Austin et al v. United States Department of Agriculture, Rural Development
| Phyllis Austin and Penelope Burris |
| United States Department of Agriculture, Rural Development |
| 1:2012cv00137 |
| August 6, 2012 |
| US District Court for the Eastern District of Missouri |
| Cape Girardeau Office |
| Ripley |
| Stephen N. Limbaugh |
| Other Contract |
| 28 U.S.C. ยง 1446 |
| None |
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Filing
19
AMENDED MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's Motion for Ex Parte Temporary Restraining Order and Preliminary Injunction (#15) is GRANTED for the reasons stated herein on this day, May 1, 2013, at 4:30 p.m.;IT IS FURTHER O RDERED that defendant is enjoined from selling "All of Lots 23 and 24, Lingo Ranchette No. 2, as shown by plat on file in the office of Recorder of Deeds of Ripley County, Missouri," which is currently set for Trustee's Sale on May 6, 2013, between 10:00 a.m. and 2:00 p.m., until such time as a hearing on a preliminary injunction may be heard on this matter by the Court of Federal Claims or this Court. IT IS FURTHER ORDERED that plaintiff's Motion to Expedite Hearing (#16) is GRANTED; IT IS FURTHER ORDERED that in the event the Court of Federal Claims does not assume jurisdiction over this case, a hearing on preliminary injunction will be set at a later date by this Court. IT IS FINALLY ORDERED plaintiff's Motion for Leave to File Amended Complaint (#17) is held in abeyance pending transfer of this matter to the Court of Federal Claims. Signed by District Judge Stephen N. Limbaugh, Jr on 5/6/2013. (JMC)
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Filing
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's Motion for Ex Parte Temporary Restraining Order and Preliminary Injunction (#15) is GRANTED for the reasons stated herein on this day, May 1, 2013, at 4:30 p.m.; IT IS FURTHER ORDERED that defendant is enjoined from selling "All of Lots 23 and 24, Lingo Ranchette No. 2, as shown by plat on file in the office of Recorder of Deeds of Ripley County, Missouri," which is currently set for Trustee's Sale on May 6, 2013, b etween 10:00 a.m. and 2:00 p.m., until such time as a hearing on a preliminary injunction may be heard on this matter by the Court of Federal Claims or this Court. IT IS FURTHER ORDERED that plaintiff's Motion to Expedite Hearing (#16) is GRANTE D; IT IS FURTHER ORDERED that in the event the Court of Federal Claims does not assume jurisdiction over this case, a hearing on preliminary injunction will be set at a later date by this Court.IT IS FINALLY ORDERED plaintiff's Motion for Leave to File Amended Complaint(#17) is held in abeyance pending transfer of this matter to the Court of Federal Claims. Signed by District Judge Stephen N. Limbaugh, Jr on 5/1/2013. (JMC)
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Filing
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MEMORANDUM AND ORDER re: 6 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant United States Department of Agriculture, Rural Development, 12 MOTION to Change Venue filed by Plaintiff Penelope Burris, Plaintiff Phyllis Austin: IT IS HEREBY ORDERED that defendant's motion to dismiss (#6) is DENIED and plaintiffs' motion to transfer (#12) is GRANTED. IT IS FURTHER ORDERED that the Clerk shall transfer this case to the Court of Federal Claims., Terminate Case. Signed by District Judge Stephen N. Limbaugh, Jr on 3/15/2013. (JMC)
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Filing
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MEMORANDUM AND ORDER re: 10 MOTION to Appoint Counsel filed by Plaintiff Penelope Burris, Plaintiff Phyllis Austin motion is DENIED without prejudice. Signed by District Judge Stephen N. Limbaugh, Jr on 12/11/12. (MRS)
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