Grayden v. Spring Creek Energy, et al
| KIMBERLY S. GRAYDEN, FKA Kimberly S. Pitman |
| SPRING CREEK ENERGY PARTNERS, LLC, a Colorado limited liability company and JASON L. EDDINGTON, individually |
| 22-1097 |
| April 4, 2022 |
| U.S. Court of Appeals, Tenth Circuit |
| Torts to Land |
Opinions
We have the following opinions for this case:
| Description |
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| Grayden v. Spring Creek Energy, et al. |
Docket Report
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This docket was last retrieved on January 24, 2023. A more recent docket listing may be available from PACER.
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[10971786] Supplement to mandate issued. [22-1097] [Entered: 01/24/2023 04:29 PM]
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[10971785] Order filed by Judges Hartz, Tymkovich and Matheson granting in part and remanding in part Appellant's bill of costs. Appellant's requests for copying costs are taxed in favor of the appellant for $408.51. The Appellant's requests for the filing and docketing fees is granted in part and remanded to the district court. The docketing fee of $500.00 is taxed in favor of the appellant. The request for the $5.00 filing fee is remanded to the district court. The requests for costs associated with the transcripts are remanded to the district court. In sum, costs are taxed by this court in favor of the appellant and against the appellee in the amount of $908.51. Served on 01/24/2023. [22-1097] [Entered: 01/24/2023 04:29 PM]
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[10970979] Mandate issued. [22-1097] [Entered: 01/23/2023 07:47 AM]
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[10970818] Response filed by Jason L. Eddington and Spring Creek Energy Partners, LLC to Plaintiff-Appellant's Bill of Costs. Served on 01/20/2023. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-1097] DJC [Entered: 01/20/2023 02:25 PM]
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[10969132] Order filed by Judges Hartz, Tymkovich and Matheson denying petition for rehearing filed by Appellees Spring Creek Energy Partners, LLC and Jason L. Eddington. Granting appellees motion to file transcript of oral argument with the petition for rehearing. [22-1097] [Entered: 01/13/2023 09:04 AM]
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[10968954] Motion filed by Appellees Jason L. Eddington and Spring Creek Energy Partners, LLC to file supplemental appendix. Served on: 01/12/2023. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-1097] DJC [Entered: 01/12/2023 12:25 PM]
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[10968485] Petition for rehearing filed by Jason L. Eddington and Spring Creek Energy Partners, LLC. Served on 01/11/2023. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-1097] DJC [Entered: 01/11/2023 09:52 AM]
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[10968511] Order filed by Clerk of the Court - This matter is before the court on Appellees Petition for Rehearing. The petition attaches a transcript. Our local rules prohibit attachments to petitions for rehearing other than a copy of this courts decision. 10th Cir. R. 40.2. On or before the close of court business on January 13, 2022, the appellees are directed to file a motion in accordance with Rule 40.2 addressing the attachment to their petition for rehearing. If no motion is received, the petition will be submitted to the court without the attachment. Served on 01/11/2023. Text only entry - no attachment. [22-1097] [Entered: 01/11/2023 10:50 AM]
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[10968486] Notice of change of address filed by Daniel James Culhane for Jason L. Eddington and Spring Creek Energy Partners, LLC. [22-1097] DJC [Entered: 01/11/2023 09:53 AM]
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[10968771] Notice of change of address filed by Christopher George Hayes for Jason L. Eddington and Spring Creek Energy Partners, LLC. [22-1097] CGH [Entered: 01/11/2023 07:50 PM]
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[10968109] Minute order filed - Optional Bill of costs response due on 01/23/2023 for Kimberly S. Grayden, Spring Creek Energy Partners, LLC and Jason L. Eddington. (Text Only - No Attachment) [22-1097] [Entered: 01/10/2023 07:36 AM]
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[10968006] Bill of costs filed by Kimberly S. Grayden. Served on 01/09/2023. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-1097] JKC [Entered: 01/09/2023 03:01 PM]
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[10965488] Reversed;Terminated on the merits after oral hearing;Written, signed, unpublished; Judges Hartz, Tymkovich and Matheson (authoring). Mandate to issue. [22-1097] [Entered: 12/28/2022 09:29 AM]
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[10965486] Order filed by Judges Hartz, Tymkovich and Matheson, as found in the order and judgment, denying as moot Attorney motion for judicial notice filed by Appellees Spring Creek Energy Partners, LLC and Jason L. Eddington. [text only entry - see case termination for order and judgment] [22-1097] [Entered: 12/28/2022 09:26 AM]
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[10955519] Case argued by John Chrisham for the Appellant and Daniel Culhane for the Appellees, and submitted to Judges Hartz, Tymkovich and Matheson. [22-1097] [Entered: 11/15/2022 01:37 PM]
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[10948541] Supplemental appendix filed by Kimberly S. Grayden. Total number of volumes filed: 1. Served on 10/18/2022. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-1097] JKC [Entered: 10/18/2022 12:23 PM]
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[10948051] Order filed by Clerk of the Court. This matter is before the court at the direction of the panel of judges assigned to hear oral argument in this appeal. The parties joint motion to supplment the appendix is granted. Within 10 days of the date of this order, the parties shall electronically file a supplemental appendix containing the documents identified in their motion. Served on 10/17/2022. [22-1097] [Entered: 10/17/2022 09:52 AM]
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[10942882] Calendar Acknowledgment Form filed by Jason L. Eddington and Spring Creek Energy Partners, LLC. Served on 09/23/2022. Manner of Service: email. [22-1097] DJC [Entered: 09/23/2022 12:01 PM]
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[10941737] Calendar Acknowledgment Form filed by Kimberly S. Grayden. Served on 09/19/2022. Manner of Service: email. [22-1097] JKC [Entered: 09/19/2022 04:36 PM]
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[10941584] Calendar Acknowledgment Form filed by Jason L. Eddington and Spring Creek Energy Partners, LLC. Served on 09/19/2022. Manner of Service: email. [22-1097] CGH [Entered: 09/19/2022 11:51 AM]
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[10939975] Oral argument notice filed. This matter is set for IN PERSON oral argument on 11/15/2022 at 9:00 A.M. Mountain Time in Courtroom III of the Byron White United States Courthouse, Denver, CO. Arguing counsel must carefully review the attached notice. Within 10 days of today's date, arguing counsel must download, complete, and e-file the required oral argument form(s). Arguing counsel who wish to present argument in person must comply with the court's current pandemic-related requirements. Counsel for amici parties may not participate in argument without written permission from the court. [22-1097] [Entered: 09/12/2022 03:59 PM]
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[10938862] Corporate disclosure statement filed by Spring Creek Energy Partners, LLC. [22-1097] DJC [Entered: 09/07/2022 02:25 PM]
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[10938711] Order filed by Clerk of the Court - This matter is before the court sua sponte to direct Spring Creek Energy Partners, LLC to file a corporate disclosure statement pursuant to Fed. R. App. P. 26.1(a). Spring Creek shall file the required statement by 4:00 PM Mountain Standard Time on 09/08/2022. See attached order. Served on 09/07/2022. [22-1097] [Entered: 09/07/2022 10:24 AM]
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[10930584] Paper copies of reply brief received from Kimberly S. Grayden. [22-1097] [Entered: 08/01/2022 12:33 PM]
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[10929887] Minute order filed - The reply brief submitted by appellant is accepted for filing. Paper copies shall now be filed with the court within 5 business days of this order. All copies must be exact replicas of the electronic filing. Paper copies of appellant's reply brief due 08/04/2022 by Kimberly S. Grayden. (Text Only - No Attachment) [22-1097] [Entered: 07/28/2022 07:42 AM]
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[10929885] Minute order filed by Clerk of the Court referring Joint Stipulation and Joint Motion to Supplement the Appendix and any response filed thereto [ # 10929768-2 ] to the panel of judges that will later be assigned to consider this case on the merits (no ruling will issue at this time). Served on 07/28/2022. Text only entry - no attachment. [22-1097] [Entered: 07/28/2022 07:39 AM]
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[10929768] Motion filed by Appellant Kimberly S. Grayden, Spring Creek Energy Partners, LLC and Jason L. Eddington for leave to file an appendix. Served on: 07/27/2022. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-1097] JKC [Entered: 07/27/2022 02:00 PM]
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[10929853] Appellant/Petitioner's reply brief filed by Kimberly S. Grayden. Served on 07/27/2022. Manner of Service: email. Word/page count: 6482. This pleading complies with all required privacy and virus certifications: Yes. [22-1097] JKC [Entered: 07/27/2022 05:52 PM]
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[10927851] Reply filed by Jason L. Eddington and Spring Creek Energy Partners, LLC to Request for Judicial Notice. Served on 07/19/2022. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-1097] DJC [Entered: 07/19/2022 10:52 AM]
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[10926613] Response filed by Kimberly S. Grayden to Motion for Judicial Notice. Served on 07/13/2022. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-1097] JKC [Entered: 07/13/2022 04:44 PM]
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[10925412] Paper copies of appellee brief received from Jason L. Eddington and Spring Creek Energy Partners, LLC. [22-1097] [Entered: 07/08/2022 03:19 PM]
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[10924728] Minute order filed - The brief submitted by appellees is accepted for filing. Paper copies shall now be filed with the court within 5 business days of this order. All copies must be exact replicas of the electronic filing. Appellant's optional reply brief now due 07/27/2022 for Kimberly S. Grayden. Paper copies of appellees' brief due 07/14/2022 by Jason L. Eddington and Spring Creek Energy Partners, LLC. (Text Only - No Attachment) [22-1097] [Entered: 07/07/2022 07:45 AM]
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[10924753] Minute order filed by Clerk of the Court referring Attorney motion for judicial notice [ # 10924691-2 ] and any response filed thereto, to the panel of judges that will later be assigned to consider this case on the merits (no ruling will issue at this time). Served on 07/07/2022. Text only entry - no attachment. [22-1097] [Entered: 07/07/2022 08:17 AM]
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[10924340] Notice of appellees' deficient brief and appendix received from Jason L. Eddington and Spring Creek Energy Partners, LLC. Type of deficiencies for brief: The brief does not contain a prior related appeals statement. See attached letter for specifics. Appellees' corrected brief due 07/11/2022 for Jason L. Eddington and Spring Creek Energy Partners, LLC [22-1097] [Entered: 07/06/2022 06:14 AM]
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[10924688] Appellee/Respondent's brief filed by Jason L. Eddington and Spring Creek Energy Partners, LLC. Served on: 07/06/2022. Manner of service: email. Oral argument requested? No. Word/page count: 7099. This pleading complies with all required privacy and virus certifications: Yes. [22-1097] DJC [Entered: 07/06/2022 05:08 PM]
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[10924422] Order filed by Clerk of the Court denying, without prejudice to renewal, Attorney motion for judicial notice filed by Appellees Spring Creek Energy Partners, LLC and Jason L. Eddington. See order for details. Served on 07/06/2022. [22-1097] [Entered: 07/06/2022 09:06 AM]
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[10924691] Motion filed by Appellees Jason L. Eddington and Spring Creek Energy Partners, LLC for judicial notice. Served on: 07/06/2022. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-1097] DJC [Entered: 07/06/2022 05:13 PM]
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[10924269] Motion filed by Appellees Jason L. Eddington and Spring Creek Energy Partners, LLC for judicial notice. Served on: 07/05/2022. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-1097] DJC [Entered: 07/05/2022 04:00 PM]
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This entry has been removed from the docket as counsel filed a corrected brief on 07/06/2022. [AT] [10924265] Appellee/Respondent's brief filed by Jason L. Eddington and Spring Creek Energy Partners, LLC. Served on: 07/05/2022. Manner of service: email. Oral argument requested? No. Word/page count: 7099. This pleading complies with all required privacy and virus certifications: Yes. [22-1097]--[Edited 07/07/2022 by AT] DJC [Entered: 07/05/2022 03:58 PM]
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[10918830] Paper copies of appellant's brief and appendix received from Kimberly S. Grayden. [22-1097] [Entered: 06/09/2022 12:08 PM]
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[10918193] Minute order filed - the brief and appendix submitted by appellant is accepted for filing. Paper copies shall now be filed with the court within 5 business days of this order. All copies must be exact replicas of the electronic filings, including all attachments and number of volumes filed for appendices. Appellee's brief now due 07/06/2022 for Spring Creek Energy Partners, LLC and Jason L. Eddington. Paper copies of appellant's brief and appendix due 06/14/2022 by Kimberly S. Grayden. (Text Only - No Attachment) [22-1097] [Entered: 06/07/2022 08:42 AM]
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This entry has been removed from the docket. [lg] This was cited as deficient. A corrected brief has since been filed. [10918083] Appellant/Petitioner's brief filed by Kimberly S. Grayden. Served on 06/06/2022 by email. Oral argument requested? Yes. Word/page count: 10230. This pleading complies with all required privacy and virus certifications: Yes. [22-1097] JKC [Entered: 06/06/2022 03:00 PM]
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This entry has been removed from the docket. [lg] This was cited as deficient. A corrected appendix has been filed. [10918085] Appellant's appendix filed by Kimberly S. Grayden. Total number of volumes filed: 4. Served on 06/06/2022. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-1097] JKC [Entered: 06/06/2022 03:09 PM]
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[10918093] Notice of deficient appendix received from Kimberly S. Grayden. Type of deficiency: page numbering of the appendix needs to begin on the cover page of volume 1. See attached letter for specifics. Appendix due on 06/09/2022 for Kimberly S. Grayden [22-1097] [Entered: 06/06/2022 03:21 PM]
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[10918153] Appellant/Petitioner's brief filed by Kimberly S. Grayden. Served on 06/06/2022 by email. Oral argument requested? Yes. Word/page count: 10230. This pleading complies with all required privacy and virus certifications: Yes. [22-1097] JKC [Entered: 06/06/2022 06:25 PM]
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[10918152] Appellant's appendix filed by Kimberly S. Grayden. Total number of volumes filed: 4. Served on 06/06/2022. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-1097] JKC [Entered: 06/06/2022 06:21 PM]
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[10912543] Motion filed by Appellant Kimberly S. Grayden to extend time to file appellant/petitioner's brief until 06/06/2022. Served on: 05/11/2022. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [22-1097] JKC [Entered: 05/11/2022 03:41 PM]
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[10912554] Order filed by Clerk of the Court granting appellant's motion to extend time to file appellant's brief and appendix. Appellant's brief and appendix due on 06/06/2022 for Kimberly S. Grayden. (14 days) Served on 05/11/2022. Text only entry - no attachment. [22-1097] [Entered: 05/11/2022 03:53 PM]
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[10906067] Notice filed that the transcript is already on file in the district court filed by Kimberly S. Grayden. Served on: 04/13/2022. Manner of Service: email. [22-1097] JKC [Entered: 04/13/2022 10:34 AM]
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[10906066] Docketing statement filed by Kimberly S. Grayden. Served on 04/13/2022. Manner of Service: email. [22-1097] JKC [Entered: 04/13/2022 10:33 AM]
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[10906065] Entry of appearance submitted by John K. Crisham and David C. Holman for Appellant Kimberly S. Grayden for court review. Certificate of Interested Parties: Yes. Served on 04/13/2022. Manner of Service: email. --[Edited 04/13/2022 by JJH to remove pdf as pleading filed 04/13/2022][22-1097] JKC [Entered: 04/13/2022 10:31 AM]
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[10906069] Entry of appearance filed by Mr. John K. Crisham and Mr. David C. Holman for Kimberly S. Grayden. CERT. OF INTERESTED PARTIES: n. Served on 04/13/2022. Manner of Service: email [22-1097] [Entered: 04/13/2022 10:38 AM]
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[10906073] Minute order filed - Notice due that record is complete by 04/20/2022 for Jeffrey P. Colwell, Clerk of Court (oclk). (Text Only - No Attachment) [22-1097] [Entered: 04/13/2022 10:44 AM]
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[10906100] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. Telephone conference scheduled for 05/03/2022 at 10:00 am (MT). The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. [Please open the Notice for important information.] [22-1097] [Entered: 04/13/2022 11:26 AM]
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[10906205] Filed notice record is complete. Served on 04/13/2022. Appellant's brief and appendix due on 05/23/2022 for Kimberly S. Grayden. [22-1097] [Entered: 04/13/2022 03:00 PM]
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[10905311] Entry of appearance submitted by Christopher George Hayes; Daniel J. Culhane for Appellee Spring Creek Energy Partners, LLCJason L. Eddington for court review. Certificate of Interested Parties: No. Served on 04/08/2022. Manner of Service: email. [22-1097]--[Edited 04/08/2022 by LG to remove PDF from entry, as pleading was filed on 4/8/2022] CGH [Entered: 04/08/2022 03:25 PM]
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[10905318] Entry of appearance filed by Daniel James Culhane and Christopher George Hayes for Spring Creek Energy Partners, LLC and Jason L. Eddington. CERT. OF INTERESTED PARTIES: n. Served on 04/08/2022. Manner of Service: email [22-1097] [Entered: 04/08/2022 03:38 PM]
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[10904229] Notice of an NDA re-sent to Christopher George Hayes. [22-1097] [Entered: 04/05/2022 10:17 AM]
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[10904052] Civil case docketed. Preliminary record filed. DATE RECEIVED: 04/04/2022. Docketing statement due 04/18/2022 for Kimberly S. Grayden. Transcript order form due 04/18/2022 for Kimberly S. Grayden. Notice of appearance due on 04/18/2022 for Jason L. Eddington, Kimberly S. Grayden and Spring Creek Energy Partners, LLC [22-1097] [Entered: 04/04/2022 03:42 PM]
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