The Clinton County Circuit Court issued an Order Denying Defendants’ Motion to Stay Proceedings in the case of Plaintiff State of Indiana ex rel. Todd Rokita, Attorney General of Indiana v. Defendants Richard Kelly, Ashley Kelly, Leonne, LLC., Western Surety Company and RLI Insurance Company earlier today, Thursday, Oct. 10.
The Clinton County Circuit Court considered the Defendants’ Motion for Enlargement of Time and to Stay Proceedings, which was filed on Sept. 25 in response to the Plaintiff’s filing of a Motion for Summary Judgment on Sept. 16. The Defendants’ motion was followed by a response from the Plaintiff on Oct. 8 requesting the denial of the Stay of Proceedings motion.
Today, Oct, 10, the Court ruled along the Plaintiff’s request, which requested for the Defendants’ request to stay proceedings to be denied while granting the Defendants’ request to extend the deadline to respond to the Plaintiff’s Motion for Summary Judgment up to and including Nov. 18.
With the order denying the Stay of Proceedings, decisions regarding the case will not necessarily be held until after the ruling of the criminal case against the Defendants is decided.
The Court will continue to consider the Plaintiff’s initial Motion for Summary Judgment in the civil case pending the official response to the Motion for Summary Judgment from the Defendants due on Nov. 18, which will attempt to prove that “genuine issue as to any material fact” in the State’s evidence and materials is present.
No further developments have occurred in the criminal case filed by the State of Indiana as the trial is still set for Feb. 24, 2025, in the Clinton Circuit Court.
