Defendants file flurry of motions in Herr Funeral Home dispute

Funeral home owners fighting a battle over their firing of a former manager and his alleged misuse of the company credit cards have filed a series of motions in the 2009 St. Clair County suit.

Among the several motions filed Jan. 13, defendants and counterclaimants Robert and Judith Herr, owners of the Herr Funeral Homes, changed attorneys, withdrew a motion to move the suit to Madison County and filed an amended answer with new counterclaims against plaintiff, former Herr manager Barry Wilson.

St. Clair County Circuit Judge Michael O'Malley is set to preside over a status conference Feb. 2 at 10 a.m.

Wilson originally sued the Herrs last year for wrongful termination. His suit seeks the lifting of a non-compete clause, attorney's fees and damages in excess of $50,000.

His former bosses filed a countercomplaint against Wilson alleging he misused company credit cards at Wal Mart and other stores, spending thousands of dollars on items such as Pantene hair dye, Bud Lite Lime beer and "Yoga for Beginners."

The Herrs filed to remove the suit to Madison County in October.
O'Malley has not entered any order on the matter. However, now the Herrs are asking for leave to withdraw that motion.

The Herrs had been represented by Edwardsville attorneys Christopher Byron and Brian Kalb.

In one of the Jan. 13 motions, the Herrs ask to substitute the Belleville firm, the Kuehn Law Firm for Byron's firm, Byron Gerber Petri & Kalb, allowing the Byron firm to withdraw.

The motion was filed by Kalb.

The Herrs' amended answer, also filed that day, adds a request that Wilson be ordered to return his 24 shares of Herr stock to the couple.

Wilson is represented by Jill Rembusch.

Motions for the Herrs were filed by Byron, Kalb and Clyde Kuehn.

The case is St. Clair case number 09-L-345.