Phive Starr Properties, L.P. et al v. Farmers' Ethanol LLC et al
Plaintiff: Phive Starr Properties, L.P. and AOYS Investments, LLC
Defendant: Farmers' Ethanol LLC, OGI Inc., Wind River Resources, Inc., Walter Production, Inc., Helis Oil & Gas Company, L.L.C., Trustee Robert A Schlidt, Bokf, NA dba Colorado State Bank, as Custodian for Adrian Brown IRA, Midhill, a Wyoming Partnership, as Trustee, fbo Susan E. Heiss IRA, BOKF, NA as Custodian for Adrian Brown IRA doing business as Colorado State Bank and Midhill a Wyoming Partnership formerly doing business as Susan E. Heiss IRA
Case Number: 2:2023cv03856
Filed: November 17, 2023
Court: US District Court for the Southern District of Ohio
Presiding Judge: Sarah D Morrison
Referring Judge: Chelsey M Vascura
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Declaratory Judgment
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 8, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 12, 2024 Opinion or Order Filing 30 AMENDED ANSWER to Complaint and , COUNTERCLAIM of Defendant Farmers' Ethanol LLC against All Plaintiffs by Plaintiffs AOYS Investments, LLC, Phive Starr Properties, L.P.. (Carr, George)
January 5, 2024 Opinion or Order Filing 29 RESPONSE in Opposition re #11 MOTION to Remand to State Court Harrison County, Ohio Brief in Opposition to Motion for Remand filed by Defendant Farmers' Ethanol LLC, Counter Claimant Farmers' Ethanol LLC. (Carr, George)
January 4, 2024 Opinion or Order Filing 28 Rule 7.1(a)(2) Disclosure Statement by Plaintiffs AOYS Investments, LLC, Phive Starr Properties, L.P.. (McElroy, Alexander)
January 2, 2024 Opinion or Order Filing 27 Rule 7.1(a)(2) Disclosure Statement by Defendants Helis Oil & Gas Company, L.L.C., Midhill, OGI Inc., Robert A Schlidt, Walter Production, Inc., Wind River Resources, Inc.. (Lycans, Andrew)
December 28, 2023 Opinion or Order Filing 26 ORDER - The Additional Parties are therefore ORDERED to file a disclosure statement within SEVEN DAYS identifying the citizenship of every individual or entity whose citizenship is attributed to it at the time the case was removed/commenced, see Kaiser v. Loomis, 391 F.2d 1007, 1009 (6th Cir. 1968). Signed by Magistrate Judge Chelsey M. Vascura on 12/28/2023. (mas)
December 22, 2023 Opinion or Order Filing 25 ANSWER to #3 Complaint,, , COUNTERCLAIM against All Plaintiffs filed by Farmers' Ethanol LLC. (Carr, George)
December 22, 2023 Opinion or Order Filing 24 Corporate Disclosure Statement by Plaintiff AOYS Investments, LLC. (McElroy, Alexander)
December 22, 2023 Opinion or Order Filing 23 Corporate Disclosure Statement by Plaintiffs Phive Starr Properties, L.P., Phive Starr Properties, G.P. identifying Corporate Parent Phive Starr Properties, G.P. for Phive Starr Properties, L.P... (McElroy, Alexander)
December 21, 2023 Opinion or Order Filing 22 AFFIDAVIT of Service for Summons; Complaint served on Wendel Dreve, Authorized Agent for Farmers' Ethanol LLC on 12/20/2023, filed by Plaintiffs AOYS Investments, LLC, Phive Starr Properties, L.P.. (McElroy, Alexander)
December 21, 2023 Opinion or Order Filing 21 WAIVER OF SERVICE Returned Executed. Waiver sent to Helis Oil & Gas Company, L.L.C. on 12/20/2023, answer due 2/20/2024; Midhill on 12/20/2023, answer due 2/20/2024; OGI Inc. on 12/20/2023, answer due 2/20/2024; Robert A Schlidt on 12/20/2023, answer due 2/20/2024; Walter Production, Inc. on 12/20/2023, answer due 2/20/2024; Wind River Resources, Inc. on 12/20/2023, answer due 2/20/2024. (Attachments: #1 Waiver of the Service of Summons, #2 Waiver of the Service of Summons, #3 Waiver of the Service of Summons, #4 Waiver of the Service of Summons, #5 Waiver of the Service of Summons) (McElroy, Alexander)
December 21, 2023 Opinion or Order Filing 20 Corporate Disclosure Statement by Defendant Wind River Resources, Inc.. (Lycans, Andrew)
December 21, 2023 Opinion or Order Filing 19 Corporate Disclosure Statement by Defendant Helis Oil & Gas Company, L.L.C.. (Lycans, Andrew)
December 21, 2023 Opinion or Order Filing 18 Corporate Disclosure Statement by Defendant OGI Inc.. (Lycans, Andrew)
December 21, 2023 Opinion or Order Filing 17 Corporate Disclosure Statement by Defendant Midhill. (Lycans, Andrew)
December 21, 2023 Opinion or Order Filing 16 Corporate Disclosure Statement by Defendant Walter Production, Inc.. (Lycans, Andrew)
December 21, 2023 Opinion or Order Filing 15 NOTICE of Appearance by Andrew P Lycans for Defendants Helis Oil & Gas Company, L.L.C., Midhill, OGI Inc., Robert A Schlidt, Walter Production, Inc., Wind River Resources, Inc. (Lycans, Andrew)
December 18, 2023 Opinion or Order Filing 14 NOTICE OF NON-ISSUANCE OF SUMMONS by Clerk of Southern District of Ohio: The summons is not directed to the defendant. (Attachments: #1 Summons Form Erin McNicoll) (kk2)
December 18, 2023 Opinion or Order Filing 13 Summons Issued as to BOKF NA, Farmers' Ethanol LLC, Helis Oil & Gas Company L.L.C., OGI Inc., Robert A Schlidt, Walter Production Inc., and Wind River Resources Inc. (Attachments: #1 Summons Form Farmers Ethanol, #2 Summons Form Helis Oil and Gas, #3 Summons Form OGI, #4 Summons Form Robert Schlidt, #5 Summons Form Walter Production, #6 Summons Form Wind River Resources) (kk2)
December 15, 2023 Opinion or Order Filing 12 REQUEST for Issuance of Summons. (Attachments: #1 Summons Form, #2 Summons Form, #3 Summons Form, #4 Summons Form, #5 Summons Form, #6 Summons Form, #7 Summons Form, #8 Summons Form) (McElroy, Alexander)
December 15, 2023 Opinion or Order Filing 11 MOTION to Remand to State Court Harrison County, Ohio by Plaintiffs AOYS Investments, LLC, Phive Starr Properties, L.P.. (Attachments: #1 Exhibit Exhibits in Support of Plaintiffs' Motion to Remand) (McElroy, Alexander)
December 12, 2023 Opinion or Order Filing 10 NOTICE of Appearance by Alexander Thon McElroy for Plaintiffs AOYS Investments, LLC, Phive Starr Properties, L.P. (McElroy, Alexander)
December 5, 2023 Opinion or Order Filing 9 NOTATION ORDER granting #8 MOTION for Extension of Time to File Answer. Farmers' Ethanol LLC answer due 12/22/2023. By Magistrate Judge Chelsey M. Vascura on 12/5/2023. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 1, 2023 Opinion or Order Filing 8 MOTION for Extension of Time to File Answer New date requested 12/22/2023. by Defendant Farmers' Ethanol LLC. (Carr, George)
November 27, 2023 Opinion or Order Filing 7 Corporate Disclosure Statement by Defendant Farmers' Ethanol LLC. (Carr, George)
November 27, 2023 Opinion or Order Filing 6 NOTICE by Defendant Farmers' Ethanol LLC re #1 Notice of Removal, #4 Notice of Deficiency (Clerk's Notice) Civil Cover Sheet (Carr, George)
November 27, 2023 Opinion or Order Filing 5 Notice by Clerk of Southern District of Ohio of Pro Hac Vice Rules as to Attorney Alexander T. McElroy. (er)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
November 27, 2023 Opinion or Order Filing 4 Notice of Deficiency re: civil cover sheet and supplemental civil cover sheet.Deficiency Deadline by 12/27/2023. (er)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
November 26, 2023 Opinion or Order Filing 3 COMPLAINT filed originally in Harrison County CCP on 9/13/2023 by AOYS Investments, LLC and Phive Starr Properties, L.P. against BOKF, NA, Farmers' Ethanol LLC, Helis Oil & Gas Company, L.L.C., Midhill, OGI Inc., Robert A Schlidt, Walter Production, Inc. and Wind River Resources, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 4A, #6 Exhibit 4B, #7 Exhibit 4C, #8 Exhibit 5, #9 Exhibit 5A, #10 Exhibit 5B, #11 Exhibit 5C, #12 Exhibit 6, #13 Exhibit 7, #14 Exhibit 8, #15 Exhibit 9, #16 Exhibit 10) (er)
November 21, 2023 Opinion or Order Filing 2 ORDER - Defendant Farmers' Ethanol LLC is ORDERED to file a disclosure statement within SEVEN DAYS identifying the citizenship of every individual or entity whose citizenship is attributed to it at the time the case was removed/commenced, see Kaiser v. Loomis, 391 F.2d 1007, 1009 (6th Cir. 1968), and to the extent known, both the state of incorporation and principal place of business of any party that is a corporation. Signed by Magistrate Judge Chelsey M. Vascura on 11/21/2023. (mas)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
November 17, 2023 Opinion or Order Filing 1 NOTICE OF REMOVAL from Harrison County Court of Common Pleas, case number CVH-2023-0110 ( Filing fee $ 402 paid - receipt number: AOHSDC-9694776), filed by Farmers' Ethanol LLC. (Carr, George)

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Plaintiff: Phive Starr Properties, L.P.
Represented By: Alexander Thon McElroy
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Plaintiff: AOYS Investments, LLC
Represented By: Alexander Thon McElroy
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Defendant: Farmers' Ethanol LLC
Represented By: George H Carr
Represented By: Michael J Sikora, III
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Defendant: OGI Inc.
Represented By: Andrew P Lycans
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Defendant: Wind River Resources, Inc.
Represented By: Andrew P Lycans
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Defendant: Walter Production, Inc.
Represented By: Andrew P Lycans
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Defendant: Helis Oil & Gas Company, L.L.C.
Represented By: Andrew P Lycans
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Defendant: Trustee Robert A Schlidt
Represented By: Andrew P Lycans
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Defendant: Bokf, NA dba Colorado State Bank, as Custodian for Adrian Brown IRA
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Defendant: Midhill, a Wyoming Partnership, as Trustee, fbo Susan E. Heiss IRA
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Defendant: BOKF, NA as Custodian for Adrian Brown IRA doing business as Colorado State Bank
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Defendant: Midhill a Wyoming Partnership formerly doing business as Susan E. Heiss IRA
Represented By: Andrew P Lycans
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