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Case Information

Filed 2022-12-13
Type Cc Declaratory Judgment
Docket 72 entries
Disposition dismissed

Parties

Plaintiff Brookdale Farms Enterprises, Llc|Sullian, Evan James
Defendant Brookdale Farms Inc
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. Case Mgmt Conf Scheduled Scheduled For: 11/25/2024; 9:00 AM; JOSEPH ALFRED RATHERT; Jefferson
  3. Hearing Continued/Rescheduled Associated Entries: 01/31/2024 - Hearing Continued/Rescheduled Associated Entries: 01/31/2024 - Case Mgmt Conf Scheduled Hearing Continued From: 03/18/2024; 9:00 AM Case Management Conference
  4. <td></td><td></td><td></td>
  5. Case Mgmt Conf Scheduled Associated Entries: 03/18/2024 - Hearing Continued/Rescheduled Scheduled For: 03/18/2024; 9:00 AM; JOSEPH ALFRED RATHERT; Jefferson
  6. Hearing Continued/Rescheduled Associated Entries: 12/11/2023 - Motion Hearing Scheduled Associated Entries: 03/18/2024 - Hearing Continued/Rescheduled Hearing Continued From: 01/31/2024; 9:00 AM Motion Hearing
  7. Order THE COURT GRANTS THE MOTION TO DISIMSS AND DENIES THE MOTION FOR SUMMARY JUDGMENT SEE FILE FOR ORDER SO ORDERED: JOSEPH A. RATHERT, CIRCUIT JUDGE DIV. ONE
  8. <td></td><td></td><td></td>
  9. Reply Reply of Defendant and CounterclaimThird-Party Crossclaim Plaintiff Brookdale Farms, Inc. in support of its Motion for Summary Judgment on its Counterclaim; Electronic Filing Certificate of Service. Filed By: HUGH A EASTWOOD On Behalf Of: BROOKDALE FARMS INC
  10. Response Filed Landlords Response and Objections to TENANT PARTIES STATEMENT OF ADDITIONAL MATERIAL FACTS; Exhibit F - Strake texts; Exhibit G - Strake emails; Exhibit H - Fourth Affidavit of Jerome W. Kirk; Electronic Filing Certificate of Service. Filed By: HUGH A EASTWOOD On Behalf Of: BROOKDALE FARMS INC
  11. <td></td><td></td><td></td>
  12. Response Filed Response to Defendants Statement of Uncontroverted Material Facts and their own Statement of Additional Material Facts; Exhibit 1 - Affidavit of Benjamin Strake; Exhibit 2 - Affidavit of Stephen Lillis and Exhibits; Electronic Filing Certificate of Service. Filed By: EVAN JAMES SULLIVAN On Behalf Of: BROOKDALE FARMS ENTERPRISES, LLC
  13. Response Filed Plaintiff and Cross Claim Defendants Opposition to Defendant and Cross Claimants Motion for Summary Judgment; Electronic Filing Certificate of Service. Filed By: EVAN JAMES SULLIVAN On Behalf Of: BROOKDALE FARMS ENTERPRISES, LLC
  14. Reply Petitioner and Third Party Defendants Reply in Support of its Motion to Dismiss; Electronic Filing Certificate of Service. Filed By: EVAN JAMES SULLIVAN On Behalf Of: BROOKDALE FARMS ENTERPRISES, LLC
  15. <td></td><td></td><td></td>
  16. Notice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: HUGH A EASTWOOD On Behalf Of: BROOKDALE FARMS INC
  17. Motion Hearing Scheduled Associated Entries: 01/31/2024 - Hearing Continued/Rescheduled Scheduled For: 01/31/2024; 9:00 AM; JOSEPH ALFRED RATHERT; Jefferson
  18. <td></td><td></td><td></td>
  19. Motion for Summary Judgment Defendant and CounterclaimCrossclaim Plaintiff Brookdale Farms, Inc.s Motion for Summary Judgment on its CounterclaimCrossclaim; Statement of Uncontroverted Material Facts in support of Defendant and CounterclaimCrossclaim-Plaintiff Brookdale Farms, Inc.s Motion for Summary Judgment on; Exhibit A - Lease; Exhibit B - Purchase Agreement; Exhibit C - Appraisal; Exhibit D - Kirk third Affidavit; Exhibit E - Proposed Judgment; Defendant and CounterclaimCrossclaim Plaintiff Brookdale Farms, Inc.s Suggestions in support of its Motion for Summary Judgment on its Counterclaim; Electronic Filing Certificate of Service. Filed By: HUGH A EASTWOOD On Behalf Of: BROOKDALE FARMS INC
  20. Suggestions in Opposition CounterclaimCrossclaim Plaintiff Brookdale Farms, Inc.s Opposition to the Motion to Dismiss filed by Counterclaim-Defendant Brookdale Farms Enterprises, LLC,; Electronic Filing Certificate of Service in response to Dismiss (motion) filed on 11/17/2023. Filed By: HUGH A EASTWOOD On Behalf Of: BROOKDALE FARMS INC Associated Entries: 11/17/2023 - Motion to Dismiss +
  21. <td></td><td></td><td></td>
  22. Motion to Dismiss Motion to Dismiss Defendant Brookdale Farms, Inc.s CounterclaimCrossclaim; Electronic Filing Certificate of Service. REVIEWED Filed By: EVAN JAMES SULLIVAN On Behalf Of: BROOKDALE FARMS ENTERPRISES, LLC Associated Entries: 11/27/2023 - Suggestions in Opposition +
  23. Entry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: EVAN JAMES SULLIVAN On Behalf Of: BROOKDALE FARMS ENTERPRISES, LLC
  24. <td></td><td></td><td></td>
  25. Answer Filed Answer, Affirmative Defenses and CounterclaimCrossclaim; Exhibit A - Lease Agreement; Exhibit B - Purchase Agreement; Exhibit C - Appraisal; Electronic Filing Certificate of Service. Filed By: HUGH A EASTWOOD On Behalf Of: BROOKDALE FARMS INC
  26. <td></td><td></td><td></td>
  27. Case Mgmt Conf Held Associated Entries: 06/27/2023 - Case Mgmt Conf Scheduled Scheduled For: 08/30/2023; 9:00 AM; JOSEPH ALFRED RATHERT; Jefferson
  28. Order COMES NOW THE PARTIES BY COUNSEL. CAUSE CALLED, HEARD, AND SUBMITTED. LANDLORD WITHDRAWS ITS MOTION TO DISMISS THE DECLATORY JUDGMENT ACTION BROUGHT BY TENENT. TENENT CALLS UP ITS MOTION TO DISMISS THE UNLAWFUL DETAINER ACTION. LANDLORD CALLS UP ITS MOTION FOR SUMMARY JUDGMENT. COURT GRANTS TENETS MOTION TO DISMISS, AND DENIES LANDLORDS MOTION FOR SUMMARY JUDGMENT AS MOOT. SO ORDERED: JOSEPH A. RATHERT, CIRCUIT JUDGE DIV. ONE
  29. <td></td><td></td><td></td>
  30. Entry of Appearance Filed Entry of Appearance - Christopher R. LaRose; Electronic Filing Certificate of Service. Filed By: CHRISTOPHER R LAROSE On Behalf Of: BROOKDALE FARMS ENTERPRISES, LLC
  31. <td></td><td></td><td></td>
  32. Notice of Hearing Filed Consent Notice of Hearing; Electronic Filing Certificate of Service. Filed By: HUGH A EASTWOOD On Behalf Of: BROOKDALE FARMS ENTERPRISES, LLC, BROOKDALE FARMS INC
  33. <td></td><td></td><td></td>
  34. Case Mgmt Conf Scheduled Associated Entries: 08/30/2023 - Case Mgmt Conf Held Scheduled For: 08/30/2023; 9:00 AM; JOSEPH ALFRED RATHERT; Jefferson
  35. <td></td><td></td><td></td>
  36. Hearing/Trial Cancelled Associated Entries: 04/28/2023 - Motion Hearing Scheduled Associated Entries: 04/28/2023 - Hearing Continued/Rescheduled Scheduled For: 05/23/2023; 11:00 AM; JOSEPH ALFRED RATHERT; Jefferson
  37. Motion Granted/Sustained JOINT MOTION FOR CONTINUANCE TO MEDIATE GRANTED SO ORDERED: JOSEPH A. RATHERT, CIRCUIT JUDGE DIV. ONE
  38. <td></td><td></td><td></td>
  39. Motion Hearing Scheduled Associated Entries: 05/11/2023 - Hearing/Trial Cancelled Scheduled For: 05/23/2023; 11:00 AM; JOSEPH ALFRED RATHERT; Jefferson
  40. Hearing Continued/Rescheduled Associated Entries: 02/14/2023 - Motion Hearing Scheduled Associated Entries: 05/11/2023 - Hearing/Trial Cancelled Hearing Continued From: 04/28/2023; 11:00 AM Motion Hearing
  41. <td></td><td></td><td></td>
  42. Reply Defendant-Landlord Brookdale Farms, Inc.s Reply in support of its Motion to Dismiss; Electronic Filing Certificate of Service. Filed By: HUGH A EASTWOOD On Behalf Of: BROOKDALE FARMS INC
  43. <td></td><td></td><td></td>
  44. Response Filed RESPONSE IN OPPOSITION OF DEFENDANT BROOKDALE FARMS, INC.S MOTION TO DISMISS; Electronic Filing Certificate of Service. Filed By: EVAN JAMES SULLIVAN On Behalf Of: BROOKDALE FARMS ENTERPRISES, LLC
  45. <td></td><td></td><td></td>
  46. Response Filed MEMO TO COURT REGARDING SUMMARY JUDGMENT REVIEWED BY JUDGE
  47. <td></td><td></td><td></td>
  48. Memorandum Filed Memorandum to the Court re Summary Judgment Filing, and Withdrawal of Motion for Summary Judgment filed in Case No. 22JE-CC0099; Electronic Filing Certificate of Service. SENT TO JUDGE Filed By: HUGH A EASTWOOD On Behalf Of: BROOKDALE FARMS INC
  49. <td></td><td></td><td></td>
  50. Returned Mail-Undeliverable NOTICE OF NEW COURT DATE RETURNED WITH NEW ADDRESS, UPDATED AND MAILED OUT. Filed By: EVAN JAMES SULLIVAN
  51. <td></td><td></td><td></td>
  52. Notice NOTICE SENT TO PARTIES
  53. Memorandum Filed CASE CALLED FOR SETTING. CONTINUED TO APRIL 28, 2023 FOR ALL PENDING MOTIONS AT 11 AM. SO ORDERED: JOSEPH A. RATHERT, CIRCUIT JUDGE DIV. ONE
  54. Motion Hearing Scheduled Associated Entries: 04/28/2023 - Hearing Continued/Rescheduled Scheduled For: 04/28/2023; 11:00 AM; JOSEPH ALFRED RATHERT; Jefferson
  55. <td></td><td></td><td></td>
  56. Motion for Summary Judgment Plaintiffs Motion for Partial Summary Judgment as to Possession; Memorandum of Law in Support of Plaintiffs Motion for Partial Summary Judgment as to Possession; Statement of Undisputed Material Facts in Support of Plaintiffs Motion for Partial Summary Judgment as to Possession; Exhibit 1 - Kirk Affidavit; Exhibit 2 - Lease; Exhibit 3 - Checks; Exhibit 4 - Insurance; Exhibit 5 - Written Demands; Exhibit 6 - Notice of Default, and Notice of Termination of Lease and Purchase Option; Exhibit 7 - Notice to Vacate; Plaintiffs Proposed ORDER and JUDGMENT; Electronic Filing Certificate of Service. Filed By: HUGH A EASTWOOD On Behalf Of: BROOKDALE FARMS INC
  57. <td></td><td></td><td></td>
  58. Suggestions in Opposition I. Defendant-Landlords Opposition to Motion to Consolidate Motion to Stay; Electronic Filing Certificate of Service. Filed By: HUGH A EASTWOOD On Behalf Of: BROOKDALE FARMS INC
  59. <td></td><td></td><td></td>
  60. Motion to Consolidate MOTION TO CONSOLIDATE ANDOR MOTION FOR STAY; Exhibit A; Exhibit B; Exhibit C; Electronic Filing Certificate of Service. Filed By: JONATHAN FORREST DALTON On Behalf Of: BROOKDALE FARMS ENTERPRISES, LLC
  61. <td></td><td></td><td></td>
  62. Response Filed REVIEWED MOTION TO DISMISS
  63. <td></td><td></td><td></td>
  64. Entry of Appearance Filed Entry of Appearance by Hugh A Eastwood; Electronic Filing Certificate of Service. Filed By: HUGH A EASTWOOD
  65. Motion to Dismiss Defendant-Landlord Brookdale Farms, Inc.s Motion to Dismiss; Ex 1 Verified Petition for Unlawful Detainer; Ex 1-1 Lease Agreement; Ex 1-2 Insurance Certificate; Ex 1-3 Notice of Default and Notice of Termination of Option and Lease; Ex 1-4 Notice to Vacate; Electronic Filing Certificate of Service. Filed By: HUGH A EASTWOOD On Behalf Of: BROOKDALE FARMS INC
  66. <td></td><td></td><td></td>
  67. Summons Issued-Circuit Document ID: 22-SMCC-1969, for BROOKDALE FARMS INC.
  68. Filing Info Sheet eFiling Filed By: EVAN JAMES SULLIVAN
  69. Pet Filed in Circuit Ct Petition for Declaratory Judgment and Other Relief; Exhibit A; Exhibit B; Exhibit C. On Behalf Of: BROOKDALE FARMS ENTERPRISES, LLC
  70. ummons Issued-Circuit Document ID: 22-SMCC-1969, for BROOKDALE FARMS INC.
  71. iling Info Sheet eFiling Filed By: EVAN JAMES SULLIVAN
  72. et Filed in Circuit Ct Petition for Declaratory Judgment and Other Relief; Exhibit A; Exhibit B; Exhibit C. On Behalf Of: BROOKDALE FARMS ENTERPRISES, LLC

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Full Analytics Report

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  • All docket entries
  • Related cases and filings
$20
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