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- Order The Court has before it Defendant Gregory Wayne Jr.'s Motion to Reconsider, or in the Alternative, Motion to Conform Evidence to Testimony. The Court now rules as follows. This cause was tried before the Court on Verified Petition for Quiet Title of Plaintiff Charlene Bryant ("Plaintiff") against Defendants Gregory Wayne Jr., Antoinette Simmons, and Marilyn Buck ("Defendants"), on Defendants' Motion to Correct Deed, and on Defendants Marilyn Buck and Antoinette Simmons' Cross claim to Discover Location of Assets. On October 16, 2024, judgment was entered in favor of Plaintiff and against Defendants Gregory Wayne Jr., Antoinette Simmons, and Marilyn Buck on Plaintiff's Verified Petition for Quiet Title. Legal title to the real property located at 5338 Queens Avenue, St. Louis, Missouri 63115 (the "Property") was quieted to Plaintiff, Markquis Rainell Bryant, Defendant Antoinette Simmons, and Defendant Marilyn Buck with each to hold 25% interest in the Property as tenants in common. The quitclaim deed recorded on August 17, 2017 in book 08172017, Page 0090 by the Recorder of Deeds of the City of St. Louis was declared void as to the Property. The quitclaim deed recorded in Book 08122020, Page 0140 by the Recorder of Deeds of the City of St. Louis on August 12, 2020 was also declared void as to the Property. Defendants' Motion to Correct Deed was denied, and judgment was entered in favor of Plaintiff and against Defendants Marilyn Buck and Antoinette Simmons on the Crossclaim to Discover Location of Assets. On October 30, 2023, Defendant Gregory Wayne Jr. ("Defendat Wayne") filed his Motion to Reconsider, or in the Alternative, Motion to Conform Evidence to Testimony. Defendant Wayne argues that the Court found evidence of expenses and taxes paid by Defendant Wayne in the amount of $9,861.51 but found that no claim of relief was asserted by Defendant Wayne. Defendant Wayne argues that the Court overlooked the Verified Answer of Defendant Wayne, filed on October 5, 2021, wherein Defendant Wayne requested that he be declared the present owner of the Property. Defendant Wayne further notes that the evidence presented regarding the expenses and taxes borne by Defendant Wayne was received without objection and remains uncontroverted. Defendant Wayne requests that the Court reconsider the evidence or conform the evidence to the pleadings and "declare a valid lien interest of Defendant Wayne in the amount of $9,861.51" plus prejudgment interest. On November 8, 2023, Plaintiff filed her Response in opposition to the Motion to reconsider, or in the Alternative, Motion to Conform Evidence to testimony. Plaintiff argues that "any retroactive insertion of new claims or modification to the judgment. would be improper." Plaintiff notes that such claims were not properly before the Court, as they were not set forth in any pleadings and were not implied or expressly tried. In the October 16, 2023 Judgment, the Court stated that Defendant Wayne testified at trial that he made improvements on the Property beginning in August 2020 totaling $8683.21 and that he paid the property taxes on the Property totaling $1,178.30. The Court, however, found: Although Defendant Gregory Wayne, Jr. presented evidence at trial of purported expenses related to the Property, there were no claims for relief asserted by Defendant Gregory Wayne, Jr. in this matter prior to the trial relating to expenses regarding the Property. Therefore any evidence presented at the trial relating to the recovery of damages by Defendant Gregory Wayne Jr. was not properly before the Court and will not be considered. Defendants in their answer requested that Defendant Wayne be declared the owner of the Property. At trial, Defendants argued that the August 12. 2020 quitclaim deed signed by Defendant Marilyn Buck gave the Property to Defendant Wayne. Defendant Wayne testified at trial that he wanted to sell the property and that he made improvements and paid taxes on the Property. Th
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- Cause Taken Under Advisement Cause called on Defendants Wayne's motion to reconsider and in the alternative, motion to confirm pleadings to evidence. Parties appear by counsel. Heard and submitted. SO ORDERED: Judge Joan L. Moriarty
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- Affidavit Filed Affidavit of Charlene Bryant; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK GABRIS On Behalf Of: GREGORY WAYNE JR
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- Motion Hearing Scheduled Scheduled For: 11/14/2023; 9:30 AM; JOAN L MORIARTY; Carnahan Courthouse
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- Response Filed PLAINTIFFS RESPONSE TO MOTION TO RECONSIDER ANDOR MOTION TO CONFORM EVIDENCE TO TESTIMONY; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK GABRIS On Behalf Of: CHARLENE BRYANT
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- Motion Filed MOTION TO RECONSIDER AND IN THE ALTERNATIVE, MOTION ; Electronic Filing Certificate of Service. Filed By: STEPHEN JOSEPH NANGLE On Behalf Of: GREGORY WAYNE JR
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- Judge/Clerk - Note FINDINGS OF FACT, CONCLUSIONSOF LAW, AND JUDGMENT CERTIFIED FOR CHARLENE BRYANT
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- Judgment Entered AS PER ATTACHED ORDER SO ORDERED: Judge Joan L. Moriarty, #33057
- Judgment Entered AS PER ATTACHED ORDER SO ORDERED: Judge Joan L. Moriarty, #33057
- Judgment Entered AS PER ATTACHED ORDER SO ORDERED: Judge Joan L. Moriarty, #33057
- Judgment Entered AS PER ATTACHED ORDER SO ORDERED: Judge Joan L. Moriarty, #33057
- Tried by Court-Civil
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- Order SUBSTITUTION OF COUNSEL/CHANGE OF FIRM SO ORDERED: Judge Joan L. Moriarty, #33057
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- Motion for Sub of Counsel SUBSTITUTION OF COUNSELCHANGE OF FIRM; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK GABRIS On Behalf Of: GREGORY WAYNE JR , MARKQUIS RAINELL BRYANT, ANTOINETTE SIMMONS, MARILYN BUCK
- Notc Change of Address Filed Memorandum; Electronic Filing Certificate of Service. Filed By: STEPHEN JOSEPH NANGLE On Behalf Of: GREGORY WAYNE JR , MARKQUIS RAINELL BRYANT, ANTOINETTE SIMMONS, MARILYN BUCK
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- Propsd/Sugg Findings of Fact Plaintiffs Proposed Findings of Fact and Conclusions of Law; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK GABRIS On Behalf Of: CHARLENE BRYANT
- Propsd/Sugg Findings of Fact PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW; Electronic Filing Certificate of Service. Filed By: STEPHEN JOSEPH NANGLE On Behalf Of: GREGORY WAYNE JR , MARILYN BUCK
- Motion Filed MOTION TO SUPPLEMENT RECORD ANDOR ORDER NUNC PRO TUNC; Exhibit A; Exhibit B; Exhibit C; Exhibit G; Electronic Filing Certificate of Service. Filed By: STEPHEN JOSEPH NANGLE On Behalf Of: GREGORY WAYNE JR , MARILYN BUCK
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- Order MOTION TO CONTINUE FILING SO ORDERED: Judge Joan L. Moriarty, #33057
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- Motion for Continuance Motion to Continue Filing Date by Consent; Electronic Filing Certificate of Service. Filed By: STEPHEN JOSEPH NANGLE On Behalf Of: GREGORY WAYNE JR , MARILYN BUCK
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- Bench Trial Held Associated Entries: 01/18/2023 - Hearing Scheduled + Scheduled For: 04/13/2023; 10:00 AM; JOAN L MORIARTY; Carnahan Courthouse
- Filing: ON-THE-RECORD CASE INFORMATION SO ORDERED: Judge Joan L. Moriarty, #33057
- Filing: Exhibit List Filed SO ORDERED: Judge Joan L. Moriarty
- Trial Minutes Filed Cause resumes for Bench Trial on April 13, 2023 at 10:00 a.m. Defendant's Attorney Mr. Stephen J. Nangle calls Defense witness Ms. Marylin Buck and was subject to cross examination by Mr. Daniel P. Gabris and redirect. Defendant moves for the admission of Defendant's exhibits. Defendant rests. The Court directs the parties to prepare Findings of Facts and Conclusions of Law and file same on Monday, May 22nd, 2023. At that time the Court will take the matter under submission. Court adjourned at 11:18 a.m. SO ORDERED: Judge Joan L. Moriarty, #33057
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- Hearing Scheduled This cause is hereby set for hearing on Thursday, April 13, 2023 at 10:00 a.m. SO ORDERED: Judge Joan L. Moriarty, #33057 Associated Entries: 04/13/2023 - Bench Trial Held Scheduled For: 04/13/2023; 10:00 AM; JOAN L MORIARTY; Carnahan Courthouse
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- Hearing/Trial Cancelled Associated Entries: 01/03/2023 - Hearing Continued/Rescheduled Associated Entries: 01/03/2023 - Counsel Status Hrng Scheduled Scheduled For: 01/11/2023; 9:00 AM; MICHAEL FRANCIS STELZER; City of St. Louis
- Order This case was incorrectly assigned to Div. 6; it should have remained with Div. 20. So Ordered: Judge Michael Stelzer #40716
- Judge Assigned
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- Counsel Status Hrng Scheduled Associated Entries: 01/11/2023 - Hearing/Trial Cancelled Scheduled For: 01/11/2023; 9:00 AM; MICHAEL FRANCIS STELZER; City of St. Louis
- Hearing Continued/Rescheduled Associated Entries: 09/16/2022 - Counsel Status Hrng Scheduled + Associated Entries: 01/11/2023 - Hearing/Trial Cancelled Hearing Continued From: 01/09/2023; 9:00 AM Counsel Status Hearing
- Order for Continuance Cause is hereby continued for Status to 1/11/23 at 9am in Div. 6. So Ordered: Judge Michael Stelzer #40716
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- Counsel Status Hrng Scheduled This cause has been called up to Civil/Equity Docket of Division 20, Judge Joan Moriarty Presiding. This case is scheduled for a status conference on January 9, 2023 at 9:00 a.m. This will be an in-person hearing. SO ORDERED: Judge Joan Moriarty Associated Entries: 01/03/2023 - Hearing Continued/Rescheduled Scheduled For: 01/09/2023; 9:00 AM; MICHAEL FRANCIS STELZER; Carnahan Courthouse
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- Order HEARING MINUTES & EXHIBIT LIST
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- Motion Hearing Held Associated Entries: 03/15/2022 - Motion Hearing Scheduled Scheduled For: 08/29/2022; 1:30 PM; JOAN L MORIARTY; Carnahan Courthouse
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- Subpoena Requested Subpoena To Custodian of Record Collectors Office; Electronic Filing Certificate of Service. Filed By: STEPHEN JOSEPH NANGLE On Behalf Of: GREGORY WAYNE JR , MARILYN BUCK
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- Subpoena Served Notice of Service of Subpoena; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK GABRIS On Behalf Of: CHARLENE BRYANT
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- Order MOTION TO ACCOMMODATE CONVALESCING WITNESS MOTION GRANTED SO ORDERED: Judge Joan Moriarty
- Motion Filed Motion to Accommodate Zoom Witness; Exhibit 1; Electronic Filing Certificate of Service. Filed By: STEPHEN JOSEPH NANGLE On Behalf Of: GREGORY WAYNE JR , MARILYN BUCK
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- Supplemental Filing Supplemental Response to Interrogatories and Production; Electronic Filing Certificate of Service. Filed By: STEPHEN JOSEPH NANGLE On Behalf Of: GREGORY WAYNE JR , MARILYN BUCK
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- Order On June 22, 2022, this matter was called for hearing on Plaintiff's Motion to Amend Affirmative Defenses to Add Statute of Frauds as a Defense. Plaintiff appeared by and through its counsel of record, Daniel P. Gabris. Defendants' counsel did not appear. Counsel for Plaintiff attempted to call Defendants' counsel twice and sent an email regarding the hearing but did not receive any response. The Court waited until 11:00 a.m. to give Defendants' counsel an opportunity to respond or appear. Plaintiff's Motion to Amend Affirmative Defenses to Add Statute of Frauds is hereby granted. IT IS SO ORDERED: Judge Joan Moriarty
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- Notice of Hearing Filed Notice Of Hearing; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK GABRIS On Behalf Of: CHARLENE BRYANT
- Hearing/Trial Cancelled Associated Entries: 02/10/2022 - Hearing Continued/Rescheduled Associated Entries: 02/10/2022 - Counsel Status Hrng Scheduled Scheduled For: 05/23/2022; 9:00 AM; JOAN L MORIARTY; Carnahan Courthouse
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- Entry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK GABRIS On Behalf Of: CHARLENE BRYANT
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- Proposed Order Filed PROPOSED ORDER Filed By: CHARLENE BRYANT
- Motion for Leave MOTION FOR LEAVE Filed By: CHARLENE BRYANT
- Notice NOTICE OF MOTION FOR LEAVE Filed By: CHARLENE BRYANT
- Certificate of Service CERTIFICATE OF SERVICE Filed By: CHARLENE BRYANT
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- Certificate of Service CERTIFICATE OF SERVICE Filed By: CHARLENE BRYANT
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- Motion Hearing Scheduled Associated Entries: 08/29/2022 - Motion Hearing Held Scheduled For: 08/29/2022; 1:30 PM; JOAN L MORIARTY; Carnahan Courthouse
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- Notice of Hearing Filed Notice of Trial. Filed By: STEPHEN JOSEPH NANGLE On Behalf Of: GREGORY WAYNE JR , ANTOINETTE SIMMONS, MARILYN BUCK
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- Reply Plaintiff's Reply to Defendants Answer to Its Verified Petition for Quiet Title
- Response Filed Plaintiff's Response to Defendants Motion to Correct Deed
- Answer Filed Plaintiff's Answer to Defendants Cross Claim to Discover Location of Assets
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- Certificate of Service Filed By: CHARLENE BRYANT
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- Response Filed DEFENDANT M. BUCK RESPONSE TO SECOND REQUEST FOR PRODUCTION OF DOCUMENT; Exhibit A; Exhibit B. Filed By: STEPHEN JOSEPH NANGLE On Behalf Of: MARILYN BUCK
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- Certificate of Service Filed By: CHARLENE BRYANT
- Certificate of Service Filed By: CHARLENE BRYANT
- Proposed Order Filed Filed By: CHARLENE BRYANT
- Proposed Order Filed Filed By: CHARLENE BRYANT
- Motion to Compel Filed By: CHARLENE BRYANT
- Motion to Compel Filed By: CHARLENE BRYANT
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- Order Status conference continue and reset for 5/23/22, at 9:00 a.m. (see order for details). SO ORDERED: JUDGE JOAN J. MORIARTY, 33057.
- Counsel Status Hrng Scheduled Associated Entries: 05/23/2022 - Hearing/Trial Cancelled Scheduled For: 05/23/2022; 9:00 AM; JOAN L MORIARTY; Carnahan Courthouse
- Hearing Continued/Rescheduled Associated Entries: 11/29/2021 - Counsel Status Hrng Scheduled Associated Entries: 05/23/2022 - Hearing/Trial Cancelled Hearing Continued From: 02/07/2022; 9:00 AM Counsel Status Hearing
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- Notice of Hearing Filed Filed By: CHARLENE BRYANT
- Notice of Hearing Filed Filed By: CHARLENE BRYANT
- Motion to Compel Filed By: CHARLENE BRYANT
- Motion to Compel Filed By: CHARLENE BRYANT
- Proposed Order Filed Filed By: CHARLENE BRYANT
- Proposed Order Filed Filed By: CHARLENE BRYANT
- Certificate of Service Filed By: CHARLENE BRYANT
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- Memorandum Filed Memorandum of Certificate of Service. Filed By: STEPHEN JOSEPH NANGLE On Behalf Of: GREGORY WAYNE JR , MARILYN BUCK
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- Return Service - Other PROOF OF SERVICE RE: PLAINTIFF'S RESPONSES TO DEFENANTS REQUEST FOR ADMISSIONS SET ONE.
- Return Service - Other PROOF OF SERVICE RE: PLAINTIFF'S RESPONSES TO DEFENDANTS REQUEST PRODUCTION OF DOCUMENTS, SET ONE.
- Return Service - Other PROOF OF SERVICE RE: PLAINTIFF'S RESPONSES TO DEFENDANTS INTERROGATORIES SET ONE.
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- Certificate of Service Filed By: CHARLENE BRYANT
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- Certificate of Service Filed By: CHARLENE BRYANT
- Certificate of Service Filed By: CHARLENE BRYANT
- Certificate of Service Filed By: CHARLENE BRYANT
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- Notice of Hearing Filed Notice of Hearing. Filed By: STEPHEN JOSEPH NANGLE On Behalf Of: GREGORY WAYNE JR , ANTOINETTE SIMMONS, MARILYN BUCK
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- Notice The above-mentioned cause is hereby set for motion hearing on Pro Se Plaintiff Charlene Bryant's motion to deem quiet title satisfied on February, 16, 2022, at 10:30 a.m. 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. Division 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 by calling (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.
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- Order It is ordered and decreed that Defendant Gregory Wayne Jr.'s motion for contempt is hereby denied. It is further ordered that Defendants' motion for protective order is hereby denied. (see order for details). SO ORDERED: JUDGE JOAN J. MORIARTY, 33057.
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- Cause Taken Under Advisement Cause called on Defendant, Gregory Wayne Jr., motion for contempt and all Defendant's motion for protective order. Defendant appear in person and by Counsel. Plaintiff fails to appear. Motions heard and submitted this 6th day of December, 2021. (see order for details). SO ORDERED: JUDGE JOAN J. MORIARTY, 33057.
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- Response Filed PLAINTIFF'S RESPONSES TO DEFENDNT'S REQUEST FOR PRODUCTION OF DOCUMENTS Filed By: CHARLENE BRYANT
- Filing: Plaintiff's Notice of Motion Filed By: CHARLENE BRYANT
- Motion Filed PLAINTIFF'S MOTION TO DEEM VERIFIED PETITION FOR QUIET TITLE SATISFIED.
- Proposed Order Filed Proposed Order Filed Filed By: CHARLENE BRYANT
- Response Filed PLAINTIFF RESPONSE TO DEFENDANTS INTERROGATORIES FILED Filed By: CHARLENE BRYANT
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- Counsel Status Hrng Scheduled Associated Entries: 02/10/2022 - Hearing Continued/Rescheduled Scheduled For: 02/07/2022; 9:00 AM; JOAN L MORIARTY; Carnahan Courthouse
- Order The above mentioned is hereby set on February 7, 2022, at 9:00 a.m. for status conference. 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. Division 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 by calling (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 J. MORIARTY, 33057
- Response to Req for Admissions PLAINTIFF'S RESPONSE TO DEFENDANT' S REQUEST FOR ADMISSIONS
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- Order Defendant's counsel is hereby notified that the hearing set on 12/2/21 at 9:00 a.m. is improperly set on Division 19's motion docket. This cause is an odd numbered case number and should be set in Division 20. Therefore, said hearing is hereby vacated by this court. Counsel for the Defendant has been advised to reschedule said hearing on Division 20's motion docket, which can be found on the Court's website. (see order for details). SO ORDERED: JUDGE JOAN J. MORIARTY, 33057.
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- Judge Assigned
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- Notice of Hearing Filed Notice of Hearing. Filed By: STEPHEN JOSEPH NANGLE On Behalf Of: GREGORY WAYNE JR , ANTOINETTE SIMMONS, MARILYN BUCK
- Certificate of Service Certificate of Service of Discovery. Filed By: STEPHEN JOSEPH NANGLE
- Request Filed Request for Admissions. Filed By: STEPHEN JOSEPH NANGLE
- Cert Serv of Prod of Docs, etc Production of Documents. Filed By: STEPHEN JOSEPH NANGLE
- Cert Serv of Interrog Filed Certificate of Service. Filed By: STEPHEN JOSEPH NANGLE
- Motion Filed Motion for Protective Order. Filed By: STEPHEN JOSEPH NANGLE
- Proposed Order Filed Order to Show Cause. Filed By: STEPHEN JOSEPH NANGLE
- Motion for Civil Contempt Motion for Contempt. Filed By: STEPHEN JOSEPH NANGLE
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- Summons Personally Served Document ID - 21-SMOS-2547; Served To - SIMMONS, ANTOINETTE; Server - ; Served Date - 22-SEP-21; Served Time - 11:50:00; Service Type - Sheriff Department; Reason Description - Served
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- Summons Personally Served Document ID - 21-SMCC-12940; Served To - WAYNE, GREGORY; Server - ; Served Date - 08-OCT-21; Served Time - 13:40:00; Service Type - Sheriff Department; Reason Description - Served
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- Summons Personally Served SUMMONS RETURN 21-SMCC-12941.
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- Answer Filed Answer and Cross Claim; Exhibit A; Exhibit B; Exhibit C. Filed By: STEPHEN JOSEPH NANGLE On Behalf Of: GREGORY WAYNE JR , MARKQUIS RAINELL BRYANT, ANTOINETTE SIMMONS, MARILYN BUCK
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- Entry of Appearance Filed Entry of Appearance; Entry of Appearance; Entry of Appearance. Filed By: STEPHEN JOSEPH NANGLE On Behalf Of: GREGORY WAYNE JR , MARKQUIS RAINELL BRYANT, ANTOINETTE SIMMONS, MARILYN BUCK
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- Summons Personally Served Document ID - 21-SMCC-12942; Served To - BUCK, MARILYN; Server - ; Served Date - 20-SEP-21; Served Time - 00:00:00; Service Type - Sheriff Department; Reason Description - Served
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- Correspondence Filed A LETTER SENT TO PLAINTIFF TO SEND SUMMONS TO ST LOUIS COUNTY MO, LINCOLN COUNTY, MO AND KING COUNTY, WA SHERIFF'S DEPARTMENT FOR SERVICE ON DEFENDANTS
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- Summ Issd- Circ Pers Serv O/S Document ID: 21-SMOS-2547, for SIMMONS, ANTOINETTE.
- Summons Issued-Circuit Document ID: 21-SMCC-12942, for BUCK, MARILYN.
- Summons Issued-Circuit Document ID: 21-SMCC-12941, for BRYANT, MARKQUIS RAINELL.
- Summons Issued-Circuit Document ID: 21-SMCC-12940, for WAYNE, GREGORY.
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- Confid Filing Info Sheet Filed Filed By: CHARLENE BRYANT
- Pet Filed in Circuit Ct
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