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Photo of Missouri Unified County

Court

Missouri Unified County

Missouri

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Case Information

Filed 2021-08-17
Type Cc Contract Other
Docket 69 entries
Disposition dismissed

Parties

Plaintiff Simsheuser, Molly|Zmijewski, Daniel Robert
Defendant Better Homes And Gardens Real Estate Llc|Pbh Realty Company, Llc|Stark, Nickole|Stumpenhaus, Shannon|Tradition Home Group Llc
Photo of Hon. Fincham Thomas C

Judge

Hon. Fincham Thomas C

Buchanan County (MO)

Missouri

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Lawyers

Docket Entries

  1. udge Assigned
  2. ismissed by Parties VOLUNTARY DISMISSAL WITH PREJUDICE filed. (mlc) Associated Entries: 04/08/2022 - Hearing Continued/Rescheduled + Associated Entries: 04/10/2022 - Pre-trial Conference Scheduled Scheduled For: 10/12/2022; 8:30 AM; THOMAS C FINCHAM; Platte
  3. tipulation Filed VOLUNTARY DISMISSAL WITH PREJUDICE filed. (kr) Electronic Filing Certificate of Service. Filed By: JOHN J GATES On Behalf Of: PBH REALTY COMPANY, LLC
  5. ert Serv of Interrog Filed CERTIFICATE OF SERVICE via email on JUly 21, 2022 to attorney for defendants filed. (kmm) Electronic Filing Certificate of Service. Filed By: DANIEL ROBERT ZMIJEWSKI On Behalf Of: MOLLY SIMSHEUSER
  7. rder PROTECTIVE ORDER filed. (mlc) Filed By: THOMAS C FINCHAM
  9. roposed Order Filed Proposed Protective ORDER forwarded to DIV I for Review filed. (kr) Filed By: JOHN J GATES
  10. otion Filed JOINT AND STIPULATED MOTION TO ENTER A PROTECTIVE ORDER filed. (kr) Electronic Filing Certificate of Service. Filed By: JOHN J GATES On Behalf Of: PBH REALTY COMPANY, LLC
  12. ertificate of Service CERTIFICATE OF SERVICE, Third-party Defendant's hereby certifies Third-party Responses to Plaintiff First Interrogatories, Third-party Responses to Plaintiff First Interroagtories to Third-Party Defendant, Third-Party Responses to Plaintiff First Request for Production of Documents to Third-party Defendant and Third-Party Defendant Responses to Plaintiff First Request for Production of Documents to Third-Party Defendant were sent via postage mail on June 13, 2022 to Daniel Zmijewski filed. (kr) Electronic Filing Certificate of Service. Filed By: FRANK ANTHONY BRANCATO On Behalf Of: NICKOLE STARK, SHANNON STUMPENHAUS
  14. ert Serv Answers Interrog Fil filed by Plaintiff's certifying that Plaintiff's First Interrogatory to Third Party Defendant, Plaintiff's First Interrogatory to Third Party Defendant. Plaintiff's First Request for Production of Documents and Things to Third Party Defendant and Plaintif's First Request for Production of Documents to Third Pary Defendant were sent via electronic mail to all counsel of record on April 8, 2022. (ag) Electronic Filing Certificate of Service. Filed By: DANIEL ROBERT ZMIJEWSKI On Behalf Of: MOLLY SIMSHEUSER
  15. ert Serv of Rspns to Interrog filed by Plaintiff certifying that Plaintiff's First Interrogatories to Defendant and Plaintiff's First Request for Production of Documents to Defendant were sent via electronic mail to all counsel on April 8, 2022. (ag) Electronic Filing Certificate of Service. Filed By: DANIEL ROBERT ZMIJEWSKI On Behalf Of: MOLLY SIMSHEUSER
  16. rder Court's CIVIL CASE PRETRIAL ORDER filed herein. (mlc) Filed By: THOMAS C FINCHAM
  18. ury Trial Scheduled
  19. re-trial Conference Scheduled Associated Entries: 09/22/2022 - Dismissed by Parties + Scheduled For: 10/12/2022; 8:30 AM; THOMAS C FINCHAM; Platte
  21. earing Continued/Rescheduled Plaintiff appears by atty Daniel Zmijewski. Defendant, PBH, appears by atty John Gates. Third Parties appear by atty Frank Brancato. Trial setting discussed. Cause set for jury trial on 11/14/22 at 9 AM - #3 out (Plaintiff and Defendant case only - not third party). Atty Brancato discussess mediation. Pretrial conference set for 10/12/22 at 8:30 AM via Webex video. (mlc) Associated Entries: 02/04/2022 - Hearing Continued/Rescheduled + Associated Entries: 02/07/2022 - Hearing Scheduled Associated Entries: 09/22/2022 - Dismissed by Parties + Hearing Continued From: 04/08/2022; 9:00 AM Hearing
  23. nswer Filed THIRD-PARTY DEFENDANT TRADITION HOME GROUP, LLC'S ANSWER AND AFFIRMATIVE DEFENSES TO DEFENDANT PHB REALTY COMPANY, LLC'S THIRD-PARTY PETITION FOR INTERPLEADER filed. aeg Electronic Filing Certificate of Service. Filed By: FRANK ANTHONY BRANCATO On Behalf Of: TRADITION HOME GROUP LLC
  24. ntry of Appearance Filed ENTRY OF APPEARANCE AND DESIGNATION OF LEAD COUNSEL filed. Frank A. Brancato and Gary C. Haggerty enter their appearances as attorney for Third-Party Defendant Tradition Home Group, LLC.. aeg Electronic Filing Certificate of Service. Filed By: FRANK ANTHONY BRANCATO On Behalf Of: TRADITION HOME GROUP LLC
  26. nswer Filed PLAINTIFF'S ANSWER TO DEFENDANT PHB REALTY COMPANY, LLC'S COUNTERCLAIM AND THIRD-PARTY PETITION FOR INTERPLEADER filed. aeg Electronic Filing Certificate of Service. Filed By: DANIEL ROBERT ZMIJEWSKI On Behalf Of: MOLLY SIMSHEUSER
  28. orporation Served Document ID - 22-SMCC-58; Served To - TRADITION HOME GROUP LLC; Server - ; Served Date - 21-FEB-22; Served Time - 17:31:00; Service Type - Special Process Server; Reason Description - Served; Service Text - Trinity Hibler, SPS, served Conrad Stumpenhaus at location
  29. otice of Service DEFENDANT PBH REALTY COMPANY, LLC'S NOTICE OF RETURN OF SERVICE & AFFIDAVIT OF SERVICE filed. aeg Electronic Filing Certificate of Service. Filed By: JOHN J GATES On Behalf Of: PBH REALTY COMPANY, LLC
  30. earing Scheduled Associated Entries: 04/08/2022 - Hearing Continued/Rescheduled + Scheduled For: 04/08/2022; 9:00 AM; THOMAS C FINCHAM; Platte
  31. ummons Issued-Circuit Document ID: 22-SMCC-58, for TRADITION HOME GROUP LLC. issued and forwarded to attorney for proper service by special process server. (kmm)
  32. rder - Special Process Server ORDER FOR APPOINTMENT OF PRIVATE PROCESS SERVER signed and filed. (kmm)
  33. otion Special Process Server DEFENDANT PHB REALTY COMPANY, LLC'S MOTION FOR APPOINTMENT OF PRIVATE PROCESS SERVER filed with proposed Order. (kmm) Electronic Filing Certificate of Service. Filed By: JOHN J GATES On Behalf Of: PBH REALTY COMPANY, LLC
  34. equest Filed REQUEST FOR SUMMONS filed. (kmm) Electronic Filing Certificate of Service. Filed By: JOHN J GATES
  35. earing Continued/Rescheduled Plaintiff appears by atty Daniel Zmijewski. Defendant appears by atty John Gates (audio), who requests continuance. Third partys appear by atty Frank Brancato. Appearances via Webex. Cause continued to 04/08/22 at 9 AM for docket call. (mlc) Associated Entries: 12/03/2021 - Hearing Continued/Rescheduled + Associated Entries: 12/10/2021 - Hearing Scheduled Associated Entries: 04/08/2022 - Hearing Continued/Rescheduled + Hearing Continued From: 02/04/2022; 9:00 AM Hearing
  36. mended Counterclaim Filed DEFENDANT PHB REALTY COMPANY, LLC'S FIRST AMENDED COUNTERCLAIM AND THIRD-PARTY PETITION FOR INTERPLEADER filed. aeg Electronic Filing Certificate of Service. Filed By: JOHN J GATES On Behalf Of: PBH REALTY COMPANY, LLC
  37. rder Granting Leave ORDER granting Motion for Leave to File First Amended Counterclaim and Third-Party Petition for Interpleader filed herein. Same shall be filed within 10 days of this date. (mlc) Filed By: THOMAS C FINCHAM
  38. roposed Order Filed PROPOSED ORDER filed. Forwarded to DIV I for review. aeg Electronic Filing Certificate of Service. Filed By: JOHN J GATES On Behalf Of: PBH REALTY COMPANY, LLC
  39. otion for Leave DEFENDANT PBH REALTY COMPANY, LLC,S UNOPPOSED MOTION FOR LEAVE TO FILE FIRST AMENDED COUNTERCLAIM AND THIRD-PARTY PETITION FOR INTERPLEADER filed, and... DEFENDANT PBH REALTY COMPANY, LLC,S FIRST AMENDED COUNTERCLAIM AND THIRD-PARTY PETITION FOR INTERPLEADER filed. aeg Electronic Filing Certificate of Service. Filed By: JOHN J GATES On Behalf Of: PBH REALTY COMPANY, LLC
  40. nswer Filed THIRD-PARTY DEFENDANT NICKOLE STARK'S ANSWER AND AFFIRMATIVE DEFENSES TO DEFENDANT PHB REALTY COMPANY, LLC'S THIRD-PARTY PETITION FOR INTERPLEADER filed. (kmm) Electronic Filing Certificate of Service. Filed By: FRANK ANTHONY BRANCATO On Behalf Of: NICKOLE STARK
  41. ntry of Appearance Filed ENTRY OF APPEARANCE AND DESIGNATION OF LEAD COUNSEL filed. (kmm) Electronic Filing Certificate of Service. Filed By: FRANK ANTHONY BRANCATO On Behalf Of: NICKOLE STARK
  42. nswer Filed Third-Party Defendant Shannon Stumpenhaus' Answer and Affirmative Defenses to Defendant PHB Realty Company, LLC's Third-Party Petition for Interpleader filed. (kj) Electronic Filing Certificate of Service. Filed By: FRANK ANTHONY BRANCATO On Behalf Of: SHANNON STUMPENHAUS
  43. ntry of Appearance Filed Entry of Appearance and Designation of Lead Counsel filed. (kj) Electronic Filing Certificate of Service. Filed By: FRANK ANTHONY BRANCATO On Behalf Of: SHANNON STUMPENHAUS
  44. amily Member/Roommate Served Document ID - 21-SMCC-555; Served To - STARK, NICKOLE; Server - ; Served Date - 14-DEC-21; Served Time - 09:31:00; Service Type - Special Process Server; Reason Description - Served; Service Text - TO JD GLOVER, HUSBAND, AT 18050 N PEACH BLOSSOM DR., PLATTE CITY MO BY SPECIAL PROCESS SERVER. (kmm)
  45. amily Member/Roommate Served Document ID - 21-SMCC-556; Served To - STUMPENHAUS, SHANNON; Server - ; Served Date - 04-DEC-21; Served Time - 10:22:00; Service Type - Special Process Server; Reason Description - Served; Service Text - TO CONRAD STUMPENHAUS AT 10505 N HEDGES AVE, KANSAS CITY MO BY SPECIAL PROCESS SERVER. (kmm)
  46. otice of Service DEFENDANT PHB REALTY COMPANY, LLC'S NOTICE OF RETURN OF SERVICE with summons filed as Exhibit A; Exhibit B. (kmm) Electronic Filing Certificate of Service. Filed By: JOHN J GATES On Behalf Of: PBH REALTY COMPANY, LLC
  47. earing Scheduled Associated Entries: 02/04/2022 - Hearing Continued/Rescheduled + Scheduled For: 02/04/2022; 9:00 AM; THOMAS C FINCHAM; Platte
  48. earing Scheduled Associated Entries: 12/03/2021 - Order for Continuance + Associated Entries: 12/03/2021 - Hearing Continued/Rescheduled + Scheduled For: 01/07/2022; 9:00 AM; THOMAS C FINCHAM; Platte
  49. earing Continued/Rescheduled Plaintiff and counsel appear not. Defendants appear by atty John Gates, who requests continuance. Cause continued to 02/04/22 at 9 AM for docket call. (mlc) Associated Entries: 12/06/2021 - Hearing Scheduled Associated Entries: 02/04/2022 - Hearing Continued/Rescheduled + Hearing Continued From: 01/07/2022; 9:00 AM Hearing
  50. rder for Continuance ORDER OF CONTINUANCE filed. Cause continued, by Court, to 01/07/22 at 9 AM for docket call in person. (mlc) Filed By: THOMAS C FINCHAM Associated Entries: 08/17/2021 - Hearing Scheduled Associated Entries: 12/06/2021 - Hearing Scheduled Scheduled For: 12/03/2021; 9:00 AM; THOMAS C FINCHAM; Platte
  51. roposed Order Filed Proposed Order for Continuance forwarded to DIV I for review. (kmm)
  52. otion for Continuance MOTION FOR CONTINUANCE filed. (kmm) Electronic Filing Certificate of Service. Filed By: DANIEL ROBERT ZMIJEWSKI On Behalf Of: MOLLY SIMSHEUSER
  53. ummons Issued-Circuit Document ID: 21-SMCC-556, for STUMPENHAUS, SHANNON issued and forwarded to attorney for proper service by special process server. (kmm)
  54. ummons Issued-Circuit Document ID: 21-SMCC-555, for STARK, NICKOLE issued and forwarded to attorney for proper service by special process server. (kmm)
  55. rder - Special Process Server ORDR FOR APPOINTMENT OF PRIVATE PROCESS SERVER signed and filed. (kmm)
  56. otion Special Process Server DEFENDANT PHB REALTY COMPANY, LLC'S MOTION FOR APPOINTMENT OF PRIVATE PROCESS SERVER filed with proposed Order. (kmm) Electronic Filing Certificate of Service. Filed By: JOHN J GATES On Behalf Of: PBH REALTY COMPANY, LLC
  57. umm Req-Circuit Pers Serv DEFENDANT PHB REALTY COMPANY, LLC'S REQUEST SUMMONSES FOR THIRD-PARTY PETITION filed. (kmm) Electronic Filing Certificate of Service. Filed By: JOHN J GATES
  58. ounterclaim\Petition Filed DEFENDANT PHB REALTY COMPANY, LLC'S COUNTERCLAIM AND THIRD-PARTY PETITION FOR INTERPLEADER filed. (ldb) Filed By: JOHN J GATES On Behalf Of: PBH REALTY COMPANY, LLC
  59. nswer Filed DEFENDANT PHB REALTY COMPANY, LLC'S ANSWER TO FIRST AMENDED PETITION filed. (ldb) Electronic Filing Certificate of Service. Filed By: JOHN J GATES
  60. ummons Withdrawn Document ID - 21-SMCC-379; Served To - PBH REALTY COMPANY, LLC; Server - ; Served Date - 20-SEP-21; Served Time - 00:00:00; Service Type - Other; Reason Description - Recalled/Withdrawn; Service Text - Answer filed
  61. ummons Issued-Circuit Document ID: 21-SMCC-379, for PBH REALTY COMPANY, LLC. issued and HELD pending Entry. (ldb)
  62. ummons Withdrawn Document ID - 21-SMCC-378; Served To - BETTER HOMES AND GARDENS REAL ESTATE LLC; Server - ; Served Date - 18-AUG-21; Served Time - 00:00:00; Service Type - Other; Reason Description - Recalled/Withdrawn
  63. ote to Clerk eFiling Filed By: DANIEL ROBERT ZMIJEWSKI
  64. mended Motion/Petition Filed FIRST AMENDED PETITION filed. (ldb) Filed By: DANIEL ROBERT ZMIJEWSKI On Behalf Of: MOLLY SIMSHEUSER
  65. ummons Issued-Circuit Document ID: 21-SMCC-378, for BETTER HOMES AND GARDENS REAL ESTATE LLC. issued and HELD pending Entry. (ldb)
  66. otice NOTICE OF 90 DAY DOCKET CALL filed. Court date December 3, 2021 at 9:00 a.m. in DIV I. (ldb)
  67. earing Scheduled Associated Entries: 12/03/2021 - Order for Continuance + Scheduled For: 12/03/2021; 9:00 AM; THOMAS C FINCHAM; Platte
  68. iling Info Sheet eFiling Filed By: DANIEL ROBERT ZMIJEWSKI
  69. et Filed in Circuit Ct PETITION filed. (ldb) Filed By: DANIEL ROBERT ZMIJEWSKI On Behalf Of: MOLLY SIMSHEUSER

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