In re: RUSCO Operating, et al
| RUSCO OPERATING, LLC and OIL PATCH GROUP, INC. |
| JOSHUA PALCZYNSKY, ALFREDO MONTES, JOSH FLEMING, JUSTIN FLEMING, LANCE HIGHFILL, MICHAEL PECTEL, MIKE BELL, THOMAS MILLER, THOMAS RUSSELL and WES WILSON |
| 25-2070 |
| June 27, 2025 |
| U.S. Court of Appeals, Tenth Circuit |
| Other |
Docket Report
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Filing 24
[11204317] Order filed by Judges Holmes, Matheson and Phillips denying petition for rehearing and rehearing en banc filed by Petitioner Oil Patch Group, Inc. [25-2070] [Entered: 08/11/2025 11:39 AM]
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| Filing 23 [11201490] Response filed by RUSCO Operating, LLC to Order to Show Cause. Served on 07/30/2025. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [25-2070] GEJ [Entered: 07/30/2025 01:30 PM] |
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Filing 22
[11200796] Order filed by Judges Holmes, Matheson and Phillips - Petitioners petition for panel and en banc rehearing (Dkt. 19) is before the court. Based on petitioners prior representation that compliance with the district courts July 18, 2025, deadline to complete the production of contact information disputed in this action would render the Rehearing Petition moot, Dkt. 20 at 1, it appears likely the petition is moot. Petitioners are ordered to respond to this order, by 11:59 pm M.D.T., on July 30, 2025. Petitioners response must advise the court whether they have complied with the district courts order(s) to produce the disputed contact information and whether they believe the petition for rehearing is now moot. If petitioners believe the petition is not moot, their response must be in the form of a memorandum brief explaining their position. Served on 07/28/2025. [25-2070] [Entered: 07/28/2025 04:35 PM]
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Filing 21
[11198435] Order filed by Judges Holmes and Matheson denying Petitioners' motion for stay filed by Oil Patch Group, Inc. and RUSCO Operating, LLC Served on 07/18/2025. [25-2070] [Entered: 07/18/2025 04:29 PM]
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| Filing 20 [11198314] Motion filed by Petitioner Oil Patch Group, Inc., RUSCO Operating, LLC for stay of all proceedings in the underlying matter styled Joshua Palczynsky v. Oil Patch Group, Inc., Case No. 2:21-CV-01125-DHU-KRS before the United States District Court for the District of New Mexico. Emergency Relief Requested? Yes. Date of event: 07/18/2025. Served on: 07/18/2025. Manner of service: US mail, email. This pleading complies with all required privacy and virus certifications: Yes. [25-2070] MJL [Entered: 07/18/2025 01:30 PM] |
| Filing 19 [11198309] Petition for rehearing, for rehearing en banc filed by Oil Patch Group, Inc.. Served on 07/18/2025. Manner of Service: US mail, email. This pleading complies with all required privacy and virus certifications: Yes. [25-2070] MJL [Entered: 07/18/2025 01:23 PM] |
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Filing 18
[18] Denied;Terminated on the merits after submissions without oral hearing;Written, unsigned, unpublished; We deny the emergency stay motion as moot. We vacate our previously entered temporary stay. Final order filed denying petition for writ of mandamus by Judges Holmes, Matheson and Phillips. [25-2070] [Entered: 07/16/2025 11:18 AM]
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Filing 17
[11197488] Order filed by Judges Holmes, Matheson and Phillips, as found in the final order, vacating our previously entered temporary stay and denying as moot emergency motion for stay filed by Petitioners RUSCO Operating, LLC and Oil Patch Group, Inc.[text only entry - see case termination for final order] [25-2070] [Entered: 07/16/2025 11:15 AM]
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| Filing 16 [11196916] Notice of clerical error. The 07/15/2025 deficiency notice was entered in error and shall be removed from the docket. Petitioners' disclosure statements were filed on 06/27/2025. [25-2070] [Entered: 07/15/2025 08:24 AM] |
| Filing 15 This entry has been removed from the docket per the notice of clerical error. [sds] [11196898] Deficiency notice issued. Type of deficiency: petitioners have not filed a disclosure statement. Disclosure statement due on 07/18/2025 for Oil Patch Group, Inc. and RUSCO Operating, LLC. [25-2070] [Entered: 07/15/2025 07:53 AM] |
| Filing 14 [11196484] Response filed by Mr. Mike Bell, Josh Fleming, Justin Fleming, Lance Highfill, Mr. Thomas Miller, Alfredo Montes, Joshua Palczynsky, Michael Pectel, Mr. Thomas Russell and Wes Wilson to Petitioners' Emergency Motion for Stay. Served on 07/11/2025. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [25-2070] CCH [Entered: 07/11/2025 10:45 PM] |
| Filing 13 [11196483] Response to petition for writ of mandamus filed by Mr. Mike Bell, Josh Fleming, Justin Fleming, Lance Highfill, Mr. Thomas Miller, Alfredo Montes, Joshua Palczynsky, Michael Pectel, Mr. Thomas Russell and Wes Wilson. Served on: 07/11/2025. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. --[Edited 07/14/2025 by GH to correct docket text to reflect actual pleading title] [25-2070] CCH [Entered: 07/11/2025 10:18 PM] |
| Filing 12 [11194435] Order filed by Clerk of the Court - This matter is before the court on Respondents First Unopposed Motion for Extension of Time to File Response to the Petition for Writ of Mandamus and Emergency Motion for Stay. The motion is granted. Respondents shall file their response on or before July 11, 2025. Served on 07/03/2020. [25-2070] [Entered: 07/03/2025 02:26 PM] |
| Filing 11 [11194294] Motion filed by Respondents Mr. Mike Bell, Josh Fleming, Justin Fleming, Lance Highfill, Mr. Thomas Miller, Alfredo Montes, Joshua Palczynsky, Michael Pectel, Mr. Thomas Russell and Wes Wilson to extend time to file a response until 07/11/2025. Served on: 07/03/2025. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [25-2070] CCH [Entered: 07/03/2025 10:42 AM] |
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Filing 10
[11192968] Order filed by Judges Matheson and Phillips - respondent's shall file responses to both the mandamus petition and the emergency motion for stay by 07/07/2025 at 11:59 pm MDT. We grant a temporary stay as set forth in the order. See order for details. Served on 06/27/2025. [25-2070] [Entered: 06/27/2025 04:14 PM]
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| Filing 9 [11192732] Entry of appearance filed by Mr. Curt Christopher Hesse and Ms. Melissa Moore for Mr. Thomas Miller, Mr. Mike Bell, Mr. Thomas Russell, Joshua Palczynsky, Alfredo Montes, Josh Fleming, Justin Fleming, Lance Highfill, Michael Pectel, Wes Wilson, Johnny Smith and Jackie Burson. CERT. OF INTERESTED PARTIES: n. Served on 06/27/2025. Manner of Service: email. [25-2070] [Entered: 06/27/2025 09:21 AM] |
| Filing 8 [11192729] Entry of appearance submitted by Curt Christopher Hesse and Melissa Ann Moore for Respondents Mr. Mike Bell, Josh Fleming, Justin Fleming, Lance Highfill, Mr. Thomas Miller, Alfredo Montes, Joshua Palczynsky, Michael Pectel, Mr. Thomas Russell, Wes Wilson and Not Parties Jackie Burson and Johnny Smith for court review. Certificate of Interested Parties: No. Served on 06/27/2025. Manner of Service: email. [25-2070] --[Edited 06/27/2025 by SDS to remove pdf from entry as the pleading has been filed] CCH [Entered: 06/27/2025 09:14 AM] |
| Filing 7 [11192715] Rule 26 Disclosure Statement filed by RUSCO Operating, LLC. More than 50 parties disclosed: no. Served on 06/27/2025. Manner of Service: email. [25-2070] [Entered: 06/27/2025 08:42 AM] |
| Filing 6 [11192713] Entry of appearance filed by Nik B. Abraham, Ms. Grace Elizabeth Jennings Amy Rose for RUSCO Operating, LLC and Devlan Sheahan for RUSCO Operating, LLC. CERT. OF INTERESTED PARTIES: y (previously disclosed). Served on 06/27/2025. Manner of Service: email. [25-2070] --[Edited 06/27/2025 by SDS to add text] [Entered: 06/27/2025 08:40 AM] |
| Filing 5 [11192701] Rule 26 Disclosure Statement filed by Oil Patch Group, Inc. More than 50 parties disclosed: no. Served on 06/27/2025. Manner of Service: email. [25-2070] [Entered: 06/27/2025 08:23 AM] |
| Filing 4 [11192699] Entry of appearance filed by Dominique Baldwin, Michael James Lombardino and Mrs. Kaylen Elizabeth Strench for Oil Patch Group, Inc. CERT. OF INTERESTED PARTIES: y. Served on 06/27/2025. Manner of Service: email. [25-2070] [Entered: 06/27/2025 08:21 AM] |
| Filing 3 [11192685] Emergency motion for stay filed by Petitioners Oil Patch Group, Inc. and RUSCO Operating, LLC. Served on 06/26/2025. Manner of Service: US mail, email. [25-2070] [Entered: 06/27/2025 07:54 AM] |
| Filing 2 [11192679] Case docketed. Petition Mandamus filed. c/s: y. Fee paid. Notice of appearance due on 07/11/2025 for Mike Bell, Josh Fleming, Justin Fleming, Lance Highfill, Thomas Miller, Alfredo Montes, Oil Patch Group, Inc., Joshua Palczynsky, Michael Pectel, RUSCO Operating, LLC, Thomas Russell and Wes Wilson. Disclosure statement due on 07/11/2025 for Oil Patch Group, Inc. and RUSCO Operating, LLC. DATE RECEIVED: 06/26/2025. [25-2070] [Entered: 06/27/2025 07:44 AM] |
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