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Case Information
Filed
2024-09-04
Type
Cc Property Damage
Docket
15 entries
Disposition
disposed
Parties
Plaintiff
State Auto Property Casualty Insurance Company|Saber, Marisa Lynn
Defendant
Kenco Fire Equipment, Inc.
Lawyers
Docket Entries
- rder to Consolidate On January 15, 2025, the Court gave notice of its intention to consolidate this action into Case No. 2431-CC00797 (the "Related Action"), with the effect of uniting the previously distinct action into one merged civil action and afforded the parties an opportunity to file statements in support of or in opposition to such consolidation, or to request oral hearing thereon. No timely suggestions were filed, and no request for oral hearing was made. The Court finds that this action and the Related Action involve common questions of law and/or fact such that complete consolidation for all purposes of this action into the Related Action, with Case No. 2431-CC01055 losing its independent and separate existence as explained in In Matter of Adoption of C.T.P., 452 S.W.3d 705 (Mo. App. W.D. 2014), is appropriate. Accordingly, the Court hereby ORDERS that Case Nos. 2431-CC01055 and 2431-CC00797 are consolidated, with the resulting principal case being the first-filed action - Case No. 2431-CC00797. The Clerk is requested to notate the consolidation in the docket on Case No. 2431-CC00797, along with an advisory in Case No. 2431-CC01055 that no further pleadings should be filed therein. The Court further orders the Clerk to administratively make the parties and counsel to Case No. 2431-CC01055 parties/counsel of record in Case No. 2431-CC00797 for purposes of e-notice. By this docket entry the Court hereby constructively enters all prior pleadings and docket entries in Case No. 2431-CC01055 into the docket of Case No. 2431-CC00797 and any later appeal from therefrom shall include such pleadings/docket entries as part of the legal file, as appropriate consistent with Mo. S. Ct. R. 81.12(b)(1)(C)-(D) and 81.12(b)(2)(C)-(D). // DAA Filed By: DEREK ADAM ANKROM
- otice The Court has reviewed Plaintiff's Petition filed in this action on September 4, 2024, and takes judicial notice of Case No. 2431-CC00797 against the same Defendant and arising from the same occurrence (the "Related Action"), thus involving common questions of fact, but a different plaintiff, a different insured, and a different policy. The Court notes that the Plaintiff in this action and the plaintiff in the Related Action have, without objection by Defendant, "jointly move[d] to consolidate the two... actions for the purposes of discovery and trial," which, in the Court's view, fails to sufficiently specify the nature of consolidation sought. See, e.g., Moss v. Home Depot USA, Inc., 988 S.W.2d 627, 630 (Mo. App. E.D. 1999). PLEASE TAKE NOTICE that the Court presently intends to order, sua sponte and without oral hearing, this action consolidated into the Related Action for all purposes on January 31, 2025, with the effect of uniting the previously distinct actions into one merged civil action, such that each loses its independent and separate existence, and with the surviving suit being the Related Action; any party may, on or before January 29, 2025, file a brief statement in support of or in opposition to such proposed consolidation, and/or may file a request for oral hearing hereon. // DAA Filed By: DEREK ADAM ANKROM
- ntry of Appearance Filed (Docketed on 11/01/2024 at 1701) Entry of Appearance; Electronic Filing Certificate of Service./ af On Behalf Of: KENCO FIRE EQUIPMENT, INC.
- ntry of Appearance Filed (Docketed on 11/01/2024 at 1645) Entry of Appearance; Electronic Filing Certificate of Service./ af On Behalf Of: KENCO FIRE EQUIPMENT, INC.
- ntry of Appearance Filed (Docketed on 11/01/2024 at 1643) Entry of Appearance; Electronic Filing Certificate of Service./ af On Behalf Of: KENCO FIRE EQUIPMENT, INC.
- nswer Filed (Docketed on 11/01/2024 at 1639) Answer to Petition; Electronic Filing Certificate of Service./ af On Behalf Of: KENCO FIRE EQUIPMENT, INC.
- ffidavit Filed (Docketed 10-04-2024 at 1216) Affidavit of Service of Kenco Fire Equipment, Inc../bm Filed By: MARISA LYNN SABER On Behalf Of: STATE AUTO PROPERTY CASUALTY INSURANCE COMPANY
- ummons Personally Served Document ID - 24-SMCC-2334; Served To - KENCO FIRE EQUIPMENT, INC.; Server - MOODY, JASON; Served Date - 16-SEP-24; Served Time - 09:28:00; Service Type - Special Process Server; Reason Description - Served; Service Text - ./bm
- ummons Issued-Circuit Document ID: 24-SMCC-2334, for KENCO FIRE EQUIPMENT, INC. Summons saved and attached in PDF format for Attorney to retrieve from secure case.net /hw
- iling Info Sheet eFiling
- ote to Clerk eFiling
- umm Req-Circuit Pers Serv Confidential Case Filing Information Sheet. (Accepted as filed.) /hw On Behalf Of: STATE AUTO PROPERTY CASUALTY INSURANCE COMPANY
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