James T. Scatuorchio Racing Stable, LLC et al v. Walmac Stud Management, LLC et al
| James T. Scatuorchio, LLC, Bryan Sullivan, James T. Scatuorchio Racing Stable, LLC, Kevin J. Scatuorchio, Courtney Sullivan and James Scatuorchio |
| Lincoln-Walmac Associated Farms, Pty Ltd., Jane Does, (1-5), Hengst Funding, LLC, Walmac Stud Management, LLC, Saybrook Advertising, LLC, John T.l. Jones, III, Kerry T. Cauthen, Four Star Sales, LLC, Walmac Farm, LLC and John Does, (1-5) |
| 5:2011cv00374 |
| November 21, 2011 |
| US District Court for the Eastern District of Kentucky |
| Lexington Office |
| XX US, Outside State |
| Jennifer B Coffman |
| Other Contract |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
297
MEMORANDUM OPINION AND ORDER: Plts' 207 Motion for an adverse inference instruction is DENIED. Signed by Judge Danny C. Reeves on 5/27/2014. (STC)cc: COR
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Filing
295
MEMORANDUM OPINION & ORDER: 1) Dfts' 213 MOTION for Summary Judgment is GRANTED in part, DENIED in part as outlined: a. Count 2 is GRANTED re Plas' claim that expenses charged to Southern Hemisphere Co-Owners were not reasonable. Dfts� 39; motion for summary judgment is DENIED re Plas claim that Lincoln-Walmac failed to collect all stud fees due in the Southern Hemisphere; b. Count 5 is GRANTED re Plas claims that Lincoln-Walmac (i)unreasonably set advertised stud fees too high and , inflated its own fee; (ii) offered and sold nominations to its parent company, Lincoln Farm, at an unreasonably discounted price and at a price lower than those offered to Plas and (iii) contd to sell nominations to Lincoln Farm after it failed to pay for any nominations previously purchased. Dfts' motion for summary judgment is DENIED re Plas claim that Lincoln-Walmac made no effort to recoup payment from Lincoln Farm for outstanding stud fee pmts. 2. Dfts Walmac Stud Management, LLC, Wa lmac Farm, LLC, John T.L.Jones, III, and Lincoln-Walmac Associated Farms, Pty Ltd.s 213 motion for summary judgment is GRANTED, with respect to the following claims and parties: a. Count 6 for breach of covenants of good faith and fair dealing of t he Mare Agreement, by Plas Scatuorchio, LLC, Kevin Scatuorchio, Courtney Sullivan, and JTS and Co-Pla Sullivan against Dfts Walmac Farm and Walmac Stud. b. Count 7 for breach of fiduciary duties, by Plas Scatuorchio, LLC, Kevin Scatuorchio, Courtney Sullivan, and JTS against Dft Lincoln-Walmac; c. Count 9 for accounting, by Plas Scatuorchio, LLC, Kevin Scatuorchio, Courtney Sullivan, and JTS against Dft Lincoln-Walmac, and by Co-Pla Sullivan against Dfts Walmac Farm, Lincoln-Walmac, Walmac Stud, and Jones; d. Count 11 for conversion, by Co-Pla Sullivan against Walmac Stud and Jones; e. Count 12 for violation of New Jersey Consumer Fraud Act, by Co-Pla Sullivan, in its entirety; and f. Count 13 for violation of RICO, by Co-Pla Sullivan, in i ts entirety. 3. Dfts Walmac Stud Management, LLC, Walmac Farm, LLC, John T.L. Jones, III, and Lincoln-Walmac Associated Farms, Pty Ltd.s 213 motion for summary judgment is DENIED, with respect to the following claims and parties: a. Dft Lincoln-Wa lmacs counterclaims; and b. Count 3 for breach of Mare Agreement by Plas Scatuorchio, LLC,Kevin Scatuorchio, Courtney Sullivan, and JTS and Pla Sullivan against Dfts Walmac Farm and Walmac Stud. 4. Dfts Walmac Stud Management, LLC, Walmac Farm, LLC, John T.L. Jones, III, and Lincoln-Walmac Associated Farms, Pty Ltd.s 213 motion for summary judgment is DENIED, as moot, with respect to the following claims and parties: a. Count 14 for rescission/reformation, by by Plas Scatuorchio, LLC, Kevin Sc atuorchio, Courtney Sullivan, and JTS and Co-Pla Sullivan against Lincoln-Walmac; b. Counts 9 and 10, by Plas Scatuorchio, LLC, Kevin Scatuorchio, Courtney Sullivan, and JTS against Dft Walmac Farm; and c. Counts 1, 2, 4, 5, 7, 10, and 14, by Pla Sullivan, in their entirety. Signed by Judge Danny C. Reeves on 05/20/2014. (KLB) cc: COR
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Filing
290
MEMORANDUM OPINION & ORDER: Plts James T. Scatuorcho, LLC, James T. Scatuorchio, Kevin Scatuorchio, Courtney Sullivan, and Bryan Sullivan's motion to exclude Larry K. Neuzel as an expert 204 is DENIED. Signed by Judge Danny C. Reeves on 5/1/2014.(STC)cc: COR
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Filing
289
MEMORANDUM OPINION & ORDER: 1. Plts James T. Scatuorcho, LLC; James T. Scatuorchio; Kevin Scatuorchio; Courtney Sullivan; and Bryan Sullivan's motion to strike the affidavit and errata sheet of Hernon 263 is GRANTED. Affidavit and errata she et of Hernon will be stricken from the record. 2. Plts James T. Scatuorcho, LLC; James T. Scatuorchio; Kevin Scatuorchio; Courtney Sullivan; and Bryan Sullivan's motion to exclude Michael E. Hernon as an expert 196 is GRANTED. Hernon will be EXCLUDED from testifying as an expert at trial. Signed by Judge Danny C. Reeves on 4/30/2014.(STC)cc: COR
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Filing
288
MEMORANDUM OPINION & ORDER: 270 MOTION to Compel by Lincoln-Walmac Associated Farms, Pty Ltd. Arbitration as to Claims By and Against Defendant Lincoln-Walmac Associated Farms, Pty Ltd. and to Reconsider Amended Memorandum Opinion and Order is DENIED. Signed by Judge Danny C. Reeves on 4/29/2014.(STC)cc: COR
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Filing
284
MEMORANDUM OPINION & ORDER: (1) 191 MOTION in Limine to exclude opinion testimony of Roy H. Kvalo by John T.l. Jones, III, Lincoln-Walmac Associated Farms, Pty Ltd., Walmac Farm, LLC, Walmac Stud Management, LLC is GRANTED in part and DENIED i n part; (2) 197 MOTION in Limine to exclude any proffered opinion evidence re Southern Hemisphere by John T.l. Jones, III, Lincoln-Walmac Associated Farms, Pty Ltd., Walmac Farm, LLC, Walmac Stud Management, LLC is GRANTED in part and DEN IED in part; (3) 201 MOTION in Limine by John T.l. Jones, III, Lincoln-Walmac Associated Farms, Pty Ltd., Walmac Farm, LLC, Walmac Stud Management, LLC to Exclude Evidence or Claims of Advertising Expenses is GRANTED; (4) 206 MOTIO N in Limine by John T.l. Jones, III, Lincoln-Walmac Associated Farms, Pty Ltd., Walmac Farm, LLC, Walmac Stud Management, LLC to Exclude Evidence That Fees or Costs are Not Commercially Reasonable is GRANTED; (5) 219 MOTION in Limine b y John T.l. Jones, III, Lincoln-Walmac Associated Farms, Pty Ltd., Walmac Farm, LLC, Walmac Stud Management, LLC to Exclude Opinion Evidence on Ultimate Issues or Legal Conclusions is GRANTED in part and DENIED in part. Signed by Judge Danny C. Reeves on 4/25/2014.(STC)cc: COR
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Filing
271
MEMORANDUM OPINION & ORDER: 1. Dft Saybrook's Motion for Summary Judgment on Plts Fraud Claim 209 is GRANTED, in part, and DENIED, in part as moot. Specifically, Dft Saybrook's motion for summary judgment on Plt Bryan Sullivan's fr aud claim is GRANTED. Because Plts James T. Scatuorchio, LLC, James T. Scatuorchio, Kevin Scatuorchio, and Courtney Sullivan's fraud claims have been ordered to arbitration, Saybrook's motion for summary judgment on these claims is DENIED, as moot. 2. Dft Saybrook's remaining motions, 210 MOTION for Summary Judgment, 211 MOTION in Limine, 212 MOTION in Limine, 214 MOTION in Limine, 215 MOTION in Limine, 216 MOTION in Limine, 217 MOTION in Limine, 218 MOTION in Limine, 265 MOTION for Hearing, are DENIED as moot. Signed by Judge Danny C. Reeves on 4/17/2014.(STC)cc: COR
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Filing
268
MEMORANDUM OPINION AND ORDER: 1. Dfts motion to reconsider and to compel arbitration of Count 9 and 10 against Dfts Walmac Farm and Walmac Stud 131 is GRANTED. 2. Plts accounting claim in Count 9 of Second Amended Complaint against Walmac Farm shal l be submitted to arbitration in accordance with arbitration provision in COA. 3. Plts fraud claim in Count 10 of Second Amended Complaint against Walmac Farm and Saybrook shall be submitted to arbitration in accordance with arbitration provision in COA. 4. Because Plaintiff Bryan Sullivan is only a party to Mare Agreement, his accounting and fraud claims (Counts 9 and 10 of Second Amended Complaint) remain pending. Likewise, fraud claim contained in Count 10 of Second Amended Complain against Lincoln-Walmac remains pending. 5. Plts motion for leave to file third amended complaint 133 is DENIED. Signed by Judge Danny C. Reeves on 3/27/2014. (STC)cc: COR
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Filing
267
MEMORANDUM OPINION & ORDER: 165 MOTION for Summary Judgment by Walmac Farm, LLC, Walmac Stud Management, LLC of Claims of Bryan Sullivan is DENIED. Signed by Judge Danny C. Reeves on 3/19/2014.(STC)cc: COR
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Filing
127
MEMORANDUM OPINION AND ORDER: 1) Dft's 105 Motion to Dismiss Counts Five, Six, Seven, Eight, Nine, Eleven, Twelve and Fourteen for Failure to State a Claim is GRANTED with respect to the following: a) Count Seven, as it pertains to Dft Lincoln -Walmac Associated Farms, Pty Ltd; b) Count Eight in its entirety, as it pertains to Dft Walmac Farm, LLC; c) Count Eight as it relates to the Mare Agreement, against Dfts Walmac Stud Management, LLC and John T.L. Jones, III; d) Count Nine, in its en tirety, as it pertains to Dft Saybrook Advertising, LLC; e) Count Eleven, in its entirety, as it pertains to Dfts Walmac Farm, LLC and Lincoln-Walmac Associated Farms, Pty Ltd; f) Count Twelve, in its entirety, as it pertains to Dft Walmac Farm, LLC . 2) Dft's 105 Motion to Dismiss is DENIED with respect to the remaining Counts. 3) Pla's 112 Motion to Strike Attachment to Dft's Reply in Support of Their Motion to Dismiss is DENIED, as moot. Signed by Judge Danny C. Reeves on 04/19/2013. (KLB) cc: COR
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Filing
103
AMENDED MEMORANDUM OPINION & ORDER: Dfts' 75 second renewed motion to dismiss in favor of arbitration or mediation is DENIED. Dft's 76 motion to stay any non-arbitrable claims pending completion of arbitration is DENIED. Plas' clai ms in counts 1, 2, 4, 5, 7, 9 through 13 and part of counts 8 and 14 of the second amended verified complaint, as they pertain to the parties James T. Scatuorchio, LLC, Walmac Stud Management, LLC, John T.L. Jones, III, James Scatuorchio, Kevin Scatu orchio and Courtney Sullivan shall be submitted to arbitration in accordance with the arbitration privision provided in the stallion co-ownership agreement. All remaining claims in this action shall proceed in the ordinary course of litigation, as d irected by the scheduling orders of this court. Dfts' 31 renewed motion to dismiss in favor or arbitration or mediation is DENIED as moot. Parties shall file a joint written report as to the status of arbitrable claims on 3/15/2013 or within 10 days of the conclusion of arbitration, whichever occurs earlier. This document supersedes the 86 memorandum opinion and order. Signed by Judge Jennifer B Coffman on January 2, 2013. (AWD) cc: COR
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Filing
86
MEMORANDUM OPINION & ORDER: Dft's 75 second renewed motion to dismiss in favor of arbitration or mediation is DENIED; Dfts 76 motion to stay any non-arbitrable claims pending completion of arbitration is DENIED; Pla's claims in the 2nd amended verified complaint shall be submitted to arbitration; Remaining claims in this action shall proceed in the ordinary course of litigation as directed by further order of the Court; Dft's 31 renewed motion to dismiss in favor of arbitrat ion or mediation is DENIED as moot; Parties shall file a joint written report as to the status of arbitrable claims on 12/15/2012 or w/i 10 days of the conclusion of arbitration, whichever occurs earlier. Signed by Judge Jennifer B Coffman on 09/13/2012. (KLB) cc: COR
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Filing
71
MEMORANDUM OPINION & ORDER: It is ordered that the plas' 62 MOTION for Leave to File Second Amended Complaint is GRANTED. The second amended complaint is deemed filed as of the date of entry of this order. Signed by Judge Jennifer B Coffman on 5/4/2012.(SCD)cc: COR
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