C&C Properties, Inc. et al v. Shell Pipeline Company, et al
Plaintiff: C&C Properties, Inc., Wings Way, LLC and JEC Panama, LLC
Defendant: Alon Bakersfield Property Inc. & Paramount Petroleum Corporation, Chevron Pipe Line Company, Shell Pipeline Company, Eott Energy Operation Limited Partnership and Plains All American GP, LLC
Not Classified By Court: Chevron U.S.A., Inc.
Case Number: 1:2014cv01889
Filed: November 26, 2014
Court: US District Court for the Eastern District of California
Office: Fresno Office
County: Kern
Presiding Judge: Dale A Drozd
Referring Judge: Jennifer L Thurston
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 14, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 10, 2020 Opinion or Order Filing 330 TRANSCRIPT REQUEST by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC for proceedings held on 10/09/2019 before Judge Hon. Dale A. Drozd. Court Reporter Peggy Crawford. (Vogele, Thomas)
February 7, 2020 Opinion or Order Filing 329 TRANSCRIPT of Proceedings held on 5-24-19, Motions in Limine before District Judge Dale A. Drozd, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. 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. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 2/28/2020. Redacted Transcript Deadline set for 3/9/2020. Release of Transcript Restriction set for 5/7/2020. (Hooven, K)
February 7, 2020 Opinion or Order Filing 328 TRANSCRIPT of Proceedings held on 4-18-17, Motion for Summary Judgment before District Judge Dale A. Drozd, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. 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. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 2/28/2020. Redacted Transcript Deadline set for 3/9/2020. Release of Transcript Restriction set for 5/7/2020. (Hooven, K)
February 7, 2020 Opinion or Order Filing 327 TRANSCRIPT of Proceedings held on 4-19-16, Motion to Amend and Motion for Sanctions before District Judge Dale A. Drozd, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. 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. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 2/28/2020. Redacted Transcript Deadline set for 3/9/2020. Release of Transcript Restriction set for 5/7/2020. (Hooven, K)
January 7, 2020 Opinion or Order Filing 326 TRANSCRIPT of Proceedings held on 10/9/2019, Motions, before District Judge Dale A. Drozd, filed by Court Reporter Peggy Crawford, Phone number 559-266-3789 E-mail peggycrawford@gmail.com. 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. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 1/30/2020. Redacted Transcript Deadline set for 2/7/2020. Release of Transcript Restriction set for 4/6/2020. (Crawford, P)
January 7, 2020 Opinion or Order Filing 325 COSTS TAXED in amount of $29,199.66 against Defendants. (Jessen, A)
January 3, 2020 Opinion or Order Filing 324 TRANSCRIPT REQUEST by Alon Bakersfield Property Inc. & Paramount Petroleum Corporation for proceedings held on 4/19/2016, 4/18/2017, 5/24/2019, 10/9/2019 before Judge Dale A. Drozd re #311 Notice of Appeal,. MULTIPLE REPORTERS REQUESTED (Matthias, Michael)
December 31, 2019 Opinion or Order Filing 323 USCA CASE NUMBER 19-17463, 19-17601, 19-17464, 19-17601 for #311 , #313 #320 Notice of Appeals. (Lundstrom, T)
December 30, 2019 Opinion or Order Filing 322 TRANSCRIPT REQUEST by Shell Pipeline Company for proceedings held on 4/19/2016, 4/18/2017, 5/24/2019 and 10/9/2019 before Judge Dale A. Drozd. MULTIPLE REPORTERS REQUESTED (Curtis, Kasey)
December 23, 2019 Opinion or Order Filing 321 APPEAL PROCESSED to Ninth Circuit re #320 Notice of Appeal filed by Wings Way, LLC, C&C Properties, Inc., JEC Panama, LLC. Notice of Appeal filed *12/21/2019*, Complaint filed *11/26/2014* and Appealed Order / Judgment filed *11/27/2019*. Court Reporter: *Karen Hooven*. *Fee Status: Paid on 12/21/2019 in the amount of $505.00* (Attachments: #1 Appeal Information) (Lundstrom, T)
December 21, 2019 Opinion or Order Filing 320 NOTICE of APPEAL by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Filing fee $ 505, receipt number 0972-8635542) (Vogele, Thomas)
December 20, 2019 Opinion or Order Filing 319 CLERK'S NOTICE to Attorney Thomas Anthony Vogele #318 Notice - Other: Your filing is entitled Notice of Appeal, however, the actual document attached is Notice - Other. Please re-file your document using the correct event. If you need assistance, please contact the CM/ECF help desk at 866-884-5444, or refer to the CM/ECF User's Manual on the court's website. (Flores, E)
December 19, 2019 Opinion or Order Filing 318 NOTICE OF APPEAL by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Vogele, Thomas)
December 9, 2019 Opinion or Order Filing 317 USCA CASE NUMBER 19-17464 for #313 Notice of Appeal, filed by Shell Pipeline Company. (Sant Agata, S)
December 9, 2019 Opinion or Order Filing 316 USCA CASE NUMBER 19-17463 for #311 Notice of Appeal, filed by Alon Bakersfield Property Inc. & Paramount Petroleum Corporation. (Sant Agata, S)
December 6, 2019 Opinion or Order Filing 315 APPEAL PROCESSED to Ninth Circuit re #313 Notice of Appeal, filed by Shell Pipeline Company. Notice of Appeal filed *12/6/2019*, Complaint filed *11/26/2014* and Appealed Order / Judgment filed *6/14/2019*. Court Reporter: *Karen Hooven*. *Fee Status: Paid on 12/6/2019 in the amount of $505.00* (Attachments: #1 Appeal Information) (Martin-Gill, S)
December 6, 2019 Opinion or Order Filing 314 APPEAL PROCESSED to Ninth Circuit re #311 Notice of Appeal, filed by Alon Bakersfield Property Inc. & Paramount Petroleum Corporation. Notice of Appeal filed *12/6/2019*, Complaint filed *11/26/2014* and Appealed Order / Judgment filed *6/14/2019*. Court Reporter: *Karen Hooven*. *Fee Status: Paid on 12/6/2019 in the amount of $505.00* (Attachments: #1 Appeal Information) (Martin-Gill, S)
December 6, 2019 Opinion or Order Filing 313 NOTICE of APPEAL by Shell Pipeline Company as to #229 Judgment, #310 Order, Terminate Civil Case, Order on Motion to Amend the Judgment, Order on Motion for Judgment,, Order on Motion for Attorney Fees, Order on Motion for Miscellaneous Relief,. (Filing fee $ 505, receipt number 0972-8608499) (Attachments: #1 Exhibit A - Representation Statement)(Curtis, Kasey)
December 6, 2019 Opinion or Order Filing 312 STATEMENT of Representation by Defendant Alon Bakersfield Property Inc. & Paramount Petroleum Corporation re #311 Notice of Appeal,. (Matthias, Michael)
December 6, 2019 Opinion or Order Filing 311 NOTICE of APPEAL by Alon Bakersfield Property Inc. & Paramount Petroleum Corporation as to #229 Judgment, #310 Order, Terminate Civil Case, Order on Motion to Amend the Judgment, Order on Motion for Judgment,, Order on Motion for Attorney Fees, Order on Motion for Miscellaneous Relief,. (Filing fee $ 505, receipt number 0972-8607729) (Matthias, Michael)
November 27, 2019 Opinion or Order Filing 310 ORDER RESOLVING Various Post-Trial #250 #257 #258 #265 #266 #267 Motions signed by District Judge Dale A. Drozd on 11/27/2019. CASE CLOSED. (Sant Agata, S)
November 25, 2019 Opinion or Order Filing 309 ORDER Giving Effect to Stipulation to Release Preliminary Injunction Bond signed by District Judge Dale A. Drozd on 11/25/2019. (Sant Agata, S)
November 22, 2019 Opinion or Order Filing 308 STIPULATION and PROPOSED ORDER for STIPULATION TO RELEASE PRELIMINARY INJUNCTION BOND re #76 Order Adopting Findings and Recommendations,,, Findings and Recommendations (Order),,, Order on Motion for Preliminary Injunction,,,,, #79 Notice - Other, #229 Judgment by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Vogele, Thomas)
October 14, 2019 Opinion or Order Filing 307 RESPONSE by Alon Bakersfield Property Inc. & Paramount Petroleum Corporation to #306 Trial Exhibit. (Matthias, Michael)
October 11, 2019 Opinion or Order Filing 306 TRIAL EXHIBIT PLAINTIFFS NOTICE OF ADMITTED TRIAL EXHIBIT REFERENCED AT ORAL ARGUMENT by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC.(Vogele, Thomas)
October 11, 2019 Opinion or Order Filing 305 NOTICE Alon's Notice of Supplemental Authority by Alon Bakersfield Property Inc. & Paramount Petroleum Corporation. (Matthias, Michael)
October 9, 2019 Opinion or Order Filing 304 MINUTES (Text Only) for proceedings before District Judge Dale A. Drozd: MOTION HEARING held on 10/9/2019. #250 #258 #265 #267 Motion to Amended the Judgment, #257 Motion for Judgment as a Matter of Law and #266 Motion Award of Prejudgment Interest argued, submitted and taken under submission. Written order will issue. Plaintiffs' Counsel Thomas Vogele and Timothy Kowal present. Defendant's Counsel Raymond Cardozo, Kevin Day, Michael Matthias, Andrew Grossman, and W. Ray Whitman present with Kasey Curtis, Misty Foy and Regina Jones telephonically present. Court Reporter/CD Number: Peggy Crawford. (Thorp, J)
October 9, 2019 Opinion or Order Filing 303 OPPOSITION by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC to #258 MOTION to AMEND the JUDGMENT amending #229 Judgment AND FOR NEW TRIAL; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF, #257 MOTION for JUDGMENT AS A MATTER OF LAW, OR IN THE ALTERNATIVE, NEW TRIAL ON LIABILITY; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF, #250 MOTION to AMEND the JUDGMENT amending #229 Judgment Notice of Motions and Motion to Alter or Amend Judgment Pursuant To Rule 59(e), Motion for New Trial Pursuant to Rule 59(a), Motion for Judgment as a Matter of Law Pursuant to Rule 50, and Memo. (Attachments: #1 Proof of Service Proof of Service)(Vogele, Thomas)
October 2, 2019 Opinion or Order Filing 302 MINUTE ORDER: (***TEXT ENTRY ONLY***), signed by District Judge Dale A. Drozd on 10/2/2019. The hearing on all pending post-trial motions (Doc. Nos. #250 , #257 , #258 , #265 , #266 , #267 ) is reset for 10/9/2019 at 10:00 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. The parties are encouraged to appear telephonically and may do so by dialing 877-402-9757 (access code 6966236) at the time of the hearing. Because the court may be hearing other matters using the same conference line, please wait to state your appearance until your case has been called and appearances are requested. Keep all background noise to a minimum. Use of any feature(s) that may have an impact upon the quality of voice transmission (such as speakerphones, headsets, etc.) are prohibited; use of a land line or hand-held cell phone is required. At least 24 hours prior to the hearing, if you have not already done so, you must email Courtroom Deputy Jami Thorp, at JThorp@caed.uscourts.gov, to advise the court you will be appearing telephonically. (Apodaca, P)
September 11, 2019 Opinion or Order Filing 301 NOTICE of Unavailability and Request for Hearing Setting by Alon Bakersfield Property Inc. & Paramount Petroleum Corporation. (Matthias, Michael)
September 5, 2019 Opinion or Order Filing 300 NOTICE OF UNAVAILABILITY AND REQUEST FOR HEARING SETTING by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Attachments: #1 Proof of Service Proof of Service)(Vogele, Thomas)
August 19, 2019 Opinion or Order Filing 299 NOTICE Alons Notice of Posting Supersedeas Bond Following Courts Approval by Alon Bakersfield Property Inc. & Paramount Petroleum Corporation re 298 Minute Order,,, Set/Reset Deadlines and Hearings,,, Order on Motion to Stay,,. (Attachments: #1 Exhibit A)(Matthias, Michael)
August 14, 2019 Opinion or Order Filing 298 MINUTE ORDER: (TEXT ENTRY ONLY) signed by District Judge Dale A. Drozd on 8/14/2019. In light of plaintiffs' statement of non-opposition (Doc. No. #290 ), the motion for approval of supersedeas bond and for stay of execution of judgment (Doc. No. #269 ) is granted. As to all other post-trial motions currently pending before the court (Doc. Nos. #250 , #257 , #258 , #265 , #266 , #267 ), the hearing currently set for August 20, 2019 is vacated due to congestion of the court's docket and pending trials in other matters. The court will advise the parties whether it believes oral argument is necessary to resolve these motions, at which time a hearing date will be reset. (Thorp, J)
August 13, 2019 Opinion or Order Filing 297 REPLY by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC re #284 Opposition to Motion, #266 MOTION AWARD OF PREJUDGMENT INTEREST, #281 Opposition to Motion. (Vogele, Thomas)
August 13, 2019 Opinion or Order Filing 296 REPLY by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC re #279 Opposition to Motion, #283 Opposition to Motion, #265 MOTION for ATTORNEY FEES . (Attachments: #1 Proof of Service Proof of Service)(Vogele, Thomas)
August 13, 2019 Opinion or Order Filing 295 REPLY by Alon Bakersfield Property Inc. & Paramount Petroleum Corporation re #286 Opposition to Motion,. (Attachments: #1 Declaration of Joelle A. Berle, #2 Exhibit JX-1015, #3 Exhibit JX-1487)(Matthias, Michael)
August 13, 2019 Opinion or Order Filing 294 CERTIFICATE of SERVICE by Shell Pipeline Company. (Day, Kevin)
August 13, 2019 Opinion or Order Filing 293 OBJECTIONS by Defendant Shell Pipeline Company to #276 Affidavit,,,. (Day, Kevin)
August 13, 2019 Opinion or Order Filing 292 REPLY by Shell Pipeline Company re #257 MOTION for JUDGMENT AS A MATTER OF LAW, OR IN THE ALTERNATIVE, NEW TRIAL ON LIABILITY; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF. (Day, Kevin)
August 13, 2019 Opinion or Order Filing 291 REPLY by Shell Pipeline Company re #258 MOTION to AMEND the JUDGMENT amending #229 Judgment AND FOR NEW TRIAL; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF. (Day, Kevin)
August 9, 2019 Opinion or Order Filing 290 STATEMENT of NON-OPPOSITION by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC to #269 MOTION to STAY re #229 Judgment. (Attachments: #1 Proof of Service Proof of Service)(Vogele, Thomas)
August 6, 2019 Opinion or Order Filing 289 AFFIDAVIT re #287 Opposition to Motion, #286 Opposition to Motion, #288 Opposition to Motion, (AFFIDAVIT OF ANNA MARIA BERECZKY-ANDERSON IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS POSTTRIAL MOTIONS) by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Attachments: #1 Proof of Service Proof of Service)(Vogele, Thomas)
August 6, 2019 Opinion or Order Filing 288 OPPOSITION by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC to #257 MOTION for JUDGMENT AS A MATTER OF LAW, OR IN THE ALTERNATIVE, NEW TRIAL ON LIABILITY; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF. (Attachments: #1 Proof of Service Proof of Service)(Vogele, Thomas)
August 6, 2019 Opinion or Order Filing 287 OPPOSITION by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC to #258 MOTION to AMEND the JUDGMENT amending #229 Judgment AND FOR NEW TRIAL; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF. (Attachments: #1 Proof of Service Proof of Service)(Vogele, Thomas)
August 6, 2019 Opinion or Order Filing 286 OPPOSITION by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC to #250 MOTION to AMEND the JUDGMENT amending #229 Judgment Notice of Motions and Motion to Alter or Amend Judgment Pursuant To Rule 59(e), Motion for New Trial Pursuant to Rule 59(a), Motion for Judgment as a Matter of Law Pursuant to Rule 50, and Memo. (Attachments: #1 Proof of Service Proof of Service)(Vogele, Thomas)
August 6, 2019 Opinion or Order Filing 285 OPPOSITION by Alon Bakersfield Property Inc. & Paramount Petroleum Corporation to #267 MOTION to AMEND the JUDGMENT PLAINTIFFS MOTION FOR A DECLARATION OF TERMINATION OF UNRECORDED EASEMENTS. (Matthias, Michael)
August 6, 2019 Opinion or Order Filing 284 OPPOSITION by Alon Bakersfield Property Inc. & Paramount Petroleum Corporation to #266 MOTION AWARD OF PREJUDGMENT INTEREST. (Matthias, Michael)
August 6, 2019 Opinion or Order Filing 283 OPPOSITION by Alon Bakersfield Property Inc. & Paramount Petroleum Corporation to #265 MOTION for ATTORNEY FEES . (Matthias, Michael)
August 6, 2019 Opinion or Order Filing 282 CERTIFICATE of SERVICE by Shell Pipeline Company re #278 Response, #279 Opposition to Motion, #280 Declaration, #281 Opposition to Motion. (Day, Kevin)
August 6, 2019 Opinion or Order Filing 281 OPPOSITION by Shell Pipeline Company to #266 MOTION AWARD OF PREJUDGMENT INTEREST. (Day, Kevin)
August 6, 2019 Opinion or Order Filing 280 DECLARATION of Kevin A. Day in opposition to #265 MOTION for ATTORNEY FEES . (Day, Kevin)
August 6, 2019 Opinion or Order Filing 279 OPPOSITION by Shell Pipeline Company to #265 MOTION for ATTORNEY FEES . (Day, Kevin)
August 6, 2019 Opinion or Order Filing 278 RESPONSE by Shell Pipeline Company to #267 MOTION to AMEND the JUDGMENT PLAINTIFFS MOTION FOR A DECLARATION OF TERMINATION OF UNRECORDED EASEMENTS. (Day, Kevin)
August 6, 2019 Opinion or Order Filing 277 ORDER Giving Effect to Stipulation and Approving Form of Bond re #275 , signed by District Judge Dale A. Drozd on 8/5/19. (Gonzalez, R)
August 1, 2019 Opinion or Order Filing 276 AFFIDAVIT re #258 MOTION to AMEND the JUDGMENT amending #229 Judgment AND FOR NEW TRIAL; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF, #229 Judgment (AFFIDAVIT OF TIMOTHY M. KOWAL IN SUPPORT OF PLAINTIFFS OPPOSITIONS TO DEFENDANT SHELL PIPELINE COMPANYS POSTTRIAL MOTION FOR JUDGMENT AS A MATTER OF LAW OR NEW TRIAL ON LIABILITY, AND MOTION TO AMEND JUDGMENT AND FOR NEW TRIAL) by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 10, #6 Exhibit Exhibit 23, #7 Exhibit Exhibit 59, #8 Exhibit Exhibit 136, #9 Exhibit Exhibit 286, #10 Exhibit Exhibit 289, #11 Proof of Service Proof of Service)(Vogele, Thomas)
August 1, 2019 Opinion or Order Filing 275 STIPULATION Regarding Form of Bond by Shell Pipeline Company. (Attachments: #1 Exhibit A, #2 Proof of Service)(Curtis, Kasey)
July 31, 2019 Opinion or Order Filing 274 ORDER GRANTING #271 PRO HAC VICE Application of Attorney W. Ray Whitman on behalf of Alon Bakersfield Property Inc. & Paramount Petroleum Corporation, signed by Magistrate Judge Jennifer L. Thurston on 7/31/2019. (Hall, S)
July 29, 2019 Opinion or Order Filing 273 AFFIDAVIT re #258 MOTION to AMEND the JUDGMENT amending #229 Judgment AND FOR NEW TRIAL; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF AFFIDAVIT OF TIMOTHY M. KOWAL IN SUPPORT OF PLAINTIFFS OPPOSITION TO THE ALON DEFENDANTS POSTTRIAL MOTIONS TO ALTER OR AMEND JUDGMENT, OR NEW TRIAL, AND FOR JUDGMENT AS A MATTER OF LAW by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 319, #4 Exhibit Exhibit 1015, #5 Exhibit Exhibit 1016, #6 Proof of Service Proof of Service)(Vogele, Thomas)
July 23, 2019 Opinion or Order RECEIPT number 0972-8372144 (pro hac vice Filing fee $225) for attorney W. Ray Whitman. (Robles, S)
July 23, 2019 Opinion or Order Filing 272 DECLARATION of Michael R. Matthias in support of #250 MOTION to AMEND the JUDGMENT amending #229 Judgment Notice of Motions and Motion to Alter or Amend Judgment Pursuant To Rule 59(e), Motion for New Trial Pursuant to Rule 59(a), Motion for Judgment as a Matter of Law Pursuant to Rule 50, and Memo. (Attachments: #1 Exhibit 1)(Matthias, Michael)
July 23, 2019 Opinion or Order Filing 271 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Alon Bakersfield Property Inc. & Paramount Petroleum Corporation for attorney W. Ray Whitman to appear Pro Hac Vice. (Matthias, Michael)
July 18, 2019 Opinion or Order Filing 270 ORDER EXTENDING STAY OF EXECUTION OF JUDGMENT (Doc. No. #268 ) signed by District Judge Dale A. Drozd on 7/17/2019. Pursuant to the parties' stipulation (Doc. No. #268 ), and good cause appearing, the court extends the stay of execution on plaintiffs' judgment against defendant Shell Pipeline Company until August 1, 2019. (Thorp, J)
July 17, 2019 Opinion or Order Filing 269 MOTION to STAY re #229 Judgment by Alon Bakersfield Property Inc. & Paramount Petroleum Corporation. Motion Hearing set for 8/20/2019 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Exhibit A, #2 Proposed Order)(Berle, Joelle)
July 17, 2019 Opinion or Order Filing 268 STIPULATION and PROPOSED ORDER for Extend Stay of Execution by Shell Pipeline Company. (Attachments: #1 Proof of Service)(Curtis, Kasey)
July 15, 2019 Opinion or Order Filing 267 MOTION to AMEND the JUDGMENT PLAINTIFFS MOTION FOR A DECLARATION OF TERMINATION OF UNRECORDED EASEMENTS by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. Motion Hearing set for 8/20/2019 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Proof of Service Proof of Service of POS of Motion to Amend Judgment for a Declaration of Termination of Easements)(Vogele, Thomas)
July 15, 2019 Opinion or Order Filing 266 MOTION AWARD OF PREJUDGMENT INTEREST by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. Motion Hearing set for 8/20/2019 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Proof of Service Proof of Service of Motion for Prejudgment Interest)(Vogele, Thomas)
July 15, 2019 Opinion or Order Filing 265 MOTION for ATTORNEY FEES by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. Motion Hearing set for 8/20/2019 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Declaration Declarations re Motion for Attorney Fees, #2 Proof of Service Proof of Service of Motion for Attorney Fees and Declarations)(Vogele, Thomas)
July 15, 2019 Opinion or Order Filing 264 CERTIFICATE of SERVICE by Shell Pipeline Company re #258 MOTION to AMEND the JUDGMENT amending #229 Judgment AND FOR NEW TRIAL; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF, #257 MOTION for JUDGMENT AS A MATTER OF LAW, OR IN THE ALTERNATIVE, NEW TRIAL ON LIABILITY; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF, #262 Declaration,,, #263 Notice of Request to Seal Document(s). (Day, Kevin)
July 15, 2019 Opinion or Order Filing 263 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Shell Pipeline Company. (Day, Kevin)
July 15, 2019 Opinion or Order Filing 262 DECLARATION of Kevin A. Day in support of #258 MOTION to AMEND the JUDGMENT amending #229 Judgment AND FOR NEW TRIAL; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF, #257 MOTION for JUDGMENT AS A MATTER OF LAW, OR IN THE ALTERNATIVE, NEW TRIAL ON LIABILITY; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF. (Attachments: #1 Exhibit Exhibit A to Declaration of Kevin A. Day, #2 Exhibit Exhibit B to Declaration of Kevin A. Day, #3 Exhibit Exhibit C to Declaration of Kevin A. Day, #4 Exhibit Exhibit D to Declaration of Kevin A. Day, #5 Exhibit Exhibit E to Declaration of Kevin A. Day, #6 Exhibit Exhibit F to Declaration of Kevin A. Day, #7 Exhibit Exhibit G to Declaration of Kevin A. Day, #8 Exhibit Exhibit H to Declaration of Kevin A. Day, #9 Exhibit Exhibit I to Declaration of Kevin A. Day)(Day, Kevin)
July 15, 2019 Opinion or Order Filing 261 NOTICE of APPEARANCE by Raymond A. Cardozo on behalf of Shell Pipeline Company. Attorney Cardozo, Raymond A. added. (Cardozo, Raymond)
July 15, 2019 Opinion or Order Filing 260 MINUTE ORDER: (TEXT ENTRY ONLY) signed by District Judge Dale A. Drozd on 7/15/2019. The notice of request to seal filed by non-party Chevron U.S.A. (Doc. No. #255 ) is denied without prejudice for the reasons set forth in the court's order. (Doc. No. #256 .)(Thorp, J)
July 15, 2019 Opinion or Order Filing 259 NOTICE of APPEARANCE by Kasey James Curtis on behalf of Shell Pipeline Company. Attorney Curtis, Kasey James added. (Curtis, Kasey)
July 15, 2019 Opinion or Order Filing 258 MOTION to AMEND the JUDGMENT amending #229 Judgment AND FOR NEW TRIAL; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF by Shell Pipeline Company. Motion Hearing set for 8/20/2019 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Day, Kevin)
July 15, 2019 Opinion or Order Filing 257 MOTION for JUDGMENT AS A MATTER OF LAW, OR IN THE ALTERNATIVE, NEW TRIAL ON LIABILITY; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF by Shell Pipeline Company. Motion Hearing set for 8/20/2019 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Day, Kevin)
July 15, 2019 Opinion or Order Filing 256 ORDER DENYING REQUEST TO SEAL WITHOUT PREJUDICE (Doc. No. #251 ) signed by District Judge Dale A. Drozd on 7/15/2019. (Thorp, J)
July 15, 2019 Opinion or Order Filing 255 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Chevron U.S.A., Inc.. (Nath, Rohit)
July 15, 2019 Opinion or Order Filing 254 NOTICE of APPEARANCE by Rohit Dwarka Nath on behalf of Chevron U.S.A., Inc.. Attorney Nath, Rohit Dwarka added. (Nath, Rohit)
July 12, 2019 Opinion or Order Filing 253 EXHIBIT to Declaration of Joelle A. Berle re #250 MOTION to AMEND the JUDGMENT amending #229 Judgment Notice of Motions and Motion to Alter or Amend Judgment Pursuant To Rule 59(e), Motion for New Trial Pursuant to Rule 59(a), Motion for Judgment as a Matter of Law Pursuant to Rule 50, and Memo filed by Alon Bakersfield Property Inc. & Paramount Petroleum Corporation. (Attachments: #1 Exhibit JX-0116, #2 Exhibit JX-0152, #3 Exhibit JX-0059, #4 Exhibit JX-1167)(Berle, Joelle)
July 12, 2019 Opinion or Order Filing 252 DECLARATION of Joelle A. Berle in support of #250 MOTION to AMEND the JUDGMENT amending #229 Judgment Notice of Motions and Motion to Alter or Amend Judgment Pursuant To Rule 59(e), Motion for New Trial Pursuant to Rule 59(a), Motion for Judgment as a Matter of Law Pursuant to Rule 50, and Memo. (Attachments: #1 Exhibit JX-0011, #2 Exhibit JX-0222, #3 Exhibit JX-0071)(Berle, Joelle)
July 12, 2019 Opinion or Order Filing 251 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by Alon Bakersfield Property Inc. & Paramount Petroleum Corporation. (Attachments: #1 Defendants Alon Bakersfield Property, Inc. and Paramount Petroleum Corporations Request for an Order to Seal Documents, #2 Declaration of Joelle A. Berle, #3 Proposed Order)(Matthias, Michael)
July 12, 2019 Opinion or Order Filing 250 MOTION to AMEND the JUDGMENT amending #229 Judgment Notice of Motions and Motion to Alter or Amend Judgment Pursuant To Rule 59(e), Motion for New Trial Pursuant to Rule 59(a), Motion for Judgment as a Matter of Law Pursuant to Rule 50, and Memorandum of Points and Authorities in Support Thereof by Alon Bakersfield Property Inc. & Paramount Petroleum Corporation. Motion Hearing set for 8/20/2019 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Matthias, Michael)
July 11, 2019 Opinion or Order Filing 249 ORDER GRANTING #248 PRO HAC VICE Application of Attorney Andrew M. Grossman for Alon Bakersfield Property Inc. & Paramount Petroleum Corporation, signed by Magistrate Judge Jennifer L. Thurston on 7/11/2019. (Hall, S)
July 10, 2019 Opinion or Order Filing 248 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Alon Bakersfield Property Inc. & Paramount Petroleum Corporation for attorney Andrew M. Grossman to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8350623) (Matthias, Michael)
July 10, 2019 Opinion or Order Filing 247 DECLARATION of Joelle A. Berle re #246 Objections. (Attachments: #1 Exhibit A)(Berle, Joelle)
July 10, 2019 Opinion or Order Filing 246 OBJECTIONS by Defendant Alon Bakersfield Property Inc. & Paramount Petroleum Corporation to #245 Bill of Costs Submitted,. (Attachments: #1 Exhibit 1)(Matthias, Michael)
July 3, 2019 Opinion or Order Filing 245 BILL of COSTS SUBMITTED (AMENDED Bill of Costs) by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Attachments: #1 Memorandum Memorandum of Costs and Supporting Declaration; Exhibits 1-20, #2 Proof of Service Proof of Service of Amended Bill of Costs and Memorandum of Costs and Supporting Declaration; Exhibits 1-20)(Vogele, Thomas)
July 2, 2019 Opinion or Order Filing 244 MINUTE ORDER: (TEXT ENTRY ONLY) signed by District Judge Dale A. Drozd on 7/2/2019. The #232 Bill of Costs submitted is insufficient. Pursuant to Local Rule 292 (Fed. R. Civ. P. 54)(b)"The cost bill SHALL itemize the costs claimed and SHALL be supported by a memorandum of costs and an affidavit of counsel that the costs claimed are allowable by law, are correctly stated, and were necessarily incurred." Amended Bill of Costs conforming with local rules must be submitted no later than 7/5/2019. (Thorp, J)
June 28, 2019 Opinion or Order Filing 243 TRANSCRIPT REQUEST by Shell Pipeline Company for proceedings held on 5/29, 5/30, 5/31, 6/11, 6/12, 6/13, 6/14 before Judge Dale A. Drozd. Court Reporter Karen Hooven. (Day, Kevin)
June 28, 2019 Opinion or Order Filing 242 TRANSCRIPT of Proceedings held on 6-14-19, Jury Trial - Day 10 before District Judge Dale A. Drozd, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. 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. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/19/2019. Redacted Transcript Deadline set for 7/29/2019. Release of Transcript Restriction set for 9/26/2019. (Hooven, K)
June 28, 2019 Opinion or Order Filing 241 TRANSCRIPT of Proceedings held on 6-13-19, Jury Trial - Day 9 before District Judge Dale A. Drozd, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. 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. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/19/2019. Redacted Transcript Deadline set for 7/29/2019. Release of Transcript Restriction set for 9/26/2019. (Hooven, K)
June 28, 2019 Opinion or Order Filing 240 TRANSCRIPT of Proceedings held on 6-12-19, Jury Trial - Day 8 before District Judge Dale A. Drozd, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. 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. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/19/2019. Redacted Transcript Deadline set for 7/29/2019. Release of Transcript Restriction set for 9/26/2019. (Hooven, K)
June 28, 2019 Opinion or Order Filing 239 TRANSCRIPT of Proceedings held on 6-11-19, Jury Trial - Day 7 before District Judge Dale A. Drozd, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. 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. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/19/2019. Redacted Transcript Deadline set for 7/29/2019. Release of Transcript Restriction set for 9/26/2019. (Hooven, K)
June 28, 2019 Opinion or Order Filing 238 TRANSCRIPT of Proceedings held on 6-6-19, Jury Trial - Day 6 before District Judge Dale A. Drozd, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. 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. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/19/2019. Redacted Transcript Deadline set for 7/29/2019. Release of Transcript Restriction set for 9/26/2019. (Hooven, K)
June 28, 2019 Opinion or Order Filing 237 TRANSCRIPT of Proceedings held on 6-5-19, Jury Trial - Day 5 before District Judge Dale A. Drozd, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. 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. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/19/2019. Redacted Transcript Deadline set for 7/29/2019. Release of Transcript Restriction set for 9/26/2019. (Hooven, K)
June 28, 2019 Opinion or Order Filing 236 TRANSCRIPT of Proceedings held on 6-4-19, Jury Trial - Day 4 before District Judge Dale A. Drozd, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. 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. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/19/2019. Redacted Transcript Deadline set for 7/29/2019. Release of Transcript Restriction set for 9/26/2019. (Hooven, K)
June 28, 2019 Opinion or Order Filing 235 TRANSCRIPT of Proceedings held on 5-31-19, Jury Trial - Day 3 before District Judge Dale A. Drozd, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. 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. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/19/2019. Redacted Transcript Deadline set for 7/29/2019. Release of Transcript Restriction set for 9/26/2019. (Hooven, K)
June 28, 2019 Opinion or Order Filing 234 TRANSCRIPT of Proceedings held on 5-30-19, Jury Trial - Day 2 before District Judge Dale A. Drozd, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. 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. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/19/2019. Redacted Transcript Deadline set for 7/29/2019. Release of Transcript Restriction set for 9/26/2019. (Hooven, K)
June 28, 2019 Opinion or Order Filing 233 TRANSCRIPT of Proceedings held on 5-29-19, Jury Trial - Day 1 before District Judge Dale A. Drozd, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. 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. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/19/2019. Redacted Transcript Deadline set for 7/29/2019. Release of Transcript Restriction set for 9/26/2019. (Hooven, K)
June 28, 2019 Opinion or Order Filing 232 BILL of COSTS SUBMITTED by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Attachments: #1 Proof of Service Proof of Service)(Vogele, Thomas)
June 25, 2019 Opinion or Order Filing 231 AMENDED TRANSCRIPT REQUEST re #230 by Alon Bakersfield Property Inc. & Paramount Petroleum Corporation for proceedings held on 5/29/19 - 6/14/19 before Judge Dale A. Drozd. Court Reporter Karen Hooven. (Matthias, Michael)
June 21, 2019 Opinion or Order Filing 230 TRANSCRIPT REQUEST by Alon Bakersfield Property Inc. & Paramount Petroleum Corporation for proceedings held on June 1, 2, 3, 7, 8, 9, 10 before Judge Dale A. Drozd. Court Reporter Karen Hooven. (Matthias, Michael)
June 14, 2019 Opinion or Order Filing 229 JUDGMENT dated *6/14/2019* in favor of Plaintiff's against Defendant's pursuant to Verdict, signed by District Judge Dale A. Drozd on 6/14/2019. (Thorp, J)
June 14, 2019 Opinion or Order Filing 228 JURY VERDICT re Punitive Damages. (Thorp, J)
June 14, 2019 Opinion or Order Filing 227 JURY VERDICT (Thorp, J)
June 14, 2019 Opinion or Order Filing 226 JURY INSTRUCTIONS re: Punitive Damages. (Thorp, J)
June 14, 2019 Opinion or Order Filing 225 ORDER and RECEIPT for TRIAL EXHIBITS. (Thorp, J)
June 14, 2019 Opinion or Order Filing 224 JURY INSTRUCTIONS (Thorp, J)
June 14, 2019 Opinion or Order Filing 223 JURY NOTES #1,2,3,4 and 5. (Thorp, J)
June 14, 2019 Opinion or Order Filing 222 MINUTES (Text Only) for proceedings before District Judge Dale A. Drozd: JURY TRIAL (Day 10) held on 6/14/2019. All parties and eight jurors present. Court instructed the jury as to the law applicable to this case. Courtroom Deputy swore Court Security Officer to take charge of jury. Jury began deliberating at 9:00 am. Outside presence of the jury, Plaintiffs' request to amend named Defendant Alon USA Paramount Petroleum Corporation to Alon Bakersfield Property Inc. and Paramount Petroleum Corporation is Granted. At 1:35 pm outside the presence of the jury, court and counsel addressed jury note #1. At 1:45 pm court, counsel and jury addressed jury note #2. UNANIMOUS VERDICT REACHED at 2:45 pm. All parties and eight jurors present, Courtroom Deputy published verdict. Court polled jury as to their true and correct verdicts. Outside the presence of the jury, court and counsel discuss the verdict that was reached. At 3:34 pm, the court explains to the jury that it does NOT accept the verdict due to an error and returns the verdict form to the foreperson. Jury deliberation resumed. UNANIMOUS VERDICT REACHED at 3:51 pm. Arguments made by both sides re Punitive Damages. Jury instruction given and deliberation began on Punitive Damages at 4:15pm. UNANIMOUS VERDICT REACHED at 4:40 pm. Jury thanked, released from admonition, and excused from service at 5:10pm. Clerk of the Court ordered to record verdict and enter judgment accordingly. Court referred parties to the Local Rules and Federal Rules of Civil Procedure regarding any post-trial motions. Plaintiffs' Counsel Thomas Vogele and Timothy Kowal present. Defendants' Kevin Day, Michael Matthias and Joelle Berle present. Court Reporter: Karen Hooven. (Thorp, J)
June 14, 2019 Opinion or Order Filing 221 FINAL JURY INSTRUCTIONS. (Thorp, J)
June 14, 2019 Opinion or Order Filing 220 PARTIAL TRANSCRIPT of Proceedings held on 6-12-19, JURY TRIAL - DAY 8 (TESTIMONY ONLY) before District Judge Dale A. Drozd, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. 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. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/5/2019. Redacted Transcript Deadline set for 7/15/2019. Release of Transcript Restriction set for 9/12/2019. (Hooven, K)
June 13, 2019 Opinion or Order Filing 219 MINUTES (Text Only) for proceedings before District Judge Dale A. Drozd: JURY TRIAL (Day 9) held on 6/13/2019. Outside presence of jury, court reviewed In Camera materials. Court concludes that any joint defense agreement or common interest agreement was not formed until 9/24/2014 and anything before that date is to be turned over to the Plaintiff immediately. Documents that were given to the court in a binder with tab numbers 5, 6, 7, 9, 10, 12, 13, 17, 18, A, B, C, D, E, F, J and K were ordered to be produced. Remainder of the documents are not ordered produced. Defense counsel is ordered to retain one full set of documents and one set of the documents produced for possible appeal purposes. All parties and eight jurors present. Plaintiff calls rebuttal witness David Felger. Exhibits received into evidence. Plaintiff RESTS. Outside the presence of the jury, court and counsel discussed jury instructions and verdict form; objections noted for the record. All parties and eight jurors present, closing arguments were made. Jurors admonished, excused for the evening, and ordered to return at 8:30am tomorrow morning. Jury Trial (Day 10) CONTINUED to 6/14/2019, at 8:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Plaintiffs' Counsel Thomas Vogele and Timothy Kowal present. Defendants' Kevin Day, Michael Matthias and Joelle Berle present. Court Reporter: Karen Hooven. (Thorp, J)
June 12, 2019 Opinion or Order Filing 218 MINUTES (Text Only) for proceedings before District Judge Dale A. Drozd: JURY TRIAL (Day 8) held on 6/12/2019. Outside presence of jury, court and counsel discuss today's schedule. All parties and eight jurors present. Defense witness Frances Mason completed her testimony and Warren Maxwell sworn and testified. Outside the presence of the jury, Defenses' witnesses Michael Elmore and David Felger testified regarding #211 Motion for Sanctions. The emails in question were given to the court for an In Camera Review. Defenses' witness Mark Denis sworn and testified, and witnesses David Felger and Michael Elmore recalled. Exhibits received into evidence. Defense RESTS. Outside the presence of the jury, defenses' oral motion for judgment on stand alone fraudulent concealment claims is granted as to the balance of the various claims is denied. Jurors admonished, excused for the evening, and ordered to return at 9:30 am tomorrow morning. Jury Trial (Day 9) CONTINUED to 6/13/2019, at 8:00 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Plaintiffs' Counsel Thomas Vogele and Timothy Kowal present. Defendants' Kevin Day, Michael Matthias and Joelle Berle present. Court Reporter: Karen Hooven. (Thorp, J)
June 12, 2019 Opinion or Order Filing 217 PARTIAL TRANSCRIPT of Proceedings held on 6-11-19, JURY TRIAL - DAY 7 (TESTIMONY ONLY) before District Judge Dale A. Drozd, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. 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. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/5/2019. Redacted Transcript Deadline set for 7/15/2019. Release of Transcript Restriction set for 9/12/2019. (Hooven, K)
June 12, 2019 Opinion or Order Filing 216 PARTIAL TRANSCRIPT of Proceedings held on 5-31-19, TRIAL TESTIMONY OF RALPH MAYO, GRANT CARVER AND ALAN ELLIOTT before District Judge Dale A. Drozd, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. 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. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/5/2019. Redacted Transcript Deadline set for 7/15/2019. Release of Transcript Restriction set for 9/12/2019. (Hooven, K)
June 12, 2019 Opinion or Order Filing 215 TRANSCRIPT REQUEST by Thomas Vogele for proceedings held on 5-31-19, 6-11-19 and 6-12-19 before Judge Dale A. Drozd. Court Reporter Karen Hooven. (Hooven, K)
June 12, 2019 Opinion or Order Filing 214 TRANSCRIPT REQUEST by Alvarado Smith for proceedings held on 5-31-19, 6-11-19 and 6-12-19 before Judge Dale A. Drozd. Court Reporter Karen Hooven. (Hooven, K)
June 12, 2019 Opinion or Order Filing 213 TRANSCRIPT REQUEST by Baker Hostetler for proceedings held on 6-11-19 and 6-12-19 before Judge Dale A. Drozd. Court Reporter Karen Hooven. (Hooven, K)
June 11, 2019 Opinion or Order Filing 212 MINUTES (Text Only) for proceedings before District Judge Dale A. Drozd: JURY TRIAL (Day 7) held on 6/11/2019. Outside presence of jury, court and counsel discuss the #211 Motion for Sanctions. All parties and eight jurors present. Plaintiffs' witnesses Jeff Turman, Craig Craver (recalled), Michael Elmore, and David Felger (recalled) sworn and testified. Plaintiff RESTS. Outside presence of jury, defendants' oral motion for a direct verdict is Denied. Defendants' witnesses Ulises Viesca and Frances Mason sworn and testified. Exhibits received into evidence. Jurors admonished, excused for the evening, and ordered to return at 9:15 am tomorrow morning. Jury Trial (Day 8) CONTINUED to 6/12/2019, at 9:15 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Outside the presence of the jury, court and counsel further address the #211 Motion for Sanctions. Plaintiffs' Counsel Thomas Vogele and Timothy Kowal present. Defendants' Kevin Day, Michael Matthias and Joelle Berle present. Court Reporter: Karen Hooven. (Thorp, J)
June 11, 2019 Opinion or Order Filing 211 MOTION for SANCTIONS PLAINTIFFS MOTION FOR ORDER COMPELLING PRODUCTION OF COMMUNICATIONS BETWEEN SHELL, ALON, AND CHEVRON, AND FOR EVIDENCE, ISSUE, TERMINATING SANCTIONS, OR OTHER APPROPRIATE RELIEF; ALTERNATIVELY, FOR A JURY INSTRUCTION NOTIFYING THE JURY THAT DAVID FELGERS TESTIMONY WAS NOT TRUTHFUL; DECLARATION OF TIMOTHY M. KOWAL by C&C Properties, Inc.. Motion Hearing set for 6/11/2019 at 08:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Proof of Service Proof of Service)(Vogele, Thomas)
June 10, 2019 Opinion or Order Filing 210 TRANSCRIPT REQUEST by Alon USA Paramount Petroleum Corporation for proceedings held on 05-31-2019 before Judge Drozd. Court Reporter Karen Hooven. (Berle, Joelle)
June 10, 2019 Opinion or Order Filing 209 TRANSCRIPT of Proceedings held on 6-6-19, JURY TRIAL - DAY 6 before District Judge Dale A. Drozd, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. 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. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/1/2019. Redacted Transcript Deadline set for 7/11/2019. Release of Transcript Restriction set for 9/9/2019. (Hooven, K)
June 10, 2019 Opinion or Order Filing 208 TRANSCRIPT of Proceedings held on 6-5-19, JURY TRIAL - DAY 5 before District Judge Dale A. Drozd, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. 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. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/1/2019. Redacted Transcript Deadline set for 7/11/2019. Release of Transcript Restriction set for 9/9/2019. (Hooven, K)
June 10, 2019 Opinion or Order Filing 207 TRANSCRIPT of Proceedings held on 6-4-19, JURY TRIAL - DAY 4 before District Judge Dale A. Drozd, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. 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. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 7/1/2019. Redacted Transcript Deadline set for 7/11/2019. Release of Transcript Restriction set for 9/9/2019. (Hooven, K)
June 7, 2019 Opinion or Order Filing 206 TRANSCRIPT REQUEST by Plaintiffs for proceedings held on 6-4-19, 6-5-19 and 6-6-19 before Judge Dale A. Drozd. Court Reporter Karen Hooven. (Hooven, K)
June 7, 2019 Opinion or Order Filing 205 TRANSCRIPT REQUEST by Defendant Shell for proceedings held on 6-4-19, 6-5-19 and 6-6-19 before Judge Dale A. Drozd. Court Reporter Karen Hooven. (Hooven, K)
June 7, 2019 Opinion or Order Filing 204 TRANSCRIPT REQUEST by Defendant Alon for proceedings held on 6-4-19, 6-5-19 and 6-6-19 before Judge Dale A. Drozd. Court Reporter Karen Hooven. (Hooven, K)
June 6, 2019 Opinion or Order Filing 203 MINUTES (Text Only) for proceedings before District Judge Dale A. Drozd: JURY TRIAL (Day 6) held on 6/6/2019. Outside presence of jury, court and counsel discussed attorney client privilege issues. All parties and eight jurors present. Plaintiffs' witnesses Steve Adams and Susan Thompson sworn and testified. Outside presence of jury, plaintiffs' counsel made objections to defendants' exhibits 1114, 1117, 1118 and 1119. Court overruled objections. Defenses' witness Christopher Smart, taken out of order, sworn and testified. Plaintiffs' witness John Wilson sworn and testified. Exhibits received into evidence. Jurors admonished, excused for the evening, and ordered to return at 8:30 am Tuesday morning. Jury Trial (Day 7) CONTINUED to 6/11/2019, at 8:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Plaintiffs' Counsel Thomas Vogele and Timothy Kowal present. Defendants' Kevin Day, Michael Matthias and Joelle Berle present. Court Reporter: Karen Hooven. (Thorp, J)
June 5, 2019 Opinion or Order Filing 202 MINUTES (Text Only) for proceedings before District Judge Dale A. Drozd: JURY TRIAL (Day 5) held on 6/5/2019. Plaintiff witness George Stutzmann completed his testimony. Plaintiffs' witnesses William Cooper, Roger McIntosh, David Felger, Michael Burger and Claudia Joy Stern. Exhibits received into evidence. Jurors admonished, excused for the evening, and ordered to return at 8:30 am tomorrow morning. Jury Trial (Day 6) CONTINUED to 6/6/2019, at 8:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Plaintiffs' Counsel Thomas Vogele and Timothy Kowal present. Defendants' Kevin Day, Michael Matthias and Joelle Berle present. Court Reporter: Karen Hooven. (Thorp, J)
June 4, 2019 Opinion or Order Filing 201 MINUTES (Text Only) for proceedings before District Judge Dale A. Drozd: JURY TRIAL (Day 4) held on 6/4/2019. All parties and eight jurors present. Plaintiffs' witnesses Luis Alberto Lopez, Brenn Burtch and George Stutzmann sworn and testified. Exhibits received into evidence. Jurors admonished, excused for the evening, and ordered to return at 8:30 am tomorrow morning. Jury Trial (Day 5) CONTINUED to 6/5/2019, at 8:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Plaintiffs' Counsel Thomas Vogele and Timothy Kowal. Defendants' Kevin Day, Michael Matthias and Joelle Berle present. Court Reporter: Karen Hooven. (Thorp, J)
June 4, 2019 Opinion or Order Filing 200 PARTIAL TRANSCRIPT of Proceedings held on 5-31-19, TRIAL TESTIMONY OF MATTHEW WADE before District Judge Dale A. Drozd, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. 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. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 6/27/2019. Redacted Transcript Deadline set for 7/5/2019. Release of Transcript Restriction set for 9/3/2019. (Hooven, K)
June 4, 2019 Opinion or Order Filing 199 PARTIAL TRANSCRIPT of Proceedings held on 5-29-19 and 5-30-19, TRIAL TESTIMONY OF CRAIG CARVER before District Judge Dale A. Drozd, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. 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. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 6/27/2019. Redacted Transcript Deadline set for 7/5/2019. Release of Transcript Restriction set for 9/3/2019. (Hooven, K)
June 3, 2019 Opinion or Order Filing 198 AMENDED TRANSCRIPT REQUEST re #194 by Thomas Vogele for proceedings held on 5-29-19, 5-30-19 and 5-31-19 before Judge Dale A. Drozd. Court Reporter Karen Hooven. (Hooven, K)
May 31, 2019 Opinion or Order Filing 197 MINUTES (Text Only) for proceedings before District Judge Dale A. Drozd: JURY TRIAL (Day 3) held on 5/31/2019. Outside presence of jury, court and counsel reviewed scheduling issues. All parties and eight jurors present. Plaintiffs' witnesses Matthew Wade, Ralph Mayo (with attorney Rohit Nath), Grant Carver and Allan Elliot sworn and testified. Exhibits received into evidence. Jurors admonished, excused for the evening, and ordered to return at 1:00 pm Tuesday afternoon. Jury Trial (Day 4) CONTINUED to 6/4/2019, at 1:00 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Plaintiffs' Counsel Thomas Vogele, Timothy Kowal and Teddy Davis present. Defendants' Kevin Day, Michael Matthias and Joelle Berle present. Court Reporter: Karen Hooven. (Thorp, J)
May 31, 2019 Opinion or Order Filing 196 TRANSCRIPT REQUEST by Kevin Day for proceedings held on 5-29-19, 5-30-19 and 5-31-19 before Judge Dale A. Drozd. Court Reporter Karen Hooven. (Hooven, K)
May 31, 2019 Opinion or Order Filing 195 TRANSCRIPT REQUEST by Joelle A. Berle for proceedings held on 5-29-19, 5-30-19 and 5-31-19 before Judge Dale A. Drozd. Court Reporter Karen Hooven. (Hooven, K)
May 31, 2019 Opinion or Order Filing 194 TRANSCRIPT REQUEST by Thomas Vogele for proceedings held on 5-29-19, 5-30-19, 5-31-19 before Judge Dale A. Drozd. Court Reporter Karen Hooven. (Hooven, K)
May 31, 2019 Opinion or Order Filing 193 EXHIBIT LIST AMENDED JOINT EXHIBIT LIST by C&C Properties, Inc.. (Attachments: #1 Proof of Service Proof of Service of Amended Joint Exhibit List)(Vogele, Thomas)
May 30, 2019 Opinion or Order Filing 192 MINUTES (Text Only) for proceedings before District Judge Dale A. Drozd: JURY TRIAL (Day 2) held on 5/30/2019. Outside presence of jury, court and counsel reviewed previous ruling on a motion in limine. All parties and eight jurors present. Plaintiffs' witness Craig Carver completed his testimony. Exhibits received into evidence. Jurors admonished, excused for the evening, and ordered to return at 8:30 am tomorrow morning. Jury Trial (Day 3) CONTINUED to 5/31/2019, at 8:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Plaintiffs' Counsel Thomas Vogele, Timothy Kowal and Teddy Davis present. Defendants' Kevin Day, Michael Matthias and Joelle Berle present. Court Reporter: Karen Hooven. (Thorp, J)
May 29, 2019 Opinion or Order Filing 191 MINUTES (Text Only) for proceedings before District Judge Dale A. Drozd: JURY TRIAL begun on 5/29/2019. Court and counsel discuss pretrial issues. Motion in Limines are argued, submitted and ruled on as follows: Plaintiffs' #161 Motion to Exclude Evidence is granted as explained on the record. Defendants' #163 and #164 Joint Motions to Exclude Evidence are denied. Plaintiffs' #188 Motion to Appoint Expert as Substitute Expert is granted. Thirty-Four prospective jurors present (oath previously administered in jury assembly room), voir dire commenced at 9:20 am. Eight jurors selected and sworn to try cause at 12:25 PM. Remaining prospective jurors thanked and excused. Court read preliminary instructions. Opening statements made. Motion to exclude non-party witnesses is granted. Plaintiff witness Craig Carver sworn and testified. Jurors admonished, excused for the evening, and ordered to return at 8:30 AM tomorrow morning. Jury Trial (Day 2) CONTINUED to 5/29/2019, at 8:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Plaintiffs' Counsel Thomas Vogele, Timothy Kowal and Teddy Davis present. Defendants' Kevin Day, Michael Matthias and Joelle Berle present. Court Reporter: Karen Hooven. (Thorp, J)
May 28, 2019 Opinion or Order Filing 190 STATEMENT of AMENDED JOINT STATEMENT OF THE CASE by Plaintiffs C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC re #181 Statement. (Attachments: #1 Proof of Service Proof of Service)(Vogele, Thomas)
May 28, 2019 Opinion or Order Filing 189 NOTICE PLAINTIFFS AMENDMENT TO MOTION TO SUBSTITUTE EXPERT FOR DECEASED EXPERT JACK WILLIAMSON, TO ADD COMPLETE VERSION OF EXHIBIT 11 by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC re #188 MOTION to APPOINT EXPERT AS SUBSTITUTE FOR DECEASED EXPERT JACK WILLIAMSON. (Attachments: #1 Proof of Service Proof of Service)(Vogele, Thomas)
May 27, 2019 Opinion or Order Filing 188 MOTION to APPOINT EXPERT AS SUBSTITUTE FOR DECEASED EXPERT JACK WILLIAMSON by C&C Properties, Inc.. Motion Hearing set for 5/29/2019 at 08:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Proof of Service Proof of Service of Plaintiffs Motion re Substitution of Expert)(Vogele, Thomas)
May 24, 2019 Opinion or Order Filing 187 MINUTES (Text Only) for proceedings before District Judge Dale A. Drozd: MOTION HEARING held on 5/24/2019. #162 Motion In Limine to Bifurcate Issues and Claims for Trial, argued, submitted, and denied. Plaintiffs' Counsel Thomas Vogele and Timothy Kowal telephonically present. Defendants' Counsel Kevin Day, Michael Matthias, and Joelle Berle telephonically present. Court Reporter/CD Number: Karen Hooven. (Apodaca, P)
May 24, 2019 Opinion or Order Filing 186 TRANSCRIPT REQUEST by Shell Pipeline Company for proceedings held on 5/29/19 thru 6/14/19 before Judge Hon. Dale A. Drozd. Court Reporter Karen Hooven. (Day, Kevin)
May 22, 2019 Opinion or Order Filing 185 OBJECTIONS by Defendants Alon USA Paramount Petroleum Corporation, Shell Pipeline Company to #171 Proposed Jury Instructions. (Berle, Joelle)
May 22, 2019 Opinion or Order Filing 184 TRIAL BRIEF by Alon USA Paramount Petroleum Corporation.(Berle, Joelle)
May 22, 2019 Opinion or Order Filing 183 TRIAL BRIEF by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Attachments: #1 Proof of Service Proof of Service)(Vogele, Thomas)
May 22, 2019 Opinion or Order Filing 182 PROPOSED VOIR DIRE by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Attachments: #1 Proof of Service Proof of Service)(Vogele, Thomas)
May 22, 2019 Opinion or Order Filing 181 STATEMENT of Joint Statement of the Case by Plaintiffs C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Attachments: #1 Proof of Service Proof of Service)(Vogele, Thomas)
May 22, 2019 Opinion or Order Filing 180 OBJECTIONS by Plaintiffs C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC to #166 Proposed Jury Instructions. (Attachments: #1 Proof of Service Proof of Service)(Vogele, Thomas)
May 22, 2019 Opinion or Order Filing 179 TRIAL BRIEF by Shell Pipeline Company. (Attachments: #1 Certificate of Service)(Day, Kevin)
May 22, 2019 Opinion or Order Filing 178 REPLY by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC to RESPONSE to #161 MOTION IN LIMINE PLAINTIFFS NOTICE OF MOTION AND MOTION TO EXCLUDE EVIDENCE OF PLAINTIFFS SETTLEMENT WITH CHEVRON U.S.A. INC. (MOTION IN LIMINE NO. 1). (Attachments: #1 Proof of Service Proof of Service)(Vogele, Thomas)
May 22, 2019 Opinion or Order ACKNOWLEDGEMENT OF RECEIPT of Deposition Transcripts re #177 Notice of Lodging. (Jessen, A)
May 21, 2019 Opinion or Order Filing 177 NOTICE OF LODGING DOCUMENT(S) IN PAPER by Shell Pipeline Company: NOTICE OF LODGING DEPOSITION TRANSCRIPTS. (Attachments: #1 Proof of Service SHELL - CERTIFICATE OF SERVICE RE NOTICE OF LODGING DEPOSITION TRANSCRIPTS)(Day, Kevin)
May 21, 2019 Opinion or Order Filing 176 TRANSCRIPT REQUEST by Alon USA Paramount Petroleum Corporation for proceedings held on May 29, 2019 and June 14, 2019 before Judge Hon. Dale Drozd. Court Reporter Karen Hooven. (Berle, Joelle)
May 21, 2019 Opinion or Order ACKNOWLEDGEMENT OF RECEIPT of Deposition Transcripts from Plaintiffs re #173 Notice of Lodging. (Jessen, A)
May 20, 2019 Opinion or Order Filing 175 REPLY by Alon USA Paramount Petroleum Corporation, Shell Pipeline Company re #163 MOTION IN LIMINE Defendants Joint Notice of Motion And Motion In Limine To Exclude Evidence Relating To Any Question or Challenge To The: (1) Validity of The Texaco And Getty Easements, (2) Validity of The Assignments of The Easements, And (3) Cons, #164 MOTION IN LIMINE Defendants Joint Notice of Motion And Motion In Limine To Exclude Evidence Relating To Alleged Liability or Damages Prior To The Required Notice Period Set Forth In The Easements And Pursuant To Plaintiffs Agreement; Declaration of. (Berle, Joelle)
May 20, 2019 Opinion or Order Filing 174 REPLY by Shell Pipeline Company re #162 MOTION to BIFURCATE DEFENDANTS SHELL PIPELINE COMPANY AND ALON USA PARAMOUNT PETROLEUM CORPORATIONS MOTION TO BIFURCATE ISSUES AND CLAIMS FOR TRIAL; DECLARATION OF KEVIN A. DAY IN SUPPORT. (Attachments: #1 CERTIFICATE OF SERVICE RE DEFENDANTS JOINT REPLY IN SUPPORT OF MOTION TO BIFURCATE)(Day, Kevin)
May 20, 2019 Opinion or Order Filing 173 NOTICE OF LODGING OF DEPOSITION TRANSCRIPTS by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Attachments: #1 Proof of Service Proof of Service)(Vogele, Thomas)
May 16, 2019 Opinion or Order Filing 172 MINUTE ORDER: (TEXT ENTRY ONLY) signed by District Judge Dale A. Drozd on 5/16/2019. #162 Motion to Bifurcate is set for 5/24/2019 at 11:00 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. The parties are encouraged to appear telephonically and may do so by dialing 877-402-9757 (access code 6966236) at the time of the hearing. Because the court may be hearing other matters using the same conference line, please wait to state your appearance until your case has been called and appearances are requested. Keep all background noise to a minimum. Use of any feature(s) that may have an impact upon the quality of voice transmission (such as speakerphones, headsets, etc.) are prohibited; use of a land line or hand-held cell phone is required. At least 24 hours prior to the hearing, if you have not already done so, you must email Courtroom Deputy Jami Thorp, at JThorp@caed.uscourts.gov, to advise the court you will be appearing telephonically. (Thorp, J)
May 15, 2019 Opinion or Order Filing 171 PROPOSED JURY INSTRUCTIONS by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Attachments: #1 Proof of Service)(Vogele, Thomas)
May 15, 2019 Opinion or Order Filing 170 OBJECTIONS by Plaintiffs C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC to #159 Exhibit List. (Attachments: #1 Proof of Service)(Vogele, Thomas)
May 15, 2019 Opinion or Order Filing 169 OPPOSITION by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC to #163 MOTION IN LIMINE Defendants Joint Notice of Motion And Motion In Limine To Exclude Evidence Relating To Any Question or Challenge To The: (1) Validity of The Texaco And Getty Easements, (2) Validity of The Assignments of The Easements, And (3) Cons, #164 MOTION IN LIMINE Defendants Joint Notice of Motion And Motion In Limine To Exclude Evidence Relating To Alleged Liability or Damages Prior To The Required Notice Period Set Forth In The Easements And Pursuant To Plaintiffs Agreement; Declaration of. (Attachments: #1 Proof of Service)(Vogele, Thomas)
May 15, 2019 Opinion or Order Filing 168 OPPOSITION by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC to #162 MOTION to BIFURCATE DEFENDANTS SHELL PIPELINE COMPANY AND ALON USA PARAMOUNT PETROLEUM CORPORATIONS MOTION TO BIFURCATE ISSUES AND CLAIMS FOR TRIAL; DECLARATION OF KEVIN A. DAY IN SUPPORT. (Attachments: #1 Proof of Service)(Vogele, Thomas)
May 15, 2019 Opinion or Order Filing 167 OBJECTIONS by Defendants Alon USA Paramount Petroleum Corporation, Shell Pipeline Company to #159 Exhibit List. Attorney Berle, Joelle A. added. (Berle, Joelle)
May 15, 2019 Opinion or Order Filing 166 PROPOSED JURY INSTRUCTIONS by Shell Pipeline Company. (Attachments: #1 Certificate of Service)(Day, Kevin)
May 15, 2019 Opinion or Order Filing 165 OPPOSITION by Shell Pipeline Company to #161 MOTION IN LIMINE PLAINTIFFS NOTICE OF MOTION AND MOTION TO EXCLUDE EVIDENCE OF PLAINTIFFS SETTLEMENT WITH CHEVRON U.S.A. INC. (MOTION IN LIMINE NO. 1). (Attachments: #1 CERTIFICATE OF SERVICE)(Day, Kevin)
May 8, 2019 Opinion or Order Filing 164 MOTION IN LIMINE Defendants Joint Notice of Motion And Motion In Limine To Exclude Evidence Relating To Alleged Liability or Damages Prior To The Required Notice Period Set Forth In The Easements And Pursuant To Plaintiffs Agreement; Declaration of Joelle A. Berle by Alon USA Paramount Petroleum Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Berle, Joelle)
May 8, 2019 Opinion or Order Filing 163 MOTION IN LIMINE Defendants Joint Notice of Motion And Motion In Limine To Exclude Evidence Relating To Any Question or Challenge To The: (1) Validity of The Texaco And Getty Easements, (2) Validity of The Assignments of The Easements, And (3) Consent or Lack of Written Consent By Chevron To The Assignments of The Easements by Alon USA Paramount Petroleum Corporation. (Berle, Joelle)
May 8, 2019 Opinion or Order Filing 162 MOTION to BIFURCATE DEFENDANTS SHELL PIPELINE COMPANY AND ALON USA PARAMOUNT PETROLEUM CORPORATIONS MOTION TO BIFURCATE ISSUES AND CLAIMS FOR TRIAL; DECLARATION OF KEVIN A. DAY IN SUPPORT by Shell Pipeline Company. Motion Hearing set for 5/29/2019 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 CERTIFICATE OF SERVICE)(Day, Kevin)
May 8, 2019 Opinion or Order Filing 161 MOTION IN LIMINE PLAINTIFFS NOTICE OF MOTION AND MOTION TO EXCLUDE EVIDENCE OF PLAINTIFFS SETTLEMENT WITH CHEVRON U.S.A. INC. (MOTION IN LIMINE NO. 1) by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Attachments: #1 Proof of Service Proof of Service)(Vogele, Thomas)
April 12, 2019 Opinion or Order Filing 160 NOTICE of APPEARANCE by Joelle A. Berle on behalf of Alon USA Paramount Petroleum Corporation. Attorney Berle, Joelle A. added. (Berle, Joelle)
April 1, 2019 Opinion or Order Filing 159 EXHIBIT LIST (JOINT) by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Attachments: #1 Proof of Service Proof of Service)(Vogele, Thomas)
March 7, 2019 Opinion or Order Filing 158 AMENDED FINAL PRETRIAL ORDER signed by District Judge Dale A. Drozd on 3/6/2019. (Thorp, J)
February 19, 2019 Opinion or Order Filing 157 OBJECTIONS by Defendant Alon USA Paramount Petroleum Corporation to #154 Pretrial Order. (Matthias, Michael)
February 19, 2019 Opinion or Order Filing 156 FINAL PRETRIAL ORDER signed by District Judge Dale A. Drozd on 2/19/2019. (Thorp, J)
February 18, 2019 Opinion or Order Filing 155 STIPULATION RE: SUBMISSION OF EXHIBIT LISTS AND PROPOSED OBJECTION TO TENTATIVE PRETRIAL ORDER by C&C Properties, Inc.. (Attachments: #1 Proof of Service Proof of Service)(Vogele, Thomas)
February 6, 2019 Opinion or Order Filing 154 TENTATIVE PRETRIAL ORDER signed by District Judge Dale A. Drozd on 2/5/2019. (Thorp, J)
February 4, 2019 Opinion or Order Filing 153 MINUTES (Text Only) for proceedings before District Judge Dale A. Drozd: PRETRIAL CONFERENCE held on 2/4/2019, a tentative pretrial order will issue. Court will qualify 14 prospective jurors to conduct voir dire and select 8 to try the case. Jury Trial currently set for 4/2/2019 is CONTINUED to 5/29/2019 at 8:30 am in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Parties give a 3week time estimate. Plaintiffs' Counsel Thomas Vogele present. Defendants' Counsel Kevin Day and Michael Mattias present. Court Reporter: Karen Hooven. (Thorp, J)
January 28, 2019 Opinion or Order Filing 152 PRETRIAL STATEMENT by Plaintiff C&C Properties, Inc.. (Attachments: #1 Proof of Service Proof of Service)(Vogele, Thomas)
January 25, 2019 Opinion or Order Filing 151 MINUTE ORDER: (Text Entry Only) signed by District Judge Dale A. Drozd on 1/25/2019; this matter is on calendar for Pretrial Conference before District Judge Dale A. Drozd on 2/4/2019, at 1:30pm. The parties may appear telephonically by dialing 877-402-9757 (access code 6966236) at the time of the hearing. Keep all background noise to a minimum. Use of any feature(s) that may have an impact upon the quality of voice transmission (such as speakerphones, headsets, etc.) are prohibited; use of a land line or hand-held cell phone is required. At least 24 hours prior to the hearing, if you have not already done so, you must email Courtroom Deputy Jami Thorp, at JThorp@caed.uscourts.gov, to advise the court you will be appearing telephonically. (Thorp, J)
January 10, 2019 Opinion or Order Filing 150 ORDER GRANTING #149 SUBSTITUTION OF ATTORNEY. signed by Magistrate Judge Jennifer L. Thurston on 1/10/2019. Attorney Michael R. Matthias substituted as counsel for Alon USA Paramount Petroleum Corporation in place of Attorney Kevin Andrew Day. (Hall, S)
December 31, 2018 Opinion or Order Filing 149 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Alon USA Paramount Petroleum Corporation. (Matthias, Michael)
August 21, 2018 Opinion or Order Filing 148 MINUTE ORDER: (TEXT ENTRY ONLY) signed by District Judge Dale A. Drozd on 8/21/2018. Pretrial Conference is set for 2/4/2019, at 01:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Jury Trial is set for 4/2/2019 at 01:00 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Thorp, J)
August 20, 2018 Opinion or Order Filing 147 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Shell Pipeline Company. (Attachments: #1 DECLINE OF JURISDICTION OF UNITED STATES MAGISTRATE JUDGE)(Day, Kevin)
August 3, 2018 Opinion or Order Filing 146 CONSENT to JURISDICTION of US MAGISTRATE JUDGE by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Vogele, Thomas)
August 3, 2018 Opinion or Order Filing 145 MINUTE ORDER: (TEXT ENTRY ONLY) signed by District Judge Dale A. Drozd on 8/3/2018. By the close of business on 8/17/2018, defendants are required to notify the Court in writing, on the form provided at docket entry 4-2, whether they consent to the assignment of this matter to a U.S. Magistrate Judge for all purposes pursuant to 28 U.S.C. section 636(c). (Thorp, J)
June 14, 2018 Opinion or Order Filing 144 ORDER Denying Plaintiffs' #124 Motion for Partial Summary Judgment, signed by District Judge Dale A. Drozd on 6/14/2018. (The parties are directed to contact Courtroom Deputy Renee Gaumnitz at (559) 499-5652, or RGaumnitz@caed.uscourts.gov, within ten days of service of this order regarding the re-scheduling of the Final Pretrial Conference and Jury Trial dates in this case.) (Gaumnitz, R)
February 8, 2018 Opinion or Order Filing 143 JOINT STATUS REPORT by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Vogele, Thomas)
December 20, 2017 Opinion or Order Filing 142 ORDER DENYING #140 Plaintiff's Motion to Modify the Scheduling Order, signed by Magistrate Judge Jennifer L. Thurston on 12/20/2017. (Hall, S)
October 2, 2017 Opinion or Order Filing 141 ORDER SETTING BRIEFING SCHEDULE on Plaintiff's Motion to Modify the Scheduling Order #140 , signed by Magistrate Judge Jennifer L. Thurston on 9/29/2017. Defendant's opposition or notice of non-opposition due by 10/18/2017; any reply due one week following the opposition. (Hall, S)
July 7, 2017 Opinion or Order Filing 140 MOTION MODIFY SCHEDULING ORDER TO ALLOW PLAINTIFFS TO FILE PROPOSED MOTION TO COMPEL re #108 Order,,,, Set/Reset Deadlines and Hearings,,, by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Attachments: #1 Proof of Service Proof of Service of Motion to Modify Scheduling Order)(Vogele, Thomas)
June 29, 2017 Opinion or Order Filing 139 MINUTES (Text Only) for proceedings before Magistrate Judge Jennifer L. Thurston: INFORMAL TELEPHONIC CONFERENCE held in chambers and off the record on 6/29/2017. (Doc. 138 ) The Court reminded counsel that the deadline for non-dispositive motions expired in February 2017 according to the case schedule (Doc. #108 ). Counsel was reminded also that to file a motion that is not timely according to the case schedule, they must file a motion to amend the case schedule under Rule 16. They were further advised that the Court does not look favorably on motions to amend the case schedule filed after the expiration of the operative deadline. Consequently, the motion to compel (Doc. #137 ) is dropped from calendar and terminated. Plaintiffs Counsel Tim Kowal present. Defendants Counsel Kevin Day present. (Hall, S)
June 27, 2017 Opinion or Order Filing 138 MINUTE ORDER (TEXT ENTRY ONLY), signed by Magistrate Judge Jennifer L. Thurston on 6/27/2017: The Court SETS an Informal Telephonic Conference re: Discovery for 6/29/2017 at 11:00 AM before Magistrate Judge Jennifer L. Thurston. To participate in the conference, each party shall dial (888) 557-8511 and enter Access Code 1652736. (Hall, S)
June 26, 2017 Opinion or Order Filing 137 MOTION to COMPEL PLAINTIFFS NOTICE OF MOTION TO COMPEL RESPONSES AND DOCUMENTS AS TO REQUEST FOR PRODUCTION, SET 3 by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. Motion Hearing set for 7/20/2017 at 09:30 AM before District Judge Dale A. Drozd. (Attachments: #1 Statement JOINT STATEMENT RE DISCOVERY DISAGREEMENT CONCERNING PLAINTIFFS REQUEST FOR PRODUCTION, SET 3, #2 Proof of Service PROOF OF SERVICE)(Vogele, Thomas)
June 12, 2017 Opinion or Order Filing 136 MINUTES (Text Only) for proceedings before Magistrate Judge Jennifer L. Thurston: Informal conference re: discovery dispute HELD in chambers and off the record on 6/12/2017. The plaintiffs are authorized to file their motion to compel and set it on the calendar of Judge Thurston. Counsel SHALL comply with Local Rule 251(c) which requires the plaintiff to file a notice of motion and counsel then file a joint statement re: discovery disagreement. Other than this joint statement, no motion, opposition or reply is permitted. The joint statement must include all arguments and legal authority upon which the parties will rely and, as necessary, they should append their evidence to it. Plaintiffs Counsel Tim Kowal present. Defendants Counsel Kevin Day present. (Hall, S)
June 8, 2017 Opinion or Order Filing 135 MINUTE ORDER: (Text Only) signed by District Judge Dale A. Drozd on 6/8/2017. Pretrial Conference set for 6/26/2017, and Jury Trial set for 8/22/2017, are VACATED pending the court's ruling on the #124 motion for summary judgment currently under submission; hearings to be reset if necessary. (Gaumnitz, R)
June 7, 2017 Opinion or Order Filing 134 MINUTE ORDER (TEXT ENTRY ONLY), signed by Magistrate Judge Jennifer L. Thurston on 6/7/2017: The time for the Informal Telephonic Conference re: Discovery set for 6/12/2017 at 2:30 PM before Magistrate Judge Jennifer L. Thurston has been changed. The Informal Telephonic Conference will now be heard on 6/12/2017 at 3:30 pm (TIME CHANGE ONLY). Each party shall dial (888) 557-8511 and enter Access Code 1652736.(Rosales, O)
June 7, 2017 Opinion or Order Filing 133 MINUTE ORDER (TEXT ENTRY ONLY), signed by Magistrate Judge Jennifer L. Thurston on 6/7/2017: The Court SETS a Telephonic Informal Telephonic Conference re: Discovery for 6/12/2017 at 2:30 PM before Magistrate Judge Jennifer L. Thurston. Each party shall dial (888) 557-8511 and enter Access Code 1652736. (Rosales, O)
May 15, 2017 Opinion or Order Filing 132 STATEMENT of JOINT STATEMENT RE DISCOVERY DISAGREEMENT CONCERNING PLAINTIFFS REQUEST FOR PRODUCTION, SET 3 by Plaintiffs C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Proof of Service Proof of Service)(Vogele, Thomas)
April 18, 2017 Opinion or Order Filing 131 MINUTES (Text Only) for proceedings before District Judge Dale A. Drozd: MOTION HEARING held on 4/18/2017. #124 Motion for Summary Judgment argued and submitted; written order will issue. Plaintiffs Counsel Timothy Kowal telephonically present and Thomas Vogele present. Defendants Counsel Kevin Day present. Court Reporter/CD Number: Karen Hooven. (Thorp, J)
April 13, 2017 Opinion or Order Filing 130 MINUTE ORDER: (TIME CHANGE ONLY) signed by District Judge Dale A. Drozd on 4/13/2017; The #124 motion for summary judgment on calendar 4/18/2017, WILL BE HEARD at 11:15 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. The parties are encouraged to appear telephonically and may do so by dialing 877-402-9757 (access code 6966236), at the time of the hearing. Because the court may be hearing other matters using the same conference line, please wait to state your appearance until your case has been called and appearances are requested. Keep all background noise to a minimum. At least 24 hours prior to the hearing you must email Courtroom Deputy Renee Gaumnitz, at RGaumnitz@caed.uscourts.gov, to advise the court you will be appearing telephonically.(Thorp, J)
April 11, 2017 Opinion or Order Filing 129 REPLY by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC to RESPONSE to #124 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Declaration DECLARATION OF MATT WADE AND SUPPLEMENTAL DECLARATIONS OF CRAIG CARVER AND TIMOTHY M. KOWAL IN SUPPORT OF PLAINTIFFS REPLY RE MOTION FOR PARTIAL SUMMARY JUDGMENT OF ISSUES, #2 Objection Letter PLAINTIFFS EVIDENTIARY OBJECTIONS TO THE DECLARATION OF DAVID FELGER IN SUPPORT OF SHELL PIPELINE COMPANYS OPPOSITION TO THE MOTION FOR PARTIAL SUMMARY JUDGMENT, #3 Objection Letter PLAINTIFFS EVIDENTIARY OBJECTIONS TO THE DECLARATION OF MOHSEN AHMADI IN SUPPORT OF ALON USA PARAMOUNT PETROLEUM CORP.S OPPOSITION TO THE MOTION FOR PARTIAL SUMMARY JUDGMENT, #4 Objection Letter PLAINTIFFS EVIDENTIARY OBJECTIONS TO THE DECLARATION OF CHRIS SMART IN SUPPORT OF SHELL PIPELINE COMPANY AND ALON USA PARAMOUNT PETROLEUM CORP.S OPPOSITION TO THE MOTION FOR PARTIAL SUMMARY JUDGMENT, #5 Proof of Service PROOF OF SERVICE)(Vogele, Thomas)
April 6, 2017 Opinion or Order Filing 128 MINUTES (Text Only) for proceedings before Magistrate Judge Jennifer L. Thurston: SETTLEMENT CONFERENCE held in chambers and off the record on 4/6/2017; CASE NOT SETTLED. If after the motion for summary adjudication, the parties agree the case is in a settlement posture, they may jointly request the Court set a further settlement conference either before the assigned Magistrate Judge or, at their request, before a Magistrate Judge not already assigned to the case. Plaintiffs Counsel Thomas Vogele present. Defendants Counsel Kevin Day present. (Hall, S)
April 4, 2017 Opinion or Order Filing 127 OBJECTIONS by Defendants Alon USA Paramount Petroleum Corporation, Shell Pipeline Company to #124 MOTION for SUMMARY JUDGMENT. (Day, Kevin)
April 4, 2017 Opinion or Order Filing 126 OPPOSITION by Alon USA Paramount Petroleum Corporation, Shell Pipeline Company to #124 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Declaration Declarations of Kevin A Day, David Felger, Mohsen Ahmadi, and Chris Smart In Support of Defendants' Opposition ot Plaintiff's Motion for Partial Summary Judgment of Issues, #2 Statement Defendants' Separate Statement of Material Facts In Dispute and Additional Undisputed Material Facts In Support of Opposition to Motion for Partial Summary Judgment Filed by Plaintiffs)(Day, Kevin)
March 30, 2017 Opinion or Order Filing 125 NOTICE of Submission of Joint Confidential Updated Settlement Conference Statement by Alon USA Paramount Petroleum Corporation, Shell Pipeline Company. (Day, Kevin)
March 14, 2017 Opinion or Order Filing 124 MOTION for SUMMARY JUDGMENT by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. Motion Hearing set for 4/18/2017 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Proof of Service PROOF OF SERVICE OF PLAINTIFFS NOTICE AND MOTION FOR PARTIAL SUMMARY JUDGMENT OF ISSUES OF DEFENDANTS LIABILITY FOR EJECTMENT, TRESPASS, AND BREACH OF CONTRACT, #2 Statement PLAINTIFFS STATEMENT OF UNDISPUTED FACTS AND CONCLUSIONS OF LAW IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT OF ISSUES, #3 Proof of Service PROOF OF SERVICE OF PLAINTIFFS STATEMENT OF UNDISPUTED FACTS AND CONCLUSIONS OF LAW IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT OF ISSUES, #4 Declaration DECLARATIONS OF CRAIG CARVER, MARK JONES, AND TIMOTHY M. KOWAL IN SUPPORT OF PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT OF ISSUES, #5 Proof of Service PROOF OF SERVICE OF DECLARATIONS OF CRAIG CARVER, MARK JONES, AND TIMOTHY M. KOWAL IN SUPPORT OF PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT OF ISSUES)(Vogele, Thomas)
February 22, 2017 Opinion or Order Filing 123 ORDER GRANTING #122 Stipulation to Continue Settlement Conference, signed by Magistrate Judge Jennifer L. Thurston on 2/21/2017. Settlement Conference CONTINUED to 4/6/2017 at 09:00 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Hall, S)
February 21, 2017 Opinion or Order Filing 122 STIPULATION and PROPOSED ORDER for CONTINUANCE OF THE FEBRUARY 23, 2017 SETTLEMENT CONFERENCE by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Vogele, Thomas)
February 17, 2017 Opinion or Order Filing 121 MINUTE ORDER (TEXT ENTRY ONLY), signed by Magistrate Judge Jennifer L. Thurston on 2/17/2017: Based upon the pending discovery and the wide chasm in settlement postures as demonstrated through the pre-conference offers, the Court is not convinced the matter is currently in a settlement posture. No later than 2/21/2017, counsel SHALL file a joint statement indicating whether they believe the settlement conference, set for 2/23/2017, is likely to be productive. If both sides do not agree the matter is currently in a settlement posture, they SHALL propose a date to which the settlement conference should be moved. (Hall, S)
December 22, 2016 Opinion or Order Filing 120 MINUTE ORDER (TEXT ENTRY ONLY), signed by Magistrate Judge Jennifer L. Thurston on 12/22/2016: At the request of the parties (Doc. #119 ), the Settlement Conference set for 12/29/2016 at 09:30 AM is VACATED. The Settlement Conference set for 2/23/2017 at 09:00 AM remains on calendar. The parties are reminded of their obligations pursuant to the Court's Order (Doc. #108 at 5-6), and SHALL lodge their confidential settlement conference statements at least five court days prior to the Settlement Conference. (Hall, S)
December 21, 2016 Opinion or Order Filing 119 REQUEST for Stipulated Order Resetting the December 29, 2016 Settlement Conference for January 2017 by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Vogele, Thomas)
December 7, 2016 Opinion or Order Filing 118 MINUTE ORDER (TEXT ENTRY ONLY), signed by Magistrate Judge Jennifer L. Thurston on 12/7/2016: The Settlement Conference, currently set for 12/13/2016 is CONTINUED to 12/29/2016 at 09:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. No later than 12/12/2016, Defendants SHALL make a meaningful counteroffer to the offer made by the plaintiffs on November 22, 2016. (Doc. #108 at 5-6) It is insufficient to merely reject the plaintiffs' offer. In addition, Defendants have failed to comply with the Court's order to lodge their settlement conference statement "[a]t least five court days before the Settlement Conference." (Doc. #108 at 6) Therefore, the defendants SHALL lodge their settlement conference statement no later than 12/22/2016. (Hall, S)
October 12, 2016 Opinion or Order Filing 117 ORDER GRANTING #114 Request to Continue Settlement Conference, signed by Magistrate Judge Jennifer L. Thurston on 10/11/2016. Settlement Conference CONTINUED to 12/13/2016 at 09:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Hall, S)
October 12, 2016 Opinion or Order Filing 116 MINUTE ORDER (TEXT ENTRY ONLY), signed by Magistrate Judge Jennifer L. Thurston on 10/12/2016: In light of the information contained in the joint status report that discovery efforts are proceeding appropriately, the Court VACATES the Mid-Discovery Status Conference set for 10/18/2016 at 9:30 AM. Counsel are reminded of their obligation to complete all discovery within the time frames set forth in the Scheduling Order. (Hall, S)
October 11, 2016 Opinion or Order Filing 115 JOINT STATUS REPORT by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Kowal, Timothy)
October 11, 2016 Opinion or Order Filing 114 STIPULATION and PROPOSED ORDER for Request to Continue Settlement Conference by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Attachments: #1 Declaration Declaration of T. Kowal ISO Request to Continue Settlement Conference)(Kowal, Timothy)
October 11, 2016 Opinion or Order Filing 113 STIPULATED PROTECTIVE ORDER between plaintiffs and defendant Alon USA Paramount Petroleum Corporation, signed by Magistrate Judge Jennifer L. Thurston on 10/11/2016. (Hall, S)
October 11, 2016 Opinion or Order Filing 112 STIPULATED PROTECTIVE ORDER between plaintiffs and defendant Shell Pipeline Company, signed by Magistrate Judge Jennifer L. Thurston on 10/11/2016. (Hall, S)
October 11, 2016 Opinion or Order Filing 111 STIPULATION and PROPOSED ORDER for Stipulated Protective Order by Alon USA Paramount Petroleum Corporation. (Day, Kevin)
October 11, 2016 Opinion or Order Filing 110 STIPULATION and PROPOSED ORDER for Stipulated Protective Order by Shell Pipeline Company. (Day, Kevin)
September 7, 2016 Opinion or Order Filing 109 MINUTE ORDER (TEXT ENTRY ONLY), signed by Magistrate Judge Jennifer L. Thurston on 9/7/2016: To promote judicial economy and conserve resources, the Mid-Discovery Status Conference set for 10/19/2016 at 09:00 AM is ADVANCED to 10/18/2016 at 09:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston to be heard simultaneously with the Settlement Conference. (Hall, S)
June 21, 2016 Opinion or Order Filing 108 SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 6/21/2016. Pleading Amendment Deadline 8/15/2016. Discovery Deadlines: Initial Disclosures 7/11/2016; Non-Expert 12/16/2016; Expert 1/16/2017. Mid-Discovery Status Conference set for 10/19/2016 at 09:00 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Non-Dispositive Motion Deadlines: Filed by 2/3/2017; Hearing by 3/3/2017. Dispositive Motion Deadlines: Filed by 3/14/2017; Hearing by 5/2/2017. Settlement Conferences set for 10/18/2016 at 09:30 AM and 2/23/2017 at 09:00 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Pretrial Conference set for 6/26/2017 at 01:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Jury Trial set for 8/22/2017 at 08:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Hall, S)
June 21, 2016 Opinion or Order Filing 107 MINUTES (Text Only) for proceedings before Magistrate Judge Jennifer L. Thurston: SCHEDULING CONFERENCE held on 6/21/2016. Case SCHEDULED; Court to issue Scheduling Order. Plaintiffs Counsel Thomas Vogele present. Defendants Counsel Kevin Day present. Court Reporter/CD Number: ECRO/FTR (Hall). (Hall, S)
June 17, 2016 Opinion or Order Filing 106 JOINT STATUS REPORT by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Kowal, Timothy)
June 16, 2016 Opinion or Order Filing 105 MINUTE ORDER: (Text Entry Only) signed by District Judge Dale A. Drozd on 6/16/2016; The parties shall file a brief joint status report (no more than two pages in length) regarding the status of the removal of the 14" pipeline by defendant Shell by the close of business 6/17/2016. (Gaumnitz, R)
June 15, 2016 Opinion or Order Filing 104 JOINT SCHEDULING REPORT by Alon USA Paramount Petroleum Corporation, Shell Pipeline Company. (Day, Kevin)
May 9, 2016 Opinion or Order Filing 103 SECOND AMENDED COMPLAINT against Alon USA Paramount Petroleum Corporation, Chevron Pipe Line Company, Shell Pipeline Company by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC.(Kowal, Timothy)
May 3, 2016 Opinion or Order Filing 102 ORDER Denying Without Prejudice Plaintiff's #83 Motion for Sanctions and Granting Plaintiffs' #93 Motion for Leave to File a Second Amended Complaint, signed by District Judge Dale A. Drozd on 5/2/2016. ((1) Plaintiffs' #83 motion for sanctions is denied without prejudice; (2) The parties shall file a joint status report regarding the status of the removal of the 14" pipeline by defendant Shell within 10 days of the issuance of this order; and (3) Plaintiffs' #93 motion for leave to amend is granted and plaintiffs' are directed to electronically file the proposed second amended complaint attached as Exhibit 5 to the Motion to Amend within seven days of the date of this order.)(Gaumnitz, R)
April 19, 2016 Opinion or Order Filing 101 MINUTES (Text Only) for proceedings before District Judge Dale A. Drozd: MOTION HEARING held on 4/19/2016; #83 Motion for Sanctions and #93 Motion to Amend the Amended Complaint were argued and submitted; written decisions will issue. Plaintiffs' Counsel Thomas Vogele present. Defendants' Counsel Kevin Day present. Court Reporter/CD Number: K. Hooven. (Gaumnitz, R)
April 12, 2016 Opinion or Order Filing 100 REPLY by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC re #97 Opposition to Motion, #98 Opposition to Motion. (Kowal, Timothy)
April 12, 2016 Opinion or Order Filing 99 REPLY by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC re #96 Opposition to Motion. (Kowal, Timothy)
April 5, 2016 Opinion or Order Filing 98 OPPOSITION by Shell Pipeline Company to #83 Motions for Sanctions; Motion to Remove Pipelines. (Day, Kevin)
April 5, 2016 Opinion or Order Filing 97 OPPOSITION by Alon USA Paramount Petroleum Corporation to #83 Motions for Sanctions; Motion to Remove Pipelines. (Day, Kevin)
April 5, 2016 Opinion or Order Filing 96 OPPOSITION by Alon USA Paramount Petroleum Corporation, Shell Pipeline Company to #93 MOTION to AMEND the #32 Amended Complaint. (Day, Kevin)
March 16, 2016 Opinion or Order Filing 95 MINUTE ORDER: (Text Entry Only) signed by District Judge Dale A. Drozd on 3/16/2016; #93 Motion to Amend the Amended Complaint previously set for 4/8/2016, before Magistrate Judge Jennifer L. Thurston is CONTINUED to 4/19/2016, at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Initial Scheduling Conference previously set for 4/8/2016, is CONTINUED to 6/21/2016, at 09:30 AM in Bakersfield at 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Gaumnitz, R)
March 15, 2016 Opinion or Order Filing 94 PROPOSED ORDER re MOTION AND MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT re #93 MOTION to AMEND the #32 Amended Complaint by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Attachments: #1 Proof of Service)(Kowal, Timothy)
March 15, 2016 Opinion or Order Filing 93 MOTION to AMEND the #32 Amended Complaint by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. Motion Hearing set for 4/8/2016 at 09:30 AM in Bakersfield at 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 Proof of Service)(Kowal, Timothy)
March 3, 2016 Opinion or Order Filing 92 MINUTE ORDER (TEXT ENTRY ONLY), signed by Magistrate Judge Jennifer L. Thurston on 3/3/2016: In light of the reassignment of this case to District Judge Dale A. Drozd, a Scheduling Conference is SET for 4/8/2016 at 08:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston . Telephonic appearances via CourtCall are authorized. The parties shall file a joint scheduling report in compliance with the procedures set forth in the Order Setting Mandatory Scheduling Conference (Doc. #4 ). (Hall, S)
March 1, 2016 Opinion or Order Filing 91 MINUTE ORDER: (Text Entry Only) signed by District Judge Dale A. Drozd on 3/1/2016; Hearing on Plaintiff's #83 Motion for Sanctions previously set for 4/1/2016, before Magistrate Judge Jennifer L. Thurston, is CONTINUED to 4/19/2016, at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Gaumnitz, R)
February 29, 2016 Opinion or Order Filing 90 MINUTE ORDER (Text Entry Only), signed by Magistrate Judge Jennifer L. Thurston on 2/29/2016: The notice on the motion to amend the complaint (Doc. #88 ) is inadequate and the motion is terminated. Counsel may re-notice the motion but, before doing so, SHALL meet and confer with opposing counsel to attempt to resolve the matter via a stipulation. With the re-noticed motion, the moving party SHALL file a certification that the meet and confer efforts were made, how they were made and the result. (Hall, S)
February 29, 2016 Opinion or Order Filing 89 PROPOSED ORDER re Motion for Leave to File Second Amended Complaint re #88 MOTION to AMEND the #32 Amended Complaint by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Kowal, Timothy)
February 29, 2016 Opinion or Order Filing 88 MOTION to AMEND the #32 Amended Complaint by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. Motion Hearing set for 3/11/2016 at 09:30 AM in Bakersfield at 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 Proposed Order)(Kowal, Timothy)
February 29, 2016 Opinion or Order Filing 87 ORDER by Chief Judge Morrison C. England, Jr.: Due to the appointment of Judge Dale A. Drozd to the position of U.S. District Judge, this action is reassigned from *District Judge John A. Mendez* to District Judge Dale A. Drozd for all further proceedings. (Verduzco, M)
February 25, 2016 Opinion or Order Filing 86 ORDER GRANTING #85 Stipulation to Continue Hearing on Motion for Sanctions, signed by Magistrate Judge Jennifer L. Thurston on 2/24/2016. Hearing on Motion for Sanctions (Doc. #83 ) CONTINUED to 4/1/2016 at 10:00 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Telephonic appearances via CourtCall are authorized. (Hall, S)
February 23, 2016 Opinion or Order Filing 85 STIPULATION TO CONTINUE HEARING re #83 Motions for Sanctions; Motion to Remove Pipelines by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Kowal, Timothy) Modified on 2/23/2016 (Kaminski, H).
February 15, 2016 Opinion or Order Filing 84 CERTIFICATE of SERVICE by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC re #83 Motion for Sanctions/Motion to Remove Pipelines. (Kowal, Timothy)
February 12, 2016 Opinion or Order Filing 83 MOTION for SANCTIONS against Alon and Shell and to Remove Pipelines within 10 Days by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. Motion Hearing set for 3/11/2016 at 09:30 AM in Bakersfield at 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Kowal, Timothy) Modified on 2/16/2016 (Benson, A).
December 18, 2015 Opinion or Order Filing 82 NOTICE of Posting Amended Bond by All Plaintiffs re #81 Notice. (Attachments: #1 Proposed Order)(Kowal, Timothy) Modified on 12/21/2015 (Kastilahn, A).
December 18, 2015 Opinion or Order Filing 81 NOTICE re Amended Undertaking for Preliminary Injunction Bond by All Plaintiffs re #76 Order. (Attachments: #1 Proof of Service)(Kowal, Timothy) Modified on 12/21/2015 (Kastilahn, A).
December 17, 2015 Opinion or Order Filing 80 OBJECTIONS to #78 Notice re Undertaking for Preliminary Injunction Bond, #79 Notice of Posting Bond by Defendant Shell Pipeline Company. (Day, Kevin) Modified on 12/18/2015 (Michel, G.).
December 14, 2015 Opinion or Order Filing 79 NOTICE of Posting Bond by All Plaintiffs re #78 Notice. (Attachments: #1 Proof of Service)(Kowal, Timothy) Modified on 12/15/2015 (Kaminski, H).
December 14, 2015 Opinion or Order Filing 78 NOTICE re Undertaking for Preliminary Injunction Bond by All Plaintiffs re #76 Order Adopting Findings and Recommendations.(Attachments: #1 Proof of Service)(Kowal, Timothy) Modified on 12/15/2015 (Kaminski, H).
December 7, 2015 Opinion or Order Filing 77 NOTICE of Entry of Order by All Plaintiffs re #76 Order Adopting Findings and Recommendations. (Attachments: #1 Proof of Service)(Kowal, Timothy) Modified on 12/8/2015 (Kastilahn, A).
December 3, 2015 Opinion or Order Filing 76 ORDER signed by Judge John A. Mendez on 12/3/15 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 9/23/15 #72 are ADOPTED in full; PlaintiffS' MOTION for a Preliminary Injunction as to the 14" Shell pipeline is GRANTED and Plaintiffs are directed to post a $430,000 bond with the Clerk of Court within ten (10) days of the date of this order; Defendant Shell Pipeline Company is directed to immediately lower the 14" pipeline in the frontage of the property to at least three feet below the scarification depth, or to relocate or remove it at Shell's option. This order will continue to be in effect until the Court enters a final judgment in this action or otherwise lifts the injunction.(Mena-Sanchez, L)
October 15, 2015 Opinion or Order Filing 75 RESPONSE by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC to #74 Objections to Findings and Recommendations. (Attachments: #1 Proof of Service)(Kowal, Timothy)
October 7, 2015 Opinion or Order Filing 74 OBJECTIONS to FINDINGS and RECOMMENDATIONS #72 by Defendant Shell Pipeline Company. (Day, Kevin)
October 7, 2015 Opinion or Order Filing 73 NOTICE OF ENTRY OF ORDER by All Plaintiffs re #19 MOTION, #72 FINDINGS and RECOMMENDATIONS re #19 MOTION for PRELIMINARY INJUNCTION. (Attachments: #1 Proof of Service)(Kowal, Timothy) Modified on 10/8/2015 (Mena-Sanchez, L).
September 23, 2015 Opinion or Order Filing 72 FINDINGS and RECOMMENDATIONS recommending Granting in Part Plaintiffs' Motion for a Preliminary Injunction re #19 #25 , signed by Magistrate Judge Jennifer L. Thurston on 9/23/2015. Referred to District Judge John A. Mendez. Objections to F&R due within 14 days. (Hall, S)
September 16, 2015 Opinion or Order Filing 71 DECLARATION of Michael Elmore. (Day, Kevin)
September 10, 2015 Opinion or Order Filing 70 MINUTE ORDER: (TEXT ENTRY ONLY) Based upon the agreement of counsel (Doc. 67 at 2) that supplemental declarations may be submitted regarding the 14" Shell pipeline at issue in the motion for preliminary injunction, any such declarations SHALL be filed no later than close of business on 9/16/15, signed by Magistrate Judge Jennifer L. Thurston on 9/10/2015. (Kusamura, W)
September 9, 2015 Opinion or Order Filing 69 AMENDED SUPPLEMENTAL DECLARATION of Craig Carver in SUPPORT OF #25 AMENDED Motion for Preliminary Injuction re #19 MOTION. (Attachments: #1 Proof of Service)(Kowal, Timothy) Modified on 9/11/2015 (Mena-Sanchez, L).
September 8, 2015 Opinion or Order Filing 68 DECLARATION of Alberto Lopez, Craig Carver and Timothy Kowal in SUPPORT of #25 AMENDED MOTION for PRELIMINARY INJUNCTION amending #19 MOTION. (Attachments: #1 Proof of Service)(Kowal, Timothy) Modified on 9/9/2015 (Mena-Sanchez, L).
September 8, 2015 Opinion or Order Filing 67 FOURTH JOINT STATEMENT by Plaintiffs. (Attachments: #1 Proof of Service)(Kowal, Timothy) Modified on 9/9/2015 (Mena-Sanchez, L).
September 2, 2015 Opinion or Order Filing 66 ORDER GRANTING #65 Third Stipulation for an Extension of Time Related to Completion of Mediation, signed by Magistrate Judge Jennifer L. Thurston on 9/2/2015. (Hall, S)
August 31, 2015 Opinion or Order Filing 65 JOINT STATUS REPORT by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Kowal, Timothy)
August 20, 2015 Opinion or Order Filing 64 ORDER GRANTING #63 Second Stipulation for an Extension of Time Related to Completion of Mediation, signed by Magistrate Judge Jennifer L. Thurston on 8/20/2015. (Hall, S)
August 19, 2015 Opinion or Order Filing 63 JOINT STATUS REPORT by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Attachments: #1 Proof of Service)(Kowal, Timothy)
August 17, 2015 Opinion or Order Filing 62 ORDER GRANTING #61 Stipulation for an Extension of Time Related to Completion of Mediation, signed by Magistrate Judge Jennifer L. Thurston on 8/17/2015. (Hall, S)
August 14, 2015 Opinion or Order Filing 61 JOINT STATEMENT re: Status of Mediation by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Attachments: #1 Proof of Service) (Kowal, Timothy) Modified on 8/17/2015 (Michel, G.).
August 4, 2015 Opinion or Order Filing 60 TRANSCRIPT of Proceedings held on 7/6/2015, before Magistrate Judge Jennifer L. Thurston. MOTION FOR PRELIMINARY INJUNCTION HEARING filed by ECRO Otilia Rosales, Phone number 559-499-5928 E-mail orosales@caed.uscourts.gov. 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. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 8/27/2015. Redacted Transcript Deadline set for 9/4/2015. Release of Transcript Restriction set for 11/2/2015. (Rosales, O)
July 20, 2015 Opinion or Order Filing 59 TRANSCRIPT REQUEST by Chevron Pipe Line Company for proceedings held on 7/6/15 before Judge Jennifer L. Thurston. Court Reporter ECRO Otilia Rosales. (Large, Trevor)
July 6, 2015 Opinion or Order Filing 58 MINUTES (Text Only) for proceedings before Magistrate Judge Jennifer L. Thurston: HEARING on Plaintiffs' Motion for Preliminary Injunction #19 #25 held on 7/6/2015. Plaintiffs' witnesses Rolland Van De Valk, Alberto Lopez, Robert Chambers and Craig Carver sworn/testified. Motion argued; SUBMITTED. The parties agreed to engage in mediation to be completed no later than 8/14/2015. Likewise, the parties jointly requested the Court to not issue a ruling on plaintiff's motion for preliminary injunction (Doc. #19 , #25 ) before 8/17/2015. No later than 8/14/2015, the parties SHALL file a joint statement re: status of mediation and explaining whether Plaintiffs' motion for preliminary injunction is withdrawn. Plaintiffs' Counsel Thomas Vogele and Timothy Kowal present. Defendants' Counsel Kevin Day present. Court Reporter/CD Number: ECRO/FTR (S. Hall). (Hall, S)
July 1, 2015 Opinion or Order Filing 57 EXHIBIT A to Declaration of Mohsen Ahmad by Alon USA Paramount Petroleum Corporation re #41 Opposition to Motion,. (Day, Kevin)
July 1, 2015 Opinion or Order Filing 56 MINUTE ORDER (Text Entry Only), signed by Magistrate Judge Jennifer L. Thurston on 7/1/2015: No later than noon on 7/2/2015, Defendants SHALL file a complete and legible copy of Exhibit A to the Declaration of Mohsen Ahmadi. (Hall, S)
June 10, 2015 Opinion or Order Filing 55 ORDER signed by Judge John A. Mendez on 6/9/15. The Court GRANTS Chevron PLC's MOTION to dismiss #45 pursuant to Rule 12(b)(7) regarding Plaintiffs' claims against Chevron PLC and any relief sought affecting the pipeline owned by Chevron USA. However, the Court DENIES the MOTION to DISMISS as to the remaining causes of action and relief sought. (Mena-Sanchez, L)
May 28, 2015 Opinion or Order Filing 54 MINUTE ORDER: The hearing on the motion(s) now calendared for June 3, 2015 is/are ordered submitted without appearance and without argument pursuant to Local Rule 230 (g). If the Court subsequently concludes that oral argument is necessary, a hearing will be set and the parties notified accordingly. (TEXT ENTRY ONLY)(Vine, H)
May 27, 2015 Opinion or Order Filing 53 REPLY by Chevron Pipe Line Company to RESPONSE to #45 Motion to Dismiss. (Attachments: #1 Declaration of T. Large)(Large, Trevor) Modified on 5/28/2015 (Mena-Sanchez, L).
May 15, 2015 Opinion or Order Filing 52 OPPOSITION by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC to #45 Motion to Dismiss. (Attachments: #1 Declaration, #2 Proof of Service)(Kowal, Timothy)
April 28, 2015 Opinion or Order Filing 51 MINUTE ORDER (Text Entry Only), signed by Magistrate Judge Jennifer L. Thurston on 4/28/2015: In light of the information contained in the joint status report and at the request of the parties (Doc. #48 ), the hearing on the motion for preliminary injunction (Doc. #19 #25 ) is continued to 7/6/2015 at 09:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Appearances via Courtcall are authorized. (Hall, S)
April 27, 2015 Opinion or Order Filing 50 PROPOSED ORDER re Preliminary Injunction re #19 MOTION for PRELIMINARY INJUNCTION , #25 AMENDED MOTION for PRELIMINARY INJUNCTION amending #19 MOTION for PRELIMINARY INJUNCTION , #49 Reply to Response to Motion, by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Attachments: #1 Proof of Service)(Kowal, Timothy)
April 27, 2015 Opinion or Order Filing 49 REPLY by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC to RESPONSE to #19 MOTION for PRELIMINARY INJUNCTION , #25 AMENDED MOTION for PRELIMINARY INJUNCTION amending #19 MOTION for PRELIMINARY INJUNCTION . (Attachments: #1 Declaration, #2 Proof of Service)(Kowal, Timothy)
April 23, 2015 Opinion or Order Filing 48 JOINT STATUS REPORT by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Attachments: #1 Proof of Service)(Vogele, Thomas)
April 22, 2015 Opinion or Order Filing 47 NOTICE to RESCHEDULE HEARING on #45 MOTION to DISMISS : Motion Hearing set for 6/3/2015 at 09:30 AM in Courtroom 6 (JLT) before Judge John A. Mendez. (Large, Trevor)
April 22, 2015 Opinion or Order Filing 46 CLERK'S NOTICE re #45 MOTION to DISMISS: Counsel for Defendant Chevron incorrect set the Motion to Dismiss hearing for the Bakersfield Courthouse. Counsel is DIRECTED to file a Notice to Reschedule hearing and properly notice the 6/3/2015 hearing before District Judge John A. Mendez in Courtroom 6 in Sacramento, CA. The Notice to Reschedule Hearing event is found under the Motion Related Documents Category. (TEXT ONLY ENTRY) (Donati, J)
April 13, 2015 Opinion or Order Filing 45 MOTION to DISMISS by Chevron Pipe Line Company. Motion Hearing set for 6/3/2015 at 09:30 AM in Courtroom 6 (JLT) before Judge John A. Mendez. (Attachments: #1 Request for Judicial Notice, #2 Declarations of Trevor D. Large, Grace P. Nerona and Mary Jane Moehnke, #3 Proposed Order)(Large, Trevor)
April 13, 2015 Opinion or Order Filing 44 MINUTE ORDER (Text Entry Only), signed by Magistrate Judge Jennifer L. Thurston on 4/13/2015: Upon referral from District Judge John A. Mendez, the hearing on #19 #25 Plaintiffs' Motion for Preliminary Injunction is RESET for 5/4/2015 at 10:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Telephonic appearances via CourtCall are authorized. The hearing date of 4/22/2015 at 09:30 AM before Judge John A. Mendez is VACATED. (Hall, S)
April 9, 2015 Opinion or Order Filing 43 DECLARATION of Kevin A. Day in support of #39 Opposition. (Day, Kevin) Modified on 4/10/2015 (Benson, A).
April 8, 2015 Opinion or Order Filing 42 JOINDER by Chevron Pipe Line Company in #41 Shell Pipelines Company's and Alon USA Paramount Petroleum Corporation's Opposition to Plaintiffs' Motion for Preliminary Injunction; Declaration of Trevor D. Large (Large, Trevor) Modified on 4/10/2015 (Benson, A).
April 8, 2015 Opinion or Order Filing 41 OPPOSITION by Alon USA Paramount Petroleum Corporation to #25 Amended Motion for Preliminary Injunction. (Attachments: #1 Declaration of Chris Smart, #2 Declaration of Kevin Day, #3 Declaration of Mohsen Ahmadi)(Day, Kevin) Modified on 4/9/2015 (Benson, A).
April 8, 2015 Opinion or Order Filing 40 STIPULATION to Continue Initial Disclosures by Chevron Pipe Line Company. (Large, Trevor)
April 8, 2015 Opinion or Order Filing 39 OPPOSITION by Shell Pipeline Company to #25 Amended Motion for Preliminary Injunction. (Attachments: #1 Declaration [DISREGARD - COUNSEL TO REFILE], #2 Declaration, #3 Declaration)(Day, Kevin) Modified on 4/9/2015 (Benson, A).
March 27, 2015 Opinion or Order Filing 38 STIPULATION To Extend Time to Respond to First-Amended Complaint by Chevron Pipe Line Company. Attorney Large, Trevor Douglas added. (Large, Trevor)
March 16, 2015 Opinion or Order Filing 37 CERTIFICATE of SERVICE by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC re #21 Civil New Case Documents for JAM. (Vogele, Thomas)
March 16, 2015 Opinion or Order Filing 36 SUMMONS RETURNED EXECUTED: Chevron Pipe Line Company served on 3/9/2015, answer due 3/30/2015. (Vogele, Thomas)
March 11, 2015 Opinion or Order Filing 35 MINUTE ORDER: The parties shall file an updated joint status report within 21 days of the Court's ruling on the pending motion for preliminary injunction. (TEXT ENTRY ONLY) (Vine, H)
March 10, 2015 Opinion or Order Filing 34 JOINT STATUS REPORT by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Attachments: #1 Proof of Service)(Kowal, Timothy)
February 27, 2015 Opinion or Order Filing 33 SUMMONS ISSUED as to *Chevron Pipe Line Company* with answer to complaint due within *21* days. Attorney *Timothy Michael Kowal* *Thomas Vogele & Associates APC* *3199 Airport Loop Dr., Ste A3* *Costa Mesa, CA 92626*. (Gonzalez, R)
February 26, 2015 Opinion or Order Filing 32 FIRST AMENDED COMPLAINT against Alon USA Paramount Petroleum Corporation, Shell Pipeline Company, Chevron Pipe Line Company by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Attachments: #1 Proof of Service)(Kowal, Timothy)
February 26, 2015 Opinion or Order Filing 31 STIPULATION and ORDER FOR LEAVE TO AMEND THE COMPLAINT signed by Judge John A. Mendez on 2/26/15. (Mena-Sanchez, L)
February 25, 2015 Opinion or Order Filing 30 [PROPOSED] ORDER re #29 Stipulation by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Attachments: #1 Proof of Service)(Kowal, Timothy) Modified on 2/27/2015 (Mena-Sanchez, L).
February 24, 2015 Opinion or Order Filing 29 STIPULATION by Plaintiffs For leave to file First Amended Complaint (Attachments: #1 Proof of Service)(Kowal, Timothy) Modified on 2/25/2015 (Mena-Sanchez, L).
February 20, 2015 Opinion or Order Filing 28 NOTICE of Continued hearing by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC re #19 MOTION for Preliminary Injunction, #25 AMENDED MOTION, amending #19 . (Attachments: #1 Proof of Service)(Vogele, Thomas) Modified on 2/23/2015 (Mena-Sanchez, L).
February 18, 2015 Opinion or Order Filing 27 MINUTE ORDER (Text Only), signed by Magistrate Judge Jennifer L. Thurston on 2/18/2015: In light of the assignment of this case to District Judge John A. Mendez, the hearing on the Motion for Preliminary Injunction #19 #25 , set for 3/17/2015 at 09:30 AM before Magistrate Judge Jennifer L. Thurston, is VACATED. Plaintiffs' counsel shall contact Harry Vine, Courtroom Deputy to District Judge John A. Mendez, to schedule a hearing date for the Motion for Preliminary Injunction. Mr. Vine may be contacted at (916) 930-4091 or hvine@caed.uscourts.gov. (Hall, S)
February 18, 2015 Opinion or Order Filing 26 MINUTE ORDER (Text Only), signed by Magistrate Judge Jennifer L. Thurston on 2/18/2015: In light of the assignment of this case to District Judge John A. Mendez, the Status Conference re Consent / Initial Scheduling Conference set for 3/17/2015 at 08:30 AM before Magistrate Judge Jennifer L. Thurston is VACATED. (Hall, S)
February 13, 2015 Opinion or Order Filing 25 AMENDED MOTION for PRELIMINARY INJUNCTION amending #19 MOTION for PRELIMINARY INJUNCTION by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. Motion Hearing set for 3/17/2015 at 09:30 AM in Bakersfield at 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 Supplemental Declaration, #2 Proof of Service)(Vogele, Thomas)
February 11, 2015 Opinion or Order Filing 24 STIPULATION and ORDER signed by Judge John A. Mendez on 2/10/2015 ORDERING #23 Joint Status Report is due on 3/10/2015. (Reader, L)
February 10, 2015 Opinion or Order Filing 23 STIPULATION re #21 Civil New Case Documents for JAM TO CONTINUE JOINT STATUS REPORT DUE DATE by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Attachments: #1 Proposed Order, #2 Proof of Service)(Vogele, Thomas)
February 9, 2015 Opinion or Order Filing 22 NOTICE of Consent to Jurisdiction of United States Magistrate Judge by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Attachments: #1 Proof of Service)(Vogele, Thomas) Modified on 2/10/2015 (Meuleman, A).
February 9, 2015 Opinion or Order Filing 21 CIVIL NEW CASE DOCUMENTS ISSUED (Attachments: #1 Order re Filing Requirements) (Donati, J)
February 6, 2015 Opinion or Order Filing 20 CLERK'S NOTICE: (text entry only) This case has been assigned to District Judge John A. Mendez and Magistrate Judge Jennifer L. Thurston. The New Case Number is: 1:14-cv-01889-JAM-JLT. (Gonzalez, R)
February 5, 2015 Opinion or Order Filing 19 MOTION for PRELIMINARY INJUNCTION by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. Motion Hearing set for 3/17/2015 at 09:30 AM in Bakersfield at 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 Declarations in Support of, #2 Exhibits, #3 Proposed Order, #4 Proof of Service)(Kowal, Timothy) Modified on 2/9/2015 (Meuleman, A).
February 5, 2015 Opinion or Order Filing 18 MINUTE ORDER (Text Only), signed by Magistrate Judge Jennifer L. Thurston on 2/5/2015: Within five days, the parties SHALL file a notice indicating whether they will stipulate to the jurisdiction of the Magistrate Judge for purposes of processing the dismissals #16 #17 . (Hall, S)
February 4, 2015 Opinion or Order Filing 17 NOTICE of VOLUNTARY DISMISSAL by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Attachments: #1 Proof of Service)(Kowal, Timothy)
February 4, 2015 Opinion or Order Filing 16 STIPULATION re #3 Summons, #1 Complaint,, #11 Summons Returned Executed JOINT STIPULATION OF DISMISSAL WITHOUT PREJUDICE OF PLAINS ALL AMERICAN GP LLC by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Attachments: #1 Proof of Service)(Kowal, Timothy)
January 30, 2015 Opinion or Order Filing 15 ANSWER with Jury Demand by Plains All American GP, LLC.(Granet, Craig)
January 16, 2015 Opinion or Order Filing 14 ANSWER by Alon USA Paramount Petroleum Corporation. Attorney Day, Kevin Andrew added.(Day, Kevin)
January 16, 2015 Opinion or Order Filing 13 ANSWER by Shell Pipeline Company. Attorney Day, Kevin Andrew added.(Day, Kevin)
December 30, 2014 Opinion or Order Filing 12 SUMMONS RETURNED EXECUTED: Shell Pipeline Company served on 12/12/2014, answer due 1/5/2015. (Vogele, Thomas)
December 30, 2014 Opinion or Order Filing 11 SUMMONS RETURNED EXECUTED: Plains All American GP, LLC served on 12/12/2014, answer due 1/5/2015. (Vogele, Thomas)
December 30, 2014 Opinion or Order Filing 10 SUMMONS RETURNED EXECUTED: Alon USA Paramount Petroleum Corporation served on 12/12/2014, answer due 1/5/2015. (Vogele, Thomas)
December 17, 2014 Opinion or Order Filing 9 STIPULATION re #1 Complaint,, Extending Time for Plains All American to Respond by Plains All American GP, LLC. (Granet, Craig)
December 17, 2014 Opinion or Order Filing 8 CLERK'S NOTICE of DOCKET CORRECTION re #7 Notice of Request to Seal Document: Please disregard this docket entry, as the wrong event was used. Corrected filing to follow. (Jessen, A)
December 17, 2014 Opinion or Order Filing 7 NOTICE of Request to Seal Document(s) pursuant to L.R. 141 by All Defendants. Attorney Granet, Craig Stuart added. (Granet, Craig)
December 15, 2014 Opinion or Order Filing 6 DEMAND for TRIAL by JURY by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. Attorney Kowal, Timothy Michael added. (Kowal, Timothy)
December 7, 2014 Opinion or Order Filing 5 CONSENT to JURISDICTION of US MAGISTRATE JUDGE by C&C Properties, Inc., JEC Panama, LLC, Wings Way, LLC. (Vogele, Thomas)
November 26, 2014 Opinion or Order Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED: Status Conference re Consent / Initial Scheduling Conference set for 3/17/2015 at 08:30 AM in Bakersfield at 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Attachments: #1 Order Assigning Action to Sac DJ, #2 Consent Form, #3 VDRP) (Gonzalez, R)
November 26, 2014 Opinion or Order Filing 3 SUMMONS ISSUED as to *Plains All American GP, LLC, Shell Pipeline Company* with answer to complaint due within *21* days. Attorney *Thomas Anthony Vogele* *Thomas Vogele Associates, APC* *3199 AIRPORT LOOP DR STE A3* *Costa Mesa, CA 92626*. (Gonzalez, R)
November 26, 2014 Opinion or Order Filing 2 SUMMONS ISSUED as to *Alon USA Paramount Petroleum Corporation, Eott Energy Operation Limited Partnership* with answer to complaint due within *21* days. Attorney *Thomas Anthony Vogele* *Thomas Vogele Associates, APC* *3199 AIRPORT LOOP DR STE A3* *Costa Mesa, CA 92626*. (Gonzalez, R)
November 26, 2014 Opinion or Order Filing 1 COMPLAINT FOR 1) BREACH OF EASEMENT AGREEMENT; 2) DECLARATORY RELIEF; 3) FRAUD; 4) TRESPASS; 5) INTENTIONAL INTERFERENCE WITH ECONOMIC ADVANTAGE; 6) NEGLIGENT INTERFERENCE WITH ECONOMIC ADVANTAGE; 7) INJUNCTIVE RELIEF against All Defendants by C & C PROPERTIES, INC., a California corporation, JEC PANAMA, LLC, a California limited liability company, WINGS WAY, LLC, a Delaware limited liability company. (Filing fee $ 400, receipt number 0972-5632376) (Attachments: #1 EXHIBITS 1-5, #2 Civil Cover Sheet)(Vogele, Thomas)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the California Eastern District Court's Electronic Court Filings (ECF) System

Search for this case: C&C Properties, Inc. et al v. Shell Pipeline Company, et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: C&C Properties, Inc.
Represented By: Thomas Anthony Vogele
Represented By: Timothy Michael Kowal
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Wings Way, LLC
Represented By: Thomas Anthony Vogele
Represented By: Timothy Michael Kowal
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: JEC Panama, LLC
Represented By: Thomas Anthony Vogele
Represented By: Timothy Michael Kowal
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Not classified by court: Chevron U.S.A., Inc.
Represented By: Rohit Dwarka Nath
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Alon Bakersfield Property Inc. & Paramount Petroleum Corporation
Represented By: Andrew M. Grossman, PHV
Represented By: Michael R. Matthias
Represented By: Joelle A. Berle
Represented By: W. Ray Whitman, PHV
Represented By: Kevin Andrew Day
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Chevron Pipe Line Company
Represented By: Trevor Douglas Large
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Shell Pipeline Company
Represented By: Joelle A. Berle
Represented By: Raymond A. Cardozo
Represented By: Kasey James Curtis
Represented By: Kevin Andrew Day
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Eott Energy Operation Limited Partnership
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Plains All American GP, LLC
Represented By: Craig Stuart Granet
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?