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Docket Entries
- otion Filed Respondents Counterclaim Against Petitioner; Electronic Filing Certificate of Service. Filed By: JOHN LUTHER YOUNG On Behalf Of: LUKE PATRICK HOWELL, MONIQUE HOWELL
- otion to Dismiss Motion to Dismiss; Electronic Filing Certificate of Service. Filed By: JOHN LUTHER YOUNG
- earing Held Case called for hearing on emergency motion. Petitioner Michelle Tyler as trustee appears in person and by atty Hargis; Respondents appear by atty Young with Luke Howell also appearing in person. Discussion with counsel regarding nature of claims not falling within either probate trust authority as respondents are not trust beneficiaries, and also not being properly categorized as discovery of assets as this is not an estate administration. Issues regarding proper framing of pleadings to be addressed at future date. Issues presented in emergency motion addressed and ruled as follows: Court authorizes and directs that respondents provide access to real property on mutually agreeable date for all parties to be present for removal of all items of personal property, with trustee to inventory items removed, and arrangements to be made for timely removal of items that cannot be disposed of that day. Respondents not to be liable for injuries from such removal, but court declines to grant broader immunity as to property not yet identified. Counsel to confer and submit joint proposed order to the extent one is deemed necessary. Parties urged to work together in good faith. JBC/lnp Associated Entries: 02/11/2025 - Hearing Scheduled + Scheduled For: 02/26/2025; 3:00 PM; JOSHUA BOYD CHRISTENSEN; Greene
- nswer Filed Respondents Answer to Petitioners Petition for Discovery and Assets; Exhibit 1 Part 1; Exhibit 1 Part 2; Electronic Filing Certificate of Service. Filed By: JOHN LUTHER YOUNG On Behalf Of: LUKE PATRICK HOWELL, MONIQUE HOWELL
- nswer Filed Respondents Answer to Petitioners Petition for Discovery and Assets; Electronic Filing Certificate of Service. Filed By: JOHN LUTHER YOUNG On Behalf Of: LUKE PATRICK HOWELL, MONIQUE HOWELL
- nswer Filed Respondents Answer to Petitioners Emergency Motion; Exhibit 1 Part 1; Exhibit 1 Part 2; Electronic Filing Certificate of Service. Filed By: JOHN LUTHER YOUNG On Behalf Of: LUKE PATRICK HOWELL, MONIQUE HOWELL
- earing Scheduled On Motion to Take Control of Trust Property /rm Associated Entries: 02/26/2025 - Hearing Held + Scheduled For: 02/26/2025; 3:00 PM; JOSHUA BOYD CHRISTENSEN; Greene
- otice of Hearing Filed Notice of Hearing. Filed By: JENNIFER REBECCA HARGIS On Behalf Of: MICHELLE MARIE TYLER
- otion Granted/Sustained Case reassigned to Probate Judge Joshua B. Christensen. Division clerk notified electronically this date. HAC/dr
- otion for Change of Judge Respondents Motion for Change of Judge; Electronic Filing Certificate of Service. Filed By: JOHN LUTHER YOUNG On Behalf Of: LUKE PATRICK HOWELL, MONIQUE HOWELL
- udge Assigned
- ummons Personally Served Document ID - 25-SMCC-225; Served To - MONIQUE HOWELL; Served Date - 01/31/2025; Served Time - 11:05:00; Service Type - SP; Reason Description - SERV; Service Text - Associated Entries: 01/27/2025 - Summons Issued-Circuit + Associated Entries: 01/31/2025 - Report Filed +
- ummons Personally Served Document ID - 25-SMCC-226; Served To - LUKE PATRICK HOWELL; Served Date - 01/31/2025; Served Time - 11:05:00; Service Type - SP; Reason Description - SERV; Service Text - Associated Entries: 01/27/2025 - Summons Issued-Circuit + Associated Entries: 01/31/2025 - Report Filed +
- eport Filed Service Return. Monique Howell Filed By: JENNIFER REBECCA HARGIS On Behalf Of: MICHELLE MARIE TYLER Associated Entries: 02/03/2025 - Summons Personally Served +
- eport Filed Service Return. Luke Patrick Howell Filed By: JENNIFER REBECCA HARGIS On Behalf Of: MICHELLE MARIE TYLER Associated Entries: 02/03/2025 - Summons Personally Served +
- ummons Issued-Circuit Document ID: 25-SMCC-226, for HOWELL, LUKE PATRICK; Summons saved and attached in PDF format for Attorney to retrieve from secure case.net. Associated Entries: 02/03/2025 - Summons Personally Served +
- ummons Issued-Circuit Document ID: 25-SMCC-225, for HOWELL, MONIQUE; Summons saved and attached in PDF format for Attorney to retrieve from secure case.net. Associated Entries: 02/03/2025 - Summons Personally Served +
- rder - Special Process Server SPS Todd Hamilton appointed. Associated Entries: 01/15/2025 - Motion Special Process Server +
- ote to Clerk eFiling Filed By: JENNIFER REBECCA HARGIS
- inancial Documents Filed Confidential Day Trust. Filed By: JENNIFER REBECCA HARGIS On Behalf Of: MICHELLE MARIE TYLER
- onfid Filing Info Sheet Filed Settlors CCFIS and Petitioner. Filed By: JENNIFER REBECCA HARGIS On Behalf Of: MICHELLE MARIE TYLER
- uditor Check List/Excpt Ltr Incomplete Filing Checklist: Clerk reviews file and notes that information is missing (see attached). Said information is due within 30 days.
- iling Info Sheet eFiling Filed By: JENNIFER REBECCA HARGIS
- ote to Clerk eFiling Filed By: JENNIFER REBECCA HARGIS
- roposed Order Filed Proposed Order to Appoint Private Process Server. Filed By: JENNIFER REBECCA HARGIS
- otion Special Process Server Motion to Appoint Private Process Server. Filed By: JENNIFER REBECCA HARGIS Associated Entries: 01/27/2025 - Order - Special Process Server +
- otion Filed Emergency Motion. Filed By: JENNIFER REBECCA HARGIS
- pplication Filed Petition with Exhibits. Filed By: JENNIFER REBECCA HARGIS
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