M&I Marshall & Ilsley Bank v. Sunrise Farms Development, LLC, f/k/a Rausch Coleman Cray, LLC, et al

Filing 148

ORDER granting 146 motion to continue show cause hearing (Hearing set for 5/11/2023, at 9:30 AM in Courtroom 8B, Kansas City before District Judge Roseann Ketchmark); granting 147 motion for appointment of process server. Signed on 3/13/2023 by District Judge Roseann Ketchmark. (Skelton, Sara)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
M&I MARSHALL & ILSLEY BANK,
VINCENT D VOGLER,
Plaintiffs,
v.
SUNRISE FARMS DEVELOPMENT,
LLC, ERNEST R. COLEMAN SR.,
DANIEL E. WHITNEY, GARY
MADDOCK, BYARS & 150
ENTERPRISES, LLC, THE MADDOCK
GROUP, LLC, FAMILY LAND
INVESTORS, LLC,
Defendants.

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Case No. 4:10-00627-CV-RK

AMENDED ORDER TO SHOW CAUSE
This matter is before the Court on the motion for revival of judgment pursuant to Missouri
Supreme Court Rule 74.09 filed by Plaintiff M&I Marshall & Ilsley Bank (“Bank”). (Doc. 136.)
Rule 69(a) of the Federal Rules of Civil Procedure provides that the process to enforce a judgment
for the payment of money shall be a writ of execution, unless the court directs otherwise. “The
procedure on execution – and in proceedings supplementary to and in aid of judgment or execution
– must accord with the procedure of the state where the court is located, but a federal statute
governs to the extent it applies.” Fed. R. Civ. P. 69(a).
Under Missouri law, “[a] judgment may be revived by order of the court that entered it
pursuant to a motion for revival filed by a judgment creditor within ten years after entry of the
judgment or the last prior revival of the judgment.” Mo. R. Civ. P. 74.09(a); see Mo. Rev. Stat.
§§ 511.370-511.430. “Upon the filing of a motion of revival of a judgment, an order shall issue
to the judgment debtor to show cause on a day certain why such judgment should not be revived.
The order to show cause shall be served pursuant to Rule 54 on the judgment debtor, his successors
in interest, or his legal representatives.” Mo. R. Civ. P. 74.09(b). Under Missouri Rule of Civil
Procedure 54.14(a)(2), personal service outside the state, as requested by Plaintiff, may be served
“[b]y a person appointed by the court in which the action is pending.”

Case 4:10-cv-00627-RK Document 148 Filed 03/13/23 Page 1 of 2

In this case, judgment was entered on February 1, 2013, against Defendants Sunrise Farms
Development, LLC, f/k/a Rausch Coleman Cray, LLC, and Ernest Coleman, Sr., among others,
jointly and severally, in the amount of $2,353,465.04 plus postjudgment interest to accrue at the
highest lawful rate plus costs and fees, which includes reasonable attorneys’ fees, incurred by the
Bank in enforcing the judgment. (Doc. 137.) Plaintiff filed a motion for revival of judgment on
October 12, 2022 (Doc. 136), which is within the ten-year time limit under Missouri law.
Accordingly, the Court now issues this Order directed to subject defendants to show cause why
the judgment in this action should not be revived. Plaintiff has also filed a motion for appointment
of process server. (Doc. 147.)
Accordingly,
IT IS HEREBY ORDERED that Defendants Sunrise Farms Development, LLC, f/k/a
Rausch Coleman Cray, LLC, and Ernest Coleman, Sr., shall appear for a show cause hearing on
Thursday, May 11, 2023, at 9:30 a.m., in Courtroom 8B. Defendants should be prepared to
show cause why the judgment in this action should not be revived.
IT IS FURTHER ORDERED that Plaintiff shall cause this order to be personally served
on said Defendants and shall promptly file proof of service of this Order with the Clerk of Court.
IT IS FURTHER ORDERED that Plaintiff’s motion for appointment of process server
(Doc. 147) is GRANTED. Justin Goodhart of Goodhart Services, LLC, PO Box 912, Prairie
Grove, AR 72753 is appointed to serve this order on Defendants Sunrise Farms Development,
LLC, f/k/a Rausch Coleman Cray, LLC, and Ernest Coleman, Sr.
IT IS SO ORDERED.
s/ Roseann A. Ketchmark
ROSEANN A. KETCHMARK, JUDGE
UNITED STATES DISTRICT COURT
DATED: March 13, 2023

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Case 4:10-cv-00627-RK Document 148 Filed 03/13/23 Page 2 of 2