MGPI of Indiana, LLC v. City of Williamstown, KY et al
| MGPI of Indiana, LLC |
| City of Williamstown, KY, Williamstown City Council, Kim Crupper, Greg Middleton, Robert Perry, Gina Austin Smith, Payson Payne, John Coleman, Grant County Planning Commission, Marlon Kinsey, Carl King, Dan Bates, Tim Mann, Jason Dunaway, Katie McClafferty, Billy Hill, Carol Edmondson, Nancy Duley, Darrin Spahr, Diane Olberding, Mayor Mark Christopher, Clay Parks and Jason Payne |
| 2:2024cv00023 |
| February 12, 2024 |
| U.S. District Court for the Eastern District of Kentucky |
| David L Bunning |
| Candace J Smith |
| Real Property: Other |
| 28 U.S.C. § 1331 Fed. Question: Breach of Contract |
| Both |
Docket Report
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NOTICE OF DOCKET MODIFICATION TO George Johnson re #37 MOTION to Dismiss by Mark Christopher Error: Exhibits were filed together with the motion instead of as separate attachments. Entry by attorney; Clerk added the exhibits as separate attachments. In the future, file each exhibit separately from one another and separate from the main document. No further action required by counsel. cc: COR (SLG)
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Filing 37
MOTION to Dismiss by Mark Christopher Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Jonson, George) (Additional attachment(s) added on 3/26/2024: #2 Exhibit 1-Memorandum in Support) (SLG).
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Filing 36
JOINT MOTION to Dismiss by City of Williamstown, KY, John Coleman, Kim Crupper, Greg Middleton, Jason Payne, Robert Perry, Gina Austin Smith, and Mayor of City of Williamstown, Mark Christopher Motions referred to Candace J. Smith. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Steffen, Bradley) Modified on 3/25/2024 (TDB).
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Filing 35
ANSWER to #1 Complaint,, with Jury Demand by Dan Bates, Nancy Duley, Jason Dunaway, Carol Edmondson, Grant County Planning Commission, Billy Hill, Carl King, Marlon Kinsey, Tim Mann, Katie McClafferty, Diane Olberding, Clay Parks, Darrin Spahr.(Mando, Jeffrey)
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***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #33 NOTICE OF APPEARANCE, #34 Notice of Appearance. (SLG)
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Filing 34
NOTICE of Appearance by Bradley J. Steffen on behalf of Mark Christopher, City of Williamstown, KY, John Coleman, Kim Crupper, Greg Middleton, Jason Payne, Robert Perry, Gina Austin Smith, Williamstown City Council (Steffen, Bradley)
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Filing 33
NOTICE OF APPEARANCE by Mark Christopher, City of Williamstown, KY, John Coleman, Kim Crupper, Greg Middleton, Jason Payne, Robert Perry, Gina Austin Smith. (Cameron, Sarah)
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Filing 32
ORDER: Defendants Grant County Planning Commission and its Members in Their Official Capacities, Marlon Kinsey, Carl King, Dan Bates, Tim Mann, Jason Dunaway, Katie McClafferty, Billy Hill, Clay Parks, Carol Edmondson, Nancy Duley, Darrin Spahr, and Diane Olberding, are hereby granted an extension of time up through and including March 24, 2024 to file its Answer or otherwise plead to the Complaint. Signed by Magistrate Judge Candace J. Smith on 03/18/2024. (SLG)cc: COR
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***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #18 Proposed Agreed Order Granting Extension of Time to Answer or Otherwise Plead by Dan Bates, Nancy Duley, Jason Dunaway, Carol Edmondson, Grant County Planning Commission, Billy Hill, Carl King, Marlon Kinsey, Tim Mann, Katie McClafferty. (SLG)
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Filing 31
Summons Returned Executed by MGPI of Indiana, LLC as to Williamstown City Council served on 2/20/2024, answer due 3/24/2024. (Nicholson, George)
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Filing 30
Summons Returned Executed by MGPI of Indiana, LLC as to Greg Middleton served on 2/20/2024, answer due 3/24/2024. (Nicholson, George)
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Filing 29
Summons Returned Executed by MGPI of Indiana, LLC as to Robert Perry served on 2/17/2024, answer due 3/24/2024. (Nicholson, George)
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Filing 28
Summons Returned Executed by MGPI of Indiana, LLC as to Kim Crupper served on 2/17/2024, answer due 3/24/2024. (Nicholson, George)
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Filing 27
Summons Returned Executed by MGPI of Indiana, LLC as to Marlon Kinsey served on 2/20/2024, answer due 3/12/2024. (Nicholson, George)
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Filing 26
Summons Returned Executed by MGPI of Indiana, LLC as to John Coleman served on 2/20/2024, answer due 3/24/2024. (Nicholson, George)
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Filing 25
Summons Returned Executed by MGPI of Indiana, LLC as to Diane Olberding served on 2/20/2024, answer due 3/12/2024. (Nicholson, George)
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Filing 24
Summons Returned Executed by MGPI of Indiana, LLC as to Gina Austin Smith served on 2/17/2024, answer due 3/24/2024. (Nicholson, George)
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Filing 23
Summons Returned Executed by MGPI of Indiana, LLC as to Jason Dunaway served on 2/20/2024, answer due 3/12/2024. (Nicholson, George)
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Filing 22
Summons Returned Executed by MGPI of Indiana, LLC as to Tim Mann served on 2/20/2024, answer due 3/12/2024. (Nicholson, George)
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Filing 21
Summons Returned Executed by MGPI of Indiana, LLC as to City of Williamstown, KY served on 2/20/2024, answer due 3/24/2024. (Nicholson, George)
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Filing 20
Summons Returned Executed by MGPI of Indiana, LLC as to Darrin Spahr served on 2/20/2024, answer due 3/12/2024. (Nicholson, George)
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Filing 19
Summons Returned Executed by MGPI of Indiana, LLC as to Dan Bates served on 2/20/2024, answer due 3/12/2024. (Nicholson, George)
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Filing 18
Proposed Agreed Order Granting Extension of Time to Answer or Otherwise Plead by Dan Bates, Nancy Duley, Jason Dunaway, Carol Edmondson, Grant County Planning Commission, Billy Hill, Carl King, Marlon Kinsey, Tim Mann, Katie McClafferty, Diane Olberding, Clay Parks, Darrin Spahr. (Mando, Jeffrey)
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Filing 17
NOTICE OF APPEARANCE by Dan Bates, Nancy Duley, Jason Dunaway, Carol Edmondson, Grant County Planning Commission, Billy Hill, Carl King, Marlon Kinsey, Tim Mann, Katie McClafferty, Diane Olberding, Clay Parks, Darrin Spahr. (Mando, Jeffrey)
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Filing 16
Summons Returned Executed by MGPI of Indiana, LLC as to Nancy Duley served on 2/20/2024, answer due 3/12/2024. (Nicholson, George)
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Filing 15
Summons Returned Executed by MGPI of Indiana, LLC as to Carol Edmondson served on 2/20/2024, answer due 3/12/2024. (Nicholson, George)
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Filing 14
Summons Returned Executed by MGPI of Indiana, LLC as to Carl King served on 2/20/2024, answer due 3/12/2024. (Nicholson, George)
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Filing 13
Summons Returned Executed by MGPI of Indiana, LLC as to Katie McClafferty served on 2/20/2024, answer due 3/12/2024. (Nicholson, George)
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Filing 12
Summons Returned Executed by MGPI of Indiana, LLC as to Grant County Planning Commission served on 2/20/2024, answer due 3/12/2024. (Nicholson, George)
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Filing 11
Summons Returned Executed by MGPI of Indiana, LLC as to Mark Christopher served on 2/20/2024, answer due 3/24/2024. (Nicholson, George)
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Filing 10
AGREED ORDER: by agreement, the time for the Defendants, City of Williamstown, Ky., Williamstown City Council, Kim Crupper, Greg Middleton, Robert Perry, Gina Austin Smith, Jayson Payne, John Coleman and Mark Christopher to file their Answer herein is hereby extended to March 24, 2024. Signed by Magistrate Judge Candace J. Smith on 3/1/2024. (SLG)cc: COR
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Filing 9
MOTION for Extension of Time to File Answer re #1 Complaint,, by Mark Christopher, City of Williamstown, KY, John Coleman, Kim Crupper, Greg Middleton, Jason Payne, Robert Perry, Gina Austin Smith, Williamstown City Council Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Wichmann, Frank)
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Filing 8
DUPLICATE NOTICE OF APPEARANCE #7 by Greg Middleton. (Wichmann, Frank) Modified text on 2/28/2024 (SLG).
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Filing 7
NOTICE OF APPEARANCE by Mark Christopher, City of Williamstown, KY, John Coleman, Kim Crupper. (Wichmann, Frank)
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Filing 6
NOTICE OF CLERICAL ERROR Re: PDF DOCUMENT: Error: INCOMPLETE document attached to docket entry by docket clerk; few of the summons' were missing a letter in the name re #3 Summons Issued/Reissued; Correct document attached to this entry. *cbd* cc: COR (Attachments: #1 Summons City of Williamstown, #2 Summons Williamstown City Counsel, #3 Summons Smith, #4 Summons Grant, #5 Summons Parks, #6 Summons Middleton, #7 Summons McClaferty, #8 Summons Mann, #9 Summons Kinsey, #10 Summons King, #11 Summons Edmondson, #12 Summons Dunaway, #13 Summons Duley, #14 Summons Coleman, #15 Summons Smith, #16 Summons Perry, #17 Summons Olberding, #18 Summons Mayor Mark Christopher, #19 Summons Hill, #20 Summons Crupper, #21 Summons Bates, #22 Spahr)(SLG)
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Filing 5
STANDING REFERRAL ORDER: 1) Case referred to assigned U.S. Magistrate Judge at Covington to supervise discovery and pretrial proceedings; 2) Magistrate Judge is authorized to conduct all pretrial and status conferences, to hold such hearings as may be required, and to rule on nondispositive motions, except motions in limine. Dispositive motions and motions in limine will be referred by the Clerk of this court to the undersigned. The final pretrial conference and trial will also be before the undersigned, unless parties agree to a trial by a Magistrate Judge; 3) Discovery disputes shall be resolved in the following manner: (1) Parties to meet/confer in an attempt to resolve disputes; (2) If parties unable to resolve such disputes formally, they shall attempt to resolve their disagreements by telephone conference with the Magistrate Judge; 3) If parties unable to resolve their disputes after conference with the Magistrate Judge, they may file appropriate written motions with the Court, which shall include the certification required. Signed by Judge David L. Bunning on 01/13/2011.(SLG)cc: COR
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Filing 4
FRCP 7.1 DISCLOSURE STATEMENT by MGPI of Indiana, LLC identifying Corporate Parent MGPI Ingredients, Inc. for MGPI of Indiana, LLC. (SLG)
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Filing 3
Summons Issued as to All Defendants and returned to counsel electronically for service. (SLG) (Main Document 3 replaced on 2/14/2024) (CBD). (Additional attachment(s) added on 2/14/2024: #2 Gina Smith, #3 Parks, #4 Grant, #5 Spahr, #6 Perry, #7 Olberding, #8 Mayor Christopher, #9 Hill, #10 Crupper, #11 Bates, #12 Coleman, #13 Middleton, #14 McClafferty, #15 Mann, #16 Kinsey, #17 King, #18 Edmonson, #19 Dunaway, #20 Duley, #21 City of Williamstown) (CBD). Modified on 2/14/2024 (CBD). (Additional attachment(s) added on 2/14/2024: #22 Payne) (CBD).
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Filing 1
COMPLAINT ( Filing fee $405; receipt number AKYEDC-5767959), filed by MGPI of Indiana, LLC. (Attachments: #1 Exhibit A-Ordinance 2021-21, #2 Exhibit B-PC Minutes 9-29-21, #3 Exhibit C-Christopher Letter to MGPI 9-22-23, #4 Exhibit D-Ordinance 2023-14, #5 Exhibit E-Water Service Agreement, #6 Exhibit F-Christopher Letter to MGPI 11-7-23, #7 Exhibit G-Stop Work Order, #8 Exhibit H-Christopher Letter to PC 12-22-23, #9 Exhibit I-Christopher Letter to MGPI 12-22-23, #10 Exhibit J-Ordinance 2023-15, #11 Exhibit K-Christopher Letter to PC 1-19-24, #12 Civil Cover Sheet, #13 Summons)(SLG)
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Conflict Check run. (SLG)
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