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08-2191 - Bank of Oklahoma, N.A. v. Capital Solutions, LLC et al


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08-2191 - Bank of Oklahoma, N.A. v. Capital Solutions, LLC et al
August 11, 2008
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MEMORANDUM AND ORDER: Defendant Bank of Oklahoma N.A.s Motion to Dismiss for Plaintiffs Failure to State a Claim (doc. 38 in Case No. 08-2027) is granted in part and denied in part.IT IS FURTHER 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)
February 5, 2010
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MEMORANDUM AND ORDER (filed in 08-2027 and 08-2191)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.; granting in part and denying in part, retained 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). Signed by District Judge John W. Lungstrum on 2/5/2010.(ses)