May et al v. BHP Billiton Petroleum (Fayetteville) LLC
| Kenneth Joe May, Mary Ann May, Steve Snowden and Cindy Snowden |
| BHP Billiton Petroleum (Fayetteville) LLC |
| 4:2013cv00494 |
| August 23, 2013 |
| US District Court for the Eastern District of Arkansas |
| Little Rock Office |
| White |
| Kristine G. Baker |
| Other Contract |
| 28 U.S.C. ยง 1331 |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
226
ORDER: Bill of costs, 200 , mostly approved and partly declined. The Court directs the Clerk to tax costs of $14,075.31 for BHP against the Mays and the Snowdens, jointly and severally. Motions for attorney's fees and other expenses, 201 and 203 , denied. Signed by Judge D. P. Marshall Jr. on 8/15/2016. (jak)
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Filing
199
JUDGMENT for BHP Billiton Petroleum (Fayetteville) LLC against Kenneth and Mary Ann May, and for BHP Billiton Petroleum (Fayetteville) LLC against Steve and Cindy Snowden, on the jury's verdicts. The amended complaint, 47 , is dismissed with prejudice. As the prevailing party, BHP is also entitled to whatever reasonable costs, allowed by the governing law, that the Court may later award on motion filed by 27 April 2016. Signed by Judge D. P. Marshall Jr. on 4/13/2016. (jak)
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Filing
181
ORDER: The Court appreciates the timely exhibit copies. We'll go with thirty minute openings. BHP's renewed objections on damages issues are overruled for the reasons previously stated. The Court grants BHP a continuing objection on the dam ages issues so we don't have to keep covering this ground. The Court appreciates BHP's commitment not to argue that any damages award would result in a double recovery, 178 . With that promise, the Court agrees that no one should mention t he credit/equitable lien until the Court makes a final decision whether and, if so, how the jury should be informed. The Court appreciates the parties' new filings on evidentiary issues, 173 and 176 . Plaintiff's are entitled to offer ev idence about BHP's decision making - so the jury can decide if BHP was a reasonable and prudent operator of these leases. Plaintiff's must avoid the temptation to try a company wide case; they must stay within arms length of these three leases. The Court overrules BHP's objections about the 2012-2013 slow down, suspension, and stop in the Fayetteville Shale. Signed by Judge D. P. Marshall Jr. on 4/1/2016. (jak)
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Filing
174
ORDER pursuant to General Order 54, the Court authorizes Karen Turner to bring a cell phone, laptop computer, or personal digital assistant into the Richard Sheppard Arnold United States Courthouse in Little Rock on 1 April 2016 for final trial preparations in this case. Signed by Judge D. P. Marshall Jr. on 3/30/2016. (jak)
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Filing
171
ORDER authorizing expert witnesses George Hite, James Williams, and Robert McGowan to bring a cell phone, laptop computer, or personal digital assistant into the Richard Sheppard Arnold U.S. Courthouse in Little Rock on 4 through 8 April 2016 for a trial in this case. Signed by Judge D. P. Marshall Jr. on 3/29/2016. (jak)
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Filing
166
ORDER denying 158 Motion in Limine on the timeliness point. The Court reserves a ruling on the relevance, and unfair prejudice, of the recently produced documents. The Court also confirms the 30 March 2016 deadline. The parties should exchange final exhibits, and deliver one electronic and two hard copies to the Court, then. Signed by Judge D. P. Marshall Jr. on 3/28/2016. (jak)
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Filing
162
ORDER: Pursuant to General Order 54, the Court authorizes Raj Duvvuri, Esq. to bring a cell phone, laptop computer, or personal digital assistant into the Richard Sheppard Arnold United States Courthouse in Little Rock on 24 March 2016 for a hearing in this case. Signed by Judge D. P. Marshall Jr. on 3/23/2016. (jak)
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Filing
157
ORDER noting Micah Goodwin's appearance as additional counsel for BHP. Micah Goodwin's wife will start work as one of my law clerks in mid-August 2016. I do not believe this requires my recusal. If this case is still pending then, though, Micah Goodwin's wife will not do any work on it and will not be involved in my work on it in any way. Signed by Judge D. P. Marshall Jr. on 3/16/2016. (jak)
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Filing
147
ORDER pursuant to General Order 54, the Court authorizes Raj Duvvuri, Esq., Kamiah Hove, Sarah E. Hogan, Karen Turner and Jim Hoy to bring a cell phone, laptop computer, or personal digital assistant into the Richard Sheppard Arnold United States Courthouse in Little Rock on 4 through 8 April 2016 for a trial in this case. Signed by Judge D. P. Marshall Jr. on 3/11/2016. (jak)
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Filing
141
ORDER denying 136 & 138 Motions. Joint report on the possible June trial date due by 22 January 2016. The motion for continuance, 133 , is held in abeyance. Signed by Judge D. P. Marshall Jr. on 1/15/2016. (jak)
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Filing
130
ORDER directing the Clerk to unseal docket entries 59 , 66 , 94 , 95 , 96 , 97 , 98 , 104 , 106 , 109 , 111 , 112 , 113 . BHP' s embedded request to redact the sentence from the Court's Order is denied. All the documents on page three of this Order shall remain under seal. BHP should provide the redacted versions of some of these sealed documents to the Clerk by 4 January 2016. Signed by Judge D. P. Marshall Jr. on 11/5/2015. (jak)
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Filing
128
ORDER: Joint Report, 125 noted. BHP is not obligated to pay for plaintiff May's expenses or time, or for counsel's time, related to the canceled deposition. BHP must pay McArthur his standard hourly rate ($500) for time in deposition per the transcript. BHP shall also pay each expert for one additional hour beyond transcript time on the day of deposition to cover breaks, getting to and from the place of deposition, and the like. BHP is not obligated to pay for deposition preparation time. BHP has no obligation to pay any expert's travel expenses absent some prior specific agreement between counsel. Signed by Judge D. P. Marshall Jr. on 9/16/2015. (jak)
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Filing
120
ORDER: Plaintiffs' motion or partial summary judgment, 59 , denied. BHP's motion for summary judgment, 66 , granted in part and denied in part. BHP's motion to strike, 63 , denied. BHP's motion to amend its answer and to file a supplemental brief, 117 , granted in part and denied in part. Proposed amended answer deemed filed. Plaintiffs' motions in limine, 87 . 88 , 90 , & 91 denied. Plaintiffs' motion in limine, 92 , denied without prejudice. Plaintiffs ' motion to exclude BHP's experts, 89 , denied. BHP's motion to exclude plaintiffs' experts, 94 , granted in part and denied in part. McArthur cannot give expert testimony. BHP's motion in limine, 96 , granted in part and denied in part. Plaintiffs' claims for breach of the implied covenant of reasonable development on the leases in sections 14, 23, and 26 remain for trial. A Fourth Amended Final Scheduling Order will issue. Signed by Judge D. P. Marshall Jr. on 7/29/2015. (jak)
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Filing
53
ORDER: Joint Report, 52 , noted. The 29 January 2015 Rule 30(b)(6) deposition shall be taken under seal. On issue 1: Plaintiffs may inquire fully about BHP's actions and inactions on these four leases. On issue 2: Plaintiffs may ask the witness the questions BHP suggests and inquire generally about the write down. Plaintiffs, though, must (eventually) link the accounting step to these four leases for it to make any difference on plaintiffs' claims. For now, some inquiry is allowed so plaintiffs can try to make the link. Signed by Judge D. P. Marshall Jr. on 1/21/2015. (jak)
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Filing
38
PROTECTIVE ORDER. Signed by Judge D. P. Marshall Jr. on 6/29/2014. (jak)
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Filing
15
ORDER OF RECUSAL. Signed by Judge Kristine G. Baker on 10/1/13. (kpr)
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