Grayden v. Spring Creek Energy Partners, LLC et al
Plaintiff: Kimberly S. Pitman and Kimberly S. Grayden
Defendant: Spring Creek Energy Partners, LLC, Jason L. Eddington and Raisa III Minerals, LLC
Case Number: 1:2021cv00106
Filed: January 14, 2021
Court: US District Court for the District of Colorado
Presiding Judge: Gordon P Gallagher
Referring Judge: Gordon P Gallagher
2 Judge: Raymond P Moore
3 Judge: N Reid Neureiter
Nature of Suit: Torts to Land
Cause of Action: 28 U.S.C. § 1332 Diversity-Fraud
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 2, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 2, 2023 Opinion or Order Filing 159 ORDER granting #158 Joint Stipulation for Dismissal. It is ORDERED that the above-captioned matter is DISMISSED with prejudice, each party to bear its own fees and costs. By District Judge Gordon P Gallagher on 11/2/2023. (schap, )
November 2, 2023 Opinion or Order Filing 158 STIPULATION of Dismissal of Case with Prejudice by Plaintiff Kimberly S. Grayden. (Crisham, John)
October 18, 2023 Opinion or Order Filing 157 TRANSCRIPT of TELEPHONIC FINAL PRETRIAL CONFERENCE held on 03/16/2023 before Magistrate Judge Neureiter. Pages: 1-22. Prepared by: AB Litigation Services. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (AB Court Reporting & Video, Inc., )
September 7, 2023 Opinion or Order Filing 156 TRANSCRIPT of motions hearing held on 8/25/23 before Judge Gallagher. Pages: 1-33. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (evale, )
August 25, 2023 Opinion or Order Filing 155 COURTROOM MINUTES for Motion Hearing held on 8/25/2023 re #50 MOTION for Summary Judgment before District Judge Gordon P Gallagher: granting in part and denying in part #50 Motion for Summary Judgment; Court Reporter: Erin Valenti. (msmot)
August 14, 2023 Opinion or Order Filing 154 ORDER: In-person Motion Hearing set for 8/25/2023 at 10:45 AM in Courtroom C202/Rogers Courthouse before District Judge Gordon P Gallagher for the purpose of considering the Motion at D. 50. For this one-hour hearing, each party shall be prepared to present oral argument in support or opposition to the Motion for approximately 10 minutes and, at the conclusion of argument, the Court may rule from the Bench. By District Judge Gordon P Gallagher on August 14, 2023. Text Only Entry (gpglc3, )
May 11, 2023 Opinion or Order Filing 153 NOTICE of Entry of Appearance of Gabrielle L. Schneiderman by Gabrielle Lauren Schneiderman on behalf of Jason L. Eddington, Spring Creek Energy Partners, LLCAttorney Gabrielle Lauren Schneiderman added to party Jason L. Eddington(pty:dft), Attorney Gabrielle Lauren Schneiderman added to party Spring Creek Energy Partners, LLC(pty:dft) (Schneiderman, Gabrielle)
May 10, 2023 Opinion or Order Filing 152 ORDER: The Court grants in part and denies in part the Defendants' Motion For Leave To File a Second Summary Judgment Motion #147 . In light of the Plaintiff's opposition to that request, the Court finds that the parties' expenditure of additional time and money on new briefing is not warranted. Instead, the Court will deem the Defendants' prior summary judgment motion #50 to remain pending as to any matters not previously addressed by Judge Moore and the 10th Circuit. The Court will consider that motion and the associated briefing (including, to the extent germane, the Magistrate Judge's Recommendation #79 and Objections thereto #81 ) to remain under advisement, and the Court will rule on the remaining issues in due course. The Clerk of the Court shall designate the motion at Docket #50 to be pending.The Court is further advised of the parties' positions regarding an earlier trial setting and will issue an order on that matter in the future. Until such order, the currently-scheduled June 24, 2024 trial date and May 24, 2024 Pretrial Conference dates shall remain in effect. By District Judge Gordon P Gallagher on 5/10/23. Text Only Entry (msklc2, ) Modified on 5/11/2023 to correct year of trial date (sdunb, ).
May 10, 2023 Opinion or Order Filing 151 NOTICE re 148 Order on Motion for Leave,,,, Joint Notice Addressing Potential New Trial Date by Defendants Jason L. Eddington, Spring Creek Energy Partners, LLC (Olsen, Thomas)
May 3, 2023 Opinion or Order Filing 150 RESPONSE to #147 MOTION for Leave to File Second Motion for Summary Judgment filed by Plaintiff Kimberly S. Grayden. (Holman, David)
May 3, 2023 Opinion or Order Filing 149 ORDER: Having miscalculated the deadline for filing a response to the Defendants' motion, the Court vacates the first paragraph of its May 5, 2023 Order 148 , and the Court apologizes to the parties for the inconvenience resulting from its error. The Defendants' Motion for Leave To File A Second Summary Judgment Motion #147 remains under advisement. The advisements and instructions to the parties in the second and third paragraphs of that Order remain effective. By District Judge Gordon P. Gallagher on 5/3/23. (msklc2, )
May 3, 2023 Opinion or Order Filing 148 ORDER granting #147 Motion for Leave: There being no opposition filed, the motion is granted. The Defendants shall file a summary judgment motion, if at all, within 21 days of this Order.However, the Court advises the parties that, due to the reassignment of this case to the undersigned and the opportunities presented by the undersigned's currently less-congested calendar, it is the Court's intention to proceed to trial earlier than the June 2024 trial date previously set by Judge Moore. Specifically, it is the Court's intention to set this matter for trial in September or October of 2023. Within 7 days of this Order, the parties shall confer and file a notice addressing their preferred trial dates in Fall 2023. The Court further advises the Defendants that depending on the trial date that is set, it may not be possible for the Court to rule on any summary judgment motion prior to the trial date. In such circumstances, the Court will treat that motion as a trial brief in anticipation of a mid-trial motion pursuant to Fed. R. Civ. P. 50. By District Judge Gordon P. Gallagher on 5/3/23. Text Only Entry(msklc2, )
April 13, 2023 Opinion or Order Filing 147 MOTION for Leave to File Second Motion for Summary Judgment by Defendants Jason L. Eddington, Spring Creek Energy Partners, LLC. (Attachments: #1 Exhibit 1 to Defendants' Motion for Leave to File Second Motion for Summary Judgment, #2 Exhibit 2 to Defendants' Motion for Leave to File Second Motion for Summary Judgment)(Olsen, Thomas)
April 4, 2023 Opinion or Order Filing 146 REASSIGNMENT OF JUDGE. This action is reassigned to Judge Gordon P. Gallagher upon his appointment as United States District Judge. Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained. Judge Gallagher is located in Courtroom 323 in the Wayne Aspinall Courthouse. His telephone number is (970) 241-8932. All future pleadings should be designated as 21-cv-00106-GPG-NRN. (Text only entry) (csarr, )
March 21, 2023 Opinion or Order Filing 145 ORDER SETTING CASE FOR TRIAL. This matter has been scheduled for a four-day jury trial on the docket of Judge Raymond P. Moore in the U.S. District Court, Courtroom A601, 6th Floor, 901 19th Street, Denver, Colorado to commence on June 24, 2024 at 9:00 a.m. On the first day of trial to a jury, counsel are expected to be present at 8:30 a.m. to go over any final matters before the commencement of trial. A Trial Preparation Conference is set for May 24, 2024 at 11:00 a.m. By Judge Raymond P. Moore on 3/21/2023. (sdunb, )
March 16, 2023 Opinion or Order Filing 144 MINUTE ORDER: In light of the Final Pretrial Order entered by Magistrate Judge N. Reid Neureiter #143 , the parties are directed to contact the Court's Judicial Assistant via email (Deanne_bader@cod.uscourts.gov) on or before the close of business on Monday, March 20, 2023, to obtain trial dates. SO ORDERED by Judge Raymond P. Moore on 3/16/2023. (Text Only Entry) (rmsec)
March 16, 2023 Opinion or Order Filing 143 FINAL PRETRIAL ORDER by Magistrate Judge N. Reid Neureiter on March 16, 2023. (Attachments: #1 Plaintiff's Exhibit List, #2 Defendant's Exhibit List) (rvill, )
March 16, 2023 Opinion or Order Filing 142 MINUTE ENTRY for proceedings held before Magistrate Judge N. Reid Neureiter: Telephonic Final Pretrial Conference held on 3/16/2023. Defendants' Motion to Reopen Discovery for Limited Purposes (Dkt. #137 ) is DENIED. The proposed FINAL PRETRIAL ORDER, with witness lists and exhibit lists, which was tendered to the court, and modified as stated on the record, is made an Order of Court. FTR: Courtroom C203. (rvill, )
March 15, 2023 Opinion or Order Filing 141 Minute ORDER by Magistrate Judge N. Reid Neureiter on 15 March 2023. It is hereby ORDERED that the parties shall be prepared to argue their respective positions concerning Defendants' Motion to Reopen Discovery for Limited Purposes at the Final Pretrial Conference set in this matter on March 16, 2023 at 1:00 p.m. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
March 14, 2023 Opinion or Order Filing 140 REPLY to Response to #137 MOTION for Discovery To Reopen Discovery for Limited Purposes filed by Defendants Jason L. Eddington, Spring Creek Energy Partners, LLC. (Olsen, Thomas)
March 6, 2023 Opinion or Order Filing 139 RESPONSE to #137 MOTION for Discovery To Reopen Discovery for Limited Purposes filed by Plaintiff Kimberly S. Grayden. (Crisham, John)
February 27, 2023 Opinion or Order Filing 138 MEMORANDUM regarding #137 MOTION for Discovery To Reopen Discovery for Limited Purposes filed by Jason L. Eddington, Spring Creek Energy Partners, LLC. Motion referred to Magistrate Judge N. Reid Neureiter. By Judge Raymond P. Moore on 2/27/2023. (Text Only Entry) (rmsec)
February 27, 2023 Opinion or Order Filing 137 MOTION for Discovery To Reopen Discovery for Limited Purposes by Defendants Jason L. Eddington, Spring Creek Energy Partners, LLC. (Neckers, Joel)
February 23, 2023 Opinion or Order Filing 136 Minute ORDER by Magistrate Judge N. Reid Neureiter on 23 February 2023. It is hereby ORDERED that the Unopposed Motion of Daniel Culhane and Christopher Hayes to Withdraw as Counsel for Defendants and to be Relieved of Further Responsibilities in this Case (Dkt. #134 ) is GRANTED. Mr. Culhane and Mr. Hayes shall be permitted to withdraw as counsel for Defendants. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
February 23, 2023 Opinion or Order Filing 135 MEMORANDUM regarding #134 Unopposed MOTION to Withdraw as Attorney of Daniel Culhane and Christopher Hayes filed by Jason L. Eddington, Spring Creek Energy Partners, LLC. Motion referred to Magistrate Judge N. Reid Neureiter. By Judge Raymond P. Moore on 2/23/2023. (Text Only Entry) (rmsec)
February 22, 2023 Opinion or Order Filing 134 Unopposed MOTION to Withdraw as Attorney of Daniel Culhane and Christopher Hayes by Defendants Jason L. Eddington, Spring Creek Energy Partners, LLC. (Culhane, Daniel)
February 21, 2023 Opinion or Order Filing 133 Proposed Pretrial Order by Defendants and by Plaintiff Kimberly S. Grayden. (Attachments: #1 Exhibit A - Plaintiff's Proposed Trial Exhibits, #2 Exhibit B - Defendants' Proposed Trial Exhibits)(Crisham, John)
February 15, 2023 Opinion or Order Filing 132 Costs Taxed by Clerk in the amount of $0.00 against Defendant Spring Creek Energy Partners, LLC et al and in favor of Plaintiff Grayden. Spring Creek Energy Partners, LLC, et al. The Clerk finds that the costs awarded under FRAP 39 will bedetermined at the conclusion of this case and after entry of final judgment. Plaintiff's costs therefore are DENIED without prejudice, subject to consideration after final judgment on the filing of a renewed bill. See Taxation of Costs documetn for further explanation. (ebutl)
February 3, 2023 Opinion or Order Filing 131 MINUTE ORDER by Magistrate Judge N. Reid Neureiter on February 3, 2023. Pursuant to communications with the parties, it is hereby ORDERED that a telephonic Final Pretrial Conference is SET on March 16, 2023 at 1:00 p.m. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. PLEASE READ ATTACHED MINUTE ORDER (csarr, )
January 31, 2023 Opinion or Order Filing 130 RESPONSE to #125 Proposed Bill of Costs, by Defendants Jason L. Eddington, Spring Creek Energy Partners, LLC. (Attachments: #1 Exhibit A: Plaintiff Bill of Costs in Court of Appeals, #2 Exhibit B: Court of Appeals Order Denying Plaintiff Bill of Costs In Part)(Culhane, Daniel)
January 31, 2023 Opinion or Order Filing 129 Minute ORDER by Magistrate Judge N. Reid Neureiter on 31 January 2023. In light of Dkt. # 126 , it is hereby ORDERED that the parties shall jointly callChambers (303) 335-2403 to set the Final Pretrial Conference. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
January 30, 2023 Opinion or Order Filing 128 NOTICE of Entry of Appearance by Joel S. Neckers on behalf of Jason L. Eddington, Spring Creek Energy Partners, LLCAttorney Joel S. Neckers added to party Jason L. Eddington(pty:dft), Attorney Joel S. Neckers added to party Spring Creek Energy Partners, LLC(pty:dft) (Neckers, Joel)
January 30, 2023 Opinion or Order Filing 127 NOTICE of Entry of Appearance by Thomas Austin Olsen on behalf of Jason L. Eddington, Spring Creek Energy Partners, LLCAttorney Thomas Austin Olsen added to party Jason L. Eddington(pty:dft), Attorney Thomas Austin Olsen added to party Spring Creek Energy Partners, LLC(pty:dft) (Olsen, Thomas)
January 30, 2023 Opinion or Order Filing 126 MINUTE ORDER: This matter is before the Court on remand from the United States Court of Appeals for the Tenth Circuit, which reversed the Court's grant of summary judgment in Defendants' favor. Due to the passage of time and developments in this case after the Final Pretrial Order was entered on February 2, 2022, the parties are directed to submit an updated proposed final pretrial order on or before February 21, 2023. The Final Pretrial Conference will be set by Magistrate Judge N. Reid Neureiter by separate order. SO ORDERED by Judge Raymond P. Moore on 1/30/2023. (Text Only Entry) (rmsec)
January 30, 2023 Opinion or Order Case reopened pursuant to the 126 Minute Order. By Judge Raymond P. Moore on 1/30/2023. Text Only Entry (sdunb, )
January 26, 2023 Opinion or Order Filing 125 Proposed Bill of Costs by Plaintiff Kimberly S. Grayden. (Attachments: #1 Exhibit 1, Statement, #2 Exhibit 2, Itemized List, #3 Exhibit 3, Fees of Clerk, #4 Exhibit 4, Fees of Reporter, #5 Exhibit 5, Transcription Costs)(Crisham, John)
January 24, 2023 Opinion or Order Filing 124 SUPPLEMENT TO MANDATE #122 : The #123 Order on costs for this case supplements the previously-issued mandate of this court. Costs are taxed by this court in favor of the appellant and against the appellees in the amount of $908.51. 10CCA Appeal No. 22-1097 (sdunb, )
January 24, 2023 Opinion or Order Filing 123 ORDER of USCA filed by Judges Hartz, Tymkovich and Matheson granting in part and remanding in part Appellant's bill of costs as to #105 Notice of Appeal, filed by Kimberly S. Grayden. (USCA Case No. 22-1097) (sdunb, )
January 23, 2023 Opinion or Order Filing 122 MANDATE of USCA as to #105 Notice of Appeal, filed by Kimberly S. Grayden, #120 USCA Order and Judgment : (USCA Case No. 22-1097) (sdunb, )
January 11, 2023 Opinion or Order Filing 121 Notice of Change of Address by Defendant Spring Creek Energy Partners, LLC. (Hayes, Christopher) Modified on 1/12/2023 to correct title per chamber's request (sdunb, ).
December 28, 2022 Opinion or Order Filing 120 USCA Order and Judgment as to #105 Notice of Appeal, filed by Kimberly S. Grayden : (USCA Case No. 22-1097) (This document is not the Mandate) (sdunb, )
October 7, 2022 Opinion or Order Filing 119 ORDER. Defendants' #110 Motion is DENIED. By Judge Raymond P. Moore on 10/07/2022. (sdunb, )
May 13, 2022 Opinion or Order Filing 118 REPLY to Response to #110 MOTION for Attorney Fees filed by Defendants Jason L. Eddington, Spring Creek Energy Partners, LLC. (Culhane, Daniel)
May 10, 2022 Opinion or Order Filing 117 Costs Taxed by Clerk in the amount of $2,354.93 against Plaintiff Grayden and in favor of Defendants Eddington and Spring Creek Energy Partners, LLC. Bill of Costs hearing held on May 10, 2022, in Courtroom A201 of the Arraj Courthouse. (ashee)
May 6, 2022 Opinion or Order Filing 116 STATEMENT re #112 Proposed Bill of Costs,, #114 Objections, #113 Notice,,,, of Conferral by Defendants Jason L. Eddington, Spring Creek Energy Partners, LLC. (Culhane, Daniel)
May 3, 2022 Opinion or Order Filing 115 BRIEF in Opposition to #110 MOTION for Attorney Fees filed by Plaintiff Kimberly S. Grayden. (Crisham, John)
May 3, 2022 Opinion or Order Filing 114 OBJECTIONS to #112 Proposed Bill of Costs,, by Plaintiff Kimberly S. Grayden. (Crisham, John)
April 20, 2022 Opinion or Order Filing 113 NOTICE by Clerk re Bill of Costs Hearing re #112 Proposed Bill of Costs. As set in the Proposed Bill, the hearing for this matter will be held on May 10, 2022 at 9:30 a.m. MST. The hearing will be held IN PERSON - the parties are directed to have counsel asserting the Proposed Bill of Costs and opposing counsel presenting objections be physically present for the hearing. Co-counsel can appear by telephone. The hearing will be held in Courtroom A201 (2nd floor) of the Arraj U.S. Courthouse. The Clerk reminds the parties that a Statement of Conferral must be filed no later than the day before the hearing in order to confirm the attempts to reach a settlement on either some or all of the requested costs, per local rule LCivR 54.1, and to confirm the parties have utilized the Clerk's Guide to Bills of Cost Hearings (see attached) in their discussions. Finally, the Clerk strongly encourages the parties to reach an agreement as to individual costs items - or preferably - a global settlement, in light of the Rule One directive that the court and PARTIES work to secure the just, speedy, and inexpensive determination of every action and proceeding. (ashee)
April 19, 2022 Opinion or Order Filing 112 Proposed Bill of Costs Amended by Defendants Jason L. Eddington, Spring Creek Energy Partners, LLC. (Attachments: #1 Amended Bill of Costs and Statement of Compliance, #2 Itemization of Costs, #3 Exhibit 1: Invoices for ESI Production, #4 Exhibit 2: Invoices for Record Exemplification, #5 Exhibit 3-A: Invoice for Transcript of Deposition of Jason Eddington, #6 Exhibit 3-B: Invoices for Flight for Deposition, #7 Exhibit 3-C: Invoices for Lodging and Meals for Deposition, #8 Exhibit 3-D: Request for Payment for Crisham Flight for Deposition, #9 Exhibit 4-A: Invoices for Process Server, #10 Exhibit 4-B: Invoice and Proof of Payment for Process Server)(Culhane, Daniel)
April 14, 2022 Opinion or Order Filing 111 Proposed Bill of Costs by Defendants Jason L. Eddington, Spring Creek Energy Partners, LLC. (Attachments: #1 Appendix Defendants Bill of Costs and Statement of Compliance)(Culhane, Daniel)
April 14, 2022 Opinion or Order Filing 110 MOTION for Attorney Fees by Defendants Jason L. Eddington, Spring Creek Energy Partners, LLC. (Attachments: #1 Affidavit of Christopher Hayes, #2 Exhibit A to Hayes Affidavit: CV, #3 Exhibit B to Hayes Affidavit: Billing Records, #4 Affidavit of Daniel Culhane, #5 Exhibit A to Culhane Affidavit: CV, #6 Exhibit B to Culhane Affidavit: Billing records)(Culhane, Daniel)
April 13, 2022 Opinion or Order Filing 109 LETTER TO USCA and all counsel certifying the record is complete as to #105 Notice of Appeal, filed by Kimberly S. Grayden. A transcript order form was filed stating that the necessary transcript is already on file. ( Appeal No. 22-1097) Text Only Entry (sdunb, )
April 13, 2022 Opinion or Order Filing 108 TRANSCRIPT ORDER FORM by Plaintiff Kimberly S. Grayden. Necessary transcript is already on file re #105 Notice of Appeal,. (sdunb, )
April 4, 2022 Opinion or Order Filing 107 USCA Case Number 22-1097 for #105 Notice of Appeal, filed by Kimberly S. Grayden. (sdunb, )
April 4, 2022 Opinion or Order Filing 106 LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the #105 Notice of Appeal, filed by Kimberly S. Grayden to the U.S. Court of Appeals. ( Retained Counsel, Fee paid,) (Attachments: #1 Preliminary Record, #2 Docket Sheet)(sdunb, )
April 1, 2022 Opinion or Order Filing 105 NOTICE OF APPEAL as to #103 Order on Motion for Summary Judgment, Order on Report and Recommendations, Order on Motion to Strike, Order on Motion to Supplement, #104 Judgment by Plaintiff Kimberly S. Grayden (Filing fee $ 505, Receipt Number ACODC-8390673) (Crisham, John)
March 31, 2022 Opinion or Order Filing 104 FINAL JUDGMENT pursuant #103 Order. Entered by the Clerk of the Court on 3/31/2022. (cpear)
March 31, 2022 Opinion or Order Filing 103 ORDER granting #50 Motion for Summary Judgment, rejecting as moot #79 Report and Recommendation, denying as moot #87 Motion to Strike and #92 Motion to Supplement. Entered by Judge Raymond P. Moore on 3/31/2022. (cpear)
March 11, 2022 Opinion or Order Filing 102 REPLY to Response to #50 MOTION for Summary Judgment (Supplemental) filed by Defendants Jason L. Eddington, Spring Creek Energy Partners, LLC. (Culhane, Daniel)
March 4, 2022 Opinion or Order Filing 101 RESPONSE to #50 MOTION for Summary Judgment Plaintiff's Supplemental Response to Defendants' Objection to Magistrate Judge's Report and Recommendation, Supplemental Brief in Support of Defendants' Motion for Summary Judgement, and Motion for Summary Judgment re dkt 50 and 99 (as allowed by dkt 100) filed by Plaintiff Kimberly S. Grayden. (Attachments: #1 Continuation of Main Document Plaintiff's Response to Amended SUMF filed Feb 1, 2022 and additional facts, #2 Affidavit Declaration of Tracy Lenz, #3 Exhibit 1910 Black's Law Dictionary excerpts, #4 Exhibit 1909 Dictionary excerpts, #5 Exhibit 2019 Black's Law Dictionary excerpts, #6 Exhibit 1961Dictionary Excerpts)(Crisham, John)
February 22, 2022 Opinion or Order Filing 100 MINUTE ORDER: Before the Court is Defendants' Amended Request for Judicial Notice #99 , asking the Court to take judicial notice of certain public records certified by the Weld County Recorder. The request is GRANTED. In light of these records, Plaintiff may file a Supplemental Response to the pending Motion for Summary Judgment #50 , on or before March 4, 2022. SO ORDERED by Judge Raymond P. Moore on 2/22/2022. (Text Only Entry) (rmsec )
February 16, 2022 Opinion or Order Filing 99 NOTICE re #85 Notice (Other) Amended Request for Judicial Notice by Defendants Jason L. Eddington, Spring Creek Energy Partners, LLC (Attachments: #1 Exhibit 1: Certified Copies of Public Records filed with the Weld County Clerk and Recorder)(Culhane, Daniel)
February 15, 2022 Opinion or Order Filing 98 RESPONSE to #92 MOTION to Supplement #50 MOTION for Summary Judgment , #51 Statement, #62 Statement, filed by Plaintiff Kimberly S. Pitman. (Crisham, John)
February 15, 2022 Opinion or Order Filing 97 REPLY to Response to #87 MOTION to Strike #85 Notice (Other) and Exhibit 1 Thereto filed by Plaintiff Kimberly S. Pitman. (Crisham, John)
February 9, 2022 Opinion or Order Filing 96 ORDER SETTING CASE FOR TRIAL. This matter has been scheduled for a four-day jury trial on the docket of Judge Raymond P. Moore in the U.S. District Court, Courtroom A601, 6th Floor, 901 19th Street, Denver, Colorado to commence on May 1, 2023 at 9:00 a.m. On the first day of trial to a jury, counsel are expected to be present at 8:30 a.m. to go over any final matters before the commencement of trial. A Trial Preparation Conference is set for April 7, 2023 at 10:00 a.m. By Judge Raymond P. Moore on 02/09/2022. (sdunb, )
February 2, 2022 Opinion or Order Filing 95 MINUTE ORDER: In light of the Final Pretrial Order entered by Magistrate Judge N. Reid Neureiter #94 , the parties are directed to contact the Court's Judicial Assistant via email (Deanne_bader@cod.uscourts.gov) on or before the close of business on Friday, February 4, 2022, to obtain trial dates. SO ORDERED by Judge Raymond P. Moore on 2/2/2022. (Text Only Entry) (rmsec )
February 2, 2022 Opinion or Order Filing 94 FINAL PRETRIAL ORDER by Magistrate Judge N. Reid Neureiter on February 2, 2022. (Attachments: #1 Plaintiff's Proposed Exhibits, #2 Defendants Exhibit List) (rvill, )
February 2, 2022 Opinion or Order Filing 93 COURTROOM MINUTES for proceedings held before Magistrate Judge N. Reid Neureiter: Telephonic Final Pretrial Conference held on 2/2/2022. FTR: Courtroom C203. (rvill, )
February 1, 2022 Opinion or Order Filing 92 MOTION to Supplement #50 MOTION for Summary Judgment , #51 Statement, #62 Statement, by Defendants Jason L. Eddington, Spring Creek Energy Partners, LLC. (Attachments: #1 Supplemental Brief in Support of Defendants Motion for Summary Judgment, #2 Amended Separate Statement of Undisputed Material Facts (MSUMF), #3 Supplemental Declaration of Jason Eddington)(Culhane, Daniel)
February 1, 2022 Opinion or Order Filing 91 RESPONSE to #87 MOTION to Strike #85 Notice (Other) and Exhibit 1 Thereto filed by Defendants Jason L. Eddington, Spring Creek Energy Partners, LLC. (Attachments: #1 Exhibit A: Plaintiff Supplemental Disclosures 20-Jan-2022, #2 Exhibit B: Plaintiff Discovery Responses Excerpt)(Culhane, Daniel)
February 1, 2022 Opinion or Order Filing 90 REPLY to #86 Objections to Request for Judicial Notice by Defendants Jason L. Eddington, Spring Creek Energy Partners, LLC. (Attachments: #1 Exhibit A: Plaintiff Supplemental Disclosures 20-Jan-2022)(Culhane, Daniel)
January 26, 2022 Opinion or Order Filing 89 Proposed Pretrial Order by Defendants and by Plaintiff Kimberly S. Pitman. (Attachments: #1 Appendix A Plaintiff's Preliminary Exhibit List, #2 Appendix B Defendants' Preliminary Exhibit List)(Holman, David)
January 25, 2022 Opinion or Order Filing 88 MINUTE ORDER. The upcoming Final Pretrial Conference on February 2, 2022 at 9:30 a.m. in this matter shall be conducted via telephone. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. The Court notes that the parties may hear the conclusion of a prior hearing at the time they call in, and are instructed to simply wait until their case is called. SO ORDERED, by Magistrate Judge N. Reid Neureiter on January 25, 2022. Text Only Entry. (rvill, )
January 21, 2022 Opinion or Order Filing 87 MOTION to Strike #85 Notice (Other) and Exhibit 1 Thereto by Plaintiff Kimberly S. Pitman. (Attachments: #1 Exhibit A)(Crisham, John)
January 21, 2022 Opinion or Order Filing 86 OBJECTIONS to #85 Notice (Other) by Plaintiff Kimberly S. Pitman. (Attachments: #1 Exhibit A)(Crisham, John)
January 13, 2022 Opinion or Order Filing 85 NOTICE Request for Judicial Notice by Defendants Jason L. Eddington, Spring Creek Energy Partners, LLC (Attachments: #1 Exhibit 1 - Weld County Public Records)(Culhane, Daniel)
January 7, 2022 Opinion or Order Filing 84 NOTICE re #82 Order on Motion to Strike, Motion Hearing of Withdrawal of Errata Sheet by Defendants Jason L. Eddington, Spring Creek Energy Partners, LLC (Culhane, Daniel)
January 6, 2022 Opinion or Order Filing 83 RESPONSE to Objection to #79 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re #50 MOTION for Summary Judgment filed by Jason L. Eddington, Spring Creek Energy Partners, LLC filed by Plaintiff Kimberly S. Pitman. (Crisham, John)
January 4, 2022 Opinion or Order Filing 82 COURTROOM MINUTES for proceedings held before Magistrate Judge N. Reid Neureiter: Telephonic Motion Hearing regarding Plaintiff's Motion to Strike Errata Sheet (Dkt. #74 ) held on 1/4/2022. FTR: Courtroom C203. (rvill, )
December 23, 2021 Opinion or Order Filing 81 OBJECTION to #79 Report and Recommendations filed by Defendants Jason L. Eddington, Spring Creek Energy Partners, LLC. (Culhane, Daniel)
December 13, 2021 Opinion or Order Filing 80 Minute ORDER by Magistrate Judge N. Reid Neureiter on 13 December 2021. It is hereby ORDERED that a telephonic Motion Hearing is set on January 4, 2022 at 2:00 p.m. The parties shall be prepared to argue their respective positionsconcerning Plaintiff's Motion to Strike Errata Sheet (Dkt. #74 ). The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. If this date and time is not practicable, counsel shall jointly contact Chambers at (303) 335-2403 to reset the Motion Hearing. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
December 10, 2021 Opinion or Order Filing 79 REPORT AND RECOMMENDATION ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (Dkt. #50 ) by Magistrate Judge N. Reid Neureiter on 10 December 2021. In light of the foregoing, it is hereby RECOMMENDED that the Defendants' Motion for Summary Judgment (Dkt. #50) be GRANTED IN PART and DENIED IN PART as follows: As to Ms. Grayden's claims for fraudulent concealment, civil theft, and unilateral mistake, Defendants' Motion for Summary Judgement should be DENIED; As to Ms. Grayden's claim for unjust enrichment, Defendants' Motion for Summary Judgement should be GRANTED. (cmadr, )
December 8, 2021 Opinion or Order Filing 78 REPLY to Response to #74 MOTION to Strike Errata Sheet filed by Plaintiff Kimberly S. Pitman. (Crisham, John)
December 2, 2021 Opinion or Order Filing 77 Minute ORDER by Magistrate Judge N. Reid Neureiter on 2 December 2021. Accordingly, it is hereby ORDERED that Plaintiff's Motion for Leave to FileSupplemental Brief in Opposition to Defendants' Motion for Summary Judgment (Dkt. #71 ) is DENIED.(cmadr, )
December 1, 2021 Opinion or Order Filing 76 RESPONSE to #74 MOTION to Strike Errata Sheet filed by Defendants Jason L. Eddington, Spring Creek Energy Partners, LLC. (Culhane, Daniel)
November 23, 2021 Opinion or Order Filing 75 MEMORANDUM regarding #74 MOTION to Strike Errata Sheet filed by Kimberly S. Pitman. Motion referred to Magistrate Judge N. Reid Neureiter. By Judge Raymond P. Moore on 11/23/2021. (Text Only Entry) (rmsec )
November 23, 2021 Opinion or Order Filing 74 MOTION to Strike Errata Sheet by Plaintiff Kimberly S. Pitman. (Attachments: #1 Exhibit A in support of motion to strike errata sheet)(Crisham, John)
November 19, 2021 Opinion or Order Filing 73 RESPONSE to #71 MOTION for Leave to File Supplemental #53 Brief in Opposition to Motion, filed by Defendants Jason L. Eddington, Spring Creek Energy Partners, LLC. (Culhane, Daniel)
November 8, 2021 Opinion or Order Filing 72 MEMORANDUM regarding #71 MOTION for Leave to File Supplemental #53 Brief in Opposition to Motion, filed by Kimberly S. Pitman. Motion referred to Magistrate Judge N. Reid Neureiter. By Judge Raymond P. Moore on 11/8/2021. (Text Only Entry) (rmsec)
November 5, 2021 Opinion or Order Filing 71 MOTION for Leave to File Supplemental #53 Brief in Opposition to Motion, by Plaintiff Kimberly S. Pitman. (Attachments: #1 Exhibit Ex. A - Proposed Supplemental Brief, #2 Tab A - Spring Creek Rule 30(b)(6) Dep Transcript)(Crisham, John)
November 4, 2021 Opinion or Order Filing 70 Minute ORDER by Magistrate Judge N. Reid Neureiter on 4 November 2021. Finding good cause, it is hereby ORDERED that Plaintiff's Unopposed Motion to Amend the Caption (Dkt. #68 ) is GRANTED. The parties shall use the caption "KimberlyS. Grayden v. Spring Creek Energy Partners, LLC, a Colorado limited liability company and Jason L. Eddington, an individual" for all future filings in this matter. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
November 3, 2021 Opinion or Order Filing 69 MEMORANDUM regarding #68 Unopposed MOTION to Amend/Correct/Modify the Caption filed by Kimberly S. Pitman. Motion referred to Magistrate Judge N. Reid Neureiter. By Judge Raymond P. Moore on 11/3/2021. (Text Only Entry) (rmsec )
November 3, 2021 Opinion or Order Filing 68 Unopposed MOTION to Amend/Correct/Modify the Caption by Plaintiff Kimberly S. Pitman. (Attachments: #1 Exhibit A)(Crisham, John)
October 10, 2021 Opinion or Order Filing 67 TRANSCRIPT of Telephonic Motion Hearing held on September 23, 2021 before Magistrate Judge Neureiter. Pages: 1-49. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Patterson Transcription Company, )
September 23, 2021 Opinion or Order Filing 66 COURTROOM MINUTES for Motion Hearing held before Magistrate Judge N. Reid Neureiter on 9/23/2021. Defendants' Motion for Stay of Discovery Pending Ruling on Defendants' Motion for Summary Judgment (Dkt. #57 ) is DENIED. Defendants' Motion for Summary Judgment (Dkt. #50 ) is TAKEN UNDER ADVISEMENT. The Court will issue a written recommendation. FTR: Courtroom C203. (rvill, )
September 22, 2021 Opinion or Order Filing 65 BRIEF in Opposition to #57 MOTION for Discovery Motion to Stay Discovery Pending Resolution of Motion for Summary Judgment filed by Plaintiff Kimberly S. Pitman. (Crisham, John)
September 21, 2021 Opinion or Order Filing 64 Minute ORDER by Magistrate Judge N. Reid Neureiter on 21 September 2021. At the request of the parties and finding good cause, it is hereby ORDERED thatthe telephonic Motion Hearing set on September 23, 2021 at 2:00 p.m. is VACATEDand RESET on September 23, 2021 at 1:30 p.m. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
September 16, 2021 Opinion or Order Filing 63 COURTROOM MINUTES for Discovery Hearing before Magistrate Judge N. Reid Neureiter held on 9/16/2021. For the reasons set forth on the record, it is ORDERED: The noticed 30(b)(6) deposition shall take place before the close of discovery and shall happen in person, as it was previously agreed by the parties that the deposition would be in person; ORDERED: The Covid 19 objections were not raised until this most recent issue. Had there been Covid 19 objections from the beginning, the Court would have given more weight to the objection. The objection to an in-person deposition is OVERRULED; and ORDERED: Defendant shall either travel to Colorado for the deposition or Defendant shall pay for Plaintiffs counsel to travel to California to take the Deposition. It is Defendants choice. The Parties shall cooperate on selecting a date for the deposition prior the close of discovery. If a date cannot be mutually agreed upon, the Parties shall contact Chambers of the Magistrate Judge for a follow up discovery dispute hearing, where the Court will pick the date. FTR: Courtroom C203. (Attachments: #1 Joint Statement Re: Discovery Dispute) (rvill, )
September 14, 2021 Opinion or Order Filing 62 STATEMENT re #50 MOTION for Summary Judgment (Moving Party's RSUMF) by Defendants Jason L. Eddington, Spring Creek Energy Partners, LLC. (Attachments: #1 Reply Declaration of Jason Eddington, #2 Exhibit Supporting Documents Referenced in Eddington Reply Declaration)(Culhane, Daniel)
September 14, 2021 Opinion or Order Filing 61 REPLY to Response to #50 MOTION for Summary Judgment filed by Defendants Jason L. Eddington, Spring Creek Energy Partners, LLC. (Culhane, Daniel)
September 13, 2021 Opinion or Order Filing 60 Minute ORDER by Magistrate Judge N. Reid Neureiter on 13 September 2021. At the request of the parties, it is hereby ORDERED that a Telephonic Discovery Hearing is set on September 16, 2021 at 9:30 a.m. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
September 10, 2021 Opinion or Order Filing 59 Joint STATUS REPORT by Plaintiff Kimberly S. Pitman. (Crisham, John)
September 7, 2021 Opinion or Order Filing 58 MEMORANDUM regarding #57 MOTION for Discovery Motion to Stay Discovery Pending Resolution of Motion for Summary Judgment filed by Jason L. Eddington, Spring Creek Energy Partners, LLC. Motion referred to Magistrate Judge N. Reid Neureiter. By Judge Raymond P. Moore on 9/7/2021. (Text Only Entry) (rmsec )
September 3, 2021 Opinion or Order Filing 57 MOTION for Discovery Motion to Stay Discovery Pending Resolution of Motion for Summary Judgment by Defendants Jason L. Eddington, Spring Creek Energy Partners, LLC. (Hayes, Christopher)
September 2, 2021 Opinion or Order Filing 56 Minute ORDER by Magistrate Judge N. Reid Neureiter on 2 September 2021. It is hereby ORDERED that a telephonic Motion Hearing is set on September 23,2021, at 2:00 p.m. The parties shall be prepared to argue their respective positions concerning Defendants' Motion for Summary Judgment (Dkt. #50 ).The parties are directed to call the conference line as a participant at (888) 398- 2342, Access Code 5755390# at the scheduled time. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
September 1, 2021 Opinion or Order Filing 55 MEMORANDUM regarding #50 MOTION for Summary Judgment filed by Jason L. Eddington, Spring Creek Energy Partners, LLC. Motion referred to Magistrate Judge N. Reid Neureiter. By Judge Raymond P. Moore on 9/1/2021. (Text Only Entry) (rmsec )
August 31, 2021 Opinion or Order Filing 54 STATEMENT re #51 Statement, #52 Notice (Other), Opposing Party's Response and Additional Facts and Supporting Evidence by Plaintiff Kimberly S. Pitman. (Attachments: #1 Exhibit A - Pitman Declaration, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-4, #6 Exhibit A-5, #7 Exhibit A-6, #8 Exhibit A-7, #9 Exhibit A-8, #10 Exhibit A-9, #11 Exhibit A-10, #12 Exhibit A-11)(Crisham, John)
August 31, 2021 Opinion or Order Filing 53 BRIEF in Opposition to #50 MOTION for Summary Judgment filed by Plaintiff Kimberly S. Pitman. (Attachments: #1 Exhibit A - Holman Declaration, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3, #5 Exhibit A-4, #6 Exhibit A-5, #7 Exhibit A-6, #8 Exhibit A-7, #9 Exhibit A-8, #10 Exhibit A-9, #11 Exhibit A-10, #12 Exhibit A-11)(Crisham, John)
August 12, 2021 Opinion or Order Filing 52 NOTICE re #50 MOTION for Summary Judgment , #51 Statement, Correcting Erroneous Exhibit by Defendants Jason L. Eddington, Spring Creek Energy Partners, LLC (Attachments: #1 Exhibit D to Motion for Summary Judgment - Corrected Assignment of ORRIs, #2 Corrected Moving Party Statement of Undisputed Material Facts, #3 Exhibit 1 to Declaration of Jason Eddington - SCEP Documents (Corrected))(Culhane, Daniel)
August 10, 2021 Opinion or Order Filing 51 STATEMENT re #50 MOTION for Summary Judgment of Undisputed Material Facts by Defendants Jason L. Eddington, Spring Creek Energy Partners, LLC. (Attachments: #1 Exhibit A to MSUMF - Excerpts from Plaintiff Discovery Responses, #2 Exhibit B to MSUMF - Declaration of Jason Eddington, #3 Exhibit 1 to Declaration of Jason Eddington - SCEP Documents)(Culhane, Daniel)
August 10, 2021 Opinion or Order Filing 50 MOTION for Summary Judgment by Defendants Jason L. Eddington, Spring Creek Energy Partners, LLC. (Attachments: #1 Exhibit A to Motion for Summary Judgment - Purchase and Sale Agreement 3/19/20, #2 Exhibit B to Motion for Summary Judgment - Assignment of ORRI 3/13/20, #3 Exhibit C to Motion for Summary Judgment - Email Chain 5/21/20, #4 Exhibit D to Motion for Summary Judgment - Corrected Assignment of ORRIs 5/26/20)(Culhane, Daniel)
July 21, 2021 Opinion or Order Filing 49 STIPULATED PROTECTIVE ORDER by Magistrate Judge N. Reid Neureiter on 21 July 2021. (cmadr, )
July 21, 2021 Opinion or Order Filing 48 Minute ORDER by Magistrate Judge N. Reid Neureiter on 21 July 2021. Finding good cause, it is hereby ORDERED that the parties Joint Motion for Entry of Protective Order (Dkt. #46 ) is GRANTED. The proposed Stipulated Protective Order (Dkt. #46-1) is APPROVED with the changes at paragraph 8, and made an order of this Court. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
July 19, 2021 Opinion or Order Filing 47 MEMORANDUM regarding #46 Joint MOTION for Protective Order filed by Kimberly S. Pitman. Motion referred to Magistrate Judge N. Reid Neureiter. By Judge Raymond P. Moore on 7/19/2021. (Text Only Entry) (rmsec )
July 19, 2021 Opinion or Order Filing 46 Joint MOTION for Protective Order by Plaintiff Kimberly S. Pitman. (Attachments: #1 Exhibit 1 to Joint Motion for Entry of Protective Order (Stip Protective Order))(Holman, David)
July 15, 2021 Opinion or Order Filing 45 ORDER In light of the Motion to Withdraw Dkt. #42 and Order Dkt. #44 Defendants Motion for Contempt Dkt. #37 is deemed WITHDRAWN, by Magistrate Judge N. Reid Neureiter on 7/15/2021. Text Only Entry(slibi, )
July 9, 2021 Opinion or Order Filing 44 Minute ORDER by Magistrate Judge N. Reid Neureiter on 9 July 2021. Finding good cause, it is hereby ORDERED that Defendants' Withdrawal of Motion for Contempt Against Third Parties Vonage Business Inc., Vonage America Inc., and Vonage America LLC and Request to Vacate Hearing (Dkt. #42 ) is GRANTED. It is further ORDERED that the Order to Show Cause Why Vonage Business Inc., Vonage America Inc., and Vonage America LLC Should Not be Held in Contempt (Dkt. #40 ) is DISCHARGED. It is further ORDERED that the Show Cause Hearing set for Wednesday, July 14, 2021 at 2:00 p.m. is VACATED. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
July 9, 2021 Opinion or Order Filing 43 MEMORANDUM regarding #42 MOTION to Withdraw Document re #37 MOTION for Contempt for Failure to Respond to Subpoenas or, in the Alternative, to Compel Compliance with Subpoenas, Against Third Parties Vonage Business Inc, Vonage America Inc and Vonage America LLC < filed by Jason L. Eddington, Spring Creek Energy Partners, LLC. Motion referred to Magistrate Judge N. Reid Neureiter. By Judge Raymond P. Moore on 7/9/2021. (Text Only Entry) (rmsec )
July 9, 2021 Opinion or Order Filing 42 MOTION to Withdraw Document re #37 MOTION for Contempt for Failure to Respond to Subpoenas or, in the Alternative, to Compel Compliance with Subpoenas, Against Third Parties Vonage Business Inc, Vonage America Inc and Vonage America LLC and Request to Vacate Show Cause Hearing Set for July 14, 2021 per Order to Show Cause (Doc 40) by Defendants Jason L. Eddington, Spring Creek Energy Partners, LLC. (Culhane, Daniel)
July 2, 2021 Opinion or Order Filing 41 AFFIDAVIT/RETURN of Service of Show Cause Order upon Vonage Business INc., Vonage America Inc, Vonage America LLC, through their registered agent on 07/02/2021, filed by Defendants Jason L. Eddington, Spring Creek Energy Partners, LLC (Culhane, Daniel)
June 28, 2021 Opinion or Order Filing 40 DISCHARGEDORDER TO SHOW CAUSE WHY VONAGE BUSINESS INC., VONAGE AMERICA INC., AND VONAGE AMERICA LLC SHOULD NOT BE HELD IN CONTEMPT by Magistrate Judge N. Reid Neureiter on 28 June 2021. Accordingly, it is hereby ORDERED that a telephonic Show Cause Hearing is set for Wednesday, July 14, 2021 at 2:00 p.m., at which Vonage Business Inc., Vonage America Inc., and Vonage America LLC shall appear and show cause why they should not be held in contempt for failure to obey the subpoenas under Fed. R. Civ. P. 45(g). The parties and Vonage Business Inc., Vonage America Inc., and Vonage America LLC are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. It is FURTHER ORDERED that Defendants shall immediately serve Vonage Business Inc., Vonage America Inc., and Vonage America LLC with a copy of this Order. (cmadr, ) Modified pursuant to ECF #44 on 7/9/2021 (cmadr, ).
June 24, 2021 Opinion or Order Filing 39 AFFIDAVIT re #37 MOTION for Contempt for Failure to Respond to Subpoenas or, in the Alternative, to Compel Compliance with Subpoenas, Against Third Parties Vonage Business Inc, Vonage America Inc and Vonage America LLC Affidavit of Service of Motion on Registered Agent of Vonage Entities by Defendants Jason L. Eddington, Spring Creek Energy Partners, LLC. (Culhane, Daniel)
June 24, 2021 Opinion or Order Filing 38 MEMORANDUM regarding #37 MOTION for Contempt for Failure to Respond to Subpoenas or, in the Alternative, to Compel Compliance with Subpoenas, Against Third Parties Vonage Business Inc, Vonage America Inc and Vonage America LLC filed by Jason L. Eddington, Spring Creek Energy Partners, LLC. Motion referred to Magistrate Judge N. Reid Neureiter. By Judge Raymond P. Moore on 6/24/2021. (Text Only Entry) (rmsec )
June 23, 2021 Opinion or Order Filing 37 MOTION for Contempt for Failure to Respond to Subpoenas or, in the Alternative, to Compel Compliance with Subpoenas, Against Third Parties Vonage Business Inc, Vonage America Inc and Vonage America LLC by Defendants Jason L. Eddington, Spring Creek Energy Partners, LLC. (Attachments: #1 Exhibit A: Subpoenas, #2 Exhibit B: Notices of Subpoenas, #3 Exhibit C: Affidavits of Service, #4 Exhibit D: Colorado Secretary of State Records)(Culhane, Daniel)
May 25, 2021 Opinion or Order Filing 36 AFFIDAVIT/RETURN of Service of Notice of Subpoena Duces Tecum, Subpoena to Produce Documents, Information or Objects or to Permit Inspection of Premises in Civil Action, and Attachment A to Subpoena to Produce upon Jeffrey Schurman on May 13, 2021, filed by Plaintiff Kimberly S. Pitman (Holman, David)
May 25, 2021 Opinion or Order Filing 35 AFFIDAVIT/RETURN of Service of Notice of Subpoena Duces Tecum, Subpoena to Produce Documents, Information or Objects or to Permit Inspection of Premises in Civil Action, and Attachment A to Subpoena to Produce upon Rocky Mountain Royalty Advisors, LLC on May 18, 2021, filed by Plaintiff Kimberly S. Pitman (Holman, David)
April 23, 2021 Opinion or Order Filing 34 Answer to Second Amended Complaint ANSWER to #14 Amended Complaint, by Jason L. Eddington, Spring Creek Energy Partners, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Hayes, Christopher)
April 19, 2021 Opinion or Order Filing 33 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #32 Notice of Entry of Appearance, filed by attorney Daniel James Culhane. The document was scanned and not converted directly to portable document format (PDF) and Counsel has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 1.3(f) of the Electronic Case Filing Procedures, and Counsel must affix an electronic s/ signature and s/ followed by a typed, not an inked, signature to all future documents. (Civil cases). (Text Only Entry) (rvill, )
April 15, 2021 Opinion or Order Filing 32 NOTICE of Entry of Appearance by Daniel James Culhane on behalf of Jason L. Eddington, Spring Creek Energy Partners, LLCAttorney Daniel James Culhane added to party Jason L. Eddington(pty:dft), Attorney Daniel James Culhane added to party Spring Creek Energy Partners, LLC(pty:dft) (Culhane, Daniel)
March 31, 2021 Opinion or Order Filing 31 AMENDED COMPLAINT Second Amended Complaint against All Plaintiffs, filed by Kimberly S. Pitman.(Crisham, John)
March 31, 2021 Opinion or Order Filing 30 SCHEDULING ORDER by Magistrate Judge N. Reid Neureiter on 3/31/2021. (slibi, )
March 31, 2021 Opinion or Order Filing 29 COURTROOM MINUTES for proceedings held before Magistrate Judge N. Reid Neureiter: Telephonic Scheduling Conference held on 3/31/2021. ORDER denying as moot #16 Defendants Spring Creek Energy Partners LLCs and Jason L. Eddingtons Motion to Dismiss Plaintiffs First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6). ORDER granting #21 Plaintiffs Motion for Leave to File Second Amended Complaint. Discovery due by 11/5/2021. Dispositive Motions due by 12/3/2021. Joint Status Report due by 9/10/2021. Final Pretrial Conference set for 2/2/2022 09:30 AM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. FTR: Courtroom C203. (slibi, ) (Main Document 29 replaced on 3/31/2021) (slibi, ).
March 24, 2021 Opinion or Order Filing 28 Proposed Scheduling Order by Plaintiff Kimberly S. Pitman. (Crisham, John)
March 18, 2021 Opinion or Order Filing 27 MEMORANDUM regarding #16 First MOTION to Dismiss for Failure to State a Claim on Which Relief Can Be Granted filed by Jason L. Eddington, Spring Creek Energy Partners, LLC, #21 MOTION for Leave to File Second Amended Complaint #14 Amended Complaint, #1 Complaint, filed by Kimberly S. Pitman. Motion referred to Magistrate Judge N. Reid Neureiter. SO ORDERED by Judge Raymond P. Moore on 3/18/2021. (Text Only Entry) (rmsec )
March 18, 2021 Opinion or Order Filing 26 MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 3/18/2021. (Text Only Entry) (rmsec )
March 18, 2021 Opinion or Order Filing 25 ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Raymond P. Moore on 3/18/2021. (Text Only Entry) (rmsec )
March 17, 2021 Opinion or Order Filing 24 CASE REASSIGNED pursuant to #23 . All parties do not consent. This case is randomly reassigned to Judge Raymond P. Moore. All future pleadings should be designated as 21-cv-00106-RM. (Text Only Entry) (cmadr, )
March 17, 2021 Opinion or Order Filing 23 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Kimberly S. Pitman All parties do not consent.. (Crisham, John)
March 10, 2021 Opinion or Order Filing 22 RESPONSE to #16 First MOTION to Dismiss for Failure to State a Claim on Which Relief Can Be Granted filed by Plaintiff Kimberly S. Pitman. (Crisham, John)
March 10, 2021 Opinion or Order Filing 21 MOTION for Leave to File Second Amended Complaint #14 Amended Complaint, #1 Complaint, by Plaintiff Kimberly S. Pitman. (Attachments: #1 Exhibit A - Proposed Second Amended Complaint)(Crisham, John)
March 2, 2021 Opinion or Order Filing 20 Minute ORDER by Magistrate Judge N. Reid Neureiter on 2 March 2021. Finding good cause shown, it is HEREBY ORDERED that the Unopposed Motion for Extension of Time to Respond to Defendants' Motion to Dismiss, Dkt. #19 , is GRANTED.The deadline for Plaintiff to respond to Defendants' Motion to Dismiss is extended to March 10, 2020. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
March 2, 2021 Opinion or Order Filing 19 Unopposed MOTION for Extension of Time to File Response/Reply as to #16 First MOTION to Dismiss for Failure to State a Claim on Which Relief Can Be Granted by Plaintiff Kimberly S. Pitman. (Holman, David)
March 1, 2021 Opinion or Order Filing 18 NOTICE of Entry of Appearance by David Christopher Holman on behalf of Kimberly S. PitmanAttorney David Christopher Holman added to party Kimberly S. Pitman(pty:pla) (Holman, David)
March 1, 2021 Opinion or Order Filing 17 NOTICE of Entry of Appearance by John K. Crisham on behalf of All Plaintiffs Attorney John K. Crisham added to party Kimberly S. Pitman(pty:pla) (Crisham, John)
February 10, 2021 Opinion or Order Filing 16 First MOTION to Dismiss for Failure to State a Claim on Which Relief Can Be Granted by Defendants Jason L. Eddington, Spring Creek Energy Partners, LLC. (Hayes, Christopher)
February 5, 2021 Opinion or Order Filing 15 ORDER SETTING SCHEDULING/PLANNING CONFERENCE AND SETTING DEADLINE FOR FILING OF CONSENT/NON-CONSENT FORM by Magistrate Judge N. Reid Neureiter on 5 February 2021.Consent Form due by 3/17/2021. Proposed Scheduling Order due 3/24/2021. Scheduling Conference set for 3/31/2021 10:00 AM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. The Scheduling Conference will be conducted via telephone. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. (cmadr, )
February 2, 2021 Opinion or Order Filing 14 AMENDED COMPLAINT First Amended Complaint against Jason L. Eddington, Spring Creek Energy Partners, LLC, filed by Kimberly S. Pitman. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Book, Lorne)
February 2, 2021 Opinion or Order Filing 13 NOTICE of Filing Amended Pleading First Amended Complaint by Plaintiff Kimberly S. Pitman (Attachments: #1 Exhibit Redlined Original Complaint)(Book, Lorne)
February 2, 2021 Opinion or Order Filing 12 NOTICE of Voluntary Dismissal of Party RAISA III MINERALS, LLC by Plaintiff Kimberly S. Pitman (Book, Lorne)
January 22, 2021 Opinion or Order Filing 11 SUMMONS Returned Executed by Kimberly S. Pitman. Spring Creek Energy Partners, LLC served on 1/20/2021, answer due 2/10/2021. (Book, Lorne)
January 22, 2021 Opinion or Order Filing 10 SUMMONS Returned Executed by Kimberly S. Pitman. Raisa III Minerals, LLC served on 1/19/2021, answer due 2/9/2021. (Book, Lorne)
January 22, 2021 Opinion or Order Filing 9 SUMMONS Returned Executed by Kimberly S. Pitman. Jason L. Eddington served on 1/20/2021, answer due 2/10/2021. (Book, Lorne)
January 14, 2021 Opinion or Order Filing 8 ORDER TO SHOW CAUSE by Magistrate Judge N. Reid Neureiter on 14 January 2021. It is ORDERED that Plaintiff shall show cause in writing on or before February 4, 2021 why the case should not be dismissed for lack of subject matter jurisdiction. If a response is not timely filed, the Court will enter an appropriate order. (cmadr, )
January 14, 2021 Opinion or Order Filing 7 SUMMONSES issued by Clerk. (cmadr, )
January 14, 2021 Opinion or Order Filing 6 SUMMONS REQUEST as to SPRING CREEK ENERGY PARTNERS, LLC by Plaintiff Kimberly S. Pitman. (Book, Lorne)
January 14, 2021 Opinion or Order Filing 5 SUMMONS REQUEST as to RAISA III MINERALS, LLC by Plaintiff Kimberly S. Pitman. (Book, Lorne)
January 14, 2021 Opinion or Order Filing 4 SUMMONS REQUEST as to JASON L. EDDINGTON by Plaintiff Kimberly S. Pitman. (Book, Lorne)
January 14, 2021 Opinion or Order Filing 3 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. NO SUMMONS ISSUED. (jsalz, )
January 14, 2021 Opinion or Order Filing 2 Case assigned to Magistrate Judge N. Reid Neureiter. Text Only Entry. (jsalz, )
January 14, 2021 Opinion or Order Filing 1 COMPLAINT against All Defendants (Filing fee $ 402,Receipt Number 1082-7671009)Attorney Lorne Clark Book added to party KIMBERLY S. PITMAN(pty:pla), filed by KIMBERLY S. PITMAN. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Civil Cover Sheet)(Book, Lorne)

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Defendant: Spring Creek Energy Partners, LLC
Represented By: Christopher George Hayes
Represented By: Daniel James Culhane
Represented By: Joel S. Neckers
Represented By: Thomas Austin Olsen
Represented By: Gabrielle Lauren Schneiderman
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Defendant: Jason L. Eddington
Represented By: Christopher George Hayes
Represented By: Daniel James Culhane
Represented By: Joel S. Neckers
Represented By: Thomas Austin Olsen
Represented By: Gabrielle Lauren Schneiderman
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Defendant: Raisa III Minerals, LLC
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Plaintiff: Kimberly S. Pitman
Represented By: Lorne Clark Book
Represented By: John K. Crisham
Represented By: David Christopher Holman
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Plaintiff: Kimberly S. Grayden
Represented By: David Christopher Holman
Represented By: John K. Crisham
Represented By: Lorne Clark Book
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