Crowder sets deadlines in case over yogurt business

By Christina Stueve Hodges | Dec 18, 2012

Frozen yogurt parfait

Madison County Circuit Judge Barbara Crowder on Dec. 7 set deadlines in a breach of contract lawsuit involving an Edwardsville frozen yogurt business.

Robert Hollingsworth, Twist Froyo Cafes and were sued in Madison County Circuit Court by Edwin Chuck Twesten, who alleges Hollingsworth failed to make available records of the business that Twesten claimed they each held half interest. Twesten also claims Hollingsworth failed to acknowledge he was a shareholder of the business.

In a Dec. 7 order, Crowder ordered the parties to complete written discovery by April 1. She also ordered the plaintiff's experts to be disclosed by March 1 and defendant’s experts to be disclosed by April 1.

A case management conference is set April 24.

In earlier action, Crowder in July approved a motion filed by the plaintiff’s attorneys to withdraw from the case. Mathis, Marifian & Richter asked to be withdrawn due to a “break down in the attorney client relationship, which renders it unreasonably difficult for Mathis, Marifian & Richter to carry out its employment effectively.”

Then, on Oct. 24, attorney Jeremy Sackett of Swanson and Sackett in Edwardsville announced his representation of the plaintiff.

Hollingsworth has denied Twesten’s claims. In an email to the Record, Hollingsworth wrote that Twesten either had possession of documents he demanded in his lawsuit, knew many did not exist, or was offered access to all records at the offices of Twist Froyo.

Timothy Stubblefield of Swansea represents Hollingsworth.

The underlying lawsuit is Madison County Circuit Court case number: 10-L-1014.

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