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Photo of Missouri Unified County

Court

Missouri Unified County

Missouri

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Case Information

Filed 2023-10-20
Type Cc Pers Injury Other
Docket 51 entries
Disposition default judgment

Parties

Plaintiff Doogs, Frank|Kempton, T Brody
Defendant Nicholson, Connie M|Baker, Daniel J|Fry, Phillip R
Photo of Hon. Mittelhauser Jeff A

Judge

Hon. Mittelhauser Jeff A

Benton County (MO)

Missouri

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Lawyers

Docket Entries

  2. Default Judgment
  3. Judgment Entered The Court finds in favor of Plaintiff and against Defendant Phillip R Fry and assesses Plaintiff's compensatory damages as follows: $500,000.00 to Plaintiff. Post-judgment interest rate is 9.83%. The costs of this action are assessed against Defendant Phillip R. Fry. JM (38)
  4. Motion Hearing Held Court Reporter. Plaintiff is in court in person and with attorney Brody Kempton. Defendant Phillip Fry, although duly served on December 25, 2023, has not filed an answer or a responsive pleading and is in default. Motion for Default comes on for hearing. Evidence is presented. Court finds in favor of Plaintiff and against Defendant in the amount of $500,000.00. Attorney Kempton to provide formal judgment. JM (4) Associated Entries: 10/09/2024 - Motion Hearing Scheduled Scheduled For: 10/30/2024; 1:30 PM; JEFF A MITTELHAUSER; Circuit Division Pettis
  5. Motion Hearing Scheduled Associated Entries: 10/30/2024 - Motion Hearing Held + Scheduled For: 10/30/2024; 1:30 PM; JEFF A MITTELHAUSER; Circuit Division Pettis
  6. Amended Notice of Hrng Filed Amended Notice of Hearing; Electronic Filing Certificate of Service. Filed By: T BRODY KEMPTON On Behalf Of: FRANK V DOOGS
  7. Hearing Continued/Rescheduled Plaintiff is in court by attorney Brody Kempton. No other party appears. Cause is continued generally. JM (4) Associated Entries: 08/14/2024 - Motion Hearing Scheduled Hearing Continued From: 09/10/2024; 9:00 AM Motion Hearing
  8. Motion Hearing Scheduled Associated Entries: 09/10/2024 - Hearing Continued/Rescheduled + Scheduled For: 09/10/2024; 9:00 AM; JEFF A MITTELHAUSER; Circuit Division Pettis
  9. Notice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: T BRODY KEMPTON On Behalf Of: FRANK V DOOGS
  10. Motion for Default Judgment Motion for Default Judgment; Electronic Filing Certificate of Service. Filed By: T BRODY KEMPTON On Behalf Of: FRANK V DOOGS
  11. Voluntary Dismissal Filed Voluntary Dismissal against Defendant Connie M. Nicholson; Electronic Filing Certificate of Service. Filed By: T BRODY KEMPTON On Behalf Of: FRANK V DOOGS
  12. Order Attorney for Plaintiff has advised the court he has no objection to Defendant Nicholson's Second Motion To Remove Sanctions. It is so ordered. JM (38)
  13. Hearing/Trial Cancelled Associated Entries: 07/11/2024 - Motion Hearing Scheduled Scheduled For: 08/13/2024; 9:00 AM; JEFF A MITTELHAUSER; Circuit Division Pettis
  14. Order Pursuant to Rule 55.30(c), Defendant's Second Motion to Set Aside Order of Sanctions shall be determined without oral hearing. Parties are allowed until August 12, 2024 to file brief written statements of their reasons in support of or in opposition to such motion. Case removed from the August 13, 2024 docket. JM/16
  15. Motion Hearing Scheduled Associated Entries: 07/24/2024 - Hearing/Trial Cancelled Scheduled For: 08/13/2024; 9:00 AM; JEFF A MITTELHAUSER; Circuit Division Pettis
  16. Notice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: DANIEL J BAKER On Behalf Of: CONNIE M NICHOLSON
  17. Motion to Set Aside Second Motion to Set Aside Order of Sanctions; Electronic Filing Certificate of Service. Filed By: DANIEL J BAKER On Behalf Of: CONNIE M NICHOLSON
  18. Certificate of Service Certificate of Service - Defendants Discovery Responses; Electronic Filing Certificate of Service. Filed By: DANIEL J BAKER On Behalf Of: CONNIE M NICHOLSON
  19. Cert Serv of Interrog Filed Certificate of Service - Discovery Requests to Plaintiff; Electronic Filing Certificate of Service. Filed By: DANIEL J BAKER On Behalf Of: CONNIE M NICHOLSON
  20. Amended Answer Filed
  21. Motion Hearing Held Plaintiff is in court by attorney Brody Kempton. Defendant Connie Nicholson is in court in person and with attorney Daniel Baker. Defendant's Motion for Leave to File Amended Answer is taken up. Court grants motion and the amended answer filed with the motion on July 3rd is deemed filed. Defendant's Motion to Set Aside Order of Sanctions is taken up and denied. Plaintiff's Motion for Trial Setting is passed. JM (4) Associated Entries: 06/27/2024 - Motion Hearing Scheduled Scheduled For: 07/09/2024; 9:00 AM; JEFF A MITTELHAUSER; Circuit Division Pettis
  22. Notice of Hearing Filed Notice of Hearing July 9, 2024, at 9:00 a.m.; Electronic Filing Certificate of Service. Filed By: DANIEL J BAKER On Behalf Of: CONNIE M NICHOLSON
  23. Motion to Shorten Time Motion to Shorten Time; Electronic Filing Certificate of Service. Filed By: DANIEL J BAKER On Behalf Of: CONNIE M NICHOLSON
  24. Motion for Leave Motion for Leave to File Amended Answer and to Set Aside Order of Sanctions; Amended Answer of Connie Nicholson; Electronic Filing Certificate of Service. Filed By: DANIEL J BAKER On Behalf Of: CONNIE M NICHOLSON
  25. Entry of Appearance Filed Entry of Appearance on behalf of the Defendant Connie M. Nicholson; Electronic Filing Certificate of Service. Filed By: DANIEL J BAKER On Behalf Of: CONNIE M NICHOLSON
  26. Motion Hearing Scheduled Associated Entries: 07/09/2024 - Motion Hearing Held + Scheduled For: 07/09/2024; 9:00 AM; JEFF A MITTELHAUSER; Circuit Division Pettis
  27. Notice of Hearing Filed Notice of Hearing. Filed By: T BRODY KEMPTON On Behalf Of: FRANK V DOOGS
  28. Motion for Trial Setting Plaintiffs Motion for Trial Setting. Filed By: T BRODY KEMPTON On Behalf Of: FRANK V DOOGS
  29. Cert Serv of Req for Admission Certificate of Service. Filed By: T BRODY KEMPTON On Behalf Of: FRANK V DOOGS
  30. Motion Granted/Sustained Associated Entries: 01/04/2024 - Motion for Sanctions +
  31. Hearing Held Plaintiff appears by attorney B. Kempton. Defendant Nicholson appears in person. Plaintiff's Motion for Sanctions is taken up, argued and sustained as follows: For failing to respond to Plaintiff's Request for Production of Documents in the manner required by Rule 58.01, Defendant Nicholson is barred from offering into evidence or referring to any written lease agreement with Phillip Fry. JM (4) Associated Entries: 02/28/2024 - Hearing Scheduled Scheduled For: 03/12/2024; 9:00 AM; JEFF A MITTELHAUSER; Circuit Division Pettis
  32. Hearing Scheduled Associated Entries: 03/12/2024 - Hearing Held + Scheduled For: 03/12/2024; 9:00 AM; JEFF A MITTELHAUSER; Circuit Division Pettis
  33. Notice of Hearing Filed Notice of Hearing. Filed By: T BRODY KEMPTON On Behalf Of: FRANK V DOOGS
  34. Motion Hearing Held Plaintiff is in court by attorney Brody Kempton. Defendant Connie Nicholson appears in court in person pro se. Defendant Phillip Fry appears not. Plaintiff's Motion for Sanctions is taken up. Motion remains pending. Defendant Connie Nicholson is to produce documents pursuant to rule within 10 days. JM (4) Associated Entries: 01/08/2024 - Motion Hearing Scheduled Scheduled For: 02/13/2024; 9:00 AM; JEFF A MITTELHAUSER; Circuit Division Pettis
  35. Summons Personally Served Document ID - 23-SMCC-411; Served To - FRY, PHILLIP R; Server - PETTIS COUNTY SHERIFF; Served Date - 25-DEC-23; Served Time - 11:02:00; Service Type - Sheriff Department; Reason Description - Served
  36. Motion Hearing Scheduled Associated Entries: 02/13/2024 - Motion Hearing Held + Scheduled For: 02/13/2024; 9:00 AM; JEFF A MITTELHAUSER; Circuit Division Pettis
  37. Notice of Hearing Filed Notice of Hearing. Filed By: T BRODY KEMPTON On Behalf Of: FRANK V DOOGS
  38. Motion for Sanctions Motion for Sanctions; Exhibit A; Exhibit B; Exhibit C; Exhibit D; Exhibit E. Filed By: T BRODY KEMPTON On Behalf Of: FRANK V DOOGS Associated Entries: 03/12/2024 - Motion Granted/Sustained
  39. Summons Issued-Circuit Document ID: 23-SMCC-411, for FRY, PHILLIP R.
  40. Alias Summons Requested Request for Alias Summons. Filed By: T BRODY KEMPTON On Behalf Of: FRANK V DOOGS
  41. Summons Returned Non-Est Document ID - 23-SMCC-365; Served To - FRY, PHILLIP R; Server - SO-PETTIS COUNTY-SEDALIA, MISSOURI; Served Date - 20-NOV-23; Served Time - 00:00:00; Service Type - Sheriff Department; Reason Description - Non-est
  42. Cert Serv Req Prod Docs Things Certificate of Service. Filed By: T BRODY KEMPTON On Behalf Of: FRANK V DOOGS
  43. Answer Filed Filed By: CONNIE M NICHOLSON
  44. Notice of Service Summons Served. Filed By: T BRODY KEMPTON On Behalf Of: FRANK V DOOGS
  45. Summons Personally Served Document ID - 23-SMCC-364; Served To - NICHOLSON, CONNIE M; Server - DW BARKLAGE INVESTIGATIONS; Served Date - 22-OCT-23; Served Time - 00:00:00; Service Type - Special Process Server; Reason Description - Served
  46. Summons Issued-Circuit Document ID: 23-SMCC-365, for FRY, PHILLIP R.
  47. Summons Issued-Circuit Document ID: 23-SMCC-364, for NICHOLSON, CONNIE M.
  48. Order - Special Process Server
  49. Filing Info Sheet eFiling Filed By: T BRODY KEMPTON
  50. Proposed Order Filed Proposed Order Approving and Appointing a Private Process Server. Filed By: T BRODY KEMPTON On Behalf Of: FRANK V DOOGS
  51. Motion Special Process Server Motion for Approval and Appointment of Private Process Server. Filed By: T BRODY KEMPTON On Behalf Of: FRANK V DOOGS

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