United States District Court, W.D. Missouri, Central Division
DOUGLAS HARPOOL UNITED STATES DISTRICT JUDGE
the Court are Plaintiff's Motion to Remand (Doc. 11) and
Defendants' Motion to Transfer Venue (Doc. 17).
matter arises from a dispute concerning the alleged actions
of David Baumgartner and The Bank of Versailles arising from
the management of Gentle Slopes Partners, LLC (Gentle
Slopes). Neighbors Investments, Inc., and David Baumgartner
were each 50% members of Gentle Slopes. Neighbors Investments
asserts direct and derivative state law claims against
Slopes invested in real estate acquisition, development, and
sales in the Lake of the Ozarks area. Baumgartner was the
day-to-day managing member of Gentle Slopes, and he
controlled Gentle Slopes' funds in bank accounts at the
Bank of Versailles. Baumgartner is also the President of the
Bank of Versailles. To summarize the Complaint, Neighbors
Investments alleges that Baumgartner made unauthorized
payments from Gentle Slopes to himself, illegitimately drew
from Gentle Slopes' lines of credit, and provided false
financial information to neighbors Investments and an
accounting firm that prepared Gentle Slopes' financial
statements and tax returns. Neighbors Investments guaranteed
Gentle Slopes' loans and lines of credit.
Gentle Slopes began to lack the funds to maintain its
business, Baumgartner allegedly threatened to allow Central
Bank of Lake of the Ozarks to foreclose on Gentle Slopes'
properties if Neighbors Investments did not supply the funds
needed for Gentle Slopes' projects. On April 12, 2011,
Neighbors Investments filed a voluntary petition for relief
under Chapter 11 of the United States Bankruptcy Code after
Central Bank and the Bank of Versailles filed foreclosure
actions on Gentle Slopes' properties. On April 25, 2016,
the United States Bankruptcy Court for the District of Kansas
entered a final decree in the bankruptcy case. On April 26,
2016, the bankruptcy court administratively closed the case.
Plaintiff's Complaint here includes seven causes of
1. Count One is a derivative action brought on behalf of
Gentle Slopes for an accounting.
2. Count Two is a direct and derivative action for breach of
3. Count Three is a direct and derivative action for
4. Count Four is a direct and derivative action for negligent
5. Count Five is a derivative action for constructive trust.
6. Count Six is a derivative action for conversion.
7. Count Seven is a direct and derivative action for civil
conspiracy to ...