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

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)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

JO ANN HOWARD &
ASSOCIATES, P.C., et al.,
Plaintiffs,
vs.
J. DOUGLAS CASSITY, et al.,
Defendants.

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Case No. 4:09CV01252 ERW

MEMORANDUM AND ORDER

This matter comes before the Court, after independent review of the file, on “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].
On August 23, 2013, the Court entered an Order directing counsel for Plaintiffs and
counsel for Forever Defendants to appear before it to address the status of several pending
motions, including the plaintiffs’ motion to enforce payment of attorney fees. The Court set the
matter to be heard on September 11, 2013. Plaintiffs thereafter filed this motion requesting an
order requiring the presence of Forever Defendants’ officers and directors, and other defendants,
at the September 11 hearing; the Court entered an Order stating the motion to compel attendance
would be addressed at the September 11 hearing. In an Order subsequently entered on
September 18, 2013, due to receipt of certain information during the hearing, the Court held in
abeyance “Plaintiff’s Unopposed Motion for Order Requiring Personal Presence of Forever
Defendants’ Officers and Directors and Other Defendants for Questioning at September 11

Hearing” [ECF No. 1279].
Thereafter, several of the Forever Defendants’ Officers and Directors, and other
defendants, surrendered to the Bureau of Prisons to serve sentences imposed in a related criminal
case, and these defendants are located in various federal prisons. In the interim since entry of the
September 18, 2013 Order, various parties have collaborated with each other and the Court, to
arrange depositions of the incarcerated defendants. On January 14, 2014, Plaintiffs filed a “Joint
Report Regarding Depositions of Incarcerated Defendants by Plaintiffs and Defendants National
City Bank and PNC Bank” [ECF No. 1370]. In light of the preparations underway to depose
these individuals, the Court will deny, as moot, “Plaintiffs’ Unopposed Motion for Order
Requiring Personal Presence of Forever Defendants’ Officers and Directors and Other
Defendants for Questioning at September 11 Hearing.”
Accordingly,
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” [ECF No. 1258] is DENIED, as moot.
Dated this

18th

day of February, 2014.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

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