The Huntington National Bank, As Trustee v. Saint Catharine College, Inc.
| Huntington National Bank |
| Saint Catharine College, Inc. |
| LS Associates, LLC, Solely As Receiver For St. Catharine College, Inc. |
| 3:2016cv00465 |
| July 19, 2016 |
| US District Court for the Western District of Kentucky |
| Louisville Office |
| Washington |
| David J. Hale |
| Negotiable Instrument |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
111
MEMORANDUM AND OPINION & ORDER by Judge David J. Hale on 12/12/2017; re 101 MOTION (EXPEDITED) For Order (I) Approving Sale Procedures and Bidding Protections to be Employed in Connection With the Proposed Sale of Saint Catharine College, Inc.&# 039;s Real Estate and Other Assets, (II) Scheduling an Auction and Hearing to Cons filed by LS Associates, LLC, Solely As Receiver For St. Catharine College, Inc., 97 MOTION Reduce Funds Held in Student Refund Account re 19 Order on Motio n for Miscellaneous Relief filed by LS Associates, LLC, Solely As Receiver For St. Catharine College, Inc., 80 MOTION For Leave to Proceed with Pending Litigation filed by Ellis Towing, LLC, 78 MOTION for Leave to < i>Lift Receivership Stay filed by Scott Scheerhorn, Robert Akin, Becky Lee Meadows, Robert Hutchings re 86 Stipulation filed by Saint Catharine College, Inc., Ellis Towing, LLC. IT IS ORDERED that LS Associates motion to reduce funds in the Student Refund Account (D.N. 97) is GRANTED. LS Associates motion for approval of its proposed sale-procedures order (D.N. 101) is GRANTED. The sale-procedures order will be entered separately. Nonparties Becky Lee Meadows, Scott Scheerhorn, R obert Akin, and Robert Hutchinss motion to proceed with the filing of a putative class action against Saint Catharine (D.N. 78) is GRANTED IN PART. The nonparties may proceed with the proposed litigation only after the sale of Saint Catharines real e state and to the extent that insurance coverage is available to indemnify Saint Catharine for the claims asserted. Pursuant to the stipulation filed by Ellis Towing and Saint Catharine, Ellis Towings motion to proceed with pending litigation in Washington County, Kentucky Circuit Court (D.N. 80) is GRANTED. Ellis Towing may proceed with its third-party claim as agreed. (See D.N. 86).cc:counsel (ARM)
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Filing
68
MEMORANDUM OPINION AND ORDER by Judge David J. Hale on 12/16/2016 - The joint motion to approve the sale of 3161 Bardstown Road (D.N. 27) is GRANTED. Farmers' request to marshal the assets (D.N. 36) is denied. The joint motion to approve the sale of 2670 Bardstown Road (D.N. 32) is GRANTED. Farmers' request to marshal the assets (D.N. 42) is denied. The joint motion to expedite a hearing on pending sale motions (D.N. 33) is DENIED AS MOOT. cc: Counsel(DAK)
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Filing
57
MEMORANDUM OPINION AND ORDER by Judge David J. Hale on 11/10/2016 - The Court declines to alter or amend its Order. Because Farmers fails to satisfy all three elements of § 1292(b), the Court will not certify that order for interlocutory appeal. Farmers National Bank's Motion to Alter or Amend Order or, Alternatively, to Certify Order for Interlocutory Appeal 49 is DENIED. cc: Counsel(DAK)
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Filing
45
MEMORANDUM OPINION AND ORDER by Judge David J. Hale on 10/28/2016 - The intervenor defendant's motion for leave to properly align parties and dismiss for lack of subject matter jurisdiction 35 is DENIED. The joint motion for order of sale for certain personal property 26 is GRANTED. The receiver is authorized to sell the Personal Property. The Court waives confirmation of the sale. cc: Counsel(DAK)
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