Short Creek Development, LLC, et al v. MFA Incorporated
Plaintiff: Short Creek Development, LLC and Short Creek Advisors, LLC
Defendant: MFA Incorporated
Case Number: 3:2022cv05021
Filed: March 28, 2022
Court: US District Court for the Western District of Missouri
Presiding Judge: W Brian Gaddy
Nature of Suit: Environmental Matters
Cause of Action: 42 U.S.C. § 9601 Comprehensive Environm Resp, Comp & Liability Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 6, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 25, 2022 Opinion or Order NOTICE of filing: Mediation and Assessment Program Reminder: Your post-mediation status report is due within 10 calendar days after the mediation. See MAP FAQs on Court's website for specifics and submit report(s) to: map@mow.uscourts.gov. (ADI, MAP)
May 24, 2022 Opinion or Order Filing 22 DESIGNATION OF MEDIATOR naming Joseph Dandurand(Bowers, Aaron)
May 20, 2022 Opinion or Order Filing 21 ORDER granting #7 sponsoring attorney Colin Gotham's unopposed motion to be excused from further attendance in this matter. However, pursuant to Local Rule 83.5(h)(5), Mr. Gotham shall retain all responsibilities of an attorney of record and must continue to accept service of papers and to serve as a point of contact or communication between the Court and the party he represents. Signed on 5/20/22 by Magistrate Judge W. Brian Gaddy. This is a TEXT ONLY ENTRY. No document is attached. (Kitsmiller, Julia)
May 20, 2022 Opinion or Order Filing 20 ORDER TRANSFERRING CASE. Pursuant to 28 U.S.C. 636(c) and the parties previous consent, case is transferred back to Magistrate Judge W. Brian Gaddy for all further proceedings. Chief District Judge Beth Phillips no longer assigned to case. Please note new case number: 22-5021-CV-SW-WBG. Signed on 5/20/22 by Chief District Judge Beth Phillips. (Murphy-Carr, Shauna)
May 19, 2022 Opinion or Order Filing 19 NOTICE of Magistrate Judge Assignment Returned by MFA Incorporated, Short Creek Advisors, LLC, Short Creek Development, LLC. Jurisdiction by magistrate judge accepted. ALL PARTIES HAVE CONSENTED. (Clerk's Office note: These consent forms were delayed by a late notification of receipt by Microsoft Outlook.) (Attachments: #1 Magistrate Consent)(Melvin, Greg)
May 19, 2022 Opinion or Order Filing 18 NOTICE OF REASSIGNMENT from Magistrate Judge W. Brian Gaddy to Chief District Judge Beth Phillips. Please note the new case number: 22-5021-CV-SW-BP. (Melvin, Greg)
May 19, 2022 Opinion or Order Filing 17 ORDER TRANSFERRING/REASSIGNING CASE. Having not received consent to proceed before the undersigned in this matter, the Clerk of the Court shall immediately transfer and reassign this matter to a District Judge for all further proceedings. Signed on 5/19/22 by Magistrate Judge W. Brian Gaddy. This is a TEXT ONLY ENTRY. No document is attached. (Kitsmiller, Julia)
May 18, 2022 Opinion or Order Filing 16 REPLY SUGGESTIONS to motion re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jean Paul Bradshaw, II on behalf of Defendant MFA Incorporated. (Related document(s) #9 ) (Bradshaw, Jean)
May 9, 2022 Opinion or Order Filing 15 DISCLOSURE OF CORPORATE INTERESTS filed by Grant A. Harse on behalf of Defendant MFA Incorporated.(Harse, Grant)
May 4, 2022 Opinion or Order Filing 14 CERTIFICATE OF SERVICE by All Plaintiffs re #13 Suggestions in Opposition to Motion, filed by Aaron Lowell Bowers on behalf of Plaintiffs Short Creek Advisors, LLC, Short Creek Development, LLC. Related document: #13 Suggestions in Opposition to Motion, filed by Short Creek Development, LLC, Short Creek Advisors, LLC.(Bowers, Aaron)
May 4, 2022 Opinion or Order Filing 13 SUGGESTIONS in opposition re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Aaron Lowell Bowers on behalf of Plaintiffs Short Creek Advisors, LLC, Short Creek Development, LLC. Reply suggestions due by 5/18/2022 unless otherwise directed by the court. (Related document(s) #9 ) (Bowers, Aaron)
April 27, 2022 Opinion or Order NOTICE of filing: Mediation and Assessment Program Reminder: Your Designation of Mediator is due soon (filed as an ADR event in CM/ECF). See Notice of Inclusion and MAP General Order for specifics. (ADI, MAP)
April 25, 2022 Opinion or Order Filing 12 RULE 16 NOTICE. The parties' Rule 26 conference shall take place on or before 5/27/2022, and the joint proposed scheduling order shall be filed by 6/10/2022. Corporate disclosure statements shall be filed by 5/9/2022. Signed on 4/25/22 by Magistrate Judge W. Brian Gaddy. (Kitsmiller, Julia)
April 22, 2022 Opinion or Order NOTICE OF MAGISTRATE JUDGE ASSIGNMENT as to Defendant: All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge assignment. Click # here for instructions. Form due by 5/13/2022 unless otherwise directed by the court. (Melvin, Greg)
April 21, 2022 Opinion or Order Filing 11 NOTICE of appearance by Grant A. Harse on behalf of MFA Incorporated (Attorney Grant A. Harse added to party MFA Incorporated (pty:dft))(Harse, Grant)
April 20, 2022 Opinion or Order Filing 10 SUGGESTIONS in support re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jean Paul Bradshaw, II on behalf of Defendant MFA Incorporated. (Attachments: #1 Bradshaw Declaration, #2 Exhibit 1 - DNR Permit, #3 Exhibit 2 - FI Missouri Remediation Trust Agreement, #4 Exhibit 3 - Real Estate Purchase Agreement)(Related document(s) #9 ) (Bradshaw, Jean)
April 20, 2022 Opinion or Order Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jean Paul Bradshaw, II on behalf of MFA Incorporated. Suggestions in opposition/response due by 5/4/2022 unless otherwise directed by the court. (Bradshaw, Jean)
April 20, 2022 Opinion or Order Filing 8 NOTICE of appearance by Jean Paul Bradshaw, II on behalf of MFA Incorporated (Attorney Jean Paul Bradshaw, II added to party MFA Incorporated (pty:dft))(Bradshaw, Jean)
April 4, 2022 Opinion or Order Filing 7 MOTION for order Excusing Counsel from Further Attendance Pursuant to L.R. 83.5(h)(5) filed by Colin N Gotham on behalf of Short Creek Advisors, LLC, Short Creek Development, LLC. Suggestions in opposition/response due by 4/18/2022 unless otherwise directed by the court. (Gotham, Colin)
April 4, 2022 Opinion or Order Filing 6 DISCLOSURE OF CORPORATE INTERESTS filed by Aaron Lowell Bowers on behalf of Plaintiffs Short Creek Advisors, LLC, Short Creek Development, LLC.(Bowers, Aaron)
March 31, 2022 Opinion or Order Filing 5 RETURN OF SERVICE of complaint executed by Short Creek Development, LLC, Short Creek Advisors, LLC. MFA Incorporated served on 3/30/2022, answer due 4/20/2022. (Gotham, Colin)
March 29, 2022 Opinion or Order Filing 4 ORDER granting #3 motion to appear pro hac vice entered by Clerk of Court. Attorney Aaron Lowell Bowers for Short Creek Advisors, LLC and Short Creek Development, LLC allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Warren, Melissa)
March 29, 2022 Opinion or Order SUMMONS ISSUED as to MFA Incorporated. Summons emailed to Plaintiff's counsel for service. (Furtak, Rebecca)
March 28, 2022 Opinion or Order Filing 3 Motion to allow Aaron L. Bowers to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7863718) filed by Colin N Gotham on behalf of All Plaintiffs. (Gotham, Colin)
March 28, 2022 Opinion or Order Filing 2 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Siegert, Karen)
March 28, 2022 Opinion or Order Filing 1 COMPLAINT against MFA INCORPORATED, A MISSOURI NON-STOCK COOP filed by Colin N Gotham on behalf of SHORT CREEK DEVELOPMENT, LLC; AND SHORT CREEK ADVISORS, LLC, EACH A DAUGHTER SERIES OF SHORT CREEK CAPITAL, LLC, A MISSOURI SERIES LIMITED LIABILITY COMPANY. Filing fee $402, receipt number Paid. Service due by 6/27/2022 unless otherwise directed by the court. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Gotham, Colin)
March 28, 2022 Opinion or Order NOTICE OF MAGISTRATE JUDGE ASSIGNMENT as to Plaintiffs: All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge assignment. Click # here for instructions. Form due by 4/18/2022 unless otherwise directed by the court. (Siegert, Karen)

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Plaintiff: Short Creek Development, LLC
Represented By: Colin N Gotham
Represented By: Aaron Lowell Bowers
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Plaintiff: Short Creek Advisors, LLC
Represented By: Colin N Gotham
Represented By: Aaron Lowell Bowers
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Defendant: MFA Incorporated
Represented By: Jean Paul Bradshaw, II
Represented By: Grant A. Harse
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