Magness Oil Company et al v. Mountain Express Oil Company et al
Plaintiff: Magness Family Limited Partnership LLP, M Properties LLC and Magness Oil Company
Defendant: SCF RC Funding IV LLC and Mountain Express Oil Company
Case Number: 3:2021cv03034
Filed: May 10, 2021
Court: US District Court for the Western District of Arkansas
Presiding Judge: Timothy L Brooks
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 16, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 2, 2021 Opinion or Order Filing 34 ORDER Setting/Resetting Hearings: Settlement Conference set for 5/17/2022 10:00 AM before Honorable Mark E. Ford. Signed by Honorable Mark E. Ford on July 2, 2021. (djm)
July 1, 2021 Opinion or Order Filing 33 CASE MANAGEMENT ORDER: Final Pretrial Conference set for 7/8/2022 09:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. BENCH TRIAL set for 7/18/2022 09:00 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Signed by Honorable Timothy L. Brooks on July 1, 2021. (slc)
June 28, 2021 Opinion or Order Filing 32 TEXT ONLY Minute Entry for proceedings held before Honorable Timothy L. Brooks: Case Management Hearing held on 6/28/2021. (Paula Barden-Court Reporter)(Proceedings held in Fayetteville-Room 509) (slc)
June 28, 2021 Opinion or Order **EVIDENTIARY HEARING set for Monday, June 28, 2021 TERMINATED at the parties' request. Signed by Honorable Timothy L. Brooks on June 28, 2021. (slc)
June 22, 2021 Opinion or Order Filing 31 NOTICE of Appearance by Colin Donoghue on behalf of All Plaintiffs. (Donoghue, Colin)
June 22, 2021 Opinion or Order Filing 30 TEXT ONLY ORDER granting #29 Motion to Withdraw and Substitute. Attorney John A. Bobango withdrawn, and the Clerk of Court is directed to remove his name from the list of attorneys who receive Notices of Electronic Filing in this case. Attorney Colin M. Donoghue is granted leave to file his notice of appearance on behalf of Plaintiffs. Such notice of appearance should be filed within two days of the entry of this Order. Signed by Honorable Timothy L. Brooks on June 22, 2021. (jdw)
June 22, 2021 Opinion or Order Filing 29 First MOTION of Richard D. Bennett to Withdraw as Attorney John A. Bobango, First MOTION to Substitute Attorney Colin M. Donoghue by Magness Oil Company. (Donoghue, Colin)
June 21, 2021 Opinion or Order Filing 28 NOTICE of Appearance by Derek Lee Peterson on behalf of SCF RC Funding IV LLC. (Peterson, Derek)
June 18, 2021 Opinion or Order Filing 27 JOINT REPORT of Rule 26(f) Planning Meeting by Magness Oil Company. (Bennett, Richard)
June 10, 2021 Opinion or Order Filing 26 Corporate Disclosure Statement by SCF RC Funding IV LLC. (Walker, Kent)
June 9, 2021 Opinion or Order Filing 25 NOTICE of Appearance by Randall Bynum on behalf of All Plaintiffs. (Bynum, Randall)
June 8, 2021 Opinion or Order Filing 24 Corporate Disclosure Statement by Mountain Express Oil Company. (Scurlock, James) (tg).
June 8, 2021 Opinion or Order Filing 23 Corporate Disclosure Statement by Magness Oil Company. (Bennett, Richard)
June 4, 2021 Opinion or Order Filing 22 NOTICE of Appearance by William J Ogles on behalf of M Properties LLC, Magness Family Limited Partnership LLP, Magness Oil Company. (Ogles, William)
May 28, 2021 Opinion or Order Filing 21 RESPONSE IN OPPOSITION TO Motion re #15 MOTION to Dismiss Separate Defendant, SCF RC Funding IV, LLC's, Motion to Dismiss Plaintiffs' First Verified Complaint for Declaratory Judgment, Temporary Restraining Order, Temporary and Permanent Injunctions, and Money Damages filed by Magness Oil Company. (Mischke, Phil)
May 19, 2021 Opinion or Order Filing 20 OPINION AND ORDER denying #3 Motion for Temporary Restraining Order (Evidentiary Hearing for the request for a preliminary injunction is set for 6/28/2021 09:30 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks.) Signed by Honorable Timothy L. Brooks on May 19, 2021. (tg) Modified on 5/20/2021 to edit text(tg).
May 17, 2021 Opinion or Order Filing 19 NOTICE of Appearance by H.C. Jay Martin on behalf of Mountain Express Oil Company. (Martin, H.C.)
May 17, 2021 Opinion or Order Filing 18 NOTICE of Appearance by Andrew Jackson Russell, III on behalf of Mountain Express Oil Company. (Russell, Andrew)
May 14, 2021 Opinion or Order Filing 17 NOTICE by Mountain Express Oil Company re #16 Memorandum Brief in Support,, #15 MOTION to Dismiss Separate Defendant, SCF RC Funding IV, LLC's, Motion to Dismiss Plaintiffs' First Verified Complaint for Declaratory Judgment, Temporary Restraining Order, Temporary and Permanent Injunctions, and Money Damages Notice of Joinder in Motion to Dismiss (Scurlock, James)
May 14, 2021 Opinion or Order Filing 16 MEMORANDUM BRIEF in Support of #15 MOTION to Dismiss Separate Defendant, SCF RC Funding IV, LLC's, Motion to Dismiss Plaintiffs' First Verified Complaint for Declaratory Judgment, Temporary Restraining Order, Temporary and Permanent Injunctions, and Money Damages Separate Defendant, SCF RC Funding IV, LLC's, Brief in Support of Motion to Dismiss Plaintiffs' First Verified Complaint for Declaratory Judgment, Temporary Restraining Order, Temporary and Permanent Injunctions, and Money Damages by SCF RC Funding IV LLC. (Walker, Kent)
May 14, 2021 Opinion or Order Filing 15 MOTION to Dismiss Separate Defendant, SCF RC Funding IV, LLC's, Motion to Dismiss Plaintiffs' First Verified Complaint for Declaratory Judgment, Temporary Restraining Order, Temporary and Permanent Injunctions, and Money Damages by SCF RC Funding IV LLC. (Walker, Kent)
May 14, 2021 Opinion or Order Filing 14 INITIAL SCHEDULING ORDER: Case Management Hearing set for 6/28/2021 09:30 AM in Fayetteville -- 5th flr (Rm 509) before Honorable Timothy L. Brooks. Rule 26 Meeting Report due by 6/18/2021. Signed by Honorable Timothy L. Brooks on May 14, 2021. (slc)
May 10, 2021 Opinion or Order Filing 13 Case transferred in from District of Arkansas Eastern; Case Number 3:21-cv-00089. Docket sheet received.
May 10, 2021 Opinion or Order TEXT ONLY CLERK'S NOTICE: The following attorney(s) listed on Complaint, #2 is (are) not registered for CM/ECF noticing and filing in the Western District of Arkansas:John A. Bobango. An attorney can register through PACER for a CM/ECF login and password if they are admitted to practice in the U.S. District Courts for the Eastern and Western Districts of Arkansas or are admitted pro hac vice for this case. Any non-registered attorney should submit the proper attorney admission petition or file an appropriate motion. Please refer to our website http://www.arwd.uscourts.gov/attorney-information for further information. (lgd)
May 7, 2021 Opinion or Order 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) [Transferred from ared on 5/10/2021.]
May 7, 2021 Opinion or Order 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) [Transferred from ared on 5/10/2021.]
May 6, 2021 Opinion or Order 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) [Transferred from ared on 5/10/2021.]
May 6, 2021 Opinion or Order Filing 9 MOTION to Dismiss or in the Alternative, Motion for Change of Venue by SCF RC Funding IV LLC (Walker, Kent) [Transferred from ared on 5/10/2021.]
May 6, 2021 Opinion or Order Filing 8 NOTICE of Appearance by James Monroe Scurlock on behalf of Mountain Express Oil Company (Scurlock, James) [Transferred from ared on 5/10/2021.]
May 6, 2021 Opinion or Order Filing 7 NOTICE of Appearance by Kent R. Walker on behalf of SCF RC Funding IV LLC (Walker, Kent) [Transferred from ared on 5/10/2021.]
May 6, 2021 Opinion or Order 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) [Transferred from ared on 5/10/2021.]
May 6, 2021 Opinion or Order 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) [Transferred from ared on 5/10/2021.]
May 5, 2021 Opinion or Order Filing 5 CERTIFICATE OF NOTICE OF FILING filed by M Properties LLC, Magness Oil Company, Magness Family Limited Partnership LLP. (wbb) [Transferred from ared on 5/10/2021.]
May 5, 2021 Opinion or Order 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) [Transferred from ared on 5/10/2021.]
May 5, 2021 Opinion or Order 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) [Transferred from ared on 5/10/2021.]
May 5, 2021 Opinion or Order 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) [Transferred from ared on 5/10/2021.]
May 5, 2021 Opinion or Order ***Set Magistrate Judge flag. (wbb) [Transferred from ared on 5/10/2021.]

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Search for this case: Magness Oil Company et al v. Mountain Express Oil Company et al
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Defendant: SCF RC Funding IV LLC
Represented By: Kent R. Walker
Represented By: Derek Lee Peterson
Represented By: Kent Walker
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Defendant: Mountain Express Oil Company
Represented By: James Monroe Scurlock
Represented By: Andrew Jackson Russell, III
Represented By: H.C. Jay Martin
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Plaintiff: Magness Family Limited Partnership LLP
Represented By: Richard D Bennett
Represented By: Philip E. Mischke
Represented By: John A. Bobango
Represented By: Randall Bynum
Represented By: William J Ogles
Represented By: Colin Donoghue
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Plaintiff: M Properties LLC
Represented By: Richard D Bennett
Represented By: Philip E. Mischke
Represented By: John A. Bobango
Represented By: Randall Bynum
Represented By: William J Ogles
Represented By: Colin Donoghue
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Plaintiff: Magness Oil Company
Represented By: Richard D Bennett
Represented By: Philip E. Mischke
Represented By: John A. Bobango
Represented By: Phil Mischke
Represented By: Randall Bynum
Represented By: William J Ogles
Represented By: Colin Donoghue
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