DFS Secured Health Care Receivables Trust v. Caregivers Great Lakes, Inc., et al.

IN THE INDIANA SUPREME COURT DFS Secured Health Care Receivables Trust, plaintiff,

v.

Caregivers Great Lakes, Inc., et al. defendants.

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Supreme Court case no.
94S00-0410-CQ-447

U.S. Court of Appeals for the Seventh Circuit, case nos. 03-1086 & 03-3664

PUBLISHED ORDER ACCEPTING CERTIFIED QUESTION
 
    The United States Court of Appeals for the Seventh Circuit has certified questions of Indiana state law for this Court's consideration pursuant to Indiana Appellate Rule 64. The questions, as framed by the federal court, are:
 
Can an officer or director of a "first transferee" under the IUFTA [Indiana Uniform Fraudulent Transfer Act, Indiana Code §§ 32-18-2-1 et seq.] who is found to have personally participated in the fraud be held personally liable under Indiana law on that basis alone?

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 plaintiff's 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 "Plaintiff's 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