Wheeler et al v. UMB Bank, N.A. et al
| Lawyer Wheeler and Ashley Selman Farms Partnership |
| UMB Bank, N.A. and Horne LLP |
| 4:2023cv00243 |
| December 29, 2023 |
| US District Court for the Northern District of Mississippi |
| Debra M Brown |
| Jane M Virden |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 5, 2024. A more recent docket listing may be available from PACER.
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Filing 44
REPLY to Response to Motion re #38 MOTION for Leave to Conduct Remand-Related Discovery filed by UMB Bank, N.A.. (Kidd, D.)
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Filing 43
MEMORANDUM IN SUPPORT re #42 Response in Opposition to #38 Motion for Leave to Conduct Remand-Related Discovery - Corrected Dkt. No. 40 filed by Ashley Selman Farms Partnership, Lawyer Wheeler. (Barrett, John) Modified on 2/16/2024 to link to motion (jwr).
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Filing 42
RESPONSE in Opposition re #38 MOTION for Leave to Conduct Remand-Related Discovery filed by Ashley Selman Farms Partnership, Lawyer Wheeler. (Barrett, John)
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Filing 41
ORDER denying #15 Motion for Extension of Time to File Response/Reply as to #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Signed by District Judge Debra M. Brown on 2/15/2024. (lld)
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Per Order #41 Reset Deadlines as to #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Responses due by 2/29/2024. (lld)
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CLERK'S NOTICE re #40 Response in Opposition to Motion: Attorney to refile response and memorandum brief as separate docket entries as required by L.U.Civ.R. 7(b)(2). (jwr)
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Filing 40
DISREGARD ENTRY - ATTORNEY DIRECTED TO REFILE RESPONSE in Opposition re #38 MOTION for Leave to Conduct Remand-Related Discovery filed by Ashley Selman Farms Partnership, Lawyer Wheeler. (Barrett, John) Modified on 2/15/2024 (jwr).
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Filing 39
MEMORANDUM IN SUPPORT re #38 MOTION for Leave to Conduct Remand-Related Discovery . (Kidd, D.)
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Filing 38
MOTION for Leave to Conduct Remand-Related Discovery by UMB Bank, N.A.. (Attachments: #1 Exhibit 1 - Interrogatories to both Plaintiffs, #2 Exhibit 2 - Requests for Production to both Plaintiffs, #3 Exhibit 3 - Deposition Notice to Plaintiff Lawyer Wheeler, #4 Exhibit 4 - Deposition Notice to Plaintiff Ashley Selman Farms Partnership) (Kidd, D.)
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Filing 37
STATE COURT RECORD - REMOVAL. (Attachments: #1 Exhibit A - Civil Cover Sheet from State Court Record, #2 Exhibit B - Complaint filed November 29, 2023 from State Court Record, #3 Exhibit C - UMB Bank Summons from State Court Record, #4 Exhibit D - Horne LLP Summons from State Court Record) (Kidd, D.)
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Filing 36
REPLY to Response to Motion re #13 MOTION to Remand to State Court filed by Ashley Selman Farms Partnership, Lawyer Wheeler. (Barrett, John)
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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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CLERK'S NOTICE TO ALL COUNSEL OF RECORD: All related filings to motion must be linked back to the original motion instead of a responsive pleading. Court staff has made corrections re #16 , #27 , #29 , #33 , #34 , and #35 . **Counsel will be directed to refile in the future if not properly linked** (jla)
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CLERK'S NOTICE re #27 Notice (Other); L.U.Civ.R. 7(b)(2) and Administrative Procedures Section 3(A)(8) states that all supporting exhibits must be denominated by both an exhibit letter or number and a meaningful description; Court staff has made the correction. Attorney will be directed to refile in the future. (jla)
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Filing 35
MEMORANDUM IN SUPPORT re #34 Response to Motion re #15 MOTION for Extension of Time to File Response/Reply as to #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM; #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Horne LLP. (Manuel, J.) Modified on 2/5/2024 to link to underlying motions (jla).
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Filing 34
RESPONSE to Motion re #15 MOTION for Extension of Time to File Response/Reply as to #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Horne LLP. (Manuel, J.) Modified on 2/5/2024 to link to underlying motions (jla).
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Filing 33
MEMORANDUM IN SUPPORT re #32 Response to Motion re #13 MOTION to Remand to State Court filed by Horne LLP. (Manuel, J.) Modified on 2/5/2024 to link to underlying motion (jla).
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Filing 32
RESPONSE to Motion re #13 MOTION to Remand to State Court filed by Horne LLP. (Manuel, J.)
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Filing 31
RESPONSE in Opposition re #13 MOTION to Remand to State Court filed by UMB Bank, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Kidd, D.)
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Filing 30
Minute Entry for proceedings held before Magistrate Judge Jane M. Virden: Telephonic Status Conference held on 1/30/2024. (irw)
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Filing 29
NOTICE by John W. Don Barrett on behalf of Ashley Selman Farms Partnership, Lawyer Wheeler re #27 Notice (Other) Notice of Objection to Proposed Remand Discovery re #13 MOTION to Remand to State Court (Attachments: #1 Exhibit A - Judge Mills' Order on Remand) (Barrett, John) Modified on 2/5/2024 to link to underlying motion (jla).
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Filing 28
NOTICE of Conference: Telephonic Status Conference set for 1/30/2024 at 02:00 PM before Magistrate Judge Jane M. Virden. (irw)
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Filing 27
NOTICE by D. Sterling Kidd on behalf of UMB Bank, N.A. NOTICE REGARDING INTENT TO SEEK DISCOVERY ON PLAINTIFFS MOTION TO REMAND re #13 MOTION to Remand to State Court (Attachments: #1 Exhibit 1 - Interrogatories to Both Plaintiffs, #2 Exhibit 2 - Requests for Production to both Plaintiffs, #3 Exhibit 3 - Deposition Notice to Plaintiff Lawyer Wheeler, #4 Exhibit 4 - Deposition Notice to Ashley Selman Farms Partnership) (Kidd, D.) Modified on 2/5/2024 to link to underlying motion and add exhibit descriptions (jla).
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Filing 26
NOTICE of Attorney Appearance by Jennifer E. Kelly on behalf of All Plaintiffs (Kelly, Jennifer)
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Filing 25
NOTICE of Attorney Appearance by Monica Evan Miller on behalf of All Plaintiffs (Miller, Monica)
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Filing 24
NOTICE of Attorney Appearance by Charles J. LaDuca on behalf of All Plaintiffs (LaDuca, Charles)
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Filing 23
NOTICE of Attorney Appearance by Schyler Burney on behalf of Horne LLP (Burney, Schyler)
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Filing 22
NOTICE cancelling the Telephonic Case Management Conference re #12 Initial Order - Rule 16.1. (irw)
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Filing 21
ORDER STAYING CASE. Signed by Magistrate Judge Jane M. Virden on 1/18/2024. (jla)
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Filing 20
ORDER granting #17 Motion to Appear Pro Hac Vice; Attorney Monica Miller; granting #18 Motion to Appear Pro Hac Vice; Attorney Charles J. LaDuca; granting #19 Motion to Appear Pro Hac Vice; Attorney Jennifer E. Kelly. Signed by Magistrate Judge Jane M. Virden on 1/18/2024. (jla)
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Filing 19
MOTION to Appear Pro Hac Vice ; Attorney Jennifer E. Kelly,(Paid $150 PHV fee; receipt number AMSNDC-2343263) by Ashley Selman Farms Partnership, Lawyer Wheeler. (Attachments: #1 Certificate of Good Standing - DC, #2 Certificate of Good Standing - MD) (Aldridge, Sarah)
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Filing 18
MOTION to Appear Pro Hac Vice ; Attorney Charles J. LaDuca,(Paid $150 PHV fee; receipt number AMSNDC-2343262) by Ashley Selman Farms Partnership, Lawyer Wheeler. (Attachments: #1 Certificate of Good Standing - DC, #2 Certificate of Good Standing - NY) (Aldridge, Sarah)
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Filing 17
MOTION to Appear Pro Hac Vice ; Attorney Monica Miller,(Paid $150 PHV fee; receipt number AMSNDC-2343259) by Ashley Selman Farms Partnership, Lawyer Wheeler. (Attachments: #1 Certificate of Good Standing - MA, #2 Certificate of Good Standing - DC) (Aldridge, Sarah)
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Filing 16
MEMORANDUM IN SUPPORT re #15 MOTION for Extension of Time to File Response/Reply as to #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Barrett, John) Modified on 2/5/2024 to link to underlying motions (jla).
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Filing 15
MOTION for Extension of Time to File Response/Reply as to #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Ashley Selman Farms Partnership, Lawyer Wheeler. (Attachments: #1 Exhibit A - Judge Mills' Order Granting Extension, #2 Exhibit B - Judge Mills' Order Denying Motion for Reconsideration) (Barrett, John)
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Filing 14
MEMORANDUM IN SUPPORT re #13 MOTION to Remand to State Court . (Barrett, John)
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Filing 13
MOTION to Remand to State Court by Ashley Selman Farms Partnership, Lawyer Wheeler. (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 12
INITIAL ORDER - RULE 16.1: Telephonic Case Management Conference set for 2/20/2024 at 11:00 AM before Magistrate Judge Jane M. Virden. Confidential memos and a jointly proposed Case Management Order due no later than 2/6/2024. Signed by Magistrate Judge Jane M. Virden on 1/16/2024. (irw)
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Filing 11
MEMORANDUM IN SUPPORT re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Kidd, D.)
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Filing 10
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by UMB Bank, N.A.. (Kidd, D.)
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Filing 9
MEMORANDUM IN SUPPORT re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Horne LLP. (Manuel, J.)
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Filing 8
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Horne LLP. (Manuel, J.)
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Filing 7
DISCLOSURE STATEMENT filed by Horne LLP . (Manuel, J.)
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Filing 6
NOTICE of Attorney Appearance by J. William Manuel on behalf of Horne LLP (Manuel, J.)
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Filing 5
DISCLOSURE STATEMENT filed by UMB Bank, N.A. Corporate. (Kidd, D.)
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Filing 3
CLERK'S NOTICE of Failure by Counsel to be Admitted to Practice as to Charles J. LaDuca, Monica Miller, and Jennifer E. Kelly (jla)
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CLERK'S NOTICE: F.R.C.P. 7.1(a)(2) requires all parties in a diversity action to file a disclosure statement at the time of the initial appearance and/or pleading. The disclosure statement must name and disclose the citizenship of every individual or entity whose citizenship is attributed to that party. Please use the civil event Disclosure Statement to file the required disclosure statement. (jla)
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NOTICE OF ASSIGNMENT. Case assigned to Judge Brown and Magistrate Judge Virden. (jla)
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Filing 4
JOINDER re #1 Notice of Removal,,,, 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. Agreed Order Confirming Plan of Liquidation) (Bailey, Simon) Modified on 1/2/2024 to revise "Filed" date to date received in clerk's office (jwr).
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Filing 2
STATE COURT COMPLAINT against Horne LLP, UMB Bank, N.A., filed by Lawyer Wheeler, Ashley Selman Farms Partnership. (jla)
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Filing 1
NOTICE OF REMOVAL by UMB Bank, N.A. from 2023-0088-CICI, case number Leflore County Circuit Court. ( Filing fee $ 405 receipt number AMSNDC-2336843) 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 UMB Bank, N.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 1-1, #3 Exhibit 1-2, #4 Exhibit 2-1, #5 Exhibit 2-2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Civil Cover Sheet) (jla)
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