Henco Energy-Rick Hendrix Energy, LLC et al v. Power Rental Solutions, LLC et al
| Henco Energy-Rick Hendrix Energy, LLC and Richard Hendrix |
| Power Rental Solutions, LLC, ERS Rental Solutions, LLC, Distributed Power Solutions, LLC, Rich Flynn, Scott Milligan, Ken Johnson and Robert Safi |
| 4:2023cv03395 |
| September 11, 2023 |
| US District Court for the Southern District of Texas |
| Keith P Ellison |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 20, 2024. A more recent docket listing may be available from PACER.
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Filing 90
MEMORANDUM of Law in Support of Motion to Dismiss pursuant to Rule 12(b)(6) by Robert Safi, filed.(Sims, W. Scott)
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Filing 89
MOTION to Dismiss ( Motion Docket Date 11/17/2023.), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Robert Safi, filed. (Sims, W. Scott)
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Filing 88
Joint MOTION to Dismiss per Rule 12(b)(6) by Distributed Power Solutions, LLC, Rich Flynn, Ken Johnson, Scott Milligan, Power Rental Solutions, LLC, filed. Motion Docket Date 11/17/2023. (Attachments: #1 Memorandum In Support of Joint Rule 12(b)(6) Motion to Dismiss, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Proposed Order)(Collura, James)
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Filing 87
NOTICE of Appearance by Zachary Daniel Sarver on behalf of Distributed Power Solutions, LLC, Rich Flynn, Ken Johnson, Scott Milligan, Power Rental Solutions, LLC, filed. (Sarver, Zachary)
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Filing 86
CERTIFICATE OF INTERESTED PARTIES by Robert Safi, filed.(Sims, W. Scott)
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Filing 85
ORDER granting #82 Motion for W. Scott Sims to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Keith P Ellison) Parties notified.(JacquelineMata, 4)
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Filing 84
Corrected CERTIFICATE OF INTERESTED PARTIES by Henco Energy-Rick Hendrix Energy, LLC, Richard Hendrix, filed.(Diogu, Diogu)
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Filing 83
CERTIFICATE OF INTERESTED PARTIES by Henco Energy-Rick Hendrix Energy, LLC, Richard Hendrix, filed.(Diogu, Diogu)
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Filing 82
MOTION to Appear Pro Hac Vice for W. Scott Sims (Fee Paid: $100, receipt number ATXSDC-30575922) by Robert Safi, filed. Motion Docket Date 10/18/2023. (Ross, Jonathan)
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Filing 81
CERTIFICATE OF INTERESTED PARTIES by Distributed Power Solutions, LLC, Rich Flynn, Ken Johnson, Scott Milligan, Power Rental Solutions, LLC, filed.(Collura, James)
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Filing 80
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 12/8/2023 at 03:00 PM in Courtroom 3A before Judge Keith P Ellison( Judge Keith P Ellison) Parties notified.(BrendaLacy, 4)
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Filing 79
Case transferred in from Tennessee Middle. Case Number 3:22-cv-00603; certified copy of transfer order, certified docket sheet, and transfer letter received
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Filing 78
MEMORANDUM AND ORDER: Accordingly, for the reasons stated here, Defendants' Motions to Dismiss (Doc. Nos. #21 , #28 ) are GRANTED in part and DENIED in part. This case is TRANSFERRED to United States District Court for the Southern District of Texas. Signed by District Judge William L. Campbell, Jr on 09/08/23. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
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Filing 77
REPLY to Response to re #70 MOTION to Stay All Discovery Pending Ruling on Motions to Dismiss filed by Distributed Power Solutions, LLC, Rich Flynn, Ken Johnson, Scott Milligan, Power Rental Solutions, LLC, Robert Safi. (Kilpatrick, Ryan)
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Filing 76
RESPONSE in Opposition re #70 MOTION to Stay All Discovery Pending Ruling on Motions to Dismiss, #75 First MOTION for Extension of Time to File RESPONSE TO STAY DISCOVERY filed by Henco Energy-Rick Hendrix Energy, LLC, Richard Hendrix. (Diogu, Diogu)
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Filing 75
First MOTION for Extension of Time to File RESPONSE TO STAY DISCOVERY by Henco Energy-Rick Hendrix Energy, LLC, Richard Hendrix. (Attachments: #1 Attachment Proposed Order)(Diogu, Diogu)
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Filing 74
STATUS REPORT by Henco Energy-Rick Hendrix Energy, LLC, Richard Hendrix. (Diogu, Diogu)
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Filing 73
STATUS REPORT (Joint) by Robert Safi. (Fox, Grace)
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Filing 72
ORDER: To allow for a response by Plaintiffs to the #70 motion to stay, the case management conference presently scheduled for August 18, 2023, is CANCELLED to be reset following the Court's ruling on the motion to stay. Further, the deadlines for responses to any outstanding discovery are suspended pending Plaintiff's response to the motion to stay discovery and a ruling by the Court on that motion. Signed by Magistrate Judge Barbara D. Holmes on 08/15/23. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
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Filing 71
MEMORANDUM in Support of #70 MOTION to Stay All Discovery Pending Ruling on Motions to Dismiss filed by Robert Safi . (Fox, Grace)
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Filing 70
MOTION to Stay All Discovery Pending Ruling on Motions to Dismiss by Robert Safi. (Fox, Grace)
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Filing 69
ORDER: Defendants' motion to extend the deadline for initial disclosures (Docket No. #68 ) to be reset at the August 18, 2023 case management conference is DENIED except to the extent that, because of the timing of the motion, the Court will extend the time for initial disclosures under Rule 26(a)(1) to August 7, 2023. Signed by Magistrate Judge Barbara D. Holmes on 07/24/23. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
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Filing 68
Joint MOTION to Amend/Correct #65 Order on Motion for Miscellaneous Relief,, Modified Case Management Order by Robert Safi. (Fox, Grace)
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Filing 67
OBJECTIONS filed by Henco Energy-Rick Hendrix Energy, LLC, Richard Hendrix re #54 Order to Show Cause,,,, #46 Order,,, Terminate Hearings,, 49 Order on Motion to Continue,,, #52 Order on Motion for Miscellaneous Relief, #45 Order,,,, Set Hearings,,, #55 Order on Motion for Recusal,, #48 Motion for Miscellaneous Relief,, Motion for Recusal, #50 Order on Motion for Miscellaneous Relief,,,,, #33 Order to Show Cause,, #64 Order on Motion to Sever,, Order on Motion to Quash,, Order on Motion for Order to Show Cause, #60 Order on Motion to Withdraw as Attorney,, #47 Motion for Miscellaneous Relief, #53 Order,,,,. (Attachments: #1 Attachment Affidavit in support of Objection to Mag's order, #2 Attachment Proposed Order sustaining the Objection)(Diogu, Diogu)
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Filing 66
ORDER: Specifically, the time for the next case management conference is: August 18, 2023, at 10:00 a.m. (CDT) using the Court's conference line at 1-877-402-9753, access code 3808663#. Also, the deadline for filing of a joint status report in anticipation of the August 18 case management conference should be August 15, 2023, rather than August 22, 2023. All other provisions and requirements for preparation for the case management conference and of the joint status report (Docket No. #37 at para. J) remain unchanged. Signed by Magistrate Judge Barbara D. Holmes on 6/2/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af) Modified on 6/7/2023 (af).
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Filing 65
FIRST MODIFIED CASE MANAGEMENT ORDER: Defendants' joint motion to modify certain case management deadlines #61 is GRANTED. Case Management Conference will be held telephonically using the Court's conference line at 1-877-402-9753, access code 380863#, is reset for 8/1/2023 at 10:00 a.m. Amended Pleadings due by 9/22/2023. Discovery is due by 12/22/2023. Signed by Magistrate Judge Barbara D. Holmes on 6/1/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc) Modified on 6/2/2023 (kc).
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Filing 64
ORDER: Based on the foregoing, the Mr. Diogu's motion to sever claims (Docket No. #57 ) and his motion to quash order to show cause (Docket No. #58 ) are DENIED. Signed by Magistrate Judge Barbara D. Holmes on 5/31/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Reset Deadlines/Hearings per Order #65 : Amended Pleadings due by 9/22/2023. Discovery due by 12/22/2023. Case Management Conference by Telephone is reset for 8/18/2023 at 10:00 AM before Magistrate Judge Barbara D. Holmes. (kc)
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Filing 63
ORDER: Pending before the Court is Defendants' joint motion to modify certain case management deadlines, including the May 23 deadline for exchange of initial disclosures. (Docket No. #61 ) The motion recites that Plaintiffs' out-of-town counsel originally consented to the motion, but then subsequently stated that Plaintiffs opposed the motion. (Id. at 6.) Because the deadline under Local Rule 7.01(a)(3) for responses to Defendants' motion will not yet have expired before the May 23 deadline for exchange of initial disclosures, the Court suspends the deadline for initial disclosures, which will be reset upon consideration of any properly filed opposition by Plaintiffs. Defendants' joint motion (Docket No. #61 ) shall remain docketed as a pending motion, to be fully resolved by further order after expiration of the time for response under Local Rule 7.01(a)(3). Plaintiffs are again reminded of the requirement of Local Rule 83.01(d)(1) for local counsel (see also Order at Docket No. #60 ) and cautioned that any filings made without local counsel will be stricken pursuant to Local Rule 83.01(d)(4). It is SO ORDERED. Signed by Magistrate Judge Barbara D. Holmes on 5/17/2023. (af)
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Filing 62
MEMORANDUM in Support of #61 Joint MOTION to Amend re #37 Case Management Order, filed by Distributed Power Solutions, LLC, Rich Flynn, Ken Johnson, Scott Milligan, Power Rental Solutions, LLC . (Cate, George)
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Filing 61
Joint MOTION to Amend re #37 Case Management Order, by Distributed Power Solutions, LLC, Rich Flynn, Ken Johnson, Scott Milligan, Power Rental Solutions, LLC. (Cate, George)
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Filing 60
ORDER: Currently pending is attorney Peter C. Robison's Motion to Withdraw as Local Counsel for Plaintiffs (Docket No. #56 ). Mr. Robison's motion is well-taken and therefore GRANTED. Plaintiffs must, within 21 days of the date of this order, secure new local counsel pursuant to Local Rule 83.01(d)(1). Failure to do so may result in any further filings being stricken pursuant to Local Rule 83.01(d)(4) or other penalties. Attorney Peter C. Robison terminated. Signed by Magistrate Judge Barbara D. Holmes on 4/21/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 59
ORDER: Due to an unexpected health issue and the pendency of several motions before the Court, the show cause hearings set on April 26, 2023 at 11:00 a.m. (CDT) are POSTPONED. The Court will issue a separate order at a later date to reset the hearings. Signed by Magistrate Judge Barbara D. Holmes on 4/21/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 58
First MOTION to Quash Order to Show Cause and/or Continue the Hearing Scheduled for April 26th, 2023 #54 Order to Show Cause, #51 Letter, 49 Order on Motion to Continue, #52 Order, #45 Order, #55 Order, #57 First MOTION to Sever Claims related Application for admission, #50 Order, #33 Order to Show Cause, #53 Order, #39 Response to Order to Show Cause by Henco Energy-Rick Hendrix Energy, LLC, Richard Hendrix. (Attachments: #1 Exhibit Application for Admission, #2 Exhibit Motion for admission Pro Hac Vice, #3 Attachment Proposed Order To Quash)(Diogu, Diogu) Modified on 4/20/2023 (ln).
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Filing 57
First MOTION to Sever Claims related Application for admission by Henco Energy-Rick Hendrix Energy, LLC, Richard Hendrix. (Attachments: #1 Exhibit Application for Admission, #2 Exhibit Motion for admission Pro Hac Vice, #3 Attachment Proposed Order for Severance)(Diogu, Diogu)
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Filing 56
MOTION to Withdraw as Attorney by Henco Energy-Rick Hendrix Energy, LLC, Richard Hendrix. (Attachments: #1 Exhibit A - Notice of Intent to Withdraw sent March 23, 2023)(Robison, Peter)
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Filing 55
ORDER: Based on the foregoing, Mr. Diogu's request that the undersigned recuse herself in this matter, raised in the motions titled "Attorney Diogu Kalu Diogu's Emergency Motion for Continuance of the March 22nd, 2023 Hearing, Recusal, and Sealing of Document Number 33" (Docket Nos. #47 , #48 ) and also in his March 23 letter to the Court (Docket No. #51 ), are DENIED. Signed by Magistrate Judge Barbara D. Holmes on 3/29/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 54
ORDER TO SHOW CAUSE: Diogu Kalu Diogu, II must therefore appear for a show cause hearing on Wednesday, April 26, 2023, at 11:00 a.m. (CDT), in Courtroom 3D, Fred D. Thompson U.S. Courthouse, 719 Church Street, Nashville, Tennessee. Mr. Diogu must appear in person and must be prepared to show evidentiary support, including his testimony under oath, for the statements made in his two emergency motions in support of the requested continuance (Docket Nos. #47 and #48 ), specifically, that the statements on which the requested continuance was based were made in compliance with Fed. R. Civ. P. 11(b) and that the description of the requested relief as an emergency was made in compliance with Fed. R. Civ. P. 11(b). Local counsel for Plaintiffs must also appear for the show cause hearing. Requests to continue this hearing are unlikely to be granted. Any motion for a continuance must be filed by no later than April 19, 2023, at 1:00 p.m. (CDT). Signed by Magistrate Judge Barbara D. Holmes on 3/29/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 53
ORDER: On March 23, 2023, Mr. Diogu filed a letter directed to the undersigned Magistrate Judge (Docket No. #51 ), in which he requests various relief, including the undersigned's recusal, which is also raised in motions filed by Mr. Diogu (Docket Nos. #47 and #48 ) and therefore addressed by separate order. As to the other relief requested by Mr. Diogu, a letter to the Court is not an appropriate means of requesting relief. For these reasons, Mr. Diogu is presumed to understand the requirements for requesting relief from the Court and the Court therefore declines to take any action on the additional relief requested in Mr. Diogu's March 23 letter. Mr. Diogu is required to comply with the Court's orders, including the order of March 23, 2023, directing that he appear on April 26, 2023 as instructed. Mr. Diogu's failure to comply will result in sanctions, including any of those authorized by Fed. R. Civ. P. 16(f), applicable statutes and rules see e.g. Local Rule 83.01(c)(1) and the Court's inherent authority. Signed by Magistrate Judge Barbara D. Holmes on 3/29/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 52
ORDER: For all these reasons, Mr. Diogu's motions (Docket Nos. #47 and #48 ) are DENIED with respect to his request to place the Court's November 28 show cause order (Docket No. #33 ) under seal. Signed by Magistrate Judge Barbara D. Holmes on 3/24/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 51
Letter from Diogu Kalu Diogu II to Judge Holmes. (Diogu, Diogu)
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Filing 50
ORDER: For the reasons discussed below, the request that this matter be referred to a District Judge (Docket No. #47 ) is DENIED and the March 22 show cause hearing will be rescheduled, so to that limited extent, the motion for continuance is GRANTED. The show cause hearing for the Court to consider whether Mr. Diogu should remain a member of the bar of this Court is rescheduled for Wednesday, April 26, 2023, at 11:00 a.m. (CDT), in Courtroom 3D, Fred D. Thompson U.S. Courthouse, 719 Church Street, Nashville, Tennessee. Mr. Diogu must appear in person and must be prepared to offer evidence, including his testimony under oath, of the circumstances and status of each of the undisclosed matters described in the November 28 Order, as well any other disciplinary actions or other sanctions by any other courts, administrative bodies, or other tribunals against Mr. Diogu that were not disclosed on his application for admission to the bar of this Court. Local counsel for Plaintiffs must also appear for the rescheduled hearing. The other requested relief (and full resolution of Docket No. #48 ) is addressed by separate order(s). Signed by Magistrate Judge Barbara D. Holmes on 3/23/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Set/Reset Hearing: Show Cause Hearing is reset for 4/26/2023 at 11:00 AM in Courtroom 3D before Magistrate Judge Barbara D. Holmes. (ln)
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Filing 49
ORDER taking under advisement #47 motion to continue and for other relief. As stated on the record in open court on March 22, 2023, the motion to continue and for other relief will be addressed by separate order. Despite the untimeliness of the motion, the Court will reschedule the show cause proceeding for hearing sometime during April 24 through 27, 2023. Counsel will be contacted by the Courtroom Deputy to coordinate rescheduling of the hearing. Counsel must promptly respond. If counsel do not promptly respond or are unable to promptly confirm a rescheduled hearing date, the Court will select a date and issue an order rescheduling the hearing for which counsel will be expected to appear. SO ORDERED. Signed by Magistrate Judge Barbara D. Holmes on 03/22/2023. (BH)
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Filing 48
Emergency MOTION to Continue the March 22nd, 2023 Hearing, Recusal, and Sealing of Document Number 23 WITH CORRECTED CERTIFICATE OF SERVICE by Henco Energy-Rick Hendrix Energy, LLC, Richard Hendrix. (Attachments: #1 Exhibit Hearing on a criminal matter 3/22/2023, #2 Exhibit In person hearing on SMJ 3/22/2023, #3 Exhibit Harris County Hearing 3/24/2023, #4 Exhibit Resume Diogu Diogu, #5 Attachment Proposed order)(Diogu, Diogu) Modified on 3/23/2023 (ln).
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NOTICE TO FILER re DE#47 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a CONFORMED CERTIFICATE OF SERVICE for this document. (ln)
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Filing 47
Emergency MOTION to Continue the March 22nd, 2023 Hearing, Recusal, and Sealing of Document Number 23 by Henco Energy-Rick Hendrix Energy, LLC, Richard Hendrix. (Attachments: #1 Exhibit Hearing on a criminal matter 3/22/2023, #2 Exhibit Hearing on a criminal matter 3/24/2023, #3 Exhibit Resume, #4 Attachment Proposed Order)(Diogu, Diogu) Modified on 3/22/2023 (ln).
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Filing 46
ORDER: The undersigned Magistrate Judge will no longer be holding second case management conferences as a matter of course in civil actions. The parties may request that a case management conference be set by filing a joint motion for a case management conference, which must identify all issues to be discussed. The case management conference currently set on June 29, 2023, is CANCELLED. Signed by Magistrate Judge Barbara D. Holmes on 3/1/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 45
ORDER: The Court will hold an in-person hearing on March 22, 2023, at 11:00 a.m. (Central) in Courtroom 3D, Fred D. Thompson U.S. Courthouse, 719 Church Street, Nashville, Tennessee, for the Court to consider whether Mr. Diogu should remain a member of the bar of this Court. Mr. Diogu must appear and be prepared to offer evidence, including his testimony under oath, of the circumstances and status of each of the undisclosed matters described in the November 28 Order, as well as any other disciplinary actions or sanctions by any other courts, administrative bodies, or other tribunals against Mr. Diogu that were not disclosed on his application for admission to the bar of this Court. Signed by Magistrate Judge Barbara D. Holmes on 2/7/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 44
ORDER SETTING CASE FOR TRIAL: Jury Trial is set for 11/12/2024 at 9:00 AM in Courtroom 6D before District Judge William L. Campbell Jr. Pretrial Conference is set for 11/4/2024 at 10:00 AM in Courtroom 6D before District Judge William L. Campbell Jr. Proposed Pretrial Order due by 10/28/2024. Exhibit List due by 10/28/2024. Witness List due by 10/28/2024. Signed by District Judge William L. Campbell, Jr on 1/11/23. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 43
NOTICE by Henco Energy-Rick Hendrix Energy, LLC, Richard Hendrix re #39 Response to Order to Show Cause,,,, Conformed Certificate of Service (Robison, Peter)
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Filing 42
REPLY to Response to re #28 MOTION to Dismiss or, Alternatively, to Transfer Venue filed by Robert Safi. (Fox, Grace)
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NOTICE TO FILER re DE#39 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a CONFORMED CERTIFICATE OF SERVICE for this document. (It is not necessary to re-file the entire pleading.) (ln)
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Filing 41
REPLY to Response to re #21 Joint MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, Dismiss on other Procedural Grounds or Transfer Venue or MOTION to Dismiss for Failure to State a Claim filed by Distributed Power Solutions, LLC, Rich Flynn, Ken Johnson, Scott Milligan, Power Rental Solutions, LLC. (Kilpatrick, Ryan)
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Filing 40
RESPONSE in Opposition re #28 MOTION to Dismiss or, Alternatively, to Transfer Venue, #21 Joint MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, Dismiss on other Procedural Grounds or Transfer Venue or MOTION to Dismiss for Failure to State a Claim filed by Henco Energy-Rick Hendrix Energy, LLC, Richard Hendrix. (Diogu, Diogu)
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Filing 39
RESPONSE TO ORDER TO SHOW CAUSE #33 by Henco Energy-Rick Hendrix Energy, LLC, Richard Hendrix. (Attachments: #1 Exhibit Motion to Declare Case number 18-DCV-251076 Void, #2 Exhibit Email Communication with Attorny ntate in suort motion to declare case number 18-DCV-251076 Void, #3 Exhibit Warranty Deed Diogu as grantor showing the frivolity of the State Bar's action, #4 Exhibit Warranty Deed showing the frivolity of State Bar's Action, #5 Exhibit Settlement agreement of EIC/Rutherford Claim to show the frivolity of the State Bar's action, #6 Exhibit Order for turn-over relief showing the Frivolity of the State Bar's Action, #7 Exhibit Final Judgment by the First Court of Appeal enforcing the settlelemt agreement again shows the frivolity of the State bar's Action, #8 Exhibit EIC/Rutherford Counterclaim including the claim at issue, #9 Exhibit Counterclaim Dismissed with Prejudice, making Diogu the prevailing party another illustration of the frivolity of the State Bar's Action, #10 Attachment Proposed Order)(Diogu, Diogu)
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Filing 38
RESPONSE in Opposition re #21 Joint MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, Dismiss on other Procedural Grounds or Transfer Venue or MOTION to Dismiss for Failure to State a Claim filed by Henco Energy-Rick Hendrix Energy, LLC, Richard Hendrix. (Attachments: #1 Exhibit Judicial Estoppel Against The Defendants, #2 Exhibit Affidavit in Support of Rule 12(b)(2))(Diogu, Diogu)
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Filing 37
INITIAL CASE MANAGEMENT ORDER: Amended Pleadings due by 8/25/2023. Discovery due by 11/22/2023. Dispositive Motions due by 5/20/2024. Another Case Management Conference by Telephone is set for 6/29/2023 at 10:00 AM before Magistrate Judge Barbara D. Holmes. Signed by Magistrate Judge Barbara D. Holmes on 12/8/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 36
ORDER: Motion #34 for Additional Time to Respond to Motions to Dismiss GRANTED. Response to Motion #21 to Dismiss due 12/16/2022. Response to Motion #28 to Dismiss due 12/20/2022. Signed by District Judge William L. Campbell, Jr on 12/5/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Minute Entry for proceedings held before Magistrate Judge Barbara D. Holmes: Initial Case Management Conference by Telephone held on 11/30/2022; ORDER to enter. (Tape #not recorded.) (Hearing lasted :29)(jwc)
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Filing 35
RESPONSE to Motion re #34 Unopposed MOTION for Extension of Time to File Response/Reply as to #28 MOTION to Dismiss or, Alternatively, to Transfer Venue, #21 Joint MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, Dismiss on other Procedural G filed by Distributed Power Solutions, LLC, Rich Flynn, Ken Johnson, Scott Milligan, Power Rental Solutions, LLC. (Attachments: #1 Exhibit 11-28-22 email exchange with Plaintiffs' counsel)(Cate, George)
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Filing 34
Unopposed MOTION for Extension of Time to File Response/Reply as to #28 MOTION to Dismiss or, Alternatively, to Transfer Venue, #21 Joint MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, Dismiss on other Procedural Grounds or Transfer Venue or MOTION to Dismiss for Failure to State a Claim by Henco Energy-Rick Hendrix Energy, LLC, Richard Hendrix. (Robison, Peter)
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Filing 33
ORDER TO SHOW CAUSE: Accordingly, Mr. Diogu must, by no later than December 19, 2022, show cause why his admission to the bar of this Court should not be revoked and other appropriate action taken for non-disclosure of the matters described above. Additionally, Plaintiffs' local counsel, Peter Robison, must participate in the initial case management conference presently scheduled for November 30, 2022. Signed by Magistrate Judge Barbara D. Holmes on 11/28/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 32
Pursuant to Local Rule 16.01(h)(2), notice is hereby given to the District Judge and the parties of the filing of a dispositive motion. See #28 MOTION to Dismiss or, Alternatively, to Transfer Venue. It is SO ORDERED. Signed by Magistrate Judge Barbara D. Holmes on 11/28/2022. (ww)
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Filing 31
ORDER granting #26 : Having satisfied the requirements of Local Rule 83.01(b), the Motion for James A. Collura to Appear Pro Hac Vice is granted. Signed by Lynda Hill, Clerk of Court, on 11/28/2022. (lh)
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Filing 30
PROPOSED CASE MANAGEMENT ORDER Agreed filed by Robert Safi. (Fox, Grace)
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TX State Bar status verified as active for James A. Collura, Jr not admitted to this court - Local counsel secured. (ln)
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Filing 29
MEMORANDUM in Support of #28 MOTION to Dismiss or, Alternatively, to Transfer Venue filed by Robert Safi . (Sims, W.)
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Filing 28
MOTION to Dismiss or, Alternatively, to Transfer Venue by Robert Safi. (Attachments: #1 Exhibit A - Declaration of Robert Safi)(Sims, W.)
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Filing 27
CERTIFICATE OF GOOD STANDING of Attorney James A. Collura from the United States District Court for the Southern of Texas filed by Distributed Power Solutions, LLC, Rich Flynn, Ken Johnson, Scott Milligan, Power Rental Solutions, LLC. (Cate, George)
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Filing 26
MOTION for attorney James A. Collura to Appear Pro Hac Vice (paid $150 PHV fee; receipt number ATNMDC-3710922) by Distributed Power Solutions, LLC, Rich Flynn, Ken Johnson, Scott Milligan, Power Rental Solutions, LLC. (Cate, George)
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Filing 25
ORDER: Pursuant to Local Rule 16.01(h)(2), the District Judge is provided notice that on November 17, 2022, Defendants filed a joint motion to dismiss with supporting memorandum (Docket Nos. #22 , #23 ). Any responsive briefing shall be in accordance with Local Rule 7.01(a)(3) and (4). Unless otherwise ordered, the initial case management conference remains scheduled for 10:00 a.m., November 30, 2022, by conference call (Docket Entry Nos. #4 , #7 ), using the Court's conference line at 1-877-402-9753, access code 3808663#. Signed by Magistrate Judge Barbara D. Holmes on 11/17/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 24
BUSINESS ENTITY DISCLOSURE STATEMENT filed by Power Rental Solutions, LLC. (Cate, George)
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Filing 23
BUSINESS ENTITY DISCLOSURE STATEMENT filed by Distributed Power Solutions, LLC. (Cate, George)
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Filing 22
MEMORANDUM in Support of #21 Joint MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, Dismiss on other Procedural Grounds or Transfer Venue or MOTION to Dismiss for Failure to State a Claim filed by Distributed Power Solutions, LLC, Rich Flynn, Ken Johnson, Scott Milligan, Power Rental Solutions, LLC . (Cate, George)
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Filing 21
Joint MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, Dismiss on other Procedural Grounds or Transfer Venue or, MOTION to Dismiss for Failure to State a Claim by Distributed Power Solutions, LLC, Rich Flynn, Ken Johnson, Scott Milligan, Power Rental Solutions, LLC. (Attachments: #1 Exhibit 4-18-22 Final Judgment re Power Rental Solutions v. Henco, #2 Exhibit 9-18-19 ERS Agreement, #3 Exhibit Declarattion of Richard Flynn, #4 Exhibit Declaration of Scott Milligan, #5 Exhibit Declaration of Ken Johnson, #6 Exhibit Declaration of Scott Milligan on behalf of Power Rental Solutions and Distributed Power Solutions)(Cate, George)
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Filing 20
ORDER: Motion #17 for Leave to Exceed Page Limit GRANTED. Signed by District Judge William L. Campbell, Jr on 11/16/2022. (ln)
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TN State Bar status verified as active for George H. Cate, III, Ryan Neil Kilpatrick admitted to this court. (ln)
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TN State Bar status verified as active for W. Scott Sims, Grace A. Fox admitted to this court. (ln)
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Filing 19
NOTICE of Appearance by Grace A. Fox on behalf of Robert Safi (Fox, Grace)
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Filing 18
NOTICE of Appearance by W. Scott Sims on behalf of Robert Safi (Sims, W.)
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Filing 17
Unopposed MOTION for Leave to File Excess Pages by Distributed Power Solutions, LLC, Rich Flynn, Ken Johnson, Scott Milligan, Power Rental Solutions, LLC. (Cate, George)
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Filing 16
NOTICE of Appearance by Ryan Neil Kilpatrick on behalf of Distributed Power Solutions, LLC, Rich Flynn, Ken Johnson, Scott Milligan, Power Rental Solutions, LLC (Kilpatrick, Ryan)
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Filing 15
NOTICE of Appearance by George H. Cate, III on behalf of Distributed Power Solutions, LLC, Rich Flynn, Ken Johnson, Scott Milligan, Power Rental Solutions, LLC (Cate, George)
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NOTICE TO FILER re DE#14 : The form for the Business Entity Disclosure Statement was not used. Counsel shall re-file the document using the form on the Court's website under the Forms section. Counsel shall use the event Business Entity Disclosure Statement under Other Documents when filing this document. (ln)
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Filing 14
BUSINESS ENTITY DISCLOSURE STATEMENT filed by Henco Energy-Rick Hendrix Energy, LLC. (Diogu, Diogu)
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Filing 13
SUMMONS returned executed by Richard Hendrix, Henco Energy-Rick Hendrix Energy, LLC. All Defendants. (Attachments: #1 Attachment Summons returned Executed on Robert Safi on 10/31/2022, #2 Attachment Summons returned Executed on Scott Milligan on 10/27/2022, #3 Attachment Summons returned Executed on Power Rental Solution on 10/27/2022, #4 Attachment Summons returned Executed on Distributed Power Solution on 10/27/2022, #5 Attachment Summons returned Executed on Ken Johnson on 10/27/2022, #6 Attachment Summons returned Executed on Rich Flynn on 10/28/2022)(Diogu, Diogu) Modified service information on 11/10/2022 (ln).
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Filing 12
Additional Attachments to Main Document re: #11 Amended Complaint. (Attachments: #1 Exhibit 1 Ethos Energy formation shows it to be a Fortune 500 company, #2 Exhibit 2 Ethos no circumvention to Henco, #3 Exhibit 3 Ethos agrees not to circumvent Henco, #4 Exhibit 4 Henco accrued revenue with ETHOS over the years, #5 Exhibit 5 Ethos Admission of PRSs interference with its long-standing relationship with Henco, #6 Exhibit 6 Showing that Ethos succumbed to PRS pressure reverses a long-standing relationship with HENCO LLC insisting instead that HENCO LLC, now acts as a subordinate to PRS, #7 Exhibit 7 PRS blocking Henco from directly doing business with Ethos, #8 Exhibit 8 PRS Ambushes Henco from its established access to Ethos, #9 Exhibit 9 Further illustration of PRS Ambushes Henco from its established access to Ethos, #10 Exhibit 10 PRS Continued to ambush Henco, #11 Exhibit 11 PRS further damaged HENCOs reputation with ETHOS by informing Ethos that Henco is to be sued, #12 Exhibit 12 Showing that Ken Johnson bullied and extorted Henco for an unfair advantage with Ethos, #13 Exhibit 13 PRS bullying Henco with threats continued, #14 Exhibit 14 Henco ends talks with PRS over extortion, #15 Exhibit 15 Conclusive evidence for interference with the contract as Ethos PRS POs excluded Henco, #16 Exhibit 16 PRS took over and managed the Henco deals with Ethos, #17 Exhibit 17 PRS VP starting to manage Henco deals, #18 Exhibit 18 TRI stated that PRS received delivery of units, #19 Exhibit 19 PRS Third Amended Pleading, #20 Exhibit 20 Henco email proving no misrepresentation, #21 Exhibit 21 PRS moving the dates was the problem, #22 Exhibit 22 Declaration of PRS/Ken Johnson, #23 Exhibit 23 Ethos changed of attitude with Henco with the PRSs interference, #24 Exhibit 24 Ethos telling Henco to go to another company, #25 Exhibit 25 TRI legal issues cause PRS to pivot)(Diogu, Diogu) Modified on 10/27/2022 (ln).
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NOTICE TO FILER re DE#11 : Counsel failed to include the mandatory description of the attached exhibits. Counsel is directed to file a notice that lists each exhibit with a brief description. (ln)
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Filing 11
AMENDED COMPLAINT WITH JURY DEMANDED against All Defendants, filed by Richard Hendrix, Henco Energy-Rick Hendrix Energy, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25)(Diogu, Diogu) Modified on 10/27/2022 (ln).
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TN State Bar status verified as active for Peter C. Robison admitted to this court. (ln)
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Filing 10
NOTICE of Appearance by Peter C. Robison on behalf of All Plaintiffs (Robison, Peter)
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Filing 9
ORDER: Pending before the Court is Plaintiffs' motion requesting a waiver of the Court's requirement for association of local counsel #8 , which is DENIED. Plaintiffs must by no later than October 12, 2022, secure local co-counsel, who must file a notice of appearance by that date. Signed by Magistrate Judge Barbara D. Holmes on 9/30/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(kc)
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Filing 8
MOTION Requesting a Waiver of Local Rule 83.01(5) by Henco Engery-Rick Hendrix Energy, LLC, Richard Hendrix. (Attachments: #1 Attachment Proposed Order)(Diogu, Diogu) Modified on 9/29/2022 (ln).
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Filing 7
ORDER: By no later than September 28, 2022, Plaintiffs' counsel must retain local co-counsel in accordance with Local Rule 83.01(d)(1), who must file a notice of appearance by that date. Upon service of process, and by no later than November 8, 2022, Plaintiffs must file a return of service for each Defendant evidencing that every Defendant has been served with process. Given all these circumstances, the Court finds it appropriate to continue the September 19 initial case management conference. The initial case management conference is therefore RESCHEDULED for November 30, 2022, at 10:00 a.m. (CT) to be held telephonically using the Court's conference line at 1-877-4020-9753, access code 3808663#. Plaintiffs' counsel must serve a copy of this order on Defendants or otherwise ensure that they are aware of the rescheduled date and time of the initial case management conference. Signed by Magistrate Judge Barbara D. Holmes on 9/13/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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TX State Bar status verified as active for Diogu Kalu Diogu, II admitted to this court - local counsel required. (ln)
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Filing 6
Summons issued as to Distributed Power Solutions, LLC, Rich Flynn, Ken Johnson, Scott Milligan, Power Rental Solutions, LLC, Robert Safi. Service copies returned to counsel by regular mail. (ln)
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Filing 5
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). Lead counsel for the parties shall attend the initial case management conference. Signed by District Judge William L. Campbell, Jr on 8/12/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
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Filing 4
NOTICE of Initial Case Management Conference by Telephone set for 9/19/2022 at 2:30 PM before Magistrate Judge Barbara D. Holmes. (ln)
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Filing 3
NOTICE of Business Entity Disclosure Statement filing requirement. (ln)
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Filing 2
NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (ln)
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NOTICE TO COUNSEL Diogu Kalu Diogu, II: WITHIN 21 DAYS, counsel shall associate local counsel qualified to practice in the United States District Court for the Middle District of Tennessee. Local counsel shall electronically file a Notice of Appearance (LR 83.01(d)). Appearance by local counsel due by 9/1/2022. (ln)
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TX State Bar status verified as active for Diogu Kalu Diogu, II not admitted to this court - Local counsel required. ADMISSION APPLICATION PENDING. (ln)
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Filing 1
COMPLAINT against Distributed Power Solutions, LLC, Rich Flynn, Ken Johnson, Scott Milligan, Power Rental Solutions, LLC, Robert Safi (Filing fee $402, Receipt number 34675066757) filed by Richard Hendrix, Henco Engery-Rick Hendrix Energy, LLC. (Attachments: #1 Exhibit 1 - EthosEnergy Formation, #2 Exhibit 2 - ETHOS-saying no cicumvention-AD, #3 Exhibit 3 - ETHOS-saying no cicumvention needed-AD, #4 Exhibit 4 - Revenue, #5 Exhibit 5 - Ethos Telling Henco they Must Work thru PRS-AD, #6 Exhibit 6 - Ethos Telling Henco they Must Work thru PRS-2-AD, #7 Exhibit 7 - PRS blocking Henco, #8 Exhibit 8 - PRSKen Rich Ambush Henco to Ethos-AD, #9 Exhibit 9 - PRDS Ambush on Henco to Ethos-AD, #10 Exhibit 10 - PRS Ambush on Henco-AD, #11 Exhibit 11 - PRS Ambush on Henco to Ethos-AD, #12 Exhibit 12 - PRS Ambushes Henco to ETHOS-AD, #13 Exhibit 13 - PRS bullying HENCO-AD, #14 Exhibit 14 - PRS-Ken bullying-AD, #15 Exhibit 15 - PRS and Ethos Work Together, #16 Exhibit 16 - Fraudulant Mis. Management-AD, #17 Exhibit 17 - Fraudulent Mis. Management-AD, #18 Exhibit 18 - PRS PICKED up 9mil in equip didnt pay balance-AD, #19 Exhibit 19 - ThirdAmended93929495, #20 Exhibit 20 - Letter aftercallHenco and ERS, #21 Exhibit 21 - KenPRSchangingdelivery2, #22 Exhibit 22 - kenjohnson101001236 2, #23 Exhibit 23 - Ethos Change to Henco after PRS-3-AD (2), #24 Exhibit 24 - ETHOS-saying no cicumvention needed-AD (2), #25 Attachment 1 - Civil Cover Sheet, #26 Attachment 2 - Cover Letter, #27 Attachment 3 - Receipt for filing fee) (ln).
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