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Case Information

Filed 2023-11-16
Type Cc Breach Of Contract
Docket 47 entries
Disposition default judgment

Parties

Plaintiff Joseph L Prouhet, Trstee Of Leonard J Prouhet Reo Trust|Mccarter, Willard Dudley|Young, Richard John
Defendant Rm Nelson Concrete Llc|Seltzer, Kevin|First Link 17 Llc|Dolgencorp Llc
Photo of Hon. Pelikan Daniel G

Judge

Hon. Pelikan Daniel G

Missouri Unified County

Missouri

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Lawyers

Docket Entries

  1. udgment Entered DEFAULT JUDGMENT FOR THE PLNTFF AND AGAINST THE DEFTS RM NELSON CONCRETE AND FIRST LINK 17, LLC. CT 1 AGAINST RM NELSON CONCRETE LLC FOR 53,757.00 ALONG WITH ITS COSTS AND REASONABLE ATTY FEES AND INTEREST PURSUANT TO 431.180 RSMo AT THE RATE OF 9% PER ANNUM. AND CT TWO FOR QUANTUM MERUIT, AGAINST THE DEFTS OF $53,785.00 ALONG WITH ITS COSTS AND REASONABLE ATTY FEES AND INTEREST PURSUANT TO 431.180 RSMo AT THE RATE OF 9% PER ANNUM FROM THE DATE OF THE ENTRY OF THIS JUDGMEN. PLNTFFS PRINCIPAL DAMAGES OF $53,785.00 UNDER BOTH THEORIES OF RECOVER ARE THE SAME AND NOTHING IN THIS JUDGMENT SHALL BE CONSTRUED TO PERMIT A DOUBLE RECOVERY OF SAME. CASTS TAXED TO DEFTS. AS PER MEMO. DGP/gdb
  2. udgment Entered DEFAULT JUDGMENT FOR THE PLNTFF AND AGAINST THE DEFTS RM NELSON CONCRETE AND FIRST LINK 17, LLC. CT 1 AGAINST RM NELSON CONCRETE LLC FOR 53,757.00 ALONG WITH ITS COSTS AND REASONABLE ATTY FEES AND INTEREST PURSUANT TO 431.180 RSMo AT THE RATE OF 9% PER ANNUM. AND CT TWO FOR QUANTUM MERUIT, AGAINST THE DEFTS OF $53,785.00 ALONG WITH ITS COSTS AND REASONABLE ATTY FEES AND INTEREST PURSUANT TO 431.180 RSMo AT THE RATE OF 9% PER ANNUM FROM THE DATE OF THE ENTRY OF THIS JUDGMEN. PLNTFFS PRINCIPAL DAMAGES OF $53,785.00 UNDER BOTH THEORIES OF RECOVER ARE THE SAME AND NOTHING IN THIS JUDGMENT SHALL BE CONSTRUED TO PERMIT A DOUBLE RECOVERY OF SAME. CASTS TAXED TO DEFTS. AS PER MEMO. DGP/gdb
  3. efault Judgment
  4. roposed Order Filed proposed order and judgment; Electronic Filing Certificate of Service. Filed By: BLAKE D HILL On Behalf Of: JOSEPH L PROUHET, TRSTEE OF LEONARD J PROUHET REVO TRUST
  5. rder CAUSE CALLED ON MOTION TO SUBSTITUTE PARTY PLNTFF MOTION GRANTED. PLNTFF IN CAPTION AMENDED TO REFLECT JOSEPH C. PROUHET, TRUSTEE OF THE LENOARD J. PROUHET REVOCABLE TRUST DATED 10-16-2006. CAUSE CALLED ON PLNTFFS MOTION FOR DEFAULT AND MOTION FOR SUMMARY JUDGMENT. PLNTFF APPEARS BY COUNSEL, DEFT APPEAR NOT. MOTIONS GRANTED. PLNTFF TO SUBMIT JUDGMENT ON COUNTS I AND II AGAINST DEFT RM NELSON AND FIRST LINK 17 LLC COUNT III DISMISSED. DGP/gdb Filed By: DANIEL G PELIKAN Associated Entries: 01/04/2024 - Motion for Default Judgment + Associated Entries: 03/19/2024 - Motion for Summary Judgment + Associated Entries: 06/20/2024 - Motion Filed +
  6. earing Held Associated Entries: 06/27/2024 - Hearing Continued/Rescheduled Associated Entries: 06/27/2024 - Case Mgmt Conf Scheduled + Scheduled For: 07/11/2024; 9:00 AM; DANIEL G PELIKAN; St Charles Circuit Div
  7. ase Mgmt Conf Scheduled AND PLNT MOTION TO SUBSTITUE AND FOR SUMMARY JUDGMENT Associated Entries: 07/11/2024 - Hearing Held Scheduled For: 07/11/2024; 9:00 AM; DANIEL G PELIKAN; St Charles Circuit Div
  8. rder for Continuance CAUSE CONT TO 7-11-24 FOR CMC AND ALL PENDING MOTIONS. AS PER MEMO. DGP/gdb Filed By: DANIEL G PELIKAN
  9. earing Continued/Rescheduled Associated Entries: 05/16/2024 - Hearing Continued/Rescheduled Associated Entries: 05/16/2024 - Settlement Conf Scheduled Associated Entries: 07/11/2024 - Hearing Held Hearing Continued From: 06/27/2024; 9:00 AM Settlement Conference
  10. otion Filed Motion to Substitute Party Plaintiff; Electronic Filing Certificate of Service. Filed By: WILLARD DUDLEY MCCARTER On Behalf Of: HAWKINS CONSTRUCTION AND FLAT WORK LLC Associated Entries: 07/11/2024 - Order +
  11. ettlement Conf Scheduled Associated Entries: 06/27/2024 - Hearing Continued/Rescheduled Scheduled For: 06/27/2024; 9:00 AM; DANIEL G PELIKAN; St Charles Circuit Div
  12. rder for Continuance CAUSE CONT FOR SETTLEMENT PURPOSES TO 7-27-24 AT 9:00 AM. DGP/gdb Filed By: DANIEL G PELIKAN
  13. earing Continued/Rescheduled Associated Entries: 05/01/2024 - Hearing Continued/Rescheduled Associated Entries: 05/01/2024 - Motion Hearing Scheduled + Associated Entries: 06/27/2024 - Hearing Continued/Rescheduled Hearing Continued From: 05/16/2024; 9:00 AM Motion Hearing
  14. otion Hearing Scheduled Plntff Motion for Summary Judgment and Motion for Default JudgmentEvent Text: Plntff M for Summary Judgment and Default Judgment (SERVED 12-5, 1, & 20); Associated Entries: 05/16/2024 - Hearing Continued/Rescheduled Scheduled For: 05/16/2024; 9:00 AM; DANIEL G PELIKAN; St Charles Circuit Div
  15. earing Continued/Rescheduled Associated Entries: 04/22/2024 - Motion Hearing Scheduled + Associated Entries: 05/16/2024 - Hearing Continued/Rescheduled Hearing Continued From: 05/02/2024; 9:00 AM Motion Hearing
  16. mended Notice of Hrng Filed Amended Notice of Hearing; Electronic Filing Certificate of Service. Filed By: WILLARD DUDLEY MCCARTER On Behalf Of: HAWKINS CONSTRUCTION AND FLAT WORK LLC
  17. otion Hearing Scheduled Event Text: Plntff Motion for Summary Judgment and Motion for Default Judgment; Associated Entries: 05/01/2024 - Hearing Continued/Rescheduled Scheduled For: 05/02/2024; 9:00 AM; DANIEL G PELIKAN; St Charles Circuit Div
  18. otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: WILLARD DUDLEY MCCARTER On Behalf Of: HAWKINS CONSTRUCTION AND FLAT WORK LLC
  19. emo of Law in Suppt of Filed Plaintiff Hawkins Construction and Flat Work, LLCs Memorandum of Law in Support of Its Motion for Summary Judgment; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK GABRIS On Behalf Of: HAWKINS CONSTRUCTION AND FLAT WORK LLC
  20. tmnt Uncon/Mater Facts Filed Plaintiffs Statement of Uncontroverted Material Facts; Affidavit of Bob Hawkins; Exhibit A; Exhibit B; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK GABRIS On Behalf Of: HAWKINS CONSTRUCTION AND FLAT WORK LLC
  21. otion for Summary Judgment Plaintiff Hawkins Construction and Flat Work, LLCs Motion for Summary Judgment Against RM Nelson Concrete LLC; Exhibit 1; Electronic Filing Certificate of Service. Filed By: DANIEL PATRICK GABRIS On Behalf Of: HAWKINS CONSTRUCTION AND FLAT WORK LLC Associated Entries: 07/11/2024 - Order +
  22. ert Serv of Req for Admission Certificate of Service; Electronic Filing Certificate of Service. Filed By: WILLARD DUDLEY MCCARTER On Behalf Of: HAWKINS CONSTRUCTION AND FLAT WORK LLC
  23. nswer Filed Answer; Electronic Filing Certificate of Service. Filed By: KEVIN SELTZER
  24. earing/Trial Cancelled Associated Entries: 01/04/2024 - Motion Hearing Scheduled Scheduled For: 01/25/2024; 9:00 AM; DANIEL G PELIKAN; St Charles Circuit Div
  25. otice Notice of Cancellation of Hearing; Electronic Filing Certificate of Service. Filed By: WILLARD DUDLEY MCCARTER On Behalf Of: HAWKINS CONSTRUCTION AND FLAT WORK LLC
  26. ntry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: KEVIN SELTZER On Behalf Of: RM NELSON CONCRETE LLC
  27. ffidavit Filed Affidavit of Bob Hawkins; Electronic Filing Certificate of Service. Filed By: WILLARD DUDLEY MCCARTER On Behalf Of: HAWKINS CONSTRUCTION AND FLAT WORK LLC
  28. otion Hearing Scheduled Associated Entries: 01/24/2024 - Hearing/Trial Cancelled Scheduled For: 01/25/2024; 9:00 AM; DANIEL G PELIKAN; St Charles Circuit Div
  29. otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: WILLARD DUDLEY MCCARTER On Behalf Of: HAWKINS CONSTRUCTION AND FLAT WORK LLC
  30. otion for Default Judgment Plaintiffs Motion for Default Judgment; Electronic Filing Certificate of Service. Filed By: WILLARD DUDLEY MCCARTER On Behalf Of: HAWKINS CONSTRUCTION AND FLAT WORK LLC Associated Entries: 07/11/2024 - Order +
  31. orporation Served Document ID - 23-SMCC-2396; Served To - DOLGENCORP LLC; Server - ; Served Date - 04-DEC-23; Served Time - 08:00:00; Service Type - Sheriff Department; Reason Description - Served; Service Text - SUMMONS SERVED TO CSC LAWYERS, S. LEWIS- DESIGNEE
  32. orporation Served Document ID - 23-SMCC-2394; Served To - RM NELSON CONCRETE LLC; Server - ST LOUIS COUNTY SHERIFF; Served Date - 12/01/2023; Served Time - 11:33:00; Service Type - SD; Reason Description - SERV; Service Text -ACCEPTED BY REG. AGENT RUSSEL
  33. otice of Service SUMMONS SERVED ON RM NELSON CONCRETE LLC; Electronic Filing Certificate of Service.
  34. nvoice Filed INVOICE; Electronic Filing Certificate of Service.
  35. otice of Service RETURN; Electronic Filing Certificate of Service.
  36. ummons Personally Served Document ID - 23-SMCC-2395; Served To - FIRST LINK 17 LLC; Served Date - 11/28/2023; Served Time - 08:11:00; Service Type - SD; Reason Description - SERV; Service Text -
  37. ummons Issued-Circuit Document ID: 23-SMCC-2396, for DOLGENCORP LLC SUMMONS SAVED AND ATTACHED IN PDF FORM FOR ATTORNEY TO RETRIEVE FROM SECURE CASE.NET. MLM
  38. ummons Issued-Circuit Document ID: 23-SMCC-2395, for FIRST LINK 17 LLC SUMMONS SAVED AND ATTACHED IN PDF FORM FOR ATTORNEY TO RETRIEVE FROM SECURE CASE.NET. MLM
  39. ummons Issued-Circuit Document ID: 23-SMCC-2394, for RM NELSON CONCRETE LLC SUMMONS SAVED AND ATTACHED IN PDF FORM FOR ATTORNEY TO RETRIEVE FROM SECURE CASE.NET. MLM
  40. iling Info Sheet eFiling Filed By: WILLARD DUDLEY MCCARTER

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