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Photo of Missouri Unified County

Court

Missouri Unified County

Missouri

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Case Information

Filed 2022-06-02
Type Cc Other Real Estate Actions
Docket 117 entries
Disposition dismiss

Parties

Plaintiff Lafayette Wholesale, Llc|Risch, Nathan John
Defendant Moore, Michael|Moore, Brittani|Sun West Mortgage Company, Inc.|Burge, Brian L
Photo of Hon. Moriarty Joan L

Judge

Hon. Moriarty Joan L

St. Louis city (MO)

Missouri

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Lawyers

Docket Entries

  2. earing/Trial Cancelled Associated Entries: 06/04/2025 - Counsel Status Hrng Scheduled Scheduled For: 09/02/2025; 9:30 AM; JOAN L MORIARTY; Carnahan Courthouse
  3. ismiss by Ct w/o Prejudice
  5. rder of Dismissal ORDER OF DISMISSAL WITHOUT PREJUDICE On this 7th day of July 2025, the court called for hearing, after proper notice of same having been given, the Motions to Dismiss of defendants: Sun West, Wilmington Savings Fund Society, FSB, as Trustee of Stanwich Mortgage Loan Trust M, C/O Carrington Mortgage Services, LLC ("Wilmington"), Michael and Brittani Moore. (Defendants) The court, after hearing the arguments of all counsel in attendance and taken judicial notice of the contents of the court's file, makes the following findings and rulings. On April 23rd 2025, the Court ordered Granted Defendant Sun West's Motion to Compel Plaintiff Lafayette Wholesale LLC d/b/a Lafayette Construction to answer the Interrogatories and Requests for Production. The Plaintiff has failed to respond to the discovery or seek relief from the Courts April 23rd 2025, Order. As part of its Motion to Dismiss Defendant Sun West seeks dismissal of the plaintiff's petition for the above-mentioned disregard of its Order. Under Missouri Rule of Civil Procedure rule 61.01(b)(1) this court finds Defendant Sun West's Motion is Granted and orders that the Plaintiff's petition is DISMISSED WITHOUT PREJUDICE. All costs to be taxed against Plaintiff. The Court further finds that on April 23rd 2025, the Court Granted the Motion to Withdraw of its counsel Trent k. Bond. All Defendants have moved to dismiss the Plaintiff Petition based upon Mo. Rev. Sat. 484.2020. The Court having taken Judicial of the contents of its Courts file and found no entries of an attorney appearance for Plaintiff, Lafayette Wholesale LLC d/b/a Lafayette Construction. The Court finds plaintiff is forbidden from representing itself in this matter and that doing so constitutes the unlicensed practice of law in violation of RSMo. Section 484.020.1. Accordingly, Plaintiff's failure to locate and retain counsel this matter cannot proceed. The Court further finds that Plaintiff has been given due notice and time to locate other counsel. This matter has been pending since June 2. 2022, and is based on allegation that are over 5 years old. Therefore, it is Ordered that Plaintiff's Petition is hereby DISMISSED WITHOUT PREJUDICE. All costs to be taxed against Plaintiff. Moore Defendants to submit order for release of applicable Mechanics lien. SO ORDERED: Judge Joan L. Moriarty #33057
  6. elease Filed ORDER-RELEASE OF JMECHANIC'S LIEN; Electronic Filing Certificate of Service. Filed By: DAVID BENDER On Behalf Of: MICHAEL MOORE, BRITTANI MOORE, SUN WEST MORTGAGE COMPANY, INC.
  7. otion Hearing Held Associated Entries: 06/17/2025 - Motion Hearing Scheduled + Scheduled For: 07/07/2025; 9:30 AM; JOAN L MORIARTY; Carnahan Courthouse
  9. otion Hearing Scheduled Motions to Dismiss Associated Entries: 07/07/2025 - Motion Hearing Held Scheduled For: 07/07/2025; 9:30 AM; JOAN L MORIARTY; Carnahan Courthouse
  11. ounsel Status Hrng Scheduled Associated Entries: 07/09/2025 - Hearing/Trial Cancelled Scheduled For: 09/02/2025; 9:30 AM; JOAN L MORIARTY; Carnahan Courthouse
  12. ounsel Status Hearing Held Cause set on September 2, 2025, at 9:30am for Status hearing. SO ORDERED: Judge Joan L. Moriarty #33057 Associated Entries: 02/10/2025 - Counsel Status Hrng Scheduled Associated Entries: 02/10/2025 - Hearing Continued/Rescheduled + Scheduled For: 06/02/2025; 9:30 AM; JOAN L MORIARTY; Carnahan Courthouse
  14. mended Notice of Hrng Filed Amended Notice of Hearing; Electronic Filing Certificate of Service. Filed By: RICHARD EDWARD HANSON On Behalf Of: SUN WEST MORTGAGE COMPANY, INC.
  15. mended Notice of Hrng Filed Amended Notice of Hearing; Electronic Filing Certificate of Service. Filed By: STEVEN DAVID HALL On Behalf Of: WILMINGTON SAVINGS FUND SOCIETY FSB
  17. mended Notice of Hrng Filed First Amended Notice of Hearing; Electronic Filing Certificate of Service. Filed By: DAVID BENDER On Behalf Of: MICHAEL MOORE, BRITTANI MOORE, SUN WEST MORTGAGE COMPANY, INC.
  19. otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: RICHARD EDWARD HANSON On Behalf Of: SUN WEST MORTGAGE COMPANY, INC.
  20. otion to Dismiss Defendants Sun West Mortgage Company, Inc.s Motion to Dismiss; Electronic Filing Certificate of Service. Filed By: RICHARD EDWARD HANSON On Behalf Of: SUN WEST MORTGAGE COMPANY, INC.
  22. otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: STEVEN DAVID HALL On Behalf Of: WILMINGTON SAVINGS FUND SOCIETY FSB
  23. otion to Dismiss Motion to Dismiss; Electronic Filing Certificate of Service. Filed By: STEVEN DAVID HALL On Behalf Of: WILMINGTON SAVINGS FUND SOCIETY FSB
  25. otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: DAVID BENDER On Behalf Of: MICHAEL MOORE, BRITTANI MOORE, SUN WEST MORTGAGE COMPANY, INC.
  26. otion to Dismiss Defendants Michael and Brittani Moores Motion to Dismiss; Electronic Filing Certificate of Service. Filed By: DAVID BENDER On Behalf Of: MICHAEL MOORE, BRITTANI MOORE, SUN WEST MORTGAGE COMPANY, INC.
  28. rder Cause called for hearing on Trenton K Bonds Motion to Withdraw and Sun West Mortgage's Motion to Cpmpel. Mr. Bond's Motion to withdraw is Granted and he and his law firm Heim Schneider & Bond P.C. are hereby withdrawn from their representation in this casse. Further, Sun West Mortgage's Motion to Compel is granted and Lafayette Wholesale, LLC is hereby ordered to provide its answers and responses to Sun West Mortgage: First set of Interrogatories and First Request for Production of Documents. Mr. Bond to mail a copy of this order to Lafayette Wholesale, LLC at: Lafayette Wholesale, LLC. Attn. Ree Winston, 3002 S. Jefferson Ave., St. Louis, Mo 63118 SO ORDERED: Judge Joan L. Moriarty #33057
  30. otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: RICHARD EDWARD HANSON On Behalf Of: SUN WEST MORTGAGE COMPANY, INC.
  31. otion to Compel Defendant Sun West Mortgage Company, Inc. Motion to Compel Discovery Responses from Plaintiff; Exhibit A; Electronic Filing Certificate of Service. Filed By: RICHARD EDWARD HANSON On Behalf Of: SUN WEST MORTGAGE COMPANY, INC.
  33. otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: TRENTON KIRKWOOD BOND
  34. otion of Withdrawl of Counsel Motion for Leave to Withdraw; Electronic Filing Certificate of Service. Filed By: TRENTON KIRKWOOD BOND
  36. ntry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: DAVID WILLIAM MORIN
  38. ert Serv of Interrog Filed Certificate of Service; Electronic Filing Certificate of Service. Filed By: DAVID BENDER On Behalf Of: MICHAEL MOORE, BRITTANI MOORE
  40. ounsel Status Hrng Scheduled Associated Entries: 06/04/2025 - Counsel Status Hearing Held + Scheduled For: 06/02/2025; 9:30 AM; JOAN L MORIARTY; Carnahan Courthouse
  41. earing Continued/Rescheduled Cause set on 6/2/25, at 9:30 am for Status Hearing. Complete discovery + depositions by next Court date. next ct date trial date to be selected SO ORDERED: Judge Joan L. Moriarty #33057 Associated Entries: 01/27/2025 - Counsel Status Hrng Scheduled + Associated Entries: 06/04/2025 - Counsel Status Hearing Held + Hearing Continued From: 02/10/2025; 10:00 AM Counsel Status Hearing
  43. ounsel Status Hrng Scheduled This cause is hereby set for a status hearing on Monday, February 10, 2025, at 10:00 am. SO ORDERED: Judge Joan L. Moriarty #33057 Associated Entries: 02/10/2025 - Hearing Continued/Rescheduled + Scheduled For: 02/10/2025; 10:00 AM; JOAN L MORIARTY; Carnahan Courthouse
  45. ertificate of Service Certificate of Service; Electronic Filing Certificate of Service. Filed By: DAVID BENDER On Behalf Of: MICHAEL MOORE, BRITTANI MOORE, SUN WEST MORTGAGE COMPANY, INC.
  47. ithdrawal of Attorney Filed MOTION TO WITHDRAW; Electronic Filing Certificate of Service. Filed By: REBECCA LYNNE JAMES On Behalf Of: WILMINGTON SAVINGS FUND SOCIETY FSB
  49. ert Serv Req Prod Docs Things Certificate of Service; Electronic Filing Certificate of Service. Filed By: TRENTON KIRKWOOD BOND On Behalf Of: LAFAYETTE WHOLESALE, LLC
  51. otion of Withdrawl of Counsel Motion to Withdraw; Electronic Filing Certificate of Service. Filed By: AMANDA ANN WALKER
  53. otice of Hearing Filed Notice of Cancellation of Hearing; Electronic Filing Certificate of Service. Filed By: TRENTON KIRKWOOD BOND On Behalf Of: LAFAYETTE WHOLESALE, LLC
  54. earing/Trial Cancelled Associated Entries: 10/01/2024 - Hearing Scheduled Scheduled For: 10/16/2024; 11:00 AM; JASON MARK SENGHEISER; Carnahan Courthouse
  55. earing/Trial Cancelled Associated Entries: 10/16/2024 - Hearing Scheduled Scheduled For: 10/28/2024; 9:00 AM; JASON MARK SENGHEISER; Carnahan Courthouse
  56. earing Scheduled Associated Entries: 10/22/2024 - Hearing/Trial Cancelled Scheduled For: 10/28/2024; 9:00 AM; JASON MARK SENGHEISER; Carnahan Courthouse
  57. otice of Hearing Filed Second Amended Notice of Hearing; Electronic Filing Certificate of Service. Filed By: TRENTON KIRKWOOD BOND
  58. ntry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: AMANDA ANN WALKER On Behalf Of: WILMINGTON SAVINGS FUND SOCIETY FSB
  59. earing Scheduled Associated Entries: 10/22/2024 - Hearing/Trial Cancelled Scheduled For: 10/16/2024; 11:00 AM; JASON MARK SENGHEISER; Carnahan Courthouse
  60. mended Notice of Hrng Filed Amended Notice of Hearing; Electronic Filing Certificate of Service. Filed By: TRENTON KIRKWOOD BOND
  61. earing/Trial Cancelled Associated Entries: 09/13/2024 - Hearing Scheduled Scheduled For: 10/02/2024; 11:00 AM; JASON MARK SENGHEISER; Carnahan Courthouse
  62. rder - Denied THEREFORE, it is Ordered and Decreed that Defendant Michael Moore and Brittani Moore's Motion for Summary Judgment is hereby DENIED. SO ORDERED JUDGE JASON M. SENGHEISER #55132
  63. earing Scheduled Associated Entries: 10/01/2024 - Hearing/Trial Cancelled Scheduled For: 10/02/2024; 11:00 AM; JASON MARK SENGHEISER; Carnahan Courthouse
  64. otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: TRENTON KIRKWOOD BOND
  65. otion of Withdrawl of Counsel Motion for Leave to Withdraw; Electronic Filing Certificate of Service. Filed By: TRENTON KIRKWOOD BOND
  66. ause Taken Under Advisement Defendants' Motion for Summary Judgment is called, heard and taken under advisement. SO ORDERED JUDGE JASON M. SENGHEISER #55132
  67. earing Held Associated Entries: 03/13/2024 - Hearing Scheduled Scheduled For: 06/12/2024; 11:00 AM; JASON MARK SENGHEISER; Carnahan Courthouse
  68. earing Continued/Rescheduled Associated Entries: 03/12/2024 - Hearing Scheduled Hearing Continued From: 05/06/2024; 11:00 AM Hearing
  69. emorandum Filed Memorandum in Opposition to Motion for Summary Judgment; Electronic Filing Certificate of Service. Filed By: TRENTON KIRKWOOD BOND On Behalf Of: LAFAYETTE WHOLESALE, LLC
  70. esponse Filed Response to Statement of Facts; Electronic Filing Certificate of Service. Filed By: TRENTON KIRKWOOD BOND On Behalf Of: LAFAYETTE WHOLESALE, LLC
  71. earing Scheduled Associated Entries: 06/12/2024 - Hearing Held Scheduled For: 06/12/2024; 11:00 AM; JASON MARK SENGHEISER; Carnahan Courthouse
  72. mended Notice of Hrng Filed First Amended Notice of Hearing; Electronic Filing Certificate of Service. Filed By: DAVID BENDER On Behalf Of: MICHAEL MOORE, BRITTANI MOORE
  73. earing Scheduled Associated Entries: 05/02/2024 - Hearing Continued/Rescheduled Scheduled For: 05/06/2024; 11:00 AM; JASON MARK SENGHEISER; Carnahan Courthouse
  74. otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: DAVID BENDER On Behalf Of: MICHAEL MOORE, BRITTANI MOORE
  75. tmnt Uncon/Mater Facts Filed Defendants Michael and Brittani Moores Statement of Uncontroverted Material Facts in Support of Motion for Summary Judgment; Exhibit A; Exhibit B; Exhibit C; Electronic Filing Certificate of Service. Filed By: DAVID BENDER On Behalf Of: MICHAEL MOORE, BRITTANI MOORE
  76. emo of Law in Suppt of Filed Defendants Michael and Brittani Moores Memorandum of Law in Support of Motion for Summary Judgment; Electronic Filing Certificate of Service. Filed By: DAVID BENDER On Behalf Of: MICHAEL MOORE, BRITTANI MOORE
  77. otion for Summary Judgment Defendants Michael and Brittani Moores Motion for Summary Judgment; Electronic Filing Certificate of Service. Filed By: DAVID BENDER On Behalf Of: MICHAEL MOORE, BRITTANI MOORE
  78. rder Defendant's Motion for Leave to Assert Additional Affirmative Defenses is called, heard and granted. The previously filed Supplemental Affirmative Defenses, filed on February 6, 2024, are hereby deemed filed instanter as of this date. SO ORDERED JUDGE JASON M. SENGHEISER #55132
  79. ertificate of Service Certificate of Service; Electronic Filing Certificate of Service. Filed By: RICHARD EDWARD HANSON On Behalf Of: SUN WEST MORTGAGE COMPANY, INC.
  80. otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: DAVID BENDER On Behalf Of: MICHAEL MOORE, BRITTANI MOORE, SUN WEST MORTGAGE COMPANY, INC.
  81. otion for Leave Defendants Motion For Leave to Assert Additional Affirmative Defenses; Electronic Filing Certificate of Service. Filed By: DAVID BENDER On Behalf Of: MICHAEL MOORE, BRITTANI MOORE, SUN WEST MORTGAGE COMPANY, INC.
  82. rder - Denied THEREFORE, the Court orders, adjudged and decrees that Defendants' motion to dismiss, or in the alternative, to stay these proceedings pending arbitration, is DENIED. SO ORDERED JUDGE JASON M. SENGHEISER #55132
  83. nswer Filed Answer and Affirmative Defenses of Defendant Wilmington; Electronic Filing Certificate of Service. Filed By: STEVEN DAVID HALL On Behalf Of: WILMINGTON SAVINGS FUND SOCIETY FSB
  84. ause Taken Under Advisement Defendant Moore's Motion to Dismiss is called, heard and taken under advisement. SO ORDERED JUDGE JASON M. SENGHEISER #55132
  85. emo of Law in Suppt of Filed Defendants Michael and Brittani Moores Memorandum of Law in Support of Motion to Dismiss; Electronic Filing Certificate of Service. Filed By: DAVID BENDER On Behalf Of: MICHAEL MOORE, BRITTANI MOORE, SUN WEST MORTGAGE COMPANY, INC.
  86. ntry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: RICHARD EDWARD HANSON On Behalf Of: SUN WEST MORTGAGE COMPANY, INC.
  87. esponse Filed Response in Opposition to Supplemental Motion to Dismiss; Exhibit 1; Electronic Filing Certificate of Service. Filed By: TRENTON KIRKWOOD BOND On Behalf Of: LAFAYETTE WHOLESALE, LLC
  88. ntry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: JOHN JOSEPH GAZZOLI JR On Behalf Of: MICHAEL MOORE, BRITTANI MOORE
  89. otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: DAVID BENDER On Behalf Of: MICHAEL MOORE, BRITTANI MOORE
  90. otion to Dismiss Defendants Michael and Brittani Moores Supplemental Motion to Dismiss; Electronic Filing Certificate of Service. Filed By: DAVID BENDER On Behalf Of: MICHAEL MOORE, BRITTANI MOORE
  91. ntry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: DAVID BENDER On Behalf Of: MICHAEL MOORE, BRITTANI MOORE
  92. otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: STEVEN DAVID HALL On Behalf Of: WILMINGTON SAVINGS FUND SOCIETY FSB
  93. otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: TRENTON KIRKWOOD BOND On Behalf Of: LAFAYETTE WHOLESALE, LLC
  94. rder COMES NOW the undersigned counsel, and requests leave to withdraw as counsel for LAFAYETTE WHOLESALE, LLC in the above referenced matter. In support of the motion, the undersigned counsel states as follows: Plaintiff will continue to be represented by Trent K. Bond in this matter. Further, I have notified or attempted to notify my client at their last known address of the intent to withdraw as counsel pursuant to Supreme Court Rule 4-1.16. SO ORDERED JUDGE JASON M. SENGHEISER #55132
  95. otion to Withdraw Motion to Withdraw; Electronic Filing Certificate of Service. Filed By: NATHAN JOHN RISCH On Behalf Of: LAFAYETTE WHOLESALE, LLC
  96. ntry of Appearance Filed ENTRY OF APPEARANCE on behalf of Applicant/Intervener/Would-Be Defendant Wilmington Savings Fund Society, FSB, as Trustee of Stanwich Mortgage Loan Trust M, C/O Carrington Mortgage Services, LLC in the above captioned matter. ; Electronic Filing Certificate of Service. Filed By: REBECCA LYNNE JAMES On Behalf Of: WILMINGTON SAVINGS FUND SOCIETY FSB
  97. otion to Intervene Application to Intervene; Exhibit 1 - Assignment of DOT 8.31.2022.V01 00540325xBDF2D; Exhibit 2 - Proposed Answer Affirmative Defenses of Defendant Wilmington; Electronic Filing Certificate of Service. Filed By: STEVEN DAVID HALL
  98. ntry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: STEVEN DAVID HALL
  99. iling: FILING RECEIVED FROM MICHAEL MOORE Filed By: MICHAEL MOORE
  100. otion to Dismiss MOTION TO DISMISS
  101. ertificate of Service CERTIFICATE OF SERVICE
  102. nswer Filed answer
  103. nswer Filed Answers from Defendants Michael Moore and Brittani Moore Filed By: MICHAEL MOORE
  104. ntry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: BRIAN L BURGE On Behalf Of: SUN WEST MORTGAGE COMPANY, INC.
  105. ummons Personally Served Document ID - 22-SMOS-1678; Served To - MOORE, BRITTANI; Server - ; Served Date - 27-JUN-22; Served Time - 00:00:00; Service Type - Sheriff Department; Reason Description - Served
  106. amily Member/Roommate Served Document ID - 22-SMOS-1677; Served To - MOORE, MICHAEL; Server - ; Served Date - 27-JUN-22; Served Time - 00:00:00; Service Type - Sheriff Department; Reason Description - Served
  107. otice of Service Service of Summons- Brittani Moore; Electronic Filing Certificate of Service. Filed By: NATHAN JOHN RISCH On Behalf Of: LAFAYETTE WHOLESALE, LLC
  108. otice of Service Service of Summons- Michael Moore; Electronic Filing Certificate of Service. Filed By: NATHAN JOHN RISCH
  109. nswer Filed DEFENDANT SUN WEST MORTGAGE COMPANY, INC.'S ANSWER TO PLAINTIFF'S PETITION; ELECTRONIC FILING CERTIFICATE OF SERVICE Filed By: MICHAEL HOBBS On Behalf Of: SUN WEST MORTGAGE COMPANY, INC.
  110. ntry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: MICHAEL HOBBS
  111. orporation Served Document ID - 22-SMCC-2659; Served To - SUN WEST MORTGAGE COMPANY, INC.; Server - ; Served Date - 08-JUN-22; Served Time - 10:00:00; Service Type - Sheriff Department; Reason Description - Served
  112. ntry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: NATHAN JOHN RISCH On Behalf Of: LAFAYETTE WHOLESALE, LLC
  113. ummons Issued-Circuit Document ID: 22-SMCC-2659, for SUN WEST MORTGAGE COMPANY, INC..
  114. umm Issd- Circ Pers Serv O/S Document ID: 22-SMOS-1678, for MOORE, BRITTANI.
  115. umm Issd- Circ Pers Serv O/S Document ID: 22-SMOS-1677, for MOORE, MICHAEL.
  116. onfid Filing Info Sheet Filed Filed By: TRENTON KIRKWOOD BOND
  117. et Filed in Circuit Ct Petition; Exhibit 1; Exhibit 2; Exhibit 3; Exhibit 4. Filed By: TRENTON KIRKWOOD BOND On Behalf Of: LAFAYETTE WHOLESALE, LLC

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