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10-2169 - Kinzel, et al v. Bank of America, et al


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10-2169 - Kinzel, et al v. Bank of America, et al
November 1, 2011
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Order : Defendants' motion to dismiss count one of plaintiffs' complaint is denied. Defendants' motion to dismiss all other counts in plaintiffs' complaint is granted. A scheduling conference is set for November 21, 2011 at 10:30 a.m. Out of town counsel may participate by phone. (Related Doc # 41). Judge James G. Carr on 11/1/2011.(S,AL)
March 13, 2013
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Memorandum Opinion and Order : Plaintiffs' motion for reconsideration and motion for leave to file a third amended complaint denied. Defendants' motion for partial judgment on the pleadings denied. (Related Doc # 58)7179. Judge Jeffrey J. Helmick on 3/13/2013.(S,AL)
August 30, 2013
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Memorandum, Opinion and Order : Defendants' motion is granted. Plaintiffs' jury demand is stricken and this case will be removed from the jury calendar. 104. Judge Jeffrey J. Helmick on 8/30/2013.(S,AL)
September 17, 2013
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Memorandum Opinion and Order : Plaintiffs' motion to conform the pleadings to the evidence is denied as moot. Plaintiffs' amended motion is granted in part and denied in part. Plaintiffs may proceed with a claim for negligent breach of contract with respect to Defendants' alleged failure to properly credit the $100,000 payment only. Plaintiffs also may continue to pursue their claim for breach of the duty of good faith and fair dealing. Defendants' motion to strike Plaintiffs' motion for summary judgment is granted in part and denied in part. As a matter of law, Plaintiffs are not entitled to summary judgment on Issues I, IV, V, VI, VII, VIII, or IX. Plaintiffs' summary judgment motion shall stand with respect to Issues II, III, and X. (Related Doc # 120)130136. Judge Jeffrey J. Helmick on 9/17/2013.(S,AL)
January 24, 2014
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. Helmick on 1/24/2014. (S,AL)Memorandum Opinion and Order: Plaintiffs' motion to amend their complaint and withdraw the negligent breach of contract claim is granted. Defendants' motion for summary judgment is denied as moot. re 151 147. Judge Jeffrey J
January 30, 2014
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Memorandum Opinion and Order : Plaintiffs' motion for summary judgment, (Doc. No. 115), is granted in part and denied in part. Defendants' motion for summary judgment, (Doc. No. 113), is denied. As a matter of law, Richard and Judith Kinzel, as individuals, are parties to the LMA Agreement through the 'other parties' clause. There remain genuine issues of material fact as to whether Defendants violated the covenant of good faith and fair dealing in exercising their discretion to liquidate collateral securing Plaintiffs' loan. 113 115. Judge Jeffrey J. Helmick on 1/30/2014.(S,AL)
July 17, 2014
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Memorandum Opinion and Order: Defendants' motion, (Doc. No. 172), is granted in part and denied in part; (2) Defendants' motion, (Doc. No. 170), is granted in part and denied in part as moot; and (3) Plaintiffs' motion, (Doc. No. 161), is denied. re 161, 170,172. Judge Jeffrey J. Helmick on 7/17/14. (SG,D)
August 18, 2014
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Order: ruling on objections to depositions (see order for full details). Judge Jeffrey J. Helmick on 8/18/2014. (S,AL)
March 14, 2016
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Memorandum Opinion and Order: I conclude Merrill Lynch is entitled to judgment on the Kinzels' claim for breach of the implied covenant of good faith and fair dealing. I also conclude the Kinzels are entitled to judgment on Merrill Lynch's counterclaims for breach of contract and indemnification. Finally, Merrill Lynch's motion for reconsideration is denied. Judge Jeffrey J. Helmick on 3/14/2016. (S,AL)