Sessions et al v. UMB Bank NA
| John T Sessions, Historic Flight Foundation, FWF, Ltd. and FWF Ltd |
| UMB Bank, N.A. and UMB Bank NA |
| 2:2021cv01490 |
| November 4, 2021 |
| US District Court for the Western District of Washington |
| Lauren King |
| Real Property: Other |
| 28 U.S.C. § 1441 Petition for Removal- Declaratory Judgemen |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 26, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 47
ORDER OF DISMISSAL: This case is accordingly DISMISSED without prejudice to any other proceedings relating to the judgment of the District Court of the State of North Dakota, County of Williams Northwest Judicial District, in UMB Bank, N.A. v. Eagle Crest Apartments, LLC, et al., Case No. 53-2019-CV-01045, including but not limited to actions to enforce that judgment. Signed by Judge Lauren King. (SR)
|
| Filing 46 RESPONSE TO ORDER TO SHOW CAUSE by Defendant UMB Bank NA, Counter Claimant UMB Bank NA re: #45 Order to Show Cause,, Terminate Motions, (Yeung, Binah) |
|
Filing 45
ORDER TO SHOW CAUSE Regarding Jurisdiction and Denying Defendant's #41 Emergency MOTION for Temporary Restraining Order and Permanent Injunction. The Court DENIES UMB's motion without prejudice and ORDERS UMB to show cause no later than 4/22/2022 why this Court has jurisdiction over this case. Signed by Judge Lauren King. (MW)
|
| Filing 44 NOTICE of Intent to Oppose Trustee's Emergency Motion for Temporary Restraining Order and Permanent Injunction re #41 Emergency MOTION for Temporary Restraining Order and Permanent Injunction ; filed by Plaintiffs FWF Ltd, Historic Flight Foundation, John T Sessions, Counter Defendants FWF Ltd, Historic Flight Foundation, John T Sessions. (Shewbert, Kelsey) |
| Filing 43 DECLARATION of Binah Yeung Re Attorney Certification re Notice of Motion for Temporary Restraining Order filed by Defendant UMB Bank NA, Counter Claimant UMB Bank NA re #41 Emergency MOTION for Temporary Restraining Order and Permanent Injunction (Yeung, Binah) |
| Filing 42 DECLARATION of Gordon Gendler filed by Defendant UMB Bank NA, Counter Claimant UMB Bank NA re #41 Emergency MOTION for Temporary Restraining Order and Permanent Injunction (Yeung, Binah) |
| Filing 41 Emergency MOTION for Temporary Restraining Order and Permanent Injunction, filed by Defendant UMB Bank NA, Counter Claimant UMB Bank NA. (Attachments: #1 Proposed Order) Noting Date 4/8/2022, (Yeung, Binah) |
| Filing 40 Second STATUS REPORT Regarding Underlying Action and Evidentiary Hearing by Plaintiffs FWF Ltd, Historic Flight Foundation, John T Sessions (Shewbert, Kelsey) |
| Filing 39 Second STATUS REPORT by Defendant UMB Bank NA (Yeung, Binah) |
|
Filing 38
MINUTE ORDER (text only) authorized by Judge Lauren King. Due to the ongoing North Dakota trial and potential unavailability of the parties on 3/29/2022, the Court STRIKES the 3/29/2022 hearing set for 9:00 AM and ORDERS the parties to provide updated status reports to the Court no later than 2 days following the conclusion of the trial. After reviewing the post-trial status reports, the Court will coordinate with the parties to schedule a status conference. (NAW)
|
| Filing 37 STATUS REPORT by Plaintiffs FWF Ltd, Historic Flight Foundation, John T Sessions, Counter Defendants FWF Ltd, Historic Flight Foundation, John T Sessions (Shewbert, Kelsey) |
| Filing 36 STATUS REPORT by Defendant UMB Bank NA (Yeung, Binah) |
|
Filing 35
MINUTE ORDER (text only) authorized by Judge Lauren King. Having reviewed the briefs filed by the parties on March 11, 2022, the Court ORDERS that the parties file joint or separate status reports after the conclusion of trial in the underlying action and no later than March 25, 2022, updating this Court as to the outcome of trial, the status of the underlying action, and whether UMB's motion for prejudgment writ of attachment has been mooted. If, following review of the status report(s), the Court determines that the motion is not moot, an evidentiary hearing will be held on March 29, 2022 as scheduled. If the Court determines that the motion is moot, the Court will hold a status conference via Zoom on March 29, 2022 at 9:00 AM. (NAW)
|
| Filing 34 MEMORANDUM re #16 Pending Motion for Prejudgment Writ of Attachment by Defendant UMB Bank NA. (Attachments: #1 Email Receipt)(MW) Filing received via email 3/11/2022, during CM/ECF outage |
| Filing 33 MEMORANDUM re #16 Pending Motion for Prejudgment Writ of Attachment by Plaintiffs FWF Ltd, Historic Flight Foundation, John T Sessions. (Attachments: #1 Email Receipt)(MW) Filing received via email 3/11/2022, during CM/ECF outage |
| Filing 32 NOTICE of Stricken Hearing: Evidentiary hearing set for 3/16/2022 at 9:00 AM is STRICKEN. (NAW) |
|
Filing 31
MINUTE ORDER (text only) authorized by Judge Lauren King. The parties having informed the Court that they are unavailable for an evidentiary hearing on UMB's motion for prejudgment writ of attachment until 3/29/2022 and that trial in the underlying North Dakota action will proceed from 3/14/2022 to 3/18/2022, the Court DIRECTS the parties to file position statements of no more than two pages by 3/11/2022 regarding whether the pending motion for prejudgment writ of attachment will be moot by 3/29/2022. Should the Court decide that the motion is not moot, an evidentiary hearing on the motion for prejudgment writ of attachment will occur on 3/29/2022 starting at 9:00 AM via Zoom videoconference. The Court STRIKES the 3/11/2022 deadline for the parties to file a list of witnesses they intend to call at the hearing and a brief description of the expected testimony of each witness, and will set a new deadline should it determine that the motion is not moot. (NAW)
|
|
Filing 30
ORDER: The Plaintiffs/Counterclaim Defendants' #14 motion to dismiss is GRANTED as to Count I of UMB's Amended Counterclaims and DENIED as to Counts II and III. UMB's #16 motion to enforce the North Dakota order is DENIED, and the Court defers judgment on UMB's motion in the alternative for a writ of prejudgment attachment under Washington law and for discovery until after the hearing under RCW Section 6.25.070, as set by the Court's prior order, Dkt. No. #29 . Signed by Judge Lauren King.(MW)
|
|
Filing 29
ORDER denying Defendant's #16 Motion to Enforce an Order of the District Court in and for Williams County, North Dakota. A hearing is required before the Court may rule on UMB's motion for a prejudgment writ of attachment, see Wash. Rev. Code ("RCW") 6.25.070, and the Court accordingly ORDERS an Evidentiary Hearing set for 3/16/2022 at 09:00 AM. The hearing will be conducted via Zoom videoconference. By March 11, the parties shall file a list of witnesses they intend to call at the hearing and a brief description of the expected testimony of each witness. UMB shall issue notice of the hearing to Counterclaim Defendants. Signed by Judge Lauren King.(MW)
|
| Filing 28 NOTICE of Entry of Order Denying Motion for Partial Summary Judgment in North Dakota Litigation ; filed by Defendant UMB Bank NA, Counter Claimant UMB Bank NA. (Attachments: #1 Exhibit A - Order Denying Motion for Partial Summary Judgment)(Yeung, Binah) |
|
Filing 27
MINUTE ORDER (text only): The Court finds good cause to delay entry of a scheduling order pending resolution of #14 MOTION to Dismiss Defendant's Counterclaim for Failure to State A Claim Pursuant to FRCP 12(b)(6) and #16 MOTION to Enforce North Dakota Order for Attachment Against Counterclaim Defendants or Alternatively, for Prejudgment Writ of Attachment against Counterclaim Defendants. Authorized by Judge Lauren King. (NAW)
|
| Filing 26 REPLY, filed by Counter Claimant UMB Bank NA, TO RESPONSE to #16 MOTION to Enforce North Dakota Order for Attachment Against Counterclaim Defendants or Alternatively, for Prejudgment Writ of Attachment against Counterclaim Defendants (Yeung, Binah) |
| Filing 25 JOINT STATUS REPORT signed by all parties. (Shewbert, Kelsey) |
| Filing 24 DECLARATION of Marlene Madeline Davis filed by Plaintiffs FWF Ltd, Historic Flight Foundation, John T Sessions, Counter Defendants FWF Ltd, Historic Flight Foundation, John T Sessions re #16 MOTION to Enforce North Dakota Order for Attachment Against Counterclaim Defendants or Alternatively, for Prejudgment Writ of Attachment against Counterclaim Defendants (Shewbert, Kelsey) Modified on 1/3/2022 (MW). |
| Filing 23 DECLARATION of Kelsey L. Shewbert filed by Plaintiffs FWF Ltd, Historic Flight Foundation, John T Sessions, Counter Defendants FWF Ltd, Historic Flight Foundation, John T Sessions re #16 MOTION to Enforce North Dakota Order for Attachment Against Counterclaim Defendants or Alternatively, for Prejudgment Writ of Attachment against Counterclaim Defendants (Shewbert, Kelsey) |
| Filing 22 RESPONSE, by Plaintiffs FWF Ltd, Historic Flight Foundation, John T Sessions, Counter Defendants FWF Ltd, Historic Flight Foundation, John T Sessions, to #16 MOTION to Enforce North Dakota Order for Attachment Against Counterclaim Defendants or Alternatively, for Prejudgment Writ of Attachment against Counterclaim Defendants. (Shewbert, Kelsey) |
|
Filing 21
ORDER REGARDING 28 U.S.C. 455(b)(2) AND CANON 3(C)(1)(B) OF THE CODE OF CONDUCT FOR UNITED STATES JUDGES by Judge Lauren King. (NAW)
|
| Filing 20 DECLARATION of Kelsey L. Shewbert filed by Plaintiffs FWF Ltd, Historic Flight Foundation, John T Sessions, Counter Defendants FWF Ltd, Historic Flight Foundation, John T Sessions re #14 MOTION to Dismiss Defendant's Counterclaim for Failure to State A Claim Pursuant to FRCP 12(b)(6) (Attachments: #1 Exhibit Exhibit A)(Shewbert, Kelsey) |
| Filing 19 REPLY, filed by Plaintiffs FWF Ltd, Historic Flight Foundation, John T Sessions, Counter Defendants FWF Ltd, Historic Flight Foundation, John T Sessions, TO RESPONSE to #14 MOTION to Dismiss Defendant's Counterclaim for Failure to State A Claim Pursuant to FRCP 12(b)(6) (Shewbert, Kelsey) |
| Filing 18 RESPONSE, by Counter Claimant UMB Bank NA, to #14 MOTION to Dismiss Defendant's Counterclaim for Failure to State A Claim Pursuant to FRCP 12(b)(6). (Yeung, Binah) |
| Case reassigned to Judge Lauren King. Judge Thomas S. Zilly no longer assigned to the case. (KK) |
| Filing 17 DECLARATION of John D. Elrod filed by Counter Claimants UMB Bank NA, UMB Bank NA re #16 MOTION to Enforce North Dakota Order for Attachment Against Counterclaim Defendants or Alternatively, for Prejudgment Writ of Attachment against Counterclaim Defendants (Attachments: #1 Exhibit A)(Yeung, Binah) |
| Filing 16 MOTION to Enforce North Dakota Order for Attachment Against Counterclaim Defendants or Alternatively, for Prejudgment Writ of Attachment against Counterclaim Defendants, filed by Counter Claimants UMB Bank NA, UMB Bank NA. (Attachments: #1 Proposed Order) Noting Date 1/10/2022, (Yeung, Binah) |
| Filing 15 AMENDED ANSWER to AMENDED COUNTERCLAIMS #12 Answer to Complaint (Notice of Removal),, Counterclaim, , Amended COUNTERCLAIM against plaintiff FWF Ltd, Historic Flight Foundation, John T Sessions by UMB Bank NA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Yeung, Binah) |
| Filing 14 MOTION to Dismiss Defendant's Counterclaim for Failure to State A Claim Pursuant to FRCP 12(b)(6), filed by Plaintiffs FWF Ltd, Historic Flight Foundation, John T Sessions, Counter Defendants FWF Ltd, Historic Flight Foundation, John T Sessions. (Attachments: #1 Proposed Order) Noting Date 12/27/2021, (Shewbert, Kelsey) |
| Filing 13 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by FWF Ltd, Historic Flight Foundation, John T Sessions (Shewbert, Kelsey) |
| Filing 12 ANSWER to Complaint (Notice of Removal) re: #1 Notice of Removal, Complaint for Declaratory Judgment and Injunctive Relief, COUNTERCLAIM against plaintiff All Plaintiffs by UMB Bank NA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Rizzardi, John) |
| Filing 11 NOTICE of Appearance by attorney John Robert Rizzardi on behalf of Defendant UMB Bank NA. (Rizzardi, John) |
|
Filing 10
ORDER re #6 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney John Douglas Elrod for Defendant UMB Bank NA, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
|
| Filing 9 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by UMB Bank NA (Yeung, Binah) |
| Filing 8 VERIFICATION OF STATE COURT RECORDS by Defendant UMB Bank NA (Yeung, Binah) |
| Filing 7 NOTICE of Pendency of Other Action in District Court of the State of North Dakota in the County of Williams, case number(s) in other court 53-2019-CV-01045 ; filed by Defendant UMB Bank NA. (Yeung, Binah) |
| Filing 6 APPLICATION OF ATTORNEY John D. Elrod FOR LEAVE TO APPEAR PRO HAC VICE for Defendant UMB Bank NA (Fee Paid) Receipt No. AWAWDC-7327692 (Yeung, Binah) |
|
Filing 5
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT by Judge Thomas S. Zilly: Joint Status Report due by 1/7/2022, FRCP 26(f) Conference Deadline is 12/27/2021, Initial Disclosure Deadline is 1/7/2022. (TKL)
|
| Filing 4 LETTER from Clerk to re receipt of case from King County Superior Court and advising of WAWD case number and judge assignment. JURY DEMAND - NOT submitted properly or NOT on file (Please refer to #LCR 101(b)(3) to file a proper jury demand) (RE) |
| Filing 3 Notice of Filing Deficiency ***Action Required*** Improper Signature - Secondary Attorney(s), Notice of Pendency of Other Action.See attached letter for more information and instructions. (RE) |
| Judge Thomas S. Zilly added. (RE) |
| NOTICE Pursuant to Fed.R.Civ.P 7.1, Plaintiff(s) Historic Flight foundation, FWF Ltd and Defendant UMB Bank NA must file a Corporate Disclosure Statement by 11/12/2021. (RE) |
| Filing 2 PRAECIPE re #1 Notice of Removal, to correct signature page of Defendant's Counsel by Defendant UMB Bank, N.A. (Yeung, Binah) |
| Filing 1 NOTICE OF REMOVAL from King County Superior Court, case number 21-2-11949-9 SEA; (Receipt # AWAWDC-7320875) Attorney Binah B. Yeung added to party UMB Bank, N.A.(pty:dft), filed by UMB Bank, N.A.. (Attachments: #1 Exhibit Attachment A - Superior Court Summons and Complaint, #2 Civil Cover Sheet)(Yeung, Binah) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Washington Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
