Phelps et al v. Schwab
Plaintiff: Rondy Phelps, April Mobley and Cindy Carey
Defendant: Phyllis Schwab
Case Number: 1:2012cv00009
Filed: January 13, 2012
Court: US District Court for the Eastern District of Missouri
Office: Cape Girardeau Office
County: Carter
Presiding Judge: Stephen N. Limbaugh
Nature of Suit: Motor Vehicle
Cause of Action: 28:1332
Jury Demanded By: Defendant

Available Case Documents

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Date Filed Document Text
April 16, 2012 Opinion or Order Filing 21 MEMORANDUM AND ORDER.. IT IS HEREBY ORDERED that plaintiffs' original motion to remand, #6, and original motions for sanctions, #8 and #9, all filed on January 19, 2012, are DENIED as moot. IT IS FURTHER ORDERED that plaintiffs' amended mot ion to remand this case, #10 filed January 20, 2012, is GRANTED. IT IS FURTHER ORDERED that defendant's motion to join Clark E. Gresham as adefendant and dismiss Phyllis Schwab as a defendant, #5, filed January 13, 2012, is DENIED for lack of ju risdiction. IT IS FURTHER ORDERED that plaintiffs' amended motions for sanctions pursuant to Fed. R. Civ. P. 11, #11 and #12, are DENIED. IT IS FURTHER ORDERED that defendant is required to pay the just costs and any actual expenses, including a ttorneys fees, incurred as a result of the 2012 removal of this case pursuant to 28 U.S.C. § 1447(c). Plaintiffs may submit, within two weeks of the date of this order, a bill of such costs and expenses. IT IS FINALLY ORDERED that this matter, with the exception of the issue of the award to plaintiffs for costs and expenses, is REMANDED to the Circuit Court of Carter County, Missouri. Signed by Honorable Stephen N. Limbaugh, Jr on 4/16/12. (cc: Circuit Court of Carter County)(MRS)
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Plaintiff: Rondy Phelps
Represented By: Thad R. Mulholland
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Plaintiff: April Mobley
Represented By: Thad R. Mulholland
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Plaintiff: Cindy Carey
Represented By: Thad R. Mulholland
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Defendant: Phyllis Schwab
Represented By: Robbye Hill Toft
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