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Case Information
Filed
2023-11-09
Type
Pr Miscellaneous Trust
Docket
103 entries
Parties
Plaintiff
Roberts, Emily|Hamburg, Brian Eric|Roberts, Ben|Hamburg, Brian Eric|Fick, Amanda Irene
Defendant
Roberts, Jeramy Stewart|Roberts, Seth|Roberts, Madison
Docket Entries
- Probate Ord Close File Misc
- Returned Mail-Undeliverable Mail returned undeliverable as to Respondent /lnp
- Judgment Entered Consent Judgement
- Stipulation Stipulation for Consent Judgment; Exhibit A to Stipulation - proposed Judgment; Electronic Filing Certificate of Service. Filed By: BRIAN ERIC HAMBURG On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Correspondence Filed Correspondence to Honorable Joshua Christensen; Electronic Filing Certificate of Service. Filed By: BRIAN ERIC HAMBURG On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Confid Filing Info Sheet Filed Confidential Filing Information Sheet - Adding Respondents Seth Roberts and Madison Roberts; Electronic Filing Certificate of Service. Filed By: BRIAN ERIC HAMBURG On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Bond-Released on Own Recog
- Hearing Held Petitioners appear by atty Hamburg; Respondent Jeramy Roberts appears in person from GCJ; PA appears by atty Lillie. Hearing held on contempt order entered April 11, 2024. Recess taken to allow parties to discuss potential resolution of disputes. Parties announce consent judgment as to Respondent Jeramy Roberts. Record made. Petitioner's counsel to submit proposed judgment to Court reflecting agreement announced on the record. Judgment of Contempt dissolved; Defendant is to be ROR in this case. Hearing recorded on FTR Gold in Division 6. Notice to GCJ. JBC/lnp Associated Entries: 05/01/2024 - Case Mgmt Conf Scheduled Scheduled For: 05/07/2024; 2:30 PM; JOSHUA BOYD CHRISTENSEN; Greene
- Return Service - Other Return of Service on Warrant and Order of Commitment. Associated Entries: 04/11/2024 - Order +
- Waiver Of Waiver of Service of Madison Roberts; Electronic Filing Certificate of Service. Filed By: AMANDA IRENE FICK On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Case Mgmt Conf Scheduled Associated Entries: 05/07/2024 - Hearing Held + Scheduled For: 05/07/2024; 2:30 PM; JOSHUA BOYD CHRISTENSEN; Greene
- Order Court notes Respondent is in Greene County Jail custody. If Respondent has not purged himself of the contempt by May 7, 2024 at 2:30 PM, status conference set to address issues in the case. Respondent to appear in person (from Greene County Jail if still in custody). Notice mailed to Respondent. Notice to GCJ. JBC/lnp
- Waiver of Service Waiver of Service of Seth Roberts; Electronic Filing Certificate of Service. Filed By: AMANDA IRENE FICK On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Order Court further orders and clarifies that bond on warrant to be set at $5,000 cash only; extradition for warrant to be statewide. JBC/lnp
- Order Warrant and Order of Commitment entered. Copy of same sent to GCSO. JBC/lnp Associated Entries: 05/02/2024 - Return Service - Other +
- Correspondence Filed Correspondence to Judge Christensen; Electronic Filing Certificate of Service. Filed By: AMANDA IRENE FICK On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Correspondence Filed Correspondence to Jeramy Roberts providing copy of Judgment of Civil Contempt Against Respondent Jeramy Roberts; Electronic Filing Certificate of Service. Filed By: BRIAN ERIC HAMBURG On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Judgment for Civil Contempt Judgment of Civil Contempt Against Respondent Jeramy Stewart Roberts entered. Notice of judgment and entry mailed to Respondent. Petitioner's counsel requested to further provide a copy to Respondent by any available means. JBC/lnp
- Correspondence Filed Correspondence to Honorable Joshua B Christensen; Enclosure - Attorney Billing Statement; Electronic Filing Certificate of Service. Filed By: BRIAN ERIC HAMBURG On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Show Cause Hearing Held Show-cause hearing held. Petititoners appear via webex, and by attorneys Hamburg and Fick in person. Special Trustee Sherri Martin appears by atty Travis Lillie. Respondent Jeramy Roberts fails to appear. Petitioners' counsel to provide statement of fees related to present issues. Court hears evidence and takes issues under advisement for ruling. Recorded via FTR in Division 6. JBC/lnp Associated Entries: 03/14/2024 - Show Cause Hearing Scheduled Scheduled For: 03/27/2024; 9:00 AM; JOSHUA BOYD CHRISTENSEN; Greene
- Certificate of Service Certificate of Service - Mailing copy of Courts Show Cause Order to Respondent Jeramy Roberts; Electronic Filing Certificate of Service. Filed By: AMANDA IRENE FICK On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Entry of Appearance Filed ENTRY OF APPEARANCE; Electronic Filing Certificate of Service. Filed By: TRAVIS JAMES LILLIE On Behalf Of: SHERRI MARTIN
- Show Cause Hearing Scheduled Associated Entries: 03/27/2024 - Show Cause Hearing Held + Scheduled For: 03/27/2024; 9:00 AM; JOSHUA BOYD CHRISTENSEN; Greene
- CRIFS/Unredacted Document Confidential Redacted Information Filing Sheet with unredacted Show Cause Order entered. JBC/lnp
- Order Show Cause Order (redacted) entered. Hearing set for March 27, 2024 at 9:00AM. Notice to Respondent. JBC/lnp
- Order Appointing Trustee Greene County Public Administration Sherri Martin appointed
- CRIFS/Unredacted Document CRIFS Information Sheet with Unredacted Petition for an Order to Show Cause and Motion for Contempt; Electronic Filing Certificate of Service in associated to Petition (Probate) filed on 03/13/2024. Filed By: AMANDA IRENE FICK On Behalf Of: EMILY ROBERTS, BEN ROBERTS Associated Entries: 03/13/2024 - Petition +
- Proposed Order Filed Show Cause Order; Electronic Filing Certificate of Service. Filed By: AMANDA IRENE FICK On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Petition Petition for an Order to Show Cause and Motion for Contempt-REDACTED; Electronic Filing Certificate of Service. Filed By: AMANDA IRENE FICK On Behalf Of: EMILY ROBERTS, BEN ROBERTS Associated Entries: 03/13/2024 - CRIFS/Unredacted Document +
- Proposed Order Filed Order Appointing Special Trustee; Electronic Filing Certificate of Service. Filed By: BRIAN ERIC HAMBURG On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Correspondence Filed Correspondence to Honorable Joshua B Christensen; Electronic Filing Certificate of Service. Filed By: BRIAN ERIC HAMBURG On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- CRIFS/Unredacted Document Confidential Redacted Information Filing Sheet with unredacted Preliminary Injunction filed. JBC/lnp
- Injunction Order Preliminary Injunction (redacted) entered. JBC/lnp
- Proposed Order Filed Sixth Temporary Restraining Order; Electronic Filing Certificate of Service. Filed By: BRIAN ERIC HAMBURG On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Proposed Order Filed Preliminary Injunction; Electronic Filing Certificate of Service. Filed By: BRIAN ERIC HAMBURG On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Correspondence Filed Correspondence to Honorable Joshua B Christensen; Electronic Filing Certificate of Service. Filed By: BRIAN ERIC HAMBURG On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Certification of Deposition on 02/16/24
- Order Upon review of the testimony and evidence presented at the preliminary injunction hearing on January 23, 2024, the Court GRANTS a preliminary injunction incorporating the TRO entered on January 26, 2024 as extended. Objections of Respondent taken with motion overruled. On the basis of the evidence presented, the provisions of the TRO now remain in effect as preliminary injunction until and unless otherwise ordered by the Court. The Court further finds it appropriate and necessary to grant relief under Subsection 2 of Section 456.10-1001 pending a final decision on a request to remove a trustee, as specifically authorized by Section 456.7-706.4. In particular, the Court orders Jeramy Stewart Roberts to give an account as trustee under Subdivision (4) of Subsection 2 of Section 456.10-1001; suspends him as trustee under Subdivision (6); and further finds it appropriate and necessary to appoint a neutral special fiduciary to take possession of the trust property and administer the trust under Subdivision (5) pending a final decision on the request to remove trustee. Parties to submit proposals for special fiduciary within 10 days. Counsel for Petitioners to contact respondent regarding any agreement as to identity of special fiduciary. Upon selection of special fiduciary, counsel for Petitioners to prepare proposed order consistent with this ruling. Notice of this entry to Respondent by mail. JBC/lnp
- Order Fifth Temporary Restraining Order entered. JBC/lnp
- Nunc Pro Tunc Order Court notes record does not reflect that on January 23, 2024, a preliminary injunction hearing was held. Court amends record to reflect: Petitioners appeared in person and by atty Hamburg. Respondent appeared in person, pro se. Testimony presented and exhibits admitted subject to objections taken with case. Matter taken under advisement. Recorded on FTR Gold, Division 6. JBC/lnp
- Correspondence Filed Correspondence to Honorable Joshua B Christensen; Electronic Filing Certificate of Service. Filed By: BRIAN ERIC HAMBURG On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Proposed Order Filed Fifth Temporary Restraining Order; Electronic Filing Certificate of Service. Filed By: BRIAN ERIC HAMBURG On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Hearing Held Case called on Petitioners' Motion for Leave to File First Amended Petition and Add Additional Parties. Petitioners appear by atty Hamburg; Respondent Jeramy Stewart Roberts appears in person and pro se. Motion GRANTED without objection. Amended Petition on file as of January 19, 2024 shown with Court leave; Respondent Jeramy Roberts granted 20 days to respond. Notice to respondent by mail. JBC/lnp Associated Entries: 01/31/2024 - Hearing Scheduled Scheduled For: 02/15/2024; 9:30 AM; JOSHUA BOYD CHRISTENSEN; Greene
- Notice of Service Servers Return of Service of Subpoena to Appear at Deposition - Custodian of Records of Oppenheimer Co., Inc.; Electronic Filing Certificate of Service. Filed By: BRIAN ERIC HAMBURG On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Order Fourth Temporary Restraining Order entered. JBC/lnp
- Proposed Order Filed Fourth Temporary Restraining Order; Electronic Filing Certificate of Service. Filed By: BRIAN ERIC HAMBURG On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Correspondence Filed Correspondence to Honorable Joshua B Christensen; Electronic Filing Certificate of Service. Filed By: BRIAN ERIC HAMBURG On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Notice of Service Servers Return of Service of Subpoena to Appear at Deposition - Registered Agent of Oppenheimer Co., Inc.; Electronic Filing Certificate of Service. Filed By: BRIAN ERIC HAMBURG On Behalf Of: EMILY ROBERTS, BEN ROBERTS Associated Entries: 02/01/2024 - Notice to Take Deposition +
- Notice to Take Deposition Notice to Take Deposition Duces Tecum; Exhibit A; Electronic Filing Certificate of Service. Filed By: BRIAN ERIC HAMBURG On Behalf Of: EMILY ROBERTS, BEN ROBERTS Associated Entries: 02/05/2024 - Notice of Service +
- Hearing Scheduled Associated Entries: 02/15/2024 - Hearing Held + Scheduled For: 02/15/2024; 9:30 AM; JOSHUA BOYD CHRISTENSEN; Greene
- Notice of Hearing Filed Notice of Hearing regarding Petitioners Motion for Leave to File Amended Petition; Electronic Filing Certificate of Service. Filed By: BRIAN ERIC HAMBURG On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Correspondence Filed "motion to have temporary restraining order dropped." Filed By: JERAMY STEWART ROBERTS
- Order Third Temporary Restraining Order entered. JBC/lnp
- Proposed Order Filed Proposed Third Temporary Restraining Order; Electronic Filing Certificate of Service. Filed By: BRIAN ERIC HAMBURG On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Correspondence Filed Correspondence to Judge Christensen - Request for Entry of Third Temporary Restraining Order; Electronic Filing Certificate of Service. Filed By: BRIAN ERIC HAMBURG On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Certification of Deposition on 1/19/24
- Certification of Deposition on 1/12/24
- Motion for Leave Motion for Leave to File Amended Petition and Add Additional Parties; Attachment to Motion - Amended Petition; Attachment to Motion- Exhibit A to Amended Petition; Electronic Filing Certificate of Service. Filed By: BRIAN ERIC HAMBURG On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Note to Clerk eFiling Filed By: BRIAN ERIC HAMBURG
- Petition to Remove Fiduciary Amended Petition to Remove Trustee, for Accounting and Other Relief; Exhibit A to Petition-Revocable Living Trust Agreement of James E Roberts, Jr - The Jim Roberts Trust; Electronic Filing Certificate of Service. Filed By: BRIAN ERIC HAMBURG On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Hearing Held Case called on Petitioner's Motion to Shorten Time and Motion to Shorten Time to Give Notice to Take Deposition of The Bank of Missouri Custodian of Records. Petitioner by atty Hamburg. No other appearances. Motions granted per formal order entered herein. JBC/lnp Associated Entries: 01/17/2024 - Hearing Scheduled Scheduled For: 01/23/2024; 2:00 PM; JOSHUA BOYD CHRISTENSEN; Greene
- Motion to Shorten Time Motion to Shorten Time regarding Notice of Hearing; Electronic Filing Certificate of Service. Filed By: BRIAN ERIC HAMBURG On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Notice of Hearing Filed Notice of Hearing regarding Petitioners Motion to Shorten Time to Give Notice to Take Deposition of The Bank of Missouri Custodian of Records; Electronic Filing Certificate of Service. Filed By: BRIAN ERIC HAMBURG On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Proposed Order Filed Order; Electronic Filing Certificate of Service. Filed By: BRIAN ERIC HAMBURG On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Notice to Take Deposition Notice of Continued Deposition - Custodian of Records, The Bank of Missouri; Electronic Filing Certificate of Service. Filed By: BRIAN ERIC HAMBURG On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Motion to Shorten Time Motion to Shorten Time to Give Notice to Take Deposition of The Bank of Missouri Custodian of Records; Electronic Filing Certificate of Service. Filed By: BRIAN ERIC HAMBURG On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Hearing Scheduled Associated Entries: 01/18/2024 - Hearing Held + Scheduled For: 01/23/2024; 2:00 PM; JOSHUA BOYD CHRISTENSEN; Greene
- Notice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: BRIAN ERIC HAMBURG On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Order Second Temporary Restraining Order entered. JBC/lnp
- Motion Hearing Held Plaintiff appears by atty Hamburg. TRO extended per formal order to follow. JBC/lnp Associated Entries: 01/09/2024 - Motion Hearing Scheduled Scheduled For: 01/11/2024; 9:00 AM; JOSHUA BOYD CHRISTENSEN; Greene
- Proposed Order Filed Second Temporary Restraining Order; Electronic Filing Certificate of Service. Filed By: AMANDA IRENE FICK On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Motion Hearing Scheduled Associated Entries: 01/11/2024 - Motion Hearing Held + Scheduled For: 01/11/2024; 9:00 AM; JOSHUA BOYD CHRISTENSEN; Greene
- Proposed Order Filed Second Temporary Restraining Order; Electronic Filing Certificate of Service. Filed By: AMANDA IRENE FICK On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Motion to Shorten Time Motion to Shorten Time; Electronic Filing Certificate of Service. Filed By: AMANDA IRENE FICK On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Notice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: AMANDA IRENE FICK On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Motion Filed Motion to Extend Temporary Restraining Order; Electronic Filing Certificate of Service. Filed By: AMANDA IRENE FICK On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Notice of Service Servers Return of Service of Temporary Restraining Order and copy of Petition to Remove Trustee with Exhibit A on Respondent Jeramy Stewart Roberts; Electronic Filing Certificate of Service. Filed By: AMANDA IRENE FICK On Behalf Of: EMILY ROBERTS, BEN ROBERTS Associated Entries: 12/28/2023 - Mot for Temp Restraining Order +
- Notice of Service Servers Return of Service of Petition to Remove Trustee with Exhibit A on Respondent Jeramy Stewart Roberts; Electronic Filing Certificate of Service. Filed By: AMANDA IRENE FICK On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Summons Personally Served Document ID - 23-SMCC-2952; Served To - ROBERTS, JERAMY STEWART; Server - ; Served Date - 05-JAN-24; Served Time - 00:00:00; Service Type - Special Process Server; Reason Description - Served Associated Entries: 12/18/2023 - Summons Issued-Circuit +
- Notice to Take Deposition Notice to Take Deposition of Custodian of Records - The Bank of Missouri; Electronic Filing Certificate of Service. Filed By: AMANDA IRENE FICK On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Notice to Take Deposition Notice to Take Deposition of Custodian of Records - BluCurrent Credit Union; Electronic Filing Certificate of Service. Filed By: AMANDA IRENE FICK On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Order Petitioners Ben Roberts and Emily Roberts appear by Webex with atty B. Hamburg in person on Petition for TRO. No other appearances. Temporary Restraining Order entered per formal order herein. JBC/lnp
- Proposed Order Filed Temporary Restraining Order; Electronic Filing Certificate of Service. Filed By: BRIAN ERIC HAMBURG On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Correspondence Filed Correspondence to Clerk providing payment of 100 cash bond; Electronic Filing Certificate of Service. Filed By: BRIAN ERIC HAMBURG On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Order - Special Process Server Associated Entries: 01/02/2024 - Motion Special Process Server +
- Motion Special Process Server Motion for Appointment of Special Process Server; Proposed Order Appointing Special Process Server; Electronic Filing Certificate of Service. Filed By: AMANDA IRENE FICK On Behalf Of: EMILY ROBERTS, BEN ROBERTS Associated Entries: 01/02/2024 - Order - Special Process Server
- Affidavit in Support of Pet Verification and Affidavit of Ben Roberts in Support of Petition for Temporary Restraining Order, Preliminary Injunction and Permanent Injunction; Electronic Filing Certificate of Service. Filed By: BRIAN ERIC HAMBURG On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Affidavit in Support of Pet Verification and Affidavit of Emily Roberts in Support of Petition for Temporary Restraining Order, Preliminary Injunction and Permanent Injunction; Electronic Filing Certificate of Service. Filed By: BRIAN ERIC HAMBURG On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Mot for Temp Restraining Order Petition for Temporary Restraining Order, Preliminary Injunction and Permanent Injunction; Electronic Filing Certificate of Service. Filed By: AMANDA IRENE FICK On Behalf Of: EMILY ROBERTS, BEN ROBERTS Associated Entries: 01/04/2024 - Notice of Service +
- Summons Issued-Circuit Document ID: 23-SMCC-2952, for ROBERTS, JERAMY STEWART. Alias Summons saved and attached in PDF format for Attorney to retrieve from secure case.net./ Associated Entries: 12/15/2023 - Correspondence Filed + Associated Entries: 01/04/2024 - Summons Personally Served +
- Summons Withdrawn Document ID - 23-SMCC-2711; Served To - ROBERTS, JERAMY STEWART; Server - ; Served Date - 18-DEC-23; Served Time - 00:00:00; Service Type - Not Available; Reason Description - Other; Service Text - Per request from Attorney. Alias summons issued Associated Entries: 12/15/2023 - Correspondence Filed +
- Judge/Clerk - Note Blank Subpoena signed by Clerk / Deputy Clerk per request Associated Entries: 12/18/2023 - Correspondence Filed +
- Correspondence Filed Correspondence to Clerk requesting subpoena form; Electronic Filing Certificate of Service. Filed By: AMANDA IRENE FICK On Behalf Of: EMILY ROBERTS, BEN ROBERTS Associated Entries: 12/18/2023 - Judge/Clerk - Note +
- Correspondence Filed Correspondence to Clerk requesting issuance of alias summons to Respondent; Electronic Filing Certificate of Service. Filed By: AMANDA IRENE FICK On Behalf Of: EMILY ROBERTS, BEN ROBERTS Associated Entries: 12/18/2023 - Summons Issued-Circuit + Associated Entries: 12/18/2023 - Summons Withdrawn +
- Entry of Appearance Filed Entry of Appearance of Attorney Amanda Fick on behalf of Petitioners; Electronic Filing Certificate of Service. Filed By: AMANDA IRENE FICK On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Summons Issued-Circuit Document ID: 23-SMCC-2711, for ROBERTS, JERAMY STEWART.Summons saved and attached in PDF format for Attorney to retrieve from secure case.net./
- Certificate of Death Filed Death Certification of James E Roberts Jr. Filed By: BRIAN ERIC HAMBURG On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Confid Filing Info Sheet Filed Confidential Filing Information Sheet for Settlor. Filed By: BRIAN ERIC HAMBURG On Behalf Of: EMILY ROBERTS, BEN ROBERTS
- Auditor Check List/Excpt Ltr Clerk reviews file and notes that information is missing (see attached). Said information is due within 30 days.
- Judge Assigned
- PR Costs - Trusts
- Filing Info Sheet eFiling Filed By: BRIAN ERIC HAMBURG
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