American Modern Home Insurance Company v. Thomas et al
| American Modern Home Insurance Company |
| Aaron Thomas, Aimee Thomas and Thiemann Real Estate, LLC |
| 4:2016cv00215 |
| February 17, 2016 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| Within US but Outside District |
| Catherine D. Perry |
| Insurance |
| 28 U.S.C. ยง 2201 |
| Plaintiff |
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Filing
358
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that American Modern Home Insurance Company's Application for a Stay Pending Appeal and Approval of a Supersedeas Bond 352 is GRANTED. IT IS FURTHER ORDERED that American Modern Home Insurance Com pany shall have until 4:30 p.m. on Thursday, October 17, 2019, by which to file with the Clerk of Court a supersedeas bond in the amount of $1,073,274.78 that meets the requirements of Local Rule 13.03. No extensions of time will be granted. IT IS FURTHER ORDERED that execution of the amended judgment entered August 22, 2019, is STAYED under Fed. R. Civ. P. 62(b), to be released automatically upon conclusion of the matter for which the bond is posted. Failure to timely file a supersedeas bond in the amount of $1,073,274.78 that meets the requirements of Local Rule 13.03 will result in the stay being lifted. (Response to Court due by 10/17/2019.) Signed by District Judge Catherine D. Perry on 09/26/2019. (TMT)
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Filing
349
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Aaron and Aimee Thomas' Motion for Attorneys Fees, and Pre- and Post-Judgment Interest 305 is granted in part and denied in part. IT IS FURTHER ORDERED that, pursuant to Mo. Rev. Stat. § 375.420, Aaron and Aimee Thomas are awarded a reasonable attorneys fee in the amount of $661,505.00. IT IS FURTHER ORDERED that American Modern Home Insurance Company shall pay to Aaron and Aimee Thomas $7,909.52 in prejudgment interest, which represents interest calculated at the rate of 9% per annum on the Thomases' policy-claim damages, that is, $19,093.74, from March 12, 2014, to the date of judgment, that is, October 17, 2018. IT IS FURTHER ORDERED that American Modern Home Insurance Company shall pay to Aaron and Aimee Thomas post-judgment interest accruing on the total amount of the October 17, 2018, judgment ($21,153.11) from the date of said judgment until satisfaction of judgment, at the rate of 2 .67% per annum. IT IS FURTHER ORDERED that American Modern Home Insurance Company shall pay to Aaron and Aimee Thomas post-judgment interest accruing on the amount of prejudgment interest ($7,909.52) from the date of amended judgment until satisfaction of judgment, at the rate prescribed under 28 U.S.C. § 1961. IT IS FURTHER ORDERED that the Thomases' Motion for Sanctions 285 is denied. An amended judgment incorporating these rulings is entered herewith. Signed by District Judge Catherine D. Perry on 08/22/2019. (TMT)
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Filing
324
MEMORANDUM AND ORDER (See Full Order). IT IS HEREBY ORDERED that plaintiff American Modern Home Insurance Company's Motion to Stay Judgment 310 is GRANTED to the extent American Modern seeks to stay execution of the October 17, 2018, jud gment under Fed. R. Civ. P. 62(b), but DENIED to the extent it asks that the posting of appropriate security be waived. IT IS FURTHER ORDERED that, to the extent American Modern seeks to stay execution of judgment on appeal and waive the posting of a supersede as bond under Fed. R. Civ. P. 62(d), the motion is DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that upon American Moderns filing of a bond executed by sufficient surety approved by and in a form acceptable to the Clerk of Court, execution of the judgment entered October 17, 2018, is STAYED under Fed. R. Civ. P. 62(b). Signed by District Judge Catherine D. Perry on 11/26/18. (EAB)
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Filing
227
MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that Aaron and Aimee Thomas's Motion to Preclude Any Testimony or Exhibit from Disclosed Expert John Nordyke 193 is GRANTED. IT IS FURTHER ORDERED that Aaron and Aimee Thomas's Motion to Preclude Any Testimony or Exhibit from Disclosed Expert Dan Bruno 194 ; Motion to Preclude Any Testimony or Exhibit from Disclosed Expert Lewis Crist 195 ; and Motion to Preclude Any Expert Testimony or Exhibit from John Trawicki [197 ] are GRANTED IN PART and DENIED IN PART. IT IS FURTHER ORDERED that American Modern Home Insurance Company's Motion to Exclude the Testimony of Professor Jeffrey Thomas 165 is GRANTED IN PART and DENIED IN PART. IT IS FURTHER ORDERED that A merican Modern Home Insurance Company's Motion to Exclude and/or Limit the Testimony of Jim Kuticka 166 is DENIED. IT IS FURTHER ORDERED that American Modern Home Insurance Company's Motion to Exclude and/or Limit the Rebuttal Testimony of Professor Jeffrey Thomas 191 is DENIED, but without prejudice to be reasserted at the time of trial. IT IS FURTHER ORDERED that American Modern Home Insurance Company's Motion for Partial Summary Judgment on Counts II and III of the Cou nterclaim 161 is DENIED. IT IS FURTHER ORDERED that Aaron and Aimee Thomas's Motion for Summary Judgment 196 is DENIED as to Count I of American Modern's complaint, and DENIED AS MOOT as to Count II of the complaint. IT IS FURTHER ORDERED that a final pretrial conference will be held on Thursday, October 4, 2018 at 11:00 a.m. in Courtroom 14-South. The case remains set for a jury trial beginning October 9, 2018. Signed by District Judge Catherine D. Perry on 9/17/18. (EAB)
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Filing
178
MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that plaintiff American Modern Home Insurance Company's Second Motion to Alter/Amend the Court's Order Quashing the Deposition of Carl Welcher 153 is DENIED. IT IS FURTHER ORDERED that the Thomas defendants' Motion to Bar Expert Opinion Testimony of Carl M. Welcher, Jr. 158 is GRANTED. Signed by District Judge Catherine D. Perry on 2/7/2018. (CBL)
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Filing
134
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that defendant Aaron and Aimee Thomases' Motion to Compel 105 is granted in part, denied in part, and denied as moot in part as set out in this Memorandum and Order. IT IS FURTHER ORDERED that no l ater than September 18, 2017, American Modern Home Insurance Company shall produce to the Thomases the following portions of previously withheld documents, as denoted by their number listed on American Moderns updated privilege log (ECF #130-2) (See order for complete details.) Signed by District Judge Catherine D. Perry on September 11, 2017. (MCB)
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Filing
104
MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that plaintiff American Modern Home Insurance Company's Motion to Alter/Amend the Court's Order Quashing the Deposition of Carl Welcher 95 is DENIED. Signed by District Judge Catherine D. Perry on 5/22/2017. (CBL)
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Filing
36
MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that the stay previously imposed in this case is LIFTED. IT IS FURTHER ORDERED that defendants Aaron and Aimee Thomas's Motion for Appointment of Counsel 33 is GRANTED. IT IS FURTHER ORDERED that Ke nneth R. Heineman of Husch Blackwell, 190 Carondelet Plaza, Suite 600, St. Louis, MO 63105; telephone (314) 480-1500; fax (314) 480-1505, is appointed to represent defendants Aaron and Aimee Thomas in this matter. The Clerk of the Court shall prov ide newly-appointed counsel with access to the electronic court file at no cost. This matter will be set for a Rule 16 conference by separate Order. Signed by District Judge Catherine D. Perry on 8/30/16. (EAB) (Copy of Order sent to Aaron and Aimee Thomas on 8/30/16) (EAB).
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Filing
34
MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that attorney Marisa L. Saber's request for leave to withdraw as counsel for defendant Thiemann Real Estate, LLC 31 , is DENIED. IT IS FURTHER ORDERED that defendant Thiemann Real Est ate, LLC, shall answer or otherwise respond to plaintiffs complaint no later than August 26, 2016. IT IS FURTHER ORDERED that, in all other respects, all proceedings in this case are STAYED pending further Order of the Court. IT IS FURTHER ORDERED that the Thomases pro se motions seeking discovery from American Modern Home 24 25 are DENIED AS MOOT. Signed by District Judge Catherine D. Perry on 8/19/16. (EAB)
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Filing
30
MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that American Modern Home Insurance Company and Thiemann Real Estate, LLC's Joint Motion to Continue Rule 16 Conference 29 is DENIED. This matter remains set for confere nce on Friday, August 19, 2016, at 11:00 a.m. in my Courtroom 14-South. Counsel for plaintiff American Modern Home Insurance Company; counsel for defendant Thiemann Real Estate, LLC; and pro se defendants Aaron Thomas and Aimee Thomas must appear at the conference in person. Signed by District Judge Catherine D. Perry on 8/16/2016. (CBL)
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Filing
22
MEMORANDUM AND ORDER. IT IS FURTHER ORDERED that, for good cause shown, the clerk's entries of default against defendant Aaron Thomas 11 and defendant Aimee Thomas 8 are set aside. IT IS FURTHER ORDERED that plaintiff American Modern Hom e's motions for default judgment against Aaron Thomas 12 and against Aimee Thomas 13 are denied. IT IS FURTHER ORDERED that, not later than June 3, 2016, defendant Aimee Thomas shall file a written memorandum informing the clerk of court of her address, which will then be entered upon the docket. The clerk shall mail a copy of this Order to Aimee Thomas at the address averred by plaintiff American Modern Home to be her last known address: 1703 Stoney Terrace Drive, Ballwin, MO 63021 . (See Kraushaar Affid., ECF 19.) This matter will be set for a Rule 16 conference upon defendant Thiemann Real Estate, LLC's entry of appearance. Signed by District Judge Catherine D. Perry on 5/25/16. (Copy of this Order mailed to defendant Aimee Thomas at the instructed address). (EAB)
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