Enterprise Financial Group, Inc. v. Podhorn et al

Filing 41

OPINION, MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Emergency Motion for Leave to File Plaintiffs Second Amended Complaint and Plaintiffs Motion to Reconsider the Courts Order Granting Defendant CAPDEV, LLCs Emergency Motion to Cancel Plaintif fs Notice of Lis Pendens, [Doc. No. 35 ], is denied in part. The Motion to Reconsider portion of the Motion is denied. IT IS FURTHER ORDERED that Plaintiffs Motion to Amend, is taken under submission. Signed by District Judge Henry Edward Autrey on 12/21/17. (JAB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ENTERPRISE FINANCIAL GROUP, INC.,
Plaintiff,
v.
RICHARD PODHORN, et al.
Defendants.

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OPINION, MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s Emergency Motion for Leave
to File Plaintiff’s Second Amended Complaint and Plaintiff’s Emergency Motion
to Reconsider the Court’s Order Granting Defendant CapDev, LLC’s Emergency
Motion to Cancel Plaintiff’s Notice of Lis Pendens, [Doc. No. 35]. For the reasons
set forth below, the Motion is denied in part, and taken under submission in part.
Plaintiff seeks to amend its complaint and have the court reconsider its
Opinion, Memorandum and Order of December 20, 2017, in which the Court
ordered Plaintiff to cancel the lis pendens that was filed in the Recorder of Deeds
of St. Charles County, Missouri. For its initial reason to reconsider, Plaintiff
argues that if it is granted leave to amend its Amended Complaint, the Court’s
rationale for requiring the cancellation will be cured. At this point, this reason is
premature.

Plaintiff also urges reconsideration because a lis pendens cannot be
“released” absent a final judgment under Missouri law. The Court, however, did
not order the “release,” as it agrees with Plaintiff’s discussion regarding final
judgments. The Court, however, issued its Order to “cancel” the lis pendens
because the Court is of the opinion that the lis pendens was improperly filed in this
matter. As such, the Court ordered Plaintiff to, in effect, withdraw/cancel/remove
the filing in the Recorder’s Office. It is not a release, and therefore requires no
final judgment at this point.
Accordingly,
IT IS HEREBY ORDERED that Emergency Motion for Leave to File
Plaintiff’s Second Amended Complaint and Plaintiff’s Motion to Reconsider the
Court’s Order Granting Defendant CAPDEV, LLC’s Emergency Motion to Cancel
Plaintiff’s Notice of Lis Pendens, [Doc. No. 35], is denied in part. The Motion to
Reconsider portion of the Motion is denied.
IT IS FURTHER ORDERED that Plaintiff’s Motion to Amend, is taken
under submission.
Dated this 21st day of December, 2017.

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HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE
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