Krause v. Chicago Title Insurance Company (Case# 0516-CV30246) (816) 460-3316
Petition - Krause v. Chicago Title Insurance Company
Order Certifying Plaintiff Class - Krause v. Chicago Title Company
On February 22, 2010, the Court granted Plaintiffs' Motion for a Separate, Initial Trial of Their Request for an Equitable Accounting. The trial to the Court is scheduled to begin March 2, 2010.
Order Granting Motion For Seperate Initial Trial
Ordered Judgment in Plaintiffs favor on Accounting Claim
On July 9, 2010 the Court ordered/entered judgment in Plaintiffs' favor on their accounting claim.
Order Denying Defendant's Motion to Amend and Clarify Judgement and to Stay Accounting Order
On July 9, 2010 the Court ordered/entered judgment in Plaintiffs' favor on their accounting claim. Chicago Title filed a motion to amend the judgment on the accounting claim. The trial court denied that motion on Feb. 4, 2011, and ordered Chicago Title to perform an accounting for each Class Member's transaction to determine for each Class Member: a) how much was collected from each class member for recording fees; b) how much Chicago Title actually paid to record the documents in connection with each Class Member's transaction; and c) the amount over collected from each Class Member. The Court ordered Chicago Title to report this information to Plaintiffs' counsel no later than 120 days from the date of its order. 120 days from the date of the Court's order is June 4, 2011. Chicago Title filed petitions for writs of prohibition in both the Missouri Court of Appeals and the Missouri Supreme Court seeking to prevent enforcement of the Court's judgment on the accounting claim, and both petitions were denied. The judgment on Plaintiffs' accounting claim is not a judgment on the underlying merits of the Class claim for money damages to recover the over collected recording fees. Class counsel is currently attempting to get a Case Management Conference scheduled with the Court at which time Class counsel will ask that a trial date on the Class' claim for damages be set.
