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15-004 - CAUDILL SEED & WAREHOUSE CO., INC. v. ROSE


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15-004 - CAUDILL SEED & WAREHOUSE CO., INC. v. ROSE
April 18, 2016
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ORDER ON MOTION TO AVOID FRAUDULENT CONVEYANCES - 54 Motion to Avoid Fraudulent Conveyances is GRANTED. Caudill Seed may levy execution on those assets to the extent necessary to satisfy its 2015 judgment. (Filing No. 19.) The transfers between Rose and the grantees shall remain valid, and the only effect of this order enforcing Caudill Seed's judgment is to subject the property to execution as though it were still in the name of Rose. Caudill Seed must also execute in compliance with Indiana Trial Rule 69 and according to creditor priorities. Caudill Seed must first obtain a lien on real property and allow the passage of six months prior to execution. Ind. Trial Rule 69(A). Caudill Seed is also ordered to obtain a qualified title opinion for all parties of interest. Ind. Trial Rule 69(F). Furthermore, Caudill Seed must satisfy its judgment according to its priority, since it is not the only creditor with a valid security interest in Rose's property. See Entry for details. Signed by Magistrate Judge Tim A. Baker on 4/18/2016. (LBT)
July 29, 2016
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ORDER - 72 Motion for Clarification is DENIED. The Court will not set aside its prior order so that MMR can respond again. See Order for details. Signed by Magistrate Judge Tim A. Baker on 7/29/2016. (LBT)
November 4, 2016
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ENTRY ON DEFENDANT'S AND INTERESTED PARTY'S OBJECTIONS TO MAGISTRATE JUDGE'S ORDER ON MOTION TO AVOID FRAUDULENT CONVEYANCES - The Court OVERRULES 66 Objections and ADOPTS the Report and Recommendation contained in the Magistrate Judge's Order (60). See Entry for details. Signed by Judge Tanya Walton Pratt on 11/4/2016. (LBT)
March 27, 2017
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REPORT AND RECOMMENDATIONS re 77 filed by CAUDILL SEED & WAREHOUSE CO., INC. Caudill Seed's motion for a charging order [Filing No. 77] should be granted. Rose's economic interest in the 32 acres located at 13812 Nabb-New Washington Road, Nabb, Clark County, Indiana, should be charged against any unsatisfied part of Caudill Seed's judgment against Rose. [Filing No. 19.] Caudill Seed should obtain a lien against Rose's interest in the real estate. Any objections to the Magistrate Judge's Report and Recommendation shall be filed with the Clerk in accordance with 28 U.S.C. ยง 636(b)(1). Failure to file timely objections within fourteen days after service shall constitute waiver of subsequent review absent a showing of good cause for such failure. See R&R for additional details. Signed by Magistrate Judge Tim A. Baker on 3/27/2017. (MAT)
April 17, 2017
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ORDER ADOPTING 103 REPORT AND RECOMMENDATIONS for 77 APPLICATION for Charging Order - The Magistrate Judge submitted his Report and Recommendation on Plaintiff's Renewed Application for a Charging Order (Dkt. 103). The parties were afforded due opportunity pursuant to statute and the rules of this Court to file objections; none were filed. The Court, having considered the Magistrate Judge's Report and Recommendation, hereby adopts the Magistrate Judge's Report and Recommendation. Signed by Judge Tanya Walton Pratt on 4/17/2017. (MAT)
March 27, 2018
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ENTRY ON PLAINTIFF'S OBJECTIONS TO MAGISTRATE'S REPORT AND RECOMMENDATION ON MOTION TO MODIFY CHARGING ORDER (Filing No. 126) - For the foregoing reasons, the Court OVERRULES Caudill Seed's Objections (Filing No. 127) and ADOPTS the Magistrate Judge's Report and Recommendation (Filing No. 126). Caudill Seed's Motion to Modify Charging Order (Filing No. 116) is DENIED, and Matt Rose's Motion for Evidentiary Hearing (Filing No. 122) is also DENIED. See Entry for details. Signed by Judge Tanya Walton Pratt on 3/27/2018. (MAT)