Phyllis Schafly Revocable Trust et al v. Cori et al

Filing 107

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs motion to lift stay (Doc. No. 101 ) is DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that this case shall remain STAYED. IT IS FURTHER ORDERED that, on or before March 24, 2020, Plainti ffs and Defendants shall each file a status report regarding all other related lawsuits. IT IS FURTHER ORDERED that the parties shall file a notice updating the Court of any judgments entered in the Madison County or St. Louis County probate case within ten (10) days of the entry of judgment. Signed by District Judge John A. Ross on 1/24/20. (JAB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
PHYLLIS SCHLAFLY REVOCABLE
TRUST, et al.,
Plaintiffs,
vs.
ANNE CORI, et al.,
Defendants.

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Case No. 4:16-cv-01631-JAR

MEMORANDUM & ORDER
This matter comes before the Court on Plaintiffs’ motion to lift stay. (Doc. No. 101). On
January 16, 2020, the Court held a hearing on the motion to lift stay and, following the hearing, the
Individual Defendants, 1 with leave of the Court, filed their opposition to the motion. (Doc. No. 106).
The Individual Defendants maintain that the ongoing nature of related lawsuits in various jurisdictions
demonstrate that the risk of inconsistent rulings is greater today than when the Court first entered a
stay in this case. The Individual Defendants further state that two of those related cases are set for trial
in the foreseeable future: the St. Louis County probate case is set for trial on January 27, 2020, and the
Madison County, Illinois case is set for trial on February 18, 2020. The Individual Defendants request
that the stay remain in place until final resolution of all related litigation or, in the alternative, that the
stay be extended to allow final judgments to be entered in the Madison County and St. Louis County
probate cases.
The Court originally entered a stay in this case because the property and claims at issue in this
litigation were also pending in other jurisdictions. After reviewing the parties’ briefing on the issue, it

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The Individual Defendants include Anne Schlafly Cori, Eunie Smith, Cathie Adams, Carolyn
McLarty, Rosina Kovar, and Shirley Curry, who are named Defendants in this action and represented
by the same attorney.

appears to the Court that the Madison County and St. Louis probate cases still have a direct impact on
the issues in this lawsuit. Specifically, the Madison County lawsuit involves a claim seeking a
declaratory judgment regarding ownership of the Schlafly Database and other property. Ownership of
Phyllis Schlafly’s name, image, and likeness is central to the St. Louis County probate case. These
issues overlap with issues before this Court. Moreover, it appears that the St. Louis County probate
action could impact Plaintiffs’ standing to bring certain claims in this litigation.
Thus, upon careful consideration, the Court will keep the stay in place for a short period of
time. The Court believes that a short stay is appropriate and advances the interest of conserving
judicial resources because the trials scheduled in the Madison County and St. Louis County probate
cases bear on issues related to this case. Therefore, the stay continues to be appropriate, particularly
because trials in those cases are imminent.
Accordingly,
IT IS HEREBY ORDERED that Plaintiffs’ motion to lift stay (Doc. No. 101) is DENIED
WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that this case shall remain STAYED.
IT IS FURTHER ORDERED that, on or before March 24, 2020, Plaintiffs and Defendants
shall each file a status report regarding all other related lawsuits.
IT IS FURTHER ORDERED that the parties shall file a notice updating the Court of any
judgments entered in the Madison County or St. Louis County probate case within ten (10) days of the
entry of judgment.
_______________________________
JOHN A. ROSS
UNITED STATES DISTRICT JUDGE
Dated this 24th day of January, 2020.
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