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Photo of Missouri Unified County

Court

Missouri Unified County

Missouri

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Case Information

Filed 2022-11-16
Type Cc Other Tort
Docket 77 entries
Disposition dismiss

Parties

Plaintiff Roberts, Billy|Fulnecky, Kristi Suzanne
Defendant Springfield Restoration Branch Of Jesus Christ|Eldred, Phil|Eldred, Donna|Rust, Larry|Rust, Scott|Edson, Wayne
Photo of Hon. Powell Mark A

Judge

Hon. Powell Mark A

Missouri

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Lawyers

Docket Entries

  1. <td></td><td></td><td></td>
  2. Judge/Clerk - Note Court is advised, via email correspondence of Plaintiff's counsel to Division Clerk, of the "Motion for Leave to Amend Complaint" filed on May 15, 2023, but never scheduled or noticed up for hearing by counsel. Court further notes prior dismissal of all claims by entry of writing signed by Judge Powell and expressly denominated "judgment" on 05/15/2023. Court's plenary control over that judgment thus expired on 06/14/2023 under Rule 75.01. Even treating the "Motion for Leave to Amend Complaint" as a motion for new trial or motion to amend the judgment authorized by Rule 78.04 and 81.05(a)(2), it was automatically overruled for all purposes at the expiration of 90 days on 08/14/2023 by operation of Rule 78.06 and became final as provided in Rule 81.05(a)(2)(A). This Court therefore has no authority to grant the motion or to otherwise act upon the case. JBC/lnp
  3. <td></td><td></td><td></td>
  4. Judge Assigned By Order of the Presiding Judge, this case is assigned to Judge Christensen. JAH/mkm
  5. <td></td><td></td><td></td>
  6. Judge Recuses Judge Wichmer recuses on own motion due to the identify of the parties. Case sent to Presiding Judge's Secretary for reassignment. DRW/jao
  7. <td></td><td></td><td></td>
  8. Motion for Leave (Docketed on 05/23/2023 at 3:25pm) Plts Motion for Leave to Amend Complaint; Electronic Filing Certificate of Service./mt Filed By: KRISTI SUZANNE FULNECKY On Behalf Of: BILLY ROBERTS
  9. Judgment Entered AFTER CONSIDERATION OF THE MOTION AND SUGGESTIONS FILED, ALONG WITH THE ARGUMENTS OF COUNSEL, IT APPEARS TO THE COURT, BASED ON THE FACE OF PLAINTIFF'S AMENDED PETITION(S), PLAINTIFF HAS FAILED TO EITHER ALLEGE A PROPER CAUSE OF ACTION, OR STATE A CAUSE OF ACTION WITHIN THE APPLICABLE STATUTE OF LIMITATIONS. THEREFORE, FOR THE REASONS STATED IN DEFENDANTS' MOTION TO DISMISS AND ACCOMPANYING SUGGESTIONS, DEFENDANT'S MOTION TO DISMISS IS SUSTAINED. JUDGMENT: THE CAUSE OF ACTION IS DISMISSED. MAP/nap
  10. Dismiss by Ct w/o Prejudice
  11. <td></td><td></td><td></td>
  12. Cause Taken Under Advisement PLAINTIFF IN PERSON AND BY ATTY K. FULNECKY. DEFENDANTS BY ATTY D. PARKER. COURT HEARS DEFENDANT'S MOTION TO DISMISS OR MOTION TO MAKE MORE DEFINITE AND CERTAIN. MATTER TAKEN UNDER ADVISEMENT. MAP/laa
  13. <td></td><td></td><td></td>
  14. Reply (Docketed 05-01-2023 at 02:22pm) Dfts Reply to Plts Response to Motion to Dismiss Plts Amended Complaint and or Motion for More Definite and Certain Statement.; Electronic Filing Certificate of Service./ke Filed By: DOUGLAS ALAN PARKER On Behalf Of: SPRINGFIELD RESTORATION BRANCH OF JESUS CHRIST, PHIL ELDRED, DONNA ELDRED, LARRY RUST, SCOTT RUST, WAYNE EDSON
  15. Motion to Strike (Docketed 05-01-2023 at 02:22pm) Dfts Motion to Strike and or Response to Motion to Consolidate; Electronic Filing Certificate of Service./ke Filed By: DOUGLAS ALAN PARKER
  16. <td></td><td></td><td></td>
  17. Notice of Hearing Filed (Docketed on 04/24/2023 at 3:28pm) Dfts Notice of Hearing as to its Motion to Dismiss Amended Complaint. Set for 05/10/2023 at 9:00am; Electronic Filing Certificate of Service./mt Filed By: DOUGLAS ALAN PARKER On Behalf Of: SPRINGFIELD RESTORATION BRANCH OF JESUS CHRIST, PHIL ELDRED, DONNA ELDRED, LARRY RUST, SCOTT RUST, WAYNE EDSON
  18. <td></td><td></td><td></td>
  19. Response Filed (Docketed on 04/24/2023 at 1440) Plts Response to Respondents Motion to Dismiss and Motion for a More Definitive Statement; Electronic Filing Certificate of Service. /jj Filed By: KRISTI SUZANNE FULNECKY
  20. Motion to Consolidate (Docketed on 04/24/2023 at 1438) Plts Motion to Consolidate; Electronic Filing Certificate of Service. /jj Filed By: KRISTI SUZANNE FULNECKY
  21. Amended Motion/Petition Filed (Docketed on 04/24/2023 at 1435) Plts Amended Petition Regarding Scott Rust; Electronic Filing Certificate of Service. /jj Filed By: KRISTI SUZANNE FULNECKY
  22. <td></td><td></td><td></td>
  23. Notice of Hearing Filed (Docketed on 04/12/2023 at 1:54pm) Dfts Notice of Hearing as to its Motion to Dismiss Amended Complaint. Set on 04-13-2023 at 9:00am; Electronic Filing Certificate of Service./mt Filed By: DOUGLAS ALAN PARKER On Behalf Of: SPRINGFIELD RESTORATION BRANCH OF JESUS CHRIST, PHIL ELDRED, DONNA ELDRED, LARRY RUST, SCOTT RUST, WAYNE EDSON
  24. Motion to Dismiss (Docketed on 04/12/2023 at 1:52pm) Dfts Motion to Dismiss Plts Amended Complaint and or Motion for More Definite and Certain Statement; Electronic Filing Certificate of Service./mt Filed By: DOUGLAS ALAN PARKER On Behalf Of: SPRINGFIELD RESTORATION BRANCH OF JESUS CHRIST, PHIL ELDRED, DONNA ELDRED, LARRY RUST, SCOTT RUST, WAYNE EDSON
  25. <td></td><td></td><td></td>
  26. Amended Motion/Petition Filed (Docketed on 04/12/2023 at 1236) Plts Amended Complaint; Electronic Filing Certificate of Service. /jj Filed By: KRISTI SUZANNE FULNECKY On Behalf Of: BILLY ROBERTS
  27. <td></td><td></td><td></td>
  28. Motion Hearing Held PLT IN PERSON AND BY ATTY J. FULNECKY. DFTS BY ATTY D. PARKER. COURT AGAIN HEARS ARGUMENT ON DFTS MOTION TO DISMISS, OR IN THE ALTERNATIVE, MOTION TO MAKE MORE DEFINITE AND CERTAIN. COURT SPECIFICALLY HEARS FROM PLTS COUNSEL, MS. FULNECKY, REGARDING PLTS RESPONSE TO DFTS MOTION. DFTS MOTION TO DISMISS IS OVERRULED AT THIS TIME. HOWEVER, DFTS MOTION TO MAKE MORE DEFINITE AND CERTAIN IS SUSTAINED. PLT IS TO FILE AN AMENDED PETITION ON OR BEFORE 3/31/2023. MAP/kks Associated Entries: 03/02/2023 - Motion Hearing Scheduled Scheduled For: 03/14/2023; 1:30 PM; MARK A POWELL; Greene
  29. <td></td><td></td><td></td>
  30. Motion Hearing Scheduled Associated Entries: 03/14/2023 - Motion Hearing Held + Scheduled For: 03/14/2023; 1:30 PM; MARK A POWELL; Greene
  31. Order for Continuance PLAINTIFF IN PERSON AND BY ATTY K. FULNECKY. DEFENDANT BY ATTY D. PARKER. COURT HEARS DEFENDANTS' MOTION TO DISMISS, OR IN THE ALTERNATIVE, MOTION TO MAKE MORE DEFENITE AND CERTAIN. ATTY PARKER ARGUES DEFENDANTS' MOTION. ATTY FULNECKY REQUESTS A CONTINUANCE FOR HER ARGUMENT BASED ON A RECENT MEDICIAL PROCEDURE. COURT SETS MATTER FOR REMAINING ARGUMENT 03/14/2023 AT 1:30PM. MAP/laa Associated Entries: 02/16/2023 - Motion Hearing Scheduled Scheduled For: 03/02/2023; 10:00 AM; MARK A POWELL; Greene
  32. <td></td><td></td><td></td>
  33. Notice of Hearing Filed (Docketed on 03/06/2023 at 12:56pm) Plts Notice of Hearing as to its Motion for Continuance. Set for 03/02/2023 at 10:00am; Electronic Filing Certificate of Service./mt Filed By: KRISTI SUZANNE FULNECKY On Behalf Of: BILLY ROBERTS
  34. <td></td><td></td><td></td>
  35. Response Filed (Docketed on 03-02-2023 at 11:06am) Defendants Response to Plts Motion for Continuance Without a Hearing; Electronic Filing Certificate of Service./ke Filed By: DOUGLAS ALAN PARKER On Behalf Of: SPRINGFIELD RESTORATION BRANCH OF JESUS CHRIST, PHIL ELDRED, DONNA ELDRED, LARRY RUST, SCOTT RUST, WAYNE EDSON
  36. <td></td><td></td><td></td>
  37. Motion Hearing Scheduled Associated Entries: 03/02/2023 - Order for Continuance + Scheduled For: 03/02/2023; 10:00 AM; MARK A POWELL; Greene
  38. Motion Hearing Held PLANTIFF DOES NOT APPEAR. DFT'S BY ATTY D. PARKER. PLANTIFF HAS FILED A MOTION FOR CONTINUANCE WITHOUT NOTICE OR HEARING. ATTY PARKER AGREES HIS MOTION TO DISMISS CAN BE SET FOR ANOTHER DAY. DFT'S MOTION TO DISMISS OR IN THE ALTERNATIVE TO MAKE MORE DEFINITE AND CERTAIN SET 03-02-2023 AT 10:00AM. MAP/mlh
  39. <td></td><td></td><td></td>
  40. Motion for Continuance (Docketed on 02-09-2023 at 09:45am) Plts Motion for Continuance; Electronic Filing Certificate of Service./ke Filed By: KRISTI SUZANNE FULNECKY On Behalf Of: BILLY ROBERTS
  41. <td></td><td></td><td></td>
  42. Notice of Hearing Filed (Docketed 02-01-2023 at 01:19pm) Dfts Notice of Hearing as to its Motion to Dismiss set for 02-16-2023 at 09:00am. Sent to DV24 on 02-01-2023 at 01:20pm; Electronic Filing Certificate of Service./ke Filed By: DOUGLAS ALAN PARKER On Behalf Of: SPRINGFIELD RESTORATION BRANCH OF JESUS CHRIST, PHIL ELDRED, DONNA ELDRED, LARRY RUST, SCOTT RUST, WAYNE EDSON
  43. <td></td><td></td><td></td>
  44. Judge Assigned Case assigned to Division 24. Sent to Court 1/27/23 at 9:07 am./kj
  45. <td></td><td></td><td></td>
  46. Order for Change of Judge Plaintiff's Motion for Change of Judge granted. Case to be reassigned. MJC/phm
  47. <td></td><td></td><td></td>
  48. Response Filed (Docketed on 01/13/2023 at 1434) Petitioners Response to Respondents Motion to Dismiss and Motion for a More Definitive Statement; Electronic Filing Certificate of Service. /jj Filed By: KRISTI SUZANNE FULNECKY On Behalf Of: BILLY ROBERTS
  49. <td></td><td></td><td></td>
  50. Motion for Change of Judge (Docketed 01-03-2023 at 04:90pm) Plts Motion for Change of Judge; Electronic Filing Certificate of Service./ke Filed By: KRISTI SUZANNE FULNECKY On Behalf Of: BILLY ROBERTS
  51. <td></td><td></td><td></td>
  52. Notice of Service Document ID - 22-SMCC-2498; Served To - SPRINGFIELD RESTORATION BRANCH OF JESUS CHRIST; Server - ; Served Date - 27-DEC-22; Served Time - 00:00:00; Service Type - Special Process Server; Reason Description - Served; Service Text - By leaving a copy with Donna Eldred
  53. Notice of Service Document ID - 22-SMCC-2504; Served To - EDSON, WAYNE; Server - ; Served Date - 27-DEC-22; Served Time - 00:00:00; Service Type - Special Process Server; Reason Description - Non-est; Service Text - Non-est Unable to Make Contact. Poss. our of state
  54. Summons Returned Non-Est Document ID - 22-SMCC-2502; Served To - RUST, SCOTT; Server - ; Served Date - 27-DEC-22; Served Time - 00:00:00; Service Type - Special Process Server; Reason Description - Non-est; Service Text - Non-Est Unable to make contact. Poss. out of state
  55. Family Member/Roommate Served Document ID - 22-SMCC-2499; Served To - ELDRED, PHIL; Server - ; Served Date - 27-DEC-22; Served Time - 00:00:00; Service Type - Special Process Server; Reason Description - Served; Service Text - By Leaving a copy with Donna Eldred
  56. Summons Personally Served Document ID - 22-SMCC-2500; Served To - ELDRED, DONNA; Server - ; Served Date - 27-DEC-22; Served Time - 00:00:00; Service Type - Special Process Server; Reason Description - Served
  57. Family Member/Roommate Served Document ID - 22-SMCC-2501; Served To - RUST, LARRY; Server - ; Served Date - 27-DEC-22; Served Time - 00:00:00; Service Type - Special Process Server; Reason Description - Served; Service Text - By Leaving a copy with Bonnie Rust
  58. <td></td><td></td><td></td>
  59. Motion to Dismiss (Docketed on 12/27/2022 at 1515) Dfts Motion to Dismiss and or Motion for More Definite and Certain Statement; Electronic Filing Certificate of Service. /jj Filed By: DOUGLAS ALAN PARKER On Behalf Of: SPRINGFIELD RESTORATION BRANCH OF JESUS CHRIST, PHIL ELDRED, DONNA ELDRED, LARRY RUST, SCOTT RUST, WAYNE EDSON
  60. <td></td><td></td><td></td>
  61. Summ Req-Circuit Pers Serv Filed By: KRISTI SUZANNE FULNECKY On Behalf Of: BILLY ROBERTS
  62. Summ Req-Circuit Pers Serv Filed By: KRISTI SUZANNE FULNECKY
  63. Summ Req-Circuit Pers Serv Filed By: KRISTI SUZANNE FULNECKY
  64. Notice of Service Filed By: KRISTI SUZANNE FULNECKY
  65. Notice of Service Filed By: KRISTI SUZANNE FULNECKY
  66. Notice of Service Filed By: KRISTI SUZANNE FULNECKY
  67. <td></td><td></td><td></td>
  68. Summons Issued-Circuit Document ID: 22-SMCC-2504, for EDSON, WAYNE. Summons saved and attached in PDF format for Attorney to retrieve from secure case.net./mt
  69. Summons Issued-Circuit Document ID: 22-SMCC-2502, for RUST, SCOTT. Summons saved and attached in PDF format for Attorney to retrieve from secure case.net./mt
  70. Summons Issued-Circuit Document ID: 22-SMCC-2501, for RUST, LARRY. Summons saved and attached in PDF format for Attorney to retrieve from secure case.net./mt
  71. Summons Issued-Circuit Document ID: 22-SMCC-2500, for ELDRED, DONNA. Summons saved and attached in PDF format for Attorney to retrieve from secure case.net./mt
  72. Summons Issued-Circuit Document ID: 22-SMCC-2499, for ELDRED, PHIL. Summons saved and attached in PDF format for Attorney to retrieve from secure case.net./mt
  73. Summons Issued-Circuit Document ID: 22-SMCC-2498, for SPRINGFIELD RESTORATION BRANCH OF JESUS CHRIST. Summons saved and attached in PDF format for Attorney to retrieve from secure case.net./mt
  74. <td></td><td></td><td></td>
  75. Filing Info Sheet eFiling Filed By: KRISTI SUZANNE FULNECKY
  76. Note to Clerk eFiling Filed By: KRISTI SUZANNE FULNECKY
  77. Pet Filed in Circuit Ct Roberts Complaint. Filed By: KRISTI SUZANNE FULNECKY On Behalf Of: BILLY ROBERTS

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