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08-2027 - Capital Solutions, LLC v. Konica Minolta Business Solutions U.S.A., Inc.


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08-2027 - Capital Solutions, LLC v. Konica Minolta Business Solutions U.S.A., Inc.
March 17, 2008
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ORDER granting 14 Motion to Withdraw as Attorney. Attorney Daniel F. Church terminated. Signed by Magistrate Judge James P. O'Hara on 3/17/08. (mh)
April 25, 2008
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MEMORANDUM AND ORDER denying as moot 8 Motion to Dismiss. Signed by District Judge John W. Lungstrum on 04/25/2008.(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ses)
May 5, 2008
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REVISED INITIAL ORDER REGARDING PLANNING AND SCHEDULING entered. Parties planning meeting shall be held no later than 6/24/08. Report of Parties Planning Meeting deadline 7/1/2008. Telephone Scheduling Conference set for 7/8/2008 at 10:00 AM before Magistrate Judge David J. Waxse. Counsel shall provide electronically contact information for the conference no later than close of business on 7/3/08. SEE ORDER FOR DETAILS. Signed by Magistrate Judge David J. Waxse on 5/5/08. (mh)
July 14, 2008
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MEMORANDUM AND ORDER granting in part and denying in part 29 Motion to Dismiss Counts V and VI of Plaintiff's Amended Complaint. Signed by District Judge John W. Lungstrum on 07/14/2008. (ses)
August 11, 2008
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MEMORANDUM AND ORDER granting in part and denying in part 38 Defendant Bank of Oklahoma N.A.'s Motion to Dismiss for Plaintiff's Failure to State a Claim (in Case 08-2027). It is furhter ordered that the defendants Motion to Dismiss or to Consolidate and Motion to Dismiss or Transfer (docs. 4 and 11 in Case No. 08-2191) are denied insofar as they seek dismissal of plaintiffs claims. Signed by District Judge John W. Lungstrum on 8/11/2008. (ses)
September 4, 2008
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ORDER TO DEFENDANT LEE ULLMAN TO SHOW CAUSE by 9/12/08 why the parties' proposed Stipulated Protective Order should not be entered. Signed by Magistrate Judge David J. Waxse on 9/4/08. (mh)
October 22, 2008
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MEMORANDUM AND ORDER denying 76 Motion to strike plaintiffs demand for a jury trial. Signed by District Judge John W. Lungstrum on 10/22/2008. (ses)
February 27, 2009
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MEMORANDUM AND ORDER denying without prejudice 103 Motion to Consolidate Cases and the 105 Motion to Sever. Signed by District Judge John W. Lungstrum on 02/27/2009. (ses)
June 11, 2009
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MEMORANDUM AND ORDER denying 87 MOTION to Amend Complaint re 21 Amended Complaint filed by Capital Solutions, LLC. Follows oral order of 3/23/2009. Signed by Magistrate Judge David J. Waxse on 6/11/2009.(bh)
November 3, 2009
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MEMORANDUM AND ORDER ruling objections to pretrial order. Signed by Magistrate Judge David J. Waxse on 11/3/09. (mh)
February 5, 2010
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MEMORANDUM AND ORDER granting in part and denying in part 181 Motion for Summary Judgment - BOKs motion for summary judgment against Capital Solutions, LLC (Capital) and individual defendants Mike Breakey, Larry Seward Lee Ullman, and Mike Earl is granted as unopposed, and judgment is awarded to BOK against those parties in the amount of $2,548,218.36, with additional interest accruing after November 1, 2009, until the date of judgment at a rate of $137.90 per day. BOKs motion for summary judgment against Konica Minolta Business Solutions U.S.A., Inc. (KMBS) is granted in part and denied in part. As set forth herein, the motion is granted with respect to BOKs foreclosure of its security interest, its request for a preliminary injunction relating to its collateral, and liability for conversion. The motion is otherwise denied. Further, granting in part and denying in part, and taking under advisement in part 184 Motion for Summary Judgment - KMBSs motion for summary judgment against BOK on BOKs conversion claim is denied. KMBSs motion for summary judgment against Capital is granted in part and denied in part and retained under advisement in part. The motion is granted with respect to Capitals fraud claim; the motion is retained under advisement with respect to Capitals damage claims for lost profits and the value of the business; and the motion is otherwise denied; granting in part and denying in part 259 Motion to Strike. Capital shall file any brief in response to KMBSs motion to preclude expert testimony by Mike Earl (Doc. # 266) on or before February 10, 2010. No reply brief by KMBS in support of that motion will be permitted. Signed by District Judge John W. Lungstrum on 02/05/2010. (ses)
February 11, 2010
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MEMORANDUM AND ORDER granting 147 Motion to allow jury to determine the amount of any punitive damages awarded in this case; denying 186 Motion Pursuant to Fed. R. Civ. P. 67 to Deposit Funds with the Court; and granting in part and denying in part 173 Renewed Motion for Supplemental Relief - the Pretrial Order in this case is hereby amended to include a claim by BOK for bad faith attorney fees relating to BOKs conversion claim against KMBS. KMBS is granted leave to assert any affirmative defense to that claim for inclusion in the Pretrial Order; KMBS shall assert any such defense by filing a pleading entitled Supplemental Defense on or before February 19, 2010. Signed by District Judge John W. Lungstrum on 02/11/2010. (ses)
February 12, 2010
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MEMORANDUM AND ORDER - KMBSs motion for summary judgment (Doc. # 184) is granted in part, to the extent that the motion relates to Capitals claims for damages for lost profits and for the failure of Capitals business or its banking relationship with BOK, and KMBS is awarded summary judgment on those claims; granting 188 Motion in Limine and 266 Motion to Exclude Expert and Other Testimony of Mike Earl and Mr. Earl will be prohibited at trial from offering any expert testimony or any opinion testimony relating to lost profits or the value of Capital. Signed by District Judge John W. Lungstrum on 02/12/2010. (ses)