Roach v. Folio Cafe LLC et al

Filing 11

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Temporary Restraining Order issued on November 28, 2017, is VACATED in light of Plaintiff withdrawing his motion for temporary restraining order. IT IS FURTHER ORDERED that this matter is STAYED as to Defendant Tim Fortier in light of the automatic stay in place during his bankruptcy proceeding. IT IS FINALLY ORDERED that all proceedings in this matter are STAYED. The parties shall file, on or before January 2, 2017, dismissal papers dismissing the case. Failure to comply may result in the dismissal of the case by the Court.. Signed by District Judge Audrey G. Fleissig on November 30, 2017. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
VINCENT ERIC ROACH,
Plaintiff,
v.
FOLIO CAFÉ, LLC, TIM FORTIER,
AND CATHERINE IRENE FORTIER,
Defendants.

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Case No. 4:17-cv-02721-AGF

MEMORANDUM & ORDER
This matter is before the Court on the ex parte motion of Plaintiff Vincent Eric
Roach for a temporary restraining order (“TRO”). After an ex parte hearing on
November 28, 2017, the Court granted Plaintiff’s motion and entered a TRO enjoining
Defendants from withdrawing or transferring money into or out of three bank accounts
related to the operation of Folio Café, LLC. ECF No. 7. The Court set the matter for
another hearing on November 30, 2017, and ordered Plaintiff to effect service and
provide notice of the TRO to Defendants. While attempting to do so, Plaintiff learned
that Defendant Tim Fortier had filed a bankruptcy petition in the Bankruptcy Court for
the Western District of Missouri on October 17, 2017.
On November 30, 2017, at 8:00 a.m., the Court held a hearing on Plaintiff’s
motion for temporary restraining order. Plaintiff and Plaintiff’s counsel appeared in
person, and Defendant Tim Fortier attended by telephone. Defendant Tim Fortier stated
that he was able to act as a representative of Defendant Folio Café, LLC. He also

informed the Court that his wife, Defendant Catherine Fortier, declined to participate in
the hearing. The parties informed the Court that they had reached a tentative resolution
of the matter and requested that Plaintiff’s motion for temporary restraining order be
withdrawn while the parties finalize settlement.
Accordingly,
IT IS HEREBY ORDERED that the Temporary Restraining Order issued on
November 28, 2017, is VACATED in light of Plaintiff withdrawing his motion for
temporary restraining order.
IT IS FURTHER ORDERED that this matter is STAYED as to Defendant Tim
Fortier in light of the automatic stay in place during his bankruptcy proceeding.
IT IS FINALLY ORDERED that all proceedings in this matter are STAYED.
The parties shall file, on or before January 2, 2017, dismissal papers dismissing the case.
Failure to comply may result in the dismissal of the case by the Court.

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AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 30th day of November, 2017.

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