Federal Trade Commission v. Western Refining, Inc. et al
Plaintiff: Federal Trade Commission
Defendant: Western Refining, Inc., Paul L Foster and Giant Industries, Inc.
Case Number: 1:2007cv00352
Filed: April 12, 2007
Court: US District Court for the District of New Mexico
Office: Albuquerque Office
County: Bernalillo
Presiding Judge: James O Browning
Referring Judge: Alan C Torgerson
Nature of Suit: Anti-Trust
Cause of Action: 15 U.S.C. § 0053 Federal Trade Commission Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 30, 2007. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 30, 2007 Filing 261 FINAL JUDGMENT by District Judge James O. Browning in favor of Defendants and against Plaintiff. (ks)
June 18, 2007 Opinion or Order Filing 260 ORDER of USCA as to #248 Notice of Appeal filed by Federal Trade Commission (jrm)
June 11, 2007 Opinion or Order Filing 259 MEMORANDUM OPINION AND ORDER granting in part and denying in part Plaintiff's First Motion to Compel Production of Documents by Giant Industries, Inc. 125 by District Judge James O. Browning. (jf)
June 5, 2007 Filing 258 TRANSCRIPT of telephonic hearing on the FTC's Motion for an Injunction pending Appeal Pursuant to FRCP 62(c) or, in the alternative and Injunction pending Resolution by the Court of Appeals on an Emergency Motion for an Injunction held on May 30, 2007 re #248 Notice of Appeal Court Reporter: P. Baca. (pg)
June 4, 2007 Filing 256 LETTER to USCA transmitting preliminary record re #248 Notice of Appeal. (pg)
June 1, 2007 Filing 257 USCA Case Number 07-2131 for #248 Notice of Appeal filed by Federal Trade Commission. (pg)
May 30, 2007 Opinion or Order Filing 254 MEMORANDUM OPINION AND ORDER by District Judge James O. Browning denying the Motion of the Federal Trade Commission for an Injunction Pending Appeal Pursuant to Fed. R. Civ. P. 62(c) or, in the Alternative, an Injunction Pending Resolution by the Court of Appeals of an Emergency Motion for an Injunction #249 (PUBLIC VERSION). (ks)
May 30, 2007 Filing 253 Clerk's Minutes from motion hearing held 5/30/2007 before District Judge James O. Browning re: Motion of the Federal Trade Commission for an Injunction Pending Appeal Pursuant to Fed.R.Civ.P. 62(c) or, in the Alternative, an Injunction Pending Resolution by the Court of Appeals of an Emergency Motion for an Injunction #249 - TAKEN UNDER ADVISEMENT (Court Reporter Paul Baca). (ks)
May 30, 2007 Filing 252 NOTICE of motion hearing re: the Motion of the Federal Trade Commission for an Injunction Pending Appeal Pursuant to Fed.R.Civ.P. 62(c) or, in the Alternative, an Injunction Pending Resolution by the Court of Appeals of an Emergency Motion for an Injunction #249 scheduled on 5/30/2007 at 03:00 PM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (ks)
May 29, 2007 Filing 249 MOTION FRCP 62(c) Motion for Injunction Pending Appeal by Federal Trade Commission. (Lang, Thomas)
May 29, 2007 Filing 248 NOTICE OF APPEAL as to 247 Findings of Fact & Conclusions of Law, Memorandum Opinion and Order by Federal Trade Commission. Filing fee $ 455. (Lang, Thomas)
May 29, 2007 Opinion or Order Filing 246 MEMORANDUM OPINION, FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER by District Judge James O. Browning denying the Plaintiff's Motion for a Preliminary Injunction 10 (PUBLIC VERSION). (ks)
May 26, 2007 Filing 245 OBJECTIONS to Defendants' Exhibits by Federal Trade Commission. (Lang, Thomas)
May 26, 2007 Filing 244 RESPONSE re #243 Objections filed by Federal Trade Commission. (Lang, Thomas)
May 24, 2007 Filing 243 OBJECTIONS to Plaintiff's Preliminary Injunction Hearing Exhibit List by Western Refining, Inc., Paul L Foster, Giant Industries, Inc.. (Outler, Thomas)
May 24, 2007 Filing 242 Exhibit List by Western Refining, Inc., Paul L Foster, Giant Industries, Inc... (Outler, Thomas)
May 21, 2007 Filing 240 TRIAL BRIEF (Post-Trial Brief, Public Version) by Giant Industries, Inc.. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C)(Outler, Thomas)
May 21, 2007 Filing 239 Proposed Findings of Fact by Federal Trade Commission. (Lang, Thomas)
May 21, 2007 Filing 238 Proposed Findings of Fact by Federal Trade Commission. (Lang, Thomas)
May 21, 2007 Filing 237 BRIEF (Public) by Federal Trade Commission. (Lang, Thomas)
May 18, 2007 TRANSCRIPT of Motion Proceedings held on May 3, 2007 before Judge Browning. Court Reporter: D. Everett. (pg)
May 18, 2007 TRANSCRIPT of Temporary Restraining Order Proceedings held on April 13, 2007 before Judge Browning. Court Reporter: D. Everett. (pg)
May 18, 2007 TRANSCRIPT of Preliminary Proceedings held on May 7, 2007 before Judge Browning. Court Reporter: D. Everett. (pg)
May 18, 2007 TRANSCRIPT of Preliminary Proceedings held on May 8, 2007 before Judge Browning. Court Reporter: D. Everett. (pg)
May 18, 2007 TRANSCRIPT of Preliminary Proceedings held on May 11, 2007 before Judge Browning. Court Reporter: D. Everett. (pg)
May 18, 2007 TRANSCRIPT of Preliminary Proceedings held on May 10, 2007 before Judge Browning. Court Reporter: D. Everett. (pg)
May 18, 2007 TRANSCRIPT of Preliminary Proceedings held on May 9, 2007 before Judge Browning. Court Reporter: D. Everett. (pg)
May 18, 2007 Filing 236 Proposed Findings of Fact by Western Refining, Inc., Paul L Foster, Giant Industries, Inc.. (Outler, Thomas)
May 17, 2007 Filing 235 TRIAL BRIEF (Post-Trial Brief, Public Version) by Western Refining, Inc., Paul L Foster. (Outler, Thomas)
May 16, 2007 Filing 231 NOTICE OF DEFICIENCY sent to Atty T. Lang re 227 , 228 Appendix/Supplement; Incorrect Document: No Cover Pages submitted on these documents (jrm)
May 14, 2007 Filing 230 Letter by Court to Kim Bullerdick returned undeliverable, party not known (jrm)
May 14, 2007 Filing 220 ANSWER to Complaint (Amended Complaint Filed April 30, 2007) by Giant Industries, Inc.. Related document: #4 Amended Complaint filed by Federal Trade Commission.(Outler, Thomas)
May 14, 2007 Filing 219 ANSWER to Complaint (Amended Complaint of April 30, 2007) by Western Refining, Inc., Paul L Foster. Related document: #4 Amended Complaint filed by Federal Trade Commission.(Outler, Thomas)
May 14, 2007 Opinion or Order Filing 218 ORDER denying request for video feed contained within Letter from Katie Waldeck of Courtroom Connect d/b/a Courtroom View Network #202 by District Judge James O. Browning. (jf)
May 11, 2007 Filing 217 APPENDIX/SUPPLEMENT re #212 Brief by Federal Trade Commission. (Lang, Thomas)
May 11, 2007 Filing 216 APPENDIX/SUPPLEMENT re #212 Brief by Federal Trade Commission. (Lang, Thomas)
May 11, 2007 Filing 215 APPENDIX/SUPPLEMENT re #212 Brief by Federal Trade Commission. (Lang, Thomas)
May 11, 2007 Filing 214 APPENDIX/SUPPLEMENT re #212 Brief by Federal Trade Commission. (Lang, Thomas)
May 11, 2007 Filing 213 APPENDIX/SUPPLEMENT re #212 Brief by Federal Trade Commission. (Lang, Thomas)
May 11, 2007 Filing 212 BRIEF by Federal Trade Commission. (Attachments: #1 Supplement Exhibit List)(Lang, Thomas)
May 10, 2007 Opinion or Order Filing 211 ORDER granting in part and denying in part the Defendants' Motion to Compel Production of Documents and Interrogatory Answers #148 by District Judge James O. Browning. (jf)
May 10, 2007 Opinion or Order Filing 210 ORDER granting in part and denying in part Plaintiff's Motion to Strike Defendants' Late-Filed Expert Reports #166 by District Judge James O. Browning. (jf)
May 10, 2007 Filing 209 MEMORANDUM in Opposition (Public Version) Joint Pre-Hearing Brief of Defendants Western Refining, Inc. and Giant Industries, Inc. in Opposition to Plaintiff's Motion for Preliminary Injunction filed by Western Refining, Inc., Paul L Foster, Giant Industries, Inc.. (Attachments: #1 Exhibit 3 Part A#2 Exhibit 3 Part B)(Outler, Thomas)
May 9, 2007 Filing 207 NOTICE OF DEFICIENCY sent to Atty T. Outler re 198 Errata ; Document not filed in the form of a pleading & Incorrect Document: Category/Event selected (jrm)
May 9, 2007 Filing 206 NOTICE OF DEFICIENCY sent to Atty T.Outler re 197 Trial Brief ; Incorrect Document: Category/Event selected (jrm)
May 8, 2007 Opinion or Order Filing 205 ORDER granting in part and denying in part Plaintiff's Motion to Strike Defendants' Pre-hearing Briefs Based on Defendants' Non-Compliance with D.N.M.LR-Civ.7.7 #199 by Judge James O. Browning. (jf)
May 8, 2007 Filing 204 NOTICE OF DEFICIENCY sent to Atty T. Outler re 196 Trial Brief, ; Incorrect Document: Category/Event selected (jrm)
May 7, 2007 Filing 202 Letter to District Judge Browning from Katie Waldeck, Courtroom View Network re: Video Feed re: Preliminary Injunction hearing (jrm)
May 7, 2007 Filing 201 CERTIFICATE OF SERVICE by Giant Industries, Inc. of Revised Responses and Objections to Plaintiff's First Set of Interrogatories to Defendants on 5/6/07 (Outler, Thomas) Modified on 5/8/2007 (modify text)
May 6, 2007 Filing 200 RESPONSE to Motion re #166 First MOTION to Strike Late Filed Expert Report filed by Western Refining, Inc., Paul L Foster, Giant Industries, Inc.. (Schultz, Andrew)
May 6, 2007 Filing 199 MOTION to Strike 196 Trial Brief, 197 Trial Brief by Federal Trade Commission. (Attachments: #1 Supplement Memo in support of motion to strike)(Lang, Thomas)
May 4, 2007 Filing 182 CERTIFICATE OF SERVICE of redacted expert reports by Federal Trade Commission to counsel on 5/4/07 (Lang, Thomas) Modified on 5/7/2007 (modify text)
May 4, 2007 Filing 181 CERTIFICATE OF SERVICE of Errata for expert report of Halbert L White by Federal Trade Commission to counsel on 5/4/07(Lang, Thomas) Modified on 5/7/2007 (modify text)
May 4, 2007 Filing 180 NOTICE OF DEFICIENCY sent to Atty T. Lang re #168 Proposed Pretrial Order ; Document not accepted by the Court for filing (jrm)
May 4, 2007 Preliminary Injunction Hearing scheduled to commence on 5/7/2007 at 09:00 AM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. THIS IS A TEXT ONLY ENTRY TO CREATE A CALENDAR ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (ks)
May 3, 2007 Filing 179 APPENDIX/SUPPLEMENT re 178 Appendix/Supplement by Federal Trade Commission. (Lang, Thomas)
May 3, 2007 Filing 173 APPENDIX/SUPPLEMENT re 172 Appendix/Supplement by Federal Trade Commission. (Lang, Thomas)
May 3, 2007 Filing 169 APPENDIX/SUPPLEMENT re #167 Memorandum in Support, #168 Proposed Pretrial Order by Federal Trade Commission. (Lang, Thomas)
May 3, 2007 Filing 168 Proposed Pretrial Order Motion to Strike Late Filed Expert Report by Federal Trade Commission. (Lang, Thomas)
May 3, 2007 Filing 167 MEMORANDUM of Points and Authorities in Support re #166 First MOTION to Strike Late Filed Expert Report filed by Federal Trade Commission. (Lang, Thomas) Modified on 5/4/2007 (modify text)
May 3, 2007 Filing 166 First MOTION to Strike Late Filed Expert Report by Federal Trade Commission. (Lang, Thomas)
May 3, 2007 TRANSCRIPT of Proceedings of motion hearing held on April 20, 2007 before Judge Browning. Court Reporter: D. Everett. (pg)
May 2, 2007 Filing 165 APPENDIX/SUPPLEMENT re #164 Appendix/Supplement by Federal Trade Commission. (Lang, Thomas)
May 2, 2007 Filing 164 APPENDIX/SUPPLEMENT re #163 Appendix/Supplement by Federal Trade Commission. (Lang, Thomas)
May 2, 2007 Filing 163 APPENDIX/SUPPLEMENT re #162 Appendix/Supplement by Federal Trade Commission. (Lang, Thomas)
May 2, 2007 Filing 162 APPENDIX/SUPPLEMENT re #161 Response in Opposition to Motion by Federal Trade Commission. (Lang, Thomas)
May 2, 2007 Filing 161 RESPONSE in Opposition re #148 MOTION to Compel Production of Documents and Answers to Interrogatories filed by Federal Trade Commission. (Lang, Thomas)
May 2, 2007 Filing 160 CERTIFICATE OF SERVICE by Western Refining, Inc., Paul L Foster, Giant Industries, Inc. Subpoena for Love's Travel Stops to counsel on 5/2/07 (Brad Jenkins (Outler, Thomas) Modified on 5/3/2007 (modify text)
May 2, 2007 Filing 159 CERTIFICATE OF SERVICE by Western Refining, Inc., Paul L Foster, Giant Industries, Inc. Subpoena to Darby Reid, Valero Energy Corporation on 5/2/07 (Outler, Thomas) Modified on 5/3/2007 (modify text)
May 2, 2007 Filing 158 CERTIFICATE OF SERVICE by Western Refining, Inc., Paul L Foster, Giant Industries, Inc. of Expert Report of Joseph P. Kalt, Ph.D. to counsel on 5/2/07 (Outler, Thomas) Modified on 5/3/2007 (modify text)
May 1, 2007 Filing 157 CERTIFICATE OF SERVICE of Subpoena Ad Testificandum by Federal Trade Commission to counsel on 5/1/07 (Lang, Thomas) Modified on 5/2/2007 (modify text)
May 1, 2007 Filing 156 CERTIFICATE OF SERVICE of Subpoena Ad Testificandum by Federal Trade Commission to counsel on 5/1/07 (Lang, Thomas) Modified on 5/2/2007 (modify text)
May 1, 2007 Filing 155 CERTIFICATE OF SERVICE of Subpoena Ad Testificandum by Federal Trade Commission to counsel on 5/1/07 (Lang, Thomas) Modified on 5/2/2007 (modify text)
May 1, 2007 Filing 154 CERTIFICATE OF SERVICE of Subpoena Ad Testificandum by Federal Trade Commission to counsel on 5/1/07 (Lang, Thomas) Modified on 5/2/2007 (modify text)
May 1, 2007 Filing 153 CERTIFICATE OF SERVICE of Subpoena Ad Testificandum by Federal Trade Commission to counsel on 5/1/07(Lang, Thomas) Modified on 5/2/2007 (modify text)
May 1, 2007 Filing 152 NOTICE of Appearance by Thomas J Lang on behalf of Federal Trade Commission (Lang, Thomas)
May 1, 2007 Filing 151 NOTICE of motion hearing re: the Plaintiffs' First Motion to Compel Production of Documents by Giant Industries, Inc. 125 and the Defendants' Motion to Compel Production of Documents and Interrogatory Answers #148 scheduled on 5/3/2007 at 02:30 PM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.(ks)
April 30, 2007 TRANSCRIPT of Proceedings held on 04/16/2007 before Judge Browning. (pg)
April 30, 2007 Filing 150 RESPONSE in Opposition re 10 MOTION for Preliminary Injunction filed by Western Refining, Inc., Paul L Foster, Giant Industries, Inc.. (Outler, Thomas)
April 30, 2007 Filing 149 MEMORANDUM OF LAW in Support re #148 MOTION to Compel Production of Documents and Answers to Interrogatories filed by Western Refining, Inc., Paul L Foster, Giant Industries, Inc.. (Attachments: #1 Exhibit Exhibit 1#2 Exhibit Exhibit 2#3 Exhibit Exhibit 3#4 Exhibit Exhibit 4 Part 1#5 Exhibit Exhibit 4 Part 2#6 Exhibit Exhibit 5#7 Exhibit Exhibit 6 Part 1#8 Exhibit Exhibit 6 Part 2#9 Exhibit Exhibit 7#10 Exhibit Exhibit 8)(Outler, Thomas) Modified on 5/1/2007 (modify text)
April 30, 2007 Filing 148 MOTION to Compel Production of Documents and Answers to Interrogatories by Western Refining, Inc., Paul L Foster, Giant Industries, Inc.. (Outler, Thomas)
April 30, 2007 Opinion or Order Filing 147 ORDER by District Judge James O. Browning granting Plaintiff's Motion for Leave to File an Amended Complaint #129 . (ks)
April 28, 2007 Filing 146 CERTIFICATE OF SERVICE by Federal Trade Commission of Notice of Depositions to counsel on 4/28/07 (Lang, Thomas) Modified on 4/30/2007 (modify text)
April 28, 2007 Filing 145 CERTIFICATE OF SERVICE of Expert Reports by Federal Trade Commission to counsel on 4/28/07(Lang, Thomas) Modified on 4/30/2007 (modify text)
April 27, 2007 Filing 144 RESPONSE in Opposition re 125 First MOTION to Compel Giant filed by Giant Industries, Inc.. (Attachments: #1 Exhibit Exhibit A#2 Exhibit Exhibit B#3 Exhibit Exhibit C#4 Exhibit Exhibit D#5 Exhibit Exhibit E#6 Exhibit Exhibit F#7 Exhibit Exhibit G#8 Exhibit Exhibit H#9 Exhibit Exhibit I#10 Affidavit Declaration of Tom D. Smith#11 Affidavit Affidavit of Rebecca L. Egeland)(Outler, Thomas)
April 27, 2007 Filing 143 CERTIFICATE OF SERVICE by Federal Trade Commission Requests for Admissions and Interrogatories to counsel on 4/27/07 (Lang, Thomas) Modified on 4/30/2007 (modify text)
April 27, 2007 Filing 142 CERTIFICATE OF SERVICE by Western Refining, Inc., Paul L Foster of Responses to Plaintiff's First Interrogatories and First Requests for Admission to Defendants on 4/27/07 (Outler, Thomas) Modified on 4/30/2007 (modify text)
April 27, 2007 Filing 141 CERTIFICATE OF SERVICE by Giant Industries, Inc. of Responses and Objections to Plaintiff's First Interrogatories and First Requests for Admission to Defendants on 4/27/07(Outler, Thomas) Modified on 4/30/2007 (modify text)
April 27, 2007 Filing 140 CERTIFICATE OF SERVICE of Subpoena Ad Testificandum & Subpoena Duces Tecum by Federal Trade Commission to counsel on 4/27/07 (Lang, Thomas) Modified on 4/30/2007 (modify text)
April 27, 2007 Filing 139 CERTIFICATE OF SERVICE by Western Refining, Inc., Paul L Foster, Giant Industries, Inc. re Affidavits of Kim Bullerick & Lowry Barfield #137 , #138 to counsel on 4/27/07 (Outler, Thomas) Modified on 4/30/2007 (modify text)
April 27, 2007 Filing 138 AFFIDAVIT of Lowry Barfield by Western Refining, Inc.. (Outler, Thomas)
April 27, 2007 Filing 137 AFFIDAVIT of Kim H. Bullerdick by Giant Industries, Inc.. (Outler, Thomas)
April 27, 2007 Filing 136 CORRECTED CERTIFICATE OF SERVICE by Federal Trade Commission re #123 Certificate of Service #124 to counsel on 4/25/07 (Lang, Thomas) Modified on 4/30/2007 (modify text)
April 26, 2007 Filing 135 CERTIFICATE OF SERVICE by Western Refining, Inc., Paul L Foster, Giant Industries, Inc. of Subpoena to Flying J, Inc. on 4/26/07 (Outler, Thomas) Modified on 4/27/2007 (modify text)
April 26, 2007 Filing 134 CERTIFICATE OF SERVICE by Western Refining, Inc., Paul L Foster, Giant Industries, Inc. of Subpoena to Phil Adams on 4/26/07 (Outler, Thomas) Modified on 4/27/2007 (modify text)
April 26, 2007 Filing 133 CERTIFICATE OF SERVICE by Western Refining, Inc., Paul L Foster, Giant Industries, Inc. of Subpoenas to James Conway and Rocky Elgie on 4/26/07 (Outler, Thomas) Modified on 4/27/2007 (modify text)
April 26, 2007 Opinion or Order Filing 132 MEMORANDUM OPINION AND ORDER granting in part and denying in part Plaintiff's Motion for Protective Order 8 and Plaintiff's Corrected Motion for Protective Order #67 by District Judge James O. Browning. (jf)
April 26, 2007 Filing 131 APPENDIX/SUPPLEMENT re #130 Memorandum in Support by Federal Trade Commission. (Lang, Thomas)
April 26, 2007 Filing 130 MEMORANDUM in Support re #129 First MOTION to Amend/Correct #4 Amended Complaint filed by Federal Trade Commission. (Lang, Thomas)
April 26, 2007 Filing 129 First MOTION to Amend/Correct #4 Amended Complaint by Federal Trade Commission. (Lang, Thomas)
April 26, 2007 Filing 128 NOTICE OF DEFICIENCY sent to Atty T. Lang re #123 , #124 Certificates of Service, Documents not filed in the Form of a Pleading (jrm)
April 25, 2007 Filing 124 CERTIFICATE OF SERVICE of subpoena ad testuficandum by Federal Trade Commission to counsel on 4/25/07 (Lang, Thomas) Modified on 4/26/2007 (modify text)
April 25, 2007 Filing 123 CERTIFICATE OF SERVICE of subpoena ad testificandum by Federal Trade Commission to counsel on 4/25/07 (Lang, Thomas) Modified on 4/26/2007 (modify text)
April 25, 2007 Filing 122 CERTIFICATE OF SERVICE by Western Refining, Inc., Paul L Foster, Giant Industries, Inc. of Subpoena to counsel on 4/25/07 (Outler, Thomas) Modified on 4/26/2007 (modify text)
April 25, 2007 Filing 121 NOTICE of Appearance by Thomas A. Outler on behalf of Western Refining, Inc., Paul L Foster (Outler, Thomas)
April 24, 2007 Filing 120 ANSWER to Amended Complaint by Giant Industries, Inc..(Schultz, Andrew)
April 24, 2007 Filing 119 AFFIDAVIT re #55 Memorandum in Opposition to Plaintiff's Motion for Protective Order (Affidavit of Lowry Barfield) by Western Refining, Inc.. (Outler, Thomas)
April 24, 2007 Filing 118 AFFIDAVIT re #55 Memorandum in Opposition to Plaintiff's Motion for Protective Order (Affidavit of Kim Bullerdick) by Giant Industries, Inc.. (Outler, Thomas)
April 24, 2007 Filing 117 APPENDIX/SUPPLEMENT re #116 Response in Support of Motion PX04060 by Federal Trade Commission. (Lang, Thomas)
April 24, 2007 Filing 116 CORRECTED RESPONSE in Support re 8 First MOTION for Protective Order, #67 MOTION to Amend/Correct 8 First MOTION for Protective Order filed by Federal Trade Commission. (Lang, Thomas) Modified on 4/25/2007 (modify text)
April 24, 2007 Filing 115 CERTIFICATE OF SERVICE by Western Refining, Inc., Paul L Foster>of Defendants Paul L. Foster and Western Refining, Inc.'s Responses to Plaintiff's First Request for Production of Documents to counsel on 4/23/07 (Outler, Thomas) Modified on 4/25/2007 (modify text)
April 24, 2007 Filing 114 CERTIFICATE OF SERVICE by Giant Industries, Inc. of Defendant Giant Industries, Inc.'s Responses to Plaintiff's First Request for Production of Documents to counsel on 4/24/07 (Outler, Thomas) Modified on 4/25/2007 (modify text)
April 23, 2007 Filing 113 CERTIFICATE OF SERVICE by Federal Trade Commission re: Plaintiff's Objections and Responses to Defendants' First Set of Requests for Production of Documents to counsel on 4/23/07 (Lang, Thomas) Modified on 4/24/2007 (modify text)
April 23, 2007 Filing 112 MOTION to Dismiss Dismiss All Claims Related to a Light Petroleum Market (Public Version) by Western Refining, Inc., Paul L Foster, Giant Industries, Inc.. (Outler, Thomas)
April 23, 2007 Filing 111 MOTION for Hearing re 108 MOTION to Dismiss All Claims Related To A Light Petroleum Product Market by Western Refining, Inc., Paul L Foster, Giant Industries, Inc.. (Outler, Thomas)
April 23, 2007 Filing 110 CERTIFICATE OF SERVICE of Subpoena Duces Tecum and all Amendments by Federal Trade Commission to Valero on 4/23/07 (Lang, Thomas) Modified on 4/24/2007 (modify text)
April 23, 2007 Filing 109 CERTIFICATE OF SERVICE by Federal Trade Commission to Correct Deficiencies 101-103 to counsel on 4/20/07 (Lang, Thomas) Modified on 4/24/2007 (modify text)
April 23, 2007 Filing 107 Clerk's Minutes from motion hearing held before District Judge James O. Browning on 4/23/2007 re: the Plaintiff's Motion for Protective Order 8 & the Plaintiff's Amended Motion for Protective Order #67 . (Court Reporter Danna Everett). (ks)
April 23, 2007 Filing 106 Clerk's Minutes from Status Conference (telephonic) held before District Judge James O. Browning on 4/23/2007 (Court Reporter Danna Everett). (ks)
April 23, 2007 Filing 105 NOTICE of Appearance by Thomas J Lang on behalf of Federal Trade Commission (Lang, Thomas)
April 23, 2007 Filing 104 NOTICE OF DEFICIENCY sent to Atty A. Schultz re #80 Notice (Other) (Proposed Stipulated Order) "DOCUMENT NOT ACCEPTED BY THE COURT FOR FILING" (jrm)
April 23, 2007 Filing 103 NOTICE OF DEFICIENCY sent to Atty T. Lang re Certificates of Service, #86 , #87 , #88 , #89 , #90 , #91 , #92 , #93 , #94 , #95 , #96 "DOCUMENTS NOT FILED IN THE FORM OF A PLEADING" (jrm)
April 23, 2007 Filing 102 NOTICE OF DEFICIENCY sent to Atty T. Lang re #85 Certificate of Service ; Document not filed in the Form of a Pleading (jrm)
April 23, 2007 Filing 101 NOTICE OF DEFICIENCY sent to Atty T. Lang re #84 Certificate of Service ; Document not filed in the Form of a Pleading (jrm)
April 23, 2007 Filing 100 NOTICE OF DEFICIENCY sent to Atty T. Lang re #80 Notice (Other) (Proposed Stipulated Order) "DOCUMENT NOT ACCEPTED BY THE COURT FOR FILING" (jrm) Modified on 4/23/2007 (Murphy, Joe). "DOCUMENT FILED IN ERROR"
April 22, 2007 Filing 99 RESPONSE in Support re 8 First MOTION for Protective Order, #67 MOTION to Amend/Correct 8 First MOTION for Protective Order Public filed by Federal Trade Commission. (Lang, Thomas)
April 20, 2007 Filing 96 CERTIFICATE OF SERVICE by Federal Trade Commission RFA (Lang, Thomas)
April 20, 2007 Filing 95 CERTIFICATE OF SERVICE by Federal Trade Commission Western Document Request (Lang, Thomas)
April 20, 2007 Filing 94 CERTIFICATE OF SERVICE by Federal Trade Commission Interrogatories (Lang, Thomas)
April 20, 2007 Filing 93 CERTIFICATE OF SERVICE by Federal Trade Commission Giant Document Request (Lang, Thomas)
April 20, 2007 Filing 92 CERTIFICATE OF SERVICE by Federal Trade Commission Valero (Lang, Thomas)
April 20, 2007 Filing 91 CERTIFICATE OF SERVICE by Federal Trade Commission Plains (Lang, Thomas)
April 20, 2007 Filing 90 CERTIFICATE OF SERVICE by Federal Trade Commission Polk (Lang, Thomas)
April 20, 2007 Filing 89 CERTIFICATE OF SERVICE by Federal Trade Commission Pilot (Lang, Thomas)
April 20, 2007 Filing 88 CERTIFICATE OF SERVICE by Federal Trade Commission Petro (Lang, Thomas)
April 20, 2007 Filing 87 CERTIFICATE OF SERVICE by Federal Trade Commission NuStar (Lang, Thomas)
April 20, 2007 Filing 86 CERTIFICATE OF SERVICE by Federal Trade Commission Holly (Lang, Thomas)
April 20, 2007 Filing 85 CERTIFICATE OF SERVICE of Subpoena Duces Tecum and all Attachments by Federal Trade Commission to Chevron on 4/20/07 (Lang, Thomas) Modified on 4/23/2007 (modify text)
April 20, 2007 Filing 84 CERTIFICATE OF SERVICE of Subpoena Duces Tecum and all Attachments by Federal Trade Commission to counsel on 4/20/07 (Lang, Thomas) Modified on 4/23/2007 (modify text)
April 20, 2007 Opinion or Order Filing 83 STIPULATED ORDER Regarding Preliminary Injunction Hearing and Pre-Hearing Schedule and Arrangements by District Judge James O. Browning. (ks)
April 20, 2007 Filing 82 NOTICE of motion hearing re: Plaintiff's Motion for Protective Order 8 and the Defendants' Oral Motion to Amend the Protective Order scheduled on 4/23/2007 at 03:00 PM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (ks)
April 20, 2007 Filing 81 CERTIFICATE OF SERVICE by Western Refining, Inc., Paul L Foster, Giant Industries, Inc. of First Set of Requests for Admission and First Set of Interrogatories to counsel on 4/20/07 (Outler, Thomas) Modified on 4/23/2007 (modify text)
April 20, 2007 Filing 80 NOTICE by Federal Trade Commission, Western Refining, Inc., Paul L Foster, Giant Industries, Inc. of Proposed Stipulated Order Regarding Scheduling (Schultz, Andrew)
April 20, 2007 Filing 73 MINUTE ORDER scheduling, pursuant to the request of the parties, a Status Conference on 4/20/2007 at 02:30 PM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (ks)
April 20, 2007 Filing 72 NOTICE of Appearance by Thomas A. Outler on behalf of Paul L Foster (Outler, Thomas)
April 19, 2007 Filing 71 MEMORANDUM in Support re #69 MOTION to Amend/Correct 13 MOTION to Seal filed by Federal Trade Commission. (Lang, Thomas)
April 19, 2007 Filing 70 Corporate Disclosure Statement by Western Refining, Inc., Giant Industries, Inc.. (Schultz, Andrew)
April 19, 2007 Filing 69 MOTION to Amend/Correct 13 MOTION to Seal by Federal Trade Commission. (Lang, Thomas)
April 19, 2007 Filing 68 MEMORANDUM in Support re #67 MOTION to Amend/Correct 8 First MOTION for Protective Order filed by Federal Trade Commission. (Lang, Thomas)
April 19, 2007 Filing 67 MOTION to Amend/Correct 8 First MOTION for Protective Order by Federal Trade Commission. (Lang, Thomas)
April 19, 2007 Filing 66 MOTION to Amend/Correct 10 MOTION for Preliminary Injunction by Federal Trade Commission. (Lang, Thomas)
April 19, 2007 Filing 65 CERTIFICATE OF SERVICE by Western Refining, Inc., Giant Industries, Inc. of First Set of Requests for Production of Documents (Outler, Thomas)
April 19, 2007 Filing 64 APPENDIX/SUPPLEMENT by Federal Trade Commission. (Lang, Thomas)
April 19, 2007 Filing 63 APPENDIX/SUPPLEMENT by Federal Trade Commission. (Lang, Thomas)
April 19, 2007 Filing 62 APPENDIX/SUPPLEMENT by Federal Trade Commission. (Lang, Thomas)
April 19, 2007 Filing 61 APPENDIX/SUPPLEMENT by Federal Trade Commission. (Lang, Thomas)
April 19, 2007 Filing 60 APPENDIX/SUPPLEMENT re #58 Memorandum in Support by Federal Trade Commission. (Lang, Thomas)
April 19, 2007 Filing 59 APPENDIX/SUPPLEMENT re #58 Memorandum in Support by Federal Trade Commission. (Lang, Thomas)
April 19, 2007 Filing 58 MEMORANDUM in Support re 10 MOTION for Preliminary Injunction (Public) filed by Federal Trade Commission. (Lang, Thomas)
April 19, 2007 Filing 57 NOTICE OF DEFICIENCY sent to Atty T. Lang re 54 Appendix/Supplement; Incorrect Document: Document not filed in the form of a Pleading (jrm)
April 19, 2007 Filing 56 NOTICE OF DEFICIENCY sent to Atty T. Lang re 53 Appendix/Supplement ; Incorrect Document: Category/Event selected (jrm)
April 19, 2007 TRANSCRIPT of Proceedings of Temporary Restraining Order hearing held on 04/13/2007 before Judge Browning. (pg)
April 18, 2007 Filing 55 MEMORANDUM in Opposition re 8 First MOTION for Protective Order filed by Western Refining, Inc., Giant Industries, Inc.. (Outler, Thomas)
April 18, 2007 Filing 50 NOTICE OF DEFICIENCY sent to Atty T. Lang re 8 MOTION for Protective Order, 10 MOTION for Preliminary Injunction ; Incorrect Document: Category/Event selected (jrm)
April 17, 2007 Filing 49 Clerk's Minutes from Status Conference held before District Judge James O. Browning on 4/17/2007 (Court Reporter Danna Everett). (ks)
April 17, 2007 Filing 48 NOTICE of Appearance by Thomas J Lang on behalf of Federal Trade Commission (Lang, Thomas)
April 17, 2007 Filing 47 SEALED TRIAL BRIEF by Federal Trade Commission. (Attachments: #1 Supplement Public Exhibit List#2 Exhibit #3 Exhibit #4 Exhibit #5 Exhibit #6 Exhibit)(Lang, Thomas) Modified on 4/18/2007 to seal (pmr).
April 17, 2007 Filing 46 NOTICE of Hearing on Plaintiff's Motion for a Preliminary Injunction 10 scheduled on 5/7/2007 at 09:00 AM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (ks)
April 17, 2007 Opinion or Order Filing 45 ORDER by District Judge James O. Browning granting the Defendants' Unopposed Motion to Seal Portion of the Hearing Transcript #41 . (ks)
April 17, 2007 Filing 44 NOTICE OF DEFICIENCY sent to Atty T. Lang re Appendix/Supplement #15 , #16 , #17 , #18 , #19 , #20 , #21 , #22 , #23 , #24 , #25 , #26 , #27 , #28 Documents submitted w/out cover sheet (no Case# or Judges' Initials shown) (jrm)
April 17, 2007 Filing 43 NOTICE OF DEFICIENCY sent to Atty T. Lang re 13 MOTION to Seal ; Incorrect PDF attached (jrm)
April 17, 2007 Filing 42 NOTICE OF DEFICIENCY sent to Atty T. Lang re 11 Trial Brief, Incorrect Document: Category/Event selected (jrm)
April 17, 2007 Filing 41 Unopposed MOTION to Seal Portion of Hearing Transcript by Western Refining, Inc., Giant Industries, Inc.. (Schultz, Andrew)
April 16, 2007 Filing 40 NOTICE of Status Conference scheduled on 4/16/2007 at 03:30 PM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (ks)
April 16, 2007 Filing 39 NOTICE OF DEFICIENCY sent to Atty T. Outler re #7 Amended Document ; Incorrect Document: Category/Event selected (jrm)
April 16, 2007 Filing 38 NOTICE OF DEFICIENCY sent to Atty T. Outler re #6 Amended Document ; Incorrect Document: Category/Event selected (jrm)
April 13, 2007 Opinion or Order Filing 37 MEMORANDUM OPINION AND ORDER granting Plaintiff's Motion for Temporary Restraining Order 9 by District Judge James O. Browning. (jf)
April 13, 2007 Filing 36 Clerk's Minutes from hearing held before District Judge James O. Browning on 4/13/2007 re: Plaintiff's Motion for a Temporary Restraining Order 9 - GRANTED (Court Reporter Danna Everett). (ks)
April 13, 2007 Filing 35 NOTICE of motion hearing re: Plaintiff's Motion for a Temporary Restraining Order 9 scheduled on 4/13/2007 at 08:15 AM in Albuquerque - 460 Vermejo Courtroom before District Judge James O. Browning. THIS IS A TEXT ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED. (ks)
April 12, 2007 Filing 34 DECLARATION of Marc Schildkraut in Support of Defendants' Response in Opposition to Plaintiff's Motion for Temporary Restraining Order by Western Refining, Inc., Giant Industries, Inc.. (Attachments: #1 Exhibit Exhibit 1 to Declaration of Marc Schildkraut#2 Exhibit Exhibit 2 to Declaration of Marc Schildkraut#3 Exhibit Exhibit 3 to Declaration of Marc Schildkraut#4 Exhibit Exhibit 4 to Declaration of Marc Schildkraut#5 Exhibit Exhibit 5 to Declaration of Marc Schildkraut#6 Exhibit Exhibit 6 to Declaration of Marc Schildkraut#7 Exhibit Exhibit 7 to Declaration of Marc Schildkraut#8 Exhibit Exhibit 8 to Declaration of Marc Schildkraut#9 Exhibit Exhibit 9 to Declaration of Marc Schildkraut)(Outler, Thomas)
April 12, 2007 Filing 33 DECLARATION of Paul L. Foster in Support of Defendants' Response in Opposition to Plaintiff's Motion for Temporary Restraining Order by Western Refining, Inc., Giant Industries, Inc.. (Outler, Thomas)
April 12, 2007 Filing 32 DECLARATION of Joseph P. Kalt in Support of Defendants' Response in Opposition to Plaintiff's Motion for Temporary Restraining Order by Western Refining, Inc., Giant Industries, Inc.. (Attachments: #1 Exhibit Exhibit to Kalt Declaration)(Outler, Thomas)
April 12, 2007 Filing 31 DECLARATION of Scott Matthew in Support of Defendants' Response in Opposition to Plaintiff's Motion for Temporary Restraining Order by Western Refining, Inc., Giant Industries, Inc.. (Outler, Thomas)
April 12, 2007 Filing 30 DECLARATION of Jeff Stevens in Support of Defendants' Response in Opposition to Plaintiff's Motion for Temporary Restraining Order by Western Refining, Inc., Giant Industries, Inc.. (Outler, Thomas)
April 12, 2007 Filing 29 MINUTE ORDER transferring this case to District Judge James O. Browning. THIS IS A TEXT ONLY ENTRY. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS FILING.(kg)
April 12, 2007 Filing 28 APPENDIX/SUPPLEMENT Exhibit 14 to Response in Opposition to Plaintiff's Motion for Temporary Restraining Order by Western Refining, Inc., Giant Industries, Inc.. (Outler, Thomas)
April 12, 2007 Filing 27 APPENDIX/SUPPLEMENT Exhibit 13 to Response in Opposition to Plaintiff's Motion for Temporary Restraining Order by Western Refining, Inc., Giant Industries, Inc.. (Outler, Thomas)
April 12, 2007 Filing 26 APPENDIX/SUPPLEMENT Exhibit 12 to Response in Opposition to Plaintiff's Motion for Temporary Restraining Order by Western Refining, Inc., Giant Industries, Inc.. (Attachments: #1 Exhibit Exhibit 12 Part B#2 Exhibit Exhibit 12 Part C#3 Exhibit Exhibit 12 Part D#4 Exhibit Exhibit 12 Part E#5 Exhibit Exhibit 12 Part F)(Outler, Thomas)
April 12, 2007 Filing 25 APPENDIX/SUPPLEMENT Exhibit 11 to Response in Opposition to Plaintiff's Motion for Temporary Restraining Order by Western Refining, Inc., Giant Industries, Inc.. (Attachments: #1 Exhibit Exhibit 11 Part B#2 Exhibit Exhibit 11 Part C)(Outler, Thomas)
April 12, 2007 Filing 24 APPENDIX/SUPPLEMENT Exhibit 10 to Response in Opposition to Plaintiff's Motion for Temporary Restraining Order by Western Refining, Inc., Giant Industries, Inc.. (Outler, Thomas)
April 12, 2007 Filing 23 APPENDIX/SUPPLEMENT Exhibit 9 to Response in Opposition to Plaintiff's Motion for Temporary Restraining Order by Western Refining, Inc., Giant Industries, Inc.. (Outler, Thomas)
April 12, 2007 Filing 22 APPENDIX/SUPPLEMENT Exhibit 8 to Response in Opposition to Plaintiff's Motion for Temporary Restraining Order by Western Refining, Inc., Giant Industries, Inc.. (Outler, Thomas)
April 12, 2007 Filing 21 APPENDIX/SUPPLEMENT Exhibit 7 to Response in Opposition to Plaintiff's Motion for Temporary Restraining Order by Western Refining, Inc., Giant Industries, Inc.. (Outler, Thomas)
April 12, 2007 Filing 20 APPENDIX/SUPPLEMENT Exhibit 6 to Response in Opposition to Plaintiff's Motion for Temporary Restraining Order by Western Refining, Inc., Giant Industries, Inc.. (Outler, Thomas)
April 12, 2007 Filing 19 APPENDIX/SUPPLEMENT Exhibit 5 to Response in Opposition to Plaintiff's Motion for Temporary Restraining Order by Western Refining, Inc., Giant Industries, Inc.. (Outler, Thomas)
April 12, 2007 Filing 18 APPENDIX/SUPPLEMENT Exhibit 4 to Response in Opposition to Plaintiff's Motion for Temporary Restraining Order by Western Refining, Inc., Giant Industries, Inc.. (Outler, Thomas)
April 12, 2007 Filing 17 APPENDIX/SUPPLEMENT Exhibit 3 to Response in Opposition to Plaintiff's Motion for Temporary Restraining Order by Western Refining, Inc., Giant Industries, Inc.. (Attachments: #1 Exhibit Exhibit 3 Part B#2 Exhibit Exhibit 3 Part C)(Outler, Thomas)
April 12, 2007 Filing 16 APPENDIX/SUPPLEMENT Exhibit 2 to Response in Opposition to Plaintiff's Motion for Temporary Restraining Order by Western Refining, Inc., Giant Industries, Inc.. (Attachments: #1 Exhibit Exhibit 2 Part B#2 Exhibit Exhibit 2 Part C#3 Exhibit Exhibit 2 Part D#4 Exhibit Exhibit 2 Part E#5 Exhibit Exhibit 2 Part F#6 Exhibit Exhibit 2 Part G#7 Exhibit Exhibit 2 Part H#8 Exhibit Exhibit 2 Part I#9 Exhibit Exhibit 2 Part J)(Outler, Thomas)
April 12, 2007 Filing 15 APPENDIX/SUPPLEMENT Exhibit 1 to Response in Opposition to Plaintiff's Motion for Teporary Restraining Order by Western Refining, Inc., Giant Industries, Inc.. (Attachments: #1 Exhibit Exhibit 1 Part B#2 Exhibit Exhibit 1 Part C#3 Exhibit Exhibit 1 Part D#4 Exhibit Exhibit 1 Part E#5 Exhibit Exhibit 1 Part F#6 Exhibit Exhibit 1 Part G#7 Exhibit Exhibit 1 Part H#8 Exhibit Exhibit 1 Part I#9 Exhibit Exhibit 1 Part J)(Outler, Thomas)
April 12, 2007 Filing 14 MEMORANDUM in Opposition to Plaintiff's Motion for Temporary Restraining Order filed by Western Refining, Inc., Giant Industries, Inc.. (Outler, Thomas)
April 12, 2007 Filing 7 AMENDED DOCUMENT by Giant Industries, Inc.. Entry of Appearance. (Outler, Thomas)
April 12, 2007 Filing 6 AMENDED DOCUMENT by Western Refining, Inc.. Entry of Appearance. (Outler, Thomas)
April 12, 2007 Filing 5 NOTICE of Appearance by Thomas A. Outler on behalf of Western Refining, Inc. (Outler, Thomas)
April 12, 2007 Filing 4 AMENDED COMPLAINT Federal Trade Commission against all defendants., filed by Federal Trade Commission.(Lang, Thomas) Modified on 4/12/2007 to delete security (bap)
April 12, 2007 Filing 3 NOTICE of Appearance by Thomas A. Outler on behalf of Giant Industries, Inc. (Outler, Thomas)
April 12, 2007 Filing 2 NOTICE of Appearance by Thomas A. Outler on behalf of Western Refining, Inc. (Outler, Thomas)
April 12, 2007 Filing 1 COMPLAINT against all defendants (Filing fee $ 350.), filed by Federal Trade Commission.(Lang, Thomas) Modified on 4/12/2007 for security (bap)
April 12, 2007 Judge Judith C. Herrera and Alan C. Torgerson assigned. (nm)

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Search for this case: Federal Trade Commission v. Western Refining, Inc. et al
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Plaintiff: Federal Trade Commission
Represented By: Thomas J Lang
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Defendant: Western Refining, Inc.
Represented By: Andrew G. Schultz
Represented By: Henry M. Bohnhoff
Represented By: Lowry Barfield
Represented By: Marc Schildkraut
Represented By: Michael P.A. Cohen
Represented By: Patrick M Shay
Represented By: Thomas A. Outler
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Defendant: Paul L Foster
Represented By: Thomas A. Outler
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Defendant: Giant Industries, Inc.
Represented By: Andrew G. Schultz
Represented By: Henry M. Bohnhoff
Represented By: Hugh R. Whiting
Represented By: Kim H. Bullerdick
Represented By: Patrick M Shay
Represented By: Tom D Smith
Represented By: Thomas A. Outler
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