Phelps Oil and Gas v. Noble Energy, et al
| PHELPS OIL AND GAS, LLC, on behalf of itself and a class of similarly situated royalty owners |
| NOBLE ENERGY INC. and DCP MIDSTREAM, LP |
| 23-1243 |
| July 31, 2023 |
| U.S. Court of Appeals, Tenth Circuit |
| Other Contract Actions |
Opinions
We have the following opinions for this case:
| Description |
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| Phelps Oil and Gas v. Noble Energy, et al. |
Docket Report
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This docket was last retrieved on September 19, 2023. A more recent docket listing may be available from PACER.
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[11029721] Affirmed;Terminated on the merits after submissions without oral hearing; Written, signed, unpublished; Judges Moritz, Baldock and Kelly, author. Mandate to issue. [23-1243] [Entered: 09/19/2023 09:02 AM]
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[11029432] Paper copies of appellant's supplemental brief and supplemental appendix received from Phelps Oil and Gas, LLC. [23-1243] [Entered: 09/18/2023 01:15 PM]
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[11028991] Paper copies of appellees supplemental brief and second supplemental appendix received from DCP Midstream, LP and Noble Energy Inc. [23-1243] [Entered: 09/15/2023 12:16 PM]
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[11029724] Sealed supplemental appendix filed by Appellant Phelps Oil and Gas, LLC. per this court's Order and Judgment dated 9/19/2023. Appendix pages: 94. Served on 09/14/2023. Manner of Service: email. [23-1243] [Entered: 09/19/2023 09:10 AM]
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[11028941] Appellant's unopposed motion filed by Phelps Oil and Gas, LLC for leave to file supplemental appendix under seal. Served on 09/14/2023. Manner of Service: email. (This motion was originally submitted in the same filing as the motion to file supplemental appendix.) [23-1243] [Entered: 09/15/2023 11:09 AM]
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[11028754] Motion filed by Appellant Phelps Oil and Gas, LLC to file supplemental appendix. Served on: 09/14/2023. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [23-1243]--[Edited 09/15/2023 by KLP to remove the motion to file under seal. It has been separately filed.] --[Edited 09/15/2023 by SDS to restrict access to exhibit A (see motion to seal)] GB [Entered: 09/14/2023 05:11 PM]
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[11027949] Deficiency notice issued. Appellant has not filed a motion for leave to file a supplemental appendix. Motion for leave to file a supplemental appendix due on 09/15/2023 for Phelps Oil and Gas, LLC. [23-1243] [Entered: 09/13/2023 09:04 AM]
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[11027245] Appellee/Respondent's supplemental brief filed by Noble Energy, Inc. and DCP Midstream, LP. Served on 09/11/2023. Manner of Service: email. Word/page count: 15. This pleading complies with all required privacy and virus certifications: Yes. [23-1243] --[Edited 09/11/2023 by SDS add party filer] DMM [Entered: 09/11/2023 11:45 AM]
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[11027244] Appellant's supplemental brief filed by Phelps Oil and Gas, LLC. Served on 09/11/2023. Manner of Service: email. Word/page count: 7. This pleading complies with all required privacy and virus certifications: Yes. [23-1243] GB [Entered: 09/11/2023 11:44 AM]
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[11027248] Supplemental appendix filed by Phelps Oil and Gas, LLC. Total number of volumes filed: 1. Served on 09/11/2023. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [23-1243] --[Edited 09/11/2023 by SDS to remove duplicate pdf from entry]--[Edited 09/15/2023 by KLP - clerk placed under seal pending motion to file under seal.] GB [Entered: 09/11/2023 11:48 AM]
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[11027255] Motion filed by Appellee Noble Energy Inc., DCP Midstream, LP to file supplemental appendix. Served on: 09/11/2023. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [23-1243] JWR [Entered: 09/11/2023 11:54 AM]
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[11027278] Minute order filed - Paper copies of the parties' supplemental briefs and supplemental appendices shall now be filed with the court within 5 business days of this order. All copies must be exact replicas of the electronic filings. Paper copies due 09/18/2023 by DCP Midstream, LP, Noble Energy Inc. and Phelps Oil and Gas, LLC. (Text Only - No Attachment) (Text Only - No Attachment) [23-1243] [Entered: 09/11/2023 12:30 PM]
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[11026681] Paper copies of appellant reply brief received from Phelps Oil and Gas, LLC. [23-1243] [Entered: 09/07/2023 02:24 PM]
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[11026057] Minute order filed - Appellant's reply brief is accepted for filing. Paper copies shall be filed with the court by 9/13/23. All copies must be exact replicas of the electronic filing. (Text Only - No Attachment) [23-1243] [Entered: 09/06/2023 07:26 AM]
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[11026026] Appellant/Petitioner's reply brief filed by Phelps Oil and Gas, LLC. Served on 09/05/2023. Manner of Service: email. Word/page count: 2810. This pleading complies with all required privacy and virus certifications: Yes. [23-1243] GB [Entered: 09/05/2023 07:38 PM]
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[11025077] Order filed by Clerk of the Court. The court requires supplemental briefs addressing two issues as listed in this order. Supplemental briefs due 09/11/2023 no later than noon Mountain Time for DCP Midstream, LP, Noble Energy Inc. and Phelps Oil and Gas, LLC.. This deadline will not be extended. Please see order additional important details. Served on 08/31/2023. [23-1243] [Entered: 08/31/2023 10:32 AM]
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[11024767] Paper copies of appellees' brief and supplemental appendix received from DCP Midstream, LP and Noble Energy Inc. [23-1243] [Entered: 08/30/2023 01:28 PM]
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[11024161] Minute order filed - the brief and supplemental appendix 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(s), including all attachments and number of volumes filed for appendices. Appellant's optional reply brief now due 09/18/2023 for Phelps Oil and Gas, LLC. Paper copies of appellee brief and supplemental appendix due 09/05/2023 by DCP Midstream, LP and Noble Energy Inc..--[Edited 08/28/2023 by JJH due to clerical error this entry was entered in error] (Text Only - No Attachment) [23-1243] [Entered: 08/28/2023 03:23 PM]
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[11024178] Minute order filed - the brief and supplemental appendix 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(s), including all attachments and number of volumes filed for appendices. Appellant's optional reply brief now due 09/5/2023 for Phelps Oil and Gas, LLC. Paper copies of appellee brief and supplemental appendixdue 09/05/2023 by DCP Midstream, LP and Noble Energy Inc.. --[Edited 08/28/2023 by JJH to correct optional reply brief deadline to 9/05/2023](Text Only - No Attachment) [23-1243] [Entered: 08/28/2023 03:46 PM]
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[11024171] Appellee/Respondent's brief filed by DCP Midstream, LP, Noble Energy, Inc.. Served on: 08/28/2023. Manner of service: email. Oral argument requested? No. Word/page count: 6837. This pleading complies with all required privacy and virus certifications: Yes. [23-1243] DMM [Entered: 08/28/2023 03:29 PM]
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[11024153] Supplemental appendix filed by DCP Midstream, LP. Total number of volumes filed: 1. Served on 08/28/2023. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [23-1243] DMM [Entered: 08/28/2023 03:17 PM]
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[11023982] Notice of deficient appendix received from DCP Midstream, LP and Noble Energy Inc. See attached letter for specifics. Supplemental appendix now due 08/31/2023 for DCP Midstream, LP and Noble Energy Inc.. [23-1243] [Entered: 08/28/2023 11:27 AM]
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This entry has been removed from the docket. Corrected supplemental appendix filed 08/28/2023 [JJH] [11023975] Supplemental appendix filed by DCP Midstream, LP. Total number of volumes filed: 1. Served on 08/28/2023. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [23-1243] DMM [Entered: 08/28/2023 11:19 AM]
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This entry has been removed from the docket. Corrected brief was filed on 08/28/2023 [JJH] [11023968] Appellee/Respondent's brief filed by DCP Midstream, LP, Noble Energy, Inc.. Served on: 08/28/2023. Manner of service: email. Oral argument requested? No. Word/page count: 6836. This pleading complies with all required privacy and virus certifications: Yes. [23-1243] DMM [Entered: 08/28/2023 11:12 AM]
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[11021436] Paper copies of appellant's brief and appendix received from Phelps Oil and Gas, LLC. [23-1243] [Entered: 08/16/2023 02:03 PM]
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[11020576] 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 filing(s), including all attachments and number of volumes filed for appendices. Appellee brief now due 08/28/2023 for DCP Midstream, LP and Noble Energy Inc.. Paper copies of appellant brief and appendix due 08/18/2023 by Phelps Oil and Gas, LLC. (Text Only - No Attachment) [23-1243] [Entered: 08/11/2023 03:52 PM]
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[11020571] Appellant's appendix filed by Phelps Oil and Gas, LLC. Total number of volumes filed: 2. Served on 08/11/2023. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [23-1243] GB [Entered: 08/11/2023 03:44 PM]
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[11020568] Appellant/Petitioner's brief filed by Phelps Oil and Gas, LLC. Served on 08/11/2023 by email. Oral argument requested? No. Word/page count: 4470. This pleading complies with all required privacy and virus certifications: Yes. [23-1243] GB [Entered: 08/11/2023 03:42 PM]
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[11019003] Filed notice record is complete. Text only entry on the district court docket. Served on 08/04/2023. [23-1243] [Entered: 08/07/2023 08:21 AM]
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[11018544] Entry of appearance filed by Francisco J. Escobar-Calderon and Daniel Mead McClure for DCP Midstream, LP. CERT. OF INTERESTED PARTIES: y. Served on 08/03/2023. Manner of Service: email [23-1243] [Entered: 08/03/2023 03:08 PM]
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[11018492] Entry of appearance submitted by Daniel M. McClure, Francisco J. Escobar-Calderon for Appellee DCP Midstream, LP for court review. Certificate of Interested Parties: Yes. Served on 08/03/2023. Manner of Service: email. [23-1243]--[Edited 08/03/2023 by JM PDF removed filed 8/3/23.] DMM [Entered: 08/03/2023 01:50 PM]
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[11018546] Rule 26 Disclosure Statement filed by DCP Midstream, LP. More than 50 parties disclosed: no. Served on 08/03/2023. Manner of Service: email. [23-1243] DMM [Entered: 08/03/2023 03:17 PM]
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[11017944] Entry of appearance submitted by Jonathan W. Rauchway, James R. Henderson, Molly Kokesh for Appellee Noble Energy Inc. for court review. Certificate of Interested Parties: Yes. Served on 08/02/2023. Manner of Service: email. --[Edited 08/02/2023 by SDS to remove pdf from entry as the pleading has been filed] [23-1243] JWR [Entered: 08/02/2023 09:17 AM]
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[11018012] Minute order filed - Notice due that record is complete by 08/09/2023 for Jeffrey P. Colwell, Clerk of Court (oclk). (Text Only - No Attachment) [23-1243] [Entered: 08/02/2023 11:40 AM]
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[11018009] Notice received from Phelps Oil and Gas, LLC that a transcript is not necessary for this appeal. Served on: 08/02/2023. Manner of Service: email [23-1243] GB [Entered: 08/02/2023 11:25 AM]
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[11018006] Entry of appearance filed by Mr. George Barton and Ms. Stacy Ann Burrows for Phelps Oil and Gas, LLC. CERT. OF INTERESTED PARTIES: n. Served on 08/02/2023. Manner of Service: email. [23-1243] [Entered: 08/02/2023 11:21 AM]
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[11018004] Rule 26 Disclosure Statement filed by Phelps Oil and Gas, LLC. More than 50 parties disclosed: no. Served on 08/02/2023. Manner of Service: email. [23-1243] GB [Entered: 08/02/2023 11:19 AM]
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[11018002] Entry of appearance submitted by George A. Barton and Stacy A. Burrows for Appellant Phelps Oil and Gas, LLC for court review. Certificate of Interested Parties: No. Served on 08/02/2023. Manner of Service: email. [23-1243] --[Edited 08/02/2023 by SDS to remove pdf from entry as the pleading has been filed] GB [Entered: 08/02/2023 11:18 AM]
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[11017957] Entry of appearance filed by Molly J. Kokesh, Mr. James Robert Henderson and Mr. Jonathan William Rauchway for Noble Energy Inc. CERT. OF INTERESTED PARTIES: y. Served on 08/02/2023. Manner of Service: email. [23-1243] [Entered: 08/02/2023 09:45 AM]
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[11017945] Rule 26 Disclosure Statement filed by Noble Energy Inc.. More than 50 parties disclosed: no. Served on 08/02/2023. Manner of Service: email. [23-1243] JWR [Entered: 08/02/2023 09:18 AM]
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[11017512] Order filed by Clerk of the Court vacating the preliminary deadlines set forth in the 07/31/2023 letter. Appellant need not file a docketing statement. Notice of appearance, transcript order form and disclosure statement due 08/03/2023 for Phelps Oil and Gas, LLC. Notice fo appearance and disclosure statement due 08/03/2023 for DCP Midstream, LP and Noble Energy Inc. Appellant's brief and appendix due on 08/14/2023 for Phelps Oil and Gas, LLC. Appellees' brief due 08/28/2023 for DCP Midstream, LP and Noble Energy Inc., Appellant's optional reply brief due 09/05/2023 for Phelps Oil and Gas, LLC. See order for details. Served on 07/31/2023. [23-1243] [Entered: 07/31/2023 04:10 PM]
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[11017497] Civil case docketed. Preliminary record filed. DATE RECEIVED: 07/31/2023. Docketing statement, transcript order form, notice of appearance and disclosure statement due 08/14/2023 for Phelps Oil and Gas, LLC. Notice of appearance and disclosure statement due on 08/14/2023 for DCP Midstream, LP and Noble Energy Inc. [23-1243] [Entered: 07/31/2023 03:51 PM]
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