Opinion
Case No. 02-13533 (AJG), (Jointly Administered).
May 25, 2005
Mark A. Shaiken, Esq., Patricia A. Konopka, Esq., Amy R. Miller, Esq., STINSON MORRISON HECKER LLP, Kansas City, MO, Attorneys for Debtors and Debtors in Possession.
ORDER GRANTING DEBTORS' OBJECTION TO CLAIMANT, MONIQUE GROSS', RESPONSE TO DEBTORS' MOTION FOR SUMMARY JUDGMENT
THIS MATTER having been brought before the Court on Debtors' Response to Claimant Monique Gross' Response to Debtors' Motion for Summary Judgment and the Court having considered the pleadings and finding that no Motion for Leave to File the Supplemental Pleadings has been filed by Monique Gross ("Claimant"), the Court finds and orders as follows:
1. On August 2, 2004, Debtors filed a Motion for Partial Summary Judgment with Respect to Claim Nos. 35124 35125 (the "Motion").
2. On August 9, 2004, Claimant filed a Motion for Relief From Summary Judgment.
3. The Court heard oral argument on the Motion on August 24, 2004 and took the Motion under advisement.
4. On February 2, 2005, Claimant filed a series of documents titled "Money Judgment," "Proof of non-paid commission" and "Statement of the Undisputed Facts" ("Supplemental Pleadings") with the Court.
5. On February 15, 2005, the Debtors filed Debtors' Response to Claimant Monique Gross' Response to Debtors' Motion for Summary Judgment asking the Court to disregard Claimant's Supplemental Pleadings.
6. On March 9, 2005, the Court issued its Order Regarding Post-Hearing Submissions Regarding Claim Nos. 35124 35125 Filed by Monique Gross As Her Response to the Debtors' Motion for Summary Judgment.
7. The Court's March 9, 2005 Order ordered Claimant, to the extent she sought the Court to consider the Supplemental Pleadings, to file a motion for leave of the Court to file these pleadings out of time by March 22, 2005.
8. Claimant did not file a motion for leave of the Court to file the Supplemental Pleadings out of time as required by the Court.
9. On April 15, 2005, the Debtors' filed a Notice of Presentment of Proposed Order Granting Debtors' Objection to Monique Gross' Response to Debtors' Motion for Summary Judgment and set for presentment on May 10, 2005, and the response deadline as May 5, 2005.
10. Claimant did not file an objection to the Debtors' notice of presentment of proposed order. On May 10, 2005, Claimant contacted the Court via telephone expressing that she was unable to appear due to a family emergency but that she objected to the order. The Court instructed the Claimant to send in her written objection by May 13, 2005. A writing was sent to the Court, however, such writing was not an objection to the proposed order at issue, but was an objection to a different order. Thus, the Claimant did not object to the Debtors' proposed order.
Therefore, the Court hereby grants the Debtors' request to disregard the Supplemental Pleadings and it is ORDERED that the Court will not consider the Supplemental Pleadings filed by Claimant.
SO ORDERED.