M.E.E. et al v. Miles
| MEE, a minor, WJE, a minor, William Jeffries Eilert, M.E.E. and W.J.E. |
| Christine E Miles and Christine E. Miles |
| 4:2023cv01296 |
| October 13, 2023 |
| US District Court for the Eastern District of Missouri |
| Sarah E Pitlyk |
| Real Property: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| None |
Docket Report
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Filing 35
Docket Text ORDER: The preliminary injunction hearing in this matter is reset for Friday, December 15, 2023, at 1:00 PM in the courtroom of the undersigned. Additionally, with the consent of the parties, the previously entered TRO is ordered to remain in place until the newly set preliminary injunction hearing on December 15, 2023. (Hearing on Motion for Preliminary Injunction set for 12/15/2023 01:00 PM in Courtroom 16N - St. Louis before District Judge Sarah E. Pitlyk.) Signed by District Judge Sarah E. Pitlyk on 12/5/2023. (AFO)
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| Filing 34 NOTICE of Filing Deficiency re #33 Response to Motion, filed by Defendant Christine E. Miles. In accordance with Eastern District of Missouri Local Rules and the Case Management/Electronic Case Filing (CM/ECF) Procedures Manual, a filing deficiency has been identified as follows: Counsel used the wrong filing event for this document. Docket entry modified and no further action needs to be taken. The correct event to use for future filings is Memorandum in Opposition to Motion. (KEK) |
| Filing 33 MEMORANDUM IN OPPOSITION re #3 MOTION for Temporary Restraining Order and Motion for Preliminary Injunction #32 filed by Defendant Christine E. Miles. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Murtaugh, Maxwell) Modified on 11/30/2023 (KEK). |
| Filing 32 MEMORANDUM Plaintiffs' Memorandum of Law in Support of Their Motion for Preliminary Injunction by Plaintiffs M.E.E., W.J.E.. (Tolles, Michael) |
| Filing 31 ENTRY of Appearance by Matthew J. Rossiter for Defendant Christine E. Miles. (Rossiter, Matthew) |
| Filing 30 ANSWER to #1 Complaint, by Christine E. Miles.(Murtaugh, Maxwell) |
| Filing 29 ENTRY of Appearance by Maxwell G. Murtaugh for Defendant Christine E. Miles. (Murtaugh, Maxwell) |
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Filing 28
ORDER: IT IS HEREBY ORDERED that Plaintiffs' motion to extend the temporary restraining order, Doc. #27 , is GRANTED. The Court's Order of October 17, 2023, Doc. #14 , is extended through December 7, 2023. Signed by District Judge Sarah E. Pitlyk on 10/30/2023. (KEK)
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| Filing 27 Consent MOTION for Extension of: Duration of Temporary Restraining Order to and including December 7, 2023 by Plaintiffs M.E.E., W.J.E.. (Attachments: #1 Text of Proposed Order)(Tolles, Michael) |
| ***REMARK: Temporary Restraining Order Bond posted in Clerk's Office in the amount of $5,000.00 on 10/26/23, receipt number STL-18093. (JWD) |
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Filing 26
SCHEDULING ORDER: IT IS HEREBY ORDERED that the following schedule shall apply in this case, and will be modified only upon a showing of exceptional circumstances... SEE ORDER FOR FULL DETAILS. (Hearing on Motion for Preliminary Injunction set for 12/7/2023 09:00 AM in Courtroom 16N - St. Louis before District Judge Sarah E. Pitlyk.) Signed by District Judge Sarah E. Pitlyk on 10/25/2023. (ANP)
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| Filing 25 MEMORANDUM re 18 Docket Text Order, Joint Memorandum Regarding Proposed Discovery and Preliminary Injunction Briefing Schedule by Plaintiffs M.E.E., W.J.E.. (Tolles, Michael) |
| Filing 24 DISCLOSURE STATEMENT by Christine E. Miles, individually. No corporate parents or affiliates identified. (Kenagy, R.) Modified on 10/26/2023 (CBL). |
| Filing 23 DISCLOSURE STATEMENT by Christine E. Miles as as Trustee of the Helen Cecilie Eilert Revocable Living Trust dated December 15, 1993, as amended. No corporate parents or affiliates identified. (Kenagy, R.) Modified on 10/26/2023 (CBL). |
| Filing 22 DISCLOSURE STATEMENT by W.J.E.. No corporate parents or affiliates identified. (Tolles, Michael) |
| Filing 21 DISCLOSURE STATEMENT by M.E.E.. No corporate parents or affiliates identified. (Tolles, Michael) |
| Filing 20 Electronic Notice re: Disclosure Statement to Plaintiffs M.E.E., W.J.E., Defendant Christine E. Miles. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible and add all individuals and entities into CM/ECF as required # (moed-0001.pdf). (CBL) |
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Filing 19
BOND ORDER... IT IS HEREBY ORDERED that Plaintiffs shall post a bond in the amount of $5,000, which the Court deems "proper to pay the costs and damages sustained by" Defendant in the event she is later found to have been wrongfully enjoined or restrained by the TRO issued on October 17, 2023. Fed. R. Civ. P. 65(c); Doc. [ #14 ]. Plaintiffs will post security with the Court no later than Friday, October 27, 2023. Plaintiffs will comply with Eastern District of Missouri Local Rule 13.04 regarding the deposit of funds with the Court. Signed by District Judge Sarah E. Pitlyk on 10/24/2023. (cc: finance department) (NEP)
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Filing 18
Docket Text ORDER: IT IS HEREBY ORDERED that the parties will meet and confer and provide the Court with a proposed schedule for limited discovery, if necessary, and briefing of a motion for a preliminary injunction no later than Tuesday, October 24, 2023. Signed by District Judge Sarah E. Pitlyk on 10/23/2023. (ANP)
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| Filing 17 MEMORANDUM re #14 Memorandum & Order,,,, Plaintiffs' Memorandum in Response to Order to Meet and Confer by Plaintiffs M.E.E., W.J.E.. (Tolles, Michael) |
| Filing 16 RESPONSE to Motion re #4 MOTION for Bond Plaintiffs' Supplemental Brief in Response to Order Regarding Request for Bond filed by Plaintiff W.J.E.. (Tolles, Michael) |
| Filing 15 MEMORANDUM in Support of Motion re #4 MOTION for Bond filed by Defendant Christine E. Miles. (Kenagy, R.) |
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Filing 14
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the no- contest clause contained in Article VIII, Section I of the Helen Cecilie Eilert Revocable Living Trust dated December 15, 1993, as amended, is not triggered by the issues and claims raised in Counts I through IV of the Complaint. IT IS FURTHER ORDERED that Plaintiff's Motion for Temporary Restraining Order, Doc. #3 , is GRANTED for fourteen days, until November 1, 2023. IT IS FURTHER ORDERED that the parties will meet and confer and provide the Court with a proposed schedule for limited discovery, if necessary, and briefing of a motion for a preliminary injunction no later than Friday, October 20, 2023. IT IS FINALLY ORDERED that Plaintiff's Motion for Bond, Doc. #4 , is held in abeyance pending supplemental briefing by the parties. The parties will provide supplemental briefs no longer than five (5) pages by Friday, October 20, 2023. (Response to Court due by 10/20/2023.) Signed by District Judge Sarah E. Pitlyk on 10/17/2023. (AFO)
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| Filing 13 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Sarah E. Pitlyk: Motion Hearing held on 10/17/2023 re #3 MOTION for Temporary Restraining Order filed by W.J.E., M.E.E., #4 MOTION for Bond filed by W.J.E., M.E.E.. Arguments heard. Motions ruled on the record for the reasons stated. Written order to issue. (Court Reporter: Kristine Toennies, Kristine_Toennies@moed.uscourts.gov, 314-244-6701) (proceedings started: 2:47 pm) (proceedings ended: 4:20 pm) (Deputy Clerk: L. Petri)(Appearance for Plaintiff: Michael Tolles and Erica Baines)(Appearance for Defendant: Brooks Kenagy)(ANP) |
| Filing 12 AFFIDAVIT re #11 Memorandum in Opposition to Motion by Defendant Christine E. Miles. (Kenagy, R.) |
| Filing 11 MEMORANDUM in Opposition re #3 MOTION for Temporary Restraining Order filed by Defendant Christine E. Miles. (Kenagy, R.) |
| Filing 10 RESPONSE to Motion re #3 MOTION for Temporary Restraining Order filed by Defendant Christine E. Miles. (Kenagy, R.) |
| Filing 9 ENTRY of Appearance by R. Brooks Kenagy, III for Defendant Christine E. Miles. (Kenagy, R.) |
| Filing 8 SUMMONS Returned Executed filed by M.E.E., W.J.E.. Christine E. Miles served on 10/16/2023, answer due 11/6/2023. (Tolles, Michael) |
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Filing 7
Docket Text ORDER: A hearing on the motion for temporary restraining order is set for Tuesday, October 17, 2023, at 2:30 PM via Zoom. The parties will receive a separate email with the Zoom information. (Hearing on Motion for Temporary Restraining Order set for 10/17/2023 02:30 PM in Zoom Video Conference before District Judge Sarah E. Pitlyk.) Signed by District Judge Sarah E. Pitlyk on 10/16/2023. (AFO)
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| Case Opening Notification. Judge Assigned: Honorable Sarah E. Pitlyk. 1 Summons(es) issued and emailed to Michael J. Tolles. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible. # (moed-0001.pdf). (JBH) |
| Filing 6 NOTICE Requesting Hearing on Interlocutory Order: by Plaintiffs William Jeffries Eilert, MEE, a minor, WJE, a minor re #3 MOTION for Temporary Restraining Order (Tolles, Michael) |
| Filing 5 NOTICE Requesting Hearing on Motion for Temporary Restraining Order: by Plaintiffs William Jeffries Eilert, MEE, a minor, WJE, a minor re #3 MOTION for Temporary Restraining Order (Tolles, Michael) |
| Filing 4 MOTION for Bond by Plaintiffs William Jeffries Eilert, MEE, a minor, WJE, a minor. (Tolles, Michael) |
| Filing 3 MOTION for Temporary Restraining Order by Plaintiffs William Jeffries Eilert, MEE, a minor, WJE, a minor. (Attachments: #1 Supplement Memorandum in Support, #2 Text of Proposed Order, #3 Text of Proposed Order)(Tolles, Michael) |
| Filing 2 NOTICE OF PROCESS SERVER by Plaintiffs William Jeffries Eilert, MEE, a minor, WJE, a minor Process Server: Blue Panther Process Server of SA (Tolles, Michael) |
| Filing 1 COMPLAINT against defendant All Defendants with receipt number AMOEDC-10214286, in the amount of $402 Non-Jury Demand,, filed by MEE, a minor, William Jeffries Eilert, WJE, a minor. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Original Filing Form, #4 Civil Cover Sheet, #5 Summons)(Tolles, Michael) |
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