Caruso v. Clemmens
||Fred C. Caruso
||Nelson E. Clemmens
||August 4, 2017
||US District Court for the Eastern District of Kentucky
||Karen K. Caldwell
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
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|November 5, 2018
MEMORANDUM OPINION & ORDER: The Court ORDERS AS FOLLOWS: 1. Clemmens' first motion for summary judgment 1 is GRANTED. 2. Clemmens' second motion for summary judgment 2 is DENIED. 3. Caruso's motion for partial summary judg ment 3 is GRANTED. 4. Clemmens' objections 16 are OVERRULED. 5. Caruso is AWARDED $20,000.00 for the Horse Transfers and $10,000.00 for the Trustee Transfers, for a total of $30,000.00, which may be collected from Clemme ns. Carusos claim for the recovery of the Stone Spire Transfers are dismissed. Questions remain, however, as to whether the Finders Fee Transfers were in exchange for reasonably equivalent value. 11 U.S.C. §§ 544; Del. Code. Ann. 6 § 1305. This matter shall proceed to trial in order to resolve these remaining questions of fact. Signed by Judge Karen K. Caldwell on 11/5/2018.(GLD)cc: COR
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