Morgan v. Vogler Law Firm, P.C. et al

Filing 180

MEMORANDUM AND ORDER..DENYING re: 176 MOTION for Default Judgment as to Party garnishee Vogler & Associates, LLC filed by Plaintiff Jesse L. Morgan,..GRANTING.. 177 MOTION for Leave to File Answers to Interrogatories filed by Garnishee Vogler and Associates LLC. Signed by District Judge Stephen N. Limbaugh, Jr on 10/14/21. (MRS)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JESSE L. MORGAN,

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Plaintiff,
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vs.
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THE VOGLER LAW FIRM, P.C., et al., )
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Defendants,
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)

Case No. 4:15-CV-1654 SNLJ

MEMORANDUM & ORDER
Plaintiff brought this lawsuit against his former landlord Ronald K. Reynolds and
law firm Vogler Law Firm, P.C., and others, that were involved in plaintiff’s eviction and
who filed a collection lawsuit against plaintiff. The Court granted summary judgment to
plaintiff on his Count I for Violations of the Fair Debt Collection Practices Act, 15
U.S.C. § 1692, et seq. (“FDCPA”), against the Vogler Law Firm, Vincent D. Vogler, and
Vincent V. Vogler (“Vogler defendants”), and on Count II for Violations of the Missouri
Merchandising Practices Act, § 407.010 RSMo (“MMPA”) against Ronald Reynolds.
Ultimately, a judgment of $46,642.10 is outstanding against the Vogler defendants
following the defendants’ unsuccessful appeal. The Vogler defendants ceased operations
under the Vogler Law Firm name and registered a new business name, Vogler &
Associates, LLC. On June 2, 2021, plaintiff served the individual Vogler defendants’
new employer, Vogler & Associates, with a Writ of Execution and Interrogatories to
Garnishee with an alleged return date of June 30, 2021. Plaintiff filed a motion for
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default judgment against Vogler & Associates on July 30, 2021 because Vogler &
Associates did not respond to the interrogatories by June 30.
Vogler & Associates responds that because it had 30 days in which to answer the
interrogatories, the due date was July 2, not June 30. Vogler & Associates says that it
served its responses on July 1 and that, as a result, the motion should be denied as moot.
Notably, plaintiff did not file a reply brief in support of its motion nor otherwise refute
anything Vogler & Associates stated.
Accordingly,
IT IS HEREBY ORDERED THAT plaintiff’s motion for entry of judgment
against garnishee [#176] is DENIED as moot.
IT IS FURTHER ORDERED that Vogler & Associates, LLC’s motion to file
interrogatory responses [#177], there being no objection thereto, is GRANTED.

Dated this 14th day of October, 2021.
_______________________________

STEPHEN N. LIMBAUGH, JR.
SENIOR UNITED STATES DISTRICT JUDGE

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