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04-1815 - LANDEEN v. PHONEBILLIT, INC. et al


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04-1815 - LANDEEN v. PHONEBILLIT, INC. et al
October 18, 2005
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ORDER granting 87 Motion to Dismiss. Signed by Judge Larry J. McKinney on 10/18/05. (GJQ)
March 30, 2007
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ORDER granting 173 non-party Timothy Durham's Verified Motion to Quash Subpoena. (See Entry) Signed by Judge William T. Lawrence on 03/30/2007. (TMA)
April 4, 2007
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ORDER denying 203 Motion to Compel Discovery against Neil Lucas; granting in part and denying in part 210 Motion to Compel depositions of Neil Lucas and Cindy Landeen; granting 211 Motion to Strike 209 Notice; denying 222 Motion to Compel Cindy Landeen's answers to discovery; denying 225 Motion for Reconsideration ; denying 263 Emergency Motion to reopen discovery; and denying 269 Motion to Strike 268 response in opposition to motion to reopen discovery. (See Entry) Signed by Judge William T. Lawrence on 04/04/2007. (TMA)
June 12, 2007
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ORDER denying 228 Sann's Notice of Objections to the Magistrate Judge's entry of 11/6/06; denying 229 Sann's Motion for Oral Argument on that Notice; denying 273 Sann's Appeal of Magistrate Judge's Decision to District Court; and denying 274 Sann's Motion for Oral Argument on that Appeal. See Order for details. Signed by Judge Larry J. McKinney on 06/12/07. (GJQ)
September 11, 2007
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ORDER granting 195 Lucas' Motion to Bar Expert Testimony; granting in part and denying in part 214 Lucas' Motion for Summary Judgment (Counts II, III, IV, V, VI, VII, VIII, IX, XI, XII, XV, XVI, and XVII are GRANTED, and Count I is DENIED); granting in part and denying in part 218 Landeen's First Motion for Summary Judgment (Counts XI, XII, XIII, XIV, XV, XVI, and XVII are GRANTED, and Count X is DENIED); denying 219 Landeen's Motion for Oral Argument on Summary Judgment; granting in part and denying in part 249 Landeen's First Motion to Strike Portions of the Affidavit of Steven V. Sann; granting 251 Lucas' Motion to Preclude Expert Testimony; and granting 252 Sann's Motion to Preclude Testimony of John Deckard. See Order for specific details. Signed by Judge Larry J. McKinney on 09/11/07. (GJQ)
December 6, 2007
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ORDER: For the foregoing reasons (see Order), all of respondent/intervenor/counterclaim plaintiffs, Steven V. Sann, Objections 292 & 303 to the Receivers Report in Partial Settlement of Receivership Proceedings Pursuant to Indiana Code Chapter 32-30-5-14 279, are OVERRULED. Respondent, PhoneBILLit, Inc., is entitled to judgment in the amount of $102,695.90, against Voice Mail Services, Ltd. and/or VMS Ltd., and Steven V. Sann, jointly and severally. All further claims for relief by respondent/intervenor/counterclaim plaintiff, Steven V. Sann, against respondent, PhoneBILLit, Inc., are hereby barred by Indiana Code ยง 32-30-5-18(b). The Successor Receivers Motion to Exclude Evidence at Hearing 340 is GRANTED in part and DENIED in part for the reasons stated on the record for the Hearing on November 27, 2007. Signed by Judge Larry J. McKinney on 12/6/07. (PG)
December 20, 2007
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ORDER: Respondent/intervenor/counterclaim plaintiffs, Steven V. Sann, Motion for Leave of Court to file his Response in Opposition to Lucas Motion to Dismiss and/or for Judgment as a Matter of Law 364 one day late is GRANTED. Respondent/intervenor/counterclaim plaintiffs, Steven V. Sann, Response in Opposition to Lucas Motion to Dismiss and/or for Judgment as a Matter of Law, which is Exhibit A to 364, is deemed filed on December 19, 2007. Respondent/intervenor/counterclaim defendants, Neil Lucas, Motion for Summary Ruling on Motion for Involuntary Dismissal and/or Judgment as a Matter of Law 362 is DENIED. Respondent/intervenor/counterclaim defendants, Neil Lucas, Motion for Involuntary Dismissal and/or Judgment as a Matter of Law 347 is GRANTED. Count I of respondent/intervenor/counterclaim plaintiffs, Steven V. Sann, Verified Intervenors Individual and Derivative Complaint is hereby DISMISSED with prejudice. Signed by Judge Larry J. McKinney on 12/20/07. (PG)
January 28, 2008
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MEMORANDUM OPINION AND ORDER FOLLOWING BENCH TRIAL: Based on the foregoing (see order), Patton has failed to show by a preponderance of the evidence that he is disabled within the definition of the relevant policy. Consequently, he has failed to satisfyhis burden of proof. Accordingly, judgment shall be entered in favor of the defendant, MFS/Sun Life Financial Distributors, Inc., f/k/a Sun Life Assurance Company of Canada, and against the plaintiff, Michael Patton. Signed by Judge Larry J. McKinney on 1/28/08.(PG) ***PLEASE DISREGARD THIS INCORRECT FILING***Modified on 1/30/2008 (PG).
April 8, 2008
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ORDER granting in part and denying in part 358 Motion to Amend/Correct Judgment or in the Alternative Rule 52(b) Motion for Amendment of the Courts Findings and Conclusions. The Courts December 6, 2007, Order 357 is hereby MODIFIED in that respondent, PhoneBILLit, Inc., is entitled to judgment in the form of an offset from only respondent/intervenor/counterclaim plaintiff, Steven V. Sann, in the amount of $102,695.90. Signed by Judge Larry J. McKinney on 4/8/08. (PG)