Schuler et al v. Adams et al
| Robert J. Schuler, Nancy D. Schuler and Windemere Property Owners Association, Inc. |
| Robert P. Adams and Carol A. Adams |
| Michigan Department of Environment, Great Lakes and Energy and United States Army Corps of Engineers |
| 1:2021cv00827 |
| September 23, 2021 |
| US District Court for the Western District of Michigan |
| Hala Y Jarbou |
| Ray Kent |
| Real Property: Other |
| 28 U.S.C. § 1442 |
| None |
Docket Report
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This docket was last retrieved on November 18, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 46 RESPONSE in support of MOTION to remand #30 filed by Nancy D. Schuler, Robert J. Schuler, Windemere Property Owners Association, Inc. (Lang, Brian) |
| Filing 45 NOTICE re #42 of Supplemental Authority in Support of Defendants/Counter-Plaintiffs Robert and Carol Adams' Response in Opposition to Plaintiffs' Motion to Remand by third-party plaintiffs Carol A. Adams, Robert P. Adams, counter-claimants Carol A. Adams, Robert P. Adams, defendants Carol A. Adams, Robert P. Adams (Mitchell, Matthew) |
Filing 44
STIPULATED ORDER WITHDRAWING MOTION TO REMAND #25 ; signed by District Judge Hala Y. Jarbou (jep)
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| Filing 43 PROPOSED ORDER regarding Withdrawing Motion to Remand Filed by Third-Party Defendant [ECF No. 25] by counter-claimants Carol A. Adams, Robert P. Adams, defendants Carol A. Adams, Robert P. Adams (Mitchell, Matthew) |
| Filing 42 RESPONSE in opposition to MOTION to remand #30 filed by Carol A. Adams, Robert P. Adams (Attachments: #1 Index of Exhibits, #2 Exhibit A - Discharge, #3 Exhibit B - USACE Memo dated February 26, 1993, #4 Exhibit C - USACE Memo dated January 27, 1993, #5 Exhibit D - USACE Memo dated January 28, 1994, #6 Exhibit E - USACE Letter dated January 13, 1994, #7 Exhibit F - USACE Memo dated March 20, 1995, #8 Exhibit G - Letter from USACE dated April 4, 1995, #9 Exhibit H - Moellering Permit, #10 Attachment Certificate of Compliance) (Mitchell, Matthew) |
| Filing 41 NOTICE OF VOLUNTARY DISMISSAL re Michigan Department of Environment, Great Lakes and Energy Without Prejudice Pursuant to Fed. R. Civ. P. 41(c) filed by third-party plaintiffs Carol A. Adams, Robert P. Adams, counter-claimants Carol A. Adams, Robert P. Adams, defendants Carol A. Adams, Robert P. Adams (Mitchell, Matthew) |
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Filing 40
STIPULATION AND ORDER: Defendants Adams response to motion #25 due by 11/4/21; signed by District Judge Hala Y. Jarbou (aks) Modified text on 10/28/2021 (ems).
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Filing 39
AMENDED ORDER granting Stipulation for Dismissal #34 : United States Army Corps of Engineers dismissed with prejudice; signed by District Judge Hala Y. Jarbou (aks)
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Filing 38
ORDER granting parties' Stipulation for Dismissal #34 ; United States Army Corps of Engineers dismissed with prejudice; signed by District Judge Hala Y. Jarbou (jep) Modified text on 10/27/2021 (ems).
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| Filing 37 PROPOSED STIPULATION and ORDER Extending Deadline for Defendants/Third-Party Plaintiffs Robert P. Adams and Carol A. Adams to Respond to Motion to Remand Filed by Third-Party Defendant [ECF No. 25] by third-party plaintiffs Carol A. Adams, Robert P. Adams, counter-claimants Carol A. Adams, Robert P. Adams, defendants Carol A. Adams, Robert P. Adams (Hart, David) |
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Filing 36
ORDER adjourning Rule 16 Scheduling Conference pending resolution of pending motions to remand; signed by Magistrate Judge Ray Kent (fhw)
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| Filing 35 MINUTES of omnibus hearing held before Magistrate Judge Ray Kent; date and time set for Rule 16 scheduling conference; conference adjourned pending further order(Proceedings Not Digitally Recorded) (sjc) |
| Filing 34 STIPULATION of dismissal and Notice of Dismissal by third-party defendant United States Army Corps of Engineers (Mazzocco, Nicole) |
| Filing 33 CORPORATE DISCLOSURE STATEMENT by plaintiff Windemere Property Owners Association, Inc., counter-defendant Windemere Property Owners Association, Inc. (Lang, Brian) Modified text and filers on 10/25/2021 (ems). |
| Filing 32 CERTIFICATE of compliance re word count for Brief in Support of a Motion #31 filed by Nancy D. Schuler, Robert J. Schuler, Windemere Property Owners Association, Inc. (Lang, Brian) |
| Filing 31 BRIEF in support of MOTION to remand #30 filed by Nancy D. Schuler, Robert J. Schuler, Windemere Property Owners Association, Inc. (Attachments: #1 Exhibit 1) (Lang, Brian) Modified text on 10/22/2021 (ems). |
| Filing 30 MOTION to remand by plaintiffs Nancy D. Schuler, Robert J. Schuler, Windemere Property Owners Association, Inc., counter-defendants Nancy D. Schuler, Robert J. Schuler, Windemere Property Owners Association, Inc.; (Lang, Brian) |
| Filing 29 SUPPLEMENT re Notice of Appeal, #22 (Supplemental Documentation) by third-party plaintiffs Carol A. Adams, Robert P. Adams, counter-claimants Carol A. Adams, Robert P. Adams, defendants Carol A. Adams, Robert P. Adams (Attachments: #1 Transcript of Hearing dated July 12, 2021, in the Lower Court, Emmet County Circuit Court, Case No. 21-107345-CH) (Mitchell, Matthew) |
| Filing 28 JOINT STATUS REPORT (Lang, Brian) |
| Filing 27 BRIEF in support of MOTION to remand for Lack of Jurisdiction #25 filed by Michigan Department of Environment, Great Lakes and Energy (Bock, Daniel) |
| Filing 26 CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to remand for Lack of Jurisdiction #25 filed by Michigan Department of Environment, Great Lakes and Energy (Bock, Daniel) |
| Filing 25 MOTION to remand for Lack of Jurisdiction by third-party defendant Michigan Department of Environment, Great Lakes and Energy; (Bock, Daniel) |
| Filing 24 LETTER FROM CCA regarding appeal #22 indicating appeal has been docketed as USCA case number 21-1613 (ems) |
| Filing 23 NOTICE re #1 of Joinder, Consent, and Supplement to Notice of Removal by third-party plaintiffs Carol A. Adams, Robert P. Adams, counter-claimants Carol A. Adams, Robert P. Adams, defendants Carol A. Adams, Robert P. Adams (Mitchell, Matthew) Modified text on 10/12/2021 (ems). |
| Filing 22 NOTICE OF APPEAL re state court orders attached to Supplement #19 by third-party plaintiffs Carol A. Adams, Robert P. Adams, counter-claimants Carol A. Adams, Robert P. Adams, defendants Carol A. Adams, Robert P. Adams (Mitchell, Matthew) Modified text and link on 10/8/2021 (jlg) |
| RECEIPT: USCA appeal fee re #22 by Attorney Matthew Mitchell on behalf of third-party plaintiffs, counter-claimants, defendants Carol A. Adams, Robert P. Adams in the amount of $505, receipt number AMIWDC-6563824 (jlg) |
| ANSWER to Counterclaim (as taken from Supplement #19 ) by Nancy D. Schuler, Robert J. Schuler, Windemere Property Owners Association, Inc. (ems) Modified text on 10/15/2021 (ems). |
| ANSWER to complaint #1 with affirmative defenses (as taken from Supplements #17 and #19 ), COUNTERCLAIM against Nancy D. Schuler, Robert J. Schuler, Windemere Property Owners Association, Inc. by Robert P. Adams, Carol A. Adams (ems) |
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Filing 21
STIPULATION AND ORDER granting substitution of counsel; signed by District Judge Hala Y. Jarbou (jep)
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| Filing 20 SUPPLEMENT re Notice of Removal, #1 State Court File - PART 8 of 8 by third-party defendant United States Army Corps of Engineers (Mazzocco, Nicole) |
| Filing 19 SUPPLEMENT re Notice of Removal, #1 State Court File - PART 7 of 8 by third-party defendant United States Army Corps of Engineers (Mazzocco, Nicole) |
| Filing 18 SUPPLEMENT re Notice of Removal, #1 State Court File - PART 6 of 8 by third-party defendant United States Army Corps of Engineers (Mazzocco, Nicole) |
| Filing 17 SUPPLEMENT re Notice of Removal, #1 State Court File - PART 5 of 8 by third-party defendant United States Army Corps of Engineers (Mazzocco, Nicole) |
| Filing 16 SUPPLEMENT re Notice of Removal, #1 State Court File - PART 4 of 8 by third-party defendant United States Army Corps of Engineers (Mazzocco, Nicole) |
| Filing 15 SUPPLEMENT re Notice of Removal, #1 State Court File - PART 3 of 8 by third-party defendant United States Army Corps of Engineers (Mazzocco, Nicole) |
| Filing 14 SUPPLEMENT re Notice of Removal, #1 State Court File - PART 2 of 8 by third-party defendant United States Army Corps of Engineers (Mazzocco, Nicole) |
| Filing 13 SUPPLEMENT re Notice of Removal, #1 State Court File - PART 1 of 8 by third-party defendant United States Army Corps of Engineers (Mazzocco, Nicole) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Matthew Mitchell on behalf of third-party plaintiffs Carol A. Adams, Robert P. Adams, defendants Carol A. Adams, Robert P. Adams (Mitchell, Matthew) |
| Filing 12 PROPOSED ORDER regarding Substitution of Counsel for Defendants/Third-Party Plaintiffs Robert P. Adams and Carol A. Adams by third-party plaintiffs Carol A. Adams, Robert P. Adams, defendants Carol A. Adams, Robert P. Adams [Attorney David E. Hart added to party Carol A. Adams(pty:3pp), Attorney David E. Hart added to party Carol A. Adams(pty:dft), Attorney David E. Hart added to party Robert P. Adams(pty:3pp), Attorney David E. Hart added to party Robert P. Adams(pty:dft)] (Hart, David) |
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Filing 11
ORDER granting #8 motion for extension of time to answer; United States to answer Third-Party Complaint by 11/1/21; signed by District Judge Hala Y. Jarbou (aks)
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| Filing 10 CERTIFICATE regarding compliance with LCivR 7.1(d) re UNOPPOSED MOTION for extension of time to file answer re #1 or Otherwise Plead #8 filed by United States Army Corps of Engineers (Mazzocco, Nicole) |
| Filing 9 MEMORANDUM in support of Motion for Extension of Time to File Answer #8 or Otherwise Plead filed by United States Army Corps of Engineers (Mazzocco, Nicole) |
| Filing 8 UNOPPOSED MOTION for extension of time to file answer re #1 or Otherwise Plead by third-party defendant United States Army Corps of Engineers; (Attachments: #1 Proposed Order for Extension of Time) (Mazzocco, Nicole) |
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Filing 7
ORDER that the removing Third-Party Defendant shall file as a supplement to the original Notice of Removal #1 copies of all records and proceedings of the state court in this matter no later than 10/11/21; signed by District Judge Hala Y. Jarbou (aks)
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Filing 6
ORDER setting Rule 16 scheduling conference by telephone: telephone Rule 16 scheduling conference set for 10/26/2021 at 10:00 AM before Magistrate Judge Ray Kent; status report due by 10/21/2021; signed by Magistrate Judge Ray Kent (fhw)
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| Filing 5 NOTICE that this case has been assigned to Hon. Hala Y. Jarbou (jem) |
| Filing 4 CERTIFICATE OF SERVICE by third-party defendant United States Army Corps of Engineers re Notice of Filing Notice of Removal #2 (Mazzocco, Nicole) |
| Filing 3 CERTIFICATE OF SERVICE by third-party defendant United States Army Corps of Engineers re Notice of Removal, #1 (Mazzocco, Nicole) |
| Filing 2 NOTICE OF FILING notice of removal re #1 directed to Emmet County Circuit Court by third-party defendant United States Army Corps of Engineers (Mazzocco, Nicole) |
| Filing 1 NOTICE OF REMOVAL from Emmet County Circuit Court case number 21-107345-CH filed by United States Army Corps of Engineers (Attachments: #1 Exhibit A-1 - Plaintiff's First Amended Complaint (w/ Exhibits 1-12), #2 Exhibit A-2 - Plaintiff's First Amended Complaint (w/ Exhibits 1-12), #3 Exhibit B - Third-Party Complaint) (Mazzocco, Nicole) |
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