XO Energy LLC et al v. Zhao
Plaintiff: XO Energy LLC and XO Energy Worldwide, LLLP
Defendant: Zhao and Liang Benny Zhao
Case Number: 4:2015cv00599
Filed: March 6, 2015
Court: US District Court for the Southern District of Texas
Office: Houston Office
County: Anderson
Presiding Judge: Keith P Ellison
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
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Docket Report

This docket was last retrieved on May 3, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 3, 2016 Opinion or Order Filing 64 ORDER granting #63 Motion for Release of Bond Obligation.(Signed by Judge Keith P Ellison) Parties notified.(jdav, 4)
May 3, 2016 Filing 63 Agreed MOTION for Release of Bond Obligation by XO Energy LLC, filed. Motion Docket Date 5/24/2016. (Attachments: #1 Exhibit A)(Van Arsdel, Thomas)
April 8, 2016 Opinion or Order Filing 62 MEMORANDUM AND ORDER granting #59 MOTION for Damages against Bond Pursuant to Rules 65 & 65.1 (Signed by Judge Keith P Ellison) Parties notified.(sloewe, 4)
October 27, 2015 Filing 61 REPLY in Support of #59 MOTION for Damages against Bond Pursuant to Rules 65 & 65.1, filed by Liang Benny Zhao. (Attachments: #1 Exhibit)(Lang, Shannon)
October 19, 2015 Filing 60 RESPONSE to #59 MOTION for Damages against Bond Pursuant to Rules 65 & 65.1 , filed by XO Energy LLC, XO Energy Worldwide, LLLP. (Attachments: #1 Exhibit A)(Van Arsdel, Thomas)
October 16, 2015 Costs Taxed in the amount of $ 1,339.00 re: #58 Bill of Costs, filed. (dhansen, 4)
September 30, 2015 Filing 59 MOTION for Damages against Bond Pursuant to Rules 65 & 65.1 by Liang Benny Zhao, filed. Motion Docket Date 10/21/2015. (Attachments: #1 Affidavit, #2 Proposed Order)(Lang, Shannon)
September 30, 2015 Filing 58 BILL OF COSTS in total amount $1339.00 by Liang Benny Zhao, filed. (Attachments: #1 Exhibit)(Lang, Shannon)
September 21, 2015 Opinion or Order Filing 57 Order of USCA Per Curiam ; Judgment issued as mandate re: #10 Notice of Interlocutory Appeal ; USCA No. 15-20143. It is Ordered that the Appellant's unopposed motion to dismiss appeal without prejudice is granted, filed.(dahumada, 1)
September 16, 2015 Filing 56 FINAL JUDGMENT. Case terminated on 09/16/2015(Signed by Judge Keith P Ellison) Parties notified.(sloewe, 4)
September 14, 2015 Opinion or Order Filing 55 MEMORANDUM AND ORDER GRANTING #40 MOTION to Dismiss #18 Amended Complaint/Counterclaim/Crossclaim etc., (Signed by Judge Keith P Ellison) Parties notified.(sloewe, 4)
August 25, 2015 Filing 54 CD Request: Response re Certified Record on Appeal re: #52 Request for Record filed by Liang Benny Zhao, filed. (hler, 4) (hler, 4).
August 18, 2015 Supplement record submitted for creation ref: documents 30-53 re: #10 Notice of Interlocutory Appeal. (USCA No. 15-20143), filed.(hler, 4)
August 17, 2015 Opinion or Order Filing 53 Amended SCHEDULING ORDER granting #51 Unopposed MOTION for Continuance of and Entry of an Amended Scheduling/Docket Control Order. ETT: 5 days. Bench. ( Amended Pleadings due by 11/11/2015., Joinder of Parties due by 11/11/2015, Pltf Expert Report due by 12/4/2015., Deft Expert Report due by 1/4/2016., Discovery due by 2/4/2016., Dispositive Motion Filing due by 2/15/2016., Non-Dispositive Motion Filing due by 2/15/2016., Joint Pretrial Order due by 5/9/2016., Bench Trial set for 5/16/2016 at 09:00 AM in Courtroom 3A Houston before Judge Keith P Ellison)(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4)
August 17, 2015 Filing 52 REQUEST for Supplemental Record re: #10 Notice of Interlocutory Appeal by Liang Benny Zhao, filed.(Lang, Shannon) Modified on 8/18/2015 (jtabares, 1).
August 14, 2015 Filing 51 Unopposed MOTION for Continuance of and Entry of an Amended Scheduling/Docket Control Order by XO Energy LLC, XO Energy Worldwide, LLLP, filed. Motion Docket Date 9/4/2015. (Attachments: #1 Exhibit A)(Van Arsdel, Thomas)
July 30, 2015 Filing 50 SUPPLEMENT to #40 MOTION to Dismiss #18 Amended Complaint/Counterclaim/Crossclaim etc., by Liang Benny Zhao, filed. (Attachments: #1 Exhibit)(Lang, Shannon)
July 29, 2015 Filing 49 Notice of Filing of Official Transcript as to #48 Transcript. Party notified, filed. (dhansen, 4)
July 28, 2015 Filing 48 TRANSCRIPT re: Motion Hearing held on 7/8/2015 before Judge Keith P Ellison. Court Reporter/Transcriber K. Metzger. Ordering Party Angela Clark Release of Transcript Restriction set for 10/26/2015, filed. (kmetzger)
July 23, 2015 Filing 47 SUPPLEMENT to #41 Response to Motion,, by XO Energy LLC, XO Energy Worldwide, LLLP, filed. (Attachments: #1 Exhibit A - Part 1, #2 Exhibit A - Part 2, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F - Part 1, #8 Exhibit F - Part 2, #9 Exhibit G - Part 1, #10 Exhibit G - Part 2, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O, #19 Exhibit P, #20 Exhibit Q)(Allie, Zachary)
July 21, 2015 Filing 46 Notice of Filing of Official Transcript as to #45 Transcript. Party notified, filed. (hcarr, 4)
July 20, 2015 Filing 45 TRANSCRIPT re: Motion Hearing held on May 27, 2015, before Judge Keith P Ellison. Court Reporter/Transcriber Dye. Ordering Party Angela Clark Release of Transcript Restriction set for 10/19/2015., filed. (gdye, )
July 8, 2015 Minute Entry for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 7/8/2015. Parties have 15 days to submit additional supplemental briefing of very specific domicile affidavit including but limited to voting registration, applied and received mortgages, and driver's licenses. Submission Date 7/23/2015. Appearances:(Law Clerk: Renata Strause) Zachary Allie. Thomas C Van Arsdel, Shannon Ashley Lang.(Court Reporter: Kathy Metzger), filed.(sloewe, 4)
July 2, 2015 Opinion or Order Filing 44 CONFIDENTIALITY AND PROTECTIVE ORDER granting #43 MOTION For Entry of Agreed Confidentiality and Protective Order (Signed by Judge Keith P Ellison) Parties notified.(sloewe, 4)
June 29, 2015 Filing 43 MOTION For Entry of Agreed Confidentiality and Protective Order by XO Energy LLC, XO Energy Worldwide, LLLP, filed. Motion Docket Date 7/20/2015. (Attachments: #1 Exhibit A)(Van Arsdel, Thomas)
June 22, 2015 Filing 42 REPLY in Support of #40 MOTION to Dismiss #18 Amended Complaint/Counterclaim/Crossclaim etc., , filed by Liang Benny Zhao. (Attachments: #1 Exhibit)(Lang, Shannon)
June 15, 2015 Filing 41 RESPONSE to #40 MOTION to Dismiss #18 Amended Complaint/Counterclaim/Crossclaim etc., filed by XO Energy LLC, XO Energy Worldwide, LLLP. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S)(Van Arsdel, Thomas)
June 5, 2015 Filing 40 MOTION to Dismiss #18 Amended Complaint/Counterclaim/Crossclaim etc., by Liang Benny Zhao, filed. Motion Docket Date 6/26/2015. (Attachments: #1 Exhibit, #2 Proposed Order)(Lang, Shannon)
June 3, 2015 Filing 39 NOTICE of Resetting as to #24 MOTION to Quash Defendant's Subpoena Duces Tecum on McCann Investigations MOTION for Protective Order, #34 EMERGENCY MOTION MOTION to Modify as to #7 Preliminary Injunction, #38 Notice of Setting,. Parties notified. Motion Hearing set for 7/8/2015 at 04:00 PM in Courtroom 3A Houston before Judge Keith P Ellison, filed. (sloewe, 4)
June 2, 2015 Filing 38 NOTICE of Setting as to #24 MOTION to Quash Defendant's Subpoena Duces Tecum on McCann Investigations MOTION for Protective Order, #34 EMERGENCY MOTION MOTION to Modify as to #7 Preliminary Injunction. Parties notified. Motion Hearing set for 7/1/2015 at 01:30 PM in Courtroom 3A Houston before Judge Keith P Ellison, filed. (sloewe, 4)
May 27, 2015 Minute Entry for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 5/27/2015. Second Amended Complaint is acccepted as filed. Defendant has 10 days to file a Motion to Dismiss. Plaintiff has 10 days to file a response. Defendant has 5 days to file a reply if they so choose. Appearances:(Law Clerk: Renata Strause). Thomas C Van Arsdel, Charles Alfred Sturm, Shannon Ashley Lang.(Court Reporter: Gayle Dye), filed.(sloewe, 4)
May 20, 2015 Filing 37 NOTICE of Setting as to #21 MOTION for Leave to File Plfs' Second Amended Complaint, #24 MOTION to Quash Defendant's Subpoena Duces Tecum on McCann Investigations MOTION for Protective Order, #34 EMERGENCY MOTION MOTION to Modify as to #7 Preliminary Injunction. Parties notified. Motion Hearing set for 5/27/2015 at 04:30 PM in Courtroom 3A Houston before Judge Keith P Ellison, filed. (sloewe, 4)
May 13, 2015 Filing 36 RESPONSE in Opposition to #34 EMERGENCY MOTION MOTION to Modify as to #7 Preliminary Injunction, filed by Liang Benny Zhao. (Attachments: #1 Exhibit)(Lang, Shannon)
May 13, 2015 Filing 35 SUPPLEMENT to #30 Response in Opposition to Motion by Liang Benny Zhao, filed. (Attachments: #1 Exhibit)(Lang, Shannon)
May 12, 2015 Filing 34 EMERGENCY MOTION, MOTION to Modify as to #7 Preliminary Injunction ( Motion Docket Date 6/2/2015.) by XO Energy LLC, XO Energy Worldwide, LLLP, filed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit B-1, #4 Exhibit B-2, #5 Exhibit C, #6 Exhibit D, #7 Plaintiffs' Proposed Amended Preliminary Injunction Order)(Van Arsdel, Thomas)
May 8, 2015 Filing 33 Transmittal Letter on Appeal re: #10 Notice of Interlocutory Appeal. The electronic record on CD is being sent to counsel for appellant, Charles A. Sturm and Shannon A. Lang; and counsel for appellee, Thomas C. Van Arsdel via regular mail. (USCA No. 15-20143), filed. (jtabares, 1)
May 8, 2015 Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: #10 Notice of Interlocutory Appeal USCA No. 15-20143, filed.(jtabares, 1)
May 1, 2015 Filing 32 SURREPLY to #19 MOTION to Strike #18 Amended Complaint/Counterclaim/Crossclaim etc., , filed by Liang Benny Zhao. (Lang, Shannon)
May 1, 2015 Filing 31 SURREPLY to #19 MOTION to Strike #18 Amended Complaint/Counterclaim/Crossclaim etc., , filed by XO Energy LLC, XO Energy Worldwide, LLLP. (Attachments: #1 Exhibit A, #2 Exhibit B)(Van Arsdel, Thomas)
May 1, 2015 Filing 30 RESPONSE in Opposition to #24 MOTION to Quash Defendant's Subpoena Duces Tecum on McCann Investigations MOTION for Protective Order, filed by Liang Benny Zhao. (Attachments: #1 Exhibit)(Lang, Shannon)
April 29, 2015 Filing 29 RESPONSE in Opposition to #21 MOTION for Leave to File Plfs' Second Amended Complaint, filed by Liang Benny Zhao. (Attachments: #1 Exhibit)(Lang, Shannon)
April 29, 2015 Filing 28 REPLY in Support of #19 MOTION to Strike #18 Amended Complaint/Counterclaim/Crossclaim etc., , filed by Liang Benny Zhao. (Attachments: #1 Exhibit)(Lang, Shannon)
April 22, 2015 Opinion or Order Filing 27 ORDER for Expedited Response. All responses should be filed no later than NOON on May 1, 2015. (Signed by Judge Keith P Ellison) Parties notified. (wbostic, 4)
April 22, 2015 Filing 26 Notice of Filing of Official Transcript as to #25 Transcript - Appeal,. Party notified, filed. (mmapps, 4)
April 21, 2015 Filing 25 APPEAL TRANSCRIPT re Motion Hearing held on March 9, 2015 before Judge Keith P Ellison. Court Reporter J. Sanchez. Ordering Party: Charles Sturm. This transcript relates to the following: #10 Notice of Interlocutory Appeal. Release of Transcript Restriction set for 7/20/2015., filed. (jsanchez, )
April 17, 2015 Filing 24 MOTION to Quash Defendant's Subpoena Duces Tecum on McCann Investigations( Motion Docket Date 5/8/2015.), MOTION for Protective Order by XO Energy LLC, XO Energy Worldwide, LLLP, filed. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order)(Van Arsdel, Thomas)
April 16, 2015 Opinion or Order Filing 23 SCHEDULING/DOCKETING CONTROL ORDER. ETT: 5 days. Bench trial. Amended Pleadings due by 8/14/2015. Joinder of Parties due by 8/14/2015. Pltf Expert Witness List due by 9/1/2015. Deft Expert Witness List due by 10/1/2015. Discovery due by 10/30/2015. Dispositive Motion Filing due by 11/17/2015. Non-Dispositive Motion Filing due by 11/17/2015. Joint Pretrial Order due by 2/8/2016. Bench Trial set for 2/15/2016 at 09:00 AM in Courtroom 3A Houston before Judge Keith P Ellison.(Signed by Judge Keith P Ellison) Parties notified.(amwilliams, 4)
April 16, 2015 ***Deadlines terminated. Conference set for 4/24/2015 at 10:00 AM in Courtroom 3A Houston before Judge Keith P Ellison is CANCELLED. Parties have submitted their AGREED DCO. (sloewe, 4)
April 15, 2015 Filing 22 Scheduling/Docketing Control Order by XO Energy LLC, XO Energy Worldwide, LLLP, filed.(Van Arsdel, Thomas)
April 8, 2015 Filing 21 MOTION for Leave to File Plfs' Second Amended Complaint by XO Energy LLC, XO Energy Worldwide, LLLP, filed. Motion Docket Date 4/29/2015. (Attachments: #1 Proposed Order Granting Plfs' Motion for Leave to File Plfs' Second Amended Complaint)(Van Arsdel, Thomas)
April 8, 2015 Filing 20 RESPONSE to #19 MOTION to Strike #18 Amended Complaint/Counterclaim/Crossclaim etc., filed by XO Energy LLC, XO Energy Worldwide, LLLP. (Attachments: #1 Proposed Order Denying Defendant's Motion to Strike Plfs' Second Amended Complaint)(Van Arsdel, Thomas)
April 7, 2015 Filing 19 MOTION to Strike #18 Amended Complaint/Counterclaim/Crossclaim etc., by Liang Benny Zhao, filed. Motion Docket Date 4/28/2015. (Lang, Shannon)
April 6, 2015 Filing 18 Second AMENDED COMPLAINT against Liang Benny Zhao filed by XO Energy LLC, XO Energy Worldwide, LLLP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C-1, #4 Exhibit C-2, #5 Exhibit C-3, #6 Exhibit C-4, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H)(Van Arsdel, Thomas)
March 27, 2015 Filing 17 Notice Regarding Initial Conference(Signed by Judge Keith P Ellison) Parties notified.(sloewe, 4)
March 25, 2015 Filing 16 WAIVER OF SERVICE Returned Executed as to Liang Benny Zhao served on 3/12/2015, answer due 5/11/2015, filed.(Van Arsdel, Thomas)
March 23, 2015 Filing 15 CERTIFICATE OF INTERESTED PARTIES by XO Energy LLC, XO Energy Worldwide, LLLP, filed.(Van Arsdel, Thomas)
March 23, 2015 Filing 14 CERTIFICATE OF INTERESTED PARTIES by Liang Benny Zhao, filed.(Lang, Shannon)
March 18, 2015 Filing 13 MOTION to Dismiss #12 Amended Complaint/Counterclaim/Crossclaim etc., by Liang Benny Zhao, filed. Motion Docket Date 4/8/2015. (Attachments: #1 Exhibit, #2 Proposed Order)(Lang, Shannon)
March 17, 2015 Filing 12 First AMENDED COMPLAINT against Liang Benny Zhao filed by XO Energy LLC, XO Energy Worldwide, LLLP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C-1, #4 Exhibit C-2, #5 Exhibit C-3, #6 Exhibit C-4, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H)(Van Arsdel, Thomas)
March 17, 2015 Assignment of USCA No. 15-20143 re: #10 Notice of Interlocutory Appeal, filed.(bcampos, 1)
March 16, 2015 Filing 11 Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: #10 Notice of Interlocutory Appeal. Fee status: Paid. Reporter(s): Johnny Sanchez, filed. (Attachments: #1 Defendant's Notice of Appeal, #2 Preliminary Injunction Order, #3 Public Docket Sheet) (melopez, 1)
March 16, 2015 Appeal Review Notes re: #10 Notice of Interlocutory Appeal. Fee status: Paid. The appeal filing fee has been paid or an ifp motion has been granted.Hearings were held in the case. DKT13 transcript order form(s) due within 14 days of the filing of the notice of appeal. Number of DKT-13 Forms expected: 1, filed.(melopez, 1)
March 13, 2015 Filing 10 NOTICE OF INTERLOCUTORY APPEAL to US Court of Appeals for the Fifth Circuit re: #7 Preliminary Injunction by Liang Benny Zhao (Filing fee $ 505, receipt number 0541-14566122), filed.(Lang, Shannon)
March 13, 2015 Filing 9 MOTION to Dismiss by Liang Benny Zhao, filed. Motion Docket Date 4/3/2015. (Attachments: #1 Exhibit, #2 Proposed Order)(Lang, Shannon)
March 13, 2015 Filing 8 Plaintiffs' Preliminary Injunction Order Bond by XO Energy LLC, XO Energy Worldwide, LLLP, filed.(Van Arsdel, Thomas)
March 9, 2015 Opinion or Order Filing 7 PRELIMINARY INJUNCTION ORDER (Signed by Judge Keith P Ellison) Parties notified. (cfelchak, 4)
March 9, 2015 Filing 6 NOTICE of Appearance by Shannon A. Lang on behalf of Liang Benny Zhao, filed. (Sturm, Charles)
March 9, 2015 Filing 5 NOTICE of Appearance by Charles Sturm on behalf of Liang Benny Zhao, filed. (Sturm, Charles)
March 9, 2015 Filing 4 PROPOSED ORDER Granting Plaintiff's Applications for Writ of Attachment and Temporary Restraining Order (with bank instructions) re: #1 Complaint,, filed.(Van Arsdel, Thomas)
March 9, 2015 Minute Entry for proceedings held before Judge Keith P Ellison. MOTION HEARING held on 3/9/2015. The monetary asset amount in quesiton is FROZEN. Rulings made. Bond equal to the amount shall be posted by the Plaintiffs. A proposed order should be submitted by close of business today. Appearances:(Law Clerk: Renata Strause). Thomas C Van Arsdel, Charles Alfred Sturm, Shannon Ashley Lang.(Court Reporter: Sanchez), filed.(sloewe, 4)
March 6, 2015 Filing 3 NOTICE of Setting. Parties notified. Motion Hearing set for 3/9/2015 at 10:30 AM in Courtroom 3A Houston before Judge Keith P Ellison, filed. (sloewe, 4)
March 6, 2015 Opinion or Order Filing 2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 4/24/2015 at 10:00 AM in Courtroom 3A Houston before Judge Keith P Ellison(Signed by Judge Keith P Ellison) Parties notified.(ckrus, 4)
March 6, 2015 Filing 1 COMPLAINT against Liang Benny Zhao (Filing fee $ 400 receipt number 0541-14533646) filed by XO Energy LLC, XO Energy Worldwide, LLLP. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C-1, #4 Exhibit C-2, #5 Exhibit C-3, #6 Exhibit C-4, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Proposed Order Granting Applications for Writ of Attachment and Temporary Restraining Order, #13 Civil Cover Sheet)(Van Arsdel, Thomas)

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Defendant: Zhao
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Defendant: Liang Benny Zhao
Represented By: Shannon Ashley Lang
Represented By: Charles Alfred Sturm
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Plaintiff: XO Energy LLC
Represented By: Zachary Bradford Allie
Represented By: Thomas C Van Arsdel
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Plaintiff: XO Energy Worldwide, LLLP
Represented By: Zachary Bradford Allie
Represented By: Thomas C Van Arsdel
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