C & M Resources, LLC et al v. Extraction Oil & Gas, Inc.
| C & M Resources, LLC and Winter Oil, LLC |
| Extraction Oil & Gas, Inc. and Extraction Oil & Gas, LLC |
| 1:2024cv00037 |
| January 5, 2024 |
| US District Court for the District of Colorado |
| Michael E Hegarty |
| Nina Y Wang |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 27 REPLY to Response to #18 MOTION to Remand to State Court filed by Plaintiffs C & M Resources, LLC, Winter Oil, LLC. (Attachments: #1 Exhibit 14 - August 6, 2020 Proof of Claim Form submitted by Plaintiffs in in the Extraction Bankruptcy case, #2 Exhibit 15 - June 15, 2020, Defendants Suggestions of Bankruptcy filed in the State Court Case, #3 Exhibit 16 - Legislative History of Class Action Fairness Act, #4 Exhibit 17 - Extraction Objections to Plaintiffs Motion to File a Classwide Proof of Claim)(Burrows, Stacy) |
| Filing 26 NOTICE re #24 MOTION for Judgment on the Pleadings Notice of Errata Regarding Corrected Exhibit E by Defendant Extraction Oil & Gas, Inc. (Attachments: #1 Exhibit - Corrected Exhibit E to Defendant's Motion for Judgment on the Pleadings)(Arentsen, Matthew) |
| Filing 25 RESPONSE to #18 MOTION to Remand to State Court filed by Defendant Extraction Oil & Gas, Inc.. (Attachments: #1 Exhibit A - C&M I Order, #2 Exhibit B - C&M II Order, #3 Exhibit C - Original Complaint, #4 Exhibit D - First Amended Complaint, #5 Exhibit E - Second Amended Complaint, #6 Exhibit F - Third Amended Complaint, #7 Exhibit G - Plaintiffs' Initial Disclosures, #8 Exhibit H - Plaintiffs' First Set of Discovery Requests, #9 Exhibit I - Case Management Order, #10 Exhibit J - Email from S. Burrows dtd 12-11-2023, #11 Exhibit K - Notice of Removal, #12 Exhibit L - Defendant's Initial Disclosures)(Arentsen, Matthew) |
| Filing 24 MOTION for Judgment on the Pleadings by Defendant Extraction Oil & Gas, Inc.. (Attachments: #1 Exhibit A - C&M I Complaint, #2 Exhibit B - C&M I Order, #3 Exhibit C - C&M II Complaint, #4 Exhibit D - C&M II Order, #5 Exhibit E - C&M III State Court Complaint, #6 Exhibit F - State Court Case Management Order, #7 Exhibit G - Joint Motion for Stay, #8 Exhibit H - Order Granting Motion for Stay, #9 Exhibit I - Order Lifting Stay, #10 Exhibit J - Plaintiffs' First Set of Discovery Requests to Defendant, #11 Exhibit K - Notice of Removal, #12 Exhibit L - Boulter IV Order on MTD)(Arentsen, Matthew) |
Filing 23
ORDER granting #20 Plaintiffs' Unopposed Motion for good cause shown. The Court hereby vacates the February 8, 2024 Scheduling Conference and related deadlines set forth at ECF #7 . The Court stays discovery and scheduling deadlines pending the Court's ruling on Plaintiff's Motion to Remand at ECF #18 . If the Court denies that Motion, within five business days of the Court's ruling, the Parties shall jointly email Judge Hegarty's Chambers (hegarty_chambers@cod.uscourts.gov) to reset the Scheduling Conference. Entered by Magistrate Judge Michael E. Hegarty on 2/2/24. Text Only Entry (mehlc5)
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| Filing 22 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Civitas Resources, Inc. for Extraction Oil & Gas, Inc.. (Arentsen, Matthew) |
| Filing 21 MEMORANDUM regarding #20 Unopposed MOTION to Stay Discovery and Scheduling Deadlines Pending the Court's Ruling on Plaintiffs Motion to Remand and to Vacate Scheduling Conference filed by C & M Resources, LLC, Winter Oil, LLC. Motion referred to Magistrate Judge Michael E. Hegarty. By Judge Nina Y. Wang on 02/01/2024. Text Only Entry (nywlc2, ) |
| Filing 20 Unopposed MOTION to Stay Discovery and Scheduling Deadlines Pending the Court's Ruling on Plaintiffs Motion to Remand and to Vacate Scheduling Conference by Plaintiffs C & M Resources, LLC, Winter Oil, LLC. (Attachments: #1 Proposed Order (PDF Only) Proposed Order Granting Motion to Stay)(Burrows, Stacy) |
| Filing 19 STATEMENT Regarding State of Citizenship for Each Party by Plaintiffs C & M Resources, LLC, Winter Oil, LLC. (Attachments: #1 Exhibit 1 - C&M Resources Articles of Organization, #2 Exhibit 2 - C&M Resources Change of Address Form, #3 Exhibit 3 - Winter Oil LLC Articles of Organization)(Burrows, Stacy) |
| Filing 18 MOTION to Remand to State Court by Plaintiffs C & M Resources, LLC, Winter Oil, LLC. (Attachments: #1 Exhibit 1 - original state court class complaint, #2 Exhibit 2 - Affidavit of Service, #3 Exhibit 3 - March 14, 2020 State Court Order Staying Case, #4 Exhibit 4 - April 18, 2023 Joint Status Report, #5 Exhibit 5 - Second Amended Class Complaint, #6 Exhibit 6 - Extraction's Motion to Dismiss, #7 Exhibit 7 - Plaintiffs Response in Opposition to Extraction's Motion to Dismiss, #8 Exhibit 8 - Reply in Further Support of Motion to Dismiss, #9 Exhibit 9 - Denver District Court's Order re: Extraction's Motion to Dismiss, #10 Exhibit 10 - Third Amended Class Complaint, #11 Exhibit 11 - Order on Motion to Dismiss in 2017 Case, #12 Exhibit 12 - Joint Status Report, #13 Exhibit 13 - Initial Disclosures)(Burrows, Stacy) |
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Filing 17
MINUTE ORDER: On January 5, 2024, Defendant removed this case to federal court pursuant to 28 U.S.C. 1332(a). See [Doc. #1 ]. Under Rule 7.1 of the Federal Rules of Civil Procedure, "[i]n an action in which jurisdiction is based on diversity under 28 U.S.C. 1332(a), a party... must, unless the court orders otherwise, file a disclosure statement. The statement must name and identify the citizenship of every individual or entity whose citizenship is attributed to that party." Fed. R. Civ. P. 7.1(a)(2). This disclosure statement is to be filed "when the action is filed in... federal court," Fed. R. Civ. P. 7.1(a)(2)(A), or at the time of the party's "first appearance, pleading, petition, motion, response, or other request addressed to the court." Fed. R. Civ. P. 7.1(b)(1).Upon the Court's review of the docket, it does not appear that any Party has filed its Rule 7.1 disclosure statement. Accordingly, it is ORDERED that on or before 2/2/2024, all Parties shall file the required Rule 7.1 disclosure statement that identifies the state(s) of citizenship of each Party. The Parties are reminded that limited liability companies take the citizenship of all of their members. See Siloam Springs Hotel, LLC v. Century Sur. Co., 781 F.3d 1233, 1237-38 (10th Cir. 2015). By Judge Nina Y. Wang on 01/26/2024. Text Only Entry (nywlc2, )
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Filing 16
ORDER REFERRING CASE: This case is referred to Magistrate Judge Michael E. Hegarty for non-dispositive matters. 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, and (3) hear and determine pretrial matters, including discovery and other non-dispositive motions. Court-sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. 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. Alternatively, the Magistrate Judge, at his discretion, may convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. Counsel for the Parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Practice Standards, as well as the Practice Standards of the assigned Magistrate Judge. By Judge Nina Y. Wang on 01/26/2024. Text Only Entry (nywlc2, )
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| Filing 15 CASE REASSIGNED pursuant to #14 Minute Order. All parties do not consent. This case is randomly reassigned to Judge Nina Y. Wang and drawn to Magistrate Judge Michael E. Hegarty for all further proceedings. All future pleadings should be designated as 24-cv-00037-NYW. (Text Only Entry) (jtorr, ) |
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Filing 14
MINUTE ORDER: Pursuant to the consent form filed by the Parties declining consent under D.C.Colo.LCivR 40.1(c) [ECF #13 ], the Court directs the Clerk of the Court to reassign this case under D.C.Colo.LCivR 40.1(a). This Court may continue on the case to hear matters referred by the district judge under 28 U.S.C. 636(b), Fed. R. Civ. P. 72, and D.C.Colo.LCivR 72.1(c). Entered by Magistrate Judge Michael E. Hegarty on 1/25/2024. (jtorr, )
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| Filing 13 CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs C & M Resources, LLC, Winter Oil, LLC All parties do not consent.. (Burrows, Stacy) |
| Filing 12 NOTICE of Entry of Appearance by Justin L. Cohen on behalf of Extraction Oil & Gas, Inc.Attorney Justin L. Cohen added to party Extraction Oil & Gas, Inc.(pty:dft) (Cohen, Justin) |
| Filing 11 NOTICE re #1 Notice of Removal,,, State Court Docket by Defendant Extraction Oil & Gas, Inc. (Attachments: #1 State Court Docket, #2 State Court Order re Removal)(Cohen, Justin) |
| Filing 10 Defendant's ANSWER to #4 Amended Complaint Attorney Craig Maxwell Finger added to party Extraction Oil & Gas, Inc.(pty:dft) by Extraction Oil & Gas, Inc..(Finger, Craig) |
| Filing 9 NOTICE of Entry of Appearance by Stacy Ann Burrows on behalf of All Plaintiffs Attorney Stacy Ann Burrows added to party C & M Resources, LLC(pty:pla), Attorney Stacy Ann Burrows added to party Winter Oil, LLC(pty:pla) (Burrows, Stacy) |
| Filing 8 NOTICE of Entry of Appearance by George A. Barton on behalf of All Plaintiffs Attorney George A. Barton added to party C & M Resources, LLC(pty:pla), Attorney George A. Barton added to party Winter Oil, LLC(pty:pla) (Barton, George) |
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Filing 7
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 1/9/2024. Magistrate Judge Consent Form due 2/1/2024. Proposed Scheduling Order due 2/1/2024. Scheduling Conference set for 2/8/2024 at 11:00 a.m. in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (jtorr, )
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| Filing 6 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (efoga, ) |
| Filing 5 Case assigned to Magistrate Judge Michael E. Hegarty. Text Only Entry (efoga, ) |
| Filing 4 THIRD AMENDED CLASS ACTION COMPLAINT AND JURY DEMAND against Extraction Oil & Gas, Inc., filed by C & M Resources, LLC, Winter Oil, LLC.(efoga, ) |
| Filing 3 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (efoga, ) |
| Filing 2 Administrative Notice: Notice to filer of non-compliance with Notice of Removal case opening procedures. It is the responsibility of the attorney or pro se party removing the case to follow Local Rule D.C.COLO.LCivR 81.1, and 28 U.S.C. 1446(a). State court documents were not all submitted. See Appendix B Notice of Removal in the User Guide - Attorney Case Opening Procedures document. (Text Only Entry) (efoga, ) |
| Filing 1 NOTICE OF REMOVAL by Extraction Oil & Gas, Inc. from Denver County District Court, Case Number 2019CV34705. (Filing fee $ 405, Receipt Number ACODC-9474382), filed by Extraction Oil & Gas, Inc.. (Attachments: #1 Exhibit 1 to Notice of Removal, #2 Exhibit 2 to Notice of Removal, #3 Exhibit 3 to Notice of Removal, #4 Exhibit 4 to Notice of Removal, #5 State Court Third Amended Class Action Complaint and Jury Demand, #6 State Court Exhibit 1 to Third Amended Class Action Complaint and Jury Demand, #7 State Court Exhibit 2 to Third Amended Class Action Complaint and Jury Demand, #8 State Court Exhibit 3 to Third Amended Class Action Complaint and Jury Demand, #9 State Court Case Management Order, #10 State Court Docket, #11 Civil Cover Sheet)(Arentsen, Matthew) |
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