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Photo of Missouri Unified County

Court

Missouri Unified County

Missouri

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Case Information

Filed 2023-10-03
Type Cc Other Tort
Docket 59 entries
Disposition dismissed

Parties

Plaintiff Osborn, Randy|Neally, Joshua D|Osborn, Diane|Neally, Joshua D|Hardy, Jennifer
Defendant Crg Development, Llc|Wooten, Daniel K|Capital Resorts Group Llc|Wooten, Daniel K|Capital Vacations, Llc|Wooten, Daniel K|Overfelt, Michael D|Fowler, Tina G|Arndt, Austin D.|Fowler, Tina G|Casad, Cameron Miles
Photo of Hon. Merrell Jeffrey M

Judge

Hon. Merrell Jeffrey M

Douglas County (MO)

Missouri

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Lawyers

Docket Entries

  2. Dismissed by Parties
  3. Voluntary Dismissal Filed Dismissal with Prejudice; Electronic Filing Certificate of Service.-tm Filed By: JOSHUA D NEALLY On Behalf Of: RANDY OSBORN, DIANE OSBORN
  4. Order This case remains stayed for arbitration and Separate Defendants Jason Holdman, Jesse Morrison, and Austin Arndt are to arbitrate Plaintiff's claims and join in the arbitration proceeding before Arbitrator Jason Brown.-JM,tm
  5. Hearing/Trial Cancelled Associated Entries: 01/31/2024 - Motion Hearing Scheduled + Scheduled For: 02/20/2024; 1:00 PM; JEFFREY M MERRELL; Taney
  6. Order 2-07-2024 = The Court enters the proposed Order stipulated to by the parties. The hearing scheduled for Feb. 20, 2024, is hereby QUASHED; So Ordered --JMM,tm
  7. Proposed Order Filed Proposed Order; Electronic Filing Certificate of Service.-tm Filed By: TINA G FOWLER On Behalf Of: RANDY OSBORN, DIANE OSBORN, MICHAEL D OVERFELT, AUSTIN D. ARNDT
  8. Stipulation Filed Joint Stipulation and Entry for Order; Electronic Filing Certificate of Service.-tm Filed By: TINA G FOWLER On Behalf Of: RANDY OSBORN, DIANE OSBORN, MICHAEL D OVERFELT, AUSTIN D. ARNDT
  9. Motion Hearing Scheduled Special Setting Associated Entries: 02/07/2024 - Hearing/Trial Cancelled Scheduled For: 02/20/2024; 1:00 PM; JEFFREY M MERRELL; Taney
  10. Notice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. /rg Filed By: TINA G FOWLER On Behalf Of: MICHAEL D OVERFELT, AUSTIN D. ARNDT
  11. Motion to Reconsider Overfelts and Arndts Motion to Join in Arbitration Before Private Arbitrator or in Alternate Motion for Reconsideration; Electronic Filing Certificate of Service. /rg Filed By: TINA G FOWLER On Behalf Of: MICHAEL D OVERFELT, AUSTIN D. ARNDT
  12. Order 1-04-2024 = This Court has considered the pleadings filed and the arguments of counsel and rules that the individual Defendants Michael Overfelt and Austin Arndt - excluding CRG Development, LLC, Capital Resorts Group, LLC, and Capital Vacations, LLC - are ordered to submit to arbitration of Plaintiffs' claims through AAA, unless further ordered by this Court. So Ordered --JMM/rg
  13. Cause Taken Under Advisement 1-03-2024 = Plaintiffs by Atty Neally and Atty Hardy; Defendant CRG by Atty Wooten and Atty Casad for individual Defendants. Hearing on the record. Plaintiffs' motion to reconsider is argued by counsel. Plaintiffs' motion to reconsider is DENIED. Plaintiffs' motion to compel arbitration through AAA and not other arbitrators is argued by counsel. The Court DENIES Plaintiffs' motion to compel the arbitration through AAA as the forum for arbitration. This case remains stayed for arbitration. This Court orders the parties to choose an arbitrator from the following: Michael Cordonnier, Jason Brown, and Mark Powell. This Court takes the matter of arbitration forum for the individual Defendants under advisement; So Ordered --JMM/rg Associated Entries: 12/12/2023 - Motion Hearing Scheduled Scheduled For: 01/03/2024; 9:00 AM; JEFFREY M MERRELL; Taney
  14. Entry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service.-tm Filed By: CAMERON MILES CASAD On Behalf Of: MICHAEL D OVERFELT, AUSTIN D. ARNDT
  15. Suggestions in Opposition Suggestions in Opposition to Plaintiffs Motion to Compel Arbitration With AAA or Motion for Reconsideration; Electronic Filing Certificate of Service.-tm Filed By: TINA G FOWLER On Behalf Of: MICHAEL D OVERFELT, AUSTIN D. ARNDT
  16. Suggestions in Opposition Suggestions in Opposition to Plaintiffs Motion to Compel Arbitration with American Arbitration Association or in the Alternative Motion to Reconsider; Electronic Filing Certificate of Service.-tm Filed By: DANIEL K WOOTEN On Behalf Of: CRG DEVELOPMENT, LLC, CAPITAL RESORTS GROUP LLC, CAPITAL VACATIONS, LLC
  17. Note to Clerk eFiling Filed By: JOSHUA D NEALLY
  18. Amended Notice of Hrng Filed Amended Notice of Special Setting Hearing; Electronic Filing Certificate of Service.-tm Filed By: JOSHUA D NEALLY On Behalf Of: RANDY OSBORN, DIANE OSBORN
  19. Motion Hearing Scheduled Associated Entries: 01/03/2024 - Cause Taken Under Advisement + Scheduled For: 01/03/2024; 9:00 AM; JEFFREY M MERRELL; Taney
  20. Note to Clerk eFiling Filed By: JOSHUA D NEALLY
  21. Notice of Hearing Filed Notice of Special Setting Hearing; Electronic Filing Certificate of Service. /rg Filed By: JOSHUA D NEALLY On Behalf Of: RANDY OSBORN, DIANE OSBORN
  22. Motion to Compel Arbitration Plaintiff's Motion to Compel Arbitration with American Arbitration Association or in the Alternative Motion to Reconsider; Exhibit 1; Exhibit 2; Exhibit 3; Electronic Filing Certificate of Service. /rg Filed By: JOSHUA D NEALLY On Behalf Of: RANDY OSBORN, DIANE OSBORN
  23. Correspondence Filed Correspondence to Honorable Jeffrey Merrell; Electronic Filing Certificate of Service. Filed By: DANIEL K WOOTEN On Behalf Of: CRG DEVELOPMENT, LLC, CAPITAL RESORTS GROUP LLC, CAPITAL VACATIONS, LLC
  24. Entry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. /rg Filed By: DANIEL K WOOTEN On Behalf Of: CRG DEVELOPMENT, LLC, CAPITAL RESORTS GROUP LLC, CAPITAL VACATIONS, LLC
  25. Order 11-28-2023 = Having considered the pleadings and the arguments of counsel, the Court finds and rules as follows: There exists a valid contract between the Plaintiffs and Defendants CRG, Capital Resorts, and Capital Vacations. The contract contains an arbitration provision. Plaintiffs made efforts to follow the contract by notifying Defendants of Plaintiffs' claims and disputes relating to the contract, participating in mediation, and proceeding toward arbitration - including paying the required filing fee and having defendants served with notice. AAA notified Plaintiffs that Defendants failed to comply with AAA's policies and that, therefore, AAA was declining to administer the arbitration. Defendants want to compel arbitration, but apparently not through AAA - and, instead, propose selecting a private arbitrator. Plaintiffs argue that they have complied with the arbitration requirements under the parties' contract, and that Defendants are merely "forum shopping" by refusing to arbitrate through AAA - as is set out in the contract prepared by Defendants. Although Plaintiffs argue that Defendants' failure or refusal to participate in the arbitration amounts to arbitration having been had or completed, this Court is not so convinced. Whether or not Defendants are guilty of "forum shopping" in this matter is an issue that perhaps the higher courts will weigh-in on. However, this Court finds that arbitration has not been had or completed under the parties' contract. In light of the Missouri Supreme Court's long-running support of compelling arbitration where a contract contains an arbitration agreement clause, this Court will SUSTAIN Defendants' motion to compel arbitration in this case; and this Court hereby orders this case be stayed until such time as arbitration is completed. The parties are ordered to submit a stipulation agreeing to a neutral arbitrator by no later than Dec. 8, 2023. If the parties are unable to agree to a neutral arbitrator, the Court should be notified and this Court shall make such an appointment. So Ordered --JMM,tm Associated Entries: 11/27/2023 - Cause Taken Under Advisement +
  26. Cause Taken Under Advisement 11-27-2023 = Plaintiffs by Atty Neally and Atty Hardy; Defendants CRG, Capital Resorts, and Capital Vacations by Atty Wooten and Defendants Arndt and Overfelt Atty Fowler. Hearing on the record. The Court hears arguments of counsel on Defendants' motion to compel arbitration. The Court takes the matter under advisement; So Ordered --JMM,tm Associated Entries: 11/08/2023 - Motion Hearing Scheduled Associated Entries: 11/28/2023 - Order + Scheduled For: 11/27/2023; 1:00 PM; JEFFREY M MERRELL; Taney
  27. Motion Hearing Scheduled Associated Entries: 11/27/2023 - Cause Taken Under Advisement + Scheduled For: 11/27/2023; 1:00 PM; JEFFREY M MERRELL; Taney
  28. Notice of Hearing Filed Notice of Special Setting Hearing; Electronic Filing Certificate of Service. /rg Filed By: JOSHUA D NEALLY On Behalf Of: RANDY OSBORN, DIANE OSBORN
  29. Suggestions in Opposition Filed By: JOSHUA D NEALLY On Behalf Of: RANDY OSBORN, DIANE OSBORN
  30. Cert Serv of Req for Admission Certificate of Service to Defendant Counsel; Electronic Filing Certificate of Service.-tm Filed By: JOSHUA D NEALLY On Behalf Of: RANDY OSBORN, DIANE OSBORN
  31. CRIFS/Unredacted Document CRIFS; Unredacted Exhibit B; Electronic Filing Certificate of Service in associated to Compel Arbitration filed on 10/25/2023. /rg On Behalf Of: MICHAEL D OVERFELT, AUSTIN D. ARNDT Associated Entries: 10/25/2023 - Motion to Compel Arbitration +
  32. CRIFS/Unredacted Document CRIFS; Unredacted Exhibit A; Electronic Filing Certificate of Service in associated to Compel Arbitration filed on 10/25/2023. /rg On Behalf Of: MICHAEL D OVERFELT, AUSTIN D. ARNDT Associated Entries: 10/25/2023 - Motion to Compel Arbitration +
  33. Motion to Compel Arbitration Separate Defendants Michael Overfelts and Austin Arndts Motion to Compel Arbitration and Stay Proceedings; Redacted Exhibit A; Redacted Exhibit B; Electronic Filing Certificate of Service. /rg Filed By: TINA G FOWLER On Behalf Of: MICHAEL D OVERFELT, AUSTIN D. ARNDT Associated Entries: 10/25/2023 - CRIFS/Unredacted Document + Associated Entries: 10/25/2023 - CRIFS/Unredacted Document +
  34. Entry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. /rg Filed By: TINA G FOWLER On Behalf Of: MICHAEL D OVERFELT, AUSTIN D. ARNDT
  35. CRIFS/Unredacted Document Confidential Redaction Information Filing Sheet; Exhibit B - Unredacted; Electronic Filing Certificate of Service in associated to Compel Arbitration filed on 10/23/2023.-tm On Behalf Of: CRG DEVELOPMENT, LLC, CAPITAL RESORTS GROUP LLC, CAPITAL VACATIONS, LLC Associated Entries: 10/23/2023 - Motion to Compel Arbitration +
  36. CRIFS/Unredacted Document Confidential Redaction Information Filing Sheet; Exhibit A - Unredacted; Electronic Filing Certificate of Service in associated to Compel Arbitration filed on 10/23/2023.-tm On Behalf Of: CRG DEVELOPMENT, LLC, CAPITAL RESORTS GROUP LLC, CAPITAL VACATIONS, LLC Associated Entries: 10/23/2023 - Motion to Compel Arbitration +
  37. Motion to Compel Arbitration Motion to Compel Arbitration and Stay Proceedings; Exhibit A - Redacted; Exhibit B - Redacted; Electronic Filing Certificate of Service.-tm On Behalf Of: CRG DEVELOPMENT, LLC, CAPITAL RESORTS GROUP LLC, CAPITAL VACATIONS, LLC Associated Entries: 10/23/2023 - CRIFS/Unredacted Document + Associated Entries: 10/23/2023 - CRIFS/Unredacted Document +
  38. Corporation Served Document ID - 23-SMCC-479; Served To - CRG DEVELOPMENT, LLC; Server - ; Served Date - 18-OCT-23; Served Time - 13:15:00; Service Type - Sheriff Department; Reason Description - Served Associated Entries: 10/10/2023 - Summons Issued-Circuit +
  39. Corporation Served Document ID - 23-SMCC-480; Served To - CAPITAL RESORTS GROUP LLC; Server - ; Served Date - 18-OCT-23; Served Time - 12:15:00; Service Type - Sheriff Department; Reason Description - Served
  40. Notice of Service Served Summons for CRG Development, LLC; Electronic Filing Certificate of Service.-tm Filed By: JOSHUA D NEALLY On Behalf Of: RANDY OSBORN, DIANE OSBORN
  41. Notice of Service Served Summons for Capital Resort Group, LLC; Electronic Filing Certificate of Service.-tm Filed By: JOSHUA D NEALLY On Behalf Of: RANDY OSBORN, DIANE OSBORN
  42. Summons Personally Served Document ID - 23-SMCC-482; Served To - OVERFELT, MICHAEL D; Server - ; Served Date - 11-OCT-23; Served Time - 11:29:00; Service Type - Special Process Server; Reason Description - Served Associated Entries: 10/10/2023 - Summons Issued-Circuit +
  43. Summons Personally Served Document ID - 23-SMCC-483; Served To - ARNDT, AUSTIN D.; Server - ; Served Date - 11-OCT-23; Served Time - 14:36:00; Service Type - Special Process Server; Reason Description - Served Associated Entries: 10/10/2023 - Summons Issued-Circuit +
  44. Corporation Served Document ID - 23-SMCC-481; Served To - CAPITAL VACATIONS, LLC; Server - ; Served Date - 11-OCT-23; Served Time - 13:24:00; Service Type - Special Process Server; Reason Description - Served Associated Entries: 10/10/2023 - Summons Issued-Circuit +
  45. Notice of Service Served Summons for Michael D. Overfelt; Electronic Filing Certificate of Service. Filed By: JOSHUA D NEALLY
  46. Notice of Service Served Summons for Capital Vacations, LLC; Electronic Filing Certificate of Service.-tm Filed By: JOSHUA D NEALLY
  47. Notice of Service Served Summons for Austin D. Ardnt; Electronic Filing Certificate of Service.-tm Filed By: JOSHUA D NEALLY
  48. Order - Special Process Server
  49. Summons Issued-Circuit Document ID: 23-SMCC-483, for ARNDT, AUSTIN D. Associated Entries: 10/12/2023 - Summons Personally Served +
  50. Summons Issued-Circuit Document ID: 23-SMCC-482, for OVERFELT, MICHAEL D Associated Entries: 10/12/2023 - Summons Personally Served +
  51. Summons Issued-Circuit Document ID: 23-SMCC-481, for CAPITAL VACATIONS, LLC Associated Entries: 10/12/2023 - Corporation Served +
  52. Summons Issued-Circuit Document ID: 23-SMCC-480, for CAPITAL RESORTS GROUP LLC
  53. Summons Issued-Circuit Document ID: 23-SMCC-479, for CRG DEVELOPMENT, LLC Associated Entries: 10/23/2023 - Corporation Served +
  54. Filing Info Sheet eFiling
  55. Proposed Order Filed Proposed Order appointing special process server. /rg On Behalf Of: RANDY OSBORN, DIANE OSBORN
  56. Motion Special Process Server Motion for Special Process Server filed. /rg On Behalf Of: RANDY OSBORN, DIANE OSBORN
  57. Certificate of Service Certificate of Service for Interrogatories and Production of Documents. /rg On Behalf Of: RANDY OSBORN, DIANE OSBORN
  58. CRIFS/Unredacted Document Confidential Redacted Information filing sheet; Exhibit 1 to petition in associated to Circuit Court filed on 10/03/2023. /rg On Behalf Of: RANDY OSBORN, DIANE OSBORN
  59. Pet Filed in Circuit Ct Verified Petition; Exhibit 1- /rg On Behalf Of: RANDY OSBORN, DIANE OSBORN

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