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Photo of Missouri Unified County

Court

Missouri Unified County

Missouri

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Case Information

Filed 2023-07-31
Type Cc Other Administrative Review
Docket 73 entries
Disposition dismiss

Parties

Plaintiff Mountain, Paul L|Nolan, Patrick M
Defendant State Of Missouri Dept Of Social Services|Robbins, Crystal
Photo of Hon. Roberts Rick R

Judge

Hon. Roberts Rick R

Clark County (MO)

Missouri

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Lawyers

Docket Entries

  2. ismiss by Ct w/o Prejudice
  3. ound Recording Log Sheet
  4. ivil Motion Hearing Held Now on this August 15, 2024 this matter comes on for hearing on the Missouri Department of Social Services motion to dismiss. Petitioner appears by his attorney Pat Nolan, Social Services appears by their attorney Mr. Han. Case is called and argument is heard. The Court agrees with Mr. Han that the Petitioner failed to exhaust his administrative remedies before seeking review by this Court. That no effort was made to seek administrative review of the agency's action before this petition was filed. Therefore there was never a hearing before the agency and as such there is no record for review and the time period for conducting such review has passed. The Court sustains the Respondent's motion to dismiss. Case is dismissed without prejudice, cost are taxed to and ordered paid by the Petitioner. So Ordered /s/ Rick Roberts, Judge Associated Entries: 07/11/2024 - Civil Motion Hearing Scheduled Scheduled For: 08/15/2024; 9:00 AM; RICK R ROBERTS; Schuyler
  6. earing Held Case set for 08/15/24@9:00 RRR Associated Entries: 06/20/2024 - Motion Hearing Scheduled Scheduled For: 07/11/2024; 9:00 AM; RICK R ROBERTS; Schuyler
  7. ivil Motion Hearing Scheduled Associated Entries: 08/15/2024 - Civil Motion Hearing Held + Scheduled For: 08/15/2024; 9:00 AM; RICK R ROBERTS; Schuyler
  8. ivil Setting Held Case set for 08/15/24@9:00 RRR Associated Entries: 06/12/2024 - Civil Setting Scheduled Scheduled For: 07/11/2024; 9:00 AM; RICK R ROBERTS; Schuyler
  10. otion for Continuance Motion to Continue Hearing; Electronic Filing Certificate of Service. Filed By: PATRICK M NOLAN On Behalf Of: PAUL MOUNTAIN
  12. ote to Clerk eFiling Filed By: KYUNGWOONG HAN
  13. uggestions in Opposition FSDs Suggestions in Opposition to Petitioners Motion for Sanctions; Electronic Filing Certificate of Service. Filed By: KYUNGWOONG HAN On Behalf Of: STATE OF MISSOURI DEPT OF SOCIAL SERVICES
  15. otion Hearing Scheduled Associated Entries: 07/11/2024 - Hearing Held + Scheduled For: 07/11/2024; 9:00 AM; RICK R ROBERTS; Schuyler
  16. ote to Clerk eFiling Filed By: KYUNGWOONG HAN
  17. otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: KYUNGWOONG HAN On Behalf Of: STATE OF MISSOURI DEPT OF SOCIAL SERVICES
  19. ivil Setting Scheduled Associated Entries: 07/11/2024 - Civil Setting Held + Scheduled For: 07/11/2024; 9:00 AM; RICK R ROBERTS; Schuyler
  20. otice of Hearing Filed Notice of Setting; Electronic Filing Certificate of Service. Filed By: PATRICK M NOLAN On Behalf Of: PAUL MOUNTAIN
  22. earing/Trial Cancelled Associated Entries: 06/05/2024 - Motion Hearing Scheduled + Scheduled For: 06/06/2024; 10:00 AM; RICK R ROBERTS; Schuyler
  23. rder Now on this 5th day of June, 2024 without objection from any party, the Court sustains Ms. Silvernail's motion to withdraw as counsel in this case. Due to the ruling of this motion, no parties need to appear pursuant to the notice issued by Ms. Silvernail. So Ordered /s/ Rick Roberts, Judge
  24. ote to Clerk eFiling Filed By: KYUNGWOONG HAN
  25. equest Filed Memorandum to the Court and Request for Leave to not Appear; Electronic Filing Certificate of Service. Filed By: KYUNGWOONG HAN On Behalf Of: STATE OF MISSOURI DEPT OF SOCIAL SERVICES
  26. ote to Clerk eFiling Filed By: PATRICK M NOLAN
  27. esponse Filed Letter to Court Stating Position on Opposing Counsels motion; Electronic Filing Certificate of Service. Filed By: PATRICK M NOLAN On Behalf Of: PAUL MOUNTAIN
  28. otion Hearing Scheduled MOTION TO WITHDRAW AS COUNSEL Associated Entries: 06/05/2024 - Hearing/Trial Cancelled Scheduled For: 06/06/2024; 10:00 AM; RICK R ROBERTS; Schuyler
  29. otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: LESLIE JO SILVERNAIL On Behalf Of: CRYSTAL ROBBINS
  30. otion of Withdrawl of Counsel Motion to Withdraw as Counsel; Electronic Filing Certificate of Service. Filed By: LESLIE JO SILVERNAIL On Behalf Of: CRYSTAL ROBBINS
  31. vailable/Conflict Dates Filed Amended Available Dates; Electronic Filing Certificate of Service. Filed By: LESLIE JO SILVERNAIL On Behalf Of: CRYSTAL ROBBINS
  32. vailable/Conflict Dates Filed Petitioners Amended Available Dates; Electronic Filing Certificate of Service. Filed By: PATRICK M NOLAN On Behalf Of: PAUL MOUNTAIN
  33. ote to Clerk eFiling Filed By: KYUNGWOONG HAN
  34. otice Notice of Available Dates; Electronic Filing Certificate of Service. Filed By: KYUNGWOONG HAN On Behalf Of: STATE OF MISSOURI DEPT OF SOCIAL SERVICES
  35. vailable/Conflict Dates Filed Petitioners Available Dates; Electronic Filing Certificate of Service. Filed By: PATRICK M NOLAN On Behalf Of: PAUL MOUNTAIN
  36. earing/Trial Cancelled Associated Entries: 03/11/2024 - Civil Motion Hearing Scheduled + Scheduled For: 04/04/2024; 9:00 AM; RICK R ROBERTS; Schuyler
  37. earing/Trial Cancelled Associated Entries: 03/18/2024 - Civil Motion Hearing Scheduled + Scheduled For: 04/04/2024; 9:00 AM; RICK R ROBERTS; Schuyler
  38. rder Now on this 28th day of March, 2024 the Court sustains Mr. Mountain?s motion for a continuance due to the fact that this case will require more time than a law day can provide. Counsel are requested to submit dates for April, May and June 2024 for a special setting for this case by no later than April 4, 2024 at 9:00 a.m. So Ordered /s/ Rick Roberts, Judge
  39. uggestions in Opposition Opposition to States Motion to Set Aside; Electronic Filing Certificate of Service. Filed By: PATRICK M NOLAN On Behalf Of: PAUL MOUNTAIN
  40. otion for Sanctions Motion for Sanctions; Electronic Filing Certificate of Service. Filed By: PATRICK M NOLAN On Behalf Of: PAUL MOUNTAIN
  41. otion for Continuance Motion to Continue with request for ruling in chambers; Electronic Filing Certificate of Service. Filed By: PATRICK M NOLAN On Behalf Of: PAUL MOUNTAIN
  42. ivil Motion Hearing Scheduled Via Webex: Motion to Set Aside REVISED Event Information: New EventTime: 09:00:00; Associated Entries: 03/28/2024 - Hearing/Trial Cancelled Scheduled For: 04/04/2024; 9:00 AM; RICK R ROBERTS; Schuyler
  43. otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: KYUNGWOONG HAN
  44. otion to Set Aside Motion to Set Aside; Electronic Filing Certificate of Service. Filed By: KYUNGWOONG HAN
  45. ivil Motion Hearing Scheduled Via WebexEvent Text: Via Webex: Motion to Dismiss; Associated Entries: 03/28/2024 - Hearing/Trial Cancelled Scheduled For: 04/04/2024; 9:00 AM; RICK R ROBERTS; Schuyler
  46. otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: KYUNGWOONG HAN
  47. RIFS/Unredacted Document CRIFS Motion to Dismiss; Motion to Dismiss; Electronic Filing Certificate of Service in associated to Dismiss (motion) filed on 03/08/2024. Filed By: KYUNGWOONG HAN Associated Entries: 03/08/2024 - Motion to Dismiss +
  48. otion to Dismiss Motion to Dismiss; Exhibit A; Electronic Filing Certificate of Service. Filed By: KYUNGWOONG HAN Associated Entries: 03/08/2024 - CRIFS/Unredacted Document +
  49. roposed Order Filed Proposed Order Overruling Motion to Dismiss; Electronic Filing Certificate of Service. Filed By: PATRICK M NOLAN On Behalf Of: PAUL MOUNTAIN
  50. earing Held Case called. Respondents fail to appear. Petitioner appears. Motion denied. RRR Associated Entries: 01/03/2024 - Hearing Continued/Rescheduled Associated Entries: 01/03/2024 - Motion Hearing Scheduled + Scheduled For: 03/07/2024; 10:00 AM; RICK R ROBERTS; Schuyler
  51. esponse Filed Respondents Response to Petitioners Motion; Electronic Filing Certificate of Service. Filed By: LESLIE JO SILVERNAIL On Behalf Of: CRYSTAL ROBBINS
  52. otion Hearing Scheduled Hearing via WebexEvent Text: In-Person Hearing; Associated Entries: 03/07/2024 - Hearing Held + Scheduled For: 03/07/2024; 10:00 AM; RICK R ROBERTS; Schuyler
  53. earing Continued/Rescheduled Associated Entries: 12/07/2023 - Motion Hearing Scheduled + Associated Entries: 03/07/2024 - Hearing Held + Hearing Continued From: 01/04/2024; 9:00 AM Motion Hearing
  54. rder Now on this 3rd day of January, 2024 the Court sustains the Petitioner's motion for a continuance. Case is passed to March 7, 2024 at 10:00 for an in person hearing. So Ordered /s/ Rick Roberts, Judge
  55. otion for Continuance Motion for Continuance with Request for Ruling in Chambers; Electronic Filing Certificate of Service. Filed By: PATRICK M NOLAN On Behalf Of: PAUL MOUNTAIN
  56. otion Hearing Scheduled Hearing via Webex Associated Entries: 01/03/2024 - Hearing Continued/Rescheduled Scheduled For: 01/04/2024; 9:00 AM; RICK R ROBERTS; Schuyler
  57. earing Held Generally continued for service of notice RRR Associated Entries: 12/07/2023 - Hearing Scheduled Scheduled For: 12/07/2023; 9:00 AM; RICK R ROBERTS; Schuyler
  58. otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: KYUNGWOONG HAN
  59. earing Scheduled Associated Entries: 12/07/2023 - Hearing Held + Scheduled For: 12/07/2023; 9:00 AM; RICK R ROBERTS; Schuyler
  60. otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: KYUNGWOONG HAN
  61. RIFS/Unredacted Document CRIFS Motion to Dismiss; Motion to Dismiss; Electronic Filing Certificate of Service in associated to Dismiss (motion) filed on 09/01/2023. Filed By: KYUNGWOONG HAN
  62. otion to Dismiss Motion to Dismiss; Exhibit A; Electronic Filing Certificate of Service. Filed By: KYUNGWOONG HAN
  63. ntry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: KYUNGWOONG HAN
  64. nswer Filed Respondents Answer to Petitioners Petition for Judicial Review; Electronic Filing Certificate of Service. Filed By: LESLIE JO SILVERNAIL On Behalf Of: CRYSTAL ROBBINS
  65. ummons Personally Served Document ID - 23-SMCC-54; Served To - DEPT OF SOCIAL SERVICES; Served Date - 08/16/2023; Served Time - 10:36:00; Service Type - SD; Reason Description - SERV; Service Text -
  66. ummons Personally Served Document ID - 23-SMCC-55; Served To - CRYSTALROBBINS; Server - SCHUYLER COUNTY SHERIFF'S DEPARTMENT; Served Date - 08/12/2023; Served Time - 16:25:00; Service Type - SD; Reason Description - SERV; Service Text -
  67. ummons Issued-Circuit Document ID: 23-SMCC-55, for ROBBINS, CRYSTAL. **Summons attached in PDF form for Attorney Nolan to retrieve from Secure Case.net.** JLJ
  68. ummons Issued-Circuit Document ID: 23-SMCC-54, for STATE OF MISSOURI DEPT OF SOCIAL SERVICES. **Summons attached in PDF form for Attorney Nolan to retrieve from Secure Case.net.** JLJ
  69. rder for Stay STAY ORDER Filed By: RICK R ROBERTS
  70. iling Info Sheet eFiling Filed By: PATRICK M NOLAN
  71. ertification Filed Certification of Redaction; Petition for Judicial Review; Exhibit 1 - Notice and Findings; Application for Stay; Order for Stay. Filed By: PATRICK M NOLAN On Behalf Of: PAUL MOUNTAIN
  72. roposed Order Filed Order for Stay. Filed By: PATRICK M NOLAN On Behalf Of: PAUL MOUNTAIN
  73. pplication Filed Application for Stay Order. Filed By: PATRICK M NOLAN On Behalf Of: PAUL MOUNTAIN

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