City of Gautier, Mississippi v. Belk Stores of Mississippi, LLC
Plaintiff: City of Gautier, Mississippi
Defendant: Belk Stores of Mississippi, LLC
Case Number: 1:2022cv00190
Filed: July 22, 2022
Court: U.S. District Court for the Southern District of Mississippi
Presiding Judge: Halil S Ozerden
Referring Judge: Bradley W Rath
2 Judge: Robert H Walker
Nature of Suit: Condemnation
Cause of Action: 28 U.S.C. § 1441 Notice of Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 12, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 12, 2022 DOCKET ANNOTATION as to #16: Incorrect linkage made. Reply to Response to Motion should be linked to #8 Motion to Remand. All related filings to motions (using the "Responses and Replies" category, with the exception of "Response to Order") should be linked back to the original motion. A red message is displayed advising filer to link entry to original motion. Court staff has made the correction. (RLW)
September 9, 2022 Filing 17 RESPONSE in Support re #6 MOTION to Dismiss Pursuant to Rule 12(b)(6) filed by Belk Stores of Mississippi, LLC (Attachments: #1 Exhibit 1 - Gautier's Zoning Map, #2 Exhibit 2 - Unified Development Code)(Bailey, Cody)
September 9, 2022 Filing 16 REPLY to Response to Motion re #12 Response in Opposition to Motion, #8 Motion to Remand, filed by City of Gautier, Mississippi (Howdeshell, Christopher) Modified on 9/12/2022 to create relationship to document #8 (RLW).
August 31, 2022 Opinion or Order TEXT ONLY ORDER granting as unopposed Plaintiff City of Gautier, Mississippi's #15 Motion for Extension of Time to File Reply in support of its #8 Motion to Remand. Any Reply is now due on or before September 9, 2022. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on August 31, 2022. (ENW)
August 30, 2022 Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply as to #12 Response in Opposition to Motion to Remand by City of Gautier, Mississippi (Howdeshell, Christopher)
August 30, 2022 Opinion or Order TEXT ONLY ORDER granting as unopposed Defendant Belk Stores of Mississippi, LLC's #14 Motion for Extension of Time to File Reply in support of its #6 Motion to Dismiss. Any Reply is now due on or before September 9, 2022. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on August 30, 2022. (ENW)
August 29, 2022 Filing 14 Unopposed MOTION for Extension of Time to File Response/Reply as to #6 MOTION to Dismiss Pursuant to Rule 12(b)(6) by Belk Stores of Mississippi, LLC (Bailey, Cody)
August 26, 2022 Filing 13 MEMORANDUM IN SUPPORT re #8 MOTION to Remand , #12 Response in Opposition to Motion filed by Belk Stores of Mississippi, LLC (Bailey, Cody)
August 26, 2022 Filing 12 RESPONSE in Opposition re #8 MOTION to Remand filed by Belk Stores of Mississippi, LLC (Attachments: #1 Exhibit 1 - Declaration of Pete Mirandi)(Bailey, Cody)
August 24, 2022 Filing 11 MEMORANDUM in Opposition re #6 MOTION to Dismiss Pursuant to Rule 12(b)(6) filed by City of Gautier, Mississippi (Howdeshell, Christopher)
August 24, 2022 Filing 10 RESPONSE in Opposition re #6 MOTION to Dismiss Pursuant to Rule 12(b)(6) filed by City of Gautier, Mississippi (Howdeshell, Christopher)
August 24, 2022 DOCKET ANNOTATION as to #11: Incorrect event chosen. An event should be selected based on the title of the document. Therefore, the event, Memorandum in Support, should have been chosen. Attorney is not required to re-file. (RLW)
August 16, 2022 Opinion or Order TEXT ONLY ORDER staying proceedings. Pursuant to Local Uniform Civil Rule 16(b)(3)(B), the attorney conference and disclosure requirements and all discovery are stayed, pending the Court's ruling on the #8 Motion to Remand. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THIS COURT. Signed by Magistrate Judge Bradley W. Rath on 8/16/2022 (TS)
August 15, 2022 Filing 9 MEMORANDUM in Support re #8 MOTION to Remand filed by City of Gautier, Mississippi (Howdeshell, Christopher)
August 15, 2022 Filing 8 MOTION to Remand by City of Gautier, Mississippi (Attachments: #1 Exhibit Business Information from Secretary of State, #2 Exhibit Certificate of Formation, #3 Exhibit 2022 LLC Annual Report)(Howdeshell, Christopher)
August 15, 2022 DOCKET ANNOTATION as to # 8. L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to type in the exhibit letter/number in the description box in future filings. (JCH)
August 12, 2022 Filing 7 MEMORANDUM in Support re #6 MOTION to Dismiss Pursuant to Rule 12(b)(6) filed by Belk Stores of Mississippi, LLC (Bailey, Cody)
August 12, 2022 Filing 6 MOTION to Dismiss Pursuant to Rule 12(b)(6) by Belk Stores of Mississippi, LLC (Attachments: #1 Exhibit 1 - Operating Agreement, #2 Exhibit 2 - Quitclaim Deed, #3 Exhibit 3 - Demolition Agreement, #4 Exhibit 4 - Declaration of William Drinkwater, #5 Exhibit 5 - HB 1724, #6 Exhibit 6 - HB 1769)(Bailey, Cody)
August 1, 2022 Opinion or Order Filing 5 ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Bradley W. Rath for all further proceedings. Magistrate Judge Robert H Walker no longer assigned to case. Signed by Chief District Judge Daniel P. Jordan, III on 8/1/22 (LAT)
August 1, 2022 Remark: Parties should include the newly assigned Magistrate Judges initials BWR on future filings. (LAT)
July 28, 2022 Filing 4 State Court Record by Defendant Belk Stores of Mississippi, LLC (Bailey, Cody)
July 26, 2022 Opinion or Order TEXT ONLY ORDER granting #3 Motion for Extension of Time to File Answer. Defendant Belk Stores of Mississippi, LLC's answer is now due on or before 8/12/2022. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THIS COURT. Signed by Magistrate Judge Robert H Walker on 7/26/22 (TS)
July 25, 2022 Filing 3 MOTION for Extension of Time to File Answer by Belk Stores of Mississippi, LLC (Drinkwater, William)
July 25, 2022 Filing 2 **ERROR**Disregard this entry. Unopposed MOTION for Extension of Time to File Answer by Belk Stores of Mississippi, LLC (Drinkwater, William) Modified on 7/25/2022 (RLW).
July 25, 2022 DOCKET ANNOTATION as to #2: Attorney advises that there is an error in this entry as to the dates, and it should be disregarded. Motion terminated by court staff. (RLW)
July 22, 2022 Filing 1 NOTICE OF REMOVAL by Belk Stores of Mississippi, LLC from Special Court of Eminent Domain, Jackson County, MS, case number 2022-20,567. ( Filing fee $ 402 receipt number 4889377) If the complete state court record is not attached as an Exhibit to the Petition for Removal, pursuant to Rule L.U.Civ.R. 5(b): within 14 days removing party must electronically file the entire state court record as a single filing; and all parties shall, within fourteen days after the Case Management Conference, file as separate docket items any unresolved motions that were filed in state court which they wish to advance. (Attachments: #1 Exhibit 1-Declaration of Alison Foster, Complaint and Pleadings)(wld) (Additional attachment(s) added on 7/22/2022: #2 Civil Cover Sheet) (wld).

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Plaintiff: City of Gautier, Mississippi
Represented By: Christopher M. Howdeshell
Represented By: Christopher M. Howdeshell, I
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Defendant: Belk Stores of Mississippi, LLC
Represented By: Cody C. Bailey
Represented By: William Dement Drinkwater
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