Misle Properties, LLC v. LBUBS 2004-C2 Cranberry Retail GP, LLC et al
| Misle Properties, LLC |
| LNR Partners, LLC, LBUBS 2004-C2 Cranberry Retail GP, LLC, Roe, Inc. and Doe, LLC |
| 4:2018cv03121 |
| August 29, 2018 |
| US District Court for the District of Nebraska |
| John M Gerrard |
| Michael D Nelson |
| Cheryl R Zwart |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Filing 39 NOTICE of (Notice of Change of Firm Name) by Attorney Robin K. Carlson on behalf of Defendants LBUBS 2004-C2 Cranberry Retail GP, LLC, LNR Partners, LLC (Carlson, Robin) |
| Filing 38 REPLY BRIEF in support of MOTION to Dismiss Plaintiff's Amended Complaint or, in the Alternative, Motion to Transfer Venue #25 by Attorney Robin K. Carlson on behalf of Defendants LBUBS 2004-C2 Cranberry Retail GP, LLC, LNR Partners, LLC.(Carlson, Robin) |
Filing 37
ORDER - The Magistrate Judge's findings and recommendation (filing #33 ) are adopted. The plaintiff's motion to remand (filing #18 ) is denied. Ordered by Chief Judge John M. Gerrard. (LKO)
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| Filing 36 NOTICE of Amended Notice of Removal by Attorney Robin K. Carlson on behalf of Defendants LBUBS 2004-C2 Cranberry Retail GP, LLC, LNR Partners, LLC (Attachments: #1 Exhibit A- Notice to State Court, #2 Exhibit B - Complaint from State Court)(Carlson, Robin) |
| Filing 35 BRIEF in opposition to MOTION to Dismiss Plaintiff's Amended Complaint or, in the Alternative, Motion to Transfer Venue #25 and In Support of Remand by Attorney Robert B. Creager on behalf of Plaintiff Misle Properties, LLC. (Attachments: #1 Appendix Add A - Opinion Soroski v. LNR)(Creager, Robert) |
| Filing 34 INDEX in opposition to MOTION to Dismiss Plaintiff's Amended Complaint or, in the Alternative, Motion to Transfer Venue #25 by Attorney Robert B. Creager on behalf of Plaintiff Misle Properties, LLC. (Attachments: #1 Affidavit Marsha Misle Haugland)(Creager, Robert) |
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Filing 33
ORDER AND FINDINGS AND RECOMMENDATION - IT IS ORDERED: Defendants' Motion for Leave to Amend Notice of Removal (Filing No. #21 ) is granted. Defendants shall file their proposed Amended Notice of Removal (Filing No. #21 - #1 ) on or before December 28, 2018. IT IS HEREBY RECOMMENDED to the Honorable John M. Gerrard, Chief United States District Court Judge, that Plaintiff's Motion to Remand to State Court (Filing No. #18 ) be denied. Ordered by Magistrate Judge Michael D. Nelson. (LKO)
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Filing 32
TEXT ORDER granting #31 Motion to Extend. The defendants may reply in support of their motion to dismiss #25 on or before January 3, 2019. Ordered by Chief Judge John M. Gerrard. (DCD)
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| Filing 31 AMENDED MOTION to Extend Time to Respond to MOTION to Dismiss Plaintiff's Amended Complaint or, in the Alternative, Motion to Transfer Venue #25 by Attorney Robert B. Creager on behalf of Plaintiff Misle Properties, LLC.(Creager, Robert) |
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Filing 30
TEXT ORDER granting #29 Motion to Extend. The plaintiff may respond to the defendants' motion to dismiss #25 on or before December 13, 2018. The defendants may reply in support of their motion on or before December 27, 2018. Ordered by Chief Judge John M. Gerrard. (DCD)
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| Filing 29 UNOPPOSED MOTION to Extend Time to Respond to MOTION to Dismiss Plaintiff's Amended Complaint or, in the Alternative, Motion to Transfer Venue #25 by Attorney Robert B. Creager on behalf of Plaintiff Misle Properties, LLC.(Creager, Robert) |
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Filing 28
REASSIGNMENT ORDER - that this case is reassigned to Chief District Judge John M. Gerrard for disposition and to Magistrate Judge Michael D. Nelson for judicial supervision. Ordered by Chief Judge John M. Gerrard. (LKO)
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| Filing 27 INDEX in support of MOTION to Dismiss Plaintiff's Amended Complaint or, in the Alternative, Motion to Transfer Venue #25 by Attorney Robin K. Carlson on behalf of Defendants LBUBS 2004-C2 Cranberry Retail GP, LLC, LNR Partners, LLC. (Attachments: #1 Affidavit Declaration in Support, #2 Exhibit A-Bankruptcy Order, #3 Exhibit B-Mortgage and Security Agreement)(Carlson, Robin) |
| Filing 26 BRIEF in support of MOTION to Dismiss Plaintiff's Amended Complaint or, in the Alternative, Motion to Transfer Venue #25 by Attorney Robin K. Carlson on behalf of Defendants LBUBS 2004-C2 Cranberry Retail GP, LLC, LNR Partners, LLC.(Carlson, Robin) |
| Filing 25 MOTION to Dismiss Plaintiff's Amended Complaint or, in the Alternative, Motion to Transfer Venue by Attorney Robin K. Carlson on behalf of Defendants LBUBS 2004-C2 Cranberry Retail GP, LLC, LNR Partners, LLC.(Carlson, Robin) |
| Filing 24 BRIEF in opposition to MOTION to Remand #18 by Attorney Robin K. Carlson on behalf of Defendants LBUBS 2004-C2 Cranberry Retail GP, LLC, LNR Partners, LLC.(Carlson, Robin) |
| Filing 23 DISCLOSURE Amended Disclosure of Corporate Affiliations, Financial Interest and Business Entity Citizenship by Attorney Robin K. Carlson on behalf of Defendants LBUBS 2004-C2 Cranberry Retail GP, LLC, LNR Partners, LLC.(Carlson, Robin) |
| Filing 22 BRIEF in support of MOTION for Leave to File Amended Notice of Removal #21 by Attorney Robin K. Carlson on behalf of Defendants LBUBS 2004-C2 Cranberry Retail GP, LLC, LNR Partners, LLC.(Carlson, Robin) |
| Filing 21 MOTION for Leave to File Amended Notice of Removal by Attorney Robin K. Carlson on behalf of Defendants LBUBS 2004-C2 Cranberry Retail GP, LLC, LNR Partners, LLC. (Attachments: #1 Exhibit A-Amended Notice of Removal)(Carlson, Robin) |
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Filing 20
TEXT ORDER. Plaintiff has filed an amended complaint. Accordingly, Defendants' motion to dismiss the initial compliant for failure to state a claim, #10 , and the motion to extend the deadline for responding to that motion, #15 , are denied a moot. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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| Filing 19 BRIEF in support of MOTION to Remand #18 by Attorney Robert B. Creager on behalf of Plaintiff Misle Properties, LLC.(Creager, Robert) |
| Filing 18 MOTION to Remand by Attorney Robert B. Creager on behalf of Plaintiff Misle Properties, LLC.(Creager, Robert) |
| Filing 17 AMENDED COMPLAINT against Defendant All Defendants, by Attorney Robert B. Creager on behalf of Misle Properties, LLC (Attachments: #1 Exhibit A)(Creager, Robert) |
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Filing 16
TEXT ORDER granting #14 Motion to Amend. Plaintiff's amended complaint, a copy of which is attached to its motion, shall be filed on or before October 26, 2018. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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| Filing 15 MOTION to Extend Time to Respond to 12(b)6 Motion and Change of Venue MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #10 by Attorney Robert B. Creager on behalf of Plaintiff Misle Properties, LLC.(Creager, Robert) |
| Filing 14 MOTION to Amend Notice of Removal Attorney - Complaint, #1 by Attorney Robert B. Creager on behalf of Plaintiff Misle Properties, LLC. (Attachments: #1 Exhibit Amended Complaint, #2 Appendix Exhibit A to Amended Complaint)(Creager, Robert) |
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Filing 13
ORDER - If the parties consent to final disposition of the case by the undersigned magistrate judge, on or before October 22, 2018, they shall complete the "CONSENT TO RANDOM ASSIGNMENT TO MAGISTRATE JUDGE" located on the court's website at http://www.ned.uscourts.gov/forms/. After all parties have signed this form, e-mail it in.pdf format to clerk@ned.uscourts.gov. Do not electronically file this form or submit it to chambers. In the absence of timely submitting the attached form in accordance with paragraph (1) of this order, the case will be reassigned to a district judge. Ordered by Magistrate Judge Cheryl R. Zwart. (LKO)
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| Filing 12 INDEX in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #10 Index of Evidence by Attorney Robin K. Carlson on behalf of Defendants LBUBS 2004-C2 Cranberry Retail GP, LLC, LNR Partners, LLC. (Attachments: #1 Exhibit Declaration of Michael C. Brook, #2 Exhibit A (Mortgage and Security Agreement, #3 Exhibit B (Assignment Agreement))(Carlson, Robin) |
| Filing 11 BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #10 by Attorney Robin K. Carlson on behalf of Defendants LBUBS 2004-C2 Cranberry Retail GP, LLC, LNR Partners, LLC.(Carlson, Robin) |
| Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney Robin K. Carlson on behalf of Defendants LBUBS 2004-C2 Cranberry Retail GP, LLC, LNR Partners, LLC.(Carlson, Robin) |
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Filing 9
TEXT ORDER granting #8 Motion to Extend.Plaintiff is afforded additional time, until and including October 29, 201, to file any petition for remand. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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| Filing 8 SUPPLEMENTAL MOTION to Extend Time to File for Remand by Attorney Robert B. Creager on behalf of Plaintiff Misle Properties, LLC.(Creager, Robert) |
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Filing 7
TEXT ORDER granting #4 Motion for Extension of Time to File a Responsive Pleading. On or before October 1, 2018, Defendants shall answer or respond to Plaintiffs complaint. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
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| Filing 6 MOTION Consent to Extention of Time regarding MOTION for Extension of Time to File a Responsive Pleading #4 by Attorney Robert B. Creager on behalf of Plaintiff Misle Properties, LLC.(Creager, Robert) |
| Filing 5 TEXT NOTICE OF JUDGE ASSIGNED: Magistrate Judge Cheryl R. Zwart assigned. (LKO) |
| Filing 4 MOTION for Extension of Time to File a Responsive Pleading by Attorney Robin K. Carlson on behalf of Defendants LBUBS 2004-C2 Cranberry Retail GP, LLC, LNR Partners, LLC.(Carlson, Robin) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent Wells Fargo & Company for LBUBS 2004-C2 Cranberry Retail GP, LLC. by Attorney Robin K. Carlson on behalf of Defendants LBUBS 2004-C2 Cranberry Retail GP, LLC, Wells Fargo & Company.(Carlson, Robin) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent Starwood Property Trust, Inc. for LNR Partners, LLC. by Attorney Robin K. Carlson on behalf of Defendants LNR Partners, LLC, Starwood Property Trust, Inc..(Carlson, Robin) |
| Filing 1 NOTICE OF REMOVAL against Misle Properties, LLC from District Court of Lancaster County, NE, Case number D02 CI 180002006 ( Filing fee $ 400, receipt number ANEDC-3754125) with attached state court pleadings, by Attorney Robin K. Carlson on behalf of LNR Partners, LLC, LBUBS 2004-C2 Cranberry Retail GP, LLC (Attachments: #1 Exhibit A - Notice to State Court, #2 Exhibit B - Complaint, #3 Civil Cover Sheet)(Carlson, Robin) |
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