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IN THE UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF MISSOURI
In re:
Green Jacobson, P.C.,
Debtor.

Case No. 15-41404-705

Chapter 7

ORDER AND NOTICE

On June 1, 2016, attorney David Oetting filed a Motion to
Reschedule Hearings (the Motion).

The Motion is an ill-conceived

pleading that amounts to a childish tizzy-fit. The facts are as follows.

A hearing on certain matters was originally set for June 1, 2016.
However, prior to the hearing date, the Court determined that the hearing
would be continued, to accommodate an unforeseen scheduling issue with
the Court. The Courtroom Deputy then endeavored to contact each of the
parties, to advise of the continuance. Apparently, Mr. Oetting did not
receive the communication.
Nevertheless, prior to June 1, 2016, Mr. Oetting was made aware
that the hearing would not be held as originally scheduled. As Mr. Oetting
admits, on May 31, 2016, counsel for the Trustee advised Mr. Oetting that
the June 1, 2016 hearing had been continued to June 8, 2016.
Howeverfor no legitimate reasonMr. Oetting chose not to believe the
Trustees counsel.

To explain his mistrust, in his Motion, Mr. Oetting

claims that he has been mislead by the Trustees counsel previouslyan

unsubstantiated allegation that the Court does not believe. The Trustees
counsel are well-respected officers of the Court. They do not lie; they do
not mislead. Mr. Oetting also explains his mistrust by pointing to the fact
that June 8, 2016 is not a regular docket day listed on the Courts website.
This is not a rational reason for being suspicious of the Trustees counsels
representation. It is not unusual for the Court to accommodate parties with
1

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special settings that are not listed on the general docketwhich is exactly
what the Court did here.

Moreover, it is a ridiculous notion that an

attorneywho practices before this Court as a major part of his practice

and has a stellar record of candor and good faith before this Court, such as
the Trustees counselwould lie to opposing counsel about a hearing
date, just to maliciously mess with him and, in the process, jeopardize his
own reputation before this Court. The Court does not believe that Mr.
Oetting actually thought he was being lied to.
To any degree, despite his purported suspicions, Mr. Oetting did
nothing to check into the situation, although he had plenty of opportunity to
do so before the hearing. He did not contact the Courtroom Deputy, who
arrives at the office early in the morning, well-before regular business
hours. He did not contact the law clerk, whose office phone is forwarded
to her mobile phone for handling after-hours issues. He did not call the
judicial assistant, who would have returned his call as soon as she arrived
at the office the next morning. Instead, he showed up at the courthouse on
June 1, 2016, ostensibly for the hearing. But when he observed that the
courtroom was dark and that court was not in sessionand that, indeed,
the Trustees counsel had not lied to himhe did not leave. And he did
not go quietly. Instead, he made a series of telephone calls to Clerks
Office staffas if he did not know why the courtroom was not open.
Eventually, a member of the Clerks Office staff had to physically meet Mr.
Oetting, to help him arrive at the utterly obvious conclusion: there was no
hearing that day. Then, after Mr. Oetting left the courthouse, he filed his
obnoxious Motion, making insinuations against the Trustees counsel and
demanding that the matters scheduled for June 1, 2016, be reset for a
different time.

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Copy Mailed To:

Robert E. Eggmann
Desai Eggmann Mason LLC
7733 Forsyth Boulevard, Suite 800
Clayton, MO 63105
David A. Sosne
Summers Compton Wells LLC
8909 Ladue Rd.
St. Louis, MO 63124
Stephen C. Hiotis
Summers Compton Wells PC
8909 Ladue Road
St. Louis, MO 63124
Brian James LaFlamme
Summers Compton Wells LLC
8909 Ladue Road
St. Louis, MO 63124
Office of US Trustee
111 S Tenth St, Ste 6.353
St. Louis, MO 63102
David P. Oetting
8 Glenview Road
St. Louis, MO 63124