Miess v. Port City Trucking, Inc. et al

Plaintiff: Christina J Miess
Defendant: Port City Trucking, Inc., Alvin Lewis and Mars, Inc.
Case Number: 4:2009cv01124
Filed: July 16, 2009
Court: Missouri Eastern District Court
Office: St. Louis Office
County: Phelps
Presiding Judge: Catherine D. Perry
Referring Judge:
Nature of Suit: Both
Cause of Action: 00:0000 Cause Code Unknown
Jury Demanded By: Both

Available Case Documents

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Date Filed#Document Text
February 8, 2012 173 Opinion or Order of the Court MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that:1. Miess's motion to vacate liens and forfeit attorneys' fees of Riehn and Trotter [# 105 ] is granted in part and denied in part. Trotter and Riehn's recovery is limited to 8% of the amount Miess recovers from the defendants on any pending claim concerning the accident in question. 2. Miess's motion to strike [# 148 ] is denied. Signed by Honorable Catherine D. Perry on February 8, 2012. (BRP)
February 8, 2012 174 Opinion or Order of the Court MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Miess's motion to enforce the settlementorder [# 149 ] is granted; Huffman is ordered to deliver his signature to the defendants within ten days of this order, and Huffman is ordered to pay to Mies s's counsel their reasonable attorneys fees in bringing the motion.IT IS FURTHER ORDERED that the fathers' motions for a schedulingorder [# 156 ], to compel [# 166 ], and for a pre-trial conference [# 172 ], and Miess's motions for hea ring [# 159 ] and for protective order [# 168 ] are denied except as follows: 1. Miess and Barton will produce to one another updated medical records since their last production, any Social Security disability files that exist, and records of employ ment for the five years before the accident until December 31, 2011, as described more fully above.2.If Miess is claiming back child support from either Scheider or Huffman in addition to that listed in the settlement agreement, she must produce a sw orn statement setting out the amount of child support she contends is owed and the basis for the calculation, unless this information has already been provided. 3. If Miess, Scheider, or Huffman had life or accidental death insurance policies or hav e collected on any such insurance relating to their deceased children, they must produce documents sufficient to show all amounts paid or to be paid. 4. All discovery ordered here must be produced by February 28, 2012. 5. The Court will hold an evid entiary hearing to consider all remaining issues in this case on Friday, March 16 at 9:00 a.m. The Court will set aside the full day for this hearing, and expects to enter a final judgment in the case at theconclusion of the hearing. Counsel must t herefore be prepared to present allevidence necessary and should bring with them proposed orders and judgmentforms setting out all items that must be included under Mo. Rev. Stat. § 537.095 and for final resolution of this matter. (Discovery Completion due by 2/28/2012.) Signed by Honorable Catherine D. Perry on February 8, 2012. (BRP)
September 3, 2009 21 Opinion or Order of the Court ORDER. IT IS HEREBY ORDERED that plaintiff's motion to disqualify counsel[#14] is granted. IT IS FURTHER ORDERED that attorneys J. Michael Riehn and Don Trotter must, within ten days of this Order, withdraw as counsel in this matter, and must deliver all files relevant to Christina Miess' case to Ms. Miess or to her new counsel in this matter, Aaron Sachs & Associates. IT IS FURTHER ORDERED that the motion to intervene as plaintiffs of William Scheider and Richard Huffman [#20] is granted, but they have failed to file their proposed complaint in intervention as required by Rule 24(c), and theymust do so by September 18, 2009. Signed by Honorable Catherine D. Perry on 9/3/09. (RJD)
April 23, 2012 239 Opinion or Order of the Court MEMORANDUM AND ORDER. I have thoroughly considered all the arguments made in the briefs relating to attorney Trotter's motion to reconsider. Nothing that occurred at the March hearings changes my opinion as set forth in my February 8, 2012 Order [# 173 ]. Accordingly, IT IS HEREBY ORDERED that Trotter's motion for reconsideration [# 234 ] is denied. Signed by Honorable Catherine D. Perry on 04/23/2012. (CBL)
June 14, 2010 79 Opinion or Order of the Court MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff's motion to disqualify [#54 and #55] are GRANTED. IT IS FURTHER ORDERED that attorneys J. Michael Riehn and Don Trotter must, within ten days of this Order, withdraw as counsel in this ma tter, and must deliver all files relevant to Mark Barton's case to Mr. Barton, or to his new counsel in this matter, if new counsel has been retained by that time. IT IS FURHTER ORDERED that if no new counsel have entered an appearance, attorne ys Riehn and Trotter must provide the court with the address and telephone number of Mr. Burton, which will be entered on the docket, and Mr. Burton will be deemed to be representing himself. Attorneys Riehn and Trotter are obligated, of course, to inform Mr. Burton of his need to obtain new counsel and of the consequences of representing himself. Signed by Honorable Catherine D. Perry on June 14, 2010. (MCB)

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Plaintiff: Christina J Miess
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Defendant: Port City Trucking, Inc.
Represented By: Laurel E. Stevenson
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Defendant: Alvin Lewis
Represented By: Laurel E. Stevenson
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Defendant: Mars, Inc.
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