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 53 |
Filed: 10/29/1999, Entered: 11/3/1999 |
Satisfaction of Judgment |
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SATISFACTION OF JUDGMENT filed by Pltfs. (clerk)
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| 52 |
Filed: 5/19/1999, Entered: 5/21/1999 |
Writ Issued |
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Writ of FIFA returned 5/19/99 unexecuted as to Mary Frances Kossan (clerk)
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| 51 |
Filed: 4/19/1999, Entered: 4/26/1999 |
Writ Issued |
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Writ of FIFA returned 4/19/99 unexecuted as to Mary Frances Kossan (case settled) (clerk)
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| 50 |
Filed: 4/19/1999, Entered: 4/26/1999 |
Writ Issued |
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Writ of FIFA returned 4/19/99 unexecuted as to Mary Frances Kossan (case settled) (clerk)
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| 49 |
Filed: 3/22/1999, Entered: 3/25/1999 |
USCA Order |
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USCA Order (copy) states that the Court DISMISSES this appeal for failure to prosecute pursuant to Local Rule 45. (clerk)
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| -- |
Filed: 3/17/1999, Entered: 3/17/1999 |
Summons Issued |
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GARNISHMENT SUMMONS issued and mailed to attorney for sevice as to debtor: Mary Kosssan Rutherford; Garnishee: ADECCO TAD Technical (clerk) Modified on 03/19/1999
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| -- |
Filed: 3/17/1999, Entered: 3/17/1999 |
Writ Issued |
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Writ of FIFA (original & 1) and given to the attorney for service by SPS for Mary Frances Kossan Garnishees: ADECCO TAD Technical (clerk) Modified on 03/19/1999
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| 48 |
Filed: 2/25/1999, Entered: 3/17/1999 |
Summons Issued |
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SUGGESTION for Garnishment Summons as to debtor Mary Kossan Rutherford; Returnable for 10:00 5/21/99 (clerk) Modified on 03/19/1999
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| 47 |
Filed: 2/24/1999, Entered: 3/3/1999 |
Miscellaneous Document |
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Brief in support of [46-1] motion To Incorporate Robert Kossan's Opposition to Pltfs Motion for Atty's Fees - filed by Frank Kossan. (clerk)
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| 46 |
Filed: 2/24/1999, Entered: 3/3/1999 |
Motion for Miscellaneous Relief |
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MOTION To Incorporate Robert Kossan's Opposition to Pltfs Motion for Atty's Fees - filed by Frank Kossan. (clerk)
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| -- |
Filed: 2/12/1999, Entered: 2/12/1999 |
Writ Issued |
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Writ of FIFA issued for Mary Frances Kossan (given to the Marshall service) (clerk) Modified on 02/17/1999
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| 42 |
Filed: 2/3/1999, Entered: 2/4/1999 |
Response/Reply - Miscellaneous |
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REPLY MEMORANDUM in support by Ivy Cooper, Vernon Shirley, William Taylor, Barbara Eckert of motion for atty fees by pltfs (Filed at 97-1294 (clerk)
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| 45 |
Filed: 2/1/1999, Entered: 2/9/1999 |
Order |
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ORDER states that this matter was settled as to Charles Gloeckner. -ent. & filed. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk) Modified on 02/12/1999
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| -- |
Filed: 2/1/1999, Entered: 2/3/1999 |
Memorandum in Opposition |
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BRIEF in opposition by Robert Kossan to pltf's motion for atty fees (Filed at 97-1294) (clerk)
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| 44 |
Filed: 1/28/1999, Entered: 2/5/1999 |
Memorandum in Support |
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MEMORANDUM by Mary Frances Kossan in support of [43-1] opposition to pltf's motion for attorney's fees (clerk)
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| 43 |
Filed: 1/28/1999, Entered: 2/5/1999 |
Objection |
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OPPOSITION to pltf's motion for attorney's fees and costs by Mary Frances Kossan (clerk)
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| 41 |
Filed: 1/19/1999, Entered: 1/25/1999 |
Remark |
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ATTACHMENT to Affidavit of Richard D. Carter filed by plaintiff Ivy Cooper, plaintiff Vernon Shirley, plaintiff William Taylor, plaintiff Barbara Eckert re: Plaintiffs' Petition for Fees (orig. with CA 97-1294-A) (klau)
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| 40 |
Filed: 12/15/1998, Entered: 12/29/1998 |
Judgment* |
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JUDGMENT in favor of Ivy Cooper for $89,069.18; Vernon Shirley for $192,122.80; Barbara Eckert for $97,271.93; and William Taylor for $216,049.43 against Robert and Frances Kossan, jointly and severally, for a total judgment of $594,513.34, plus reasonable attorneys fees and costs of this litigation. This judgment is not dischargeable in bankruptcy. JUDGMENT is hereby entered against third-party defendants Robert and Anita Parris, jointly and severally, in favor of third-party plaintiffs Robert and Frances Kossan in the amount of $51,674.30. The Parrises will not be required to pay the Kossans any money until the plaintiffs have received the entire $594,513.94 judgment from the Kossans. Copies sent: yes (stas) Modified on 12/29/1998
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| 39 |
Filed: 12/15/1998, Entered: 12/17/1998 |
Order |
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ORDER for the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that judgment be and is entered against defendants Robert and Frances Kossan, jointly and severally, in favor of Ivy Cooper for $89,069.18; Vernon Shirley for $192,122.80; Barbara Eckert for $97,271.93; and William Taylor for $216,049.43, for a total judgment of $594,513.34, plus reasonable attorneys fees and costs of this litigation. This judgment is not dischargeable in bankruptcy. It is further ORDERED that judgment be and is entered against third-party defts Robert and Anita Parris, jointly and severally, in favor of third-party pltfs Robert and Frances Kossan in the amount of $51,674.30. The Parrises will not be required to pay the Kossans any money until the pltfs have received the entire $594,513.94 judgment from the Kossans. (See Order for Details) ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (stas)
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| 38 |
Filed: 12/15/1998, Entered: 12/17/1998 |
Memorandum and Opinion |
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MEMORANDUM OPINION - filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (stas)
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| 37 |
Filed: 12/9/1998, Entered: 12/11/1998 |
Order |
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ORDER that judgment is entered in favor of plaintiffs and against Mary Kossan in the sum of $3,500.00; and it is further ORDERED that the court may assess costs and attorney fees at the conslusion of the litigaion involving plainitffs' claims against Robert and Fran Kossan; and it is further ORDERED that the judgment for $3,500.00 is deemed nondischargeable and the court reserved decision on whether any assessed attorney fees and/or costs shall be deemed nondischargeable - ent & filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clar)
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Filed: 12/9/1998, Entered: 1/12/1999 |
Terminated Case |
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Case closed (stas)
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| -- |
Filed: 12/9/1998, Entered: 1/12/1999 |
Case Assigned/Reassigned |
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CASE assigned to Judge Leonie M. Brinkema (stas)
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| -- |
Filed: 11/24/1998, Entered: 11/25/1998 |
Order |
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ORDER, for the reasons stated from the bench, dft Frances Kossan's motio to amend order granting partial S/J is denied w/o prej. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk)
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| 36 |
Filed: 11/20/1998, Entered: 11/20/1998 |
Miscellaneous Document |
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Notice of Acceptance of Rule 68 Offer of Judgment by Ivy Cooper, Vernon Shirley, William Taylor, Barbara Eckert (clar)
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| -- |
Filed: 11/20/1998, Entered: 11/20/1998 |
Exhibit |
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Exhibits received by Ivy Cooper, Vernon Shirley, William Taylor, Barbara Eckert (5 large black binders) (clar)
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| 35 |
Filed: 11/18/1998, Entered: 11/19/1998 |
Discovery - Miscellaneous |
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Supplemental Rule 26(a)(3) Expert Disclosure Statement by Ivy Cooper, Vernon Shirley, William Taylor, Barbara Eckert (clar)
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| 33 |
Filed: 11/13/1998, Entered: 11/17/1998 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing set for 10:00 12/4/98 for [31-1] motion by Frances Kossan to Amend order granting partial summary judgment (clerk)
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| 32 |
Filed: 11/13/1998, Entered: 11/17/1998 |
Memorandum in Support |
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MEMORANDUM in support of [31-1] motion by Frances Kossan to Amend order granting partial summary judgment (clerk)
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| 31 |
Filed: 11/13/1998, Entered: 11/17/1998 |
Motion to Amend/Correct |
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MOTION by Frances Kossan to Amend order granting partial summary judgment (clerk)
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| 34 |
Filed: 11/5/1998, Entered: 11/18/1998 |
Order |
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ORDER that plaintiffs' Motion for partial summary judgment against Frances Kossan be and the same hereby is Granted; and it is further, Ordered that partial judgment be entered against Frances Kossan and in favor of plaintiffs in the amount of $167,200.00 and it is further Ordered that a constructive trust be placed on the assest s of Frances Kossan as of 1/1/94, in favor of plaintiffs for the satisfaction of the judgment; and it is further, Ordered that a constructive trust be placed on the assets transferred by Frances Kossan in violation of the constructive trust, including; (A) the home and property was transferred to the TRD Trust on or about 2/9/98, and described in such transfer as Lot 300, Section 7, South Wales which had been transferred to Frances Kossan by Deed of Dodson Homes, Inc. dated 12/4/98; and (B) the repayment of the seventy-five thousand dollars ($75,000.00) transferred by Frances Kossan to Robert J. Kossan as memorialized in the Agreement signed by Frances Kossan on 3/4/98, and by Robert J. Kossan on 3/10/98; and (C) attorneys fees paid by Frances Kossoan on behalf of herself and/or others in violation of the constructive trust; and (D) any other assets which Frances Kossan transferred in violation of the constructive trust. ORDERED that for plaintiffs' request for attorneys fees shall be deferred until the resolution of the entire matter pursuant to Federal Rule of Civil Procedure 54(d); and it is further, ORDERED that this case shall proceed on all remaining counts of the complaint and the Adversary Proceedings - ent & filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clar)
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| 30 |
Filed: 11/2/1998, Entered: 11/3/1998 |
Objection |
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OBJECTION by defendant Mary Frances Kossan to [28-1] exhibits list by Barbara Eckert, William Taylor, Vernon Shirley, Ivy Cooper (clar)
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| -- |
Filed: 10/30/1998, Entered: 11/3/1998 |
Minutes-Miscellaneous |
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Minute entry: Judge Brinkema. Reporter: Thomson. Appearances of counsel. Motion by Barbara Eckert, William Taylor, Vernon Shirely, Ivy Cooper for partial summary judgment - granted. $167,200.00 as to Ms. Kossan. Parties to submit order. (clerk)
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| 29 |
Filed: 10/28/1998, Entered: 10/29/1998 |
Reply to Response to Motion |
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REPLY by Ivy Cooper, Vernon Shirley, William Taylor, Barbara Eckert to response to [23-1] motion by Barbara Eckert, William Taylor, Vernon Shirley, Ivy Cooper for Partial Summary Judgment by Barbara Eckert, William Taylor, Vernon Shirley, Ivy Cooper (clerk)
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| 28 |
Filed: 10/26/1998, Entered: 10/27/1998 |
Exhibit |
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Supplemental Exhibit list by Ivy Cooper, Vernon Shirley, William Taylor, Barbara Eckert (org filed in 97-1294) (clar)
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| 27 |
Filed: 10/20/1998, Entered: 10/22/1998 |
Miscellaneous Document |
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Offer of Judgment by Mary Frances Kossan (clar)
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| 26 |
Filed: 10/15/1998, Entered: 10/16/1998 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing set for 10:00 10/30/98 for [23-1] motion by Barbara Eckert, William Taylor, Vernon Shirley, Ivy Cooper for Partial Summary Judgment (clar)
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| 25 |
Filed: 10/15/1998, Entered: 10/16/1998 |
Remark |
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Statement of Undisputed Facts filed by plaintiff Ivy Cooper, plaintiff Vernon Shirley, plaintiff William Taylor, plaintiff Barbara Eckert (clar)
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| 24 |
Filed: 10/15/1998, Entered: 10/16/1998 |
Memorandum in Support |
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MEMORANDUM by Ivy Cooper, Vernon Shirley, William Taylor, Barbara Eckert in support of [23-1] motion by Barbara Eckert, William Taylor, Vernon Shirley, Ivy Cooper for Partial Summary Judgment (large pleading) (clar)
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| 23 |
Filed: 10/15/1998, Entered: 10/16/1998 |
Motion for Summary Judgment |
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MOTION by Barbara Eckert, William Taylor, Vernon Shirley, Ivy Cooper for Partial Summary Judgment (clar)
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| 22 |
Filed: 9/17/1998, Entered: 9/18/1998 |
Stipulation |
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Stipulation of Facts filed by Mary Frances Kossan (clar)
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| 21 |
Filed: 9/17/1998, Entered: 9/18/1998 |
Miscellaneous Document |
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Pretrial Statement (Witness List and Exhibit List) by Mary Frances Kossan (clar)
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| 20 |
Filed: 9/17/1998, Entered: 9/18/1998 |
Witness List |
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Witness list by Ivy Cooper, Vernon Shirley, William Taylor, Barbara Eckert (clar)
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| 19 |
Filed: 9/17/1998, Entered: 9/18/1998 |
Exhibit |
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Exhibit list by Ivy Cooper, Vernon Shirley, William Taylor, Barbara Eckert (clar)
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Filed: 9/17/1998, Entered: 9/18/1998 |
Pretrial Conference - Final |
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Pre-Trial Conference held; Judge Bryan; Appearance of counsel. Case set for trial by court on 11/23/98 (clar)
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| 18 |
Filed: 9/4/1998, Entered: 9/11/1998 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing set for 10:00 9/11/98 for [16-1] motion by Barbara Eckert, William Taylor, Vernon Shirley, Ivy Cooper to Compel, set for 10:00 9/11/98 for [16-2] motion by Barbara Eckert, William Taylor, Vernon Shirley, Ivy Cooper for Sanctions (clar)
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| 17 |
Filed: 9/4/1998, Entered: 9/11/1998 |
Memorandum in Support |
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MEMORANDUM by Ivy Cooper, Vernon Shirley, William Taylor, Barbara Eckert in support of [16-1] motion by Barbara Eckert, William Taylor, Vernon Shirley, Ivy Cooper to Compel [16-2] motion by Barbara Eckert, William Taylor, Vernon Shirley, Ivy Cooper for Sanctions (clar)
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| 16 |
Filed: 9/4/1998, Entered: 9/11/1998 |
Motion to Compel |
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MOTION by Barbara Eckert, William Taylor, Vernon Shirley, Ivy Cooper to Compel , and for by Barbara Eckert, William Taylor, Vernon Shirley, Ivy Cooper for Sanctions (clar)
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| 14 |
Filed: 8/21/1998, Entered: 8/24/1998 |
Order |
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ORDERED pltfs motion for S/J is GRANTED IN PART, DENIED IN PART, Granted as to defendant Robert Kossan's liability regarding the health insurance and the ERISA notice claims. Pltfs motion for S/J is also granted as to the dischargeability in bankruptcy of Robert Kossan's debts arising from any judgments regarding the health insurance, ERIS notice, and breach of fiduciary duty claims. Pltfs motion for S/J is DENIED in all other respects, and ORDERED that judgment be and is entered in favor of pltfs regarding Robert L. Kossan's liability for the health insurance and the ERISA notice alaims. Actual damages to be awarded on these claims remains fro trial unless resolved by the parties. ORDERED that all debts of Robert L. Kossan arising from the health insurance, ERISA notice, and breach of fiduciary duty claims are not dischargeaboe in any bankruptcy proceeding. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clerk)
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| 13 |
Filed: 8/18/1998, Entered: 8/20/1998 |
Order |
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ORDER that these consolidated civil actions are set for a pretrial conference before Chief Judge Claude M. Hilton in room 800 @10:15 a.m., on thursday 9/17/98 - ent & filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clar)
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| 12 |
Filed: 8/17/1998, Entered: 8/20/1998 |
Reply to Response to Motion |
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REPLY by Ivy Cooper, Vernon Shirley, William Taylor, Barbara Eckert to response to Robert Kossan's Opposition to plaintiffs' Motion for Summary Judgment (clar)
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| 15 |
Filed: 8/12/1998, Entered: 9/3/1998 |
Response in Opposition to Motion |
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RESPONSE in opposition by Robert L. Kossan to pltf's motion for summary judgment agaist the deft Robert L. Kossan (clar)
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| 11 |
Filed: 8/4/1998, Entered: 8/6/1998 |
Order |
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ORDER, that CA97-1294, CA98-679, CA98-714 & CA98-715 are consolidated; the stay previously entered in 97-1294 be and is lifted. Discovery in these consolidated actions be and is opened for a period not to exceed 45 days from the date of this Order; all parties , apppear in courtroom 800 on 9/17/98 @ 1:40 p.m. for a Pretrial Conference; Robert Kossan be and is granted leave to file a response to the Summary Judgment motion by no later than COB on 8/12/98. Pltfs have until COB 8/17/98 to file a reply (see order for details) - ent & filed ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clar)
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Filed: 8/4/1998, Entered: 8/6/1998 |
Set/Clear Flags |
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Consolidated Member Case . Lead Case Number: 1cv97 1294 (clar)
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| 10 |
Filed: 7/14/1998, Entered: 7/15/1998 |
Bankruptcy Appeal |
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BANKRUPTCY RECORD on appeal received red folder (clar)
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| 9 |
Filed: 6/2/1998, Entered: 6/5/1998 |
Order |
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ORDER granting in part, denying in part [2-1] motion by Barbara Eckert, William Taylor, Vernon Shirley, Ivy Cooper to Withdraw the Reference; Ordered that the reference be and is withdrawn only as to those issues that pertain to the movants' ERISA claims against the debtor. (see order for details) - ent & filed. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (clar)
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| 8 |
Filed: 5/29/1998, Entered: 6/2/1998 |
Bankruptcy Appeal |
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Supplemental BANKRUPTCY RECORD on appeal 1 pleading received (clar)
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| 7 |
Filed: 5/20/1998, Entered: 5/22/1998 |
Miscellaneous Document |
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Response to by Ivy Cooper, Vernon Shirley, William Taylor, Barbara Eckert [5-1] objection by Mary Frances Kossan to Motion to Withdraw Reference (clerk)
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| 6 |
Filed: 5/20/1998, Entered: 5/22/1998 |
Memorandum in Support |
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MEMORANDUM by Mary Frances Kossan in support of [5-1] opposition to Motion to Withdrawn Reference (clerk)
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| 5 |
Filed: 5/20/1998, Entered: 5/22/1998 |
Objection |
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OBJECTION by defendant Mary Frances Kossan to [2-1] motion by Barbara Eckert, William Taylor, Vernon Shirley, Ivy Cooper to Withdraw the Reference (clerk)
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| 4 |
Filed: 5/20/1998, Entered: 5/22/1998 |
Notice of Hearing. |
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NOTICE of Hearing: Motion Hearing set for 10:00 5/29/98 for [2-1] motion by Barbara Eckert, William Taylor, Vernon Shirley, Ivy Cooper to Withdraw the Reference (clerk)
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| 3 |
Filed: 5/20/1998, Entered: 5/22/1998 |
Memorandum in Support |
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MEMORANDUM by Ivy Cooper, Vernon Shirley, William Taylor, Barbara Eckert in support of [2-1] motion by Barbara Eckert, William Taylor, Vernon Shirley, Ivy Cooper to Withdraw the Reference (clerk)
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| 2 |
Filed: 5/20/1998, Entered: 5/22/1998, Terminated: 6/2/1998 |
Motion for Miscellaneous Relief |
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MOTION by Barbara Eckert, William Taylor, Vernon Shirley, Ivy Cooper to Withdraw the Reference (filed in US Bankrupcty Court 4/29/98) (clerk)
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| 1 |
Filed: 5/20/1998, Entered: 5/22/1998 |
Docket Annotation |
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US Bankrupcty Court Transmittal of Withdrawl of Reference Motion together with copy of US Bankruptcy Docket Sheet and Complaint. (clerk)
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