UMB Bank, N.A. v. JB Forum Land, LLC et al
| Kentucky Western District Court | |
| Judge: | Rebecca Grady Jennings |
| Referred: | Colin H Lindsay |
| Case #: | 3:23-cv-00575 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1441 Petition for Removal |
| Case Filed: | Nov 06, 2023 |
| Terminated: | Mar 06, 2024 |
| Case in other court: | Jefferson Circuit Court, 23-CI-401044 |
| Last checked: Saturday May 04, 2024 5:01 AM EDT |
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Defendant
AT Forum Louisville KY II, LLC
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Represented By
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Defendant
First Guaranty Bank
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Represented By
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Defendant
JB Forum Land, LLC
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Represented By
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Defendant
Jonathan M. Larmore
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Represented By
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Plaintiff
UMB Bank, N.A.
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Represented By
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GPO
Mar 06 2024
UMB's complaint is DISMISSED in its entirety. The Court will enter a separate Judgment. cc: Counsel (SMJ)MEMORANDUM OPINION AND ORDER Signed by Judge Rebecca Grady Jennings on 3/5/2024. JB Forum, AT Forum, and Larmore's motion to dismiss (DE 15) is DENIED and FGB's motion to dismiss (DE 13) is GRANTED. Accordingly, the Court ORDERS that |
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GPO
Jun 11 2024
MEMORANDUM OPINION AND ORDER Signed by Judge Rebecca Grady Jennings on 6/11/2024 denying 35 Motion to Alter Judgment. Because UMB has not demonstrated (1) "a clear error of law," (2) "newly discovered evidence," (3) "an intervening change in controlling law," or (4) "a need to prevent manifest injustice," Leisure Caviar, LLC, 616 F.3d at 615, the Court will not alter its conclusions or vacate its previous order. cc: Counsel (SMJ) |
| Docket last updated: 4 hours ago |
| Tuesday, June 11, 2024 | ||
| 42 | 42
10
pgs
order
Order on Motion to Alter Judgment
Tue 06/11 2:04 PM
MEMORANDUM OPINION AND ORDER Signed by Judge Rebecca Grady Jennings on 6/11/2024 denying35 Motion to Alter Judgment. Because UMB has not demonstrated (1) "a clear error of law," (2) "newly discovered evidence," (3) "an intervening change in controlling law," or (4) "a need to prevent manifest injustice," Leisure Caviar, LLC, 616 F.3d at 615, the Court will not alter its conclusions or vacate its previous order. cc: Counsel (SMJ) |
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| Thursday, May 23, 2024 | ||
| 41 | 41
notice
Deficiency
Thu 05/23 12:30 PM
ATTORNEY NOTICE of Deficiency to Heather M. Mathews re12 Order on Motion to Appear Pro Hac Vice.Reason for Deficiency: failure to register to file electronically pursuant to GO 2008-03. Failure to comply will be brought to the attention of the Court. Response due by 6/7/2024. (KJA) |
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| 40 | 40
notice
Deficiency
Thu 05/23 12:28 PM
ATTORNEY NOTICE of Deficiency to Guy M. Graves re1 Notice of Removal.Reason for Deficiency: motion to appear pro hac vice. Failure to comply will be brought to the attention of the Court. Response due by 6/7/2024. (KJA) |
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| Tuesday, May 14, 2024 | ||
| 39 | 39
respm
Reply to Response to Motion
Tue 05/14 2:58 PM
REPLY to Response to Motion re35 MOTION to Alter Judgment , Opinion & Order [DE 33 & 34] per FRCP 59 filed by UMB Bank, N.A.. (Stoltz, Stephen) |
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| Friday, May 10, 2024 | ||
| 38 | 38
2
pgs
order
Order on Proposed Agreed Order
Fri 05/10 10:13 AM
AGREED ORDER Signed by Judge Rebecca Grady Jennings on 5/9/2024 granting37 Proposed Agreed Order. Plaintiff UMB Bank, N.A. SHALL have an additional seven (7) days, up to and including Wednesday, 5/15/2024, in which to file its reply to Defendant First Guaranty Bank's response (R.36 ) to UMB's pending Motion to Alter, Amend, or Vacate (R.35 ). cc: Counsel (SMJ) |
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| Thursday, May 02, 2024 | ||
| 37 | 37
motion
Proposed Agreed Order
Thu 05/02 4:46 PM
Proposed Agreed Order Extending Time to File Reply to R. 36 Thru 5/15/24 by UMB Bank, N.A.. (Stoltz, Stephen) |
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| Wednesday, April 24, 2024 | ||
| 36 | 36
respm
Response to Motion
Wed 04/24 3:14 PM
RESPONSE to Motion re35 MOTION to Alter Judgment , Opinion & Order [DE 33 & 34] per FRCP 59 filed by First Guaranty Bank. (Drell, Bradley) |
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| Wednesday, April 03, 2024 | ||
| 35 | 35
motion
Alter Judgment
Wed 04/03 4:14 PM
MOTION to Alter Judgment , Opinion & Order [DE 33 & 34] per FRCP 59 by Plaintiff UMB Bank, N.A. (Stoltz, Stephen) |
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Att: 1
Proposed Order
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| Wednesday, March 06, 2024 | ||
| 34 | 34
order
Judgment
Wed 03/06 10:46 AM
JUDGMENT signed by Judge Rebecca Grady Jennings on 3/5/2024. UMB Bank, N.A.'s complaint is DISMISSED in its entirety. This is a FINAL and APPEALABLE Judgment, and there is no just cause for delay. cc: Counsel (SMJ) |
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| 33 | 33
17
pgs
order
Order on Motion to Dismiss Order on Motion to Stay Order on Motion to Dismiss for Failure to State a Claim
Wed 03/06 10:38 AM
MEMORANDUM OPINION AND ORDER Signed by Judge Rebecca Grady Jennings on 3/5/2024. JB Forum, AT Forum, and Larmore's motion to dismiss (DE15 ) is DENIED and FGB's motion to dismiss (DE13 ) is GRANTED. Accordingly, the Court ORDERS that UMB's complaint is DISMISSED in its entirety. The Court will enter a separate Judgment. cc: Counsel (SMJ) |
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| Friday, March 01, 2024 | ||
| 32 | 32
respm
Response
Fri 03/01 2:49 PM
RESPONSE to re31 Status Report filed by First Guaranty Bank. (Drell, Bradley) |
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| Wednesday, February 28, 2024 | ||
| 31 | 31
misc
Status Report
Wed 02/28 12:38 PM
STATUS REPORT per 2/13/24 Order (DN 29, at PgID 656) by UMB Bank, N.A.. (Stoltz, Stephen) |
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Att: 1
Exhibit 1 - SEC Order,
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Att: 2
Exhibit 2 - SEC Order (cont'd)
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| Thursday, February 15, 2024 | ||
| 30 | 30
1
pgs
order
Order
Thu 02/15 2:39 PM
ORDER signed by Magistrate Judge Colin H. Lindsay on 2/15/2024. In light of the Court's 2/13/2024 Order (DN29 ), the Court's 2/12/2024 Order for Meeting and Report (DN28 ) is SET ASIDE and the 3/25/2024 telephonic scheduling conference is REMANDED. The Court will address entry of a scheduling order after resolution of all issues related to representation of Defendants JB Forum Land, LLC; AT Forum Louisville KY II, LLC; and Jonathan Larmore. cc: Counsel, defendants as directed (SMJ) |
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| Tuesday, February 13, 2024 | ||
| 29 | 29
3
pgs
order
Order on Motion to Withdraw as Attorney
Tue 02/13 1:28 PM
ORDER Signed by Magistrate Judge Colin H. Lindsay on 2/12/2024. The Motion for Carolyn Taggart to Withdraw as Attorney (DN23 ) is GRANTED. On or before 4/12/2024: a) Defendants JB Forum Land, LLC and AT Forum Louisville KY II, LLC shall cause new counsel to enter an appearance on their behalf; and b) Defendant Jonathan M. Larmore shall either cause new counsel to enter an appearance on his behalf or notify the Court that he intends to proceed pro se. On or before 2/29/2024, Plaintiff shall file a status report regarding the impact of Securities and Exchange Commission v. Jon Larmore, et al., No. 2:23-CV-02470 (D. Ariz. Filed Nov. 28, 2023). cc: Counsel, defendants as directed (SMJ) |
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| Monday, February 12, 2024 | ||
| 28 | 28
4
pgs
order
Order
Mon 02/12 4:42 PM
ORDER FOR MEETING AND REPORT (EBOC) by Magistrate Judge Colin H. Lindsay on 02/12/2024. The Court will conduct a telephonic Rule 16 case-management conference on March 25, 2024, at 10:00 a.m. before the Honorable Colin H. Lindsay, United States Magistrate Judge. Counsel shall connect to the conference by dialing 1-888-808-6929, access code 2773744. cc: Counsel (HMC) |
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| Friday, February 02, 2024 | ||
| 27 | 27
order
Order - TEXT ONLY
Fri 02/02 11:03 AM
TEXT ORDER by Judge Rebecca Grady Jennings on 2/2/2024; pursuant to 28 U.S.C. 636(b)(1)(A), this matter is REFERRED to U.S. Magistrate Judge Colin H. Lindsay for resolution of all litigation planning issues, a scheduling conference, entry of scheduling orders, consideration of amendments thereto, and resolution of all non-dispositive matters, including discovery issues. Magistrate Judge Lindsay is further authorized to conduct a settlement conference in this matter at any time. A separate order scheduling the Rule 16 Conference will be issued by the Chambers of United States Magistrate Judge Lindsay.Pursuant to 28 U.S.C. Section 636(c), and in accordance with Rule 73(b)(1) of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. You may consent to have your case referred to a magistrate judge, or you may withhold your consent without adverse consequences. Should all parties consent to having a United States magistrate judge conduct all proceedings in this case, please complete the Notice, Consent, and Reference of a Civil Action to a Magistrate Judge (https://www.kywd.uscourts.gov/sites/kywd/files/forms/ao085-1-Notice-Consent.pdf) and send a copy of this document to the clerks office via regular mail or email at intake-kywECF@kywd.uscourts.gov. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc:counsel.CM-CHL. (ARM) |
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| Monday, January 22, 2024 | ||
| 26 | 26
respm
Reply to Response to Motion
Mon 01/22 3:00 PM
REPLY to Response to Motion re13 MOTION to Dismiss and Alternative MOTION to Stay filed by First Guaranty Bank. (Drell, Bradley) |
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| Friday, January 12, 2024 | ||
| 25 | 25
respm
Response to Motion
Fri 01/12 6:48 PM
RESPONSE to Motion re15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by UMB Bank, N.A.. (Stoltz, Stephen) |
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Att: 1
Exhibit 1 - SEC Order,
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Att: 2
Exhibit 2 - Fee Mortgage,
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Att: 3
Exhibit 3 - LA Fed Docket,
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Att: 4
Exhibit 4A - Land Records Pt. 1,
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Att: 5
Exhibit 4B - Land Records Pt. 2,
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Att: 6
Exhibit 4C - Land Records Pt. 3,
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Att: 7
Exhibit 5 - ATF Disclosure,
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Att: 8
Exhibit 6 - JBF Disclosure,
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Att: 9
Exhibit 7 - Organizational Chart
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| 24 | 24
respm
Response to Motion
Fri 01/12 6:34 PM
RESPONSE to Motion re13 MOTION to Dismiss and Alternative MOTION to Stay filed by UMB Bank, N.A.. (Stoltz, Stephen) |
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Att: 1
Exhibit 1 - SEC Order,
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Att: 2
Exhibit 2 - FGB Memo,
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Att: 3
Exhibit 3 - Fee Mortgage
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| Wednesday, January 10, 2024 | ||
| 23 | 23
motion
Withdraw as Attorney
Wed 01/10 12:19 PM
MOTION to Withdraw as Attorney for Defendants JB Forum Land, LLC, AT Forum Louisville KY II, LLC, and Jonathan M. Larmore. . (Continue to receive notice:Yes) by Defendants AT Forum Louisville KY II, LLC, JB Forum Land, LLC, Jonathan M. Larmore (Taggart, Carolyn) |
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Att: 1
Declaration of David P. Shouvlin,
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Att: 2
Proposed Order
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| Monday, January 08, 2024 | ||
| 22 | 22
1
pgs
order
Order on Motion for Extension of Time to File Response/Reply
Mon 01/08 3:09 PM
ORDER GRANTING PLAINTIFF'S SECOND MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANTS' MOTIONS TO DISMISS signed by Judge Rebecca Grady Jennings on 01/08/2024. Plaintiff SHALL have up to and including Friday, January 12, 2024, within which to respond to the pending Motions to Dismiss [R.13 and15 ]. cc: Counsel (HMC) |
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| Thursday, January 04, 2024 | ||
| 21 | 21
motion
Extension of Time to File Response/Reply
Thu 01/04 1:09 PM
Second MOTION for Extension of Time to File Response/Reply as to15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ,13 MOTION to Dismiss and Alternative MOTION to Stay by Plaintiff UMB Bank, N.A. (Stoltz, Stephen) |
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Att: 1
Proposed Order
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| Thursday, December 21, 2023 | ||
| 20 | 20
1
pgs
order
Order of Recusal
Thu 12/21 2:44 PM
ORDER OF RECUSAL by Judge Claria Horn Boom on 12/21/23: IT IS HEREBY ORDERED that Judge Claria Horn Boom RECUSES from this matter, and the action is hereby REASSIGNED to the docket of the Honorable Rebecca Grady Jennings, United States District Judge, for all further proceedings. Counsel are requested to change the civil action number to reflect the initials RGJ on all further pleadings. cc: Counsel, CM-RGJ (DJT) |
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| Wednesday, December 20, 2023 | ||
| 19 | 19
misc
Proposed Order
Wed 12/20 5:43 PM
Proposed Order new proposed order correcting due date for responses re18 MOTION for Extension of Time to File Response/Reply as to15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ,13 MOTION to Dismiss and Alternative MOTION to Stay by UMB Bank, N.A.. (Stoltz, Stephen) |
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| 18 | 18
motion
Extension of Time to File Response/Reply
Wed 12/20 4:48 PM
MOTION for Extension of Time to File Response/Reply as to15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ,13 MOTION to Dismiss and Alternative MOTION to Stay by Plaintiff UMB Bank, N.A. (Stoltz, Stephen) |
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Att: 1
Proposed Order
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| Friday, December 08, 2023 | ||
| 17 | 17
misc
Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1))
Fri 12/08 1:28 PM
Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) by JB Forum Land, LLC. (Taggart, Carolyn) |
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| 16 | 16
misc
Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1))
Fri 12/08 1:26 PM
Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) by AT Forum Louisville KY II, LLC. (Taggart, Carolyn) |
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| Thursday, November 30, 2023 | ||
| 15 | 15
motion
Dismiss for Failure to State a Claim
Thu 11/30 7:10 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants AT Forum Louisville KY II, LLC, JB Forum Land, LLC, Jonathan M. Larmore (Taggart, Carolyn) |
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Att: 1
Memorandum in Support,
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Att: 2
Exhibit 1 - Declaration of Jonathan M. Larmore,
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Att: 3
Exhibit 2 - Mortgage,
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Att: 4
Exhibit 3 - Order of Appointment of Receiver,
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Att: 5
Proposed Order
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| 14 | 14
misc
Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1))
Thu 11/30 5:37 PM
Corporate Disclosure Statement (pursuant to Rule 7.1(a)(1)) identifying Corporate Parent First Guaranty Bancshares, Inc. for First Guaranty Bank. by First Guaranty Bank. (Drell, Bradley) |
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| 13 | 13
motion
Dismiss Stay
Thu 11/30 2:40 PM
MOTION to Dismiss and , Alternative MOTION to Stay by Defendant First Guaranty Bank (Drell, Bradley) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Memorandum in Support,
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Att: 5
Proposed Order
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| Wednesday, November 29, 2023 | ||
| 12 | 12
1
pgs
order
Order on Motion to Appear Pro Hac Vice
Wed 11/29 4:55 PM
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF HEATHER M. MATHEWS signed by Judge Claria Horn Boom on 11/29/23; granting11 Motion to Appear Pro Hac Vice as to Heather M. Mathews. cc: Counsel, QC(DJT) |
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| Monday, November 27, 2023 | ||
| 11 | 11
motion
Appear Pro Hac Vice
Mon 11/27 4:39 PM
MOTION for Heather M. Mathews to Appear Pro Hac Vice Filing fee $ 150, receipt number AKYWDC-3928585. by Defendant First Guaranty Bank (Drell, Bradley) |
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Att: 1
Proposed Order
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| Thursday, November 16, 2023 | ||
| 10 | 10
1
pgs
order
Order on Motion for Extension of Time to Answer
Thu 11/16 4:22 PM
ORDER GRANTING JOINT MOTION FOR EXTENSION OF TIME signed by Judge Claria Horn Boom on 11/16/23; granting8 Motion for Extension of Time to Answer re8 Joint MOTION for Extension of Time to File Answer : The Defendants SHALL have up to and including 11/30/2023, within which to answer, move, or otherwise plead to the Plaintiffs Complaint. cc: Counsel(DJT) |
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| 9 | 9
1
pgs
order
Order on Motion to Appear Pro Hac Vice
Thu 11/16 4:19 PM
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF BRADLEY L. DRELL signed by Judge Claria Horn Boom on 11/16/23; granting7 Motion to Appear Pro Hac Vice as to Bradley L. Drell. cc: Counsel(DJT) |
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| Wednesday, November 15, 2023 | ||
| 8 | 8
motion
Extension of Time to File Answer
Wed 11/15 6:11 PM
Joint MOTION for Extension of Time to File Answer by Defendant First Guaranty Bank (Cummins, Peter) |
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Att: 1
Proposed Order -Agreed Order for Extension of Time
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| Tuesday, November 14, 2023 | ||
| 7 | 7
motion
Appear Pro Hac Vice
Tue 11/14 11:10 AM
MOTION for Bradley L. Drell to Appear Pro Hac Vice Filing fee $ 150, receipt number AKYWDC-3921272. by Defendant First Guaranty Bank (Drell, Bradley) |
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Att: 1
Proposed Order
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| Monday, November 13, 2023 | ||
| 6 | 6
notice
Notice (Other)
Mon 11/13 2:29 PM
NOTICE Rule 7.1 Disclosure Statement by UMB Bank, N.A. (Stoltz, Stephen) |
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| Tuesday, November 07, 2023 | ||
| 5 | 5
misc
Diversity Case Disclosure Statement (pursuant to Rule 7.1(a)(2))
Tue 11/07 12:35 PM
Diversity Case Disclosure Statement (pursuant to Rule 7.1(a)(2)) by Jonathan M. Larmore. (Taggart, Carolyn) |
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| Monday, November 06, 2023 | ||
| 4 | 4
notice
Deficiency
Mon 11/06 5:09 PM
NOTICE of Deficiency re1 Notice of Removal. Reason for Deficiency: Rule 7.1(a)(1) Corporate Disclosure Statement and Rule 7.1(a)(2) Disclosure Statement. Failure to comply will be brought to the attention of the Court. Response due by 11/13/2023. (MNM) |
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| 3 | 3
notice
Notice (Other)
Mon 11/06 5:07 PM
CLERK'S NOTICE re1 Notice of Removal. cc: Counsel of Record, Jefferson Circuit Court (MNM) |
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| 2 | 2
utility
Case Assignment
Mon 11/06 4:58 PM
Case Assignment (Random Selection): Case Assigned to Judge Claria Horn Boom. (MNM) |
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| 1 | 1
cmp
Notice of Removal
Mon 11/06 4:57 PM
NOTICE OF REMOVAL by Jonathan M. Larmore from Jefferson Circuit Court, case number 23-CI-401044 (filing fee $402, receipt number AKYWDC-3916418). (MNM) |
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Att: 1
Exhibit A - State Court File,
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Att: 2
Cover Sheet
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