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Case Information

Filed 2021-11-23
Type Cc Chpter 536 State Agcy Rvw
Docket 100 entries
Disposition Tried by Court-Civil

Parties

Defendant The Police Retirement System Of St Louis|Mcmichael, Zachary R|Luce, David Harold|Leopold, Wallace K.|Rice, Leo G|Mueller, Michael J.|Frederick, Michael A.|Zouglas, Samuel G.|Weindel, George P.|Fitzsimmons, Beverly|Kismer, Richard|Hunter, Ann M.
Photo of Hon. Whyte Joseph Patrick

Judge

Hon. Whyte Joseph Patrick

St. Louis city (MO)

Missouri

View Judge Profile

Docket Entries

  1. <td></td><td></td><td></td>
  2. Order of Dismissal COMES NOW Petitioner, Brian S. Bianchi, and dismisses his cause of action against Respondents, Police Retirement System of St. Louis, et al., with prejudice. Each party to pay own costs. So Ordered: Judge Michael F. Stelzer
  3. <td></td><td></td><td></td>
  4. Notice of Dismissal Stipulation for Dismissal; Electronic Filing Certificate of Service. Filed By: STEPHEN W. THURMER
  5. Motion Hearing Held Associated Entries: 03/22/2024 - Motion Hearing Scheduled Scheduled For: 04/12/2024; 9:00 AM; MICHAEL FRANCIS STELZER; City of St. Louis
  6. Order THE COURT, by consent of the parties, the Judgment dated January 3, 2024 is hereby vacated. The timely post-trial motion filed by Defendant included a motion to vacate (Rule 75.01) which the Court grants. The 1/3/24 Judgment is vacated. So Ordered: Judge Michael F. Stelzer
  7. <td></td><td></td><td></td>
  8. Motion Hearing Scheduled Associated Entries: 04/12/2024 - Motion Hearing Held Scheduled For: 04/12/2024; 9:00 AM; MICHAEL FRANCIS STELZER; City of St. Louis
  9. <td></td><td></td><td></td>
  10. Amended Notice of Hrng Filed Amended Notice of Hearing; Electronic Filing Certificate of Service. Filed By: ZACHARY R MCMICHAEL On Behalf Of: THE POLICE RETIREMENT SYSTEM OF ST LOUIS, WALLACE K. LEOPOLD, LEO G RICE, MICHAEL J. MUELLER, MICHAEL A. FREDERICK, SAMUEL G. ZOUGLAS, GEORGE P. WEINDEL, BEVERLY FITZSIMMONS, RICHARD KISMER, ANN M. HUNTER
  11. <td></td><td></td><td></td>
  12. Response Filed Petitioner Bianchis Memorandum in Opposition to Respondents Motion for New Trial, to Vacate, andor Amend Judgment Dated January 3, 2024; Electronic Filing Certificate of Service. Filed By: RICHARD JOSEPH LECINSKI On Behalf Of: BRIAN S BIANCHI
  13. <td></td><td></td><td></td>
  14. Notice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: ZACHARY R MCMICHAEL On Behalf Of: THE POLICE RETIREMENT SYSTEM OF ST LOUIS, WALLACE K. LEOPOLD, LEO G RICE, MICHAEL J. MUELLER, MICHAEL A. FREDERICK, SAMUEL G. ZOUGLAS, GEORGE P. WEINDEL, BEVERLY FITZSIMMONS, RICHARD KISMER, ANN M. HUNTER
  15. <td></td><td></td><td></td>
  16. Ord Transfer P/Judge for Assn Cause re assigned to the Honorable Michael Stelzer in division # 06 for all further proceedings. So Ordered: Christopher McGraugh, Duty Judge
  17. Judge Assigned
  18. <td></td><td></td><td></td>
  19. Motion of Withdrawl of Counsel Motion to Withdraw; Electronic Filing Certificate of Service. Filed By: DIANA ROSE MALLON On Behalf Of: THE POLICE RETIREMENT SYSTEM OF ST LOUIS
  20. <td></td><td></td><td></td>
  21. Motion for New Trial Respondents Motion for New Trial, to Vacate, andor to Amend Judgment Dated January 3, 2024; Exhibit A; Electronic Filing Certificate of Service. Filed By: ZACHARY R MCMICHAEL On Behalf Of: THE POLICE RETIREMENT SYSTEM OF ST LOUIS, WALLACE K. LEOPOLD, LEO G RICE, MICHAEL J. MUELLER, MICHAEL A. FREDERICK, SAMUEL G. ZOUGLAS, GEORGE P. WEINDEL, BEVERLY FITZSIMMONS, RICHARD KISMER, ANN M. HUNTER
  22. <td></td><td></td><td></td>
  23. Judgment Entered THEREFORE, it is Ordered and Decreed, for the reasons stated herein, that Petitioner Brian S. Bianchi's Petition to Review Decision of Administrative Agency is GRANTED. The decision of the Police Retirement System of St. Louis denying Plaintiff Brian S. Bianchi's application for service-connected accidental disability pursuant to 86.263 , or ordinary disability retirement, pursuant to 86.257, is REVISED and REMANDED for further proceedings as set out within this Judgment. (SEE FULL ORDER FOR DETAILS) So Ordered: Judge Michael Stelzer
  24. Tried by Court-Civil
  25. <td></td><td></td><td></td>
  26. Order On 7/27/22 this Court, at the request of trial counsel, sealed some of the records in this case. This Case is now being heard by the Honorable Michael Stelzer. The physical records that were ordered sealed by Div. 20 are hereby ordered transferred to Div. 6 for further proceedings. So Ordered: Judge Joan Moriarty
  27. Order On 07/27/2022 this Court, at the request of trial counsel, sealed some of the records in this case. This case is now being heard by the Honorable Michael Stelzer. The physical records that were ordered sealed by Division 20 are hereby ordered transferred to Division 6 for further proceedings. SO ORDERED: Judge Joan L. Moriarty, #33057
  28. <td></td><td></td><td></td>
  29. Cause Taken Under Advisement Cause called on Petitioner's Petition. Argument heard. Cause taken under submission. So Ordered: Judge Michael F. Stelzer
  30. Counsel Status Hearing Held Associated Entries: 06/27/2023 - Hearing Continued/Rescheduled + Associated Entries: 06/27/2023 - Counsel Status Hrng Scheduled Scheduled For: 07/25/2023; 10:30 AM; MICHAEL FRANCIS STELZER; City of St. Louis
  31. <td></td><td></td><td></td>
  32. Filing of Briefs Reply Brief of Petitioner Brian Bianchi; Electronic Filing Certificate of Service. Filed By: RICHARD JOSEPH LECINSKI On Behalf Of: BRIAN S BIANCHI
  33. <td></td><td></td><td></td>
  34. Counsel Status Hrng Scheduled Associated Entries: 07/25/2023 - Counsel Status Hearing Held Scheduled For: 07/25/2023; 10:30 AM; MICHAEL FRANCIS STELZER; City of St. Louis
  35. Hearing Continued/Rescheduled Continuance Reason - Request of Court; Continuance Requestor - Joint Associated Entries: 05/23/2023 - Counsel Status Hrng Scheduled Associated Entries: 07/25/2023 - Counsel Status Hearing Held Hearing Continued From: 06/27/2023; 9:00 AM Counsel Status Hearing
  36. <td></td><td></td><td></td>
  37. Motion for Extension of Time Petitioners Consent Motion for Extension of Time to File Reply Brief; Electronic Filing Certificate of Service. Filed By: RICHARD JOSEPH LECINSKI On Behalf Of: BRIAN S BIANCHI
  38. <td></td><td></td><td></td>
  39. Filing of Briefs Respondents Brief; Electronic Filing Certificate of Service. Filed By: ZACHARY R MCMICHAEL On Behalf Of: THE POLICE RETIREMENT SYSTEM OF ST LOUIS, WALLACE K. LEOPOLD, LEO G RICE, MICHAEL J. MUELLER, MICHAEL A. FREDERICK, SAMUEL G. ZOUGLAS, GEORGE P. WEINDEL, BEVERLY FITZSIMMONS, RICHARD KISMER, ANN M. HUNTER
  40. <td></td><td></td><td></td>
  41. Counsel Status Hrng Scheduled Associated Entries: 06/27/2023 - Hearing Continued/Rescheduled + Scheduled For: 06/27/2023; 9:00 AM; MICHAEL FRANCIS STELZER; City of St. Louis
  42. Order Granting Ext of Time RESPONDENT'S CONSENT MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF CASESET 6/27/23 9:00 AM TO SELECT A DATE FOR ORAL ARGUMENT SO ORDERED: JUDGE MICHAEL F. STELZER
  43. <td></td><td></td><td></td>
  44. Motion for Extension of Time Consent Motion for Extension of Time; Electronic Filing Certificate of Service. Filed By: ZACHARY R MCMICHAEL On Behalf Of: THE POLICE RETIREMENT SYSTEM OF ST LOUIS, WALLACE K. LEOPOLD, LEO G RICE, MICHAEL J. MUELLER, MICHAEL A. FREDERICK, SAMUEL G. ZOUGLAS, GEORGE P. WEINDEL, BEVERLY FITZSIMMONS, RICHARD KISMER, ANN M. HUNTER
  45. <td></td><td></td><td></td>
  46. Entry of Appearance Filed Substitution of Counsel; Electronic Filing Certificate of Service. Filed By: DIANA ROSE MALLON On Behalf Of: THE POLICE RETIREMENT SYSTEM OF ST LOUIS, WALLACE K. LEOPOLD, LEO G RICE, MICHAEL J. MUELLER, MICHAEL A. FREDERICK, SAMUEL G. ZOUGLAS, GEORGE P. WEINDEL, BEVERLY FITZSIMMONS, RICHARD KISMER, ANN M. HUNTER
  47. <td></td><td></td><td></td>
  48. Entry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: ZACHARY R MCMICHAEL On Behalf Of: THE POLICE RETIREMENT SYSTEM OF ST LOUIS, WALLACE K. LEOPOLD, LEO G RICE, MICHAEL J. MUELLER, MICHAEL A. FREDERICK, SAMUEL G. ZOUGLAS, GEORGE P. WEINDEL, BEVERLY FITZSIMMONS, RICHARD KISMER, ANN M. HUNTER
  49. Entry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: DAVID HAROLD LUCE On Behalf Of: THE POLICE RETIREMENT SYSTEM OF ST LOUIS, WALLACE K. LEOPOLD, LEO G RICE, MICHAEL J. MUELLER, MICHAEL A. FREDERICK, SAMUEL G. ZOUGLAS, GEORGE P. WEINDEL, BEVERLY FITZSIMMONS, RICHARD KISMER, ANN M. HUNTER
  50. <td></td><td></td><td></td>
  51. Filing of Briefs Brief of Petitioner Brian Bianchi; Electronic Filing Certificate of Service. Filed By: RICHARD JOSEPH LECINSKI On Behalf Of: BRIAN S BIANCHI
  52. <td></td><td></td><td></td>
  53. Motion of Withdrawl of Counsel Motion of Withdrawl of Counsel. Filed By: STEVEN KRATKY On Behalf Of: THE POLICE RETIREMENT SYSTEM OF ST LOUIS, WALLACE K. LEOPOLD, LEO G RICE, MICHAEL J. MUELLER, MICHAEL A. FREDERICK, SAMUEL G. ZOUGLAS, GEORGE P. WEINDEL, BEVERLY FITZSIMMONS, RICHARD KISMER, ANN M. HUNTER
  54. Entry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: DAVID HAROLD LUCE On Behalf Of: THE POLICE RETIREMENT SYSTEM OF ST LOUIS
  55. Entry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: ZACHARY R MCMICHAEL On Behalf Of: THE POLICE RETIREMENT SYSTEM OF ST LOUIS
  56. <td></td><td></td><td></td>
  57. Hearing Scheduled Scheduled For: 05/23/2023; 9:00 AM; MICHAEL FRANCIS STELZER; City of St. Louis
  58. Hearing Continued/Rescheduled Associated Entries: 01/12/2023 - Counsel Status Hrng Scheduled Hearing Continued From: 02/21/2023; 9:00 AM Counsel Status Hearing
  59. Order 1. Brian Bianchi's Brief due by 3/27/23. 2. Police Retirement System Brief due by 4/27/23. 3. Brian Bianchi's Reply Brief due by 5/12/23. 4. Hearing to be held on 5/23/23 at 9am. So Ordered: Judge Michael Stelzer #40716
  60. <td></td><td></td><td></td>
  61. Counsel Status Hrng Scheduled Associated Entries: 02/21/2023 - Hearing Continued/Rescheduled Scheduled For: 02/21/2023; 9:00 AM; MICHAEL FRANCIS STELZER; City of St. Louis
  62. Order Cause is hereby set for Status Conference on 2/21/23 at 9am in Div. 6. So Ordered: Judge Michael Stelzer #40716
  63. <td></td><td></td><td></td>
  64. Hearing/Trial Cancelled Associated Entries: 11/15/2022 - Hearing Scheduled Scheduled For: 12/07/2022; 11:30 AM; MICHAEL J COLONA; Carnahan Courthouse
  65. <td></td><td></td><td></td>
  66. Hearing Scheduled Associated Entries: 12/06/2022 - Hearing/Trial Cancelled Scheduled For: 12/07/2022; 11:30 AM; MICHAEL J COLONA; Carnahan Courthouse
  67. Scheduled in Error Associated Entries: 11/15/2022 - Civil Motion Hearing Scheduled Scheduled For: 12/07/2022; 11:30 AM; MICHAEL J COLONA; Carnahan Courthouse
  68. Civil Motion Hearing Scheduled Associated Entries: 11/15/2022 - Scheduled in Error Scheduled For: 12/07/2022; 11:30 AM; MICHAEL J COLONA; Carnahan Courthouse
  69. <td></td><td></td><td></td>
  70. Notice of Hearing Filed Notice of Hearing on December 7, 2022 at 1130AM; Electronic Filing Certificate of Service. Filed By: RICHARD JOSEPH LECINSKI On Behalf Of: BRIAN S BIANCHI
  71. <td></td><td></td><td></td>
  72. Order Granting Ext of Time MOTION FOR EXTENSION OF TIME AND TO CONTINUE HEARING SO ORDERED: Judge Joan Moriarty
  73. Hearing/Trial Cancelled Associated Entries: 07/13/2022 - Hearing Scheduled + Scheduled For: 09/29/2022; 1:00 PM; JOAN L MORIARTY; Carnahan Courthouse
  74. Motion for Extension of Time Motion to Extend Time and Continue Hearing; Electronic Filing Certificate of Service. Filed By: STEVEN KRATKY On Behalf Of: THE POLICE RETIREMENT SYSTEM OF ST LOUIS, WALLACE K. LEOPOLD, LEO G RICE, MICHAEL J. MUELLER, MICHAEL A. FREDERICK, SAMUEL G. ZOUGLAS, GEORGE P. WEINDEL, BEVERLY FITZSIMMONS, RICHARD KISMER, ANN M. HUNTER
  75. <td></td><td></td><td></td>
  76. Order JOINT MOTION TO SEAL THE INDEX AND RECORD OF ADMINISTRATIVE PROCEEDINGS SO ORDERED: Judge Joan Moriarty
  77. <td></td><td></td><td></td>
  78. Entry of Appearance Filed Entry of Appearance as Co-Counsel for Petitioner; Electronic Filing Certificate of Service. Filed By: RICHARD JOSEPH LECINSKI On Behalf Of: BRIAN S BIANCHI
  79. Motion to Seal Casefile Joint Motion to Seal Record; Exhibit 1 - AG Op 42-86Investigative Reports; Electronic Filing Certificate of Service. Filed By: STEPHEN W. THURMER On Behalf Of: BRIAN S BIANCHI, THE POLICE RETIREMENT SYSTEM OF ST LOUIS, WALLACE K. LEOPOLD, LEO G RICE, MICHAEL J. MUELLER, MICHAEL A. FREDERICK, SAMUEL G. ZOUGLAS, GEORGE P. WEINDEL, BEVERLY FITZSIMMONS, RICHARD KISMER, ANN M. HUNTER
  80. Order AS PER ATTACHED ORDER SO ORDERED: Judge Joan Moriarty
  81. Filing: Joint Stip to Record
  82. Filing: Index
  83. <td></td><td></td><td></td>
  84. Hearing Scheduled JOINT MOTION TO CONTINUE FOR ORAL ARGUMENTS ON SEPTEMBER 29, 2022 @ 1:00 P.M. AND SCHEDULING ORDER SO ORDERED: Judge Joan Moriarty Associated Entries: 09/27/2022 - Hearing/Trial Cancelled Scheduled For: 09/29/2022; 1:00 PM; JOAN L MORIARTY; Carnahan Courthouse
  85. Counsel Status Hearing Held Associated Entries: 03/21/2022 - Hearing Continued/Rescheduled + Associated Entries: 03/21/2022 - Counsel Status Hrng Scheduled Scheduled For: 07/11/2022; 9:00 AM; JOAN L MORIARTY; Carnahan Courthouse
  86. <td></td><td></td><td></td>
  87. Motion for Continuance JOINT MOTION TO CONTINUE FOR ORAL ARGUMENTS ON SEPTEMBER 29, 2022 1PM AND SCHEDULING ORDER; Electronic Filing Certificate of Service. Filed By: STEPHEN W. THURMER On Behalf Of: BRIAN S BIANCHI, THE POLICE RETIREMENT SYSTEM OF ST LOUIS, WALLACE K. LEOPOLD, LEO G RICE, MICHAEL J. MUELLER, MICHAEL A. FREDERICK, SAMUEL G. ZOUGLAS, GEORGE P. WEINDEL, BEVERLY FITZSIMMONS, RICHARD KISMER, ANN M. HUNTER
  88. <td></td><td></td><td></td>
  89. Counsel Status Hrng Scheduled Associated Entries: 07/13/2022 - Counsel Status Hearing Held Scheduled For: 07/11/2022; 9:00 AM; JOAN L MORIARTY; Carnahan Courthouse
  90. Hearing Continued/Rescheduled Continuance Reason - Request of Court; Continuance Requestor - Joint Associated Entries: 12/20/2021 - Counsel Status Hrng Scheduled Associated Entries: 07/13/2022 - Counsel Status Hearing Held Hearing Continued From: 03/21/2022; 9:00 AM Counsel Status Hearing
  91. Motion for Continuance JOINT MOTION TO CONTINUE STATUS CONFERENCE TO JULY 11, 2022 9AM AND SCHEDULING ORDER; Electronic Filing Certificate of Service. Filed By: STEPHEN W. THURMER On Behalf Of: BRIAN S BIANCHI, THE POLICE RETIREMENT SYSTEM OF ST LOUIS, WALLACE K. LEOPOLD, LEO G RICE, MICHAEL J. MUELLER, MICHAEL A. FREDERICK, SAMUEL G. ZOUGLAS, GEORGE P. WEINDEL, BEVERLY FITZSIMMONS, RICHARD KISMER, ANN M. HUNTER
  92. <td></td><td></td><td></td>
  93. Order The above-mentioned is hereby set for Status Conference on March 21, 2022 @ 9 AM. This hearing will be conducted on Webex Video Conference Platform. Parties are required to appear on the hearing date at the scheduled time online or by telephone. Div. 20 hearings may be attended using a web browser to access the following Uniform Resource Locator (URL): https://mocourts.webex.com/meet/joan.moriarty or be calling 1-408-418-9388 and entering meeting number 960 213 407. When appearing by video, you are appearing in a courtroom. Attorneys must dress for court. All others are reminded that appropriate attire and behavior are required. So Ordered: Judge Joan L. Moriarty
  94. Counsel Status Hrng Scheduled Associated Entries: 03/21/2022 - Hearing Continued/Rescheduled + Scheduled For: 03/21/2022; 9:00 AM; JOAN L MORIARTY; Carnahan Courthouse
  95. Answer Filed Answer to Plaintiffs Petition; Electronic Filing Certificate of Service in response to Circuit Court filed on 11/23/2021. Filed By: STEVEN KRATKY On Behalf Of: THE POLICE RETIREMENT SYSTEM OF ST LOUIS, WALLACE K. LEOPOLD, LEO G RICE, MICHAEL J. MUELLER, MICHAEL A. FREDERICK, SAMUEL G. ZOUGLAS, GEORGE P. WEINDEL, BEVERLY FITZSIMMONS, RICHARD KISMER, ANN M. HUNTER
  96. <td></td><td></td><td></td>
  97. Notice A NOTICE OF FILING
  98. <td></td><td></td><td></td>
  99. Confid Filing Info Sheet Filed Filed By: STEPHEN W. THURMER
  100. Pet Filed in Circuit Ct Petition to Review Decision of Administrative Agency. Filed By: STEPHEN W. THURMER On Behalf Of: BRIAN S BIANCHI Associated Entries: 11/23/2021 - Pet Filed in Circuit Ct + Associated Entries: 11/23/2021 - Pet Filed in Circuit Ct +

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