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Case Information

Filed 2021-10-13
Type Cc Other Tort
Docket 106 entries
Disposition dismissed

Parties

Plaintiff Enowski, Eugene|Campbell, John Harl|Mcdorman, Michael L
Defendant Glass, Harold|Upp, Ben K|Millington, Glass & Love|Upp, Ben K|Patton, Michael James|Upp, Jeffrey Dylan
Photo of Hon. Koeppen Aaron Gabrial

Judge

Hon. Koeppen Aaron Gabrial

Camden County (MO)

Missouri

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Docket Entries

  1. et Filed in Circuit Ct Petition; Confidential Information Sheet. Filed By: JOHN HARL CAMPBELL On Behalf Of: EUGENE ENWOSKI
  2. ismissed by Parties
  3. rder of Dismissal Judgment and Order of Dismissal
  4. earing/Trial Cancelled Associated Entries: 04/20/2023 - Jury Trial Scheduled Scheduled For: 10/02/2023; 9:00 AM; AARON GABRIAL KOEPPEN; 2; Miller
  5. earing/Trial Cancelled Associated Entries: 04/20/2023 - Pre-trial Conference Scheduled Scheduled For: 08/30/2023; 9:00 AM; AARON GABRIAL KOEPPEN; 2; Miller
  6. oluntary Dismissal Filed Voluntary Dismissal With Prejudice; Electronic Filing Certificate of Service. Filed By: MICHAEL L MCDORMAN On Behalf Of: EUGENE ENOWSKI
  7. ert Serv Answers Interrog Fil COS for Defendants Answers to Plaintiffs 5th INT; Electronic Filing Certificate of Service. Filed By: BEN K UPP On Behalf Of: HAROLD GLASS, MILLINGTON, GLASS & LOVE
  8. otion Denied Defendant's Motion for Summary Judgment and Plaintiff's Motion for More Definite Statement are denied. So ordered. AGK Filed By: AARON GABRIAL KOEPPEN Associated Entries: 02/15/2023 - Motion for Summary Judgment + Associated Entries: 02/25/2023 - Motion Filed +
  9. iling: Certificate of Deposition
  10. ury Trial Scheduled Associated Entries: 08/01/2023 - Hearing/Trial Cancelled Scheduled For: 10/02/2023; 9:00 AM; AARON GABRIAL KOEPPEN; 2; Miller
  11. re-trial Conference Scheduled Associated Entries: 08/01/2023 - Hearing/Trial Cancelled Scheduled For: 08/30/2023; 9:00 AM; AARON GABRIAL KOEPPEN; 2; Miller
  12. earing/Trial Cancelled Scheduled For: 05/05/2023; 9:00 AM; AARON GABRIAL KOEPPEN; 2; Miller
  13. earing/Trial Cancelled Scheduled For: 05/04/2023; 9:00 AM; AARON GABRIAL KOEPPEN; 2; Miller
  14. earing/Trial Cancelled Scheduled For: 05/03/2023; 9:00 AM; AARON GABRIAL KOEPPEN; 2; Miller
  15. earing/Trial Cancelled Scheduled For: 05/02/2023; 9:00 AM; AARON GABRIAL KOEPPEN; 2; Miller
  16. earing/Trial Cancelled Associated Entries: 09/14/2022 - Jury Trial Scheduled Scheduled For: 05/01/2023; 9:00 AM; AARON GABRIAL KOEPPEN; 2; Miller
  17. earing/Trial Cancelled Associated Entries: 09/19/2022 - Pre-trial Conference Scheduled Scheduled For: 04/26/2023; 9:00 AM; AARON GABRIAL KOEPPEN; Miller
  18. ause Taken Under Advisement
  19. earing Held CASE CALLED. ATTORNEY MCDORMAN APPEARS IN PERSON FOR PETITIONER. ATTORNEY UPP APPEARS IN PERSON FOR RESPONDENT. JURY TRIAL SET 5/1/2023 STRICKEN. MATTER RESET FOR 4 DAY JURY 10/2/2023 AS BACKUP TO CRIMINAL JURY WEEK. PTC SET 8/30/2023. MOTION TO STRIKE EXPERT WITNESS GRANTED. ORAL MOTION FOR ADDITIONAL 60 DAYS TO DISCLOSE EXPERT WITNESS GRANTED. ARGUMENTS HEARD ON MOTION FOR SUMMARY AND MOTION FOR MORE DEFINITE AND SAME ARE TAKEN UNDER ADVISEMENT. AGK/tm Associated Entries: 03/16/2023 - Hearing Scheduled Scheduled For: 04/20/2023; 9:00 AM; AARON GABRIAL KOEPPEN; Camden
  20. ther Proposed Document Filed Proposed Jury Instructions; Instruction No. 1; Instruction No. 2; Instruction No. 3; Instruction No. 4; Instruction No. 5; Instruction No. 6; Instruction No. 7; Instruction No. 8; Verdict; Electronic Filing Certificate of Service. Filed By: JOHN HARL CAMPBELL On Behalf Of: EUGENE ENOWSKI
  21. otice Notice of Deposition of David Wieland; Electronic Filing Certificate of Service. Filed By: JOHN HARL CAMPBELL On Behalf Of: EUGENE ENOWSKI
  22. esponse Filed Defendants Response to Plaintiffs Statements of Additional Material Facts; Exhibit 11 - Resignation of Trustee; Electronic Filing Certificate of Service. Filed By: BEN K UPP On Behalf Of: HAROLD GLASS
  23. eply Defendants Reply to Plaintiffs Response to Defendants Statement of Uncontroverted Material Facts; Electronic Filing Certificate of Service. Filed By: BEN K UPP On Behalf Of: MILLINGTON, GLASS & LOVE
  24. eply Defendants Reply to Plaintiffs Memorandum in Opposition to Defendants Motion for Summary Judgment; Electronic Filing Certificate of Service. Filed By: BEN K UPP
  25. otice of Hearing Filed Defendants Notice of Hearing; Electronic Filing Certificate of Service. Filed By: BEN K UPP On Behalf Of: HAROLD GLASS, MILLINGTON, GLASS & LOVE
  26. otion to Strike Defendants Motion to Strike Plaintiffs Expert; Electronic Filing Certificate of Service. Filed By: BEN K UPP
  27. otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: JOHN HARL CAMPBELL On Behalf Of: EUGENE ENOWSKI
  28. otice to Take Deposition Notice to Take Deposition of Duane E. Schreimann; Electronic Filing Certificate of Service. Filed By: BEN K UPP On Behalf Of: HAROLD GLASS, MILLINGTON, GLASS & LOVE
  29. uggestions Filed Memorandum in Opposition to Motion for Summary Judgment; Electronic Filing Certificate of Service. Filed By: JOHN HARL CAMPBELL On Behalf Of: EUGENE ENOWSKI
  30. eply Plaintiffs Response to Defendants Statement of Material Facts; PxA Enowski Affidavit; PxB Bledsoe Affidavit; PxC Glass deposition excerpts; Electronic Filing Certificate of Service. Filed By: JOHN HARL CAMPBELL On Behalf Of: EUGENE ENOWSKI
  31. earing Scheduled Associated Entries: 04/20/2023 - Hearing Held + Scheduled For: 04/20/2023; 9:00 AM; AARON GABRIAL KOEPPEN; Camden
  32. rder Stipulation and Order
  33. roposed Order Filed Stipulation and Proposed Order; Electronic Filing Certificate of Service. Filed By: MICHAEL L MCDORMAN On Behalf Of: EUGENE ENOWSKI
  34. ert Serv Answers Interrog Fil Defendants Certificate of Service Supp Ans to Pltfs 1st INT; Electronic Filing Certificate of Service. Filed By: BEN K UPP On Behalf Of: HAROLD GLASS, MILLINGTON, GLASS & LOVE
  35. otion Filed Motion for More Definite Statement; Electronic Filing Certificate of Service. Filed By: JOHN HARL CAMPBELL On Behalf Of: EUGENE ENOWSKI Associated Entries: 05/01/2023 - Motion Denied +
  36. emo of Law in Suppt of Filed Legal Memorandum in Support of Defendants Motion for Summary Judgment; Electronic Filing Certificate of Service. Filed By: BEN K UPP On Behalf Of: HAROLD GLASS, MILLINGTON, GLASS & LOVE
  37. tmnt Uncon/Mater Facts Filed Defendants Statement of Uncontroverted Material Facts; Exhibit 1 - Plaintiffs First Amended Petition; Exhibit 2 - Transaction Documents; Exhibit 3 - Enowski Depo Excerpts; Exhibit 4 - Enowski Trial Testimony Exceprts; Exhibit 5 - Findings of Fact and Conclusions of Law; Exhibit 6 - Meadowfresh III Opinion; Exhibit 7 - Bounous Trial Testimony Excerpts; Exhibit 8 - Defendants Second Amended Answer; Exhibit 9 - Arvest Assignment of Note to AACL; Exhibit 10 - Collateral Assignment of Arvest Loan to Enowski; Electronic Filing Certificate of Service. Filed By: BEN K UPP
  38. otion for Summary Judgment Defendants Motion for Summary Judgment; Electronic Filing Certificate of Service. Filed By: BEN K UPP Associated Entries: 05/01/2023 - Motion Denied +
  39. otion Hearing Held Case called. Attorney McDorman appears on behalf of Plaintiff by Webex. Attorney Upp appears on behalf of Defendant by Webex. Argument heard. Court grantes motion to file Second Amended Answer to Plaintiffs First Amended Petition over objection of Plaintiff's attorney McDorman. Plaintiff granted 30 days to respond. Cause to proceed to trial. AGK/sc Associated Entries: 01/25/2023 - Motion Hearing Scheduled Scheduled For: 02/07/2023; 9:00 AM; AARON GABRIAL KOEPPEN; Miller
  40. otice to Take Deposition Notice to Take Deposition of Eugene Enowski; Electronic Filing Certificate of Service. Filed By: BEN K UPP On Behalf Of: HAROLD GLASS, MILLINGTON, GLASS & LOVE
  41. otion Hearing Scheduled Associated Entries: 02/07/2023 - Motion Hearing Held + Scheduled For: 02/07/2023; 9:00 AM; AARON GABRIAL KOEPPEN; Miller
  42. ote to Clerk eFiling Filed By: BEN K UPP
  43. otice to Take Deposition Notice to Take Deposition of Eugene Enowski; Electronic Filing Certificate of Service. Filed By: BEN K UPP On Behalf Of: HAROLD GLASS, MILLINGTON, GLASS & LOVE
  44. mended Notice of Hrng Filed Defendants Amended Notice of Hearing; Electronic Filing Certificate of Service. Filed By: BEN K UPP
  45. udge/Clerk - Note Case called. Motion passed generally. Attorney will re notice the motion hearing by Webex the week of February 6, 2023. AGK/sc Associated Entries: 12/29/2022 - Motion Hearing Scheduled Scheduled For: 01/25/2023; 9:00 AM; AARON GABRIAL KOEPPEN; Miller
  46. iling: Certificate of Deposition
  47. otion Hearing Scheduled Associated Entries: 01/25/2023 - Judge/Clerk - Note + Scheduled For: 01/25/2023; 9:00 AM; AARON GABRIAL KOEPPEN; Miller
  48. otice of Hearing Filed Defendants Notice of Hearing; Electronic Filing Certificate of Service. Filed By: BEN K UPP On Behalf Of: HAROLD GLASS, MILLINGTON, GLASS & LOVE
  49. otion for Leave Defendants Motion for Leave to File Second Amended Answer to Plaintiffs First Amended Petition; Exhibit A - Second Amended Answer; Electronic Filing Certificate of Service. Filed By: BEN K UPP
  50. ntry of Appearance Filed Entry of Appearance of Jeffrey D. Upp; Electronic Filing Certificate of Service. Filed By: JEFFREY DYLAN UPP On Behalf Of: HAROLD GLASS, MILLINGTON, GLASS & LOVE
  51. otice Notice of Entry
  52. udge/Clerk - Note This case is placed on the dismissal docket on 11-3-2022 pursuant to local court rule 37.1. The Court being advised in the premises that this case is set for trial May 1-2023 finds good cause to remove this case from the dismissal docket. So Ordered. Notice of Entry mailed to attorneys.
  53. otice to Take Deposition Second Amended Notice of Deposition; Electronic Filing Certificate of Service. Filed By: JOHN HARL CAMPBELL On Behalf Of: EUGENE ENOWSKI
  54. ert Serv of Interrog Filed Certificate of Service of Plaintiffs 4th Interrogatories; Electronic Filing Certificate of Service. Filed By: JOHN HARL CAMPBELL On Behalf Of: EUGENE ENOWSKI
  55. mended Answer Filed First Amended Answer of Defendants to Plaintiffs First Amended Petition; Electronic Filing Certificate of Service. Filed By: BEN K UPP On Behalf Of: HAROLD GLASS, MILLINGTON, GLASS & LOVE
  56. otice to Take Deposition Amended Notice of Glass Deposition; Electronic Filing Certificate of Service. Filed By: JOHN HARL CAMPBELL On Behalf Of: EUGENE ENOWSKI
  57. re-trial Conference Scheduled Associated Entries: 04/20/2023 - Hearing/Trial Cancelled Scheduled For: 04/26/2023; 9:00 AM; AARON GABRIAL KOEPPEN; Miller
  58. udge Assigned
  59. ury Trial Scheduled Associated Entries: 04/20/2023 - Hearing/Trial Cancelled Scheduled For: 05/01/2023; 9:00 AM; AARON GABRIAL KOEPPEN; 2; Miller
  60. rial Setting Held Case called. Plaintiff appears by Attorney McDorman. Defendant appears by Attorney Upp. Civil Jury Trial Case Management Order filed. Cause set for 5/1/23 through 5/5/23 for 4 day jury trial #2 setting. Pre-trial conference set for 4-26-23 at 9:00 a.m. KMH/sm Associated Entries: 09/07/2022 - Trial Setting Scheduled Scheduled For: 09/14/2022; 9:00 AM; KENNETH MICHAEL HAYDEN; Miller
  61. ase Management Ordered Civil Jury Trial Case Management Order
  62. otion to Shorten Time Plaintiffs Motion to Shorten Time to Respond to Plaintiffs 3rd Request for Production; Plaintiffs Third Request for Production; Defendants Response to Plaintiffs First Request for Production; Electronic Filing Certificate of Service. Filed By: JOHN HARL CAMPBELL On Behalf Of: EUGENE ENOWSKI
  63. ert Serv of Prod of Docs, etc Certificate of Service of Plaintiffs 3rd Request for Production; Electronic Filing Certificate of Service. Filed By: JOHN HARL CAMPBELL On Behalf Of: EUGENE ENOWSKI
  64. rial Setting Scheduled Associated Entries: 09/14/2022 - Trial Setting Held + Scheduled For: 09/14/2022; 9:00 AM; KENNETH MICHAEL HAYDEN; Miller
  65. equest for Notc of Hrg Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: MICHAEL L MCDORMAN On Behalf Of: EUGENE ENOWSKI
  66. otion for Trial Setting Motion for Trial Setting; Electronic Filing Certificate of Service. Filed By: MICHAEL L MCDORMAN
  67. ntry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: MICHAEL L MCDORMAN On Behalf Of: EUGENE ENOWSKI
  68. otice to Take Deposition Notice of Deposition; Electronic Filing Certificate of Service. Filed By: JOHN HARL CAMPBELL On Behalf Of: EUGENE ENOWSKI
  69. ert Serv Answers Interrog Fil Defendants Certificate of Service Ans to 3rd INT; Electronic Filing Certificate of Service. Filed By: BEN K UPP On Behalf Of: HAROLD GLASS, MILLINGTON, GLASS & LOVE
  70. ert Serv Answers Interrog Fil Certificate of Service of Plainitffs Answers to Defendants First Interrogatories; Electronic Filing Certificate of Service. Filed By: JOHN HARL CAMPBELL On Behalf Of: EUGENE ENOWSKI
  71. nswer Filed Answer of Defendants to First Amended Petition; Electronic Filing Certificate of Service. Filed By: BEN K UPP On Behalf Of: HAROLD GLASS, MILLINGTON, GLASS & LOVE
  72. ert Serv of Interrog Filed Certificate of Service of Third Interrogatories to Defendants; Electronic Filing Certificate of Service. Filed By: JOHN HARL CAMPBELL On Behalf Of: EUGENE ENOWSKI
  73. otion for Leave Motion for Leave to File First Amended Petition; First Amended Petition; Electronic Filing Certificate of Service. Filed By: JOHN HARL CAMPBELL On Behalf Of: EUGENE ENOWSKI
  74. ert Serv of Interrog Filed Certificate of Service of Plaintiffs Second Request for Production and Second Request for Production; Electronic Filing Certificate of Service. Filed By: JOHN HARL CAMPBELL On Behalf Of: EUGENE ENOWSKI
  75. ert Serv of Interrog Filed Certificate of Service; Electronic Filing Certificate of Service. Filed By: JOHN HARL CAMPBELL On Behalf Of: EUGENE ENOWSKI
  76. ert Serv Resp Req Prod Doc Th Certificate of Service of Plaintiffs Response to Defendants First Request for Production; Electronic Filing Certificate of Service. Filed By: JOHN HARL CAMPBELL On Behalf Of: EUGENE ENOWSKI
  77. ert Serv Req Prod Docs Things Defendants Certificate of Service 1st RFP to Pltf; Electronic Filing Certificate of Service. Filed By: BEN K UPP On Behalf Of: HAROLD GLASS, MILLINGTON, GLASS & LOVE
  78. ert Serv of Interrog Filed Defendants Certificate of Service 1st INT to Pltf; Electronic Filing Certificate of Service. Filed By: BEN K UPP
  79. ert Serv Resp Req Prod Doc Th Defendants Certificate of Service Resp and Obj to 1st RFP; Electronic Filing Certificate of Service. Filed By: BEN K UPP On Behalf Of: HAROLD GLASS, MILLINGTON, GLASS & LOVE
  80. ert Serv Answers Interrog Fil Defendants Certificate of Service Ans and Obj to 1st INT; Electronic Filing Certificate of Service. Filed By: BEN K UPP
  81. ert Serv of Interrog Filed Certificate of Service of Plaintiffs First Interrogatories and First Request for Production; Electronic Filing Certificate of Service. Filed By: JOHN HARL CAMPBELL On Behalf Of: EUGENE ENOWSKI
  82. ntry of Appearance Filed Entry of Appearance of Michael J. Patton; Electronic Filing Certificate of Service. Filed By: MICHAEL JAMES PATTON On Behalf Of: HAROLD GLASS, MILLINGTON, GLASS & LOVE
  83. nswer Filed Filed By: BEN K UPP On Behalf Of: HAROLD GLASS, MILLINGTON, GLASS & LOVE
  84. ntry of Appearance Filed Entry of Appearance of Ben K. Upp; Electronic Filing Certificate of Service. Filed By: BEN K UPP
  85. onfid Filing Info Sheet Filed Amended Confidential Information Sheet. Filed By: JOHN HARL CAMPBELL On Behalf Of: EUGENE ENWOSKI
  86. udge/Clerk - Note Attorney for Plaintiff called and indicated Plaintiff's last name is spelled wrong. An amended confidential filing sheet will be filed and Plaintiff's name will be corrected.
  87. gent Served Document ID - 21-SMCC-1333; Served To - MILLINGTON, GLASS & LOVE; Server - GREENE COUNTY SHERIFF'S DEPT; Served Date - 14-OCT-21; Served Time - 00:00:00; Service Type - Sheriff Department; Reason Description - Served
  88. ummons Personally Served Document ID - 21-SMCC-1332; Served To - GLASS, HAROLD; Server - GREENE COUNTY SHERIFF'S DEPT; Served Date - 14-OCT-21; Served Time - 00:00:00; Service Type - Sheriff Department; Reason Description - Served
  89. ummons Issued-Circuit Document ID: 21-SMCC-1333, for MILLINGTON, GLASS & LOVE.
  90. ummons Issued-Circuit Document ID: 21-SMCC-1332, for GLASS, HAROLD.
  91. onfid Filing Info Sheet Filed Filed By: JOHN HARL CAMPBELL
  92. iling Info Sheet eFiling Filed By: JOHN HARL CAMPBELL

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