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Case Information

Filed 2024-03-22
Type Cc Replevin
Docket 89 entries
Disposition disposed

Parties

Plaintiff Arsenal Credit Union|Casalone, Julie Kathleen|Tucker, Adam Daid|Berning, Grant|Johnson, Eric Stefan
Defendant Hausermann, Danielle
Photo of Hon. Harris Jeff

Judge

Hon. Harris Jeff

Boone County (MO)

Missouri

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Lawyers

Docket Entries

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  2. Summons Issued-Circuit Document ID: 24-SMCC-308, for HAUSERMANN, DANIELLE Attorneys are to print two copies of summons and issue for service.
  3. Order Parties are ordered to submit joint proposed scheduling order within 30 days of the date that an answer or pleading in response to the petition is filed. In addition to all customary deadlines, the scheduling order shall provide that jury instructions shall be filed two weeks before the date of the pretrial conference. RJH/II rl
  4. <td></td><td></td><td></td>
  5. Filing Info Sheet eFiling Filed By: JULIE KATHLEEN CASALONE
  6. Note to Clerk eFiling Filed By: JULIE KATHLEEN CASALONE
  7. Affidavit in Support of Pet Affidavit. Filed By: JULIE KATHLEEN CASALONE On Behalf Of: ARSENAL CREDIT UNION
  8. ubpoena Served 25-SUBP-76; Electronic Filing Certificate of Service. - SUBPOENA NOT SIGNED, SEALED, STAMPED BY THE CLERK. (ad)
  9. otice to Take Deposition Notice of Deposition of Dick Dean Economy Cars; Electronic Filing Certificate of Service. Filed By: MATTHEW C WILSON On Behalf Of: DANIELLE HAUSERMANN
  10. rder Having heard argument and reviewed the pleadings and all supplemental briefing, the Court denies the Motion of Arsenal Credit Union to Amend the Court's Order of Dec. 11, 2024 and to Issue a Protective Order. RJH/II (ad) Filed By: JEFF HARRIS Associated Entries: 01/29/2025 - Cause Taken Under Advisement +
  11. ause Taken Under Advisement Further, the pending motion to amend and for protective order is taken under advisement as of today, Jan. 29. RJH/II (ad) Filed By: JEFF HARRIS Associated Entries: 01/30/2025 - Order +
  12. rder Motion for leave to file a reply is granted. RJH/II (ad)
  13. roposed Order Filed Order; Electronic Filing Certificate of Service. Filed By: ERIC STEFAN JOHNSON On Behalf Of: ARSENAL CREDIT UNION
  14. otion for Leave ACU Motion for Leave to File a Reply in Support of its Motion to Amend the Courts Order of December 11 2024 and Issue a Protective Order; Exhibit A; Electronic Filing Certificate of Service. Filed By: ERIC STEFAN JOHNSON On Behalf Of: ARSENAL CREDIT UNION
  15. upplemental Filing Defendants Supplement to Her Suggestions in Opposition to Arsenal Credit Unions Motion to Amend December 11, 2024 Order; Exhibit A; Exhibit B; Exhibit C; Electronic Filing Certificate of Service. Filed By: MATTHEW C WILSON On Behalf Of: DANIELLE HAUSERMANN
  16. rder Protective Order signed this date. (ad) Filed By: JEFF HARRIS Associated Entries: 01/23/2025 - Cause Taken Under Advisement
  17. ause Taken Under Advisement Filed By: JEFF HARRIS Associated Entries: 01/23/2025 - Hearing Held + Associated Entries: 01/23/2025 - Order +
  18. earing Held Arsental by Johnson in person. Hausermann by Wilson in person. The Court grants without opposition Hausermann?s motion for protective order and signs the proposed protective order. The Court takes up and the parties argue the Motion of Arsenal to Amend and for Protective Order, and the Court takes that Motion under advisement as of today. RJH/II (ad) Associated Entries: 01/14/2025 - Hearing Scheduled + Associated Entries: 01/23/2025 - Cause Taken Under Advisement Scheduled For: 01/23/2025; 10:30 AM; JEFF HARRIS; Boone
  19. uggestions in Opposition Suggestions in Opposition to Plaintiffs Motion to Amend December 11, 2024 Order; Exhibit A; Exhibit B; Electronic Filing Certificate of Service. Filed By: MATTHEW C WILSON On Behalf Of: DANIELLE HAUSERMANN
  20. otice to Take Deposition Notice of Video Deposition of Plaintiff; Electronic Filing Certificate of Service. Filed By: MATTHEW C WILSON On Behalf Of: DANIELLE HAUSERMANN
  21. otice of Hearing Filed Notice of Hearing for January 23, 2025 at 1030 am; Electronic Filing Certificate of Service. Filed By: MATTHEW C WILSON On Behalf Of: DANIELLE HAUSERMANN
  22. roposed Order Filed Proposed Protective Order Regarding Third Party Consumer Information and Documents; Electronic Filing Certificate of Service. Filed By: MATTHEW C WILSON On Behalf Of: DANIELLE HAUSERMANN
  23. otion Filed Defendants Motion for Protective Order Regarding Third Party Consumer Information and Documents; Electronic Filing Certificate of Service. Filed By: MATTHEW C WILSON On Behalf Of: DANIELLE HAUSERMANN
  24. earing Scheduled remote video or in person Associated Entries: 01/23/2025 - Hearing Held + Scheduled For: 01/23/2025; 10:30 AM; JEFF HARRIS; Boone
  25. rder for Hearing Cause set for hearing on the Motion to Amend and for Protective Order on Jan. 23, 2025, 10:30 a.m., Division 2 by remote video or in person. The parties are advised that the hearing will have to be rescheduled if the Court is in a jury trial on that date. RJH/II (ad)
  26. uggestions in Support Suggestions in Support of Motion to Amend the Court Order of December 11, 2024, and to Issue a Protective Order; Exhibit 1; Exhibit 2; Exhibit 3; Exhibit 4; Electronic Filing Certificate of Service. Filed By: ERIC STEFAN JOHNSON On Behalf Of: ARSENAL CREDIT UNION
  27. otion Filed Motion to Amend the Court Order of December 11, 2024, and to Issue a Protective Order; Electronic Filing Certificate of Service. Filed By: ERIC STEFAN JOHNSON On Behalf Of: ARSENAL CREDIT UNION
  28. ummary Judgment Order Order granting partial summary judgment (ad)
  29. rder The Court, having reviewed Ms. Hausermann's Motion for Partial Summary Judgment and the legal authorities cited by the parties, and having heard argument, grants Ms. Hausermann's Motion for the reasons articulated by Ms. Hausermann. In granting the Motion, the Court finds that AmeriCredit Fin. Servs. v. Bell, ED112095 (Mo. App. Nov. 26, 2024) does not require a different result. See Boulevard Bank v. Malott, 397 S.W.3d 458 (Mo. App. 2013) (ambiguous "public/private sale" phrase failed to provide proper notice). By December 16, 2024, Ms. Hausermann shall email the Court a proposed Order in Word document form with copy to opposing counsel. The proposed Order shall include in detail the arguments set forth in Ms. Hausermann's pleadings. RJH/II (ad) Associated Entries: 12/09/2024 - Motion Hearing Held + Associated Entries: 12/09/2024 - Cause Taken Under Advisement
  30. rder The Court grants Ms. Hausermann's Motion to Enforce Discovery. Arsenal shall respond to the discovery in issue within 30 days of the date of this order. RJH/II (ad) Associated Entries: 12/09/2024 - Motion Hearing Held + Associated Entries: 12/09/2024 - Cause Taken Under Advisement
  31. ause Taken Under Advisement Associated Entries: 12/09/2024 - Motion Hearing Held + Associated Entries: 12/11/2024 - Order + Associated Entries: 12/11/2024 - Order +
  32. otion Hearing Held Arsenal by Johnson in person. Hausermann by Wilson in person and Moore in person. The Court takes up and takes under advisement as of today the Motion to Enforce and the Motion for Partial Summary Judgment. RJH/II (ad) Associated Entries: 11/26/2024 - Motion Hearing Scheduled Associated Entries: 12/09/2024 - Cause Taken Under Advisement Associated Entries: 12/11/2024 - Order + Associated Entries: 12/11/2024 - Order + Scheduled For: 12/09/2024; 8:30 AM; JEFF HARRIS; Boone
  33. esponse Filed Response in Opposition to Motion to Enforce Discovery; Exhibit A; Exhibit B; Exhibit C; Electronic Filing Certificate of Service. Filed By: ERIC STEFAN JOHNSON On Behalf Of: ARSENAL CREDIT UNION
  34. otice of Hearing Filed Notice of Hearing for December 9, 2024 at 830 a.m.; Electronic Filing Certificate of Service. Filed By: MATTHEW C WILSON On Behalf Of: DANIELLE HAUSERMANN
  35. eply Defendants Reply Suggestions In Support of Her Motion for Partial Summary Judgment; Electronic Filing Certificate of Service. Filed By: MATTHEW C WILSON On Behalf Of: DANIELLE HAUSERMANN
  36. ertificate of Service COS - ACUs Responses and Objections to Defendant Danielle Hausermanns Second Request for Admissions; Electronic Filing Certificate of Service. Filed By: ERIC STEFAN JOHNSON On Behalf Of: ARSENAL CREDIT UNION
  37. uggestions in Opposition ACUs Suggestions in Opposition to Defendant Danielle Hausermanns Motion for Partial Summary Judgment; Electronic Filing Certificate of Service. Filed By: ERIC STEFAN JOHNSON On Behalf Of: ARSENAL CREDIT UNION
  38. esponse Filed ACUs Response to Defendant Danielle Hausermanns Statement of Uncontroverted Material Facts in Support of Motion for Partial Summary Judgment; Electronic Filing Certificate of Service. Filed By: ERIC STEFAN JOHNSON On Behalf Of: ARSENAL CREDIT UNION
  39. otion Hearing Scheduled Associated Entries: 12/09/2024 - Motion Hearing Held + Scheduled For: 12/09/2024; 8:30 AM; JEFF HARRIS; Boone
  40. otice of Hearing Filed Notice of Hearing for December 9, 2024 at 830 a.m.; Electronic Filing Certificate of Service. Filed By: MATTHEW C WILSON On Behalf Of: DANIELLE HAUSERMANN
  41. roposed Order Filed Proposed Order on Defendants Motion to Enforce Discovery; Electronic Filing Certificate of Service. Filed By: MATTHEW C WILSON On Behalf Of: DANIELLE HAUSERMANN
  42. ot for Enfor of Discovery Defendants Motion to Enforce Discovery Regarding Her Second Interrogatories and Second Request for Production to Plaintiff; Exhibit A; Exhibit B; Exhibit C; Electronic Filing Certificate of Service. Filed By: MATTHEW C WILSON On Behalf Of: DANIELLE HAUSERMANN
  43. ntry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: ERIC STEFAN JOHNSON On Behalf Of: ARSENAL CREDIT UNION
  44. ertificate of Service Certificate of Service - ACUs Responses, Answers, and Objections to Defendants Second Request for Production of Documents and Interrogatories; Electronic Filing Certificate of Service. Filed By: GRANT BERNING On Behalf Of: ARSENAL CREDIT UNION
  45. nswer Filed Arsenal Credit Unions Answer and Affirmative Defenses to Counterclaim; Electronic Filing Certificate of Service. Filed By: GRANT BERNING On Behalf Of: ARSENAL CREDIT UNION
  46. ntry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: GRANT BERNING On Behalf Of: ARSENAL CREDIT UNION
  47. ert Serv of Req for Admission Certificate of Service of Defendants Second Request for Admissions to Plaintiff; Electronic Filing Certificate of Service. Filed By: MATTHEW C WILSON On Behalf Of: DANIELLE HAUSERMANN
  48. tmnt Uncon/Mater Facts Filed Defendants Statement of Uncontroverted Material Facts; Exhibit A; Exhibit B; Electronic Filing Certificate of Service. Filed By: MATTHEW C WILSON On Behalf Of: DANIELLE HAUSERMANN
  49. uggestions in Support Suggestions in Support of Defendants Motion for Partial Summary Judgment; Electronic Filing Certificate of Service. Filed By: MATTHEW C WILSON On Behalf Of: DANIELLE HAUSERMANN
  50. ertificate of Service Certificate of Service of Defendants Statement of Uncontroverted Material Facts; Electronic Filing Certificate of Service. Filed By: MATTHEW C WILSON On Behalf Of: DANIELLE HAUSERMANN
  51. roposed Order Filed Proposed Order on Defendants Motion for Partial Summary Judgment; Electronic Filing Certificate of Service. Filed By: MATTHEW C WILSON On Behalf Of: DANIELLE HAUSERMANN
  52. otion Filed Defendants Motion for Summary Judgment Regarding Count 2 of Her Counterclaim; Electronic Filing Certificate of Service. Filed By: MATTHEW C WILSON On Behalf Of: DANIELLE HAUSERMANN
  53. ert Serv Req Prod Docs Things Certificate of Service of Second Interrogatories and Second Request for Production of Documents to Plaintiff; Electronic Filing Certificate of Service. Filed By: MATTHEW C WILSON On Behalf Of: DANIELLE HAUSERMANN
  54. rder Arsenal by Tucker by video. Hausermann by Wilson in person. Over the objection of Arsenal, the Court grants Hausermann's Motion for Leave and the Amended Answer and Counterclaim are deemed filed as of today. In addition, the Court grants the oral Motion of Arsenal to amend its petition. RJH (ad) Associated Entries: 10/03/2024 - Motion Hearing Scheduled + Scheduled For: 10/21/2024; 8:30 AM; JEFF HARRIS; Boone
  55. otion Hearing Scheduled remote video or in person Associated Entries: 10/21/2024 - Order + Scheduled For: 10/21/2024; 8:30 AM; JEFF HARRIS; Boone
  56. rder for Hearing Cause set for hearing on motion for leave on October 21, 2024, 8:30 a.m., Division 2 by remote video or in person. RJH/II (ad)
  57. ther Proposed Document Filed Defendants Proposed First Amended Answer and Counterclaim; Exhibit A; Exhibit B; Exhibit C; Electronic Filing Certificate of Service. Filed By: MATTHEW C WILSON On Behalf Of: DANIELLE HAUSERMANN
  58. otion for Leave Defendants Motion for Leave to File First Amended Answer and Counterclaim; Electronic Filing Certificate of Service. Filed By: MATTHEW C WILSON On Behalf Of: DANIELLE HAUSERMANN
  59. ntry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: MATTHEW C WILSON On Behalf Of: DANIELLE HAUSERMANN
  60. ertificate of Service Certificate of Services of Defendants First Discovery Requests to Plaintiff; Electronic Filing Certificate of Service. Filed By: MITCHELL J MOORE On Behalf Of: DANIELLE HAUSERMANN
  61. onsent to Ruling Filed Consent to Ruling Granting Plaintiffs Motion for Continuance; Electronic Filing Certificate of Service. Filed By: MITCHELL J MOORE On Behalf Of: DANIELLE HAUSERMANN
  62. rder Motion to continue hearing granted. In addition, motion for leave to file out of time granted. RJH/II (ad)
  63. earing/Trial Cancelled Associated Entries: 06/05/2024 - Motion Hearing Scheduled + Scheduled For: 06/24/2024; 8:30 AM; JEFF HARRIS; Boone
  64. emorandum Filed Answers and Defenses; Electronic Filing Certificate of Service. Filed By: MITCHELL J MOORE On Behalf Of: DANIELLE HAUSERMANN
  65. ot for Leave to File Out/Time Motion for Leave to File Defenses and Answers out of Time; Electronic Filing Certificate of Service. Filed By: MITCHELL J MOORE On Behalf Of: DANIELLE HAUSERMANN
  66. ntry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: MITCHELL J MOORE On Behalf Of: DANIELLE HAUSERMANN
  67. otion for Continuance Motion to Continue Hearing on Motion for Default Judgment; Electronic Filing Certificate of Service. Filed By: ADAM DAVID TUCKER On Behalf Of: ARSENAL CREDIT UNION
  68. otion Hearing Scheduled Motion for Default Associated Entries: 06/21/2024 - Hearing/Trial Cancelled Scheduled For: 06/24/2024; 8:30 AM; JEFF HARRIS; Boone
  69. otion for Default Judgment Default Judgment; Electronic Filing Certificate of Service. Filed By: ADAM DAVID TUCKER On Behalf Of: ARSENAL CREDIT UNION
  70. otion for Default Judgment Notice of Hearing; Electronic Filing Certificate of Service. Filed By: ADAM DAVID TUCKER On Behalf Of: ARSENAL CREDIT UNION
  71. amily Member/Roommate Served Document ID - 24-SMCC-308; Served To - AUSTIN SWEET; Served Date - 04/03/2024; Served Time - 14:53:04; Service Type - SD; Reason Description - SERV; Service Text -
  72. udge/Clerk - Note ***NOTE TO ATTORNEY - Additional $7.92 due for mileage for service. Please remit to Boone County Circuit Clerk's Office (ad)
  73. otice of Service ARSENAL V HAUSERMANN 24BA-CV01378; Electronic Filing Certificate of Service.
  74. ummons Issued-Circuit Document ID: 24-SMCC-308, for HAUSERMANN, DANIELLE Attorneys are to print two copies of summons and issue for service.
  75. rder Parties are ordered to submit joint proposed scheduling order within 30 days of the date that an answer or pleading in response to the petition is filed. In addition to all customary deadlines, the scheduling order shall provide that jury instructions shall be filed two weeks before the date of the pretrial conference. RJH/II rl
  76. iling Info Sheet eFiling Filed By: JULIE KATHLEEN CASALONE
  77. ote to Clerk eFiling Filed By: JULIE KATHLEEN CASALONE
  78. ffidavit in Support of Pet Affidavit. Filed By: JULIE KATHLEEN CASALONE On Behalf Of: ARSENAL CREDIT UNION

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