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Case Information

Filed 2025-02-07
Type Cc Other Tort
Docket 84 entries
Disposition dismissed

Parties

Plaintiff Freedom Liing, Llc|Spooner, Jack Bernard
Defendant City Of St Louis
Photo of Hon. Whyte Joseph Patrick

Judge

Hon. Whyte Joseph Patrick

St. Louis city (MO)

Missouri

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Lawyers

Docket Entries

  1. et Filed in Circuit Ct Verified Petition. Filed By: JACK BERNARD SPOONER On Behalf Of: FREEDOM LIVING, LLC
  2. otion to Pay Out MOTION TO RELEASE AND PAYOUT TRO BOND TO PLAINTIFF; Electronic Filing Certificate of Service. Filed By: JACK BERNARD SPOONER
  3. otice of Dismissal DISMISSAL WITHOUT PREJUDICE COMES NOW Plaintiff, by and through counsel, and pursuant to Rule 67 of the Missouri Rules of Civil Procedure hereby dismisses this action without prejudice.; Electronic Filing Certificate of Service. Filed By: JACK BERNARD SPOONER
  4. ismissed by Parties
  5. rder Withdrawing Attorney:
  6. rder Case is set for status conference on November 5, 2025 at 9:00 am. SO ORDERED: JUDGE JOSEPH P. WHYTE #38194
  7. otion of Withdrawl of Counsel Withdrawal of Counsel - Beamer; Electronic Filing Certificate of Service. Filed By: SARAH ELIZABETH BEAMER
  8. otion Hearing Held Associated Entries: 07/02/2025 - Motion Hearing Scheduled Scheduled For: 07/14/2025; 9:00 AM; JOSEPH PATRICK WHYTE; City of St. Louis
  9. rder Parties appear on Defendant's Motion to Dissolve TRO. TRO having not been timely renewed is no longer in force. SO ORDERED: JUDGE JOSEPH P. WHYTE #38194
  10. otion Hearing Scheduled Associated Entries: 07/15/2025 - Motion Hearing Held Scheduled For: 07/14/2025; 9:00 AM; JOSEPH PATRICK WHYTE; City of St. Louis
  11. otice of Hearing Filed Notice of Hearing; Electronic Filing Certificate of Service. Filed By: INEZ JOHNSON-ROSS On Behalf Of: CITY OF ST LOUIS
  12. otice to Take Deposition Notice of Deposition; Electronic Filing Certificate of Service. Filed By: INEZ JOHNSON-ROSS On Behalf Of: CITY OF ST LOUIS
  13. rder Comes now attorney for Defendant and Plaintiff verbal motion heard and Judge orders that all remaining depositions will be taken at 1520 Market St., St Louis Mo 63103. SO ORDERED: JUDGE JOSEPH P. WHYTE #38194
  14. ounsel Status Hearing Held Associated Entries: 06/02/2025 - Counsel Status Hrng Scheduled Scheduled For: 06/09/2025; 10:00 AM; JOSEPH PATRICK WHYTE; City of St. Louis
  15. otice of Hearing Filed Notice of Hearing - Status; Electronic Filing Certificate of Service. Filed By: SARAH ELIZABETH BEAMER On Behalf Of: CITY OF ST LOUIS
  16. ounsel Status Hrng Scheduled Associated Entries: 06/10/2025 - Counsel Status Hearing Held Scheduled For: 06/09/2025; 10:00 AM; JOSEPH PATRICK WHYTE; City of St. Louis
  17. rder COMES NOW Plaintiff Freedom Living, LLC, by and through counsel, and COMES NOW Defendant City of St. Louis, by and through counsel, and with consent of the parties: IT IS HEREBY ORDERED that pursuant to Rule 92.02(a)(5) Plaintiff has shown good cause and the the grounds specified in Rule 92.02(a)(1) continue to exist to extend the Court's March 19, 2025 Order, the Temporary Restraining Order, and the subsequent continuance orders thereby continuing the TRO from May 31, 2025 to June 15, 2025, and that upon application by Plaintiff may be extended as additional fifteen (15) days; (see Order in its entirety) SO ORDERED: JUDGE JOSEPH P. WHYTE #38194
  18. otion Filed Consent Order to Extend TRO; Electronic Filing Certificate of Service. Filed By: JACK BERNARD SPOONER
  19. rder IT IS HEREBY ORDERED that the Temporary Restraining Order and Court's March 19, 2025 Order is modified resulting from the disaster and damage to the Property to allow Plaintiff to conduct activities to protect, repair or restore the Property necessary to control or arrest the effects from May 16, 2025 tornado that directly struck the Property. SO ORDERED: JUDGE JOSEPH P. WHYTE #38194
  20. roposed Order Filed Proposed Consent Order; Electronic Filing Certificate of Service. Filed By: JACK BERNARD SPOONER
  21. otion Filed Emergency Motion; Electronic Filing Certificate of Service. Filed By: JACK BERNARD SPOONER
  22. earing Held Associated Entries: 05/12/2025 - Hearing Continued/Rescheduled Associated Entries: 05/12/2025 - Hearing Scheduled Scheduled For: 05/20/2025; 1:00 PM; JOSEPH PATRICK WHYTE; City of St. Louis
  23. rder COMES NOW Plaintiff Freedom Living, LLC, by and through counsel, and COMES NOW Defendant City of St. Louis, by and through counsel, and with counsel of the parties. IT IS HEREBY ORDERED that pursuant to Rule 92.02(a)(5) Plaintiff has shown good cause and that the grounds specified in Rule 92.02(a)(1) continue to exist to extend the Temporary Restraining Order and Court's April 3, 2025 Order to May 31, 2025, and that upon application by Plaintiff may be extended an additional fifteen (15) days. IT IS FURTHER ORDERED that Defendant cinsents ti leave being granted to allow Plaintiff to file an amended petition and Plaintiff shall file responsive pleadings and motion for preliminary injunction by May 23, 2025.(See order in its entirety). SO ORDERED: JUDGE JOSPEH P. WHYTE #38194
  24. earing Scheduled Associated Entries: 05/20/2025 - Hearing Held Scheduled For: 05/20/2025; 1:00 PM; JOSEPH PATRICK WHYTE; City of St. Louis
  25. earing Continued/Rescheduled Associated Entries: 04/22/2025 - Hearing Continued/Rescheduled Associated Entries: 04/22/2025 - Hearing Scheduled Associated Entries: 05/20/2025 - Hearing Held Hearing Continued From: 05/15/2025; 9:00 AM Hearing
  26. rder for Continuance Case is set for hearing on May 20, 2025 at 1:00 pm. SO ORDERED: JUDGE JOSEPH P. WHYTE #38194
  27. ntry of Appearance Filed EOA- Beamer; Electronic Filing Certificate of Service. Filed By: SARAH ELIZABETH BEAMER On Behalf Of: CITY OF ST LOUIS
  28. otice to Take Deposition Notice of Deposition; Electronic Filing Certificate of Service. Filed By: INEZ JOHNSON-ROSS On Behalf Of: CITY OF ST LOUIS
  29. earing Scheduled Associated Entries: 05/12/2025 - Hearing Continued/Rescheduled Scheduled For: 05/15/2025; 9:00 AM; JOSEPH PATRICK WHYTE; City of St. Louis
  30. earing Continued/Rescheduled Associated Entries: 04/03/2025 - Hearing Scheduled Associated Entries: 05/12/2025 - Hearing Continued/Rescheduled Hearing Continued From: 05/01/2025; 1:30 PM Hearing
  31. nswer Filed Answer to Plaintiffs Amended Petition; Exhibit A; Exhibit B; Electronic Filing Certificate of Service. Filed By: INEZ JOHNSON-ROSS On Behalf Of: CITY OF ST LOUIS
  32. otion to Set Aside Defendants Motion to Dissolve TRO; Defendants Exhibit B; Electronic Filing Certificate of Service. Filed By: INEZ JOHNSON-ROSS
  33. earing Scheduled Associated Entries: 04/22/2025 - Hearing Continued/Rescheduled Scheduled For: 05/01/2025; 1:30 PM; JOSEPH PATRICK WHYTE; City of St. Louis
  34. rder COMES NOW Plaintiff Freedom Living, LLC, by and through counsel, and COMES NOW Defendant City of St. Louis, by and through counsel, and with consent of the parties: IT IS HEREBY ORDERED that pursuant to Rule 92.02(a)(5) Plaintiff sha shown good cause and that grounds specified in Rule 92.02(a)(1) continue to exist to extend the Temporary Restraining Order and Court's March 19, 2025 Order to April 17, 2025 and that upon application by Plaintiff may be extended and additional fifteen (15) days: IT IS FURTHER ORDERED that all pending motions, including a motion to dissolve temporary restraining order and motion for preliminary injunction, shall be called for hearing on May 1, 2025 at 1:30 pm. (See order in its entirety) SO ORDERED: JUDGE JOSEPH P. WHYTE #38194
  35. roposed Order Filed Proposed Order; Electronic Filing Certificate of Service. Filed By: JACK BERNARD SPOONER On Behalf Of: FREEDOM LIVING, LLC
  36. ote to Clerk eFiling Filed By: CHRISTOPHER MICHAEL JOHNSON
  37. emorandum Filed Memorandum of Bond Posting; Electronic Filing Certificate of Service. Filed By: CHRISTOPHER MICHAEL JOHNSON On Behalf Of: FREEDOM LIVING, LLC
  38. rder The Court has before it, Plaintiff Freedom Living, LLC, ("Plaintiff")'s Amended Verified Motion for Temporary Restraininf Order filed February 24, 2025. This motion was called and heard on March 5, 2025, with the record remaining open until March 12, 2025, for the parties to submit final briefing on this matter. Plaintiff and Defendant, City of St. Louis, (Defendant) appeared by counsel. The parties were given the full and fair opportunity to present argument to the to the Court. The Court now rules as follows: THEREFORE, IT IS ORDERED AND DECREED that Plaintiff's Amended Verified Motion for Temporary Restraining Order is hereby GRANTED as to Plaintiff's request for temporary restraining order. Defendant is hereby enjoined from reallocating the $2,00,00.00 previously pledged to Plaintiff until further ordr of the is Court. Plaintiff shall immediately cease all work, including but not limited to, drilling, sawing and debris removal, at the property at issue until further order of this Court. Defendant shall have the right to inspect the property at the issue within fifteen (15) days of the date of this order. Should Defendants find that work has been done to the property at issue in violation of any local, state or federal regulations, this Court will entertain a motion to dissolve this TRO. Should Defendants find that no work has been in violation of local state or federal regulations, this Court will entertain a motion for a preliminary injunction with the understanding that it will not apply to any future violations of local, state or federal regulations and will not prevent the previoulsy set expiration date of said pledged funds. Plainitff shall post a bond in the amount of $3,500.00 (Three Thousand Five Hundred Dollars). (see order in its entirety) SO ORDERED: JUDGE JOSEPH P. WHYTE #38194
  39. eply TRO Sur Reply Memorandum; Electronic Filing Certificate of Service. Filed By: JACK BERNARD SPOONER
  40. otice of Service 25-SMCC-1084; Electronic Filing Certificate of Service.
  41. orporation Served Document ID - 25-SMCC-1084; Served To - CITY OF ST LOUIS; Server - ; Served Date - 07-MAR-25; Served Time - 14:44:00; Service Type - Sheriff Department; Reason Description - Served
  42. esponse Filed Defendant Response to Plaintiff Reply Memo to Def Response in Opposition to Motion for TRO; HOME ARP Grant Agreement; Electronic Filing Certificate of Service. Filed By: INEZ JOHNSON-ROSS On Behalf Of: CITY OF ST LOUIS
  43. esponse Filed Defendants Response in Opposition to Plaintiffs Amended Verified Motion for TRO; Electronic Filing Certificate of Service. Filed By: INEZ JOHNSON-ROSS On Behalf Of: CITY OF ST LOUIS
  44. esponse Filed Defendants Motion in Opposition to TRO; Electronic Filing Certificate of Service. Filed By: INEZ JOHNSON-ROSS On Behalf Of: CITY OF ST LOUIS
  45. esponse Filed Defendants Motion in Opposition to TRO; Electronic Filing Certificate of Service. Filed By: INEZ JOHNSON-ROSS On Behalf Of: CITY OF ST LOUIS
  46. rder Case comes on for hearing on Plaintiff's Amended Motion for TRO. Motion called and heard. Defendant GRANTED additional time to and including Friday, March 7, 2025, in which to file it addional response due to the Plaintiff's filing of an Amended Motion for TRO on February 24, 2025. Plaintiff will then have through March 12, 2025 in which to file a surreply or waive filing of same, at which time the motion will be taken under submission. The Court is assured that the status quo with respect to the special fundsat issue will remain in place until June 2025. SO ORDERED: JUDGE JOSEPH P. WHYTE #38194
  47. otion Hearing Held Associated Entries: 02/27/2025 - Hearing Continued/Rescheduled Associated Entries: 02/27/2025 - Motion Hearing Scheduled Scheduled For: 03/05/2025; 10:30 AM; JOSEPH PATRICK WHYTE; City of St. Louis
  48. eply Reply Memorandum to Defendants Response to Motion for Temporary Restraining Order; Electronic Filing Certificate of Service. Filed By: JACK BERNARD SPOONER On Behalf Of: FREEDOM LIVING, LLC
  49. otion Hearing Scheduled Associated Entries: 03/05/2025 - Motion Hearing Held Scheduled For: 03/05/2025; 10:30 AM; JOSEPH PATRICK WHYTE; City of St. Louis
  50. rder for Continuance TRO hearing continued to Wednesday, March 5, 2025 at 10:30 am before Division 7. SO ORDERED: JUDGE JOSEPH P. WHYTE #38194
  51. earing Continued/Rescheduled Associated Entries: 02/27/2025 - Motion Hearing Scheduled Associated Entries: 03/05/2025 - Motion Hearing Held Hearing Continued From: 02/27/2025; 9:00 AM Motion Hearing
  52. otion Hearing Scheduled Associated Entries: 02/27/2025 - Hearing Continued/Rescheduled Scheduled For: 02/27/2025; 9:00 AM; JOSEPH PATRICK WHYTE; City of St. Louis
  53. etition: Amended Petition. Filed By: JACK BERNARD SPOONER
  54. esponse Filed Defendants Response in Opposition to Plaintiffs Motion for Temporary Restraining Order; Electronic Filing Certificate of Service. Filed By: INEZ JOHNSON-ROSS On Behalf Of: CITY OF ST LOUIS
  55. ntry of Appearance Filed Entry of Appearance; Electronic Filing Certificate of Service. Filed By: INEZ JOHNSON-ROSS On Behalf Of: CITY OF ST LOUIS
  56. udge Assigned Filed By: JOSEPH PATRICK WHYTE
  57. rder for Change of Judge Therefore, this Court hereby grants Plaintiff's request for change of judge. This cause is hereby reassigned to the Honorable Joseph Whyte, Division 7 for all further proceedings. SO ORDERED: Judge Joan L. Moriarty #33057
  58. ertificate of Service Certificate of Service OF TRO Hearing. Filed By: JACK BERNARD SPOONER
  59. otice of Hearing Filed Notice of TRO Hearing. Filed By: JACK BERNARD SPOONER
  60. roposed Order Filed Proposed Order for TRO. Filed By: JACK BERNARD SPOONER
  61. ot for Temp Restraining Order Amended Motion for TRO. Filed By: JACK BERNARD SPOONER
  62. equest Filed Request for Change of Judge. Filed By: JACK BERNARD SPOONER
  63. ummons Issued-Circuit Document ID: 25-SMCC-1084, for CITY OF ST LOUIS
  64. ote to Clerk eFiling Filed By: JACK BERNARD SPOONER
  65. emorandum Filed Memorandum of Service Fees Deposited. Filed By: JACK BERNARD SPOONER On Behalf Of: FREEDOM LIVING, LLC
  66. udge/Clerk - Note NEEDS ADDITIONAL 36.00 DOLLARS CITY SHERIFF FEES WITH A SERVICE MEMORANDUM AND OR A REQUEST FOR SPECIAL PROCESS SERVER FOR SERVICE ON DEFENDANT
  67. iling Info Sheet eFiling Filed By: JACK BERNARD SPOONER
  68. ot for Temp Restraining Order Verified Motion for Temporary Restraining Order. Filed By: JACK BERNARD SPOONER On Behalf Of: FREEDOM LIVING, LLC

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