November 2, 2012 |
Filing
299
MEMORANDUM OPINION AND ORDER denying 295 Motion for Reconsideration. Signed by Chief Judge Joseph H. McKinley, Jr on 11/1/12. cc:counsel (JBM)
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September 19, 2012 |
Filing
292
MEMORANDUM OPINION AND ORDER: IT IS HEREBY ORDERED that Defendants Motion to Preclude Plaintiffs Expert Witnesses 259 is DENIED as to the expert testimony of John L. Hoffer and Steven A. Wheeler regarding the breach of the prudent investor rule, a nd is DENIED, as moot, as to Matthew E. Volkman. IT IS FURTHER ORDERED that Defendants Motion to Strike the Affidavit of John L. Hoffer 283 is DENIED as moot. FURTHER that Defendants Motion for Partial Summary Judgment 247 is DENIED. FURTHER that Defendants Motion for Summary Judgment as to Plaintiffs claim for breach of the prudent investor rule 260 is DENIED. FURTHER that Plaintiffs Motion for Partial Summary Judgment to Confirm that the Defendant is Estopped from Asserting the Affirmati ve Defense of Statute of Limitations Due to its Acts of Concealment 256 is DENIED. FURTHER that Defendants Motion for Summary Judgment to Dismiss Fourth Amended Complaint 257 is DENIED. FURTHER that Plaintiffs Motion for Partial Summary Judgment to Establish Liability for Breach of Fiduciary Duty to Manage the Webster County Farm 255 is DENIED. FURTHER that Defendants Motion for Summary Judgment as to Involuntary Plaintiffs 258 is DENIED. Signed by Chief Judge Joseph H. McKinley, Jr on 9/18/12. cc:counsel (JBM)
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September 22, 2011 |
Filing
217
MEMORANDUM OPINION AND ORDER: Plaintiffs Motion for Summary Judgment 197 is GRANTED. ONB is hereby ordered to wind up its administration of the Trusts within 30 days of the filing of this order including, signing any necessary deeds to transfer th e assets of the Trusts, and producing the physical Trust files.IT IS FURTHER ORDERED that Planters Bank located at 1312 South Main Street, Hopkinsville, Kentucky, is appointed Successor Trustee.FURTHER that Defendants Amended Motion for Extension of Time to Reply to Plaintiffs Motion for Summary Judgment 211 is GRANTED so as to make Defendants Response; FURTHER that Plaintiffs Motion for a Hearing 216 is DENIED as moot.. Signed by Judge Joseph H. McKinley, Jr on 9/19/11. cc:counsel (JBM)
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August 2, 2010 |
Filing
165
MEMORANDUM OPINION AND ORDER: The motion by the defendant, Old National Bank d/b/a Old National Trust, fo partial summary judgment 95 , the motion by the plaintiffs for partial summary judgment 151 , and motion by the plaintiffs to bifurcate 127 are each DENIED; The motion by the defendant, Old National Bank, for an extension of time 156 is GRANTED. Old National Banks response 161 to the plaintiffs motion for summary judgment shall be deemed timely filed; The motion by the defendant to rescind or amend the Agreed Order entered February 5, 2009 130 is GRANTED. The Agreed Order entered February 5, 2009, is HEREBY VACATED. The Court will enter a new Order consistent with this Memorandum Opinion; The motion by the plaintiff to file a third amended complaint 102 is GRANTED. The clerk is directed to file the amended complaint tendered with the plaintiffs motion. Signed by Judge Joseph H. McKinley, Jr on 7/30/10. cc:counsel (JBM)
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April 9, 2010 |
Filing
132
MEMORANDUM OPINION & ORDER granting 122 Motion for Reconsideration; denying 110 Motion for Sale of Real Estate; denying as moot 124 Motion to Dismiss; granting plaintiffs' motion fore preliminary injunction 1 Notice of Removal, Exh 1. Signed by Judge Joseph H. McKinley, Jr on 04/08/2010. Old National Bank shall account for all atty fees, costs, etc. w/in 10 days. cc:counsel (CSD)
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February 24, 2010 |
Filing
99
MEMORANDUM OPINION & ORDER by Judge Joseph H. McKinley, Jr on 2/23/10; Plaintiff's motion for preliminary injunction (filed within 1 Notice of Removal) and 71 are DENIED.cc:counsel (JBM)
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November 12, 2008 |
Filing
28
MEMORANDUM OPINION AND ORDER denying 9 Plaintiff's Motion to Remand; granting 13 Motion to realign the parties; denying 16 Plaintiff's Motion to remand; denying 17 Motion for Oral Argument. A MOTION HEARING on Plaintiff's motion for preliminary injunction will be held on 11/18/08 at 10:00am CST, US Courthouse, in Owensboro, KY. Signed by Judge Joseph H. McKinley, Jr on 11/12/08; cc:counsel (JBM) Modified text to include motion hearing on 11/13/2008 (JBM).
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