Blevins-Clark v. Beacon Communities, LLC et al
| Laura Blevins-Clark |
| Beacon Communities, LLC, The Beacon Companies, Inc., Keystone Values, LLC, NDC Realty Investments, LLC, NIDC Housing Corp. and Malvern Service Corp. |
| 5:2022cv00281 |
| October 21, 2022 |
| US District Court for the Eastern District of Kentucky |
| Gregory F VanTatenhove |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 12, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| ***FILE SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: #17 Status Report (KM) |
| Filing 17 JOINT STATUS REPORT by Malvern Service Corp., NIDC Housing Corp.. (Attachments: #1 Attachment Mediator's Report)(Leet, Byron) |
| Filing 16 SUMMONS RETURNED by Laura Blevins-Clark: SERVICE BY SECRETARY OF STATE to Malvern Service Corp. COMPLETED on 12/5/2022. Secretary of State return states Certified Mail (return receipt requested). (SLH) |
Filing 15
ORDER: 1) Ms. Blevins-Clarks' #4 MOTION for a Preliminary Injunction is DENIED as moot w/ prejudice. 2) Ms. Blevins-Clark SHALL NOT prevent the Dft Entities from conveying good and marketable title to the apartments to Amity Companies, LLC. 3) Upon consummation of the pending sale of the Apartment Complexes, Dft Entities SHALL, within ten days after the closing and exchange of funds with the buyer, deposit and escrow the amount of $701,382 into the IOLTA account controlled by the law firm of Wyatt, Tarrant & Combs, LLP, and provide Ms. Blevins-Clark with proof of such deposit in the form of a bank statement or other similar documentation. 4) The Dft Entities SHALL notify the Court that they have deposited the escrow funds with Wyatt, Tarrant & Combs no later than ten days after the closing and exchange of funds with the buyer. 5) The Dft Entities SHALL notify the Court that they have deposited the escrow funds with Wyatt, Tarrant & Combs no later than ten days after the closing and exchange of funds with the buyer. 6) The Parties SHALL notify the Court of the results of their settlement attempts on or before December 18, 2022. 7) In the event a settlement is not achieved: a. The Defendant Entities SHALL answer or otherwise respond to Ms. Blevins- Clark's Complaint on or before December 30, 2022, regardless of whether service of process of the Complaint has been perfected through the Kentucky Secretary of State's office by that time; and b. Any further litigation in this case SHALL center upon the proper disposition of proceeds received by the Dft Entities in connection with a sale of the Apartment Complexes, which litigation shall not affect, encumber, cloud, or otherwise impair title to the Apartment Complexes. 8) Nothing in this Order shall be interpreted to suggest: (i) that Ms. Blevins- Clark is entitled to proceeds from the sale of the Apartment Complexes; (ii) that the Escrow Fund is sufficient to satisfy her claim to certain proceeds from the sale of the Apartment Complexes, or (iii) that she has waived any claim or cause of action as to the type or amount of any of the three monetary damages alleged in the Complaint by virtue of having entered into the present agreement; and, 9) Wyatt, Tarrant & Combs, LLP SHALL NOT disburse any of the escrow funds described in this order absent further order of this Court. Signed by Judge Gregory F. VanTatenhove on 11/28/2022. (MDC) cc: COR
|
| Filing 14 NOTICE TO ATTORNEY Lauren R. Nichols by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: #1 Admission Pkt)(JLM) |
| Filing 13 Proposed Agreed Order by Beacon Communities, LLC, Keystone Values, LLC, NDC Realty Investments, LLC, The Beacon Companies, Inc.. (Lewis, Benjamin) |
| Attorney Update. Attorney Lauren R. Nichols for Beacon Communities, LLC,Lauren R. Nichols for Keystone Values, LLC,Lauren R. Nichols for NDC Realty Investments, LLC,Lauren R. Nichols for The Beacon Companies, Inc. added. (JLM) |
| ***PROPOSED AGREED ORDER SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #13 Proposed Agreed Order by Beacon Communities, LLC, Keystone Values, LLC, NDC Realty Investments, LLC, The Beacon Companies, Inc. (JLM) |
| Filing 12 SUMMONS RETURNED SERVICE BY SECRETARY OF STATE to NDC Realty Investments, LLC COMPLETED on 10/31/2022. Secretary of State return states: this office served the defendant by sending a copy of the summons and accompanying documents via certified mail, return receipt requested on October 31,2022. Return receipt enclosed. (MDC) |
| Filing 11 SUMMONS RETURNED SERVICE BY SECRETARY OF STATE to Keystone Values, LLC COMPLETED on 10/31/2022. Secretary of State return states this office served the defendant by sending a copy of the summons and accompanying documents via certified mail, return receipt requested on October 31,2022. (Attachments: #1 Return Receipt)(SAM) |
| Filing 10 MEMORANDUM IN SUPPORT of #8 , #4 Plaintiff's Motion for a Preliminary Injunction filed by Laura Blevins-Clark. (Epstein, Andrew) |
| Filing 9 Summons Returned Unexecuted as to NIDC Housing Corp. (SAM) |
|
Filing 8
ORDER : 1. The Plaintiff, Ms. Blevins-Clark, shall have up to and including Wednesday, November 9, 2022, to file briefing supplemental to her Motion for a TRO [R. 4]; 2. The Defendant Entities shall have up to and including Wednesday, November 23, 2022, to file their responses; 3. Ms. Blevins-Clark may, but is not required to, reply to the Entities. Ms. Blevins-Clark shall have up to and including Tuesday, November 29, 2022, to file any reply; 4. All briefing filed by both parties SHALL comply with Local Rule 7.1; 5. MOTION HEARING set for 12/2/2022 at 02:30 PM in FRANKFORT before Judge Gregory F. VanTatenhove. Signed by Judge Gregory F. VanTatenhove on 11/02/22.(JLM)cc: COR,FRKCK
|
|
Filing 7
MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 11/2/2022 before Judge Gregory F. VanTatenhove: The Court having heard statements of counsel and being otherwise duly and sufficiently advised, hereby ORDERS that Plaintiff's Motion for Temporary Restraining Order, construed as a motion for Preliminary Injunction, R. #4 , isTAKEN UNDER ADVISEMENT. An order setting a briefing schedule, hearing and outlining the Court's specific ruings in this matter is forthcoming. (Court Reporter Sandy Wilder.) Signed by Judge Gregory F. Van Tatenhove. (JLM)cc: COR
|
| Attorney Update. Attorney Benjamin Joel Lewis for Beacon Communities, LLC,Benjamin Joel Lewis for Keystone Values, LLC,Byron E. Leet for Malvern Service Corp.,Benjamin Joel Lewis for NDC Realty Investments, LLC,Byron E. Leet for NIDC Housing Corp.,Benjamin Joel Lewis for The Beacon Companies, Inc. added. (JLM) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: #6 Notice (JLM) |
| Filing 6 NOTICE by Laura Blevins-Clark re #5 Order,,,, Set Hearings,,,, Terminate Motions,,, Notice of Compliance (Attachments: #1 Exhibit Email 10-28-22)(Epstein, Andrew) |
|
Filing 5
ORDER: 1) Pla's #4 MOTION for Temporary Restraining Order is CONSTRUED as a Motion for Preliminary Injunction; 2) Pla is DIRECTED to undertake all reasonable efforts to serve the Dfts with a copy of the Complaint and this Order with all haste. 3) TELEPHONE HEARING to discuss preliminary relief is SCHEDULED for 11/2/2022 at 01:30 PM with Judge Gregory F. VanTatenhove sitting in Frankfort; 4) To join the teleconference, the parties are DIRECTED to call CMS Teleconferencing at 1-571-353-2301 and enter Meeting ID 085662784 (followed by #). Parties may also join the conference from a computer, mobile phone, or tablet by copying the following link into a web browser: https://meet.uc.uscourts.gov/meeting/085662784?secret=9hq7FrC0LpGQQhC3LT..cA Signed by Judge Gregory F. VanTatenhove on 10/28/2022. (MDC) cc: COR, FRA
|
| ***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #4 MOTION for Temporary Restraining Order by Laura Blevins-Clark (JLM) |
| NOTICE RE: DOCUMENT CONVERSION REQUIREMENT TO Andrew Epstein re #4 MOTION for Temporary Restraining Order by Laura Blevins-Clark ; Error: the pleading was scanned instead of converted into PDF format directly from the native word application. Use a scanner ONLY if you cannot electronically prepare your documents with a word processing software package and convert them to PDF format. No further action required by counsel. cc: COR (JLM) |
| Filing 4 MOTION for Preliminary Injunction by Laura Blevins-Clark (Attachments: #1 Exhibit Purchase & Sale Agreement Excerpts, #2 Affidavit Affidavit in support of TRO, #3 Proposed Order)(Epstein, Andrew) Modified Text per #5 Order on 11/2/2022 (MDC). |
| Filing 3 Summons Issued as to Beacon Communities, LLC, Keystone Values, LLC, Malvern Service Corp., NDC Realty Investments, LLC, NIDC Housing Corp., The Beacon Companies, Inc.; Summons issued and returned to counsel by U.S. Mail for service by Kentucky Secretary of State. (Attachments: #1 Summons The Beacon Companies, Inc., #2 Summons Keystone Values, LLC, #3 Summons NDC Realty Investments, LLC, #4 Summons NIDC Housing Corp., #5 Summons Malvern Service Corp.)(SAM) |
| Conflict Check run. (SAM) |
| Filing 1 COMPLAINT ( Filing fee $402; receipt number AKYEDC-5394621), filed by Laura Blevins-Clark. (Attachments: #1 Exhibit Defendant business registration & citizenship info, #2 Exhibit Addresses of partnership properties, #3 Exhibit Madison Ave. Partnership Agreement, #4 Exhibit Beattyville Manor Partnership Agreement, #5 Exhibit Jackson Street Towers Partnership Agreement, #6 Exhibit Campbellsville Manor Partnership Agreement, #7 Exhibit Greater Corbin Manor Partnership Agreement, #8 Exhibit Probate Documents, #9 Exhibit Purchase & Sale Agreement, #10 Exhibit Correspondence 3-24-22, #11 Exhibit Death Provision of Partnership Agreement, #12 Exhibit Financial Report 4-4-22, #13 Exhibit Correspondence 5-3-22, #14 Exhibit Correspondence 6-28-22, #15 Exhibit 2015 IRS schedule K1, #16 Exhibit 2016 IRS schedule K1, #17 Exhibit 2017 IRS schedule K1, #18 Exhibit 2019 IRS schedule K1, #19 Exhibit 2021 IRS schedule K1, #20 Exhibit Emails 5-19-22, #21 Civil Cover Sheet, #22 Summons Beacon Communities, LLC, #23 Summons The Beacon Companies, Inc., #24 Summons Keystone Values, LLC, #25 Summons NDC Realty Investments, LLC, #26 Summons NIDC Housing Corp., #27 Summons Malvern Service Corp.)(SAM) Modified on file date 10/24/2022 (SAM). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Kentucky Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
