Yu v. UMB Bank, N.A. et al
Plaintiff: Howard Yu
Defendant: UMB Bank, N.A., Colliers Securities, LLC and Colliers Mortgage, LLC
Case Number: 2:2023cv02441
Filed: September 28, 2023
Court: US District Court for the District of Kansas
Presiding Judge: Gwynne E Birzer
Referring Judge: Daniel D Crabtree
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Contract Dispute
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 24, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 24, 2023 Filing 19 ANSWER to #17 Second Amended Complaint AND COUNTERCLAIM against Howard Yu by UMB Bank, N.A. (Attachments: #1 Exhibit List Exhibit Index, #2 Exhibit A - Guaranty Agreement, #3 Exhibit B - Hotel Project Rendering, #4 Exhibit C-1 - Development Agreement, #5 Exhibit C-2 - First Amendment to Development Agreement, #6 Exhibit D - Assignment of Development Agreement, #7 Exhibit E - TGT Trust Indenture, #8 Exhibit F - Project Fund Written Requests, #9 Exhibit G - Minnesota TIP Order, #10 Exhibit H - October 14, 2021 Demand for Payment) (Holzhueter, Kersten)
November 6, 2023 Filing 18 CLERKS ORDER EXTENDING TIME until 11/24/2023 for Defendant UMB Bank, N.A. to answer or otherwise plead. Signed by deputy clerk on 11/06/2023. (nac)
October 26, 2023 Filing 17 SECOND AMENDED COMPLAINT for Damages against UMB Bank, N.A., filed by Howard Yu. (Loehr, Ryan)
October 25, 2023 Opinion or Order Filing 16 ORDER. The Court reviewed Plaintiff's Response to the Court's October 5, 2023, Show Cause Order ("Motion"), which also includes a request for leave to file a second amended complaint. (ECF No. 11). Defendant UMB Bank, N.A., has now filed its response to Plaintiff's Motion (ECF No. 15) and indicates it has no objection to Plaintiff's request for leave to file a second amended complaint. Therefore, the Court finds good cause exists, and Plaintiff's Motion is GRANTED. Plaintiff is ORDERED to file his second amended complaint on or before 10/31/23. Signed by Magistrate Judge Gwynne E. Birzer on 10/25/23. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (spa)
October 24, 2023 Filing 15 RESPONSE by Defendant UMB Bank, N.A. re #11 Motion for Leave to File Second Amended Complaint. (Holzhueter, Kersten)
October 24, 2023 Filing 14 CORPORATE DISCLOSURE STATEMENT by UMB Bank, N.A. identifying UMB Financial Corporation as corporate parent. (Holzhueter, Kersten)
October 24, 2023 Filing 13 ENTRY OF APPEARANCE by Blake Douglas Smith on behalf of UMB Bank, N.A. (Smith, Blake)
October 24, 2023 Filing 12 ENTRY OF APPEARANCE by Kersten L. Holzhueter on behalf of UMB Bank, N.A. (Holzhueter, Kersten)
October 19, 2023 Filing 11 MOTION for Leave to File Second Amended Complaint re #3 Amended Complaint by Plaintiff Howard Yu. (Motion referred to Magistrate Judge Gwynne E. Birzer.) (Attachment: #1 Exhibit 1 - Proposed Amended Complaint) [Note: This is a refiling of docket entry #9 which was filed in error as a two-part document containing both a Response and a Motion. This refiling is for administrative purposes only.] (kao)
October 19, 2023 Filing 10 NOTICE OF PARTIAL DISMISSAL WITHOUT PREJUDICE of Colliers Defendants by Howard Yu. (Loehr, Ryan)
October 19, 2023 Filing 9 RESPONSE re #5 Order to Show Cause by Plaintiff Howard Yu. (Attachments: #1 Exhibit 1 - Second Amended Complaint)(Loehr, Ryan) (Two part filing made in error - see #11 concerning the Motion portion of this entry.) (kao)
October 13, 2023 Filing 8 SUMMONS RETURNED EXECUTED -- Personal Service by Howard Yu upon Colliers Mortgage, LLC served on 10/10/2023, answer due 10/31/2023. (Loehr, Ryan)
October 13, 2023 Filing 7 SUMMONS RETURNED EXECUTED -- Personal Service by Howard Yu upon Colliers Securities, LLC served on 10/10/2023, answer due 10/31/2023. (Loehr, Ryan)
October 13, 2023 Filing 6 SUMMONS RETURNED EXECUTED -- Personal Service by Howard Yu upon UMB Bank, N.A. served on 10/6/2023, answer due 10/27/2023. (Loehr, Ryan)
October 5, 2023 Opinion or Order Filing 5 NOTICE AND ORDER TO PLAINTIFF TO SHOW CAUSE. Plaintiff is directed to show cause within 14 days from this Order's date why the court should not dismiss this action for lack of subject matter jurisdiction under 28 U.S.C. 1332. Signed by District Judge Daniel D. Crabtree on 10/5/2023. (ca)
October 3, 2023 SUMMONS ISSUED as to Colliers Mortgage, LLC, Colliers Securities, LLC, UMB Bank, N.A. (issued to Attorney for service) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to counsel for service with complaint. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (nac)
September 29, 2023 NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Daniel D. Crabtree and Magistrate Judge Gwynne E. Birzer for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) NOTICE OF MAGISTRATE JUDGE AVAILABILITY: A United States magistrate judge is available to conduct all proceedings in this civil action if all parties voluntarily consent. Information & consent forms are available at http://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge (nac)
September 28, 2023 Filing 4 DESIGNATION OF PLACE OF TRIAL filed by Plaintiff Howard Yu - trial to be held in Kansas City. (Loehr, Ryan)
September 28, 2023 Filing 3 AMENDED COMPLAINT for Damages against Colliers Mortgage, LLC, Colliers Securities, LLC, UMB Bank, N.A., filed by Howard Yu. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Loehr, Ryan)
September 28, 2023 Filing 2 COMPLAINT with trial location of Kansas City (Filing fee $402, Internet Payment Receipt Number AKSDC-6165148.), filed by Howard Yu. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Loehr, Ryan)
September 28, 2023 Filing 1 CIVIL COVER SHEET by Plaintiff Howard Yu. (Loehr, Ryan) (Additional attachment(s) added on 9/29/2023: #1 Completed Civil Cover Sheet) (nac). Modified on 9/29/2023 to add completed civil cover sheet (nac).

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Plaintiff: Howard Yu
Represented By: John M. Edgar
Represented By: Ryan J. Loehr
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Defendant: UMB Bank, N.A.
Represented By: Blake Douglas Smith
Represented By: Kersten L. Holzhueter
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Defendant: Colliers Securities, LLC
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Defendant: Colliers Mortgage, LLC
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