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Case Information
Filed
2024-08-28
Type
Cc Injunction
Docket
24 entries
Disposition
disposed
Parties
Plaintiff
Jd Industries Llc|Eddy, Jacob Gregory
Defendant
Empire Roofing And Construction Enterprises Llc|Tapia, Rudy Efrain|Rogers, Douglas Wayne
Lawyers
Docket Entries
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- Transfer Filed
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- ert Serv Answers Interrog Fil Certificate of Service; Electronic Filing Certificate of Service. /jfc Filed By: DANIEL KEITH WOOTEN On Behalf Of: EMPIRE ROOFING AND CONSTRUCTION ENTERPRISES LLC
- RIFS/Unredacted Document Exhibit C - Unredacted; Electronic Filing Certificate of Service in associated to Compel (other) filed on 11/08/2024. /jfc Filed By: JACOB GREGORY EDDY On Behalf Of: JD INDUSTRIES LLC, MIDWEST ROOFING Associated Entries: 11/08/2024 - Motion to Compel +
- RIFS/Unredacted Document Exhibit B - Unredacted; Electronic Filing Certificate of Service in associated to Compel (other) filed on 11/08/2024. /jfc Filed By: JACOB GREGORY EDDY Associated Entries: 11/08/2024 - Motion to Compel +
- RIFS/Unredacted Document Exhibit A - Unredacted; Electronic Filing Certificate of Service in associated to Compel (other) filed on 11/08/2024. /jfc Filed By: JACOB GREGORY EDDY Associated Entries: 11/08/2024 - Motion to Compel +
- otion to Compel Plaintiff Motion to Compel Defendant Empire Roofing and Construction Enterprises; Electronic Filing Certificate of Service. /jfc Filed By: JACOB GREGORY EDDY Associated Entries: 11/08/2024 - CRIFS/Unredacted Document + Associated Entries: 11/08/2024 - CRIFS/Unredacted Document + Associated Entries: 11/08/2024 - CRIFS/Unredacted Document +
- ert Serv Answers Interrog Fil Defendant Rogers answers to plaintiffs first interrogatories and request for production directed to Douglas Rogers; Electronic Filing Certificate of Service. Filed By: TIMOTHY ALAN RICKER On Behalf Of: DOUGLAS WAYNE ROGERS
- bjection to Interrogatories COS defendants Rogers and Tapias objections to plaintiffs first interrogatories and first request for production; Electronic Filing Certificate of Service. Received as filed. /jfc Filed By: TIMOTHY ALAN RICKER On Behalf Of: RUDY EFRAIN TAPIA, DOUGLAS WAYNE ROGERS
- ert Serv Answers Interrog Fil Certificate of Service; Electronic Filing Certificate of Service. /jfc Filed By: DANIEL KEITH WOOTEN On Behalf Of: EMPIRE ROOFING AND CONSTRUCTION ENTERPRISES LLC
- roposed Order Filed Waiver of Service of Preliminary Writ of Prohibition. Sent to DV1 on 09-30-2024./ac
- rit of Prohibition Order Preliminary Writ of Prohibition./ac
- RIFS/Unredacted Document Exhibit B - Unredacted; Electronic Filing Certificate of Service in associated to Compel (other) filed on 11/08/2024. /jfc Filed By: JACOB GREGORY EDDY Associated Entries: 11/08/2024 - Motion to Compel +
- otion Denied The Court is in receipt of the Application for Change of Judge ("Motion") filed by Defendants Rudy Tapia and Douglas Rogers on September 17, 2024. To expedite its business, and pursuant to Rule 55.30(c), the Court dispenses with oral hearing on such Motion. Rule 51.02 provides that, following "a stipulation agreeing upon removal of the civil action to a designated court of competent jurisdiction....[,] no... change of judge shall be granted to any party stipulating to the change... except where there is cause for a change of judge." Similarly, Rule 51.06(a) provides that "[i]f a party requests and obtains either a change of venue or a change of judge, that party shall not be granted any additional change thereafter except for cause or under Rule 51.07." In this action, Defendants Tapia and Rogers filed their Motion to Transfer Venue on August 7, 2024, designating Greene County as the court of competent jurisdiction. Defendant Empire Roofing and Construction Enterprises, LLC, likewise, filed its Motion to Transfer Venue on August 7, 2024, designating Greene County as the court of competent jurisdiction. On August 9, 2024, Plaintiff filed its consent to Defendants' requested change of venue to Greene County. Defendants' motions for change of venue were sustained on August 28, 2024. If viewed as a "stipulation" for change of venue (as described by Defendants Tapia and Rogers in their August 20, 2024 correspondence to the previously-assigned judge) no party is entitled to any further change of judge, except where there is cause for a change of judge, by operation of Rule 51.02. If viewed as a change of venue solely upon Defendants' motions for change of venue, Defendants are not entitled to "any additional change," except for cause or under Rule 51.07, and the Defendants' request for and obtaining of a change of venue exhausted their right to a change of judge by operation of Rule 51.06. See, e.g., State ex rel. Smith v. Journey, 533 S.W.2d 589, 591 (Mo. banc 1976) (holding that "where a member of one of the classes has obtained either a change of venue or a change of judge he has exhausted the right of all members of the class to that change and thereafter none of its members may be granted any additional change, either of venue or judge"). Accordingly, Defendants Tapia's and Rogers's Motion is hereby DENIED. // DAA Filed By: DEREK ADAM ANKROM Associated Entries: 09/17/2024 - Motion for Change of Judge +
- otion for Change of Judge Application for change of judge; Electronic Filing Certificate of Service. Filed By: ADAM PEKELO PIHANA On Behalf Of: RUDY EFRAIN TAPIA, DOUGLAS WAYNE ROGERS Associated Entries: 09/17/2024 - Motion Denied +
- ertificate of Service (Docketed on 09/17/2024 at 1116) Certificate of Service; Electronic Filing Certificate of Service./ af Filed By: DANIEL KEITH WOOTEN On Behalf Of: EMPIRE ROOFING AND CONSTRUCTION ENTERPRISES LLC
- ransfer Filed
- rit of Prohibition Order Preliminary Writ of Prohibition./ac
- otion Denied The Court is in receipt of the Application for Change of Judge ("Motion") filed by Defendants Rudy Tapia and Douglas Rogers on September 17, 2024. To expedite its business, and pursuant to Rule 55.30(c), the Court dispenses with oral hearing on such Motion. Rule 51.02 provides that, following "a stipulation agreeing upon removal of the civil action to a designated court of competent jurisdiction....[,] no... change of judge shall be granted to any party stipulating to the change... except where there is cause for a change of judge." Similarly, Rule 51.06(a) provides that "[i]f a party requests and obtains either a change of venue or a change of judge, that party shall not be granted any additional change thereafter except for cause or under Rule 51.07." In this action, Defendants Tapia and Rogers filed their Motion to Transfer Venue on August 7, 2024, designating Greene County as the court of competent jurisdiction. Defendant Empire Roofing and Construction Enterprises, LLC, likewise, filed its Motion to Transfer Venue on August 7, 2024, designating Greene County as the court of competent jurisdiction. On August 9, 2024, Plaintiff filed its consent to Defendants' requested change of venue to Greene County. Defendants' motions for change of venue were sustained on August 28, 2024. If viewed as a "stipulation" for change of venue (as described by Defendants Tapia and Rogers in their August 20, 2024 correspondence to the previously-assigned judge) no party is entitled to any further change of judge, except where there is cause for a change of judge, by operation of Rule 51.02. If viewed as a change of venue solely upon Defendants' motions for change of venue, Defendants are not entitled to "any additional change," except for cause or under Rule 51.07, and the Defendants' request for and obtaining of a change of venue exhausted their right to a change of judge by operation of Rule 51.06. See, e.g., State ex rel. Smith v. Journey, 533 S.W.2d 589, 591 (Mo. banc 1976) (holding that "where a member of one of the classes has obtained either a change of venue or a change of judge he has exhausted the right of all members of the class to that change and thereafter none of its members may be granted any additional change, either of venue or judge"). Accordingly, Defendants Tapia's and Rogers's Motion is hereby DENIED. // DAA Filed By: DEREK ADAM ANKROM Associated Entries: 09/17/2024 - Motion for Change of Judge +
- otion for Change of Judge Application for change of judge; Electronic Filing Certificate of Service. Filed By: ADAM PEKELO PIHANA On Behalf Of: RUDY EFRAIN TAPIA, DOUGLAS WAYNE ROGERS Associated Entries: 07/01/2025 - Motion Granted/Sustained + Associated Entries: 09/17/2024 - Motion Denied +
- ertificate of Service (Docketed on 09/17/2024 at 1116) Certificate of Service; Electronic Filing Certificate of Service./ af Filed By: DANIEL KEITH WOOTEN On Behalf Of: EMPIRE ROOFING AND CONSTRUCTION ENTERPRISES LLC
- ransfer Filed
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