PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, GREEN, AND PINE, JJ.

DOCKET NO. CA 09-01553

IN RE: THE APPLICATION OF AIR CHARTER TEAM, INC., PETITIONER-RESPONDENT, FOR AN ORDER TO TAKE THE DEPOSITION UPON ORAL EXAMINATION OF SCOTT LALKA IN A CERTAIN ACTION ENTITLED AIR CHARTER TEAM, INC., PLAINTIFF, VS CATERING SPECIALISTS LLC, DEFENDANT, PENDING IN THE CIRCUIT COURT OF PLATTE COUNTY, STATE OF MISSOURI UNDER CASE NO. 09-AE-CV00075 DIVISION II CATERING SPECIALISTS LLC, RESPONDENT-APPELLANT.

Appellant having moved for a stay of all proceedings to enforce an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on July 15, 2009, pending the hearing and determination of the appeal taken herein,

Now, upon reading and filing the affirmation of Frank G. Montemalo dated July 30, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Richard J. Evans dated August 13, 2009, the reply affirmation of Frank G. Montemalo dated August 17, 2009, the surreply affirmation of Richard J. Evans dated August 18, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is granted, and all proceedings to enforce the order entered July 15, 2009 are hereby stayed pending the hearing and determination of the appeal taken herein, on the condition that appellant perfect the appeal on or before September 30, 2009, in which event,

It is further ORDERED that the appeal is to be added to the calendar for the term of this Court commencing November 30, 2009.

Entered: August 20, 2009

Patricia L. Morgan, Clerk