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13-2101 - Ross v. Rothstein


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13-2101 - Ross v. Rothstein
July 19, 2013
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MEMORANDUM AND ORDER denying plaintiff/counterclaim defendant Mr. Rosss motion for order permitting the deposit into court of Infinity Energy Resource, Inc. Certificate No. 3278 representing 77,310 shares of Infinitys common stock 24. IT IS FURTHER ORDERED BY THE COURT THAT Mr. Ross, no later than August 5, 2013, shall issue such instructions, make such requests and take such actions within his power, competence and authority to cause Infinitys stock transfer agent to reissue Infinity Energy Resource, Inc. Certificate No. 3278 without the restrictive legend. Thereafter, Mr. Ross shall promptly, and no later than Friday, August 9, 2013, move the court for permission to deposit that certificate with the court. Signed by District Judge John W. Lungstrum on 7/19/2013. (ses)
September 9, 2013
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MEMORANDUM AND ORDER denying 23 defendant/counter claimant Adam Rothsteins Motion for Sanctions; granting in part and denying in part 25 his motion for partial judgment on the pleadings or, alternatively, for partial summary judgment. IT IS FURTHER ORDERED BY THE COURT THAT the Clerk of the Court enter judgment in favor of Mr. Rothstein on his claims for breach of the secured promissory note; breach of the forbearance agreement; and breach of the superseding pledge agreement and foreclosure of security interest in the amount of $210,000, plus 18% default interest compounding monthly beginning September 7, 2013. IT IS FURTHER ORDERED BY THE COURT THAT Mr. Rothstein is entitled to obtain from the Clerk of the Court the original Infinity Energy Resource, Inc. Certificate No. 3287 representing 77,310 shares of Infinitys common stock. Prior to taking possession of the Certificate, Mr. Rothstein shall contact the clerks office to arrange for the timing of the delivery of the Certificate. Signed by District Judge John W. Lungstrum on 9/9/2013. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ses) Modified on 7/8/2014 (WO) (lak).
April 9, 2014
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MEMORANDUM AND ORDER denying 125 defendant/counter claimant Adam Rothstein's Motion for Review; granting 132 Mr. Rothstein's Second Motion for Partial Summary Judgment; denying 159 Mr. Ross's Motion for Reconsideration; and denying 185 Mr. Rothstein's Motion for Sanctions. Signed by District Judge John W. Lungstrum on 04/09/2014. (ses)
May 30, 2014
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MEMORANDUM AND ORDER denying 208 plaintiff Stanton E. Ross's motion under Federal Rule of Civil Procedure 54(h) for order striking declaration of Stephen Gans. Signed by District Judge John W. Lungstrum on 05/30/2014. (ses)
June 2, 2014
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MEMORANDUM AND ORDER NUNC PRO TUNC denying 208 Motion for Order Striking Declaration of Stephen Gans. Signed by District Judge John W. Lungstrum on 6/2/14. (mm)
December 23, 2014
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REPORT AND RECOMMENDATION. It is recommended that 261 Plaintiff's First Motion for Order in Limine Excluding all Facts, Evidence, Testimony, Opinions and Inferences Offered by Defendant's Proffered Expert, Attorney Brian C. Underwood (ECF No. 261) be GRANTED IN PART AND DENIED IN PART. Underwood should be precluded from offering at trial the four expert opinions set forth in his Affidavit. The Court also disregards Underwood's four legal opinions asserted in his Affidavit in ruling on the pending cross motions for summary judgment. The Court will, however, consider the factual information provided by Underwood in his Affidavit, particularly as to the OTC markets and the OTCQB in particular, in making its own legal conclusions. IT IS FURTHER RECOMMENDED THAT 252 Defendant Rothstein's Motion for Summary Judgment as to Plaintiff's claim for Wrongful Disposition of Collateral, Rothstein's Right to a Deficiency Damages Award, and Entitlement to Attorney's Fees (ECF No. 252) be GRANTED. It is recommended that summary judgment be entered in favor of Rothstein on Ross's wrongful disposition of collateral claim. It is further recommended that upon adoption of this Report and Recommendation, the District Judge set an evidentiary hearing to determine the amount of the deficiency judgment. It is further recommended that Rothstein is entitled to recover his reasonable out-of-pocket costs and expenses as provided in paragraph 14 of the (Superseding) Pledge Agreement, with the amount to be determined pursuant to the fee application process set out in Fed. R. Civ. P. 54(d)(2) and D. Kan. Rule 54.2. IT IS FURTHER RECOMMENDED THAT 255 Plaintiff's Motion for Summary Judgment Upon his Claim Against Defendant for Wrongful Disposition of Collateral Under K.S.A. 84-9-624 and 9-626 and Upon Defendant's Counterclaim for Fraud in the Inducement (ECF No. 255) be DENIED. It is recommended that Ross's motion for summary judgment on Rothstein's fraud in the inducement counterclaim be denied as untimely filed and because genuine factual issues exist that preclude summary judgment. Objections to R&R due by 1/6/2015. Signed by Magistrate Judge Teresa J. James on 12/23/2014. (byk)
March 12, 2015
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MEMORANDUM AND ORDER granting 252 Motion for Summary Judgment; denying 255 Motion for Summary Judgment; granting in part and denying in part 261 Motion in Limine; adopting 283 Report and Recommendations. Signed by District Judge Daniel D. Crabtree on 03/12/2015. (mig)
June 25, 2015
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MEMORANDUM AND ORDER re: 298 MOTION for Voluntary Dismissal. SEE ORDER FOR DETAILS. Signed by District Judge Daniel D. Crabtree on 6/25/2015. (hs)
January 22, 2016
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MEMORANDUM AND ORDER granting in part defendant's 308 Motion to Recover Attorney's Fees and Expenses, and 316 Amended Motion to Recover Attorney's Fees and Expenses. Further, granting defendant's 329 Motion to Dismiss With Prejudice His Counterclaim Counts IV-VII. Signed by District Judge Daniel D. Crabtree on 1/22/2016. (mg)