New London Tobacco Market, Inc. v. Kentucky Fuel Corporation et al
| New London Tobacco Market, Inc. |
| Kentucky Fuel Corporation and James C. Justice Companies, Inc. |
| 6:2012cv00091 |
| May 8, 2012 |
| US District Court for the Eastern District of Kentucky |
| London Office |
| Laurel |
| Gregory F. VanTatenhove |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
715
MEMORANDUM OPINION & ORDER: 1. The Dfts' Objections [R. 586 ] are OVERRULED; 2. Judge Ingram's Order regarding discovery on the issue of contempt [R. 565 ] is AFFIRMED; 3. To the extent that Judge Ingram's Order [R. 565 ] discusses at torney's fees, it is CONSTRUED as a report and recommendation to the district court, and it is adopted for and as the opinion of this Court; 4. W/in 14 days of the entry of this Order, New London SHALL submit an amended accounting of its attorne ys' fees incurred because of Kentucky Fuel's violations of Judge Ingram's Order [R. 505 ] compelling compliance w/ discovery requests. The accounting SHALL exclude any expenses incurred prior to the entry of the Order dated 4/16/2021; 5. Kentucky Fuel SHALL file any objection to the renewed accounting w/in 24 days of the entry of this Order; 6. Kentucky Fuel's Objections [R. 676 ] to the Order dated 12/16/2022, are OVERRULED as moot; 7. New London's Motion for Contempt [R. 688 is DENIED as moot; and 8. Kentucky Fuel's Motion to Stay [R. 693 ] is DENIED as moot. Signed by Judge Gregory F. Van Tatenhove on 8/30/2023.(APR)cc: COR
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Filing
698
MEMORANDUM OPINION & ORDER: 1. The Plaintiffs' Motion to Show Cause [R. 634 ] is GRANTED; and 2. The Court will schedule a hearing by subsequent order. Signed by Judge Gregory F. Van Tatenhove on 03/28/2023.(KJA)cc: COR
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Filing
696
MEMORANDUM OPINION & ORDER re 650 MOTION for Order by Fivemile Energy, LLC, New London Tobacco Market, Inc. for Withdrawal of Bond and Interest Accrued: 1. The Plaintiff's Motion [R. 650 ] is GRANTED; AND 2. The Clerk is DIRECTED t o disburse the $10,000 paid into court [R. 479 ] to Brock Shipe and Klenk PLC as counsel for the Plaintiffs, at 265 Brookview Centre Way, Suite 604, Knoxville, Tennessee 37919, to be held in trust for the Plaintiffs, in satisfaction of this Court's judgment of $10,000 for Rule 11 sanctions [R. 466 ; 467 ]. Signed by Judge Gregory F. Van Tatenhove on 3/23/2023.(APR)cc: COR, Finance
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Filing
466
MEMORANDUM OPINION & ORDER: It is hereby ORDERED as follows: 1. Defendants' Motion for Reconsideration [R. 447 ] is DENIED; 2. Defendants' Motion for Oral Argument [R. 450 ] is DENIED; 3. Plaintiffs' Motion for Sanctions Under Rule 11 [R. 457 ] is GRANTED IN PART. Plaintiffs are awarded monetary sanctions against the Getty Law Group and Mr. Richard Getty in the amount of $10,000.00; 4. Defendants SHALL PAY Plaintiffs the $10,000.00 owed as sanctions within th irty (30) days of the entry of this Order, and are hereby ADMONISHED not to present misleading and frivolous arguments to the Court in the future; 5. Plaintiffs' Statement of Attorneys' Fees, Expenses, and Costs [R. 448 ] is ACCEPTED; 6. Defendants SHALL PAY $838,316.03 in fees and expenses to John Lucas's firm, $103,423.13 in fees and expenses to Scott Websters firm, $40,659.41 in fees and expenses due to Culver Schmid's firm, and $59,098.00 in fees and expenses due to Plaintiffs, for a combined total $1,041,496.57 in fees and expenses; and 7. Judgment shall enter contemporaneously. Signed by Judge Gregory F. Van Tatenhove on 04/24/2020.(KJA)cc: COR
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Filing
445
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 437 Report and Recommendations: 1) For Count I, as of June 26, 2019, Defendants owe $970,000 in unpaid retainer fees. That amount continues to increase by $10,000 on the first of each mont h. Therefore, Defendants currently owe $1,000,000, compoundedannually at 8% interest; 2) For Count II, Defendants owe $16,990,900 in lost tonnage royalties, asdetermined by the independent arbiter, with pre-judgement interestcompounded annually at 8% interest, beginning May 1, 2012;3. As compensatory damages under Count V, Defendants owe $20,000 for theStrong Brothers lease reimbursements, plus 8% interest beginning October 14,2011 for the first $5,000; October 4, 2012 for the second $5,000 payment;November 22, 2013 for the third $5,000 payment; and April 28, 2016 for thefourth $5,000 payment. In addition to the foregoing, Defendants also owe$17,010,900 in punitive damages, without inte rest: 4. Under Section 14 of the Fourth Amendment, Defendants owe "all attorney fees and expenses in connection with this lawsuit, without interest. Within thirty (30) days of entry of this Order, Plaintiffs SHALL FILE an affidavit of fees and c osts, and Defendants shall have fourteen (14) days to respond. 5. Plaintiffs' Renewed Motion for Sanctions [R. 378] is DENIED; and 6. Defendants' Motion for leave to file a Sur-Reply [R. 431] is DENIED.. Signed by Judge Gregory F. VanTatenhove on 9/23/19.(MRS)cc: COR
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Filing
404
MEMORANDUM,OPINION AND ORDER: Accordingly, and the Court being sufficiently advised, Plaintiff's Motion for Recusal [R. 388 under 28 U.S.C. § 144 and § 455 is hereby DENIED. Signed by Judge Gregory F. VanTatenhove on 11/28/18. (MRS) cc: COR,
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Filing
368
MEMORANDUM OPINION & ORDER: 1) Plas' objs 348 are OVERRULED and the parties are directed to comply with MJ Ingram's decision at 345 ; 2) Plas' motion for leave to respond to dfts' 351 is DENIED; 3) MJ shall schedule an evidentiary hearing at his convenience; 4) Plas' motion for sanctions 356 is DENIED WITHOUT PREJUDICE. Signed by Judge Gregory F. VanTatenhove on 7/27/18.(MRS)cc: COR
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Filing
341
MEMORANDUM OPINION AND ORDER: This Court DENIES the Defendants Motion to Set Aside Default 304 . See Burrell, 434 F.3d at 831-32. Further proceedings regarding damages will be managed by the Magistrate.. Signed by Judge Gregory F. VanTatenhove on 6/23/2017. (JMB)cc: COR
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Filing
321
MEMORANDUM OPINION & ORDER: 1) The Magistrate's Recommended Disposition 302 as to Pla's Renewed Motion Under Rule 55 is DENIED; 2) Dfts' first objection to the Magistrate's Recommended Disposition 305 requesting an evidentiar y hearing is SUSTAINED and their other objs are DENIED as MOOT; 3) Pla's Renewed Motion Under Rule 55 270 is DISMISSED w/out PREJUDICE pending an evidentiary hearing w/parties to follow direction from Judge Ingram as to refiling; and 4) The case is referred to Magistrate Hanly A. Ingram to conduct an evidentiary hearing to assess damages in accordance w/this Order. Signed by Judge Gregory F. VanTatenhove on 3/31/17.(MRS)cc: COR
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Filing
285
MEMORANDUM OPINION & ORDER: 1) Magistrate's R/R 259 is ADOPTED as and for the opinion of the Court; 2) Plas' Supplemental Motion for Atty Fees 240 is GRANTED in PART; 3) Court HEREBY AWARDS the Plas $109,789.75 in fees and expenses. Signed by Judge Gregory F. VanTatenhove on 07/20/2016.(MRS)cc: COR
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Filing
206
MEMORANDUM OPINION & ORDER: 1. The Magistrate's Recommended Disposition [R. 189 is ADOPTED as and for the Opinion of the Court; 2. As such, Plaintiffs motions filed at Docket Entries 131, 134, and 170 SHALL BE GRANTED IN PART and DENIED IN PA RT as is consistent with the Report and Recommendation and this Order. Specifically, default judgment is GRANTED as to liability on Counts I, II, and V. As the Plaintiffs did not sufficiently tie their discovery-related injuries to the merits of the claims in Count III and IV, that Plaintiffs motions are denied as to those claims; 3. The Court will hold a hearing at a later date on the issue of what award of expenses, including attorney's fees, is appropriate; 4. The Defendants' Motion to Strike [R. 199 is GRANTED and Plaintiffs' Notice of Supplemental Authority at Docket Entry 198 is STRICKEN from the Record; and, 5. Defendant's Motion for Summary Judgment [R. 125 is DENIED as MOOT as to Counts I and II and DENIED on the MERITS as to Count IV. Signed by Judge Gregory F. VanTatenhove on 09/30/2014.(MRS)cc: COR
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Filing
155
MEMORANDUM OPINION & ORDER: Having considered the record, applicable law and the arguments of the parties, the Court hereby ORDERS the Defendants' motion to dismiss Count Five [R. 44] is DENIED. Signed by Judge Gregory F. Van Tatenhove on 12/16/2013.(MRS)cc: COR
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