Bone v. XTO Energy, Inc.
| Cory Bone and Luis Carrillo |
| XTO Energy Inc. |
| 1:2021cv01460 |
| October 18, 2021 |
| US District Court for the District of Delaware |
| Colm F Connolly |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Both |
Docket Report
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This docket was last retrieved on August 23, 2023. A more recent docket listing may be available from PACER.
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Filing 69
MOTION for Pro Hac Vice Appearance of Attorney David B. Jordan of Littler Mendelson, P.C. - filed by XTO Energy Inc.. (Jauffret, Jennifer)
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Filing 68
MOTION for Pro Hac Vice Appearance of Attorney Felicity A. Fowler of McGinnis Lochridge - filed by XTO Energy Inc.. (Jauffret, Jennifer)
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Pro Hac Vice Attorneys David B. Jordan and Felicity A. Fowler for XTO Energy Inc. 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. (twk)
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SO ORDERED, re #68 MOTION for Pro Hac Vice Appearance of Attorney Felicity A. Fowler of McGinnis Lochridge, filed by XTO Energy Inc., #69 MOTION for Pro Hac Vice Appearance of Attorney David B. Jordan of Littler Mendelson, P.C., filed by XTO Energy Inc. Ordered by Judge Colm F. Connolly on 11/18/2021. (kmd)
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Filing 67
NOTICE of Appearance by Brian E. Farnan on behalf of Cory Bone, Luis Carrillo (Farnan, Brian)
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Filing 66
NOTICE of Appearance by Michael J. Farnan on behalf of Cory Bone, Luis Carrillo (Farnan, Michael)
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Filing 65
NOTICE of Appearance by Christine Dealy Haynes on behalf of XTO Energy Inc. (Haynes, Christine)
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Filing 64
NOTICE of Appearance by Jennifer C. Bebko Jauffret on behalf of XTO Energy Inc. (Jauffret, Jennifer)
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Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (nms)
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Filing 63
Local Counsel Letter sent. Notice of Compliance deadline set for 11/17/2021. (myr)
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Filing 62
Record of case transferred in from District of New Mexico; Case Number in Other District: 2:20-cv-00697. Copy of Docket Sheet and original file (myr).
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Filing 61
ORDER TRANSFERRING CASE TO THE DISTRICT OF DELAWARE by Chief District Judge William P. Johnson; GRANTING #59 ORDER on Motion to Transfer Case. (cmm) [Transferred from New Mexico on 10/18/2021.]
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Filing 60
BRIEFING AND RESPONSE TO COURT'S ORDER FOR BRIEFING re #58 Memorandum Opinion and Order, filed by XTO Energy, Inc.. (Lamont, Charlotte) [Transferred from New Mexico on 10/18/2021.]
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Filing 59
MOTION to Transfer Case by Cory Bone. (Attachments: #1 Proposed Order) (Dunlap, Andrew) [Transferred from New Mexico on 10/18/2021.]
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Filing 58
MEMORANDUM OPINION AND ORDER by Chief District Judge William P. Johnson GRANTING IN PART AND DEFERRING IN PART DEFENDANTS MOTION #28 TO DISMISS PURSUANT TO FED. R. CIV. P. 12(B)(2) AND FED. R. CIV. P. 12(B)(6) by Chief District Judge William P. Johnson. (cmm) [Transferred from New Mexico on 10/18/2021.]
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Filing 57
NOTICE by Cory Bone, Luis Carrillo of Filing Consent to Join (Attachments: #1 Exhibit Consent of Dustin Porter) (Alexander, William) [Transferred from New Mexico on 10/18/2021.]
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Filing 56
NOTICE of Change of Address by Felicity A Fowler (Fowler, Felicity) [Transferred from New Mexico on 10/18/2021.]
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Filing 55
RESPONSE in Support re #43 Opposed MOTION to Certify Class filed by Cory Bone. (Attachments: #1 Exhibit Exhibit 1 - attachment 2 RigUp, #2 Exhibit Exhibit 2 - attachment 2 RWDY, #3 Exhibit Exhibit 3 - Guidant order on MTC) (Dunlap, Andrew) [Transferred from New Mexico on 10/18/2021.]
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Filing 54
ORDER GRANTING #52 PLAINTIFFS' UNOPPOSED MOTION TO EXTEND DEADLINE TO FILE REPLY IN SUPPORT OF MOTION FOR CONDITIONAL CERTIFICATION AND COURT-AUTHORIZED NOTICE. Plaintiffs shall have until 8/9/2021 to file their Reply in support of their #43 Opposed Motion for Conditional Certification and Court-Authorized Notice. (nmh)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] [Transferred from New Mexico on 10/18/2021.]
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Filing 53
PLEASE TAKE NOTICE that this case has been reassigned to Chief United States District Judge William P. Johnson as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. United States Sr. District Judge Robert C. Brack no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (arp) [Transferred from New Mexico on 10/18/2021.]
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Filing 52
Unopposed MOTION for Extension of Time to File Response/Reply as to #43 Opposed MOTION to Certify Class by Cory Bone. (Attachments: #1 Proposed Order) (Dunlap, Andrew) [Transferred from New Mexico on 10/18/2021.]
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Filing 51
ORDER by Sr. District Judge Robert C. Brack granting #49 Motion for leave to exceed page limit. (bc) [Transferred from New Mexico on 10/18/2021.]
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Filing 50
RESPONSE in Opposition re #43 Opposed MOTION to Certify Class filed by XTO Energy, Inc.. (Attachments: #1 Appendix, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4) (Lamont, Charlotte) [Transferred from New Mexico on 10/18/2021.]
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Filing 49
Unopposed MOTION for Leave to Exceed Page Limit by XTO Energy, Inc.. (Lamont, Charlotte) [Transferred from New Mexico on 10/18/2021.]
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Filing 48
ORDER by Sr. District Judge Robert C. Brack granting #47 Motion to Extend; The Court will extend the Defendants Response deadline to July 19, 2021. (yc) [Transferred from New Mexico on 10/18/2021.]
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Filing 47
Unopposed MOTION to Extend (other) Time to File Response to Plaintiff's Unopposed Motion for Conditional Certification and Court-Authorized Notice by XTO Energy, Inc.. (Lamont, Charlotte) [Transferred from New Mexico on 10/18/2021.]
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Filing 46
ORDER by Sr. District Judge Robert C. Brack granting #44 - #45 ORDER on Motion to Extend (bc) [Transferred from New Mexico on 10/18/2021.]
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Filing 45
ERRATA re #44 Unopposed MOTION to Extend (other) Time to File Response to Plaintiff's Unopposed Motion for Conditional Certification and Court-Authorized Notice by Cory Bone (Dunlap, Andrew) [Transferred from New Mexico on 10/18/2021.]
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Filing 44
Unopposed MOTION to Extend (other) Time to File Response to Plaintiff's Unopposed Motion for Conditional Certification and Court-Authorized Notice by XTO Energy, Inc.. (Lamont, Charlotte) [Transferred from New Mexico on 10/18/2021.]
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Filing 43
Opposed MOTION to Certify Class by Cory Bone, Luis Carrillo. (Attachments: #1 Exhibit Bone Declaration, #2 Exhibit Lyons Declaration, #3 Exhibit Carter Declaration, #4 Exhibit Carrillo Declaration, #5 Exhibit Howell Declaration, #6 Exhibit Lunson Declaration, #7 Exhibit Pay Record 1, #8 Exhibit Pay Record 2, #9 Exhibit Pay Record 3, #10 Exhibit Notice and Consent Form, #11 Exhibit Proposed Order) (Alexander, William) [Transferred from New Mexico on 10/18/2021.]
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Filing 42
NOTICE by Cory Bone of Filing Notice of Consent (Attachments: #1 Exhibit Consent Form) (Josephson, Michael) [Transferred from New Mexico on 10/18/2021.]
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Filing 41
NOTICE by Cory Bone Of Filing Consent to Join (Attachments: #1 Exhibit Charles Carter Consent) (Alexander, William) [Transferred from New Mexico on 10/18/2021.]
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Filing 40
NOTICE by Cory Bone Of Filing Consent to Join (Attachments: #1 Exhibit Timothy Lunson Consent) (Alexander, William) [Transferred from New Mexico on 10/18/2021.]
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Filing 39
NOTICE by Cory Bone Of Filing Consent to Join (Attachments: #1 Exhibit Benjamin Fontenot Consent) (Alexander, William) [Transferred from New Mexico on 10/18/2021.]
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Filing 38
NOTICE by Cory Bone of Filing Notice of Consent (Attachments: #1 Exhibit Consent Form) (Josephson, Michael) [Transferred from New Mexico on 10/18/2021.]
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Filing 37
NOTICE by Cory Bone Of Filing Consents to Join (Attachments: #1 Exhibit Ezequiel Gonzalez Consent, #2 Exhibit Javier Gonzalez Consent) (Alexander, William) [Transferred from New Mexico on 10/18/2021.]
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Filing 36
NOTICE by Cory Bone Of Filing Consent to Join (Attachments: #1 Exhibit Frank McKelvy Consent) (Alexander, William) [Transferred from New Mexico on 10/18/2021.]
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Filing 35
NOTICE OF WITHDRAWAL OF DOCUMENT as to document #20 Motion to Dismiss by XTO Energy, Inc. (Lamont, Charlotte) [Transferred from New Mexico on 10/18/2021.]
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Filing 34
NOTICE of Appearance by Andrew W Dunlap on behalf of All Plaintiffs (Dunlap, Andrew) [Transferred from New Mexico on 10/18/2021.]
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Filing 33
REPLY to Response to Motion re #28 MOTION to Dismiss the Overbroad and Jurisdictionally Deficient Class/Collective Claims in the First Amended Complaint filed by XTO Energy, Inc.. (Lamont, Charlotte) [Transferred from New Mexico on 10/18/2021.]
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Filing 32
RESPONSE in Opposition re #28 MOTION to Dismiss the Overbroad and Jurisdictionally Deficient Class/Collective Claims in the First Amended Complaint filed by Cory Bone. (Josephson, Michael) [Transferred from New Mexico on 10/18/2021.]
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Filing 31
ORDER by Magistrate Judge Gregory J. Fouratt granting #30 Motion to Extend. The #23 Rule 16 scheduling conference and the deadline for the parties to file the Joint Status Report are hereby VACATED. The parties shall file a JSR within thirty (30) from the day on which the Court decides Defendant's pending #28 Motion to Dismiss. Initial disclosures pursuant to Federal Rule of Civil Procedure 26 shall be due no later than fourteen (14) days from the date on which the JSR is due. (nmh) [Transferred from New Mexico on 10/18/2021.]
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Filing 30
Unopposed MOTION to Extend (other) the Joint Status Report, Discovery Plan and Initial Disclosures and Reset Initial Scheduling Conference by XTO Energy, Inc.. (Lamont, Charlotte) [Transferred from New Mexico on 10/18/2021.]
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Filing 29
First Amended ANSWER to Complaint with Jury Demand by XTO Energy, Inc.. Related document: #25 Amended Complaint filed by Luis Carrillo, Cory Bone.(Lamont, Charlotte) [Transferred from New Mexico on 10/18/2021.]
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Filing 28
MOTION to Dismiss the Overbroad and Jurisdictionally Deficient Class/Collective Claims in the First Amended Complaint by XTO Energy, Inc.. (Lamont, Charlotte) [Transferred from New Mexico on 10/18/2021.]
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Filing 27
NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: No. 24. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg) [Transferred from New Mexico on 10/18/2021.]
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Filing 26
PLEASE TAKE NOTICE that this case has been reassigned to Sr. District Judge Robert C. Brack as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Magistrate Judge Stephan M. Vidmar no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (dr) [Transferred from New Mexico on 10/18/2021.]
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Filing 25
AMENDED COMPLAINT against XTO Energy, Inc.. adding Luis Carrillo and Luis Carrillo and Luis Carrillo., filed by Cory Bone, Luis Carrillo. (Alexander, William) [Transferred from New Mexico on 10/18/2021.]
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Filing 23
INITIAL SCHEDULING ORDER by Magistrate Judge Gregory J. Fouratt. Telephonic Rule 16(c) Hearing set for 11/3/2020 at 03:00 PM before Magistrate Judge Gregory J. Fouratt. The parties shall call the Court's conference line at (888) 363-4735 and use code 9873158 to connect to the proceedings. Joint Status Report due by 10/27/2020. Unless otherwise notified by the Clerk or the Court a notice of consent or non-consent for this case to proceed before the trial Magistrate Judge should be submitted by each party no later than 9/25/2020. (nmh) [Transferred from New Mexico on 10/18/2021.]
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Filing 22
NOTICE OF IMPENDING REASSIGNMENT: Pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that this matter will be reassigned to a district judge as presiding judge if written consents from all parties have not been filed within 10 days. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (rh) [Transferred from New Mexico on 10/18/2021.]
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Filing 21
ANSWER to #1 Complaint by XTO Energy, Inc.. Related document: #1 Complaint filed by Cory Bone.(Lamont, Charlotte) [Transferred from New Mexico on 10/18/2021.]
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Filing 20
MOTION to Dismiss by XTO Energy, Inc.. (Lamont, Charlotte) [Transferred from New Mexico on 10/18/2021.]
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Filing 19
NOTICE by Cory Bone of Filing Consent to Join (Attachments: #1 Exhibit Consent of Larry Wayne Howell) (Alexander, William) [Transferred from New Mexico on 10/18/2021.]
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Filing 18
ASSOCIATION of Attorney Licensed Outside the District for Defendant XTO Energy, Inc. by Charlotte A. Lamont on behalf of: Felicity A. Fowler McGinnis Lochridge 2200 Ross Avenue, Suite 4900EDallas, Texas 75201 (214) 307-6961 Fax (214) 307-6990 ffowler@mcginnislaw.com (Association Dues - Online Payment) (Lamont, Charlotte)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] [Transferred from New Mexico on 10/18/2021.]
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Filing 17
NOTICE by XTO Energy, Inc. of Certificate of Good Standing for Non-Member Attorney Felicity A. Fowler (Attachments: #1 Exhibit) (Lamont, Charlotte) [Transferred from New Mexico on 10/18/2021.]
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Association Dues Received: $ 100 receipt number ANMDC-7263307 re: # 18 Association of Attorney Licensed Outside the District, filed by XTO Energy, Inc. (Payment made via Pay.gov)(Lamont, Charlotte) [Transferred from New Mexico on 10/18/2021.]
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Filing 16
NOTICE by Cory Bone re 15 Association of Attorney Licensed Outside the District, of Good Standing (Josephson, Michael) [Transferred from New Mexico on 10/18/2021.]
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Filing 15
ASSOCIATION of Attorney Licensed Outside the District for Plaintiff Cory Bone by Michael A Josephson on behalf of: Andrew W. Dunlap Josephson Dunlap LLP 11 Greenway PlazaHouston 2819073004 Fax 7133523300 adunlap@mybackwages.com (Association Dues - Online Payment) (Josephson, Michael)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] [Transferred from New Mexico on 10/18/2021.]
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Filing 14
NOTICE of Appearance by Michael A Josephson on behalf of Cory Bone (Josephson, Michael) [Transferred from New Mexico on 10/18/2021.]
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Filing 13
ASSOCIATION of Attorney Licensed Outside the District for Defendant XTO Energy, Inc. by Charlotte A. Lamont on behalf of: Paige A. Cantrell Littler Mendelson, PC 1301 McKinney Street, Suite 1900Houston, Texas 77010 (713) 951-9400 Fax (713) 951-9212 pcantrell@littler.com (Association Dues - Online Payment) (Lamont, Charlotte)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] [Transferred from New Mexico on 10/18/2021.]
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Filing 12
ASSOCIATION of Attorney Licensed Outside the District for Defendant XTO Energy, Inc. by Charlotte A. Lamont on behalf of: David B. Jordan Littler Mendelson, PC 1301 McKinney StreetSuite 1900 (713) 951-9400 Fax (713) 951-9212 djordan@littler.com (Association Dues - Online Payment) (Lamont, Charlotte)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] [Transferred from New Mexico on 10/18/2021.]
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Filing 11
NOTICE by XTO Energy, Inc. of Certificate of Good Standing for Non-Member Attorney David B. Jordan (Attachments: #1 Exhibit) (Lamont, Charlotte) [Transferred from New Mexico on 10/18/2021.]
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Filing 10
NOTICE by XTO Energy, Inc. of Certificate of Good Standing for Non-Member Attorney Paige A. Cantrell (Attachments: #1 Exhibit) (Lamont, Charlotte) [Transferred from New Mexico on 10/18/2021.]
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Filing 9
NOTICE by XTO Energy, Inc. for Certificate of Good Standing for Non-Member Attorney, Paige A. Cantrell (Lamont, Charlotte) [Transferred from New Mexico on 10/18/2021.]
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Filing 8
NOTICE by XTO Energy, Inc. of Certificate of Good Standing for Non-Member Attorney, David B. Jordan (Lamont, Charlotte) [Transferred from New Mexico on 10/18/2021.]
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Association Dues Received: $ 100 receipt number ANMDC-7260912 re: # 12 Association of Attorney Licensed Outside the District, filed by XTO Energy, Inc. (Payment made via Pay.gov)(Lamont, Charlotte) [Transferred from New Mexico on 10/18/2021.]
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Association Dues Received: $ 100 receipt number ANMDC-7261713 re: # 15 Association of Attorney Licensed Outside the District, filed by Cory Bone (Payment made via Pay.gov)(Josephson, Michael) [Transferred from New Mexico on 10/18/2021.]
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Association Dues Received: $ 100 receipt number ANMDC-7260917 re: # 13 Association of Attorney Licensed Outside the District, filed by XTO Energy, Inc. (Payment made via Pay.gov)(Lamont, Charlotte) [Transferred from New Mexico on 10/18/2021.]
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Filing 7
ORDER EXTENDING ANSWER DEADLINE by Magistrate Judge Gregory J. Fouratt. Defendant XTO Energy Inc. shall have until on or before September 14, 2020, to respond to Plaintiff's Original Complaint. (nmh) [Transferred from New Mexico on 10/18/2021.]
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Filing 6
Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by XTO Energy, Inc.. (Lamont, Charlotte) [Transferred from New Mexico on 10/18/2021.]
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Filing 5
NOTICE by Cory Bone of Filing Consent to Join (Attachments: #1 Exhibit Consent of Luis Carrillo) (Alexander, William ) [A PDF IN THIS FILING HAS BEEN IDENTIFIED AS BEING MALFORMED. THE PDF IS VIEWABLE, HOWEVER, IT WILL NOT DISPLAY THE BLUE HEADER AT THE TOP OF EACH PAGE. IF THE MALFORMED PDF IS PART OF AN EXHIBIT, THE 'VIEW ALL'/'DOWNLOAD ALL' FUNCTIONS FOR THIS FILING WILL NOT WORK.] Modified on 4/14/2021 (bl). [Transferred from New Mexico on 10/18/2021.]
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Filing 4
SUMMONS Returned Executed by Cory Bone. XTO Energy, Inc. served on 7/23/2020, answer due 8/13/2020. (Alexander, William ) [Transferred from New Mexico on 10/18/2021.]
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Filing 3
NOTICE by Cory Bone of Filing Consent to Join (Attachments: #1 Exhibit Consent of Larry Lynn Lyons) (Alexander, William ) [A PDF IN THIS FILING HAS BEEN IDENTIFIED AS BEING MALFORMED. THE PDF IS VIEWABLE, HOWEVER, IT WILL NOT DISPLAY THE BLUE HEADER AT THE TOP OF EACH PAGE. IF THE MALFORMED PDF IS PART OF AN EXHIBIT, THE 'VIEW ALL'/'DOWNLOAD ALL' FUNCTIONS FOR THIS FILING WILL NOT WORK.] Modified on 4/14/2021 (bl). [Transferred from New Mexico on 10/18/2021.]
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Filing 2
PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Stephan M. Vidmar to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (arp) [Transferred from New Mexico on 10/18/2021.]
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Filing 1
COMPLAINT against XTO ENERGY, INC. ( Filing Fee - Online Payment), filed by Cory Bone. (Attachments: #1 Exhibit Cory Bone Consent, #2 Civil Cover Sheet)(Alexander, William ) [Transferred from New Mexico on 10/18/2021.]
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Filing and Administrative Fees Received: $ 400 receipt number ANMDC-7208467 re #1 Complaint filed by Cory Bone (Payment made via Pay.gov)(Alexander, William ) [Transferred from New Mexico on 10/18/2021.]
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Summons Issued as to XTO Energy, Inc. (arp) [Transferred from New Mexico on 10/18/2021.]
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