Cunningham v. LeGrand et al
Plaintiff: Ryan E. Cunningham
Defendant: Ronald F. LeGrand and Legacy Development SC Group, LLC
Case Number: 2:2011cv00142
Filed: March 4, 2011
Court: US District Court for the Southern District of West Virginia
Office: Charleston Office
County: Kanawha
Presiding Judge: John T. Copenhaver
Nature of Suit: Other Contract
Cause of Action: 28 U.S.C. ยง 2201
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
June 10, 2013 Opinion or Order Filing 103 MEMORANDUM OPINION AND ORDER directing that the plaintiff is permitted to raise his usury challenge at this stage of the case; that the post-default interest rate of the note be deemed limited to 18 percent per year and to that extent is not a usurious interest rate; that Legacy be deemed a holder in due course. Signed by Judge John T. Copenhaver, Jr. on 6/10/2013. (cc: attys; any unrepresented parties) (tmh)
July 24, 2012 Opinion or Order Filing 73 MEMORANDUM OPINION AND ORDER granting plaintiff's 68 MOTION for leave to amend his answer to defendants' counterclaim so as to include as affirmative defenses the grounds of lack of consideration and sham transaction to the extent set forth herein; that the integrated pretrial order is amended to include plaintiff's proposed two additional affirmative defenses to defendants' counterclaim, namely, lack of consideration and sham transaction; and that defendants be gran ted a 30-day period of additional discovery for the purpose of curing any unfair prejudice or surprise presented by the inclusion of plaintiff's two additional defenses. With the exception of the modifications herein, the 55 integrated pretrial order remains in full force and effect.Signed by Judge John T. Copenhaver, Jr. on 7/24/2012. (cc: attys; any unrepresented parties) (taq)
June 5, 2012 Opinion or Order Filing 64 MEMORANDUM OPINION AND ORDER directing that plaintiff's 41 MOTION for Summary Judgment is denied and defendants' 42 MOTION for Summary Judgment is granted only to the extent that the assignment of the note from Mountain Country to Legacy was not a fraudulent transfer, and denied in all other respects. Signed by Judge John T. Copenhaver, Jr. on 6/5/2012. (cc: attys; any unrepresented party) (lca)
October 6, 2011 Opinion or Order Filing 32 MEMORANDUM OPINION AND ORDER denying 29 MOTION for Sanctions and for Injunctive Relief Signed by Judge John T. Copenhaver, Jr. on 10/6/2011. (cc: attys; any unrepresented party) (tmr)
August 9, 2011 Opinion or Order Filing 25 MEMORANDUM OPINION AND ORDER granting defendants' 20 Motion to Dismiss insofar as it seeks dismissal of plaintiff's obstruction of justice claim, and denied in all other respects; directing that plaintiff's obstruction of justice claim is dismissed without prejudice. Signed by Judge John T. Copenhaver, Jr. on 8/9/2011. (cc: attys; any unrepresented parties) (taq)
May 10, 2011 Opinion or Order Filing 17 MEMORANDUM OPINION AND ORDER directing plaintiff to file an amended complaint by 5/23/2011; denying without prejudice defendants' 8 Motion to Dismiss for Failure to State a Claim; pursuant to Rule 15(a)(3), defendants shall have 14 days after service of the amended complaint to frame a response. Signed by Judge John T. Copenhaver, Jr. on 5/10/2011. (cc: attys) (tmh)
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Plaintiff: Ryan E. Cunningham
Represented By: Richard Neely
Represented By: Michael O. Callaghan
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Defendant: Ronald F. LeGrand
Represented By: Thanos Basdekis
Represented By: Christopher S. Morris
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Defendant: Legacy Development SC Group, LLC
Represented By: Thanos Basdekis
Represented By: Christopher S. Morris
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