Lee County, Alabama Commission v. Creekwood Resources, LLC et al
| Lee County, Alabama Commission |
| CreekWood Resources, LLC, Highway 29, LLC, Charles Michael Teel and Wanda K. Teel |
| 3:2021cv00669 |
| October 7, 2021 |
| US District Court for the Middle District of Alabama |
| Emily C Marks |
| Kelly F Pate |
| Real Property: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on February 14, 2022. A more recent docket listing may be available from PACER.
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Filing 16
MEMORANDUM OPINION AND ORDER: Because the Court finds that the Teels are not fraudently joined to defeat diversity jurisdiction, it must consider their citizenship for diversity purposes. The Teels, like the County, are citizens of the state of Alabama, and so complete diversity is lacking. Without complete diversity, this Court does not have subject matter jurisdiction over this suit. Therefore, it is ORDERED that the Plaintiff's Motion to Remand the case to the Circuit Court of Lee County (doc. #9 ) is GRANTED and this case is REMANDED to the Circuit Court of Lee County, Alabama. The Clerk of Court is DIRECTED to take actions necessary to accomplish the remand of this case to the Circuit Court of Lee County, Alabama. Signed by Chief Judge Emily C. Marks on 2/14/2022. Certified copy mailed to Clerk, Circuit Court of Lee County, Alabama. (dmn, )
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Filing 15
REPLY BRIEF re #9 MOTION to Remand to State Court, #10 BRIEF/MEMORANDUM in Support filed by Lee County, Alabama Commission. (Bromberg, Charles)
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Filing 14
Case reassigned to Chief Judge Emily C. Marks. Honorable Judge Kelly F. Pate no longer assigned to the case as presiding judge. (dmn, )
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Motions No Longer Referred due to Case Reassignment: #9 MOTION to Remand to State Court, #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (dmn, )
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JOINDER in Opposition to #12 Response in Opposition to Motion, by Charles Michael Teel, Wanda K. Teel. (NO PDF - See doc #13 which was incorrectly filed as a Response) (am, )
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Filing 13
(Joinder) RESPONSE in Opposition re #9 MOTION to Remand to State Court Joining in Opposition of Co-Defendants #12 filed by Charles Michael Teel, Wanda K. Teel. (Clark, John) Modified on 11/24/2021 to reflect correct as Joinder, wrong event used (am, ).
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Filing 12
RESPONSE in Opposition re #9 MOTION to Remand to State Court filed by CreekWood Resources, LLC, Highway 29, LLC. (Attachments: #1 Exhibit A - Warranty Deed, #2 Exhibit B - Recorded Lease, #3 Exhibit C - Jeffrey Major Oct. 7, 2021 Declaration, #4 Exhibit D - Amended Notice of Lis Pendens, #5 Exhibit E - ADEM Ruling on Motion to Stay, #6 Exhibit F - Jeffrey Major Nov. 23, 2021 Declaration, #7 Exhibit G - Notice of Lis Pendens)(Johnson, Taylor)
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Filing 11
ORDER: Upon consideration of Plaintiff's Motion to Remand (Doc. #9 ), it is ORDERED that Defendants must respond by 11/23/2021, and SHOW CAUSE why it should not be granted. Plaintiff may file a reply by 12/3/2021. The Motion to Dismiss filed by Defendants Charles and Wanda Teel (Doc. #8 ) will be held in abeyance pending resolution of Plaintiff's Motion to Remand. Additionally, the parties were previously notified of the assignment of this case to a Magistrate Judge and their right to request reassignment (see attached notice). The parties should now confirm their decision in writing to consent or request reassignment. Counsel for the parties are DIRECTED to complete the appropriate attached form and send it to the Clerk of the Court by 11/30/2021. Alternatively, as explained in the attached notice, a party may consent electronically, but neither the consent form nor the request for reassignment form should be filed electronically. Signed by Honorable Judge Kelly F. Pate on 11/9/2021. (dmn, )
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Filing 10
BRIEF/MEMORANDUM in Support re #9 MOTION to Remand filed by Lee County, Alabama Commission. (Davis, Richard)
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Filing 9
MOTION to Remand to State Court by Lee County, Alabama Commission. (Attachments: #1 Exhibit A)(Davis, Richard) Modified on 11/9/2021 to correct civil event code. (dmn, )
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Filing 8
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Charles Michael Teel, Wanda K. Teel. (Clark, John)
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Filing 7
Corporate/Conflict Disclosure Statement by CreekWood Resources, LLC, Highway 29, LLC. (Johnson, Taylor)
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Filing 6
NOTICE of Assignment to Magistrate Judge sent to counsel for All parties, CreekWood Resources, LLC, Highway 29, LLC, Lee County, Alabama Commission, Charles Michael Teel, Wanda K. Teel. (dmn, )
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NOTICE of Docket Text Correction re Complaint. The referenced docket entry was modified to correct the file date to 10/7/2021. (dmn, ) (no pdf)
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Filing 4
ANSWER to Complaint for Preliminary and Permanent Injunction, Declaratory Judgment, and Other Allied Relief by CreekWood Resources, LLC, Highway 29, LLC.(Strasavich, Michael) Modified on 10/15/2021 to create link to complaint; filed prior to case opening. (dmn, )
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Filing 3
NOTICE of Appearance by Taylor Barr Johnson on behalf of CreekWood Resources, LLC, Highway 29, LLC (Johnson, Taylor)
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Filing 2
NOTICE of Appearance by Robert Howard Rutherford, Jr on behalf of CreekWood Resources, LLC, Highway 29, LLC (Rutherford, Robert)
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Filing 1
NOTICE of Appearance by Michael David Strasavich on behalf of CreekWood Resources, LLC, Highway 29, LLC (Strasavich, Michael)
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Filing 5
NOTICE OF REMOVAL by CreekWood Resources, LLC, Highway 29, LLC from Circuit Court of Lee County, Alabama, case number 43-CV-2021-900289.00. ( Filing fee $ 402.00 receipt number 4602064902) (Attachments: #1 Exhibit A, #2 Exhibit B, Consent to and Joinder in Removal, #3 Exhibit C, Declaration of Jeffrey David Major, #4 Filing Fee Receipt, #5 Civil Cover Sheet, #6 State Court Complaint) (dmn, )
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COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTION, DECLARATORY JUDGMENT, AND OTHER ALLIED RELIEF against CreekWood Resources, LLC, Highway 29, LLC, Charles Michael Teel, Wanda K. Teel, filed by Lee County, Alabama Commission.(dmn, ) (no pdf, see Doc. #5 ) Modified on 10/15/2021 to correct file date. (dmn, )
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CONSENT TO AND JOINDER in #5 Notice of Removal, by Charles Michael Teel, Wanda K. Teel. (dmn, ) (no pdf, see Doc. #5 , Exhibit B)
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NOTICE of Appearance by Stanley Allen Martin on behalf of Lee County, Alabama Commissio. (dmn, ) (no pdf, see Doc. #5 , Exhibit A)
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NOTICE of Appearance by Stanley Allen Martin, Jr on behalf of Lee County, Alabama Commission. (dmn, ) (no pdf, see Doc. #5 , Exhibit A)
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NOTICE to Clerk of the Circuit Court of Lee County, AL of Filing #5 Notice of Removal, by CreekWood Resources, LLC, Highway 29, LLC. (dmn, ) (no pdf, see Doc. #5 )
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