TOWN OF CLARKSVILLE, INDIANA v. CLARKS LANDING ENTERPRISE INVESTMENTS LLC et al
| TOWN OF CLARKSVILLE, INDIANA |
| CLARKS LANDING ENTERPRISE INVESTMENTS LLC, COLGATE-PALMOLIVE COMPANY and CLARK COUNTY TREASURER |
| 4:2023cv00062 |
| April 21, 2023 |
| US District Court for the Southern District of Indiana |
| Kellie M Barr |
| Tanya Walton Pratt |
| Condemnation |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Defendant |
Docket Report
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Filing 40
REPLY in Support of Motion re #35 First MOTION for Extension of Time to July 12, 2023 in which to #20 Answer to Complaint Answer and Objections to Plaintiff's Complaint for Appropriation of Real Property and Request for Mediation , filed by Plaintiff TOWN OF CLARKSVILLE, INDIANA. (Attachments: #1 Text of Proposed Order Order Extending Time for Clarksville to File Trial Rule 12(f) Motion)(Stump, Yasmin)
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Filing 39
RESPONSE in Opposition re #35 First MOTION for Extension of Time to July 12, 2023 in which to #20 Answer to Complaint Answer and Objections to Plaintiff's Complaint for Appropriation of Real Property and Request for Mediation , filed by Defendant CLARKS LANDING ENTERPRISE INVESTMENTS LLC. (Stanley, Chelsea)
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Filing 38
First MOTION for Extension of Time to July 14, 2023 in which to #21 Answer , filed by Plaintiff TOWN OF CLARKSVILLE, INDIANA. (Attachments: #1 Text of Proposed Order Order Extending Time for Clarksville to File Trial Rule 12(f) Motion)(Stump, Yasmin)
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Filing 37
ENTRY AND ORDER FROM TELEPHONIC STATUS CONFERENCE - The Parties, by counsel, appeared for a Telephonic Status Conference on June 7, 2023, with the Magistrate Judge. Within 14 days of the date of this entry, counsel shall meet and confer and file a proposed case management plan for the Court's consideration. After an extensive discussion with counsel at the conference, the pending Motion for Ruling on Clarks Landing Enterprises Investments LLC's Request for Mediation, [dkt. 23], is GRANTED IN PART to the extent that all counsel agreed that the assigned Magistrate Judge conducting a settlement conference in person at the New Albany courthouse would satisfy the purpose of Indiana Code 32-24-4.5-7, regardless of whether that statute is binding on this Court. Accordingly, a settlement conference will be set by separate order in due course after confirmation of counsel and client availability. Counsel recognized that should Plaintiff's pending Motion to Remand, [dkt. 18], be granted, all case management deadlines and any scheduled settlement conference would be vacated since this case would then be remanded to state court. Signed by Magistrate Judge Kellie M. Barr. (AKW)
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Filing 36
REPLY in Support of Motion re #18 First MOTION to Remand , filed by Plaintiff TOWN OF CLARKSVILLE, INDIANA. (Attachments: #1 Appendix Index, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G)(Stump, Yasmin)
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Filing 35
First MOTION for Extension of Time to July 12, 2023 in which to #20 Answer to Complaint Answer and Objections to Plaintiff's Complaint for Appropriation of Real Property and Request for Mediation, filed by Plaintiff TOWN OF CLARKSVILLE, INDIANA. (Attachments: #1 Text of Proposed Order Order Extending Time for Clarksville to File Trial Rule 12(f) Motion)(Stump, Yasmin)
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Filing 34
NOTICE of Appearance by Ronald Scott Lewis on behalf of Defendant CLARK COUNTY TREASURER. (Lewis, Ronald)
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Filing 33
NOTICE of Withdrawal of Plaintiff's Response to Defendant's Request for Mediation [Dkt. No. 25 and Dkt. No. 26], filed by Plaintiff TOWN OF CLARKSVILLE, INDIANA, re #25 Response, #26 Response. (Stump, Yasmin)
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Filing 31
ORDER SETTING STATUS CONFERENCE - This case is set for a Telephonic Status Conference with counsel on 6/7/2023 at 11:30 AM (Eastern Time) before United States Magistrate Judge Kellie M. Barr. Counsel should be prepared to discuss the propriety of Defendant Clarks Landing Enterprise Investment LLC's Motion for Ruling on Request for Mediation, [dkt. #23 ], in light of Plaintiff's pending Motion to Remand, [dkt. #18 ], which argues that this Court lacks jurisdiction over this case. The Court will contact counsel by separate email through the Court's electronic filing system with the call-in information to be used to participate in the conference. Signed by Magistrate Judge Kellie M. Barr on 6/5/2023. Copy to Ronald Lewis via US mail. (JSR)
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Filing 30
DEMAND for Trial by Jury, filed by Defendant CLARKS LANDING ENTERPRISE INVESTMENTS LLC. (Stanley, Chelsea)
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Filing 29
REPLY in Support of Motion re #23 MOTION for Ruling on Clarks Landing Enterprises Investments LLC's Request for Mediation , filed by Defendant CLARKS LANDING ENTERPRISE INVESTMENTS LLC. (Stanley, Chelsea)
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Filing 28
RESPONSE in Opposition re #18 First MOTION to Remand , filed by Defendant CLARKS LANDING ENTERPRISE INVESTMENTS LLC. (Attachments: #1 Exhibit G - Supplemental Affidavit of Jayesh Sheth, #2 Exhibit H - NOI)(Stanley, Chelsea)
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Filing 27
RESPONSE in Opposition to Motion #23 to Defendant's Request for Mediation, filed by Plaintiff TOWN OF CLARKSVILLE, INDIANA. (Attachments: #1 Order Denying Defendant's Request for Mediation in Part)(Ferguson, Christopher) Modified on 6/2/2023 (LF).
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Filing 26
RESPONSE to Defendant's Request for Mediation, filed by Plaintiff TOWN OF CLARKSVILLE, INDIANA. (Attachments: #1 Text of Proposed Order Order Denying Defendant's Request for Mediation in Part)(Ferguson, Christopher)
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Filing 25
RESPONSE to Defendant's Request for Mediation, filed by Plaintiff TOWN OF CLARKSVILLE, INDIANA. (Ferguson, Christopher)
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Filing 24
ORDER SETTING RESPONSE DEADLINE - Defendant Clarks Landing Enterprises Investments LLC has filed a Motion for Ruling on its request for mediation #23 Any response Plaintiff wishes to file is due no later than June 1, 2023. Signed by Magistrate Judge Kellie M. Barr on 5/30/23.(JRB)
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Filing 23
MOTION for Ruling on Clarks Landing Enterprises Investments LLC's Request for Mediation, filed by Defendant CLARKS LANDING ENTERPRISE INVESTMENTS LLC. (Attachments: #1 Text of Proposed Order Order Granting Request for Mediation)(Stanley, Chelsea)
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Filing 22
NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Christopher A. Ferguson hereby notifies the Clerk of the court of changed contact information. (Ferguson, Christopher)
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Filing 21
ANSWER and Objection to Town of Clarksville Indiana's Complaint for Appropriation of Real Property, filed by Defendant COLGATE-PALMOLIVE COMPANY. (Attachments: #1 Exhibit Exhibit A Agreement of Rights in Colgate Clock)(Keane, Megan)
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Filing 20
Objections and ANSWER to Complaint and Request for Mediation, filed by CLARKS LANDING ENTERPRISE INVESTMENTS LLC. (Attachments: #1 Affidavit Exhibit A - Affidavit of Dr. Jayesh Sheth, #2 Exhibit A.1 - Map, #3 Exhibit A.2 - Photographs, #4 Exhibit A.3 - Deed, #5 Exhibit A.4 - Releases and Permits, #6 Exhibit A.5 - Approved Master Plan, #7 Exhibit A.6 - Encore Brochure, #8 Exhibit A.7 - Franchise Letter, #9 Exhibit A.8 - Offer with Exhibits, #10 Exhibit A.9 - Certificates of Occupancy and Permits, #11 Exhibit B - Colgate Article, #12 Exhibit C - EDGE Tax Credit Agreement, #13 Exhibit D - Historic Register Certificates)(Stanley, Chelsea)
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Filing 19
Rule 7.1 Disclosure Statement by TOWN OF CLARKSVILLE, INDIANA. (Ferguson, Christopher)
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Filing 18
First MOTION to Remand , filed by Plaintiff TOWN OF CLARKSVILLE, INDIANA. (Attachments: #1 Text of Proposed Order Motion and Order)(Ferguson, Christopher)
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Filing 17
NOTICE of Appearance by Christopher A. Ferguson on behalf of Plaintiff TOWN OF CLARKSVILLE, INDIANA. (Ferguson, Christopher)
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Filing 16
NOTICE of Appearance by Christopher A. Ferguson on behalf of Plaintiff TOWN OF CLARKSVILLE, INDIANA. (Ferguson, Christopher)
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Filing 15
ORDER granting #12 MOTION TO APPEAR PRO HAC VICE: Being fully advised, it is now ORDERED that the motion be, and hereby is, GRANTED. T. Morgan Ward, Jr. is ORDERED to register as a user of the Court's electronic case filing system by May 10, 2023. See Order. Signed by Magistrate Judge Kellie M. Barr on 4/26/2023.(Copy mailed per Distribution list.) (LF)
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Filing 14
ORDER granting #11 Motion for ORDER EXTENDING TIME TO FILE OBJECTIONS: IT IS HEREBY ORDERED that Defendant Colgate-Palmolive Company shall have up to and including May 24, 2023 to file objections to Plaintiff's Complaint pursuant to Indiana Code 32-24-1-8(b)(3). See Order. Signed by Magistrate Judge Kellie M. Barr on 4/26/2023. (LF)
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Filing 13
Rule 7.1 Disclosure Statement by COLGATE-PALMOLIVE COMPANY. (Keane, Megan)
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Filing 12
MOTION for Attorney(s) T. Morgan Ward, Jr. to Appear pro hac vice (Filing fee $100, receipt number AINSDC-7605083), filed by Defendant CLARKS LANDING ENTERPRISE INVESTMENTS LLC. (Attachments: #1 Exhibit A - Certification of T. Morgan Ward, Jr., #2 Text of Proposed Order)(Stanley, Chelsea)
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Filing 11
Unopposed MOTION for Extension of Time to May 24, 2023 , filed by Defendant COLGATE-PALMOLIVE COMPANY. (Attachments: #1 Proposed Order Extending Time to File Objections)(Keane, Megan)
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Filing 10
NOTICE of Appearance by Justin E. Endres on behalf of Defendant CLARKS LANDING ENTERPRISE INVESTMENTS LLC. (Endres, Justin)
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Filing 9
Notice to File Rule 7.1 Disclosure Statement. (RAGS) (LF)
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Filing 8
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (LF)
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Filing 7
Rule 7.1 Disclosure Statement by COLGATE-PALMOLIVE COMPANY. (Keane, Megan)
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Filing 6
Joinder in Notice of Removal of Action, filed by Defendant COLGATE-PALMOLIVE COMPANY. (Keane, Megan) Modified on 4/24/2023 (TRG).
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Filing 5
NOTICE of Appearance by Megan Patricia Keane on behalf of Defendant COLGATE-PALMOLIVE COMPANY. (Keane, Megan)
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Filing 4
NOTICE of Appearance by Carolyn Purcell Michener on behalf of Defendant CLARKS LANDING ENTERPRISE INVESTMENTS LLC. (Michener, Carolyn)
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Filing 3
Rule 7.1 Disclosure Statement by CLARKS LANDING ENTERPRISE INVESTMENTS LLC identifying Corporate Parent Dr. Jayesh Sheth, Corporate Parent TCL Opportunity Fund, LP, Corporate Parent Dr. Darshana Sheth for CLARKS LANDING ENTERPRISE INVESTMENTS LLC.. (Stanley, Chelsea)
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Filing 2
NOTICE of Appearance by Chelsea R. Stanley on behalf of Defendant CLARKS LANDING ENTERPRISE INVESTMENTS LLC. (Stanley, Chelsea)
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Filing 1
NOTICE OF REMOVAL from Clark Superior Court No. 6, case number 10D06-2303-PL-000029, filed by CLARKS LANDING ENTERPRISE INVESTMENTS LLC. (Filing fee $402, receipt number AINSDC-7600943) (Attachments: #1 Civil Cover Sheet, #2 State Court Record (Ex. A - Docket Sheet, Complaint, Appearance of Fifer, Lis Pendens Notice, Notice of Filing of Complaint, Praecipe, Summonses, Amended Lis Pendens Notice, Notice of Right to Show Cause Hearing, Service Returned, Appearance of Stump, Appearance of Stanley & Michener, Clarks Landing Motion for Extension, Order granting Extension, Appearance of Endres), #3 State Court Record (Ex. B - State Court Complaint), #4 Exhibit C - Affidavit of Dr. Darshana Sheth, #5 Exhibit D - Affidavit of Dr. Jayesh Sheth, #6 Exhibit E - Colgate-Palmolive Consent, #7 Exhibit F - Offer)(Stanley, Chelsea)
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