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Photo of Missouri Unified County

Court

Missouri Unified County

Missouri

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Case Information

Filed 2022-02-09
Type Cc Declaratory Judgment
Docket 46 entries
Disposition tried by court-civil

Parties

Plaintiff Duke, Harold|Risch, Nathan John|Duke, Rosalie
Defendant Ball & Claw, Inc|Ledden, Katherine Bumb|Monafo, James F.
Photo of Hon. Sengheiser Jason Mark

Judge

Hon. Sengheiser Jason Mark

St. Louis city (MO)

Missouri

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Lawyers

Docket Entries

  1. udge Assigned
  2. rder of Dismissal IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs Harold Duke and Rosalie Duke and Defendant Ball & Claw, Inc. dba Selkirk Auctioneers and Appraisers dba Selkirk Auctioneers & Appraisers dba Selkirk Auction Galleries dba Selkirk dba Selkrk 1830 dba Selkirk Auctions dba Selkirk's, through their respective counsel and pursuant to Rule 67.02 of the Missouri Rules of Civil Procedure, that the above-captioned action including all claims and counterclaims shall be dismissed with prejudice. Each party to bear its own costs and attorneys' fees. SO ORDERED JUDGE JASON M. SENGHEISER #55132
  4. tipulation Filed Stipulation of Dismissal With Prejudice; Electronic Filing Certificate of Service. Filed By: KATHERINE BUMB LEDDEN On Behalf Of: BALL & CLAW, INC
  6. ther Proposed Document Filed COMMISION TO ISSUE A SUBPOENA OUTSIDE THE STATE OF MISSOURI TO: THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF MARIN WHEREAS: Becket, Colombo, has been identified as a non party fact witness in the above styled cause of action; and WHEREAS, this Court has determined that good cause exists for the deposition of Becket Colombo THEREFORE, we request that, in the interest of justice, you issue an order by your proper and usual process summoning, Becket Colombo, 6 Inman Ave., Kentfield, CA 94904, to appear for a deposition described in the subpoena directed to her in the above-captioned case at a date, time, and location to be determined in accordance with, and pursuant to, the rules and local practice of the Superior Court of California, Marin. JASON SENGHEISER #55132 Judge, Circuit Court of St. Louis City
  8. ther Proposed Document Filed Commission to Issue a Subpoena Outside the State of Missouri; Electronic Filing Certificate of Service. Filed By: KATHERINE BUMB LEDDEN On Behalf Of: BALL & CLAW, INC
  9. pplication Filed Application for a Commission to Issue a Subpoena Outside the State of Missouri; Electronic Filing Certificate of Service. Filed By: KATHERINE BUMB LEDDEN On Behalf Of: BALL & CLAW, INC
  10. ertificate of Service Certificate of Service; Electronic Filing Certificate of Service. Filed By: KATHERINE BUMB LEDDEN On Behalf Of: BALL & CLAW, INC
  12. nswer Filed Defendants Answer to Plaintiffs Petition for Damages and Other Relief; Exhibit A 2021.09.02 Agreement; Electronic Filing Certificate of Service. Filed By: JAMES F. MONAFO On Behalf Of: BALL & CLAW, INC
  14. rder THEREFORE, It is Ordered and Decreed that Defendant's motion to set aside is GRANTED and Plaintiff's motion for civil contempt is DENIED. The default judgment entered October 5, 2022 is hereby SET ASIDE. SO ORDERED JUDGE JASON M. SENGHEISER #55132
  16. rder Cause called on the Plaintiffs' Motion for Contempt and Defendant's Motion to Set Aside Default Judgment. The parties appear by counsel respectively. The Motions ae called, heard and taken under advisement. SO ORDERED: JUDGE JASON M. SENGHEISER
  17. ertificate of Service Return of Service; Electronic Filing Certificate of Service. Filed By: NATHAN JOHN RISCH On Behalf Of: HAROLD DUKE, ROSALIE DUKE
  19. esponse Filed Defendants Memorandum in Opposition to Plaintiffs Motion for Contempt; Electronic Filing Certificate of Service. Filed By: JAMES F. MONAFO On Behalf Of: BALL & CLAW, INC
  21. otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: NATHAN JOHN RISCH On Behalf Of: HAROLD DUKE, ROSALIE DUKE
  22. otice of Hearing Filed Notice Of Hearing; Electronic Filing Certificate of Service. Filed By: JAMES F. MONAFO On Behalf Of: BALL & CLAW, INC
  23. ntry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: KATHERINE BUMB LEDDEN On Behalf Of: BALL & CLAW, INC
  24. otion to Set Aside Filed By: JAMES F. MONAFO On Behalf Of: BALL & CLAW, INC
  25. ntry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: JAMES F. MONAFO
  26. ntry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: ALEXANDRA ELIZABETH SCHNARRE On Behalf Of: BALL & CLAW, INC
  27. ried by Court-Civil
  28. udgment Entered The Court, having reviewed the pleadings and its file, heard and received evidence, and being advised in the premises, is fully informed. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Judgment is hereby entered in favor of Plaintiffs Harold and Rosalie Duke and against Defendant Ball & Claw, in the amount of $459,086.71, plus costs of Court which are taxed to Defendant together with interest at the rate of 9% per anum from the date of entry of this Judgment shall accrue until this Judgment is satisfied. ORDERED FURTHER THAT PLAINTIFF HAVE EXECUTION THEREFOR. SO ORDERED: JUDGE JASON M. SENGHEISER
  29. otice of Hearing Filed Notice of Hearing. Filed By: NATHAN JOHN RISCH On Behalf Of: HAROLD DUKE, ROSALIE DUKE
  30. otion for Civil Contempt Plaintiffs Motion to Hold Defendant Ball Claw, Inc., et al. in Civil Contempt for Violation of Temporary Restraining Order and to Show Cause. Filed By: NATHAN JOHN RISCH On Behalf Of: HAROLD DUKE, ROSALIE DUKE
  31. otion for Default Judgment Plaintiffs Motion for Default Judgment. Filed By: NATHAN JOHN RISCH
  32. orporation Served Document ID - 22-SMCC-644; Served To - BALL & CLAW, INC; Server - L WEBBE, SERVICE DEPUTY; Served Date - 03-MAR-22; Served Time - 12:17:00; Service Type - Sheriff Department; Reason Description - Served; Service Text - BRYAN LAUCHLIN/EXEC DIRECTOR
  33. ond Refunded $500.00 refunded from Bond ID 22STBND5 for Receipt 22ST2872716
  34. ond-Cash Bond Posted Full Amt Bond Amount Posted: $500.00 Bond Payment Type: Check Bond Bond ID: 22STBND5 Filed By: BALL & CLAW, INC
  35. rder to Pay Out ORDERED, ADJUDGED AND DECREED that the Court's February 9, 2022 Temporary Restraining order is hereby made permanent. The said Defendants is hereby permanently barred and enjoined from selling or otherwise transferring any of the personal property at issue in this suit including but not limited to those pieces listed for auction on February 10, 2022. IT IS FURTHER ORDERED, ADJUDGED AND DECREED THAT the Clerk of the Circuit Court is hereby authorized and directed to pay out of the Court''s registery the bond of $500.00 to Harold Duke. (SEE ORDER FOR DETAILS). SO ORDERED: JUDGE JASON M. SENGHEISER
  36. earing Held Associated Entries: 02/10/2022 - Hearing Continued/Rescheduled Associated Entries: 02/10/2022 - Show Cause Hearing Scheduled Scheduled For: 02/22/2022; 11:00 AM; JASON MARK SENGHEISER; Carnahan Courthouse
  37. how Cause Hearing Scheduled Associated Entries: 02/22/2022 - Hearing Held Scheduled For: 02/22/2022; 11:00 AM; JASON MARK SENGHEISER; Carnahan Courthouse
  38. earing Continued/Rescheduled Associated Entries: 02/09/2022 - Show Cause Hearing Scheduled Associated Entries: 02/22/2022 - Hearing Held Hearing Continued From: 02/16/2022; 10:00 AM Show Cause Hearing
  39. rder for Continuance The Court is unavailable for the show cause hearing on February 16, 2022. Thus, the show cause hearing is hereby re-scheduled for February 22, 2022 at 11:00 a.m. in Division 18. SO ORDERED: JUDGE JASON SENGHEISER
  40. how Cause Hearing Scheduled Associated Entries: 02/10/2022 - Hearing Continued/Rescheduled Scheduled For: 02/16/2022; 10:00 AM; JASON MARK SENGHEISER; Carnahan Courthouse
  41. ot for Temp Restraining Order Plaintiffs Verified Motion for Temporary Restraining Order and Application for Preliminary Injunction. Filed By: NATHAN JOHN RISCH On Behalf Of: HAROLD DUKE, ROSALIE DUKE
  42. emporary Restraining Order NOW THEREFORE IT IS ORDERED, ADJUDGED AND DECREED that Plaintiffs Harlod and Rosalie Duke's Motion for Temporary Restraining Order is hereby GRANTED and Defendant is hereby barred from selling or otherwise transferring any of the personal property at issue in this suit including but not limited to those pieces listed for auction on February 10, 2022. IT IS FURTHER ORDERED THAT the Bond of $500.00 filed by Plaintiff Harold Duke in cause number 2122-CC09538 shall be transferred to this matter and serve as Bond for the entry of this Order. IT IS FURTHER ORDERED that the above named Defendant shall show cause on 2/16/22 at 10am, or as soon thereafter as may be heard before the Honorable Jason Sengheiser, Div. 18 of the Circuit Court of St. Louis, Missouri why an Order should not be entered permanently enjoining Defendant in the matter aforesaid. IT IS FURTHER ORDERED that this Temporary Restraining Order shall remain in full force and effect until such time that a decision is reached on saidshow cause Order or until further Order of this Court. So Ordered: Michael Stelzer, Presiding Judge
  43. ummons Issued-Circuit Document ID: 22-SMCC-644, for BALL & CLAW, INC.
  44. onfid Filing Info Sheet Filed Filed By: NATHAN JOHN RISCH
  45. ote to Clerk eFiling Filed By: NATHAN JOHN RISCH
  46. et Filed in Circuit Ct Petition for Damages and Other Relief. Filed By: NATHAN JOHN RISCH On Behalf Of: HAROLD DUKE, ROSALIE DUKE

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