This case was last updated from PACER on 06/06/2016 at 02:13:34 (UTC).

McDermott v. Barton, III

Case Summary

On 06/18/2014 McDermott filed an Other lawsuit against Barton, III. This case was filed in U.S. District Courts, Illinois Southern District. The Judges overseeing this case are Judge Nancy J. Rosenstengel and Magistrate Judge Philip M. Frazier. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:14-CV-00704

  • Filing Date:

    06/18/2014

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    U.S. District Courts

  • Courthouse:

    Illinois Southern District

Judge Details

Judge

Judge Nancy J. Rosenstengel

Referral Judge

Magistrate Judge Philip M. Frazier

 

Party Details

Plaintiff

Scott McDermott

Defendant

Dennis J. Barton, III

Chesterfield, MO 63005

Attorney/Law Firm Details

Plaintiff Attorney

James W. Eason

Attorney at The Eason Law Firm, LLC

124 Gay Avenue, Suite 200

Saint Louis, MO 63105

Defendant Attorneys

Terrance J. Good

Attorney at Lashly & Baer PC

714 Locust Street

St. Louis, MO 63101

Dennis J. Barton, III

Attorney at Barton Law Group

17600 Chesterfield Airport Road, Suite B7

Chesterfield, MO 63005

 

Court Documents

#1

(#1) Case Opened. Documents may now be electronically filed. Case number 14-704-NJR-PMF must be placed on all documents prior to filing them electronically. (Attachments: # 1 Consent to Magistrate Judge)(anm) (Entered: 06/18/2014)

#2

(#2) COMPLAINT against Dennis J. Barton, III ( Filing fee $ 400 receipt number 0754-2321424.), filed by Scott McDermott. (Attachments: # 1 Exhibit Affidavit, # 2 Civil Cover Sheet)(Eason, James) (Entered: 06/18/2014)

#3

(#3) Summons Issued as to Dennis J. Barton, III. (anm) (Entered: 06/18/2014)

#4

(#4) SUMMONS Returned Executed by Scott McDermott. Dennis J. Barton, III served on 6/25/2014, answer due 7/16/2014. (Eason, James) (Entered: 06/27/2014)

#5

(#5) MOTION for Extension of Time to File Answer re 2 Complaint by Dennis J. Barton, III. (Barton, Dennis) (Entered: 07/13/2014)

#6

(#6) ORDER granting 5 Motion for Extension of Time to Answer. A responsive pleading is now due from Dennis J. Barton, III by 8/15/2014. Signed by Magistrate Judge Philip M. Frazier on 7/14/2014. (kls)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/14/2014)

#7

(#7) CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Barton, Dennis) (Entered: 07/15/2014)

#8

(#8) MOTION for Summary Judgment by Scott McDermott. Responses due by 9/2/2014 (Eason, James) (Entered: 07/29/2014)

#9

(#9) MEMORANDUM in Support re 8 MOTION for Summary Judgment filed by Scott McDermott. (Attachments: # 1 Statement of Uncontroverted Facts, # 2 Exhibit 1 Affidavit of Plaintiff File copy, # 3 Exhibit 2 Default Judgment, # 4 Exhibit 3 Affidavit of Service, # 5 Exhibit 4 Notice of Wage Deduction, # 6 Exhibit 5 Affidavit of Laura Frame, # 7 Exhibit 6 Case List)(Eason, James) (Entered: 07/29/2014)

#39

(#39) NOTICE OF CANCELLATION of Hearing: Settlement Conference set for 3/16/2015 9:00 AM in Benton Courthouse before Magistrate Judge Philip M. Frazier is cancelled. (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/13/2015)

#38

(#38) NOTICE of Settlement by Scott McDermott (Eason, James) (Entered: 03/12/2015)

#37

(#37) ORDER FOR SETTLEMENT CONFERENCE: Settlement Conference set for 3/16/2015 9:00 AM in Benton Courthouse before Magistrate Judge Philip M. Frazier. Settlement statements to be submitted by 3/9/2015. Signed by Magistrate Judge Philip M. Frazier on 1/14/2015. (krm) (Entered: 01/14/2015)

#36

(#36) Minute Entry for proceedings held before Magistrate Judge Philip M. Frazier: Scheduling and Discovery Conference held on 1/13/2015. A Scheduling and Discovery Order will not be entered at this time. A Settlement Conference will be set by separate order for 3/16/2015 9:00 AM before Magistrate Judge Frazier in Benton. Appearances: James W. Eason for Plaintiff. Terrance J. Good for Defendant. (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/14/2015)

#35

(#35) ORDER re 28 Notice of Scheduling and Discovery Conference. The Scheduling and Discovery Conference presently set for 1/9/2015 at 9:45 is CONTINUED to 1/13/2015 at 11:45 AM via telephone before Magistrate Judge Philip M. Frazier. Counsel for plaintiff is responsible for placing the conference call. The telephone number for the Court is 618-439-7750. Lead counsel must participate in the conference call. Signed by Magistrate Judge Philip M. Frazier on 1/8/2015. (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/08/2015)

#34

(#34) ANSWER to 33 Amended Complaint (Second) by Dennis J. Barton, III.(Good, Terrance) (Entered: 12/29/2014)

#33

(#33) AMENDED COMPLAINT Second Amended Complaint against Dennis J. Barton, III, filed by Scott McDermott. (Attachments: # 1 Exhibit)(Eason, James) (Entered: 12/15/2014)

#32

(#32) NOTICE of Appearance by Terrance J. Good on behalf of Dennis J. Barton, III (Good, Terrance) (Entered: 12/10/2014)

#31

(#31) Transcript of MOTION TO DISMISS held on 11/24/2014, before Judge Nancy J. Rosenstengel. Court Reporter Molly Clayton, Telephone number 618.482.9226. NOTICE: Attorneys and unrepresented parties have 7 calendar days to file a Notice of Intent to Request Redaction of this transcript and 21 calendar days to file a Redaction Request. If redactions are not requested, the transcript will be made remotely available to the public without redaction after 90 calendar days. See the full Transcript Policy on the website at http://www.ilsd.uscourts.gov/forms/TransPolicy.pdf Transcript may be viewed at the public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/30/2014. Redacted Transcript Deadline set for 1/9/2015. Release of Transcript Restriction set for 3/9/2015. (mnc) (Entered: 12/09/2014)

39 More Documents Available

 

Docket Entries

  • 03/13/2015
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  • (#39) NOTICE OF CANCELLATION of Hearing: Settlement Conference set for 3/16/2015 9:00 AM in Benton Courthouse before Magistrate Judge Philip M. Frazier is cancelled. (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/13/2015)

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  • 03/12/2015
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  • (#38) NOTICE of Settlement by Scott McDermott (Eason, James) (Entered: 03/12/2015)

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  • 01/14/2015
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  • (#37) ORDER FOR SETTLEMENT CONFERENCE: Settlement Conference set for 3/16/2015 9:00 AM in Benton Courthouse before Magistrate Judge Philip M. Frazier. Settlement statements to be submitted by 3/9/2015. Signed by Magistrate Judge Philip M. Frazier on 1/14/2015. (krm) (Entered: 01/14/2015)

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  • 01/13/2015
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  • (#36) Minute Entry for proceedings held before Magistrate Judge Philip M. Frazier: Scheduling and Discovery Conference held on 1/13/2015. A Scheduling and Discovery Order will not be entered at this time. A Settlement Conference will be set by separate order for 3/16/2015 9:00 AM before Magistrate Judge Frazier in Benton. Appearances: James W. Eason for Plaintiff. Terrance J. Good for Defendant. (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/14/2015)

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  • 01/08/2015
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  • (#35) ORDER re 28 Notice of Scheduling and Discovery Conference. The Scheduling and Discovery Conference presently set for 1/9/2015 at 9:45 is CONTINUED to 1/13/2015 at 11:45 AM via telephone before Magistrate Judge Philip M. Frazier. Counsel for plaintiff is responsible for placing the conference call. The telephone number for the Court is 618-439-7750. Lead counsel must participate in the conference call. Signed by Magistrate Judge Philip M. Frazier on 1/8/2015. (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/08/2015)

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  • 12/29/2014
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  • (#34) ANSWER to 33 Amended Complaint (Second) by Dennis J. Barton, III.(Good, Terrance) (Entered: 12/29/2014)

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  • 12/15/2014
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  • (#33) AMENDED COMPLAINT Second Amended Complaint against Dennis J. Barton, III, filed by Scott McDermott. (Attachments: # 1 Exhibit)(Eason, James) (Entered: 12/15/2014)

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  • 12/10/2014
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  • (#32) NOTICE of Appearance by Terrance J. Good on behalf of Dennis J. Barton, III (Good, Terrance) (Entered: 12/10/2014)

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  • 12/09/2014
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  • (#31) Transcript of MOTION TO DISMISS held on 11/24/2014, before Judge Nancy J. Rosenstengel. Court Reporter Molly Clayton, Telephone number 618.482.9226. NOTICE: Attorneys and unrepresented parties have 7 calendar days to file a Notice of Intent to Request Redaction of this transcript and 21 calendar days to file a Redaction Request. If redactions are not requested, the transcript will be made remotely available to the public without redaction after 90 calendar days. See the full Transcript Policy on the website at http://www.ilsd.uscourts.gov/forms/TransPolicy.pdf Transcript may be viewed at the public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/30/2014. Redacted Transcript Deadline set for 1/9/2015. Release of Transcript Restriction set for 3/9/2015. (mnc) (Entered: 12/09/2014)

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  • 11/26/2014
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  • (#30) ORDER GRANTING in part and DENYING in part 17 Motion to Dismiss filed by Dennis J. Barton, III. The dismissal of McDermott's claim for conversion in Count 3 of the amended complaint is without prejudice, and McDermott is GRANTED leave to file a second amended complaint on or before December 15, 2014, to replead that claim if he elects to do so. If McDermott does not file a second amended complaint as permitted herein, dismissal of the conversion claim will be converted to a dismissal with prejudice. Signed by Judge Nancy J. Rosenstengel on 11/26/14. (klh2) (Entered: 11/26/2014)

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19 More Docket Entries
  • 08/15/2014
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  • (#10) MOTION to Dismiss for Lack of Jurisdiction by Dennis J. Barton, III. Responses due by 9/18/2014 (Barton, Dennis) (Entered: 08/15/2014)

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  • 07/29/2014
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  • (#9) MEMORANDUM in Support re 8 MOTION for Summary Judgment filed by Scott McDermott. (Attachments: # 1 Statement of Uncontroverted Facts, # 2 Exhibit 1 Affidavit of Plaintiff File copy, # 3 Exhibit 2 Default Judgment, # 4 Exhibit 3 Affidavit of Service, # 5 Exhibit 4 Notice of Wage Deduction, # 6 Exhibit 5 Affidavit of Laura Frame, # 7 Exhibit 6 Case List)(Eason, James) (Entered: 07/29/2014)

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  • 07/29/2014
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  • (#8) MOTION for Summary Judgment by Scott McDermott. Responses due by 9/2/2014 (Eason, James) (Entered: 07/29/2014)

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  • 07/15/2014
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  • (#7) CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Barton, Dennis) (Entered: 07/15/2014)

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  • 07/14/2014
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  • (#6) ORDER granting 5 Motion for Extension of Time to Answer. A responsive pleading is now due from Dennis J. Barton, III by 8/15/2014. Signed by Magistrate Judge Philip M. Frazier on 7/14/2014. (kls)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/14/2014)

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  • 07/13/2014
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  • (#5) MOTION for Extension of Time to File Answer re 2 Complaint by Dennis J. Barton, III. (Barton, Dennis) (Entered: 07/13/2014)

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  • 06/27/2014
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  • (#4) SUMMONS Returned Executed by Scott McDermott. Dennis J. Barton, III served on 6/25/2014, answer due 7/16/2014. (Eason, James) (Entered: 06/27/2014)

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  • 06/18/2014
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  • (#3) Summons Issued as to Dennis J. Barton, III. (anm) (Entered: 06/18/2014)

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  • 06/18/2014
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  • (#2) COMPLAINT against Dennis J. Barton, III ( Filing fee $ 400 receipt number 0754-2321424.), filed by Scott McDermott. (Attachments: # 1 Exhibit Affidavit, # 2 Civil Cover Sheet)(Eason, James) (Entered: 06/18/2014)

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  • 06/18/2014
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  • (#1) Case Opened. Documents may now be electronically filed. Case number 14-704-NJR-PMF must be placed on all documents prior to filing them electronically. (Attachments: # 1 Consent to Magistrate Judge)(anm) (Entered: 06/18/2014)

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