Premium Financial Group, LLC v. MPVF LHE Lexington, LLC

Filing 15

MEMORANDUM OPINION & ORDER: 1) The Hearing set for 11/6/2013 at 10:00 AM is SET ASIDE pending further order of the Court. 2) Matter is referred to Magistrate Judge Wier to assist the parties in developing a scheduling order and discovery plan. 3) Mag istrate Judge Wier will assist the parties in determining the legal issues for this Court to resolve. Magistrate Judge will also assist in any factual issues that need to be developed in discovery. 4) Judge Wier will issue an order to address how and when he will resolve the dispute re the subpoena. Signed by Judge Karen K. Caldwell on 11/5/2013.(SCD)cc: COR,D

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION
LEXINGTON

CIVIL ACTION NO. 13-362-KKC
PREMIUM FINANCIAL GROUP, LLC,
V.

PLAINTIFF,

MEMORANDUM, OPINION, & ORDER

MPVF LHE LEXINGTON, LLC
(f/k/a MPVF IHR LEXINGTON, LLC),

DEFENDANT.

***********
This matter was initially filed in Kentucky state court, and was removed to this Court on
October 28, 2013. On October 30, 2013, the Court held a telephonic status conference to address
Premium’s motion for a temporary restraining order and to determine the status of the case. (DE
7). During the telephonic conference, the Court denied Premium’s request for a temporary
restraining order, finding that because no sale of the property in dispute was imminent, no
immediate relief was appropriate. (DE 7). The parties expressed willingness to resolve this
matter by mutual agreement and through continued settlement negotiations.

The Court

provisionally set a hearing for Wednesday, November 6, 2013 to address Premium’s motion for a
preliminary injunction should the negotiations fail. (DE 7). The parties agreed to contact
chambers by Monday, November 4, 2013 to inform the Court whether the hearing was
necessary.

(DE 7).

Since the telephonic conference, the Court has received phone calls

indicating that Mr. Getty, attorney for Premium, needs additional time to prepare for a
preliminary injunction hearing. The Court has also received MPVF's motion to quash certain
subpoenas issued and served by Premium. (DE 10). This Court recognizes that time is of the
essence in this matter, but the parties have represented to the Court that no sale is currently

pending on the property at issue. The importance of this matter warrants an expedient but
thoughtful resolution.
Accordingly, this Court orders as follows:
1. The hearing, set for Wednesday, November 6, 2013 at 10:00 AM, is SET ASIDE pending
further order of the Court.
2. This matter is referred to Magistrate Judge Wier to assist the parties in developing a
scheduling order and discovery plan that is reasonable both in terms of time and content.
3. Magistrate Judge Wier will assist the parties in determining the legal issues for this Court
to resolve, including whether Premium is asserting that MPVF breached the contract by
making an invalid first offer or whether Premium is asserting that MPVF made a valid
first offer that Premium either accepted or made a counter offer to with an addendum.
The Magistrate Judge will also assist in any factual issues that need to be developed in
discovery.
4. Magistrate Judge Wier will issue an order to address how and when he will resolve the
dispute concerning the subpoenas.
This 5th day of November, 2013.