Farmers and Merchants Bank v. D & G Investments MS, LLC et al
| Farmers and Merchants Bank |
| Corporations XYZ, D & G Investments MS, LLC, Prentiss County Solid Waste, Deborah's LLC, James Gary Walker, Gary Walker, Oxford University Bank, Mississippi Department of Employment Security, Fictitious Defendants A and B, Deborah Ann Bryant and Deborah A. Bryant |
| 1:2024cv00145 |
| July 31, 2024 |
| U.S. District Court for the Northern District of Mississippi |
| Glen H Davidson |
| David A Sanders |
| Real Property: Foreclosure |
| 28 U.S.C. § 1452 Removal of Claims Related to Bankruptcy Cases |
| None |
Docket Report
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This docket was last retrieved on December 10, 2024. A more recent docket listing may be available from PACER.
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Filing 22
REPLY in Support re #6 MOTION to Withdraw Reference and Retain Jurisdiction of Removal (Rebuttal Memorandum) filed by Farmers and Merchants Bank. (Bolen, R.) Modified on 9/25/2024 to change event to reply (jwr).
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Filing 21
REPLY in Support re #9 MOTION to Remand to State Court and to Abstain (Rebuttal Memorandum) filed by Farmers and Merchants Bank. (Attachments: #1 Exhibit A - Guaranty Agreements, #2 Exhibit B - Bankruptcy List of Equity Security Holders) (Bolen, R.) Modified on 9/25/2024 to change event to a reply (jwr).
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Filing 20
MEMORANDUM IN OPPOSITION re #9 MOTION to Remand to State Court and to Abstain, #10 Memorandum in Support . (Geno, Craig)
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Filing 19
RESPONSE in Opposition re #9 MOTION to Remand to State Court and to Abstain filed by Deborah's LLC. (Attachments: #1 Exhibit "A" - Adversary Proceeding Complaint, #2 Exhibit "B" - Motion for Authority to Sell Real Property) (Geno, Craig)
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CLERK'S NOTICE re #17 Response in Opposition to Motion, #18 Memorandum in Opposition : All exhibits should be filed with the response to which they relate and not the memorandum brief, as required by L.U.Civ.R. 7(b)(2). Attorney directed to refile response with exhibits and memorandum brief. (jwr)
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Filing 18
DISREGARD ENTRY - ATTORNEY DIRECTED TO REFILE MEMORANDUM IN OPPOSITION re #9 MOTION to Remand to State Court and to Abstain, #10 Memorandum in Support . (Attachments: #1 Exhibit "A" - Adversary Proceeding Complaint, #2 Exhibit "B" - Motion for Authority to Sell Real Property) (Geno, Craig) Modified on 9/18/2024 (jwr).
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Filing 17
DISREGARD ENTRY - ATTORNEY DIRECTED TO REFILE RESPONSE in Opposition re #9 MOTION to Remand to State Court and to Abstain filed by Deborah's LLC. (Geno, Craig) Modified on 9/18/2024 (jwr).
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Filing 16
RESPONSE in Opposition re #6 MOTION to Withdraw Reference and Retain Jurisdiction of Removal filed by Deborah's LLC. (Attachments: #1 Exhibit "A" - Motion for Authority to Sell Real Property, #2 Exhibit "B" - Adversary Proceeding Complaint) (Geno, Craig)
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Filing 15
MEMORANDUM IN SUPPORT re #14 Response in Opposition to #12 Motion filed by Farmers and Merchants Bank. (Bolen, R.) Modified on 9/13/2024 to link to underlying motion (jwr).
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Filing 14
RESPONSE in Opposition re #12 MOTION to Transfer to Bankruptcy Court filed by Farmers and Merchants Bank. (Attachments: #1 Exhibit A - State Court Amended Complaint, #2 Exhibit B - Docket Sheet for State Case, #3 Exhibit C - Motion to Sell, #4 Exhibit D - Answer of Defendant, James Gary Walker, to Amended State Court Complaint, #5 Exhibit E - Bankruptcy Schedules Filed by Deborah's LLC, #6 Exhibit F - Bankruptcy Statement of Financial Affairs Filed by Deborah's LLC) (Bolen, R.)
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Filing 13
ORDER finding as moot #4 Motion for Extension of Time; granting #11 Motion for Extension of Time to File Response/Reply as to #9 MOTION to Remand to State Court and to Abstain, #6 MOTION to Withdraw Reference and Retain Jurisdiction of Removal , Responses due by 9/17/2024Signed by Senior Judge Glen H. Davidson on 9/11/2024. (tlr)
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Filing 12
MOTION to Transfer to Bankruptcy Court by Deborah's LLC. (Attachments: #1 Exhibit "A" - Motion for Authority to Sell Real Property) (Geno, Craig)
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CLERK'S NOTICE AS TO FUTURE FILINGS re #11 MOTION for Extension of Time: Attorney instructed to include complete case number on all future filings (jwr)
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Filing 11
MOTION for Extension of Time to File Response/Reply as to #9 MOTION to Remand to State Court and to Abstain, #6 MOTION to Withdraw Reference and Retain Jurisdiction of Removal by Deborah's LLC. (Geno, Craig)
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Filing 10
MEMORANDUM IN SUPPORT re #9 MOTION to Remand to State Court and to Abstain . (Bolen, R.)
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Filing 9
MOTION to Remand to State Court and to Abstain by Farmers and Merchants Bank. (Attachments: #1 Exhibit A - Amended Complaint in State Court, #2 Exhibit B - State Court Docket Sheet) (Bolen, R.)
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Filing 8
ANSWER to State Court Complaint Filed in State Court by James Gary Walker. (lgm)
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Filing 7
ANSWER to State Court Complaint filed in State Court by Mississippi Department of Employment Security. (lgm)
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Filing 6
MOTION to Withdraw Reference and Retain Jurisdiction of Removal by Farmers and Merchants Bank. (Bolen, R.)
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Filing 5
STATE COURT RECORD - REMOVAL. (Attachments: #1 1 - Civil Cover Sheet, #2 2 - Complaint for Judicial Foreclosure and Recovery on the Note, #3 2 - Exhibit A, #4 2 - Exhibit B, #5 2 - Exhibit C, #6 2 - Exhibit D, #7 2 - Exhibit E, #8 2 - Exhibit F, #9 2 - Exhibit G, #10 2 - Exhibit H, #11 2 - Exhibit I, #12 2 - Exhibit J, #13 2 - Exhibit K, #14 2 - Exhibit L, #15 2 - Exhibit M, #16 2 - Exhibit N, #17 2 - Exhibit O, #18 2 - Exhibit P, #19 2 - Exhibit Q, #20 2 - Exhibit R, #21 2 - Exhibit S, #22 3 - Order for Setting, #23 20 - Amended Complaint for Judicial Foreclosure and Recovery on the Note, #24 22 - Order for Setting, #25 40 - Proof of Service of Summons to Prentiss County Solid Waste, #26 41 - Proof of Service of Rule 81 Summons to Prentiss County Solid Waste, #27 42 - Proof of Service of Summons to Oxford University Bank, #28 43 - Proof of Service of Rule 81 Summons to Oxford University Bank, #29 44 - Affidavit of Process Server of Non-Service to D & G Investments MS, LLC, #30 45 - Affidavit of Process Server of Non-Service to D & G Investments MS, LLC, #31 46 - Affidavit of Process Server of Non-Service to Deborah Ann Bryant, #32 47 - Affidavit of Process Server of Non-Service to Deborah Ann Bryant, #33 48 - Affidavit of Process Server of Non-Service to Deborah's, LLC, #34 49 - Affidavit of Process Server of Non-Service to Deborah's, LLC, #35 50 - MDES's Answer to Amended Complaint, #36 51 - Proof of Service of Rule 81 Summons to James Gary Walker, #37 52 - Proof of Service of Summons to James Gary Walker, #38 53 - Proof of Service of Rule 81 Summons to Patriot Bank, #39 54 - Proof of Service of Summons to Patriot Bank, #40 55 - Proof of Service of Rule 81 Summons to MDES, #41 56 - Proof of Service of Summons to MDES, #42 57 - James Gary Walker's Answer to Amended Complaint, #43 58 - Order for Setting, #44 60 - Affidavit of Due Diligence, #45 61 - Order of Continuance and Resetting and Order Dismissing Defendant Patriot Bank, #46 66 - Proof of Service of Rule 81 Summons to Deborah Ann Bryant, #47 67 - Proof of Service of Summons to Deborah Ann Bryant, #48 68 - Proof of Service of Summons to Deborah's, LLC, #49 69 - Proof of Service of Rule 81 Summons to D & G Investments MS, LLC, #50 70 - Proof of Service of Rule 81 Summons to Deborah's, LLC, #51 71 - Proof of Service of Summons to D & G Investments MS, LLC, #52 73 - D. Bryant's & D & G Investments MS, LLC's Motion for Extension of Time to file Answer, #53 74 - FMB's Response re #73, #54 75 - FMB's Application for Entry of Default as to D. Bryant, D & G Investments, LLC, Deborah's, LLC, #55 76 - Deborah's LLC's Notice of Filing of Notice of Removal, #56 77 - Deborah's LLC's Suggestion of Bankruptcy, #57 78 - D. Bryant's, D & G Investments MS, LLC's Response in Opposition re #75) (Geno, Craig)
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Filing 4
Unopposed MOTION for Extension of Time to file motion to remand and memorandum in support by Farmers and Merchants Bank. (Bolen, R.)
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Filing 3
NOTICE of Attorney Appearance by R. Michael Bolen on behalf of Farmers and Merchants Bank (Bolen, R.)
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Filing 2
AMENDED STATE COURT COMPLAINT against Deborah Ann Bryant, Corporations XYZ, D & G Investments MS, LLC, Deborah's LLC, Fictitious Defendants A and B, Mississippi Department of Employment Security, Oxford University Bank, Prentiss County Solid Waste, James Gary Walker, filed by Farmers and Merchants Bank. (jla)
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Filing 1
NOTICE OF REMOVAL by Deborah's LLC from Prentiss County Chancery Court, case number 2024-132 (59). ( Filing fee $ 405 receipt number AMSNDC-2421087) Pursuant to Local Uniform Civil Rule 5(b) and the Administrative Procedures for Electronic Case Filing for the Northern District of Mississippi, the removing defendant must electronically file a copy of the entire state court record within 14 days of the date of removal. The state court record will be filed using the event State Court Record - Removal. Attach the Notice/Certificate of Filing State Court Record as the main document with each state court document attached as a separate PDF. All attachments must be clearly identified. The state court record can not be filed conventionally., filed by Deborah's LLC. (Attachments: #1 Exhibit A - Notice of Bankruptcy Filing, #2 Civil Cover Sheet) (jla)
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NOTICE OF ASSIGNMENT. Case assigned to Judge Davidson and Magistrate Judge Sanders. (jla)
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