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Photo of Missouri Unified County

Court

Missouri Unified County

Missouri

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Case Information

Filed 2024-06-28
Type Cc Other Miscellaneous Actions
Docket 77 entries
Disposition change of venue

Parties

Plaintiff Johnston, Julie|Priette, Bailey M
Defendant Dairy Farmers Of America, Inc
Photo of Hon. Allen Harvey Shane

Judge

Hon. Allen Harvey Shane

Carter County (MO)

Missouri

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Lawyers

Docket Entries

  1. et Filed in Circuit Ct Petition for Damages; Exhibit A; Exhibit B; Exhibit C. Filed By: BAILEY M PRIVETTE On Behalf Of: JULIE JOHNSTON
  2. ransfer Filed CLERK: All e-File documents, Certificate of Transmittal, and Certified copies of the docket sheet were forwarded to TEXAS County Circuit Clerk by email on this date. cah
  3. earing/Trial Cancelled Associated Entries: 04/04/2025 - Motion Hearing Scheduled Scheduled For: 05/01/2025; 9:00 AM; HARVEY SHANE ALLEN; Howell
  4. hange of Venue
  5. rder for Change of Venue
  6. rder 4/30/25 The Court previously took under advisement the motion of Defendant for transfer of venue due to filing of this action in an improper venue. The Court heard oral argument and considered suggestions filed by both parties. The Court finds that under RSMo 213.111.1, this ". . . action may be brought in any circuit court in any county in which the unlawful discriminatory practice is alleged to have been committed, either before a circuit or associate circuit judge." The Court considers the case of State ex rel. Hollins v. Pritchett, 395 S.W.3d 600 (Mo. App. S.D. 2013). The Court finds that the discriminatory practice alleged by Plaintiff here occurred in Texas County, Missouri, and the mere sending of written or electronic notice of Defendant's decision or conduct to Plaintiff in the county of Plaintiff's residence did not amount to commission of the conduct in the county where Plaintiff resides. The Court is informed that Plaintiff was employed in Texas County, where Defendant's business is located. Therefore, Defendant's motion for transfer of venue to Texas County, Missouri, is sustained. Harvey S. Allen
  8. otion Hearing Scheduled Associated Entries: 05/01/2025 - Hearing/Trial Cancelled Scheduled For: 05/01/2025; 9:00 AM; HARVEY SHANE ALLEN; Howell
  10. ase Review Held 4/3/25 Atty. Privette appears for Plaintiff. This matter is set on 5/1/25 at 9:00 a.m. for ruling on motions. No appearance is required. HSA Associated Entries: 03/06/2025 - Hearing Continued/Rescheduled + Associated Entries: 03/07/2025 - Case Review Scheduled Scheduled For: 04/03/2025; 9:00 AM; HARVEY SHANE ALLEN; Howell
  12. ase Review Scheduled Associated Entries: 04/03/2025 - Case Review Held + Scheduled For: 04/03/2025; 9:00 AM; HARVEY SHANE ALLEN; Howell
  14. earing Continued/Rescheduled 3/6/25 No appearance. This matter is passed to 4/3/25 at 9:00 a.m. for review. HSA Associated Entries: 02/25/2025 - Hearing Continued/Rescheduled Associated Entries: 02/25/2025 - Case Review Scheduled + Associated Entries: 04/03/2025 - Case Review Held + Hearing Continued From: 03/06/2025; 9:00 AM Case Review
  16. ert Serv Resp Req Prod Doc Th Certificate of Service; Electronic Filing Certificate of Service. Filed By: BAILEY M PRIVETTE On Behalf Of: JULIE JOHNSTON
  18. ase Review Scheduled 2/24/25 Atty. Bailey Privette appears for Plaintiff. Atty. Nebel appears for Defendant. The Court takes up Defendant's motion for change of venue due to improper venue. Argument is heard on the record. This matter is set on 3/6/25 at 9:00 a.m. for judge's review. Neither party is required to appear. HSA Associated Entries: 03/06/2025 - Hearing Continued/Rescheduled + Scheduled For: 03/06/2025; 9:00 AM; HARVEY SHANE ALLEN; Howell
  19. earing Continued/Rescheduled Associated Entries: 02/06/2025 - Hearing Continued/Rescheduled + Associated Entries: 02/06/2025 - Trial Setting Scheduled Associated Entries: 03/06/2025 - Hearing Continued/Rescheduled + Hearing Continued From: 02/24/2025; 1:00 PM Trial Setting
  21. ound Recording Log Sheet SOUND LOG
  23. ert Serv of Prod of Docs, etc Certificate of Service; Electronic Filing Certificate of Service. Filed By: BAILEY M PRIVETTE On Behalf Of: JULIE JOHNSTON
  25. rial Setting Scheduled Associated Entries: 02/25/2025 - Hearing Continued/Rescheduled Scheduled For: 02/24/2025; 1:00 PM; HARVEY SHANE ALLEN; Howell
  26. earing Continued/Rescheduled 2/6/25 Atty. Zane Privette appears for Plaintiff. Atty. Nebel appears for Defendant. This matter is set on 2/24/25 at 1:00 p.m. for hearing on pending motions and setting. HSA Associated Entries: 01/06/2025 - Hearing Continued/Rescheduled + Associated Entries: 01/06/2025 - Trial Setting Scheduled Associated Entries: 02/25/2025 - Hearing Continued/Rescheduled Hearing Continued From: 02/06/2025; 9:00 AM Trial Setting
  28. ert Serv Answers Interrog Fil Certificate of Service; Electronic Filing Certificate of Service. Filed By: MALLORY STUMPF ZOIA On Behalf Of: DAIRY FARMERS OF AMERICA, INC
  30. eply Defendants Reply in Support of Motion to Strike Punitive Damages; Electronic Filing Certificate of Service. Filed By: MADELINE JANE NEBEL On Behalf Of: DAIRY FARMERS OF AMERICA, INC
  32. uggestions in Opposition Suggestions in Opposition to Defendants Motion to Strike Plaintiffs Claims for Punitive Damages; Exhibit 1; Exhibit 2; Exhibit 3; Exhibit 4; Exhibit 5; Exhibit 6; Exhibit 7; Exhibit 8; Exhibit 9; Exhibit 10; Exhibit 11; Exhibit 12; Exhibit 13; Exhibit 14; Electronic Filing Certificate of Service. Filed By: BAILEY M PRIVETTE On Behalf Of: JULIE JOHNSTON
  34. rial Setting Scheduled Associated Entries: 02/06/2025 - Hearing Continued/Rescheduled + Scheduled For: 02/06/2025; 9:00 AM; HARVEY SHANE ALLEN; Howell
  35. earing Continued/Rescheduled "1/3/25 Defendant's motion for continuance from 1/6/25 due to expected inclement weather to 2/6/25 at 9:00 a.m. is sustained. HSA" Associated Entries: 12/05/2024 - Hearing Continued/Rescheduled + Associated Entries: 12/05/2024 - Trial Setting Scheduled Associated Entries: 02/06/2025 - Hearing Continued/Rescheduled + Hearing Continued From: 01/06/2025; 9:00 AM Trial Setting
  36. otion for Continuance EMAILED TO JUDGE RF MOTION FOR CONTINUANCE OR IN THE ALTERNATIVE TO APPEAR BY WEBEX; Electronic Filing Certificate of Service. Filed By: MADELINE JANE NEBEL On Behalf Of: DAIRY FARMERS OF AMERICA, INC
  37. nswer Filed Defendants Answer to Plaintiffs First Amended Petition for Damages; Electronic Filing Certificate of Service. Filed By: MALLORY STUMPF ZOIA On Behalf Of: DAIRY FARMERS OF AMERICA, INC
  38. otion to Strike Defendants Motion to Strike Plaintiffs Improperly Pled Claims for Punitive Damages in her First Amended Petition and Suggestions in Support; Exhibit 1; Exhibit 2; Exhibit 3; Exhibit 4; Exhibit 5; Exhibit 6; Exhibit 7; Exhibit 8; Exhibit 9; Exhibit 10; Electronic Filing Certificate of Service. Filed By: MALLORY STUMPF ZOIA On Behalf Of: DAIRY FARMERS OF AMERICA, INC
  39. uggestions Filed Plaintiffs Suggestions for Change of Venue; Electronic Filing Certificate of Service. Filed By: BAILEY M PRIVETTE On Behalf Of: JULIE JOHNSTON
  40. uggestions in Support Defendants Suggestions Regarding Motion for Transfer of Venue; Exhibit A; Electronic Filing Certificate of Service. Filed By: MADELINE JANE NEBEL On Behalf Of: DAIRY FARMERS OF AMERICA, INC
  41. ertificate of Service Certificate of Service; Electronic Filing Certificate of Service. Filed By: BAILEY M PRIVETTE On Behalf Of: JULIE JOHNSTON
  42. RIFS/Unredacted Document Exhibit D; Electronic Filing Certificate of Service in associated to Exhibit filed on 12/13/2024. Filed By: BAILEY M PRIVETTE On Behalf Of: JULIE JOHNSTON Associated Entries: 12/13/2024 - Exhibit Filed +
  43. RIFS/Unredacted Document Exhibit C; Electronic Filing Certificate of Service in associated to Exhibit filed on 12/13/2024. Filed By: BAILEY M PRIVETTE On Behalf Of: JULIE JOHNSTON Associated Entries: 12/13/2024 - Exhibit Filed +
  44. RIFS/Unredacted Document Exhibit B; Electronic Filing Certificate of Service in associated to Exhibit filed on 12/13/2024. Filed By: BAILEY M PRIVETTE On Behalf Of: JULIE JOHNSTON Associated Entries: 12/13/2024 - Exhibit Filed +
  45. RIFS/Unredacted Document Exhibit A; Electronic Filing Certificate of Service in associated to Exhibit filed on 12/13/2024. Filed By: BAILEY M PRIVETTE On Behalf Of: JULIE JOHNSTON Associated Entries: 12/13/2024 - Exhibit Filed +
  46. xhibit Filed Exhibit D; Electronic Filing Certificate of Service. Filed By: BAILEY M PRIVETTE On Behalf Of: JULIE JOHNSTON Associated Entries: 12/13/2024 - CRIFS/Unredacted Document +
  47. xhibit Filed Exhibit C; Electronic Filing Certificate of Service. Filed By: BAILEY M PRIVETTE On Behalf Of: JULIE JOHNSTON Associated Entries: 12/13/2024 - CRIFS/Unredacted Document +
  48. xhibit Filed Exhibit B; Electronic Filing Certificate of Service. Filed By: BAILEY M PRIVETTE On Behalf Of: JULIE JOHNSTON Associated Entries: 12/13/2024 - CRIFS/Unredacted Document +
  49. xhibit Filed Exhibit A; Electronic Filing Certificate of Service. Filed By: BAILEY M PRIVETTE On Behalf Of: JULIE JOHNSTON Associated Entries: 12/13/2024 - CRIFS/Unredacted Document +
  50. otion to File Amended Pet First Amended Petition for Damages; Electronic Filing Certificate of Service. Filed By: BAILEY M PRIVETTE On Behalf Of: JULIE JOHNSTON
  51. rial Setting Scheduled Associated Entries: 01/06/2025 - Hearing Continued/Rescheduled + Scheduled For: 01/06/2025; 9:00 AM; HARVEY SHANE ALLEN; Howell
  52. earing Continued/Rescheduled 12/5/24 Atty. Privette appears for Plaintiff. Atty. Nebel appears for Defendant. The parties are granted 15 days to file suggestions regarding venue and requested counties for transfer. This matter is set on 1/6/25 at 9:00 a.m. for announcement. HSA Associated Entries: 11/07/2024 - Hearing Scheduled Associated Entries: 01/06/2025 - Hearing Continued/Rescheduled + Hearing Continued From: 12/05/2024; 9:00 AM Hearing
  53. ert Serv of Interrog Filed Certificate of Service; Electronic Filing Certificate of Service. Filed By: ZANE ANTHONY PRIVETTE On Behalf Of: JULIE JOHNSTON
  54. earing Scheduled Associated Entries: 12/05/2024 - Hearing Continued/Rescheduled + Scheduled For: 12/05/2024; 9:00 AM; HARVEY SHANE ALLEN; Howell
  55. otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: MADELINE JANE NEBEL On Behalf Of: DAIRY FARMERS OF AMERICA, INC
  56. ert Serv of Interrog Filed Certificate of Service; Electronic Filing Certificate of Service. Filed By: BAILEY M PRIVETTE On Behalf Of: JULIE JOHNSTON
  57. ert Serv Req Prod Docs Things Certificate of Service; Electronic Filing Certificate of Service. Filed By: MALLORY STUMPF ZOIA On Behalf Of: DAIRY FARMERS OF AMERICA, INC
  58. udge Assigned
  59. ransfer Filed EMAILED TO THE SUPREME COURT OF MISSOURI FOR ASSIGNMENT OF JUDICIAL PERSONNEL. cah
  60. udge Recuses JUDGE PRIVETTE RECUSES ON OWN MOTION
  61. udge/Clerk - Note MOTION FOR CHANGE OF JUDGE AND TRANSFER OF VENUE DEFENDANTS REPLY IN SUPPORT OF MOTION FOR CHANGE OF JUDGE AND TRANSFER OF VENUE PLACED IN DOWNSTAIRS INBOX FOR REVIEW. RF
  62. uggestions in Support Defendants Reply in Support of Motion to Strike Plaintiffs Improperly Pled Claims for Punitive Damages and Integrated Suggestions in Support; Exhibit 1; Exhibit 2; Exhibit 3; Exhibit 4; Electronic Filing Certificate of Service. Filed By: MALLORY STUMPF ZOIA On Behalf Of: DAIRY FARMERS OF AMERICA, INC
  63. uggestions in Support Defendants Reply in Support of Motion for Change of Judge and Transfer of Venue; Electronic Filing Certificate of Service. Filed By: MALLORY STUMPF ZOIA On Behalf Of: DAIRY FARMERS OF AMERICA, INC
  64. uggestions in Opposition Suggestions in Opposition of Defendants Motion to Strike Claims of Punitive Damages; Exhibit 1; Exhibit 2; Exhibit 3; Exhibit 4; Exhibit 5; Exhibit 6; Exhibit 7; Exhibit 8; Exhibit 9; Exhibit 10; Exhibit 11; Exhibit 12; Exhibit 13; Exhibit 14; Electronic Filing Certificate of Service. Filed By: BAILEY M PRIVETTE On Behalf Of: JULIE JOHNSTON
  65. uggestions in Opposition Suggestions in Opposition to Defendants Motion for Change of Venue Under Rule 51.045; Electronic Filing Certificate of Service. Filed By: BAILEY M PRIVETTE On Behalf Of: JULIE JOHNSTON
  66. ntry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: MADELINE JANE NEBEL On Behalf Of: DAIRY FARMERS OF AMERICA, INC
  67. ntry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: PATRICK FRANCIS HULLA On Behalf Of: DAIRY FARMERS OF AMERICA, INC
  68. otion for Change of Judge Defendants Motion for Change of Judge and Transfer of Venue; Electronic Filing Certificate of Service. Filed By: MALLORY STUMPF ZOIA On Behalf Of: DAIRY FARMERS OF AMERICA, INC
  69. nswer Filed Defendants Answer to Plaintiffs Petition for Damages; Electronic Filing Certificate of Service. Filed By: MALLORY STUMPF ZOIA On Behalf Of: DAIRY FARMERS OF AMERICA, INC
  70. otion to Strike Defendants Motion to Strike Plaintiffs Improperly Pled Claims for Punitive Damages and Integrated Suggestions in Support; Exhibit 1; Exhibit 2; Exhibit 3; Exhibit 4; Exhibit 5; Exhibit 6; Electronic Filing Certificate of Service. Filed By: MALLORY STUMPF ZOIA On Behalf Of: DAIRY FARMERS OF AMERICA, INC
  71. ntry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: MALLORY STUMPF ZOIA On Behalf Of: DAIRY FARMERS OF AMERICA, INC
  72. ummons Personally Served Document ID - 24-SMCC-240; Served To - DAIRY FARMERS OF AMERICA, INC; Server - COLE COUNTY SHERIFF MISSOURI; Served Date - 07/23/2024; Served Time - 15:07:16; Service Type - SD; Reason Description - SERV; Service Text -DAIRY FARMERS OF AMERICA SERVED
  73. ummons Issued-Circuit Document ID: 24-SMCC-240, for DAIRY FARMERS OF AMERICA, INC
  74. lias Summons Requested Alias Summons Request. Filed By: BAILEY M PRIVETTE On Behalf Of: JULIE JOHNSTON
  75. ummons Issued-Circuit Document ID: 24-SMCC-220, for DAIRY FARMERS OF AMERICA, INC
  76. iling Info Sheet eFiling Filed By: BAILEY M PRIVETTE
  77. ote to Clerk eFiling Filed By: BAILEY M PRIVETTE

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