Eleanore Garber, Judge Family Court Division Five, Motion Hour (11 ...

Eleanore Garber, Judge
Family Court Division Five, Motion Hour (11:00 a.m.)
July 1 st , 2013
Attached are the preliminary rulings for the 7/1/13 Motion Hour. Please note that these are not final rulings, only
preliminary. If you have an objection to a ruling, you must appear at motion hour by 11:10 a.m. to voice your objection.
Of course, if it is your motion, and the judge has indicated that the motion is to be signed, you still need to appear or contact
opposing counsel to make sure there are no objections. Since only a very small percentage of the attorneys who regularly
practice in Family Court are on this list, if you contact opposing counsel about the preliminary rulings, please notify him or
her about any request the judge may have (such as MCD to be filed within 15 days).
13-CI-501340
13-CI-501155
13-CI-500335
Shelton, Susan Marie
v.
Budnik, Gerard A.
Stanley, Kyle
v.
Stanley, Nicole
Spierdowis, Walter
v.
Spierdowis, Patricia
CASES TO BE CALLED:
Petitioner’s motion for:
1) CMC
2) Mediator
Petitioner’s motions for:
1) Emergency sole custody
2) Supervised parenting time
3) Hearing date.
Respondent’s motion to remove
petitioner’s attorney.
1
To be called in regards to choice of
mediator.
Get CMC date.
To be called on motion for
temporary sole custody.
Respondent not served.
To be called briefly, but motion
passed to CMC scheduled for
7/1/13 at 2:30 p.m.

12-CI-504313
12-CI-504124
12-CI-500598
10-CI-504417
10-CI-500969
08-CI-504218
07-CI-503397
Stirlacci, Frank J.
v.
Stirlacci, Susan M.
Spears, Amber
v.
Spears, William
Smith, Rick W.
v.
Smith, Rosidar
Summers, William C.
v.
Summers, Latonya J.
Shahzad, Sajida “Zubi”
v.
Shahzad, Mohammad
Springer, Kelly Lynn
v.
Springer, Mark Alan
Taylor, James Shawn
v.
Taylor, Ronda Maree
Respondent’s motion for Petitioner
to file financial disclosure
2
statement.
Petitioner’s motion for case
management conference and
appointment of mediator.
Petitioner’s motion to clarify
issues to be heard at 7/2/13
hearing.
Respondent’s motions for QDRO
and wage assignment for
maintenance.
Petitioner’s motion for contempt.
Respondent’s motions to set up
Supercedes Bond on property to be
exchanged and for contempt.
Respondent’s motion to waive HIP
fees.
Petitioner’s motions to substitute
counsel, for parenting time, and to
enforce parenting order.
To be called on motion for
financial disclosure.
To be called in regards to choice of
mediator.
Get CMC date.
To be called in regards to issues to
be heard at hearing on July 2,
2013.
To be called on all motions.
To be called on motion for
contempt.
**To be called on motion to waive
HIP fees**
Substitution of counsel order is
signed.
To be called in regards to choice of
mediator.
Get hearing date on all other
motions.

The following cases will not be called unless you make a request to the Judge’s Secretary.
Please see Judge’s Secretary to set your Hearing Date.
13-CI-501868
13-CI-501142
13-CI-500891
12-CI-503927
12-CI-501488
12-CI-500567
Riggs, Flora
v.
Stallcup, Alicia
&
Riggs, Charles W.
Holt, Donald
v.
Taylor, Ruth
Smith, Julia Anne
v.
Bussman, Erik Alan
Summers, James
v.
Summers, Colleen
Sizemore, Rhoda
v.
Feireisel, Kenny
Stamper, Holly Marie
v.
Griffith, David Lee
Petitioner’s motion for emergency
custody.
Petitioner’s motion to move case
forward.
Petitioner’s motion to withdraw as
counsel.
Respondent’s motion to show
cause & to extend pendent elite
3
spousal support.
Respondent’s motion to withdraw
as counsel.
Petitioner’s motion for child
support.
Tendered order will be signed
when tendered.
No order tendered.
**Laura to meet w/ Petitioner to
explain steps for appointing
warning order attorney since
Respondent has yet to be served**
Tendered order is signed.
Pass contempt motion to trial date.
Tendered order is signed.
Tendered order for child support to
be signed, unless objection.

10-CI-504186
10-CI-501640
08-CI-500770
07-CI-500941
07-CI-500134
00-FC-02903
Starkey, Chasity Ann
v.
Starkey, John A.
Thomas, Michael
v.
Thomas, Shannon L.
Taghizadeh, Sue
v.
Taghizadeh, Malek
Shellhamer, Carolyn
v.
Shellhamer, Craig
CHFS & Smelosky, Linda J.
v.
Smelosky, Albion J.
CHFS & Thomas, Carol
v.
Thomas, Allen
Respondent’s motion to withdraw
as counsel.
Co-counsel’s motion for QDRO.
Petitioner’s motions for
Respondent to:
1) Provide funding for July
mortgage payments
2) Repair and renew tags on
vehicle
3) Attorney’s fees
Respondent’s motion to show
cause.
Cabinet’s motion for Respondent
to make child support payments
directly to child support division in
4
Lexington, KY.
Cabinet’s motion for Respondent
to make child support payments
directly to child support division in
Lexington, KY.
NOTE #1: CONTESTED HEARINGS CANNOT BE HELD DURING MOTION HOUR.
Tendered order is signed.
Tendered QDRO to be signed,
unless objection.
Tendered order to be signed,
unless compelling objection.
Tendered order granting authority
to Master Commissioner is signed.
Get hearing date on show cause
motion.
Tendered order signed.
Tendered order signed.
NOTE #2: NOTICE, MOTION, ORDERS IN PATERNITY CASES CANNOT BE HEARD ON THE CIRCUIT COURT

MOTION HOUR DOCKET. PATERNITY COURT MOTION HOUR IS AT 8:30 A.M. ON MONDAYS.
NOTE #3: PROOF WILL NO LONGER BE TAKEN AT MOTION HOUR, EXCEPT IN RARE CIRCUMSTANCES AND
ONLY IF PRE-APPROVED BY THE COURT. PROOF SHALL BE SUBMITTED BY INTERROGATORIES UNLESS
DEFAULT JUDGMENT.
NOTE #4: NOTICE, MOTION, ORDERS SHOULD INCLUDE PLACE FOR HEARING DATES AND TIMES.
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