Schweers et al v. Stewart et al
||Jane Schweers and Ashley T. Schweers
||Lindsay Stewart, III, Mollie McKenzie Stewart and Lynnwood Farm, Inc.
||July 2, 2009
||US District Court for the Eastern District of Kentucky
||Karen K. Caldwell
|Nature of Suit:
|Cause of Action:
||28 U.S.C. § 1332 Diversity-Injunctive & Declaratory Relief
|Jury Demanded By:
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|March 16, 2010
MEMORANDUM OPINION & ORDER: (1) Defendants' 8 MOTION to Dismiss is DENIED in part and GRANTED in part. (2) The motion is GRANTED as to the Plaintiffs' request for an order partitioning the Farm Property; an order dissolving the corporati on and appointing a receiver; an order restraining Lindsay from taking further action as executor of the estate; an order requiring a settlement of the estate; and an order requiring an accounting of the estate. Accordingly, the Court DISMISSES with out prejudice Counts I, II, III and IV insofar as Count IV seeks an order requiring an accounting of the estate. The Motion to Dismiss is otherwise DENIED. (3) Defendants' 8 Motion to Abstain or Hold in Abeyance is DENIED. (4) The sole remaini ng claims in this action are the Schweers' breach of fiduciary duty claims against Lindsay as executor and their claim seeking an accounting of the financial transactions involving the corporation. (5) Defendants' 8 Motion for Extension of Time in which to Answer is GRANTED. Defendants' SHALL FILE an answer within 20 days of entry of this order. Signed by Judge Karen K. Caldwell on March 16, 2010.(AWD)cc: COR
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