Caregivers Great Lakes, Inc., et al. defendants.
Supreme Court case no.
U.S. Court of Appeals for the Seventh Circuit, case nos. 03-1086 & 03-3664
Is an award of monetary damages under the IUFTA available only where reconveyance
of the fraudulently transferred property is impossible or where the subject property has
depreciated in value?
Are punitive damages available under the IUFTA?
After consideration by each member of the Court, the certified question is accepted pursuant to Appellate Rule 64.
The Court directs simultaneous and consolidated briefing as follows. The respective sides
in the federal case are each allowed a single main brief and a
single response brief. The plaintiffs briefs shall be bound with blue covers;
the defendants briefs with red covers. Except to the extent this order
directs otherwise, the four briefs shall substantially conform to the provisions of Appellate
Rules 43 and 44. The briefs shall be accompanied by the verified
statement of word count referred to in Appellate Rule 44(F). In addition,
an appendix shall be filed containing copies of documents from the federal court
case that the parties believe are necessary or helpful for deciding the questions,
including, as applicable, the items listed in Appellate Rule 50. It is
anticipated that the parties will confer and agree on the materials to be
included in an appendix. The cover of the appendix shall be blue
and labeled Plaintiffs Appendix. An original and eight copies of each brief
and appendix are to be filed with our Clerk.
The two main briefs and the appendix must be filed by November 15,
2004. These briefs shall, to the extent reasonably practical, conform to the
provisions of Appellate Rule 46(A). The briefs may not exceed 8400 words,
exclusive of the items listed in Appellate Rule 44(C). The two response
briefs must be filed by December 1, 2004. These briefs may not
exceed 2400 words, exclusive of the items listed in Appellate Rule 44(C).
Extensions of time will be granted only under extraordinary circumstances and any motion
seeking an extension of time must be made jointly by the parties.
The Clerk is directed to send a copy of this order to the
Clerk for the United States Court of Appeals for the Seventh Circuit for
distribution to that Court; to the United States District Court, Northern District of
Indiana, Hon. Robert L. Miller, Jr., Chief Judge; and to counsel of record
as indicated on the attached service list.
Done at Indianapolis, Indiana this ____ day of October, 2004.
/s/ Acting Chief Justice of Indiana