Jo Ann Howard and Associates, P.C. et al v. Cassity et al

Plaintiff:	Donna J. Garrett
Defendant:	Douglas J. Cassity
Case Number:	4:2009cv01252
Filed:	August 6, 2009
Court:	US District Court for the Eastern District of Missouri
Office:	St. Louis Office
County:	St. Louis - City
Presiding Judge:	E. Richard Webber
Presiding Judge:
Nature of Suit:	Racketeer/Corrupt Organization
Cause of Action:	18 U.S.C. § 1961 Racketeering (RICO) Act
Jury Demanded By:	Both

Date Filed	Document Text
February 21, 2020	Filing 3043 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiffs Amended Bill of Costs (ECF No. 2989 ) is GRANTED in part and DENIED in part. The Clerk of the Court shall tax costs against Defendants in the amount of $139,164.73. IT IS FURTHER ORDE RED that Plaintiffs Amended Motion for Award of Attorneys Fees (ECF No. 2991 ]) is GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that Plaintiffs shall recover from Defendants the reasonable attorneys fees in the amount of $7,005,337 . IT IS FURTHER ORDERED that Plaintiffs original Motion for Award of Attorneys Fees (ECF No. 2965 ) is DENIED as MOOT. IT IS FURTHER ORDERED that Defendants Motion to Strike Plaintiffs Motion for Attorneys Fees or in the Alternative, to Expand Disco very (ECF No. 3001 ) is DENIED as MOOT. IT IS FINALLY ORDERED that Defendants Motion to Strike Portions of Plaintiffs Amended Motion for Award of Attorneys Fees (ECF No. 2996 ) is DENIED as MOOT.. Signed by District Judge E. Richard Webber on 2/21/20. (KJS)
January 9, 2020	Filing 3042 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants PNC Bank, N.A. and National City Bank, N.A.'s Motion to Exclude the Opinions of Rodney Loomer 3013 is DENIED. Signed by District Judge E. Richard Webber on 1/9/2020. (AFC)
November 22, 2019	Filing 3030 MEMORANDUM AND ORDER (See Full Order for Complete Details). Signed by District Judge E. Richard Webber on 11/22/19. (EAB)
July 3, 2019	Filing 2953 FINDINGS OF FACT AND CONCLUSIONS OF LAW. IT IS HEREBY ORDERED, ADJUDGED and DECREED that judgment shall be issued on behalf of Plaintiffs, against Defendants National City Bank, N.A. and PNC Bank, N.A., in the amount of $72,287,615.00 in damage s to the Trusts, $14,847,678.07 in prejudgment interest, and $15,000,000.00 in punitive damages, for a total of $105,135,293.07. IT IS FURTHER ORDERED that Plaintiffs Motion for Judgment Against PNC Bank on Allegiant's Breaches of Trust and PNC's Investment Advisor Defense 2526 is DENIED, as moot. IT IS FURTHER ORDERED that Defendants' Motion for Judgment on Partial Findings Under Federal Rule of Civil Procedure 52(c) is DENIED. IT IS FURTHER ORDERED that Plai ntiffs' Motion for Rule 52(c) Judgment Against PNC Bank on PNC's Affirmative Defenses is DENIED. An appropriate judgment will accompany these Findings of Fact and Conclusions of Law. Signed by District Judge E. Richard Webber on 7/3/2019. (CBL) (Main Document 2953 replaced on 7/3/2019) (MCB).
November 21, 2018	Filing 2792 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendants PNC Bank, N.A. and National City Bank, N.A.'s Motion to Exclude Legal Opinions of Plaintiffs' Experts Steve Browne and Edgar Coster 2698 is GRANTED, in part, and DENIED, in pa rt. IT IS FURTHER ORDERED that Defendants' Motion to Exclude Opinions of Plaintiffs' Expert Anjan Thakor 2700 is GRANTED. IT IS FURTHER ORDERED that Defendants' Motion to Exclude Opinions of Plaintiffs' Expert William Purce ll 2702 , 2712 is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that Defendants' Motion to Exclude Opinions of Plaintiffs' Expert Witness Steve Browne 2704 is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that Defendants' Motion to Exclude Opinions of Plaintiffs' Expert Witness Andrew Dalton 2706 is DENIED. IT IS FURTHER ORDERED that Plaintiffs' Motion to Exclude Expert Testimony of Daniel M. FitzPatrick 2708 is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that Plaintiffs' Motion to Exclude Expert Testimony of Richard Lee 2710 is GRANTED, in part, and DENIED, in part. Signed by District Judge E. Richard Webber on November 21, 2018. (MCB)
November 20, 2018	Filing 2789 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiffs' Motion for Summary Judgment as to PNC's Investment Advisor Defense 2663 is GRANTED, in part, and ENIED, in part. IT IS FURTHER ORDERED that Defendants PNC Bank, N.A. and Nati onal City Bank's Motion for Partial Summary Judgment on Prejudgment Interest 2665 is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that Plaintiffs' Motion for Partial Summary Judgment on Recovery under Section 205(b) [26 70] is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that DefendantsMotion for Partial Summary Judgment on Plaintiffs' Claim for Damages under Restatement (Second) of Trusts § 205(b) 2672 is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that Defendants' Motion for Partial Summary Judgment on Plaintiffs' Claim for Damages Beyond Actual Benefits Paid, or to be Paid, by the State Guaranty Associations 2677 is DENIED. Signed by District Judge E. Richard Webber on November 20, 2018. (MCB)
August 23, 2018	Filing 2632 MEMORANDUM AND ORDER. This matter comes before the Court on the Court's in camera review of Non-Party BMO Harris Bank, N.A.'s Documents 4-7, 15, 19, and 21-23, as listed in their privilege log. The Court makes the following rulings. (See Full Order.) BMO Harris shall produce these documents to Plaintiff within five business days of this order. Signed by District Judge E. Richard Webber on 8/23/2018. (CBL)
August 14, 2018	Filing 2631 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Non-Party BMO Harris Bank, N.A.'s Motion to Quash Plaintiffs' Subpoena to Testify at a Deposition in a Civil Action or Produce Documents in Lieu of Deposition 2617 is GRANTED, in part, and DENIED, in part. Signed by District Judge E. Richard Webber on 8/14/18. (KXS)
June 13, 2018	Filing 2601 MEMORANDUM AND ORDER. The Court held a telephone conference on June 12, 2018, to address several discovery issues that have arisen between the parties. The Court makes the following orders. (See Full Order for Details and Deadlines.) Signed by District Judge E. Richard Webber on 6/13/2018. (CBL)
June 8, 2018	Filing 2599 MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that Plaintiffs' Motion for Protective Order 2556 is DENIED. IT IS FURTHER ORDERED that Defendants PNC Bank, N.A. and National City Bank, N.A.'s Motion for Protective Order [ 2566]is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that Defendants PNC Bank, N.A. and National City Bank, N.A.'s Motion for Protective Order as to Plaintiffs' Second Post-Remand Set of Discovery Requests 2580 is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that Plaintiff SDR's Motion to Compel Production of Documents 2582 is GRANTED, in part, and DENIED, in part. Signed by District Judge E. Richard Webber on 6/8/2018. (CBL)
November 20, 2015	Filing 2509 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiffs' First Amended Bill of Costs [ECF No. 2398] is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that Defendant PNC Bank must pay $499,723.20 to Plaintiffs pursuant to Rule 54(d) of the Federal Rules of Civil Procedure. Signed by District Judge E. Richard Webber on November 20, 2015. (MCB)
August 12, 2015	Filing 2454 MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that Plaintiffs' Motion to Compel PNC Bank to Produce Insurance Policies and Related Communications [ECF No. 2417 ] is DENIED, in part. Signed by District Judge E. Richard Webber on 8/12/15. (EAB)
July 22, 2015	Filing 2448 MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that PNC Bank shall provide the Court all communications with its insurers regarding policies which may cover Plaintiffs' claims within ten days of this order. These communications are not to be discl osed to any other party unless by further order of the Court. IT IS FURTHER ORDERED that Plaintiffs shall submit to the Court the specific amount of attorneys fees they are requesting within ten days of this order. Signed by District Judge E. Richard Webber on 7/22/2015. (CBL)
July 21, 2015	Filing 2447 MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that PNC Bank's Motion to Stay Judgment [ECF No. 2415 ] is GRANTED. Signed by District Judge E. Richard Webber on 7/21/15. (EAB)
March 23, 2015	Filing 2372 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that PNC Bank's Motion to Compel Production of Plaintiffs' Settlement Agreement with U.S. Bank on an Expedited Basis 2361 is GRANTED. Signed by District Judge E. Richard Webber on March 23, 2015. (MCB)
February 13, 2015	Filing 2254 MEMORANDUM AND ORDER - Accordingly, IT IS HEREBY ORDERED that PNC Bank's Motion for Reconsideration of Rulings on Deposition Designation Objections 2248 is GRANTED, in part and DENIED, in part. Signed by District Judge E. Richard Webber on February 13, 2015. (MCB) (Main Document 2254 replaced on 2/13/2015) (MCB).
January 30, 2015	Filing 2224 MEMORANDUM AND ORDER. Plaintiffs' counsel requested clarification of the Court's prior ruling on Plaintiffs' Motion in Limine regarding evidence or argument relating to the fault of non-parties. In the prior ruling, the Court held evi dence of the fault of non-parties is admissible for the purpose of asserting Defendants did not proximately cause Plaintiffs' injuries. After reviewing the authorities raised by the parties, the Court stands on its prior ruling. Defendants are permitted to introduce evidence and argue the fault of non-parties for the purposes of disputing proximate cause. (See Full Order.) Signed by District Judge E. Richard Webber on 01/30/2015. (CBL)
January 29, 2015	Filing 2215 MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that the Missouri Trustees' Motion in Limine to Exclude Expert Opinions of Robert Hipskind [ECF No. 2158 ] is DENIED. IT IS FURTHER ORDERED that the Missouri Trustees' Motion in Limine to Excl ude Evidence of or Reference to Their Internal Policies, Procedures, Guidelines, Manuals and Related Documents [ECF No. 2159 ] is DENIED. IT IS FURTHER ORDERED that the Missouri Trustees' Motion in Limine to Exclude Expert Opinions of Janice Sa ckley [ECF No. 2160 ] is GRANTED in part, and DENIED, in part. IT IS FURTHER ORDERED that the Missouri Trustees' Motion in Limine to Exclude Evidence of or Reference to FBI Form 302 Reports [ECF No. 2163 ] is GRANTED in part, and DENIED, in p art. IT IS FURTHER ORDERED that the Missouri Trustees' Motion in Limine to Exclude the Testimony of Pre-Need Contract Consumers, Funeral Home Owners, and NPS Marketing and Training Materials [ECF No. 2164 ] is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that National City's Motion in Limine to Exclude Evidence of Shaun R. Hayes's Post-Allegiant Conduct [ECF No. 2166 ] is GRANTED. IT IS FURTHER ORDERED that the Missouri Trustees' Motion in Limine to Prec lude Testimony and Argument about Statutory Purpose [ECF No. 2167 ] is GRANTED. IT IS FURTHER ORDERED that National City's Motion in Limine to Exclude Evidence Relating to National City Bank's Acquisition-Related Due Diligence [ECF No. [21 69]] is DENIED. IT IS FURTHER ORDERED that the Missouri Trustees' Joint Motions in Limine [ECF No. 2172 ] is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that Plaintiffs' Motions in Limine [ECF No. 2177 ] is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that Plaintiffs' Motion to Exclude Untimely Witnesses Disclosed by Defendant National City Bank [ECF No. 2193 ] is DENIED. (See Full Order.) Signed by District Judge E. Richard Webber on 01/29/2015. (CBL)
January 23, 2015	Filing 2197 MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that Plaintiffs' Motion to Dismiss Complaint against Defendants David Wulf and Wulf Bates & Murphy, Inc. with Prejudice [ECF No. 2089 ] is GRANTED. Signed by District Judge E. Richard Webber on 01/23/2015. (CBL)
January 14, 2015	Filing 2137 MEMORANDUM AND ORDER. IT IS HEREBY ORDERED "Plaintiffs' Submission of Proposed Supplemental Interrogatories, or in the Alternative Motion for Contemporaneous Transmission of Trial Testimony, or in the Alternative Motion for the Issuance of a Writ of Habeas Corpus Ad Testificandum" [ECF No. 2087 ] is GRANTED, in part, and DENIED, in part. (See Full Order) Signed by District Judge E. Richard Webber on 01/14/2015. (CBL)
January 13, 2015	Filing 2135 MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that "Defendant U.S. Bank, National Association's Separate Motion for Summary Judgment" [ECF No. 1774 ] is DENIED. (See Full Order.) Signed by District Judge E. Richard Webber on 01/13/2015. (CBL)
January 12, 2015	Filing 2094 MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that Jane Carriker's Motion to Quash Subpoena [ECF No. 2090 ] is DENIED. (See Full Order) Signed by District Judge E. Richard Webber on 01/12/2015. (CBL)
January 6, 2015	Filing 2075 MEMORANDUM AND ORDER. This matter comes before the court upon "Plaintiffs' Motion for Leave to Conduct Trial Preservation Deposition of Brent Cassity" [ECF No. 2058 ]. A second deposition of Brent Cassity will not be allowed. As a n alternative, the Court will consider allowing a limited interrogatory of Brent Cassity. Plaintiffs shall submit six proposed interrogatories by 5:00 P.M., Friday, January 9, 2015. Defendants will submit proposed counter interrogatories by 5:00 P .M., Tuesday, January 13, 2015. Parties shall file the proposed interrogatories as Notices to the Court. The Court will not accept subparts to the interrogatories. The Court will then decide if it will allow these interrogatories. Signed by District Judge E. Richard Webber on 01/06/2015. (CBL)
December 31, 2014	Filing 2068 MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that "Comerica's Motion for Summary Judgment" [ECF No. 1821 ] is DENIED. Signed by District Judge E. Richard Webber on 12/31/2014. (CBL)
December 29, 2014	Filing 2060 MEMORANDUM AND ORDER re: 1746 MOTION for Judgment on the Pleadings or in the Alternative, Motion for Summary Judgment filed by Defendant Herbert Morisse. IT IS HEREBY ORDERED that "Defendant Herbert Morisse's Motion for Judgment on the Pleadings or in the Alternative, Motion for Summary Judgment" 1746 is DENIED. Signed by District Judge E. Richard Webber on December 29, 2014. (MCB)
December 22, 2014	Filing 2052 MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that "Plaintiffs' Motion to Compel 30(b)(6) Testimony from Defendant National City Bank" [ECF No. 1565 ] and "Plaintiffs' Supplemental Motion for Leave to Take Supplemental Fact Depositions Based on National City Banks December 10, 2014, Disclosure" [ECF No. 2012 ] are GRANTED as indicated herein. (see order for details) Signed by District Judge E. Richard Webber on 12/22/2014. (CBL)
December 3, 2014	Filing 1983 MEMORANDUM AND ORDER. This matter comes before the court upon the Court's order granting "Plaintiff SDR's Motion for In Camera Review and to Compel Production of Non-Privileged Documents" [ECF No. 1915 ]. The Court has compl eted its in camera review. (see order for details) IT IS HEREBY ORDERED that National City shall produce the documents determined to be non-privileged to Plaintiffs within seven (7) days from the date of this order. Signed by District Judge E. Richard Webber on 12/03/2014. (CBL)
December 1, 2014	Filing 1972 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiff's Motion to Exclude Expert Testimony [ECF No. 1749]; National City Bank and U.S. Bank's Motion to Strike in Part the Expert Testimony of Edgar M. Coster and Donald J. Fitzgerald [ ECF No. 1755]; National City and U.S. Banks Motion to Strike in Part the Expert Testimony of Jonathan Arnold [ECF No. 1758]; Missouri Trustee Defendants Motion to Exclude Expert Testimony of Robert Lock [ECF No. 1771]; Comerica Bank and Trusts Mot ion to Exclude the Opinions and Testimony of Plaintiffs Expert, Edgar M. Coster as Against It [ECF No. 1824]; Comericas Motion to Exclude the Opinions and Testimony of Plaintiffs Expert Jonathan I. Arnold, as Against It [ECF No. 1830]; and Richar d Markows Motion for Joinder as it pertains to Motions 1771, 1758, 1748, and 1755 [ECF No. 1847] are GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that National City Bank and U.S. Banks Joinder in BMO Harris Banks Motion to Exclude Expert Testimony of Jo Ann Howard [ECF No. 1753] is GRANTED. Signed by District Judge E. Richard Webber on December 1, 2014. (MCB)
November 19, 2014	Filing 1929 MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED, ADJUDGED and DECREED that Plaintiffs' Motion for Leave to Amend Complaint and Remove Certain Defendants and Claims [ECF No. 1663 ] is DENIED. Signed by District Judge E. Richard Webber on 11/19/2014. (CBL)
November 18, 2014	Filing 1926 MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that Comerica Bank and Trust, N.A.'s Motion for Separate Trial [ECF No. 1688 ] is DENIED. Signed by District Judge E. Richard Webber on 11/18/2014. (CBL)
November 14, 2014	Filing 1917 MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that Plaintiff's Motion to Re-Depose Bank of America's Rule 30(b)(6) Witness [ECF No. 1850 ] is DENIED. Signed by District Judge E. Richard Webber on 11/14/2014. (CBL)
October 2, 2014	Filing 1695 MEMORANDUM AND ORDER re: Wittner Documents. The Court has reviewed the proposed Order 1675 -1, and finds its terms, with minor time adjustments, resolve the discovery dispute in a manner best suited to serve the purposes of the rules governing disclosures, within the scope of discovery. Accordingly, the Court hereby orders as indicated herein. (Read order for complete details.) Signed by District Judge E. Richard Webber on 10/02/2014. (CBL)
September 23, 2014	Filing 1680 MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that Defendant Brent Cassity's "Motion to Compel Plaintiffs to Supply Brent Cassity, Defendant Pro Se, All Deposition Transcripts, Exhibits, and Documents Needed to Properly Prepare for Trial" [ECF No. 1670 ] is DENIED. Signed by District Judge E. Richard Webber on 09/23/2014. (CBL)
September 5, 2014	Filing 1661 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendant J. Douglas Cassitys Motion to Modify Order and Make Dismissal of Defendant Cassity with Prejudice and/or to Reinstate Doug Cassity as a Defendant Unless Brent Cassity Is Also Dismissed with P rejudice [ECF No. 1621] is GRANTED in part, and DENIED in part. The Court shall vacate its July 22, 2014 order [ECF No. 1618] granting Plaintiffs Motion for Dismissal without Prejudice of Complaint Against Defendant J. Douglas Cassity. In all other respects, Doug Cassitys Motion shall be denied. IT IS FURTHER ORDERED that Defendant Tyler Cassitys Amended Motion to Set Aside or Vacate the Dismissal of Defendant J. Douglas Cassity; Tyler Cassitys Opposition to J. Douglas Cassitys Motion to Dism iss with Prejudice; and Tyler Cassitys Joinder in Doug Cassitys Request to Vacate Dismissal [ECF No. 1629]; and Defendants Rhonda L. Cassitys and Rhonda L. Cassity, Inc.s Notice of Joinder in Co-Defendant Tyler Cassitys Amended Motion to Set Aside or Vacate the Dismissal of Defendant J. Douglas Cassity and Joinder in Defendant Doug Cassitys Request to Vacate Dismissal [ECF No. 1630] are DENIED, as moot.IT IS FURTHER ORDERED that Brent Cassitys Motion to Dismiss with Prejudice or in the Alternative to Grant Defendant Brent Cassity, Pro Se, Due Process Rights in Order that He Be Able to Defend Himself [ECF No. 1623] is DENIED. Signed by District Judge E. Richard Webber on September 5, 2014. (MCB)
August 29, 2014	Filing 1655 MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that Defendant Brown Smith Wallace, LLC's "Motion for Leave to Schedule the Deposition of the Custodian of Records of the California Board of Accountancy" [ECF No. 1624 ] is DENIED. Signed by District Judge E. Richard Webber on 08/29/2014. (CBL)
August 13, 2014	Filing 1631 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendant Brown Smith Wallace shall reimburse Plaintiffs the amount of $21,712.00, as their fees and costs incurred in bringing their motion to compel, and as the fees and costs incurred in preparing for and taking the second Pevnick deposition. Signed by District Judge E. Richard Webber on August 13, 2014. (MCB)
July 15, 2014	Filing 1614 MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that "National City's Motion for Reconsideration and Clarification" [ECF No. 1569 ] is DENIED. Signed by District Judge E. Richard Webber on 07/15/2014. (CBL)
May 21, 2014	Filing 1563 MEMORANDUM AND ORDER re: 1531 Memorandum and Order - IT IS HEREBY ORDERED that a listed counsel of record for the Wittner Firm shall promptly retrieve the submitted box folders from chambers with proper identification. IT IS FURTHER ORDERED that Wittner Defendants firm shall supply copies of all non-privileged documents to Plaintiffs within seven (7) days of this Order. Signed by District Judge E. Richard Webber on May 21, 2014. (MCB)
May 20, 2014	Filing 1557 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that American Stock Transfer Company will produce its designated Rule 30(b)(6) witness, Herbert Lenner, for deposition at the offices of Reilly Pozner, LLP, 1900 Sixteenth Street, Suite 1700, Denver, Colorado 80202, on June 5, 2014 at 9:00 a.m. MST. Signed by District Judge E. Richard Webber on May 20, 2014. (MCB)
May 9, 2014	Filing 1536 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants Rhonda L. Cassity's and Rhonda L. Cassity, Inc.'s Verified Motion for Protective Order [ECF No. 1512 ] is DENIED. The depositions of Defendants Rhonda L. Cassity and Rhonda L, Cassity, Inc. shall take place as currently noticed. Signed by District Judge E. Richard Webber on May 9, 2014. (BRP)
April 30, 2014	Filing 1522 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants shall produce to the Court for its review, within five (5) days of this Order, all banking statements, credit card statements, and financial statements pertaining to the financial status of and all property ownership interests held by Rhonda L. Cassity and Rhonda L. Cassity, Inc., for the period between July 1, 2011 to present. (Response to Court due by 5/5/2014.) Signed by District Judge E. Richard Webber on April 30, 2014. (BRP)
April 10, 2014	Filing 1501 MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that Defendant J. Douglas Cassitys "Motion to Dismiss without Prejudice or in the Alternative to Sever" [ECF No. 1433 ] is DENIED. IT IS FURTHER ORDERED that Plaintiffs shall submit a Status Report regarding the provision of copies of deposition transcripts to Defendant J. Douglas Cassity. Signed by District Judge E. Richard Webber on 04/10/2014. (CBL)
April 8, 2014	Filing 1496 AMENDED MEMORANDUM AND ORDER. This Memorandum and Order modifies the Court's March 12, 2014 Order 1450 (see order for details) IT IS HEREBY ORDERED that "Plaintiffs' Motion to Enforce Court Order Requiring Payment of Attorney Fees by Forever Defendants" [ECF No. 1173 ] is GRANTED. Forever Defendants shall monetarily compensate Plaintiffs for the fees, in the amount of $7,693.85 as ordered, within twenty (20) days of this Order A certificate of payment shall be filed with this Court no later than April 7, 2014. Signed by District Judge E. Richard Webber on 04/08/2014. (CBL)
April 7, 2014	Filing 1488 MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that J. Douglas Cassity's pro se "Motion to Strike False Statements in Court's March 12th, 2014 Memorandum and Order and to Order Investigation of the Provider of Forg ed and/or Altered Documents to the Court" [ECF No. 1457 ] is GRANTED. IT IS FURTHER ORDERED that the last sentence beginning on page four and continuing on page five of this Court's March 12, 2014 Order [ECF No. 1450 ], "Moreover, du ring this time, Doug Cassity received payments totaling over $3 million dollars for goods sold on eBay, and Brent Cassity and Tyler Cassity were spending tens of thousands of dollars on luxury goods and services [,]" shall be stricken, and shall be replaced with the following sentence: "Moreover, during this time, Brent Cassity and Tyler Cassity were spending tens of thousands of dollars on luxury goods and services." In all other respects, the March 12, 2014 Order shall remain unchanged. Signed by District Judge E. Richard Webber on 04/07/2014. (CBL)
March 27, 2014	Filing 1477 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs Motion for In Camera Review [ECF No. 1439] is HELD IN ABEYANCE, pending receipt of a Status Report provided by Plaintiff. IT IS FURTHER ORDERED that Plaintiffs shall file a Status Report regarding Plaintiffs Motion for In Camera Review, within ten (10) days of this Order. (Response to Court due by 4/7/2014.) Signed by District Judge E. Richard Webber on March 27, 2014. (MCB)
March 13, 2014	Filing 1454 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiffs Motion to Enforce Court Order Requiring Production of Personal Financial Information by Brent Cassity [ECF No. 1336], is DENIED, as moot. Signed by District Judge E. Richard Webber on March 13, 2014. (MCB)
March 12, 2014	Filing 1451 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendant Sharon Nekol Provinces informal request to set aside the Courts February 7, 2014 Order granting Plaintiffs leave to depose her [ECF No. 1435] is DENIED. IT IS FURTHER ORDERED that Defendant Provinces informal request that mail no longer be sent to her at her prison address is DENIED. Signed by District Judge E. Richard Webber on March 12, 2014. (MCB)
February 18, 2014	Filing 1404 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that "Plaintiffs' Unopposed Motion for Order Requiring Personal Presence of Forever Defendants' Officers and Directors and Other Defendants for Questioning at September 11 Hearing 1258 is DENIED, as moot. Signed by District Judge E. Richard Webber on February 18, 2014. (MCB)
January 3, 2014	Filing 1366 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that counsel's Motion and Memorandum to Withdraw as Counsel for Defendants David R. Wulf and Wulf Bates & Murphy, Inc. [ECF No. 1356 ] is GRANTED. Defendants David R. Wulf and Wulf Bates & Murphy, Inc. are hereby notified they have thirty (30) days from entry of this Order to employ successor civil counsel to represent them in this matter. IT IS FURTHER ORDERED that counsel and parties shall confer and advise the Court concerning the scheduling of depositions, in accordance with this Memorandum and Order. Signed by District Judge E. Richard Webber on January 3, 2014. (Mailed to David R. Wulf, 2714 Hillcroft, Dr., Chesterfield, MO 63017) (BRP)
December 20, 2013	Filing 1359 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' request for the sanction of default judgment is HELD IN ABEYANCE. IT IS FURTHER ORDERED that Brent Cassity shall produce to Plaintiffs, within ten (10) days of entry of this Order, a ll personal banking statements, credit card statements, and financial statements pertaining to his financial status for the period between July 1, 2011 to present, as ordered by the Court. This production shall include documents pertaining to any financial interest, separately held, or jointly held with any individual or entity. Failure to produce the documents as ordered likely will result in an order holding Brent Cassity in contempt of court. Signed by District Judge E. Richard Webber on Decemer 20, 2013. (BRP)
November 15, 2013	Filing 1344 MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that Defendant Tyler Cassity's Motion to Supplement and Reconsider Court Order Entered September 18, 2013 Requiring Tyler Cassity to Produce Personal Financial Documents , or in the Alternative to Order Plaintiffs to Produce Certain Affiants for the Purpose of Cross-Examination [ECF No. 1294 ] is DENIED. Defendant J. Tyler Cassity shall, within thirty (30) days of entry of this Order, comply in all respects w ith the Court's directive to produce personal financial documents, as entered in its September 18, 2013 Order. IT IS FURTHER ORDERED that Defendant Tyler Cassity's Motion to Correct Court Order Entered September 23, 2013 [ECF No. 1299 ] is DENIED in part, and GRANTED in part. The Order 1282 shall be modified as discussed herein. Signed by District Judge E. Richard Webber on 11/15/2013. (CBL)
November 13, 2013	Filing 1340 MEMORANDUM AND ORDER. (see order for details) In sum, the Court finds that Defendants have failed to demonstrate that "exceptional circumstances" exist such that relief from this Court's September 18, 2013 Memorandum and Order would be justified under Rule 60(b). IT IS HEREBY ORDERED that Defendant Doug Cassity's "Motion for Reconsideration" [ECF No. 1280 ] is DENIED. IT IS FURTHER ORDERED that Defendant Howard A. Wittner's, Individually and as Trustee of the RBT Trust II, and Defendant Wittner, Spewak & Maylack, PCs "Motion to Reconsider and Request for Clarification of this Court's September 18, 2013 Order" [ECF No. 1284 ] is DENIED. Signed by District Judge E. Richard Webber on 11/13/2013. (CBL)
September 23, 2013	Filing 1282 MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that "Plaintiffs' Motion to Modify or Reconsider Order Granting Motion for Leave to Withdraw as Counsel for Defendants J. Tyler Cassity and Hollywood Forever, Inc." [ECF No. 1221 ], is DENIED. IT IS FURTHER ORDERED that "Tyler Cassity and Hollywood Forever, Inc.'s Response to Court Order and Motion for Reconsideration" [ECF No. 1235 ], is DENIED. IT IS FURTHER ORDERED that "Plaintiffs 9; Opposition to Defendants Tyler Cassity and Hollywood Forever, Inc.'s Response to Court Order and Motion for Reconsideration, and Plaintiffs' Motion to Compel a More Complete Response [ECF No. 1238 ], is DENIED, as moot. IT IS FURTHER OR DERED that "Defendants, Tyler Cassity and Hollywood Forever, Inc.'s Motion to Compel Plaintiffs, SDR, to Produce Documents Requested in Defendants' Amended First Request for Production" [ECF No. 1246 ], is DENIED, as moot. It is further ordered that Defendants Tyler Cassity and Hollywood Forever shall be allowed up to, and until October 1, 2013, to rephrase Defendants' production requests. The Court will consider any future motions to compel after the time for response to the rephrased requests has expired. Signed by District Judge E. Richard Webber on 09/23/2013. (CBL)
September 18, 2013	Filing 1279 MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that the "Motion to Withdraw as Counsel" [ECF No. 1191 ] filed by counsel for Forever Defendants is DENIED. IT IS FURTHER ORDERED that "Plaintiffs' Unopposed Motion for Order Requiring Personal Presence of Forever Defendants' Officers and Directors and Other Defendants for Questioning at September 11 Hearing" [ECF No. 1258] is held in ABEYANCE, due to receipt of most recent information. IT IS FURTHER ORDERED that "Plaintiff's Motion to Enforce Court Order Requiring Payment of Attorney Fees by Forever Defendants" [ECF No. 1173 ] is held in ABEYANCE, subject to examination of documents to be supplied by the Wittner Defendan ts and Forever Defendants' Officers and Directors, who are also named as individual defendants in this matter. IT IS FURTHER ORDERED that any attorney/client privilege that could be asserted concerning all Cassity and Forever Defendants files, documents, computer servers, hard drives, and other electronic devices, from the Forever Oak Hill Cemetery (consisting of approximately 200 boxes of files) and the Bellerive Cemetery (consisting of approximately 60 boxes of files and electronic eq uipment located in a shed) shall be waived. IT IS FURTHER ORDERED that any attorney/client privilege that has been asserted concerning all documents listed in the 47-page privilege log, prepared by Wittner Defendants on behalf of Forever Defendants, and produced to Plaintiffs, shall be waived. Wittner Defendants shall provide revised responses to Plaintiffs' Requests for Production, removing all objections and otherwise complying with the Court's directions in its June 24 Order. IT I S FURTHER ORDERED that Defendants Doug Cassity, Brent Cassity, and J. Tyler Cassity shall produce to Plaintiffs all personal banking statements, credit card statements, and financial statements pertaining to the financial status of said individuals, for the period between July 1, 2011 to present. Signed by District Judge E. Richard Webber on 09/18/2013. (CBL)
July 19, 2013	Filing 1228 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants Tyler Cassity and Hollywood Forever, Inc.'s Motion to Compel Return of Inadvertently Produced Document [ECF No. 1197 ], is DENIED. IT IS FURTHER ORDERED that Plaintiff SDR's Moti on for Discovery Status Update by Defendants Tyler Cassity and Hollywood Forever Regarding Documents Cited in Narrative Timeline and for Other Relief [ECF No. 1217 ] is GRANTED. Defendants shall, within ten (10) days of this Order, provide to Plai ntiffs and this Court a Status Report concerning their larger document collection, giving a date certain as to when productions shall be forthcoming, and specifying the circumstances surrounding the loss or destruction of the documents cited, refe renced, or quoted in the Narrative Timeline. Furthermore, Defendants shall, within thirty (30) days of this Order, produce all documents responsive to Plaintiff SDR'sRequests for Production; and they shall, within forty-five (45) days of this Order, provide Plaintiffs and this Court a privilege log. (Response to Court due by 9/2/2013. Status Report due by 7/29/2013.). Signed by District Judge E. Richard Webber on July 19, 2013. (BRP)
June 24, 2013	Filing 1216 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff SDR's Motion to Compel the Forever Entities' Responses to the SDR's First Set of Requests for Production [ECF No. 1207 ], is GRANTED in part. Within twenty (20) days, Foreve r Entities shall produce all financial records and documents, in accordance with, and as specified in, this Order. IT IS FURTHER ORDERED that the Motion to Withdraw [ECF No. 1191 ] filed by counsel for Forever Defendants, and Plaintiffs' Moti on to Enforce Court Order Requiring Payment of Fees [ECF No. 1173 ] shall be held in abeyance, to be considered by this Court after Forever Defendants produce the documents, as directed above, within twenty (20) days of this Order. Signed by District Judge E. Richard Webber on June 24, 2013. (BRP)
May 2, 2013	Filing 1193 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Trustee Defendants' Motion for Reconsideration [ECF No. 1175 ] is DENIED. Signed by District Judge E. Richard Webber on May 2, 2013. (BRP)
March 5, 2013	Filing 1174 MEMORANDUM AND ORDER re: 1154 MOTION to Dismiss :Claims for Relief 8, 21 and 22 of Plaintiff's 3rd Amended Complaint filed by Defendant Howard A. Wittner motion is DENIED. Signed by District Judge E. Richard Webber on March 5, 2013. (MCB)
February 25, 2013	Filing 1172 MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that Plaintiffs' Motion for Setting of Jury Trial [ECF No. 1156 ] is GRANTED. Parties shall submit a Joint Scheduling Plan to this Court no later than April 1, 2013. In the event a Joint Plan cannot b e agreed to, and submitted by, all parties, one plan will be accepted on behalf of Plaintiffs and one plan will be accepted on behalf of all Defendants, to be considered by the Court. ( Joint Scheduling Plan due by 4/1/2013.) Signed by District Judge E. Richard Webber on 02/25/2013. (CBL)
February 22, 2013	Filing 1171 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Certain Trustee Defendants' Motion to Strike Plaintiffs' Jury Demand [ECF No. 1147 ] is DENIED. Signed by District Judge E. Richard Webber on February 22, 2013. (BRP)
January 8, 2013	Filing 1153 MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that Defendant Herbert Morisse's Motion to Dismiss Count 42 of Plaintiff's Third Amended Complaint [ECF No. 1143 ] is GRANTED. Count 42 of Plaintiffs' Third Amended Complaint is DISMISSED. Signed by District Judge E. Richard Webber on 01/08/2013. (CBL)
September 11, 2012	Filing 1123 MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that the Missouri Trustee Defendants' Motion to Dismiss the Aiding-and-Abetting Counts for Failure to State a Claim [ECF No. 1016 ] is GRANTED. Counts 31, 32, 33, and 34 of Plaintiffs' Third Ame nded Complaint are DISMISSED. IT IS FURTHER ORDERED that Defendant U.S. Bank's Motion to Dismiss Plaintiffs' Third Amended Complaint, or, in the Alternative, for a More Definite Statement [ECF No. 1023 ], is DENIED as moot. IT IS FURTHER ORDERED that Defendant Richard Markow's Motion to Dismiss Counts 36-38 of Plaintiffs' Third Amended Complaint [ECF No. 1082 ] is GRANTED in part, and DENIED in part. Only Count 38 of Plaintiffs' Third Amended Complaint is DISMISSED. Signed by District Judge E. Richard Webber on 09/11/2012. (CBL)
August 14, 2012	Filing 1110 AMENDED MEMORANDUM AND ORDER re: Memorandum and Order 1104 : IT IS HEREBY ORDERED that Forever Defendants' Motion and Memorandum to Withdraw Pleading [ECF No. 1077 ] is GRANTED. Forever Defendants' Motion and Memorandum to Withdraw Cou nterclaims and Dismiss the Third Party Complaint [ECF No. 977 ], is DENIED as moot. IT IS FURTHER ORDERED that Plaintiffs' Motion to Dismiss the Forever Defendants Counterclaims [ECF No. 957 ] is DENIED as moot. IT IS FURTHER ORDERED that Pla intiffs' Motion for Attorneys' Fees [ECF No. 958 ] is GRANTED. Defendants Brentwood Heritage Properties, LLC; Forever Enterprises, Inc.; Forever Illinois, Inc.; Forever Network, Inc.; Legacy International Imports, Inc.; Lincoln Memorial S ervices, Inc.; National Heritage Enterprises, Inc.; National Prearranged Services Agency, Inc; and Texas Forever, Inc., shall pay to Plaintiffs, as costs and attorneys' fees, the amount of $7,693.85. IT IS FURTHER ORDERED that Plaintiffs' Motion for Additional Attorneys' Fees Against Forever Defendants and Their Counsel [ECF No. 1044 ] is DENIED. Signed by District Judge E. Richard Webber on August 14, 2012. (BRP)
August 10, 2012	Filing 1104 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Forever Defendants' Motion and Memorandum to Withdraw Pleading [ECF No. 1077 ] is GRANTED. Forever Defendants' Motion and Memorandum to Withdraw Counterclaims and Dismiss the Third Party C omplaint [ECF No. 977 ], is DENIED as moot. IT IS FURTHER ORDERED that Plaintiffs' Motion to Dismiss the Forever Defendants Counterclaims [ECF No. 957 ] is DENIED as moot. IT IS FURTHER ORDERED that Plaintiffs' Motion for Attorneys 9; Fees [ECF No. 958 ] is GRANTED. The Clerk of the Court shall tax costs and attorneys' fees in favor of Plaintiffs and against Defendants Brentwood Heritage Properties, LLC; Forever Enterprises, Inc.; Forever Illinois, Inc.; Forever Network , Inc.; Legacy International Imports, Inc.; Lincoln Memorial Services, Inc.; National Heritage Enterprises, Inc.; National Prearranged Services Agency, Inc; and Texas Forever, Inc., in the amount of $7,693.85. IT IS FURTHER ORDERED that Plaintiffs' Motion for Additional Attorneys' Fees Against Forever Defendants and Their Counsel [ECF No. 1044 ] is DENIED. Signed by District Judge E. Richard Webber on August 10, 2012. (BRP)
July 30, 2012	Filing 1099 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Wulf Defendants' Motion to Dismiss [ECF No. 930 ] is GRANTED. Count 5 and Count 11 of Plaintiff's Third Amended Complaint [ECF No. 916 ] are dismissed as to Wulf Defendants. Signed by District Judge E. Richard Webber on July 30, 2012. (BRP)
July 6, 2012	Filing 1064 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiffs Motion for Protective Order Regarding Collateral Attack Discovery [ECF No. 925 ] is DENIED. Plaintiffs must produce nonprivileged documents that are responsive to National City Banks Request Nos. 4-11 (SDR) and 7-14 (GAs) within sixty (60) days. Signed by Honorable E. Richard Webber on 7/6/12. (KJS)
May 11, 2012	Filing 923 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant National City Bank's Motion to Compel Responses to its First Sets of Interrogatories and to Modify the Court's July 11, 2011 Order, [ECF No. 863 ], is DENIED. Signed by Honorable E. Richard Webber on May 11, 2012. (BRP)
April 13, 2012	Filing 875 MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that Plaintiff Jo Ann Howard & Associates, P.C.'s Motion to Disqualify Jack Spooner as Counsel for the Wittner Defendants, [ECF No. 842 ], is GRANTED. Spooner is disqualified f rom further representation of the Wittner Defendants in this case. The Clerk's Office shall terminate Spooners entry immediately. Witter Defendants shall employ new counsel within twenty (20) days of this Order. IT IS FURTHER ORDERED that Defend ant Brown Smith Wallace's Motion for a Protective Order, or, in the Alternative, to Amend the July 22, 2011 Consent Protective Order, [ECF No. 821 ] is DENIED. However, the Court invites the parties to confer and develop a mutually agreeable Consent Protective Order to submit for the Court's consideration. Signed by Honorable E. Richard Webber on 04/13/2012. (CBL)
February 13, 2012	Filing 827 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion to Compel the Production of Documents and Electronically Stored Information by Defendants Howard A. Wittner and Wittner, Spewak & Maylack, P.C., ECF No. 812 , is GRANTED, in pa rt. Defendants shall produce the correspondence and emails and the insurance policy with Travelers Insurance Company referenced in their Rule 26(a)(1) initial disclosure statement, and to provide the same to Plaintiffs within ten (10) days. Defendants shall produce these materials in conformity with the parties' existing discovery stipulation. See ECF No. 733. Plaintiffs' Motion in all other respects is DENIED. Signed by Honorable E. Richard Webber on February 13, 2012. (BRP)
January 25, 2012	Filing 823 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion to Modify Order Granting Motion to Withdraw as Counsel for Defendant Brent D. Cassity, ECF No. 817 , is DENIED. Signed by Honorable E. Richard Webber on January 25, 2012. (BRP)
December 16, 2011	Filing 807 MEMORANDUM. As ordered by the Court sua sponte, ECF No. 797 , the Court held a telephone status conference today, December 16, 2011, at 10:00 a.m., concerning the limited discovery that is permitted under the Court's stay of under oath discove ry. In the interest of ensuring that all parties have the opportunity to access and to benefit from todays conference, the Court will distribute the official transcript of today's status conference to each party's counsel of record when the official transcript becomes available. Signed by Honorable E. Richard Webber on 12/16/2011. (CBL)
August 17, 2011	Filing 753 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Forever Defendants' Motion to Withdraw Counterclaims 750 is GRANTED, as set forth above. IT IS FURTHER ORDERED that Plaintiffs Motion to Dismiss Counterclaims of theForever Defendants 680 is DENIED, as moot. Signed by Honorable E. Richard Webber on August 17, 2011. (MCB)
August 3, 2011	Filing 747 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff SDRs Motion to Dismiss Counterclaims of Defendant Hollywood Forever [ECF No. 642 ] is GRANTED. Signed by Honorable E. Richard Webber on 8/3/11. (TRC)
July 28, 2011	Filing 745 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Wulf Defendants' Motion to Dismiss [doc. # 604 ] is GRANTED, in part and DENIED, in part. The Motion is granted as to Plaintiffs' Count 5 and Count 11, and is otherwise denied. Signed by Honorable E. Richard Webber on July 28, 2011. (BRP)
July 18, 2011	Filing 741 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant Howard Wittner's Motion to Dismiss Counts Ten, Twelve and Thirteen of Plaintiffs' Second Amended Complaint [doc. # 614 ] is GRANTED. Signed by Honorable E. Richard Webber on July 18, 2011. (BRP)
July 11, 2011	Filing 738 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Governments Motion to Intervene to Seek a Temporary Stay of Discovery [doc. # 699 ] is GRANTED. IT IS FURTHER ORDERED that the Governments Motion for a Temporary Stay of Discovery [doc. # 700 ] is GRANTED. All under oath discovery shall be stayed in this case until the guilt or innocence of Indicted Defendants is determined in the parallel criminal case, United States v. Sutton, Case No. 4:09CR00509 JCH (E.D. Mo.). IT IS FURTHER ORDERED that T rustee Defendants and Plaintiffs are permitted to exchange fact-based interrogatories, but that they shall not share the contents of those communications with other parties in this litigation or third parties during the pendency of the stay absent co urt approval. IT IS FURTHER ORDERED that Trustee Defendants and Plaintiffs shall submit, for the Courts approval, a consent protective order relating to the confidentiality of the aforementioned discovery by interrogatory, no later than July 22, 2011. ( Response to Court due by 7/22/2011.). Signed by Honorable E. Richard Webber on 7/11/11. (KJS)
June 22, 2011	Filing 730 MEMORANDUM AND ORDER/PROTECTIVE ORDER. IT IS HEREBY ORDERED that Plaintiffs Petition under Federal Rule of Criminal Procedure 6(e) to Obtain Third-Party Documents [doc. #698] is GRANTED. IT IS FURTHER ORDERED that the materials produced by the Unite d States shall not be disclosed to any individuals or entities other than the parties to this case, their respective counsel and employees thereof, consultants retained by counsel to assist in trial preparation, and potential witnesses. See Order for further details. 698 Signed by Honorable E. Richard Webber on 6/22/2011. (CBL)
March 23, 2011	Filing 637 MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that Plaintiffs' Motion for Preliminary Injunction Freezing Assets of Specified Defendants [doc. #405] is DENIED. IT IS FURTHER ORDERED that Brent Cassitys Motion to Strike Unauthenticated Exhibits [doc . #457], Tyler Cassity and Hollywood Forever's Motion to Provide Supplemental Briefing to the Court [doc. #502], BHP, Forever Enterprises, Forever Illinois, Forever Network, Legacy International, LMS, NHE, NPS Agency, and Texas Forever's Mo tion to Join [doc. #504], Brent Cassity's Motion for Leave to Provide Supplemental Briefing [doc. #506], Doug Cassity's Motion to Join [doc. #515], Doug Cassity's Motion to Join [doc. #519], and Rhonda Cassity's Motion to Join [doc. #550] are DENIED, as moot. Signed by Honorable E. Richard Webber on March 23, 2011. (MGK)
February 14, 2011	Filing 599 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Joan M. Swartzs Request for Compensation of Services and Reimbursement for Out-of-Pocket Expenses [doc. #592] is GRANTED. IT IS FURTHER ORDERED that the Clerk of Court shall disburse the sum of $2,524.00 from the Non-Appropriated Fund, payable to: Joan M. Swartz 15455 Conway Rd. Suite 360 Chesterfield, MO 63017. Signed by Honorable E. Richard Webber on 2/14/2011. (KMS)
December 21, 2010	Filing 589 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant Anne Chruns Motion to Dismiss [doc. #120] is DENIED. IT IS FURTHER ORDERED that Defendants David Wulf and Wulf, Bates and Murphys Motion to Make More Definite Plaintiffs Claims for Relief and Motion to Dismiss Plaintiffs Eleventh Claim for Relief [doc. #124] is GRANTED, in part and DENIED, in part. Plaintiffs Count Eleven against these Defendants will be dismissed, and the Motion is otherwise denied. IT IS FURTHER ORDERED that Defendants Brentwood Heritage Properties, LLC, Forever Enterprises, Inc., Forever Illinois, Inc., Forever Network, Inc., Legacy International Imports, Inc., Lincoln Memorial Services, Inc., National Heritage Enterprises, Inc., National Prearranged Services Agen cy, Inc., and Texas Forever, Inc.s Motion to Dismiss, or in the Alternative, Motion for More Definite Statement [doc. #235] is DENIED. IT IS FURTHER ORDERED that Defendants Tyler Cassity and Hollywood Forever, Inc.s Motion to Dismiss Complaint, or, i n the Alternative, for More Definite Statement [doc. #246] is DENIED. IT IS FURTHER ORDERED that Defendants Howard Wittner and Wittner, Spewak & Maylack P.C.s Motion to Dismiss and Motion for a More Definite Statement [doc. #254] is GRANTED, in part and DENIED, in part. Defendants Motion is granted with respect to Plaintiffs Count Ten against Wittner for breach of promissory notes, Plaintiffs Count Twelve against Wittner for violation of the Texas Receivership Act, and Plaintiffs Count Thirteen against Wittner for violation of the Texas Insurance Code, and is otherwise denied. IT IS FURTHER ORDERED that Defendant Brent D. Cassitys Motion to Dismiss and Motion for a More Definite Statement [doc. #254] is DENIED. IT IS FURTHER ORDERED that D efendant James M. Crawfords Motion to Make More Definite and Certain and Motion to Join Co-Defendants Motions and Memoranda [doc. #273] is DENIED.IT IS FURTHER ORDERED that Defendant Roxanne J. Schnieders n/k/a Roxanne J. Sargents Motion to Dismiss, or in the Alternative, Motion for More Definite Statement [doc. #281] is DENIED. IT IS FURTHER ORDERED that Defendant J. Douglas Cassitys Motion to Dismiss, Motion to Make More Definite and Certain, and Motion to Join Co-Defendants Motions and Memora nda [doc. #287] is DENIED. IT IS FURTHER ORDERED that Defendants Rhonda Cassity and Rhonda L. Cassity, Inc. a/k/a Wellstream, Inc.s Motion to Dismiss, or in the Alternative, Motion for More Definite Statement and Motion to Join Co-Defendants Motions and Memoranda [doc. #289] is DENIED. IT IS FURTHER ORDERED that Defendant Nekol Provinces Motion to Dismiss Complaint, or, in the Alternative, for More Definite Statement [doc. #296] is DENIED. IT IS FURTHER ORDERED that Defendant Randall K. Suttons Motion to Dismiss Plaintiffs Complaint [doc. #299] is DENIED. IT IS FURTHER ORDERED that Defendant Larry Keith Hales Motion to Dismiss, or in the Alternative, Motion for More Definite Statement [doc. #365] is DENIED. IT IS FURTHER ORDERED that Defend ant Marianne Joness Motion for More Definite Statement [doc. #382] is DENIED. IT IS FURTHER ORDERED that Plaintiffs shall file a Second Amended Complaint no later than January 28th, 2011, clarifying which Plaintiffs are asserting which pleaded claims, and with respect to those claims brought by Plaintiff Donna J. Garrett as Special Deputy Receiver, on whose behalf she is asserting those claims. Signed by Honorable E. Richard Webber on 12/21/2010. (KMS)
September 30, 2010	Filing 569 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendant J. Douglas Cassity's Motion to Strike [doc. #286] is DENIED. IT IS FURTHER ORDERED that Defendant J. Douglas Cassity's Motion for Protective Order [doc. #335] is DENIED.IT IS FURTHER ORDERED that Plaintiffs' Motion to Strike Affirmative Defenses ofDefendant Katherine P. Scannell [doc. #316] is DENIED. IT IS FURTHER ORDERED that Plaintiffs Motion to Strike Affirmative Defenses of Defendants Lennie J. Cappleman, Tony B. Lumpkin, III, Randall J. Singer, and George Wise, III[doc. #268] is GRANTED. Signed by Honorable E. Richard Webber on September 30, 2010. (MCB)
June 17, 2010	Filing 449 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendant National City Bank N.A.'s Motion to Dismiss [doc. #166], Defendant Bremen Bank and Trust Company's Motion to Dismiss [doc. #168], Defendant Southwest Bank, an M&I Bank's Motion t o Dismiss [doc. #170], Defendant Marshall and Ilsley Trust Company, N.A.'s Motion to Dismiss [doc. #172], Defendant Bank ofAmerica, N.A.'s Motion to Dismiss [doc. #191], Defendant U.S. Bank, N.A.'s Motion to Dismiss [doc. #195], Defend ant Comerica Bank & Trust, N.A.'s Motion to Dismiss [doc. #197], and Defendant American Stock Transfer and Trust Company, LLC's Motion to Dismiss [doc. #384] are GRANTED, in part and DENIED, in part. These Motions are granted to the extent they request more definite statements from Plaintiffs as to which Plaintiffs are asserting claims againstwhich of the Trustee Defendants, and are otherwise denied. Plaintiffs shall file an amended Complaint containing such information no later than July 12, 2010. Signed by Honorable E. Richard Webber on June 17, 2010. (MCB)
June 9, 2010	Filing 446 ORDER. IT IS HEREBY ORDERED that the Verified Motion of Counsel to Withdraw [doc. #443], and the Joint Motion for Extension of Time in Which to File Memorandum in Opposition [doc. #442], are DENIED. The Court will revisit this issue upon the renewe d filing of a motion to withdraw, following resolution of the pending Motion for Preliminary Injunction Freezing Assets of Specified Defendants [doc. #405]. IT IS FURTHER ORDERED that the Joint Consent Motion of Defendants for a Second Extension of Time in Which to File Memoranda in Opposition [doc. #445] is GRANTED. All responses in opposition to Plaintiffs'Motion for Preliminary Injunction Freezing Assets of Specified Defendants [doc. #405] shall be filed no later than June 21, 2010. T his extension of the deadline applies to any and all parties who might wish to file responses in opposition to Plaintiffs' Motion, and not only to those parties bringing the present Motion for a Second Extension. Signed by Honorable E. Richard Webber on 6/9/2010. (RJD)
February 22, 2010	Filing 376 ORDER. IT IS HEREBY ORDERED that Motion for Extension of Time [doc.#373] is GRANTED. Any Reply by Defendant J. Douglas Cassity to thepending Motion for Protective Order [doc. #335] shall be filed nolater than February 26, 2010. Signed by Honorable E. Richard Webber on 2/22/2010. (RJD)
February 1, 2010	Filing 353 ORDER. IT IS HEREBY ORDERED that Motion for Extension of Time [doc.#352] is GRANTED. Plaintiffs' Response to Motion for ProtectiveOrder [doc. #335] filed by Defendant J. Douglas Cassity shall be filed no later than February 11, 2010. Signed by Honorable E. Richard Webber on 2/1/2010. (RJD)
December 7, 2009	Filing 267 ORDER. IT IS HEREBY ORDERED that Motion for Extension of Time [doc.#265] is GRANTED. Defendant Wise, Mitchell & Associates, LTD,shall Answer or otherwise respond to Plaintiffs' Complaint no laterthan December 18, 2009. Signed by Honorable E. Richard Webber on 12/7/09. (RJD)
December 4, 2009	Filing 264 ORDER. IT IS HEREBY ORDERED that Second Motion for Extension of Time[doc. #262] is GRANTED. Defendant Comerica Bank & Trust, N.A.'sReply relating to their pending Motion to Dismiss [doc. #197] shallbe filed no later than December 22, 2009. Signed by Honorable E. Richard Webber on 12/4/09. (RJD)
November 19, 2009	Filing 218 ORDER. IT IS HEREBY ORDERED that Gary L. Vincent of Husch, Blackwell, Sanders, LLP, 190 Carondelet Plaza, Suite 600, St. Louis, MO, 63105, phone 314-480-1500, fax 314-480-1505, is appointed to represent Defendant Erin Province Engle in this matter. The Clerk of the Court shall provide Defendant Engle's newly-appointed counsel with a copy of any requested documents from the Court file at no cost. IT IS FURTHER ORDERED that Defendant Engle shall Answer or otherwise respond to Plaintiffs' Complaint no later than December 31, 2009. Attorney Gary L. Vincent for Erin Province added. Signed by Honorable E. Richard Webber on 11/19/09. (RJD)
November 17, 2009	Filing 210 ORDER. IT IS HEREBY ORDERED that Second Motion for Extension of Timeto File Answer [doc. #202] is GRANTED. Defendant Randall K. Suttonshall Answer or otherwise respond to Plaintiffs' Complaint no laterthan December 18, 2009. Signed by Honorable E. Richard Webber on 11/17/09. (RJD)
November 16, 2009	Filing 201 ORDER. IT IS HEREBY ORDERED that Second Motion for Extension of Timeto File Answer by [doc. #198] is GRANTED. Defendant Howard A.Wittner, individually and as Trustee of the RBT Trust II andDefendant Wittner, Spewak & Maylack, P.C., f/k/a Wittner, P oger,Spewak, Maylack & Spooner, P.C. shall Answer or otherwise respondto Plaintiff's Complaint no later than November 30, 2009. IT IS FURTHER ORDERED that Motion for Extension of Time [doc. #199] is GRANTED. Defendants Brentwood Heritage Prope rties, LLC,; Forever Enterprises, Inc.; Forever Illinois, Inc.; Forever Network, Inc.; Legacy International Imports, Inc.; Lincoln Memorial Services, Inc.; National Heritage Enterprises, Inc.; NationalPrearranged Services Agency, Inc.; and Texas Forever, Inc.; shall Answer or otherwise respond to Plaintiffs' Complaint no later than November 23, 2009. Signed by Honorable E. Richard Webber on 11/16/09. (RJD)
November 2, 2009	Filing 163 ORDER granting 53 Motion to Appoint Counsel. The Court has reviewed the pleadings in this matter and is of the opinion that appointment of counsel would best serve the interest of justice. Accordingly, IT IS HEREBY ORDERED that Mark E. Goodman, C apes and Sokol, 7701 Forsyth Blvd., 12th Floor, St. Louis, MO 63105, phone 314-721-7701, fax 314-721-0554, is appointed to represent Defendant Erin Province Engel in this matter. The Clerk of Court shall provide Defendant Engel's newly-appointe d counsel with a copy of any requested documents from the Court file at no cost. IT IS FURTHER ORDERED that defendant Engel shall answer or otherwise respond to Plaintiffs' Complaint no later than December 18, 2009. Signed by Honorable E. Richard Webber on November 2, 2009. (cc: Erin Province, 129 Asilomar Court, Ballwin, MO 63105) (MCB)
October 13, 2009	Filing 109 ORDER IT IS HEREBY ORDERED that Plaintiffs should proceed with personal service under Rule 4 on those Defendants who have failed to sign Requests for Waiver of Service. IT IS FURTHER ORDERED that Defendant Erin Province's Motion to Appoint Counsel is HELD IN ABEYANCE. Defendant Province shall submit an affidavit to the Court detailing her assets and liabilities no later than October 23, 2009. Signed by Honorable E. Richard Webber on October 13, 2009. (MCB)

February 21, 2020

Filing 3043 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiffs Amended Bill of Costs (ECF No. 2989 ) is GRANTED in part and DENIED in part. The Clerk of the Court shall tax costs against Defendants in the amount of $139,164.73. IT IS FURTHER ORDE RED that Plaintiffs Amended Motion for Award of Attorneys Fees (ECF No. 2991 ]) is GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that Plaintiffs shall recover from Defendants the reasonable attorneys fees in the amount of $7,005,337 . IT IS FURTHER ORDERED that Plaintiffs original Motion for Award of Attorneys Fees (ECF No. 2965 ) is DENIED as MOOT. IT IS FURTHER ORDERED that Defendants Motion to Strike Plaintiffs Motion for Attorneys Fees or in the Alternative, to Expand Disco very (ECF No. 3001 ) is DENIED as MOOT. IT IS FINALLY ORDERED that Defendants Motion to Strike Portions of Plaintiffs Amended Motion for Award of Attorneys Fees (ECF No. 2996 ) is DENIED as MOOT.. Signed by District Judge E. Richard Webber on 2/21/20. (KJS)

January 9, 2020

Filing 3042 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants PNC Bank, N.A. and National City Bank, N.A.'s Motion to Exclude the Opinions of Rodney Loomer 3013 is DENIED. Signed by District Judge E. Richard Webber on 1/9/2020. (AFC)

November 22, 2019

Filing 3030 MEMORANDUM AND ORDER (See Full Order for Complete Details). Signed by District Judge E. Richard Webber on 11/22/19. (EAB)

July 3, 2019

Filing 2953 FINDINGS OF FACT AND CONCLUSIONS OF LAW. IT IS HEREBY ORDERED, ADJUDGED and DECREED that judgment shall be issued on behalf of Plaintiffs, against Defendants National City Bank, N.A. and PNC Bank, N.A., in the amount of $72,287,615.00 in damage s to the Trusts, $14,847,678.07 in prejudgment interest, and $15,000,000.00 in punitive damages, for a total of $105,135,293.07. IT IS FURTHER ORDERED that Plaintiffs Motion for Judgment Against PNC Bank on Allegiant's Breaches of Trust and PNC's Investment Advisor Defense 2526 is DENIED, as moot. IT IS FURTHER ORDERED that Defendants' Motion for Judgment on Partial Findings Under Federal Rule of Civil Procedure 52(c) is DENIED. IT IS FURTHER ORDERED that Plai ntiffs' Motion for Rule 52(c) Judgment Against PNC Bank on PNC's Affirmative Defenses is DENIED. An appropriate judgment will accompany these Findings of Fact and Conclusions of Law. Signed by District Judge E. Richard Webber on 7/3/2019. (CBL) (Main Document 2953 replaced on 7/3/2019) (MCB).

November 21, 2018

Filing 2792 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendants PNC Bank, N.A. and National City Bank, N.A.'s Motion to Exclude Legal Opinions of Plaintiffs' Experts Steve Browne and Edgar Coster 2698 is GRANTED, in part, and DENIED, in pa rt. IT IS FURTHER ORDERED that Defendants' Motion to Exclude Opinions of Plaintiffs' Expert Anjan Thakor 2700 is GRANTED. IT IS FURTHER ORDERED that Defendants' Motion to Exclude Opinions of Plaintiffs' Expert William Purce ll 2702 , 2712 is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that Defendants' Motion to Exclude Opinions of Plaintiffs' Expert Witness Steve Browne 2704 is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that Defendants' Motion to Exclude Opinions of Plaintiffs' Expert Witness Andrew Dalton 2706 is DENIED. IT IS FURTHER ORDERED that Plaintiffs' Motion to Exclude Expert Testimony of Daniel M. FitzPatrick 2708 is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that Plaintiffs' Motion to Exclude Expert Testimony of Richard Lee 2710 is GRANTED, in part, and DENIED, in part. Signed by District Judge E. Richard Webber on November 21, 2018. (MCB)

November 20, 2018

Filing 2789 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiffs' Motion for Summary Judgment as to PNC's Investment Advisor Defense 2663 is GRANTED, in part, and ENIED, in part. IT IS FURTHER ORDERED that Defendants PNC Bank, N.A. and Nati onal City Bank's Motion for Partial Summary Judgment on Prejudgment Interest 2665 is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that Plaintiffs' Motion for Partial Summary Judgment on Recovery under Section 205(b) [26 70] is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that DefendantsMotion for Partial Summary Judgment on Plaintiffs' Claim for Damages under Restatement (Second) of Trusts § 205(b) 2672 is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that Defendants' Motion for Partial Summary Judgment on Plaintiffs' Claim for Damages Beyond Actual Benefits Paid, or to be Paid, by the State Guaranty Associations 2677 is DENIED. Signed by District Judge E. Richard Webber on November 20, 2018. (MCB)

August 23, 2018

Filing 2632 MEMORANDUM AND ORDER. This matter comes before the Court on the Court's in camera review of Non-Party BMO Harris Bank, N.A.'s Documents 4-7, 15, 19, and 21-23, as listed in their privilege log. The Court makes the following rulings. (See Full Order.) BMO Harris shall produce these documents to Plaintiff within five business days of this order. Signed by District Judge E. Richard Webber on 8/23/2018. (CBL)

August 14, 2018

Filing 2631 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Non-Party BMO Harris Bank, N.A.'s Motion to Quash Plaintiffs' Subpoena to Testify at a Deposition in a Civil Action or Produce Documents in Lieu of Deposition 2617 is GRANTED, in part, and DENIED, in part. Signed by District Judge E. Richard Webber on 8/14/18. (KXS)

June 13, 2018

Filing 2601 MEMORANDUM AND ORDER. The Court held a telephone conference on June 12, 2018, to address several discovery issues that have arisen between the parties. The Court makes the following orders. (See Full Order for Details and Deadlines.) Signed by District Judge E. Richard Webber on 6/13/2018. (CBL)

June 8, 2018

Filing 2599 MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that Plaintiffs' Motion for Protective Order 2556 is DENIED. IT IS FURTHER ORDERED that Defendants PNC Bank, N.A. and National City Bank, N.A.'s Motion for Protective Order [ 2566]is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that Defendants PNC Bank, N.A. and National City Bank, N.A.'s Motion for Protective Order as to Plaintiffs' Second Post-Remand Set of Discovery Requests 2580 is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that Plaintiff SDR's Motion to Compel Production of Documents 2582 is GRANTED, in part, and DENIED, in part. Signed by District Judge E. Richard Webber on 6/8/2018. (CBL)

November 20, 2015

Filing 2509 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiffs' First Amended Bill of Costs [ECF No. 2398] is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that Defendant PNC Bank must pay $499,723.20 to Plaintiffs pursuant to Rule 54(d) of the Federal Rules of Civil Procedure. Signed by District Judge E. Richard Webber on November 20, 2015. (MCB)

August 12, 2015

Filing 2454 MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that Plaintiffs' Motion to Compel PNC Bank to Produce Insurance Policies and Related Communications [ECF No. 2417 ] is DENIED, in part. Signed by District Judge E. Richard Webber on 8/12/15. (EAB)

July 22, 2015

Filing 2448 MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that PNC Bank shall provide the Court all communications with its insurers regarding policies which may cover Plaintiffs' claims within ten days of this order. These communications are not to be discl osed to any other party unless by further order of the Court. IT IS FURTHER ORDERED that Plaintiffs shall submit to the Court the specific amount of attorneys fees they are requesting within ten days of this order. Signed by District Judge E. Richard Webber on 7/22/2015. (CBL)

July 21, 2015

Filing 2447 MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that PNC Bank's Motion to Stay Judgment [ECF No. 2415 ] is GRANTED. Signed by District Judge E. Richard Webber on 7/21/15. (EAB)

March 23, 2015

Filing 2372 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that PNC Bank's Motion to Compel Production of Plaintiffs' Settlement Agreement with U.S. Bank on an Expedited Basis 2361 is GRANTED. Signed by District Judge E. Richard Webber on March 23, 2015. (MCB)

February 13, 2015

Filing 2254 MEMORANDUM AND ORDER - Accordingly, IT IS HEREBY ORDERED that PNC Bank's Motion for Reconsideration of Rulings on Deposition Designation Objections 2248 is GRANTED, in part and DENIED, in part. Signed by District Judge E. Richard Webber on February 13, 2015. (MCB) (Main Document 2254 replaced on 2/13/2015) (MCB).

January 30, 2015

Filing 2224 MEMORANDUM AND ORDER. Plaintiffs' counsel requested clarification of the Court's prior ruling on Plaintiffs' Motion in Limine regarding evidence or argument relating to the fault of non-parties. In the prior ruling, the Court held evi dence of the fault of non-parties is admissible for the purpose of asserting Defendants did not proximately cause Plaintiffs' injuries. After reviewing the authorities raised by the parties, the Court stands on its prior ruling. Defendants are permitted to introduce evidence and argue the fault of non-parties for the purposes of disputing proximate cause. (See Full Order.) Signed by District Judge E. Richard Webber on 01/30/2015. (CBL)

January 29, 2015

Filing 2215 MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that the Missouri Trustees' Motion in Limine to Exclude Expert Opinions of Robert Hipskind [ECF No. 2158 ] is DENIED. IT IS FURTHER ORDERED that the Missouri Trustees' Motion in Limine to Excl ude Evidence of or Reference to Their Internal Policies, Procedures, Guidelines, Manuals and Related Documents [ECF No. 2159 ] is DENIED. IT IS FURTHER ORDERED that the Missouri Trustees' Motion in Limine to Exclude Expert Opinions of Janice Sa ckley [ECF No. 2160 ] is GRANTED in part, and DENIED, in part. IT IS FURTHER ORDERED that the Missouri Trustees' Motion in Limine to Exclude Evidence of or Reference to FBI Form 302 Reports [ECF No. 2163 ] is GRANTED in part, and DENIED, in p art. IT IS FURTHER ORDERED that the Missouri Trustees' Motion in Limine to Exclude the Testimony of Pre-Need Contract Consumers, Funeral Home Owners, and NPS Marketing and Training Materials [ECF No. 2164 ] is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that National City's Motion in Limine to Exclude Evidence of Shaun R. Hayes's Post-Allegiant Conduct [ECF No. 2166 ] is GRANTED. IT IS FURTHER ORDERED that the Missouri Trustees' Motion in Limine to Prec lude Testimony and Argument about Statutory Purpose [ECF No. 2167 ] is GRANTED. IT IS FURTHER ORDERED that National City's Motion in Limine to Exclude Evidence Relating to National City Bank's Acquisition-Related Due Diligence [ECF No. [21 69]] is DENIED. IT IS FURTHER ORDERED that the Missouri Trustees' Joint Motions in Limine [ECF No. 2172 ] is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that Plaintiffs' Motions in Limine [ECF No. 2177 ] is GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that Plaintiffs' Motion to Exclude Untimely Witnesses Disclosed by Defendant National City Bank [ECF No. 2193 ] is DENIED. (See Full Order.) Signed by District Judge E. Richard Webber on 01/29/2015. (CBL)

January 23, 2015

Filing 2197 MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that Plaintiffs' Motion to Dismiss Complaint against Defendants David Wulf and Wulf Bates & Murphy, Inc. with Prejudice [ECF No. 2089 ] is GRANTED. Signed by District Judge E. Richard Webber on 01/23/2015. (CBL)

January 14, 2015

Filing 2137 MEMORANDUM AND ORDER. IT IS HEREBY ORDERED "Plaintiffs' Submission of Proposed Supplemental Interrogatories, or in the Alternative Motion for Contemporaneous Transmission of Trial Testimony, or in the Alternative Motion for the Issuance of a Writ of Habeas Corpus Ad Testificandum" [ECF No. 2087 ] is GRANTED, in part, and DENIED, in part. (See Full Order) Signed by District Judge E. Richard Webber on 01/14/2015. (CBL)

January 13, 2015

Filing 2135 MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that "Defendant U.S. Bank, National Association's Separate Motion for Summary Judgment" [ECF No. 1774 ] is DENIED. (See Full Order.) Signed by District Judge E. Richard Webber on 01/13/2015. (CBL)

January 12, 2015

Filing 2094 MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that Jane Carriker's Motion to Quash Subpoena [ECF No. 2090 ] is DENIED. (See Full Order) Signed by District Judge E. Richard Webber on 01/12/2015. (CBL)

January 6, 2015

Filing 2075 MEMORANDUM AND ORDER. This matter comes before the court upon "Plaintiffs' Motion for Leave to Conduct Trial Preservation Deposition of Brent Cassity" [ECF No. 2058 ]. A second deposition of Brent Cassity will not be allowed. As a n alternative, the Court will consider allowing a limited interrogatory of Brent Cassity. Plaintiffs shall submit six proposed interrogatories by 5:00 P.M., Friday, January 9, 2015. Defendants will submit proposed counter interrogatories by 5:00 P .M., Tuesday, January 13, 2015. Parties shall file the proposed interrogatories as Notices to the Court. The Court will not accept subparts to the interrogatories. The Court will then decide if it will allow these interrogatories. Signed by District Judge E. Richard Webber on 01/06/2015. (CBL)

December 31, 2014

Filing 2068 MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that "Comerica's Motion for Summary Judgment" [ECF No. 1821 ] is DENIED. Signed by District Judge E. Richard Webber on 12/31/2014. (CBL)

December 29, 2014

Filing 2060 MEMORANDUM AND ORDER re: 1746 MOTION for Judgment on the Pleadings or in the Alternative, Motion for Summary Judgment filed by Defendant Herbert Morisse. IT IS HEREBY ORDERED that "Defendant Herbert Morisse's Motion for Judgment on the Pleadings or in the Alternative, Motion for Summary Judgment" 1746 is DENIED. Signed by District Judge E. Richard Webber on December 29, 2014. (MCB)

December 22, 2014

Filing 2052 MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that "Plaintiffs' Motion to Compel 30(b)(6) Testimony from Defendant National City Bank" [ECF No. 1565 ] and "Plaintiffs' Supplemental Motion for Leave to Take Supplemental Fact Depositions Based on National City Banks December 10, 2014, Disclosure" [ECF No. 2012 ] are GRANTED as indicated herein. (see order for details) Signed by District Judge E. Richard Webber on 12/22/2014. (CBL)

December 3, 2014

Filing 1983 MEMORANDUM AND ORDER. This matter comes before the court upon the Court's order granting "Plaintiff SDR's Motion for In Camera Review and to Compel Production of Non-Privileged Documents" [ECF No. 1915 ]. The Court has compl eted its in camera review. (see order for details) IT IS HEREBY ORDERED that National City shall produce the documents determined to be non-privileged to Plaintiffs within seven (7) days from the date of this order. Signed by District Judge E. Richard Webber on 12/03/2014. (CBL)

December 1, 2014

Filing 1972 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiff's Motion to Exclude Expert Testimony [ECF No. 1749]; National City Bank and U.S. Bank's Motion to Strike in Part the Expert Testimony of Edgar M. Coster and Donald J. Fitzgerald [ ECF No. 1755]; National City and U.S. Banks Motion to Strike in Part the Expert Testimony of Jonathan Arnold [ECF No. 1758]; Missouri Trustee Defendants Motion to Exclude Expert Testimony of Robert Lock [ECF No. 1771]; Comerica Bank and Trusts Mot ion to Exclude the Opinions and Testimony of Plaintiffs Expert, Edgar M. Coster as Against It [ECF No. 1824]; Comericas Motion to Exclude the Opinions and Testimony of Plaintiffs Expert Jonathan I. Arnold, as Against It [ECF No. 1830]; and Richar d Markows Motion for Joinder as it pertains to Motions 1771, 1758, 1748, and 1755 [ECF No. 1847] are GRANTED, in part, and DENIED, in part. IT IS FURTHER ORDERED that National City Bank and U.S. Banks Joinder in BMO Harris Banks Motion to Exclude Expert Testimony of Jo Ann Howard [ECF No. 1753] is GRANTED. Signed by District Judge E. Richard Webber on December 1, 2014. (MCB)

November 19, 2014

Filing 1929 MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED, ADJUDGED and DECREED that Plaintiffs' Motion for Leave to Amend Complaint and Remove Certain Defendants and Claims [ECF No. 1663 ] is DENIED. Signed by District Judge E. Richard Webber on 11/19/2014. (CBL)

November 18, 2014

Filing 1926 MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that Comerica Bank and Trust, N.A.'s Motion for Separate Trial [ECF No. 1688 ] is DENIED. Signed by District Judge E. Richard Webber on 11/18/2014. (CBL)

November 14, 2014

Filing 1917 MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that Plaintiff's Motion to Re-Depose Bank of America's Rule 30(b)(6) Witness [ECF No. 1850 ] is DENIED. Signed by District Judge E. Richard Webber on 11/14/2014. (CBL)

October 2, 2014

Filing 1695 MEMORANDUM AND ORDER re: Wittner Documents. The Court has reviewed the proposed Order 1675 -1, and finds its terms, with minor time adjustments, resolve the discovery dispute in a manner best suited to serve the purposes of the rules governing disclosures, within the scope of discovery. Accordingly, the Court hereby orders as indicated herein. (Read order for complete details.) Signed by District Judge E. Richard Webber on 10/02/2014. (CBL)

September 23, 2014

Filing 1680 MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that Defendant Brent Cassity's "Motion to Compel Plaintiffs to Supply Brent Cassity, Defendant Pro Se, All Deposition Transcripts, Exhibits, and Documents Needed to Properly Prepare for Trial" [ECF No. 1670 ] is DENIED. Signed by District Judge E. Richard Webber on 09/23/2014. (CBL)

September 5, 2014

Filing 1661 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendant J. Douglas Cassitys Motion to Modify Order and Make Dismissal of Defendant Cassity with Prejudice and/or to Reinstate Doug Cassity as a Defendant Unless Brent Cassity Is Also Dismissed with P rejudice [ECF No. 1621] is GRANTED in part, and DENIED in part. The Court shall vacate its July 22, 2014 order [ECF No. 1618] granting Plaintiffs Motion for Dismissal without Prejudice of Complaint Against Defendant J. Douglas Cassity. In all other respects, Doug Cassitys Motion shall be denied. IT IS FURTHER ORDERED that Defendant Tyler Cassitys Amended Motion to Set Aside or Vacate the Dismissal of Defendant J. Douglas Cassity; Tyler Cassitys Opposition to J. Douglas Cassitys Motion to Dism iss with Prejudice; and Tyler Cassitys Joinder in Doug Cassitys Request to Vacate Dismissal [ECF No. 1629]; and Defendants Rhonda L. Cassitys and Rhonda L. Cassity, Inc.s Notice of Joinder in Co-Defendant Tyler Cassitys Amended Motion to Set Aside or Vacate the Dismissal of Defendant J. Douglas Cassity and Joinder in Defendant Doug Cassitys Request to Vacate Dismissal [ECF No. 1630] are DENIED, as moot.IT IS FURTHER ORDERED that Brent Cassitys Motion to Dismiss with Prejudice or in the Alternative to Grant Defendant Brent Cassity, Pro Se, Due Process Rights in Order that He Be Able to Defend Himself [ECF No. 1623] is DENIED. Signed by District Judge E. Richard Webber on September 5, 2014. (MCB)

August 29, 2014

Filing 1655 MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that Defendant Brown Smith Wallace, LLC's "Motion for Leave to Schedule the Deposition of the Custodian of Records of the California Board of Accountancy" [ECF No. 1624 ] is DENIED. Signed by District Judge E. Richard Webber on 08/29/2014. (CBL)

August 13, 2014

Filing 1631 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendant Brown Smith Wallace shall reimburse Plaintiffs the amount of $21,712.00, as their fees and costs incurred in bringing their motion to compel, and as the fees and costs incurred in preparing for and taking the second Pevnick deposition. Signed by District Judge E. Richard Webber on August 13, 2014. (MCB)

July 15, 2014

Filing 1614 MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that "National City's Motion for Reconsideration and Clarification" [ECF No. 1569 ] is DENIED. Signed by District Judge E. Richard Webber on 07/15/2014. (CBL)

May 21, 2014

Filing 1563 MEMORANDUM AND ORDER re: 1531 Memorandum and Order - IT IS HEREBY ORDERED that a listed counsel of record for the Wittner Firm shall promptly retrieve the submitted box folders from chambers with proper identification. IT IS FURTHER ORDERED that Wittner Defendants firm shall supply copies of all non-privileged documents to Plaintiffs within seven (7) days of this Order. Signed by District Judge E. Richard Webber on May 21, 2014. (MCB)

May 20, 2014

Filing 1557 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that American Stock Transfer Company will produce its designated Rule 30(b)(6) witness, Herbert Lenner, for deposition at the offices of Reilly Pozner, LLP, 1900 Sixteenth Street, Suite 1700, Denver, Colorado 80202, on June 5, 2014 at 9:00 a.m. MST. Signed by District Judge E. Richard Webber on May 20, 2014. (MCB)

May 9, 2014

Filing 1536 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants Rhonda L. Cassity's and Rhonda L. Cassity, Inc.'s Verified Motion for Protective Order [ECF No. 1512 ] is DENIED. The depositions of Defendants Rhonda L. Cassity and Rhonda L, Cassity, Inc. shall take place as currently noticed. Signed by District Judge E. Richard Webber on May 9, 2014. (BRP)

April 30, 2014

Filing 1522 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants shall produce to the Court for its review, within five (5) days of this Order, all banking statements, credit card statements, and financial statements pertaining to the financial status of and all property ownership interests held by Rhonda L. Cassity and Rhonda L. Cassity, Inc., for the period between July 1, 2011 to present. (Response to Court due by 5/5/2014.) Signed by District Judge E. Richard Webber on April 30, 2014. (BRP)

April 10, 2014

Filing 1501 MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that Defendant J. Douglas Cassitys "Motion to Dismiss without Prejudice or in the Alternative to Sever" [ECF No. 1433 ] is DENIED. IT IS FURTHER ORDERED that Plaintiffs shall submit a Status Report regarding the provision of copies of deposition transcripts to Defendant J. Douglas Cassity. Signed by District Judge E. Richard Webber on 04/10/2014. (CBL)

April 8, 2014

Filing 1496 AMENDED MEMORANDUM AND ORDER. This Memorandum and Order modifies the Court's March 12, 2014 Order 1450 (see order for details) IT IS HEREBY ORDERED that "Plaintiffs' Motion to Enforce Court Order Requiring Payment of Attorney Fees by Forever Defendants" [ECF No. 1173 ] is GRANTED. Forever Defendants shall monetarily compensate Plaintiffs for the fees, in the amount of $7,693.85 as ordered, within twenty (20) days of this Order A certificate of payment shall be filed with this Court no later than April 7, 2014. Signed by District Judge E. Richard Webber on 04/08/2014. (CBL)

April 7, 2014

Filing 1488 MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that J. Douglas Cassity's pro se "Motion to Strike False Statements in Court's March 12th, 2014 Memorandum and Order and to Order Investigation of the Provider of Forg ed and/or Altered Documents to the Court" [ECF No. 1457 ] is GRANTED. IT IS FURTHER ORDERED that the last sentence beginning on page four and continuing on page five of this Court's March 12, 2014 Order [ECF No. 1450 ], "Moreover, du ring this time, Doug Cassity received payments totaling over $3 million dollars for goods sold on eBay, and Brent Cassity and Tyler Cassity were spending tens of thousands of dollars on luxury goods and services [,]" shall be stricken, and shall be replaced with the following sentence: "Moreover, during this time, Brent Cassity and Tyler Cassity were spending tens of thousands of dollars on luxury goods and services." In all other respects, the March 12, 2014 Order shall remain unchanged. Signed by District Judge E. Richard Webber on 04/07/2014. (CBL)

March 27, 2014

Filing 1477 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs Motion for In Camera Review [ECF No. 1439] is HELD IN ABEYANCE, pending receipt of a Status Report provided by Plaintiff. IT IS FURTHER ORDERED that Plaintiffs shall file a Status Report regarding Plaintiffs Motion for In Camera Review, within ten (10) days of this Order. (Response to Court due by 4/7/2014.) Signed by District Judge E. Richard Webber on March 27, 2014. (MCB)

March 13, 2014

Filing 1454 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiffs Motion to Enforce Court Order Requiring Production of Personal Financial Information by Brent Cassity [ECF No. 1336], is DENIED, as moot. Signed by District Judge E. Richard Webber on March 13, 2014. (MCB)

March 12, 2014

Filing 1451 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendant Sharon Nekol Provinces informal request to set aside the Courts February 7, 2014 Order granting Plaintiffs leave to depose her [ECF No. 1435] is DENIED. IT IS FURTHER ORDERED that Defendant Provinces informal request that mail no longer be sent to her at her prison address is DENIED. Signed by District Judge E. Richard Webber on March 12, 2014. (MCB)

February 18, 2014

Filing 1404 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that "Plaintiffs' Unopposed Motion for Order Requiring Personal Presence of Forever Defendants' Officers and Directors and Other Defendants for Questioning at September 11 Hearing 1258 is DENIED, as moot. Signed by District Judge E. Richard Webber on February 18, 2014. (MCB)

January 3, 2014

Filing 1366 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that counsel's Motion and Memorandum to Withdraw as Counsel for Defendants David R. Wulf and Wulf Bates & Murphy, Inc. [ECF No. 1356 ] is GRANTED. Defendants David R. Wulf and Wulf Bates & Murphy, Inc. are hereby notified they have thirty (30) days from entry of this Order to employ successor civil counsel to represent them in this matter. IT IS FURTHER ORDERED that counsel and parties shall confer and advise the Court concerning the scheduling of depositions, in accordance with this Memorandum and Order. Signed by District Judge E. Richard Webber on January 3, 2014. (Mailed to David R. Wulf, 2714 Hillcroft, Dr., Chesterfield, MO 63017) (BRP)

December 20, 2013

Filing 1359 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' request for the sanction of default judgment is HELD IN ABEYANCE. IT IS FURTHER ORDERED that Brent Cassity shall produce to Plaintiffs, within ten (10) days of entry of this Order, a ll personal banking statements, credit card statements, and financial statements pertaining to his financial status for the period between July 1, 2011 to present, as ordered by the Court. This production shall include documents pertaining to any financial interest, separately held, or jointly held with any individual or entity. Failure to produce the documents as ordered likely will result in an order holding Brent Cassity in contempt of court. Signed by District Judge E. Richard Webber on Decemer 20, 2013. (BRP)

November 15, 2013

Filing 1344 MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that Defendant Tyler Cassity's Motion to Supplement and Reconsider Court Order Entered September 18, 2013 Requiring Tyler Cassity to Produce Personal Financial Documents , or in the Alternative to Order Plaintiffs to Produce Certain Affiants for the Purpose of Cross-Examination [ECF No. 1294 ] is DENIED. Defendant J. Tyler Cassity shall, within thirty (30) days of entry of this Order, comply in all respects w ith the Court's directive to produce personal financial documents, as entered in its September 18, 2013 Order. IT IS FURTHER ORDERED that Defendant Tyler Cassity's Motion to Correct Court Order Entered September 23, 2013 [ECF No. 1299 ] is DENIED in part, and GRANTED in part. The Order 1282 shall be modified as discussed herein. Signed by District Judge E. Richard Webber on 11/15/2013. (CBL)

November 13, 2013

Filing 1340 MEMORANDUM AND ORDER. (see order for details) In sum, the Court finds that Defendants have failed to demonstrate that "exceptional circumstances" exist such that relief from this Court's September 18, 2013 Memorandum and Order would be justified under Rule 60(b). IT IS HEREBY ORDERED that Defendant Doug Cassity's "Motion for Reconsideration" [ECF No. 1280 ] is DENIED. IT IS FURTHER ORDERED that Defendant Howard A. Wittner's, Individually and as Trustee of the RBT Trust II, and Defendant Wittner, Spewak & Maylack, PCs "Motion to Reconsider and Request for Clarification of this Court's September 18, 2013 Order" [ECF No. 1284 ] is DENIED. Signed by District Judge E. Richard Webber on 11/13/2013. (CBL)

September 23, 2013

Filing 1282 MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that "Plaintiffs' Motion to Modify or Reconsider Order Granting Motion for Leave to Withdraw as Counsel for Defendants J. Tyler Cassity and Hollywood Forever, Inc." [ECF No. 1221 ], is DENIED. IT IS FURTHER ORDERED that "Tyler Cassity and Hollywood Forever, Inc.'s Response to Court Order and Motion for Reconsideration" [ECF No. 1235 ], is DENIED. IT IS FURTHER ORDERED that "Plaintiffs 9; Opposition to Defendants Tyler Cassity and Hollywood Forever, Inc.'s Response to Court Order and Motion for Reconsideration, and Plaintiffs' Motion to Compel a More Complete Response [ECF No. 1238 ], is DENIED, as moot. IT IS FURTHER OR DERED that "Defendants, Tyler Cassity and Hollywood Forever, Inc.'s Motion to Compel Plaintiffs, SDR, to Produce Documents Requested in Defendants' Amended First Request for Production" [ECF No. 1246 ], is DENIED, as moot. It is further ordered that Defendants Tyler Cassity and Hollywood Forever shall be allowed up to, and until October 1, 2013, to rephrase Defendants' production requests. The Court will consider any future motions to compel after the time for response to the rephrased requests has expired. Signed by District Judge E. Richard Webber on 09/23/2013. (CBL)

September 18, 2013

Filing 1279 MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that the "Motion to Withdraw as Counsel" [ECF No. 1191 ] filed by counsel for Forever Defendants is DENIED. IT IS FURTHER ORDERED that "Plaintiffs' Unopposed Motion for Order Requiring Personal Presence of Forever Defendants' Officers and Directors and Other Defendants for Questioning at September 11 Hearing" [ECF No. 1258] is held in ABEYANCE, due to receipt of most recent information. IT IS FURTHER ORDERED that "Plaintiff's Motion to Enforce Court Order Requiring Payment of Attorney Fees by Forever Defendants" [ECF No. 1173 ] is held in ABEYANCE, subject to examination of documents to be supplied by the Wittner Defendan ts and Forever Defendants' Officers and Directors, who are also named as individual defendants in this matter. IT IS FURTHER ORDERED that any attorney/client privilege that could be asserted concerning all Cassity and Forever Defendants files, documents, computer servers, hard drives, and other electronic devices, from the Forever Oak Hill Cemetery (consisting of approximately 200 boxes of files) and the Bellerive Cemetery (consisting of approximately 60 boxes of files and electronic eq uipment located in a shed) shall be waived. IT IS FURTHER ORDERED that any attorney/client privilege that has been asserted concerning all documents listed in the 47-page privilege log, prepared by Wittner Defendants on behalf of Forever Defendants, and produced to Plaintiffs, shall be waived. Wittner Defendants shall provide revised responses to Plaintiffs' Requests for Production, removing all objections and otherwise complying with the Court's directions in its June 24 Order. IT I S FURTHER ORDERED that Defendants Doug Cassity, Brent Cassity, and J. Tyler Cassity shall produce to Plaintiffs all personal banking statements, credit card statements, and financial statements pertaining to the financial status of said individuals, for the period between July 1, 2011 to present. Signed by District Judge E. Richard Webber on 09/18/2013. (CBL)

July 19, 2013

Filing 1228 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants Tyler Cassity and Hollywood Forever, Inc.'s Motion to Compel Return of Inadvertently Produced Document [ECF No. 1197 ], is DENIED. IT IS FURTHER ORDERED that Plaintiff SDR's Moti on for Discovery Status Update by Defendants Tyler Cassity and Hollywood Forever Regarding Documents Cited in Narrative Timeline and for Other Relief [ECF No. 1217 ] is GRANTED. Defendants shall, within ten (10) days of this Order, provide to Plai ntiffs and this Court a Status Report concerning their larger document collection, giving a date certain as to when productions shall be forthcoming, and specifying the circumstances surrounding the loss or destruction of the documents cited, refe renced, or quoted in the Narrative Timeline. Furthermore, Defendants shall, within thirty (30) days of this Order, produce all documents responsive to Plaintiff SDR'sRequests for Production; and they shall, within forty-five (45) days of this Order, provide Plaintiffs and this Court a privilege log. (Response to Court due by 9/2/2013. Status Report due by 7/29/2013.). Signed by District Judge E. Richard Webber on July 19, 2013. (BRP)

June 24, 2013

Filing 1216 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff SDR's Motion to Compel the Forever Entities' Responses to the SDR's First Set of Requests for Production [ECF No. 1207 ], is GRANTED in part. Within twenty (20) days, Foreve r Entities shall produce all financial records and documents, in accordance with, and as specified in, this Order. IT IS FURTHER ORDERED that the Motion to Withdraw [ECF No. 1191 ] filed by counsel for Forever Defendants, and Plaintiffs' Moti on to Enforce Court Order Requiring Payment of Fees [ECF No. 1173 ] shall be held in abeyance, to be considered by this Court after Forever Defendants produce the documents, as directed above, within twenty (20) days of this Order. Signed by District Judge E. Richard Webber on June 24, 2013. (BRP)

May 2, 2013

Filing 1193 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Trustee Defendants' Motion for Reconsideration [ECF No. 1175 ] is DENIED. Signed by District Judge E. Richard Webber on May 2, 2013. (BRP)

March 5, 2013

Filing 1174 MEMORANDUM AND ORDER re: 1154 MOTION to Dismiss :Claims for Relief 8, 21 and 22 of Plaintiff's 3rd Amended Complaint filed by Defendant Howard A. Wittner motion is DENIED. Signed by District Judge E. Richard Webber on March 5, 2013. (MCB)

February 25, 2013

Filing 1172 MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that Plaintiffs' Motion for Setting of Jury Trial [ECF No. 1156 ] is GRANTED. Parties shall submit a Joint Scheduling Plan to this Court no later than April 1, 2013. In the event a Joint Plan cannot b e agreed to, and submitted by, all parties, one plan will be accepted on behalf of Plaintiffs and one plan will be accepted on behalf of all Defendants, to be considered by the Court. ( Joint Scheduling Plan due by 4/1/2013.) Signed by District Judge E. Richard Webber on 02/25/2013. (CBL)

February 22, 2013

Filing 1171 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Certain Trustee Defendants' Motion to Strike Plaintiffs' Jury Demand [ECF No. 1147 ] is DENIED. Signed by District Judge E. Richard Webber on February 22, 2013. (BRP)

January 8, 2013

Filing 1153 MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that Defendant Herbert Morisse's Motion to Dismiss Count 42 of Plaintiff's Third Amended Complaint [ECF No. 1143 ] is GRANTED. Count 42 of Plaintiffs' Third Amended Complaint is DISMISSED. Signed by District Judge E. Richard Webber on 01/08/2013. (CBL)

September 11, 2012

Filing 1123 MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that the Missouri Trustee Defendants' Motion to Dismiss the Aiding-and-Abetting Counts for Failure to State a Claim [ECF No. 1016 ] is GRANTED. Counts 31, 32, 33, and 34 of Plaintiffs' Third Ame nded Complaint are DISMISSED. IT IS FURTHER ORDERED that Defendant U.S. Bank's Motion to Dismiss Plaintiffs' Third Amended Complaint, or, in the Alternative, for a More Definite Statement [ECF No. 1023 ], is DENIED as moot. IT IS FURTHER ORDERED that Defendant Richard Markow's Motion to Dismiss Counts 36-38 of Plaintiffs' Third Amended Complaint [ECF No. 1082 ] is GRANTED in part, and DENIED in part. Only Count 38 of Plaintiffs' Third Amended Complaint is DISMISSED. Signed by District Judge E. Richard Webber on 09/11/2012. (CBL)

August 14, 2012

Filing 1110 AMENDED MEMORANDUM AND ORDER re: Memorandum and Order 1104 : IT IS HEREBY ORDERED that Forever Defendants' Motion and Memorandum to Withdraw Pleading [ECF No. 1077 ] is GRANTED. Forever Defendants' Motion and Memorandum to Withdraw Cou nterclaims and Dismiss the Third Party Complaint [ECF No. 977 ], is DENIED as moot. IT IS FURTHER ORDERED that Plaintiffs' Motion to Dismiss the Forever Defendants Counterclaims [ECF No. 957 ] is DENIED as moot. IT IS FURTHER ORDERED that Pla intiffs' Motion for Attorneys' Fees [ECF No. 958 ] is GRANTED. Defendants Brentwood Heritage Properties, LLC; Forever Enterprises, Inc.; Forever Illinois, Inc.; Forever Network, Inc.; Legacy International Imports, Inc.; Lincoln Memorial S ervices, Inc.; National Heritage Enterprises, Inc.; National Prearranged Services Agency, Inc; and Texas Forever, Inc., shall pay to Plaintiffs, as costs and attorneys' fees, the amount of $7,693.85. IT IS FURTHER ORDERED that Plaintiffs' Motion for Additional Attorneys' Fees Against Forever Defendants and Their Counsel [ECF No. 1044 ] is DENIED. Signed by District Judge E. Richard Webber on August 14, 2012. (BRP)

August 10, 2012

Filing 1104 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Forever Defendants' Motion and Memorandum to Withdraw Pleading [ECF No. 1077 ] is GRANTED. Forever Defendants' Motion and Memorandum to Withdraw Counterclaims and Dismiss the Third Party C omplaint [ECF No. 977 ], is DENIED as moot. IT IS FURTHER ORDERED that Plaintiffs' Motion to Dismiss the Forever Defendants Counterclaims [ECF No. 957 ] is DENIED as moot. IT IS FURTHER ORDERED that Plaintiffs' Motion for Attorneys 9; Fees [ECF No. 958 ] is GRANTED. The Clerk of the Court shall tax costs and attorneys' fees in favor of Plaintiffs and against Defendants Brentwood Heritage Properties, LLC; Forever Enterprises, Inc.; Forever Illinois, Inc.; Forever Network , Inc.; Legacy International Imports, Inc.; Lincoln Memorial Services, Inc.; National Heritage Enterprises, Inc.; National Prearranged Services Agency, Inc; and Texas Forever, Inc., in the amount of $7,693.85. IT IS FURTHER ORDERED that Plaintiffs' Motion for Additional Attorneys' Fees Against Forever Defendants and Their Counsel [ECF No. 1044 ] is DENIED. Signed by District Judge E. Richard Webber on August 10, 2012. (BRP)

July 30, 2012

Filing 1099 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Wulf Defendants' Motion to Dismiss [ECF No. 930 ] is GRANTED. Count 5 and Count 11 of Plaintiff's Third Amended Complaint [ECF No. 916 ] are dismissed as to Wulf Defendants. Signed by District Judge E. Richard Webber on July 30, 2012. (BRP)

July 6, 2012

Filing 1064 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiffs Motion for Protective Order Regarding Collateral Attack Discovery [ECF No. 925 ] is DENIED. Plaintiffs must produce nonprivileged documents that are responsive to National City Banks Request Nos. 4-11 (SDR) and 7-14 (GAs) within sixty (60) days. Signed by Honorable E. Richard Webber on 7/6/12. (KJS)

May 11, 2012

Filing 923 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant National City Bank's Motion to Compel Responses to its First Sets of Interrogatories and to Modify the Court's July 11, 2011 Order, [ECF No. 863 ], is DENIED. Signed by Honorable E. Richard Webber on May 11, 2012. (BRP)

April 13, 2012

Filing 875 MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that Plaintiff Jo Ann Howard & Associates, P.C.'s Motion to Disqualify Jack Spooner as Counsel for the Wittner Defendants, [ECF No. 842 ], is GRANTED. Spooner is disqualified f rom further representation of the Wittner Defendants in this case. The Clerk's Office shall terminate Spooners entry immediately. Witter Defendants shall employ new counsel within twenty (20) days of this Order. IT IS FURTHER ORDERED that Defend ant Brown Smith Wallace's Motion for a Protective Order, or, in the Alternative, to Amend the July 22, 2011 Consent Protective Order, [ECF No. 821 ] is DENIED. However, the Court invites the parties to confer and develop a mutually agreeable Consent Protective Order to submit for the Court's consideration. Signed by Honorable E. Richard Webber on 04/13/2012. (CBL)

February 13, 2012

Filing 827 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion to Compel the Production of Documents and Electronically Stored Information by Defendants Howard A. Wittner and Wittner, Spewak & Maylack, P.C., ECF No. 812 , is GRANTED, in pa rt. Defendants shall produce the correspondence and emails and the insurance policy with Travelers Insurance Company referenced in their Rule 26(a)(1) initial disclosure statement, and to provide the same to Plaintiffs within ten (10) days. Defendants shall produce these materials in conformity with the parties' existing discovery stipulation. See ECF No. 733. Plaintiffs' Motion in all other respects is DENIED. Signed by Honorable E. Richard Webber on February 13, 2012. (BRP)

January 25, 2012

Filing 823 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion to Modify Order Granting Motion to Withdraw as Counsel for Defendant Brent D. Cassity, ECF No. 817 , is DENIED. Signed by Honorable E. Richard Webber on January 25, 2012. (BRP)

December 16, 2011

Filing 807 MEMORANDUM. As ordered by the Court sua sponte, ECF No. 797 , the Court held a telephone status conference today, December 16, 2011, at 10:00 a.m., concerning the limited discovery that is permitted under the Court's stay of under oath discove ry. In the interest of ensuring that all parties have the opportunity to access and to benefit from todays conference, the Court will distribute the official transcript of today's status conference to each party's counsel of record when the official transcript becomes available. Signed by Honorable E. Richard Webber on 12/16/2011. (CBL)

August 17, 2011

Filing 753 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Forever Defendants' Motion to Withdraw Counterclaims 750 is GRANTED, as set forth above. IT IS FURTHER ORDERED that Plaintiffs Motion to Dismiss Counterclaims of theForever Defendants 680 is DENIED, as moot. Signed by Honorable E. Richard Webber on August 17, 2011. (MCB)

August 3, 2011

Filing 747 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff SDRs Motion to Dismiss Counterclaims of Defendant Hollywood Forever [ECF No. 642 ] is GRANTED. Signed by Honorable E. Richard Webber on 8/3/11. (TRC)

July 28, 2011

Filing 745 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Wulf Defendants' Motion to Dismiss [doc. # 604 ] is GRANTED, in part and DENIED, in part. The Motion is granted as to Plaintiffs' Count 5 and Count 11, and is otherwise denied. Signed by Honorable E. Richard Webber on July 28, 2011. (BRP)

July 18, 2011

Filing 741 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant Howard Wittner's Motion to Dismiss Counts Ten, Twelve and Thirteen of Plaintiffs' Second Amended Complaint [doc. # 614 ] is GRANTED. Signed by Honorable E. Richard Webber on July 18, 2011. (BRP)

July 11, 2011

Filing 738 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Governments Motion to Intervene to Seek a Temporary Stay of Discovery [doc. # 699 ] is GRANTED. IT IS FURTHER ORDERED that the Governments Motion for a Temporary Stay of Discovery [doc. # 700 ] is GRANTED. All under oath discovery shall be stayed in this case until the guilt or innocence of Indicted Defendants is determined in the parallel criminal case, United States v. Sutton, Case No. 4:09CR00509 JCH (E.D. Mo.). IT IS FURTHER ORDERED that T rustee Defendants and Plaintiffs are permitted to exchange fact-based interrogatories, but that they shall not share the contents of those communications with other parties in this litigation or third parties during the pendency of the stay absent co urt approval. IT IS FURTHER ORDERED that Trustee Defendants and Plaintiffs shall submit, for the Courts approval, a consent protective order relating to the confidentiality of the aforementioned discovery by interrogatory, no later than July 22, 2011. ( Response to Court due by 7/22/2011.). Signed by Honorable E. Richard Webber on 7/11/11. (KJS)

June 22, 2011

Filing 730 MEMORANDUM AND ORDER/PROTECTIVE ORDER. IT IS HEREBY ORDERED that Plaintiffs Petition under Federal Rule of Criminal Procedure 6(e) to Obtain Third-Party Documents [doc. #698] is GRANTED. IT IS FURTHER ORDERED that the materials produced by the Unite d States shall not be disclosed to any individuals or entities other than the parties to this case, their respective counsel and employees thereof, consultants retained by counsel to assist in trial preparation, and potential witnesses. See Order for further details. 698 Signed by Honorable E. Richard Webber on 6/22/2011. (CBL)

March 23, 2011

Filing 637 MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that Plaintiffs' Motion for Preliminary Injunction Freezing Assets of Specified Defendants [doc. #405] is DENIED. IT IS FURTHER ORDERED that Brent Cassitys Motion to Strike Unauthenticated Exhibits [doc . #457], Tyler Cassity and Hollywood Forever's Motion to Provide Supplemental Briefing to the Court [doc. #502], BHP, Forever Enterprises, Forever Illinois, Forever Network, Legacy International, LMS, NHE, NPS Agency, and Texas Forever's Mo tion to Join [doc. #504], Brent Cassity's Motion for Leave to Provide Supplemental Briefing [doc. #506], Doug Cassity's Motion to Join [doc. #515], Doug Cassity's Motion to Join [doc. #519], and Rhonda Cassity's Motion to Join [doc. #550] are DENIED, as moot. Signed by Honorable E. Richard Webber on March 23, 2011. (MGK)

February 14, 2011

Filing 599 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Joan M. Swartzs Request for Compensation of Services and Reimbursement for Out-of-Pocket Expenses [doc. #592] is GRANTED. IT IS FURTHER ORDERED that the Clerk of Court shall disburse the sum of $2,524.00 from the Non-Appropriated Fund, payable to: Joan M. Swartz 15455 Conway Rd. Suite 360 Chesterfield, MO 63017. Signed by Honorable E. Richard Webber on 2/14/2011. (KMS)

December 21, 2010

Filing 589 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant Anne Chruns Motion to Dismiss [doc. #120] is DENIED. IT IS FURTHER ORDERED that Defendants David Wulf and Wulf, Bates and Murphys Motion to Make More Definite Plaintiffs Claims for Relief and Motion to Dismiss Plaintiffs Eleventh Claim for Relief [doc. #124] is GRANTED, in part and DENIED, in part. Plaintiffs Count Eleven against these Defendants will be dismissed, and the Motion is otherwise denied. IT IS FURTHER ORDERED that Defendants Brentwood Heritage Properties, LLC, Forever Enterprises, Inc., Forever Illinois, Inc., Forever Network, Inc., Legacy International Imports, Inc., Lincoln Memorial Services, Inc., National Heritage Enterprises, Inc., National Prearranged Services Agen cy, Inc., and Texas Forever, Inc.s Motion to Dismiss, or in the Alternative, Motion for More Definite Statement [doc. #235] is DENIED. IT IS FURTHER ORDERED that Defendants Tyler Cassity and Hollywood Forever, Inc.s Motion to Dismiss Complaint, or, i n the Alternative, for More Definite Statement [doc. #246] is DENIED. IT IS FURTHER ORDERED that Defendants Howard Wittner and Wittner, Spewak & Maylack P.C.s Motion to Dismiss and Motion for a More Definite Statement [doc. #254] is GRANTED, in part and DENIED, in part. Defendants Motion is granted with respect to Plaintiffs Count Ten against Wittner for breach of promissory notes, Plaintiffs Count Twelve against Wittner for violation of the Texas Receivership Act, and Plaintiffs Count Thirteen against Wittner for violation of the Texas Insurance Code, and is otherwise denied. IT IS FURTHER ORDERED that Defendant Brent D. Cassitys Motion to Dismiss and Motion for a More Definite Statement [doc. #254] is DENIED. IT IS FURTHER ORDERED that D efendant James M. Crawfords Motion to Make More Definite and Certain and Motion to Join Co-Defendants Motions and Memoranda [doc. #273] is DENIED.IT IS FURTHER ORDERED that Defendant Roxanne J. Schnieders n/k/a Roxanne J. Sargents Motion to Dismiss, or in the Alternative, Motion for More Definite Statement [doc. #281] is DENIED. IT IS FURTHER ORDERED that Defendant J. Douglas Cassitys Motion to Dismiss, Motion to Make More Definite and Certain, and Motion to Join Co-Defendants Motions and Memora nda [doc. #287] is DENIED. IT IS FURTHER ORDERED that Defendants Rhonda Cassity and Rhonda L. Cassity, Inc. a/k/a Wellstream, Inc.s Motion to Dismiss, or in the Alternative, Motion for More Definite Statement and Motion to Join Co-Defendants Motions and Memoranda [doc. #289] is DENIED. IT IS FURTHER ORDERED that Defendant Nekol Provinces Motion to Dismiss Complaint, or, in the Alternative, for More Definite Statement [doc. #296] is DENIED. IT IS FURTHER ORDERED that Defendant Randall K. Suttons Motion to Dismiss Plaintiffs Complaint [doc. #299] is DENIED. IT IS FURTHER ORDERED that Defendant Larry Keith Hales Motion to Dismiss, or in the Alternative, Motion for More Definite Statement [doc. #365] is DENIED. IT IS FURTHER ORDERED that Defend ant Marianne Joness Motion for More Definite Statement [doc. #382] is DENIED. IT IS FURTHER ORDERED that Plaintiffs shall file a Second Amended Complaint no later than January 28th, 2011, clarifying which Plaintiffs are asserting which pleaded claims, and with respect to those claims brought by Plaintiff Donna J. Garrett as Special Deputy Receiver, on whose behalf she is asserting those claims. Signed by Honorable E. Richard Webber on 12/21/2010. (KMS)

September 30, 2010

Filing 569 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendant J. Douglas Cassity's Motion to Strike [doc. #286] is DENIED. IT IS FURTHER ORDERED that Defendant J. Douglas Cassity's Motion for Protective Order [doc. #335] is DENIED.IT IS FURTHER ORDERED that Plaintiffs' Motion to Strike Affirmative Defenses ofDefendant Katherine P. Scannell [doc. #316] is DENIED. IT IS FURTHER ORDERED that Plaintiffs Motion to Strike Affirmative Defenses of Defendants Lennie J. Cappleman, Tony B. Lumpkin, III, Randall J. Singer, and George Wise, III[doc. #268] is GRANTED. Signed by Honorable E. Richard Webber on September 30, 2010. (MCB)

June 17, 2010

Filing 449 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendant National City Bank N.A.'s Motion to Dismiss [doc. #166], Defendant Bremen Bank and Trust Company's Motion to Dismiss [doc. #168], Defendant Southwest Bank, an M&I Bank's Motion t o Dismiss [doc. #170], Defendant Marshall and Ilsley Trust Company, N.A.'s Motion to Dismiss [doc. #172], Defendant Bank ofAmerica, N.A.'s Motion to Dismiss [doc. #191], Defendant U.S. Bank, N.A.'s Motion to Dismiss [doc. #195], Defend ant Comerica Bank & Trust, N.A.'s Motion to Dismiss [doc. #197], and Defendant American Stock Transfer and Trust Company, LLC's Motion to Dismiss [doc. #384] are GRANTED, in part and DENIED, in part. These Motions are granted to the extent they request more definite statements from Plaintiffs as to which Plaintiffs are asserting claims againstwhich of the Trustee Defendants, and are otherwise denied. Plaintiffs shall file an amended Complaint containing such information no later than July 12, 2010. Signed by Honorable E. Richard Webber on June 17, 2010. (MCB)

June 9, 2010

Filing 446 ORDER. IT IS HEREBY ORDERED that the Verified Motion of Counsel to Withdraw [doc. #443], and the Joint Motion for Extension of Time in Which to File Memorandum in Opposition [doc. #442], are DENIED. The Court will revisit this issue upon the renewe d filing of a motion to withdraw, following resolution of the pending Motion for Preliminary Injunction Freezing Assets of Specified Defendants [doc. #405]. IT IS FURTHER ORDERED that the Joint Consent Motion of Defendants for a Second Extension of Time in Which to File Memoranda in Opposition [doc. #445] is GRANTED. All responses in opposition to Plaintiffs'Motion for Preliminary Injunction Freezing Assets of Specified Defendants [doc. #405] shall be filed no later than June 21, 2010. T his extension of the deadline applies to any and all parties who might wish to file responses in opposition to Plaintiffs' Motion, and not only to those parties bringing the present Motion for a Second Extension. Signed by Honorable E. Richard Webber on 6/9/2010. (RJD)

February 22, 2010

Filing 376 ORDER. IT IS HEREBY ORDERED that Motion for Extension of Time [doc.#373] is GRANTED. Any Reply by Defendant J. Douglas Cassity to thepending Motion for Protective Order [doc. #335] shall be filed nolater than February 26, 2010. Signed by Honorable E. Richard Webber on 2/22/2010. (RJD)

February 1, 2010

Filing 353 ORDER. IT IS HEREBY ORDERED that Motion for Extension of Time [doc.#352] is GRANTED. Plaintiffs' Response to Motion for ProtectiveOrder [doc. #335] filed by Defendant J. Douglas Cassity shall be filed no later than February 11, 2010. Signed by Honorable E. Richard Webber on 2/1/2010. (RJD)

December 7, 2009

Filing 267 ORDER. IT IS HEREBY ORDERED that Motion for Extension of Time [doc.#265] is GRANTED. Defendant Wise, Mitchell & Associates, LTD,shall Answer or otherwise respond to Plaintiffs' Complaint no laterthan December 18, 2009. Signed by Honorable E. Richard Webber on 12/7/09. (RJD)

December 4, 2009

Filing 264 ORDER. IT IS HEREBY ORDERED that Second Motion for Extension of Time[doc. #262] is GRANTED. Defendant Comerica Bank & Trust, N.A.'sReply relating to their pending Motion to Dismiss [doc. #197] shallbe filed no later than December 22, 2009. Signed by Honorable E. Richard Webber on 12/4/09. (RJD)

November 19, 2009

Filing 218 ORDER. IT IS HEREBY ORDERED that Gary L. Vincent of Husch, Blackwell, Sanders, LLP, 190 Carondelet Plaza, Suite 600, St. Louis, MO, 63105, phone 314-480-1500, fax 314-480-1505, is appointed to represent Defendant Erin Province Engle in this matter. The Clerk of the Court shall provide Defendant Engle's newly-appointed counsel with a copy of any requested documents from the Court file at no cost. IT IS FURTHER ORDERED that Defendant Engle shall Answer or otherwise respond to Plaintiffs' Complaint no later than December 31, 2009. Attorney Gary L. Vincent for Erin Province added. Signed by Honorable E. Richard Webber on 11/19/09. (RJD)

November 17, 2009

Filing 210 ORDER. IT IS HEREBY ORDERED that Second Motion for Extension of Timeto File Answer [doc. #202] is GRANTED. Defendant Randall K. Suttonshall Answer or otherwise respond to Plaintiffs' Complaint no laterthan December 18, 2009. Signed by Honorable E. Richard Webber on 11/17/09. (RJD)

November 16, 2009

Filing 201 ORDER. IT IS HEREBY ORDERED that Second Motion for Extension of Timeto File Answer by [doc. #198] is GRANTED. Defendant Howard A.Wittner, individually and as Trustee of the RBT Trust II andDefendant Wittner, Spewak & Maylack, P.C., f/k/a Wittner, P oger,Spewak, Maylack & Spooner, P.C. shall Answer or otherwise respondto Plaintiff's Complaint no later than November 30, 2009. IT IS FURTHER ORDERED that Motion for Extension of Time [doc. #199] is GRANTED. Defendants Brentwood Heritage Prope rties, LLC,; Forever Enterprises, Inc.; Forever Illinois, Inc.; Forever Network, Inc.; Legacy International Imports, Inc.; Lincoln Memorial Services, Inc.; National Heritage Enterprises, Inc.; NationalPrearranged Services Agency, Inc.; and Texas Forever, Inc.; shall Answer or otherwise respond to Plaintiffs' Complaint no later than November 23, 2009. Signed by Honorable E. Richard Webber on 11/16/09. (RJD)

November 2, 2009

Filing 163 ORDER granting 53 Motion to Appoint Counsel. The Court has reviewed the pleadings in this matter and is of the opinion that appointment of counsel would best serve the interest of justice. Accordingly, IT IS HEREBY ORDERED that Mark E. Goodman, C apes and Sokol, 7701 Forsyth Blvd., 12th Floor, St. Louis, MO 63105, phone 314-721-7701, fax 314-721-0554, is appointed to represent Defendant Erin Province Engel in this matter. The Clerk of Court shall provide Defendant Engel's newly-appointe d counsel with a copy of any requested documents from the Court file at no cost. IT IS FURTHER ORDERED that defendant Engel shall answer or otherwise respond to Plaintiffs' Complaint no later than December 18, 2009. Signed by Honorable E. Richard Webber on November 2, 2009. (cc: Erin Province, 129 Asilomar Court, Ballwin, MO 63105) (MCB)

October 13, 2009

Filing 109 ORDER IT IS HEREBY ORDERED that Plaintiffs should proceed with personal service under Rule 4 on those Defendants who have failed to sign Requests for Waiver of Service. IT IS FURTHER ORDERED that Defendant Erin Province's Motion to Appoint Counsel is HELD IN ABEYANCE. Defendant Province shall submit an affidavit to the Court detailing her assets and liabilities no later than October 23, 2009. Signed by Honorable E. Richard Webber on October 13, 2009. (MCB)

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Plaintiff: Donna J. Garrett
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