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No. 1194 Findings of Fact and Conclusions of Law in Support or Order Awarding To Dexia Credit Local, ...

Document Edgewater Medical Center, 1:02-bk-07378, No. 1194 (Bankr.N.D.Ill. Dec. 19, 2012)

Case 02-07378 Doc 1194 Filed 12/19/12 Entered 12/20/12 12:18:46 Desc Main Document Page 1 of 2 Case 02-07378 Doc 1194 Filed 12/19/12 Entered 12/20/12 12:18:46 Desc Main Document Page 2 of 2

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- LaShonda Hunt
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- Edgewater Medical Center
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No. 366 MEMORANDUM OPINION AND ORDER Signed by the Honorable Harry D. Leinenweber on 10/2/2012:Mailed ...

Document United States Of America v. Egan Marine, Inc et al, 1:08-cv-03160, No. 366 (N.D.Ill. Oct. 2, 2012)

After an eight-day bench trial, this Court entered judgment for EMC on the Government’s two OPA claims, finding that the Government failed to meet its burden of proof regarding EMC’s alleged gross negligence in the incident.

EMC alleges that the Government’s position lacks justification because the Government ignored physical evidence and testimony which negated the possibility that Oliva caused the explosion by using a propane torch.

The Court finds Pecore similar to the present case, and reiterates that its opinion rested largely on the Government’s failure to prove its theory by a preponderance of the evidence.

Thus, the Court finds that the Government has met its burden proving that its position carried a reasonable basis in both law and fact such that pursuant to EAJA it was substantially justified in bringing its OPA claims against EMC.

“Rule 39(d)(1) of the Federal Rules of Appellate Procedures provides that a party who wants costs taxed must – within 14 days after entry of judgment – file with the circuit clerk, with proof of service an itemized and verified bill of costs.” Gatimi v. Holder, 606 F.23d 344, 350 (7th Cir. 2010) citing FED. R. APP. P. 39(d)(1).

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- Harry Leinenweber
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- United States of America
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No. 24 ORDER granting 15 Motion for Immediate Entry of Order Authorizing and Directing Clerk of Court ...

Document Wells Fargo Bank v. New Covenant Fellowship Church Inc et al, 2:12-cv-02660, No. 24 (N.D.Ala. Sep. 7, 2012)

This matter comes before the court on the Court-appointed Receiver’s “Motion for Immediate Entry of Order Authorizing and Directing Clerk of Court to Issue Immediate Writ of Possession for the Leased Premises” (doc. 15).

After notice to all Defendants and a conference call with all parties on September 5, 2012, continuing the prior hearing at the request and for the convenience of Pentecostal Temple, the court held a hearing on the motion on September 6, 2012, at which hearing Pentecostal Temple failed to appear by counsel.

1 For good cause shown and the reasons stated on the record, the court hereby GRANTS the Receiver’s “Motion For Immediate Entry of Order Authorizing and Directing Clerk of Court to Issue Immediate Writ of Possession for the Leased Premises” (doc. 15).

Therefore, the Clerk of the Court is hereby directed to immediately issue a Writ of Possession directing the United States Marshall for the Northern District of Alabama, to immediately seize the Leased Premises Reverend Hosea Agee was present as a representative of Pentecostal Temple.

DONE and ORDERED this 7th day of September, 2012.

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- Karon Bowdre
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- New Covenant Fellowship Church
- Wells Fargo Bank
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- Baker, Donelson, Bearman, Caldwell & Berkowitz
- Jim Roberts Law Firm

No. 303 WRITTEN Opinion entered by the Honorable Harry D. Leinenweber on 8/30/2011: Third-Party Plaintiff ...

Document United States Of America v. Egan Marine, Inc et al, 1:08-cv-03160, No. 303 (N.D.Ill. Aug. 30, 2011)

A motion for reconsideration serves a limited function: to correct manifest errors of law or fact or to present newly discovered evidence.

EMC conveniently disregard the paragraph immediately prior to this sentence, which states, “To accept EMC’s argument that the alleged contamination was the sole or contributing cause of the explosion and spill, the Court must speculate as to causation.” Id. at 30 (emphasis added).

It also fails to cite the language granting summary judgment on Count 3 of the Third Party Complaint, which reads that “there are no facts before the Court that Exxon is wholly or partially liable to EMC and the United States.” Id. at 33.

In making its summary judgment determination, the Court must view all the evidence and draw any reasonable inferences therefrom in the light most favorable to the nonmoving party.

Because no facts were before the Court that the thermal fluid heater on board the EMC-423 was operational, Carie’s testimony supported the Court’s conclusion that the barge could carry a Grade B cargo, as per its Coast Guard certification.

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