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12-1044 - Krohn v. Burton et al


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12-1044 - Krohn v. Burton et al
August 5, 2013
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DECISION - Burton has not raised a material question of fact to defeat the Trustees motion for summary judgment, and has not established that he is entitled to summary judgment dismissing this action. Swift holds record title to 50% of the stock and the Apartments, and there is no evidence that Bismuth was ever the beneficial owner of that interest. Therefore, the Trustee isentitled to judgment declaring that the estate holds a 50% ownership interest in the stock and the Apartments, and directing Burton to turn over the Apartments to the Trustee pursuant to ยง 542. Burton must also provide an accounting of all the rents and proceeds he received on account ofthe Apartments. The Trustees motion for a default judgment against Bismuth is denied without prejudice. A separate order will issue.(RE: related document(s)17 and 51). Signed on 8/5/2013 (vma)
January 9, 2014
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Decision that All of Burtons arguments for reconsideration, including those not expressly discussed herein, constitute either variations of arguments already rejected in the Decision, or new arguments that could have been raised in opposition to the Trustees motion for summary judgment. Burtons motion therefore does not establish an intervening change of controlling law, the availability of new evidence, or the need to correct a clear error or prevent manifest injustice, and instead seeks to advance new facts or arguments, and to take a second bite at the apple. Virgin Atl. Airways, 956 F.2d at 1255; Sequa, 156 F.3d at 144. For these reasons, the motion must be denied (RE: related document(s)76 Opinion/Decision, 78 Motion to Reconsider). Burtons request for an extension of time to file an appeal of the Decision and Order is also denied. A separate order will issue. Signed on 1/9/2014 (aac)
November 3, 2014
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Decision that the Burtons Motion to Amend is Denied. A separate order shall issue herewith (RE: related document(s)13 Generic Motion filed Defendant Robert Burton, 100). Signed on 11/3/2014. (aac)