M&W Farms et al v. UMB Bank, N.A. et al
| M&W Farms, Moore Farms Partnership, Murrah B. Hardy, Jr., T&R Farms, Berry Ann Allison, Sunnyside Planting Co., Nathan Little, Tansil Porter doing business as Porter Farms, Hubert Wolfe doing business as High Point Planting Co., V&K Farms, Edward E. Shook, Jamie Holeman, Kelsie Fennell Tribble, D&J Farms, Carty and Ashley Tillman Farms, Twin Bayou Farms and Clint Allison doing business as Clint Allison Farms |
| UMB Bank, N.A. and Horne LLP |
| 3:2023cv00053 |
| March 9, 2023 |
| U.S. District Court for the Northern District of Mississippi |
| Michael P Mills |
| Roy Percy |
| Contract: Other |
| 28 U.S.C. § 1452 Removal of Claims Related to Bankruptcy Cases |
| Plaintiff |
Docket Report
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Filing 32
REPLY to Response to Motion re #22 MOTION to Remand to State Court (Corrected) filed by Berry Ann Allison, Clint Allison, Carty and Ashley Tillman Farms, D&J Farms, Murrah B. Hardy, Jr, Jamie Holeman, Nathan Little, M&W Farms, Moore Farms Partnership, Tansil Porter, Edward E. Shook, Sunnyside Planting Co., T&R Farms, Kelsie Fennell Tribble, Twin Bayou Farms, V&K Farms, Hubert Wolfe. (Attachments: #1 Exhibit A - EGT Bankr. Hearing Tr. Excerpts, #2 Exhibit B - MDAC Hearing Tr. Excerpts) (Barrett, John)
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Filing 31
STATE COURT RECORD - REMOVAL. (Attachments: #1 Exhibit 1 - Civil Cover Sheet, #2 Exhibit 2 - Complaint, #3 Exhibit 3 - Summons Issued to Horne, #4 Exhibit 4 - Summons Issued to UMB Bank, #5 Exhibit 5 - Case Filing Fee Receipt, #6 Exhibit 6 - Summons Executed on Horne, #7 Exhibit 7 - Notice of Appearance, #8 Exhibit 8 - Notice of Appearance, #9 Exhibit 9 - Notice of Appearance, #10 Exhibit 10 - Notice of Filing of Notice of Removal, #11 Exhibit 11 - State Court Docket) (Manuel, J.)
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CLERK'S NOTICE re #1 Notice of Removal: Attorney to file State Court Record as required by L.U.Civ.R. 5(b). (jla)
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Filing 30
RESPONSE in Opposition re #22 MOTION to Remand to State Court (Corrected) filed by UMB Bank, N.A.. (Reed, William)
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Filing 29
DISREGARD ENTRY - REFILED AT DOC 30 RESPONSE in Opposition re #22 MOTION to Remand to State Court (Corrected) filed by UMB Bank, N.A.. (Reed, William) Modified on 4/12/2023 (jla).
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Filing 28
MEMORANDUM IN SUPPORT re #27 Response to #22 Motion to Remand filed by Horne LLP. (Manuel, J.) Modified on 4/13/2023 to link to motion (jwr).
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Filing 27
RESPONSE to Motion re #22 MOTION to Remand to State Court (Corrected) filed by Horne LLP. (Attachments: #1 Exhibit 1 - Bankr. Doc 3105, #2 Exhibit 2 - Proof of Claim) (Manuel, J.)
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CLERK'S NOTICE re #29 Response in Opposition to Motion; Disregard docket entry - Attorney to refile. (jla)
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Filing 26
ORDER granting #20 Motion for Extension of Time to File Response; denying #24 Motion for Reconsideration. Signed by Senior Judge Michael P. Mills on 4/5/2023. (jwr)
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Filing 25
MEMORANDUM IN SUPPORT re #24 MOTION for Reconsideration re #21 Order on Motion for Extension of Time filed by Horne LLP. (Manuel, J.)
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Filing 24
MOTION for Reconsideration re #21 Order on Motion for Extension of Time by Horne LLP. (Manuel, J.)
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Filing 23
MEMORANDUM IN SUPPORT re #22 MOTION to Remand to State Court (Corrected) . (Barrett, John)
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Filing 22
MOTION to Remand to State Court (Corrected) by Berry Ann Allison, Clint Allison, Carty and Ashley Tillman Farms, D&J Farms, Murrah B. Hardy, Jr, Jamie Holeman, Nathan Little, M&W Farms, Moore Farms Partnership, Tansil Porter, Edward E. Shook, Sunnyside Planting Co., T&R Farms, Kelsie Fennell Tribble, Twin Bayou Farms, V&K Farms, Hubert Wolfe. (Attachments: #1 Exhibit A - Bankr. Liquidation Plan, #2 Exhibit B - Bankr. Disclaimer, #3 Exhibit C - Bankr. Operating Report, #4 Exhibit D - Bankr. Disclosure Statement, #5 Exhibit E - Bankr. Order, #6 Exhibit F - Bankr. Excerpt from Claims Register) (Barrett, John)
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CLERK'S NOTICE re #17 Memorandum in Support, #16 MOTION to Remand to State Court ; All exhibits should be filed with the motion to which they relate and not the memorandum brief, as required by L.U.Civ.R. 7(b)(2). Attorney to refile motion and memorandum brief. (jla)
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Filing 21
ORDER granting #18 Motion for Extension of Time to Respond to Motions to Dismiss and Motion to Transfer to Bankruptcy Court. Signed by Senior Judge Michael P. Mills on 3/30/23. (jla)
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Filing 20
MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Transfer to Bankruptcy Court by UMB Bank, N.A.. (Reed, William)
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Filing 19
MEMORANDUM IN SUPPORT re #18 MOTION for Extension of Time to Respond to Motions to Dismiss and Motion to Transfer to Bankruptcy Court . (Barrett, John)
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Filing 18
MOTION for Extension of Time to Respond to Motions to Dismiss and Motion to Transfer to Bankruptcy Court by Berry Ann Allison, Clint Allison, Carty and Ashley Tillman Farms, D&J Farms, Murrah B. Hardy, Jr, Jamie Holeman, Nathan Little, M&W Farms, Moore Farms Partnership, Tansil Porter, Edward E. Shook, Sunnyside Planting Co., T&R Farms, Kelsie Fennell Tribble, Twin Bayou Farms, V&K Farms, Hubert Wolfe. (Barrett, John)
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Filing 17
MEMORANDUM IN SUPPORT re #16 MOTION to Remand to State Court . (Attachments: #1 Exhibit A - Bankr. Liquidation Plan, #2 Exhibit B - Bankr. Disclaimer, #3 Exhibit C - Bankr. Operating Report, #4 Exhibit D - Bankr. Disclosure Statement, #5 Exhibit E - Bankr. Order, #6 Exhibit F - Bankr. Excerpt from Claims Register) (Barrett, John)
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Filing 16
MOTION to Remand to State Court by Berry Ann Allison, Clint Allison, Carty and Ashley Tillman Farms, D&J Farms, Murrah B. Hardy, Jr, Jamie Holeman, Nathan Little, M&W Farms, Moore Farms Partnership, Tansil Porter, Edward E. Shook, Sunnyside Planting Co., T&R Farms, Kelsie Fennell Tribble, Twin Bayou Farms, V&K Farms, Hubert Wolfe. (Barrett, John)
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Filing 15
TEXT NOTICE Cancelling Case Management Conference set for 4/18/23 re #14 Order Staying Case (no document attached) (rtc)
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Filing 14
ORDER STAYING CASE pending resolution of #12 MOTION to Transfer to Bankruptcy Court. Signed by Magistrate Judge Roy Percy on 3/17/2023. (yf)
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Filing 13
MEMORANDUM IN SUPPORT re #12 MOTION to Transfer to Bankruptcy Court filed by Horne LLP. (Bailey, Simon)
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Filing 12
MOTION to Transfer to Bankruptcy Court by Horne LLP. (Attachments: #1 Exhibit 1 - Island Farms Complaint, #2 Exhibit 2 - Island Farms 1st Amended Complaint, #3 Exhibit 3 - Island Farms Motion to Amend, #4 Exhibit 4 - Turner Complaint, #5 Exhibit 5 - Turner Notice of Removal) (Bailey, Simon)
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Filing 11
MEMORANDUM IN SUPPORT re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Horne LLP. (Bailey, Simon)
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Filing 10
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Horne LLP. (Bailey, Simon)
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Filing 9
MEMORANDUM IN SUPPORT re #8 MOTION to Dismiss Complaint. (Reed, William)
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Filing 8
MOTION to Dismiss by UMB Bank, N.A.. (Reed, William)
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Filing 7
DISCLOSURE STATEMENT filed by Horne LLP . (Bailey, Simon)
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Filing 6
DISCLOSURE STATEMENT filed by UMB Bank, N.A. (Supplemental). (Reed, William)
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Filing 5
INITIAL ORDER - RULE 16.1 Case Management Conference set for 4/18/2023 11:00 AM in Oxford Tele-Conference before Magistrate Judge Roy Percy. Signed by Magistrate Judge Roy Percy on 3/14/23. (rtc)
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Filing 4
DISCLOSURE STATEMENT filed by UMB Bank, N.A. . (Reed, William)
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Filing 3
JOINDER re #1 Notice of Removal,,,,, and Supplemental Suggestions in Support of Removal. (Attachments: #1 Exhibit 1 - M & W Farms Complaint, #2 Exhibit 2- Proof of Claims, #3 Exhibit 3 - Joint Motion for Approval of Settlement and Compromise, #4 Exhibit 4 - Order Approving Settlement, #5 Exhibit 5 - BK Order Granting Motion to Amend Order, #6 Exhibit 6 - S.D. Miss. Amended Complaint, #7 Exhibit 7 - S.D. Miss. Motion to Dismiss, #8 Exhibit 8 - S.D. Miss. Opposition to Motion to Dismiss, #9 Exhibit 9 - S.D. Miss. Rebuttal in Opposition to MTD, #10 Exhibit 10 - Supplement to Motion to Approve Settlement, #11 Exhibit 11 - Bankr. Disclaiming Farmer Objection, #12 Exhibit 12 - Bankr. UMB Response to Limited Objection, #13 Exhibit 13 - Bankr. Disclaiming Farmer Sur-reply, #14 Exhibit 14 - Federal Indictment, #15 Exhibit 15 - John Coleman state indictment) (Reed, William)
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Filing 2
STATE COURT COMPLAINT against All Defendants, filed by Sunnyside Planting Co., V&K Farms, Clint Allison, Edward E. Shook, Tansil Porter, M&W Farms, Jamie Holeman, Murrah B. Hardy, Jr, Nathan Little, Berry Ann Allison, D&J Farms, Twin Bayou Farms, Hubert Wolfe, Carty and Ashley Tillman Farms, Moore Farms Partnership, T&R Farms, Kelsie Fennell Tribble. (jla)
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Filing 1
NOTICE OF REMOVAL by Horne LLP from Tallahatchie County Circuit Court, case number CV23-9SMT2. ( Filing fee $ 402 receipt number AMSNDC-2216398) 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 Horne LLP. (Attachments: #1 Exhibit 1 - EGT Bankruptcy Petition, #2 Exhibit 2 - Summons and Complaint, #3 Exhibit 3 - Combined Horne Engagement Letters, #4 Exhibit 4 - Express Grains Amended Disclosure Statement, #5 Exhibit 5 - Settlement Order Approval, #6 Exhibit 6 - Bankruptcy Settlement Order, #7 Exhibit 7 - List of Disclaiming Farmers, #8 Exhibit 8 - Bankruptcy Proof of Claim, #9 Exhibit 9 - State Court Record, #10 Civil Cover Sheet) (jla)
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CLERK'S NOTICE: F.R.C.P. 7.1(a)(1) requires the filing of a corporate statement by any nongovernmental corporate party that (A) identifies any parent corporation and any publicly held corporation owning 10% or more of its stock; or (2) states that there is no such corporation. Please use the civil event Disclosure Statement to file the required corporate statement. (jla)
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NOTICE OF ASSIGNMENT. Case assigned to Judge Mills and Magistrate Judge Percy. (jla)
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