Federal National Mortgage Association v. Chicago Title Insurance Company, 1:11-cv-00768-JMS-MPB. (2019)
Court: District Court, S.D. Indiana
Number: infdco20191021864
Visitors: 30
Filed: Oct. 18, 2019
Latest Update: Oct. 18, 2019
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION JANE MAGNUS-STINSON , Chief District Judge . The Magistrate Judge submitted his Report and Recommendation on Chicago Title's Motion to Hold Judgment Defendant in Contempt of Court and for Sanctions. 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
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION JANE MAGNUS-STINSON , Chief District Judge . The Magistrate Judge submitted his Report and Recommendation on Chicago Title's Motion to Hold Judgment Defendant in Contempt of Court and for Sanctions. 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 ..
More
ORDER ADOPTING REPORT AND RECOMMENDATION
JANE MAGNUS-STINSON, Chief District Judge.
The Magistrate Judge submitted his Report and Recommendation on Chicago Title's Motion to Hold Judgment Defendant in Contempt of Court and for Sanctions. 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 [158].
Chicago Title's Motion to Hold Judgment Defendant in Contempt of Court and for Sanctions be granted in part and denied in part. (Docket No. 156).
Specifically, the court ORDERS:
1. It is established that Jekogian has fraudulently transferred money and/or hidden assets from Chicago Title. See, e.g., Ind. Code §§ 32-18-2-14, 15;
2. Chicago Title's request that it be conclusively established that Jekogian has committed fraud in the criminal context, Ind. Code § 35-43-5-4 is denied;
3. Chicago Title's request that it be conclusively established that Jekogian has committed constructive fraud is denied;
4. That the BBJ Family Irrevocable Trust and the Jekogian Family Trust assets are subject to execution by this Court in order to satisfy Chicago Title's Judgment due to the fraudulent manner in which the trusts have been utilized by Jekogian;
5. Jekogian, individually, is precluded from disputing the Court's findings regarding Jekogian's fraudulent transfer and fraudulent activities in this case (this would not prevent the trusts from seeking any remedy available, if appropriate);
6. Chicago Title's request for fees and costs incurred in these post-judgment proceedings, aside from those attorneys' fees already awarded to Chicago Title is granted, excluding the activities outlined within the Magistrate Judge's report and recommendation. Chicago Title shall provide an affidavit of its attorneys' fees for the Court's review within fourteen (14) days of this Order; and
7. That Chicago Title's request for additional sanctions under a finding of civil contempt be denied.
Chicago Title is directed to serve this order on Mr. Jekogian no later than October 21, 2019 and to promptly file proof of the same.
Source: Leagle
