DESIGN BASICS, LLC et al v. KERSTIENS HOMES & DESIGNS INC., et al

Filing 300

ORDER ADOPTING REPORT AND RECOMMENDATION - The Court, having considered the Magistrate Judge's Report and Recommendation, hereby adopts the Magistrate Judge's Report and Recommendation. The Motion to Establish Security Amount is GRANTE D in PART. The Court finds that a security in the amount of $530,998.36 is reasonable under the circumstances. The Court grants the request to approve the security and orders that the execution of judgment and payment of fees and costs are st ayed with security in the amount of $530,998.36 pending appeal in this matter. The obligation of the Plaintiffs and the Garnishee Defendants to provide responses to the written discovery is deemed moot. The proceedings supplemental hearing set April 30, 2020 is VACATED. Signed by Judge Tanya Walton Pratt on 4/28/2020.(NAD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
DESIGN BASICS, LLC,
PLAN PROS, INC.,
PRIME DESIGNS INC.,
Plaintiffs,
v.
KERSTIENS HOME & DESIGNS, INC.,
T-KERSTIENS HOMES CORP.,
KERSTIENS REALTY, INC.,
KERSTIENS MANAGEMENT CORP.,
KERSTIENS LEASING CORP.,
KERSTIENS HOLDING CORP.,
KERSTIENS DEVELOPMENT INC.,
Defendants.

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No. 1:16-cv-00726-TWP-DLP

ORDER ADOPTING REPORT AND RECOMMENDATION
The Magistrate Judge submitted her Report and Recommendation on the Motion to
Establish Security Amount (Dkt. 294). The parties were afforded due opportunity pursuant to
statute and the rules of this Court to file objections; none were filed. The Court, having considered
the Magistrate Judge’s Report and Recommendation, hereby adopts the Magistrate Judge’s Report
and Recommendation. The Motion to Establish Security Amount is GRANTED in PART. The
Court finds that a security in the amount of $530,998.36 is reasonable under the circumstances.
The Court grants the request to approve the security and orders that the execution of judgment and
payment of fees and costs are stayed with security in the amount of $530,998.36 pending appeal
in this matter. The obligation of the Plaintiffs and the Garnishee Defendants to provide responses
to the written discovery is deemed moot. The proceedings supplemental hearing set April 30, 2020
is VACATED.
IT IS SO ORDERED.

Date:

4/28/2020

Distribution:
John A. Conway
SOUTHBANK LEGAL: LADUE CURRAN KUEHN
[e-mail]
Mark F. Criniti
SOUTHBANK LEGAL: LADUE CURRAN KUEHN
[e-mail]
Melanie Ann Eich
CLEMENTS LEGAL GROUP
[e-mail]
Paul E. Harold
LADUE CURRAN & KUEHN
[e-mail]
John David LaDue
LADUE CURRAN & KUEHN LLC
[e-mail]
Paul B. Overhauser
OVERHAUSER LAW OFFICES, LLC
[e-mail]
Sean Joseph Quinn
SOUTHBANK LEGAL: LADUE CURRAN KUEHN
[e-mail]
Eric M. Wilkins
HUNT SUEDHOFF KALAMAROS
[e-mail]