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09-1252 - Jo Ann Howard and Associates, P.C. et al v. Cassity et al


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09-1252 - Jo Ann Howard and Associates, P.C. et al v. Cassity et al
October 13, 2009
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ORDER IT IS HEREBY ORDERED that Plaintiffs should proceed with personal service under Rule 4 on those Defendants who have failed to sign Requests for Waiver of Service. IT IS FURTHER ORDERED that Defendant Erin Province's Motion to Appoint Counsel is HELD IN ABEYANCE. Defendant Province shall submit an affidavit to the Court detailing her assets and liabilities no later than October 23, 2009. Signed by Honorable E. Richard Webber on October 13, 2009. (MCB)
November 2, 2009
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ORDER granting 53 Motion to Appoint Counsel. The Court has reviewed the pleadings in this matter and is of the opinion that appointment of counsel would best serve the interest of justice. Accordingly, IT IS HEREBY ORDERED that Mark E. Goodman, Capes and Sokol, 7701 Forsyth Blvd., 12th Floor, St. Louis, MO 63105, phone 314-721-7701, fax 314-721-0554, is appointed to represent Defendant Erin Province Engel in this matter. The Clerk of Court shall provide Defendant Engel's newly-appointed counsel with a copy of any requested documents from the Court file at no cost. IT IS FURTHER ORDERED that defendant Engel shall answer or otherwise respond to Plaintiffs' Complaint no later than December 18, 2009. Signed by Honorable E. Richard Webber on November 2, 2009. (cc: Erin Province, 129 Asilomar Court, Ballwin, MO 63105) (MCB)
November 16, 2009
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ORDER. IT IS HEREBY ORDERED that Second Motion for Extension of Timeto File Answer by [doc. #198] is GRANTED. Defendant Howard A.Wittner, individually and as Trustee of the RBT Trust II andDefendant Wittner, Spewak & Maylack, P.C., f/k/a Wittner, Poger,Spewak, Maylack & Spooner, P.C. shall Answer or otherwise respondto Plaintiff's Complaint no later than November 30, 2009. IT IS FURTHER ORDERED that Motion for Extension of Time [doc. #199] is GRANTED. Defendants Brentwood Heritage Properties, LLC,; Forever Enterprises, Inc.; Forever Illinois, Inc.; Forever Network, Inc.; Legacy International Imports, Inc.; Lincoln Memorial Services, Inc.; National Heritage Enterprises, Inc.; NationalPrearranged Services Agency, Inc.; and Texas Forever, Inc.; shall Answer or otherwise respond to Plaintiffs' Complaint no later than November 23, 2009. Signed by Honorable E. Richard Webber on 11/16/09. (RJD)
November 17, 2009
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ORDER. IT IS HEREBY ORDERED that Second Motion for Extension of Timeto File Answer [doc. #202] is GRANTED. Defendant Randall K. Suttonshall Answer or otherwise respond to Plaintiffs' Complaint no laterthan December 18, 2009. Signed by Honorable E. Richard Webber on 11/17/09. (RJD)
November 19, 2009
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ORDER. IT IS HEREBY ORDERED that Second Motion for Extension of Time to File Answer [doc. #215] is GRANTED. Defendant Nekol Province shall Answer or otherwise respond to Plaintiffs' Complaint no later than December 18, 2009. IT IS FURTHER ORDERED that Motion to Withdraw as Appointed Counsel of Record [doc. #216] is GRANTED. Peter S. Gilster shall be termed as counsel of record for Defendant Erin Province Engle and a new Order of appointment shall issue forthwith. (Attorney Peter S. Gilster terminated.) Signed by Honorable E. Richard Webber on 11/19/09. (RJD)
November 19, 2009
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ORDER. IT IS HEREBY ORDERED that Gary L. Vincent of Husch, Blackwell, Sanders, LLP, 190 Carondelet Plaza, Suite 600, St. Louis, MO, 63105, phone 314-480-1500, fax 314-480-1505, is appointed to represent Defendant Erin Province Engle in this matter. The Clerk of the Court shall provide Defendant Engle's newly-appointed counsel with a copy of any requested documents from the Court file at no cost. IT IS FURTHER ORDERED that Defendant Engle shall Answer or otherwise respond to Plaintiffs' Complaint no later than December 31, 2009. Attorney Gary L. Vincent for Erin Province added. Signed by Honorable E. Richard Webber on 11/19/09. (RJD)
December 4, 2009
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ORDER. IT IS HEREBY ORDERED that Motion to Withdraw as Appointed Counsel of Record [doc. #259] is GRANTED. Gary L. Vincent of the law firm of Husch, Blackwell, Sanders, LLP shall be termed as appointed counsel of record for Defendant Erin Province Engle in this matter. The Court finds it appropriate to appoint Timothy R. Muehleisen, Moser and Marsalek, P.C., 200 N. Broadway, Suite 700, St. Louis, MO, 63102, phone 314-244-2235, fax 314-421-5640, torepresent said Defendant in this matter. The Clerk of the Court shall provide Defendant Engle's newly-appointed counsel with a copy of any requested documents from the Court file at no cost. Signed by Honorable E. Richard Webber on 12/4/09. (RJD)
December 4, 2009
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ORDER. IT IS HEREBY ORDERED that Second Motion for Extension of Time[doc. #262] is GRANTED. Defendant Comerica Bank & Trust, N.A.'sReply relating to their pending Motion to Dismiss [doc. #197] shallbe filed no later than December 22, 2009. Signed by Honorable E. Richard Webber on 12/4/09. (RJD)
December 7, 2009
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Richard Webber on 12/7/09. (RJD)ORDER. IT IS HEREBY ORDERED that Motion for Extension of Time [doc.#265] is GRANTED. Defendant Wise, Mitchell & Associates, LTD,shall Answer or otherwise respond to Plaintiffs' Complaint no laterthan December 18, 2009. Signed by Honorable E.
February 1, 2010
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ORDER. IT IS HEREBY ORDERED that Motion for Extension of Time [doc.#352] is GRANTED. Plaintiffs' Response to Motion for ProtectiveOrder [doc. #335] filed by Defendant J. Douglas Cassity shall be filed no later than February 11, 2010. Signed by Honorable E. Richard Webber on 2/1/2010. (RJD)
February 22, 2010
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ORDER. IT IS HEREBY ORDERED that Motion for Extension of Time [doc.#373] is GRANTED. Any Reply by Defendant J. Douglas Cassity to thepending Motion for Protective Order [doc. #335] shall be filed nolater than February 26, 2010. Signed by Honorable E. Richard Webber on 2/22/2010. (RJD)
February 23, 2010
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ORDER. IT IS HEREBY ORDERED that Motion for Leave to Appear Pro HacVice [doc. #377] is GRANTED. W. Perry Brandt shall be admitted prohac vice for the purpose of representing Defendant Bank of America,N.A., in this matter. Signed by Honorable E. Richard Webber on 2/23/2010. (RJD)
June 9, 2010
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ORDER. IT IS HEREBY ORDERED that the Verified Motion of Counsel to Withdraw [doc. #443], and the Joint Motion for Extension of Time in Which to File Memorandum in Opposition [doc. #442], are DENIED. The Court will revisit this issue upon the renewed filing of a motion to withdraw, following resolution of the pending Motion for Preliminary Injunction Freezing Assets of Specified Defendants [doc. #405]. IT IS FURTHER ORDERED that the Joint Consent Motion of Defendants for a Second Extension of Time in Which to File Memoranda in Opposition [doc. #445] is GRANTED. All responses in opposition to Plaintiffs'Motion for Preliminary Injunction Freezing Assets of Specified Defendants [doc. #405] shall be filed no later than June 21, 2010. This extension of the deadline applies to any and all parties who might wish to file responses in opposition to Plaintiffs' Motion, and not only to those parties bringing the present Motion for a Second Extension. Signed by Honorable E. Richard Webber on 6/9/2010. (RJD)
June 17, 2010
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendant National City Bank N.A.'s Motion to Dismiss [doc. #166], Defendant Bremen Bank and Trust Company's Motion to Dismiss [doc. #168], Defendant Southwest Bank, an M&I Bank's Motion to Dismiss [doc. #170], Defendant Marshall and Ilsley Trust Company, N.A.'s Motion to Dismiss [doc. #172], Defendant Bank ofAmerica, N.A.'s Motion to Dismiss [doc. #191], Defendant U.S. Bank, N.A.'s Motion to Dismiss [doc. #195], Defendant Comerica Bank & Trust, N.A.'s Motion to Dismiss [doc. #197], and Defendant American Stock Transfer and Trust Company, LLC's Motion to Dismiss [doc. #384] are GRANTED, in part and DENIED, in part. These Motions are granted to the extent they request more definite statements from Plaintiffs as to which Plaintiffs are asserting claims againstwhich of the Trustee Defendants, and are otherwise denied. Plaintiffs shall file an amended Complaint containing such information no later than July 12, 2010. Signed by Honorable E. Richard Webber on June 17, 2010. (MCB)
September 30, 2010
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendant J. Douglas Cassity's Motion to Strike [doc. #286] is DENIED. IT IS FURTHER ORDERED that Defendant J. Douglas Cassity's Motion for Protective Order [doc. #335] is DENIED.IT IS FURTHER ORDERED that Plaintiffs' Motion to Strike Affirmative Defenses ofDefendant Katherine P. Scannell [doc. #316] is DENIED. IT IS FURTHER ORDERED that Plaintiffs Motion to Strike Affirmative Defenses of Defendants Lennie J. Cappleman, Tony B. Lumpkin, III, Randall J. Singer, and George Wise, III[doc. #268] is GRANTED. Signed by Honorable E. Richard Webber on September 30, 2010. (MCB)
December 21, 2010
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant Anne Chruns Motion to Dismiss [doc. #120] is DENIED. IT IS FURTHER ORDERED that Defendants David Wulf and Wulf, Bates and Murphys Motion to Make More Definite Plaintiffs Claims for Relief and Motion to Dismiss Plaintiffs Eleventh Claim for Relief [doc. #124] is GRANTED, in part and DENIED, in part. Plaintiffs Count Eleven against these Defendants will be dismissed, and the Motion is otherwise denied. IT IS FURTHER ORDERED that Defendants Brentwood Heritage Properties, LLC, Forever Enterprises, Inc., Forever Illinois, Inc., Forever Network, Inc., Legacy International Imports, Inc., Lincoln Memorial Services, Inc., National Heritage Enterprises, Inc., National Prearranged Services Agency, Inc., and Texas Forever, Inc.s Motion to Dismiss, or in the Alternative, Motion for More Definite Statement [doc. #235] is DENIED. IT IS FURTHER ORDERED that Defendants Tyler Cassity and Hollywood Forever, Inc.s Motion to Dismiss Complaint, or, in the Alternative, for More Definite Statement [doc. #246] is DENIED. IT IS FURTHER ORDERED that Defendants Howard Wittner and Wittner, Spewak & Maylack P.C.s Motion to Dismiss and Motion for a More Definite Statement [doc. #254] is GRANTED, in part and DENIED, in part. Defendants Motion is granted with respect to Plaintiffs Count Ten against Wittner for breach of promissory notes, Plaintiffs Count Twelve against Wittner for violation of the Texas Receivership Act, and Plaintiffs Count Thirteen against Wittner for violation of the Texas Insurance Code, and is otherwise denied. IT IS FURTHER ORDERED that Defendant Brent D. Cassitys Motion to Dismiss and Motion for a More Definite Statement [doc. #254] is DENIED. IT IS FURTHER ORDERED that Defendant James M. Crawfords Motion to Make More Definite and Certain and Motion to Join Co-Defendants Motions and Memoranda [doc. #273] is DENIED.IT IS FURTHER ORDERED that Defendant Roxanne J. Schnieders n/k/a Roxanne J. Sargents Motion to Dismiss, or in the Alternative, Motion for More Definite Statement [doc. #281] is DENIED. IT IS FURTHER ORDERED that Defendant J. Douglas Cassitys Motion to Dismiss, Motion to Make More Definite and Certain, and Motion to Join Co-Defendants Motions and Memoranda [doc. #287] is DENIED. IT IS FURTHER ORDERED that Defendants Rhonda Cassity and Rhonda L. Cassity, Inc. a/k/a Wellstream, Inc.s Motion to Dismiss, or in the Alternative, Motion for More Definite Statement and Motion to Join Co-Defendants Motions and Memoranda [doc. #289] is DENIED. IT IS FURTHER ORDERED that Defendant Nekol Provinces Motion to Dismiss Complaint, or, in the Alternative, for More Definite Statement [doc. #296] is DENIED. IT IS FURTHER ORDERED that Defendant Randall K. Suttons Motion to Dismiss Plaintiffs Complaint [doc. #299] is DENIED. IT IS FURTHER ORDERED that Defendant Larry Keith Hales Motion to Dismiss, or in the Alternative, Motion for More Definite Statement [doc. #365] is DENIED. IT IS FURTHER ORDERED that Defendant Marianne Joness Motion for More Definite Statement [doc. #382] is DENIED. IT IS FURTHER ORDERED that Plaintiffs shall file a Second Amended Complaint no later than January 28th, 2011, clarifying which Plaintiffs are asserting which pleaded claims, and with respect to those claims brought by Plaintiff Donna J. Garrett as Special Deputy Receiver, on whose behalf she is asserting those claims. Signed by Honorable E. Richard Webber on 12/21/2010. (KMS)
February 14, 2011
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Joan M. Swartzs Request for Compensation of Services and Reimbursement for Out-of-Pocket Expenses [doc. #592] is GRANTED. IT IS FURTHER ORDERED that the Clerk of Court shall disburse the sum of $2,524.00 from the Non-Appropriated Fund, payable to: Joan M. Swartz 15455 Conway Rd. Suite 360 Chesterfield, MO 63017. Signed by Honorable E. Richard Webber on 2/14/2011. (KMS)
March 23, 2011
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MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that Defendants National City Bank, N.A., Bank of America, N.A., U.S. Bank, N.A., Comerica Bank & Trust, N.A., and American Stock Transfer and Trust Company, LLCs Joint Motion to Dismiss Counts Twenty-Eight and Twenty-Nine, and Joint Motion for a More Definite Statement or, in the Alternative, To Dismiss Counts Nineteen and Twenty of Plaintiffs' First Amended Complaint [doc. #526], Defendant Marshall & Ilsley Trust Company, N.A.s Motion to Dismiss [doc. #540], Defendant Southwest Bank, an M&I Bank's Motion to Dismiss, [doc. #542], and Defendant Bremen Bank and Trust Company's Motion to Dismiss [doc. #544] are GRANTED, in part and DENIED, in part. These Motions are granted to the extent they seek dismissal of Plaintiffs Counts 28 and 29 for unjustenrichment and money had and received, respectively, and are otherwise denied.IT IS FURTHER ORDERED that Trustee Defendants shall file their respectiveAnswers no later than April 13, 2011. IT IS FURTHER ORDERED that Defendant Nekol Province's Motion to Join [doc. #553] is DENIED, as moot. Signed by Honorable E. Richard Webber on March 23, 2011. (MGK)
March 23, 2011
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MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that Plaintiffs' Motion for Preliminary Injunction Freezing Assets of Specified Defendants [doc. #405] is DENIED. IT IS FURTHER ORDERED that Brent Cassitys Motion to Strike Unauthenticated Exhibits [doc. #457], Tyler Cassity and Hollywood Forever's Motion to Provide Supplemental Briefing to the Court [doc. #502], BHP, Forever Enterprises, Forever Illinois, Forever Network, Legacy International, LMS, NHE, NPS Agency, and Texas Forever's Motion to Join [doc. #504], Brent Cassity's Motion for Leave to Provide Supplemental Briefing [doc. #506], Doug Cassity's Motion to Join [doc. #515], Doug Cassity's Motion to Join [doc. #519], and Rhonda Cassity's Motion to Join [doc. #550] are DENIED, as moot. Signed by Honorable E. Richard Webber on March 23, 2011. (MGK)
June 22, 2011
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MEMORANDUM AND ORDER/PROTECTIVE ORDER. IT IS HEREBY ORDERED that Plaintiffs Petition under Federal Rule of Criminal Procedure 6(e) to Obtain Third-Party Documents [doc. #698] is GRANTED. IT IS FURTHER ORDERED that the materials produced by the United States shall not be disclosed to any individuals or entities other than the parties to this case, their respective counsel and employees thereof, consultants retained by counsel to assist in trial preparation, and potential witnesses. See Order for further details. 698 Signed by Honorable E. Richard Webber on 6/22/2011. (CBL)
July 11, 2011
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urt approval. IT IS FURTHER ORDERED that Trustee Defendants and Plaintiffs shall submit, for the Courts approval, a consent protective order relating to the confidentiality of the aforementioned discovery by interrogatory, no later than July 22, 2011. ( Response to Court due by 7/22/2011.). Signed by Honorable E. Richard Webber on 7/11/11. (KJS)MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Governments Motion to Intervene to Seek a Temporary Stay of Discovery [doc. #699] is GRANTED. IT IS FURTHER ORDERED that the Governments Motion for a Temporary Stay of Discovery [doc. #700] is GRANTED. All under oath discovery shall be stayed in this case until the guilt or innocence of Indicted Defendants is determined in the parallel criminal case, United States v. Sutton, Case No. 4:09CR00509 JCH (E.D. Mo.). IT IS FURTHER ORDERED that Trustee Defendants and Plaintiffs are permitted to exchange fact-based interrogatories, but that they shall not share the contents of those communications with other parties in this litigation or third parties during the pendency of the stay absent co
July 18, 2011
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant Howard Wittner's Motion to Dismiss Counts Ten, Twelve and Thirteen of Plaintiffs' Second Amended Complaint [doc. # 614 ] is GRANTED. Signed by Honorable E. Richard Webber on July 18, 2011. (BRP)
July 28, 2011
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Wulf Defendants' Motion to Dismiss [doc. # 604 ] is GRANTED, in part and DENIED, in part. The Motion is granted as to Plaintiffs' Count 5 and Count 11, and is otherwise denied. Signed by Honorable E. Richard Webber on July 28, 2011. (BRP)
August 3, 2011
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Hale's Answer to Plaintiffs' Second Amended Complaint and Motion to Dismiss [ECF No. 679] is DENIED. Signed by Honorable E. Richard Webber on 8/3/11. (TRC)
August 3, 2011
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff SDRs Motion to Dismiss Counterclaims of Defendant Hollywood Forever [ECF No. 642] is GRANTED. Signed by Honorable E. Richard Webber on 8/3/11. (TRC)
August 17, 2011
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Forever Defendants' Motion to Withdraw Counterclaims 750 is GRANTED, as set forth above. IT IS FURTHER ORDERED that Plaintiffs Motion to Dismiss Counterclaims of theForever Defendants 680 is DENIED, as moot. Signed by Honorable E. Richard Webber on August 17, 2011. (MCB)
December 16, 2011
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MEMORANDUM. As ordered by the Court sua sponte, ECF No. 797, the Court held a telephone status conference today, December 16, 2011, at 10:00 a.m., concerning the limited discovery that is permitted under the Court's stay of under oath discovery. In the interest of ensuring that all parties have the opportunity to access and to benefit from todays conference, the Court will distribute the official transcript of today's status conference to each party's counsel of record when the official transcript becomes available. Signed by Honorable E. Richard Webber on 12/16/2011. (CBL)
January 25, 2012
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion to Modify Order Granting Motion to Withdraw as Counsel for Defendant Brent D. Cassity, ECF No. 817, is DENIED. Signed by Honorable E. Richard Webber on January 25, 2012. (BRP)
February 13, 2012
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion to Compel the Production of Documents and Electronically Stored Information by Defendants Howard A. Wittner and Wittner, Spewak & Maylack, P.C., ECF No. 812, is GRANTED, in part. Defendants shall produce the correspondence and emails and the insurance policy with Travelers Insurance Company referenced in their Rule 26(a)(1) initial disclosure statement, and to provide the same to Plaintiffs within ten (10) days. Defendants shall produce these materials in conformity with the parties' existing discovery stipulation. See ECF No. 733. Plaintiffs' Motion in all other respects is DENIED. Signed by Honorable E. Richard Webber on February 13, 2012. (BRP)
April 13, 2012
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MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that Plaintiff Jo Ann Howard & Associates, P.C.'s Motion to Disqualify Jack Spooner as Counsel for the Wittner Defendants, [ECF No. 842], is GRANTED. Spooner is disqualified from further representation of the Wittner Defendants in this case. The Clerk's Office shall terminate Spooners entry immediately. Witter Defendants shall employ new counsel within twenty (20) days of this Order. IT IS FURTHER ORDERED that Defendant Brown Smith Wallace's Motion for a Protective Order, or, in the Alternative, to Amend the July 22, 2011 Consent Protective Order, [ECF No. 821] is DENIED. However, the Court invites the parties to confer and develop a mutually agreeable Consent Protective Order to submit for the Court's consideration. Signed by Honorable E. Richard Webber on 04/13/2012. (CBL)
May 11, 2012
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant National City Bank's Motion to Compel Responses to its First Sets of Interrogatories and to Modify the Court's July 11, 2011 Order, [ECF No. 863], is DENIED. Signed by Honorable E. Richard Webber on May 11, 2012. (BRP)
June 25, 2012
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that National City's Motion for Entry of Protective Order [ECF No. 853] is GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that Plaintiff's Motion for a Rule 26(b)(5)(B) Ruling on National City's Claim of Privilege Over Disclosed Documents [ECF No. 855] is GRANTED in part and DENIED in part. Signed by Honorable E. Richard Webber on June 25, 2012. (Attachments: # (1) Rulings on in Camera Review)(BRP)
July 6, 2012
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiffs Motion for Protective Order Regarding Collateral Attack Discovery [ECF No. 925] is DENIED. Plaintiffs must produce nonprivileged documents that are responsive to National City Banks Request Nos. 4-11 (SDR) and 7-14 (GAs) within sixty (60) days. Signed by Honorable E. Richard Webber on 7/6/12. (KJS)
July 30, 2012
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Wulf Defendants' Motion to Dismiss [ECF No. 930] is GRANTED. Count 5 and Count 11 of Plaintiff's Third Amended Complaint [ECF No. 916] are dismissed as to Wulf Defendants. Signed by District Judge E. Richard Webber on July 30, 2012. (BRP)
August 10, 2012
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Forever Defendants' Motion and Memorandum to Withdraw Pleading [ECF No. 1077] is GRANTED. Forever Defendants' Motion and Memorandum to Withdraw Counterclaims and Dismiss the Third Party Complaint [ECF No. 977], is DENIED as moot. IT IS FURTHER ORDERED that Plaintiffs' Motion to Dismiss the Forever Defendants Counterclaims [ECF No. 957] is DENIED as moot. IT IS FURTHER ORDERED that Plaintiffs' Motion for Attorneys' Fees [ECF No. 958] is GRANTED. The Clerk of the Court shall tax costs and attorneys' fees in favor of Plaintiffs and against Defendants Brentwood Heritage Properties, LLC; Forever Enterprises, Inc.; Forever Illinois, Inc.; Forever Network, Inc.; Legacy International Imports, Inc.; Lincoln Memorial Services, Inc.; National Heritage Enterprises, Inc.; National Prearranged Services Agency, Inc; and Texas Forever, Inc., in the amount of $7,693.85. IT IS FURTHER ORDERED that Plaintiffs' Motion for Additional Attorneys' Fees Against Forever Defendants and Their Counsel [ECF No. 1044] is DENIED. Signed by District Judge E. Richard Webber on August 10, 2012. (BRP)
August 14, 2012
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AMENDED MEMORANDUM AND ORDER re: Memorandum and Order 1104: IT IS HEREBY ORDERED that Forever Defendants' Motion and Memorandum to Withdraw Pleading [ECF No. 1077] is GRANTED. Forever Defendants' Motion and Memorandum to Withdraw Counterclaims and Dismiss the Third Party Complaint [ECF No. 977], is DENIED as moot. IT IS FURTHER ORDERED that Plaintiffs' Motion to Dismiss the Forever Defendants Counterclaims [ECF No. 957] is DENIED as moot. IT IS FURTHER ORDERED that Plaintiffs' Motion for Attorneys' Fees [ECF No.958] is GRANTED. Defendants Brentwood Heritage Properties, LLC; Forever Enterprises, Inc.; Forever Illinois, Inc.; Forever Network, Inc.; Legacy International Imports, Inc.; Lincoln Memorial Services, Inc.; National Heritage Enterprises, Inc.; National Prearranged Services Agency, Inc; and Texas Forever, Inc., shall pay to Plaintiffs, as costs and attorneys' fees, the amount of $7,693.85. IT IS FURTHER ORDERED that Plaintiffs' Motion for Additional Attorneys' Fees Against Forever Defendants and Their Counsel [ECF No. 1044] is DENIED. Signed by District Judge E. Richard Webber on August 14, 2012. (BRP)
September 11, 2012
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MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that the Missouri Trustee Defendants' Motion to Dismiss the Aiding-and-Abetting Counts for Failure to State a Claim [ECF No. 1016] is GRANTED. Counts 31, 32, 33, and 34 of Plaintiffs' Third Amended Complaint are DISMISSED. IT IS FURTHER ORDERED that Defendant U.S. Bank's Motion to Dismiss Plaintiffs' Third Amended Complaint, or, in the Alternative, for a More Definite Statement [ECF No. 1023], is DENIED as moot. IT IS FURTHER ORDERED that Defendant Richard Markow's Motion to Dismiss Counts 36-38 of Plaintiffs' Third Amended Complaint [ECF No. 1082] is GRANTED in part, and DENIED in part. Only Count 38 of Plaintiffs' Third Amended Complaint is DISMISSED. Signed by District Judge E. Richard Webber on 09/11/2012. (CBL) (Main Document 1123 replaced on 9/12/2012 due to duplicate pages) (CBL).
January 8, 2013
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MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that Defendant Herbert Morisse's Motion to Dismiss Count 42 of Plaintiff's Third Amended Complaint [ECF No. 1143] is GRANTED. Count 42 of Plaintiffs' Third Amended Complaint is DISMISSED. Signed by District Judge E. Richard Webber on 01/08/2013. (CBL)
February 22, 2013
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Certain Trustee Defendants' Motion to Strike Plaintiffs' Jury Demand [ECF No. 1147] is DENIED. Signed by District Judge E. Richard Webber on February 22, 2013. (BRP)
February 25, 2013
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MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that Plaintiffs' Motion for Setting of Jury Trial [ECF No. 1156] is GRANTED. Parties shall submit a Joint Scheduling Plan to this Court no later than April 1, 2013. In the event a Joint Plan cannot be agreed to, and submitted by, all parties, one plan will be accepted on behalf of Plaintiffs and one plan will be accepted on behalf of all Defendants, to be considered by the Court. ( Joint Scheduling Plan due by 4/1/2013.) Signed by District Judge E. Richard Webber on 02/25/2013. (CBL)
March 5, 2013
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MEMORANDUM AND ORDER re:1154 MOTION to Dismiss :Claims for Relief 8, 21 and 22 of Plaintiff's 3rd Amended Complaint filed by Defendant Howard A. Wittner motion is DENIED. Signed by District Judge E. Richard Webber on March 5, 2013. (MCB)
May 2, 2013
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Trustee Defendants' Motion for Reconsideration [ECF No. 1175] is DENIED. Signed by District Judge E. Richard Webber on May 2, 2013. (BRP)
June 24, 2013
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff SDR's Motion to Compel the Forever Entities' Responses to the SDR's First Set of Requests for Production [ECF No. 1207], is GRANTED in part. Within twenty (20) days, Forever Entities shall produce all financial records and documents, in accordance with, and as specified in, this Order. IT IS FURTHER ORDERED that the Motion to Withdraw [ECF No. 1191] filed by counsel for Forever Defendants, and Plaintiffs' Motion to Enforce Court Order Requiring Payment of Fees [ECF No. 1173] shall be held in abeyance, to be considered by this Court after Forever Defendants produce the documents, as directed above, within twenty (20) days of this Order. Signed by District Judge E. Richard Webber on June 24, 2013. (BRP)
July 19, 2013
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants Tyler Cassity and Hollywood Forever, Inc.'s Motion to Compel Return of Inadvertently Produced Document [ECF No. 1197], is DENIED. IT IS FURTHER ORDERED that Plaintiff SDR's Motion for Discovery Status Update by Defendants Tyler Cassity and Hollywood Forever Regarding Documents Cited in Narrative Timeline and for Other Relief [ECF No. 1217] is GRANTED. Defendants shall, within ten (10) days of this Order, provide to Plaintiffs and this Court a Status Report concerning their larger document collection, giving a date certain as to when productions shall be forthcoming, and specifying the circumstances surrounding the loss or destruction of the documents cited, referenced, or quoted in the Narrative Timeline. Furthermore, Defendants shall, within thirty (30) days of this Order, produce all documents responsive to Plaintiff SDR'sRequests for Production; and they shall, within forty-five (45) days of this Order, provide Plaintiffs and this Court a privilege log. (Response to Court due by 9/2/2013. Status Report due by 7/29/2013.). Signed by District Judge E. Richard Webber on July 19, 2013. (BRP)
September 18, 2013
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MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that the "Motion to Withdraw as Counsel" [ECF No. 1191] filed by counsel for Forever Defendants is DENIED. IT IS FURTHER ORDERED that "Plaintiffs' Unopposed Motion for Order Requiring Personal Presence of Forever Defendants' Officers and Directors and Other Defendants for Questioning at September 11 Hearing" [ECF No. 1258] is held in ABEYANCE, due to receipt of most recent information. IT IS FURTHER ORDERED that "Plaintiff's Motion to Enforce Court Order Requiring Payment of Attorney Fees by Forever Defendants" [ECF No. 1173] is held in ABEYANCE, subject to examination of documents to be supplied by the Wittner Defendants and Forever Defendants' Officers and Directors, who are also named as individual defendants in this matter. IT IS FURTHER ORDERED that any attorney/client privilege that could be asserted concerning all Cassity and Forever Defendants files, documents, computer servers, hard drives, and other electronic devices, from the Forever Oak Hill Cemetery (consisting of approximately 200 boxes of files) and the Bellerive Cemetery (consisting of approximately 60 boxes of files and electronic equipment located in a shed) shall be waived. IT IS FURTHER ORDERED that any attorney/client privilege that has been asserted concerning all documents listed in the 47-page privilege log, prepared by Wittner Defendants on behalf of Forever Defendants, and produced to Plaintiffs, shall be waived. Wittner Defendants shall provide revised responses to Plaintiffs' Requests for Production, removing all objections and otherwise complying with the Court's directions in its June 24 Order. IT IS FURTHER ORDERED that Defendants Doug Cassity, Brent Cassity, and J. Tyler Cassity shall produce to Plaintiffs all personal banking statements, credit card statements, and financial statements pertaining to the financial status of said individuals, for the period between July 1, 2011 to present. Signed by District Judge E. Richard Webber on 09/18/2013. (CBL)
September 23, 2013
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MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that "Plaintiff SDR's Motion to Compel the Production of Documents by Defendant Southwest Bank" [ECF No. 1209], is GRANTED. It is further ordered that Defendant Southwest Bank shall produce, within thirty (30) days from the date of this Order, documents responsive to Plaintiffs' Requests for Production, for the period between 2004 and 2006. Signed by District Judge E. Richard Webber on 09/23/2013. (CBL)
September 23, 2013
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**MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that "Plaintiffs' Motion to Modify or Reconsider Order Granting Motion for Leave to Withdraw as Counsel for Defendants J. Tyler Cassity and Hollywood Forever, Inc." [ECF No. 1221], is DENIED. IT IS FURTHER ORDERED that "Tyler Cassity and Hollywood Forever, Inc.'s Response to Court Order and Motion for Reconsideration" [ECF No. 1235], is DENIED. IT IS FURTHER ORDERED that "Plaintiffs' Opposition to Defendants Tyler Cassity and Hollywood Forever, Inc.'s Response to Court Order and Motion for Reconsideration, and Plaintiffs' Motion to Compel a More Complete Response [ECF No. 1238], is DENIED, as moot. IT IS FURTHER ORDERED that "Defendants, Tyler Cassity and Hollywood Forever, Inc.'s Motion to Compel Plaintiffs, SDR, to Produce Documents Requested in Defendants' Amended First Request for Production" [ECF No. 1246], is DENIED, as moot. It is further ordered that Defendants Tyler Cassity and Hollywood Forever shall be allowed up to, and until October 1, 2013, to rephrase Defendants' production requests. The Court will consider any future motions to compel after the time for response to the rephrased requests has expired. Signed by District Judge E. Richard Webber on 09/23/2013. (CBL) **NOTE: Order modified on 11/15/2013 per 1344 Memorandum and Order as follows: The last line of the first full paragraph on page 2 of the Court's September 23, 2013 Order [ECF No. 1282] shall be modified to read as follows: "Hollywood Forever is a former subsidiary of another named defendant, Forever Network...." See document 1344.
November 13, 2013
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MEMORANDUM AND ORDER. (see order for details) In sum, the Court finds that Defendants have failed to demonstrate that "exceptional circumstances" exist such that relief from this Court's September 18, 2013 Memorandum and Order would be justified under Rule 60(b). IT IS HEREBY ORDERED that Defendant Doug Cassity's "Motion for Reconsideration" [ECF No. 1280] is DENIED. IT IS FURTHER ORDERED that Defendant Howard A. Wittner's, Individually and as Trustee of the RBT Trust II, and Defendant Wittner, Spewak & Maylack, PCs "Motion to Reconsider and Request for Clarification of this Court's September 18, 2013 Order" [ECF No. 1284] is DENIED. Signed by District Judge E. Richard Webber on 11/13/2013. (CBL)
November 15, 2013
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MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that Defendant Tyler Cassity's Motion to Supplement and Reconsider Court Order Entered September 18, 2013 Requiring Tyler Cassity to Produce Personal Financial Documents, or in the Alternative to Order Plaintiffs to Produce Certain Affiants for the Purpose of Cross-Examination [ECF No. 1294] is DENIED. Defendant J. Tyler Cassity shall, within thirty (30) days of entry of this Order, comply in all respects with the Court's directive to produce personal financial documents, as entered in its September 18, 2013 Order. IT IS FURTHER ORDERED that Defendant Tyler Cassity's Motion to Correct Court Order Entered September 23, 2013 [ECF No. 1299] is DENIED in part, and GRANTED in part. The Order 1282 shall be modified as discussed herein. Signed by District Judge E. Richard Webber on 11/15/2013. (CBL)
December 20, 2013
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' request for the sanction of default judgment is HELD IN ABEYANCE. IT IS FURTHER ORDERED that Brent Cassity shall produce to Plaintiffs, within ten (10) days of entry of this Order, all personal banking statements, credit card statements, and financial statements pertaining to his financial status for the period between July 1, 2011 to present, as ordered by the Court. This production shall include documents pertaining to any financial interest, separately held, or jointly held with any individual or entity. Failure to produce the documents as ordered likely will result in an order holding Brent Cassity in contempt of court. Signed by District Judge E. Richard Webber on Decemer 20, 2013. (BRP)
January 3, 2014
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that counsel's Motion and Memorandum to Withdraw as Counsel for Defendants David R. Wulf and Wulf Bates & Murphy, Inc. [ECF No. 1356] is GRANTED. Defendants David R. Wulf and Wulf Bates & Murphy, Inc. are hereby notified they have thirty (30) days from entry of this Order to employ successor civil counsel to represent them in this matter. IT IS FURTHER ORDERED that counsel and parties shall confer and advise the Court concerning the scheduling of depositions, in accordance with this Memorandum and Order. Signed by District Judge E. Richard Webber on January 3, 2014. (Mailed to David R. Wulf, 2714 Hillcroft, Dr., Chesterfield, MO 63017) (BRP)
February 7, 2014
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MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that "Defendant Rhonda L. Cassity, Inc. a/k/a Wellstream, Inc. f/k/a R. L. Cassity, Inc. and Trans-American Facilities, Inc.'s Notice of Withdrawal of Counsel" [ECF No. 1394] is HELD in ABEYANCE, pending receipt of notice of entry by alternate counsel, or until counsel provides verification of a valid address for notice to be mailed to Defendant Rhonda L. Cassity, Inc. Signed by District Judge E. Richard Webber on 02/07/2014. (CBL) Modified on 2/10/2014 (KXS).
February 7, 2014
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that each counsel expecting to appear at any of the five named prisons listed in the Joint Report shall complete a security clearance form, a copy of which is attached to this Order, and shall otherwise comply with the procedures and provisions discussed herein. Respective counsel shall supply dates at least two weeks before the scheduled depositions occur. IT IS FURTHER ORDERED that Plaintiffs' otion to Obtain Leave of the CourtPursuant to F.R.C.P. 30(a)(2)(B) to Depose Defendant Brent Douglas Cassity, Who is Confinedin Prison' [ECF No. 1386] is GRANTED. IT IS FURTHER ORDERED that Plaintiffs' 'Motion to Obtain Leave of the Court Pursuant to F.R.C.P. 30(a)(2)(B) to Depose Defendant James Douglas Cassity, Who is Confined in Prison' [ECF No. 1387] is GRANTED. IT IS FURTHER ORDERED that Plaintiffs' "Motion to Obtain Leave of the Court Pursuant to F.R.C.P. 30(a)(2)(B) to Depose Defendant Sharon Nekol Province, Who is Confined in Prison" [ECF No. 1388] is GRANTED. IT IS FURTHER ORDERED that Plaintiffs' "Motion to Obtain Leave of the Court Pursuant to F.R.C.P. 30(a)(2)(B) to Depose Defendant Randall K. Sutton, Who is Confined in Prison" [ECF No. 1389] is GRANTED. IT IS FURTHER ORDERED that Plaintiffs' "Motion to Obtain Leave of the Court Pursuant to F.R.C.P. 30(a)(2)(B) to Depose Defendant Howard Wittner, Who is Confined in Prison" [ECF No. 1390] is GRANTED. IT IS HEREBY ORDERED that Plaintiffs' "Motion to Obtain Leave of the Court Pursuant to F.R.C.P. 30(a)(2)(B) to Depose Defendant David R. Wulf, Who is Confined in Prison" [ECF No. 1391] is GRANTED. Signed by District Judge E. Richard Webber on February 7, 2014. (Attachments: # (1) Security Clearance Form)(BRP)
February 18, 2014
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that "Plaintiffs' Unopposed Motion for Order Requiring Personal Presence of Forever Defendants' Officers and Directors and Other Defendants for Questioning at September 11 Hearing 1258 is DENIED, as moot. Signed by District Judge E. Richard Webber on February 18, 2014. (MCB)
March 12, 2014
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**MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiffs Motion to Enforce Court Order Requiring Payment of Attorney Fees by Forever Defendants [ECF No. 1173] is GRANTED. Forever Defendants shall monetarily compensate Plaintiffs for the fees, in the amount of $7,693.85 as ordered, within twenty (20) days of this Order A certificate of payment shall be filed with this Court no later than April 7, 2014. ( Response to Court due by 4/7/2014.) Signed by District Judge E. Richard Webber on March 12, 2014. (MCB) ** This Memorandum and Order was modified by the Amended Memorandum and Order issued on April 8, 2014 1496 (CBL).
March 12, 2014
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendant Sharon Nekol Provinces informal request to set aside the Courts February 7, 2014 Order granting Plaintiffs leave to depose her [ECF No. 1435] is DENIED. IT IS FURTHER ORDERED that Defendant Provinces informal request that mail no longer be sent to her at her prison address is DENIED. Signed by District Judge E. Richard Webber on March 12, 2014. (MCB)
March 13, 2014
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiffs Motion to Enforce Court Order Requiring Production of Personal Financial Information by Brent Cassity [ECF No. 1336], is DENIED, as moot. Signed by District Judge E. Richard Webber on March 13, 2014. (MCB)
March 27, 2014
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs Motion for In Camera Review [ECF No. 1439] is HELD IN ABEYANCE, pending receipt of a Status Report provided by Plaintiff. IT IS FURTHER ORDERED that Plaintiffs shall file a Status Report regarding Plaintiffs Motion for In Camera Review, within ten (10) days of this Order. (Response to Court due by 4/7/2014.) Signed by District Judge E. Richard Webber on March 27, 2014. (MCB)
April 7, 2014
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MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that J. Douglas Cassity's pro se "Motion to Strike False Statements in Court's March 12th, 2014 Memorandum and Order and to Order Investigation of the Provider of Forged and/or Altered Documents to the Court" [ECF No. 1457] is GRANTED. IT IS FURTHER ORDERED that the last sentence beginning on page four and continuing on page five of this Court's March 12, 2014 Order [ECF No. 1450], "Moreover, during this time, Doug Cassity received payments totaling over $3 million dollars for goods sold on eBay, and Brent Cassity and Tyler Cassity were spending tens of thousands of dollars on luxury goods and services [,]" shall be stricken, and shall be replaced with the following sentence: "Moreover, during this time, Brent Cassity and Tyler Cassity were spending tens of thousands of dollars on luxury goods and services." In all other respects, the March 12, 2014 Order shall remain unchanged. Signed by District Judge E. Richard Webber on 04/07/2014. (CBL)
April 8, 2014
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MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that "Plaintiffs' Motion for In Camera Review" [ECF No.1439] is GRANTED. IT IS FURTHER ORDERED that Wittner Defendants, or the party having custody and control of the documents that are listed on the Wittner Defendants' revised privilege log [ECF No. 1439-2], shall produce to this Court the documents to which privilege is being asserted, and shall deliver the documents to chambers for the Court's review, within ten (10) days of this Order. Signed by District Judge E. Richard Webber on 04/08/2014. (CBL)
April 8, 2014
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AMENDED MEMORANDUM AND ORDER. This Memorandum and Order modifies the Court's March 12, 2014 Order 1450(see order for details) IT IS HEREBY ORDERED that "Plaintiffs' Motion to Enforce Court Order Requiring Payment of Attorney Fees by Forever Defendants" [ECF No. 1173] is GRANTED. Forever Defendants shall monetarily compensate Plaintiffs for the fees, in the amount of $7,693.85 as ordered, within twenty (20) days of this Order A certificate of payment shall be filed with this Court no later than April 7, 2014. Signed by District Judge E. Richard Webber on 04/08/2014. (CBL)
April 10, 2014
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MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that Defendant J. Douglas Cassitys "Motion to Dismiss without Prejudice or in the Alternative to Sever" [ECF No. 1433] is DENIED. IT IS FURTHER ORDERED that Plaintiffs shall submit a Status Report regarding the provision of copies of deposition transcripts to Defendant J. Douglas Cassity. Signed by District Judge E. Richard Webber on 04/10/2014. (CBL)
April 30, 2014
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MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that "Plaintiffs' Motion to Compel Production of Documents from Defendant Brown Smith Wallace" [ECF No. 1473] is GRANTED in part, and DENIED, in part. That part of Plaintiffs' Motion requesting the Court to order Brown Smith Wallace to produce certain requested documents is denied, as moot. In accordance with the parties' representations and agreement, Brown Smith Wallace shall make auditors Matthew Powell and Larry Pevnik available for up to seven (7) hours each of additional deposition testimony based on the newly-produced documents. The parties shall communicate and agree on a time and location for taking the depositions. If the parties cannot so agree, they shall notify the Court, and it shall decide. Furthermore, Plaintiffs shall produce for the Court's review, a statement of attorney fees in bringing the motion to compel, as well as the fees incurred in preparing for and taking the second Powell and Pevnik depositions. Signed by District Judge E. Richard Webber on 04/30/2014. (CBL)
April 30, 2014
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants shall produce to the Court for its review, within five (5) days of this Order, all banking statements, credit card statements, and financial statements pertaining to the financial status of and all property ownership interests held by Rhonda L. Cassity and Rhonda L. Cassity, Inc., for the period between July 1, 2011 to present. (Response to Court due by 5/5/2014.) Signed by District Judge E. Richard Webber on April 30, 2014. (BRP)
May 8, 2014
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Wittner Firm shall produce to Plaintiffs, within ten (10) days of this Order, copies of all non-privileged documents as identified by the Court. IT IS FURTHER ORDERED that the Wittner Firm shall produce to the Court for review, within ten (10) days of this Order, all documents for which privilege was claimed, but not provided to the Court. Signed by District Judge E. Richard Webber on May 8, 2014. (Attachments: # (1) Wittner Defendant's Revised Log for Non-Receivership Hard Copy Documents (MASTER))(BRP)
May 9, 2014
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion to Strike National City Bank's Failure to Mitigate Damages Defense and Quash Its Subpoena [ECF No. 1437] is GRANTED. Signed by District Judge E. Richard Webber on May 9, 2014. (BRP)
May 9, 2014
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants Rhonda L. Cassity's and Rhonda L. Cassity, Inc.'s Verified Motion for Protective Order [ECF No. 1512] is DENIED. The depositions of Defendants Rhonda L. Cassity and Rhonda L, Cassity, Inc. shall take place as currently noticed. Signed by District Judge E. Richard Webber on May 9, 2014. (BRP)
May 20, 2014
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that American Stock Transfer Company will produce its designated Rule 30(b)(6) witness, Herbert Lenner, for deposition at the offices of Reilly Pozner, LLP, 1900 Sixteenth Street, Suite 1700, Denver, Colorado 80202, on June 5, 2014 at 9:00 a.m. MST. Signed by District Judge E. Richard Webber on May 20, 2014. (MCB)
May 21, 2014
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MEMORANDUM AND ORDER re:1540 MOTION for Reconsideration re 1535 Memorandum & Order, filed by Defendant J. Douglas Cassity. IT IS HEREBY ORDERED that Defendant J. Douglas Cassitys Motion to Reconsider Memorandum and Order of May 9, 2014 Re: Quashing of Subpoena [ECF No. 1540] is DENIED. Signed by District Judge E. Richard Webber on May 21, 2014. (MCB)
May 21, 2014
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MEMORANDUM AND ORDER re: 1531 Memorandum and Order - IT IS HEREBY ORDERED that a listed counsel of record for the Wittner Firm shall promptly retrieve the submitted box folders from chambers with proper identification. IT IS FURTHER ORDERED that Wittner Defendants firm shall supply copies of all non-privileged documents to Plaintiffs within seven (7) days of this Order. Signed by District Judge E. Richard Webber on May 21, 2014. (MCB)
July 15, 2014
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MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that "National City's Motion for Reconsideration and Clarification" [ECF No. 1569] is DENIED. Signed by District Judge E. Richard Webber on 07/15/2014. (CBL)
August 13, 2014
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendant Brown Smith Wallace shall reimburse Plaintiffs the amount of $21,712.00, as their fees and costs incurred in bringing their motion to compel, and as the fees and costs incurred in preparing for and taking the second Pevnick deposition. Signed by District Judge E. Richard Webber on August 13, 2014. (MCB)
August 29, 2014
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MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that Defendant Brown Smith Wallace, LLC's "Motion for Leave to Schedule the Deposition of the Custodian of Records of the California Board of Accountancy" [ECF No. 1624] is DENIED. Signed by District Judge E. Richard Webber on 08/29/2014. (CBL)
September 5, 2014
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendant J. Douglas Cassitys Motion to Modify Order and Make Dismissal of Defendant Cassity with Prejudice and/or to Reinstate Doug Cassity as a Defendant Unless Brent Cassity Is Also Dismissed with Prejudice [ECF No. 1621] is GRANTED in part, and DENIED in part. The Court shall vacate its July 22, 2014 order [ECF No. 1618] granting Plaintiffs Motion for Dismissal without Prejudice of Complaint Against Defendant J. Douglas Cassity. In all other respects, Doug Cassitys Motion shall be denied. IT IS FURTHER ORDERED that Defendant Tyler Cassitys Amended Motion to Set Aside or Vacate the Dismissal of Defendant J. Douglas Cassity; Tyler Cassitys Opposition to J. Douglas Cassitys Motion to Dismiss with Prejudice; and Tyler Cassitys Joinder in Doug Cassitys Request to Vacate Dismissal [ECF No. 1629]; and Defendants Rhonda L. Cassitys and Rhonda L. Cassity, Inc.s Notice of Joinder in Co-Defendant Tyler Cassitys Amended Motion to Set Aside or Vacate the Dismissal of Defendant J. Douglas Cassity and Joinder in Defendant Doug Cassitys Request to Vacate Dismissal [ECF No. 1630] are DENIED, as moot.IT IS FURTHER ORDERED that Brent Cassitys Motion to Dismiss with Prejudice or in the Alternative to Grant Defendant Brent Cassity, Pro Se, Due Process Rights in Order that He Be Able to Defend Himself [ECF No. 1623] is DENIED. Signed by District Judge E. Richard Webber on September 5, 2014. (MCB)
September 23, 2014
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MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that Defendant Brent Cassity's "Motion to Compel Plaintiffs to Supply Brent Cassity, Defendant Pro Se, All Deposition Transcripts, Exhibits, and Documents Needed to Properly Prepare for Trial" [ECF No. 1670] is DENIED. Signed by District Judge E. Richard Webber on 09/23/2014. (CBL)
October 2, 2014
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MEMORANDUM AND ORDER. (see order for detail) IT IS HEREBY ORDERED that "National City's Request for Clarification and/or Modification of Proposed Order on Wittner Documents" [ECF No. 1681] is DENIED in part, and GRANTED in part. National Citys Request for Modification of the Proposed Order on Wittner Documents is denied. National City's Request for Clarification is granted; as discussed herein. Signed by District Judge E. Richard Webber on 10/02/2014. (CBL)
October 2, 2014
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MEMORANDUM AND ORDER re: Wittner Documents. The Court has reviewed the proposed Order 1675-1, and finds its terms, with minor time adjustments, resolve the discovery dispute in a manner best suited to serve the purposes of the rules governing disclosures, within the scope of discovery. Accordingly, the Court hereby orders as indicated herein. (Read order for complete details.) Signed by District Judge E. Richard Webber on 10/02/2014. (CBL) (Main Document 1695 replaced on 10/3/2014) (CBL).
November 14, 2014
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MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that Plaintiff SDRs Motion for In Camera Review and to Compel Production of Non-Privileged Documents [ECF No. 1686] is GRANTED. Signed by District Judge E. Richard Webber on 11/14/2014. (CBL)
November 14, 2014
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MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that Plaintiff's Motion to Re-Depose American Stock Transfer and Trust Company, LLC's Rule 30(b)(6) Witness [ECF No. 1827] is GRANTED. Signed by District Judge E. Richard Webber on 11/14/2014. (CBL)
November 14, 2014
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MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that Plaintiff's Motion to Re-Depose Bank of America's Rule 30(b)(6) Witness [ECF No. 1850] is DENIED. Signed by District Judge E. Richard Webber on 11/14/2014. (CBL)
November 18, 2014
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MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that Comerica Bank and Trust, N.A.'s Motion for Separate Trial [ECF No. 1688] is DENIED. Signed by District Judge E. Richard Webber on 11/18/2014. (CBL)
November 19, 2014
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MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that National City's Motion to Compel Production of Documents [ECF No. 1682] is DENIED, in part. Signed by District Judge E. Richard Webber on 11/19/2014. (CBL)
November 19, 2014
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MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED, ADJUDGED and DECREED that Plaintiffs' Motion for Leave to Amend Complaint and Remove Certain Defendants and Claims [ECF No. 1663] is DENIED. Signed by District Judge E. Richard Webber on 11/19/2014. (CBL)
December 1, 2014
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiff's Motion to Exclude Expert Testimony [ECF No. 1749]; National City Bank and U.S. Bank's Motion to Strike in Part the Expert Testimony of Edgar M. Coster and Donald J. Fitzgerald [ECF No. 1755]; National City and U.S. Banks Motion to Strike in Part the Expert Testimony of Jonathan Arnold [ECF No. 1758]; Missouri Trustee Defendants Motion to Exclude Expert Testimony of Robert Lock [ECF No. 1771]; Comerica Bank and Trusts Motion to Exclude the Opinions and Testimony of Plaintiffs Expert, Edgar M. Coster as Against It [ECF No. 1824]; Comericas Motion to Exclude the Opinions and Testimony of Plaintiffs Expert Jonathan I. Arnold, as Against It [ECF No. 1830]; and Richard Markows Motion for Joinder as it pertains to Motions 1771, 1758, 1748, and 1755 [ECF No. 1847] are GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that National City Bank and U.S. Banks Joinder in BMO Harris Banks Motion to Exclude Expert Testimony of Jo Ann Howard [ECF No. 1753] is GRANTED. Signed by District Judge E. Richard Webber on December 1, 2014. (MCB)
December 3, 2014
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MEMORANDUM AND ORDER. This matter comes before the court upon the Court's order granting "Plaintiff SDR's Motion for In Camera Review and to Compel Production of Non-Privileged Documents" [ECF No. 1915]. The Court has completed its in camera review. (see order for details) IT IS HEREBY ORDERED that National City shall produce the documents determined to be non-privileged to Plaintiffs within seven (7) days from the date of this order. Signed by District Judge E. Richard Webber on 12/03/2014. (CBL)
December 22, 2014
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MEMORANDUM AND ORDER. (see order for details) After considering the parties' briefs and oral arguments, the Court finds there are genuine issues of material fact as to the issues presented.IT IS HEREBY ORDERED that American Stock Transfer and Trust Company, LLC's Motion for Summary Judgment [ECF No. 1740] is DENIED. Signed by District Judge E. Richard Webber on 12/22/2014. (CBL)
December 22, 2014
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MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that "Plaintiffs' Motion to Compel 30(b)(6) Testimony from Defendant National City Bank" [ECF No. 1565] and "Plaintiffs' Supplemental Motion for Leave to Take Supplemental Fact Depositions Based on National City Banks December 10, 2014, Disclosure" [ECF No. 2012] are GRANTED as indicated herein. (see order for details) Signed by District Judge E. Richard Webber on 12/22/2014. (CBL)
December 29, 2014
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MEMORANDUM AND ORDER re:1746 MOTION for Judgment on the Pleadings or in the Alternative, Motion for Summary Judgment filed by Defendant Herbert Morisse. IT IS HEREBY ORDERED that "Defendant Herbert Morisse's Motion for Judgment on the Pleadings or in the Alternative, Motion for Summary Judgment" 1746 is DENIED. Signed by District Judge E. Richard Webber on December 29, 2014. (MCB)
December 31, 2014
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MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that "Comerica's Motion for Summary Judgment" [ECF No. 1821] is DENIED. Signed by District Judge E. Richard Webber on 12/31/2014. (CBL)
January 6, 2015
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MEMORANDUM AND ORDER. This matter comes before the court upon "Plaintiffs' Motion for Leave to Conduct Trial Preservation Deposition of Brent Cassity" [ECF No. 2058]. A second deposition of Brent Cassity will not be allowed. As an alternative, the Court will consider allowing a limited interrogatory of Brent Cassity. Plaintiffs shall submit six proposed interrogatories by 5:00 P.M., Friday, January 9, 2015. Defendants will submit proposed counter interrogatories by 5:00 P.M., Tuesday, January 13, 2015. Parties shall file the proposed interrogatories as Notices to the Court. The Court will not accept subparts to the interrogatories. The Court will then decide if it will allow these interrogatories. Signed by District Judge E. Richard Webber on 01/06/2015. (CBL)
January 12, 2015
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MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that "Defendants National City Bank, U.S. Bank, National Association, and BMO Harris Bank's Motion for Partial Summary Judgment" [ECF No. 1761] and "Defendants National City Bank and U.S. Bank, National Association's Joinder in Part in BMO Harris Bank's Motion for Partial Summary Judgment" [ECF No. 1788] are GRANTED in part, and DENIED in part. (See Full Order) Signed by District Judge E. Richard Webber on 01/12/2015. (CBL)
January 12, 2015
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MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that Jane Carriker's Motion to Quash Subpoena [ECF No. 2090] is DENIED. (See Full Order) Signed by District Judge E. Richard Webber on 01/12/2015. (CBL)
January 13, 2015
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MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that "Defendant U.S. Bank, National Association's Separate Motion for Summary Judgment" [ECF No. 1774] is DENIED. (See Full Order.) Signed by District Judge E. Richard Webber on 01/13/2015. (CBL)
January 14, 2015
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MEMORANDUM AND ORDER. IT IS HEREBY ORDERED "Plaintiffs' Submission of Proposed Supplemental Interrogatories, or in the Alternative Motion for Contemporaneous Transmission of Trial Testimony, or in the Alternative Motion for the Issuance of a Writ of Habeas Corpus Ad Testificandum" [ECF No. 2087] is GRANTED, in part, and DENIED, in part. (See Full Order) Signed by District Judge E. Richard Webber on 01/14/2015. (CBL)
January 23, 2015
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MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that Plaintiffs' Motion to Dismiss Complaint against Defendants David Wulf and Wulf Bates & Murphy, Inc. with Prejudice [ECF No. 2089] is GRANTED. Signed by District Judge E. Richard Webber on 01/23/2015. (CBL)
January 29, 2015
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MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that National City's Motion for Partial Reconsideration of Ruling on Missouri Trustees Motions for Summary Judgment [ECF No. 2140] is GRANTED in part, and DENIED, in part. (See Full Order.) Signed by District Judge E. Richard Webber on 01/29/2015. (CBL)
January 29, 2015
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MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that the Missouri Trustees' Motion in Limine to Exclude Expert Opinions of Robert Hipskind [ECF No. 2158] is DENIED. IT IS FURTHER ORDERED that the Missouri Trustees' Motion in Limine to Exclude Evidence of or Reference to Their Internal Policies, Procedures, Guidelines, Manuals and Related Documents [ECF No. 2159] is DENIED. IT IS FURTHER ORDERED that the Missouri Trustees' Motion in Limine to Exclude Expert Opinions of Janice Sackley [ECF No. 2160] is GRANTED in part, and DENIED, in part. IT IS FURTHER ORDERED that the Missouri Trustees' Motion in Limine to Exclude Evidence of or Reference to FBI Form 302 Reports [ECF No. 2163] is GRANTED in part, and DENIED, in part. IT IS FURTHER ORDERED that the Missouri Trustees' Motion in Limine to Exclude the Testimony of Pre-Need Contract Consumers, Funeral Home Owners, and NPS Marketing and Training Materials [ECF No. 2164] is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that National City's Motion in Limine to Exclude Evidence of Shaun R. Hayes's Post-Allegiant Conduct [ECF No. 2166] is GRANTED. IT IS FURTHER ORDERED that the Missouri Trustees' Motion in Limine to Preclude Testimony and Argument about Statutory Purpose [ECF No. 2167] is GRANTED. IT IS FURTHER ORDERED that National City's Motion in Limine to Exclude Evidence Relating to National City Bank's Acquisition-Related Due Diligence [ECF No. 2169] is DENIED. IT IS FURTHER ORDERED that the Missouri Trustees' Joint Motions in Limine [ECF No. 2172] is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that Plaintiffs' Motions in Limine [ECF No. 2177] is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that Plaintiffs' Motion to Exclude Untimely Witnesses Disclosed by Defendant National City Bank [ECF No. 2193] is DENIED. (See Full Order.) Signed by District Judge E. Richard Webber on 01/29/2015. (CBL)
January 30, 2015
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MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that Trustee Defendants' Motion to Dismiss National City Bank [ECF No. 2208] is DENIED. Signed by District Judge E. Richard Webber on 01/30/2015. (CBL)
January 30, 2015
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MEMORANDUM AND ORDER. Plaintiffs' counsel requested clarification of the Court's prior ruling on Plaintiffs' Motion in Limine regarding evidence or argument relating to the fault of non-parties. In the prior ruling, the Court held evidence of the fault of non-parties is admissible for the purpose of asserting Defendants did not proximately cause Plaintiffs' injuries. After reviewing the authorities raised by the parties, the Court stands on its prior ruling. Defendants are permitted to introduce evidence and argue the fault of non-parties for the purposes of disputing proximate cause. (See Full Order.) Signed by District Judge E. Richard Webber on 01/30/2015. (CBL)
February 13, 2015
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MEMORANDUM AND ORDER - Accordingly, IT IS HEREBY ORDERED that PNC Bank's Motion for Reconsideration of Rulings on Deposition Designation Objections 2248 is GRANTED, in part and DENIED, in part. Signed by District Judge E. Richard Webber on February 13, 2015. (MCB) (Main Document 2254 replaced on 2/13/2015) (MCB).
March 23, 2015
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that PNC Bank's Motion to Compel Production of Plaintiffs' Settlement Agreement with U.S. Bank on an Expedited Basis 2361 is GRANTED. Signed by District Judge E. Richard Webber on March 23, 2015. (MCB)
July 21, 2015
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MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that PNC Bank's Motion to Stay Judgment [ECF No. 2415] is GRANTED. Signed by District Judge E. Richard Webber on 7/21/15. (EAB)
July 22, 2015
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MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that PNC Bank shall provide the Court all communications with its insurers regarding policies which may cover Plaintiffs' claims within ten days of this order. These communications are not to be disclosed to any other party unless by further order of the Court. IT IS FURTHER ORDERED that Plaintiffs shall submit to the Court the specific amount of attorneys fees they are requesting within ten days of this order. Signed by District Judge E. Richard Webber on 7/22/2015. (CBL)
August 12, 2015
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MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that Plaintiffs' Motion to Compel PNC Bank to Produce Insurance Policies and Related Communications [ECF No. 2417] is DENIED, in part. Signed by District Judge E. Richard Webber on 8/12/15. (EAB)
November 20, 2015
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that PNC Bank's Renewed Motion for Judgment as a Matter of Law, or, in the Alternative, for New Trial [ECF No. 2382] is DENIED. Signed by District Judge E. Richard Webber on November 20, 2015. (MCB)
November 20, 2015
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that PNC Bank's Motion for New Trial Based on Legal and Evidentiary Errors [ECF No. 2385] is DENIED. Signed by District Judge E. Richard Webber on November 20, 2015. (MCB)
November 20, 2015
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiffs' Motion to Amend Judgment to Include Prejudgment Interest under Missouri Revised Statutes Section 408.020 [ECF No. 2388] is DENIED. Signed by District Judge E. Richard Webber on November 20, 2015. (MCB)
November 20, 2015
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiffs' First Amended Bill of Costs [ECF No. 2398] is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that Defendant PNC Bank must pay $499,723.20 to Plaintiffs pursuant to Rule 54(d) of the Federal Rules of Civil Procedure. Signed by District Judge E. Richard Webber on November 20, 2015. (MCB)
June 8, 2018
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MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that Plaintiffs' Motion for Protective Order 2556 is DENIED. IT IS FURTHER ORDERED that Defendants PNC Bank, N.A. and National City Bank, N.A.'s Motion for Protective Order 2566is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that Defendants PNC Bank, N.A. and National City Bank, N.A.'s Motion for Protective Order as to Plaintiffs' Second Post-Remand Set of Discovery Requests 2580 is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that Plaintiff SDR's Motion to Compel Production of Documents 2582 is GRANTED, in part, and DENIED, in part. Signed by District Judge E. Richard Webber on 6/8/2018. (CBL)
June 13, 2018
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MEMORANDUM AND ORDER. The Court held a telephone conference on June 12, 2018, to address several discovery issues that have arisen between the parties. The Court makes the following orders. (See Full Order for Details and Deadlines.) Signed by District Judge E. Richard Webber on 6/13/2018. (CBL)
August 14, 2018
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Non-Party BMO Harris Bank, N.A.'s Motion to Quash Plaintiffs' Subpoena to Testify at a Deposition in a Civil Action or Produce Documents in Lieu of Deposition 2617 is GRANTED, in part, and DENIED, in part. Signed by District Judge E. Richard Webber on 8/14/18. (KXS)
August 23, 2018
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MEMORANDUM AND ORDER. This matter comes before the Court on the Court's in camera review of Non-Party BMO Harris Bank, N.A.'s Documents 4-7, 15, 19, and 21-23, as listed in their privilege log. The Court makes the following rulings. (See Full Order.) BMO Harris shall produce these documents to Plaintiff within five business days of this order. Signed by District Judge E. Richard Webber on 8/23/2018. (CBL)