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Photo of Missouri Unified County

Court

Missouri Unified County

Missouri

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Case Information

Filed 2023-10-12
Type Ac Unlawful Detainer
Docket 89 entries
Disposition dismissed

Parties

Plaintiff U.s. Bank National Association|Breeze, Adam Grissom|Mosier, Scott Donald|Pullium, Charles Smathers Iii
Defendant Denny, Christopher K|Estate Of Robin Lorene Denny|Doe, John
Photo of Hon. Scherer, Jason M

Judge

Hon. Scherer, Jason M

Dunklin County (MO)

Missouri

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Lawyers

Docket Entries

  2. ismissed by Parties Case dismissed without prejudice. So Ordered /s/ Jason M. Scherer
  3. otice of Dismissal Filed By: ADAM GRISSOM BREEZE On Behalf Of: U.S. BANK NATIONAL ASSOCIATION
  5. earing/Trial Cancelled Associated Entries: 09/19/2024 - Motion Hearing Scheduled + Scheduled For: 11/14/2024; 10:00 AM; JASON M SCHERER; Stoddard
  6. otion Granted/Sustained Parties agreed motion for continuance is granted. Case to be reset at request of any party. So Ordered /s/ Jason Scherer Associated Entries: 11/07/2024 - Motion for Continuance
  8. otion for Continuance Filed By: ADAM GRISSOM BREEZE On Behalf Of: U.S. BANK NATIONAL ASSOCIATION Associated Entries: 11/12/2024 - Motion Granted/Sustained +
  10. bjections Filed Plaintiff's Objection to Defendant's Motion to Stay; Electronic Filing Certificate of Service. Filed By: ADAM GRISSOM BREEZE On Behalf Of: U.S. BANK NATIONAL ASSOCIATION
  12. otion to Stay Filed By: JAMES R TWEEDY On Behalf Of: CHRISTOPHER K DENNY
  14. earing/Trial Cancelled Upon request of counsel for Plaintiff and Defendant by email, motion hearing scheduled for October 2, 2024 is cancelled. So Ordered /s/ Judge Jason M. Scherer. sg Associated Entries: 09/19/2024 - Motion Hearing Scheduled + Scheduled For: 10/02/2024; 2:30 PM; JASON M SCHERER; Stoddard
  16. udge/Clerk - Note Order emailed to Senior Judge Mark Preyer appointed as mediator. sg
  18. otion Hearing Scheduled to take up Plaintiff's Motion for Summary Judgment. Associated Entries: 11/12/2024 - Hearing/Trial Cancelled Scheduled For: 11/14/2024; 10:00 AM; JASON M SCHERER; Stoddard
  19. otion Hearing Scheduled WEBEX ONLY to take up all pending discovery disputes. Associated Entries: 10/02/2024 - Hearing/Trial Cancelled + Scheduled For: 10/02/2024; 2:30 PM; JASON M SCHERER; Stoddard
  20. otion Granted/Sustained Defendant's Motion for Alternative Dispute Resolution is sustained over objection of plaintiff. Associated Entries: 09/05/2024 - Motion Filed +
  21. rder Now on this date, Plaintiff appears by attorney Adam Breeze, but not in person. Defendant appears by attorney James Tweedy, but not in person. No other interested parties appear. Cause called on for hearing on Defendant¿s Motion for Alternative Dispute Resolution and Plaintiff¿s Motion for Summary Judgment. Defendant¿s Motion for Alternative Dispute Resolution is sustained over the objection of Plaintiff. The parties are ordered to participate in mediation no later than close of business on November 1, 2024. Senior Judge H. Mark Preyer is appointed to serve as mediator. Costs of mediation are to be paid solely by Defendant, over the objection of Defendant¿s counsel. Should Defendant elect not to proceed with mediation as a result of the expense, Defendant¿s counsel shall so notify the Court and this order for mediation shall be rescinded. If agreeable with the mediator, Court authorizes mediation to occur remotely over WebEx, Zoom, or such other video appearance software available to the mediator and all parties. Clerk to provide a copy of this order to Senior Judge Preyer. Counsel for both parties shall contact Senior Judge Preyer within seven (7) days of the date of this order. Counsel for Plaintiff calls on for hearing Plaintiff¿s Motion for Summary Judgment. Counsel for Defendant requests a continuance due to the Court¿s previous order granting Defendant an extension of time to file his response to the summary judgment motion. Over the objection of Plaintiff, Defendant¿s motion is sustained and the Motion for Summary Judgment is not argued or submitted. The Court sets the following schedule for submission and argument of Plaintiff¿s Motion for Summary Judgment: 1. Defendant shall file any objections and/or requests for argument with respect to Plaintiff¿s objections to Defendant¿s discovery by September 26, 2024. 2. Cause scheduled for hearing on all pending discovery disputes at 2:30 PM on October 2, 2024, via WebEx appearance only. Clerk shall schedule the hearing and send a WebEx link to all parties and the Court. 3. Defendant¿s response to Plaintiff¿s Motion for Summary Judgment shall be filed by close of business on October 25, 2024. 4. Plaintiff¿s reply to Defendant¿s summary judgment response shall be filed by close of business on November 8, 2024. Page 2 of 2 5. Cause scheduled for hearing on Plaintiff¿s Motion for Summary Judgment on November 14, 2024 at 10:00 AM in Stoddard County, Missouri. Any party or counsel that desires may appear via WebEx that date. Anyone desiring to appear via WebEx shall notify the clerk at least 48 hours in advance of the hearing date. SO ORDERED, this 19th day of September, 2024 /s/ Judge Jason M. Scherer
  22. otion Hearing Held Associated Entries: 07/18/2024 - Case Review Scheduled Scheduled For: 09/19/2024; 10:00 AM; JASON M SCHERER; Stoddard
  24. otice of Hearing Filed to take up Plaintiff's Motion for Summary Judgment on September 19, 2024 at 10:00 a.m. Filed By: ADAM GRISSOM BREEZE On Behalf Of: U.S. BANK NATIONAL ASSOCIATION
  26. udge/Clerk - Note Court has received and reviewed Defendant's Motion for Alternative Dispute Resolution and Plaintiff's objection to same. Motion scheduled for argument on September 19, 2024 at 10:00 AM, to be taken up with the previously scheduled case review. So ordered. /s/ Judge Jason M. Scherer
  27. bjections Filed Objection to Motion for Alternative Dispute Resolution; Electronic Filing Certificate of Service. Filed By: ADAM GRISSOM BREEZE On Behalf Of: U.S. BANK NATIONAL ASSOCIATION
  28. otion Filed Motion for Alternative Dispute Resolution. Motion forwarded to Judge for review on today's date. Filed By: JAMES R TWEEDY On Behalf Of: CHRISTOPHER K DENNY Associated Entries: 09/19/2024 - Motion Granted/Sustained +
  30. rder Granting Ext of Time Associated Entries: 07/26/2024 - Motion for Extension of Time
  31. otion for Extension of Time Filed By: JAMES R TWEEDY On Behalf Of: CHRISTOPHER K DENNY Associated Entries: 07/26/2024 - Order Granting Ext of Time
  32. ntry of Appearance Filed on behalf of plaintiff. On Behalf Of: U.S. BANK NATIONAL ASSOCIATION
  33. ase Review Scheduled Associated Entries: 09/19/2024 - Motion Hearing Held Scheduled For: 09/19/2024; 10:00 AM; JASON M SCHERER; Stoddard
  34. ounsel Status Hearing Held Plaintiff appears by attorney. Defendant Jason Denny appears by attorney. Case continued for case review. sg Associated Entries: 05/09/2024 - Counsel Status Hrng Scheduled Scheduled For: 07/18/2024; 10:00 AM; JASON M SCHERER; Stoddard
  35. ertificate of Service Plaintiff's Response to First Request for Production of Documents and Interrogatories. On Behalf Of: U.S. BANK NATIONAL ASSOCIATION
  36. rder Granting Ext of Time It is Ordered defendant is granted 30 days to respond to motion for summary judgment, following plainifff's full and complete respose to the defendant's discovery request. So Ordered /s/ Judge Jason Scherer. Associated Entries: 05/13/2024 - Motion for Extension of Time
  37. otion for Extension of Time Filed By: JAMES R TWEEDY On Behalf Of: CHRISTOPHER K DENNY Associated Entries: 05/14/2024 - Order Granting Ext of Time +
  38. ounsel Status Hrng Scheduled Associated Entries: 07/18/2024 - Counsel Status Hearing Held + Scheduled For: 07/18/2024; 10:00 AM; JASON M SCHERER; Stoddard
  39. ounsel Status Hearing Held Plaintiff does not appear. Defendants appear by attorney. Plainitff's Motion for Continuance is taken up and granted. Case continued to July 18, 2024 at 10:00 a.m. So Ordered /s/ Honorable Jason Scherer. sg Associated Entries: 04/16/2024 - Hearing Continued/Rescheduled + Associated Entries: 04/16/2024 - Counsel Status Hrng Scheduled Scheduled For: 05/09/2024; 10:00 AM; JASON M SCHERER; Stoddard
  40. ert Serv of Interrog Filed Defendant's Interrogatories and Request for Production of Documents Directed to Plaintiff. Filed By: JAMES R TWEEDY On Behalf Of: CHRISTOPHER K DENNY
  41. roposed Order Filed Filed By: CHARLES SMATHERS PULLIUM III On Behalf Of: U.S. BANK NATIONAL ASSOCIATION
  42. otion for Continuance Filed By: CHARLES SMATHERS PULLIUM III On Behalf Of: U.S. BANK NATIONAL ASSOCIATION
  43. roposed Judmt/Dec Dis Filed Proposed Judgment for Unlawful Detainer; Electronic Filing Certificate of Service. Filed By: CHARLES SMATHERS PULLIUM III On Behalf Of: U.S. BANK NATIONAL ASSOCIATION
  44. emo of Law in Suppt of Filed Memorandum of Law in Support of Motion for Summary Judgment; Electronic Filing Certificate of Service. Filed By: CHARLES SMATHERS PULLIUM III On Behalf Of: U.S. BANK NATIONAL ASSOCIATION
  45. RIFS/Unredacted Document CRIFS; Exhibit A; Exhibit B; Exhibit C; Exhibit D; Electronic Filing Certificate of Service in associated to Statement of Uncontroverted and Material Facts filed on 04/17/2024. Filed By: CHARLES SMATHERS PULLIUM III On Behalf Of: U.S. BANK NATIONAL ASSOCIATION Associated Entries: 04/17/2024 - Stmnt Uncon/Mater Facts Filed +
  46. tmnt Uncon/Mater Facts Filed Statement of Uncontroverted Facts; Electronic Filing Certificate of Service. Filed By: CHARLES SMATHERS PULLIUM III On Behalf Of: U.S. BANK NATIONAL ASSOCIATION Associated Entries: 04/17/2024 - CRIFS/Unredacted Document +
  47. otion for Summary Judgment Filed By: CHARLES SMATHERS PULLIUM III On Behalf Of: U.S. BANK NATIONAL ASSOCIATION
  48. otion for Continuance Joint Motion for Continuance; Electronic Filing Certificate of Service. On Behalf Of: U.S. BANK NATIONAL ASSOCIATION
  49. ntry of Appearance Filed Comes now Charles Pullium enters his appearance of counsel of record above for Plaintiff. ew On Behalf Of: U.S. BANK NATIONAL ASSOCIATION
  50. ounsel Status Hrng Scheduled Associated Entries: 05/09/2024 - Counsel Status Hearing Held + Scheduled For: 05/09/2024; 10:00 AM; JASON M SCHERER; Stoddard
  51. earing Continued/Rescheduled Case continued at request of defendants attorney.ew Associated Entries: 03/19/2024 - Hearing Continued/Rescheduled Associated Entries: 03/19/2024 - Counsel Status Hrng Scheduled Associated Entries: 05/09/2024 - Counsel Status Hearing Held + Hearing Continued From: 04/18/2024; 10:00 AM Counsel Status Hearing
  52. otion for Continuance Filed By: JAMES R TWEEDY On Behalf Of: CHRISTOPHER K DENNY
  53. ounsel Status Hrng Scheduled Associated Entries: 04/16/2024 - Hearing Continued/Rescheduled + Scheduled For: 04/18/2024; 10:00 AM; JASON M SCHERER; Stoddard
  54. earing Continued/Rescheduled Associated Entries: 01/18/2024 - Counsel Status Hrng Scheduled Associated Entries: 04/16/2024 - Hearing Continued/Rescheduled + Hearing Continued From: 03/21/2024; 10:00 AM Counsel Status Hearing
  55. rder for Continuance
  56. otion Granted/Sustained Associated Entries: 03/18/2024 - Motion for Continuance +
  57. ote to Clerk eFiling
  58. otion for Continuance Request for Continuance; Electronic Filing Certificate of Service. Filed By: SCOTT DONALD MOSIER On Behalf Of: U.S. BANK NATIONAL ASSOCIATION Associated Entries: 03/19/2024 - Motion Granted/Sustained
  59. ounsel Status Hrng Scheduled Associated Entries: 03/19/2024 - Hearing Continued/Rescheduled Scheduled For: 03/21/2024; 10:00 AM; JASON M SCHERER; Stoddard
  60. earing Held Parties appear by attorneys. Case continued. sg Associated Entries: 12/06/2023 - Hearing Scheduled Scheduled For: 01/18/2024; 10:00 AM; JASON M SCHERER; Stoddard
  61. ntry of Appearance Filed on behalf of defendant Christopher Denny. Filed By: JAMES R TWEEDY On Behalf Of: CHRISTOPHER K DENNY
  62. osted - Residence Document ID - 23-SM99-17; Served To - DENNY, CHRISTOPHER K; Server - SO STODDARD COUNTY-BLOOMFIELD; Served Date - 16-NOV-23; Served Time - 09:00:00; Service Type - Sheriff Department; Reason Description - ; Service Text - Summons posted residence. Summons posted public at the Stoddard County Govt Building.
  63. osted - Residence Document ID - 23-SM99-19; Served To - ESTATE OF ROBIN LORENE DENNY; Server - SO STODDARD COUNTY-BLOOMFIELD; Served Date - 16-NOV-23; Served Time - 09:00:00; Service Type - Sheriff Department; Reason Description - ; Service Text - Summons posted residence. Summons posted public at the Stoddard County Govt Building.
  64. osted - Residence Document ID - 23-SM99-20; Served To - DOE, JOHN; Server - SO STODDARD COUNTY-BLOOMFIELD; Served Date - 16-NOV-23; Served Time - 00:00:00; Service Type - Sheriff Department; Reason Description - ; Service Text - Summons posted residence. Summons post public at the Stoddard County Govt Building.
  65. ertificate of Service Return of Service Christopher Denny; Electronic Filing Certificate of Service. On Behalf Of: U.S. BANK NATIONAL ASSOCIATION
  66. ertificate of Service Return of Service Estate of Robin Lorene Denny; Electronic Filing Certificate of Service. On Behalf Of: U.S. BANK NATIONAL ASSOCIATION
  67. ertificate of Service RETURN JOHN DOE On Behalf Of: U.S. BANK NATIONAL ASSOCIATION
  68. earing Scheduled Associated Entries: 01/18/2024 - Hearing Held + Scheduled For: 01/18/2024; 10:00 AM; JASON M SCHERER; Stoddard
  69. udge Assigned
  70. rder Case assigned to Honorable Judge Jason Scherer. So Ordered /s/ Robert N. Mayer.
  71. rd Transfer P/Judge for Assn
  72. udge Recuses Honorable Bradley D. Jarrell recuses himself from the following case which is sent to Presiding Judge for re-assignment. So Ordered /s/ Bradley D. Jarrell. sg
  73. earing Held Plaintiff appears by local counsel. Defendant Christopher Denny appears in person and states summons was posted on residence. Honorable Bradley D. Jarrell recuses. See recusal order. sg Associated Entries: 11/06/2023 - Hearing Continued/Rescheduled Associated Entries: 11/06/2023 - Hearing Scheduled Scheduled For: 12/05/2023; 9:00 AM; BRADLEY D JARRELL; Stoddard
  74. ummons Posted Document ID: 23-SM99-20, for DOE, JOHN
  75. ummons Posted Document ID: 23-SM99-19, for ESTATE OF ROBIN LORENE DENNY
  76. ummons Posted Document ID: 23-SM99-17, for DENNY, CHRISTOPHER K
  77. earing Scheduled Associated Entries: 12/05/2023 - Hearing Held + Scheduled For: 12/05/2023; 9:00 AM; BRADLEY D JARRELL; Stoddard
  78. earing Continued/Rescheduled Associated Entries: 10/12/2023 - Hearing Scheduled Associated Entries: 12/05/2023 - Hearing Held + Hearing Continued From: 11/07/2023; 9:00 AM Hearing
  79. rder to Post Summons
  80. otion to Post Summons Filed By: SCOTT DONALD MOSIER On Behalf Of: U.S. BANK NATIONAL ASSOCIATION
  81. lias Summons Requested Filed By: SCOTT DONALD MOSIER On Behalf Of: U.S. BANK NATIONAL ASSOCIATION
  82. otion for Continuance Filed By: SCOTT DONALD MOSIER On Behalf Of: U.S. BANK NATIONAL ASSOCIATION
  83. ummons Issued-Unlawful Detain Document ID: 23-SOUD-79, for DOE, JOHN
  84. ummons Issued-Unlawful Detain Document ID: 23-SOUD-78, for ESTATE OF ROBIN LORENE DENNY
  85. ummons Issued-Unlawful Detain Document ID: 23-SOUD-77, for DENNY, CHRISTOPHER K
  86. earing Scheduled Associated Entries: 11/06/2023 - Hearing Continued/Rescheduled Scheduled For: 11/07/2023; 9:00 AM; BRADLEY D JARRELL; Stoddard
  87. iling Info Sheet eFiling
  88. RIFS/Unredacted Document On Behalf Of: U.S. BANK NATIONAL ASSOCIATION
  89. ffidavit Filed Affidavit of Non-Military Status. On Behalf Of: U.S. BANK NATIONAL ASSOCIATION

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