Jane Doe et al v. Drummond Company, Inc et al
Jane Doe, Peter Doe, Claudia Balcero Giraldo, Christian A Roca Balcero, Sebastian J Roca Balcero, Paulina Cecilia Gutierrez Mejia and Hugo Alberto Quintero Gutierrez |
Drummond Company, Inc, Drummond Ltd, Augusto Jimenez, Alfredo Araujo, James Atkins, James Adkins, Mike Tracy, Drummond Co., Inc. and Drummond Ltd. |
2:2009cv01041 |
May 27, 2009 |
US District Court for the Northern District of Alabama |
R David Proctor |
P.I.: Other |
28 U.S.C. § 1331 Fed. Question: Personal Injury |
Plaintiff |
Docket Report
This docket was last retrieved on August 7, 2018. A more recent docket listing may be available from PACER.
Document Text |
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Filing 518 NOTICE by Drummond Co., Inc., Drummond Ltd., Augusto Jimenez, Mike Tracy re #516 Order on Motion for Miscellaneous Relief, Defendants' Notice of Compliance with the Court's July 30, 2018 Order (Attachments: #1 Exhibit Defendants' Transmittal to the Colombian Central Authority)(Wells, H) |
Filing 517 Transcript of Proceedings held on 7/30/2018, before Judge R. David Proctor. Court Reporter/Transcriber Leah S. Turner. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 8/27/2018. Redacted Transcript Deadline set for 9/6/2018. Release of Transcript Restriction set for 11/4/2018. (KAM) |
Filing 516 ORDER granting #499 Defendants Emergency Motion Relating to Letters Rogatory Testimony; This case is CLOSED; All letters rogatory that have been issued in this case are HEREBY WITHDRAWN and SHALL NOT be acted upon by any Colombian authority in connection with this case. The parties are DIRECTED to provide a copy of this order to the appropriate Colombian authorities.. Signed by Judge R David Proctor on 7/30/2018. (KAM) |
Minute Entry for proceedings held before Judge R David Proctor: Status Conference held on 7/30/2018. A separate order will be entered by the court. (Court Reporter Leah Turner.) (KLL) |
Filing 515 TEXT ORDER-The status conference in this case, currently set for Tuesday, July 10, 2018, is HEREBY RESCHEDULED to Monday, July 30, 2018 at 10:00 a.m. in the courtroom of the undersigned. The parties SHALL be prepared to discuss the factual status and procedural posture of this case. Signed by Judge R David Proctor on 6/11/2018. (KAM) |
Filing 514 TEXT ORDER-The court has before it Drummond Company, Inc.'s Motion for Status Conference #510 filed on June 7, 2018 in Drummond Company, Inc v. Collingsworth et. al, 2:11-cv-3695-RDP-TMP. The Motion #510 is GRANTED. This case is SET for a status conference in the chambers of the undersigned on Tuesday, July 10, 2018 at 9:00 a.m. The parties SHALL be prepared to discuss the factual status and procedural posture of this case. Signed by Judge R David Proctor on 6/7/2018. (KAM) |
Filing 513 STATUS REPORT Parties' Joint Report Pursuant to the Court's March 28, 2018 Order by Drummond Co., Inc., Drummond Ltd., Augusto Jimenez, Mike Tracy. filed by Drummond Co., Inc., Drummond Ltd., Augusto Jimenez, Mike Tracy (Wells, H) |
Filing 512 Transcript of Proceedings held on 3/27/2018, before Judge R.David Proctor. Court Reporter/Transcriber Leah S. Turner, Telephone number 205-278-1780. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 4/20/2018. Redacted Transcript Deadline set for 4/30/2018. Release of Transcript Restriction set for 6/28/2018. (JLC) |
Filing 511 REPLY to Response to Motion re #499 Emergency MOTION Withdrawal of Letters Rogatory Defendants' Emergency Motion Relating to Letters Rogatory Testimony filed by Drummond Co., Inc., Drummond Ltd., Augusto Jimenez, Mike Tracy. (Attachments: #1 Exhibit 1)(Wells, H) |
Filing 510 ORDER On or before April 9, 2018, the parties SHALL meet and confer about, and on or before April 16, 2018, the parties SHALL file a joint report regarding the issues set forth in this order. Signed by Judge R David Proctor on 3/28/2018. (KAM) |
Minute Entry for proceedings held before Judge R David Proctor: Telephone Conference held on 3/27/2018. The parties shall meet and confer by April 9, 2018 and file a joint status report by April 16, 2018. A separate order will be entered by the court. (Court Reporter Leah Turner.) (KLL) |
Filing 509 TEXT ORDER The telephone motion hearing on Defendants' Emergency Motion Relating to Letters Rogatory Testimony #499 previously set at 2:00 p.m. CT on Tuesday, March 27, 2018, is hereby RE-SET at 3:00 p.m. CT the same day. The telephone number and access code will remain the same.Signed by Judge R David Proctor on 3/26/2018. (KAM) |
Filing 508 AFFIDAVIT in Opposition re #499 Emergency MOTION Withdrawal of Letters Rogatory Defendants' Emergency Motion Relating to Letters Rogatory Testimony Supplemental Declaration of Terrence Collingsworth filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Collingsworth, Terrence) |
Filing 507 RESPONSE of Conrad & Scherer, LLP in response to the Emergency Motion Relating to Letters Rogatory Testimony #499 ;. (KAM) |
Filing 506 AFFIDAVIT re 503 Order,,,, Set Hearings,,, Defendants' Verified Statement in Response to the Court's March 22, 2018 Order by Drummond Co., Inc., Drummond Ltd., Augusto Jimenez, Mike Tracy. filed by Drummond Co., Inc., Drummond Ltd., Augusto Jimenez, Mike Tracy (Wells, H) |
Filing 505 RESPONSE in Opposition re #499 Emergency MOTION Withdrawal of Letters Rogatory Defendants' Emergency Motion Relating to Letters Rogatory Testimony filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Affidavit of Terrence Collingsworth, #2 Exhibit A: Declaration of Oscar David Perez Bertel, alias Yuca, #3 Exhibit B: Declaration of Jose Aristides Peinado Martinez)(Collingsworth, Terrence) |
Filing 504 Transcript of Proceedings held on 3/18/2018, before Judge R. David Proctor. Court Reporter/Transcriber Leah S. Turner. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 4/12/2018. Redacted Transcript Deadline set for 4/22/2018. Release of Transcript Restriction set for 6/20/2018. (KAM, ) |
Filing 503 TEXT ORDER This case is before the court on Defendants' Supplemental Notice Regarding Their Emergency Motion Relating to Letters Rogatory Testimony. #502 On or before 12 noon CT on Monday, March 26, 2018, the parties SHALL submit verified statements to the court regarding when the deposition took place, all persons who were present, and whether those persons were aware of the courts order of March 19, 2018, that no discovery take place without permission of the court. This case is SET for a telephone motion hearing at 2:00 p.m. CT on Tuesday, March 27, 2018. The parties SHALL be prepared to discuss the status of all letters rogatory issued in this case and any related case. The parties are DIRECTED to call 866-434-5269 to access the telephone conference. The access code is 6022965.. Signed by Judge R David Proctor on 3/222/2018. (KAM) |
Filing 502 NOTICE by Drummond Co., Inc., Drummond Ltd., Augusto Jimenez, Mike Tracy re #499 Emergency MOTION Withdrawal of Letters Rogatory Defendants' Emergency Motion Relating to Letters Rogatory Testimony Defendants' Supplemental Notice Regarding Their Emergency Motion Relating to Letters Rogatory Testimony (Attachments: #1 Exhibit March 19, 2018 Hearing Transcript)(Wells, H) |
Filing 501 TEXT ORDER-The court held a telephone conference today for the purpose of hearing argument regarding Defendants' Emergency Motion Relating to Letters Rogatory Testimony #499 . In accordance with that conference, Plaintiffs are DIRECTED to file any opposition to the Emergency Motion #499 on or before March 23, 2018. Because Conrad & Scherer also has some interest in this issue, the law firm may file briefs related to the Emergency Motion #499 on or before March 23, 2018. Defendants may file a reply to the Emergency Motion #499 on or before March 28, 2018. All parties are REMINDED that no discovery is to be conducted in this closed case until the court has had an opportunity to rule on the Emergency Motion #499 . All parties are FURTHER REMINDED that no discovery is to be conducted in the connected cases styled 2:11-cv-3695-RDP-TMP and 2:15-cv-506-RDP, which have been stayed either formally or informally by this court. Signed by Judge R David Proctor on 3/19/2018. (KAM) |
Minute Entry for proceedings held before Judge R David Proctor: Telephone Conference held on 3/19/2018. (Court Reporter Leah Turner.) (KLL) |
Filing 500 TEXT ORDER This case is before the court on Defendants' Emergency Motion Relating to Letters Rogatory Testimony. #499 This case is SET for a telephone motion hearing at 11:30 a.m. Central Time on Monday, March 19, 2018. The parties are DIRECTED to call 866-434-5269 to access the telephone conference. The access code is 6022965. Signed by Judge R David Proctor on 3/16/2018. (KAM) |
Filing 499 Emergency MOTION Withdrawal of Letters Rogatory Defendants' Emergency Motion Relating to Letters Rogatory Testimony by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez, Mike Tracy. (Attachments: #1 Exhibit February 21, 2018 Collingsworth email, #2 Exhibit June 15, 2012 Leete Memorandum)(Wells, H) |
Filing 498 ORDER- re: Motion for Leave to Withdraw as Counsel for Plaintiff #494 . The motion is GRANTED IN PART AND DENIED IN PART. The court maintains jurisdiction over Christian Levesque for the purpose of determining what, if any, further obligation, she owes to the court. Christian Levesque is DIRECTED to: (1) keep the court apprised of current contact information at all times until further notice, and (2) maintain and preserve all documents and evidence in her control, electronic or otherwise, relating to this case, Defendants, Llanos Oil and any of its principals, Ivan Otero, Francisco Ramirez, Colombian paramilitaries, and/or any incarcerated Colombian witness until further notice. Signed by Judge R David Proctor on 5/25/2016. (AVC) |
Filing 497 NOTICE from USCA as to #479 Notice of Appeal. The petition for writ of certiorari is denied. (AVC) |
Filing 496 REPLY in Support of #494 Motion for Leave to Withdraw as Counsel for Plaintiffs filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Levesque, Christian) |
Filing 495 RESPONSE to #494 Motion to Withdraw filed by Drummond Co., Inc., Drummond Ltd., Augusto Jimenez, Mike Tracy. (Wells, H) |
Filing 494 MOTION to Withdraw as Attorney by Claudia Balcero Giraldo. (Levesque, Christian) |
Filing 493 TEXT ORDER - The court has before it the Motion for Leave to Withdraw as Counsel for Plaintiffs #492 filed by William R. Scherer, Eric J. Hager, and the law firm of Conrad & Scherer LLP on December 21, 2015. For good cause shown, the Motion #492 is GRANTED. William R. Scherer, Eric J. Hager, and the law firm of Conrad & Scherer are hereby WITHDRAWN from this case. Signed by Judge R David Proctor on 12/22/2015. (AVC) |
Filing 492 MOTION to Withdraw as Attorney Eric J. Hager, William R. Scherer, and the law firm of Conrad & Scherer, LLP by Claudia Balcero Giraldo, Jane Doe. (Hager, Eric) |
Filing 491 Notice of Appearance and Change of Contact Information by Claudia Balcero Giraldo, Jane Doe. (Collingsworth, Terrence) |
Filing 490 USCA JUDGMENT as to #479 Notice of Appeal; Before Wilson and Rosenbaum, Circuit Judges, and Schlesinger, District Judge affirming the decision of the District Court. Issued as Mandate on July 8, 2015 with opinion attached. (Attachments: #1 usca opinion)(AVC) |
Filing 489 TEXT ORDER - This matter is before the court on attorney Bryan H. Parr's Motion to Withdraw. #488 The Motion #488 is GRANTED. Attorney Parr is TERMINATED. Signed by Judge R David Proctor on 6/6/2014. (AVC) |
Filing 488 MOTION to Withdraw as Attorney Bryan H. Parr by Drummond Co., Inc., Drummond Ltd., Augusto Jimenez, Mike Tracy. (Presley, Benjamin) |
Filing 487 TRANSCRIPT REQUEST (No Hearing) by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez (Collingsworth, Terrence) |
Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Northern District of Alabama certifies that the record is complete for purposes of this appeal re: #479 Notice of Appeal, Appeal No. 13-15503. The entire record on appeal is available electronically. (AVC) |
Filing 486 TEXT ORDER - The court has before it the Motion to Withdraw #484 filed by Thomas E. Wilson on December 19, 2013. For good cause shown, the Motion #484 is GRANTED. Attorney Wilson is TERMINATED from his representation of James Adkins in this case. Signed by Judge R David Proctor on 12/30/2013. (AVC) |
Filing 485 USCA Case Number 13-15503 for #479 Notice of Appeal. (AVC) |
Filing 484 MOTION to Withdraw of Thomas Wilson by James Adkins. (Rogers, Bruce) |
Filing 483 TEXT ORDER - Before the court is a Motion to Withdraw #482 , filed on December 13, 2013 by Attorney Rachel B. Cochran. The Motion #482 is GRANTED. Attorney Cochran is TERMINATED. Signed by Judge R David Proctor on 12/17/2013. (AVC) |
Filing 482 MOTION to Withdraw as Attorney Rachel B. Cochran by Drummond Company, Inc. (Wells, H) |
Filing 481 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #479 Notice of Appeal. (AVC) |
Filing 480 NOTICE-Transmittal Letter re: Notice of Appeal #479 . (AVC) |
Filing 479 NOTICE OF APPEAL as to #30 Memorandum Opinion, #378 Order , #478 Order , #387 Order , #461 Memorandum Opinion, #455 Memorandum Opinion, #43 Memorandum Opinion, #459 Memorandum Opinion, #462 Order , #460 Order , #31 Order , #457 Memorandum Opinion, #477 Memorandum Opinion, #458 Order , #456 Order, #386 Memorandum Opinion , #44 Order , by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. Filing fee $505, Receipt# 1126-2063353 (ALND# B4601048612). (Collingsworth, Terrence) |
Filing 478 ORDER - In accordance with the Memorandum Opinion #477 , Motion #468 is due to be and hereby is DENIED. Signed by Judge R David Proctor on 11/5/2013. (AVC) |
Filing 477 MEMORANDUM OPINION -re: Motion to Vacate Judgment to Take Limited Discovery Regarding U.S. Conduct and to Allege Diversity Jurisdiction #468 . Signed by Judge R David Proctor on 11/5/2013. (AVC) |
Filing 476 REPLY Brief filed by Plaintiffs Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez re: #474 Response in Opposition to Motion, RULE 60 MOTION TO VACATE JUDGMENT filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Exhibit A, #2 Exhibit B)(Collingsworth, Terrence) |
Filing 475 REPLY in Support of Bill of Costs #467 filed by Defendants Drummond Co., Inc., Drummond Ltd., Augusto Jimenez, Mike Tracy . (Davis, William) Modified on 9/23/2013 (AVC). |
Filing 474 RESPONSE in Opposition re #468 Rule 16 Motion to Vacate Judgment to take Limited Discovery Regarding U.S. Conduct and to Allege Diversity Jurisdiction filed by Drummond Co., Inc., Drummond Ltd., Augusto Jimenez, Mike Tracy. (Davis, William) |
Filing 473 Opposition to re #467 Bill of Costs filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Affidavit of Christian Levesque, #2 Exhibit A)(Levesque, Christian) |
Filing 472 ORDER granting #471 Motion Joint Motion for Briefing Schedule for Plaintiff's Rule 60 Motion to Vacate Judgment. Dfts SHALL respond to the Motion by 9/11/2013. Pltfs SHALL file their reply in support of the Motion by 9/23/2013. Signed by Judge R David Proctor on 8/27/2013. (AVC) |
Filing 471 Joint MOTION Proposed Briefing Schedule for Plaintiffs' Rule 60 Motion to Vacate Judgment by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez, Mike Tracy. (Attachments: #1 Text of Proposed Order)(Davis, William) |
Filing 470 NOTICE by Drummond Co., Inc., Drummond Ltd., Augusto Jimenez, Mike Tracy of Filing (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Davis, William) |
Filing 469 TEXT ORDER -The court has before it Plaintiffs' Rule 16 [sic] Motion to Vacate Judgment to Take Limited Discovery Regarding U.S. Conduct and to Allege Diversity Jurisdiction (Doc. #468) filed on August 21, 2013. The parties are REMINDED that the Motion (Doc. #468) SHALL be briefed in accordance with this court's Exhibit B which was first entered in this case on July 21, 2009 (see Doc. #15). Signed by Judge R David Proctor on 8/23/2013. (AVC) |
Filing 468 Rule 16 Motion to Vacate Judgment to take Limited Discovery Regarding U.S. Conduct and to Allege Diversity Jurisdiction by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Affidavit of Terrence Collingsworth, #2 Exhibit 1, #3 Exhibit 2, #4 Text of Proposed Order)(Collingsworth, Terrence) Modified on 8/21/2013 (AVC). |
Filing 467 BILL OF COSTS by Augusto Jimenez, Drummond Co., Inc., Drummond Ltd., Mike Tracy. filed by Augusto Jimenez, Drummond Co., Inc., Drummond Ltd., Mike Tracy (Attachments: #1 Exhibit, #2 Exhibit)(Wells, H) |
Filing 466 TEXT ORDER granting #465 Motion for Extension of Time by dfts Drummond Company Inc, Drummond Ltd, Mike Tracy and Augusto Jimenez; Defendants seek a seven day extension of time within which to file a bill of costs. For good cause shown, the Motion is GRANTED. Defendants SHALL file their Bill of Costs by August 21, 2013. Signed by Judge R David Proctor on 8/19/2013. (KAM, ) |
Filing 465 MOTION for Extension of Time by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez, Mike Tracy. (Davis, William) |
Filing 464 ORDER modifying Memorandum Opinion #459 . Signed by Judge R David Proctor on 8/7/2013. (AVC) |
Filing 463 ORDER-The Clerk is DIRECTED to remove the seal from the documents set out in this order. Signed by Judge R David Proctor on 7/25/2013. (AVC) |
Filing 462 ORDER -In accordance with the Memorandum Opinion #461 , Pltfs' Motion for Reconsideration #432 is DENIED. The Motion for a Rule 54(b) Certication is MOOT. Signed by Judge R David Proctor on 7/25/2013. (AVC) |
Filing 461 MEMORANDUM OPINION-re: Motion for Reconsideration or, Alternatively, for a Rule 54(b) Certification #432 . Signed by Judge R David Proctor on 7/25/2013. (AVC) |
Filing 460 ORDER OF DISMISSAL-In accordance with the Memorandum Opinion #459 , Dft Augusto Jiminez's Motion for Summary Judgment #405 is GRANTED. Signed by Judge R David Proctor on 7/25/2013. (AVC) |
Filing 459 MEMORANDUM OPINION-re: Motion for Summary Judgment #405 . Signed by Judge R David Proctor on 7/25/2013. (AVC) |
Filing 458 ORDER OF DISMISSAL-In accordance with the Memorandum Opinion #457 , Dft Mike Tracy's Motion for Summary Judgment #404 is GRANTED as to all of pltfs' claims. It is ORDERED taht Mike Tracy is DISMISSED WITH PREJUDICE. This dismissal shall not affect any other right, claim or cause of action which Pltfs have, or may have, against any of the remaining Dfts. Signed by Judge R David Proctor on 7/25/2013. (AVC) |
Filing 457 MEMORANDUM OPINION-re: Motion for Summary Judgment #404 . Signed by Judge R David Proctor on 7/25/2013. (AVC) |
Filing 456 ORDER OF DISMISSAL-In accordance with the Memorandum Opinion #455 , the Motion for Summary Judgment #396 filed by Drummond Ltd. is GRANTED. The Motion for Summary Judgment for Drummond Company, Inc #400 is also GRANTED. These dfts are DISMISSED WITH PREJUDICE. This dismissal shall not affect any other right, claim, or cause of action which Pltfs have, or may have, against any of the remaining Dfts. Signed by Judge R David Proctor on 7/25/2013. (AVC) |
Filing 455 MEMORANDUM OPINION-re: Motions for Summary Judgment #396 & #400 . Signed by Judge R David Proctor on 7/25/2013. (AVC) |
Filing 454 RESPONSE to Plaintiffs' Statement Regarding a Stay #450 filed by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez, Mike Tracy. (Wells, H) Modified on 5/23/2013 (AVC). |
Filing 453 RESPONSE to Plaintiff's Brief Regarding Kiobel v. Royal Dutch Petroleum Co. #449 filed by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez, Mike Tracy. (Attachments: #1 Affidavit Declaration of H. Thomas Wells, III, #2 Exhibit A)(Wells, H) Modified on 5/23/2013 (AVC). |
Filing 452 RESPONSE to Defendants' Supplemental Briefing Regarding Kiobel v. Royal Dutch Petroleum Co. #448 filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Levesque, Christian) Modified on 5/23/2013 (AVC). |
Filing 451 TEXT ORDER: The court has before it the informal, unopposed motion of the parties for an extension of time within which to respond to opponent's briefs regarding the effect of Kiobel to the case currently before this court, #447 . For good cause shown, and because the parties are in agreement, the informal motion is GRANTED. To the extent either party wishes to respond to an opponent's brief, that response is now due on or before May 22, 2013. Signed by Judge R David Proctor on 05/09/13. (CVA) |
Filing 450 STATEMENT Concerning a Stay Pending the Eleventh Circuit's Resolution of the Interlocutory Appeal in re Chiquita Brands Int'l, Inc. Allen Torts Statute and Shareholder Derivative Litigation. (Levesque, Christian) Modified on 5/8/2013 (AVC). |
Filing 449 BRIEF Concerning the Impact of Kiobel v. Royal Dutch Petroleum Co. on this Case . (Levesque, Christian) Modified on 5/8/2013 (AVC). |
Filing 448 SUPPLEMENTAL BRIEFING Regarding the Kiobel v. Royal Dutch Petroleum Co. (Davis, William) Modified on 5/8/2013 (AVC). |
Filing 447 ORDER - The Supreme Court issued an opinion today in Kiobel v. Royal Dutch Petroleum Co., et al, holding that the presumption against extraterritoriality applies to claims under the Alien Tort Statute. On or before 5/8/13, the parties are DIRECTED to brief the effect of the Kiobel decision on the case currently before this court. To the extent either party wishes to respond to an opponent's brief, that response is due on or before 5/15/13. Signed by Judge R David Proctor on 4/17/13. (CTS, ) |
Filing 446 REPLY to Response to Motion re #439 MOTION to Compel DEPOSITION RESPONSES FROM GARRY N. DRUMMOND AND PRODUCTION OF DOCUMENTS (REDACTED) MOTION to Compel DEPOSITION RESPONSES FROM GARRY N. DRUMMOND AND PRODUCTION OF DOCUMENTS (REDACTED) MOTION to Compel DEPOSITION RESPONSES FROM GARRY N. DRUMMOND AND PRODUCTION OF DOCUMENTS (REDACTED) filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Levesque, Christian) |
Filing 445 RESPONSE in Opposition re #439 MOTION to Compel DEPOSITION RESPONSES FROM GARRY N. DRUMMOND AND PRODUCTION OF DOCUMENTS (REDACTED) MOTION to Compel DEPOSITION RESPONSES FROM GARRY N. DRUMMOND AND PRODUCTION OF DOCUMENTS (REDACTED) MOTION to Compel DEPOSITION RESPONSES FROM GARRY N. DRUMMOND AND PRODUCTION OF DOCUMENTS (REDACTED) filed by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez, Mike Tracy. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Davis, William) |
Filing 444 TEXT ORDER -The court has before it Defendants' informal, unopposed motion for extension of time within which to respond to Plaintiffs' Motion to Compel Deposition Responses from Garry N. Drummond and Production of Documents Related to Drummond's April 2011 Press Release (Doc. #439). For good cause shown, and because the informal motion is unopposed, it is GRANTED. Defendants SHALL file any opposition brief and evidence in support thereof by March 21, 2013. Plaintiffs SHALL thereafter file any necessary reply brief by March 28, 2013. Signed by Judge R David Proctor on 3/11/2013. (AVC) |
Filing 442 NOTICE by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez re 441 Order on Motion to Seal,,, of Filing Motion to Compel and Exhibit 1 Under Seal (Levesque, Christian) |
Filing 441 TEXT ORDER- The court has before it Plaintiffs' Motion for Leave to File their Motion to Compel Deposition Responses from Garry N. Drummond and Production of Documents Related to Drummond's April 2011 Press Release and Exhibit 1 Under Seal (Doc. #440) filed on March 7, 2013. For good cause shown and in accordance with the Stipulated Protective Order (Doc. #89) entered in this case on October 8, 2010, the Motion (Doc. #440) is GRANTED. Plaintiffs SHALL file the requested documents under seal by close of business today. The parties are reminded that the briefing of Plaintiffs' Motion to Compel (Doc. #439) shall follow the schedule outlined in Exhibit B, which was entered by the court in this case on July 21, 2009 (see Doc. #15). Signed by Judge R David Proctor on 3/8/2013. (AVC) |
Filing 440 MOTION to Seal PLAINTIFFS' MOTION TO COMPEL DEPOSITION RESPONSES AND PRODUCTION OF DOCUMENTS AND EXHIBIT 1 by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Text of Proposed Order)(Levesque, Christian) |
Filing 439 MOTION to Compel DEPOSITION RESPONSES FROM GARRY N. DRUMMOND AND PRODUCTION OF DOCUMENTS (REDACTED) by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Affidavit of Christian Levesque, #2 Exhibit 1 (filed under seal), #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Text of Proposed Order)(Levesque, Christian) |
Filing 438 REPLY in Support of Motion for Reconsideration, or, Alternatively, for a Rule 54(B) Certification #432 filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Collingsworth, Terrence) Modified on 1/29/2013 (AVC). |
Filing 437 TEXT ORDER-The court has before it the Motion to Withdraw (Doc. #436) filed by Sara E. Kropf, one of the counsel of record for Defendants Drummond Company, Inc., Drummond Ltd., Mike Tracy, and Augusto Jiminez. For good cause shown, and because the named Defendants continue to be represented by counsel with the law firms of Starnes Davis Florie LLP and Baker Botts LLP, the Motion (Doc. #436) is GRANTED. Signed by Judge R David Proctor on 1/25/2013. (AVC) |
Filing 436 MOTION to Withdraw as Attorney by Sara Kropf by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez, Mike Tracy. (Wells, H) |
Filing 435 RESPONSE in Opposition re #432 MOTION for Reconsideration, or, Alternatively, for a Rule 54(B) Certification MOTION for Reconsideration, or, Alternatively, for a Rule 54(B) Certification filed by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez, Mike Tracy. (Cochran, Rachel) |
Filing 434 RESPONSE in Opposition re #432 MOTION for Reconsideration, or, Alternatively, for a Rule 54(B) Certification MOTION for Reconsideration, or, Alternatively, for a Rule 54(B) Certification filed by James Adkins. (Rogers, Bruce) |
Filing 433 TEXT ORDER -This matter is before the court on an informal, agreed-upon motion for an extension of time for briefing on Plaintiffs' Motion for Reconsideration, or, Alternatively, for a Rule 54(B) Certification (Doc. # 432). The informal motion is GRANTED. Defendants' responses to Plaintiffs' Motion shall be filed on or before January 17, 2013. Plaintiffs' reply shall be filed on or before January 29, 2013. Signed by Judge R David Proctor on 1/2/2013. (AVC) |
Filing 432 MOTION for Reconsideration, or, Alternatively, for a Rule 54(B) Certification by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Text of Proposed Order)(Levesque, Christian) Modified on 12/28/2012 (AVC). |
Filing 431 TEXT ORDER - The court has before it the informal unopposed motion of Augusto Jiminez for an additional four (4) pages within which to file his reply in further support of his motion for summary judgment (Doc. #405). For good cause shown, and because the informal motion is unopposed, it is GRANTED. Defendant Augusto Jiminez may file a fourteen (14) page reply brief. Signed by Judge R David Proctor on 11/30/12. (SFR, ) |
Filing 430 REPLY in Support of Motion for Summary Judgment #405 filed by Augusto Jimenez. (Davis, William) Modified on 11/30/2012 (AVC). |
Filing 429 REPLY in Support of Motion for Summary Judgment #404 filed by Mike Tracy. (Attachments: #1 Exhibit 6, #2 Exhibit 7, #3 Exhibit 8, #4 Exhibit 9)(Davis, William) Modified on 11/30/2012 (AVC). |
Filing 428 REPLY Brief in Support of Motion for Summary Judgment #400 filed by Drummond Company, Inc. (Davis, William) Modified on 11/30/2012 (AVC). |
Filing 427 TEXT ORDER - The court has before it Defendant Mike Tracy's Emergency Motion for Leave to File a Reply in Support of his Motion for Summary Judgment in Excess of the Page Limitations in the Court's Initial Order (Doc. #425) filed on November 26, 2012 and Plaintiffs' Opposition to Defendant Mike Tracy's Emergency Motion for Leave to File a Reply in Support of his Motion for Summary Judgment in Excess of the Page Limitations in the Court's Initial Order (Doc. #426) filed later the same day. The Motion (Doc. #425) seeks an additional five (5) pages within which to respond to a theory of liability not addressed in the initial brief in support of summary judgment but brought to light in Plaintiffs' opposition to Tracy's motion for summary judgment. The failure to address the theory of command responsibility was reportedly due to Tracy's belief that the theory was not pled in the Third Amended Complaint. Because the undersigned does not operate as a "gotcha" Judge, and for good cause shown, the Motion to File Excess Pages (Doc. #425) is GRANTED. Any request from Plaintiffs to file a surreply brief will be considered at a later time if necessary. Signed by Judge R David Proctor on 11/27/12. (SFR, ) |
Filing 426 RESPONSE in Opposition re #425 Emergency MOTION for Leave to File Excess Pages filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Affidavit of Christian Levesque, #2 Exhibit 1)(Levesque, Christian) |
Filing 425 Emergency MOTION for Leave to File Excess Pages by Mike Tracy. (Davis, William) |
Filing 424 REPLY Brief filed by Defendant Drummond Ltd re: #396 MOTION for Summary Judgment filed by Drummond Ltd. (Attachments: #1 Exhibit Z, #2 Exhibit AA, #3 Exhibit BB)(Davis, William) |
Filing 423 TEXT ORDER -The court has before it the informal unopposed motion of Defendant Drummond, Ltd. for an additional five (5) pages within which to file its reply in further support of its motion for summary judgment (Doc. #396). For good cause shown, and because the informal motion is unopposed, it is GRANTED. Defendant Drummond, Ltd. may file a twenty-five (25) page reply brief. Signed by Judge R David Proctor on 11/19/2012. (AVC) |
Filing 421 TEXT ORDER - The court has before it Plaintiffs' Motion for Leave to File their Opposition to Defendant Augusto Jiminez' Motion for Summary Judgment and Confidential Exhibit under Seal (Doc. #418) filed on November 9, 2012. For good cause shown, the Motion (Doc. #418) is GRANTED. Plaintiffs SHALL file their opposition to Augusto Jiminez' motion for summary judgment and their Exhibit 3 under seal with the Clerk of Court. Signed by Judge R David Proctor on 11/15/12. (SFR, ) |
Filing 418 MOTION for Leave to File Plaintiffs' Unredacted Opposition to Defendant Augusto Jimenez' Motion for Summary Judgment and Confidential Exhibit Under Seal by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Text of Proposed Order)(Collingsworth, Terrence) |
Filing 417 RESPONSE in Opposition re #405 MOTION for Summary Judgment filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Affidavit Declaration of Terrence Collingsworth and Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9)(Collingsworth, Terrence) |
Filing 416 TEXT ORDER-The court has before it Plaintiffs' Motion for Leave to File their Opposition to Defendant Mike Tracy's Motion for Summary Judgment and Confidential Exhibits 2, 3, 6, 8, 9, 10, 19, 20, and 36 under Seal (Doc. #415) filed on November 7, 2012. For good cause shown, the Motion (Doc. #415) is GRANTED. Plaintiffs SHALL file their opposition to Defendant Mike Tracy's motion for summary judgment, and their Exhibits numbered 2, 3, 6, 8, 9, 10, 19, 20, and 36, under seal with the Clerk of Court. Signed by Judge R David Proctor on 11/8/2012. (AVC) |
Filing 415 MOTION for Leave to File Plaintiffs' Unredacted Opposition to Defendant Mike Tracy's Motion for Summary Judgment and Confidential Exhibits Under Seal by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Text of Proposed Order)(Collingsworth, Terrence) |
Filing 414 RESPONSE in Opposition re #404 MOTION for Summary Judgment filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Affidavit Declaration of Terrence Collingsworth and Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36)(Collingsworth, Terrence) |
Filing 413 TEXT ORDER- The court has before it Plaintiffs' Motion for Leave to File Their Opposition to Drummond Company Inc.'s Motion for Summary Judgment and Confidential Exhibits under Seal (Doc. #412) filed on November 5, 2012. For good cause shown, the Motion (Doc. #412) is GRANTED. Plaintiffs SHALL file their Opposition and Exhibits numbered 2, 4, 5, 7, 11, 12, 18, 19, 25, 29, 32, 35, 53, 57, 58, 60, 61 and 62 under seal with the Clerk of Court. Signed by Judge R David Proctor on 11/6/2012. (AVC) |
Filing 412 MOTION for Leave to File Plaintiffs' Opposition to Drummond Company, Inc.'s Motion for Summary Judgment and Confidential Exhibits Under Seal by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Text of Proposed Order)(Levesque, Christian) |
Filing 411 RESPONSE in Opposition re #400 MOTION for Summary Judgment filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Affidavit Declaration of Christian Levesque and Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40, #42 Exhibit 41, #43 Exhibit 42, #44 Exhibit 43, #45 Exhibit 44, #46 Exhibit 45, #47 Exhibit 46, #48 Exhibit 47, #49 Exhibit 48, #50 Exhibit 49, #51 Exhibit 50, #52 Exhibit 51, #53 Exhibit 52, #54 Exhibit 53, #55 Exhibit 54, #56 Exhibit 55, #57 Exhibit 56, #58 Exhibit 57, #59 Exhibit 58, #60 Exhibit 59, #61 Exhibit 60, #62 Exhibit 61, #63 Exhibit 62)(Levesque, Christian) |
Filing 409 TEXT ORDER - The court has before it Plaintiffs Motion for Leave to File their Opposition to Drummond Limited's Motion for Summary Judgment and Confidential Exhibits under Seal (Doc. #408) filed on November 1, 2012. For good cause shown, the Motion (Doc. #408) is GRANTED. Plaintiffs SHALL file their Exhibits numbered 5, 7, 8, 9, 10, 12, 13, 16, 17, 19, 21, 22, 28, and 33 under seal with the Clerk of Court. Signed by Judge R David Proctor on 11/02/12. (SFR, ) |
Filing 408 MOTION for Leave to File Plaintiffs' Unredacted Opposition to Drummond Ltd.'s Motion for Summary Judgment and Confidential Exhibits 5, 7-10, 12, 13, 16, 17, 19, 21, 22, 28, and 33 Under Seal by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Text of Proposed Order)(Collingsworth, Terrence) |
Filing 407 RESPONSE in Opposition re #396 MOTION for Summary Judgment filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Affidavit Declaration of Terrence Collingsworth, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40, #42 Exhibit 41, #43 Exhibit 42, #44 Exhibit 43, #45 Exhibit 44, #46 Exhibit 45, #47 Exhibit 46, #48 Exhibit 47, #49 Exhibit 48, #50 Exhibit 49, #51 Exhibit 50, #52 Exhibit 51, #53 Exhibit 52, #54 Exhibit 53, #55 Exhibit 54, #56 Exhibit 55, #57 Exhibit 56, #58 Exhibit 57)(Collingsworth, Terrence) |
Filing 406 TEXT ORDER -The court has before it the informal, unopposed request of Plaintiffs for an additional 15 pages to respond to the Motion for Summary Judgment (Doc. #400) filed by Drummond Company, Inc. on September 19, 2012. For good cause shown, the informal request is GRANTED. Plaintiffs shall respond to the Motion for Summary Judgment (Doc. #400) with no more than a total of 45 pages. Any reply brief filed by Drummond Company, Inc. is also granted a page extension and shall not exceed 20 total pages. Signed by Judge R David Proctor on 10/24/2012. (AVC) |
Filing 405 MOTION for Summary Judgment by Augusto Jimenez. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Davis, William) |
Filing 404 MOTION for Summary Judgment by Mike Tracy. (Attachments: #1 Affidavit Declaration of H. Thomas Wells, III, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Davis, William) |
Filing 403 NOTICE by Drummond Company, Inc of Filings Exhibits 2 and 4 Under Seal (Presley, Benjamin) (Additional attachment(s) added on 9/20/2012: (Sealed Exhibits 2&4 to Motion for Summary Judgment #400 ) #1 Exhibit 2, #2 Exhibit 4) Modified on 9/20/2012 (AVC). |
Filing 402 TEXT ORDER- The court has before it Drummond Company Inc.'s Motion for Leave to File Exhibits under Seal (Doc. #401) filed on September 19, 2012. For good cause shown, the Motion (Doc. #401) is GRANTED. Defendant Drummond Company, Inc. SHALL file Exhibits 2 and 4 under seal by close of business today. Signed by Judge R David Proctor on 9/20/2012. (AVC) |
Filing 401 MOTION for Leave to File Exhibits 2 & 4 Under Seal by Drummond Company, Inc. (Attachments: #1 Exhibit 1)(Davis, William) |
Filing 400 MOTION for Summary Judgment by Drummond Company, Inc. (Attachments: #1 Affidavit Declaration of H. Thomas Wells, III, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Davis, William) |
Filing 399 NOTICE by Drummond Ltd Notice of Filing Exhibits B, C, D, E, K, O, S and V Under Seal (Presley, Benjamin) (Additional attachment(s) [Sealed Exhibits added on 9/18/2012]: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit K, #6 Exhibit O, #7 Exhibit S, #8 Exhibit V) (AVC, ). Modified on 9/18/2012 (AVC). |
Filing 398 TEXT ORDER- The court has before it Drummond Ltd.'s Motion for Leave to File Exhibits Under Seal (Doc. #397) filed on September 17, 2012. For good cause shown, the Motion (Doc. #397) is GRANTED. Defendant Drummond Ltd. SHALL file Exhibits B, C, D, E, K, O, S, and V under seal by close of business today. Signed by Judge R David Proctor on 9/18/2012. (AVC) |
Filing 397 MOTION for Leave to File Exhibits Under Seal by Drummond Ltd. (Attachments: #1 Exhibit 1)(Davis, William) |
Filing 396 MOTION for Summary Judgment by Drummond Ltd. (Attachments: #1 Affidavit Declaration of Sara Kropf, #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, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y)(Davis, William) |
Filing 395 ORDER-The court has before it the Joint Motion for Briefing Schedule and Page Limits for Dfts' Motion for Summary Judgment #394 . The motion is GRANTED. Summary Judgment briefing SHALL proceed as further set out in this order. Signed by Judge R David Proctor on 8/21/2012. (AVC) |
Filing 394 MOTION for Extension of Time to File Response/Reply, MOTION for Leave to File Excess Pages by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Text of Proposed Order)(Collingsworth, Terrence) |
Filing 393 Transcript of Proceedings held on 6/28/2012, before Judge R. David Proctor. Court Reporter/Transcriber Anita McCorvey, Telephone number 205-278-2063. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court forms/transcripts/Transcript Redaction Policy.pdf) See Transcript Redaction Policy Redaction Request due 8/8/2012. Redacted Transcript Deadline set for 8/20/2012. Release of Transcript Restriction set for 10/16/2012. (AVC) |
Filing 392 ORDER -In accordance with informal conversations held with counsel for the parties, the Order #391 , is MODIFIED as follows: Discovery is EXTENDED, FOR THE SOLE PURPOSE OF DEPOSING ADKINS, for the time period of forty-five (45) days. The deadline for filing dispositive motions on questions common to all pltfs is commensurately EXTENED by forty-five (45) days. Pltfs' informal motion for the court to certify its Memorandum Opinion #386 and Order of Dismissal #387 for immediate appeal will be held in abeyance until the deposition of Adkins has been completed. Within fifteen calendar days thereafter, pltfs may file a renewed motion for Rule 54(b) certification. Signed by Judge R David Proctor on 7/6/2012. (AVC) |
Filing 391 ORDER-The court held an in-chambers conference. By agreement of the parties and opinion of the court, Dft James L. Adkins' Motion to Stay Discovery as to Adkings' Pending Resolution of his Renewed Motion to Dismiss and for a Protective Order #384 is MOOT. Pltfs Expedited Motion Seeking Leave to Depose Mr. Adkins as a Third Party Outside the Discovery Period #388 is GRANTED. Discovery is EXTENDED, FOR THE SOLE PURPOSE OF DEPOSING ADKINS, for the time period of: (1) 30 days should Adkins agree to accept service of a subpoena duces tecum through his attorneys; OR (2) 90 days should Adkins decline to accept service of a subpoena duces tecum through his attorneys. The deadline for filing dispositive motions on questions common to all pltfsis commensurately EXTENDED by 30 OR 90 days. Pltfs informal motion for the court to certify its Memorandum Opinion #386 and Order of Dismissal #387 for immediate appeal under Federal Rule of Civil Procedure 54(b) is subject to the schedule further set out in this order. Signed by Judge R David Proctor on 6/28/2012. (AVC) |
Filing 390 RESPONSE in Opposition re #388 Emergency MOTION to Take Deposition from James Adkins as a Third-Party Outside of the Discovery Period filed by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez, Mike Tracy. (Attachments: #1 Exhibit A)(Wells, H) |
Minute Entry for proceedings held before Judge R David Proctor: Motion Hearing held on 6/28/2012 re #388 Emergency MOTION to Take Deposition from James Adkins as a Third-Party Outside of the Discovery Period filed by Peter Doe, Claudia Balcero Giraldo, Jane Doe, Hugo Alberto Quintero Gutierrez, Paulina Cecilia Gutierrez Mejia, Sebastian J Roca Balcero, Christian A Roca Balcero, #384 MOTION to Stay Discovery filed by James Adkins. By separate order and as further indicated on the record, the court will GRANT plaintiffs' motion to take deposition outside discovery period and find as MOOT motion to stay discovery. (Court Reporter Anita McCorvey.) (KLL) |
Filing 389 TEXT ORDER - This matter is SET for an in chambers conference at 11:00 a.m. on Thursday, June 28, 2012. The parties SHALL be prepared to discuss the Motions (Docs. #384, 388) currently pending before the court. A court reporter will be present. Signed by Judge R David Proctor on 06/27/12. (SFR, ) |
Filing 388 Emergency MOTION to Take Deposition from James Adkins as a Third-Party Outside of the Discovery Period by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Affidavit of Christian Levesque, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Text of Proposed Order)(Collingsworth, Terrence) |
Filing 387 ORDER OF DISMISSAL-In accordance with the Memorandum Opinion #386 , Dft James L. Adkins' Renewed Motion to Dismiss #303 is GRANTED. It is ORDERED that the action against Dft Adkins is DISMISSED WITHOUT PREJUDICE. This dismissal shall not affect any other right, claim or cause of action which Pltfs have,or may have, against any of the remaining Dfts. Signed by Judge R David Proctor on 6/20/2012. (AVC) |
Filing 386 MEMORANDUM OPINION-The court has before it the Renewed Motion to Dismiss #303 . Having considered the briefs and evidentiary submissions, the court finds that Dft Adkins' Motion is due to be granted. Dft Adkins filed a Motion to Strike the Declaration of Jaime Blanco Maya #311 on the ground that the declaration failed to substantially comply with the requirements of 28 U.S.C. 1746, which statute permits the submission of unsworn declarations in place of sworn affidavits or testimony. In their Opposition (Doc. #313), Plaintiffs produced an amended Blanco Declaration which includes the required core language from 1746. Therefore, the Motion to Strike (Doc. #311) is MOOT. Signed by Judge R David Proctor on 6/20/2012. (AVC) |
Filing 385 Brief in Support of #384 . (Attachments: #1 Ex A - Email, #2 Ex B - Interrogatories, #3 Ex C - Requests for Production, #4 Ex D - Requests for Admissions)(Rogers, Bruce) Modified on 6/15/2012 (AVC). |
Filing 384 MOTION to Stay Certain Discovery as to Adkins Pending Resolution of His Renewed Motion to Dismiss and for a Protective Order by James Adkins. (Rogers, Bruce) Modified on 6/15/2012 (AVC). |
Filing 383 ORDER-In accordance with the Memorandum Opinion #382 , the court hereby ORDERS: Dfts' Motion #370 as it relates to the original declaration of Jairo Jesus Charris Castro, is GRANTED, Pltfs are DIRECTED to produce to Dfts the original handwritten declaration of Castro. Dfts' Motion is DENIED as to Castro docs 2 &4. Dfts' Motion is GRANTED as to Docs 3,6, & 7, the remaining drafts that were penned by Castro himself without any contemporaneous comments from Pltf counsel. As Dft's Motion relates to the first declaration that was pennded by Gelvez himself w/o any contemporaneous comments from Pltfs' counsel, the motion is GRANTED. The motion is as it relates to Gelvez docs 2,3,4,5,6,7 and 9 are DENIED. The motion as it relates to doc 8, is GRANTED IN PART and DENIED IN PART. Pltfs SHALL produce to defense counsel the portion of doc 8 handwritten by Galvez but not the actual draft declaration. Dfts' motion as to the five (5) docs relative to Libardo Duarte, docs 1,3, and 4 are DENIED. Because doc 2 contains notes handwritten in Spanish by Duarte in seeming response to a draft of his declaration that he reviewed in February 2011, Dfts Motion as it relates to 2 Duarte doc 2 is GRANTED. Signed by Judge R David Proctor on 6/15/2012. (AVC) |
Filing 382 MEMORANDUM OPINION. Signed by Judge R David Proctor on 6/15/2012. (AVC) |
Filing 381 TEXT ORDER - The court has before it the unopposed informal motion of counsel for Plaintiffs for an extension of time within which to deliver documents to the court pursuant to the order (Doc. #379) of May 17, 2012. For good cause shown, the informal motion is GRANTED. Plaintiffs SHALL deliver to the court all documents for in camera review, as set out by the order (Doc. #379), by June 5, 2012. Signed by Judge R David Proctor on 05/31/12. (SFR, ) |
Filing 380 MEMORANDUM OPINION AND ORDER-The court has before it Drummond Dfts' Second Motion for Releif under Paragraphs 6 and 7 of the Stipulated Protective Order #355 . Dfts' motion #355 is GRANTED. Pltfs are DIRECTED to remove the confidential designation from the declarations of Witness A and Witness B. Signed by Judge R David Proctor on 5/17/2012. (AVC) |
Filing 379 ORDER-The court has before it Dfts Drummond Company, Inc. and Drummond Ltd.'s Motion to Compel Communications from Third Party Witnesses #370 . Pltfs are DIRECTED to provide the court by 5/29/2012 all handwritten documents from paramilitaries, as well as any and all related questionnaires and "drafts", including the English translations where applicable. After careful in camera review, the court will be equipped to make a finding as to the motion. Signed by Judge R David Proctor on 5/16/2012. (AVC) |
Filing 378 MEMORANDUM OPINION AND ORDER- The court has before it Pltfs' Opposed Motion for Leave to File Fourth Amended Complaint #340 . The motion is DENIED. Signed by Judge R David Proctor on 5/16/2012. (AVC) |
Filing 377 REPLY in Support of Motion to Compel Communications from Third Party Witnesses #370 filed by Drummond Company, Inc, Drummond Ltd. (Davis, William) Modified on 5/15/2012 (AVC). |
Filing 376 OPPOSITION to Defendants' Motion to Compel Communications from Third-Party Witnesses #370 filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Affidavit of Christian Levesque, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Affidavit of Lorraine Leete)(Collingsworth, Terrence) Modified on 5/10/2012 (AVC). |
Filing 374 TEXT ORDER - The court has before it Defendants' Motion for Leave to File Exhibit J Under Seal (Doc. #373) filed on May 7, 2012. For good cause shown, the Motion (Doc. #373) is GRANTED. Exhibit J to Defendants' Reply to Plaintiff's Opposition to Second Motion for Relief under Paragraphs 6 and 7 of the Stipulated Protective Order (Doc. #372) may be filed under seal with the Clerk of Court pursuant to the Stipulated Protective Order. Signed by Judge R David Proctor on 05/08/12. (SFR, ) |
Filing 373 MOTION for Leave to File Exhibit J Under Seal by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez, Mike Tracy. (Attachments: #1 Text of Proposed Order)(Davis, William) |
Filing 372 REPLY in Support of Their Second Motion for Relief Under Paragraphs 6 and 7 of the Stipulated Protective Order #355 filed by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez, Mike Tracy. (Davis, William) Modified on 5/8/2012 (AVC). |
Filing 371 OPPOSITION to Defendants' Second Motion for Relief Under Paragraphs 6 and 7 of the Stipulated Protective Order #355 filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Collingsworth, Terrence) Modified on 5/8/2012 (AVC). |
Filing 370 MOTION to Compel COMMUNICATIONS FROM THIRD-PARTY WITNESSES by Drummond Company, Inc, Drummond Ltd. (Attachments: #1 Affidavit Declaration of Rachel Cochran, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Davis, William) |
Filing 368 TEXT ORDER - The court has before it Defendants' Motion for Leave to File Exhibits Under Seal (Doc. #356) filed on April 26, 2012. For good cause shown, the Motion (Doc. #356) is GRANTED. Exhibits A through I to Defendant's Second Motion for Relief Under Paragraphs 6 and 7 of the Stipulated Protective Order (Doc. #355) may be filed under seal with the Clerk of Court pursuant to the Stipulated Protective Order. Signed by Judge R David Proctor on 04/27/12. (SFR, ) |
Filing 367 REQUEST FOR JUDICIAL ASSISTANCE-LETTER ROGATORY (Robles)-delivered to plaintiffs. (AVC) |
Filing 366 REQUEST FOR JUDICIAL ASSISTANCE-LETTER ROGATORY (Flores)-delivered to plaintiffs. (AVC) |
Filing 365 REQUEST FOR JUDICIAL ASSISTANCE-LETTER ROGATORY (Bertel)-delivered to plaintiffs. (AVC) |
Filing 364 REQUEST FOR JUDICIAL ASSISTANCE-LETTER ROGATORY (Sarmiento)-delivered to plaintiffs. (AVC) |
Filing 363 REQUEST FOR JUDICIAL ASSISTANCE-LETTER ROGATORY (Martinez)-delivered to plaintiffs. (AVC) |
Filing 362 REQUEST FOR JUDICIAL ASSISTANCE-LETTER ROGATORY (Sanchez) -delivered to plaintiffs. (AVC) |
Filing 361 REQUEST FOR JUDICIAL ASSISTANCE-LETTER ROGATORY (Quinonez)- delivered to plaintiffs. (AVC) |
Filing 360 REQUEST FOR JUDICIAL ASSISTANCE-LETTER ROGATORY (Cantillo)-delivered to plaintiff. (AVC) |
Filing 359 REQUEST FOR JUDICIAL ASSISTANCE-LETTER ROGATORY (Trujillo)-delivered to plaintiff.(AVC) |
Filing 358 ORDER -Having granted Pltfs' Motion for Issuance of Additional Letters Rogatory to Take Testimony #337 , it is ORDERED that the court shall sign the letters rogatory and the Clerk of Court shall stamp Exhibits 1-9 with this court's official seal; and it is FURTHER ORDERED that the Clerk shall return the letters rogatory to counsel for Pltfs. Signed by Judge R David Proctor on 4/26/2012. (AVC) |
Filing 357 MEMORANDUM OPINION AND ORDER-The court has before it Pltfs' Opposed Motion for Issuance of Additional Letters Rogatory to Take Testimony #337 . Pltfs' Motion is GRANTED IN PART. However, the parties are cautioned that, absent either the agreement of the parties or showing of extraordinary good cause, the court will not extend the discovery deadline in this case in the event that testimony from these nine late-issued letter rogatory is not completed by 6/29/2012. Signed by Judge R David Proctor on 4/26/2012. (AVC) |
Filing 356 MOTION for Leave to File Exhibits Under Seal by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez, Mike Tracy. (Attachments: #1 Exhibit 1)(Davis, William) Modified on 4/26/2012 (AVC). |
Filing 355 MOTION Second Motion for Relief Under Paragraphs 6 and 7 of the Stipulated Protective Order by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez, Mike Tracy. (Davis, William) |
Filing 354 Plaintiffs' SUPPLEMENT to their Motion for Issuance of Additional Letters Rogatory to Take Testimony #337 filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Exhibit 10)(Levesque, Christian) Modified on 4/20/2012 (AVC). |
Filing 353 SUPPLEMENTAL AUTHORTIY in Support of Motion for Leave to File Fourth Amended Complaint #340 by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez (Attachments: #1 Exhibit)(Collingsworth, Terrence) Modified on 4/19/2012 (AVC). |
Filing 352 MEMORANDUM OPINION AND ORDER -With regard to the pltfs who have been deposed to date, the testimony regarding introductory remarks made by the atty is due to be unsealed because pltfs have not established the applicability of atty cliient privilege. The clerk is DIRECTED to unseal the deposition testimony filed 3/7/2012 327 . Signed by Judge R David Proctor on 4/17/2012. (AVC) |
Filing 351 REPLY to Response to Motion re #340 MOTION to Amend/Correct Opposed Motion for Leave to File Fourth Amended Complaint to Defendant Adkins filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Collingsworth, Terrence) |
Filing 350 REPLY to Response to Motion re #340 MOTION to Amend/Correct Opposed Motion for Leave to File Fourth Amended Complaint to Defendants' Drummond Company, Inc., Drummond Ltd., Augusto Jimenez, and Mike Tracy filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Collingsworth, Terrence) |
Filing 349 REPLY in Support of their Motion for Issuance of Additional Letters Rogatory to Take Testimony #337 filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Affidavit of Christian Levesque, #2 Exhibit A)(Levesque, Christian) Modified on 4/16/2012 (AVC). |
Filing 348 RESPONSE in Opposition re #340 MOTION to Amend/Correct Opposed Motion for Leave to File Fourth Amended Complaint filed by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez, Mike Tracy. (Attachments: #1 Exhibit A)(Davis, William) |
Filing 347 RESPONSE in Opposition re #340 MOTION to Amend/Correct Opposed Motion for Leave to File Fourth Amended Complaint filed by James Adkins. (Clark, John) |
Filing 346 PLAINTIFFS' AND DEFENDANTS' SUPPLEMENTAL JOINT REPORT by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Collingsworth, Terrence) Modified on 4/9/2012 (AVC). |
Filing 344 Transcript of Proceedings held on 1/11/2012, before Judge R. David Proctor. Court Reporter/Transcriber Anita McCorvey, Telephone number 205-278-2063. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court forms/transcripts/Transcript Redaction Policy.pdf) See Transcript Redaction Policy Redaction Request due 4/27/2012. Redacted Transcript Deadline set for 5/7/2012. Release of Transcript Restriction set for 7/5/2012. (AVC) |
Filing 343 TEXT ORDER - The court has before it Defendants' Motion for Leave to File Exhibits Under Seal (Doc. #342) filed on April 4, 2012. For good cause shown, the Motion (Doc. #342) is GRANTED. Defendants SHALL file the declarations of former paramilitaries Javier Ernesto Ochoa Quinonez and Hernando de Jesus Fontalvo Sanchez, currently marked as confidential, under seal within two (2) working days of the date of this order. Signed by Judge R David Proctor on 04/05/12. (SFR, ) |
Filing 342 MOTION for Leave to File Exhibits Under Seal by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez, Mike Tracy. (Davis, William) |
Filing 341 OPPOSITION to Plaintiffs' Motion for Issuance of Additional Letters Rogatory #337 filed by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez, Mike Tracy. (Davis, William) Modified on 4/4/2012 (AVC). |
Filing 340 Opposed MOTION for Leave to File Fourth Amended Complaint by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Collingsworth, Terrence) Modified on 4/3/2012 (AVC). |
Filing 339 Transcript of Proceedings held on 3/8/2012, before Judge R. David Proctor. Court Reporter/Transcriber Anita McCorvey, Telephone number 205-278-2063. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court forms/transcripts/Transcript Redaction Policy.pdf) See Transcript Redaction Policy Redaction Request due 4/24/2012. Redacted Transcript Deadline set for 5/4/2012. Release of Transcript Restriction set for 7/2/2012. (AVC) |
Filing 338 TEXT ORDER - The court has before it Defendants' informal unopposed motion for an extension of time for responses and replies to be filed to Plaintiffs' Opposed Motion for Issuance of Additional Letters Rogatory to take Testimony (Doc. # 337). For good cause shown, and because the informal motion is unopposed, it is GRANTED. Defendants' responsive briefing is due on or before Wednesday, April 4, 2012. Plaintiffs' reply briefing is due on or before Wednesday, April 11, 2012. Signed by Judge R David Proctor on 03/28/12. (SFR, ) |
Filing 337 MOTION for Issuance of Letters Rogatory by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Affidavit of Christian Levesque in support thereof, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Text of Proposed Order)(Levesque, Christian) |
Filing 336 ANSWER to #233 Amended Complaint, by Mike Tracy.(Davis, William) |
Filing 335 REPLY Brief Submitted Pursuant to the Court's January 27,2012 and February 9,2012 Orders filed by Defendants Drummond Company, Inc, Drummond Ltd, Augusto Jimenez, Mike Tracy re: #314 Brief, filed by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez, Mike Tracy. (Attachments: #1 Exhibit A, #2 Exhibit B)(Davis, William) Modified on 3/14/2012 (AVC). |
Filing 334 RESPONSE to re #323 PLAINTIFFS RESPONSE TO DEFENDANTS SUPPLEMENT TO DEFENDANTS PART C OF JOINT REPORT filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Levesque, Christian) |
Filing 333 ORDER-The court held a telephone hearing with the parties on this date for the purpose of considering dfts' Motion to Stay Proceedings Pending United States Supreme Court's Disposition of Kiobel v. Royal Dutch Peroleum and Request for Expedited Consideration of this Motion #326 and Dfts' Emergency Motion for Protective Order #328 . Both motions are DENIED for the reasons stated by the court during the course of the hearing. The parties are DIRECTED to file a supplement to the joint report #322 by 4/6/2012. Signed by Judge R David Proctor on 3/8/2012. (AVC) |
Minute Entry for proceedings held before Judge R David Proctor: Telephone Conference held on 3/8/2012. The court will enter a separate order denying the Emergency Motion for Protective Order and the Motion to Stay Proceedings. The parties shall file a Supplemental Joint Report by 4/6/2012. (Court Reporter Anita McCorvey.) (KLL) |
Filing 332 MEMORANDUM OPINION AND ORDER-The court has before it dfts' Motion to Compel Interrogatory Responses #245 and Pltfs' Motion to Compel Production of Responsive Documents and Response to Interrogatory and Memorandum of Authorities #246 . The motions are GRANTED IN PART, DENIED IN PART. Motion #245 , as it relates to the responses to Interrogatories 1 and 3, is DENIED WITHOUT PREJUDICE. Dfts' motion #245 , as it deals with the identity of the confidential informant, is GRANTED IN PART. Pltfs are DIRECTED to provide dfts with the name of the informant by 3/30/2012, or otherwise withdraw the allegation to that informant by the same date. Motion #245 , as it relates to the information on payments or offers of payments; drafts and communications regarding the April 2011 press release and the identities of the drafters and reviewers; documents related to any other press releases, is GRANTED IN PART and DENIED IN PART, without prejudice. Dfts are DIRECTED to provide pltfs with copies of any other press releases they may have placed referencing this lititgation only. Thereafter, counsel for pltfs are DIRECTED to review any additional press releases and determine if discovery would be relevant to the claims made in this case. Drummond is DIRECTED to provide pltf with the evidence of "good works" they were in fact referencing in the Arpil 2011 press release. As such the motion #246 on the issue is GRANTED IN PART and DENIED IN PART. Motion #246 as to flight plans is MOOT. The motion to compel #246 as it relates to registrations; passenger manifests for the relevant time period of 1996 to 2006;the travel documents of Araujo and Adkins, is GRANTED. Motion #246 at it relates to documents related to Fabio Echeverri; to full access of the log books; post 2006 security documents, is DENIED WITHOUT PREJUDICE. Pltfs are DIRECTED to provide dfts with a complete list of names of confirmed or suspected AUC members for dfts' search within the log books. Motion #246 as it relates to the request for certain additional documents contained in certain personnel files, is GRANTED. Signed by Judge R David Proctor on 3/8/2012. (AVC) |
Filing 331 OPPOSITION to Drummond's Motion to Delay the Long-Scheduled March 12,2012 Letters Rogatory Hearing for Samario filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Affidavit of Terrence Collingsworth in support thereof, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Collingsworth, Terrence) Modified on 3/8/2012 (AVC). |
Filing 330 RESPONSE to Defendants' Motion to Stay Proceedings Pending United States Supreme Court's Disposition of Kiobel v. Royal Dutch Petroleum #326 filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Affidavit of Terrence Collingsworth in support thereof, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11)(Levesque, Christian) Modified on 3/8/2012 (AVC). |
Filing 329 TEXT ORDER-The court has before it the Motion to Stay Proceedings (Doc. #326) and the Emergency Motion for Protective Order (Doc. #328) filed by Defendants Drummond Company, Inc., Drummond Ltd., Augusto Jiminez, and Mike Tracy on March 7, 2012. Both Motions (Doc. #326, 328) are opposed, and both request expedited ruling from this court. The Motions (Doc. #326, 328) are SET for a telephone hearing on Thursday, March 8, 2012 at 1:30p.m. A court reporter will be present. The parties are DIRECTED to provide a call in number for the court by noon on the same date. Signed by Judge R David Proctor on 3/7/2012. (AVC) |
Filing 328 Emergency MOTION for Protective Order by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez, Mike Tracy. (Attachments: #1 Exhibit A, #2 Proposed Order)(Davis, William) Modified on 3/7/2012 (AVC). |
Filing 326 MOTION to Stay Proceedings Pending United States Supreme Court's Disposition on Kiobel v. Royal Dutch Petroleum and Request for Expedited Consideration of this Motion by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez, Mike Tracy. (Davis, William) Modified on 3/7/2012 (AVC). |
Filing 325 PLAINTIFFS' OPPOSITION to Defendants' Memorandum of Law Submitted Pursuant to the Court's January 27, 2012 and February 9, 2012 Orders #314 filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Exhibit 1)(Levesque, Christian) Modified on 3/6/2012 (AVC). |
Filing 324 MEMORANDUM OPINION AND ORDER-The court has before it dft Mike Tracy's Motion to Dismiss the Third Amended Complaint #257 . The motion is GRANTED IN PART and DENIED IN PART. The claims of 271 pltfs asserted against Mr. Tracy SHALL remain in this case without prejudice to Mr. Tracy filing a renewed motion to dismiss on statute of limitations grounds at the close of applicable discovery. The claims of Alba Luiz Caballero Gomez, Ampara De Jesus Florez Torees, and Julian Andres Garcia Florez are hereby DISMISSED. Signed by Judge R David Proctor on 3/5/2012. (AVC) |
Filing 323 SUPPLEMENT to Defendants' Part C of Joint Report #322 filed by Augusto Jimenez, Drummond Company, Inc, Mike Tracy, Drummond Ltd. (Parr, Bryan) Modified on 3/5/2012 (AVC). |
Filing 322 STATUS REPORT Plaintiffs' Sections A and C of the Case Management Report and Defendants' Section C of the Case Management Report, pursuant to the Court's Order (Dkt. 276) by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Exhibit 1)(Collingsworth, Terrence) |
Filing 321 MEMORANDUM OPINION AND ORDER-The court has before it pltfs' Opposed Motion to Alter Expert Discovery Deadlines #318 . The motion is GRANTED IN PART. Pltfs SHALL file their expert reports no later than thirty (30) days after this court's ruling on case management issues as set forth in court's 1/7/2012 Order #276 . Remaining deadlines related to expert reports SHALL be filed in the usual succession of time; that is, within thirty days after Pltfs expert reports and designations, Pltfs experts are made available for deposition; Dfts reports from retained experts are due thirty days later; and Dfts experts are made available for depositions within thirty days thereafter. Signed by Judge R David Proctor on 2/28/2012. (AVC) |
Filing 320 REPLY Brief filed by Plaintiffs Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez re: #318 MOTION for Extension of Time TO ALTER EXPERT DISCOVERY DEADLINES filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Levesque, Christian) |
Filing 319 RESPONSE to Plaintiff's Motion to Alter Expert Discovery Deadlines #318 filed by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez, Mike Tracy. (Parr, Bryan) Modified on 2/27/2012 (AVC). |
Filing 318 MOTION for Extension of Time TO ALTER EXPERT DISCOVERY DEADLINES by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Affidavit of Christian Levesque in support there of, #2 Exhibit 1, #3 Text of Proposed Order)(Levesque, Christian) |
Filing 317 TEXT ORDER - The court has before it the Motion to Withdraw as Counsel (Doc. #316) filed by Peter J. Cambs, Sr., Gary P. Falkowitz, and Michael Hugo on February 22, 2012. The named attorneys are all with the law firm of Parker Waichman LLP and were admitted pro hac vice as counsel for Plaintiffs in this case. Because Plaintiffs continue to be represented by other counsel, the Motion (Doc. #316) is GRANTED. Signed by Judge R David Proctor on 02/23/12. (SFR, ) |
Filing 316 MOTION to Withdraw as Attorney by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Hugo Alberto Quintero Gutierrez. (Cambs, Peter) |
Filing 315 REPLY in Support of Motion to Strike #311 the Declaration of Jaime Blanco Mayo filed by James Adkins. (Clark, John) Modified on 2/21/2012 (AVC). |
Filing 314 Brief Defendants' Attorney-Client Privilege Brief. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Davis, William) |
Filing 313 OPPOSITION to Defendant Adkins' Motion to Strike the Declaration of Jaime Blanco Maya #311 filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Exhibit 1)(Hager, Eric) Modified on 2/16/2012 (AVC). |
Filing 312 PLAINTIFF'S Section B of Joint Case Management Report filed by Augusto Jimenez, Drummond Company, Inc, Drummond Ltd. (Attachments: #1 Plaintiffs' Exhibit 1)(Wells, H) Modified on 2/16/2012 (AVC). |
Filing 311 MOTION to Strike the Declaration of Jaime Blanco Maya #306 by James Adkins. (Clark, John) Modified on 2/14/2012 (AVC). |
Filing 310 REPLY BRIEF in Support of Renewed Motion to Dismiss #303 filed by James Adkins filed by James Adkins. (Clark, John) Modified on 2/14/2012 (AVC). |
Filing 309 TEXT ORDER - The court has before it the joint informal motion of the parties for entry of a briefing schedule on the issue of attorney-client privilege which was the subject of some dispute during the depositions of several of the Plaintiffs in this matter. The parties jointly request that Defendants have until February 20, 2012 for the filing of initial briefs; Plaintiffs until March 5, 2012 for responsive briefs; and Defendants until March 12, 2012 for reply briefs. For good cause shown, the joint motion is GRANTED. Signed by Judge R David Proctor on 02/09/12. (SFR, ) |
Filing 308 TEXT ORDER - The court has before it the informal motion of James Adkins for an extension of time, as well as an extension of page limitations, for the filing of Adkins' reply brief in further support of his Renewed Motion to Dismiss (Doc. #303). The parties have agreed that the deadline for filing the reply brief may be extended to February 17, 2012, but disagree as to whether, or the extent to which, a page extension may also be appropriate. For good cause shown, the time for Adkins to file a reply brief is EXTENDED to February 17, 2012. Because the issues presented by the Renewed Motion to Dismiss (Doc. #303) involve complicated questions of law and fact, Adkins' reply brief shall not exceed twenty (20) pages. Signed by Judge R David Proctor on 02/09/12. (SFR, ) |
Filing 307 TEXT ORDER - The court has before it the joint informal motion of the parties for a two-week extension of time within which to file certain portions of a joint report. The joint report, which is currently due to be filed on February 15, 2012, is to contain three sections labeled A, B, and C as set out in this court's order (Doc. #276) of January 17, 2012. For good cause shown, the informal motion is GRANTED. The parties SHALL file Section B of the required joint report on February 15, 2012, but the filing of Sections A and C is EXTENDED to February 29, 2012. Signed by Judge R David Proctor on 02/07/12. (SFR, ) |
Filing 306 OPPOSITION to Defendant Adkins' Renewed Motion to Dismiss #303 filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Affidavit of Terrence Collingsworth in support thereof, #2 Exhibit 1, #3 Exhibit 2)(Collingsworth, Terrence) Modified on 2/6/2012 (AVC). |
Filing 305 EVIDENTIARY SUBMISSION in Support of Renewed Motion to Dismiss #303 (Attachments: #1 Exhibit A - 2nd Declaration of Adkins, #2 Exhibit B - ley de vctimas 1448, #3 Exhibit C - Victims Law - Spanish, #4 Exhibit D - English Translation)(Rogers, Bruce) Modified on 1/30/2012 (AVC). |
Filing 304 BRIEF in Support of Renewed Motion to Dismiss #303 (Rogers, Bruce) Modified on 1/30/2012 (AVC). |
Filing 303 RENEWED MOTION to Dismiss by James Adkins. (Rogers, Bruce) Modified on 1/30/2012 (AVC). |
Filing 302 WAIVER OF SERVICE Returned Executed by Hugo Alberto Quintero Gutierrez, Christian A Roca Balcero, Claudia Balcero Giraldo, Sebastian J Roca Balcero, Jane Doe, Paulina Cecilia Gutierrez Mejia, Peter Doe. James Adkins waiver sent on 1/25/2012, answer due 3/26/2012. (Collingsworth, Terrence) |
Filing 301 NOTICE of Appearance by Benjamin T Presley on behalf of Drummond Company, Inc, Drummond Ltd, Augusto Jimenez, Mike Tracy (Presley, Benjamin) |
Filing 300 NOTICE to Take Deposition of Zoila Perez Lozano by Drummond Company, Inc.(Wells, H) |
Filing 299 NOTICE to Take Deposition of Yennis Olivares by Drummond Company, Inc.(Wells, H) |
Filing 298 NOTICE to Take Deposition of Vanessa Carolina Cantillo Torrecilla by Drummond Company, Inc.(Wells, H) |
Filing 297 NOTICE to Take Deposition of Fenix Maria Soto Ramirez by Drummond Company, Inc.(Wells, H) |
Filing 296 NOTICE to Take Deposition of Dubis Warnes Mayorga by Drummond Company, Inc.(Wells, H) |
Filing 295 NOTICE to Take Deposition of Doralva Cristina Cardenas Lobo by Drummond Company, Inc.(Wells, H) |
Filing 294 NOTICE to Take Deposition of Diana Karina Guette Rincones by Drummond Company, Inc.(Wells, H) |
Filing 293 NOTICE to Take Deposition of Carlos Alberto Caro Latorre by Drummond Company, Inc.(Wells, H) |
Filing 292 NOTICE to Take Deposition of Alfonso Lozano Jaramillo by Drummond Company, Inc.(Wells, H) |
Filing 291 NOTICE to Take Deposition of Diana Carina Guette Rincones by Drummond Company, Inc.(Wells, H) |
Filing 290 NOTICE to Take Deposition of Vanessa Carolina Cantillo Torrecilla by Drummond Company, Inc.(Wells, H) |
Filing 289 NOTICE to Take Deposition of Yennis Olivares by Drummond Company, Inc.(Wells, H) |
Filing 288 NOTICE to Take Deposition of Alfonso Lozano Jaramillo by Drummond Company, Inc.(Wells, H) |
Filing 287 NOTICE to Take Deposition of Doralva Cristina Cardenas Lobo by Drummond Company, Inc.(Wells, H) |
Filing 286 NOTICE to Take Deposition of Zoila Perez Lozano by Drummond Company, Inc.(Wells, H) |
Filing 285 NOTICE to Take Deposition of Dubis Warnes Mayorga by Drummond Company, Inc.(Wells, H) |
Filing 284 NOTICE to Take Deposition of Fenix Maria Soto Ramirez by Drummond Company, Inc.(Wells, H) |
Filing 283 NOTICE to Take Deposition of Carlos Alberto Caro Latorre by Drummond Company, Inc.(Wells, H) |
Filing 282 NOTICE to Take Deposition of Reinel Antonio Gomez Ballesteros by Drummond Company, Inc.(Wells, H) |
Filing 281 NOTICE to Take Deposition of Maria del Carmen Pallares by Drummond Company, Inc.(Wells, H) |
Filing 280 NOTICE to Take Deposition of Vianny Manjarrez Melo by Drummond Company, Inc.(Wells, H) |
Filing 279 NOTICE to Take Deposition of Elsi Leonor Padilla Rosado by Drummond Company, Inc.(Wells, H) |
Filing 278 NOTICE to Take Deposition of Sindy Patricia Araujo Navarro by Drummond Company, Inc.(Wells, H) |
Filing 277 NOTICE to Take Deposition of Jerardith Nieto Cuello by Drummond Company, Inc.(Wells, H) |
Filing 276 ORDER-In order to assist the court in determining the best course for case management and fair but efficient litigation of this matter, by February 15, 2012 the parties SHALL file with the court a joint report. As discussed with the parties during the telephone conference, given the need for the additional information as set forth above, Pltfs Motion to Proceed Using Bellwether Pltf Selection Plan #243 and Dfts Motion to Compel Pltfs Depositions #265 are both DENIED WITHOUT PREJUDICE. Signed by Judge R David Proctor on 1/17/2012. (AVC) |
Filing 275 MEMORANDUM OPINION AND ORDER-The court has before it dfts Drummond Company, Inc., Drummond Ltd., and Augusto Jiminez's Partial Motion to Dismiss the Third Amended Complaint #237 . Dfts Motion is DENIED WITHOUT PREJUDICE. Signed by Judge R David Proctor on 1/17/2012. (AVC) |
Filing 274 TEXT ORDER - The court has before it Plaintiffs' Unopposed Motion to Alter Expert Discovery Deadlines (Doc. #273) filed on January 6, 2012. For good cause shown, and because the Motion (Doc. #273) is unopposed, it is GRANTED. Plaintiffs' reports from retained experts are due no later than February 29, 2012. Plaintiffs' experts SHALL be available for deposition on or before March 30, 2012. Defendants' reports from retained experts are due no later than April 30, 2012. Defendants' experts SHALL be available for deposition on or before May 30, 2012. Signed by Judge R David Proctor on 01/13/12. (SFR, ) |
Minute Entry for proceedings held before Judge R David Proctor: Telephone Conference held on 1/11/2012. Parties are to meet and confer and submit a joint status report no later than 2/8/2012 as discussed on the record. The court will enter a separate order ruling on the currently pending motions. (Court Reporter Anita McCorvey.) (KLL ) |
TEXT ORDER - This case is SET for a Telephone Conference on Wednesday, January 11, 2012 at 10:30 a.m. The parties are DIRECTED to provide the court with a call-in number for the conference by noon on January 10, 2012. Signed by Judge R David Proctor on 01/09/12. (SFR, ) |
Filing 273 Consent MOTION TO ALTER EXPERT DISCOVERY DEADLINES by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Text of Proposed Order)(Levesque, Christian) |
Filing 272 REPLY in Support of Motion to Dismiss the Third Amended Complaint #257 filed by Mike Tracy. (Davis, William) Modified on 12/21/2011 (AVC). |
Filing 271 ORDER-This matter is before the court on the Motion to Admit Counsel Pro Hac Vice #269 , by counsel of record seeking the admission of Rachel A. Sheridan. The motion is GRANTED. Signed by Judge R David Proctor on 12/19/2011. (AVC) |
Filing 270 REPLY Brief in Support of their Motion to Proceed Using "Bellwether" Plaintiff Selection Plan #243 filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Levesque, Christian) Modified on 12/19/2011 (AVC). |
Filing 269 MOTION for Leave to Appear Pro Hac Vice (Rachel A. Sheridan) by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Exhibit Declaration of Rachel Sheridan, #2 Appendix Certificate of Good Standing Sheridan, #3 Text of Proposed Order Proposed Order)(Carmichael, Thomas) |
PHV Fee paid: $50, Receipt# 1126-1542917 (ALND# B4601029335). (Carmichael, Thomas) Modified on 12/16/2011 (AVC). |
Filing 268 REPLY in Support of Defendants' Motion to Compel Plaintiffs' Depositions #265 filed by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez. (Attachments: #1 Affidavit Declaration of H. Thomas Wells, III, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Davis, William) Modified on 12/13/2011 (AVC). |
Filing 267 RESPONSE in Opposition re #265 MOTION to Compel Plaintiffs' Depositions filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Hager, Eric) |
Filing 266 Plaintiffs' Memorandum in Opposistion to Defendant Mike Tracy's Motion to Partialy Dismiss filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Collingsworth, Terrence) Modified on 12/5/2011 (AVC). |
Filing 265 MOTION to Compel Plaintiffs' Depositions by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez. (Davis, William) Modified on 12/1/2011 (AVC). |
Filing 264 Opposition to Plaintiffs' Motion to Proceed Using "Bellwether" Plaintiff Selection Plan #243 by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez. (Attachments: #1 Affidavit Declaration of H. Thomas Wells, III, #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)(Davis, William) Modified on 12/1/2011 (AVC). |
Filing 263 REPLYin Support of Motion to Compel Interrogatory Responses #245 filed by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez. (Davis, William) Modified on 11/23/2011 (AVC). |
Filing 262 REPLY to Response to Motion re #246 MOTION to Compel filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Levesque, Christian) Modified on 11/21/2011 (AVC). |
Filing 261 TEXT ORDER - The court has before it Plaintiffs' Expedited Motion to Exceed Page Limit for Plaintiff's Reply in Support of Their Motion to Compel (Doc. #260) filed on November 18, 2011. The Motion seeks an additional four pages for a reply brief in further support of Plaintiffs' Motion to Compel Production of Responsive Documents and Response to Interrogatory and Memorandum of Authorities (Doc. #246). For good cause shown, and despite the fact that the Motion to Exceed Page Limit (Doc. #260) is opposed, it is GRANTED. Defendants may similarly exceed any reply brief they may file in further support of their Motion to Compel Interrogatory Responses (Doc. #245) by four pages. Signed by Judge R David Proctor on 11/18/11. (SFR, ) |
Filing 260 Plaintiffs' Expedited Motion to Exceed Page Limit for Plaintiffs' Reply in Support of their Motion to Compel by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Text of Proposed Order)(Levesque, Christian) Modified on 11/18/2011 (AVC). |
Filing 259 TEXT ORDER - The court has before it the informal unopposed motion of Plaintiffs for an extension of time within which to file a response in opposition to Defendant Mike Tracy's Motion to Dismiss the Third Amended Complaint (Doc. #257) filed on November 10, 2011. For good cause shown, and because the informal motion is unopposed, it is GRANTED. Plaintiffs SHALL file any response in opposition to the Motion to Dismiss (Doc. #257) by December 5, 2011. Defendants shall file any reply in further support of the Motion to Dismiss (Doc. #257) by December 20, 2011. The Motion to Dismiss (Doc. #257) will then be under submission. Signed by Judge R David Proctor on 11/14/11. (SFR, ) |
Filing 258 TEXT ORDER - The court has before it the joint informal motion of the parties for an extension of time within which to file responses and replies to Plaintiffs' Motion to Proceed Using 'Bellwether' Plaintiff Selection Plan (Doc. #243). The extensions as requested are GRANTED. Defendants shall file any response in opposition to the Motion (Doc. #243) by November 30, 2011. Plaintiffs shall file any reply in further support of the Motion (Doc. #243) by December 16, 2011. Signed by Judge R David Proctor on 11/14/11. (SFR, ) |
Filing 257 MOTION to Dismiss the Third Amended Complaint by Mike Tracy. (Attachments: #1 Appendix A)(Davis, William) |
Filing 256 Defendants' Oppositioto Plaintiffs' Motion to Compel Production of Documents and Responses to Interrogatories #246 filed by Drummond Company, Inc, Drummond Ltd. (Attachments: #1 Affidavit Declaration of Sara Kropf, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Davis, William) Modified on 11/9/2011 (AVC). |
Filing 255 Plaintiffs' Opposition to Defendants' Motion to Compel #245 filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Levesque, Christian) Modified on 11/8/2011 (AVC). |
Minute Entry for proceedings held before Judge R David Proctor: Telephone Conference held on 11/4/2011 re Defendant's Motion for Protective Order. If defendant has not received the written permission documents by 11/8/2011, then this matter will be set for a telephone status conference on 11/9/2011. (Court Reporter Anita McCorvey.) (KLL, ) |
Filing 254 REPLY in Support of Partial Motion to Dismiss the Thrid Amended Complaint #237 filed by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez. (Davis, William) Modified on 11/7/2011 (AVC). |
Filing 253 ORDER granting in part #250 Defendants' Emergency Motion for Protective Order, as set out; if required permissions are not received by Tuesday, 11/8/11, a follow up conference call will be held on Wednesday, 11/9/2011 10:00 AM before Judge R David Proctor. Signed by Judge R David Proctor on 11/4/11. (ASL) |
Filing 252 RESPONSE in Opposition re #250 Emergency MOTION for Protective Order filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Affidavit of Terrence Collingsworth, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Collingsworth, Terrence) |
Filing 251 TEXT ORDER-The court has before it the Emergency Motion for Protective Order (Doc. #250) filed by Defendants Drummond Company, Inc., Drummond Ltd. and Augusto Jiminez on November 3, 2011. The Motion (Doc. #250) is SET for a telephone conference tomorrow, Friday, November 4, 2011 at 10:30am. The parties are DIRECTED to provide the court will a call-in number by 8:00 am tomorrow. Signed by Judge R David Proctor on 11/3/2011. (AVC) |
Filing 250 Emergency MOTION for Protective Order by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Davis, William) |
Filing 249 Plaintiffs' Memorandum in Opposition to Defendants' Motion to Dismiss 36 of the "new" Plaintiffs in the Third Amended Complaint Based on Statute of Limitations #237 filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Affidavit of Christian Levesque in support thereof, #2 Exhibit A)(Levesque, Christian) Modified on 10/28/2011 (AVC). |
Filing 248 TEXT ORDER - The court has before it the Joint Motion to Alter Briefing Schedule Concerning the Parties' Motions to Compel and Plaintiffs' Motion to Proceed Using Bellwether Plaintiff Selection Plan (Doc. #247) filed on October 26, 2011. For good cause shown, the Motion (Doc. #247) is GRANTED. The following schedule SHALL apply to Plaintiffs' Motion to Proceed Using "Bellwether" Plaintiff Selection Plan (Doc. #243) -- (1) Defendants' response due November 14, 2011 and (2) Plaintiffs' reply due November 30, 2011. The following schedule SHALL apply to the pending motions to compel (Docs. #245, 246) -- (1) responses to motions to compel due November 8, 2011 and (2) replies to motions to compel are due November 22, 2011. Signed by Judge R David Proctor on 10/26/11. (SFR, ) |
Filing 247 Joint MOTION for Extension of Time to File Response/Reply as to #243 MOTION to Proceed Using Bellwether Plaintiff Selection Plan, #245 MOTION to Compel, #246 MOTION to Compel Production of Responsive Documents and Response to Interrogatory by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Text of Proposed Order)(Levesque, Christian) |
Filing 246 MOTION to Compel Production of Responsive Documents and Response to Interrogatory by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Affidavit of Christian Levesque in support thereof, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Text of Proposed Order)(Levesque, Christian) |
Filing 245 Defendants' Motion to Compel Interrogatory Responses by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez. (Attachments: #1 Exhibit A, #2 Exhibit B)(Davis, William) Modified on 10/26/2011 (AVC). |
Filing 244 ORDER-Upon consideration of pltf's Motion for Issuance of Court Letter to United States Embassy in Bogota, Colombia Regarding Plfs' Visa Applications and Case Status, it is hereby ORDERED that plfts' motion is GRANTED. Signed by Judge R David Proctor on 10/25/2011. (AVC) (Additional attachment(s) added on 11/1/2011: #1 Letter sent to U.S. Embassy) (AVC, ). |
Filing 243 MOTION to Proceed Using Bellwether Plaintiff Selection Plan by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Affidavit of Terrence Collingsworth in support thereof, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Text of Proposed Order)(Collingsworth, Terrence) |
Filing 242 Plaintiffs' Motion for Issuance of Court Letter to United States Embassy in Bogota, Colombia Regarding Plaintiffs' Visa Applications and Case Status by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Collingsworth, Terrence) Modified on 10/25/2011 (AVC). |
Filing 241 TEXT ORDER - The court has before it the informal motion of Defendants for an extension of time within which to file a reply brief in further support of their Motion to Dismiss the Third Amended Complaint (Doc. #237) filed on October 13, 2011. For good cause shown, and because the motion is unopposed, it is GRANTED. Defendants SHALL file any reply in support of the Motion to Dismiss the Third Amended Complaint (Doc. #237) by November 4, 2011. Signed by Judge R David Proctor on 10/17/11. (SFR, ) |
Filing 240 TEXT ORDER - The court has before it the informal motion of Plaintiffs for an extension of time to respond in opposition to Defendants' Motion to Dismiss the Third Amended Complaint (Doc. #237) filed on October 13, 2011. For good cause shown, and because the informal motion is unopposed, it is GRANTED. Plaintiffs SHALL file any opposition to the Motion to Dismiss the Third Amended Complaint (Doc. #237) by October 28, 2011. Signed by Judge R David Proctor on 10/14/11. (SFR, ) |
Filing 239 TEXT ORDER - The court has before it Defendants Drummond Company, Inc., Drummond Ltd., and Augusto Jiminez's Motion to Dismiss the Third Amended Complaint (Doc. #237) filed on October 13, 2011. The parties are REMINDED that the Motion (Doc. #237) SHALL be briefed in accordance with this court's "Exhibit B," previously entered in this case on July 21, 2009 and June 29, 2010 (Docs. #15, 64). Signed by Judge R David Proctor on 10/14/11. (SFR, ) |
Filing 238 ANSWER to Complaint (Third Amended) by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez.(Davis, William) |
Filing 237 MOTION to Dismiss the Third Amended Complaint by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez. (Davis, William) |
Filing 236 Summons Issued as to James Adkins, Mike Tracy; returned to plaintiff for service. (AVC) |
Filing 235 SCHEDULING ORDER that all deadlines apply as further set out: Discovery due by 6/29/2012; Dispositive Motions due by 7/30/2012; A pretrial conference will be held in this case sixty (60) days prior to trial; This case will be trial ready in 12/2012. (AVC) |
Filing 234 ORDER-The court has before it the Joint Motion to Modify the Pretrial Schedule Submitted in the Report of the Parties' Planning Meeting #215 . The motion is GRANTED insofar as the schedule will be modified by a 4 month extension of all remaining deadlines. A separate scheduling order will be entered. Signed by Judge R David Proctor on 9/29/2011. (AVC) |
Filing 233 THIRD AMENDED COMPLAINT filed by Hugo Alberto Quintero Gutierrez, Christian A Roca Balcero, Claudia Balcero Giraldo, Sebastian J Roca Balcero, Jane Doe, Paulina Cecilia Gutierrez Mejia, Peter Doe.(Collingsworth, Terrence) Modified on 9/29/2011 (AVC). |
Filing 232 MEMORANDUM OPINION AND ORDER-The court has before it pltfs' Motion to Amend Complaint and for Leave to File Third Amended Complaint #213 . The motion is GRANTED. Pltfs are DIRECTED to file the Third Amended Complaint within two calendar days of the date of this order. Signed by Judge R David Proctor on 9/27/2011. (AVC) |
Filing 231 MEMORANDUM OPINION AND ORDER-The court has before it dfts' Motion for Relief under Paragraphs 6 and 7 of the Stipulated Protective Order #212 and Pltfs' Cross Motion for Sanctions against Dfts for Breach of the Stipulated Protective Order #214 . Dfts' Motion #212 is GRANTED. Pltfs are DIRECTED to remove the confidential designation from the 7/5/2011 declaration of El Tigre. Plfts' motion #214 is DENIED. Signed by Judge R David Proctor on 9/26/2011. (AVC) |
Filing 230 ORDER-This matter is before the court on a motion by pltfs, with the consent of dfts, for leave to take depositions of five individuals who are currently incarcerated in Colombian prisons. The motion is GRANTED, and it is hereby ORDERED that pltfs may take the testimony of these five witnesses, and the parties are to follow the procedures as set out in this order. Signed by Judge R David Proctor on 9/23/2011. (AVC) |
Filing 229 Consent MOTION FOR ENTRY OF STIPULATED ORDER CONCERNING LEAVE TO TAKE DEPOSITIONS OF FIVE INDIVIDUALS INCARCERATED IN COLOMBIAN PRISONS by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Text of Proposed Order)(Collingsworth, Terrence) |
Filing 228 Plaintiffs' Reply Memorandum in Support of Plaintiffs' Proposed Extension of Pretrial Schedule #215 filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Affidavit of Terrence Collingsworth, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Collingsworth, Terrence) Modified on 9/15/2011 (AVC). |
Filing 227 Plaintiffs' Reply in Support of Motion to Amend Complaint and for Leave to File Third Amended Complaint #213 filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Collingsworth, Terrence) Modified on 9/15/2011 (AVC). |
Filing 226 ORDER-This case is before the court on Attorney Bryan H. Parr's Motion for Leave to Appear Pro Hac Vice #224 . The motion is GRANTED. Signed by Judge R David Proctor on 9/14/2011. (AVC) |
Filing 225 Plaintiffs' Reply in Support of their Cross Motion for Sanctions against Defendants for Breach of the Stipulated Protective Order #214 filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Collingsworth, Terrence) Modified on 9/14/2011 (AVC). |
Filing 224 MOTION for Leave to Appear Pro Hac Vice for Bryan H. Parr by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez. (Attachments: #1 Exhibit Certificate of Good Standing)(Davis, William) |
PHV Fee paid: $50, Receipt# 1126-1480323 (ALND# B4601026684). (Davis, William) Modified on 9/14/2011 (AVC). |
Filing 223 TEXT ORDER-The court has before it the informal motion of Plaintiffs for extensions of time to file certain reply briefs. For good cause shown, and because the informal motion is unopposed, it is GRANTED. Plaintiffs' reply in further support of its Motion to Amend/Correct Complaint and for Leave to File Third Amended Complaint (Doc. #213) is EXTENDED to Wednesday, September 14, 2011. Plaintiffs' reply in further support of its request for continuance of the trial date (Docs. #215, 216, 218) is EXTENDED to Wednesday, September 14, 2011. Finally, Plaintiffs' reply in further support of its Motion for Sanctions (Doc. #214) is EXTENDED to Tuesday, September 13, 2011. Signed by Judge R David Proctor on 9/12/2011. (AVC) |
Filing 222 Defendants' Response in Opposition to Plaintiffs' Motion to Amend Complaint and for Leave to file Third Amended Complaint filed by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez. (Attachments: #1 Exhibit Ex. A)(Davis, William) Modified on 9/12/2011 (AVC). |
Filing 221 Defendant's Reply in Support of Motion for Relief Under Paragraphs 6 and 7 of the Stipulated Protective Order #212 and Opposition to Cross Motion for Sanctions #214 filed by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez. (Attachments: #1 Affidavit Declaration of David Super, #2 Exhibit Ex. A to Declaration of David Super, #3 Exhibit Ex. B to Declaration of David Super, #4 Exhibit Ex. C to Declaration of David Super, #5 Exhibit Ex. D to Declaration of David Super, #6 Exhibit Ex. E to Declaration of David Super, #7 Exhibit Ex. F to Declaration of David Super)(Davis, William) Modified on 9/12/2011 (AVC). |
Filing 219 TEXT ORDER - The court has before it Defendants' Motion for Leave to File Exhibits Under Seal (Doc. #217) filed on September 7, 2011. For good cause shown, the Motion (Doc. #217) is GRANTED. Defendants are DIRECTED to file UNDER SEAL Exhibits B, C, and D to Defendants' Motion for Relief Under Paragraphs 6 and 7 of the Stipulated Protective Order (Doc. #212). Signed by Judge R David Proctor on 09/08/11. (SFR, ) |
Filing 218 Opposition to re #216 Plaintiffs' Request for Continuance of the Trial Date filed by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez. (Attachments: #1 Affidavit Declaration of Sara Kropf, #2 Exhibit Ex. 1 to Declaration of Sara Kropf, #3 Exhibit Ex. 2 to Declaration of Sara Kropf, #4 Exhibit Ex. 3 to Declaration of Sara Kropf, #5 Exhibit Ex. 4 to Declaration of Sara Kropf, #6 Exhibit Ex. 5 to Declaration of Sara Kropf, #7 Exhibit Ex. 6 to Declaration of Sara Kropf, #8 Exhibit Ex. 7 to Declaration of Sara Kropf)(Davis, William) |
Filing 217 MOTION for Leave to File Exhibits Under Seal by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez. (Wells, H) |
Filing 216 Brief re #215 Joint MOTION to Amend/Correct the Pretrial Schedule Submitted in the Report of the Parties' Planning Meeting PLAINTIFFS' STATEMENT IN SUPPORT THEREOF filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Affidavit of Terrence P. Collingsworth, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Text of Proposed Order Plaintiffs' Proposed Order)(Collingsworth, Terrence) |
Filing 215 Joint MOTION to Amend/Correct the Pretrial Schedule Submitted in the Report of the Parties' Planning Meeting by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Collingsworth, Terrence) |
Filing 214 MOTION for Sanctions against Defendants for Breach of the Stipulated Protective Order and Plaintiffs' Opposition to Defendants' Motion for Relief Under Paragraphs 6 and 7 of the Stipulated Protective Order by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Collingsworth, Terrence) |
Filing 213 MOTION to Amend/Correct Complaint and for Leave to File Third Amended Complaint by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Text of Proposed Order)(Collingsworth, Terrence) |
Filing 212 MOTION Relief under paragraphs 6 and 7 of the Stipulated Protective Order by Drummond Company, Inc. (Attachments: #1 Exhibit)(Wells, H) |
Minute Entry for proceedings held before Judge R David Proctor: Telephone Conference held on 8/23/2011. Plaintiffs shall file motion to amend complaint by 9/2/2011 and submit a proposed Rule 16 Report as discussed during the conference. (Court Reporter Anita McCorvey.) (KLL ) |
Filing 211 TEXT ORDER - This case is SET for a status conference on Tuesday, August 23, 2011 at 10:30am. The parties are permitted to participate in person or by telephone. To facilitate the appearance of parties by telephone, the parties are DIRECTED to set up a call-in number for the parties and the court. The call-in number SHALL be sent to the court via email at Proctor_Chambers@alnd.uscourts.gov by Noon on Monday, August 22, 2011. Signed by Judge R David Proctor on 08/05/11. (SFR, ) |
Filing 210 ORDER-This case is before the court on the Consent Motion for Entry of Stipulated Order Concerning Leave to Take Depositions of Four Individuals in Colombian Prisons #199 . The court finds good cause exists to grant leave to take depositions and trial testimony. Accordingly, pltf's motion is GRANTED. It is hereby ORDERED that pltfs may take testimony of these four witnesses, following the procedures as futher set out in this Order. Signed by Judge R David Proctor on 7/6/2011. (AVC) |
Filing 209 NOTICE to Take Deposition of Gloria Amaya by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez.(Davis, William) |
Filing 208 NOTICE to Take Deposition of Carlos Cordoba by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez.(Davis, William) |
Filing 207 NOTICE to Take Deposition of Yohanny Arias by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez.(Davis, William) |
Filing 206 NOTICE to Take Deposition of Merari Sanchez by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez.(Davis, William) |
Filing 205 NOTICE to Take Deposition of Jaime Cuello by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez.(Davis, William) |
Filing 204 NOTICE to Take Deposition of Maira de Agudelo by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez.(Davis, William) |
Filing 203 NOTICE to Take Deposition of Omaira Florez by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez.(Davis, William) |
Filing 202 NOTICE to Take Deposition of Elvira Padilla by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez.(Davis, William) |
Filing 201 NOTICE to Take Deposition of Claudia Balcero by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez.(Davis, William) |
Filing 200 NOTICE to Take Deposition of Marina Barbosa by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez.(Davis, William) |
Filing 199 Consent MOTION to Take Deposition OF FOUR INDIVIDUALS INCARCERATED IN COLOMBIAN PRISONS by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Text of Proposed Order)(Collingsworth, Terrence) |
Filing 198 RESPONSE to re #197 Plaintiff's Notice of Supplemental Authority filed by Drummond Company, Inc. (Attachments: #1 Exhibit A)(Davis, William) |
Filing 197 NOTICE of Supplemental Authority by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez (Attachments: #1 Exhibit A, #2 Exhibit B)(Collingsworth, Terrence) Modified on 5/24/2011 (AVC). |
Filing 196 NOTICE of Appearance by Thomas L Carmichael on behalf of Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez (Carmichael, Thomas) |
Filing 195 Transcript of Proceedings held on 3/8/2011, before Judge R. David Proctor. Court Reporter/Transcriber Anita McCorvey, Telephone number 205-278-2063. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court forms/transcripts/Transcript Redaction Policy.pdf) See Transcript Redaction Policy Redaction Request due 5/5/2011. Redacted Transcript Deadline set for 5/16/2011. Release of Transcript Restriction set for 7/13/2011. (AVC) |
Filing 194 REQUEST FOR JUDICIAL ASSISTANCE-LETTER ROGATORY (Quintero) issued in English and Spanish-delivered to Drummond dfts (AVC) |
Filing 193 REQUEST FOR JUDICIAL ASSISTANCE-LETTER ROGATORY (Unidad de Justicia) issued in English and Spanish-delivered to Drummond dfts (AVC) |
Filing 192 REQUEST FOR JUDICIAL ASSISTANCE-LETTER ROGATORY (Bertel) issued in English and Spanish-delivered to Drummond dfts (AVC) |
Filing 191 REQUEST FOR JUDICIAL ASSISTANCE-LETTER ROGATORY- (Pacheco) issued in English and Spanish-delivered to Drummond dfts (AVC) |
Filing 190 REQUEST FOR JUDICIAL ASSISTANCE-LETTER ROGATORY (Quinonez) issued in English and Spanish-delivered to Drummond dfts (AVC) |
Filing 189 REQUEST FOR JUDICIAL ASSISTANCE-LETTER ROGATORY (Blanco-Maya) issued in English and Spanish-delivered to Drummond dfts (AVC) |
Filing 188 REQUEST FOR JUDICIAL ASSISTANCE- LETTER ROGATORY (INPEC) issued in English and Spanish-delivered to Drummond dfts (AVC) |
Filing 187 REQUEST FOR JUDICIAL ASSISTANCE- LETTER ROGATORY (Nivel Central) issued in English and Spanish- delivered to Drummond dfts (AVC) |
Filing 186 REQUEST FOR JUDICIAL ASSISTANCE- LETTER ROGATORY (DAS) issued in English and Spanish- delivered to Drummond dfts (AVC) |
Filing 185 RESPONSE to re #137 RESPONSE TO PLAINTIFFS NOTICE OF SUPPLEMENTAL FACTUAL MATERIAL filed by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Davis, William) |
Filing 184 ANSWER to Amended Complaint by Augusto Jimenez.(Davis, William) |
Filing 183 TEXT ORDER - This case is before the court on the Motion to Withdraw (Doc. # 182) filed by Sheila Kadagathur, counsel for Defendants, on April 1, 2011. For good cause shown, and because Defendants continue to be represented by other counsel, the Motion (Doc. # 182) is GRANTED. Signed by Judge R David Proctor on 04/04/11. (SFR, ) |
Filing 182 MOTION to Withdraw as Attorney by Sheila J. Kadagathur by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez. (Wells, H) |
Filing 181 TEXT ORDER - The court has before it the informal motion of Augusto Jimenez for a week long extension of time within which to file his Answer to the Second Amended Complaint. There being no opposition, and for good cause shown, the motion is GRANTED. Defendant Jimenez's Answer is due on or before April 8, 2011. Signed by Judge R David Proctor on 03/31/11. (SFR, ) |
Filing 180 NOTICE by Drummond Company, Inc, Drummond Ltd re #178 Order,, (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Davis, William) |
Filing 179 ORDER granting #177 Motion for Reconsideration; Order #142 of 3/11/2011 is amended and such dismissal of dfts Adkins and Araujo is without prejudice. Signed by Judge R David Proctor on 3/24/2011. (KAM, ) |
Filing 178 ORDER re #176 Reply to Response to Motion filed by Drummond Company, Inc, Drummond Ltd, #174 Response in Opposition to Motion, filed by Peter Doe, Claudia Balcero Giraldo, Jane Doe, Hugo Alberto Quintero Gutierrez, Paulina Cecilia Gutierrez Mejia, Sebastian J Roca Balcero, Christian A Roca Balcero ; dfts have agreed to supply plas and the court with Exh A referenced in their letters rogatory and will notify plas' counsel re: depositions. Signed by Judge R David Proctor on 3/24/2011. (KAM, ) |
Filing 177 MOTION for Reconsideration to Revise the Court's March 11, 2011 Order Dismissing Defendants Adkins and Araujo with Prejudice by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Text of Proposed Order)(Collingsworth, Terrence) |
Filing 176 REPLY to Response to Motion re #144 Consent MOTION for Issuance of Letters Rogatory filed by Drummond Company, Inc, Drummond Ltd. (Kropf, Sara) |
Filing 175 TEXT ORDER-In light of Plaintiffs' Response to Defendants' Motion for Issuance of Letters Rogatory to Take Testimony and Obtain Documents and Objections to the Letters Rogatory Issued to Drummond (Doc. #174) filed on March 21, 2011, this case is SET for a telephone conference on Thursday, March 24 at 10:00 a.m. The court will initiate the call. The parties are DIRECTED to e-mail chambers by 4:00 p.m. on Wednesday, March 23, 2011 with a number they can be reached at for the conference call. Signed by Judge R David Proctor on 3/23/2011. (AVC) |
Filing 174 RESPONSE in Opposition re #144 Consent MOTION for Issuance of Letters Rogatory AND OBJECTIONS TO THE LETTERS ROGATORY ISSUED TO DRUMMOND filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Collingsworth, Terrence) |
Filing 173 REQUEST FOR JUDICIAL ASSISTANCE - LETTER ROGATORY (Quintero) issued in English and Spanish - delivered to Drummond dfts (KAM, ) |
Filing 172 REQUEST FOR JUDICIAL ASSISTANCE - LETTER ROGATORY (Unidad de Justicia) issued in English and Spanish - delivered to Drummond dfts (KAM, ) |
Filing 171 REQUEST FOR JUDICIAL ASSISTANCE - LETTER ROGATORY (Bertel) issued in English and Spanish - delivered to Drummond dfts(KAM, ) |
Filing 170 REQUEST FOR JUDICIAL ASSISTANCE - LETTER ROGATORY (Pacheco) issued in English and Spanish - delivered to Drummond dfts (KAM, ) |
Filing 169 REQUEST FOR JUDICIAL ASSISTANCE - LETTER ROGATORY (Quinonez) issued in English and Spanish - delivered to Drummond dfts (KAM, ) |
Filing 168 REQUEST FOR JUDICIAL ASSISTANCE - LETTER ROGATORY (Blanco-Maya) issued in English and Spanish - delivered to Drummond dfts (KAM, ) |
Filing 167 REQUEST FOR JUDICIAL ASSISTANCE - LETTER ROGATORY (INPEC) issued in English and Spanish - delivered to Drummond dfts (KAM, ) |
Filing 166 REQUEST FOR JUDICIAL ASSISTANCE - LETTER ROGATORY (Nivel Central) issued in English and Spanish - delivered to Drummond dfts (KAM, ) |
Filing 165 REQUEST FOR JUDICIAL ASSISTANCE - LETTER ROGATORY (DAS) issued in English and Spanish - delivered to Drummond dfts(KAM, ) |
Filing 164 ORDER granting #144 Motion for Issuance of Letters Rogatory to take testimony and obtain other documents; Clerk is directed to to return the signed letters rogatory to counsel for the Drummond defendants. Signed by Judge R David Proctor on 3/16/2011. (KAM, ) |
Filing 163 REQUEST FOR JUDICIAL ASSISTANCE - LETTER ROGATORY (UNIDAD DE JUSTICIA) issued - delivered to plaintiff (KAM, ) |
Filing 162 REQUEST FOR JUDICIAL ASSISTANCE - LETTER ROGATORY (CAICEDO) issued - delivered to plaintiff (KAM, ) |
Filing 161 REQUEST FOR JUDICIAL ASSISTANCE - LETTER ROGATORY (ALBARRACIN) issued - delivered to plaintiff (KAM, ) |
Filing 160 REQUEST FOR JUDICIAL ASSISTANCE - LETTER ROGATORY (FRANCO) issued - delivered to plaintiff (KAM, ) |
Filing 159 REQUEST FOR JUDICIAL ASSISTANCE - LETTER ROGATORY (CASTRO) issued - delivered to plaintiff (KAM, ) |
Filing 158 REQUEST FOR JUDICIAL ASSISTANCE - LETTER ROGATORY (MAYA) issued - delivered to plaintiff (KAM, ) |
Filing 157 REQUEST FOR JUDICIAL ASSISTANCE - LETTER ROGATORY (RIOS) issued - delivered to plaintiff (KAM, ) |
Filing 156 REQUEST FOR JUDICIAL ASSISTANCE - LETTER ROGATORY (ECHEVERRI) issued - delivered to plaintiff(KAM, ) |
Filing 155 REQUEST FOR JUDICIAL ASSISTANCE - LETTER ROGATORY (CUADRADO) issued - delivered to plaintiff (KAM, ) |
Filing 154 REQUEST FOR JUDICIAL ASSISTANCE - LETTER ROGATORY (DUARTE) issued - delivered to plaintiff (KAM, ) |
Filing 153 REQUEST FOR JUDICIAL ASSISTANCE - LETTER ROGATORY (RODRIGUEZ) issued delivered to plaintiff (KAM, ) |
Filing 152 REQUEST FOR JUDICIAL ASSISSTANCE - LETTER ROGATORY (GUTIERREZ) issued - delivered to plaintiff (KAM, ) |
Filing 151 REQUEST FOR JUDICIAL ASSISTANCE - LETTER ROGATORY (LINEROS) issued - delivered to plaintiff (KAM, ) |
Filing 150 REQUEST FOR JUDICIAL ASSISTANCE - LETTER ROGATORY (TABARES) issued delivered to plaintiff (KAM, ) |
Filing 149 Request for Judicial Assistance - Letter Rogatory (Pacheco) issued del to plaintiff (KAM, ) |
Filing 148 ORDER granting #143 Motion for Issuance of Letters Rogatoryto take testimony and obtain documents; Letters Rogatory shall be issued and del to counsel for the plaintiffs. Signed by Judge R David Proctor on 3/16/2011. (KAM, ) |
Filing 147 TEXT ORDER-The court has before it the informal motion of Augusto Jiminez for an extension of time within which to file his Answer to the Second Amended Complaint. Because the informal motion is unopposed, and for good cause shown, it is GRANTED. Jiminez SHALL file his Answer to the Second Amended Complaint by April 1, 2011. Signed by Judge R David Proctor on 3/17/2011. (AVC) |
Filing 146 TEXT ORDER - The court has before it the Motion to Withdraw (Doc. #145) filed by Garve Ivey, Jr. and The Ivey Law Firm, counsel for Plaintiffs, on March 15, 2011. For good cause shown, and because Plaintiffs continue to be represented by other counsel, the Motion (Doc. #145) is GRANTED. Signed by Judge R David Proctor on 03/15/11. (SFR, ) |
Filing 145 MOTION to Withdraw as Attorney by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Ivey, Garve) |
Filing 144 Consent MOTION for Issuance of Letters Rogatory by Drummond Company, Inc, Drummond Ltd. (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 Text of Proposed Order)(Davis, William) |
Filing 143 Consent MOTION for Issuance of Letters Rogatory TO TAKE TESTIMONY AND OBTAIN DOCUMENTS FROM THE SOURCES IDENTIFIED HEREIN by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (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 Text of Proposed Order)(Collingsworth, Terrence) |
Filing 142 ORDER granting #78 dft James Adkins' Motion to Dismiss; denying #81 Augusta Jimenez's Motion to Dismiss; granting #109 dft Alfredo Araujo's Motion to Dismiss for Lack of Jurisdiction; dfts Alfredo Araujo and James L. Adkins are dismissed w/prej; Signed by Judge R David Proctor on 3/11/2011. (BST, ) |
Filing 141 MEMORANDUM OPINION; Signed by Judge R David Proctor on 3/11/2011. (BST, ) |
PHV Fee paid: $50, Receipt# 1126-1355370 (ALND# B4601020957). (Collingsworth, Terrence) Modified on 3/10/2011 (AVC). |
Filing 140 ORDER-The court has heard oral argument from the parties regarding the Motion by Drummond dfts for a Protective Order #125 and pltfs' Motion for Reconsideration #129 . As the court indicated on the record during the hearing, and with agreement of the parties, the court DENIES WITHOUT PREJUDICE both motions #125 & #129 . The parties are DIRECTED to keep the court informed of any developments in the Eleventh Circuit regarding the Baloco case. Signed by Judge R David Proctor on 3/9/2011. (AVC) |
Filing 139 ORDER-Before the court is pltf's Motion to Appear Pro Hac Vice #138 . The Motion is CONDITIONALLY GRANTED. Atty Christian A. Levesque has until 3/14/2011 to pay the filing fee of $50. Signed by Judge R David Proctor on 3/9/2011. (AVC) |
Minute Entry for proceedings held before Judge R David Proctor: Motion Hearing held on 3/8/2011 re #78 , #81 , #129 , #109 , #125 , and #129 . The court will take Defendants' Motion to Dismiss for lack of jurisdiction (Docs. 78, 81, and 109) under review; and deny, without prejudice, Defendant's Motion for protective order (Doc. 125). Ruling will be reserved as discussed and agreed to by the parties as to Defendants' Motion for reconsideration (Doc. 129). (Court Reporter Anita McCorvey.) (KLL, ) |
Filing 138 MOTION for Leave to Appear Pro Hac Vice of Christian Levesque by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Exhibit Declaration of Christian Levesque, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order)(Ivey, Garve) |
Filing 137 NOTICE of Supplemental Factual Material by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez (Attachments: #1 Exhibit A (Duarte Decl))(Collingsworth, Terrence) Modified on 3/4/2011 (AVC). |
Filing 136 REPLY to Response to Motion re #129 MOTION for Reconsideration re #113 Order on Motion to Dismiss, #30 Memorandum Opinion, #112 Memorandum Opinion, #31 Order on Motion to Dismiss, MOTION for Reconsideration re #113 Order on Motion to Dismiss, #30 Memorandum Opinion, #112 Memorandum Opinion, #31 Order on Motion to Dismiss, filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Collingsworth, Terrence) |
Filing 135 TEXT ORDER-Plaintiff's Motion for Issuance of Court Letter is GRANTED. Signed by Judge R David Proctor on 3/4/2011. (AVC) |
Filing 134 Plaintiff's Motion for Issuance of Court Letter to United States Embassy in Bogota, Colombia Regarding Plaintiffs' Visa Applications and Case Status by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Collingsworth, Terrence) Modified on 3/3/2011 (AVC). |
Filing 133 TEXT ORDER - In light of the hearing scheduled in this case on March 8, 2011 (Doc. #130), the deadline within which requests for letters rogatory shall be filed is EXTENDED to March 14, 2011. Signed by Judge R David Proctor on 03/03/11. (SFR, ) |
Filing 132 RESPONSE in Opposition re #129 MOTION for Reconsideration re #113 Order on Motion to Dismiss, #30 Memorandum Opinion, #112 Memorandum Opinion, #31 Order on Motion to Dismiss, MOTION for Reconsideration re #113 Order on Motion to Dismiss, #30 Memorandum Opinion, #112 Memorandum Opinion, #31 Order on Motion to Dismiss, filed by James Atkins. (Clark, John) |
Filing 131 RESPONSE in Opposition re #129 MOTION for Reconsideration re #113 Order on Motion to Dismiss, #30 Memorandum Opinion, #112 Memorandum Opinion, #31 Order on Motion to Dismiss, MOTION for Reconsideration re #113 Order on Motion to Dismiss, #30 Memorandum Opinion, #112 Memorandum Opinion, #31 Order on Motion to Dismiss, filed by Drummond Company, Inc, Drummond Ltd. (Attachments: #1 Exhibit A)(Davis, William) |
Filing 130 NOTICE of Hearing #81 MOTION to Dismiss, #129 MOTION for Reconsideration re #113 Order on Motion to Dismiss, #30 Memorandum Opinion, #112 Memorandum Opinion, #31 Order on Motion to Dismiss, MOTION for Reconsideration re #113 Order on Motion to Dismiss, #30 Memorandum Opinion, #112 Memorandum Opinion, #31 Order on Motion to Dismiss,, #125 MOTION for Protective Order, #78 MOTION to Dismiss for Lack of Jurisdiction, #109 MOTION to Dismiss for Lack of Jurisdiction: Motion Docket set for 3/8/2011 beginning at 9:00 AM in CR 7-A at the Hugo L Black US Courthouse, in Birmingham, AL before Judge R David Proctor. (KLL) |
Filing 129 MOTION for Reconsideration re #113 Order on Motion to Dismiss, #30 Memorandum Opinion, #112 Memorandum Opinion, #31 Order on Motion to Dismiss, by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Exhibit 1 (Plaintiffs' Third Amended Complaint), #2 Exhibit 2 (Cover Letter to Defendants), #3 Text of Proposed Order)(Collingsworth, Terrence) |
Filing 128 REPLY to Response to Motion re #125 MOTION for Protective Order filed by Drummond Company, Inc, Drummond Ltd. (Davis, William) |
Filing 127 Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion for Protective Order #125 by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Affidavit of Terrence Collingsworth, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Collingsworth, Terrence) Modified on 2/15/2011 (AVC). |
Filing 126 TEXT ORDER - The court has before it the informal request of Defendants Drummond Company, Inc. and Drummond Ltd. (the Drummond Defendants) for a week long extension of time within which to file requests for letters rogatory. The deadline which Defendants seek to extend, February 28, 2011, is contained in the Report of Parties' Planning Meeting (Doc. #74). No order has been entered by the court pursuant to the Report of Parties' Planning Meeting (Doc. #74) because of the pending motions to dismiss (Docs. #78, 81, 109). However, the court recognizes that the parties have been diligently following the deadlines contained in the Report of the Parties' Planning Meeting. Therefore, because the informal request is unopposed, and for good cause shown, the deadline within which requests for letters rogatory shall be filed is extended to March 7, 2011. The court recognizes that this deadline may need to be extended at a later date due to the current procedural posture of this case. Signed by Judge R David Proctor on 02/09/11. (SFR, ) |
Filing 125 MOTION for Protective Order by Drummond Company, Inc, Drummond Ltd. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Davis, William) |
Filing 124 TEXT ORDER - The court has before it the informal request of Plaintiffs for an extension of time within which to file their Amended Complaint in accordance with this court's holding on January 6, 2011 (Docs. #112, 113). Because Plaintiffs have represented to the court that their informal motion is unopposed, and for good cause shown, the informal motion is GRANTED. Plaintiffs have until February 23, 2011 to file an amended complaint or other responsive pleading. Signed by Judge R David Proctor on 02/04/11. (SFR, ) |
Filing 123 REPLY to Response to Motion re #109 MOTION to Dismiss for Lack of Jurisdiction filed by Alfredo Araujo. (Davis, William) |
Filing 122 TEXT ORDER-Upon consideration of the Plaintiffs' Consent Motion to Coordinate Date for Filing Third Amended Complaint, it is hereby ORDERED that the January 31, 2011 deadline in 4 C of the Joint Report of the Parties' Planning Meeting (Doc. #74) is VACATED, and it is further ORDERED that Plaintiffs' Motion is GRANTED. Plaintiffs shall have until Monday, February 7, 2011, to file their Third Amended Complaint that adds new parties and complies with the Courts January 6, 2011 Order to remove non-representative Plaintiffs. Signed by Judge R David Proctor on 1/25/2011. (AVC) |
Filing 121 CONSENT MOTION to Coordinate Date for Filing Third Amended Complaint by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Text of Proposed Order)(Collingsworth, Terrence) Modified on 1/24/2011 (AVC). |
Filing 120 TEXT ORDER - The court has before it Defendant Alfredo Araujo's Unopposed Motion for Extension of Time and Page Limitation (Doc. #115) filed on January 13, 2011. For good cause shown, the motion (Doc. #115) is GRANTED. Araujo's reply in support of his motion to dismiss SHALL be filed by January 25, 2011 and is not to exceed 15 pages. Signed by Judge R David Proctor on 01/14/11. (SFR, ) |
Filing 119 TEXT ORDER - The court has before it Plaintiffs' Motions to Appear Pro Hac Vice (Docs. #116, 117, 118) filed by Garve Ivey Jr., counsel of record for Plaintiffs in this action, on behalf of Eric Hager, Michael R. Hugo, and Gary P. Falkowitz. The pro hac vice fees have been paid, and Eric Hager, Michael R. Hugo, and Gary P. Falkowitz have each submitted Certificates of Good Standing. Therefore, the Motions (Docs. #116, 117, 118) are GRANTED. Signed by Judge R David Proctor on 01/14/11. (SFR, ) |
Filing 118 MOTION for Leave to Appear Pro Hac Vice of Gary Falkowitz by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Exhibit Declaration of Falkowitz, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order)(Ivey, Garve) |
Filing 117 MOTION for Leave to Appear Pro Hac Vice of Michael R. Hugo by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Exhibit Declaration of Hugo, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order Granting PHV)(Ivey, Garve) |
Filing 116 MOTION for Leave to Appear Pro Hac Vice by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Exhibit Declaration by Eric Hager, #2 Exhibit Certificate of Good Standing Hager, #3 Text of Proposed Order Proposed Order)(Ivey, Garve) |
Filing 115 UNOPPOSED Motion for Extension of Time and Page Limitation by Alfredo Araujo. (Davis, William) Modified on 1/13/2011 (AVC). |
PHV Fee paid: $50, Receipt# 1126-1315735 (ALND# B4601019128) (Ivey, Garve) Modified on 1/14/2011 (AVC). |
PHV Fee paid: $ 50.00, Receipt# 1126-1315732 (ALND# B4601019127) (Ivey, Garve) Modified on 1/14/2011 (AVC). |
PHV Fee paid: $50, Receipt# 1126-1315736 (ALND# B4601019129). (Ivey, Garve) Modified on 1/14/2011 (AVC). |
Filing 114 RESPONSE in Opposition re #109 MOTION to Dismiss for Lack of Jurisdiction filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Collingsworth, Terrence) |
Filing 113 ORDER pursuant to the memo opn, granting #62 Motion for partial Dismissal; The 357 Plaintiffs named in the Second Amended Complaint who explicitly state that they do not act as legal representatives of the decedents estates are hereby DISMISSED from this lawsuit. Plaintiffs are DIRECTED to file a Third Amended Complaint within 30 days. Signed by Judge R David Proctor on 1/6/2011. (KAM, ) |
Filing 112 MEMORANDUM OPINION. Signed by Judge R David Proctor on 1/6/2011. (KAM, ) |
Filing 111 TEXT ORDER- The court has before it Plaintiffs' Unopposed Motion for Extension of Time to Respond to Defendant Alfredo Araujo's Motion to Dismiss the Second Amended Complaint (Doc. #110) filed December 27, 2010. As the motion (Doc. #110) is unopposed, and for good cause shown, it is GRANTED. Plaintiffs SHALL file their response to Defendant Alfredo Araujo's Motion to Dismiss the Second Amended Complaint by January 12, 2011. Signed by Judge R David Proctor on 12/28/2010. (AVC) |
Filing 110 MOTION for Extension of Time TO RESPOND TO DEFENDANT ALFREDO ARAUJO'S MOTION TO DISMISS THE SECOND AMENDED COMPLAINT by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Text of Proposed Order)(Collingsworth, Terrence) |
Filing 109 MOTION to Dismiss for Lack of Jurisdiction by Alfredo Araujo. (Attachments: #1 Exhibit 1)(Davis, William) |
Filing 108 TEXT ORDER - The court has before it the Motion for Entry of Default as to Alfredo Araujo (Doc. #104) filed by Plaintiffs on December 8, 2010, as well as the Notice of Filing English Translation of Summons Returned Executed as to Alfredo Araujo (Doc. #105) and Defendant Alfredo Araujo's Opposition to Plaintiff's Motion for Default (Doc. #106). On December 13, 2010, Plaintiffs filed an unopposed Notice of Withdrawal of Motion for Default Regarding Defendant Araujo (Doc. #107). The Notice is approved, and the clerk is DIRECTED to ADMINISTRATIVELY TERMINATE the Motion for Entry of Default as to Alfredo Araujo (Doc. #104). Signed by Judge R David Proctor on 12/14/10. (SFR, ) |
Filing 107 NOTICE by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez of Withdrawal of Motion for Default regarding Defendant, Araujo (Ivey, Garve) |
Filing 106 RESPONSE in Opposition re #104 MOTION for Entry of Default as to Alfredo Araujo filed by Alfredo Araujo. (Attachments: #1 Exhibit 1)(Davis, William) |
Filing 105 NOTICE by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez Notice of Filing English Translation of Summons Returned Executed as to Alfredo Araujo (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Collingsworth, Terrence) |
Filing 104 MOTION for Entry of Default as to Alfredo Araujo by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Text of Proposed Order)(Collingsworth, Terrence) |
Filing 103 SUMMONS Returned Executed by Hugo Alberto Quintero Gutierrez, Christian A Roca Balcero, Claudia Balcero Giraldo, Sebastian J Roca Balcero, Jane Doe, Paulina Cecilia Gutierrez Mejia, Peter Doe. Alfredo Araujo served on 9/22/2010, answer due 10/23/2010. (Collingsworth, Terrence) Modified on 12/8/2010 (AVC). |
Set/Reset Deadlines: Alfredo Araujo answer due 10/23/2010. (AVC) |
Filing 102 TEXT ORDER - The court has before it Defendants Drummond Company, Inc., Drummond Ltd., and Augusto Jimenez's Motions for Admission Pro Hac Vice (Docs. #100, 101) filed by William A. Davis, III, counsel of record for Defendants in this action, on behalf of Sheila J. Kadagathur and David A. Super. The pro hac vice fees have been paid, and Sheila J. Kadagathur and David A. Super have submitted Certificates of Good Standing. Therefore, the Motions (Docs. #100, 101) are GRANTED. Signed by Judge R David Proctor on 11/02/10. (SFR, ) |
Filing 101 MOTION for Leave to Appear Pro Hac Vice David A. Super by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez. (Attachments: #1 Exhibit Certificate of Good Standing)(Davis, William) |
Filing 100 MOTION for Leave to Appear Pro Hac Vice Sheila Kadagathur by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez. (Attachments: #1 Exhibit Certificate of Good Standing)(Davis, William) |
PHV Fee paid: $50, Receipt# 1126-1275494 (ALND# B4601016977). (Davis, William) Modified on 11/2/2010 (AVC). |
PHV Fee paid: $50, Receipt# 1126-1275511(ALND# B4601016978). (Davis, William) Modified on 11/2/2010 (AVC). |
Filing 99 REPLY to Response to Motion re #81 MOTION to Dismiss filed by Augusto Jimenez. (Davis, William) |
Filing 98 REPLY Brief filed by Defendant James Atkins re: #78 MOTION to Dismiss for Lack of Jurisdiction, #91 Response in Opposition to Motion, #79 Brief, #87 Brief, #80 Evidentiary Material, #55 Amended Complaint, 97 Order on Motion for Extension of Time,, Order on Motion for Leave to File Excess Pages, In Support Of filed by James Atkins. (Clark, John) |
Filing 97 TEXT ORDER - The court has before it Defendants' Augusto Jimenez' and James Adkins' Motion for Extension of Time and Page Limitation (Doc. #95) filed October 14, 2010. As the Motion (Doc. #95) is unopposed, and for good cause shown, it is GRANTED. Defendants shall file their replies in further support of their Motions (Docs. #78, 81) to Dismiss by October 25, 2010. Said replies shall not exceed 20 pages. Signed by Judge R David Proctor on 10/14/10. (SFR, ) |
Filing 96 TEXT ORDER - The court has before it Plaintiffs' Motion to Appear Pro Hac Vice (Doc. #94) filed by Garve Ivey, counsel of record for Plaintiffs in this action, on behalf of Peter J. Cambs. The pro hac vice fee has been paid and Peter J. Cambs has submitted a Declaration in Support of Motion to Appear Pro Hac Vice. Therefore, the Motion (Doc. #94) is GRANTED. Signed by Judge R David Proctor on 10/14/10. (SFR, ) |
Filing 95 Defendants Augusto Jimenez and James Adkins' Motion for Extension of Time and Page Limitation by Augusto Jimenez. (Davis, William) Modified on 10/14/2010 (AVC). |
Filing 94 MOTION for Limited Admission (Pro Hac Vice) by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Exhibit Declaration of Cambs, #2 Exhibit Proposed Order)(Ivey, Garve) |
Filing 93 NOTICE of Service of Discovery by James Atkins (Attachments: #1 Exhibit Rule 26 Initial Disclosures)(Clark, John) Modified on 10/14/2010 (AVC). |
PHV Fee paid for Attorney Peter J. Cambs: $50.00, Receipt# B4601016449. (AVC) |
Filing 92 Defendant Augusto Jimenez' Notice of Intent to be Bound by Stipualted Protective Order #89 by Augusto Jimenez (Davis, William) Modified on 10/13/2010 (AVC). |
Filing 91 RESPONSE in Opposition re #78 MOTION to Dismiss for Lack of Jurisdiction, #81 MOTION to Dismiss Defendants Adkins and Jimenez filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Affidavit of Terrence Collingsworth in support thereof, #2 Exhibit A to Collingsworth Decl., #3 Exhibit B to Collingsworth Decl.)(Collingsworth, Terrence) |
Filing 90 Defendant James L. Adkins Notice of Intent to be Bound by Stipulated Protective Order #89 by James Atkins (Clark, John) Modified on 10/12/2010 (AVC). |
Filing 89 STIPULATED PROTECTIVE ORDER. Signed by Judge R David Proctor on 10/8/2010. (AVC) |
Filing 88 Consent MOTION for Entry of Stipulated Protective Order by Drummond Company, Inc, Drummond Ltd. (Attachments: #1 Text of Proposed Order Stipulated Protective Order)(Davis, William) Modified on 10/7/2010 (AVC). |
Filing 87 Brief re #78 MOTION to Dismiss for Lack of Jurisdiction, #79 Brief, #80 Evidentiary Material, Amended Brief to Correct TOC and TOA. (Rogers, Bruce) |
Filing 86 MOTION for Leave to Appear Pro Hac Vice for Peter Cambs by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Hugo Alberto Quintero Gutierrez. (Cambs, Peter) Modified on 10/5/2010 (AVC). |
Filing 85 NOTICE of Supplemental Authority in Support of Motion to Dismiss #81 by James Atkins. (Attachments: #1 Exhibit Authority)(Rogers, Bruce) Modified on 9/23/2010 (AVC). |
Filing 84 TEXT ORDER- The court has before it the Motion to Withdraw (Doc. #83) filed by Paul F. Enzinna, one of the counsel of record for Defendants Drummond Company, Inc., Drummond Ltd., and Augusto Jiminez, on September 22, 2010. For good cause shown, and because Defendants Drummond Company, Inc., Drummond Ltd., and Augusto Jiminez continue to be represented by other counsel, the Motion to Withdraw (Doc. #83) is GRANTED. Signed by Judge R David Proctor on 9/22/2010. (AVC) |
Filing 83 MOTION to Withdraw as Attorney by Paul F. Enzinna by Drummond Company, Inc, Drummond Ltd, Augusto Jimenez. (Wells, Huey) |
Filing 82 TEXT ORDER-The court has before it the oral motion of Plaintiffs for an extension of time and page limits within which to respond to Defendant James Atkins' Motion to Dismiss (Doc. #78) and Defendant Augusto Jiminez' Motion to Dismiss (Doc. #81). For good cause shown, and as there is no opposition from Defendants, the oral motion is GRANTED. Plaintiffs SHALL respond to the motions (Docs. #78, 81) by October 12, 2010. Said responses SHALL NOT EXCEED 45 pages. Signed by Judge R David Proctor on 9/22/2010. (AVC) |
Filing 81 MOTION to Dismiss by Augusto Jimenez. (Davis, William) |
Filing 80 Evidentiary Material re: #79 Brief, #78 MOTION to Dismiss for Lack of Jurisdiction in support of. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Rogers, Bruce) |
Filing 79 Brief re #78 MOTION to Dismiss for Lack of Jurisdiction Memorandum of Law in Support of Motion to Dismiss. (Rogers, Bruce) |
Filing 78 MOTION to Dismiss for Lack of Jurisdiction by James Atkins. (Rogers, Bruce) |
Filing 77 AFFIDAVIT in Response to the Court's Inquiry Regarding Colombian Law by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Exhibit A)(Collingsworth, Terrence) |
Filing 76 AFFIDAVIT in Response to the Court's Inquiry Regarding Colombian Law by Drummond Company, Inc, Drummond Ltd. (Attachments: #1 Exhibit A)(Davis, William) |
Filing 75 TEXT ORDER -The court has been orally informed that Defendant James Atkins seeks to enlarge the number of pages within which to respond to Plaintiffs' Second Amended Complaint. The oral motion for extension of the page limitations is GRANTED. Said response SHALL NOT EXCEED 50 pages. Signed by Judge R David Proctor on 9/2/2010. (AVC) |
Filing 74 REPORT of Rule 26(f) Planning Meeting. (Rogers, Bruce) |
Filing 73 TEXT ORDER - The conference call, previously set for Monday, August 16, 2010 at 10:00 a.m. is hereby RESCHEDULED for Thursday, August 19, 2010 at 9:00 a.m. The court will initiate the call. Counsel SHALL e-mail chambers at Proctor_Chambers@alnd.uscourts.gov by no later than 12:00 p.m. on Wednesday, August 18, 2010 with a telephone number they can be reached at on August 19. Signed by Judge R David Proctor on 08/06/10. (SFR, ) |
Filing 72 TEXT ORDER - Having been informed that the parties desire a conference with the court, this matter is SET for a TELEPHONE CONFERENCE on Monday, August 16, 2010 at 10:00 a.m. The court will initiate the call. Counsel SHALL e-mail chambers at Proctor_Chambers@alnd.uscourts.gov by no later than 12:00 p.m. on Friday, August 13, 2010 with a telephone number they can be reached at on August 16. Signed by Judge R David Proctor on 08/05/10. (SFR, ) |
Filing 71 TEXT ORDER - The court has before it Defendant Augusto Jiminez' Unopposed Motion for Extension of Time to Respond to the Second Amended Complaint (Doc. # 70) filed on July 30, 2010. Although no proof of service has been filed with the court, Jiminez was reportedly served with a summons and the Second Amended Complaint on July 7, 2010. For good cause shown, the Motion for Extension of Time (Doc. # 70) is GRANTED. Jimenez SHALL file his reponse to the Second Amended Complaint by September 15, 2010. Signed by Judge R David Proctor on 08/02/10. (SFR, ) |
Filing 70 Unopposed MOTION for Extension of Time to File Answer re #55 Amended Complaint by Augusto Jimenez. (Attachments: #1 Exhibit 1)(Davis, William) Modified on 7/30/2010 (AVC). |
Filing 69 REPLY to Response to Motion re #62 MOTION to Dismiss Partial Motion to Dismiss filed by Drummond Company, Inc, Drummond Ltd. (Davis, William) |
PHV Fee paid: $100.00, Receipt# B4601014192, for Thomas E. Wilson and Laina C. Lopez. (AVC) |
Filing 68 ORDER conditionally granting #67 Motion to admit Thomas E. Wilson and Laina C. Lopez pro hac vice; attys Wilson and Lopez have until 7/21/10 to each pay filing fee of $50.00. Signed by Judge R David Proctor on 7/16/10. (ASL ) |
Filing 67 MOTION for Leave to Appear Pro Hac Vice Wilson and Lopez by James Atkins. (Attachments: #1 Exhibit Ex A - Wilson Certificate, #2 Exhibit Ex B - Lopez Certificate)(Rogers, Bruce) |
Filing 66 NOTICE of Appearance by John W Clark, IV on behalf of James Atkins (Clark, John) |
Filing 65 RESPONSE in Opposition re #62 MOTION to Dismiss Partial Motion to Dismiss filed by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Affidavit of Terrence Collingsworth, #2 Exhibit 1 to Collingsworth Decl., #3 Exhibit 2 to Collingsworth Decl., #4 Exhibit 3 to Collingsworth Decl.)(Collingsworth, Terrence) |
Filing 64 TEXT ORDER - The court has before it Defendants' Motion for Partial Dismissal (Doc. #62) filed by Drummond Company, Inc. and Drummond Ltd. on June 28, 2010. The parties SHALL brief the issues raised by Defendants' Motion (Doc. #62) in accordance with "Exhibit B," which was originally attached to the order (Doc. #15) entered on July 21, 2009. Plaintiffs' responsive submission(s) shall be filed no later than July 13, 2010. Defendants' reply submission(s) shall be filed no later than July 20, 2010. Signed by Judge R David Proctor on 06/29/10. (SFR, ) |
Filing 63 ANSWER to Amended Complaint by Drummond Company, Inc, Drummond Ltd.(Davis, William) |
Filing 62 MOTION for Partial Dismissal by Drummond Company, Inc, Drummond Ltd. (Davis, William) Modified on 6/28/2010 (AVC, ). |
Filing 61 Summons Reissued, also Letters of Rogatory issued pursuant to Order as to Alfredo Araujo & Augusto Jimenez; delivered to plaintiff for international service. (AVC) |
Filing 60 ORDER-Having been informed that Form B of Exhibits A and B to Plaintiffs' Motion for Issuance of Letters Rogatory (Doc. #57) contained a typographical error, the court hereby DIRECTS that the Clerk of Court sign and stamp the corrected Letters of Rogatory, found in document 59, with this Court's official seal as the issuing judicial authority. Signed by Judge R David Proctor on 6/22/10. (AVC) |
Filing 59 NOTICE by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez OF FILING CORRECTED EXHIBITS TO PLAINTIFFS' MOTION FOR ISSUANCE OF LETTERS ROGATORY (DKT. 57) (Attachments: #1 Exhibit A (Corrected), #2 Exhibit B (Corrected))(Collingsworth, Terrence) |
Filing 58 ORDER-Upon consideration of Plaintiffs' Motion for Issuance of Letters of Rogatory For Service of Foreign Defendants, it is hereby ORDERED that Plaintiffs' Motion is GRANTED; and it is further ORDERED that the Clerk of Court shall sign and stamp Plaintiffs' Letters of Rogatory with thisCourt's official seal as the issuing judicial authority. Signed by Judge R David Proctor on 6/21/10. (AVC) |
Filing 57 MOTION for Issuance of Letters Rogatory by Christian A Roca Balcero, Sebastian J Roca Balcero, Claudia Balcero Giraldo, Paulina Cecilia Gutierrez Mejia, Jane Doe, Peter Doe, Hugo Alberto Quintero Gutierrez. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Collingsworth, Terrence) |
Filing 56 NOTICE by Claudia Balcero Giraldo, Jane Doe, Peter Doe OF FILING AMENDED CAPTION (Attachments: #1 Exhibit A)(Collingsworth, Terrence) |
Filing 55 AMENDED COMPLAINT Plaintiffs' Second Amended Complaint against Alfredo Araujo, James Atkins, Drummond Company, Inc, Drummond Ltd, Augusto Jimenez, filed by Jane Doe, Peter Doe. (Attachments: #1 Exhibit A)(Collingsworth, Terrence) |
Filing 54 ORDER Having been informed that Plas intend on filing a 2nd Amended Complaintby June 14, 2010, the court hereby EXTENDS the time which Defts may respond to June 28, 2010. If any substantive changes are made in the Second Amended Complaint, Plas are DIRECTED to disclose those to Defts. The parties are to proceed promptly with fulfilling their duties under Federal Rule ofCivil Procedure 26(f) and Local Rule LR 26.1(d), as set out by the ALND Uniform Initial OrderGoverning All Further Proceedings (Doc. #16) entered in this case on July 21, 2009. In addition, the Rule 26 report SHALL contain a discovery plan re: unserved named Defts. In particular,(1) proceed with administrative and such other discovery as would not prejudice the unserved Defts; (2) sever the unserved Defts from the current case and re-join them at such time as may be appropriate; or (3) dismiss the unservedDefts without prejudice from this case.. Signed by Judge R David Proctor on 5/24/2010. (KAM, ) |
Minute Entry for proceedings held before Judge R David Proctor: Status Conference held on 5/24/2010. Counsel present for plaintiffs and defendants. The Court will enter a separate order. (Court Reporter Anita McCorvey.) (KLL) |
PHV Fee paid: $150, receipt# B4601012473, for attorneys Paul Enzinna, Sara Kropf, and Rachel Cochran. (AVC) |
Filing 53 TEXT ORDER -This case is SET for a status conference for Monday, May 24, 2010 at 9:00a.m. The conference will take place in chambers and will be recorded by a court reporter. The parties shall be prepared to discuss Plaintiffs' response to the court's show cause order entered on April 30, 2010. Signed by Judge R David Proctor on 5/17/10. (AVC) |
Filing 52 ORDER-This matter is before the court on the Motions for Leave to Appear Pro Hac Vice #49 , #50 , & #51 . The Motions are CONDITIONALLY GRANTED. Attorneys Enzinna, Kropf, and Cochran have until May 19, 2010, to each pay the filing fee of $50.00. Signed by Judge R David Proctor on 5/14/10. (AVC) |
Filing 51 MOTION for Leave to Appear Pro Hac Vice for Rachel Cochran by Drummond Company, Inc, Drummond Ltd. (Attachments: #1 Exhibit Certificate of Good Standing for Rachel Cochran)(Davis, William) |
Filing 50 MOTION for Leave to Appear Pro Hac Vice for Sara Kropf by Drummond Company, Inc, Drummond Ltd. (Attachments: #1 Exhibit Certificate of Good Standing for Sara Kropf)(Davis, William) |
Filing 49 MOTION for Leave to Appear Pro Hac Vice for Paul F. Enzinna by Drummond Company, Inc, Drummond Ltd. (Attachments: #1 Exhibit Certificate of Good Standing for Paul Enzinna)(Davis, William) |
Filing 48 RESPONSE TO ORDER TO SHOW CAUSE by Jane Doe, Peter Doe. (Attachments: #1 Affidavit of Terrence Collingsworth in support thereof, #2 Exhibit A to Collingsworth Decl, #3 Exhibit B to Collingsworth Decl)(Collingsworth, Terrence) |
Filing 47 TEXT ORDER - The court has before it the oral unopposed motion of Defendants Drummond Company, Inc. and Drummond Ltd. ("Defendants") for an extension of time to file an Answer to the Amended Complaint. The oral motion is GRANTED. Defendants SHALL file an Answer to the Amended Complaint on or before May 28, 2010. Signed by Judge R David Proctor on 05/03/10. (SFR, ) |
Filing 46 ORDER TO SHOW CAUSE court DIRECTS pla to SHOW CAUSE in writing on or before Friday, May 14, 2010, why this action should not be dismissed against dfts Augusto Jimenez, Alfredo Araujo, and James Atkins. Signed by Judge R David Proctor on 4/29/10. (ASL) |
Filing 45 MEMORANDUM OPINION AND ORDER denying #2 plas' MOTION for Leave to Proceed Using Pseudonyms; plas SHALL identify themselves within forty-five (45) days of the date of this order, failure to make such identification WILL result in plas' dismissal from this action. Signed by Judge R David Proctor on 4/30/10. (ASL) |
Filing 44 ORDER pursuant to the memorandum opinion, granting in part and denying in part #37 Motion to Dismiss, as set out; dfts are DIRECTED to file an answer to the remaining portions of the First Amended Complaint in accordance with the Federal Rules of Civil Procedure. Signed by Judge R David Proctor on 4/30/10. (ASL) |
Filing 43 MEMORANDUM OPINION. Signed by Judge R David Proctor on 4/30/10. (ASL) |
Filing 42 NOTICE by Drummond Company, Inc, Drummond Ltd re #14 Response in Opposition to Motion of Supplemental Authority in Support of Defendants' Opposition to Plaintiffs' Motion for Leave to Proceed Using Pseudonyms (Attachments: #1 Exhibit A)(Davis, William) |
Filing 41 REPLY to Response to Motion re #37 MOTION to Dismiss the First Amended Complaint filed by Drummond Company, Inc, Drummond Ltd. (Davis, William) |
Filing 40 TEXT ORDER - The court has before it the oral motion of Defendants Drummond Company, Inc. and Drummond Ltd. for an extension of the page limitation applicable to their reply brief on the pending Motion to Dismiss the First Amended Complaint (Doc. #37). As the motion is unopposed, it is GRANTED. Defendants SHALL file a reply brief, not to exceed fifteen (15) pages, by March 5, 2010. Signed by Judge R David Proctor on 03/03/10. (SFR, ) |
ORDER The court has before it Defendants Drummond Company, Inc. and Drummond Ltd.'s Motion for Extension of Time to Reply to Plaintiffs' Response in Opposition to Defendants' Motion to Dismiss the First Amended Complaint (Doc. #39) filed on February 17, 2010. Plaintiffs have opposed the Motion (Doc. #39), notwithstanding the fact that Plaintiffs requested and were granted an extension of time to file their opposition brief with respect to the Motion to Dismiss. This is not the first occasion when a party in this case has wholly ignored the Golden Rule. Defendants previously opposed Plaintiffs' extension of time to file their opposition. It is past time for the scorched- earth, unprofessional litigation tactics to stop - on both sides. Turning to the merits of the request, the court acknowledges that the issues presented by the Motion to Dismiss (Doc. #37 ) are significant and require careful consideration. For these reasons, the Motion for Extension of Time (Doc. #39 ) is GRANTED. Defendants SHALL file their reply brief no later than March 5, 2010." Signed by Judge R David Proctor on 2/18/2010. (KSS, ) |
Filing 39 MOTION for Extension of Time to Reply to Plaintiffs' Response in Opposition to Defendants' Motion to Dismiss the First Amended Complaint by Drummond Company, Inc, Drummond Ltd. (Davis, William) |
Filing 38 RESPONSE in Opposition re #37 MOTION to Dismiss the First Amended Complaint filed by Jane Doe, Peter Doe. (Attachments: #1 Affidavit of Terrence Collingsworth in support thereof, #2 Exhibit A to Collingsworth Decl, #3 Exhibit B to Collingsworth Decl, #4 Exhibit C to Collingsworth Decl, #5 Exhibit D to Collingsworth Decl, #6 Exhibit E to Collingsworth Decl, #7 Exhibit F to Collingsworth Decl, #8 Exhibit G to Collingsworth Decl, #9 Exhibit H to Collingsworth Decl, #10 Exhibit I to Collingsworth Decl)(Collingsworth, Terrence) |
Filing 37 MOTION to Dismiss the First Amended Complaint by Drummond Ltd, Drummond Company, Inc. (Davis, William) |
Filing 36 MOTION for Extension of Time to File Response/Reply to Defendant's Motion to Dismiss Amended Complaint by Jane Doe, Peter Doe. (Ivey, Garve) |
ORDER - granting #36 Motion for Extension of Time to File Response/Reply Responses due by 2/15/2010. Signed by Judge R David Proctor on 01/07/10. (SFR, ) |
TEXT ORDER - The court has been orally informed that Defendants Drummond Company Inc. and Drummond Ltd. ("Defendants"), with no opposition from Plaintiffs, seek to enlarge the number of pages allowed to respond to Plaintiffs' Amended Complaint. The oral motion for extension of the page limitation is GRANTED. Defendants SHALL file a response to the Amended Complaint by January 8, 2010. Said response shall not exceed 35 pages. Signed by Judge R David Proctor on 01/04/10. (SFR, ) |
TEXT ORDER - The court has been orally informed that Defendants Drummond Company Inc. and Drummond Ltd. ("Defendants"), under opposition from Plaintiffs, seek an extension of time to respond to Plaintiffs' Amended Complaint, which was filed (after the court granted an extension for that filing) on December 4, 2009. The oral motion for extension of time is GRANTED. Defendants SHALL file a response to the Amended Complaint by January 8, 2010. Signed by Judge R David Proctor on 12/08/09. (SFR, ) |
Filing 35 AMENDED COMPLAINT against all defendants, filed by Jane Doe, Peter Doe. (Attachments: #1 Exhibit A)(Collingsworth, Terrence) |
Filing 34 TEXT ORDER - The court has before it the November 17, 2009 opposed Motion for Enlargement of Time (Doc. #32) filed by one of the counsel for Plaintiffs. The Motion (Doc. #32) seeks a month-long extension of time for Plaintiffs to file an amended complaint, and was filed only two days before any amended complaint was due to be filed in accordance with this court's order (Doc. #31) dated November 9, 2009. While it may be the case that "lead counsel" (whoever that may be) is currently out of the country, Plaintiffs in this case are represented by four attorneys. The court finds that it is reasonable for at least one of those counsel - who is in the country and capable of timely filing an amended complaint - to do so. Nevertheless, the court will allow a more reasonable extension of time for filing of the amended pleading. Therefore, the Motion for Enlargement of Time (Doc. #32) is GRANTED IN PART. The deadline for Plaintiffs to file their amended complaint is extended by fourteen (14) days. Signed by Judge R David Proctor on 11/18/09. (SFR, ) |
Filing 33 RESPONSE in Opposition re #32 MOTION for Extension of Time to Amend Complaint filed by Drummond Ltd, Drummond Company, Inc. (Davis, William) |
Filing 32 MOTION for Extension of Time to Amend Complaint by Jane Doe, Peter Doe. (Ivey, Garve) |
Filing 31 ORDER pursuant to the memorandum opinion, the #13 Motion to Dismiss is GRANTED as to plas' wrongful death claims based on Columbian law, but the motion is otherwise DENIED WITHOUT PREJUDICE, plas' request for leave to amend the complaint is GRANTED, amendment SHALL be filed by 11/20/2009, any amended allegations SHALL be clearly delineated in amd comp, the Clerk is DIRECTED to TRANSFER this case to Southern Division of the NDAL. Signed by Judge R David Proctor on 11/9/2009. (KSS, ) |
Filing 30 MEMORANDUM OPINION. Signed by Judge R David Proctor on 11/9/2009. (KSS, ) |
Filing 29 RESPONSE to re #28 DRUMMOND DEFENDANTS' NOTICE OF SUPPLEMENTAL AUTHORITY filed by Jane Doe, Peter Doe. (Collingsworth, Terrence) |
Filing 28 NOTICE by Drummond Ltd, Drummond Company, Inc re #13 MOTION to Dismiss Supplemental Authority (Attachments: #1 Exhibit A, #2 Exhibit B)(Davis, William) |
Filing 27 NOTICE of Change of Address by Terrence P Collingsworth (Collingsworth, Terrence) |
Filing 26 RESPONSE to re #25 Plaintiffs' Notice of Supplemental Factual Material filed by Drummond Ltd, Drummond Company, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Davis, William) |
Filing 25 NOTICE by Jane Doe, Peter Doe of Supplemental Factual Material (Attachments: #1 Exhibit A, #2 Exhibit B)(Collingsworth, Terrence) |
Filing 24 REPLY to Response to Motion re #13 MOTION to Dismiss filed by Drummond Ltd, Drummond Company, Inc. (Davis, William) |
ORDER - This case is before the court on the Unopposed Motion for Leave to File Excess Pages (Doc. #23) filed by Drummond Company, Inc. and Drummond Ltd on September 9, 2009. For good cause shown, the motion (Doc. #23) is GRANTED. Defendants Drummond Company Inc. and Drummond Ltd. have leave of the court to file a 20-page reply brief in support of their motion to dismiss. Signed by Judge R David Proctor on 09/10/09. (SFR, ) |
Filing 23 Consent MOTION for Leave to File Excess Pages for Reply Brief by Drummond Ltd, Drummond Company, Inc. (Davis, William) |
Filing 22 NOTICE of Appearance by Philip G Piggott on behalf of Drummond Ltd, Drummond Company, Inc (Piggott, Philip) |
Filing 21 NOTICE of Appearance by Huey Thomas Wells, III on behalf of Drummond Ltd, Drummond Company, Inc (Wells, Huey) |
Filing 20 RESPONSE in Opposition re #13 MOTION to Dismiss filed by Jane Doe, Peter Doe. (Attachments: #1 Affidavit of Terrence Collingsworth, #2 Exhibit 1 of Collingsworth Declaration, #3 Exhibit 2 of Collingsworth Declaration, #4 Exhibit 3 of Collingsworth Declaration, #5 Exhibit 4 of Collingsworth Declaration, #6 Exhibit 5 of Collingsworth Declaration, #7 Exhibit 6 of Collingsworth Declaration)(Collingsworth, Terrence) |
Filing 19 REPLY to Response to Motion re #2 MOTION for Leave to Proceed Using Pseudonyms filed by Jane Doe, Peter Doe. (Attachments: #1 Affidavit Declaration Susana Tellez, #2 Exhibit A to Tellez Declaration, #3 Exhibit B to Tellez Declaration, #4 Exhibit C to Tellez Declaration, #5 Exhibit D to Tellez Declaration, #6 Exhibit E to Tellez Declaration, #7 Exhibit F to Tellez Declaration, #8 Exhibit G to Tellez Declaration, #9 Exhibit H to Tellez Declaration, #10 Exhibit I to Tellez Declaration)(Collingsworth, Terrence) |
Filing 18 ORDER that #17 Motion to appear pro hac vice for atty William H Jeffress, Jr is CONDITIONALLY GRANTED, atty Jeffress has until 7/29/09 to pay filing fee of $50.00. Signed by Judge R David Proctor on 7/24/09. (ASL ) |
PHV Fee paid: $ 50, receipt number B4601004058 for atty Jeffress (ASL ) |
Filing 17 MOTION for Leave to Appear Pro Hac Vice - William H. Jeffress, Jr. by Drummond Ltd, Drummond Company, Inc. (Attachments: #1 Exhibit A)(Davis, William) |
ORDER - Before the court is the parties informal motion for a modification of the briefing schedule. The Motion is GRANTED. Plaintiffs SHALL file their response to Defendants' Motion to Dismiss (Doc. #13) and Defendants' Opposition to Proceed Using Pseudonyms (Doc. #14) no later than August 28, 2009. Defendants' reply briefs are due September 11, 2009. Plaintiffs are also granted leave to file a brief of fifty-five (55) pages in their response to Defendants' Motion. Signed by Judge R David Proctor on 07/23/09. (SFR, ) |
Filing 16 UNIFORM INITIAL ORDER - with appendices attached. Signed by Judge R David Proctor on 7/21/2009. (KAM, ) |
Filing 15 ORDER that the parties shall brief the issued raised by #13 MOTION to Dismiss filed by Drummond Company, Inc, Drummond Ltd in accordance with "exhibit b" ; pla's response is due by 7/28/09; dft's reply is due by 7/31/09. Signed by Judge R David Proctor on 7/21/2009. (KAM, ) |
Filing 14 RESPONSE in Opposition re #2 MOTION for Leave to Proceed Using Pseudonyms filed by Drummond Ltd, Drummond Company, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Davis, William) |
Filing 13 MOTION to Dismiss by Drummond Ltd, Drummond Company, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Davis, William) |
Filing 12 MOTION for Leave to File Excess Pages by Drummond Ltd, Drummond Company, Inc. (Davis, William) |
ORDER granting #12 Motion for Leave to File Excess Pages. Signed by Judge R David Proctor on 7/17/2009. (KSS, ) |
Filing 11 ORDER granting #8 Motion for Leave for Terrenace Collingsworth to Appear Pro Hac Vice; granting #9 Motion for Leave for Natacha H Thys to Appear Pro Hac Vice; granting #10 Motion for Leave for William R Scherer to Appear Pro Hac Vice. Signed by Judge R David Proctor on 6/18/2009. (KSS, ) |
Filing 10 MOTION for Leave to Appear Pro Hac Vice - William R. Scherer by Jane Doe, Peter Doe. (Ivey, Garve) |
Filing 9 MOTION for Leave to Appear Pro Hac Vice - Natacha H. Thys by Jane Doe, Peter Doe. (Ivey, Garve) |
Filing 8 MOTION for Leave to Appear Pro Hac Vice - Terrence Collingsworth by Jane Doe, Peter Doe. (Ivey, Garve) |
PHV Fees paid: $ 50.00, receipt number B460100352; $ 50.00, receipt number B460100353; $ 50.00, receipt number B460100354. (KSS, ) |
ORDER - Before the court is Defendants' informal Motion for an Extension of Time to Answer or Otherwise Respond to the Complaint, which is unopposed. The Motion is GRANTED. Defendants shall file their answer or otherwise respond to the Complaint on or before July 20, 2009. Signed by Judge R David Proctor on 06/15/09. (SFR, ) |
Filing 7 Summons Returned Unexecuted as to Augusto Jimenez, Alfredo Araujo, James Atkins (refused). (KSS, ) |
Filing 6 SUMMONS Returned Executed as to Drummond Ltd served on 6/1/2009, answer due 6/22/2009; Drummond Company, Inc served on 6/1/2009, answer due 6/22/2009. (KSS, ) |
Filing 5 Summons Issued as to Drummond Ltd, Augusto Jimenez, Alfredo Araujo, James Atkins, Drummond Company, Inc., mailed certified mail. (KSS, ) |
Filing 4 Request for service by certified mail filed by Jane Doe, Peter Doe. (KSS, ) |
Filing 3 ORDER granting #2 Motion for Leave to Proceed Using Pseudonyms for purposes of allowing plas to serve the complaint, the granting of the motion is WITHOUT PREJUDICE to allow dfts to object to plas proceeding under pseudonyms. Signed by Judge R David Proctor on 5/28/2009. (KSS, ) |
Filing 2 MOTION for Leave to Proceed Using Pseudonyms and Memorandum in Support of by Jane Doe, Peter Doe. (KSS, ) |
Filing 1 COMPLAINT against all Defendants (Filing fee $ 350.00, receipt # B46010002429.), filed by Jane Doe, Peter Doe.(KSS, ) |
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