Wheeler et al v. UMB Bank, N.A. et al
Plaintiff: Lawyer Wheeler and Ashley Selman Farms Partnership
Defendant: UMB Bank, N.A. and Horne LLP
Case Number: 4:2023cv00243
Filed: December 29, 2023
Court: US District Court for the Northern District of Mississippi
Presiding Judge: Debra M Brown
Referring Judge: Jane M Virden
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Fraud
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 5, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 20, 2024 Opinion or Order 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.)
February 15, 2024 Opinion or Order 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).
February 15, 2024 Opinion or Order 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)
February 15, 2024 Opinion or Order 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)
February 15, 2024 Opinion or Order 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)
February 15, 2024 Opinion or Order 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)
February 14, 2024 Opinion or Order 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).
February 7, 2024 Opinion or Order Filing 39 MEMORANDUM IN SUPPORT re #38 MOTION for Leave to Conduct Remand-Related Discovery . (Kidd, D.)
February 7, 2024 Opinion or Order 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.)
February 7, 2024 Opinion or Order 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.)
February 7, 2024 Opinion or Order 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)
February 6, 2024 Opinion or Order CLERK'S NOTICE re #1 Notice of Removal: Attorney to file State Court Record as required by L.U.Civ.R. 5(b). (jla)
February 5, 2024 Opinion or Order 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)
February 5, 2024 Opinion or Order 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)
January 31, 2024 Opinion or Order 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).
January 31, 2024 Opinion or Order 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).
January 31, 2024 Opinion or Order 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).
January 31, 2024 Opinion or Order Filing 32 RESPONSE to Motion re #13 MOTION to Remand to State Court filed by Horne LLP. (Manuel, J.)
January 31, 2024 Opinion or Order 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.)
January 30, 2024 Opinion or Order Filing 30 Minute Entry for proceedings held before Magistrate Judge Jane M. Virden: Telephonic Status Conference held on 1/30/2024. (irw)
January 26, 2024 Opinion or Order 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).
January 26, 2024 Opinion or Order Filing 28 NOTICE of Conference: Telephonic Status Conference set for 1/30/2024 at 02:00 PM before Magistrate Judge Jane M. Virden. (irw)
January 25, 2024 Opinion or Order 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).
January 24, 2024 Opinion or Order Filing 26 NOTICE of Attorney Appearance by Jennifer E. Kelly on behalf of All Plaintiffs (Kelly, Jennifer)
January 24, 2024 Opinion or Order Filing 25 NOTICE of Attorney Appearance by Monica Evan Miller on behalf of All Plaintiffs (Miller, Monica)
January 24, 2024 Opinion or Order Filing 24 NOTICE of Attorney Appearance by Charles J. LaDuca on behalf of All Plaintiffs (LaDuca, Charles)
January 19, 2024 Opinion or Order Filing 23 NOTICE of Attorney Appearance by Schyler Burney on behalf of Horne LLP (Burney, Schyler)
January 18, 2024 Opinion or Order Filing 22 NOTICE cancelling the Telephonic Case Management Conference re #12 Initial Order - Rule 16.1. (irw)
January 18, 2024 Opinion or Order Filing 21 ORDER STAYING CASE. Signed by Magistrate Judge Jane M. Virden on 1/18/2024. (jla)
January 18, 2024 Opinion or Order 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)
January 18, 2024 Opinion or Order 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)
January 18, 2024 Opinion or Order 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)
January 18, 2024 Opinion or Order 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)
January 17, 2024 Opinion or Order 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).
January 17, 2024 Opinion or Order 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)
January 17, 2024 Opinion or Order Filing 14 MEMORANDUM IN SUPPORT re #13 MOTION to Remand to State Court . (Barrett, John)
January 17, 2024 Opinion or Order 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)
January 16, 2024 Opinion or Order 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)
January 5, 2024 Opinion or Order Filing 11 MEMORANDUM IN SUPPORT re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Kidd, D.)
January 5, 2024 Opinion or Order Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by UMB Bank, N.A.. (Kidd, D.)
January 5, 2024 Opinion or Order Filing 9 MEMORANDUM IN SUPPORT re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Horne LLP. (Manuel, J.)
January 5, 2024 Opinion or Order Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Horne LLP. (Manuel, J.)
January 5, 2024 Opinion or Order Filing 7 DISCLOSURE STATEMENT filed by Horne LLP . (Manuel, J.)
January 5, 2024 Opinion or Order Filing 6 NOTICE of Attorney Appearance by J. William Manuel on behalf of Horne LLP (Manuel, J.)
January 3, 2024 Opinion or Order Filing 5 DISCLOSURE STATEMENT filed by UMB Bank, N.A. Corporate. (Kidd, D.)
January 2, 2024 Opinion or Order 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)
January 2, 2024 Opinion or Order 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)
January 2, 2024 Opinion or Order NOTICE OF ASSIGNMENT. Case assigned to Judge Brown and Magistrate Judge Virden. (jla)
December 29, 2023 Opinion or Order 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).
December 29, 2023 Opinion or Order Filing 2 STATE COURT COMPLAINT against Horne LLP, UMB Bank, N.A., filed by Lawyer Wheeler, Ashley Selman Farms Partnership. (jla)
December 29, 2023 Opinion or Order 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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Search for this case: Wheeler et al v. UMB Bank, N.A. et al
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Plaintiff: Lawyer Wheeler
Represented By: Charles M. Merkel, Jr.
Represented By: Christopher Wayne Winter
Represented By: David Malcolm McMullan, Jr
Represented By: Eugene C. Tanner, III
Represented By: Gerald Moses Abdalla, Jr.
Represented By: John W. Don Barrett
Represented By: John H. Cocke
Represented By: Katherine Barrett Riley
Represented By: Michael T. Lewis, Sr
Represented By: Pauline Shuler Lewis
Represented By: Richard Runft Barrett
Represented By: Sarah Sterling Aldridge
Represented By: Charles J. LaDuca
Represented By: Jennifer E. Kelly
Represented By: Monica Evan Miller
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Plaintiff: Ashley Selman Farms Partnership
Represented By: Charles M. Merkel, Jr.
Represented By: Christopher Wayne Winter
Represented By: David Malcolm McMullan, Jr
Represented By: Eugene C. Tanner, III
Represented By: Gerald Moses Abdalla, Jr.
Represented By: John W. Don Barrett
Represented By: John H. Cocke
Represented By: Katherine Barrett Riley
Represented By: Michael T. Lewis, Sr
Represented By: Pauline Shuler Lewis
Represented By: Richard Runft Barrett
Represented By: Sarah Sterling Aldridge
Represented By: Charles J. LaDuca
Represented By: Jennifer E. Kelly
Represented By: Monica Evan Miller
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Defendant: UMB Bank, N.A.
Represented By: Conner G. Whitten, I
Represented By: D. Sterling Kidd
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Defendant: Horne LLP
Represented By: J. William Manuel
Represented By: Simon T. Bailey
Represented By: Schyler Burney
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