Bretagne, LLC v. Multi-County Recreational Board, Inc. et al
| Bretagne, LLC |
| The Multi-County Recreational Board, Inc., Estill County and Powell County |
| 5:2019cv00206 |
| May 9, 2019 |
| US District Court for the Eastern District of Kentucky |
| Danny C Reeves |
| Real Property: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on June 17, 2020. A more recent docket listing may be available from PACER.
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Filing 28
ORDER FOR MEETING AND REPORT: 1. No later than 30 days from this order, counsel shall meet as required by Rule 26(f). 2. At meeting, parties exchange disclosures. 3. No later than 10 days after meeting, parties shall file written joint report outlining proposed discovery plan, including information as stated in order. Consent to jurisdiction of magistrate form is attached. Signed by Judge Danny C. Reeves on 6/20/2019. (Attachments: #1 Consent Form)(GLD)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: #27 Answer to Complaint (GLD) |
| Filing 27 ANSWER to #1 Complaint, with Jury Demand by Estill County, The Multi-County Recreational Board, Inc., Powell County.(Osterloh, Morgan) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: #25 Notice of Posting Bond, #24 Notice - Receipt for Cash Bond (GLD) |
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Filing 26
MINUTE ENTRY ORDER FOR EVIDENTIARY HEARING (PRELIMINARY INJUNCTION HEARING) held on 5/31/2019 before Judge Danny C. Reeves: 1. Temporary Restraining Order #9 is extended until not later than 6/7/19. 2. Motion for Preliminary Injunction #3 is TAKEN UNDER ADVISEMENT. A memorandum opinion and order shall be forthcoming (Court Reporter Peggy Weber.) Signed by Judge Danny C. Reeves. (GLD)cc: COR
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| Filing 25 Receipt for $5,000 Cash Bond re #24 Notice of Posting Bond, #23 Preliminary Injunction. (GLD) |
| Filing 24 NOTICE of Posting Bond by Bretagne, LLC re #23 Order (Hunter, Barry) Modified text on 6/6/2019 (GLD). |
| Filing 23 PRELIMINARY INJUNCTION: 1. Plaintiff's #3 MOTION for Preliminary Injunction is GRANTED. 2. Defendants and persons acting at their direction are ENJOINED AND RESTRAINED from accessing or entering the plaintiffs properties, as described in the Complaint, to maintain or otherwise alter or interfere with the properties or what the defendants claim to be county or public roads. 3. Defendants are further ENJOINED AND RESTRAINED from holding themselves out as having authority to grant access to plaintiff's properties. 4. Plaintiff shall post a full-secured or cash bond in the amount of $5,000.00 at which time this injunction shall be effective. Signed and ISSUED by Judge Danny C. Reeves on 6/4/2019.(GLD)cc: COR,Finance |
| Filing 22 Witness and Exhibit List by Bretagne, LLC, Estill County, The Multi-County Recreational Board, Inc., Powell County re: motion hearing held 05/31/2019.(LKM) Modified on 6/5/2019 (STC). |
| Filing 21 RESPONSE to Motion re #3 MOTION for Preliminary Injunction by Bretagne, LLC filed by Estill County, The Multi-County Recreational Board, Inc., Powell County. (Attachments: #1 Exhibit A - Minutes from January 8, 2013, #2 Exhibit B - Minutes from March 12, 2019, #3 Exhibit C - Powell County Roads 1937, #4 Exhibit D - Powell County Road Map 1954, #5 Proposed Order)(Osterloh, Morgan) |
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Filing 20
ORDER: 1. Parties' #19 JOINT MOTION for continuance, to set briefing schedule, and extend deadline to file answer is GRANTED, in part, and DENIED, in part. 2. Request to continue hearing on Plaintiff's motion or injunctive relief is DENIED. Preliminary injunction hearing remains scheduled for 5/31/19 at 3:00 p.m., Lexington, KY. Request to set briefing schedule is DENIED. Issues raised in motion for injunctive relief shall be addressed during hearing. 3. Request for additional time to respond to Complaint is GRANTED. Each Defendant's response to Complaint shall be filed on or before 6/19/19. Signed by Judge Danny C. Reeves on 5/30/2019.(GLD)cc: COR
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| Filing 19 JOINT MOTION for Extension of Time by Estill County, The Multi-County Recreational Board, Inc., Powell County for Continuance of Hearing, to set Briefing Schedule and to extend deadline for Answer (Attachments: #1 Proposed Order)(Osterloh, Morgan) |
| Filing 18 TRANSCRIPT REQUEST by Bretagne, LLC for proceedings held on 05/10/2019 before Judge Danny Reeves.. (Hunter, Barry) |
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Filing 17
ORDER: 1. granting #16 Renewed Joint Motion to Substitute Attorney. 2. Attorneys M. Todd Osterloh and L. Scott Miller and the law firm of Sturgill, Turner, Barker & Moloney, PLLC shall be SUBSTITUTED as counsel of record for Defendants Multi-County Recreational Board, Inc., d/b/a Hollerwood Offroad Adventure, Powell County, and Estill County. 3. Attorney D. Barry Stilz is permitted to withdraw and shall be removed as counsel of record for the defendants. Signed by Judge Danny C. Reeves on 5/23/19. (JLM)cc: COR
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| Filing 16 JOINT MOTION to Substitute Attorney by Estill County, The Multi-County Recreational Board, Inc., Powell County Renewed Motion (Attachments: #1 Exhibit, #2 Proposed Order)(Osterloh, Morgan) |
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Filing 15
ORDER: denying #14 Motion to Substitute Attorney. Signed by Judge Danny C. Reeves on 5/22/19. (JLM)cc: COR
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| Filing 14 JOINT MOTION to Substitute Attorney by Estill County, The Multi-County Recreational Board, Inc., Powell County (Attachments: #1 Proposed Order)(Osterloh, Morgan) |
| Filing 13 TRANSCRIPT of Proceedings: TRO held on 05-10-2019 before Judge Danny C. Reeves. Court Reporter: Peggy W. Weber, Telephone number (859) 421-0814. Transcript ordered by: M. Todd Osterloh, 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 6/14/2019. Redacted Transcript Deadline set for 6/24/2019. Release of Transcript Restriction set for 8/22/2019. |
| Filing 12 TRANSCRIPT REQUEST for 5/10/19 Hearing re Temporary Restraining Order by Estill County, The Multi-County Recreational Board, Inc., Powell County for proceedings held on 05/10/2019 before Judge Danny C. Reeves.. (Osterloh, Morgan) |
| NOTICE OF FEE REFUND APPROVED re #11 Request for Fee Refund ; the fee transaction involving Receipt No. 0643-4355491 having been erroneously paid, the Clerk APPROVES the refund by processing a credit through the electronic credit card system. The credit refund transaction in the amount of $ 400.00 was successfully completed on 5/14/19 at 6:08 p.m. cc: COR (GLD) |
| Filing 11 REQUEST FOR FEE REFUND TO CREDIT CARD by Bretagne, LLC re #1 Complaint, . (Norman, Medrith) |
| Filing 10 MINUTE ENTRY ORDER FOR MOTION HEARING held on 5/10/2019 re #2 MOTION for Temporary Restraining Order by Bretagne, LLC filed by Bretagne, LLC. before Judge Danny C. Reeves. Counsel advised the Court an agreement regarding the TRO has been reached. This matter scheduled for a hearing on the plaintiff's motion for a preliminary injunction on Friday, May 31, 2019, at 3:00 p.m. at Lexington, Kentucky. (Court Reporter Peggy Weber.) Signed by Danny C. Reeves. (LKM)cc: COR,D Modified text on 5/13/2019 (LKM). |
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Filing 9
AGREED TEMPORARY RESTRAINING ORDER: 1. Agreed Motion for a the Entry of a Temporary Restraining Order #8 is GRANTED. 2. Motion for a Temporary Restraining Order #2 is DENIED, as moot. 3. The purpose of this Order is to maintain the status quo pending further Order by this Court. 4. defendants will not go onto plaintiff's properties, as described in the Complaint, to maintain or otherwise alter or interfere with the properties or what defendants claim to be County or public roads, until further Order by this Court. 5. plaintiff will not close the gates it recently erected at the Powell Property described in the Complaint pending further Order by this Court. 6. By agreement, this Order shall remain in effect until the Court has ruled on the Motion for a Preliminary Injunction. Motion for a Preliminary Injunction #3 is SCHEDULED for MOTION HEARING on 5/31/2019 at 3:00 PM in LEXINGTON before Judge Danny C. Reeves. Signed by Judge Danny C. Reeves on 5/10/2019.(STC)cc: COR,D
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| Filing 8 MOTION for Temporary Restraining Order by Bretagne, LLC Agreed Motion for Entry of Temporary Restraining Order (Attachments: #1 Proposed Order Order)(Norman, Medrith) |
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Filing 7
ORDER re #2 MOTION for Temporary Restraining Order filed by Bretagne, LLC, MOTION HEARING set for 5/10/2019 at 3:00 PM in LEXINGTON before Judge Danny C. Reeves. Signed by Judge Danny C. Reeves on 5/9/2019.(STC)cc: COR,D
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| Filing 5 Summons Issued as to Estill County, The Multi-County Recreational Board, Inc., Powell County; Summons issued and returned to counsel electronically for service. (STC) |
| Filing 4 FRCP 7.1 DISCLOSURE STATEMENT by Bretagne, LLC. (STC) |
| Filing 3 MOTION for Preliminary Injunction by Bretagne, LLC (Attachments: #1 Memorandum in Support, #2 Exhibit A Declaration of Larry Oliver, #3 Exhibit B - Exhibit A Tracts, #4 Exhibit C - October 12, 2018 Letter to K. Mason, #5 Exhibit D - March 22, 2019 Letter to Bretagne Oil Company, #6 Exhibit E Agreed Restraining Order, #7 Exhibit F - March 31, 2019 Letter to R. King, #8 Exhibit G - April 23, 2019 Letter to Judge Executive Anderson, #9 Exhibit H - March 12, 2019 Powell Co Meeting Minutes, #10 Exhibit I - May 1, 2019 Letter to J. Riley, #11 Exhibit K - Kentucky DOT Map, #12 Proposed Order)(STC) (Additional attachment(s) added on 5/9/2019: #13 Exhibit J - Map) (JJ). |
| Filing 2 MOTION for Temporary Restraining Order by Bretagne, LLC (Attachments: #1 Exhibit A Agreed Restraining Order, #2 Proposed Order)(STC) |
| Filing 1 COMPLAINT ( Filing fee $400; receipt number 0643-4355786), filed by Bretagne, LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons Tendered, The Multi-County Recreational Board, Inc, #3 Summons Tendered, Powell County, #4 Summons Tendered, Estill County)(STC) |
| Conflict Check run. (STC) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Reeves for review: re #2 MOTION for Temporary Restraining Order by Bretagne, LLC, #3 MOTION for Preliminary Injunction by Bretagne, LLC (STC) |
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