Bank of America, N.A. v. Magruder Construction Co., Inc.

Filing 161

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED THAT Atec Liquidations, Inc.'s Motion to Dismiss the Motion to Oppose Atec's Release Filed by Philip Gali 160 is GRANTED. IT IS FURTHER ORDERED that Philip Gali's pro se Motion to Oppose W ithdrawal of Pleading 158 and Motion to Oppose Atec's Release 159 are DENIED for lack of standing. IT IS FURTHER ORDERED that the Clerk of Court shall mail a copy of this Order to Mr. Philip Gali. Signed by District Judge John A. Ross on 1/28/15. (JWD)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

BANK OF AMERICA, N.A.,
Plaintiff,
v.
MAGRUDER CONSTRUCTION CO., INC.,
Defendant.

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No. 4:14-CV-809-JAR

MEMORANDUM AND ORDER
This matter is before the Court on Philip Gali’s pro se Motions to Oppose Withdrawal of
Pleading (Doc. No. 158) and Atec’s Release (Doc. No. 159) and Atec Liquidations, Inc.’s
Motion to Dismiss the Motion to Oppose Atec’s Release Filed by Philip Gali for lack of
standing. (Doc. No. 160)
The Court previously granted Mr. Gali leave to intervene in this case as Trustee of the
Employee Stock Ownership Trust. (Doc. No. 80) In its motion to dismiss, Atec states that as part
of a global settlement leading to the refinancing of the Magruder Construction Company debt to
Bank of America, Mr. Gali agreed to resign as a director of Magruder Construction Company
and as trustee of the Employee Stock Ownership Trust. His resignation was accepted by
unanimous written consent of the Board of Directors of Magruder Construction Company on
December 30, 2014. (See Doc. No. 160-1) Because Mr. Gali is no longer the Trustee of the
Employee Stock Ownership Trust, he lacks standing to assert his motions. Accordingly, Atec’s
motion to dismiss will be granted and Mr. Gali’s motions denied for lack of standing.

Even if Mr. Gali had standing, the Court would find that his motions, construed together
as a motion for reconsideration, should be denied. Over the course of this litigation, the Court
held numerous hearings with the parties, many of which Mr. Gali attended in person. After
careful consideration of all of the actions taken herein, the Court finds no basis for reconsidering
the rulings made.
Accordingly,
IT IS HEREBY ORDERED THAT Atec Liquidations, Inc.’s Motion to Dismiss the
Motion to Oppose Atec’s Release Filed by Philip Gali [160] is GRANTED.
IT IS FURTHER ORDERED that Philip Gali’s pro se Motion to Oppose Withdrawal of
Pleading [158] and Motion to Oppose Atec’s Release [159] are DENIED for lack of standing.
IT IS FURTHER ORDERED that the Clerk of Court shall mail a copy of this Order to
Mr. Philip Gali.

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JOHN A. ROSS
UNITED STATES DISTRICT JUDGE
Dated this 28th day of January, 2015.

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