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Case Information

Filed 2021-10-28
Type Ac Refus Breath 302.750/577.04
Docket 50 entries
Disposition tried by court-civil

Parties

Plaintiff Pender, Mark Alan|Gray, Benjamin James
Defendant Director Of Revenue
Photo of Hon. Lovekamp Kelly Laree

Judge

Hon. Lovekamp Kelly Laree

Adair County (MO)

Missouri

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Lawyers

Docket Entries

  1. udge Assigned
  2. ried by Court-Civil
  3. t Confess Judmt/Ord Lic Rein Judgment in Favor of Petitioner; filed. Certified copy mailed to Director of Revenue.
  4. roposed Judmt/Dec Dis Filed Proposed Judgment; Electronic Filing Certificate of Service. Filed By: BENJAMIN JAMES GRAY On Behalf Of: MARK ALAN PENDER
  5. rder Plaintiff's Counsel to provide the Court with a proposed formal order. /s/Kelly L. Lovekamp
  6. rder The Court reviews its file and notes that no other filings have been made. The Court having taken the matter under advisement, now issues its decision. The Court considers the burden of proof in the matter and finds the issues in favor of the Plaintiff and against the Defendant. So Ordered. /s/Kelly L. Lovekamp
  7. earing Held Scheduled For: 11/15/2022; 10:00 AM; KELLY LAREE LOVEKAMP; Scotland
  8. ench Trial Held Associated Entries: 07/21/2022 - Hearing Continued/Rescheduled Associated Entries: 07/21/2022 - Bench Trial Scheduled Scheduled For: 09/20/2022; 11:00 AM; KELLY LAREE LOVEKAMP; Scotland
  9. rder Plaintiff appears by his attorney, Ben Gray Defendant appears by PA Wilson. Bench trial called. Verbal Motion to continue by Defendant denied. Trial is commenced and evidence is adduced. Exhibit A is offered by the Defendant pursuant to Section 302.321. The Court takes Judicial Notice of Scotland County Case number 22SE-CR0003. Objections as to hearsay in said Exhibit made on the record, Argument received and requests to provide legal memorandum is granted. Defendant has 20 days to provide legal memorandum and Plaintiff has 14 days to respond. The Court will hold an internal case review on November 15, 2022 at 10:00 AM. No appearances are required. . /s/Kelly L. Lovekamp.
  10. iling: Exhibit A - Certification of Records filed in the offices of the Missouri Department of Revenue; filed.
  11. ench Trial Scheduled Associated Entries: 09/23/2022 - Bench Trial Held Scheduled For: 09/20/2022; 11:00 AM; KELLY LAREE LOVEKAMP; Scotland
  12. earing Continued/Rescheduled Associated Entries: 05/17/2022 - Bench Trial Scheduled Associated Entries: 09/23/2022 - Bench Trial Held Hearing Continued From: 07/26/2022; 9:30 AM Bench Trial
  13. Case Review Scheduled
  14. rder Plaintiff appears by his attorney, Ben Gray electronically. Defendant appears by PA Wilson. Bench trial Trial setting held on July 26, 2022 is vacated on Court's Motion. Bench Trial is rescheduled for September 20, 2022 at 11:00 AM. /s/Kelly L. Lovekamp.
  15. Order
  16. ench Trial Scheduled Associated Entries: 07/21/2022 - Hearing Continued/Rescheduled Scheduled For: 07/26/2022; 9:30 AM; KELLY LAREE LOVEKAMP; Scotland
  17. earing Held Associated Entries: 04/19/2022 - Trial Setting Scheduled Scheduled For: 05/17/2022; 9:00 AM; KELLY LAREE LOVEKAMP; Scotland
  18. rder Petitioner appears with his attorney, Ben Gray. Defendant appears by PA Wilson. Trial setting held. Cause is set for bench trial on July 26, 2022 at 9:30 AM. /s/Kelly L. Lovekamp'
  19. Summons Issued-Associate
  20. rial Setting Scheduled Associated Entries: 05/17/2022 - Hearing Held Scheduled For: 05/17/2022; 9:00 AM; KELLY LAREE LOVEKAMP; Scotland
  21. rder The Court on its own Motion sets the matter for trial setting on May 17, 2022 at 9:00 AM. /s/Kelly L. Lovekamp
  22. rder Now on this 19th day of April, 2022 the Court assigns the Honorable Judge Kelly Lovekamp as special Judge in this case. So Ordered /s/ Rick Roberts, Judge
  23. earing Held Associated Entries: 03/15/2022 - Hearing Continued/Rescheduled Associated Entries: 03/15/2022 - Hearing Scheduled Scheduled For: 04/19/2022; 9:00 AM; KIMBERLY J NICOLI; Scotland
  24. rder April 19, 2022. Comes now the undersigned Judge and recuses from any participation herein pursuant to the requirements of the Code of Judicial Conduct. Case is referred to the Presiding Circuit Judge for reassignment. /s/Kimberly J. Nicoli
  25. udge Assigned
  26. earing Scheduled Associated Entries: 04/19/2022 - Hearing Held Scheduled For: 04/19/2022; 9:00 AM; KIMBERLY J NICOLI; Scotland
  27. earing Continued/Rescheduled Associated Entries: 02/08/2022 - Hearing Continued/Rescheduled Associated Entries: 02/08/2022 - Hearing Scheduled Associated Entries: 04/19/2022 - Hearing Held Hearing Continued From: 03/15/2022; 10:00 AM Hearing
  28. rder March 15, 2022. Petitioner appears by attorney Benjamin Gray; Respondent appears by PA April S. Wilson. At the request of the Petitioner and without objection from the Respondent, case continued to April 19, 2022 at 9:00 a.m. for Hearing on Petitioner's Petition to Review Revocation of Driver License and Application for Stay filed October 28, 2021. /s/Kimberly J. Nicoli
  29. ubpoena Issued Subpoena attached in PDF form for Attorney to retrieve from Secure Case.net.
  30. ubpoena Requested Subpoena request; Electronic Filing Certificate of Service. Filed By: APRIL S WILSON
  31. earing Scheduled Associated Entries: 03/15/2022 - Hearing Continued/Rescheduled Scheduled For: 03/15/2022; 10:00 AM; KIMBERLY J NICOLI; Scotland
  32. earing Continued/Rescheduled Associated Entries: 12/14/2021 - Hearing Continued/Rescheduled Associated Entries: 12/14/2021 - Case Review Scheduled Associated Entries: 03/15/2022 - Hearing Continued/Rescheduled Hearing Continued From: 02/08/2022; 10:00 AM Case Review
  33. rder February 8, 2022. Petitioner appears by attorney Benjamin Gray; Respondent appears by PA April S. Wilson. At the request of the Petitioner and without objection from the Respondent, case continued to March 15, 2022 at 10:00 a.m. for Hearing on Petitioner's Petition to Review Revocation of Driver License and Application for Stay filed October 28, 2021. /s/Kimberly J. Nicoli
  34. ase Review Scheduled Associated Entries: 02/08/2022 - Hearing Continued/Rescheduled Scheduled For: 02/08/2022; 10:00 AM; KIMBERLY J NICOLI; Scotland
  35. earing Continued/Rescheduled Associated Entries: 10/29/2021 - Hearing Scheduled Associated Entries: 02/08/2022 - Hearing Continued/Rescheduled Hearing Continued From: 12/14/2021; 9:00 AM Hearing
  36. rder December 14, 2021. Petitioner appears in person and by attorney Benjamin Gray; Respondent appears by PA April S. Wilson. At the request of the Petitioner and without objection from the Respondent, case continued to February 8, 2022 at 10:00 a.m. for Case Review. /s/Kimberly J. Nicoli
  37. eturn Service - Other Document ID - 21-ADSM-190; Served To - DIRECTOR OF REVENUE; Server - ; Served Date - 09-NOV-21; Served Time - 00:00:00; Service Type - Mail; Reason Description - Served Associated Entries: 11/17/2021 - Affidavit for Service by Mail +
  38. ffidavit for Service by Mail Acknowledgement of Service by Mail; Electronic Filing Certificate of Service. Filed By: BENJAMIN JAMES GRAY On Behalf Of: MARK ALAN PENDER Associated Entries: 11/18/2021 - Return Service - Other +
  39. ntry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: APRIL S WILSON
  40. ummons Issued-Associate Document ID: 21-ADSM-190, for DIRECTOR OF REVENUE. Summons attached in PDF form for Attorney to retrieve from Secure Case.net. Attorney for Respondent PA Wilson notified via Missouri Courts electronic filing system.
  41. earing Scheduled Associated Entries: 12/14/2021 - Hearing Continued/Rescheduled Scheduled For: 12/14/2021; 9:00 AM; KIMBERLY J NICOLI; Scotland
  42. rder for Stay Stay Order; filed. Certified copy of Stay Order mailed to the Department of Revenue, PO Box 200, Jefferson City, Missouri 65105. Certified copy of Stay Order prepared to be available for Petitioner.
  43. iling Info Sheet eFiling Filed By: BENJAMIN JAMES GRAY
  44. roposed Order Filed Proposed Stay Order. Filed By: BENJAMIN JAMES GRAY On Behalf Of: MARK ALAN PENDER
  45. et Filed in Associate Ct Petition for Review of License Revocation. Filed By: BENJAMIN JAMES GRAY

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