Limbright et al v. Hofmeister et al
Plaintiff: James H Limbright and Henry J Limbright
Defendant: George Hofmeister, Kay Ramsay Hofmeister, Nelson Clemmens and John Doe
Case Number: 5:2009cv00107
Filed: April 1, 2009
Court: US District Court for the Eastern District of Kentucky
Office: Contract: Recovery/Enforcement Office
County: XX US, Outside State
Presiding Judge: Karl S. Forester
Nature of Suit: None
Cause of Action: Diversity
Jury Demanded By: 28:1332 Diversity-Contract Default

Available Case Documents

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Date Filed Document Text
November 15, 2012 Opinion or Order Filing 266 OPINION AND ORDER: (A) Plas' original 254 Motion to Appoint Receiver is DENIED AS MOOT. (B) Plas' 255 Corrected Motion to Appoint Receiver is DENIED WITHOUT PREJUDICE. Signed by Judge Karl S. Forester on November 15, 2012. (AWD) cc: COR
November 2, 2012 Opinion or Order Filing 264 OPINION AND ORDER: (1) The Children's 258 MOTION for Leave to Deposit Funds and accrued interest into court is GRANTED. (2) Clerk shall cause the deposited monies to be invested in the Court Registry Investment System. (3) Pursuant to the d irective of the Judicial Conference of the US, the Clerk shall deduct a Registry Fee equal to 10% of the interest earned for the first five years, 7.5% for the next five years and 5% for the next five years and no less than 2% the reafter. (4) Clerk shall deduct the registry fee prior to the disbursement of funds without further orders of this Court. (5) Plas shall be responsible for any fees associated with maintaining the court deposit. (6) Upon receipt of notice of the depo sit, the Court will enter an order that the Children have fully satisfied certain judgments to Plas and are relieved from any further obligation for those judgments, but are not relieved from any obligation re the Judgment entered by this Court on 10/18/2012. Signed by Judge Karl S. Forester on November 2, 2012. (AWD) cc: COR,F
October 18, 2012 Opinion or Order Filing 261 OPINION AND ORDER: Pla's 251 Request for fees and expenses is GRANTED IN PART and that judgment shall be entered in favor of Plas in the sum of $512,539.28, plus expenses of $15,928.32 and against all Dfts with exception of the Hofm eister Children, Scott R. Hofmeister, Jamie S. Hofmeister, and Megan Hofmeister personally. Nonetheless, the Florida Condo owned by the Children shall remain subject to the judgment. Signed by Judge Karl S. Forester on October 18, 2012. (AWD) cc: COR
March 22, 2012 Opinion or Order Filing 247 OPINION AND ORDER: (1) pltfs' 229 MOTION to award atty fees & nontaxable expenses is GRANTED IN PART; (2) award of fees does not apply to Hofmeister Children personally; (3) pltf to submit detailed records of fees & expenses claiming in order that Court can determine reasonableness OOB 4/5/2012; (4) dft may file obj to amounts OOB 4/12/2012 at which time matter will be submitted to Court. Signed by Judge Karl S. Forester on 03/22/2012.(RJD)cc: COR Modified on 3/22/2012 (RJD).
March 14, 2012 Opinion or Order Filing 246 OPINION AND ORDER: Plaintiffs' 227 response regarding calculation of amounts due under the Kentucky Judgment, treated as a motion to clarify, and Plaintiffs' additional 233 motion to alter or amend judgment are GRANTED. Signed by Judge Karl S. Forester on March 14, 2012. (AWD) cc: COR
February 28, 2012 Opinion or Order Filing 244 OPINION & ORDER: It is ORDERED that Supplementary Dfts' 230 MOTION to alter, amend, reconsider, vacate and set aside the Court's November 14, 2011 223 Judgment is DENIED. Signed by Judge Karl S. Forester on February 28, 2012.(AWD) cc: COR
November 14, 2011 Opinion or Order Filing 222 OPINION AND ORDER: (A) Plaintiffs' 180 Motion for Summary Judgment is GRANTED IN PART, but is DENIED IN PART with respect to Plaintiffs' claims for double recovery, fees and punitive damages. (B) Dfts' 181 Motion for Summary Judgm ent is GRANTED IN PART with respect to Plaintiffs' claims for double recovery, fees and punitive damages; all other aspects of Dfts' motion are DENIED. (C) A Judgment in favor of Plaintiffs and against all Dfts will be entered contemporaneo usly with this Opinion and Order. (D) Dfts' 189 request for oral argument is DENIED as moot. (E) Dfts' 221 Motion regarding attendance at the November 17, 2011, pretrial conference is DENIED as moot. Signed by Judge Karl S. Forester on November 14, 2011. (AWD) cc: COR
June 13, 2011 Opinion or Order Filing 149 OPINION AND ORDER: (1) Plaintiffs' 140 Motion to File a Second Amended Complaint is GRANTED IN PART and DENIED IN PART. (2) The proposed changes in the tendered Second Amended, except punitive damages, are GRANTED. (3) The proposal to add claims for punitive damages is DENIED. (4) Plaintiffs shall file a Second Amended Complaint in conformity with this Order NLT 6/15/2011. Signed by Judge Karl S. Forester on June 13, 2011. (AWD) cc: COR
August 25, 2010 Opinion or Order Filing 84 OPINION AND ORDER: (A) The 62 Motion of Supplementary Dft Megan G. Hofmeister to Partially Dismiss the First Amended Complaint is DENIED. (B) The 76 Motion of Supplementary Dft Jamie S. Hofmeister to Partially Dismiss the First Amended Complaint is DENIED. Signed by Judge Karl S. Forester on August 25, 2010. (AWD) cc: COR
April 27, 2010 Opinion or Order Filing 58 OPINION & ORDER: The Supplementary Defendants' 54 MOTION for Partial Dismissal of First Amended Complaint is DENIED. Signed by Judge Karl S. Forester on April 27, 2010. (AWD) cc: COR
February 1, 2010 Opinion or Order Filing 46 OPINION AND ORDER: It is ordered that Dfts' 40 Motion to Dismiss is DENIED in part and GRANTED in part. The motion is granted to the limited extent that Plas seek relief with respect to assets own by the Children but the dismissal is w/o prejudice to Plas' stated intention to move to file an amended complaint. Any proposed amended complaint shall be tendered with a motion on or before 2/15/2010. Signed by Judge Karl S. Forester on 2/1/2010. (SCD)cc: COR
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Plaintiff: James H Limbright
Represented By: Bruce N. Elliott
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Plaintiff: Henry J Limbright
Represented By: Bruce N. Elliott
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Defendant: George Hofmeister
Represented By: Andrew W. Mychalowych
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Defendant: Kay Ramsay Hofmeister
Represented By: Andrew W. Mychalowych
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Defendant: Nelson Clemmens
Represented By: Andrew W. Mychalowych
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Defendant: John Doe
Represented By: Lindsay K. James
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