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Roach v. Folio Cafe LLC, 4:17-cv-02721-AGF. (2017)

Court: District Court, E.D. Missouri Number: infdco20171201b97 Visitors: 7
Filed: Nov. 30, 2017
Latest Update: Nov. 30, 2017
Summary: MEMORANDUM & ORDER AUDREY G. FLEISSIG , District Judge . 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 Caf , LLC. ECF No. 7. The Court set the matter for another hearing on Novem
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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reached a tentative resolution of the matter and requested that Plaintiff's motion for temporary restraining order be withdrawn while the parties finalize settlement.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.

Source:  Leagle

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