Dunne, Jr. v. Resource Converting, LLC et al
| Tom Dunne, Jr. |
| Resource Converting, LLC, Tim Danley, Rick Kersey, Sebright Products, Inc., Gary Brinkmann, NewWay Global Energy LLC, David Wolf, Jerry Flickinger and JWR, Inc. |
| 4:2016cv01351 |
| August 19, 2016 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| Within US but Outside District |
| David D. Noce |
| Other Personal Injury |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
588
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the motion of Ricardo Arce, Antonio Castro, Brittany Borck, and the law firm of Zumpano Castro PLLC for leave to withdraw as counsel of record for defendant Rick Kersey without substitute counsel [Do c. 582 ] is denied, until the Court is persuaded that the conditions set forth below are accomplished. Thereupon, Zumpano Castro PLLC may move for reconsideration. The following five conditions must be accomplished: (See order for full details.) I T IS FURTHER ORDERED that plaintiff is awarded the additional sanctions and relief requested in the Second Motion to Enforce Court Order (Doc. 545 ), on which the Court has previously reserved ruling, and plaintiffs fees and costs incurred in preparing his Third Motion to Enforce Court Order. Subject to the above, IT IS FURTHER ORDERED that the relief sought by plaintiffs third motion to enforce court order [Doc. 562 ] is GRANTED. Signed by Magistrate Judge David D. Noce on 4/24/23. (KJS)
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Filing
554
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Joint Motion to Exclude Certain Opinions of Plaintiffs Expert, Nathiel Egosi (Doc. 498 ) is DENIED. IT IS FURTHER ORDERED that Plaintiffs Motion to Exclude Expert opinion of Designated Expert W itness Michael Pratt (Doc. 512 ) is GRANTED. IT IS FURTHER ORDERED that Plaintiffs Motion to Exclude Expert opinion of Designated Expert Witness Stephen Simmons (Doc. 514 ) is GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that defendan ts motion for oral argument on Daubert motions filed by the parties (Doc. 534 ) is DENIED. IT IS FURTHER ORDERED that defendants motion for a status/scheduling conference (Doc. 542 ) is GRANTED. An in-person status conference and oral argument on p laintiffs motion to enforce the Courts order and for sanctions is set for Wednesday, July 20, 2022 at 9:00 a.m. in the courtroom of the undersigned. All counsel must appear in person. IT IS FURTHER ORDERED that the parties motions for leave to file documents under seal (Docs. 547 , 549 ) are GRANTED. ( Motion Hearing set for 7/20/2022 09:00 AM in Courtroom 17N - St. Louis before Magistrate Judge David D. Noce.). Signed by Magistrate Judge David D. Noce on 6/14/22. (KJS)
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Filing
540
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that motion of the RCI Defendants to dismiss (Doc. 479) is denied. Signed by Magistrate Judge David D. Noce on January 20, 2022. (MCB)
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Filing
476
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiffs motion to strike certain expert designations is GRANTED in its entirety. (Doc. 456 ) IT IS FURTHER ORDERED that plaintiffs motion for an extension of time to depose Bryan Lanham, Tony Lubia ni, and Ted Gentil is DENIED AS MOOT. (Doc. 462 ) IT IS FURTHER ORDERED that plaintiffs motion to supplement his reply is GRANTED. (Doc. 468 ) IT IS FURTHER ORDERED that RCI Defendants motion for leave to file response to plaintiffs motion for an extension of time is GRANTED. (Doc. 475 ) Signed by Magistrate Judge David D. Noce on 10/20/2021. (JMP)
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Filing
423
MEMORANDUM AND ORDER STAYING FURTHER PROCEEDINGS AND SETTING APPEAL BOND: IT IS HEREBY ORDERED that the motion of plaintiff to stay further proceedings in this action, including execution on and enforcement of the Court's order that costs be entered against plaintiff (Doc. 410 ), during the time this motion was pending and during appeal (Doc. 415 ) is sustained, conditioned upon plaintiff posting an acceptable bond in the amount of $50,000.00. Signed by Magistrate Judge David D. Noce on 10/1/2019. (CLO)
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Filing
410
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion to alter or amend the Court's judgment (Doc. 395 ) is denied. IT IS FURTHER ORDERED that the motion of defendants Resource Converting, LLC; Tim Danley; and Rick Kersey fo r attorney fees (Doc. 391 ) is denied. IT IS FURTHER ORDERED that, having received no objection, the Clerk of Court enter the pending bills of costs (Docs. 389 , 390 , 393 ) against plaintiff. Signed by Magistrate Judge David D. Noce on 8/9/2019. (CLO)
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Filing
385
MEMORANDUM AND ORDER: For the above reasons, IT IS HEREBY ORDERED that the motions to dismiss (Docs. 329 and 340 ) are granted. Counts 1, 2, and 4-8 are dismissed with prejudice. IT IS FURTHER ORDERED that the motions of defendants Wolf and NewWa y to dismiss (Docs. 338 and 342 ) are denied as moot. IT IS FURTHER ORDERED that defendants motion to strike plaintiffs prayer for attorney fees (Doc. 337 ) is denied as moot. An appropriate Judgment Order is issued herewith. Signed by Magistrate Judge David D. Noce on 3/19/19. (JAB)
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Filing
382
MEMORANDUM AND ORDER GRANTING MOTION FOR ATTORNEY FEES : IT IS HEREBY ORDERED that plaintiff's motion for attorney fees (Doc. 327 ) is sustained in that plaintiff is awarded attorney fees against defendants Resource Converting LLC, Tim Danley, and Rick Kersey, jointly and severally, in the amount of $27,393.50.. Signed by Magistrate Judge David D. Noce on 3/15/19. (KKS)
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Filing
314
MEMORANDUM AND ORDER COMPELLING DOCUMENT PRODUCTION AND ENFORCING PRIOR ORDER : IT IS HEREBY ORDERED that plaintiff's motion to compel and to enforce (Doc. 310 ) is GRANTED in that defendants Tim Danley, Rick Kersey, and Resource Converting , LLC, must resubmit to plaintiff the subject low-quality documents in a nonblurry, legible form digitally accessible to plaintiff, and with the same bates-stamp numbers as the original production, not later than December 1, 2018. Said defendants mus t also produce any relevant insurance agreements, and must supplement all either required or otherwise ordered disclosures and production with responsive documents that have not yet been produced. IT IS FURTHER ORDERED, pursuant to Federal Rule of Ci vil Procedure 37(a)(5)(A), that defendants Tim Danley, Rick Kersey, and Resource Converting, LLC, pay to plaintiff those attorneys fees and expenses incurred in preparing, filing, and prosecuting the second motion to compel (Doc. 310). Plaintiff may file within 30 days an affidavit and supporting documentation in support of a claim for the payment by the RCI defendants of the fees and costs resulting from the proceedings on this motion.. Signed by Magistrate Judge David D. Noce on 10/30/18. (KKS)
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Filing
278
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs motion for attorneys fees (Doc. 239 ) is sustained in that plaintiff is awarded attorneys fees against defendants Resource Converting LLC, Tim Danley, and Rick Kersey, jointly and several ly, in the following amounts: a. for attorney Barry Haith: 7.6 hours at $415 per hour ($3,154.00) b. for attorney Jonathan Waldron: 30.75 hours at $285 per hour ($8,763.75); and c. for attorney Matthew Rogers: 19 hours at $240 per hour ($4,560.00), for a total award amount of $16,477.75. Signed by Magistrate Judge David D. Noce on 4/18/18. (JAB)
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Filing
248
MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that the motion of defendants to stay these proceedings (Doc. 229 ) is DENIED. However, on this Court's own motion, because the case in Iowa is set for trial on May 14, 2018, if the cas e before the United States District Court for the Southern District of Iowa is not stayed pending the disposition of the instant case, IT IS FURTHER ORDERED that the parties in the case before this Court are directed to take no further action in this case that would impede the May 2018 trial setting of the case in Iowa.. Signed by Magistrate Judge David D. Noce on 2/7/18. (KKS)
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Filing
157
MEMORANDUM AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS MOTIONS TO DISMISS: IT IS HEREBY ORDERED that the motions of defendants to dismiss (ECF Nos. 122 , 124 , 127 , 129 , 135 ) are granted in part as follows: a. Count III is di smissed; b. Count IV is dismissed as to all defendants except Resource Converting, LLC, and NewWay Global Energy, LLC; and c. Counts V, VI, VII, and VIII are dismissed. In all other respects the motions to dismiss are denied. This case will proceed on the following claims: 1. Count I against all defendants; 2. Count II against Resource Converting, LLC; and 3. Count IV against defendants Resource Converting, LLC, and NewWay Global Energy, LLC. IT IS FURTHER ORDERED that the Case Management Order, issued December 6, 2016 (ECF No. 98 ) remains in effect. Signed by Magistrate Judge David D. Noce on 5/24/2017. (CLO)
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Filing
107
MEMORANDUM AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTIONS TO DISMISS: IT IS HEREBY ORDERED that the motions of defendants to dismiss (ECF Nos. 35 , 48 , 51 , 57 ) are granted, in that Counts I, II, III, V, VI, VII, and VIII of plaintiff's complaint are dismissed without prejudice, with leave to amend within thirty days of this date. IT IS FURTHER ORDERED that defendants alternative motion for a more definite statement (ECF No. 51 ) is denied as moot. Signed by Magistrate Judge David D. Noce on 2/13/17. (JAB)
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Filing
97
MEMORANDUM AND ORDER DENYING MOTION TO TRANSFER: IT IS HEREBY ORDERED that defendants' motion to transfer (ECF No. 55 ) is denied. The court will proceed to issue its Case Management Order and to set a hearing on the pending motions to dismis s. IT IS FURTHER ORDERED that a status conference and oral argument on the currently pending motion to dismiss is set for January 13, 2017, at 10:00 am. ( Status Conference set for 1/13/2017 10:00 AM in Courtroom 17N before Magistrate Judge David D. Noce.). Signed by Magistrate Judge David D. Noce on 12/6/2016. (CLO)
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