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14-872 - Bill Johnson's Restaurants Incorporated, et al v. Plattner, Schneidman, Schneider, Jeffries & Plattner PC, et al


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14-872 - Bill Johnson's Restaurants Incorporated, et al v. Plattner, Schneidman, Schneider, Jeffries & Plattner PC, et al
January 3, 2017
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ORDER granting Motion for Withdrawal of Reference (Doc. 19). This case has been reopened. Signed by Judge H Russel Holland on 12/30/16. (KGM)
June 7, 2017
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*MODIFIED as to plaintiffs' motion for partial summary judgment by order 38* ORDER - The Plattner defendants' motion for summary judgment and motion to exclude are denied, with leave to summarily renew if the bankruptcy court does approve plaintiffs' settlement with the Plattner defendants. The Harmon defendants' motion for summary judgment is granted in part and denied in part. It is granted as to the issue of whether the creditors' claims can be a component of plaintiffs' damages. Should plaintiffs prevail on any of their claims, their damages may not include the value of the creditors' claims to the extent that these claims represent expenditures that BJRI would have been incurred even if it had not filed bankruptcy. The Harmon defendants' motion for summary judgment is otherwise denied. Plaintiffs' motion for partial summary judgment is denied. From its review of the scheduling and planning orders entered by the bankruptcy court prior to the withdrawal of the reference, it is the court's perception that no further development of this case as to the Harmon defendants and plaintiffs is necessary. If either plaintiffs or the Harmon defendants disagree with this assessment, they shall notify the court on or before June 22, 2017. (See document for further details). Signed by Judge H Russel Holland on 6/7/17. (SLQ) Modified on 7/13/2017 (SLQ).