PNC Bank National Association, v. El Tovar, Incorporated et al.
| PNC Bank, National Association, |
| Steven D. Parrish and El Tovar, Incorporated |
| 4:2013cv01073 |
| June 6, 2013 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| St. Louis - City |
| Charles A. Shaw |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| None |
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Filing
135
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the Receivers Consent Motion to (1) Authorize the Public Sale of Certain Real Estate (2) Approve Procedure for the Public Sale, (3) Approve Form and Manner of Notice of Sale, (4) Set a Hearing to Approve Sales Procedure, and (5) Set a Hearing to Confirm Sale is GRANTED in part and DENIED in part. The motion is DENIED only to the extent it seeks a hearing to approve the sales procedure, and is GRANTED in all other respects. [Doc. 114] IT IS FURTHER O RDERED that the Receiver is authorized and directed to conduct a public auction to sell the Property pursuant to the procedure described in Paragraph 29 of the Motion. IT IS FURTHER ORDERED that the Receiver shall publish notice of sale in the form a ttached as Exhibit C to the Motion as set forth in Paragraph 29(a) of the Motion. IT IS FURTHER ORDERED that upon the successful closing of the sale of the Property, the Receiver shall be entitled to receive payment of a commission of four (4) percen t of the final sale, and any mortgage, security interest, lien or encumbrance on the Property shall attach to the net proceeds of the sale of the Property with the same validity and priority as they enjoyed with respect to the Property. IT IS FURTHER ORDERED that in the event that a competing Qualified Bid (as defined in the Motion) is received by the Receiver on a timely basis, the auction shall be held at the courthouse of the Circuit Court of the City of St. Louis, State of Missouri, 10 North Tucker Boulevard, St. Louis, Missouri 63101 on a date selected by the Receiver at least seven (7) days after the final notice of sale is published. In the event that no other Qualified Bids are received, the Receiver shall not be required to conduct the auction at a date and time set forth in the notice. IT IS FURTHER ORDERED that the Court will conduct a hearing on Thursday, July 17, 2014 at 1:30 p.m. in Courtroom 3 North, Thomas F. Eagleton Courthouse, 111 South 10th Street, St. Louis, Missou ri 63102 to consider the results of the public auction and to confirm the resulting sale. Nothing in this Memorandum and Order constitutes a confirmation of the resulting sale, which shall be subject to this Court's approval. ( In Court Hearing set for 7/17/2014 01:30 PM before District Judge Charles A. Shaw.) Signed by District Judge Charles A. Shaw on 5/16/14. (JWJ)
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Filing
111
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff PNC Banks Motion to Strike defendants Motion for Rehearing is DENIED. [Doc. 105] IT IS FURTHER ORDERED that defendants Motion for Rehearing, construed as a motion under Rule 59(e), Fed. R. Civ. P., is DENIED. [Doc. 104] IT IS FURTHER ORDERED that plaintiff PNC Banks Motion for Attorneys Fees and Expenses is GRANTED to the extent that PNC is entitled to judgment against the defendants, jointly and severally, for contractual attorneys fees i n the amount of $57,000.00 and contractual expenses of collection in the amount of $3,293.67, for a total of $60,293.67. [Doc. 103] IT IS FURTHER ORDERED that plaintiff PNC Banks Motion for Bill of Costs is GRANTED to the extent that c osts will be taxed in the amount of $423.63. [Doc. 109] IT IS FURTHER ORDERED that the Clerk of the Court shall tax costs against defendants El Tovar, Incorporated and Steven D. Parrish, jointly and severally, in the amount of Four Hundred Twenty-Three Dollars and Sixty-Three Cents ($423.63). IT IS FINALLY ORDERED that the Court will enter an Amended Judgment in accordance with this Memorandum and Order.. Signed by District Judge Charles A. Shaw on 4/23/14. (JWJ)
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Filing
102
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendants Motion to Modify the Court Order of December 5, 2013, construed as a motion under Rule 60(b), Fed. R. Civ. P., is DENIED. [Doc. 92]. Signed by District Judge Charles A. Shaw on 2/13/14. (JWJ)
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Filing
99
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff PNC Bank, National Association's Motion for Summary Judgment is GRANTED. [Doc. 84] IT IS FURTHER ORDERED that plaintiff PNC Bank, National Association's Motions to Dismiss Defendants' Counterclaims and to Strike Affirmative Defenses are DENIED as moot. [Docs. 31, 38] Signed by District Judge Charles A. Shaw on 2/11/2014. (NCL)
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Filing
80
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs motion for order to show cause why the defendants should not be held in contempt of Court is GRANTED as set forth herein. Doc. 64 IT IS FURTHER ORDERED that defendants shall turn over t o the Receiver, S&HEquities, LLC, the sum of Eleven Thousand Four Hundred Ninety-Two Dollars and Seventy-Two Cents ($11,492.72) no later than 12:00 noon on Monday, December 16, 2013. IT IS FURTHER ORDERED that plaintiff PNC Bank, National Asso ciation, shall promptly notify the Court in writing as to the defendants compliance with the terms of this Order. IT IS FURTHER ORDERED that this matter is set for hearing on December 17, 2013, at 2:00 p.m. in Courtroom 3-North, at which time the parties shall appear, including defendant Steven D. Parrish in person, absent further order of the Court. IT IS FURTHER ORDERED that defendants Motion to Enforce Settlement is DENIED. Signed by District Judge Charles A. Shaw on 12/5/2013. (RAK)
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Filing
71
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that a hearing is set for Thursday, December 5, 2013 at 1:00 p.m. in Courtroom No. 3-N of the Thomas F. Eagleton United States Courthouse, at which plaintiff PNC Bank, National Association, shall present its evidence concerning defendants alleged contempt of the Consent Order Appointing Receiver, and defendants El Tovar, Incorporated and Steven D. Parrish shall appear and may show cause why civil contempt sanctions should not be imposed against them for failure to comply with the Consent Order Appointing Receiver. Failure to appear for the hearing as ordered may subject defendant Parrish to arrest by the United States Marshals Service.IT IS FURTHER ORDERED that defendants shall file their written re sponse to plaintiffs motion for order to show cause by December 2, 2013, at 5:00 p.m. Motion Hearing set for 12/5/2013 01:00 PM before District Judge Charles A. Shaw. Show Cause Response due by 12/2/2013. Signed by District Judge Charles A. Shaw on 11/26/13. (JWJ)
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