keating Muething & Klekamp, PLL., filed pursuant to QC #521 (TJZ)
March 7, 2014 Filing 530 CORRECTLY FILED REPLY to Response to Motion re #436 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment On All Plaintiffs' RICO Claims filed by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC., filed pursuant to QC #515 (TJZ)
March 7, 2014 Filing 529 CORRECTLY FILED REPLY to Response to Motion re #435 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment on All Plaintiffs' Claims Regarding John L. Griffin's Estate and 1 filed by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC., filed pursuant to QC #513 . (TJZ)
March 7, 2014 Filing 528 CORRECTLY FILED REPLY to Response to Motion re #434 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment On All Claims Regarding 1985-1986 Griffin Industries Stock Transactions filed by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC., filed pursuant to QC 512 (TJZ)
March 7, 2014 Filing 527 CORRECTLY FILED REPLY to Response to Motion re #433 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing Of Prior Paper Motion for Summary Judgment On All Plaintiffs' Claims Regarding the Cold Spring Property filed by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC., filed pursuant to QC #511 . (TJZ)
March 7, 2014 Filing 526 CORRECTLY FILED REPLY to Response to Motion re #432 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing Of Prior Paper Motion for Summary Judgment On All Plaintiffs' Claims Regarding the Cold Spring Property, filed pursuant to QC #510 .(TJZ) Modified link on 3/13/2014 (TJZ).
March 7, 2014 Filing 525 CORRECTLY FILED REPLY to #503 Motion for Leave to File Surreply Memorandum filed by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC., filed pursuant to QC #508 (TJZ)
March 7, 2014 Filing 524 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Exhibit 127, #2 Exhibit 128, #3 Exhibit 129, #4 Exhibit 130, #5 Exhibit 131, #6 Exhibit 132, #7 Exhibit 133, #8 Exhibit 134, #9 Exhibit 135, #10 Exhibit 136) (Wicker, J.) Modified text on 3/12/2014 (TJZ).
March 7, 2014 Filing 523 SEALED DOCUMENT at to #532 Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Elizabeth A. Osborn (Attachments: #1 Exhibit 04 - SEALED, #2 Exhibit 07 -SEALED (Lewis, Benjamin) Modified text on 3/10/2014 (TJZ). Modified to add link on 3/11/2014 (TJZ).
March 7, 2014 Filing 522 INCORRECTLY FILED RESPONSE in Support re #424 MOTION for Summary Judgment by Elizabeth A. Osborn filed by Elizabeth A. Osborn. (Attachments: #1 Exhibit 01 - Seventh Codicil to the Will, #2 Exhibit 02 - Fifth Amendment to 1967 Trust, #3 Exhibit 03 - Third Amendment to 1967 Trust, #4 Exhibit 04 - Craig Protein Option - SEALED, #5 Exhibit 05 - 1982 John L. Griffin Easement on Cold Spring Property, #6 Exhibit 06 - John L. Griffin Trust Work Permits and Applications for Cold Spring Property, #7 Exhibit 07 - Martom Profit & Loss 1995-2011 - SEALED)(Lewis, Benjamin) See docket entry #532 for correct entry of this pleading Modified text on 3/10/2014 (TJZ).
March 7, 2014 Filing 521 INCORRCTLY FILED RESPONSE in Support re #423 MOTION for Summary Judgment by Keating Muething & Klekamp, PLL filed by Keating Muething & Klekamp, PLL. (Jonson, George) See docket entry #531 for correct entry of this pleading Modified text on 3/10/2014 (TJZ).
March 7, 2014 Filing 520 SEALED DOCUMENT as to #519 Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Exhibit 125(Wicker, J.) Modified text on 3/10/2014 (TJZ). Modified to add link on 3/11/2014 (TJZ).
March 7, 2014 Filing 519 REPLY to #426 , #427 in Support of Plaintiffs Linda G. Holt, Judith E. Prewitt, and Cynthia L. Roeder's Motion for Partial Summary Judgment Against Defendant Keating, Muething and Klekamp PLL filed by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Exhibit 125 - Filed under seal, #2 Exhibit 126 - Affidavit of Jennifer A. Schultz)(Wicker, J.)
March 7, 2014 Filing 518 REPLY to Response to Motion re #422 MOTION for Summary Judgment by Keating Muething & Klekamp, PLL filed by Keating Muething & Klekamp, PLL. (Jonson, George)
March 7, 2014 Filing 517 MOTION for Leave to File Excess Pages by Keating Muething & Klekamp, PLL . (Attachments: #1 Proposed Order)(Jonson, George) Modified to take out referral on 3/12/2014 (LST).
March 7, 2014 Filing 516 MOTION for Leave by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder to Exceed Page Limit (Attachments: #1 Proposed Order)(Schultz, Jennifer) Modified to take out referral on 3/12/2014 (LST).
March 7, 2014 Filing 515 INCORRECTLY FILED RESPONSE in Support re #436 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment On All Plaintiffs' RICO Claims filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph) Modified text on 3/10/2014 (TJZ).
March 7, 2014 Filing 514 MOTION for Hearing re #432 MOTION for Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment That All Plaintiffs' Claims Are Time-Barred, #434 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment On All Claims Regarding 1985-1986 Griffin Industries Stock Transactions, #433 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing Of Prior Paper Motion for Summary Judgment On All Plaintiffs' Claims Regarding the Cold Spring Property, #435 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment on All Plaintiffs' Claims Regarding John L. Griffin's Estate and 1, #436 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment On All Plaintiffs' RICO Claims by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC, Martom Properties, LLC Motion for Oral Argument (Attachments: #1 Proposed Order Proposed Order)(Callow, Joseph) Modified to take out referral on 3/12/2014 (LST).
March 7, 2014 Filing 513 INCORRECTLY FILED RESPONSE in Support re #435 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment on All Plaintiffs' Claims Regarding John L. Griffin's Estate and 1 filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph) See docket entry #529 for correct entry of this pleading Modified text on 3/10/2014 (TJZ).
March 7, 2014 Filing 512 INCORRECTLY FILED RESPONSE in Support re #434 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment On All Claims Regarding 1985-1986 Griffin Industries Stock Transactions filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph) See docket entry #528 for correct entry of this pleading Modified text on 3/10/2014 (TJZ).
March 7, 2014 Filing 511 INCORRECTLY FILED RESPONSE in Support re #433 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing Of Prior Paper Motion for Summary Judgment On All Plaintiffs' Claims Regarding the Cold Spring Property filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph) See docket entry #527 for correct entry of this pleading Modified text on 3/10/2014 (TJZ).
March 7, 2014 Filing 510 INCORRECTLY FILED RESPONSE in Support re #432 MOTION for Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment That All Plaintiffs' Claims Are Time-Barred filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph) See docket entry #526 for correct entry of this pleading Modified text on 3/10/2014 (TJZ).
March 7, 2014 Filing 509 MOTION for Leave to File Excess Pages by Elizabeth A. Osborn (Attachments: #1 Proposed Order)(Lewis, Benjamin) Modified to take out referral on 3/12/2014 (LST).
March 7, 2014 Filing 508 INCORRECTLY FILED RESPONSE in Support re #503 MOTION for Leave by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC to File Surreply Memorandum in Opposition to Plaintiffs' Motions to Exc filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC, Martom Properties, LLC. (Callow, Joseph) See Docket entry #525 for correct entry of this pleading Modified text on 3/10/2014 (TJZ).
March 6, 2014 Filing 507 AFFIDAVIT in Opposition re #438 MOTION to Exclude by Elizabeth A. Osborn Defendants' and Griffin Industries LLC's Untimely Produced Documents Third Declaration of George D. Jonson filed by Keating Muething & Klekamp, PLL. (Attachments: #1 Exhibit Jonson Third Declaration A, #2 Exhibit Jonson Third Declaration B)(Jonson, George)
March 6, 2014 Filing 506 SEALED DOCUMENT re #55 Protective Order, Terminate Motions by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Exhibit 83 (Filed under seal), #2 Proposed Order Proposed Order) (Schultz, Jennifer) Modified text on 3/10/2014 (TJZ).
March 6, 2014 Filing 505 MOTION for Leave by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder to Substitute Exhibit 83 to Declaration of Jennifer A. Schultz in Support of Plaintiffs' Memorandum in Support of Motion for Partial Summary Judgment and Responses to Defendants' Motions for Summary Judgment Motions referred to Robert E. Wier. (Attachments: #1 Exhibit 83 (Filed under seal), #2 Proposed Order Proposed Order)(Schultz, Jennifer)
March 4, 2014 Filing 504 RESPONSE in Opposition re #503 MOTION for Leave by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC to File Surreply Memorandum in Opposition to Plaintiffs' Motions to Exc lude Documents and Strike Defendants' Expert Reports and Summary Judgment Memoranda filed by Elizabeth A. Osborn. (Attachments: #1 Proposed Order)(Jakubowicz, Janet)
March 3, 2014 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #503 MOTION for Leave by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC to File Surreply Memorandum in Opposition to Plaintiffs' Motions to Exc (TJZ)
February 28, 2014 Filing 503 MOTION for Leave by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC to File Surreply Memorandum in Opposition to Plaintiffs' Motions to Exclude Documents and Strike Defendants' Expert Reports and Summary Judgment Memoranda Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order Proposed Order)(Hankinson, Thomas)
February 27, 2014 Filing 502 NOTICE TO ATTORNEY Anthony J. Bickel by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: #1 Atty Data Form)(TJZ)
February 27, 2014 Filing 501 FRCP 7.1 DISCLOSURE STATEMENT by Thompson Hine, LLP. (Ramundo, Kimberly)
February 27, 2014 Opinion or Order Filing 500 ORDER: Motion to Substitute Exhibit 104 #493 is GRANTED. Exhibit 104 shall be substituted for Exhibit 104 to Declaration of Jennifer Schultz. Signed by Judge William O. Bertelsman on 2/27/2014. (TJZ)cc: COR
February 27, 2014 Filing 499 FRCP 7.1 DISCLOSURE STATEMENT by Martom Properties, LLC. (Hankinson, Thomas)
February 27, 2014 Filing 498 FRCP 7.1 DISCLOSURE STATEMENT by Griffin Industries, LLC identifying Corporate Parent Darling International Inc. for Griffin Industries, LLC.. (Hankinson, Thomas)
February 26, 2014 Filing 497 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Caitlin Murphy, John Floyd, Steven Coffaro, Joseph Callow, Thomas Hankinson. #127 Response in Opposition to Motion,, has been filed by Martom Properties, LLC without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (TJZ)
February 26, 2014 Filing 496 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Caitlin Murphy, Joseph Callow, Thomas Hankinson. #120 Response in Opposition to Motion, has been filed by Griffin Industries, LLC without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (TJZ)
February 26, 2014 Filing 495 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Kimberly Ellen Ramundo, Louis Solimine, Stephen Butler. #109 Response in Opposition to Motion, has been filed by Thompson Hine, LLP without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (TJZ)
February 26, 2014 Filing 494 SEALED MOTION re #55 Protective Order, Terminate Motions by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Exhibit 104 (Filed under seal)) (Schultz, Jennifer)
February 26, 2014 Filing 493 MOTION for Leave to File by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder to Substitute Exhibit 104 to Declaration of Jennifer A. Schultz in Support of Plaintiffs' Memorandum in Support of Motion for Partial Summary Judgment and Responses to Defendants' Motions for Summary Judgment Motions referred to Robert E. Wier. (Attachments: #1 Exhibit 104 (Filed under seal), #2 Proposed Order Proposed Order)(Schultz, Jennifer)
February 25, 2014 Opinion or Order Filing 492 ORDER: granting #488 Motion for Leave to Substitute. Exhibit A attached to Defendants' Motion is substituted for Exhibit A to Declaration of Caitlin E. Murphy in Support of Defendants' Memorandum in Opposition to Plaintiffs' Motions for Summary Judgment. Signed by Judge William O. Bertelsman on 2/25/2014. (TJZ)cc: COR
February 25, 2014 ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #447 MOTION for Joinder #438 MOTION to Exclude by Elizabeth A. Osborn Defendants' and Griffin Industries LLC's Untimely Produced Documents by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder , #438 MOTION to Exclude by Elizabeth A. Osborn Defendants' and Griffin Industries LLC's Untimely Produced Documents (TJZ)
February 25, 2014 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #447 MOTION for Joinder #438 MOTION to Exclude by Elizabeth A. Osborn Defendants' and Griffin Industries LLC's Untimely Produced Documents by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder , #438 MOTION to Exclude by Elizabeth A. Osborn Defendants' and Griffin Industries LLC's Untimely Produced Documents (TJZ)
February 24, 2014 Filing 491 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Exhibit Ex J) (Schultz, Jennifer) Modified text on 2/25/2014 (TJZ).
February 24, 2014 Filing 490 REPLY to #447 Joinder Motion to Exclude #438 filed by Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Exhibit Ex A - Keating Letter 10-15-13, #2 Exhibit Ex B - Schultz Letter 10-24-13, #3 Exhibit Ex C - Keating Letter 10-11-13, #4 Exhibit Ex D - Keating Letter 11-11-13, #5 Exhibit Ex E - Thompson Hine Email 10-28-13, #6 Exhibit Ex F - Keating Letter 12-4-13, #7 Exhibit Ex G - Keating Letters 12-5-13 & 12-6-13, #8 Exhibit Ex H - Keating Letter 12-18-13, #9 Exhibit Ex I - Keating Letter 1.22.14, #10 Exhibit Ex J - Schultz Email 12-11-13 (FILED UNDER SEAL), #11 Exhibit Ex K - Schultz Emails 12-15-13 & 12-16-13, #12 Exhibit Ex L - Keating Email 12-16-13, #13 Exhibit Ex M - Plaintiffs' Deposition Exhibit 174, #14 Exhibit Ex N - Schultz Email 12-30-13, #15 Exhibit Ex O - Schultz Email 1-23-14, #16 Exhibit Ex P - Nashville Email 12-23-13)(Schultz, Jennifer)
February 24, 2014 Filing 489 REPLY to #438 of Plaintiff Elizabeth A. Osborn in Support of Expedited Motion to Exclude Defendants' and Griffin Industries, LLC's Untimely Produced Documents and to Strike Defendants' and Keating Muething & Klekamp's Related Expert Reports and Summary Judgment Memoranda filed by Elizabeth A. Osborn. (Lewis, Benjamin)
February 24, 2014 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #488 MOTION for Leave to Substitute Exhibit by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Griffin Industries, LLC, Martom Properties, LLC (TJZ)
February 21, 2014 Filing 488 MOTION for Leave to File by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Griffin Industries, LLC, Martom Properties, LLC to Substitute Exhibit to Declaration of Caitlin E. Murphy in Support of Defendants' Memoranda in Opposition to Plaintiffs' Motions for Summary Judgment Motions referred to Robert E. Wier. (Attachments: #1 Exhibit A, Substituted Declaration with Inadvertently Omitted CV, #2 Proposed Order Proposed Order)(Hankinson, Thomas)
February 20, 2014 Filing 483 REPLY to #400 Memorandum of Law in Further Support of Plaintiff Elizabeth A. Osborn's Motion to Dismiss Defendants' Counterclaim filed by Elizabeth A. Osborn. (Lewis, Benjamin)
February 19, 2014 Filing 482 AFFIDAVIT re #465 Sealed Document, #428 Sealed Document, #470 Sealed Document, #466 Sealed Document, #468 Sealed Document, #427 MOTION for Partial Summary Judgment by Linda G. Holt , Judith E. Prewitt, and Cynthia L. Roeder, #471 Sealed Document Declaration of Jennifer A. Schultz in Support of Plaintiffs Linda G. Holt, Judith E. Prewitt, and Cynthia L. Roeder's Memorandum in Support of Motion for Partial Summary Judgment (Doc. 426) and Responses to Defendants' Motions for Summary Judgment (Docs. 465, 466, 468, 471, 476, 477 and 478) by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder. (Schultz, Jennifer) Modified to clean up docket text on 2/25/2014 (LST).
February 19, 2014 Opinion or Order Filing 481 ORDER: granting #453 Motion for Leave to Exceed Page Limit. Defendants have up to and including 75 pages for their Opposition to Osborn's motion for partial summary judgment, and up to and including 55 pages for their Opposition to Holt plaintiffs' motion for partial summary judgment. Signed by Judge William O. Bertelsman on 2/19/2014. (TJZ)cc: COR
February 19, 2014 Opinion or Order Filing 480 ORDER: granting #454 Motion for Leave to File Excess Pages. Plaintiff Osborn shall have leave to exceed page limit in her Combined Response to "Non-Rico" Motions for Summary Judgment, said response shall not exceed 75 pages. Signed by Judge William O. Bertelsman on 2/19/2014. (TJZ)cc: COR
February 19, 2014 Opinion or Order Filing 479 ORDER: Court grants Holt Plaintiffs Motion to Exceed Page Limit #464 up to and including 65 pages for their response to Doc. 432. Signed by Judge William O. Bertelsman on 2/19/2014. (TJZ)cc: COR
February 18, 2014 Filing 487 SEALED RESPONSE to #432 by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder re #432 MOTION for Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment That All Plaintiffs' Claims Are Time-Barred (Attachments: #1 Proposed Order) (TJZ)
February 18, 2014 Filing 486 SEALED RESPONSE by Linda G. Holt, Keating Muething & Klekamp, PLL, Cynthia L. Roeder re #55 Protective Order, #423 MOTION for Summary Judgment by Keating Muething & Klekamp, PLL , #422 MOTION for Summary Judgment by Keating Muething & Klekamp, PLL filed pursuant to QC #468 (Attachments: #1 Proposed Order) (TJZ) Modified text on 2/26/2014 (TJZ).
February 18, 2014 Filing 485 SEALED RESPONSE by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder re #55 Protective Order, #436 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment On All Plaintiffs' RICO Claims filed pursuant to QC #466 (Attachments: #1 Proposed Order) (TJZ) Modified text on 2/26/2014 (TJZ).
February 18, 2014 Filing 484 SEALED RESPONSE by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder re #55 Protective Order, #434 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment On All Claims Regarding 1985-1986 Griffin Industries Stock Transactions (Attachments: #1 Proposed Order) filed pursuant to QC #465 (TJZ) Modified text on 2/26/2014 (TJZ).
February 18, 2014 Filing 478 RESPONSE in Opposition re #435 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment on All Plaintiffs' Claims Regarding John L. Griffin's Estate and 1 filed by Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Proposed Order)(Wicker, J.)
February 18, 2014 Filing 477 RESPONSE in Opposition re #433 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing Of Prior Paper Motion for Summary Judgment On All Plaintiffs' Claims Regarding the Cold Spring Property filed by Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Proposed Order)(Wicker, J.)
February 18, 2014 Filing 476 RESPONSE in Opposition re #423 MOTION for Summary Judgment by Keating Muething & Klekamp, PLL filed by Judith E. Prewitt, Cynthia L. Roeder. (Attachments: #1 Proposed Order)(Wicker, J.)
February 18, 2014 Filing 475 SEALED DOCUMENT #472 Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Elizabeth A. Osborn (Attachments: #1 Exhibit 3-FILED UNDER SEAL, #2 Exhibit 5-FILED UNDER SEAL, #3 Exhibit 6-FILED UNDER SEAL, #4 Exhibit 7-FILED UNDER SEAL, #5 Exhibit 8-FILED UNDER SEAL, #6 Exhibit 10-FILED UNDER SEAL, #7 Exhibit 11-FILED UNDER SEAL, #8 Exhibit 12-FILED UNDER SEAL, #9 Exhibit 13-FILED UNDER SEAL, #10 Exhibit 14-FILED UNDER SEAL, #11 Exhibit 15-FILED UNDER SEAL, #12 Exhibit 16-FILED UNDER SEAL, #13 Exhibit 17-FILED UNDER SEAL, #14 Exhibit 18-FILED UNDER SEAL, #15 Exhibit 19-FILED UNDER SEAL, #16 Exhibit 21-FILED UNDER SEAL, #17 Exhibit 22-EILED UNDER SEAL, #18 Exhibit 24-FILED UNDER SEAL, #19 Exhibit 25-FILED UNDER SEAL, #20 Exhibit 26-FILED UNDER SEAL, #21 Exhibit 27-FILED UNDER SEAL, #22 Exhibit 28-ILED UNDER SEAL, #23 Exhibit 29-FILED UNDER SEAL, #24 Exhibit 30-FILED UNDER SEAL, #25 Exhibit 33-FILED UNDER SEAL, #26 Exhibit 34-FILED UNDER SEAL, #27 Exhibit 35-FILED UNDER SEAL) (Jakubowicz, Janet) Modified to add link on 2/21/2014 (TJZ). Modified text on 2/25/2014 (TJZ).
February 18, 2014 Filing 474 SEALED DOCUMENT as to #473 Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Elizabeth A. Osborn (Attachments: #1 Exhibit 1-filed under seal, #2 Exhibit 3-filed under seal, #3 Exhibit 6-filed under seal, #4 Exhibit 9-filed under seal, #5 Exhibit 10-filed under seal, #6 Exhibit 11-filed under seal, #7 Exhibit 16-filed under seal, #8 Exhibit 19-filed under seal, #9 Exhibit 20-filed under seal, #10 Exhibit 21-filed under seal (Lewis, Benjamin) Modified to add link on 2/21/2014 (TJZ). Modified text on 2/25/2014 (TJZ).
February 18, 2014 Filing 473 RESPONSE in Opposition re #432 MOTION for Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment That All Plaintiffs' Claims Are Time-Barred, #433 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing Of Prior Paper Motion for Summary Judgment On All Plaintiffs' Claims Regarding the Cold Spring Property, #423 MOTION for Summary Judgment by Keating Muething & Klekamp, PLL , #435 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment on All Plaintiffs' Claims Regarding John L. Griffin's Estate and 1 Combined Response filed by Elizabeth A. Osborn. (Attachments: #1 Exhibit 1 - Trust/Estate administration notes (filed under seal), #2 Exhibit 2 - 1974 Cold Spring Property Deed, #3 Exhibit 3 - December 8, 2010 e-mail from Chris Griffin to Joe Callow (filed under seal), #4 Exhibit 4 - November 23, 2010 E-mail from Louis Solimine, #5 Exhibit 5 - September 28, 1973 Purchase Contract for Cold Spring Property (expired), #6 Exhibit 6 - May 19, 1995 Letter from Richard J. Ruebel, Esq. to Dennis Griffin (filed under seal), #7 Exhibit January 8, 1974 Letter to Leonard Meranus re: Cold Spring Property deed, #8 Exhibit 8 - February 11, 1974 Enclosure Letter and Cold Spring Purchase Money Check, #9 Exhibit 9 - February 8, 1974 Refund Check to John L. Griffin, Trustee (filed under seal), #10 Exhibit 10 - 2010 Martom Leases (filed under seal), #11 Exhibit 11 -Cold Spring Property tax invoice and payment evidence (filed under seal), #12 Exhibit 12 - John L. Griffin Easement on Cold Spring Property, #13 Exhibit 13 - John L. Griffin Work Permits and Applications on Cold Spring Property, #14 Exhibit 14 - Fifth Amendment to 1967 Trust, #15 Exhibit 15 - 1967 Trust Agreement with Amendments, #16 Exhibit 16 - Purported Option re: Craig Protein shares (filed under seal), #17 Exhibit 17 - Special Warranty Deed, #18 Exhibit 18 - Motion to Reopen Estate, #19 Exhibit 19 - Martom Profit and Loss Statements 1995-2011 (filed under seal), #20 Exhibit 20 - 1995 Martom Leases (filed under seal), #21 Exhibit 21 - draft Fourth Trust Amendment (filed under seal), #22 Exhibit 22 - Sixth Codicil to Will, #23 Exhibit 23 - Seventh Codicil to Will, #24 Proposed Order Proposed Order Denying Defendants' Motions for Summary Judgment)(Lewis, Benjamin)
February 18, 2014 Filing 472 RESPONSE in Opposition re #436 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment On All Plaintiffs' RICO Claims filed by Elizabeth A. Osborn. (Attachments: #1 Proposed Order, #2 Exhibit 1 - EXHIBIT - Seventh Codicil to the Will, #3 Exhibit 2 - EXHIBIT - Fifth Amendment to 1967 Trust, #4 Exhibit 3 - EXHIBIT - 1995 Property Appraisals - FILED UNDER SEAL, #5 Exhibit 4 - EXHIBIT - July 14, 1995 Deeds, #6 Exhibit 5 - EXHIBIT - June 2 Letter from Martin and Thomas Griffin - FILED UNDER SEAL, #7 Exhibit 6 - EXHIBIT - Dec 17 2010 Leases- FILED UNDER SEAL, #8 Exhibit 7 - EXHIBIT - Martom Profit and Loss Statement - FILED UNDER SEAL, #9 Exhibit 8 - EXHIBIT - Lease Renewal letters - FILED UNDER SEAL, #10 Exhibit 9 - EXHIBIT - Neubauer Letters, #11 Exhibit 10 - EXHIBIT - Distribution Checks to Betsy - FILED UNDER SEAL, #12 Exhibit 11 - EXHIBIT - April 9, 1995 Listing of Estate and trust Assets - FILED UNDER SEAL, #13 Exhibit 12 - EXHIBIT - April17, 1995 Listing of Estate and trust Assets - FILED UNDER SEAL, #14 Exhibit 13 - EXHIBIT - Dec 1, 1997 Letter and Listing of Estate and trust Assets - FILED UNDER SEAL, #15 Exhibit 14 - EXHIBIT - Trust and Administration Notes - FILED UNDER SEAL, #16 Exhibit 15 - EXHIBIT - May 19, 1995 Letter from Ruebel to D. Griffin - FILED UNDER SEAL, #17 Exhibit 16 - EXHIBIT - 1995 Craig Protein Appraisal - FILED UNDER SEAL, #18 Exhibit 17 - EXHIBIT - Craig Protein DRAFT Appraisal - FILED UNDER SEAL, #19 Exhibit 18 - EXHIBIT - Craig Protein Stock Purchase Agreements - FILED UNDER SEAL, #20 Exhibit 19 - EXHIBIT - Agreement and Plan of Reorganization of Craig Protein- FILED UNDER SEAL, #21 Exhibit 20 - EXHIBIT - Title Commitment, #22 Exhibit 21 - EXHIBIT - Thompson Hine Privilege Log - FILED UNDER SEAL, #23 Exhibit 22 - EXHIBIT - Nov 23, 2010 email from Louis Solimine - FILED UNDER SEAL, #24 Exhibit 23 - EXHIBIT - Special Warranty Deed, #25 Exhibit 24 - EXHIBIT - Dec 7, 2010 e-mail from Lou Solimine - FILED UNDER SEAL, #26 Exhibit 25 - EXHIBIT - Dec 8, 2010 email from C Griffin to Callow - FILED UNDER SEAL, #27 Exhibit 26 - EXHIBIT - KMK legal bill - FILED UNDER SEAL, #28 Exhibit 27 - EXHIBIT - Dec 13, 2010 2.09 e-mail - FILED UNDER SEAL, #29 Exhibit 28 - EXHIBIT - Dec 13, 2010 6.49 e-mail - FILED UNDER SEAL, #30 Exhibit 29 - EXHIBIT - Motion to reopen estate - FILED UNDER SEAL, #31 Exhibit 30 - EXHIBIT - ORDER re Motion to reopen estate - FILED UNDER SEAL, #32 Exhibit 31 - EXHIBIT - Quit Claim Deed, #33 Exhibit 32 - EXHIBIT - Fiduciary Deed, #34 Exhibit 33 - EXHIBIT - Jan 10, 2011 e-mail - FILED UNDER SEAL, #35 Exhibit 34 - EXHIBIT - Craig Protein Option - FILED UNDER SEAL, #36 Exhibit 35 - EXHIBIT - Martom to Griffin Lease - FILED UNDER SEAL)(Jakubowicz, Janet)
February 18, 2014 Filing 471 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Proposed Order) (Schultz, Jennifer)
February 18, 2014 Filing 470 SEALED DOCUMENT as to #484 #485 #486 Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Exhibit 85, #2 Exhibit 86, #3 Exhibit 87 #4 Exhibit 88, #5 Exhibit 89, #6 Exhibit 90, #7 Exhibit 91, #8 Exhibit 92, #9 Exhibit 93, #10 Exhibit 94, #11 Exhibit 95, #12 Exhibit 96, #13 Exhibit 97, #14 Exhibit 98, (15) Exhibit 99, #16 Exhibit 100, #17 Exhibit 101, #18 Exhibit 102, #19 Exhibit 103, #20 INCORRECT Exhibit 104, #21 Exhibit 105, #22 Exhibit 106, #23 Exhibit 107, #24 Exhibit 108, #25 Exhibit 109, #26 Exhibit 110, #27 Exhibit 111, #28 Exhibit 112, #29 Exhibit 113, #30 Exhibit 114, #31 Exhibit 115, #32 Exhibit 116, #33 Exhibit 117, #34 Exhibit 118, #35 Exhibit 119, #36 Exhibit 120, #37 Exhibit 121, #38 Exhibit 122, #39 Exhibit 123, #40 Exhibit 124 (Schultz, Jennifer) Modified to add links on 2/21/2014 (TJZ). Modified text on 2/25/2014 (TJZ). Modified to add correct Ex. 20 on 2/27/2014, pursuant to #500 Order (TJZ). (Additional attachment(s) added on 2/27/2014: #41 CORRECT Exhibit 104 (TJZ).
February 18, 2014 Filing 469 RESPONSE in Opposition re #427 MOTION for Partial Summary Judgment by Linda G. Holt , Judith E. Prewitt, and Cynthia L. Roeder filed by Keating Muething & Klekamp, PLL. (Jonson, George)
February 18, 2014 Filing 468 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Proposed Order) (Schultz, Jennifer)
February 18, 2014 Filing 467 RESPONSE in Opposition re #424 MOTION for Summary Judgment by Elizabeth A. Osborn filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Griffin Industries, LLC, Martom Properties, LLC. (Hankinson, Thomas)
February 18, 2014 Filing 466 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Proposed Order) (Schultz, Jennifer)
February 18, 2014 Filing 465 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Proposed Order) (Schultz, Jennifer)
February 18, 2014 Filing 464 MOTION for Leave by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order)(Schultz, Jennifer)
February 18, 2014 Filing 463 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Keating Muething & Klekamp, PLL (Attachments: #1 Exhibit n, #2 Exhibit 0, #3 Exhibit p, #4 Exhibit q, #5 Exhibit r, #6 Exhibit t, #7 Exhibit u (Jonson, George) Modified text on 2/25/2014 (TJZ).
February 18, 2014 Filing 462 AFFIDAVIT /Second Declaration of George D. Jonson by Keating Muething & Klekamp, PLL. (Attachments: #1 Exhibit n - January 8, 2007 Letter, #2 Exhibit o - January 8, 2007 Estate Planning Engagement, #3 Exhibit p - July 23, 2007 Letter, #4 Exhibit q - July 25, 2007 Letter, #5 Exhibit r - July 20, 2007 Estate Planning Engagement, #6 Exhibit s - October 31, 2012 Letter, #7 Exhibit t - December 18, 2013 Report/Declarataion, #8 Exhibit u - February 17, 2014 Report/Declaration)(Jonson, George)
February 18, 2014 Filing 461 RESPONSE in Opposition re #427 MOTION for Partial Summary Judgment by Linda G. Holt , Judith E. Prewitt, and Cynthia L. Roeder filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Griffin Industries, LLC, Martom Properties, LLC. (Hankinson, Thomas)
February 18, 2014 Filing 460 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, Terminate Motions by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Griffin Industries, LLC, Martom Properties, LLC (Attachments: #1 Exhibit, #2 Exhibit F (Murphy, Caitlin) Modified text on 2/25/2014 (TJZ).
February 18, 2014 Filing 459 AFFIDAVIT Declaration of Caitlin E. Murphy in Support of Defendants' Memoranda in Opposition to Plaintiffs' Motions for Summary Judgment #461 by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Griffin Industries, LLC, Martom Properties, LLC. (Attachments: #1 INCORRECT Exhibit Exhibit A - Declaration of J. Michael Whaley, #2 Exhibit Exhibit B - $1 Million Check to Osborn, #3 Exhibit Exhibit C - 1995 Annual Shareholder Meeting Booklet (Filed Under Seal), #4 Exhibit Exhibit D - Stock Purchase Agreement, #5 Exhibit Exhibit E - Third Amendment to Stock Purchase Agreement, #6 Exhibit Exhibit F - Verified Complaint of Elizabeth Osborn with Exhibits (Filed Under Seal), #7 Exhibit Exhibit G - May 12, 1982 Stock Gifts Memo, #8 Exhibit Exhibit H - February 1982 Stock Gifts Memo)(Murphy, Caitlin) Modified to create link on 2/19/2014 (TJZ). Modified text on 2/25/2014 (TJZ). (Additional attachment(s) added on 2/25/2014: #9 CORRECT Exhibit A-Declaration of J. Michael Murphy, added per Order #492 ) (TJZ).
February 18, 2014 Filing 458 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Schultz, Jennifer) Modified to clean up docket text on 2/25/2014 (LST).
February 18, 2014 Filing 457 NOTICE OF FILING by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder Deposition Transcripts of (1) Roger Means and (2) Leonard Meranus Under Seal (Attachments: #1 Exhibit 1 - December 4, 2013 Transcript of Roger Means (Filed Under Seal), #2 Exhibit 2 - September 24, 1991 Deposition Transcript of Leonard Meranus (Filed Under Seal))(Schultz, Jennifer)
February 18, 2014 Filing 456 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Griffin Industries, LLC, Martom Properties, LLC (Attachments: #1 Exhibit A) (Hankinson, Thomas) Modified to clean up docket text on 2/25/2014 (LST).
February 18, 2014 Filing 455 NOTICE OF FILING by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Griffin Industries, LLC, Martom Properties, LLC Deposition Transcript of Dennis B. Griffin Under Seal (Attachments: #1 Exhibit Exhibit A - January 29, 1992 Deposition Transcript of Dennis B. Griffin (Filed Under Seal))(Hankinson, Thomas)
February 18, 2014 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #454 MOTION for Leave to File Excess Pages by Elizabeth A. Osborn , #453 MOTION for Leave by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC Expedited Motion for Leave To File Excess Pages on February 18, 2014 (TJZ)
February 17, 2014 Filing 454 MOTION for Leave to File Excess Pages by Elizabeth A. Osborn Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order)(Lewis, Benjamin)
February 14, 2014 Filing 453 MOTION for Leave by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC Expedited Motion for Leave To File Excess Pages on February 18, 2014 Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order)(Hankinson, Thomas)
February 13, 2014 Filing 452 REPLY to #439 in Support of Expedited Motion to Compel the Production of Documents from Defendant Robert Griffin and Griffin Industries, LLC and For Sanctions filed by Elizabeth A. Osborn. (Attachments: #1 Exhibit 1 - 8/26/13 E-mail from Stephen Butler)(Jakubowicz, Janet)
February 13, 2014 ***MOTION SUBMITTED TO CHAMBERS of MAGISTRATE WIER for review: re #439 MOTION to Compel by Elizabeth A. Osborn Production of Documents from Defendant Robert Griffin, Griffin Industries and Their Counsel (TED)
February 11, 2014 NOTICE OF DOCKET MODIFICATION TO Thomas Hankinson re #451 Response in Opposition to Motion, #450 Response in Opposition to Motion, Error: attachments were insufficiently described as Exhibit A, Exhibit B.Entry by attorney; Correction: the Clerk renamed the attachments. Attachmentsmust be adequately described. Example: Exhibit A (incorrect); Exhibit AAffidavit of John Doe (correct). No further action required by counsel. cc: COR (TJZ)
February 10, 2014 Filing 451 RESPONSE in Opposition re #438 MOTION to Exclude by Elizabeth A. Osborn Defendants' and Griffin Industries LLC's Untimely Produced Documents filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Griffin Industries, LLC, Martom Properties, LLC. (Attachments: #1 Exhibit A-Subpoena to Griffin Ind, #2 Exhibit B-letter from KMK to Jakubowicz 2-15-12, #3 Exhibit C-Ptff Osborn's Interrog & Requests, #4 Exhibit D-Dennis Griffin's responses to Interrog/Requests, #5 Exhibit E-Subpoena to Griffin Ind, #6 Exhibit F-letter from KMK to DBL 7-25-13, #7 Exhibit G-letter from DBL to Callow 11-21-13, #8 Exhibit H-letter from KMK to DBL 11-26-13, #9 Exhibit I-Ptff Roeder's Interrog/Requests, #10 Exhibit J-Dennis Griffin's Objs/Resp to Roeder's Inter/Requests, #11 Exhibit K-DBL letter to KMK 11-22-13, #12 Exhibit L-KMK letter to DBL 12-4-13, #13 Exhibit M-depo of Christopher Griffin, #14 Exhibit N-KMK letter to DBL 12-18-13, #15 Exhibit O-KMK letter to DBL & Bingham Greenbaum 1-22-14, #16 Exhibit P-Subpoena to Darling International, #17 Exhibit Q-DBL letter 12-20-13, #18 Exhibit R-email re JPMorgan 1-2-14, #19 Exhibit S-email re Ray Guy 1-14-14, #20 Exhibit T-email re Bates labels, #21 Exhibit U-email re BGD 1-27-14)(Hankinson, Thomas) Modified to describe on 2/11/2014 (TJZ).
February 10, 2014 Filing 450 RESPONSE in Opposition re #439 MOTION to Compel by Elizabeth A. Osborn Production of Documents from Defendant Robert Griffin, Griffin Industries and Their Counsel filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Griffin Industries, LLC, Martom Properties, LLC. (Attachments: #1 Affidavit Declaration of Louis Solimine, #2 Exhibit 1-Letter to MJ Smith, Griffin Industries minutes, appraisal info,)(Hankinson, Thomas) Modified text on 2/11/2014 (TJZ).
February 6, 2014 Opinion or Order Filing 449 ORDER: Plaintiffs' motion for joinder #448 is GRANTED. Defendants' response to the motion to compel remains due on 2/10/2014, with any reply due on or before 2/13/2014. Signed by Magistrate Judge Robert E. Wier on 2/6/2014. (TJZ)cc: COR
February 5, 2014 Filing 448 MOTION for Joinder as to #439 by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order, #2 Exhibit A - Subpeona to Thompson Hine LLP, #3 Exhibit B - Email dated 12-9-13, #4 Exhibit C - Subpoena to Griffin Industries LLC, #5 Exhibit D - Roeder's First Set of Interrogatories to Robert Griffin)(Schultz, Jennifer) Modified to add link on 2/6/2014 (TJZ).
February 5, 2014 Filing 447 MOTION for Joinder #438 MOTION to Exclude by Elizabeth A. Osborn Defendants' and Griffin Industries LLC's Untimely Produced Documents by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order, #2 Exhibit A - Subpoena to Griffin Industries LLC, #3 Exhibit B - Letter dated 7-25-2013, #4 Exhibit C - Roeder's First Set of Interrogatories to John M. Griffin 9-23-13, #5 Exhibit D - Dennis Griffin's Response to Roeder's First Set of Interrogatories, #6 Exhibit E - Letter Dated 11-22-13, #7 Exhibit F - Letter Dated 12-4-13)(Schultz, Jennifer)
February 5, 2014 Opinion or Order Filing 446 ORDER: Sealed Motion #391 and Motion to Preclude Disclosure of Confidential Information #392 are DENIED. The defense may disclose the particular notes at issue to Janet Means. Any party objecting to this Order must do so within 14 days. Signed by Magistrate Judge Robert E. Wier on 2/5/2014.(TJZ)cc: COR
February 4, 2014 Opinion or Order Filing 445 ORDER: Defendants and any other party shall respond to the Motion to Compel #439 on or before 2/10/2014. Plaintiffs may reply by 2/13/2014. Signed by Magistrate Judge Robert E. Wier on 2/4/2014.(TJZ)cc: COR
February 3, 2014 Filing 444 SEALED DOCUMENT re #431 Sealed Document, Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order, by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Griffin Industries, LLC, Martom Properties, LLC (Attachments: #1 Exhibit Exhibit 125) (Hankinson, Thomas) Modified on 2/25/2014 (LST).
February 3, 2014 Filing 443 NOTICE OF FILING by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Griffin Industries, LLC, Martom Properties, LLC re #431 Sealed Document,,,,,,,,,,,,,,,, Corrected Exhibit #125 (Hankinson, Thomas)
February 3, 2014 Filing 442 RESPONSE in Opposition re #400 MOTION to Dismiss by Elizabeth A. Osborn Defendants' December 20, 2013 Counterclaim filed by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, John M. Griffin, John M. Griffin, John M. Griffin, Martin Griffin, Robert A. Griffin, Thomas Griffin, Griffin Industries, LLC, Martom Properties, LLC. (Murphy, Caitlin)
February 3, 2014 Opinion or Order Filing 441 ORDER: Defendants shall file a response to the motion to exclude #438 on or before 2/10/2014. Signed by Judge William O. Bertelsman on 2/3/2014.(TJZ)cc: COR
January 31, 2014 Filing 440 SEALED DOCUMENT re #439 MOTION to Compel, Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order by Elizabeth A. Osborn (Attachments: #1 Exhibit H, #2 Exhibit I, #3 Exhibit J, #4 Exhibit L) (Jakubowicz, Janet) Modified to clean up docket text on 2/25/2014 (LST).
January 31, 2014 Filing 439 MOTION to Compel by Elizabeth A. Osborn Production of Documents from Defendant Robert Griffin, Griffin Industries and Their Counsel Motions referred to Robert E. Wier. (Attachments: #1 Memorandum in Support FILED UNDER SEAL, #2 Proposed Order, #3 Exhibit A - EXHIBIT -1.30.12 Discovery to Robert Griffin, #4 Exhibit B - EXHIBIT -1.30.12 Subpoena to Griffin Industries, #5 Exhibit C - EXHIBIT - TH privilege log, #6 Exhibit D - EXHIBIT - Def's First Amended Privilege Log, #7 Exhibit E - EXHIBIT - Griffin Supplemental Privilege Log jointly held with other individuals, #8 Exhibit F - EXHIBIT - Butler 12 9 13 e-mail re TH privilege log, #9 Exhibit G - EXHIBIT - November 23, 2010 Louis Solimine E-mail, #10 Exhibit H - EXHIBIT - SEALED -January 28, 2011 KMK Invoice, #11 Exhibit I - EXHIBIT - SEALED - New Litigation Client Matter Info, #12 Exhibit I - EXHIBIT - SEALED - New Litigation Client Matter Info, #13 Exhibit K - EXHIBIT - 12.8.10 SOLIMINE E-MAIL TO WUNDERLICH, #14 Exhibit L - EXHIBIT- SEALED - 12.15.10 E-MAIL FROM PARRISH TO CALLOW)(Jakubowicz, Janet)
January 31, 2014 Filing 438 MOTION to Exclude by Elizabeth A. Osborn Defendants' and Griffin Industries LLC's Untimely Produced Documents Motions referred to Robert E. Wier. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Exhibit A - EXHIBIT - DISCOVERY TO DENNIS GRIFFIN, #4 Exhibit B - EXHIBIT -1.30.12 Subpoena to Griffin Industries, #5 Exhibit C - EXHIBIT -12.18.13 Ltr from Hankinson to Plaintiffs, #6 Exhibit D - EXHIBIT -1.22.14 Ltr from Hankinson to Plaintiffs)(Jakubowicz, Janet)
January 27, 2014 Opinion or Order Filing 437 ORDER: Motion for Leave to Exceed Page Limit #416 is granted. Holt plaintffs are given up to and including 55 pages for their summary judgment brief on the issues of breach of fiduciary duty, tortuous interference with an inheritance, and professional negligence. Signed by Judge William O. Bertelsman on 1/27/2014. (TJZ)cc: COR
January 27, 2014 Opinion or Order Filing 429 ORDER: Due to ECF system being down on Friday 1/24/2014 Defendants, Dennis Griffin, John Griffin, Robert Griffin, Martom Properties tendered their motion for summary judgment and sealed exhibits in paper to the Court. 1) The above defendants shall file their motion for summary judgment and sealed exhibits through ECF system promptly upon receipt of order. 2) Clerk accepts the filing of defendants' motion for summary judgment and sealed exhibits and Clerk shall deem said documents filed as of 1/24/2014. Signed by Judge William O. Bertelsman on 1/27/2014.(TJZ)cc: COR
January 27, 2014 ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #392 MOTION for Order by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder to Preclude Disclosure of Confidential Information (TJZ)
January 27, 2014 ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #416 MOTION for Leave by Linda G. Holt, Judith E. Prewitt, Cynthia L. Roeder to Exceed Page Limit (TJZ)
January 24, 2014 Filing 436 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment On All Plaintiffs' RICO Claims (Attachments: #1 Proposed Order)(Hankinson, Thomas) Modified to change file date pursuant to Order #429 on 1/28/2014 (TJZ).
January 24, 2014 Filing 435 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment on All Plaintiffs' Claims Regarding John L. Griffin's Estate and 1967 Trust (Attachments: #1 Proposed Order)(Hankinson, Thomas) Modified to change file date pursuant to Order #429 on 1/28/2014 (TJZ).
January 24, 2014 Filing 434 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment On All Claims Regarding 1985-1986 Griffin Industries Stock Transactions (Attachments: #1 Proposed Order)(Hankinson, Thomas) Modified to change file date pursuant to Order #429 on 1/28/2014 (TJZ).
January 24, 2014 Filing 433 MOTION for Partial Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing Of Prior Paper Motion for Summary Judgment On All Plaintiffs' Claims Regarding the Cold Spring Property (Attachments: #1 Proposed Order)(Hankinson, Thomas) Modified to change file date pursuant to Order #429 on 1/28/2014 (TJZ).
January 24, 2014 Filing 432 MOTION for Summary Judgment by Dennis B. Griffin, John M. Griffin, Robert A. Griffin, Martom Properties, LLC ECF Filing of Prior Paper Motion for Summary Judgment That All Plaintiffs' Claims Are Time-Barred (Attachments: #1 Proposed Order)(Hankinson, Thomas) Modified to change file date pursuant to Order #429 on 1/28/2014 (TJZ).
January 24, 2014 Filing 431 SEALED DOCUMENT Sealed pursuant to PROTECTIVE ORDER re #55 Protective Order by Dennis B. Griffin, Dennis B. Griffin, Dennis B. Griffin, Jo