Kearney Trust Company v. Taylor et al

Filing 69

ORDERED Robert Mihailovich, Sr.s Third Party Intervention and Joint Complaint as a Matter of Right Pursuant to F.R.C.P Rule 14(a) and Rule 18 (Doc. # 66 is DENIED IN PART and GRANTED IN PART. IT IS FURTHER ORDERED Robert Mihailovich, Sr.s Motion f or Continuance by Third Party Intervention and Joint Complaint (Doc. # 68 is hereby DENIED.IT IS FURTHER ORDERED Robert Mihailovich, Sr. will have the opportunity to establish his right to the interpleaded funds by a preponderance of the evidence at the bench trial, commencing at 9:00 a.m., on August 27, 2012, at the United States District Courthouse in Kansas City, Missouri. Signed on 8/23/2012 by District Judge Brian C. Wimes. (Baldwin, Joella)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
THOMAS H. GORDON,
Plaintiff,
v.
ROGER POWELL, et al.,
Defendants.

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Case No. 4:11-CV-01228-BCW

ORDER
Before the Court is Defendants’ Motion to Dismiss Pursuant to FRCP 12(b)(6) or
Alternatively for Judgment on the Pleadings Pursuant to FRCP 12(c) (Doc. #12),
Defendants’ Motion to Strike Plaintiff’s “Complaint for Defendants Bad Faith
Mediation,” or in the Alternative to Dismiss Plaintiff’s “Complaint for Defendants Bad
Faith Mediation” for Failure to State a Claim upon which Relief can be Granted (Doc.
#22), and Plaintiff’s Motion to File Amended Supplement Complaint for Defendants Bad
Faith Mediation (Doc. #35).
The Court held a pretrial conference in this matter on August 22, 2012 regarding
these motions. The Court being duly advised of the premises, having held a conference in
this matter, and for good cause shown, finds the following:
Pursuant to this Court’s Order (Doc. #33), Plaintiff’s Motion to File Amended
Supplement Complaint for Bad Faith Mediation (Doc. #35) is granted. Based on
Plaintiff’s representations at the pretrial conference, the Court construes this pleading as
Plaintiff’s Amended Complaint. The Amended Complaint is deemed filed August 13,
2012. Defendants’ Motion to Dismiss (Doc. #12) and Defendants’ Motion to Strike (Doc.

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#22) are denied as moot. In the event Defendants file a Motion to Dismiss Plaintiff’s
Amended Complaint, the Court’s Rule 16 Notice (Doc. #30) will be stayed pending
ruling on said Motion. Accordingly, it is hereby
ORDERED Plaintiff’s Motion to File Amended Supplement Complaint for
Defendants Bad Faith Mediation (Doc. #35) is GRANTED. Plaintiff’s Amended
Complaint shall be deemed filed on August 13, 2012. It is further
ORDERED Defendants’ Motion to Dismiss (Doc. #12) is DENIED as moot. It is
further
ORDERED Defendants’ Motion to Strike (Doc. #22) is DENIED as moot. It is
further
ORDERED in the event Defendants file a Motion to Dismiss Plaintiff’s Amended
Complaint, the Court’s Rule 16 Notice (Doc. #30), will be stayed pending the Court’s
ruling on said Motion.
IT IS SO ORDERED.

DATED: August 23, 2012
/s/ Brian C. Wimes
JUDGE BRIAN C. WIMES
UNITED STATES DISTRICT COURT

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