In re: Venoco, LLC et al.
Appellant: California State Lands Commission and State of California
Appellee: Eugene Davis
Debtor: Venoco, LLC et al.
Case Number: 1:2019cv00463
Filed: March 6, 2019
Court: US District Court for the District of Delaware
Presiding Judge: Colm F Connolly
Nature of Suit: Bankruptcy Appeal (801)
Cause of Action: 28:0158
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 15, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 1, 2019 Opinion or Order Filing 34 ORDER Setting Mediation Conference: A Telephone Conference is set for 5/6/2019 at 12:00 PM before Judge Christopher J. Burke. Counsel for Appellant shall initiate the call. Ordered by Judge Christopher J. Burke on 5/1/2019. (dlb)
March 18, 2019 Opinion or Order Filing 33 ORDER Setting Mediation Conference: A Mediation Conference is set for 4/29/2019 at 10:00 AM in Courtroom 2A before Judge Christopher J. Burke. Signed by Judge Christopher J. Burke on 3/18/2019. (dlb)
March 6, 2019 Filing 32 NOTICE of Docketing Bankruptcy Appeal. (nmg)
March 6, 2019 Opinion or Order Filing 31 ORDER Setting Mediation Conference: A Telephone Conference is set for 3/12/2019 at 09:30 AM before Judge Christopher J. Burke to discuss ADR. Signed by Judge Christopher J. Burke on 3/6/2019. (dlb)
March 6, 2019 CASE REFERRED - Bankruptcy Mediation. This matter is referred to Magistrate Judge Christopher J. Burke. Associated Cases: 1:19-mc-00007-CFC, 1:19-mc-00011-CFC(cak)
February 27, 2019 Opinion or Order Filing 30 ORDER granting (17) Motion to Consolidate Cases in case 1:19-mc-00007-CFC; granting (13) Motion to Consolidate Cases in case 1:19-mc-00011-CFC. ALL FUTURE FILINGS SHALL BE MADE IN LEAD CASE NO. 19-MC-7-CFC ONLY. Signed by Judge Colm F. Connolly on 2/26/2019. Associated Cases: 1:19-mc-00007-CFC, 1:19-mc-00011-CFC(nmf)
February 27, 2019 Pro Hac Vice Attorneys Robert G. Burns,Mark E. Dendinger,Jason B. Hutt,Ryan Eletto, and Brittany M. Pemberton for Eugene Davis added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:19-mc-00007-CFC, 1:19-mc-00011-CFC(ddp)
February 26, 2019 Opinion or Order ORAL ORDER REFERRING CASE to Mediation. Ordered by Judge Colm F. Connolly on 2/26/2019. Associated Cases: 1:19-mc-00007-CFC, 1:19-mc-00011-CFC(nmf)
February 26, 2019 Minute Entry for proceedings held before Judge Colm F. Connolly - Telephone Conference held on 2/26/2019. (Court Reporter V. Gunning.) Associated Cases: 1:19-mc-00007-CFC, 1:19-mc-00011-CFC(nmf)
February 25, 2019 Opinion or Order ORAL ORDER Re-Setting Teleconference: Counsel for appellants to initiate the call. Due to a conflict in the Court's trial schedule, the Telephone Conference originally scheduled for 2/26/2019 at 10:30 AM is rescheduled for 2/26/2019 at 12:00 PM before Judge Colm F. Connolly. Ordered by Judge Colm F. Connolly on 2/25/2019. Associated Cases: 1:19-mc-00007-CFC, 1:19-mc-00011-CFC(nmf)
February 19, 2019 Opinion or Order ORAL ORDER Setting Teleconference: Counsel for appellants to initiate the call.( A Telephone Conference is set for 2/26/2019 at 10:30 AM before Judge Colm F. Connolly). Ordered by Judge Colm F. Connolly on 2/19/2019. Associated Cases: 1:19-mc-00007-CFC, 1:19-mc-00011-CFC(nmf)
February 19, 2019 Opinion or Order Filing 29 ORDER granting in part (3) Motion for Leave to File in case 1:19-mc-00007-CFC; granting in part (2) Motion for Leave to File in case 1:19-mc-00011-CFC. 1. The Movants' request for leave to appeal immediately the Sovereign Immunity Ruling is GRANTED. 2. The Court reserves judgment with respect to Movants' request for leave to appeal the interlocutory Jurisdiction Ruling and Exhaustion Ruling. Signed by Judge Colm F. Connolly on 2/19/2019. Associated Cases: 1:19-mc-00007-CFC, 1:19-mc-00011-CFC(nmf)
February 19, 2019 Opinion or Order Filing 28 MEMORANDUM ORDER Signed by Judge Colm F. Connolly on 2/19/2019. Associated Cases: 1:19-mc-00007-CFC, 1:19-mc-00011-CFC(nmf)
February 8, 2019 Filing 27 Letter to The Honorable Colm F. Connolly from David M. Fournier regarding Motion of Appellants State of California and California State Lands Commission to Extend the Stay of the Underlying Adversary Proceeding Pending the Outcome of the Appellants' Appeal - re #25 Reply to Response to Motion, #8 MOTION to Stay [Motion of Appellants State of California and California State Lands Commission to Extend the Stay of the Underlying Adversary Proceeding Pending the Outcome of the Appellants' Appeal], #21 Objections,,. (Fournier, David)
February 8, 2019 Filing 26 CERTIFICATE OF SERVICE of Appellants' Reply in Support of Motion to Extend the Stay of the Underlying Adversary Proceeding Pending the Outcome of Appellants' Appeal by California State Lands Commission, State of California re #25 Reply to Response to Motion, (Listwak, Kenneth)
February 8, 2019 Filing 25 Joint REPLY to Response to Motion re #8 MOTION to Stay [Motion of Appellants State of California and California State Lands Commission to Extend the Stay of the Underlying Adversary Proceeding Pending the Outcome of the Appellants' Appeal] (Also related to Docket No. #21 ) filed by California State Lands Commission, State of California. (Fournier, David)
February 7, 2019 Filing 24 MOTION to Strike #19 Reply to Response to Motion, Trustees Motion to Strike Reply in Support of Motion to Allow Interlocutory Appeal or, in the Alternative, for Leave to File a Sur-Reply - filed by Eugene Davis. (Attachments: #1 Certificate of Compliance, #2 Local Rule 7.1.1 Certification, #3 Exhibit A (Proposed Order Striking Reply), #4 Exhibit B (Proposed Order Permitting Sur-reply))(Remming, Andrew)
February 6, 2019 Opinion or Order SO ORDERED, re #5 MOTION for Pro Hac Vice Appearance of Attorney Mitchell Elliot Rishe filed by State of California Signed by Judge Colm F. Connolly on 2/6/2019. (fms)
February 6, 2019 Filing 23 DESIGNATION OF RECORD on Appeal filed by Eugene Davis Appellee-Plaintiff Trustees Designation of Additional Items to be Included in the Record on Appeal (Attachments: #1 Exhibit A (Part 1 of 2), #2 Exhibit A (Part 2 of 2), #3 Exhibit B (Part 1 of 2), #4 Exhibit B (Part 2 of 2), #5 Exhibit C (Part 1 of 2), #6 Exhibit C (Part 2 of 2), #7 Exhibit D (Part 1 of 2), #8 Exhibit D (Part 2 of 2), #9 Exhibit E (Part 1 of 2), #10 Exhibit E (Part 2 of 2), #11 Exhibit F (Part 1 of 2), #12 Exhibit F (Part 2 of 2), #13 Exhibit G, #14 Exhibit H (Part 1 of 3), #15 Exhibit H (Part 2 of 3), #16 Exhibit H (Part 3 of 3), #17 Exhibit I through O, #18 Exhibit P through AA)(Talmo, Matthew)
February 5, 2019 Opinion or Order SO ORDERED, re (22 in 1:19-mc-00007-CFC, 18 in 1:19-mc-00011-CFC) MOTION for Pro Hac Vice Appearance of Attorney Kevin H. Brogan of Hill, Farrer & Burrill LLP filed by Eugene Davis. Signed by Judge Colm F. Connolly on 2/5/2019. Associated Cases: 1:19-mc-00007-CFC, 1:19-mc-00011-CFC(fms)
February 4, 2019 Filing 22 MOTION for Pro Hac Vice Appearance of Attorney Kevin H. Brogan of Hill, Farrer & Burrill LLP - filed by Eugene Davis, Eugene Davis. (Talmo, Matthew)
February 4, 2019 Filing 21 OBJECTIONS by Eugene Davis, Eugene Davis to (4 in 1:19-mc-00011-CFC) MOTION to Stay [Motion of Appellants State of California and California State Lands Commission to Extend the Stay of the Underlying Adversary Proceeding Pending the Outcome of the Appellants Appeal], (8 in 1:19-mc-00007-CFC) MOTION to Stay [Motion of Appellants State of California and California State Lands Commission to Extend the Stay of the Underlying Adversary Proceeding Pending the Outcome of the Appellants' Appeal] . (Attachments: #1 Certificate of Compliance)(Talmo, Matthew)
February 4, 2019 Filing 20 CERTIFICATE OF SERVICE of Appellants' Reply in Support of California State Lands Commission's and State of California's Joint Motion to Allow Interlocutory Appeal of the Order and Opinion Denying the Motion to Dismiss the Complaint by California State Lands Commission, State of California re #19 Reply to Response to Motion, (Listwak, Kenneth)
February 4, 2019 Filing 19 Joint REPLY to Response to Motion re #3 MOTION for Leave to File [Appellants' Reply in Support of California State Lands Commission's and State of California's Joint Motion to Allow Interlocutory Appeal of the Order and Opinion Denying the Motion to Dismiss the Complaint] (also related to Docket No. #9 ) filed by California State Lands Commission, State of California. (Fournier, David)
January 30, 2019 Opinion or Order SO ORDERED, re (11 in 1:19-mc-00011-CFC, 15 in 1:19-mc-00007-CFC) MOTION for Pro Hac Vice Appearance of Attorney Jason B. Hutt of Bracewell LLP filed by Eugene Davis, (14 in 1:19-mc-00007-CFC, 10 in 1:19-mc-00011-CFC) MOTION for Pro Hac Vice Appearance of Attorney Mark E. Dendinger of Bracewell LLP filed by Eugene Davis, (8 in 1:19-mc-00011-CFC, 12 in 1:19-mc-00007-CFC) MOTION for Pro Hac Vice Appearance of Attorney Ryan M. Eletto of Bracewell LLP filed by Eugene Davis, (13 in 1:19-mc-00007-CFC, 9 in 1:19-mc-00011-CFC) MOTION for Pro Hac Vice Appearance of Attorney Robert G. Burns of Bracewell LLP filed by Eugene Davis, (7 in 1:19-mc-00011-CFC, 11 in 1:19-mc-00007-CFC) MOTION for Pro Hac Vice Appearance of Attorney Brittany M. Pemberton of Bracewell LLP filed by Eugene Davis. Signed by Judge Colm F. Connolly on 1/30/2019. Associated Cases: 1:19-mc-00007-CFC, 1:19-mc-00011-CFC(fms)
January 29, 2019 Filing 18 CERTIFICATE OF SERVICE of Agreed Joint Motion of the State of California and California State Lands Commission to Consolidate Appeals by California State Lands Commission, State of California re #17 MOTION to Consolidate Cases // Agreed Joint Motion of the State of California and the California State Lands Commission to Consolidate Appeals (Listwak, Kenneth)
January 29, 2019 Filing 17 MOTION to Consolidate Cases // Agreed Joint Motion of the State of California and the California State Lands Commission to Consolidate Appeals - filed by California State Lands Commission, State of California. (Attachments: #1 Proposed Order, #2 Certificate of Compliance, #3 Local Rule 7.1.1 Certification)(Fournier, David)
January 28, 2019 Filing 16 CERTIFICATE OF SERVICE of Motion of Appellants State of California and California State Lands Commission to Extend the Stay of the Underlying Adversary Proceeding Pending the Outcome of Appellants' Appeal by California State Lands Commission re #8 MOTION to Stay [Motion of Appellants State of California and California State Lands Commission to Extend the Stay of the Underlying Adversary Proceeding Pending the Outcome of the Appellants' Appeal] (Listwak, Kenneth)
January 28, 2019 Filing 15 MOTION for Pro Hac Vice Appearance of Attorney Jason B. Hutt of Bracewell LLP - filed by Eugene Davis, Eugene Davis. (Talmo, Matthew)
January 28, 2019 Filing 14 MOTION for Pro Hac Vice Appearance of Attorney Mark E. Dendinger of Bracewell LLP - filed by Eugene Davis, Eugene Davis. (Talmo, Matthew)
January 28, 2019 Filing 13 MOTION for Pro Hac Vice Appearance of Attorney Robert G. Burns of Bracewell LLP - filed by Eugene Davis, Eugene Davis. (Talmo, Matthew)
January 28, 2019 Filing 12 MOTION for Pro Hac Vice Appearance of Attorney Ryan M. Eletto of Bracewell LLP - filed by Eugene Davis, Eugene Davis. (Talmo, Matthew)
January 28, 2019 Filing 11 MOTION for Pro Hac Vice Appearance of Attorney Brittany M. Pemberton of Bracewell LLP - filed by Eugene Davis, Eugene Davis. (Talmo, Matthew)
January 28, 2019 Filing 10 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Eugene Davis, Eugene Davis. (Talmo, Matthew)
January 28, 2019 Filing 9 OBJECTIONS by Eugene Davis to (2 in 1:19-mc-00011-CFC) MOTION for Leave to File Trustees Objection To California State Lands Commissions And State Of Californias Joint Motion To Allow Interlocutory Appeal Of The Order And Opinion Denying The Motions To Dismiss The Complaint. (Attachments: #1 Exhibit)(Talmo, Matthew)
January 28, 2019 Filing 8 MOTION to Stay [Motion of Appellants State of California and California State Lands Commission to Extend the Stay of the Underlying Adversary Proceeding Pending the Outcome of the Appellants' Appeal] - filed by California State Lands Commission, State of California. (Attachments: #1 Certificate of Compliance, #2 Local Rule 7.1.1 Certification)(Fournier, David)
January 28, 2019 Filing 7 NOTICE of Withdrawal of Pleading by State of California, California State Lands Commission re #6 MOTION to Stay [Motion of Appellants State of California and California State Lands Commission to Extend the Stay of the Underlying Adversary Proceeding Pending the Outcome of the Appellants' Appeal] (Fournier, David)
January 28, 2019 Filing 6 MOTION to Stay [Motion of Appellants State of California and California State Lands Commission to Extend the Stay of the Underlying Adversary Proceeding Pending the Outcome of the Appellants' Appeal] - filed by State of California, Venoco, LLC et al.. (Attachments: #1 Certificate of Compliance, #2 Local Rule 7.1.1 Certification)(Fournier, David)
January 25, 2019 Filing 5 MOTION for Pro Hac Vice Appearance of Attorney Mitchell Elliot Rishe - filed by State of California. (Black, Edward)
January 25, 2019 Filing 4 NOTICE of Appearance by Edward K. Black on behalf of State of California (Black, Edward)
January 16, 2019 Filing 3 JOINT MOTION for Leave to Allow Interlocutory Appeal of the Order and Opinion Denying the Motions to Dismiss the Complaint - filed by State of California, California State Lands Commission. (Attachments: #1 Bankruptcy Court Transmittal)(rwc)
January 9, 2019 Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb)
January 9, 2019 Filing 2 Local Counsel Letter sent to Mitchell Elliot Rishe. Notice of Compliance deadline set for 2/8/2019. (lak)
January 9, 2019 CORRECTING ENTRY: Replaced USBK Transmittal with Corrected version. State Land Commissions will be removed from this appeal along with Delaware local Counsel to be added to a separate, subsequent appeal. (rwc)
January 8, 2019 Remark: Case resubmitted for judicial assignment. (lak)
January 8, 2019 NO DESIGNATION OF RECORD FILED. THE DESIGNATED RECORD ON APPEAL IS AVAILABLE ELECTRONICALLY THROUGH PACER ON THE BANKRUPTCY COURT'S DOCKET.
January 8, 2019 Filing 1 On 1/7/2019 a Notice of Appeal was filed in the Bankruptcy Court as a matter of right. The time limit for transmitting the appeal to the District Court has not yet expired. (lak) (Additional attachment(s) added on 1/8/2019: #1 Opinion, #2 Order, #3 Bankruptcy Court Transmittal) (lak). (Attachment 3 replaced on 1/9/2019) (rwc).

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Appellant: California State Lands Commission
Represented By: Steven S. Rosenthal
Represented By: David M. Fournier
Represented By: Alicia M. Clough
Represented By: Donald A. Miller
Represented By: Marc S. Cohen
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Appellant: State of California
Represented By: David M. Fournier
Represented By: Edward K. Black
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Appellee: Eugene Davis
Represented By: Mark E. Dendinger
Represented By: Andrew R. Remming
Represented By: Brittany M. Pemberton
Represented By: Robert G. Burns
Represented By: Jason B. Hutt
Represented By: Ryan Eletto
Represented By: Robert J. Dehney
Represented By: Matthew Talmo
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Debtor: Venoco, LLC et al.
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