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Photo of Missouri Unified County

Court

Missouri Unified County

Missouri

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Case Information

Filed 2021-11-02
Type Cc Temporary Restraining Order
Docket 85 entries
Disposition dismiss

Parties

Plaintiff Estate Of George Fields|Fields, Larry|Estate Of Elizabeth Fields|Fields, Larry
Defendant Citibank Na|Kuhn, Clayton G|Merkle, Zachary Stephen|Select Portfolio Servicing, Inc.|Kuhn, Clayton G|Merkle, Zachary Stephen
Photo of Hon. Sengheiser Jason Mark

Judge

Hon. Sengheiser Jason Mark

St. Louis city (MO)

Missouri

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Lawyers

Docket Entries

  1. <td></td><td></td><td></td>
  2. Mandate from MO Ct of Appeals Mandate from Missouri Court of Appeals Eastern District received and filed. On the motion of respondents by counsel, the appeal from the judgment of the City of St. Louis Circuit Court in Cause 2122-cc09645 is hereby dismissed in accordance with the order of this Court dated December 14, 2023.
  3. <td></td><td></td><td></td>
  4. Judge/Clerk - Note Mandate From Missouri Court of Appeals Eastern District received and filed
  5. <td></td><td></td><td></td>
  6. Notice of Appeal Filed Amended notice of appeal; Electronic Filing Certificate of Service. Filed By: LARRY FIELDS On Behalf Of: ESTATE OF GEORGE FIELDS, ESTATE OF ELIZABETH FIELDS
  7. <td></td><td></td><td></td>
  8. Ackn Notice of Appeal Filed
  9. <td></td><td></td><td></td>
  10. Judge/Clerk - Note Notice of appeal sent to Missouri Court of Appeals@[email protected]. Notice of appeal sent to Clayton G. Kuhn@[email protected]
  11. <td></td><td></td><td></td>
  12. Appeal Costs Taxed
  13. Notice of Appeal Filed Notice of Appeal; Final Order; Electronic Filing Certificate of Service. Filed By: LARRY FIELDS On Behalf Of: ESTATE OF GEORGE FIELDS, ESTATE OF ELIZABETH FIELDS
  14. <td></td><td></td><td></td>
  15. Dismiss by Ct w/ Prejudice
  16. Judgment Entered The Court hereby ORDERS as follows: 1. Plaintiff's Motion to Continue is denied. 2. For the reasons stated in Defendants' Motion to Dismiss, that motion is granted. Plaintiff's action is dismissed with prejudice. SO ORDERED JUDGE JASON M. SENGHEISER #55132
  17. <td></td><td></td><td></td>
  18. Motion for Continuance Plaintiffs 1st Motion for Continuance; Electronic Filing Certificate of Service. Filed By: LARRY FIELDS On Behalf Of: ESTATE OF GEORGE FIELDS, ESTATE OF ELIZABETH FIELDS
  19. <td></td><td></td><td></td>
  20. Notice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: ZACHARY STEPHEN MERKLE On Behalf Of: CITIBANK NA, SELECT PORTFOLIO SERVICING, INC.
  21. Motion to Dismiss Defendants Motion to Dismiss Fourth Amended Petition and Combined Memo in Support; Electronic Filing Certificate of Service. Filed By: ZACHARY STEPHEN MERKLE On Behalf Of: CITIBANK NA, SELECT PORTFOLIO SERVICING, INC.
  22. <td></td><td></td><td></td>
  23. Motion to File Amended Pet Amended Petition; Electronic Filing Certificate of Service. Filed By: LARRY FIELDS On Behalf Of: ESTATE OF GEORGE FIELDS, ESTATE OF ELIZABETH FIELDS
  24. <td></td><td></td><td></td>
  25. Order On July 17, 2023, the Court held a hearing on Defendants' Motion to Dismiss for Failure to Prosecute, (2) Plaintiff's Motion for Leave to Amend, and (3) Plaintiff's Motion to Intervene. Having heard argument on the record and noting the delay in bringing this case to trial, the Court hereby ORDERS as follows: 1. Defendants' Motion to Dismiss for Failure to Prosecute is granted, without prejudice 2. the Court is providing Plaintiff one more chance to establish viable claims. Plaintiff is allowed 14 days - to and including July 31, 2023 - to file an amended petition. 3. If Plaintiff fails to file an amended petition by July 31, 2023, this case will be dismissed with prejudice. SO ORDERED JUDGE JASON M. SENGHEISER #55132
  26. Hearing Held Associated Entries: 07/10/2023 - Hearing Scheduled Scheduled For: 07/17/2023; 11:00 AM; JASON MARK SENGHEISER; Carnahan Courthouse
  27. <td></td><td></td><td></td>
  28. Reply Defendants Reply Memorandum in Further Opposition to the Motion for Leave to Amend and in Support of Dismissal for Failure to Prosecute; Exhibit 1 - Request for Payoff; Exhibit 2 - Payoff Provided; Exhibit 3 - Payoff Follow Up; Electronic Filing Certificate of Service. Filed By: ZACHARY STEPHEN MERKLE On Behalf Of: CITIBANK NA, SELECT PORTFOLIO SERVICING, INC.
  29. <td></td><td></td><td></td>
  30. Hearing Scheduled Associated Entries: 07/17/2023 - Hearing Held Scheduled For: 07/17/2023; 11:00 AM; JASON MARK SENGHEISER; Carnahan Courthouse
  31. Judge/Clerk - Note Hearing of Motion on July 12, 2023 moved to July 17, 2023 at 11:00 a.m. The motion will be heard by Judge Sengheiser via webex
  32. <td></td><td></td><td></td>
  33. Third Party Petition Filed Third Party Amended Petition; Electronic Filing Certificate of Service. Filed By: LARRY FIELDS On Behalf Of: ESTATE OF GEORGE FIELDS, ESTATE OF ELIZABETH FIELDS
  34. <td></td><td></td><td></td>
  35. Notice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: ZACHARY STEPHEN MERKLE On Behalf Of: CITIBANK NA, SELECT PORTFOLIO SERVICING, INC.
  36. <td></td><td></td><td></td>
  37. Notice Notice of Cancellation of Hearing; Electronic Filing Certificate of Service. Filed By: ZACHARY STEPHEN MERKLE On Behalf Of: CITIBANK NA, SELECT PORTFOLIO SERVICING, INC.
  38. <td></td><td></td><td></td>
  39. Motion for Continuance Motion for Continuance; Electronic Filing Certificate of Service. Filed By: LARRY FIELDS On Behalf Of: ESTATE OF GEORGE FIELDS
  40. <td></td><td></td><td></td>
  41. Notice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: ZACHARY STEPHEN MERKLE On Behalf Of: CITIBANK NA, SELECT PORTFOLIO SERVICING, INC.
  42. Motion to Dismiss Defendants Combined Motion to Dismiss with Prejudice for Failure to Prosecute and Opposition to the Motions to Intervene and For Leave to Amend; Electronic Filing Certificate of Service. Filed By: ZACHARY STEPHEN MERKLE On Behalf Of: CITIBANK NA, SELECT PORTFOLIO SERVICING, INC.
  43. <td></td><td></td><td></td>
  44. Motion Filed Motion to intervene; Electronic Filing Certificate of Service. Filed By: LARRY FIELDS On Behalf Of: ESTATE OF GEORGE FIELDS, ESTATE OF ELIZABETH FIELDS
  45. <td></td><td></td><td></td>
  46. Motion to File Amended Pet PLAINTIFFS FIRST MOTION TO AMEND HER PETITION . Filed By: LARRY FIELDS On Behalf Of: CITIBANK NA
  47. <td></td><td></td><td></td>
  48. Order The Court has before is Defendants Citi Bank N.A. and Select Portfolio Servicing Inc.'s Motion to Dismiss the Amended Petition. The Court now rules as follows. It is Ordered and Decreed that Defendants' Citi bank and Select Portfolio Servicing , Inc's Motion to Dismiss the Amended Petition is GRANTED without prejudice. (SEE ORDER FOR DETAILS). SO ORDERED: JUDGE JASON M. SENGHEISER
  49. <td></td><td></td><td></td>
  50. Response Filed Response to Defendant Motion to Dismiss; Electronic Filing Certificate of Service. Filed By: LARRY FIELDS On Behalf Of: ESTATE OF GEORGE FIELDS, ESTATE OF ELIZABETH FIELDS
  51. <td></td><td></td><td></td>
  52. Notice of Hearing Filed NOTICE OF HEARING 3.21.22; Electronic Filing Certificate of Service. Filed By: ZACHARY STEPHEN MERKLE On Behalf Of: CITIBANK NA, SELECT PORTFOLIO SERVICING, INC.
  53. <td></td><td></td><td></td>
  54. Motion to Dismiss Defendants Motion to Dismiss the Amended Petition and Combined Memorandum In Support; Electronic Filing Certificate of Service. Filed By: ZACHARY STEPHEN MERKLE On Behalf Of: CITIBANK NA, SELECT PORTFOLIO SERVICING, INC.
  55. <td></td><td></td><td></td>
  56. Amended Motion/Petition Filed Amended Petition; Exhibit 1; Electronic Filing Certificate of Service. Filed By: LARRY FIELDS On Behalf Of: ESTATE OF GEORGE FIELDS, ESTATE OF ELIZABETH FIELDS
  57. <td></td><td></td><td></td>
  58. Order Granting Leave Plaintiff's First Motion for Leave to Ament First Petition. Motion Granted. SO ORDERED: JUDGE JASON M. SENGHEISER
  59. <td></td><td></td><td></td>
  60. Motion for Leave Motion for leave to Amend; Electronic Filing Certificate of Service. Filed By: LARRY FIELDS On Behalf Of: ESTATE OF GEORGE FIELDS, ESTATE OF ELIZABETH FIELDS
  61. <td></td><td></td><td></td>
  62. Order for Change of Judge The Application for Change of Judge pursuant to Supreme Court Rule 51.05 filed by Plaintiff, Simmons Bank, in the above cause is hereby granted. As directed by the Presiding Judge, cause is reassigned to the Honorable Jason Sengheiser, Division for all further proceedings. So Ordered: Judge Joan L. Moriarty
  63. Hearing/Trial Cancelled Associated Entries: 11/29/2021 - Counsel Status Hrng Scheduled Scheduled For: 03/07/2022; 9:00 AM; JOAN L MORIARTY; Carnahan Courthouse
  64. Judge Assigned
  65. <td></td><td></td><td></td>
  66. Motion for Change of Judge MOTION FOR CHANGE OF JUDGE; Electronic Filing Certificate of Service. Filed By: LARRY FIELDS On Behalf Of: ESTATE OF GEORGE FIELDS, ESTATE OF ELIZABETH FIELDS
  67. <td></td><td></td><td></td>
  68. Notice of Hearing Filed NOTICE OF HEARING; Electronic Filing Certificate of Service. Filed By: ZACHARY STEPHEN MERKLE On Behalf Of: CITIBANK NA, SELECT PORTFOLIO SERVICING, INC.
  69. <td></td><td></td><td></td>
  70. Motion to Dismiss Motion to Dismiss; Electronic Filing Certificate of Service. Filed By: ZACHARY STEPHEN MERKLE On Behalf Of: CITIBANK NA, SELECT PORTFOLIO SERVICING, INC.
  71. <td></td><td></td><td></td>
  72. Entry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: CLAYTON G KUHN On Behalf Of: CITIBANK NA, SELECT PORTFOLIO SERVICING, INC.
  73. Entry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: ZACHARY STEPHEN MERKLE On Behalf Of: CITIBANK NA, SELECT PORTFOLIO SERVICING, INC.
  74. <td></td><td></td><td></td>
  75. Counsel Status Hrng Scheduled Associated Entries: 01/10/2022 - Hearing/Trial Cancelled Scheduled For: 03/07/2022; 9:00 AM; JOAN L MORIARTY; Carnahan Courthouse
  76. Order The above mentioned is hereby set on March 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.
  77. <td></td><td></td><td></td>
  78. Summons Issued-Circuit Document ID: 21-SMCC-14099, for SELECT PORTFOLIO SERVICING, INC..
  79. <td></td><td></td><td></td>
  80. Petition: BREACH OF CONTRACT COMPLAINT Filed By: LARRY FIELDS
  81. Proposed Order Filed PROPOSED BOND Filed By: LARRY FIELDS
  82. Motion Filed MOTION FOR TEMPORARY INJUNCTION Filed By: LARRY FIELDS
  83. Proposed Order Filed PROPOSED ORDER Filed By: LARRY FIELDS
  84. Confid Filing Info Sheet Filed Filed By: LARRY FIELDS
  85. Pet Filed in Circuit Ct MOTION FOR TEMPORARY INJUNCTION Filed By: LARRY FIELDS On Behalf Of: ESTATE OF GEORGE FIELDS, ESTATE OF ELIZABETH FIELDS

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