Bank of America, N.A. v. Magruder Construction Co., Inc.
Plaintiff: Bank of America, N.A.
Defendant: Magruder Construction Co., Inc.
Case Number: 4:2014cv00809
Filed: April 28, 2014
Court: US District Court for the Eastern District of Missouri
Office: St. Louis Office
County: Within US but Outside Home State
Presiding Judge: John A. Ross
Nature of Suit: Negotiable Instrument
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
January 28, 2015 Opinion or Order Filing 161 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED THAT Atec Liquidations, Inc.'s Motion to Dismiss the Motion to Oppose Atec's Release Filed by Philip Gali 160 is GRANTED. IT IS FURTHER ORDERED that Philip Gali's pro se Motion to Oppose W ithdrawal of Pleading 158 and Motion to Oppose Atec's Release 159 are DENIED for lack of standing. IT IS FURTHER ORDERED that the Clerk of Court shall mail a copy of this Order to Mr. Philip Gali. Signed by District Judge John A. Ross on 1/28/15. (JWD)
October 10, 2014 Opinion or Order Filing 110 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the Receiver's Motion for Instructions Regarding Retainer Request 67 is GRANTED. The Receiver is hereby authorized to pay a retainer to Steven M. Hamburg, Steven M. Hamburg, P.C., counsel for De fendant Magruder, in the amount of $25,000 within ten (10) days of this Order. IT IS FURTHER ORDERED that Defendant's Motion for an Order Directing Receiver to Rescind the Purported Termination of Philip Gali 88 is DENIED. IT IS FURT HER ORDERED that the Receiver is granted fourteen (14) days to review the financing proposals submitted by Utica Leasco, LLC and Heartland Bank and investigate alternate financing proposals. The Receiver shall file its report and recommendation w ith the Court no later than October 24, 2014. Any objections to the Receiver's report and recommendation shall be filed no later than October 31, 2014. The Court will reserve ruling on Defendant's Motion for Approval of Commitment Letter from Utica Leaseco, LLC and for anOrder directing Mr. Philip Gali to Execute the Commitment Letter on Behalf of Magruder Construction Co., Inc. 90 IT IS FURTHER ORDERED that Defendant Magruder is granted fourteen (14) days to submit additional br iefing on its Motion Directing Receiver to Engage Special Counsel and to Release Funds. 103 IT IS FINALLY ORDERED that Receiver's Motion to Change Date for Monthly Report 106 is GRANTED. The Receiver's monthly reports shall be filed on the 17th day of each month. Signed by District Judge John A. Ross on 10/10/14. (JWD)
September 15, 2014 Opinion or Order Filing 80 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Motion to Intervene of Philip Gali as Trustee of the Magruder Construction Co., Inc. Employee Stock Ownership Trust 72 is GRANTED. IT IS FURTHER ORDERED that Defendant Magruder is granted 30 day s, up to and including October 16, 2014, to file its Answer to the Verified complaint. IT IS FURTHER ORDERED that the Receiver shall request details regarding the scope of services that would be provided for the $25,000 retainer to Stone, Leyton & Gershman for representation of Magruder and report back to the Court by September 26, 2014.. Signed by District Judge John A. Ross on 9/15/14. (LGK)
August 1, 2014 Opinion or Order Filing 58 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Motion for Leave to Withdraw 54 is GRANTED. IT IS FURTHER ORDERED that Defendant Magruder Construction Co., Inc.'s Motion for Extension of Time to Answer Verified Complaint 55 is GRANTED in part. Defendant is granted 45 days, up to and including September 16, 2014, to file its Answer to the Verified Complaint. (Doc. No. 55) Signed by District Judge John A. Ross on 8/1/14. (JWD)
July 31, 2014 Opinion or Order Filing 56 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's Motion to Dismiss Verified Complaint 17 is DENIED. Signed by District Judge John A. Ross on 7/31/14. (ARL)
July 14, 2014 Opinion or Order Filing 46 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Motion to Intervene of Mark Games, Merle McGlasson and Mark Magruder 36 is GRANTED. Signed by District Judge John A. Ross on 7/14/14. (JWD)
June 18, 2014 Opinion or Order Filing 35 MEMORANDUM AND ORDER: A telephone conference was held with counsel on the notice provided by Plaintiff Bank of America. (Doc. No. 31) The Court finds the Bank has complied with the notice requirement set out in the Second Amended Temporary Restrai ning Order. Defendant has an adequate remedy at law if any action taken by the Bank is found contrary to the Loan Agreement. The Court reserves ruling on any requests for attorney's fees and sanctions. Signed by District Judge John A. Ross on 6/18/14. (JWD)
May 29, 2014 Opinion or Order Filing 20 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Amended Temporary Restraining Order 7 shall remain in full force and effect through Monday, July 28, 2014, with the same bond previously ordered. IT IS FURTHER ORDERED that the parties shall eac h have seven (7) days to submit any affidavits in support of or in opposition to Plaintiff's Motion for Appointment of Receiver 4 . At that time the Court will take the Motion for Appointment of Receiver under submission through Monday, July 28, 2014. IT IS FURTHER ORDERED that Plaintiff shall have seven (7) days to file a response to Defendant's Motion to Dismiss and Defendant shall have three (3) days to file a reply. At that time the Court will take the Motion to Dismiss und er submission through Monday, July 28, 2014. IT IS FINALLY ORDERED that the parties shall file a status report with the Court on or before Monday, July 28, 2014, and make an appropriate motion as to the extension or modification of this Order. Signed by District Judge John A. Ross on 5/29/14. (JWD)
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Plaintiff: Bank of America, N.A.
Represented By: Michael A. Clithero
Represented By: Alicia Michelle Kerr
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Defendant: Magruder Construction Co., Inc.
Represented By: John J. Gazzoli, Jr.
Represented By: Theresa A. Phelps
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