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Real Property: Foreclosure | Kentucky Eastern
Order on Motion for Judgment under Rule 54(b) Order on Report and Recommendations Order on Motion for Miscellaneous Relief
ORDER: 1. Recommended Disposition (R. 1189 ) as to Pla's Motion for Default Judgment is ADOPTED as Opinion of Court; 2. HBKY's Motion for Judgment (R. 1142 ) is GRANTED; 3. HBKY is AWARDED damages in amt of $101,159.37 against Dft Cumberland-Harlan Exploration Corporation; 4. HBKY is AWARDED post-judgment interest at rate of 3.96%. 5. HBKY's Motion for Pre-Judgment Interest (R. 1195 ) is GRANTED; 6. HBKY is AWARDED pre-judgment interest at rate of 8% per annum, beginning on following dates and upon following sums: a. Unremitted royalties in amt of $87,725.77, pre-judgment interest accrue beginning on June 29, 2021, which covers period of June 2016 to June 2021, prior to Cumberland-Harlan's receipt of June 29, 2021, demand letter. b. Check No. 12768, in amt of $1,342.12, pre-judgment interest accrue beginning on September 30, 2021. c. Check No. 13097, in amt of $1,792.89, pre-judgment interest accrue beginning on October 31, 2021. d. Check No. 13940, in amt of $3,060.36, pre-judgment interest accrue beginning on November 30, 2021. e. Check No. 14741, in amt of $2,269.09, pre-judgment interest accrue beginning on January 31, 2022. Signed by Judge Gregory F. Van Tatenhove on 7/10/2026. (TDA) cc: COR and Michael F. Rozmajzl, Esq. by US Mail
Order Terminate Motions
AMENDED ORDER re 1197 Order: 1. The Parties Joint Stipulation of Dismissal [R. 1188 ] is GRANTED; 2. The separate action filed by the County on December 30, 2024, and removed to this Court on January 27, 2025, styled Harlan County Fiscal Court, et al. v. HBKY, LLC, 6:25-cv-00008-GFVT, consolidated with this action as recognized in that case at [R. 17] is DISMISSED without prejudice; 3. HBKY's Motions for Leave to Amend its Complaint [R. 1120 ; R. 1122 ; R. 1146 ] are DENIED AS MOOT; 4. The Court's September 9, 2022, Order, as set forth in this action at [R. 286 ] shall control the validity and priority of the Recreational Land Lease Agreement as to any sale or conveyance of Brookside; 5. All other claims presented in the foreclosure action which remain pending are not affected by this Joint Stipulation and Order. Signed by Judge Gregory F. Van Tatenhove on 7/2/2026.(APR)cc: COR and Michael F. Rozmajzl, Esq. by US Mail
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