Winner Road Properties, LLC v. BMO Harris Bank, N.A.
Plaintiff: Winner Road Properties, LLC
Defendant: BMO Harris Bank N.A.
Case Number: 4:2016cv01395
Filed: August 30, 2016
Court: US District Court for the Eastern District of Missouri
Office: St. Louis Office
County: Within US but Outside District
Presiding Judge: Charles A. Shaw
Nature of Suit: Other Contract
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
June 3, 2019 Opinion or Order Filing 162 MEMORANDUM AND ORDER -...IT IS HEREBY ORDERED that Cross Defendant Jo Ann Howard & Associates, P.C.'s Motion to Abstain or, Alternatively, Motion to Abate and Motion for More Definite Statement is GRANTED, in part. Consistent with the terms of this Memorandum and Order, Cross Defendant Jo Ann Howard & Associates, P.C.'s motion to abstain is GRANTED to the extent that the Court shall stay this matter pending resolution of the relevant matters in the Texas Receivership Li tigation. In all other respects, the motion is DENIED as moot. [Doc. 131]. IT IS FURTHER ORDERED that the Clerk of the Court shall administratively close this file, which shall be subject to reopening on motion as set forth in this Memorandum and Order. Signed by District Judge Charles A. Shaw on 6/3/2019. (MRC)
April 11, 2019 Opinion or Order Filing 154 MEMORANDUM AND ORDER -....IT IS HEREBY ORDERED that on or before April 22, 2019, Jo Ann Howard & Associates, P.C., shall file a memorandum addressing the effect of the settlement agreement between BMO Harris Bank, N.A. and the Special Deput y Receiver in Jo Ann Howard & Assocs., P.C. v. Cassity, 4:09-CV-1252 ERW (E.D. Mo. filed Aug. 6, 2009) on the receivership estate's interest in the Third Amended and Restated Agreement for Mount Washington Cemetery Preneed Trust, also known as the Merchandise and Services Trust. IT IS FURTHER ORDERED that Winner Road Properties, LLC, and BMO Harris Bank, shall file their responses, if necessary, on or before May 2, 2019. Response to Court due by 4/22/2019.. Signed by District Judge Charles A. Shaw on 4/11/2019. (MRC)
March 14, 2019 Opinion or Order Filing 147 MEMORANDUM AND ORDER -...IT IS HEREBY ORDERED that consistent with the terms of this Memorandum and Order,on or before March 22, 2019, Jo Ann Howard & Associates, P.C., shall file a memorandum,supported by any relevant exhibits, to establi sh that the Third Amended and Restated Agreement for Mount Washington Cemetery Preneed Trust, also known as the Merchandise and Services Trust,currently belongs to the receivership estate in State of Texas v. Memorial Service Life Insurance Co mpany, et al., No. D-1-GV-08-000945 (250th Dist. Ct., Travis Cnty, Tex. filed Sept. 12, 2008). IT IS FURTHER ORDERED that Winner Road Properties, LLC, and BMO Harris Bank,shall file their responses on or before March 29, 2019. Response to Court due by 3/22/2019.. Signed by District Judge Charles A. Shaw on 3/14/2019. (MRC)
May 16, 2018 Opinion or Order Filing 110 MEMORANDUM AND ORDER -....IT IS HEREBY ORDERED that Defendant BMO Harris Bank N.A.'s motion to join Jo Ann Howard & Associates, P.C. in its capacity as Special Deputy Receiver, pursuant to Rule 19(a) or 20 of the Federal Rules of Civil Procedure is DENIED, without prejudice. [Doc. 97] IT IS FURTHER ORDERED that consistent with the terms of this Memorandum and Order, BMO Harris Bank, N.A. shall have fifteen (15) days from the date of this Memorandum and Order to file an am ended motion to join Jo Ann Howard & Associates, P.C. in its capacity as Special Deputy Receiver, as a party to this suit. IT IS FURTHER ORDERED that the parties' joint motion to stay the Court's Order referring this case to ADR is DENIED without prejudice. [Doc. 105] ( Response to Court due by 5/31/2018.) Signed by District Judge Charles A. Shaw on 5/16/2018. (MRC)
September 28, 2017 Opinion or Order Filing 84 MEMORANDUM AND ORDER -.....IT IS HEREBY ORDERED that defendant BMO Harris Bank, N.A.'s re-filed motion to dismiss is GRANTED in part and DENIED in part. [Doc. 49] The motion is granted as to Counts I and IV, and denied in all other re spects. IT IS FURTHER ORDERED that defendant BMO Harris Bank, N.A.'s re-filed motion to stay discovery is DENIED as moot [Doc. 52] An appropriate Order of Partial Dismissal will accompany this Memorandum and Order. Signed by District Judge Charles A. Shaw on 9/28/2017. (MRC)
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Plaintiff: Winner Road Properties, LLC
Represented By: Hayley C. Ellison
Represented By: David Wayne Elrod
Represented By: Thomas M. Franklin
Represented By: Worthy Waring Walker
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Defendant: BMO Harris Bank N.A.
Represented By: W. Perry Brandt
Represented By: Timothy John Davis
Represented By: Lawrence R. Desideri
Represented By: James Dale Lawrence
Represented By: Brook R Long
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