BLANKENBERGER BROTHERS HOLDINGS, LLC et al v. BRONCO COAL COMPANY et al

Filing 295

ORDER denying 282 Third-Party Defendants' Motion for Judgment on Sanctions; granting 288 Motion to Lift Stay and Set Trial Date; denying 289 Third-Party Defendants' Renewed Motion for Judgment on Sanctions; and granting 291 defendan t's Daniel Hodges Motion to Dismiss. The Court SETS this case for a BENCH TRIAL on Monday, 2/14/2011 at 09:30 AM in room #512, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Larry J. McKinney. Final Pretrial Conference set for 1/28/2011 at 10:00 AM in room #512, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Larry J. McKinney. Signed by Judge Larry J. McKinney on 11/18/2010. c/m. (LBK)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION BLANKENBERGER BROTHERS ) HOLDINGS, LLC., et al., ) Plaintiffs/Counter Defendants, ) ) vs. ) ) BRONCO COAL COMPANY, et al., ) Defendants/Counter Plaintiffs, ) ) vs. ) ) PATRICK BLANKENBERGER, et al., ) ) Third-Party Defendants. ORDER This matter is before the Court on third-party defendants', Patrick Blankenberger, Rick J. Blankenberger, David M. Blankenberger, John Brandt, Black Rush Mining, LLC, BryceDowney, LLC, Geoffrey A. Bryce, Jeanne M. Hoffman, Five Star Mining, Inc., Lafayette Coal Company, Inc., and Tim Kerr (collectively, the "Third-Party Defendants"), Motion for Limited Relief From Stay and for Entry of Separate Judgment on Dismissed Claims and Sanctions Order ("Motion for Judgment on Sanctions") (Dkt. No. 282); plaintiffs', Blankenberger Brothers Holdings, LLC and Hoosier King Coal Company (collectively, the "Plaintiffs"), Motion to Lift Stay and Set Trial Date ("Motion to Lift Stay") (Dkt. No. 288); Third-Party Defendants' Renewed Motion for Entry of Separate Judgment on Dismissed Claims and Sanctions Order ("Renewed Motion for Judgment on Sanctions") (Dkt. No. 289); and defendant's, Daniel Hodges ("Hodges"), Motion to Dismiss (Dkt. No. 291). The factual background of this case is set forth in the Court's January 25, 2007,

1:06-cv-0362-LJM-DML

Order. Dkt. No. 141. In the their Motion for Judgment on Sanctions and Renewed Motion for Judgment on Sanctions, the Third-Party Defendants ask the Court to enter judgment in their favor on the sanctions that the Court awarded Third-Party Defendants when it dismissed third-party plaintiffs', Bronco Coal Co. and Daniel Hodges (collectively, the "Third-Party Plaintiffs"), Amended Complaint. See generally Dkt. Nos. 141, 165. However, as the Court previously ruled, its Order sanctioning Third-Party Plaintiffs' counsel is stayed until the final disposition of this litigation. Dkt. No. 173. Accordingly, Third-Party Defendants' Motion for Judgment on Sanctions and Renewed Motion for Judgment on Sanctions are DENIED. Plaintiffs Motion to Lift Stay is unopposed and, accordingly, is GRANTED. Likewise, Hodges' Motion to Dismiss is unopposed and is GRANTED. To the extent that the ThirdParty Plaintiffs' response briefs to Third-Party Defendants' Motion for Judgment on Sanctions and Renewed Motion for Judgment on Sanctions ask the Court to revisit its prior rulings, the Court declines to do so. Furthermore, the Court sees no need for further delay in this case. Accordingly, the Court SETS this case for a BENCH TRIAL on Monday, February 14, 2011, at 9:30 a.m. The FINAL PRETRIAL CONFERENCE will be held on Friday, January 28, 2011, at 10:00 a.m., in Room 512, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. IT IS SO ORDERED THIS 19th day of November, 2010.

Distribution attached.

________________________________ LARRY J. J. McKINNEY, JUDGE LARRY McKINNEY, JUDGE United States District Court United States District Court Southern District of of Indiana Southern District Indiana

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Distribution to: Jeff M. Barron BARNES & THORNBURG LLP [e-mail] Sara R. Blevins LEWIS & KAPPES [e-mail] Peter S. French LEWIS & KAPPES [e-mail] Jeanne M. Hoffmann BRYCEDOWNEY LLC [e-mail] Raymond M. Krauze BRYCEDOWNEY, LLC [e-mail] Frank C. Rowland BRYCEDOWNEY, LLC [e-mail] Richard A. Saldinger SHAW GUSSIS FISHMAN GLANTZ WOLFSON & TOWBIN LLC [e-mail] Jennifer Van Blargan BRYCEDOWNEY, LLC 201 N. LaSalle Street Suite 2700 Chicago, IL 60601 James E. Zoccola LEWIS & KAPPES [e-mail]

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