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- Judgment Entered ACCORDINGLY, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Judgment is entered in favor of Plaintiff and against Defendant in the amount of $8,116.67, plus attorney's fees in the amount of $24,529.50, and costs and litigation in the amount of $5,369.17. SO ORDERED: JUDGE KATHERINE M. FOWLER
- Suggestions in Support Plaintiff Reply in Support of her Motion for Attorneys Fees and Costs; Electronic Filing Certificate of Service. Filed By: BRYAN ETHAN BRODY On Behalf Of: SANDY ALLEN
- Response Filed Defendants Resp to Pl Mtn for Atty Fees and Costs; Electronic Filing Certificate of Service. Filed By: KEVIN DEAN WAYMAN On Behalf Of: ALI'S AUTO SALES LLC
- Motion for Attorney's Fees Motion for Attorneys Fees and Costs; Exhibit 18 - Affidavit of Bryan Brody; Exhibit 19 - Affidavit of Alexander Cornwell; Exhibit 20 - Invoice of Fees and Costs; Exhibit 21 - US Consumer Law Fee Survey; Exhibit 22 - Cases Adopting US Consumer Law Survey; Exhibit 23 - Proposed Release; Exhibit 24 - Settlement Emails; Electronic Filing Certificate of Service. Filed By: BRYAN ETHAN BRODY On Behalf Of: SANDY ALLEN
- Judgment Entered
- Tried by Court-Civil
- Order WHEREFORE, it is hereby ordered, adjudged and decreed that Judgment is entered in favor of Plaintiff Sandy Allen and against Defendant Ali's Auto Sales, LLC in the amount of $8,116.67, plus attorney's fees and court costs in an amount to be determined. SO ORDERED: JUDGE KATHERINE M. FOWLER
- Certificate of Service Cert of Service of Emaililng Def Prop Find of Fact and Concl of Law and Judgment on Pl Amended Petition for Damages; Electronic Filing Certificate of Service. Filed By: KEVIN DEAN WAYMAN On Behalf Of: ALI'S AUTO SALES LLC
- Motion to Dismiss Plaintiff Motion for Leave to Dismiss With Prejudice Count III ONLY of Plaintiffs First Amended Petition; Electronic Filing Certificate of Service. Filed By: BRYAN ETHAN BRODY On Behalf Of: SANDY ALLEN
- Propsd/Sugg Findings of Fact Plaintiff Proposed Findings of Fact and Conclusions of Law; Electronic Filing Certificate of Service. Filed By: BRYAN ETHAN BRODY On Behalf Of: SANDY ALLEN
- Bench Trial Held Associated Entries: 05/15/2024 - Hearing Continued/Rescheduled Associated Entries: 05/15/2024 - Bench Trial Scheduled Scheduled For: 07/08/2024; 9:00 AM; KATHERINE MURRAY FOWLER; City of St. Louis
- Hearing/Trial Cancelled Associated Entries: 05/15/2024 - Bench Trial Scheduled Scheduled For: 07/11/2024; 9:00 AM; KATHERINE MURRAY FOWLER; City of St. Louis
- Trial Minutes Filed
- Order Cause called for bench trial, parties appear in person and by counsel. Testimony and evidence adduced, and the matter is hereby taken under submission. Parties are to submit any proposed findings of fact and conclusions of law no later than August 5, 2024. SO ORDERED: JUDGE KATHERINE M. FOWLER
- Order Plaintiff's Request For Findings Of Fact And Conclusions O Law Pursuant To Rule 73.01 GRANTED SO ORDERED: JUDGE KATHERINE M. FOWLER
- Order Plaintiff's Motion to Bifurcate The Issue Of Attorneys Fees and Costs GRANTED SO ORDERED: JUDGE KATHERINE M. FOWLER
- Entry of Appearance Filed Comes now, Alexander J. Cornell of Brady & Cornell, LLC and hereby enters his appearance on behalf of Plaintiff Sandy Allen in
- Request Filed Plaintiff Request for Findings of Fact and Conclusions of Law; Electronic Filing Certificate of Service. Filed By: BRYAN ETHAN BRODY On Behalf Of: SANDY ALLEN
- Motion Filed Motion to Bifurcate the Issue of Attorneys Fees and Costs; Electronic Filing Certificate of Service. Filed By: BRYAN ETHAN BRODY On Behalf Of: SANDY ALLEN
- Cert Serv Resp Req Prod Doc Th Certificate of Service; Electronic Filing Certificate of Service. Filed By: BRYAN ETHAN BRODY On Behalf Of: SANDY ALLEN
- Bench Trial Scheduled Associated Entries: 07/08/2024 - Hearing/Trial Cancelled Scheduled For: 07/11/2024; 9:00 AM; KATHERINE MURRAY FOWLER; City of St. Louis
- Bench Trial Scheduled Associated Entries: 07/08/2024 - Bench Trial Held Scheduled For: 07/08/2024; 9:00 AM; KATHERINE MURRAY FOWLER; City of St. Louis
- Hearing Continued/Rescheduled Associated Entries: 01/04/2024 - Hearing Continued/Rescheduled + Associated Entries: 01/04/2024 - Bench Trial Scheduled Associated Entries: 07/08/2024 - Bench Trial Held Hearing Continued From: 04/08/2024; 9:00 AM Bench Trial
- Order This case is set for a bench trial on 7/8/24 (with a backup setting of 7/11/24) at 9:00 am. SO ORDERED: JUDGE KATHERINE M. FOWLER
- Hearing/Trial Cancelled Associated Entries: 02/28/2024 - Pre-trial Conference Scheduled Scheduled For: 03/14/2024; 10:00 AM; KATHERINE MURRAY FOWLER; City of St. Louis
- Pre-trial Conference Scheduled Associated Entries: 02/29/2024 - Hearing/Trial Cancelled Scheduled For: 03/14/2024; 10:00 AM; KATHERINE MURRAY FOWLER; City of St. Louis
- Order A pretrial conference in the above-case is scheduled for March 14, 2024 at 10 am. SO ORDERED: JUDGE KATHERINE M. FOWLER
- Bench Trial Scheduled Associated Entries: 05/15/2024 - Hearing Continued/Rescheduled Scheduled For: 04/08/2024; 9:00 AM; KATHERINE MURRAY FOWLER; City of St. Louis
- Hearing Continued/Rescheduled Continuance Reason - Request of Court; Continuance Requestor - Petitioner/Plaintiff Associated Entries: 11/06/2023 - Hearing Continued/Rescheduled + Associated Entries: 11/06/2023 - Bench Trial Scheduled Associated Entries: 05/15/2024 - Hearing Continued/Rescheduled Hearing Continued From: 01/16/2024; 9:00 AM Bench Trial
- Order for Continuance Upon good cause shown, Plaintiff's Motion to continue trial setting is granted. Bench trial continued to 4/8/24 at 9:00 am. SO ORDERED: JUDGE KATHERINE M. FOWLER
- Pre-Trial Conference Held Associated Entries: 12/13/2023 - Pre-trial Conference Scheduled Scheduled For: 01/04/2024; 2:30 PM; KATHERINE MURRAY FOWLER; City of St. Louis
- Notice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: BRYAN ETHAN BRODY On Behalf Of: SANDY ALLEN
- Motion for Continuance Plaintiff Motion for Continuance of Trial Setting; Affidavit of Bryan Brody; Electronic Filing Certificate of Service. Filed By: BRYAN ETHAN BRODY On Behalf Of: SANDY ALLEN
- Pre-trial Conference Scheduled Associated Entries: 01/04/2024 - Pre-Trial Conference Held Scheduled For: 01/04/2024; 2:30 PM; KATHERINE MURRAY FOWLER; City of St. Louis
- Order A pretrial conference in the above-case is scheduled for January 4, 2024 at 2:30 PM SO ORDERED: JUDGE KATHERINE M. FOWLER
- Bench Trial Scheduled Associated Entries: 01/04/2024 - Hearing Continued/Rescheduled + Scheduled For: 01/16/2024; 9:00 AM; KATHERINE MURRAY FOWLER; City of St. Louis
- Hearing Continued/Rescheduled Continuance Reason - Request of Court; Continuance Requestor - Joint Associated Entries: 09/07/2023 - Jury Trial Scheduled Associated Entries: 01/04/2024 - Hearing Continued/Rescheduled + Hearing Continued From: 11/06/2023; 9:00 AM Jury Trial
- Order for Continuance Parties appear by counsel, cause not reached for Bench Trial. Cause set for Bench Trial on Tuesday, January 16, 2024 at 9:00 am for a 1 day trial. SO ORDERED: JUDGE KATHERINE M. FOWLER
- Memorandum Filed Plaintiff Jury Waiver; Electronic Filing Certificate of Service. Filed By: BRYAN ETHAN BRODY On Behalf Of: SANDY ALLEN
- Memorandum Filed Memorandum re Waive Jury Trial; Electronic Filing Certificate of Service. Filed By: KEVIN DEAN WAYMAN On Behalf Of: ALI'S AUTO SALES LLC
- Cert Serv Resp Req Prod Doc Th Certificate of Service; Electronic Filing Certificate of Service. Filed By: BRYAN ETHAN BRODY On Behalf Of: SANDY ALLEN
- Pre-Trial Conference Held Associated Entries: 10/03/2023 - Pre-trial Conference Scheduled Scheduled For: 10/23/2023; 11:30 AM; KATHERINE MURRAY FOWLER; City of St. Louis
- Cert Serv of Rspns to Interrog Certificate of Service of Def First Supp Respon to Pl First Set of Interrog; Electronic Filing Certificate of Service. Filed By: KEVIN DEAN WAYMAN On Behalf Of: ALI'S AUTO SALES LLC
- Request Filed PLAINTIFF'S REQUESTS FOR JURY INSTRUCTIONS; Electronic Filing Certificate of Service. Filed By: BRYAN ETHAN BRODY On Behalf Of: SANDY ALLEN
- Motion In Limine Plaintiff Motions in Limine; Electronic Filing Certificate of Service. Filed By: BRYAN ETHAN BRODY On Behalf Of: SANDY ALLEN
- Order ORDER REQUESTING ASSIGNMENT OF PETIT JURORS: The undersigned parties and attorneys of record agree that this case is ready for trial by jury and have requested the Assigned Trial Judge to schedule this case for jury trial, commencing on November 6, 2023, at 9:00 am. Exigent circumstances with urgent issues given the age of the case. In requesting assignment of petit jurors for this case, it is the party's intent to resolve this case by jury trial. Any other disposition of the case, including a plea of guilty, will occur no later than the Friday before the trial date listed above. The parties believe this case will require 5 days of trial. So Ordered: Judge Katherine M. Fowler
- Order A pretrial conference in the above-case is scheduled for October 23, 2023 at 11:30 am. See Division 4 Guidelines on the Division's Homepage for pretrial deadlines and procedures. The pretrial hearing will be held in person in Division 4. So Ordered: Judge Katherine M. Fowler
- Pre-trial Conference Scheduled Associated Entries: 10/23/2023 - Pre-Trial Conference Held Scheduled For: 10/23/2023; 11:30 AM; KATHERINE MURRAY FOWLER; City of St. Louis
- Ord Transfer P/Judge for Assn Cause assigned to Division # 04 for trial on 11/06/23. see court order So Ordered: Elizabeth B. Hogan, Judge
- Jury Trial Scheduled Associated Entries: 11/06/2023 - Hearing Continued/Rescheduled + Scheduled For: 11/06/2023; 9:00 AM; KATHERINE MURRAY FOWLER; City of St. Louis
- Hearing/Trial Cancelled Associated Entries: 09/01/2023 - Hearing Continued/Rescheduled Associated Entries: 09/01/2023 - Jury Trial Scheduled Scheduled For: 11/06/2023; 9:00 AM; ELIZABETH BYRNE HOGAN; City of St. Louis
- Judge Assigned
- Jury Trial Scheduled Associated Entries: 09/07/2023 - Hearing/Trial Cancelled Scheduled For: 11/06/2023; 9:00 AM; ELIZABETH BYRNE HOGAN; City of St. Louis
- Hearing Continued/Rescheduled Associated Entries: 07/18/2023 - Hearing Continued/Rescheduled Associated Entries: 07/18/2023 - Jury Trial Scheduled Associated Entries: 09/07/2023 - Hearing/Trial Cancelled Hearing Continued From: 09/18/2023; 9:00 AM Jury Trial
- Jury Trial Scheduled Associated Entries: 09/01/2023 - Hearing Continued/Rescheduled Scheduled For: 09/18/2023; 9:00 AM; ELIZABETH BYRNE HOGAN; City of St. Louis
- Hearing Continued/Rescheduled Associated Entries: 06/02/2023 - Hearing Continued/Rescheduled Associated Entries: 06/02/2023 - Jury Trial Scheduled Associated Entries: 09/01/2023 - Hearing Continued/Rescheduled Hearing Continued From: 07/24/2023; 9:00 AM Jury Trial
- Jury Trial Scheduled Associated Entries: 07/18/2023 - Hearing Continued/Rescheduled Scheduled For: 07/24/2023; 9:00 AM; ELIZABETH BYRNE HOGAN; City of St. Louis
- Hearing Continued/Rescheduled Associated Entries: 04/19/2023 - Hearing Continued/Rescheduled Associated Entries: 04/19/2023 - Jury Trial Scheduled Associated Entries: 07/18/2023 - Hearing Continued/Rescheduled Hearing Continued From: 06/12/2023; 9:00 AM Jury Trial
- Jury Trial Scheduled Associated Entries: 06/02/2023 - Hearing Continued/Rescheduled Scheduled For: 06/12/2023; 9:00 AM; ELIZABETH BYRNE HOGAN; City of St. Louis
- Hearing Continued/Rescheduled Associated Entries: 03/01/2023 - Hearing Continued/Rescheduled Associated Entries: 03/01/2023 - Jury Trial Scheduled Associated Entries: 06/02/2023 - Hearing Continued/Rescheduled Hearing Continued From: 04/24/2023; 9:00 AM Jury Trial
- Certificate of Service Certificate of Service; Electronic Filing Certificate of Service. Filed By: BRYAN ETHAN BRODY On Behalf Of: SANDY ALLEN
- Jury Trial Scheduled Associated Entries: 04/19/2023 - Hearing Continued/Rescheduled Scheduled For: 04/24/2023; 9:00 AM; ELIZABETH BYRNE HOGAN; City of St. Louis
- Hearing Continued/Rescheduled Associated Entries: 01/18/2023 - Hearing Continued/Rescheduled Associated Entries: 01/18/2023 - Jury Trial Scheduled Associated Entries: 04/19/2023 - Hearing Continued/Rescheduled Hearing Continued From: 03/06/2023; 9:00 AM Jury Trial
- Notice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: BRYAN ETHAN BRODY
- Motion for Trial Setting Plaintiff Motion for Trial Setting; Electronic Filing Certificate of Service. Filed By: BRYAN ETHAN BRODY On Behalf Of: SANDY ALLEN
- Filing: CERTIFICATE OF DEPOSITION for SANDRA ALLEN
- Jury Trial Scheduled Associated Entries: 03/01/2023 - Hearing Continued/Rescheduled Scheduled For: 03/06/2023; 9:00 AM; ELIZABETH BYRNE HOGAN; City of St. Louis
- Hearing Continued/Rescheduled Associated Entries: 11/23/2022 - Hearing Continued/Rescheduled Associated Entries: 11/23/2022 - Jury Trial Scheduled Associated Entries: 03/01/2023 - Hearing Continued/Rescheduled Hearing Continued From: 01/23/2023; 9:00 AM Jury Trial
- Amended Answer Filed Defendants Answer to First Amended Petition; Electronic Filing Certificate of Service. Filed By: KEVIN DEAN WAYMAN On Behalf Of: ALI'S AUTO SALES LLC
- Hearing Held Associated Entries: 12/13/2022 - Hearing Scheduled Scheduled For: 01/04/2023; 11:00 AM; JASON MARK SENGHEISER; Carnahan Courthouse
- Judgment Entered Judgement of Contempt as to mid west auto mart LLC. Plaintiff Sandy Allen Appears by counsel, Defendant Ali's auto sales does not appear, and mid west auto mart LLC appears not. The court finds that Mid West Auto Mart, LLC is in contempt of Court and imposes the payment of a fine to remedy the noncompliance. The court finds $1,780.00, representing 4.0 hours of time at $395.00 per hour plus $200.00 for payment to the court reporter for the depositoin transcript to be a reasonalbe amount for the fine. WHEREFORE it is ORDERED, ADJUDGED, and DECREED that Plaintiff Sandy Allen recover rom Mid West Auto Mart, LLC the sum of $1,780.00. SO ORDERED JUDGE JASON M. SENGHEISER #55132.
- Amended Motion/Petition Filed First Amended Petition; Electronic Filing Certificate of Service. Filed By: BRYAN ETHAN BRODY On Behalf Of: SANDY ALLEN
- Hearing Scheduled Associated Entries: 01/04/2023 - Hearing Held Scheduled For: 01/04/2023; 11:00 AM; JASON MARK SENGHEISER; Carnahan Courthouse
- Order IT IS ORDERED that Mid-West Auto Mart, LLC shall show cause as to why the Court should not find it in contempt and enter sanctions against Mid-West Auto Mart, LLC for its failure to appear pursuant to a Subpoena for Taking Deposition and a Subpoena Duces Tecum Order to Produce Documents accompanied by a Notice Rule 57.03(b)(4) Deposition directed to Mid-West Auto Mart, LLC no later than January 3, 2023. IT IS FURTHER ORDERED that this matter is set for hearing on January 4, 2023 at 11:00 a.m. SO ORDERED: JUDGE JASON M. SENGHEISER
- Order Granting Leave IT IS HEREBY ORDERED that Plaintiff's Motion for Leave to Amended Petition is GRANTED; that Defendant has 30 days, form the date Plaintiff files her First Amended Petition, to file it responsive pleadings; and that the parties are granted leave to serve additional discovery, including an additional twenty-five interrogatories per rule 57.01(a). SO ORDERED: JUDGE JASON M. SENGHEISER
- Order Granting Leave It is hearby ORDERED that plaintiff's motion for Leave to Amend Petition is Granted. (See order for details) So ordered Judge Jason M. Sengheiser.
- Proposed Order Filed Order; Electronic Filing Certificate of Service. Filed By: BRYAN ETHAN BRODY On Behalf Of: SANDY ALLEN
- Notice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: BRYAN ETHAN BRODY On Behalf Of: SANDY ALLEN
- Jury Trial Scheduled Associated Entries: 01/18/2023 - Hearing Continued/Rescheduled Scheduled For: 01/23/2023; 9:00 AM; ELIZABETH BYRNE HOGAN; City of St. Louis
- Hearing Continued/Rescheduled Associated Entries: 09/28/2022 - Hearing Continued/Rescheduled Associated Entries: 09/28/2022 - Jury Trial Scheduled Associated Entries: 01/18/2023 - Hearing Continued/Rescheduled Hearing Continued From: 11/28/2022; 9:00 AM Jury Trial
- Motion for Leave Plaintiff Motion for Leave to File First Amended Petition; proposed First Amended Petition; Electronic Filing Certificate of Service. Filed By: BRYAN ETHAN BRODY On Behalf Of: SANDY ALLEN
- Notice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: BRYAN ETHAN BRODY On Behalf Of: SANDY ALLEN
- Motion for Civil Contempt Plaintiff¿s Motion for Contempt as to Mid-West Auto Mart, LLC; Exhibit 1,2, and 3; Electronic Filing Certificate of Service. Filed By: BRYAN ETHAN BRODY
- Notice of Service Affidavit of Served Subpoena; Electronic Filing Certificate of Service. Filed By: BRYAN ETHAN BRODY On Behalf Of: SANDY ALLEN
- Jury Trial Scheduled Associated Entries: 11/23/2022 - Hearing Continued/Rescheduled Scheduled For: 11/28/2022; 9:00 AM; MICHAEL FRANCIS STELZER; City of St. Louis
- Hearing Continued/Rescheduled Associated Entries: 05/12/2022 - Jury Trial Scheduled Associated Entries: 11/23/2022 - Hearing Continued/Rescheduled Hearing Continued From: 10/03/2022; 9:00 AM Jury Trial
- Notice to Take Deposition Notice of Evidentiary Deposition re Sandy Allen; Electronic Filing Certificate of Service. Filed By: KEVIN DEAN WAYMAN On Behalf Of: ALI'S AUTO SALES LLC
- Cert Serv Resp Req Prod Doc Th Certificate of Service; Electronic Filing Certificate of Service. Filed By: BRYAN ETHAN BRODY On Behalf Of: SANDY ALLEN
- Notice to Take Deposition Subpoena for Producing Documents; Electronic Filing Certificate of Service. Filed By: BRYAN ETHAN BRODY On Behalf Of: SANDY ALLEN
- Notice to Take Deposition Amended Notice of Rule 57.03b4 Deposition of Defendant; Electronic Filing Certificate of Service. Filed By: BRYAN ETHAN BRODY On Behalf Of: SANDY ALLEN
- Notice to Take Deposition NOTICE OF RULE 57.03(b)(4) DEPOSITION OF DEFENDANT ALI'S AUTO SALES LLC; Electronic Filing Certificate of Service. Filed By: BRYAN ETHAN BRODY On Behalf Of: SANDY ALLEN
- Certificate of Service Certificate of Service of Defendants Responses to Plaintiffs Discovery Requests; Electronic Filing Certificate of Service. Filed By: KEVIN DEAN WAYMAN On Behalf Of: ALI'S AUTO SALES LLC
- Cert Serv Req Prod Docs Things Certificate of Service of Discovery to Plaintiff; Electronic Filing Certificate of Service. Filed By: KEVIN DEAN WAYMAN On Behalf Of: ALI'S AUTO SALES LLC
- Cert Serv Req Prod Docs Things Certificate of Service; Electronic Filing Certificate of Service. Filed By: BRYAN ETHAN BRODY On Behalf Of: SANDY ALLEN
- Amended Answer Filed First Amended Answer to Petition; Electronic Filing Certificate of Service. Filed By: KEVIN DEAN WAYMAN On Behalf Of: ALI'S AUTO SALES LLC
- Answer Filed Answer to Petition; Electronic Filing Certificate of Service. Filed By: KEVIN DEAN WAYMAN On Behalf Of: ALI'S AUTO SALES LLC
- Corporation Served Document ID - 22-SMCC-5443; Served To - ALI'S AUTO SALES LLC; Server - ; Served Date - 06-JUL-22; Served Time - 10:05:00; Service Type - Sheriff Department; Reason Description - Served
- Summons Req-Serv by Mail Affidavit of Served Summons - MO SOS. Filed By: BRYAN ETHAN BRODY On Behalf Of: SANDY ALLEN
- Alias Summons Issued Document ID: 22-SMCC-5443, for ALI'S AUTO SALES LLC.
- Summons Returned Non-Est Document ID - 22-SMCC-2078; Served To - ALI'S AUTO SALES LLC; Server - ; Served Date - 28-MAY-22; Served Time - 00:00:00; Service Type - Special Process Server; Reason Description - Non-est
- Alias Summons Requested Alias Summons Request - MO SOS. Filed By: BRYAN ETHAN BRODY On Behalf Of: SANDY ALLEN
- Notice of Service Affidavit of Non-Served Summons. Filed By: BRYAN ETHAN BRODY On Behalf Of: SANDY ALLEN
- Jury Trial Scheduled Associated Entries: 09/28/2022 - Hearing Continued/Rescheduled Scheduled For: 10/03/2022; 9:00 AM; MICHAEL FRANCIS STELZER; City of St. Louis
- Summons Issued-Circuit Document ID: 22-SMCC-2078, for ALI'S AUTO SALES LLC.
- Confid Filing Info Sheet Filed Filed By: BRYAN ETHAN BRODY
- Request Filed SPECIAL PROCESS SERVER REQUEST. Filed By: BRYAN ETHAN BRODY On Behalf Of: SANDY ALLEN
- Pet Filed in Circuit Ct PETITION. Filed By: BRYAN ETHAN BRODY
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