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Photo of Missouri Unified County

Court

Missouri Unified County

Missouri

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Case Information

Filed 2022-09-16
Type Cc Declaratory Judgment
Docket 82 entries
Disposition dismissed

Parties

Plaintiff Jeffco Estates Mhc, Llc|Simmons, Kendra
Defendant City Of Arnold Board Of Adjustment|Sweeney, Robert Kevin|City Of Arnold
Photo of Hon. Rathert Joseph Alfred

Judge

Hon. Rathert Joseph Alfred

Jefferson County (MO)

Missouri

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Lawyers

Docket Entries

  1. <td></td><td></td><td></td>
  2. Hearing/Trial Cancelled Associated Entries: 06/20/2023 - Pre-trial Conference Scheduled Scheduled For: 02/09/2024; 10:30 AM; JOSEPH ALFRED RATHERT; Jefferson
  3. <td></td><td></td><td></td>
  4. Order GRANTED JOINT STIPULATION REGARDING EXTENSION AND SCHEDULING. SO ORDERED: JOSEPH A RATHERT, CIRCUIT JUDGE DIVISION ONE.
  5. <td></td><td></td><td></td>
  6. Stipulation Filed Joint Stipulation Regarding Extension and Scheduling; Electronic Filing Certificate of Service. Filed By: KENDRA SIMMONS
  7. <td></td><td></td><td></td>
  8. Note to Clerk eFiling Filed By: KENDRA SIMMONS
  9. Notice Notice of Entry of Order; Memorandum and Order; Electronic Filing Certificate of Service.IT IS HEREBY ORDERED that Defendants? Motion to Dismiss (Doc. 8) is GRANTED IN PART and DENIED IN PART. Counts II, III, and V are DISMISSED, without prejudice. Count IV is DISMISSED, with prejudice. IT IS FURTHER ORDERED that Defendants? Motion for the Court to Exercise Supplemental Jurisdiction (Doc. 21) is DENIED. IT IS FURTHER ORDERED that this matter is STAYED pending resolution of Plaintiff?s state court claim. IT IS FURTHER ORDERED that the parties shall provide the state court with a copy of this Order. IT IS FINALLY ORDERED that the parties shall update the Court with a joint status report every ninety (90) days and notify the Court promptly upon resolution of Plaintiff?s state court claim. REVIEWED BY JUDGE Filed By: KENDRA SIMMONS On Behalf Of: JEFFCO ESTATES MHC, LLC
  10. <td></td><td></td><td></td>
  11. Certificate of Service Certificate of Service; Electronic Filing Certificate of Service. Filed By: ALLISON SWEENEY On Behalf Of: CITY OF ARNOLD BOARD OF ADJUSTMENT, CITY OF ARNOLD
  12. <td></td><td></td><td></td>
  13. Motion Hearing Held Associated Entries: 11/29/2023 - Hearing Continued/Rescheduled Associated Entries: 11/29/2023 - Motion Hearing Scheduled Scheduled For: 11/30/2023; 8:30 AM; JOSEPH ALFRED RATHERT; Jefferson
  14. <td></td><td></td><td></td>
  15. Motion Hearing Scheduled Associated Entries: 11/30/2023 - Motion Hearing Held Scheduled For: 11/30/2023; 8:30 AM; JOSEPH ALFRED RATHERT; Jefferson
  16. Hearing Continued/Rescheduled Associated Entries: 11/17/2023 - Hearing Continued/Rescheduled Associated Entries: 11/17/2023 - Motion Hearing Scheduled Associated Entries: 11/30/2023 - Motion Hearing Held Hearing Continued From: 11/30/2023; 9:00 AM Motion Hearing
  17. <td></td><td></td><td></td>
  18. Note to Clerk eFiling Filed By: KENDRA SIMMONS
  19. Exhibit Filed Exhibit A to Plaintiffs Opposition to Defendants Motion to Continue; Electronic Filing Certificate of Service. Filed By: KENDRA SIMMONS
  20. Note to Clerk eFiling Filed By: KENDRA SIMMONS
  21. Response Filed Plaintiffs Opposition to Defendants Motion to Continue; Electronic Filing Certificate of Service. Filed By: KENDRA SIMMONS On Behalf Of: JEFFCO ESTATES MHC, LLC
  22. <td></td><td></td><td></td>
  23. Notice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: ALLISON SWEENEY On Behalf Of: CITY OF ARNOLD BOARD OF ADJUSTMENT, CITY OF ARNOLD
  24. Affidavit Filed Affidavit; Electronic Filing Certificate of Service. Filed By: ALLISON SWEENEY On Behalf Of: CITY OF ARNOLD BOARD OF ADJUSTMENT, CITY OF ARNOLD
  25. Motion for Continuance Motion to Continue; Electronic Filing Certificate of Service. Filed By: ALLISON SWEENEY On Behalf Of: CITY OF ARNOLD BOARD OF ADJUSTMENT, CITY OF ARNOLD
  26. Motion Hearing Scheduled Associated Entries: 11/29/2023 - Hearing Continued/Rescheduled Scheduled For: 11/30/2023; 9:00 AM; JOSEPH ALFRED RATHERT; Jefferson
  27. Hearing Continued/Rescheduled Associated Entries: 11/16/2023 - Motion Hearing Scheduled Associated Entries: 11/29/2023 - Hearing Continued/Rescheduled Hearing Continued From: 12/18/2023; 9:00 AM Motion Hearing
  28. <td></td><td></td><td></td>
  29. Motion Hearing Scheduled Associated Entries: 11/17/2023 - Hearing Continued/Rescheduled Scheduled For: 12/18/2023; 9:00 AM; JOSEPH ALFRED RATHERT; Jefferson
  30. Motion for Summary Judgment Plaintiffs Motion for Summary Judgment; Electronic Filing Certificate of Service. REVIEWED Filed By: KENDRA SIMMONS
  31. Stmnt Uncon/Mater Facts Filed Plaintiffs Statement of Uncontroverted Material Facts in Support of Motion for Summary Judgment; Board of Adjustment Staff Report; 2139 Park Drive; 2163 Park Drive Drawing; Electronic Filing Certificate of Service. Filed By: KENDRA SIMMONS
  32. Suggestions in Support Plaintiffs Suggestions in Support of Motion for Summary Judgment; Electronic Filing Certificate of Service. Filed By: KENDRA SIMMONS
  33. <td></td><td></td><td></td>
  34. Order CAUSE CALLED FOR HEARING ON DEFENDANTS MOTION TO DISMISS. THE 2/20/24 JURY TRIAL DATE IS VACATED. CAUSE TO REMAIN ON 2/9/24 FOR CONFERENCE. SO ORDERED: JOSEPH A. RATHERT, CIRCUIT JUDGE DIV. ONE
  35. Hearing/Trial Cancelled Associated Entries: 06/20/2023 - Jury Trial Scheduled Scheduled For: 02/20/2024; 9:00 AM; JOSEPH ALFRED RATHERT; Jefferson
  36. Motion Hearing Held Associated Entries: 07/13/2023 - Motion Hearing Scheduled Scheduled For: 08/29/2023; 8:30 AM; JOSEPH ALFRED RATHERT; Jefferson
  37. <td></td><td></td><td></td>
  38. Motion Hearing Scheduled Associated Entries: 08/29/2023 - Motion Hearing Held Scheduled For: 08/29/2023; 8:30 AM; JOSEPH ALFRED RATHERT; Jefferson
  39. <td></td><td></td><td></td>
  40. Jury Trial Scheduled Associated Entries: 08/29/2023 - Hearing/Trial Cancelled Scheduled For: 02/20/2024; 9:00 AM; JOSEPH ALFRED RATHERT; Jefferson
  41. Pre-trial Conference Scheduled Associated Entries: 02/06/2024 - Hearing/Trial Cancelled Scheduled For: 02/09/2024; 10:30 AM; JOSEPH ALFRED RATHERT; Jefferson
  42. Hearing Held Associated Entries: 04/24/2023 - Hearing Continued/Rescheduled Associated Entries: 04/24/2023 - Pre-trial Conference Scheduled Scheduled For: 06/20/2023; 10:30 AM; JOSEPH ALFRED RATHERT; Jefferson
  43. <td></td><td></td><td></td>
  44. Pre-trial Conference Scheduled Associated Entries: 06/20/2023 - Hearing Held Scheduled For: 06/20/2023; 10:30 AM; JOSEPH ALFRED RATHERT; Jefferson
  45. Hearing Continued/Rescheduled Associated Entries: 11/09/2022 - Civil Setting Scheduled Associated Entries: 06/20/2023 - Hearing Held Hearing Continued From: 04/24/2023; 9:00 AM Civil Setting
  46. <td></td><td></td><td></td>
  47. Motion for Continuance Unopposed Motion to Continue Civil Setting; Electronic Filing Certificate of Service. Filed By: KENDRA SIMMONS On Behalf Of: JEFFCO ESTATES MHC, LLC
  48. <td></td><td></td><td></td>
  49. Voluntary Dismissal Filed Plaintiffs Notice of Voluntary Dismissal of Counts II-IV; Electronic Filing Certificate of Service. Filed By: KENDRA SIMMONS On Behalf Of: JEFFCO ESTATES MHC, LLC
  50. <td></td><td></td><td></td>
  51. Civil Setting Scheduled Associated Entries: 04/24/2023 - Hearing Continued/Rescheduled Scheduled For: 04/24/2023; 9:00 AM; JOSEPH ALFRED RATHERT; Jefferson
  52. <td></td><td></td><td></td>
  53. Suggestions in Opposition Plaintiffs Opposition to Defendants Motion to Dismiss; Electronic Filing Certificate of Service. Filed By: KENDRA SIMMONS On Behalf Of: JEFFCO ESTATES MHC, LLC
  54. Order to Transfer CAUSE TRANSFERRED TO DIV 1 FOR FURTHER PROCEEDINGS SO ORDERED: BRENDA STACEY, CIRCUIT JUDGE DIV. FOUR
  55. Judge Assigned
  56. <td></td><td></td><td></td>
  57. Ord Transfer P/Judge for Assn
  58. Order for Change of Judge SO ORDERED; VICTOR MELENBRINK, CIRCUIT JUDGE DIV. FIVE Associated Entries: 10/13/2022 - Motion for Change of Judge +
  59. <td></td><td></td><td></td>
  60. Motion to Dismiss Motion to Dismiss; Electronic Filing Certificate of Service. Filed By: ALLISON SWEENEY On Behalf Of: CITY OF ARNOLD BOARD OF ADJUSTMENT, CITY OF ARNOLD
  61. <td></td><td></td><td></td>
  62. Motion for Extension of Time Motion for Extension of Time; Electronic Filing Certificate of Service. Filed By: ROBERT KEVIN SWEENEY On Behalf Of: CITY OF ARNOLD BOARD OF ADJUSTMENT, CITY OF ARNOLD
  63. Entry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: ROBERT KEVIN SWEENEY
  64. <td></td><td></td><td></td>
  65. Motion for Change of Judge Request for Change of Judge; Electronic Filing Certificate of Service. Filed By: ALLISON SWEENEY On Behalf Of: CITY OF ARNOLD BOARD OF ADJUSTMENT, CITY OF ARNOLD Associated Entries: 10/25/2022 - Order for Change of Judge +
  66. <td></td><td></td><td></td>
  67. Corporation Served Document ID - 22-SMCC-1504; Served To - CITY OF ARNOLD; Server - ; Served Date - 20-SEP-22; Served Time - 00:00:00; Service Type - Special Process Server; Reason Description - Served
  68. Corporation Served Document ID - 22-SMCC-1503; Served To - CITY OF ARNOLD BOARD OF ADJUSTMENT; Server - ; Served Date - 20-SEP-22; Served Time - 00:00:00; Service Type - Special Process Server; Reason Description - Served
  69. Notice of Service Acceptance of Service; Electronic Filing Certificate of Service. Filed By: ALLISON SWEENEY On Behalf Of: CITY OF ARNOLD BOARD OF ADJUSTMENT, CITY OF ARNOLD
  70. <td></td><td></td><td></td>
  71. Summons Issued-Circuit Document ID: 22-SMCC-1504, for CITY OF ARNOLD.
  72. Summons Issued-Circuit Document ID: 22-SMCC-1503, for CITY OF ARNOLD BOARD OF ADJUSTMENT.
  73. <td></td><td></td><td></td>
  74. Judge/Clerk - Note OVERPAYMENT OF $26.50 TO BE REFUNDED
  75. Filing Info Sheet eFiling Filed By: KENDRA SIMMONS
  76. Pet Filed in Circuit Ct Verified Petition; Ex. 1; Ex. 2; Ex. 3; Ex. 4; Ex. 5; Ex. 6. On Behalf Of: JEFFCO ESTATES MHC, LLC
  77. otice of Service Acceptance of Service; Electronic Filing Certificate of Service. Filed By: ALLISON SWEENEY On Behalf Of: CITY OF ARNOLD BOARD OF ADJUSTMENT, CITY OF ARNOLD
  78. ummons Issued-Circuit Document ID: 22-SMCC-1504, for CITY OF ARNOLD.
  79. ummons Issued-Circuit Document ID: 22-SMCC-1503, for CITY OF ARNOLD BOARD OF ADJUSTMENT.
  80. udge/Clerk - Note OVERPAYMENT OF $26.50 TO BE REFUNDED
  81. iling Info Sheet eFiling Filed By: KENDRA SIMMONS
  82. et Filed in Circuit Ct Verified Petition; Ex. 1; Ex. 2; Ex. 3; Ex. 4; Ex. 5; Ex. 6. On Behalf Of: JEFFCO ESTATES MHC, LLC

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