Shannon County, Missouri et al v. L-A-D Foundation
Plaintiff: Shannon County, Missouri, The Shannon County Commission, Dale Counts, Herman Kelly and Jeffrey Scott Cowen
Defendant: L-A-D Foundation and United States
Case Number: 1:2021cv00128
Filed: September 10, 2021
Court: US District Court for the Eastern District of Missouri
Presiding Judge: Stephen N Limbaugh
Nature of Suit: Real Property: Other
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 22, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 22, 2022 Filing 28 JOINT SCHEDULING PLAN by Plaintiffs Dale Counts, Jeffrey Scott Cowen, Herman Kelly, Shannon County, Missouri, Counter Defendants Dale Counts, Jeffrey Scott Cowen, Herman Kelly, Shannon County, Missouri. . (Yarbro, Christopher)
April 7, 2022 Opinion or Order Filing 27 RULE 16 ORDER: Joint Scheduling Plan due by 4/28/2022. Rule 16 Conference set for 5/5/2022 11:00 AM in Telephone Conference in Chambers before District Judge Stephen N. Limbaugh Jr.. Signed by District Judge Stephen N. Limbaugh, Jr on 04/07/2022. (CMH)
March 25, 2022 Filing 26 ANSWER to Complaint by United States.(Llewellyn, Nicholas)
January 21, 2022 Filing 25 SUMMONS Returned Executed filed by Dale Counts, The Shannon County Commission, Herman Kelly, Shannon County, Missouri, Jeffrey Scott Cowen. Defendant United States served on 1/20/2022, answer due 3/21/2022. (Yarbro, Christopher)
January 19, 2022 Summons Issued as to defendant United States, c/o U.S. Attorney. The summons was emailed to chris@kkrylawfirm.com. (CMH)
January 18, 2022 Filing 24 ANSWER to Complaint (Notice of Removal) #3 Petition (Removal/Transfer) filed by Defendant L-A-D Foundation. (Morrison, Bruce)
January 14, 2022 Filing 23 NOTICE Request for Summons: by Plaintiffs Dale Counts, Jeffrey Scott Cowen, Herman Kelly, Shannon County, Missouri, The Shannon County Commission, Counter Defendants Dale Counts, Jeffrey Scott Cowen, Herman Kelly, Shannon County, Missouri, The Shannon County Commission (Attachments: #1 Summons Proposed Summons)(Yarbro, Christopher)
January 4, 2022 Opinion or Order Filing 22 MEMORANDUM AND ORDER re: #10 MOTION to Remand Case to State Court to Circuit Court of Shannon County, Missouri filed by Jeffrey Scott Cowen, The Shannon County Commission, Herman Kelly, Dale Counts, Shannon County, Missouri, #19 MOTION for Joinder of the United States as Party filed by Jeffrey Scott Cowen, The Shannon County Commission, Herman Kelly, Dale Counts, Shannon County, Missouri, #5 MOTION to Dismiss Case filed by Defendant L-A-D Foundation: IT IS HEREBY ORDERED that defendant's motion to dismiss [Doc. 5] is DENIED. IT IS FURTHER ORDERED that plaintiffs' motion to remand [Doc. 10] is DENIED. IT IS FURTHER ORDERED that plaintiffs' motion for joinder of the United States as a party defendant [Doc. 19] is GRANTED. IT IS FINALLY ORDERED that the United States shall be added to this matter as a defendant. Signed by District Judge Stephen N. Limbaugh, Jr on 01/04/2022. (CMH)
November 24, 2021 Filing 21 RESPONSE to Motion re #19 MOTION for Joinder of the United States as Party filed by Defendant L-A-D Foundation. (Morrison, Bruce)
November 11, 2021 Filing 20 MEMORANDUM in Support of Motion re #19 MOTION for Joinder of the United States as Party filed by Plaintiffs Dale Counts, Jeffrey Scott Cowen, Herman Kelly, Shannon County, Missouri, The Shannon County Commission, Counter Defendants Dale Counts, Jeffrey Scott Cowen, Herman Kelly, Shannon County, Missouri, The Shannon County Commission. (Yarbro, Christopher)
November 11, 2021 Filing 19 MOTION for Joinder of the United States as Party by Plaintiffs Dale Counts, Jeffrey Scott Cowen, Herman Kelly, Shannon County, Missouri, The Shannon County Commission, Counter Defendants Dale Counts, Jeffrey Scott Cowen, Herman Kelly, Shannon County, Missouri, The Shannon County Commission. (Yarbro, Christopher)
November 11, 2021 Filing 18 REPLY to Response to Motion re #10 MOTION to Remand Case to State Court to Circuit Court of Shannon County, Missouri filed by Plaintiffs Dale Counts, Jeffrey Scott Cowen, Herman Kelly, Shannon County, Missouri, The Shannon County Commission, Counter Defendants Dale Counts, Jeffrey Scott Cowen, Herman Kelly, Shannon County, Missouri, The Shannon County Commission. (Attachments: #1 Exhibit NPS Nepa Handbook)(Yarbro, Christopher)
November 4, 2021 Opinion or Order Filing 17 Docket Text ORDER: Re: #16 MOTION for Extension of Time to File Response/Reply on Plaintiff's Motion to Remand by Plaintiffs Dale Counts, Jeffrey Scott Cowen, Herman Kelly, Shannon County, Missouri, The Shannon County Commission, Counter Defendants Dale Counts, Jeffrey Scott Cowen, Herman Kelly, Shannon County, Missouri, The Shannon County Commission. (Yarbro, Christopher) filed by Jeffrey Scott Cowen, The Shannon County Commission, Herman Kelly, Dale Counts, Shannon County, Missouri ; ORDERED GRANTING. Signed by District Judge Stephen N. Limbaugh, Jr on 11/4/2021. (CMH)
November 4, 2021 Filing 16 MOTION for Extension of Time to File Response/Reply on Plaintiff's Motion to Remand by Plaintiffs Dale Counts, Jeffrey Scott Cowen, Herman Kelly, Shannon County, Missouri, The Shannon County Commission, Counter Defendants Dale Counts, Jeffrey Scott Cowen, Herman Kelly, Shannon County, Missouri, The Shannon County Commission. (Yarbro, Christopher)
October 26, 2021 Filing 15 MEMORANDUM in Opposition re #10 MOTION to Remand Case to State Court to Circuit Court of Shannon County, Missouri filed by Defendant L-A-D Foundation. (Attachments: #1 Exhibit Ex. A Declaration of Jason Green)(Morrison, Bruce)
October 22, 2021 Filing 14 REPLY to Response to Motion re #5 MOTION to Dismiss Case filed by Defendant L-A-D Foundation. (Attachments: #1 Exhibit Ex A - Statement of Counsel)(Morrison, Bruce)
October 12, 2021 Filing 13 ANSWER to Counterclaim by Dale Counts, Jeffrey Scott Cowen, Herman Kelly, Shannon County, Missouri, The Shannon County Commission.(Yarbro, Christopher)
October 12, 2021 Filing 12 RESPONSE in Opposition re #5 MOTION to Dismiss Case filed by Plaintiffs Dale Counts, Jeffrey Scott Cowen, Herman Kelly, Shannon County, Missouri, The Shannon County Commission, Counter Defendants Dale Counts, Jeffrey Scott Cowen, Herman Kelly, Shannon County, Missouri, The Shannon County Commission. (Yarbro, Christopher)
October 12, 2021 Filing 11 MEMORANDUM in Support of Motion re #10 MOTION to Remand Case to State Court to Circuit Court of Shannon County, Missouri filed by Plaintiffs Dale Counts, Jeffrey Scott Cowen, Herman Kelly, Shannon County, Missouri, The Shannon County Commission, Counter Defendants Dale Counts, Jeffrey Scott Cowen, Herman Kelly, Shannon County, Missouri, The Shannon County Commission. (Attachments: #1 Exhibit L.A.D. Deed, #2 Exhibit Drey Deed, #3 Exhibit 1932 Topo, #4 Exhibit Thomason Survey, #5 Exhibit Towill Survey, #6 Exhibit L.A.D. 2020 Annual Report, #7 Exhibit Tentative Agreement, #8 Exhibit ONSR June 2021 Press Release, #9 Exhibit Email to Nick Llewellyn)(Yarbro, Christopher)
October 12, 2021 Filing 10 MOTION to Remand Case to State Court to Circuit Court of Shannon County, Missouri by Plaintiffs Dale Counts, Jeffrey Scott Cowen, Herman Kelly, Shannon County, Missouri, The Shannon County Commission, Counter Defendants Dale Counts, Jeffrey Scott Cowen, Herman Kelly, Shannon County, Missouri, The Shannon County Commission. (Yarbro, Christopher)
September 21, 2021 Opinion or Order Filing 9 Docket Text ORDER: Re: #8 MOTION for Extension of Time to File Response/Reply by Plaintiffs Dale Counts, Jeffrey Scott Cowen, Herman Kelly, Shannon County, Missouri, The Shannon County Commission. (Yarbro, Christopher) filed by Jeffrey Scott Cowen, The Shannon County Commission, Herman Kelly, Dale Counts, Shannon County, Missouri ; ORDERED GRANTING ( Response due by 10/12/2021.) Signed by District Judge Stephen N. Limbaugh, Jr on 09/21/2021. (CMH)
September 20, 2021 Filing 8 MOTION for Extension of Time to File Response/Reply by Plaintiffs Dale Counts, Jeffrey Scott Cowen, Herman Kelly, Shannon County, Missouri, The Shannon County Commission. (Yarbro, Christopher)
September 17, 2021 Filing 7 COUNTERCLAIM against plaintiff All Plaintiffs, filed by L-A-D Foundation. (Attachments: #1 Exhibit Ex. A Petition)(Morrison, Bruce)
September 17, 2021 Filing 6 MEMORANDUM in Support of Motion re #5 MOTION to Dismiss Case filed by Defendant L-A-D Foundation. (Morrison, Bruce)
September 17, 2021 Filing 5 MOTION to Dismiss Case by Defendant L-A-D Foundation. (Attachments: #1 Exhibit Ex. A Declaration and Deed, #2 Exhibit Ex. B Plan)(Morrison, Bruce)
September 15, 2021 Filing 4 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant L-A-D Foundation. Parent companies: none, Subsidiaries: none, Publicly held company: none,. (Middlebrooks, Madeline)
September 14, 2021 Case Opening Notification. Judge Assigned: U.S. District Judge Stephen N. Limbaugh Jr.. All non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). (CMH)
September 10, 2021 Filing 3 Petition (Removal/Transfer) Received From: Circuit Court of Shannon County, filed by Shannon County, Missouri, Herman Kelly, Dale Counts, The Shannon County Commission, Jeffrey Scott Cowen. (Attachments: #1 Exhibit A, #2 Exhibit B)(CMH)
September 10, 2021 Filing 2 Document #2 deleted as incorrectly filed. There will be no document #2 due to clerical error. Modified on 9/14/2021 (CMH).
September 10, 2021 Filing 1 NOTICE OF REMOVAL from Circuit Court of Shannon County, case number 21AN-CV00090, with receipt number AMOEDC-8859861, in the amount of $402 Non-Jury Demand,, filed by L-A-D Foundation. (Attachments: #1 Exhibit Deed, #2 Exhibit Roads and Trails Plan, #3 Original Filing Form Petition - State Court, #4 Summons Summons - State Court, #5 Waiver of Service Acknowledgement of Service)(Morrison, Bruce)

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Plaintiff: Shannon County, Missouri
Represented By: Christopher L. Yarbro
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Plaintiff: The Shannon County Commission
Represented By: Christopher L. Yarbro
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Plaintiff: Dale Counts
Represented By: Christopher L. Yarbro
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Plaintiff: Herman Kelly
Represented By: Christopher L. Yarbro
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Plaintiff: Jeffrey Scott Cowen
Represented By: Christopher L. Yarbro
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Defendant: L-A-D Foundation
Represented By: Bruce A. Morrison
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Defendant: United States
Represented By: Nicholas P. Llewellyn
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