LS Associates, LLC v. Runchero Corporation, Inc.
LS Associates, LLC |
Runchero Corporation, Inc. and Kevin Runner |
Runner Enterprises Inc. and Runner Technologies, Inc. |
3:2019cv00367 |
May 17, 2019 |
US District Court for the Western District of Kentucky |
Claria Horn Boom |
Rebecca Grady Jennings |
Lanny King |
Contract: Other |
28 U.S.C. § 1330 Breach of Contract |
Defendant |
Docket Report
This docket was last retrieved on March 24, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 123 ORDER OF DISMISSAL WITH PREJUDICE signed by Judge Rebecca Grady Jennings on 3/24/2023. This action, including all claims asserted by the Plaintiff, LS Associates, LLC, in its capacity as Receiver for the Assets of Saint Catharine College, Inc., is hereby DISMISSED WITH PREJUDICE. Each party to bear its own fees and costs. cc: Counsel (SMJ) |
Filing 122 ORDER signed by Judge Rebecca Grady Jennings on 3/23/2023 re #121 Notice of Settlement. This action is DISMISSED WITHOUT PREJUDICE and STRICKEN from the ACTIVE DOCKET. The parties shall tender an agreed order dismissing this case with prejudice within forty-five (45) days of entry of this Order. cc: Counsel, Jury Admin. (SMJ) |
Filing 121 NOTICE of Settlement and Request for Trial Remand by Runchero Corporation, Inc., Kevin Runner (Attachments: #1 Proposed Order) (Wilcox, Alexander) |
Filing 120 MEMORANDUM OPINION AND ORDER Signed by Judge Rebecca Grady Jennings on 3/7/2023. Plaintiff's Motion in Limine to Exclude Expert Testimony of Martens (DE #84 ) is GRANTED in part and DENIED in part. Defendants' Motion in Limine to Exclude Rebuttal Testimony of Expert Leasure (DE #80 ) is DENIED. Defendants' Motion in Limine on the Measure of Damages (DE #78 ) is DENIED. Defendants' Motion in Limine to Exclude Certain Irrelevant Evidence (DE #79 ) is DENIED WITHOUT PREJUDICE. Plaintiff's Motion in Limine to Exclude Appraisals and Opinion Testimony of Valuation (DE #82 ) is GRANTED. Plaintiff's Motion in Limine to Exclude Arguments Challenging Auction Sale Process (DE #83 ) is GRANTED in part and DENIED in part. cc: Counsel (SMJ) |
Filing 119 MEMORANDUM OF CONFERENCE AND ORDER for proceedings held before Judge Rebecca Grady Jennings: In-Person Final Pretrial Conference held on 2/21/2023. The jury trial shall remain as scheduled for 3/27/2023 at 9:30 a.m. The case remains referred to Magistrate Judge Lanny L. King for settlement purposes. Counsel shall notify the Court's Deputy via email by 2/28/2023, if there are any objections to the jury questionnaire. A joint statement that will be read to the jury shall be emailed to the Court's Deputy and a thumb drive of marked exhibits from each party for the Court's use during the trial provided to the Court's Deputy by 3/21/2023. (Court Reporter: April Dowell) cc: Counsel, Jury Admin. (SMJ) |
Filing 118 NOTICE of Appearance by Casey L. Hinkle on behalf of LS Associates, LLC (Hinkle, Casey) |
Filing 117 PRETRIAL COMPLIANCE Plaintiff's Objections to Defendants' Exhibit List and Witness List by LS Associates, LLC. (Meldrum, Brian) |
Filing 116 RESPONSE to Motion re #80 MOTION in Limine to Exclude Certain Testimony of Rebuttal Expert Witness Robert W. Leasure, Jr. filed by LS Associates, LLC. (Meldrum, Brian) |
Filing 115 RESPONSE to Motion re #79 MOTION in Limine to Exclude "Certain Irrelevant Evidence" filed by LS Associates, LLC. (Meldrum, Brian) |
Filing 114 RESPONSE to Motion re #78 MOTION in Limine on Issue of Measure of Damages filed by LS Associates, LLC. (Meldrum, Brian) |
Filing 113 RESPONSE to Motion re #84 MOTION in Limine to Exclude Expert Testimony of Steven J. Martens filed by Runchero Corporation, Inc., Kevin Runner. (Attachments: #1 Exhibit Defendants' Expert Disclosure) (Wilcox, Alexander) |
Filing 112 RESPONSE to Motion re #83 MOTION in Limine to Exclude Evidence and Argument Challenging Auction Sale Process filed by Runchero Corporation, Inc., Kevin Runner. (Attachments: #1 Exhibit Deposition of Robert Leasure, Jr.) (Wilcox, Alexander) |
Filing 111 RESPONSE to Motion re #82 MOTION in Limine to Exclude Appraisals and Opinion Testimony of Valuation filed by Runchero Corporation, Inc., Kevin Runner. (Wilcox, Alexander) |
Filing 110 PRETRIAL MEMORANDUM by LS Associates, LLC. (Attachments: #1 Exhibit Order Appointing Receiver, #2 Exhibit Runchero LOI, #3 Exhibit Runchero APA, #4 Exhibit Meldrum-Goatley Email, #5 Exhibit Motion to Establish Procedures, #6 Exhibit Memorandum of Hearing, #7 Exhibit Memorandum Opinion, #8 Exhibit Order, #9 Exhibit Runchero Sale Order, #10 Exhibit Meldrum-Goatley Email, #11 Exhibit Cure Agreement and Guaranty, #12 Exhibit Order Approving Cure Agreement, #13 Exhibit Amendment to Cure Agreement, #14 Exhibit Order Approving Am Cure, #15 Exhibit Auction Procedures Motion, #16 Exhibit Memorandum of Conference, #17 Exhibit Auction Procedures Order, #18 Exhibit Report of Sale, #19 Exhibit Walker Sale Order, #20 Exhibit Receiver Damage Summary) (Meldrum, Brian) |
Filing 109 PRETRIAL COMPLIANCE Plaintiff's Proposed Form of Verdict by LS Associates, LLC. (Meldrum, Brian) |
Filing 108 Proposed Jury Instructions by LS Associates, LLC. (Meldrum, Brian) |
Filing 107 Proposed Voir Dire by LS Associates, LLC. (Meldrum, Brian) |
Filing 106 Exhibit List by LS Associates, LLC.. (Meldrum, Brian) |
Filing 105 Witness List by LS Associates, LLC. (Meldrum, Brian) |
Filing 104 Proposed Jury Instructions by Runchero Corporation, Inc., Kevin Runner. (Morgan, Jason) |
Filing 103 PRETRIAL MEMORANDUM by Runchero Corporation, Inc., Kevin Runner. (Morgan, Jason) |
Filing 102 Proposed Voir Dire by Runchero Corporation, Inc., Kevin Runner. (Morgan, Jason) |
Filing 101 Witness List by Runchero Corporation, Inc., Kevin Runner. (Morgan, Jason) |
Filing 100 Exhibit List by Runchero Corporation, Inc., Kevin Runner.. (Morgan, Jason) |
Filing 99 SCHEDULING ORDER signed by Magistrate Judge Lanny King on 11/10/2022. Pretrial Conference set for 2/21/2023 at 3:00 PM in Louisville Courtroom before Judge Rebecca Grady Jennings (*see order for pretrial filing requirements). Jury Trial set for 3/27/2023 at 9:30 AM in Louisville Courtroom before Judge Rebecca Grady Jennings. cc: Counsel, Jury Admin. (SMJ) |
Filing 98 TEXT ORDER by Magistrate Judge Lanny King on 10/3/2022. A telephonic status conference was held on 09/26/2022. Counsel for the parties were in attendance on this call. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(P:0/10) (cc: counsel) (MHB) |
Filing 97 ORDER signed by Magistrate Judge Lanny King on 9/20/2022. A Telephonic Conference was held on Monday, 9/19/2022, at 10:00 a.m. CT/11:00 a.m. ET. before Magistrate Judge Lanny King. Plaintiff's counsel Brian H. Meldrum neither appeared nor responded to the Court's efforts to contact him. A Telephonic Conference is scheduled for Monday, 9/26/2022, at 9:00 a.m. CT/10:00 a.m. ET. Counsel for the parties shall connect to this conference by dialing the toll-free meeting number 1-877-848-7030 and entering access code 7238577# when prompted. Plaintiff's counsel Brian H. Meldrum is ordered to confirm his appearance for the Monday, September 26, conference at Judge_King_Chambers@kywd.uscourts.gov. cc: Counsel (SMJ) |
Filing 96 ORDER Signed by Judge Rebecca Grady Jennings on 9/1/2022 denying #92 Motion for Entry of Default. This matter is referred to U.S. Magistrate Judge Lanny King to conduct a status conference and set a final schedule, to include a pretrial conference date, pretrial deadlines, and a trial date. cc: Counsel, LLK-CM (SMJ) |
NOTICE OF DOCKET CORRECTION re 94 Reply to Response to Motion. Error: Incorrect event selected. Correction: Clerk to redocket as 'response to motion'. (SMJ) |
Filing 95 RESPONSE to Motion re #92 MOTION for Entry of Default Against Runchero Corporation, Inc., filed by Runchero Corporation, Inc. (*Document previously filed as 94 ) (SMJ) |
Filing 94 ERROR: Incorrect event selected. Modified on 8/25/2022 (SMJ). |
Filing 93 NOTICE of Appearance by Jason S. Morgan, Alexander W. Wilcox on behalf of Runchero Corporation, Inc., Kevin Runner. (Morgan, Jason) Modified on 8/25/2022 - party/atty. added (SMJ). |
Filing 92 MOTION for Entry of Default Against Runchero Corporation, Inc. by Plaintiff LS Associates, LLC (Attachments: #1 Proposed Order) (Meldrum, Brian) |
Filing 91 ORDER for proceedings held before Magistrate Judge Lanny King: Telephonic Conference held on 7/18/2022. Telephonic Status Conference set for 9/19/2022 at 11:00 AM Eastern Time (10:00 AM Central Time) before Magistrate Judge Lanny King. Counsel for the parties shall connect to this conference by dialing the toll-free meeting number 1-877-848-7030 and entering access code 7238577# when prompted. cc: Counsel, Defendant-Runner as directed, Runchero Corp. as directed (SMJ) |
Filing 90 CERTIFICATE OF SERVICE by Kevin Runner (Haara, Brian) |
Filing 89 ORDER for proceedings held before Magistrate Judge Lanny King: Telephonic Status Conference held on 6/13/2022. The Motion to Withdraw as Counsel, (DN #81 ), is GRANTED. Withdrawing counsel shall file notice with the Court that they have served a copy of this Order on the Defendants and must include the Defendants' mailing address. Defendants shall have new counsel enter an appearance with the Court within thirty (30) days of the entry of this order. Telephonic Status Conference set for 7/18/2022 at 5:00 PM Eastern Time (4:00 PM Central Time) before Magistrate Judge Lanny King. The parties shall connect to this call by dialing the toll-free meeting number 1-877-848-7030 and enter access code 7238577# when prompted. cc: Counsel (SMJ) |
Filing 88 TEXT ORDER by Magistrate Judge Lanny King on 6/8/2022. A Telephonic Status Conference is scheduled for 6/13/2022 at 3:30 p.m. Eastern Time before Magistrate Judge Lanny King. Counsel for the parties shall connect to this call by dialing the toll-free meeting number 1-877-848-7030 and entering access code 7238577# when prompted. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (cc: counsel) (MHB) |
Filing 87 ORDER signed by Judge Rebecca Grady Jennings on 6/6/2022. The Motion for Brian F. Haara, Benjamin C. Fultz, and Evan E. Wright to Withdraw as Attorneys (DE #81 ) is REFERRED to Magistrate Judge King for resolution. All Pretrial and Trial dates and deadlines are REMANDED to be rescheduled by Magistrate Judge King upon resolving the above referenced motion (DE #81 ). Pretrial and Trial dates will be rescheduled for the earliest possible dates available. cc: Counsel (SMJ) |
Filing 86 TEXT ORDER by Judge David J. Hale on 6/6/2022; IT IS ORDERED that Judge David J. Hale RECUSES from this matter and the action is REASSIGNED to the docket of Judge Rebecca Grady Jennings, for all further proceedings. Counsel are requested to change the civil action number to reflect the initials RGJ on all future pleadings. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: counsel, CM-Judge Jennings (NWT) |
Filing 85 RESPONSE to Motion re #81 MOTION for Brian F. Haara, Benjamin C. Fultz, and Evan E. Wright to Withdraw as Attorneys (Continue to receive notice: Yes) filed by LS Associates, LLC. (Meldrum, Brian) |
Filing 84 MOTION in Limine to Exclude Expert Testimony of Steven J. Martens by Plaintiff LS Associates, LLC (Attachments: #1 Exhibit, #2 Exhibit, #3 Proposed Order) (Meldrum, Brian) |
Filing 83 MOTION in Limine to Exclude Evidence and Argument Challenging Auction Sale Process by Plaintiff LS Associates, LLC (Attachments: #1 Proposed Order) (Meldrum, Brian) |
Filing 82 MOTION in Limine to Exclude Appraisals and Opinion Testimony of Valuation by Plaintiff LS Associates, LLC (Attachments: #1 Exhibit, #2 Proposed Order) (Meldrum, Brian) |
Filing 81 MOTION for Brian F. Haara, Benjamin C. Fultz, and Evan E. Wright to Withdraw as Attorneys (Continue to receive notice: Yes) by Defendants Runchero Corporation, Inc., Kevin Runner (Attachments: #1 Proposed Order) (Haara, Brian) |
Filing 80 MOTION in Limine by Defendants Runchero Corporation, Inc., Kevin Runner (Attachments: #1 Exhibit A - Defendant's Expert Disclosure, #2 Exhibit B - Plaintiff's Expert Disclosure, #3 Exhibit C - Leasure Deposition, #4 Proposed Order) (Haara, Brian) |
Filing 79 MOTION in Limine by Defendants Runchero Corporation, Inc., Kevin Runner (Attachments: #1 Exhibit A - Plaintiff's Expert Disclosure, #2 Proposed Order) (Haara, Brian) |
Filing 78 MOTION in Limine by Defendants Runchero Corporation, Inc., Kevin Runner (Attachments: #1 Proposed Order) (Haara, Brian) |
Filing 77 NOTICE of Appearance by Evan E. Wright on behalf of Runchero Corporation, Inc., Kevin Runner (Wright, Evan) |
Filing 76 NOTICE of Appearance by Benjamin C. Fultz on behalf of Runchero Corporation, Inc., Kevin Runner (Fultz, Benjamin) |
Filing 75 ORDER Signed by Magistrate Judge Lanny King on 4/22/2022 granting #73 Motion to Substitute Attorney. Brian F. Haara of Fultz Maddox Dickens is hereby entered as counsel of record for RCI and Mr. Runner. cc: Counsel (DLW) |
Filing 74 ORDER GRANTING WITHDRAWAL OF COUNSEL Signed by Magistrate Judge Lanny King on 4/22/2022 granting #72 Motion to Withdraw as Attorney. Mr. Swafford is stricken as counsel for Runchero Corporation, Inc. and Kevin Runner. cc: Counsel (DLW) |
Filing 73 MOTION to Substitute Attorney by Defendants Runchero Corporation, Inc., Kevin Runner (Attachments: #1 Proposed Order) (Haara, Brian) |
Filing 72 MOTION for Matthew W. Swafford to Withdraw as Attorney (Continue to receive notice: Yes) by Defendants Runchero Corporation, Inc., Kevin Runner (Attachments: #1 Proposed Order) (Swafford, Matthew) |
Filing 71 JUDGE'S REPORT AND ORDER for proceedings held before Magistrate Judge Lanny King: Settlement Conference held on 3/31/2022. cc:counsel (KJA) |
Filing 70 ORDER by Judge David J. Hale on 3/16/2022: The trial of this matter, currently set for 4/26/2022, is REMANDED from the Court's docket and RESET for 7/12/2022, at 9:00 a.m. at the Gene Snyder U.S. Courthouse in Louisville, Kentucky before Judge David J. Hale. Final Pretrial Conference set for 6/30/2022 at 2:30 PM in Louisville Courtroom before Judge David J. Hale. cc: Counsel, Jury Administrator (DLW) |
Filing 69 SETTLEMENT CONFERENCE ORDER for proceedings held before Magistrate Judge Lanny King: Telephonic Status Conference held on 2/8/2022. Settlement Conference set for 3/31/2022 at 9:30 a.m., Eastern (8:30 a.m. Central) in Louisville Courtroom before Magistrate Judge Lanny King. cc: Counsel (DLW) |
Filing 68 TEXT ORDER by Magistrate Judge Lanny King on 02/08/2022. The Settlement Conference scheduled for 02/08/2022 is CANCELLED. A Telephonic Status Conference is scheduled for 2/8/2022 at 10:30 a.m. Eastern Time before Magistrate Judge Lanny King. Counsel for the parties shall connect to the call by dialing the toll-free meeting number 1-877-848-7030 and entering access code 7238577# when prompted. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (cc: counsel) (MHB) |
Filing 67 ORDER by Judge David J. Hale on 2/4/2022: For the reasons set forth, the Runner companies' #57 objection is OVERRULED. cc: Counsel (DLW) |
Filing 66 SETTLEMENT CONFERENCE ORDER by Magistrate Judge Lanny King on 11/9/2021: Settlement Conference set for 2/8/2022 at 10:30 a.m. Eastern Time (9:30 a.m. Central Time) via Video Conference before Magistrate Judge Lanny King. cc: Counsel (DLW) |
Filing 65 ORDER by Magistrate Judge Lanny King on 10/22/2021: This case is assigned for trial by jury on 4/26/2022 at 9:30 a.m. before Judge David J. Hale. The final pretrial deadlines and final pretrial conference will be set by subsequent order. A settlement conference will be conducted no later than 45 days before trial. cc: Counsel (DLW) |
Filing 64 TEXT ORDER by Magistrate Judge Lanny King on 10/12/2021. A Telephonic Status Conference was held on 10/12/2021 with counsel for the parties in attendance. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(P:0/13) (cc: counsel) (MHB) |
Filing 63 TEXT ORDER by Magistrate Judge Lanny King on 9/17/2021. The Telephonic Status Conference set for 10/25/2021 is cancelled and shall be held on an earlier date. The Telephonic Status Conference is rescheduled for 10/12/2021 at 4:00 p.m. Eastern Time. Counsel for the parties shall connect to the call by dialing the Toll-Free Meeting Number 1-877-848-7030 and entering Access Code 7238577# when prompted. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (cc: counsel) (MHB) |
Filing 62 MEMORANDUM & ORDER Signed by Judge David J. Hale on 9/10/2021: LS Associates, LLC's #47 motion for partial summary judgment is GRANTED. LS Associates is entitled to judgment on the first two elements of its breach-of-contract claims. To the extent that the defendants' #49 response was a cross-motion for summary judgment on the issue of damages, the cross-motion is DENIED. LS Associates, LLC's unsealed #45 motion for partial summary judgment is DENIED as moot. This matter is referred back to U.S. Magistrate Judge Lanny King with a request that a status conference be scheduled to set a final schedule, to include a settlement conference and a trial date. cc: Counsel (DLW) |
Filing 61 TEXT ORDER by Magistrate Judge Lanny King on 07/26/2021. A Telephonic Status Conference was held on 07/26/2021 with counsel for all parties in attendance. A Telephonic Status Conference is scheduled for 10/25/2021 at 2:30 p.m. Eastern Time before Magistrate Judge Lanny King. Counsel for the parties shall connect to the call by dialing the Toll-Free Meeting Number 1-877-848-7030 and entering Access Code 7238577# when prompted. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(P:0/07) (cc: counsel) (MHB) |
Filing 60 ORDER Signed by Magistrate Judge Lanny King on 5/19/2021: The Court GRANTS LS Associates' #51 Motion to Seal. The redacted #45 Motion for Summary Judgement and the #47 Sealed Motion for Summary Judgment are in compliance with Local Rule 5.7 and shall not be stricken from the record. cc: Counsel (DLW) |
Filing 59 TEXT ORDER by Magistrate Judge Lanny King on 04/26/2021. The Telephonic Status Conference was held on 04/26/2021 with counsel for the parties in attendance. A Telephonic Status Conference is scheduled for 7/26/2021 at 4:00 p.m. Eastern Time before Magistrate Judge Lanny King. Counsel for the parties shall connect to the call by dialing the Toll-Free Meeting Number 1-877-848-7030 and entering Access Code 7238577# when prompted. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (P:0/15) (cc: counsel) (MHB) |
Filing 58 TEXT ORDER by Magistrate Judge Lanny King on 3/11/2021. A Telephonic Status Conference is scheduled for 4/26/2021 at 4:30 p.m. Eastern Time before Magistrate Judge Lanny King. Counsel for the parties shall connect to the call by dialing the Toll-Free Meeting Number 1-877-848-7030 and entering Access Code 7238577# when prompted. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (cc: counsel) (MHB) |
Filing 57 Objection to #55 Order on Motion to Quash, filed by Runner Enterprises Inc., Runner Technologies, Inc. (Wornall, Parker) |
Filing 56 RESPONSE to Motion re #54 MOTION for Telephonic Status Conference and Trial Date filed by Runchero Corporation, Inc., Kevin Runner. (Haara, Brian) |
Filing 55 OPINION AND ORDER signed by Magistrate Judge Lanny King on 2/12/2021 granting in part and denying in part #28 Motion to Quash and granting in part and denying in part #29 Motion to Quash. cc: Counsel(MNM) |
Filing 54 MOTION for Telephonic Status Conference and Trial Date by Plaintiff LS Associates, LLC (Attachments: #1 Proposed Order) (Meldrum, Brian) Modified on 2/16/2021 to change event type (DLW). |
Filing 53 ORDER GRANTING MOTION FOR REASSIGNMENT OF CASE signed by Judge Claria Horn Boom on 12/21/2020. Plaintiff's Motion for Reassignment of the Case [R. #33 ] is GRANTED. This action, 3:19-CV-367-CHB, is reassigned and transferred to the docket of Judge David Hale. cc: Counsel (ALS) |
Filing 52 REPLY to Response to Motion re #45 MOTION for Summary Judgment as to Defendants' Liability (Redacted Version/Redacted Exhibits)) filed by LS Associates, LLC. (Attachments: #1 Exhibit Martens Depo Excerpts, #2 Exhibit Plaintiff Discovery Responses) (Meldrum, Brian) |
Filing 51 MOTION for Leave to Seal Document re #47 SEALED MOTION by LS Associates, LLC by Plaintiff LS Associates, LLC (Attachments: #1 Exhibit, #2 Proposed Order) (Meldrum, Brian) |
Filing 50 RESPONSE to #48 Order to Show Cause filed by LS Associates, LLC. (Meldrum, Brian) |
Filing 49 RESPONSE to Motion re #45 MOTION for Summary Judgment as to Defendants' Liability (Redacted Version/Redacted Exhibits)) filed by Runchero Corporation, Inc., Kevin Runner. (Attachments: #1 Exhibit Ex 1 - Nov 1, 2017 APA, #2 Exhibit Ex 2 - Mar 29, 2018 Cure Agreement, #3 Exhibit Ex 3 - July 14, 2018 Am Cure Agreement, #4 Exhibit Ex 4 - Oct 26 2018 Email from Bordwin to Leasure, #5 Exhibit Ex 5 - Marketing Calendar, #6 Exhibit Ex 6 - Bordwin June 29, 2018 Email, #7 Exhibit Ex 7 - Auction Procedures, #8 Exhibit Ex 8 - Keen-Summit June 23, 2017 Marketing Timeline, #9 Exhibit Ex 9 - Aug 31, 2018 Email from Bordwin to Hardy, #10 Exhibit Ex 10 - Nov 9, 2018 Email from Griffiths to Fox, #11 Exhibit Ex 11 - Keen Summit Press Release, #12 Exhibit Ex 12 - Leasure Deposition Excerpts, #13 Exhibit Ex 13 - Bordwin Emails, #14 Exhibit Ex 14 - Nov 9, 2018 Email from Fox to Cox, #15 Exhibit Ex 15 - Flaherty Nov 15, 2018 email to Gilchrist, #16 Exhibit Ex 16 - April 16-17. 2018 Photos, #17 Exhibit Ex 17 - Sept 9, 2017 Appraisal, #18 Exhibit Ex 18 - June 2017 Ninth Report to Court, #19 Exhibit Ex 19 - November 2017 Fourteenth Report To Court, #20 Exhibit Ex 20 - March 2018 Eighteenth Report to Court, #21 Exhibit Ex 21 - Total Receivership Budget - January 9, 2019, #22 Exhibit Ex 22 - Huntington National Bank v Saint Catharine College Complaint, #23 Exhibit Ex 23 - Oct 12, 2016 Email From Hendry to CBRE Reps, #24 Exhibit Ex 24 - Oct 10, 2016 CBRE Exclusive Sales Listing Agreement, #25 Exhibit Ex 25 - Sept 23, 2016 Email from Hendry to Other CBRE Reps, #26 Exhibit Ex 26 - CBRE Opinion of Value, #27 Exhibit Ex 27 - June 3, 2018 Appraisal, #28 Exhibit Ex 28 - Defendants' Expert Disclosure, #29 Exhibit Ex 29 - Dec 19, 2017 Auction Procedures, #30 Proposed Order Proposed Order) (Haara, Brian) |
Filing 48 ORDER TO SHOW CAUSE by Magistrate Judge Lanny King on 10/22/2020: Within seven days of the entry of this Order Plaintiff LS Associates shall SHOW CAUSE by written response why its Motion for Summary Judgment and accompanying exhibits, #47 , should not be stricken from the Record for failure to comply with the Local Rules regarding filing documents under seal. cc: counsel (JM) |
Filing 47 SEALED MOTION re #44 Order on Motion to Seal Document,, by LS Associates, LLC Responses due by 11/3/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Proposed Order) (Meldrum, Brian) |
Filing 46 SUR-REPLY re #41 Reply, #42 Reply Sur-Reply In Support of Objection to Motions to Quash Subpoenas filed by LS Associates, LLC. (Attachments: #1 Exhibit 1 - Defendants Expert Disclosure, #2 Exhibit 2 - September 2018 G. Goatley Emails, #3 Exhibit 3 - July 10 2018 G. Goatley Email) (Meldrum, Brian) |
Filing 45 MOTION for Summary Judgment as to Defendants' Liability (Redacted Version/Redacted Exhibits)) by Plaintiff LS Associates, LLC (Attachments: #1 Exhibit 1 - Receivership Order, #2 Exhibit 2 - Letter of Intent, #3 Exhibit 3 - Purchase Agreement, #4 Exhibit 4 - Runner Dep. Tr., #5 Exhibit 5 - Runchero Sale Order, #6 Exhibit 6 - Runchero Dep. Ex 15, #7 Exhibit 7 - Cure Agreement, #8 Exhibit 8 - Order Approving Cure Agreement, #9 Exhibit 9 - Amendment to Cure Agreement, #10 Exhibit 10 - Order Approving Amendment to Cure Agreement, #11 Exhibit 11 - Memorandum of Conference, #12 Exhibit 12 - Auction Procedures Order, #13 Exhibit 13 - Auction Sale Notice, #14 Exhibit 14 - Runner Discovery Responses, #15 Exhibit 15 - Auction Sign-In Sheet, #16 Exhibit 16 - Auction Sale Order, #17 Exhibit 17 - Runchero Bidding Procedures, #18 Exhibit 18 - Auction Bidding Procedures, #19 Exhibit 19 - Holtsberry Dep. Tr., #20 Exhibit 20 - Runner Dep. Ex. 13, #21 Exhibit 21 - Leasure Declaration, #22 Proposed Order) (Meldrum, Brian) |
Filing 44 ORDER signed by Magistrate Judge Lanny King on 10/6/2020. LS Associates' Motion to Seal, [DN #30 ], is GRANTED. By no later than 14 days from the entry of this Order, LS Associates shall file a surreply to Movants' respective motions to quash, [DN #28 , #29 ], specifically addressing what relevance, if any, the subpoenaed documents at issue have to any of LS Associates' claims or Defendants' defenses. No further briefing shall be permitted at this time without leave of Court. cc: Counsel (ALS) |
Filing 43 REPLY to Response to Motion re #33 MOTION to Reassign Case filed by LS Associates, LLC. (Meldrum, Brian) |
Filing 42 REPLY re #29 MOTION to Quash Subpoena filed by Runner Technologies, Inc.. (Wornall, Parker) |
Filing 41 REPLY re #28 MOTION to Quash Subpoena filed by Runner Enterprises, Inc.. (Wornall, Parker) |
Filing 40 NOTICE of Voluntary Withdrawal of Certain Affirmative Defenses by Runchero Corporation, Inc., Kevin Runner (Swafford, Matthew) |
Filing 39 RESPONSE to Motion re #33 MOTION to Reassign Case filed by Runchero Corporation, Inc., Kevin Runner. (Attachments: #1 Proposed Order Proposed Order) (Swafford, Matthew) |
Filing 38 ORDER GRANTING AGREED ORDER signed by Judge Claria Horn Boom on 7/1/2020; Granting #36 Proposed Agreed Order. Daubert Motion due by 10/14/2020. Dispositive Motions due by 10/14/2020. Expert Discovery due by 10/14/2020. Expert Witness (Defendant) due by 8/31/2020. Expert Witness (Plaintiff) due by 9/14/2020. Fact Discovery due by 6/30/2020. cc: Counsel (ALS) |
Filing 37 ORDER by Magistrate Judge Lanny King on 6/30/2020; Expert Discovery due by 10/14/2020. Expert Witness (Defendant) due by 8/31/2020. Expert Witness (Plaintiff) due by 9/14/2020. Fact Discovery due by 6/30/2020. The remainder of this Court's April 22, 2020, #26 , and May 13, 2020, #27 , Scheduling Orders shall remain unchanged and in effect. cc: Counsel (ALS) |
Filing 36 Proposed Agreed Order by Runchero Corporation, Inc., Kevin Runner. (Haara, Brian) |
Filing 35 ORDER for proceedings held before Magistrate Judge Lanny King: Status Conference held on 6/22/2020. The Parties shall either file an agreed order extending deadlines in this matter or shall contact the Court to set a telephonic status conference if an agreement cannot be reached by no later than June 29, 2020. (Court Reporter: Digital) cc: Counsel (ALS) |
Filing 34 ORDER by Judge Claria Horn Boom on 6/23/2020; re #33 MOTION to Reassign Case filed by LS Associates, LLC. Defendants SHALL file any response to Plaintiffs Motion for Reassignment of Case [R. 33] by 5:00 p.m. on Friday, July 3, 2020. Any reply SHALL be filed by 5:00 p.m. no later than seven days after the date of filing of Defendants response (s). cc: Counsel (ALS) |
Filing 33 MOTION to Reassign Case by Plaintiff LS Associates, LLC (Attachments: #1 Proposed Order) (Meldrum, Brian) |
Filing 32 RESPONSE to Motion re #29 MOTION to Quash Subpoena, #28 MOTION to Quash Subpoena (Redacted Version) filed by LS Associates, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10) (Meldrum, Brian) |
Filing 31 Sealed Document re #30 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10) (Meldrum, Brian) |
Filing 30 MOTION for Leave to Seal Document by Plaintiff LS Associates, LLC (Attachments: #1 Exhibit 1 - Confidentiality Agreement, #2 Proposed Order) (Meldrum, Brian) |
Filing 29 MOTION to Quash Subpoena by Miscellaneous Runner Technologies, Inc. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Notice of Intent, #3 Exhibit 2 - 4/29/20 Letter, #4 Exhibit 3 - 5/4/20 Email, #5 Proposed Order) (Wornall, Parker) |
Filing 28 MOTION to Quash Subpoena by Miscellaneous Runner Enterprises, Inc. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Notice of Intent, #3 Exhibit 2 - 4/29/20 Letter, #4 Exhibit 3 - 5/4/20 Email, #5 Proposed Order) (Wornall, Parker) |
Filing 27 ORDER by Magistrate Judge Lanny King on 5/13/2020. The Court's September 4, 2019, Scheduling Order, DN #11 , is hereby AMENDEDas follows: Daubert Motion due by 9/30/2020. Dispositive Motions due by 9/30/2020. Expert Discovery due by 8/31/2020. Telephonic Status Conference set for 6/22/2020 at 11:30 AM before Magistrate Judge Lanny King. cc: Counsel (ALS) |
Filing 26 Order for proceedings held before Magistrate Judge Lanny King: Status Conference held on 4/20/2020. Expert Witness (Defendant) due by 7/31/2020. Expert Witness (Plaintiff) due by 7/15/2020. Fact Discovery due by 6/30/2020. Telephonic Status Conference set for 5/12/2020 at 10:30 AM before Magistrate Judge Lanny King. (Court Reporter: Digital) cc: Counsel (ALS) |
Filing 25 TEXT ORDER by Magistrate Judge Lanny King on 03/17/2020. A Telephonic Status Conference was held on 03/17/2020 with counsel for all parties in attendance. A Telephonic Status Conference is scheduled for 4/20/2020 10:30 a.m. Eastern Time before Magistrate Judge Lanny King. Counsel for the parties shall connect to call by dialing the Toll-Free Meeting Number 1-877-848-7030 and entering the Access Code 7238577# when prompted. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (P:0/07) (cc: counsel) (MHB) |
Filing 24 TEXT ORDER by Magistrate Judge Lanny King on 03/02/2020. A Telephonic Status Conference was held on 03/02/2020 with counsel for all parties in attendance. A Telephonic Status Conference is scheduled for 3/17/2020 at 10:30 a.m. Eastern Time before Magistrate Judge Lanny King. Counsel for the parties shall connect to the call by dialing the Toll-Free Meeting Number 1-877-848-7030 and entering the Access Code 7238577# when prompted. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (P:0/23) (cc: counsel) (MHB) |
Filing 23 Order for proceedings held before Magistrate Judge Lanny King: Status Conference held on 1/13/2020. Dates for deposition due by 1/24/2020. Defendant to be deposed by 2/29/2020. Status Conference set for 3/2/2020 at 10:30 AM in Teleconference before Magistrate Judge Lanny King. (Court Reporter Digital) cc: Counsel (ALS) |
Filing 22 ORDER for proceedings held before Magistrate Judge Lanny King: Status Conference held on 1/13/2020. Defendant Kevin Runner is to be deposed by February 29, 2020. Status Conference set for 3/2/2020 at 10:30 AM in Teleconference before Magistrate Judge Lanny King. (Court Reporter Digital) cc: Counsel (ALS) |
Filing 21 TEXT ORDER by Magistrate Judge Lanny King on 12/23/2019. A Telephonic Status Conference was held on 12/23/2019. Counsel for both parties were in attendance. A Telephonic Status Conference is set for 01/13/2020 at 3:30 p.m. E.T. before Magistrate Judge Lanny King. Counsel for the parties may connect to the conference by dialing the Toll-Free Meeting Number 1-877-848-7030 and entering Access Code 7238577# when prompted. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. (P:0/18)(cc: counsel) (MHB) |
Filing 20 RESPONSE to Motion re #19 Second MOTION for Extension of Time to Complete Discovery filed by LS Associates, LLC. (Meldrum, Brian) |
Filing 19 Second MOTION for Extension of Time to Complete Discovery by Defendant Kevin Runner (Attachments: #1 Proposed Order Order Granting Extension of Time) (Swafford, Matthew) |
Filing 18 ORDER signed by Magistrate Judge Lanny King. Defendants' Motion for Extension of Time to Complete Discovery #15 is GRANTED. Defendants shall have through December 16, 2019 to respond to Plaintiff's written discovery requests. A telephonic status conference shall be conducted on December 23, 2019 at 11:00 a.m. Eastern Time (10:00 a.m. Central Time). Counsel for the parties may connect to the conference by dialing the toll-free meeting number 1-877-848-7030 and entering access code 7238577# when prompted. cc: Counsel (ALS) |
Proceedings held before Magistrate Judge Lanny King: Status Conference held on 12/2/2019. (Court Reporter Digital) (ALS) |
Filing 17 TEXT ORDER by Magistrate Judge Lanny King on 11/25/2019. A Telephonic Status Conference is set for 12/02/2019 at 10:30 a.m. Eastern Time before Magistrate Judge Lanny King. Counsel for the parties shall connect to the call by dialing the Toll Free Meeting Number 1-877-848-7030 and entering the Access Code 7238577# when prompted. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(cc: counsel) (MHB) |
Filing 16 RESPONSE to Motion re #15 MOTION for Extension of Time to Complete Discovery (Limited Objection) filed by LS Associates, LLC. (Meldrum, Brian) |
Filing 15 MOTION for Extension of Time to Complete Discovery by Defendants Runchero Corporation, Inc., Kevin Runner (Attachments: #1 Exhibit Exhibit A - November 14 and November 15, 2019 Emails from Swafford to Meldrum, #2 Proposed Order Order Granting Extension of Time) (Haara, Brian) |
Filing 14 ORDER for proceedings held before Magistrate Judge Lanny King: Telephonic Status Conference held on 10/17/2019. The settlement conference set for October 25, 2019 is CANCELLED. (Docket #12 ). Telephonic Status Conference set for 12/10/2019 at 10:00 a.m. Eastern Time (9:00 a.m. Central Time) before Magistrate Judge Lanny King. Counsel for the parties may connect to the conference by dialing the toll-free meeting number 1-877-848-7030 and entering access code 7238577# when prompted. cc: Counsel (KD) |
Filing 13 TEXT ORDER by Magistrate Judge Lanny King on 10/15/2019: A telephonic status conference shall be conducted on Thursday, October 17 at 2:30PM ET/1:30PM CT. Counsel can connect to the call by dialing the toll-free number 1-877-848-7030 and entering access code 7238577# when prompted. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc:counsel (MNM) |
Filing 12 SETTLEMENT CONFERENCE ORDER by Magistrate Judge Lanny King - Settlement Conference set for 10/25/2019 at 9:00 a.m. Eastern Time in Chambers before Magistrate Judge Lanny King. Please see Order for further details. cc: Counsel (KD) |
Filing 11 SCHEDULING ORDER for proceedings held before Magistrate Judge Lanny King: Telephonic Rule 16 Scheduling Conference held on 9/3/2019. No later than 9/18/2019, counsel for the parties shall make all initial disclosures required of Fed. R. Civ. P. 26(a)(1). Amended Pleadings due by 12/16/2019. Joinder of Parties due by 12/16/2019. Fact Discovery due by 1/24/2020. No later than 2/7/2020, the parties shall submit the initial reports of experts who may be used at trial to provide expert testimony under Fed. R. Civ. P. 26(a)(2)(A). No later than 2/28/2020, the parties shall submit the rebuttal reports of experts who may be used at trial to provide expert testimony under Fed. R. Civ. P. 26(a)(2)(A). Expert Discovery due by 3/20/2020. Dispositive Motions due by 4/17/2020. Daubert Motion due by 4/17/2020. All motions pertaining to discovery shall be filed no later than fifteen days after the close of all discovery. cc: Counsel (KD) |
Filing 10 Joint REPORT of Rule 26(f) Planning Meeting by LS Associates, LLC. (Meldrum, Brian) |
Filing 9 Corporate Disclosure Statement identifying Corporate Parent Runner Enterprises Inc. for Runchero Corporation, Inc.. by Runchero Corporation, Inc.. (Haara, Brian) |
Filing 8 ORDER FOR MEETING AND REPORT by Judge Claria Horn Boom (EBOC) on 7/23/2019. Telephonic Rule 16 Scheduling Conference set for 9/3/2019 at 10:00 AM before Magistrate Judge Lanny King. Counsel for the parties shall connect to the conference by dialing the toll-free number 1-877-848-7030 and entering access code 7238577#. cc: Counsel (MEJ) |
Filing 7 TEXT ORDER by Judge Claria Horn Boom on 7/23/2019. Pursuant to 28 U.S.C. 636(b)(1)(A) and Fed. R. Civ. P. 72, the Court REFERS this case to United States Magistrate Judge Lanny King for purposes of: 1) resolving all non-dispositive pretrial motions; 2) generally managing discovery, including resolving all discovery disputes and conducting any hearing(s) other than the pretrial conference; 3) generally managing all pretrial scheduling issues, including altering any dates and/or deadlines, except deadlines for dispositive/Daubert motions, and the pretrial conference and the trial deadlines; 4) conducting a mid-discovery telephonic conference; and 5) conducting a settlement conference, if requested by the parties. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel (RLK) |
Filing 6 ANSWER to #1 Complaint, with Jury Demand by Runchero Corporation, Inc., Kevin Runner. (Haara, Brian) |
Filing 5 WAIVER OF SERVICE Returned Executed by LS Associates, LLC. Kevin Runner waiver sent on 5/23/2019, answer due 7/22/2019. (Meldrum, Brian) |
Filing 4 WAIVER OF SERVICE Returned Executed by LS Associates, LLC. Runchero Corporation, Inc. waiver sent on 5/23/2019, answer due 7/22/2019. (Meldrum, Brian) |
Filing 3 Summons Issued as to Runchero Corporation, Inc., Kevin Runner. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (Attachments: #1 Summons - Kevin Runner) (AME) |
Filing 2 Case Assignment (Random Selection): Case Assigned to Judge Claria Horn Boom. (AME) |
Filing 1 COMPLAINT against Runchero Corporation, Inc., Kevin Runner (Filing fee $400.00, receipt number 0644-2868102), filed by LS Associates, LLC. (Attachments: #1 Cover Sheet, #2 Exhibit A - Agreement for Purchase and Sale of Assets, #3 Exhibit B - Letter, #4 Exhibit C - Cure Agreement, #5 Exhibit D - Amendment to Cure Agreement). (AME) |
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