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Case Information

Filed 2024-12-26
Type Cc Suit On Account
Docket 17 entries
Disposition dismissed

Parties

Plaintiff O'reilly Automotie Stores Inc|Gold, Jon Michael
Defendant In Power Motors, Llc|Castro, Ricardo

Lawyers

Docket Entries

  1. ismissed by Parties Case dismissed WITHOUT prejudice as of April 10, 2025, under Rule 67.02(a). JBC/lnp
  2. oluntary Dismissal Filed Voluntary Dismissal Without Prejudice. /lnp Filed By: JON MICHAEL GOLD On Behalf Of: O'REILLY AUTOMOTIVE STORES INC
  3. otion Denied Case called for hearing on Plaintiff's motion for default judgment. Plaintiff appears by atty Kizer. No other appearances. Counsel reports service on Defendant In Power Motors, LLC. Inquiry made as to validity of service. Court notes that there are two affidavits of service filed with the return on March 19, 2025, which appear to be defective for at least three reasons: (1) The summons in question was issued on December 30, 2024, but purports to have been served on February 22, 2025, well after the 30 day expiration. "Process not served within 30 days becomes functus officio and confers no authority thereafter, unless the court extends the time." Orange v. Harrington, 649 S.W.2d 930, 934 (Mo. App. E.D. 1983). (2) Both affidavits purport to have personally served process on "In Power Motors, LLC" by means of personal service, without identifying the particular individual served. This is invalid for service on an LLC. See Hood v. Hale Fireworks, LLC, 687 S.W.3d 196 (Mo. App. S.D. 2024). (3) One of the affidavits is additionally invalid by purporting to have been made by a "J. Miller #S1610 being first duly sworn on oath," but is signed only by "Sgt. J. Bailer #1826 signing on behalf of Deputy J. Miller #S1610." Plaintiff's Motion for Default Judgment is accordingly DENIED. Alias summons to issue upon request. JBC/lnp Associated Entries: 03/28/2025 - Motion Hearing Scheduled Scheduled For: 04/09/2025; 9:00 AM; JOSHUA BOYD CHRISTENSEN; Greene
  4. otion Hearing Scheduled Associated Entries: 04/09/2025 - Motion Denied + Scheduled For: 04/09/2025; 9:00 AM; JOSHUA BOYD CHRISTENSEN; Greene
  5. otice of Hearing Filed (Docketed on 3/28/2025 at 0731) Notice of Hearing as to its Motion for Order of Default And Judgment As to Defendant In Power Motors LLC set for April 9th, 2025 at 9:00 am / hw Filed By: JON MICHAEL GOLD On Behalf Of: O'REILLY AUTOMOTIVE STORES INC
  6. otion for Default Judgment (Docketed on 3/28/2025 at 0731) Plaintiffs Motion For Order of Default and Judgment. / hw Filed By: JON MICHAEL GOLD On Behalf Of: O'REILLY AUTOMOTIVE STORES INC
  7. ummons Personally Served Document ID - 24-SMOS-312; Served To - IN POWER MOTORS, LLC; Server - ; Served Date - 22-FEB-25; Served Time - 10:35:00; Service Type - Sheriff Department; Reason Description - Served; Service Text - / af
  8. umm Req-Circ Pers Serv O/S (Docketed on 03/21/2025 at 1014) Sheriffs Return of Service of Summons for Defendant In Power Motors, LLC./ af Filed By: JON MICHAEL GOLD On Behalf Of: O'REILLY AUTOMOTIVE STORES INC
  9. umm Issd- Circ Pers Serv O/S Document ID: 24-SMOS-312, for IN POWER MOTORS, LLC Summons saved and attached in PDF format for Attorney to retrieve from secure case.net/af
  10. umm Issd- Circ Pers Serv O/S Document ID: 24-SMOS-311, for CASTRO, RICARDO Summons saved and attached in PDF format for Attorney to retrieve from secure case.net/af
  11. ummons Issued-Circuit Document ID: 24-SMCC-3237, for IN POWER MOTORS, LLC Summons saved and attached in PDF format for Attorney to retrieve from secure case.net/af
  12. ummons Issued-Circuit Document ID: 24-SMCC-3236, for CASTRO, RICARDO Summons saved and attached in PDF format for Attorney to retrieve from secure case.net/af
  13. iling Info Sheet eFiling Filed By: JON MICHAEL GOLD
  14. RIFS/Unredacted Document Confidential Case Filing Information Sheet - Non-Domestic Relations in associated to Circuit Court filed on 12/26/2024. Filed By: JON MICHAEL GOLD Associated Entries: 12/26/2024 - Pet Filed in Circuit Ct +

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