Magness Oil Company et al v. Mountain Express Oil Company et al
| Magness Family Limited Partnership LLP, M Properties LLC and Magness Oil Company |
| SCF RC Funding IV LLC and Mountain Express Oil Company |
| 3:2021cv00089 |
| May 5, 2021 |
| U.S. District Court for the Eastern District of Arkansas |
| Lee P Rudofsky |
| Contract: Other |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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This docket was last retrieved on May 10, 2021. A more recent docket listing may be available from PACER.
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| Filing 13 E-MAIL received from U.S. District Court Western District of Arkansas, confirming the case was received and opened in their district as case number 3:21-cv-03034. (jak) |
Filing 12
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER immediately transferring this civil action to the Western District of Arkansas. The Plaintiffs in this case are headquartered in Baxter County, which is within the Western District of Arkansas. Eight of the nine currently disputed properties are located in the Western District of Arkansas. Based on the record and today's hearing, it appears that a majority of the witnesses and relevant documents are located in the Western District of Arkansas. All parties consent to the transfer of this case to the Western District of Arkansas, and such a transfer is, in the Court's view, appropriate "[f]or the convenience of parties and witnesses" and "in the interest of justice." 28 U.S.C. 1404(a). There is a pending request for a Temporary Restraining Order and Preliminary Injunction. Accordingly, the Clerk is directed to immediately transfer this civil action to the Western District of Arkansas and to take all steps necessary to ensure the Clerk of Court in the Western District of Arkansas is apprised of the imminent need for attention to this matter. Signed by Judge Lee P. Rudofsky on 05/07/2021. (pgt)
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| Filing 11 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) CLERK'S MINUTES for proceedings held before Judge Lee P. Rudofsky:Motion Hearing held on 5/7/2021 re #3 MOTION for Temporary Restraining Order. Court heard arguments on venue and all parties consented to a 1404(a) venue transfer. (Plaintiffs: Richard Bennett and Philip Mischke; Defendants: James Scurlock and Kent Walker; Court Reporter: Elaine Hinson.) (hml) |
| Docket Note: Pursuant to 12 Order, this case is transferred to the U.S. District Court Western District of Arkansas on this date. (jak) |
| Filing 10 RESPONSE to Motion re #3 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by SCF RC Funding IV LLC. (Attachments: #1 Exhibit)(Walker, Kent) |
| Filing 9 MOTION to Dismiss or in the Alternative, Motion for Change of Venue by SCF RC Funding IV LLC (Walker, Kent) |
| Filing 8 NOTICE of Appearance by James Monroe Scurlock on behalf of Mountain Express Oil Company (Scurlock, James) |
| Filing 7 NOTICE of Appearance by Kent R. Walker on behalf of SCF RC Funding IV LLC (Walker, Kent) |
| Filing 6 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE of Telephone Hearing on #3 MOTION for Temporary Restraining Order: Motion Hearing set for 5/7/2021 at 3:00 PM before Judge Lee P. Rudofsky. (hml) |
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Filing 1
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER. The Court will be reaching out to parties' counsel this morning to schedule a telephone hearing on the TRO request for Friday, May 7, 2021. The Court has reviewed the Complaint, the Exhibits to the Complaint, the Motion, and the accompanying brief. The Court does not see harm occurring within the next day that has not already occurred within the last several weeks. At tomorrow's hearing, the Court will set a briefing schedule and hearing date in connection with the request for a preliminary injunction. In addition, at or after tomorrow's hearing, the Court will decide whether a TRO is appropriate as a stop-gap measure while the Court resolves the preliminary injunction request. At tomorrow's hearing, the Court will want to substantively discuss the TRO request. The Court will also want to discuss whether this case should be transferred to the Western District of Arkansas. In paragraph eight of the Complaint, Plaintiffs say that "venue is appropriate pursuant to 28 U.S.C. 1391 because all of the events or omissions giving rise to the claims contained herein occurred in Baxter County, Arkansas[,] where Plaintiffs' principle offices are located and in the numerous other Arkansas counties in which the properties in dispute are located." Baxter County is in the Western District of Arkansas. Eight of the nine so-called Disputed Stores are located in the Western District of Arkansas. It would appear at first glance that, under 28 U.S.C. 1391(b)(2), the Western District of Arkansas is the appropriate venue for this action. Plaintiffs' counsel must provide this Order immediately to Defendants' counsel, who have not yet entered an appearance in the case. Signed by Judge Lee P. Rudofsky on 05/06/2021. (pgt)
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| Filing 5 CERTIFICATE OF NOTICE OF FILING filed by M Properties LLC, Magness Oil Company, Magness Family Limited Partnership LLP. (wbb) |
| Filing 4 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S #3 MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUCTION filed by M Properties LLC, Magness Oil Company, Magness Family Limited Partnership LLP. (wbb) |
| Filing 3 PLAINTIFFS' MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION filed by M Properties LLC, Magness Oil Company, Magness Family Limited Partnership LLP. (wbb) |
| Filing 2 FIRST VERIFIED COMPLAINT FOR DECLARATORY JUDGMENT, TEMPORARY RESTRAINING ORDER, TEMPORARY AND PERMANENT INJUNCTIONS, AND MONEY DAMAGES against All Defendants filed by Magness Oil Company, Magness Family Limited Partnership LLP, & M Properties LLC. Fee $402; Receipt No. JON000956. Summons issued and returned to counsel for service. (Attachments: #1 Civil Cover Sheet)(wbb) |
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